This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT [RSBC 1996] CHAPTER 323 [Updated to October 1, 1998] Contents Section Part 1 - Purposes and Principles 1 Purposes of this Act 2 Purposes of local governments 3 Broad powers 4 Principles for relationship between local governments and the Provincial government Part 1.1 - Definitions and Interpretation 5 Definitions 6 Notes for assistance in explaining cross references 6.1 References to local government officer 6.2 Special rule for Mountain Time Zone 6.3 Process choice for local governments 6.4 How notices must be published in a newspaper 6.5 Giving notice to municipalities and regional districts 6.6 Power to make regulations 6.7 Interim regulations Part 2 - Incorporation of Municipalities 7 Incorporation of a new municipality 8 Vote required for the incorporation of a new municipality 9 Procedure and costs for vote on incorporation 10 Incorporation of municipality in conjunction with resource development 11 Incorporation of a mountain resort municipality 11.1 Incorporation of island municipality in Islands Trust area 12 Incorporation of reserve residents as village 13 What must and may be included in letters patent 14 Exceptions for industrial plants 15 Publication of letters patent 16 [Repealed] 17 Classification of municipalities 18 Change of municipal classification 19 Size of council 20 Extension of boundaries 21 Redefinition of boundaries 22 Collection of taxes 23 Transfer of Provincial tax money if rural land included in municipality 24 Bylaws extend to additional area 25 Phased farm property tax exemption 26 Reduction of municipal area 27 Redefinition of adjoining municipalities 28 Conditions on extension or reduction 29 Disincorporation of a municipality 30 Dissolution of improvement district 31 Rights and liabilities not affected by surrender or revocation of letters patent 32 Existing licences preserved Part 3 - Electors and Elections Division 1 - Interpretation 33 Definitions 34 Time not extended for voting days 35 This Act prevails in relation to use of information Division 2 - Arrangements for Elections 36 General local elections every 3 years 36.1 Municipal elections at large unless on a neighbourhood constituency basis 37 By-elections 38 Minister's order for election to be conducted 39 Election bylaws 40 Costs of elections 41 Appointment of election officials 42 Chief election officer duties and powers 43 Presiding election official duties and powers Division 3 - Election Proceedings Generally 44 Public notices 45 Solemn declarations 46 Keeping order at election proceedings 47 Adjournment of election proceedings 48 Exceptional assistance in election proceedings Division 4 - Electors 49 Who may vote at an election 50 Resident electors 51 Non-resident property electors 52 Rules for determining residence 53 When a person may register as an elector 54 Voting day registration only 55 Application for registration 56 How to register in advance 57 How to register at the time of voting 58 Non-resident property elector certificate 59 Automatic registration by inclusion on Provincial list of voters 60 Effect of registration 61 Register of electors 62 List of registered electors 63 Protection of privacy 64 Objection to registration of an elector 65 Resolving objections Division 5 - Qualifications for Office 66 Who may hold elected office as a member of a local government 67 Disqualification of local government employees 68 Only one elected office at a time in the same local government Division 6 - Nominations and Declaration of Election 69 Nomination period 70 Notice of nomination 71 Who may make nominations 72 Nomination documents 73 Nomination by delivery of nomination documents 74 Declaration of candidates 75 Challenge of nomination 76 Declaration of election by voting or acclamation 77 Notice of election by voting 78 Appointment if an insufficient number of candidates are elected Division 7 - Candidates and Representatives 79 Ballot showing candidate endorsement by elector organization 80 Withdrawal, death or incapacity of candidate 81 Appointment of candidate representatives 82 Presence of candidate representatives at election proceedings Division 8 - Campaign Financing 83 Definitions 84 Election campaign 85 Appointment of financial agent 86 Restrictions on accepting contributions and incurring expenses 87 Restrictions on making campaign contributions 88 Recording of campaign contributions and election expenses 89 Valuation of campaign contributions and election expenses 90 Duty to file disclosure statements 91 Failure to file disclosure statement for candidate 92 Failure to file disclosure statement for elector organization 93 Disclosure statements to be available for public inspection Division 9 - Voting Opportunities 94 Voting opportunities for electors 95 Required general voting opportunities 96 Additional general voting opportunities 97 Required advance voting opportunities 98 Additional advance voting opportunities 99 Special voting opportunities 100 Mail ballot voting Division 10 - Arrangements for Voting 101 Voting places 102 Use of voting machines 103 Municipal voting divisions 104 Form of ballots 105 What must and must not be included on a ballot 106 Order of names on ballot 107 Order of names on ballot determined by lot 108 Ballot boxes Division 11 - Conduct of Voting Proceedings 109 Persons who must be present at voting places 110 Persons who may be present at voting places 111 Sealing of ballot boxes containing ballots 112 Time for voting extended Division 12 - Voting 113 Voting to be by secret ballot 114 Each elector may vote only once 115 Requirements before elector may be given a ballot to vote 116 Challenge of elector 117 If another person has already voted under an elector's name 118 Replacement of spoiled ballot 119 How to vote by ballot 120 One person to a voting compartment 121 Persons needing assistance to mark their ballots 122 Persons unable to enter a voting place Division 13 - Counting of the Vote 123 When and where counting is to be done 124 Who may be present at counting 125 Who does the counting 126 Opening of ballot boxes 127 Combination of ballots for counting 128 Procedures for counting 129 Rules for accepting votes and rejecting ballots 130 Objections to the acceptance of a vote or the rejection of a ballot 131 Ballot account 132 Packaging of ballots 133 Delivery of election materials to chief election officer 134 Preliminary election results 135 Determination of official election results 136 Declaration of official election results 137 When elected candidates may take office Division 14 - Judicial Recount 138 Application for judicial recount 139 Judicial recount procedure 140 Results of judicial recount and orders as to costs 141 Determination of results by lot if tie vote after judicial recount 142 Runoff election if tie vote after a judicial recount Division 15 - Declaration of Invalid Election 143 Application to court 144 Hearing of the application 145 Power of the court on an application 146 Costs of an application 147 Status of an elected candidate Division 16 - Final Proceedings 148 Report of election results 149 Publication of election results 150 Retention and destruction of election materials Division 17 - Election Offences 151 Vote buying 152 Intimidation 153 Other election offences 154 Penalties Division 18 - General 155 Powers of minister in relation to elections 156 Regulations Part 4 - Other Voting Division 1 - Interpretation 157 Definitions 158 Other voting to be conducted in same manner as an election Division 2 - Assent of the Electors 159 How assent is obtained 160 Each bylaw to be voted on must be for a distinct purpose Division 3 - Other Voting Proceedings 161 Who may vote at other voting 162 General voting day for other voting 163 Arrangements for other voting 164 Notice of other voting 165 Ballots for other voting 166 When counting for other voting is to be done 167 Special procedures if voting is conducted by more than one jurisdiction 168 Other general matters Division 4 - Scrutineers 169 Scrutineers for other voting 170 Notice of applications to volunteer as a scrutineer 171 Applications to volunteer to act as scrutineer for other voting 172 Appointment of scrutineers for other voting Part 5 - Corporate Powers and Their Use Division 1 - Corporate Status and Governing Bodies 173 Corporations created 174 Governing bodies 175 Local government jurisdiction Division 2 - General Corporate Powers 176 Corporate powers of local governments Division 3 - Agreements 177 Disclosure of information relating to agreements 178 Requirements for electors' assent or counter petition opportunities 179 Amendment of agreements 180 Approval for out-of-Province and out-of-country agreements with public authorities Division 4 - Assistance 181 Definition of "assistance" 182 Prohibition against assistance to business 183 Exception for assistance under partnering agreements 184 Limitation on assistance by means of tax exemption 185 Publication of intention to provide certain kinds of assistance Division 5 - Disposing of Land and Improvements 186 Disposition of land and improvements 187 Notice of proposed disposition 188 Use of money from sale of land or improvements 189 Disposal of assets acequired with Provincial grants 190 Disposal of utilities and water and sewer systems Division 6 - Delegation of Local Government Authority 191 Limitations on delegation authority 192 How delegation must occur 193 Delegation of hearings 194 Reconsideration of delegate's decisions Division 7 - Incorporation of Corporations 195 Incorporation of corporations Part 5.1 - Local Government Officers and Employees Division 1 - Officer Positions 196 Officer positions 197 Chief administrative officer 198 Corporate administration 199 Financial administration Division 2 - Officers and Employees Generally 200 Appointment of officers and employees 201 Oath of office for officers 202 Termination of officer 203 Employers' organization Division 3 - Certification of Senior Officials 204 Board of examiners 205 Powers of board 206 Board may make regulations Part 5.2 - Municipal Councils and Their Proceedings Division 1 - Council Members 207 Size of council 208 Quorum of council 209 Term of office for council members 210 Oath of office for council members 211 Disqualification from office for failure to make oath or attend meetings 212 Resignation from office 213 Application to court to declare council member disqualified 214 Resolution declaring council member disqualified 215 Council member remuneration and expenses 216 Reporting of remuneration and expenses 217 Council members' benefits Division 2 - Mayor 218 Powers and duties of mayor 219 Mayor may return bylaw for reconsideration by council 220 Acting mayor and deputy mayor 221 Intermunicipal questions Division 3 - Council Meetings 222 Time of council meetings 223 Notice of special meeting 224 Council members may request special meeting 225 Attendance of public at meetings 226 Expulsion from meeting for improper conduct 227 Mayor to preside at council meetings 228 Points of order 229 Appeal from decision of mayor 230 Voting at council meetings 231 Council member declaration if not entitled to vote Division 4 - Council Proceedings 232 Exercise of powers by bylaw or resolution 233 General rule that matters be decided by majority of members present 234 Requirement for 2/3 majority 235 Procedure bylaw 236 Minutes of council proceedings 237 Minutes of committees and other municipal bodies 238 Appointment of select committee 239 Establishment of standing committees 240 Witnesses at council or committee meetings 241 Petitions to council 242 Counter petition process Division 5 - Additional Powers 243 Persons may be honoured with freedom of the municipality 244 Municipal holidays 245 Referendums to obtain electors' opinion 246 Joint exercise of powers with other municipalities 247 Incidental powers 248 Further powers in relation to municipal assets 249 Further powers for public good 250 Emergency powers 251 Additional powers and exceptions may be granted to municipalities Division 6 - Special Expenditure Powers 252 Business improvement areas 253 Mountain resort business improvement areas 254 Payment for benefits and expenses relating to municipal activity 255 Indemnification against proceedings 256 General heritage conservation authority Part 6 - Bylaws Division 1 - General 257 Requirements for passing bylaws 258 Bylaw required to establish procedures 259 When a bylaw comes into force 259.1 Exercise of powers through municipal code 259.2 Evidence of bylaw 259.3 Bylaws must be available for public inspections Division 2 - Challenge of Bylaws 260 Extended definition of "bylaw" 261 Validity of council proceedings 262 Application to court to set aside bylaw 263 Assessment or rate stands unless bylaw set aside 264 Declaratory orders 265 Right of action on illegal bylaw Division 3 - Enforcement of Bylaws 266 Fines and penalties 267 Bylaw contraventions - offences and penalties 268 Inspections to determine whether bylaws are being followed 269 Municipal action at defaulter's expense 270 Application of taxes and fines collected under bylaws Division 4 - Ticketing for Bylaw Offences 271 Definition of person who is a "justice" 272 Ticket offences 273 Laying information and serving ticket 274 Choice of paying fine or disputing ticket 275 Effect of paying fine 276 Hearing of dispute 277 Failure to appear at hearing 278 Failure to respond to ticket 279 Time extensions if person not at fault in failing to respond or appear 280 Regulations in relation to ticket offences Division 5 - Consolidation and Revision of Bylaws 280.1 Consolidation of bylaws 280.2 Revision of bylaws 280.3 Revision may consolidate existing bylaws into municipal code 280.4 Bylaw required to adopt revision 280.5 Effect of revised bylaws 280.6 Correction of revision errors Part 7 - Legal Proceedings Division 1 - Proceedings by Municipality 281 Actions by municipality 282 Municipality may restrain breach of Act or bylaw 283 Recovery of utility rates by legal remedy of distress 284 Scale of costs on distress Division 2 - Proceedings against Municipality 285 Limitation period for actions against municipality 286 Immunity unless notice given to municipality after damage 287 Immunity for individual municipal public officers 287.1 Defence for local government financial administrator 288 Immunity against certain nuisance actions 289 Immunity in relation to failure to enforce building bylaws 290 Limitation on municipal liability regarding building plan approval 291 Proceedings against municipality in relation to actions of others 292 [Repealed] Division 3 - Enforcement of Orders against Municipality 293 Writ of execution against municipality 294 Copy of writ to be left with municipal officer 295 Tax to be levied if amount not paid 296 Payment of amount levied 297 Officers of municipality as officers of court 298 Certain municipal property exempt from seizure Division 4 - Miscellaneous 299 Municipalities may join in litigation 300 Self insurance by local governments 301 Appeal from decision of registrar of land titles Part 8 - Special Municipal Powers Relating to Property Division 1 - Reservation and Dedication of Real Property 302 Power to reserve municipal land for public purpose 303 Power to dedicate municipal land for public purpose 304 Power to cancel the dedication of a highway 305 Effect of reservation and dedication Division 2 - Municipal Forest Reserves 306 Establishment of municipal forest reserve 307 Sale or lease of municipal forest reserve 308 Cutting and removal of timber Division 3 - Expropriation and Compensation 309 Expropriation power 310 Power to expropriate water diversion licences and related works 311 Entry on land to mitigate damage that may be caused by municipality 312 Compensation for non-expropriation actions 313 Funding for expropriation and mitigation Division 4 - Other Powers 314 Power to accept property on trust 315 Power to convey land to school board in trust 316-326 [Repealed] Part 9 - Annual Budget and Tax Rates Division 1 - Annual Budget 327 Provisional budget 328 Annual budget 329 Capital expenditure program Division 2 - Annual Tax Rates 330 Definitions 331 Annual rates bylaw 332 Variable property tax rate system 333 Limits on variable tax rate system 334 Basis of tax levy 335 Minimum amount of tax 336 Assessment averaging and phasing bylaws 337 Limits on averaging and phasing bylaws 338 Date on which tax imposed Part 10 - Assessment and Taxation Division 1 - Exemptions 339 General exemptions from taxation 340 Qualifications and exceptions to the general exemptions 341 Exemptions by council 342 Exemptions for heritage properties 343 Repayment requirement in relation to heritage exemptions 343.1 Exemptions for riparian property 343.2 Repayment requirement in relation to riparian exemptions 344 Qualifications to the exemptions under sections 341, 342 or 343.1 344.1 Tax exemptions under a partnering agreement 345 Exemptions for industrial or business property 346 Exemptions for community ports and airports Division 2 - Golf Course and Cemetery Valuation Agreements 347 Definitions 348 Agreements for valuation of golf course or cemetery land 349 Covenants required for valuation agreements 350 Further liability for 10 years after end of valuation agreement 351 Operational details of valuation agreements Division 3 - Special Cases 352 Forest land 353 Utility and other companies 354 Utility taxation details Division 4 - Tax Liability of Occupiers of Land 355 Definition of "occupier" 356 Taxation of Crown land used by others 357 Taxation of municipal land used by others 358 Taxation of occupier of exempt land Division 5 - Assessment Rolls 359 Chargeholders must be named on tax roll and given tax notices 360 Grouping of parcels 361 Roll open for inspection 362 Local court of revision 363 Appeal to Supreme Court from local court of revision 364 Validity of assessment roll Part 11 - Taxes and Their Collection Division 1 - Preparation of Property Tax Roll 365 Collector of taxes 366 Collector to prepare property tax roll 367 Information required on property tax roll 368 Apportionment on late subdivision Division 2 - Unpaid Taxes 369 Taxes in arrear 370 Delinquent taxes 371 Apportionment of unpaid taxes on subdivision 372 Treatment of taxes if subdivision plan cancelled Division 3 - Municipal Collection of School and Other Taxes 373 Municipal collection of school taxes 374 Council to pay school taxes 375 School taxes in arrear 376 Municipal collection of improvement district taxes 377 Payments to improvement districts Division 4 - Tax Notices 378 Collector to mail tax notices 379 Statements of taxes in arrear or delinquent 380 Collector to mail copies of tax notice to persons who have requested it 381 Statement of taxes outstanding Division 5 - Adjustments to Taxes 382 Adjustments required if assessments are set aside or varied 383 Taxation on receipt of supplementary roll 384 Interest on overpayment of taxes 385 Special charges that are to be collected as taxes 386 Appeal to Supreme Court against special charge 387 Charge for irrigation water rights 388 [Repealed] Division 6 - Payment of Taxes 389 Payment in advance 390 Payment on account 391 Collection of taxes by instalment 392 Application of tax payments 393 Payment to municipality 394 Percentage additions to unpaid taxes 395 Taxes to be included in general revenue Division 7 - Recovery of Taxes 396 Taxes are a special charge on the land 397 Liability of assessed owner and recovery by court action 398 Recovery of taxes by the legal remedy known as "distress" 399 Power to accept real property in place of taxes 400 Notice of delinquent taxes on Crown land 401 Recovery of taxes on Crown land subject to an agreement for sale 402 Recovery of taxes on Crown land held under lease or licence Division 8 - Annual Tax Sale 403 Annual tax sale 404 Exemption of Crown land from tax sale 405 Notice of tax sale 406 Municipality may bid at tax sale 407 Upset price and conduct of tax sale 408 Purchaser to give authority to register tax sale title 409 Collector to provide certificate of sale 410 Tax sale of Crown land subject to an agreement to purchase 411 Provincial government may accept tax sale purchaser 412 Resale of land purchased by municipality at tax sale 413 Notice of tax sale must be filed in land title office 414 Owners must be given notice of tax sale and redemption period 415 Assessment and taxes during redemption period 416 Application of surplus from tax sale 417 Redemption by owner 418 Redemption payments by installments 419 Notice of redemption must be filed in land title office 420 Registration of purchaser 421 Effect of tax sale on rights of owner 422 Action by owner to have tax sale set aside 423 Reinstatement of taxes if sale set aside 424 Restrictions on legal actions in relation to tax sale 425 Repossessed tax sale land 426 Procedure on default of purchaser under agreement 427 Redemption by municipality of land sold for Provincial taxes 428 Power to agree with other taxing authority Division 9 - Frontage Taxes 429 Definitions 430 Frontage tax bylaw 431 Parcel tax may be imposed as alternative to frontage tax 432 Frontage tax assessment roll 433 Consideration of assessment roll by local court of revision 434 Notice to owner of proposed revision to create or increase frontage tax liability 435 Alterations in assessment roll 436 Assessment roll valid and binding 437 Frontage tax must be shown on property tax roll 438 Apportionment of tax for subdivided land 439 Advances for tax proceeds 440 Accounts for frontage taxes Division 10 - Business Tax 441 Definitions 442 Business tax 443 Business tax roll and assessment 444 Liability for business tax 445 Council may require notice of change in business occupancy 446 Business tax on utility companies 447 Alternative tax on operators of licensed liquor establishments Part 12 - Debts and Securities Division 1 - Restrictions on Incurring Liabilities 448 Limits on incurring financial liability 449 Limits on municipal borrowing 450 [Repealed] Division 2 - Authority to Incur Liabilities 451 Liabilities beyond the current year 452 [Repealed] 453 Revenue anticipation borrowing 454 Short term capital borrowing 455 Loan authorization bylaws 456 Loan authorization bylaw approval by inspector 457 Appeal from inspector's decision under section 456 458 Counter petition opportunity required for borrowings 458.1 Borrowing to cover judgments and awards in legal proceedings 459 Comprehensive loan authorization bylaw 460 Temporary borrowing under loan authorization bylaw Division 3 - Authority to Issue Securities 461 Security issuing bylaws 462 Security issuing bylaw approval by inspector 463 Appeal from inspector's decision under section 462 464 Form of debentures that may be authorized 465 Regional district financing of municipal undertaking Division 4 - Municipal Debentures 466 Sealing and signing debentures 467 Debenture payable to bearer 468 Registration of debenture 469 Legal proceedings on debentures 470 When debenture binds municipality 471 Currency and place of payment 472 Disposition of debentures 473 Replacement of lost debentures 474 Cancellation and destruction of debentures 475 Refinancing of debenture debt 476 Temporary investment of debenture proceeds Division 5 - Use of Borrowed Money 477 Purposes for which money may be used 478 Liability for use of money contrary to this Part 479 Disqualification of council member for use of money contrary to this Part Part 13 - Special Funds Division 1 - Sinking Funds 480 Requirement for separate accounts 481 Council may advance or borrow for sinking fund 482 Savings institution account for sinking fund money 483 Investment of sinking fund money 484 Investment in debentures of municipality or GVWD 485 Pledging sinking fund securities for municipal borrowing 486 [Repealed] 487 Directions from minister as to use of sinking fund 488 Reduction of sinking fund rates or levy 489 Surplus in sinking fund 490 Deficiency in sinking fund 491 Inspector may require report on sinking fund 492 Transfer of administration to Minister of Finance and Corporate Relations Division 2 - Debt Retirement Funds 493 Municipal financial officer must keep accounts 494 Debt retirement funds advance 495 Investment of debt retirement fund Division 3 - Reserve Funds 496 Capital works reserve funds 497 Reserve funds for municipal enterprises 498 Reserve fund from tax sale money 499 Special reserve fund Division 4 - Local Improvement Fund 500 Local improvement fund Division 5 - General 501 Transfer between funds 502 Use of money if original purpose has failed 503 Investment of funds 504 Limits on use of funds 505 Liability for use of money contrary to Act 506 Disqualification of council member for voting for illegal expenditure Part 14 - Accounts and Audit 507 Annual financial statements 508 Municipality must appoint auditor 509 [Repealed] 510 Auditor may appeal termination 511 Duties of auditor 512 Special reports in relation to irregularities 513 Liability in relation to irregularities 514 Powers of auditor 515 Auditor not to remove records without approval 516 Right of elector to object to accounting Part 15 - Fire, Police and Health Services Division 1 - Fire Protection and Control 517 Fire department 518 Fire regulations for protection of persons and property Division 2 - Police Services 519 Application of this Division 520 Municipality to pay cost of maintaining law and order 521 Disposal of property in police possession 522 Services for victims of crime Division 3 - Health 523 Health regulations 524 Chlorination, fluoridation and other health protection measures 525 Order to abate dangerous conditions 526 Hospitals, health centres and services 527 Board of management for health institutions 528 Ambulance service Division 4 - Welfare 529 Accommodation for aged, infirm and disabled 530 Social planning 531 Burial of unclaimed bodies Part 16 - Public Works Division 1 - Municipal Buildings 532 [Repealed] Division 2 - Highways 533 Possession of municipal public roads 534 Title of highways in Provincial government 535 Disposal of portion of highway 536 District municipality may resume reserved land 537 District municipality may expropriate in substitution for road allowances 538 District municipality may take material for public works 539 Agreements to reserve land for highway purposes 540 Naming and numbering of highways 541 General powers in relation to highways and public works 542 Regulation of highways 543 Regulation of signs and advertising 544 Charges for cleaning and clearing highways 545 Regulation of extraordinary traffic 546 Uses of highways other than traffic 547 Gates across highway 548 [Repealed] Division 3 - Wharves, Waterways, Drains and Dikes 549 Powers subject to the Water Act 550 Wharves, docks, warehouses and slips 551 Waterways, dikes, drains and works 552 Operation of drainage works 553 Channel of watercourse defined 554 Control of drainage 555 Appeal if unable to reach agreement on construction of drains 556 Assessment if damages are awarded against municipality 557 Liability for damage to works or watercourse 558 Highway construction and dikes 559 Transfer of development district assets 560 District municipality drainage works Division 4 - District Municipality Ditching Projects 561 Definitions 562 Powers under Division are subject to the Water Act 563 Initiation of ditching project 564 Preliminary report for project 565 Action on preliminary report 566 Notice of proposed work 567 Completion of project 568 Appeal to Supreme Court regarding project 569 Borrowing for project 570 Subdivision of land in ditching area 571 Powers of engineer 572 Charges for maintenance of project 573 Extending and merging of areas Division 5 - Sewers and Storm Drains 574 Sewerage system 575 Sewer and drain charges and tax 576 [Repealed] Division 6 - Waste Removal 577 Waste removal works and services 578 Exemption from charges if services not required Division 7 - Intermunicipal Works 579 Intermunicipal boundary roads 580 Bylaws on intermunicipal boundary roads 581 Disputes regarding boundary roads 582 Disputes regarding transecting roads 583 Intermunicipal bridges 584 Intermunicipal watercourses Part 17 - Utilities Division 1 - Regulation of Public Utilities 585 Application to companies that provide services similar to utilities 586 Authority of municipalities under this Division 587 Use of highways by utilities 588 Poles on highways 589 Underground facilities 590 Owners' portion of cost limited 591 Works may be delegated Division 2 - Municipal Utilities 592 Application to companies that provide services similar to utilities 593 [Repealed] 594 Municipal utilities: gas, electricity and water 595 Other municipal utilities 596 Construction of municipal utilities 597 Drainage works in conjunction with irrigation system 598 Municipal utilities outside area 599 Charges and rates for utilities outside municipality 600 [Repealed] 601 Terms and rates for utility facilities 602 Frontage tax and connection charges 603 Extension of utility services 604 Irrigation rights preserved 605 [Repealed] 606 Plans of utilities Division 3 - Franchises 607 Granting of franchises 608 Establishing routes and other terms 609 Enforcement of franchise Part 18 - Recreation and Community Services Division 1 - Parks and Community Buildings 610 Community use property 611 Creation and improvement of facilities 612 Grants of parks and heritage property 613 Control of parks dedicated by subdivision 614 Exchange of dedicated land Division 2 - Civic Commissions 615 Parks commission 616 Civic properties commission 617 Athletic commission 618 Recreation commission 619 Joint commission in place of recreation commission Part 19 - Local Improvements and Specified Areas Division 1 - Local Improvements 620 Definitions 621 Land that is exempt from taxation 622 Municipal policy that works must be undertaken as local improvements 623 Works that may be undertaken as local improvements 624 Sidewalk canopies as local improvements 625 Sewer, water and gas connections in relation to street paving 626 Sidewalk crossings and driveways provided at owner's request 627 Time limit on effect of construction bylaw 628 General rule of separate bylaws for distinct work 629 Local improvement proposed on council's initiative 630 Petition against work proposed on council's initiative 631 Petition to council for local improvement 632 Determining whether a petition is sufficient 633 Items that may be included in the cost of a work 634 Charges for work must be established in advance 635 Requirements for adoption of construction bylaw 636 Commuting special charges 637 Borrowing for works 638 Payment of costs from annual budget 639 Payment of costs from local improvement fund 640 Assessment must be revised if scope of work reduced 641 Duty of municipality to repair completed works 642 Procedure to compel municipality to repair 643 Current assessment of special charges is not an encumbrance 644 Cost of work that is replaced, removed or destroyed 645 Commission may be appointed to investigate assessment roll Division 2 - Specified Areas 646 Works and services for specified areas 647 Off-street parking facilities 648 Borrowing for specified area 649 Enlargement or reduction of specified area 650 Merging of specified areas 651 Application of other Parts to specified areas Part 20 - Business Licensing and Regulation Division 1 - Licensing of Businesses 652 Definitions 653 Business licences may be required 654 Exemptions from licensing requirements 655 Security may be required for non-resident businesses 656 Security may be required for new resident business 657 Alternative fee for short-term business 658 Security under the Consumer Protection Act, 1967 659 Classification of businesses for licence fee purposes 660 Maximum licence fees 661 Term of business licences 662 Form of licence 663 Transfer of licence when place of business changed 664 Intermunicipal business licences 665 Designated trading areas and provision for licensing 666 Council may refuse to grant business licence 667 Delegated authority to grant and suspend licences 668 Revocation of licence 669 Offence to carry on business without licence Division 2 - Licensing of Commercial Vehicles 670 Definitions 671 Application of Division 672 Commercial vehicle licensing bylaw 673 Exemptions from licensing requirements 674 Licence plate must be displayed 675 Issue and transfer of licence plates 676 Term of licences 677 Fees to be paid to UBCM 678 Offences Division 3 - Regulation of Business 679 Business regulation 680 Specific regulatory powers 681 Regulation of carriers Division 4 - Shopping Hours Regulation 682 Definition of "shop" 683 [Repealed] 684 Bylaws under this Division 685 Statutory holidays 686 Closing of shops 687 Exemptions from closing rules 688 Special hours before holidays 689 Service station hours 690 Application to hawkers and peddlers 691 Emergency exception Part 21 - Building Regulations Division 1 - Building Code and Other Building Regulations 692 Provincial building code and regulations 693 Building Code Appeal Board Division 2 - Municipal Building Regulations 694 Municipal building regulations 694.1 Requirement for security 695 Requirement for certification by engineer or architect 696 Regulating doors and emergency exits 697 Municipality may adopt national codes Division 3 - Specific Municipal Actions 698 Demolition or repair of unsafe buildings, structures and excavations 699 Building inspector may require engineering report 700 Note against land title that building regulations contravened 701 Cancellation of note against land title Part 22 - Miscellaneous Powers 702 [Repealed] Division 1 - Regulation of Animals 703 Keeping of animals 704 Regulation of animal nuisances 705 Dog licences 706 Compensation for injuries to livestock 707 Animal pounds Division 2 - Protection of Trees 708 General protection of trees 709 Regulation of tree cutting and removal 710 Significant trees 711 Hazardous trees and shrubs 712 Removal or replacement of trees at owner's expense 713 Assessment and inspection of trees 714 Limits on powers under this Division 715 Reconsideration of delegate's decision Division 3 - Sundry Powers 716 Bylaws regarding cemeteries 717 Fees and charges in relation to airports, harbours, parking and other facilities 718 Night patrols 719 [Repealed] 720 Bicycle licences 721 Land rehabilitation assistance 722 Wild flowers, auctions and athletic contests 723 Removal and deposit of sand, gravel and other soil 724 Noise control 725 Nuisances and disturbances 726 Fire and security alarm systems 727 Removal of dangerous buildings and other structures 728 Firearms, explosives and fireworks Part 23 - Improvement Districts Division 1 - General 729 Definitions 730 Administration and control of improvement districts 731 Incorporation by letters patent 732 Incorporation of mountain resort improvement districts 733 Notation on title of land in a mountain improvement district 734 Amendment or recall of letters patent 735 Dissolution of improvement districts 736 Improvement district trustees 737 Election of improvement district trustees 738 Chair and officers 739 Meeting procedure 740 First meeting of trustees in each year 741 Trustees to account to owners 742 Appointment of receiver 743 Protection from legal proceedings 744 Improvement district property exempt from taxation Division 2 - Powers and Operations 745 General powers 746 Powers that must be exercised by bylaw 747 Requirements for bylaws 748 Power to exercise rights under certain water licences 749 Power to expropriate water diversion licences and related works 750 General power to expropriate land and works 751 Renewal of works 752 Appeal if improvement district refuses to provide services Division 3 - Taxes and Cost Recovery 753 Assessment roll 754 Notice of assessment 755 Revision of assessments 756 Tax collection on behalf of improvement district 757 Levying of taxes by improvement district 758 Tax notices 759 Lien for taxes and tolls 760 Interest on taxes Division 4 - Tax Sales 761 Definitions 762 Tax sale for recovery of taxes 763 Conduct of tax sale 764 Disposal of surplus from tax sale 765 Improvement district as purchaser of tax sale land 766 Tax sale deed 767 Sale of Crown land held under a mortgage or agreement for sale 768 Disposal of tax sale land by trustees Division 5 - Borrowing and Securities 769 Provision of sinking funds 770 Provincial guarantee of improvement district securities 771 Form of securities 772 Registration of securities Part 24 - Regional Districts Division 1 - Interpretation 773 Definitions 774 Application of other provisions Division 2 - Corporate Structure 775 Continuation of regional districts 776 Incorporation of regional districts 777 Letters patent of regional districts 778-779.3 [Repealed] 780 Amalgamation and division of regional districts and alteration of boundaries 781 Dissolution of improvement districts and local areas 782 Creation or restructure of municipalities Division 3 - Government and Procedure 783 Composition and voting rights 784 Appointment and term of office of municipal directors 785 Election and term of office of electoral area directors 786 Alternate municipal directors 787 Alternate electoral area directors 788 Remuneration and expenses of directors and committee members 789 Director benefits 790 Reporting of remuneration and expenses 791 Voting on resolutions and bylaws 792 Chair and vice chair of board 793 Calling and conduct of meetings 794 Procedure, bylaws and enforcement 795 Committees, delegation of powers and inquiries Division 4 - Powers and Services 796 General powers 797 General services 798 Local services 799 Extended services 800 Additional local or extended services 801 Additional powers and exceptions may be granted to regional districts 802 Referendums regarding services 803 Exercise of regulatory powers 804 Service areas 805 Extraterritorial participating areas 806 Establishing bylaws for services 807 Preconditions to validity of establishing bylaws 808 Assent of the electors by voting 809 Assent of electors by counter petition 810 Consent on behalf of municipal electors 811 Consent on behalf of electoral area electors 812 Petition for services 813 Amendment of establishing bylaws Division 5 - Financial Operations 814 Accounting 815 Cost recovery for general services 816 Cost recovery for local services 817 Cost recovery for extended services 818 Options for local and extended services 819 Annual budget 820 Apportionment of costs 821 Apportionment adjustments 822 Requisition of funds from municipalities 823 Requisition of funds for electoral areas 824 Collection in municipalities 825 Collection in electoral areas 826 Special funds 827 Feasibility study fund 828 Liabilities beyond the current year 829 Revenue anticipation borrowing 830 Short term capital borrowing 831 Loan authorization bylaws 831.1 Borrowing to cover judgments and awards in legal proceedings 832 Information that must be stated in borrowing bylaw 833 Security issuing bylaw 834 Provisions applicable to loan and security bylaws 835 Financing municipal undertakings 836 Borrowing on credit Division 6 - General 837 Services to public authorities 838 Local community commissions 839 Notice required for certain bylaws 840 Restriction on authority in relation to firearms 841 Default on payment by municipality 842 Variable tax rate system 843 Property tax exemptions 844 Exemptions for heritage properties 845 Repayment requirement in relation to heritage exemptions 845.1 Exemptions for riparian property 845.2 Repayment requirement in relation to riparian exemptions 845.3 Tax exemptions under a partnering agreement 846 Inspection of regional districts 847 Legal proceedings Part 25 - Regional Growth Strategies 848 Definitions Division 1 - Application and Content of Regional Growth Strategy 849 Purpose of regional growth strategy 850 Content of regional growth strategy 851 Area to which regional growth strategy applies 852 Requirement to adopt regional growth strategy Division 2 - Preparation and Adoption Procedures 853 Requirements for adoption 854 Initiation of regional growth strategy process 855 Consultation during development of regional growth strategy 856 Facilitation of agreement during development of regional growth strategy 857 Acceptance by affected local governments required 858 Resolution of anticipated objections 859 Resolution of refusal to accept 860 Settlement of regional growth strategy 861 Options for settlement process 862 General provisions regarding settlement process 863 Adoption of regional growth strategy 864 Requirement to adopt finalized regional growth strategy Division 3 - Effect of Regional Growth Strategy 865 Regional district must conform with regional growth strategy 866 Requirement for regional context statements in municipal official community plans Division 4 - General 867 Intergovernmental advisory committees 868 Implementation agreements 869 Regular reports and review of regional growth strategy 870 Provincial policy guidelines 871 Minister may require official community plans and land use bylaws Part 26 - Management of Development Division 1 - General 872 Definitions 873 Powers may be exercised by comprehensive bylaw 874 Ministerial orders Division 2 - Official Community Plans 875 Application of community plans 876 General content of community plans 877 Required content 878 Policy statements in community plans 879 Designation of permit areas 879.1 Designation of development approval information areas or circumstances 880 Designation of heritage conservation areas 881 Planning of school facilities 882 Adoption procedures for municipalities 883 Adoption procedures for regional districts 884 Effect of official community plans 885 Petition to board for repeal of community plan Division 3 - Rural Land Use Bylaws 886 Rural land use bylaws 887 Content of rural land use bylaw 888 Adoption procedures 889 Effect of rural land use bylaw Division 4 - Public Hearings on Bylaws 890 Public hearings 891 Delegating the holding of public hearings 892 Notice of public hearing 893 Notice if public hearing waived 894 Procedure after a public hearing Division 5 - Public Information and Advisory Commission 895 Development approval procedures 896 Information that must be available to the public 897 Procedures manual 898 Advisory planning commission Division 6 - Board of Variance 899 Establishment of board of variance 900 Chair and procedures 901 Variance or exemption to relieve hardship 902 Extent of damage preventing reconstruction as non-conforming use Division 7 - Land Use Designation 903 Zoning bylaws 904 Zoning for amenities and affordable housing 905 Housing agreements for affordable and special needs housing 906 Parking space requirements 907 Runoff control requirement 908 Regulation of signs 909 Screening and landscaping to mask or separate uses 910 Construction requirements in relation to flood plain areas 911 Non-conforming uses and siting 912 Effect of expropriation in relation to non-conforming use and subdivision 913 Approval of regional district bylaws by minister 914 No compensation in relation to adoption of bylaw or issuance of permit Division 8 - Use of Land for Agricultural Operations 915 Intensive agriculture 916 Provincial standards for farm bylaws 917 Farm bylaws 918 Application 919 Three year review of bylaws affecting farming areas Division 9 - Permits and Fees 920 Development permits 920.1 Development approval information 921 Temporary commercial and industrial permits 922 Development variance permits 923 Tree cutting permits 924 Approval required for development near controlled access highway 925 Requirement for security 926 Lapse of permit 927 Notice of permit on land title 928 General matters 929 Withholding of permits and licences that conflict with bylaws in preparation 930 Amendment and discharge of land use contracts 931 Fees related to applications and inspections Division 10 - Development Costs Recovery 932 Definitions 933 Development cost charges generally 934 Amount of development cost charges 935 Use of development cost charges 936 Acquisition and development of park land 937 Adoption procedures for development cost charge bylaw 937.1 Development works agreements with private developers Division 11 - Subdivision and Development Requirements 938 Subdivision servicing requirements 939 Excess or extended services and latecomer payments 940 Completion of works and services 941 Provision of park land 942 Provision of school sites 943 Bylaws adopted after application for subdivision submitted 944 Parcel frontage on highway 945 Highway provision and widening 946 Subdivision to provide residence for a relative Division 12 - Contaminated Sites 946.1 Assessment of site profiles 946.2 Waste Management Act requirements must be met 946.3 [Repealed] Part 27 - Heritage Conservation Division 1 - General 947 Definitions 948 Limits on the use of this Part 949 Limit on compensation 950 Bylaw and permit procedures 951 [Repealed] 952 Ombudsman review of local government decisions Division 2 - Heritage Review 953 Community heritage commissions 954 Community heritage register 955 Heritage recognition 956 Heritage inspection may be ordered 957 Entry authority for a heritage inspection 958 Impact assessment may be required 959 Local government requests for Provincial protection Division 3 - Temporary Protection 960 Withholding of approvals 961 Withholding of demolition permits until other approvals issued 962 Orders for temporary protection 963 Temporary protection by introduction of a continuing protection bylaw 964 Heritage control periods for temporary protection 965 Temporary protection Division 4 - Continuing Protection 966 Heritage revitalization agreements 967 Heritage designation protection 968 Heritage designation procedure 969 Compensation for heritage designation 970 Heritage site maintenance standards 971 Heritage conservation areas Division 5 - Heritage Alteration Permits 972 Heritage alteration permits 973 Requirements and conditions in a heritage alteration permit Division 6 - Notices under this Part 974 Giving notice to owners and occupiers 975 Posting notice on protected heritage property 976 Notice on land titles 977 Notice to minister responsible for the Heritage Conservation Act 978 Regulations regarding notices Division 7 - Remedies and Offences 979 Civil remedies in relation to heritage property 980 Notice of contravention may be filed in land title office 981 Offences and penalties Part 28 - Replotting Schemes Division 1 - Interpretation 982 Definitions 983 Application of Part Division 2 - Preparation and Initiation of Scheme 984 Preliminary definition of district 985 Information included in scheme 986 General principles of replotting 987 Reallotment of parcels 988 Municipality may acquire charges 989 Notice requirements for initiation of a scheme 990 General consent of owners to scheme 991 Consents binding on owners once given 992 Alterations to scheme may require new consents 993 Initiation of scheme by registration of resolution 994 Effect of initiation 995 Resolution to complete or discontinue scheme Division 3 - Implementation and Completion of Scheme 996 Registration of common mass 997 Effect of deposit of reference plan 998 Registration for owners of new parcels 999 Rights of ownership and charges transferred Division 4 - Complaints Regarding Compensation 1000 Allotments binding, although owners may complain regarding compensation 1001 Compensation for loss and damage 1002 Appointment of commissioner 1003 Replacement of commissioner 1004 Notice to owners who do not consent 1005 Time and place to hear complaints 1006 Hearing by commissioner 1007 Commissioner's powers and report 1008 Appeal to Supreme Court 1009 Payment of compensation Division 5 - General 1010 Removal of buildings 1011 Accounts and apportionment 1012 Former highways to be maintained 1013 Limitation of claims 1014 Disposal of municipal parcels 1015 Taxation during proceedings 1016 List of owners must be provided to municipality 1017 Land title fees 1018 Questions may be referred to Supreme Court Part 29 - Inspector of Municipalities 1019 Inspector of municipalities 1020 Official seal and documents 1021 Inquiries into local government matters 1022 Certificate of approval for money bylaws 1023 Inquiry into application for certificate 1024 Appeal from inspector's decision to withhold or refuse certificate 1025 Certificate conclusive of validity Part 30 - Administration Commissioner 1026 Definitions 1027 Appointment of administrative commissioner 1028 Substitution of commissioner 1029 Acting commissioner 1030 Powers transferred to commissioner 1031 Power of commissioner to make bylaws 1032 Powers of commissioner to borrow 1033 Levies for sinking fund 1034 Assessment rolls 1035 Limits on complaints against assessment 1036 Differences between commissioner and school board 1037 Reports to minister 1038 Election after commissioner appointed 1039 Restriction on legal proceedings 1040 Power to make regulations --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 1 - Purposes and Principles Purposes of this Act 1 Recognizing that local government is an independent, responsible and accountable order of government within its jurisdiction, the purposes of this Act are (a) to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities, (b) to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and (c) to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities. Purposes of local governments 2 The purposes of a local government include (a) providing good government for its community, (b) providing the works, services, facilities and other things that the local government considers are necessary or desirable for all or part of its community, (c) providing stewardship of the public assets of its community, and (d) fostering the current and future economic, social and environmental well- being of its community. Broad powers 3 The powers conferred on local governments by this Act are to be interpreted broadly in accordance with the purposes of this Act and the purposes of local government, subject to the specific limitations and conditions established by or under this Act. Principles for relationship between local governments and the Provincial government 4 The relationship between local governments and the Provincial government in relation to this Act is based on the following principles: (a) cooperative relations between the Provincial government and local governments are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia; (b) local governments need the powers that allow them to draw on the resources required to fulfill their responsibilities; (c) notice and consultation is needed for Provincial government actions that directly affect local government interests; (d) the Provincial government recognizes that different local governments and their communities have different needs and circumstances and so may require different approaches; (e) the independence of local government is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally. Part 1.1 - Definitions and Interpretation Definitions 5 In this Act: "approving officer" means an approving officer as defined in the Land Title Act; "assessed value" means assessed value determined under the Assessment Act; "assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act; "assessor" means an assessor appointed under the Assessment Authority Act; "board", in relation to a regional district, means the board of directors for the regional district; "building inspector" means a person to whom a local government has assigned the responsibility for administering bylaws enacted under section 694 (1) (a) [building regulation bylaws]; "business licence" means a licence under Division 1 of Part 20; "charge", in relation to an estate or interest in land, means a charge under the Land Title Act; "city" does not include the City of Vancouver; "collector" means the collector of taxes appointed under section 365 for a municipality; "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 a municipality; "counter petition" means a petition against a proposed bylaw, action or other matter of a local government; "counter petition opportunity" means an opportunity for electors to petition against a proposed bylaw, action or other matter of a local government in accordance with section 242 or 809, as applicable; "designated local government officer" means the designated municipal officer or designated regional district officer, as applicable; "designated municipal officer" means (a) the municipal officer assigned responsibility under section 196 [officer positions] in relation to the matter, or (b) if no assignment referred to in paragraph (a) has been made, the municipal officer assigned responsibility under section 198 [corporate administration]; "designated regional district officer" means (a) the regional district officer assigned responsibility under section 196 [officer positions] in relation to the matter, or (b) if no assignment referred to in paragraph (a) has been made, the regional district officer assigned responsibility under section 198 [corporate administration]; "director", in relation to a regional district, means a member of the board of the regional district, whether as a municipal director under section 784 or as an electoral area director under section 785; "district" means a township or district municipality; "elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area; "electoral area" means an electoral area in a regional district as specified by the letters patent for the regional district; "farm land" means land classified as farm land by the assessor; "first nation" means an aboriginal governing body, however organized and established by aboriginal people in their traditional territory in British Columbia; "francophone education authority" means a francophone education authority as defined in the School Act; "general local election" means the elections referred to in section 36 (1) [elections for council members and electoral area directors]; "greater board" means the corporate body, incorporated by an Act, with responsibility for the provision of water or sewage and drainage services; "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 body or person 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; "highway" includes a street, road, land, bridge, viaduct and any other way open to public use, but does not include a private right of way on private property; "improvement district" means an improvement district, including a mountain resort improvement district, incorporated under this or any other Act; "improvements" means improvements as defined in the Assessment Act; "inspector" means the inspector of municipalities under section 1019; "land" includes the surface of water but does not include (a) improvements, (b) mines or minerals belonging to the Crown, or (c) mines or minerals for which title in fee simple has been registered in the land title office, except that, for the purposes of assessment and taxation, it means land as defined in the Assessment Act; "letters patent" includes supplementary letters patent; "local court of revision" means the local court of revision under section 362 (1); "local government" means (a) the council of a municipality, and (b) the board of a regional district; "local government offices" means (a) in relation to a municipality, the municipal hall, and (b) in relation to a regional district, the offices where the regular office of the regional district officer assigned responsibility under section 198 [corporate administration] is located; "local improvement" means a work or service undertaken as a local improvement under Division 1 of Part 19; "manage", with respect to land, improvements, personal property or other property, includes conserve, use, develop, construct, improve, operate, administer and maintain, as applicable; "mountain resort improvement district" means a mountain resort improvement district incorporated under section 732; "mountain resort municipality" means a mountain resort municipality incorporated under section 11; "municipal administrative body" means a body, other than the council, that under this or another Act may exercise the powers of a municipality, and includes a municipal police board; "municipality" means a municipality incorporated under this or any other Act, but does not include the City of Vancouver, an improvement district or a regional district; "newspaper" means, in relation to a requirement or authorization for publication in a newspaper, a publication or local periodical that contains items of news and advertising; "non-resident property elector" means, in relation to a municipality or regional district electoral area, a person who at the relevant time meets the qualifications for registration as a non-resident property elector under section 51 in relation to the jurisdiction; "occupier" means a person (a) who is qualified to maintain an action for trespass, (b) who is in possession of Crown land under a homestead entry or preemption record, (c) who is in possession of (i) Crown land, or (ii) land owned by a municipality or regional district under a lease, licence, agreement for sale, accepted application to purchase, easement or other record from the Crown, municipality or regional district, or (d) who simply occupies the land; "official community plan" means a community plan adopted under section 882 or 883; "owner" in respect of real property means (a) the registered owner of an estate in fee simple, (b) the tenant for life under a registered life estate, (c) the registered holder of the last registered agreement for sale, (d) the holder or occupier of land held in the manner referred to in section 356 [taxation of Crown land used by others] or section 357 [taxation of municipal land used by others], and (e) an Indian who is an owner under the letters patent of a municipality incorporated under section 12 [incorporation of reserve residents as a village]; "parcel" means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway; "partnering agreement" means an agreement between a local government and a person or public authority under which the person or public authority agrees to (a) provide or manage a facility or work for the local government, or (b) provide a service on behalf of the local government; "population" means (a) population determined by the last preceding census taken by Canada, or (b) if a municipality has been incorporated or its area has been adjusted after that census, population determined by a certificate of the minister; "protected heritage property" means property that is (a) protected under section 13 (2) of the Heritage Conservation Act, (b) included under section 880 (3) (b) [heritage conservation areas] in a schedule to an official community plan, or (c) designated as protected under bylaws made under section 967 [heritage designation protection]; "public authority" means any of the following: (a) the government of Canada, government of British Columbia or government of another province, or an agent of any of them; (b) a local government, the City of Vancouver or the trust council, a local trust committee or the trust fund board under the Islands Trust Act; (c) a body in another province or country that provides local government services; (d) a board as defined in the School Act, a regional health board designated under the Health Authorities Act, a greater board and the trustees of an improvement district; (e) any other local government body, educational body or health care body, as those terms are defined in the Freedom of Information and Protection of Privacy Act; (f) a first nation; (g) any other body prescribed under section 6.6 (3) (a) as a public authority for the purposes of this Act; "real property" means land, with or without improvements so affixed to the land as to make them in fact and law a part of it; "regional district" means a regional district incorporated under Part 24 or under Part 24 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed by the Municipal Amendment Act, 1989; "regional growth strategy" means a regional growth strategy under Part 25; "registered", in relation to an interest in land less than the fee simple, means registered as a charge; "registered owner" means the person registered in the land title office as entitled to the fee simple; "regulating" includes authorizing, controlling, inspecting, limiting and restricting; "resident elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications for registration as a resident elector under section 50 in relation to the jurisdiction; "subdivision servicing bylaw" means a bylaw under section 938; "zoning bylaw" means a bylaw under section 903. Notes for assistance in explaining cross references 6 In this Act, if a reference to a provision of this Act or any other Act is followed by italicized words in square brackets that are or purport to be descriptive of the subject matter of the provision, the words in square brackets are not part of this Act, are included editorially for convenience of reference only and are not to be used in interpreting this Act or the provision to which the words refer. References to local government officer 6.1 Words in an enactment referring to a local government officer, by name of office or otherwise, also apply to (a) the officer's deputy, and (b) any person designated by the local government to act in the officer's place. Special rule for Mountain Time Zone 6.2 In those municipalities and regional districts in which Mountain Standard Time or Mountain Daylight Time is customarily used, section 25 (7) of the Interpretation Act [calculation of time] does not apply and instead a reference to a specified time of the day is a reference to Mountain Standard Time or Mountain Daylight Time, as applicable. Process choice for local governments 6.3 Despite any other provision of this Act, where this Act requires or authorizes a local government to provide a counter petition opportunity, the local government may instead seek the assent of electors. How notices must be published in a newspaper 6.4 (1) If notice is required by this Act to be given by publication in a newspaper, the notice must be published in accordance with this section. (2) If the same matter is subject to 2 or more requirements for publication in a newspaper, the notices required to be published may be combined as long as the requirements of all applicable sections are met. (3) The notice may be published in a newspaper that is distributed at least weekly (a) in the area affected by the subject matter of the notice, and (b) if the affected area is not within the municipality or regional district for which the notice is to be given, in that municipality or regional district. (4) The notice may be published in more than one newspaper if the notice is published in accordance with subsection (3) when the publications are considered together. (5) If publication under subsection (3) or (4) is not practicable, the notice may be given in the areas referred to in subsection (3) by alternative means as long as the notice (a) is given within the same time period as required for publication, (b) is given with the same frequency as required for publication, and (c) provides notice that, in the view of the body required to give the notice, is reasonably equivalent to that which would be provided by publication if it were practicable. (6) As an exception, subsection (5) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area. Giving notice to municipalities and regional districts 6.5 If an enactment requires or permits (a) notice to be given to a municipality or regional district, (b) a document to be served on a municipality or regional district, (c) a document to be filed with a municipality or regional district, or (d) a document to be delivered, sent, submitted or otherwise provided to a municipality or regional district, the notice, service, filing or provision is effected if the notice or document is, as applicable, given, served on, filed with or provided to the local government officer assigned responsibility under section 198 [corporate administration]. Power to make regulations 6.6 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act [powers to make regulations]. (2) A regulation under this section may be made to apply to one, some or all municipalities, regional districts or other bodies governed by this Act, any combination of them, or any part or parts of them. (3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows: (a) prescribing a body as a public authority for the purposes of this Act; (b) establishing an oath of office for local government officers for the purposes of section 201 [oath of office for officers]; (c) respecting any other matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act. Interim regulations 6.7 (1) Without limiting section 6.6, the Lieutenant Governor in Council may make regulations as follows: (a) respecting any matter that the Lieutenant Governor in Council considers is not provided for or is not sufficiently provided for in this Act or in an Act amending this Act; (b) to make provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation the amendments made to this Act and to prevent any transitional difficulties encountered in doing so; (c) to resolve any errors, inconsistencies or ambiguities in this Act resulting from an amendment to this Act. (2) A regulation under subsection (1) may be made to apply to one, some, or all municipalities, regional districts or other bodies governed by this Act, any combination of them, or any part or parts of them. (3) A regulation under subsection (1) may be made retroactive to a date not earlier than the date this section comes into force. (4) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails. (5) A regulation under subsection (1) ceases to have effect after the last day of the next session of the Legislative Assembly after the regulation is made. (6) This section is repealed 3 years after the date on which it comes into force. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 2 - Incorporation of Municipalities Incorporation of a new municipality 7 (1) On the recommendation of the minister under subsection (2), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a new municipality. (2) The minister may recommend incorporation of a new municipality to the Lieutenant Governor in Council if, (a) in the case of an area for which a vote was taken under section 8 (3) (a), more than 50% of the votes counted as valid favour the proposed incorporation, or (b) in the case of an area for which a vote was taken under section 8 (3) (b), (i) more than 50% of the votes counted as valid favour a change in local government, and (ii) more than 50% of the votes counted as valid favour the proposed incorporation if a change in local government were made. (3) If an existing municipality or improvement district is located inside a new municipality incorporated under subsection (1), the Lieutenant Governor in Council must dissolve the existing municipality or improvement district by repealing its letters patent. Vote required for the incorporation of a new municipality 8 (1) The minister must not recommend the incorporation of a new municipality to the Lieutenant Governor in Council unless a vote of the persons proposed to be incorporated has been taken under this section. (2) In any of the following circumstances, the minister may direct that a vote be taken of persons in an area specified by the minister respecting the proposed incorporation of those persons into a new municipality: (a) on the request of the council of a municipality all or part of which is in the area; (b) on the request of the board of trustees of an improvement district all or part of which is in the area; (c) on the request of 2 or more residents of any part of the area that is not in a municipality; (d) on the minister's own initiative, if the minister is of the opinion that those persons should, in the public interest, (i) be incorporated into a new municipality, or (ii) either be incorporated into a new municipality or be included in an existing municipality. (3) A vote under this section must determine the opinion of the eligible voters (a) as to whether they favour the proposed new incorporation, or (b) as to (i) whether they favour a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality, and (ii) if a change in local government were made, whether they would favour the proposed new incorporation or inclusion in a specified existing municipality. (4) A vote under subsection (3) (b) must be by 2 questions as follows: (a) the first question must ask whether the voter favours a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality; (b) the second question must ask whether the voter favours, if a change in local government were made, the proposed new incorporation or inclusion in the specified existing municipality. (5) As an exception to the requirement that the question to be voted on be in a form that a voter may indicate assent or dissent, a question under subsection (4) (b) must be in a form that a voter may indicate a preference. (6) As a limit on the authority of the minister under this section, a vote under this section must not be held in a local community under section 838 until 5 years after the later of the following: (a) the date that the local community was established; (b) the date that the latest vote under this section was taken in the local community. Procedure and costs for vote on incorporation 9 (1) Part 4 applies to a vote under this Part so far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with in that Part. (2) The costs of a vote under this Part must be paid as follows: (a) if a new municipality is incorporated under section 7 following the vote, the costs of the vote are to be paid by the new municipality; (b) if a new municipality is not incorporated and the vote was requested under section 8 (2) (a) by an existing municipality, the costs of the vote are to be paid by that municipality; (c) in other cases, the costs of the vote are to be paid by the Minister of Finance and Corporate Relations out of the consolidated revenue fund. Incorporation of municipality in conjunction with resource development 10 (1) The Lieutenant Governor in Council may, by letters patent, incorporate the residents of a rural area into a municipality without holding a vote under this Part if the Lieutenant Governor in Council is of the opinion that it is in the public interest to establish the municipality in conjunction with the development of a natural resource. (2) Letters patent under this section may (a) include exceptions from statutory provisions, (b) specify the effective period or time for an exception, and (c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period. (3) For a municipality incorporated under this section, on the recommendation of the minister, the Lieutenant Governor in Council may, by supplementary letters patent, provide for further exceptions and conditions. (4) Until the first council is elected or 5 years from the date of incorporation, whichever is later, section 259 applies to a municipality incorporated under this section as if the municipality were a village. (5) The council of a municipality incorporated under this section may provide housing for employees of the municipality and may incur liabilities for it, subject to the limit that an obligation incurred for this purpose must not have a term of more than 5 years. (6) If a municipality is or has been established under this section, the Surveyor General must, (a) as soon as practicable, establish sufficient coordinate control monuments to enable the area, or a portion of it, to be constituted an integrated survey area under the Land Survey Act, and (b) on completion of the required survey, constitute the area or portion as an integrated survey area under the Land Survey Act. (7) After the survey required by subsection (6), the municipality is responsible for the protection and maintenance of the coordinate control monuments. Incorporation of a mountain resort municipality 11 (1) If a vote under section 8 is in favour of incorporation, the minister may recommend to the Lieutenant Governor in Council incorporation of a municipality as a mountain resort municipality. (2) Despite section 8, in the case of an area that is a mountain resort improvement district, the minister may recommend incorporation of a new mountain resort municipality to the Lieutenant Governor in Council, in accordance with the letters patent of the improvement district. (3) On the recommendation of the minister under subsection (1) or (2), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a mountain resort municipality. (4) If an existing improvement district is located in a municipality incorporated under subsection (3), the Lieutenant Governor in Council must dissolve the existing improvement district by repealing its letters patent. (5) Section 17 applies with respect to the incorporation of a mountain resort municipality under this section. Incorporation of island municipality in Islands Trust area 11.1 (1) As an exception to section 17 (1), if the area for a new municipality is entirely within the trust area under the Islands Trust Act, the municipality must be incorporated as an island municipality under the name of the "Island Municipality of ...... " or the "...... Island Municipality". (2) An island municipality has all the powers and duties of a district municipality, and is subject to all the requirements and limitations of a district municipality, as these are established by or under this or any other Act. Incorporation of reserve residents as village 12 (1) On the recommendation of the minister, in order to implement an agreement between the Lieutenant Governor in Council and a band council with the approval of the Governor in Council, the Lieutenant Governor in Council may, by letters patent, incorporate as a village the residents of an area of land inside a reserve as defined in the Indian Act (Canada). (2) The Lieutenant Governor in Council must not issue letters patent under this section until (a) the agreement of the Governor in Council and the band council is obtained, and (b) the question of incorporation has been submitted to those members of the Indian band who are entitled to vote at the election of the band council and more than 50% of those entitled to vote have voted and of those voting more than 60% have voted in the affirmative. (3) Letters patent under this section may (a) include exceptions from statutory provisions, (b) specify the effective period or time for an exception, and (c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period. (4) The letters patent or agreement referred to in subsection (1) may exempt the municipality or owners or residents from a provision of this or another Act and may include a provision considered desirable whether or not it is consistent with any Act. (5) Despite subsection (4), an owner, as provided in the letters patent under that subsection, who complies with the requirements under the Home Purchase Assistance Act, is entitled to a grant, but not to a loan, under that Act. What must and may be included in letters patent 13 (1) Letters patent incorporating a municipality must specify the municipality's name, boundaries, area and class. (2) Letters patent incorporating a municipality may do one or more of the following: (a) set the general voting day for the first election or authorize another person to do this; (b) appoint the chief election officer for the first election or authorize another person or body to do this; (c) set the terms of office for first council members, if these are to be different from the terms otherwise established by this Act; (d) provide that the day, time and place of the council's first meeting is to be set by the chief election officer for the first election; (e) set the sum of money which may be borrowed for the municipality's current expenditure in its first year and, if considered expedient, for the next year; (f) set dates which may be observed initially, and once only, in place of statutory dates; (g) provide for the transfer to the municipality of any asset, right, claim, obligation or liability of a municipality dissolved on the incorporation of the new municipality; (h) provide that the bylaws of a municipality dissolved on the incorporation of the new municipality continue in force in the area that is inside the boundaries of the dissolved municipality until amended or repealed by the council of the new municipality; (i) provide that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the municipality, the land and improvements are deemed, for a specified period before or following incorporation, or both, to be included in or excluded from the municipality; (j) deal with other matters and conditions, including the appointment of an interim council, considered necessary or advisable by the Lieutenant Governor in Council. (3) In addition to the matters referred to in subsections (1) and (2), letters patent incorporating a mountain resort municipality may do one or more of the following: (a) provide that sections 449 (1) to (8), 458 and 646 (6) do not apply, but that the inspector may direct that the assent of the electors be obtained or that the electors be provided with a counter petition opportunity in relation to the proposed bylaw; (b) provide that other works and services may be the subject of a charge under section 933 (1) and (2) in addition to the facilities and land referred to in that section; (c) provide that an official community plan for the municipality may include objectives and guidelines in addition to those set out in section 879 (1) (e) and that section 920 (9) does not apply with respect to that plan. (3.1) In addition to the matters referred to in subsections (1) and (2), the letters patent incorporating an island municipality may do one or more of the following: (a) vary the term of office for a municipal trustee on the trust council from that established by section 7 of the Islands Trust Act; (b) establish the process that the council of an island municipality must follow in selecting and appointing municipal trustees to the trust council under section 7 of the Islands Trust Act; (c) establish the process that the council of an island municipality must follow in submitting bylaws for approval under section 38 of the Islands Trust Act; (d) provide for the transfer to the island municipality of any asset, right, claim, obligation or liability of the local trust committee or trust council in relation to the area being incorporated as the new municipality. (4) Any of the provisions referred to in subsection (3) may, by supplementary letters patent, be made applicable to a mountain resort area in an existing municipality if (a) the council of the municipality has requested the inclusion of the provision, and (b) the municipality has obtained the assent of the electors to the inclusion of the provision in the letters patent. (5) When issuing letters patent, the Lieutenant Governor in Council may vary the boundaries of the municipality or proposed municipality from those set out in the request, or from those designated by the minister, to make them regular or conform with the boundaries of neighbouring municipalities, or to exclude or include an area. (6) Letters patent incorporating a district, or supplementary letters patent extending a city or district, may define an area in the municipality and designate the work and service deemed to be of special benefit to that area. (7) If letters patent include a provision under subsection (6), Division 2 of Part 19 applies as if the area had been established as a specified area under section 646. (8) Letters patent may provide that tax revenue from designated real property must be shared by the municipality with another municipality on the basis set out. Exceptions for industrial plants 14 (1) If the minister believes that an industrial plant in an existing or proposed municipality does or will not, because of size or location, receive benefit from a work or service, the letters patent may describe the land where the plant is located and the work or service. (2) If letters patent include a provision under subsection (1), (a) from the date specified, the full cost of the work or service is to be charged against the remaining area of the municipality as if it were a specified area under Division 2 of Part 19, and (b) the owner of the plant must provide the work or service, if required for the owner's use, at the owner's own expense. (3) If subsections (1) and (2) apply to a municipality, the letters patent may provide for a reduction in the maximum rate permitted under this Act for any municipal tax. (4) A provision made in letters patent under subsections (1) or (3) may be limited to a period of time. (5) In the case of an industrial plant referred to in subsection (1), the letters patent may provide that no bylaw or other regulation of the council operates to restrict the construction, maintenance or operation of the industrial plant on the land described. Publication of letters patent 15 (1) On the issue of letters patent under this Act by the Lieutenant Governor in Council, (a) the minister must publish a notice in the Gazette in the form prescribed under subsection (2), and (b) the municipal council, regional district board or improvement district trustees, as applicable, must publish in a newspaper (i) a copy of the letters patent, or (ii) a synopsis that states where the letters patent may be examined and, if a boundary description is set out in the synopsis, where a map of the boundary description may be viewed. (2) The Lieutenant Governor in Council may make regulations prescribing the form of notice under subsection (1) (a). Section Repealed 16 [Repealed 1998-34-5.] Classification of municipalities 17 (1) A municipality must be incorporated as follows: (a) as a village, if the population is not greater than 2 500; (b) as a town, if the population is greater than 2 500 but not greater than 5 000; (c) as a city, if the population is greater than 5 000; (d) despite paragraphs (a) to (c), as a district if the area to be incorporated is greater than 800 hectares and has an average population density of less than 5 persons per hectare. (2) For the purpose of calculating the average population density, land continually covered by water must not be taken into account. (3) Despite subsection (1), if the Lieutenant Governor in Council considers it to be in the public interest to do so, a municipality may be incorporated in another classification provided for in this Act. Change of municipal classification 18 (1) On request of the council, the Lieutenant Governor in Council may repeal the letters patent of a municipality and issue others in their place reincorporating the municipality as a city, town, district or village in accordance with section 17 (1) [classification of municipalities]. (2) A council may make a request under subsection (1) only after it has provided a counter petition opportunity in relation to the proposed change in classification. (3) Letters patent reincorporating a municipality may include directions on any of the matters referred to in section 13 [what must and may be included in letters patent] and section 14 [exceptions for industrial plants] and on any other matters the Lieutenant Governor in Council considers appropriate. (4) If the minister is satisfied that, since the last census, the population of a municipality has changed sufficiently to allow a change of classification, the minister may determine what the population of the municipality is deemed to be for the purposes of determining its classification for reincorporation. Size of council 19 If it appears that letters patent provide for a greater or smaller number of council members than is in accordance with the law for the time being in force, the Lieutenant Governor in Council may issue supplementary letters patent to correct the number. Extension of boundaries 20 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by supplementary letters patent, extend the area of a municipality to include land not in a municipality. (2) The Lieutenant Governor in Council may specify in the supplementary letters patent that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the extended municipality, the land and improvements included by the extension are deemed, for a specified period before or after the extension, or both, to be included in or excluded from the municipality. (3) Before making a recommendation referred to in subsection (1), the minister must (a) notify the council of the proposed recommendation, or (b) have received from the council a request for the extension. (4) In either case referred to in subsection (3), the council must give public notice of the extension in at least 2 consecutive issues of a newspaper and once in the Gazette. (5) A council (a) may submit the question of the proposed extension to the electors of the municipality for assent, and (b) must submit the question of the proposed extension to the electors of the municipality for assent if at least 10% of those electors request this within 30 days of the last publication of the notice under subsection (4). (6) The minister may direct that a vote on the question of including an area in a municipality under this section be taken in that area in the form specified by the minister and, for these purposes, section 9 applies. Redefinition of boundaries 21 (1) The Lieutenant Governor in Council may, by supplementary letters patent, redefine or alter the boundaries of a municipality if it appears to the satisfaction of the Lieutenant Governor in Council that any of the following circumstances apply: (a) the boundaries are uncertain; (b) the boundaries do not follow legal property boundaries; (c) the boundaries do not conform to those of an adjacent municipality; (d) the whole or part of a highway on or adjacent to the boundary should be included or excluded; (e) the whole or part of adjoining foreshore and any area below low water mark should be included or excluded; (f) the whole or part of the adjoining foreshore along a river, stream or lake, or the foreshore and land covered by water, should be included or excluded; (g) land adjacent to and owned by the municipality should be included. (2) Before exercising the powers of subsection (1), the Lieutenant Governor in Council may direct that a notice of intention to redefine or alter the boundaries of a municipality be given at municipal expense once in the Gazette and once in a newspaper. Collection of taxes 22 (1) If land is included in a municipality under section 13 (5), 20 or 21, all unpaid taxes previously imposed by the Provincial government or by another municipality on that land are taxes of the municipality in which the land is included, and that municipality may exercise all remedies under this Act for the collection of those taxes. (2) The municipality in which the land referred to in subsection (1) is included, (a) for unpaid taxes previously imposed by the Provincial government, must pay the amount of those taxes to the Surveyor of Taxes by January 1 in the year following the year in which the land is included in the municipality, and (b) for unpaid taxes previously imposed by another municipality, (i) may pay the amount of those taxes to the other municipality before they are collected, or (ii) if the amount of those taxes is not paid under subparagraph (i), must pay that amount to the other municipality as they are collected. (3) If land shown on the records of a land title office as a single parcel of land lies partly inside and partly outside a municipality and is, under section 13 (5), 20 or 21, wholly included in a municipality, the taxes then unpaid on any part of the land are a charge as unpaid taxes on the whole land. Transfer of Provincial tax money if rural land included in municipality 23 (1) If land subject to assessment and taxation under the Taxation (Rural Area) Act is included in a municipality, either by incorporation of the municipality or by the extension or redefinition of its boundaries, the Minister of Finance and Corporate Relations may pay from the consolidated revenue fund to the municipality an amount equal to (a) the current year's taxes levied under Part 2 of the Taxation (Rural Area) Act, if the date of the letters patent defining or redefining the municipal boundaries is effective before July 1, or (b) one half of that amount, if that date is after June 30 in any year. (2) The amount may include taxes levied on the land and improvements under any Act and due to the Provincial government. (3) The taxes when collected by the municipality are municipal revenue. (4) An amount to be paid under this section must be paid in January following the year in which the taxes are levied or at another time considered appropriate by the Minister of Finance and Corporate Relations. Bylaws extend to additional area 24 (1) The bylaws and resolutions of the municipality to which an addition is made extend to the additional area, and continue in force until altered or repealed by the council. (2) Despite subsection (1) but subject to section 782 (4.1), if a municipality is incorporated or the area of a municipality is extended, a provision of a bylaw adopted by a regional district or a local trust committee under the Islands Trust Act that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council. Phased farm property tax exemption 25 For a newly incorporated municipality or an area newly included in a municipality, real property that before the incorporation is exempt from taxation because of section 15 (1) (f) of the Taxation (Rural Area) Act but after the incorporation is not exempt from taxation under this Act is exempted from taxation as follows: (a) in the first year after incorporation, to the extent of 100% of the exemption that would have applied to the property had the incorporation not taken place; (b) in the second year after incorporation, to the extent of 80% of the exemption that would have applied to the property had the incorporation not taken place; (c) in the third year after incorporation, to the extent of 60% of the exemption that would have applied to the property had the incorporation not taken place; (d) in the fourth year after incorporation, to the extent of 40% of the exemption that would have applied to the property had the incorporation not taken place; (e) in the fifth year after incorporation, to the extent of 20% of the exemption that would have applied to the property had the incorporation not taken place. Reduction of municipal area 26 (1) On the request of the council made in accordance with this section, the Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a municipality. (2) Before making a request for reduction, a council must (a) give public notice of its proposed request in at least 2 consecutive issues of a newspaper and once in the Gazette, (b) obtain the consent in writing of at least 60% of the electors of the area proposed to be excluded, and (c) receive the assent of the electors, unless this requirement is waived under subsection (4). (3) A request for reduction must include the following: (a) a description of the area proposed to be excluded; (b) a description of the municipality's new boundaries; (c) a reasonable estimate of the number of electors in the area to be excluded; (d) a statement indicating that the required public notice has been given and an affidavit of the designated municipal officer attesting to that publication; (e) the name, address, signature of consent and date of signature of at least 60% of the electors of the area proposed to be excluded; (f) an affidavit of the designated municipal officer attesting to the number of electors entitled to sign under paragraph (e); (g) an affidavit of one or more persons attesting to the authenticity of the electors' signatures under paragraph (e); (h) the result of the vote required by subsection (2) (c), unless this requirement is waived under subsection (4); (i) the assessed value for municipal purposes of the taxable land and improvements in the proposed reduced municipality; (j) evidence satisfactory to the Lieutenant Governor in Council that all creditors of the municipality consent to the proposed reduction or that provision has been made to discharge the debt owing to the creditors whose consent is not obtained; (k) a statement under oath by the mayor, jointly with the municipal officers assigned responsibilities under section 198 [corporate administration] and section 199 [financial administration], showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require; (l) other matters that the Lieutenant Governor in Council may prescribe by regulation. (4) The minister may waive the requirements of subsections (2) (c) and (3) (h). (5) The Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a municipality without a request from the council if the area excluded is included in a municipality incorporated under section 12. (6) When an area is excluded from a municipality under this section, the excluded area becomes a rural area. Redefinition of adjoining municipalities 27 (1) After receiving a request from the council of each of 2 adjoining municipalities, the Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of one municipality and extend the area of the other by the area withdrawn. (2) Section 20 applies to the municipality whose area is extended and section 26 applies to the municipality whose area is reduced. Conditions on extension or reduction 28 If the area of a municipality is extended or reduced, the Lieutenant Governor in Council may, by the letters patent extending or reducing the area, impose on the municipality conditions that may be considered proper. Disincorporation of a municipality 29 (1) On receiving a request signed by a majority of the electors of the municipality, the Lieutenant Governor in Council may, by order published in the Gazette, set aside the letters patent incorporating the municipality and disincorporate the municipality. (2) A municipality must not be disincorporated until the Lieutenant Governor in Council is satisfied that payment and discharge of all debts and obligations of the municipality is provided for. (3) On disincorporation of a municipality, all its property vests in the Provincial government, and all taxes imposed by the municipality remaining unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition. (4) In the case of a municipality that is disincorporated at a date before taxes are imposed for the calendar year in which the disincorporation takes effect, all property inside the boundaries of the disincorporated municipality is liable to assessment, taxation, levy and collection of taxes for all purposes in that year under the Taxation (Rural Area) Act and the School Act, as if the property were liable to assessment in the preceding year. Dissolution of improvement district 30 The Lieutenant Governor in Council may (a) dissolve an improvement district wholly or partly in a municipality, (b) transfer to the municipality any or all of the assets, rights, claims and obligations of the district on conditions that may be considered advisable, and (c) specify that the bylaws of the improvement district continue in force in the part of the improvement district that is inside the municipality until amended or repealed by the council. Rights and liabilities not affected by surrender or revocation of letters patent 31 If letters patent are surrendered or revoked and others issued under this Act, (a) the surrender, revocation or issue does not bar or discharge a right, claim or demand of or against the municipality, or a pending action or proceeding, and the municipality remains as liable and has the same rights and interest as if the letters patent surrendered or revoked were valid and not surrendered or revoked, (b) the municipality is deemed to have been a corporation from the date of the letters patent originally incorporating it, and (c) a registration in a land title office in the name of the municipality is a registration in the name of the municipality under the new letters patent or supplementary letters patent. Existing licences preserved 32 (1) A Provincial or municipal licence that (a) was issued in any locality that has been (i) incorporated as a municipality or disincorporated, (ii) added to or severed from an existing municipality, or (iii) united with another municipality in a new municipality, and (b) was in force immediately before the change is valid until its expiration, subject to the provisions of any Act or a bylaw or regulation of the municipality affected. (2) On expiration, the reissue or renewal of a licence is governed by the statutory provisions or the appropriate municipal bylaw and regulation. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 3 - Electors and Elections Division 1 - Interpretation Definitions 33 In this Part: "additional advance voting opportunity" means a voting opportunity under section 98; "additional general voting opportunity" means a voting opportunity under section 96; "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 81; "chief election officer" means the election official appointed under section 41 (1); "election" means an election for the number of persons required to fill a local government office; "election official" means a person appointed under section 41; "election proceedings" means nomination, voting or counting proceedings under this Part; "elector organization" means an organization that endorses a candidate under section 79; "financial agent" means a financial agent under section 85 of a candidate or elector organization within the meaning of Division 8 of this Part; "general voting" means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 47; "general voting day" means the day referred to in section 36 (2) or set under section 37 (5), 38 (1) or (3) or 142 (5); "judicial recount" means a judicial recount under Division 14 of this Part; "jurisdiction" means, in relation to an election, the municipality or regional district electoral area for which the election is held; "neighbourhood constituency" means a neighbourhood constituency established under section 36.1; "nomination documents" means the documents required by section 72 (1) and (2); "nomination period" means the period referred to in section 69 or, if applicable, as extended by an adjournment under section 47; "presiding election official" means, in relation to election proceedings, the chief election officer or the election official appointed under section 41 (3) (a) to act as presiding election official for those proceedings; "required advance voting opportunity" means a voting opportunity under section 97; "required general voting opportunity" means a voting opportunity on general voting day at a voting place under section 95; "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 45; "special voting opportunity" means a voting opportunity under section 99; "voting compartment" means an area described in section 113 (3); "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 94 for some or all electors of a jurisdiction to vote in an election for the jurisdiction; "voting place" means a place where voting proceedings at general voting or an advance voting opportunity are conducted. Time not extended for voting days 34 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. This Act prevails in relation to use of information 35 To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts 3 and 4 of this Act apply despite that Act. Division 2 - Arrangements for Elections General local elections every 3 years 36 (1) Elections for the mayor and all councillors of each municipality and elections for the electoral area directors of each regional district, to be known collectively as a general local election, must be held in the year 1993 and in every third year after that. (2) General voting day for a general local election must be the third Saturday of November in the year of the election. Municipal elections at large unless on a neighbourhood constituency basis 36.1 (1) Unless a bylaw under subsection (2) applies, every council member must be elected from the municipality at large. (2) A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis. (3) A bylaw under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis. (4) The authority under subsection (2) applies despite the letters patent of the municipality, but a bylaw under that subsection 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 of the neighbourhood constituency are (i) resident electors of the municipality who meet the qualifications of section 50 in relation to the area of the neighbourhood constituency, and (ii) non-resident property electors of the municipality who meet the qualifications of section 51 in relation to the area of the neighbourhood constituency, and (b) except as permitted at an additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency. (6) The notice of election under section 77 for an election on the basis of a neighbourhood constituency must include the following additional information: (a) the boundaries of the neighbourhood constituency; (b) the voting place 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 council member to represent the neighbourhood constituency. By-elections 37 (1) Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in an elected local government office 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 office is declared vacant on an application under section 143, or a candidate affected by the application renounces claim to the office under subsection (9) of that section; (c) the office becomes vacant under section 211 [disqualification for failure to take oath]; (d) the person holding the office resigns under section 212 [resignation from office]; (e) the office is declared vacant on an application under section 213 [application to court for disqualification]; (f) the office becomes vacant by a resolution under section 214 [resolution declaring disqualification] or is declared vacant on an application under subsection (4) of that section. (2) As an exception to subsection (1) in relation to a vacancy on any local government, the local government 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 an exception to subsection (1) in relation to a vacancy on a municipal council, 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 under this section is to be held, the local government 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 a local government is reduced to less than a quorum, the minister may either (a) order that the remaining members of the local government 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 209 (1) (b) or (2) (b) [term of office]. Minister's order for election to be conducted 38 (1) If an election is not held or a vacant office is not otherwise filled as required by or under this Act, the minister 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 designated local government officer to arrange for the election to be conducted. (2) If considered necessary in relation to an election under subsection (1), the minister may make orders to provide for the conduct of the election and for the governing of the municipality or regional district until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or bylaws under this Act. (3) The general voting day for an election under this section must be on a Saturday set by the minister or by the chief election officer in accordance with the directions of the minister. Election bylaws 39 (1) Unless otherwise provided, in order for a bylaw under this Part or under section 543 to apply in relation to a general local election, the bylaw 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 bylaw referred to in subsection (1) to apply in relation to an election under section 37, the bylaw must be adopted at least 6 weeks before the first day of the nomination period for the election. Costs of elections 40 (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the municipality or regional district for which the election is held unless otherwise agreed. (2) The costs of an election may be shared under an agreement between the local government and another local government, the council of the City of Vancouver or a board of school trustees for the conduct of the election by one party for the other or in conjunction with an election of the other. (3) A local government that is a party to an agreement under subsection (2) may, by bylaw, provide that the bylaws 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 bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the jurisdiction for which an election is held. (6) Without limiting subsection (4), an agreement referred to in that subsection may allow a local government 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 jurisdiction for which the election is held. (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 jurisdiction, an advance voting opportunity must be open to all electors of the jurisdiction on the same day. (8) So long as any required advance voting opportunities are provided, no bylaw 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 appropriate, including in the notice the date, place and voting hours for the voting opportunity. Appointment of election officials 41 (1) For the purposes of conducting an election, the local government must appoint a chief election officer and a deputy chief election officer. (2) The chief election officer must appoint election officials required for the administration and conduct of the election. (3) Without limiting the generality of subsection (2), the chief election officer must appoint the following: (a) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official; (b) election officials to act as alternate presiding election officials for election proceedings; (c) election officials required to assist the presiding election official at election proceedings. (4) The chief election officer may delegate the authority under subsection (3) (c) 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, (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 113, and (d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official. Chief election officer duties and powers 42 (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 bylaws 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 responsible; (b) take solemn declarations where these are required by this Part; (c) as an exception to the restrictions on where an elector may vote when municipal voting divisions are established, authorize an election official to vote at the voting place at which the official is working; (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 for an order under section 155. Presiding election official duties and powers 43 (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 bylaws under it are being complied with, and (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 required by this Part in relation to the election proceedings for which the presiding election official is responsible, and (b) if section 153 (4) (c) or (d) is being contravened, enter on the property 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. Division 3 - Election Proceedings Generally Public notices 44 (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. (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 requirements of all applicable sections are met. Solemn declarations 45 (1) If 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 156 applies, the declaration must be made in a form prescribed by the regulation. Keeping order at election proceedings 46 (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. (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 bylaw 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 bylaw 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. Adjournment of election proceedings 47 (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. (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. Exceptional assistance in election proceedings 48 (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. Division 4 - Electors Who may vote at an election 49 (1) In order to vote at an election for a jurisdiction, a person (a) must meet the requirements of section 50 (1) (a) to (e) or 51 (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 jurisdiction. (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 of this Part as it applies to elections or voting on any other matter under this or any other Act, or (ii) under Division 17 of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that or any other Act; (d) a person who has contravened section 151 (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. Resident electors 50 (1) In order to be registered as a resident elector of a jurisdiction, 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 for the jurisdiction, 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 52, for at least 6 months immediately before that day; (d) the person must have been a resident of the jurisdiction, as determined in accordance with section 52, 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 a municipality is incorporated or the boundaries of a jurisdiction 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 52, of the area that becomes the municipality or is included in the jurisdiction. Non-resident property electors 51 (1) In order to be registered as a non-resident property elector of a jurisdiction, 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 jurisdiction; (b) the person must be an individual who is, or who will be on the general voting day for the jurisdiction, age 18 or older; (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 52, for at least 6 months immediately before that day; (e) the person must have been a registered owner of real property in the jurisdiction 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 a jurisdiction. (3) If a municipality is incorporated or the boundaries of a jurisdiction 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 becomes the municipality or is included in the jurisdiction. (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 municipality or regional district. (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 insubsection (6) falls below a majority of the registered owners, with this effective (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. Rules for determining residence 52 (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. When a person may register as an elector 53 (1) A person may register as an elector (a) at the time of voting in accordance with section 57, or (b) by advance registration in accordance with section 56, if this is available. (2) If a bylaw under section 59 is in effect for a jurisdiction, a person entitled to register as a resident elector of the jurisdiction 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 bylaw, the register of resident electors for the jurisdiction. Voting day registration only 54 (1) A local government may, by bylaw, limit registration of electors to registration at the time of voting. (2) A bylaw under subsection (1) for a municipality with a population greater than 5 000 must be approved by the minister. Application for registration 55 (1) An application for registration as an elector must include the following information: (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 the last 6 digits of the 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 last 6 digits of the social insurance number of the applicant; (c) a declaration that the applicant meets the requirements of section 49 (1) (a) and (b) to be registered as an elector; (d) any other information required by regulation under section 156 to be included. (2) An application must (a) be signed by the applicant and by a witness to the signature of the applicant, and (b) include the residential address of the witness, if this is not a person authorized by the chief election officer or by the designated local government officer. (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 52 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the jurisdiction. (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 51 (6). How to register in advance 56 (1) If advance registration is available for a jurisdiction 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 55 (a) at the local government offices during its regular office hours, (b) at a special registration opportunity under subsection (6), or (c) at other times and places authorized by the designated local government officer. (2) If a bylaw under section 54 does not apply, 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 59 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 142. (5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the designated local government officer must give public notice of the close of advance registration in accordance with section 44. (6) For the purpose of encouraging persons to register as electors, (a) a local government may direct the designated local government officer to arrange an enumeration of the municipality or regional district, and (b) that officer may arrange other special opportunities for persons to apply to register as electors. (7) The designated local government officer must ensure that application forms are available from the local government offices during its regular office hours at any time when advance registration as an elector is permitted. How to register at the time of voting 57 (1) A person may register as an elector immediately before voting by (a) either (i) delivering an application form in accordance with section 55 to the election official responsible at the place where the person is voting, or (ii) 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 58 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. Non-resident property elector certificate 58 (1) In order to obtain a certificate to register as a non-resident property elector under section 57, a person must apply for the certificate at least 14 days before general voting day. (2) The application must be made at the local government offices, to (a) the designated local government officer, or (b) another local government official authorized by the designated local government officer. (3) The local government 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 51 (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 designated local government officer must maintain a record of all certificates issued under this section. (6) From the 46th day before general voting day until the close of general voting, the current record under subsection (5) must be available for public inspection at the local government offices during its regular office hours, and for these purposes section 62 (4), (5), (8) and (9) [list of registered electors -- public access] and section 63 [protection of privacy] apply to that record. Automatic registration by inclusion on Provincial list of voters 59 (1) Instead of maintaining an ongoing register of resident electors, a local government may, by bylaw, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors. (2) A bylaw under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before general voting day for any election to which the bylaw applies. (3) If a bylaw under subsection (1) applies, (a) any previous register of resident electors of the jurisdiction 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 jurisdiction is deemed to be registered as such an elector, and (c) the local government may have, but is not required to have, advance registration under section 56 for resident electors. Effect of registration 60 (1) Unless (a) a bylaw under section 54 applies, or (b) all or the applicable part of the register of electors is cancelled, a person registered as an elector continues to be an elector of the jurisdiction as long as the person meets the requirements for registration. (2) If a bylaw under section 54 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time. Register of electors 61 (1) Subject to section 59, a register of electors of a jurisdiction must be maintained if advance registration is available in the jurisdiction. (2) The designated local government officer is responsible for maintaining the register of electors. (3) The register of electors must separately record resident electors and non- resident property electors of each jurisdiction 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 55. (4) For the purposes of recording the address or addresses of a resident elector under subsection (3), the register of electors may record only the residential address of the elector as required to be included on an application under section 55. (5) For the purposes of maintaining the register of electors, the designated local government officer (a) must add to the register persons who have registered in accordance with section 56 or 57, (b) may add to the register persons who meet the requirements of section 50 (1) to be registered as resident electors of the jurisdiction, 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 50 (1) to be registered as resident electors of the jurisdiction, as evidenced by registration under section 161, (d) despite section 60 (2), for a new register established after a bylaw under section 54 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 in the jurisdiction while the bylaw was in force, (e) if all or part of a register is cancelled under subsection (8) or section 59, may add to the new register persons whose names were included in the cancelled register, (f) on evidence satisfactory to that official, 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 that official, may amend the register to show correctly the information to be included in the register. (6) A person whose name is added to the register under subsection (5) (b), (c), (d) or (e) is deemed to have registered as an elector, as recorded in the register, and section 60 (1) applies to the registration. (7) The designated local government officer may authorize a person to assist in that officer's duties under this section and may authorize the person to exercise the officer's powers under this section. (8) The local government or the minister may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register. List of registered electors 62 (1) If a register of electors is required under section 61, the designated local government officer must prepare a list of registered electors of each jurisdiction 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 be available for public inspection at the local government offices during its regular office hours. (4) Before inspecting the list of registered electors, a person other than a local government 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 designated local government officer must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election. (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 44 (a) that a copy of the list of registered electors will be available for public inspection at the local government offices 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 64 before 4 p.m. on the 36th day before general voting day. (7) The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under section 64 have been dealt with. (8) Each person who has been nominated in accordance with section 73 is entitled, for use by the person for the purposes of the election, to (a) one copy of the list of registered electors without charge, and (b) on payment to the jurisdiction of the reasonable costs of reproduction, 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. Protection of privacy 63 (1) The chief election officer may amend a list of registered electors that is to be available for public inspection, or that is to be provided under section 62 (8), 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. (2) If requested by an elector, the chief election officer must amend a list of registered electors as authorized by subsection (1) in relation to the information regarding the elector. Objection to registration of an elector 64 (1) The registration of a person whose name appears on the list of registered electors under section 62 (3) may be objected to in accordance with this section. (2) An objection must be received by the designated local government officer, or a person authorized for this purpose by that officer, 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 of the jurisdiction for which the registration is questioned. (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 of the jurisdiction. (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 designated local government officer must make a reasonable effort to notify the person against whom the objection is made of (a) the objection, (b) the name of the person who made the objection, and (c) the basis on which the objection is made. Resolving objections 65 (1) An objection under section 64 on the basis of death must be resolved by the designated local government officer in accordance with the following: (a) that official must have a search made of the records under the Vital Statistics Act; (b) if a record of death is found and that official is satisfied that it applies to the person whose registration is being objected to, that official must remove the person's name from the register of electors; (c) if a record of death is not found and that official is unable to contact the person, the official 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 designated local government officer in accordance with the following: (a) if, after receiving notice of the objection, the person provides proof satisfactory to that official 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, that official must remove the person's name from the register of electors; (c) if that official is unable to contact the person, that official must require the person who made the objection to provide proof satisfactory to that official 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. Division 5 - Qualifications for Office Who may hold elected office as a member of a local government 66 (1) A person is qualified to be nominated for office, and to be elected to and hold office, as a member of a local government 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; (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 52, 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 a local government: (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 67 as an employee of a local government, except as authorized under that section; (c) a person who is prohibited from holding elected office (i) under Division 17 of this Part as it applies to elections or voting on any other matter under this or any other Act, or (ii) under Division (17) of Part I of the Vancouver Charter 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 91 [failure to file disclosure statement], section 211 [failure to take oath], section 479 [use of money contrary to Part 12], section 506 [voting for illegal expenditure], or section 513 [permitting expenditure that lacks proper authority]; (e) a person who is disqualified under any other enactment. Disqualification of local government employees 67 (1) For the purposes of this section, "employee" means (a) an employee or salaried officer of a municipality or regional district, or (b) a person who is within a class of persons deemed by regulation under section 156 to be employees of a specified municipality or regional district, but does not include a person who is within a class of persons excepted by regulation under section 156. (2) Unless the requirements of this section are met, an employee of a municipality is disqualified from being nominated for, being elected to or holding office (a) as a member of the council of the municipality, or (b) as a member of the board of the regional district in which the municipality is located. (3) Unless the requirements of this section are met, an employee of a regional district is disqualified from being nominated for, being elected to or holding office (a) as a member of the board of the regional district, or (b) as a member of the council of a municipality, including the City of Vancouver, that is within the regional district. (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 211 [disqualification for failure to take oath], (iv) if the person is not declared elected and an application for judicial recount is not 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 210, 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 143. Only one elected office at a time in the same local government 68 (1) At any one time a person may not hold more than one elected office in the same local government. (2) At any one time a person may not be nominated for more than one elected office in the same local government. (3) A current member of a local government may not be nominated for an election under section 37 for another office in the same local government unless the person resigns from office in accordance with section 212 within 14 days after the day on which the chief election officer is appointed. Division 6 - Nominations and Declaration of Election Nomination period 69 (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. Notice of nomination 70 (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 44. (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 156. (3) The notice may include any other information the chief election officer considers appropriate. (4) The chief election officer may provide for additional notice of the call for nominations to be given to the public. Who may make nominations 71 (1) A nomination for office as a member of a local government must be made in writing in accordance with section 72 by 2 persons who are electors of the jurisdiction for which the person is nominated. (2) In the case of a nomination for an office to be filled on a neighbourhood constituency basis, a person making the nomination must also be qualified as a resident elector or non-resident property elector in relation to the area of the neighbourhood 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. Nomination documents 72 (1) A nomination for local government office must be in written form 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 79 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 66 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 66 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 person nominated requests under subsection (1) (d) that endorsement by an elector organization be shown on the ballot, (i) the solemn declaration under section 79, 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. (4) The chief election officer may require a person nominated to provide a telephone number at which the person may be contacted. Nomination by delivery of nomination documents 73 (1) In order to make a nomination, the documents required by section 72 must be received before the end of the nomination period by the chief election officer or 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 local government offices 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 in the local government offices during its regular office hours from the time of delivery. (7) Before inspecting nomination documents, a person other than a local government 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 designated local government officer must ensure that the statements referred to in subsection (7) are kept until after general voting day for the next general local election. Declaration of candidates 74 (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 third day after the end of the nomination period. (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. Challenge of nomination 75 (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 73 and 4 p.m. on the fourth day after the end of the nomination period. (3) A challenge may be made only by a person who is an elector of the jurisdiction or by another nominee and may only be made 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 71 to 73; (c) that the usual name given under section 72 (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 79 or is disqualified under section 92 from endorsing a candidate. (4) The document filed with the 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. (5) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the court to give its decision on the matter within the time limit set by subsection (7). (6) 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 court at the time set under subsection (5), 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. (7) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable, (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. (8) The 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 court. (9) The decision of the court on a challenge under this section is final and may not be appealed. Declaration of election by voting or acclamation 76 (1) At 4 p.m. on the Monday following the last day for determining a challenge under section 75, 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. Notice of election by voting 77 (1) At least 6 but not more than 30 days before general voting day for an election by voting under section 76 (2) the chief election officer must issue a notice of election in accordance with section 44. (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) if applicable, information required to be included under section 36.1 (6) regarding neighbourhood constituencies or section 103 (5) regarding municipal voting divisions. (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. Appointment if an insufficient number of candidates are elected 78 (1) If there are fewer candidates declared elected by acclamation under section 76 than there are to be elected, the local government 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 local government at which the persons elected inthe election are holding office, and (b) in other cases, within 30 days after the first meeting of the local government after the declaration of the election results. (2) If a local government fails to make an appointment required by subsection (1), or if there is no quorum of the local government able to make the appointment, the minister must appoint a person to each vacant office. (3) A person appointed under this section (a) must be qualified under section 66 to hold the office, and (b) must reside in the municipality, electoral area or neighbourhood constituency, as applicable, at the time of appointment. (4) A person appointed as a member of a local government under this section or any other provision of this Act has the same rights, duties and powers as a person elected as a member. (5) An enactment that applies to an elected member of a local government 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. Division 7 - Candidates and Representatives Ballot showing candidate endorsement by elector organization 79 (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 throughout the period referred to in paragraph (a) a membership of at least 50 electors of the municipality or regional district for which the election is being held. (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 throughout the period referred to in subparagraph (i) a membership of at least 50 electors of the municipality or regional district for which the election is being held, and (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 organization 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 156. (4) The name, abbreviation or acronym referred to in subsection (3) (d) must not (a) include any matter that is prohibited by section 105 from being included on the ballot, or (b) be, in the opinion of the chief election officer, so similar to the name, abbreviation 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, before 4 p.m. on the 29th day before general voting day, (a) the elector organization withdraws its endorsement 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) 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. Withdrawal, death or incapacity of candidate 80 (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. (3) For the purposes of subsection (2), the chief election officer must notify the minister of a request to withdraw as soon as reasonably possible after receiving it. (4) The chief election officer must notify the minister if, between the declaration of an election by voting under section 76 (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 may order (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. Appointment of candidate representatives 81 (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. Presence of candidate representatives at election proceedings 82 (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 81, (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. (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. Division 8 - Campaign Financing Definitions 83 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; "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 84; "election expense" means the value of property and services used in an election campaign by or on behalf of a candidate or by or on behalf of an elector organization, (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 79; "property" means property or the use of property, as applicable. Election campaign 84 (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; (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 in a municipality or regional district 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. Appointment of financial agent 85 (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. Restrictions on accepting contributions and incurring expenses 86 (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. (2) A person must not accept a campaign contribution that the person has reason to believe is made in contravention of this Division. Restrictions on making campaign contributions 87 (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 total, the campaign contributions 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 a regional district or municipality if, in total, 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 contribution that exceeds the limit established by subsection (1), the candidate or elector organization must give the campaign contribution to the municipality or regional district for which the election is being held for the use of that municipality or regional district in the discretion of its local government. Recording of campaign contributions and election expenses 88 (1) In respect of every campaign contribution other than one referred to in section 89 (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 89. (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. Valuation of campaign contributions and election expenses 89 (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 organization 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. Duty to file disclosure statements 90 (1) Within 120 days after general voting day for an election, the financial agent of each candidate and elector organization must file with the designated local government officer 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: (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 88 (1) (a) to (c); (c) for each anonymous campaign contribution that was given to the municipality or regional district under section 87 (2), the information referred to in section 88 (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 156. (4) For the purposes of this section, if a person makes more than one campaign contribution to a candidate or elector organization, the person is deemed to have made a single campaign contribution in an amount equal to the total value of the actual campaign contributions. (5) The disclosure statement must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 79 (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 inrelation 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. (6) 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. Failure to file disclosure statement for candidate 91 (1) A candidate in an election is disqualified from being nominated for, elected to or holding office on a local government, the council of the City of Vancouver or a 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 90 within 30 days after the applicable time limit established by that section, or (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 90 but before the disqualification date established by subsection (1), the candidate must pay to the municipality or regional district a late filing penalty of $500. Failure to file disclosure statement for elector organization 92 (1) An elector organization is disqualified from endorsing a candidate under section 79 until after the next general local election if the financial agent of the elector organization fails to file a disclosure statement under section 90 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 90 but before the disqualification date established by subsection (1), the elector organization must pay to the municipality or regional district a late filing penalty of $500 for each candidate in the election that was endorsed by the elector organization. Disclosure statements to be available for public inspection 93 (1) The disclosure statements and signed declarations under section 90 must be available for public inspection in the local government offices 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 organization, and otherwise theymay be destroyed. (3) Before inspecting a document referred to in subsection (1), a person other than a local government 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. Division 9 - Voting Opportunities Voting opportunities for electors 94 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; (c) at a special voting opportunity, if any; (d) by mail ballot, if this is available for the jurisdiction. Required general voting opportunities 95 (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) If neighbourhood constituencies or municipal voting divisions are established, the chief election officer must specify which of the voting places under subsection (1) is to be used on general voting day for each neighbourhood constituency or municipal voting division. (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, subject to the restrictions regarding where a person may vote if municipal voting divisions or neighbourhood constituencies are established. Additional general voting opportunities 96 (1) A local government may, by bylaw, (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 opportunities 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. Required advance voting opportunities 97 (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 municipality or regional district electoral area for which the election is to be held 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. (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 local government must establish by bylaw. (3) As an exception to subsection (2) in relation to a jurisdiction with a population of 5 000 or less, the local government may, by bylaw, provide that the advance voting opportunity referred to in subsection (2) (b) is not to be held for the jurisdiction. (4) Voting hours for the required advance voting opportunities must be from 8 a.m. to 8 p.m. (5) 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. (6) At least 6 but not more than 30 days before a required advance voting opportunity, the chief election officer must give notice in accordance with section 44 of the date, the location of the voting places and the voting hours for the voting opportunity. Additional advance voting opportunities 98 (1) A local government may, by bylaw, (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 opportunities 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 97 (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. Special voting opportunities 99 (1) In order to give electors who may otherwise be unable to vote an opportunity to do so, a local government may, by bylaw, establish one or more special voting opportunities under this section. (2) A bylaw 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; (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 candidates 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 jurisdiction. (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 opportunity; (b) any restrictions on who may vote at the special voting opportunity; (c) any special procedures involved. Mail ballot voting 100 (1) Subject to this section and any regulations under section 156, a local government may, by bylaw, 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) For a municipality, 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) For a regional district, the only electors who may be permitted to vote by mail ballot are (a) persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity, and (b) if areas are specified for this purpose in the bylaw under subsection (1), persons who reside in a specified area of the jurisdiction for which the election is being held that is remote from voting places at which they are entitled to vote. (4) A bylaw 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. (5) 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. (6) 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 116. (7) 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 (8) 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 local government offices 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 bylaw under subsection (1), an application for registration as an elector, to be completed if necessary and returned in the outer envelope; (f) instructions as to how to vote by mail ballot. (8) 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. (9) 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. Division 10 - Arrangements for Voting Voting places 101 (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 jurisdiction 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; (c) the chief election officer considers that the location will be more convenient for a majority of electors of the jurisdiction. (3) A voting place for an additional general voting opportunity or for an advance voting opportunity may be outside the boundaries of the jurisdiction. Use of voting machines 102 (1) A local government may, by bylaw, provide for the use of automated voting machines, voting recorders or other devices for voting in an election, subject to any requirements, limits and conditions established by regulation under section 156. (2) A bylaw under subsection (1) must include the following: (a) procedures for how to vote, to be used in place of those established by section 119; (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 of this Part. (3) In order for a bylaw under subsection (1) to be valid, it must be approved by the minister before it is adopted. (4) To the extent that there is an inconsistency between the procedures, rules and requirements established by a bylaw under subsection (1) and the procedures, rules and requirements established by or under this Part, the bylaw prevails. Municipal voting divisions 103 (1) The council of a municipality with a population of greater than 100 000 must, by bylaw, (a) establish municipal voting divisions, or (b) authorize the designated municipal officer or chief election officer to establish municipal voting divisions. (2) The council of a municipality with a population of 100 000 or less may, by bylaw, exercise the same authority as provided in subsection (1). (3) The authority under subsections (1) and (2) is subject to any requirements, limits and conditions established by regulation under section 156. (4) If municipal voting divisions are established, electors who reside in a municipal 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. (5) The notice of election under section 77 must include the following additional information if municipal voting divisions are established: (a) that municipal voting divisions will be used in the election; (b) that electors residing in a municipal 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; (c) either (i) the boundaries of each municipal 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. (6) The chief election officer may provide additional notice to electors in a municipal voting division of the voting place where they are entitled to vote. Form of ballots 104 (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. What must and must not be included on a ballot 105 (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) if applicable, 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 organization. (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. Order of names on ballot 106 (1) Unless a bylaw under section 107 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. (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, 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 105 (3). (3) The chief election officer's decision on the order of names on a ballot is final. Order of names on ballot determined by lot 107 (1) A local government may, by bylaw, 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. Ballot boxes 108 (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; (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. Division 11 - Conduct of Voting Proceedings Persons who must be present at voting places 109 (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 122. (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. Persons who may be present at voting places 110 (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 those persons; (b) persons assisting under section 48 or 121; (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 bylaw under subsection (3) permits more to be present; (e) other persons permitted to be present by the presiding election official. (3) A local government may, by bylaw, 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 bylaw. (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 46, each person present at a voting place while voting proceedings are being 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 113. Sealing of ballot boxes containing ballots 111 (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 122 or adjourned under section 47. (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 108 (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 of this Part. (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. Time for voting extended 112 (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. (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 143. (5) The presiding election official must notify the chief election officer as soon as possible of any extension of voting under this section. Division 12 - Voting Voting to be by secret ballot 113 (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. Each elector may vote only once 114 (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. Requirements before elector may be given a ballot to vote 115 (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 57; (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 116, 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 117 (2); (e) if the person requires assistance to mark the ballot, the requirements of section 121 (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. Challenge of elector 116 (1) A person's right to vote may be challenged in accordance with this section at any time during the procedures under section 115 (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 of the jurisdiction, and (b) only on the basis that the person proposing to vote (i) is not entitled to vote, or (ii) has contravened section 151 (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 of the jurisdiction, (b) is either registered as an elector of that jurisdiction 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 151, 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). If another person has already voted under an elector's name 117 (1) This section applies if an elector meets the requirements of section 115 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 116 (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 116 of the person who obtained the second ballot. Replacement of spoiled ballot 118 (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. How to vote by ballot 119 (1) After receiving a ballot, an elector must (a) proceed without delay to a 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. One person to a voting compartment 120 (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 121 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. Persons needing assistance to mark their ballots 121 (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 in 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 requirements must be met: (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 48 (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. Persons unable to enter a voting place 122 (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 115 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. (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 110. Division 13 - Counting of the Vote When and where counting is to be done 123 (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. Who may be present at counting 124 (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) Persons other than those referred to in subsections (2) and (3) and election officials taking part in the counting may not be present when counting proceedings are being conducted, unless permitted by the presiding election official. Who does the counting 125 (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 129 or objected to under section 130. Opening of ballot boxes 126 (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 127, 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. Combination of ballots for counting 127 (1) After ballot boxes are opened under section 126, 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 (b) a separate ballot account under section 131 and separate ballot packages under section 132 must be prepared for each class of ballots referred to in subsection (2). Procedures for counting 128 (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 129 (4), a mark referred to in section 129 (1) on a ballot for an election must be accepted and counted as a valid vote. (4) Counting must proceed as continuously as is practicable 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 129 in relation to an election; (b) that the rejection of the ballot was objected to under section 130; (c) that a mark on the ballot was accepted as a valid vote but the acceptance was objected to under section 130. (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. Rules for accepting votes and rejecting ballots 129 (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 119 (1) (b); (b) a tick mark that is placed in the location required by section 119 (1) (b); (c) a mark of the type required by section 119 (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 104 (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. (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 104 (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. Objections to the acceptance of a vote or the rejection of a ballot 130 (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 128 (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 135 or on a judicial recount. Ballot account 131 (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; (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 130; (g) the number of ballots rejected as invalid without objection; (h) the number of ballots rejected as invalid, subject to an objection under section 130; (i) the number of spoiled ballots that were cancelled and replaced under section 118; (j) the number of unused ballots; (k) the number of ballots added under section 127 (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 133. Packaging of ballots 132 (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; (e) 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 118; (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. (4) If ballot boxes are used as ballot packages, they must be sealed in accordance with section 111. Delivery of election materials to chief election officer 133 (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 ballot account prepared under section 131 (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 111 and must not be opened until after the declaration of the results of the election under section 136 except by the chief election officer for the purposes of section 135 (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. Preliminary election results 134 (1) The chief election officer may announce preliminary results of an election before the determination under section 135 is completed. (2) Preliminary results must be based on the ballot accounts prepared under section 131, determined by calculating the total number of valid votes for each candidate in the election as reported on the ballot accounts. Determination of official election results 135 (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. (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 objection under section 130. (6) The chief election officer may reverse a 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 the reversal. (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. Declaration of official election results 136 (1) Before 4 p.m. on the fourth day following the close of general voting, the chief election officer must declare the results of the election as determined under section 135. (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; (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. When elected candidates may take office 137 (1) A candidate declared elected under section 136 is not entitled to make the oath of office under section 210 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 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 court is satisfied that the candidate's election will not be affected by the results of the judicial recount. Division 14 - Judicial Recount Application for judicial recount 138 (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 129; (b) that a ballot account does not accurately record the number of valid votes for a candidate; (c) that the final determination under section 135 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 136 and 9 days after the close of general voting. (4) The application may only be made by (a) an elector of the jurisdiction for which the election was held, (b) a candidate in the election or a candidate representative of a candidate in the election, or (c) the chief election officer. (5) An application must be made by the chief election officer if, at the end of the determination of official election results under section 135, 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 court to complete the recount within the time limit set by section 139. (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. Judicial recount procedure 139 (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 court. (3) The chief election officer must bring to the recount all ballot accounts used for the determination of official election results under section 135 and the ballot boxes containing the ballots for which the recount is requested. (4) In conducting a recount, the court must open the ballot boxes containing the ballots for which the recount is requested, count those ballots in accordance with sections 128 and 129 and confirm or change the ballot accounts in accordance with the counting. (5) In its discretion, the 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 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, (a) if the person who made the application for the recount, the chief election officer and the candidates present at the recount agree, the court may restrict the ballots to be recounted as agreed by these persons at that time, or (b) if the 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 court may confirm the results of the election and take no further action under this section. (8) Unless otherwise directed by the 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 111 by the person having custody of them and may be additionally sealed by other persons present. Results of judicial recount and orders as to costs 140 (1) At the completion of a judicial recount, the court must declare the results of the election. (2) The results declared under subsection (1) or following a determination by lot under section 141 are final, subject only to a declaration under section 145 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 local government, the applicant and the persons notified of the application under section 138 (8), or any of them, in the proportion the court determines. (4) At the conclusion of a judicial recount, the 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 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 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. Determination of results by lot if tie vote after judicial recount 141 (1) A local government may, by bylaw, 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 142. (2) If a bylaw 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 court is to direct a person who is not a candidate or candidate representative to withdraw one paper; (e) the court is to declare elected the candidate whose name is on the paper that was drawn. Runoff election if tie vote after a judicial recount 142 (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 bylaw under section 141 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. (6) If advance registration would otherwise be permitted, the closed period under section 56 (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 62 to 65 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 102 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 opportunities equivalent to those provided for the original election must be held and, for these, no new bylaws under this Part are required. Division 15 - Declaration of Invalid Election Application to court 143 (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 136. (4) An application may be made only by a candidate in the election, the chief election officer or at least 4 electors of the jurisdiction for which the election was held. (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 bylaw under this Act; (c) that an election or the election of a candidate should be declared invalid because section 151, 152 or 153 (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. (8) As soon as possible but no later than 2 days after a petition is filed, the person making the application must serve the petition and the notice of hearing on the municipality or regional district for which the election was held. (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 151 or 152. Hearing of the application 144 (1) The Supreme Court must hear and determine an application under section 143 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 151 or 152 was contravened, the evidence regarding that claim must be given orally by witnesses rather than by affidavit. Power of the court on an application 145 (1) On the hearing of an application under section 143 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 143 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 bylaw under this Act if the court is satisfied that (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 151 or 152 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 municipality or regional district for which the election was held 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. Costs of an application 146 (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 143 must be paid promptly by the municipality or regional district for which the election was held. (2) The court may order that costs to be paid under subsection (1) may be recovered by the municipality or regional district 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. Status of an elected candidate 147 (1) A person affected by an application under section 143 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 145 (5) be repaid with interest as directed by the court. (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. Division 16 - Final Proceedings Report of election results 148 (1) Within 30 days after the declaration of official election results under section 76 for an election by acclamation or under section 136 for an election by voting, the chief election officer must submit a report of the election results to the local government. (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 143 [application to court] after the report under subsection (1) is submitted, the designated local government officer must submit to the local government a supplementary report reflecting the changed results. Publication of election results 149 (1) Within 30 days after elected candidates have taken office, the designated local government officer must submit the names of the elected officials to the Gazette for publication. (2) Within 30 days after persons appointed to local government have taken office, the designated local government officer must submit the names of the appointed officials to the Gazette for publication. Retention and destruction of election materials 150 (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 133 in the officer's custody, (b) is responsible for retaining the nomination documents under section 72, 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 133. (2) After the end of the period for conducting a judicial recount, the designated local government officer 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 136 until 30 days after that date, the following election materials must be available for public inspection at the local government offices during 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 declarations 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 local government 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 designated local government officer 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 136: (a) the nomination documents under section 72 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 143, 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. Division 17 - Election Offences Vote buying 151 (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. Intimidation 152 (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. (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. Other election offences 153 (1) In relation to nominations, a person must not do any of the following: (a) contravene section 72 (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 79 (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 114 (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 113 (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; (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 102 contrary to the applicable bylaw 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 of this Part, a person must not do any of the following: (a) accept a campaign contribution in contravention of section 86; (b) make a campaign contribution in contravention of section 87; (c) as a financial agent of a candidate or elector organization, file a false disclosure statement under section 90. (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 exercising 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. Penalties 154 (1) A person who contravenes section 151 or 152 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 153 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. Division 18 - General Powers of minister in relation to elections 155 (1) If the minister 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 bylaw 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. Regulations 156 (1) In relation to this Part, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act, 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: (a) prescribing information that must be included under section 55 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 67; (i) deeming a described class of persons to be employees of a municipality or regional district, and (ii) excepting a described class of persons as excluded from the definition of "employee", which may be different for different specified municipalities and regional districts; (c) prescribing information that must be included in the notice of nomination under section 70, which may be different for municipalities and regional districts and may be different for municipal elections at large and on the basis of a neighbourhood constituency; (d) prescribing matters that must be included in the solemn declaration under section 79 regarding elector organization endorsement of a candidate; (e) prescribing information regarding election expenses to be included in a disclosure statement under section 90 (3) (e); (f) establishing requirements, limits and conditions in relation to voting by mail ballot under section 100, which may be different for municipalities and regional districts; (g) establishing requirements, limits and conditions in relation to voting under section 102, which may be different for different specified municipalities and regional districts; (h) establishing requirements, limits and conditions in relation to municipal voting divisions under section 103, which may be different for municipalities of different population sizes; (i) prescribing one or more alternative forms in which a specified solemn declaration must be made. 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This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 4 - Other Voting Division 1 - Interpretation Definitions 157 The definitions in Part 3 apply to this Part and, in addition, in this Part: "other voting" means voting on a matter referred to in section 158; "voting area" means the area for which the other voting is to be conducted. Other voting to be conducted in same manner as an election 158 (1) This Part applies to the following: (a) voting on a bylaw or other matter for which assent of the electors is required; (b) voting on a bylaw or other matter for which the local government is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment; (c) voting on a referendum under section 245 or 802 [referendums to obtain electors' opinion]. (2) Except as otherwise provided, Part 3 applies to voting referred to in sub- section (1) as if the other voting for the voting area were an election for a jurisdiction and, for certainty, Division 17 of that Part regarding offences applies to other voting. Division 2 - Assent of the Electors How assent is obtained 159 (1) Unless otherwise provided in this Act, assent of the electors to a bylaw or other matter is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question. (2) If a bylaw that requires the assent of the electors does not receive that assent, a bylaw for the same purpose may not be submitted to the electors within a period of 6 months from the last submission except with the minister's approval. (3) A bylaw that requires the assent of the electors may be amended or repealed without the assent of the electors if the minister approves. Each bylaw to be voted on must be for a distinct purpose 160 (1) A bylaw submitted for the assent of electors must be for only one distinct purpose, although the bylaw may include purposes incidental to the main purpose. (2) If 2 or more bylaws are submitted at the same time for assent of the electors, each bylaw must be voted on as a separate question unless otherwise provided in this Act. Division 3 - Other Voting Proceedings Who may vote at other voting 161 (1) In order to vote at other voting, a person must meet both the following requirements: (a) the person must meet the qualifications of section 50 as a resident elector, or section 51 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 jurisdiction to which the person's qualifications referred to in subsection (1) (a) relate, or (b) register immediately before voting, (i) as an elector of the jurisdiction to which the person's qualifications referred to in subsection (1) (a) relate, 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 for a jurisdiction in which the other voting is to be conducted and advance registration for the jurisdiction is available under section 56 (a) the chief election officer must establish for the jurisdiction a date after which registration as an elector of the jurisdiction 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 62 (3), (6) and (7), 64 and 65 do not apply to the jurisdiction 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 44 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. General voting day for other voting 162 (1) An authority in or under this or any other Act for the Lieutenant Governor in Council, a minister or the inspector to require a bylaw 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 bylaw directed by the Lieutenant Governor in Council, a minister or the inspector to be submitted for the assent of electors, not more than 80 days after the day of the direction; (b) in the case of a bylaw requiring the approval of the Lieutenant Governor in Council, the inspector 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 bylaws, not more than 80 days after the day the bylaw receives third reading; (d) in the case of another matter, not more than 80 days after adoption of the authorizing bylaw. Arrangements for other voting 163 (1) In order for a bylaw under this Part or a bylaw referred to in section 39 to apply in relation to other voting, the bylaw must be adopted at least 6 weeks before general voting day for the other voting. (2) Unless subsection (3) or (4) applies, voting opportunities for the other voting are those established by or under Part 3 for the other voting. (3) Voting opportunities in the voting area must be the same as for an election for a jurisdiction 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 jurisdiction, and (c) the jurisdiction is responsible for conducting the other voting. (4) As an exception to section 97 (2) (b) for a voting area with a population of more than 5 000, a regional district board may, by bylaw, limit advance voting opportunities to the required advance voting opportunity under section 97 (2) (a) if all the following circumstances apply to the other voting: (a) mail ballot voting is available under section 100 (3) (b); (b) the area specified for the purposes of section 100 (3) (b) includes all of the voting area for the other voting; (c) the voting area is part but not all of an electoral area; (d) general voting day for the other voting is not the same as general voting day for an election in the jurisdiction. Notice of other voting 164 (1) In place of a notice of election under section 77, 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 other voting under this section in accordance with section 44. (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 (a) must be available for public inspection in the local government offices, during their regular office hours, of each jurisdiction in which the other voting is to be conducted, and (b) 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 95 for that day and the voting hours for those places; (e) if applicable, information required to be included under section 103 (5) regarding municipal voting divisions. (4) If the other voting is on a bylaw submitted for the assent of the electors or is authorized by a bylaw, the notice of voting must also include the following: (a) either a copy of the bylaw or, if approved by the local government, a synopsis of the bylaw in accordance with subsection (5); (b) if a synopsis of the bylaw is included, a statement that the synopsis is not an interpretation of the bylaw; (c) the dates, times and places at which the bylaw may be inspected. (5) A synopsis under subsection (4) (a) must include (a) in general terms, the intent of the bylaw, (b) the area that is the subject of the bylaw, and (c) if applicable, the amount of the borrowing authorized by the bylaw. (6) If subsection (4) applies, a full copy of the bylaw must be available for inspection by electors (a) at the local government offices, during their regular office hours, of each jurisdiction in which the other voting is to be conducted, 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. Ballots for other voting 165 (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. When counting for other voting is to be done 166 (1) As an exception to section 123, 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 136. (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 111 and are delivered to the chief election officer with the materials referred to in section 133. Special procedures if voting is conducted by more than one jurisdiction 167 (1) This section applies to other voting on a regional district bylaw or other regional district matter that is to be conducted by more than one local government. (2) The regional district board must, by bylaw, (a) establish the question to be used for all the voting, and (b) if applicable, set the date for the required advance voting day under section 97 (2) (b) for all voting areas other than a voting area referred to in section 163 (3) or (4). (3) Except for a voting area referred to in section 163 (3), the bylaws under sections 96, 98 and 99 of a local government other than the regional district board do not apply and, instead, the regional district may, by bylaw, establish voting opportunities under those sections for one or more voting areas for the other voting. (4) The regional district board must appoint (a) a regional voting officer for the other voting, and (b) a deputy regional voting officer for the other voting who, if the regional voting officer is absent or unable to act, must perform the duties and has the powers of the regional voting officer. (5) The regional voting officer has the following duties and powers: (a) to arrange for the coordination of the proceedings throughout the regional district; (b) to set the general voting day for all voting throughout the regional district; (c) to arrange for the preparation of the ballots for the voting; (d) to direct the chief election officers for the local governments regarding the form and manner of notices that are required or authorized by this Act regarding the voting; (e) to make the final determination and declaration of other voting results under sections 135 and 136 based on the results determined by the chief election officers of the local governments; (f) to appoint the scrutineers for the final determination of other voting results and any judicial recount in accordance with section 172 (4) and (5); (g) to apply to the minister for an order under section 155. (6) If there is a conflict between this section or an authority under this section and another provision of this Act or an authority under this Act, this section or the authority under it prevails. Other general matters 168 (1) Notices under this Part may be combined with notices under Part 3, as it applies to elections or to other voting, as long as the requirements of all applicable sections are met. (2) Section 149, requiring the publication of election results in the Gazette, does not apply to other voting. (3) Regulations under section 156, as it applies to other voting, may be different for different types of other voting. Division 4 - Scrutineers Scrutineers for other voting 169 (1) Scrutineers for the question in other voting and scrutineers against the question must be appointed under section 172 if applications in accordance with section 171 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 bylaw 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 3 to be present. (4) A local government may, by bylaw, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the bylaw. (5) As a limit on the authority under subsection (4), a bylaw 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. Notice of applications to volunteer as a scrutineer 170 (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 44. (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; (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 sixth day before the application period begins until the close of the application period, the notice must be available for public inspection in the local government offices, during their regular office hours, of each jurisdiction in which the other voting is being conducted. Applications to volunteer to act as scrutineer for other voting 171 (1) The chief election officer must establish a 10-day time period during which applications 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) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section. Appointment of scrutineers for other voting 172 (1) The chief election officer must (a) on the basis of the applications received in accordance with section 171, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and (b) assign scrutineers to each place at which scrutineers are entitled to be present under Part 3. (2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 169, (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 169, the following rules apply: (a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 107 (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 135 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. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 5 - Corporate Powers and Their Use Division 1 - Corporate Status and Governing Bodies Corporations created 173 Each municipality and each regional district is a corporation. Governing bodies 174 (1) The governing body of a municipality is its council and the governing body of a regional district is its board. (2) The powers, duties and functions of a municipality or regional district are to be exercised and performed by its council or board unless this or any other Act provides otherwise. (3) A local government, in exercising or performing the powers, duties and functions conferred on it by an enactment, is acting as the governing body of the municipality or regional district. (4) Despite any change in their membership, the council of a municipality and the board of a regional district are continuing bodies and may complete any proceedings started but not completed before the change. Local government jurisdiction 175 A local government may only exercise or perform its powers, duties and functions within the boundaries of the municipality or regional district unless this or another Act provides that they may also be exercised or performed outside those boundaries. Division 2 - General Corporate Powers Corporate powers of local governments 176 (1) Subject to the specific limitations and conditions established by or under this or another Act, the corporate powers of a local government include the following: (a) to make agreements respecting the local government's activities, works or services, including agreements respecting the undertaking, provision and operation of its activities, works and services; (b) to make agreements with a public authority respecting activities, works or services within the powers of a party to the agreement, including agreements respecting the undertaking, provision and operation of activities, works and services; (c) to provide assistance for the purpose of benefiting the community or any aspect of the community; (d) to acquire, hold, manage and dispose of land, improvements, personal property or other property, and any interest or right in or with respect to that property; (e) to delegate its powers, duties and functions, including those specifically established by an enactment, to its officers and employees, its committees or its members, or to other bodies established by the local government; (f) to engage in commercial, industrial and business undertakings and incorporate a corporation or acquire shares in a corporation for that purpose. (2) In exercising its powers under subsection (1), a local government may establish any terms and conditions it considers appropriate. (3) The powers of a local government under subsection (1) may be exercised outside the boundaries of the municipality or regional district. Division 3 - Agreements Disclosure of information relating to agreements 177 (1) This section applies if an agreement is proposed or made in relation to a matter that (a) requires the assent of the electors, or (b) requires the local government to provide a counter petition opportunity. (2) To the extent that they can be disclosed under the Freedom of Information and Protection of Privacy Act, the local government must make available for public inspection (a) the agreement, and (b) all records relating to the agreement that are in the custody or under the control of the local government. (3) The records referred to in subsection (2) must remain available for public inspection for at least the period (a) from the time notice of other voting is given until general voting day for other voting, or (b) from the time notice of the counter petition opportunity is given until the day on which the deadline for submitting signed counter petition forms passes. Requirements for electors' assent or counter petition opportunities 178 (1) If an agreement is proposed or made in relation to one or more matters referred to in section 177 (1), instead of seeking assent or providing a counter petition opportunity in relation to the matters, the local government may (a) seek the assent of the electors, or (b) provide a counter petition opportunity in relation to the agreement as a whole. (2) Section 177 applies to an agreement that is dealt with under subsection (1) of this section. Amendment of agreements 179 If an agreement is in relation to a matter that requires the local government to obtain the assent of the electors or provide a counter petition opportunity, the requirement also applies to an amendment to the agreement in relation to that matter. Approval for out-of-Province and out-of-country agreements with public authorities 180 (1) An agreement between a local government and a public authority in another province respecting the provision and operation of works and services has no effect unless it is approved by the minister. (2) An agreement between a local government and a public authority in another country respecting the provision and operation of works and services has no effect unless it is approved by the Lieutenant Governor in Council. Division 4 - Assistance Definition of "assistance" 181 For the purposes of section 176 (1) (c) [corporate powers -- assistance] and this Division, "assistance" means providing a grant, benefit, advantage or other form of assistance, including (a) an exemption from a tax, fee or charge, and (b) the forms of assistance referred to in section 185 (1) [publication of intention to provide certain kinds of assistance]. Prohibition against assistance to business 182 As a limitation on section 176 (1) (c), a local government must not provide assistance to an industrial, commercial or business undertaking. Exception for assistance under partnering agreements 183 Despite section 182 and in addition to the power under section 176 (1) (c), a local government may provide assistance under a partnering agreement. Limitation on assistance by means of tax exemption 184 As a limitation on sections 176 (1) (c) and 183, a council may only provide a property tax exemption in accordance with Division 1 of Part 10 [Assessment and Taxation -- Exemptions] and a board may only provide a property tax exemption in accordance with Division 6 of Part 24 [Regional Districts -- General]. Publication of intention to provide certain kinds of assistance 185 (1) A local government must publish in a newspaper its intention to provide any of the following assistance: (a) disposing of land or improvements, or any interest or right in or with respect to them, for less than market value; (b) lending money; (c) guaranteeing repayment of borrowing or providing security for borrowing; (d) assistance under a partnering agreement. (2) The notice must be published before the assistance is provided and must include (a) the intended recipient of the assistance, and (b) the nature, term and extent of the proposed assistance. Division 5 - Disposing of Land and Improvements Disposition of land and improvements 186 (1) If a local government intends to dispose of land or improvements, it must make the land or improvements available to the public for acquisition. (2) Subsection (1) does not apply if the disposition is (a) to a not for profit corporation, (b) to a public authority, (c) to a person who, as part of the consideration for the disposition, will exchange land or an improvement with the local government, (d) to a person under a partnering agreement that has been the subject of a process involving the solicitation of competitive proposals, or (e) a disposition of land to an owner of adjoining land for the purpose of consolidating the lands. Notice of proposed disposition 187 (1) A local government intending to dispose of land or improvements must publish notice of its intention in a newspaper in accordance with subsection (2) or (3), as applicable. (2) If the disposition is a disposition referred to in section 186 (2), the notice must include (a) a description of the land or improvements, (b) the nature and, if applicable, the term of the proposed disposition, and (c) the consideration to be received by the local government for the disposition. (3) For all other dispositions, the notice must include (a) a description of the land or improvements, (b) the nature and, if applicable, the term of the proposed disposition, and (c) the process by which the land or improvements may be acquired. Use of money from sale of land or improvements 188 (1) Subject to subsection (2), (a) all money received by a municipality from the sale of land or improvements must be placed to the credit of a special fund under Part 13 [Special Funds], and (b) all money received by a regional district from the sale of land or improvements must be placed to the credit of a special fund under section 826 [special funds]. (2) If, after money is received under subsection (1), a debt incurred by the municipality or regional district for the purchase or management of the land or improvements remains, there must be set aside all or part of the proceeds of the disposition, as required to repay the debt as it matures together with interest. Disposal of assets acquired with Provincial grants 189 (1) As a limitation on section 176 (1) (d) [corporate powers -- property], before disposing of land, improvements or works acquired or constructed by or for a local government in whole or in part with a Provincial grant that was provided for that purpose, a local government must notify the inspector of the disposition unless (a) the first payment of all or part of the grant was provided at least 20 years before the intended disposal and the local government no longer receives grant payments with respect to that property, or (b) the land, improvement or work will be used for the public purpose for which it was acquired or constructed for at least 20 years after the date of the first payment of all or part of the grant. (2) Subject to regulations under subsection (5), within 30 days after receiving notice under subsection (1), the inspector may, by notice in writing, require the local government to repay all or part of the Provincial grants paid to the local government with respect to the property, on the terms specified in the notice. (3) This section applies in relation to grants made before or after this section comes into force. (4) The local government may appeal a decision of the inspector and, for this purpose, section 457 [appeal from an inspector'sdecision] applies. (5) The Lieutenant Governor in Council may make regulations for the purposes of this section as follows: (a) respecting the matters or information to be included in the local government's notification to the inspector; (b) prescribing the conditions under which a grant becomes repayable under this section, which may be different for different classes of grants, properties and dispositions; (c) respecting the means and basis for calculating the whole or part of the Provincial grant that is repayable, which may be different for different classes of grants, properties and dispositions; (d) specifying the circumstances in which the inspector may take more than 30 days to issue a notice under subsection (2). Disposal of utilities and water and sewer systems 190 (1) As a limitation on section 176 (1) (d) [corporate powers -- property], the following works may only be disposed of in accordance with this section: (a) works for the supply, treatment, conveyance, storage and distribution of water; (b) works for the collection, conveyance, treatment and disposal of sewage; (c) works for the supply and distribution of gas or electrical energy; (d) works for a transportation system, telephone system, closed circuit television system or television rebroadcasting system. (2) The works may only be disposed of if (a) the works are no longer required for the purpose described, (b) the works are disposed of to another local government in the same regional district, (c) in the case of works referred to in subsection (1) (a) or (b) that are used by the local government to provide a water or sewer service, (i) before the disposition occurs there is in effect an agreement under which the water or sewer service will continue for a period specified in the agreement, and (ii) the intended disposition receives the assent of the electors, or (d) in the case of works not referred to in paragraph (c), the local government has provided a counter petition opportunity in relation to the proposed disposition. (3) For the purposes of subsection (2) (c) (ii), the notice under section 164 [notice of other voting] must include a description of the agreement referred to in subsection (2) (c) (i). Division 6 - Delegation of Local Government Authority Limitations on delegation authority 191 (1) As a limitation on section 176 (1) (e) [corporate powers -- delegation], a local government may not delegate the following: (a) the making of a bylaw; (b) a power or duty that is only exercisable by bylaw; (c) a power or duty to appoint, suspend or terminate a local government officer or an auditor; (d) a power or duty established by an enactment that the local government hear an appeal or reconsider an action, decision or other matter; (e) a power or duty established by this or any other Act that the local government give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter. (2) The authority under section 176 (1) (e) does not include authority to delegate to a corporation incorporated by the local government or to a corporation in which the local government acquires shares. How delegation must occur 192 (1) Subject to section 193, a local government may only delegate a power, duty or function by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast. (2) A local government may, by bylaw adopted by a majority of votes cast, amend or repeal a bylaw referred to in subsection (1) to reduce or revoke the delegation. Delegation of hearings 193 (1) If a local government is required by law or authorized by an enactment to hold a hearing in relation to a bylaw, action or other matter, the holding of the hearing may only be delegated, either specifically, by class of hearings or generally, (a) in the case of a council, to one or more council members, and (b) in the case of a board, to one or more directors. (2) As an exception to section 192 (1), a local government may delegate the holding of a hearing by bylaw or resolution adopted by a majority of votes cast. (3) If a hearing in relation to a matter is delegated under subsection (1), a delegation of the power to make the local government decision in relation to the same matter may only be delegated to the person or persons to whom the holding of the hearing was delegated. (4) If the holding of a hearing is delegated under subsection (1) and the power to make the local government decision in relation to the same matter is not delegated under subsection (3), the local government must not make the decision until the delegate reports to the localgovernment, either orally or in writing, the views expressed at the hearing. (5) This section does not authorize the delegation of the holding of a hearing referred to in section 191 (1) (d) [appeals and reconsiderations]. (6) For certainty, if a delegation has been made in relation to hearings, the local government may exercise its authority under subsection (1) to change that delegation to a different delegation in relation to a specific hearing. Reconsideration of delegate's decisions 194 (1) If (a) a local government delegates a power to make a decision, and (b) in relation to that delegation, an enactment establishes a right to have a delegated decision reconsidered by the local government, the local government must, by bylaw, establish procedures for such a reconsideration, including how a person may apply for the reconsideration. (2) In undertaking a reconsideration referred to in subsection (1), a local government has the same authority as that conferred on the delegate. Division 7 - Incorporation of Corporations Incorporation of corporations 195 A local government must not incorporate a corporation or acquire shares in a corporation without first receiving the approval of the inspector. Part 5.1 - Local Government Officers and Employees Division 1 - Officer Positions Officer positions 196 (1) A local government may, (a) by bylaw, establish officer positions for its municipality or regional district, with titles it considers appropriate, and (b) by bylaw or resolution, assign powers, duties and functions to those officer positions. (2) For certainty, (a) a local government may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and (b) the same person may be appointed to 2 or more officer positions. Chief administrative officer 197 One of the officer positions established under section 196 may be assigned the chief administrative responsibility, which includes the following powers, duties and functions: (a) overall management of the administrative operations of the municipality or regional district; (b) ensuring that the policies and directions of the local government are implemented; (c) advising and informing the local government on the operation and affairs of the municipality or regional district. Corporate administration 198 One of the officer positions established under section 196 must be assigned the responsibility of corporate administration, which includes the following powers, duties and functions: (a) ensuring that accurate minutes of the meetings of the local government and its committees are prepared and that the minutes, bylaws and other records of the business of the local government and its committees are maintained and kept safe; (b) ensuring that access is provided to records of the local government and its committees, as required by law or authorized by the local government; (c) certifying copies of bylaws and other documents, as required or requested; (d) administering oaths and taking affirmations, declarations and affidavits required to be taken under this or any other Act in relation to local government matters; (e) accepting, on behalf of the municipality or regional district, notices and documents that are required or permitted to be given, served on, filed with or otherwise provided to the municipality or regional district; (f) keeping the corporate seal, if any, and having it affixed to documents as required. Financial administration 199 One of the officer positions established under section 196 must be assigned the responsibility of financial administration, which includes the following powers, duties and functions: (a) receiving all money paid to the municipality or regional district; (b) ensuring the keeping of all funds and securities of the municipality or regional district; (c) expending and disbursing money in the manner authorized by the local government; (d) investing revenue funds, until required, in investments referred to in section 483 (1) [investment of sinking fund money]; (e) ensuring that accurate records and full accounts of the financial affairs of the municipality or regional district are prepared, maintained and kept safe; (f) compiling and supplying information on the financial affairs of the municipality or regional district required by the inspector. Division 2 - Officers and Employees Generally Appointment of officers and employees 200 (1) Without limiting section 176 [corporate powers], a local government may (a) provide for the appointment of officers and other employees for its municipality or regional district, and (b) subject to the Labour Relations Code and the Employment Standards Act, establish the terms and conditions of their employment, including terms and conditions respecting their remuneration, benefits, expenses, hours of work and manner of appointment, promotion, discipline and dismissal. (2) In the event of a conflict between terms and conditions of employment established by bylaw, resolution or policy and those established by contract of employment or collective agreement, the contract or agreement prevails. Oath of office for officers 201 Before taking on the duties of office, a person appointed to an officer position for a municipality or regional district must swear or affirm an oath of office in the form prescribed by regulation or established by local government bylaw. Termination of officer 202 Subject to a contract of employment, the appointment of a local government officer may be terminated by the local government as follows: (a) on reasonable notice, if the termination is approved by an affirmative vote of at least 2/3 of the votes cast; (b) without notice, for cause, if the termination is approved by a majority of the votes cast. Employers' organization 203 A local government may, by an affirmative vote of at least 2/3 of the votes cast, provide for the inclusion of its municipality or regional district in an employers' organization under the Labour Relations Code. Division 3 - Certification of Senior Officials Board of examiners 204 (1) There is to be a board of examiners for the purposes of this Division, composed of 3 members appointed by the Lieutenant Governor in Council on the recommendation of the minister, of whom (a) one must be nominated by the Union of British Columbia Municipalities, (b) one must be nominated by the Municipal Officers' Association of British Columbia, and (c) one must be nominated by the minister. (2) The members of the board hold office for a term of 3 years or until their successors are appointed. (3) If a vacancy occurs because of the death or resignation of a member, the member's successor must be nominated and appointed in the same manner as the member originally nominated and appointed. (4) The members of the board must not receive remuneration for their services, but must be paid by the minister the amount of their travelling and other personal expenses necessarily incurred by them in the discharge of their official duties. (5) A member of the board may be nominated and reappointed for further terms. Powers of board 205 (1) The board may do one or more of the following: (a) establish qualifications and standards for municipal or regional district employment according to office and grades; (b) grant certificates according to grades and skill to persons possessing the qualifications and meeting the standards; (c) set and hold examinations for, or pass on the credentials of, a person who is a candidate for a certificate; (d) cancel a certificate on proof of dishonesty or gross negligence on the part of the holder. (2) The powers and duties of the board must be exercised and performed in accordance with any applicable regulations made by the board. (3) The records of the board and the administrative duties in connection with them are the responsibility of the inspector. Board may make regulations 206 With the approval of the Lieutenant Governor in Council on the recommendation of the minister, the board may make regulations respecting (a) the exercise and performance of its powers and duties, (b) examinations and certificates, and (c) any other matter within the jurisdiction of the board. Part 5.2 - Municipal Councils and Their Proceedings Division 1 - Council Members Size of council 207 (1) Except as established under subsection (2) or by the effect of section 209 [term of office for council members], the council size for municipalities must be as follows: (a) for a city or district having a population of more than 50 000, the council is to consist of a mayor and 8 councillors; (b) for a city or district having a population of 50 000 or less, the council is to consist of a mayor and 6 councillors; (c) for a town or village, the council is to consist of a mayor and 4 councillors. (2) The council of a city, district or town may, by bylaw, establish the number of council members as a mayor and 4, 6, 8 or 10 councillors. (3) A bylaw under subsection (2) must provide for an uninterrupted transition from the previous council. (4) A bylaw under subsection (2) that would reduce the number of council members must not be adopted unless it receives the assent of the electors. Quorum of council 208 (1) Except as established by a temporary order under section 37 (6) (a) [minister's order if local government reduced to less than a quorum], the quorum for a council is as follows: Number of council members Quorum 5 members3 7 members4 9 members5 11 members6 (2) The acts done by a quorum of council are not invalid by reason only that the council is not at the time composed of the required number of council members under this Act. Term of office for council members 209 (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 210 (3), 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 210 (3), 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 council members have taken office to make up a quorum, whichever is later. Oath of office for council members 210 (1) A person elected or appointed to office on a 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. (2) The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace or the municipal officer assigned responsibility under section 198 [corporate administration], and the person making the oath must obtain the completed oath or a certificate of it from the person administering it. (3) A person takes office on a 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 municipal officer assigned responsibility under section 198 [corporate administration], or (b) at any later time that the person produces the completed oath or certificate to that officer. (4) 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. (5) A person taking office on a council may also make an oath of allegiance. (6) Once a council member 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. Disqualification from office for failure to make oath or attend meetings 211 (1) If a person elected or appointed to office on a council does not make the required oath under section 210 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 a local government or on the council of the City of Vancouver until the next general local election. (2) If a council member 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 the council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on a local government or on the council of the City of Vancouver until the next general local election. Resignation from office 212 (1) A council member may resign from office only by delivering a written resignation to the municipal officer assigned responsibility under section 198 [corporate administration]. (2) A resignation becomes effective when it is received by the municipal officer, even if a later date is set out in the resignation, and may not be revoked after the time it is received. (3) The municipal officer 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 municipal officer must notify the minister. Application to court to declare council member disqualified 213 (1) An application to the Supreme Court for a declaration that a council member 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 3 [Declaration of Invalid Election], other than section 143 (7) [time for hearing application], applies in relation to an application under this section. (3) An application may only be made by at least 4 electors of the municipality. (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 disqualification 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 person whose right to hold office is being challenged and on the municipality. (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. Resolution declaring council member disqualified 214 (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 the Supreme 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 the Supreme 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 municipality. (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 147 [status of an elected candidate] applies in relation to an application under subsection (4) of this section. Council member remuneration and expenses 215 (1) A council may, by bylaw, 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 (i) representing the municipality, (ii) engaging in municipal business, or (iii) attending a meeting, course or convention; (c) an allowance, daily or otherwise, for expenses incurred by a council member when performing any of the activities referred to in paragraph (b), if those expenses are not covered under that paragraph. (2) A bylaw 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 bylaw 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. Reporting of remuneration and expenses 216 (1) At least once a year, a 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 215 (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 215 (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 municipal hall during its regular office hours for at least one year after it is considered by the council. (3) On payment of the applicable fee set under subsection (4), a person may obtain from the municipality copies or excerpts, as requested, of a report under subsection (1). (4) A council may, by bylaw, set fees for the purposes of subsection (3). Council members' benefits 217 (1) A council must not provide any part of a premium required by an agreement for benefits, including insurance policies and medical or dental services, for council members or their dependants. (2) As an exception to subsection (1), a council may provide all or part of a premium required by an agreement for accident insurance coverage for council members while on municipal business. Division 2 - Mayor Powers and duties of mayor 218 (1) The mayor is the head and chief executive officer of the municipality. (2) In addition to the mayor's powers and duties as a council member, the mayor has the following duties: (a) to see that the law for the improvement and good government of the municipality is carried out; (b) to communicate information to the council and to recommend bylaws, resolutions and measures that, in the mayor's opinion, may assist the peace, order and good government of the municipality in relation to the powers conferred on the council by an enactment; (c) to establish standing committees as provided in section 239 and to appoint members of council to the committees; (d) to inspect and direct the conduct of officers and employees, to direct the management of municipal business and affairs and, if considered necessary, to suspend an officer or employee; (e) so far as the mayor's power extends, to see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished. (3) Every suspension of an officer or employee by the mayor under this section must be reported to the council at its next sitting, and the council may (a) reinstate the officer or employee, (b) confirm the suspension, (c) confirm and extend the suspension, or (d) dismiss the officer or employee. Mayor may return bylaw for reconsideration by council 219 (1) At any time within one month after a bylaw, resolution or proceeding of the council is adopted, the mayor may return it for reconsideration if it has not (a) had the assent of the electors, (b) been reconsidered by the council under subsection (3), or (c) been acted on by an officer, employee or agent of the municipality. (2) The mayor may give reasons for returning a matter to the council and the municipal officer assigned responsibility under section 198 [corporate administration] must record in the minute book the mayor's reasons, suggestions or amendments. (3) As soon as convenient, the council must consider the mayor's reasons and either reaffirm or reject the bylaw, resolution or proceeding. (4) If a bylaw, resolution or proceeding is rejected, it (a) is deemed to be repealed and is of no effect, and (b) must not be reintroduced to the council for 6 months except with the unanimous consent of the council. (5) The conditions that applied to the adoption of the original bylaw, resolution or proceeding apply to its rejection. Acting mayor and deputy mayor 220 (1) A council may appoint one of its members to be deputy mayor and one of its members to be acting mayor. (2) If the office of mayor becomes vacant, the council must appoint a member to be acting mayor, and the acting mayor is to continue in office until another mayor is elected or appointed. (3) During the absence, illness or other disability of the mayor, the acting mayor has all the powers of and is subject to the same rules as the mayor. Intermunicipal questions 221 Except where otherwise provided, all questions arising between municipalities must be decided by the mayors of the municipalities or, if they cannot agree, by the Supreme Court, whose decision is final. Division 3 - Council Meetings Time of council meetings 222 (1) Following a general local election, the first council meeting must 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 council meeting must be called by the municipal officer assigned responsibility under section 198 [corporate administration] and held as soon as reasonably possible after a quorum has taken office. (3) After the first meeting, a council must meet as it decides and as provided in this Act. (4) For the purposes of this Act, a special council meeting is a council meeting other than a statutory, regular or adjourned meeting. Notice of special meeting 223 (1) A notice of the day, hour and place of a special council meeting must be given at least 24 hours before the time of meeting, by (a) posting a copy of the notice at the regular council meeting place, and (b) leaving one copy for each council member at the place to which the member has directed notices to be sent. (2) Each copy of a notice under subsection (1) must be signed by the mayor or the municipal officer assigned responsibility under section 198 [corporate administration]. (3) Notice of a special council meeting may be waived by unanimous vote of all council members. Council members may request special meeting 224 (1) Two or more council members may, in writing, request the mayor to call a special council meeting. (2) Two or more council members may call a special council meeting if (a) within 24 hours after receiving a request under subsection (1), the mayor refuses or neglects to arrange for the special council meeting to be held within 7 days after receiving the request, or (b) the mayor is absent. (3) If a special council meeting is called under subsection (2), the council members calling the meeting must sign the notice under section 223. Attendance of public at meetings 225 (1) Regular council meetings must be open to the public, and a person must not be excluded except for improper conduct. (2) If in the opinion of the council the public interest so requires, persons other than members and officers, or persons other than members, may be excluded from a special council meeting. Expulsion from meeting for improper conduct 226 The mayor or other person presiding may expel and exclude from a council meeting a person the mayor or presiding person considers guilty of improper conduct. Mayor to preside at council meetings 227 (1) The mayor, if present, must preside at council meetings. (2) If the mayor, deputy mayor and the acting mayor are absent from a council meeting, (a) the members present must choose a member to preside, and (b) the presiding member has, for that purpose, all the powers of and is subject to the same rules as the mayor. (3) Any council member may preside in committee of the whole. Points of order 228 The mayor or the member presiding at a council meeting must preserve order and decide points of order that may arise, subject to an appeal to the other council members present. Appeal from decision of mayor 229 (1) On an appeal by a council member from a decision of the mayor, the question as to whether the chair is to be sustained must be immediately put by the mayor and decided without debate. (2) The mayor must be governed by the vote of the majority of the other council members present. (3) If the votes are equal, the question passes in the affirmative. (4) The names of the council members voting for or against the question must be recorded in the minutes. (5) If the mayor refuses to put the question under subsection (1), (a) the council must immediately appoint a member to preside temporarily, (b) that presiding member must proceed in accordance with subsection (1), and (c) a resolution or motion carried under this subsection is as binding as if carried under subsection (1). Voting at council meetings 230 (1) This section applies to council meetings and meetings of all committees of council. (2) A council member present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative. (3) If the votes of the council members present at the meeting at the time of the vote are equal for and against a question, the question is negatived and the presiding member must declare this result. Council member declaration if not entitled to vote 231 (1) This section applies to council meetings and meetings of all committees of council. (2) 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 member must declare this and state the general nature of why the member considers this to be the case. (3) After making the declaration, the member (a) must not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter, (b) must immediately leave the meeting or that part of the meeting during which the matter is under consideration, and (c) must not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter. (4) When the declaration is made, (a) the person recording the minutes of the meeting must 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 must ensure that the member is not present at the meeting at the time of any vote on the matter. (5) Without limiting subsection (2), 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. (6) Subsection (5) does not apply (a) if the pecuniary interest of the council member is a pecuniary interest in common with electors of the municipality 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, or (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. (7) A person who contravenes subsection (5) is disqualified from continuing to hold office as a council member unless the contravention was done inadvertently or because of an error in judgment made in good faith. (8) If otherwise qualified, a person disqualified under subsection (7) 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. (9) If as a result of subsection (2) the number of council members who may discuss and vote on a matter falls below the quorum for the council, the council may apply to the Supreme Court for an order under subsection (10) without notice to any other person. (10) On an application under subsection (9), the court may (a) order that all or specified council members may discuss and vote on the matter, despite the other provisions of this section, and (b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate. Division 4 - Council Proceedings Exercise of powers by bylaw or resolution 232 (1) If an enactment provides that a council is required or empowered to exercise a power by bylaw, that power may only be exercised by bylaw. (2) Except as restricted by subsection (1), the powers of a council may be exercised by resolution or bylaw. (3) An act or proceeding of a council is not valid unless it is authorized or adopted by bylaw or resolution at a council meeting. General rule that matters be decided by majority of members present 233 Unless otherwise provided, all acts to be done by the council, and all other questions, including adjournment, that may come before the council must be done and decided by a majority of the council members present at a meeting. Requirement for 2/3 majority 234 A requirement in this Act for an affirmative vote of at least 2/3 of all members of a council means an affirmative vote of at least 2/3 of the number of members of which the council consists under this Act. Procedure bylaw 235 (1) The council must, by bylaw, regulate council meetings and their conduct. (2) A bylaw relating to the procedure of the council must not be altered except by bylaw passed at a regular council meeting in accordance with a notice in writing given and openly announced at an earlier regular meeting. Minutes of council proceedings 236 (1) Minutes of the proceedings of a council (a) must be legibly recorded in a minute book, and (b) must be certified as correct by the municipal officer assigned responsibility under section 198 [corporate administration] and signed by the mayor or other member presiding at the meeting or at the next meeting at which they are adopted. (2) The minutes must be open for inspection by any person and any person may make copies and extracts of the minutes at all reasonable times on payment of any required fee. (3) Subsection (2) does not apply to minutes of a special council meeting from which persons were excluded under section 225 [attendance of public at meetings]. (4) A council may, by bylaw, set fees for the purposes of subsection (2). Minutes of committees and other municipal bodies 237 Minutes of the proceedings of council committees, courts of revision and other municipal bodies (a) must be legibly recorded in a minute book, (b) must be signed by the chair or member presiding at the meeting, and (c) except for minutes of a council committee or other municipal body on a matter for adoption by the council, must be open for inspection in the same manner as council minutes. Appointment of select committee 238 A council may appoint a select committee to consider or inquire into any matter and to report its findings and opinion to the council. Establishment of standing committees 239 (1) The mayor may establish standing committees for matters the mayor considers would be better regulated and managed by committee, and for that purpose may provide for appointment as members of a standing committee persons who are not council members. (2) At least 1/2 the members of a standing committee must be council members. Witnesses at council or committee meetings 240 (1) A council, a standing committee or a select committee (a) has power, under the signature of the mayor, to summon witnesses for examination on oath for matters about the administration ofthe municipality, and (b) has the same power to enforce the attendance of witnesses and compel them to give evidence as is vested in a court of law in civil cases. (2) A member of council or of a standing or select committee or the municipal officer assigned responsibility under section 198 [corporate administration] may administer the oath to a witness. (3) A witness may be examined, cross examined and re-examined according to the rules and practice of the Supreme Court in civil cases. Petitions to council 241 (1) A petition to a council must include the full name and residential address of each petitioner. (2) Except as provided for local improvements, the sufficiency and validity of a petition to a council is to be determined by the municipal officer assigned responsibility under section 198 [corporate administration], who must record this determination by certificate. (3) A certificate under subsection (2) is final and conclusive. (4) After a petition has been certified as sufficient and valid, or after the time set for submission of the petition, a person may not withdraw their name from the petition or add a name to the petition. Counter petition process 242 (1) Unless otherwise provided, this section applies to counter petitions required or authorized under this Act in relation to proposed municipal bylaws, actions or other matters. (2) The council must establish a deadline by which counter petitions in relation to a specific matter must be submitted to the council. (3) Notice of the counter petition opportunity in relation to a matter (a) must be published in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established under subsection (2), and (b) from the date of first publication in a newspaper, must be posted on the notice board or usual place for publishing notices at the municipal hall. (4) A notice under subsection (3) must include the following: (a) a general description of the proposed matter; (b) a statement that the council may proceed with the matter unless the counter petition is sufficient; (c) the area to which the counter petition applies, if that area is not the whole of the municipality; (d) the deadline for submitting signed counter petition forms to the council; (e) an estimate of the number of persons who must petition against the matter in order for the counter petition to be sufficient; (f) how counter petitions may be submitted to the council. (5) Subject to section 241 (1), a counter petition may be in any form that clearly indicates the intention of the person or persons signing it to petition against the proposed matter. (6) A counter petition is sufficient if, on the basis of the signed counter petition forms submitted to the council before the deadline established under subsection (2), the counter petition is signed by at least 5% of the electors of the area to which the counter petition applies. (7) If a counter petition is certified as valid and sufficient under section 241 (2), the council must not proceed with the proposed bylaw, action or other matter unless it receives the assent of the electors. (8) If a counter petition is not sufficient, the council may proceed with the proposed bylaw, action or other matter. Division 5 - Additional Powers Persons may be honoured with freedom of the municipality 243 (1) To honour a distinguished person, by unanimous vote of its members, a council may confer freedom of the municipality on that person. (2) Until the council revokes the honour, a person given freedom of the municipality (a) is deemed to be an elector of the municipality and is eligible to be registered as such and to vote in an election for mayor or councillor, and (b) despite any other enactment, if the person is a Canadian citizen, is deemed to be qualified to be nominated, be elected and hold the office of mayor of the municipality. (3) To honour a distinguished unit of the armed forces of Canada, the United Kingdom or another nation of the Commonwealth, by unanimous vote of its members, a council may confer freedom of the municipality on that unit. (4) The commanding officer of a unit honoured with freedom of the municipality has by virtue of office the same qualifications and privileges of a person honoured with freedom of the municipality. Municipal holidays 244 A council may declare that a public holiday is to be observed in the municipality, either on a day named by the council or on a day determined and proclaimed by the mayor. Referendums to obtain electors' opinion 245 A council may, by bylaw, provide for a referendum to obtain the electors' opinion on a question that affects the municipality and with which the council has power to deal. Joint exercise of powers with other municipalities 246 (1) A municipality may join with another municipality to exercise a power conferred by this Act. (2) An agreement under this section is not valid until ratified by a bylaw adopted by each council. (3) For the purpose of this section, (a) the powers of a municipality extend beyond the boundaries of the municipality, and (b) "municipality" includes the City of Vancouver. Incidental powers 247 The council has all necessary power to do anything incidental or conducive to the exercise or performance of its powers, duties and functions. Further powers in relation to municipal assets 248 In addition to the powers of a council under this Act, the minister may confer on the council further powers to manage and dispose of municipal assets that the minister considers necessary or advisable. Further powers for public good 249 On request by a council, the Lieutenant Governor in Council may, to the extent not inconsistent with the purposes of this or any other Act, confer further powers on the council necessary to (a) preserve and promote the peace, order and good government of the municipality and the health, safety, morality and welfare of its citizens, and (b) provide for protection of persons and property. Emergency powers 250 If the powers conferred on a council are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the council may, by bylaw adopted by a vote of at least 2/3 of the council members, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency. Additional powers and exceptions may be granted to municipalities 251 (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified municipality or a described class of municipalities: (a) grant a power to the municipality or class; (b) provide an exception to or a modification of a requirement established by an enactment; (c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding (i) the grant of a power under paragraph (a) or the exercise of it, or (ii) an exception or modification under paragraph (b) or the taking of its benefit. (2) A regulation made under this section must not do any of the following: (a) confer an authority otherwise available to a municipality, including any power that may be granted under section 247 [incidental powers], section 248 [further powers in relation to municipal assets], section 249 [further powers for public good], or section 250 [emergency powers]; (b) override an absolute prohibition contained in an enactment; (c) confer an authority to levy a new tax; (d) confer an authority to grant a new tax exemption; (e) eliminate a requirement for obtaining the assent of the electors; (f) any other thing prohibited by regulation under subsection (3). (3) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority conferred under this section. Division 6 - Special Expenditure Powers Business improvement areas 252 (1) In this section: "applicant" means a corporation, association or organization applying to the council for a grant of money under this section; "business area" means an area in a municipality where business or commerce is carried on; "business improvement area" means a business area designated by bylaw as a business improvement area under subsection (3) (a); "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 municipally owned land, buildings or structures in one or more business improvement areas, (c) the conservation of heritage property in one or more business improvement areas, and (d) the encouragement of business in one or more business improvement areas. (2) As an exception to section 182 [prohibition against assistance to business], a council may grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme. (3) Before a council grants money under subsection (2), the council must, by bylaw, do the following: (a) designate the appropriate business area as a business improvement area; (b) name the applicant to which the money will be granted; (c) establish the maximum amount of money to be granted; (d) require that the money granted must be expended only (i) by the applicant to which the money is granted, and (ii) in accordance with the conditions and limitations set out in the bylaw and for a business promotion scheme set out in the bylaw; (e) require that all or part of the money granted to the applicant, as determined by the council, be recovered within the business improvement area from owners of land or improvements, or both, or from other persons from whom charges provided in this Act may be collected in the business improvement area. (4) For the purpose of a requirement under subsection (3) (e), the council may levy and impose within the business improvement area any or all of the following: (a) a rate on land or improvements, or both, that fall or would fall within Class 5 or 6 of the Assessments -- Classes and Percentage Levels Regulation, B.C. Reg. 438/81, as that regulation stood on January 8, 1988; (b) a frontage tax; (c) other charges provided in this Act; (d) a rate based on any factor set out in the bylaw. (5) If the council imposes a rate or charge under subsection (4), the bylaw that imposes the rate or charge may set different rates or charges on different classes of business, as specified in the bylaw. (6) If a council enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without limiting this, the bylaw must require the applicant to (a) submit each year a budget for approval by the council, (b) account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and (c) take out and maintain insurance of the type and in the amount specified in the bylaw. (7) Section 646 (6) (b) and (c), (7) and (8) [works and services for specified areas] applies to a bylaw under this section and, for these purposes, a business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service. (8) Section 649 [enlargement or reduction of specified area] and section 650 [merging of specified areas] apply in respect of a business improvement area as if it were a specified area. (9) Part 11 [Taxes and Their Collection] applies in respect of rates, taxes and charges imposed under this section. (10) A bylaw designating a business improvement area ceases to have effect on the earlier of (a) 20 years from the date the bylaw comes into force, and (b) a date specified in the bylaw. Mountain resort business improvement areas 253 (1) In this section: "applicant" means a corporation, association or organization applying to the council for a grant of money under this section; "business area" means an area in a municipality where business or commerce related to a mountain resort is carried on; "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 municipally owned land, buildings or structures in one or more mountain resort business improvement areas, (c) the conservation of heritage property in one or more mountain resort business improvement areas, and (d) the encouragement of business in one or more mountain resort business improvement areas; "mountain resort business improvement area" means a business area designated by bylaw as a mountain resort business improvement area under subsection (3) (a). (2) As an exception to section 182 [prohibition against assistance to business], a council may grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme. (3) Before a council grants money under subsection (2), the council must, by bylaw, do the following: (a) designate the appropriate business area as a mountain resort business improvement area; (b) name the applicant to which the money will be granted; (c) establish the maximum amount of money to be granted; (d) require that the money granted must be expended only (i) by the applicant to which the money is granted, and (ii) for a business promotion scheme set out in the bylaw; (e) require that all of the money granted to the applicant be recovered from the owners of land and improvements, within the mountain resort business improvement area, used during the year to operate a business that falls within a class of business specified in the bylaw. (4) For the purpose of a requirement under subsection (3) (e), the council may levy and impose within the mountain resort business improvement area any or all of the following: (a) a rate on land or improvements, or both; (b) a frontage tax; (c) other charges provided in this Act; (d) a rate based on any factor set out in the bylaw. (5) If the council imposes a rate or charge under subsection (4), the bylaw that imposes the rate or charge may set different rates or charges on different classes of business, as specified in the bylaw. (6) Section 362 [local court of revision] and section 363 [appeal to Supreme Court from local court of revision] apply with respect to a rate imposed under subsection (4) (d) of this section and, for this purpose, the bylaw under subsection (3) must establish a procedure to allow property owners to complain to the local court of revision about errors made in applying the bylaw to their property. (7) If a council enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without restricting this, the bylaw must require the applicant to (a) submit each year a budget for approval by the council, (b) account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and (c) take out and maintain insurance of the type and amount specified in the bylaw. (8) Section 646 (6) (b) and (c), (7) and (8) [works and services for specified areas] applies to a bylaw under this section and, for these purposes, a mountain resort business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service. (9) Section 649 [enlargement or reduction of specified area] and section 650 [merging of specified areas] apply in respect of a mountain resort business improvement area as if it were a specified area. (10) Part 11 [Taxes and Their Collection] applies in respect of rates, taxes and charges imposed under this section. (11) A bylaw designating a mountain resort business improvement area ceases to have effect on the earlier of (a) 20 years from the date the bylaw comes into force, and (b) a date specified in the bylaw. Payment for benefits and expenses relating to municipal activity 254 A council may provide for one or more of the following payments: (a) all or part of the expenditures made or expenses incurred by a person, other than a council member, municipal officer or employee, when the person, with the prior authorization of council, (i) represents the municipality, (ii) engages in municipal business, or (iii) attends a meeting, course or convention; (b) all or part of a premium required by an agreement for accident insurance coverage for members of a civic commission, advisory planning commission, board of variance or other body established by the municipality while the members are on municipal business. Indemnification against proceedings 255 (1) If (a) an action or prosecution is brought against a council member or municipal officer or employee in connection with the performance of the person's duties, or (b) an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration of a department of the municipality or the conduct of a part of the municipal business, the council may, by a vote of at least 2/3 of all members, pay a sum required for the protection, defence or indemnification of the member, officer or employee and to cover the costs necessarily incurred and damages recovered in relation to the matter. (2) A council must not pay a fine that is imposed on a member, officer or employee as a result of the person's conviction for a criminal offence. (3) A resolution or bylaw under subsection (1) is not invalid by reason only that a council member who would be entitled to payment under the resolution voted on it. (4) A council may, by bylaw, provide that the municipality will indemnify a member, officer or employee against a claim for damages against the person arising out of the performance of the person's duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim. (5) Subject to subsection (6), a council must not seek indemnity against a member, officer or employee in respect of any action of the person that results in a claim for damages against the municipality. (6) A council may seek indemnity against a member, officer or employee if (a) the claim arises out of the gross negligence of that person, or (b) in relation to the action that gave rise to the claim against an officer or employee, he or she wilfully acted contrary to the terms of the person's employment or an order of a superior. (7) This section applies to the persons referred to in section 287 (1) (d), (g), (h), (i), (j), (k), (l), (n), (o) and (p) [immunity for individual municipal public officers] as though those persons were officers or employees of the municipality. General heritage conservation authority 256 (1) Without limiting section 176 [corporate powers], a 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 community's history and heritage; (c) to increase public awareness, understanding and appreciation of the community's history and heritage; (d) for any other activities that it considers necessary or desirable with respect to the conservation of heritage property and other heritage resources. (2) As exceptions to section 182 [prohibition against assistance to business], a council (a) may provide assistance within the meaning of section 181 [definition of assistance] to activities referred to in subsection (1) when the activities are undertaken by others, and (b) may, by an affirmative vote of at least 2/3 of the votes cast, provide assistance within the meaning of section 181 for the conservation of any of the following property: (i) property that is protected heritage property; (ii) property that is subject to a heritage revitalization agreement under section 966; (iii) property that is subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 6 - Bylaws Division 1 - General Requirements for passing bylaws 257 (1) Before a bylaw is adopted by a council, it must be given 3 readings by the council. (2) There must be at least one day between the third reading and the adoption of a bylaw. (3) If this or another Act requires that a bylaw receive (a) the assent of the electors, or (b) the approval of the Lieutenant Governor in Council, a minister or the inspector, the assent or approval must be obtained after the bylaw has been given third reading and before it is adopted. (4) If this or another Act requires that a bylaw receive both (a) the assent of the electors, and (b) the approval of the Lieutenant Governor in Council, a minister or the inspector, the approval must be obtained before the bylaw is submitted for assent. (5) Once adopted, a bylaw must (a) be signed by the mayor or other presiding member of the council meeting at which it was adopted, and (b) be signed by the municipal officer assigned responsibility under section 198 [corporate administration]. Bylaw required to establish procedures 258 (1) A council must adopt a bylaw to provide for the procedure that, subject to this Part, is to be followed in passing bylaws. (2) A bylaw under subsection (1) may (a) establish the manner and extent for a reading of a bylaw, and (b) permit 2 or more readings at one meeting of council, subject to section 257 (2). When a bylaw comes into force 259 A municipal bylaw comes into force on the later of (a) the date it is adopted by council, and (b) a date set by the bylaw. Exercise of powers through municipal code 259.1 (1) Subject to this Act, a council may exercise some or all of its powers under this Act by the adoption of a comprehensive general bylaw. (2) Without limiting the authority of a council under subsection (1), a comprehensive general bylaw under that subsection may be cited as "The (name of municipality) Municipal Code". (3) A comprehensive general bylaw under subsection (1) is subject to all requirements that would apply to the exercise of the powers by separate bylaws. Evidence of bylaw 259.2 A printed document purporting (a) to be a copy of a municipal bylaw, and (b) to be printed by authority of the council of the municipality is proof, in the absence of evidence to the contrary, of the bylaw and of the fact of its passage. Bylaws must be available for public inspections 259.3 (1) The bylaws of a municipality must be available for public inspection in the municipal hall during its regular office hours. (2) Subject to subsection (3), any person is entitled to obtain copies of a municipal bylaw. (3) A council may, by bylaw, establish fees to be paid for obtaining copies of its bylaws. Division 2 - Challenge of Bylaws Extended definition of "bylaw" 260 In this Division, "bylaw" includes an order or resolution. Validity of council proceedings 261 A bylaw, contract or other proceeding of a council must not be set aside or declared invalid if the only reason for doing so is that (a) a person sitting or voting as a council member was not qualified to be a council member at or before the time of the proceeding, (b) a council member 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. Application to court to set aside bylaw 262 (1) On application of an elector of a municipality, or of a person interested in a bylaw of the council, the Supreme Court may (a) set aside all or part of the bylaw for illegality, and (b) award costs for or against the municipality according to the result of the application. (2) Subsection (1) does not apply to a security issuing bylaw providing for the issue of debenture or other evidence of indebtedness to a regional district or to the Municipal Finance Authority of British Columbia. (3) Notice of an application to set aside a bylaw, stating the grounds of the application, must be served on the municipality as follows: (a) if the bylaw is a security issuing bylaw adopted under section 461, the notice must be served at least 5 days before the hearing and not more than 10 days after the adoption of the bylaw; (b) if the bylaw is a bylaw requiring the assent of the electors that the council purported to adopt without assent, the notice may be served more than one month after the adoption of the bylaw, but must be served at least 10 days before the hearing; (c) in any other case, the notice must be served at least 10 days before the hearing and not more than one month after the adoption of the bylaw. (4) Except for a bylaw referred to in subsection (3) (b), an order under this section relating to a bylaw must not be made unless the application is heard within 2 months after the adoption of the bylaw. Assessment or rate stands unless bylaw set aside 263 A person assessed under or subject to a rate under a bylaw by which an assessment is made or a rate is imposed is not entitled to plead a defect in the bylaw as a defence to a claim for payment of that rate except by application to set aside the bylaw. Declaratory orders 264 (1) An application for a declaratory order relating to a bylaw must not be entertained more than one month after the adoption of the bylaw, if the application is brought on the ground of (a) irregularity in the method of enactment, or (b) irregularity in the form of a bylaw. (2) Except for a bylaw referred to in section 262 (3) (b), a declaratory order relating to a bylaw must not be made unless the application is heard within 2 months after the adoption of the bylaw. Right of action on illegal bylaw 265 (1) If (a) all or part of a bylaw is illegal, and (b) anything has been done under the bylaw that, because of the illegality, gives a person a right of action, the action must not be brought until the end of the time period under subsection (2). (2) An action referred to in subsection (1) must not be brought until (a) one month after all or part of the bylaw has been set aside, and (b) one month's notice has been given to the municipality. (3) An action referred to in subsection (1) must be brought against the municipality only, and not against a person acting under the bylaw. Division 3 - Enforcement of Bylaws Fines and penalties 266 A council may make bylaws for (a) the purposes of enforcing the bylaws of the municipality by fine, imprisonment or both, and (b) inflicting fines, penalties and costs. Bylaw contraventions - offences and penalties 267 (1) If a bylaw establishes a lawful regulation or requirement to be observed in a municipality, a person who breaches the regulation or requirement commits an offence that is punishable in the same manner as if the bylaw had expressly forbidden persons from doing or refraining from doing the act. (2) In a prosecution for an offence against a municipal bylaw, the justice or court may impose all or part of the penalty or punishment authorized by the bylaw, this Act or the Offence Act, together with the costs of prosecution. (3) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justice or court may, by order, authorize all or part of the penalty and costs to be levied by distress and sale of the offender's goods and chattels. (4) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the justice or court may commit the offender to imprisonment for the term, or part of the term, specified in the bylaw. Inspections to determine whether bylaws are being followed 268 If a council has authority to direct that a matter or thing be done by a person or that regulations be observed, the council may, by bylaw, authorize officers, employees and agents of the municipality to enter at all reasonable times on any property that is subject to the direction to ascertain whether the requirement is being met or the regulations are being observed. Municipal action at defaulter's expense 269 (1) If a council has authority to direct that a matter or thing be done by a person, the council may also direct that, if the person fails to take the required action, the matter or thing is to be done at the expense of the person in default. (2) If action in default is taken under subsection (1), the council may recover the expense from the person, together with costs and interest at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act, in the same manner as municipal taxes. Application of taxes and fines collected under bylaws 270 All taxes, licence fees, fines and penalties assessed, levied and collected in a municipality under or because of a bylaw (a) must be paid to the municipal officer assigned responsibility under section 199 [financial administration] or other proper financial officer of the municipality, to be applied to the special uses and accounted for by that officer in the manner the bylaw directs, and (b) in default of any direction respecting them, must be applied and accounted for by the officer to whom they are paid as part of the revenue of the municipality. Division 4 - Ticketing for Bylaw Offences Definition of person who is a "justice" 271 In this Division, "justice" has the same meaning as in the Offence Act. Ticket offences 272 (1) A council or a regional district board may, by bylaw, (a) designate for the purpose of this section a bylaw that comes within a category of bylaws prescribed under section 280 (b), (b) designate as a bylaw enforcement officer a person who comes within a class of persons prescribed under section 280 (c), 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 a bylaw is designated under subsection (1), a bylaw enforcement officer may lay an information by means of a ticket for contravention of the bylaw. (3) Despite 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) 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 (b) a general description of an offence against a bylaw, is deemed sufficient for all purposes to describe the offence designated by that word or expression or general description. (5) For the purpose of section 274 (1), after consultation with the chief judge of the Provincial Court, the council or the regional district board may, by bylaw, set a fine not greater than $500 for contravention of a bylaw. (6) If a minimum or maximum fine is established by a bylaw, the fine set under subsection (5) must be not less than the minimum or more than the maximum fine established by the bylaw. Laying information and serving ticket 273 (1) When laying an information by means of a ticket, a bylaw enforcement officer must indicate on the ticket the offence charged and must sign the ticket. (2) The bylaw enforcement officer must serve the ticket on the person alleged to have contravened the bylaw. (3) Service of a ticket under subsection (2) may be effected by (a) serving a copy of the ticket on the person alleged to have contravened the bylaw 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) Service of a ticket under subsection (2) 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. (5) The certificate referred to in subsection (4) 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. Choice of paying fine or disputing ticket 274 (1) If a fine set in accordance with section 272 (5) 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 regional district 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. (2) A notice of dispute under subsection (1) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed. (3) For the purpose of subsection (1), a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed. Effect of paying fine 275 (1) A person who pays a fine in accordance with section 274 (1) (a) is deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed. (2) If a person who is served with a ticket pays the fine as referred to in subsection (1), no conviction need be drawn up or entered unless it is required under the bylaw contravened or by the person convicted or by a prosecutor. Hearing of dispute 276 (1) If notice of dispute is given in accordance with section 274 (1) (b), the council or regional district board must refer the ticket to the Provincial Court for a hearing. (2) If a ticket is referred to the Provincial Court for a hearing under subsection (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. (3) If a person appears before a justice at the time and place specified in the notice of the hearing referred to in subsection (2), section 58 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. (4) If a person who is served with a ticket has (a) appeared before a justice at the time and place specified in the notice of the hearing referred to in subsection (2), and (b) 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 under the bylaw contravened or by the person convicted or by a prosecutor. Failure to appear at hearing 277 (1) A person is deemed to have not disputed a charge if the person fails to appear before a justice to dispute the charge (a) at the time and place specified in the notice of the hearing referred to in section 276 (2), or (b) at a new time and place set under section 279 (4). (2) If a person is deemed under subsection (1) to have not disputed a charge, a justice must examine the ticket and proceed as follows: (a) if the ticket is complete and regular on its face, the justice must (i) convict the person in the person's absence and without a hearing, and (ii) impose the fine set under section 272 (5) for the offence charged; (b) if the ticket is not complete and regular on its face, the justice must quash the proceeding. (3) Nothing in subsection (1) or (2) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act. Failure to respond to ticket 278 (1) A person served with a ticket under section 273 is deemed to have not disputed the charge if (a) the person does not pay the fine or dispute the charge, as provided in section 274 (1), and (b) at least 14 days have elapsed after the ticket was served on the person. (2) If a person is deemed under subsection (1) to have not disputed the charge, a justice, on being satisfied that the conditions set out in that subsection have been met, must examine the ticket and proceed as follows: (a) if the ticket is complete and regular on its face, the justice must (i) convict the person in the person's absence and without a hearing, and (ii) impose the fine set under section 272 (5) for the offence charged; (b) if the ticket is not complete and regular on its face, the justice must quash the proceeding. (3) 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. (4) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act. Time extensions if person not at fault in failing to respond or appear 279 (1) A person who is served with a ticket may appear before a justice if (a) the person has, through no fault of that person, not had an opportunity to dispute the charge, and (b) not more than 30 days have elapsed since the end of the period referred to in section 274 (1). (2) If a person appears before a justice under subsection (1), the justice, on being satisfied of the facts by affidavit in the prescribed form, must (a) strike out the conviction, if any, and (b) allow the person 14 days after the date on which the conviction is struck to dispute the charge in accordance with section 274 (1). (3) 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 section 276 (2), 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. (4) If a person appears before a justice under subsection (3) 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. (5) If a conviction is struck out under subsection (2) or (4), the justice must give the person a certificate of the fact in the prescribed form. Regulations in relation to ticket offences 280 The Lieutenant Governor in Council may make regulations as follows: (a) prescribing the form and content of the tickets issued under section this Division; (b) prescribing, by reference to their subject matter or otherwise, categories of bylaws for the purpose of section 272 (1) (a); (c) prescribing classes of persons for the purpose of section 272 (1) (b); (d) prescribing the form of a certificate of service for the purpose of section 273 (4); (e) prescribing instructions for paying a fine for the purpose of section 274 (1) (a); (f) prescribing the form of affidavits for the purposes of section 278 (3) and 279 (2) and (4); (g) prescribing the form of a certificate under section 279 (5). Division 5 - Consolidation and Revision of Bylaws Consolidation of bylaws 280.1 (1) A council may, by bylaw, authorize a designated municipal officer to consolidate one or more of the bylaws of the municipality. (2) In consolidating a bylaw, the officer must (a) incorporate in it all amendments that have been made to the bylaw, and (b) omit any provision that has been repealed or that has expired. (3) A printed document purporting (a) to be a copy of a bylaw consolidated under this section, and (b) to be printed by authority of the designated officer is proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of passage of the original and all amending bylaws. Revision of bylaws 280.2 (1) A council may, by bylaw, authorize the revision of all or any of the bylaws of the municipality. (2) A bylaw under subsection (1) may authorize one or more of the following: (a) consolidating a bylaw by incorporating in it all amendments to the bylaw; (b) omitting and providing for the repeal of a bylaw or a provision of a bylaw that is expired, inoperative, obsolete, spent or otherwise ineffective; (c) omitting, without providing for its repeal, a bylaw or a provision of a bylaw that is of a transitional nature or that refers only to a particular place, person or thing or that has no general application throughout the municipality; (d) combining 2 or more bylaws into one, dividing a bylaw into 2 or more bylaws, moving provisions from one bylaw to another and creating a bylaw from provisions of one or more bylaws; (e) altering the citation and title of a bylaw and the numbering and arrangement of its provisions; (f) adding, changing or omitting a note, heading, title, marginal note, diagram, map, plan or example to a bylaw; (g) omitting the preamble and long title of a bylaw; (h) omitting forms or schedules contained in a bylaw that can more conveniently be contained in a resolution, and adding to the bylaw authority for forms or schedules to be established by resolution; (i) correcting clerical, grammatical and typographical errors; (j) making changes, without changing the substance of the bylaw, to bring out more clearly what is considered to be the meaning of a bylaw or to improve the expression of the law. Revision may consolidate existing bylaws into municipal code 280.3 (1) Subject to this Act, a bylaw under section 280.2 may authorize a revision to consolidate and revise bylaw provisions respecting any or all matters within the jurisdiction of the municipality into a comprehensive general bylaw. (2) Without limiting the authority of a council under subsection (1), a comprehensive general bylaw consolidated under that subsection may be cited as provided in section 259.1. (3) Changes to a comprehensive general bylaw consolidated under subsection (1) are subject to all requirements that would apply to the exercise of the powers by separate bylaws. Bylaw required to adopt revision 280.4 (1) In order to be effective, a revised bylaws must be adopted by bylaw. (2) Before a bylaw under subsection (1) is given third reading, the municipal officer assigned responsibility under section 198 [corporate administration] must certify that the proposed revised bylaw has been revised in accordance with the bylaw authorizing the revision. (3) After a proposed revised bylaw is certified under subsection (2) and before it is adopted, it may only be amended if the change made by the amendment is in accordance with the bylaw authorizing the revision. (4) A bylaw under subsection (1) must specify the date on which the revised bylaw is to come into force. (5) A revised bylaw adopted under this section is deemed to have been adopted as if all requirements respecting the approval and adoption of the bylaw provision for which a provision in the revised bylaw is substituted have been met. Effect of revised bylaws 280.5 (1) When a revised bylaw comes into force, the bylaw provisions that it revises are repealed to the extent that they are incorporated in the revised bylaw. (2) A reference in an enactment or document to a provision of a bylaw that has been repealed under subsection (1) is deemed, in respect of any transaction, matter or thing occurring after the revised bylaw comes into force, to be a reference to the provision of the revised bylaw that has been substituted for the repealed provision. (3) A revised bylaw does not operate as new law but has effect and must be interpreted as a consolidation of the law contained in the bylaw provisions replaced by the revised bylaw. (4) To the extent that a provision of a revised bylaw has the same effect as the provision of a previous bylaw for which it is substituted, the provision of the revised bylaw operates retrospectively as well as prospectively and is deemed to have come into force on the date on which the previous bylaw provision came into force. (5) If a provision of a revised bylaw does not have the same effect as the provision of a previous bylaw for which it is substituted, (a) the provision of the previous bylaw prevails with respect to all transactions, matters and things occurring before the date on which the revised bylaw comes into force, and (b) the provision of the revised bylaw prevails with respect to all later transactions, matters and things. Correction of revision errors 280.6 (1) If an error is made in the revision of a bylaw and the revised bylaw has been adopted under section 280.4, the error may be corrected by bylaw in accordance with the bylaw authorizing the revision. (2) A bylaw under subsection (1) is deemed to have been adopted as if all requirements respecting the approval and adoption of a bylaw provision for which the provision in the revised bylaw was substituted have been met. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 7 - Legal Proceedings Division 1 - Proceedings by Municipality Actions by municipality 281 (1) A bylaw adopted under this Act may be enforced by a proceeding in the Supreme Court, and the breach of this Act or a bylaw, resolution or regulation of a council may be restrained by a proceeding in the Supreme Court whether or not a penalty has been imposed for the breach. (2) A civil proceeding to enforce, or to prevent or restrain the breach of, a bylaw, resolution or regulation of a council or a provision of this Act, or relating to any damage to or interference with a highway or property of a municipality, may be brought in the name of the municipality. (3) It is not necessary that the Provincial government, the Attorney General or an officer of the Provincial government be plaintiff to a proceeding referred to in subsection (2). (4) In a proceeding referred to in subsection (2), the municipality must serve a copy of the originating documents on the Attorney General (a) before the end of the time limited for appearance by the defendant, or (b) within a further time that may be allowed by the court. Municipality may restrain breach of Act or bylaw 282 (1) If a building is erected, altered or used, or land is altered or used, in contravention of this Act or a bylaw under this Act, the municipality may commence a court proceeding at its own instance to restrain the contravention. (2) The authority under subsection (1) is in addition to any other remedy or penalty provided by or under this Act. Recovery of utility rates by legal remedy of distress 283 (1) In addition to other remedies in this Act for the collection and recovery of gas, electrical energy or water rates authorized by this Act, the payment of those rates may be enforced by distress and sale of the goods and chattels of the person owing the rates wherever those chattels are found in the municipality. (2) The costs chargeable in relation to distress under this section are those payable under the Rent Distress Act, unless another scale is provided under this Act. Scale of costs on distress 284 A council may, by bylaw, regulate and alter the scale of costs payable in cases of distress under this Act. Division 2 - Proceedings against Municipality Limitation period for actions against municipality 285 All actions against a municipality for the unlawful doing of anything that (a) is purported to have been done by the municipality under the powers conferred by an Act, and (b) might have been lawfully done by the municipality if acting in the manner established by law, must be commenced within 6 months after the cause of action first arose, or within a further period designated by the council in a particular case, but not afterwards. Immunity unless notice given to municipality after damage 286 (1) A municipality is in no case liable for damages unless notice in writing, setting out the time, place and manner in which the damage has been sustained, is delivered to the municipality within 2 months from the date on which the damage was sustained. (2) In case of the death of a person injured, the failure to give notice required by this section is not a bar to the maintenance of the action. (3) Failure to give the notice or its insufficiency is not a bar to the maintenance of an action if the court before whom it is tried, or, in case of appeal, the Court of Appeal, believes (a) there was reasonable excuse, and (b) the defendant has not been prejudiced in its defence by the failure or insufficiency. Immunity for individual municipal public officers 287 (1) In this section, "municipal public officer" means any of the following: (a) a member of a council; (b) a director of a regional board; (c) a trustee of an improvement district; (d) a member of (i) a civic commission under Division 2 of Part 18, (ii) a library board under the Library Act, or (iii) a community heritage commission under section 953; (e) a commissioner for a local community commission under section 838; (f) a member of any greater board or of any board that provides similar services and is incorporated by letters patent; (g) a member of an advisory planning commission under section 898; (h) a member of a board of variance under section 899; (i) a member of the Okanagan-Kootenay Sterile Insect Release Board or an officer or employee of that board; (j) a member of the Okanagan Basin Water Board; (k) a trustee of a body of the Islands Trust under the Islands Trust Act; (l) an officer or employee of a municipality, regional district, improvement district, library board under the Library Act, a greater board referred to in paragraph (f), the trust council under the Islands Trust Act or the Okanagan Basin Water Board; (m) an election official within the meaning of Part 3 and a regional voting officer under section 167; (n) a volunteer firefighter or a special constable; (o) a volunteer who participates in the delivery of services by a municipality, regional district or a body referred to in paragraphs (c) to (k) under the supervision of an officer or employee of the municipality, regional district or any of those bodies; (p) a member of a board of cemetery trustees established or appointed by a municipality under the Cemetery and Funeral Services Act. (2) No action for damages lies or may be instituted against a municipal public officer or former municipal public officer (a) for anything said or done or omitted to be said or done by that person in the performance or intended performance of the person'sduty or the exercise of the person's power, or (b) for any alleged neglect or default in the performance or intended performance of that person's duty or exercise of that person's power. (3) Subsection (2) does not provide a defence if (a) the municipal 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. (4) Subsection (2) does not absolve any of the corporations or bodies referred to in subsection (1) (a) to (j) from vicarious liability arising out of a tort committed by any of the individuals referred to in subsection (1) for which the corporation or body would have been liable had this section not been in force. Defence for local government financial administrator 287.1 It is a good defence to any action brought against the officer assigned responsibility under section 199 [financial administration] for unlawful expenditure of local government funds if it is proved that the individual gave a written and signed warning to the council or board that, in his or her opinion, the expenditure would be unlawful. Immunity against certain nuisance actions 288 A municipality, council, regional district, board or improvement district, or a greater board, is not liable in any action based on nuisance or on the rule in the Rylands v. Fletcher case if the damages arise, directly or indirectly, out of the breakdown or malfunction of (a) a sewer system, (b) a water or drainage facility or system, or (c) a dike or a road. Immunity in relation to failure to enforce building bylaws 289 A municipality or a member of its council, a regional district or a member of its board, or an officer or employee of a municipality or regional district, is not liable for any damages or other loss, including economic loss, sustained by any person, or to the property of any person, as a result of neglect or failure, for any reason, to enforce, by the institution of a civil proceeding or a prosecution, a bylaw under Part 21 or a regulation under section 692 (1). Limitation on municipal liability regarding building plan approval 290 (1) If a municipality issues a building permit for a development that does not comply with the Provincial building code or another applicable enactment respecting safety, the municipality must not be held liable, directly or vicariously, for any damage, loss or expense caused or contributed to by an error, omission or other neglect in relation to its approval of the plans submitted with the application for the building permit if (a) a person representing himself or herself as a professional engineer or architect registered as such under Provincial legislation certified, as or on behalf of the applicant for the permit, that the plans or the aspects of the plans to which the non-compliance relates complied with the then current building code or other applicable enactment to which the non-compliance relates, and (b) the municipality, in issuing the building permit, indicated in writing to the applicant for the permit that it relied on the certification referred to in paragraph (a). (2) Subsection (1) does not apply if a municipality knew that the person making the certification referred to in that subsection was not, at the time of certification, registered as a professional engineer or architect under Provincial legislation. Proceedings against municipality in relation to actions of others 291 (1) This section applies to a proceeding brought against a municipality to recover damages sustained by reason of an obstruction, excavation, cellar or opening in or adjoining a street, lane, square, public highway or bridge placed, made, left or maintained by a person other than an employee or agent of the municipality. (2) The municipality has a remedy over against the person referred to in subsection (1), and may enforce payment accordingly of any damages and costs that the plaintiff may recover against the municipality. (3) The municipality is only entitled to the remedy over if (a) the person referred to in subsection (1) is made a party to the proceeding, and (b) it is established as against that person that the damages were sustained because of an obstruction, excavation, cellar or opening placed, made, left or maintained by the person added as a defendant or third party. (4) The person referred to in subsection (1) may defend the proceeding against the plaintiff's claim and that of the municipality. (5) The court may order costs to be paid by or to any party or on any claim set up as in other cases. Section Repealed 292 [Repealed 1997-25-71.] Division 3 - Enforcement of Orders against Municipality Writ of execution against municipality 293 (1) A writ of execution against a municipality may be endorsed with a direction to the sheriff to levy its amount by rate, and the proceedings on it are to be as provided in this Division. (2) A writ of execution against a municipality must not be issued without leave of the Supreme Court, which may (a) permit its issue at a time and on conditions the court considers proper, or (b) refuse to permit it to be issued or suspend action under it on terms and conditions the court thinks proper or expedient, having regard to the reputed insolvency of the municipality and the security afforded to the person entitled to the judgment by the registration of the judgment. (3) On being satisfied by affidavit by a competent person on behalf of the municipality that the municipality intends to appeal with due diligence from the judgment, the court may refuse to permit a writ of execution for costs to be issued unless security is given to the satisfaction of the court by the person to whom the costs are payable for their repayment to the municipality in the event the judgment is reversed or varied on appeal. Copy of writ to be left with municipal officer 294 The sheriff must deliver to the municipal officer assigned responsibility under section 198 [corporate administration], or leave at the office or dwelling house of that officer, (a) a copy of the writ of execution and endorsement, and (b) a statement in writing of the sheriff's fees, and of the amount required to satisfy the execution, including in the amount the interest calculated to a day as near as is convenient to the date of the delivery. Tax to be levied if amount not paid 295 (1) If the amount, with interest on it from the day mentioned in the statement under section 294, is not paid to the sheriff within one month after service under that section, the sheriff must (a) examine the assessment rolls of the municipality, and (b) establish a rate sufficient to cover the amount due on the execution, with an addition to it that the sheriff believes sufficient to cover the interest and the sheriff's own fees. (2) The rate under subsection (1) must be established in like manner as rates are established for general municipal purposes, but without limiting the amount of the rate. (3) After establishing the rate, the sheriff must (a) issue a direction to the collector of the municipality, (b) attach to the direction either the roll of the rate or particulars of it, and (c) after (i) stating the writ, (ii) stating that the municipality had neglected to satisfy it, and (iii) referring to the roll or the particulars, direct the collector to levy the rate promptly. Payment of amount levied 296 (1) If at the time of levying a rate under a direction of the sheriff the tax demand notices for that year have not been issued, the collector must add a column on the notices, headed "Execution Rate in A.B. v. the Corporation", and must insert in it the amount required to be levied under the direction. (2) If subsection (1) does not apply, the collector must proceed to issue separate tax demand notices for the execution rate. (3) The collector must with all due diligence return to the sheriff the direction with the amount levied. (4) After satisfying the execution and all fees on it, the sheriff must pay any surplus within 10 days after receiving it to the municipal officer assigned responsibility under section 199 [financial administration], for the general purposes of the municipality. Officers of municipality as officers of court 297 (1) For all purposes connected with carrying into effect, or permitting or assisting the sheriff to carry into effect, the provisions of this Act for executions, the municipal officers assigned responsibility under section 198 [corporate administration] and section 199 [financial administration] and the collector are deemed to be officers of the court in which the writ was issued. (2) As officers of the court, the officials referred to in subsection (1) are amenable to the court, and may be proceeded against by attachment, or otherwise, to compel them to perform their duties. Certain municipal property exempt from seizure 298 The corporate seal, tools, machinery, equipment and records, office furniture, fixtures and fittings of a municipality are exempt from forced seizure or sale by any process of law. Division 4 - Miscellaneous Municipalities may join in litigation 299 The councils of 2 or more municipalities may, by bylaws adopted without the assent of the electors, join together in any litigation when considered expedient and share in the costs of the litigation. Self insurance by local governments 300 (1) A municipality may, with another municipality or with a regional district or improvement district, (a) enter into a scheme of self insurance protection under section 187 of the Financial Institutions Act or under the Insurance (Captive Company) Act, or (b) with the consent of the Superintendent of Financial Institutions, enter into a joint scheme of self insurance protection. (2) Subsection (1) applies to a regional district or an improvement district. (3) In a regional district, a scheme under subsection (1) may have a single deductible for any number of services. Appeal from decision of registrar of land titles 301 (1) If a person is dissatisfied with a decision of the registrar of land titles, that is to say, (a) a refusal of the registrar of land titles to effect registration in accordance with the tenor of an application for registration, or (b) any other act, omission, decision, direction or order in respect of matters contained in this Act, the person may, in writing, require the registrar to provide to the person the reason for the decision, in writing signed by the registrar. (2) Within 21 days after receipt of the registrar's reasons under subsection (1), the person may apply to the Supreme Court on a petition by way of appeal from the registrar's decision. (3) Sections 309 and 310 of the Land Title Act apply to an appeal under subsection (2). [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 8 - Special Municipal Powers Relating to Property Division 1 - Reservation and Dedication of Real Property Power to reserve municipal land for public purpose 302 (1) A council may, by bylaw, reserve for a particular municipal or other public purpose land owned by the municipality. (2) A reservation under subsection (1) may be removed by a bylaw adopted by an affirmative vote of at least 2/3 of the council members. (3) Before adopting a bylaw under subsection (2), the council must provide the electors with a counter petition opportunity. Power to dedicate municipal land for public purpose 303 (1) A council may, by bylaw with the assent of the electors, dedicate for a municipal or other public purpose real property owned by the municipality. (2) Despite subsection (1), the assent of the electors is not required for the dedication, by any means, of real property (a) for highways, or (b) for any other public purpose if the real property is 5 000 m2 or less in area. Power to cancel the dedication of a highway 304 (1) A council may, by bylaw, (a) cancel the dedication of a highway or portion of a highway that has been stopped up and closed to traffic under section 541 (1) (b)[general powers in relation to highways and public works], and (b) rededicate the highway or portion of a highway as a park or public square. (2) Before adopting a bylaw under this section, the council must hold a public hearing in accordance with section 890. (3) On adopting a bylaw under this section, the council must file in the land title office a copy of the bylaw and a reference plan of the rededicated area. (4) As an exception to subsection (3), the registrar of land titles may accept an explanatory plan instead of the reference plan referred to in that subsection if the registrar is satisfied that the rededicated area is satisfactorily shown on the explanatory plan. (5) A bylaw under this section does not operate to effect a rededication of a highway that was dedicated by the deposit of a subdivision or reference plan in the land title office if (a) the owner of the land at the time the plan was deposited is the owner of all of the parcels created by the plan, and (b) the highway has not been developed for its intended purpose. Effect of reservation and dedication 305 (1) A reservation bylaw under section 302 or a dedication bylaw under section 303 does not commit or authorize a local government to proceed with implementation of the purpose for which the property is reserved or dedicated. (2) All bylaws enacted or works undertaken by a local government directly affecting property that is reserved under section 302 or dedicated under section 303 must be consistent with the purpose for which the property is reserved or dedicated. Division 2 - Municipal Forest Reserves Establishment of municipal forest reserve 306 (1) Despite this Act or any law, a council may, by bylaw adopted with the assent of the electors, set aside as a municipal forest reserve land owned by the municipality that the council believes is suitable for reforestation purposes. (2) A council may, by bylaw adopted by an affirmative vote of at least 2/3 of its members but without the assent of the electors, set aside and include within a municipal forest reserve established under this section any land owned or held by the municipality. Sale or lease of municipal forest reserve 307 (1) As a limitation on section 176 (1) (d) [corporate powers -- property], a council must not sell or lease land set aside as a municipal forest reserve except as provided in this Division. (2) A council may, by bylaw, withdraw land from a municipal forest reserve if the council has provided a counter petition opportunity in relation to the proposed bylaw. (3) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under subsection (2) of this section must state (a) the purpose for which the council intends to withdraw the land from the municipal forest reserve, and (b) if this is in relation to a sale of the land, the price that is to be received. (4) A council may, by bylaw with the assent of the electors, lease for a term not longer than 99 years, all or part of a municipal forest reserve, subject to the following: (a) the agreement must make adequate provision for the protection of the municipal forest reserve on a sustained yield basis and for protection from fire; (b) the annual rental agreed on must be based on area and current values of the annual cutting; (c) the lessee must covenant to pay normal municipal taxes on the land, and on any structure erected or placed on the land either temporarily or permanently; (d) the agreement must be embodied in the bylaw. Cutting and removal of timber 308 (1) Without limiting section 176 [corporate powers], a council may cut, sell, remove or otherwise dispose of any timber or other products from a municipal forest reserve. (2) An agreement between a municipality and a person for the cutting and removal of timber from a municipal forest reserve must (a) provide that only selected trees may be cut, (b) provide for the protection of young growth and other trees and timber, and (c) provide for protection from fire. Division 3 - Expropriation and Compensation Expropriation power 309 (1) For the purpose of exercising or performing its powers, duties and functions, a municipality may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act. (2) If a municipality expropriates real property or works under subsection (1) or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any advantage which the claimant may derive from the contemplated work. Power to expropriate water diversion licences and related works 310 Without limiting section 309, in addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, a municipality may expropriate (a) a licence authorizing the diversion of water from a stream suitable for a water supply for the municipality, and (b) any work constructed or used under authority of the licence. Entry on land to mitigate damage that may be caused by municipality 311 (1) A council may provide for entering on real property or works that the council anticipates may be injuriously affected by the exercise of any of its powers, for the purpose of carrying out, and to carry out, works of construction, maintenance or repair in mitigation of injury done or anticipated or in reduction of compensation. (2) Powers granted under subsection (1) may include, in any street grading works, removal of the substance of the adjacent land or the filling in of adjacent land to produce a grade uniform with the graded street. Compensation for non-expropriation actions 312 (1) If a municipality (a) exercises a power to enter on, break up, take or enter into possession of and use any property without the consent of the owners of the property, or injuriously affects property by the exercise of any of its powers, and (b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act, compensation is payable for any loss or damages caused by the exercise of the power. (2) For the purposes of subsection (1), compensation must be as determined and paid as soon as reasonably possible in an amount set (a) by agreement between the claimant and the municipality, or (b) if no agreement is reached, by the Expropriation Compensation Board. Funding for expropriation and mitigation 313 (1) In the absence of funds specially available for the purpose in respect of a particular project, a council may appropriate so much of the general funds of the municipality not already appropriated as may be necessary (a) to pay compensation in respect of property expropriated or injured, or (b) to carry out works referred to in section 311 [entry on land to mitigate damage]. (2) If the funds specially available or the general funds of the municipality are inadequate for the purposes referred to in subsection (1), the council may, (a) by loan authorization bylaw adopted with the approval of the inspector, borrow the required sums, or (b) by bylaw adopted with the approval of the inspector, use money from a reserve fund to the extent required. (3) Despite Part 12 [Debts and Securities], a loan authorization bylaw referred to in subsection (2) does not require the municipality to provide a counter petition opportunity. Division 4 - Other Powers Power to accept property on trust 314 (1) Without limiting section 176 [corporate powers], a council may accept any property devised, bequeathed, conveyed or otherwise transferred to the municipality, 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, a council may sell the property despite any limitations or restrictions in this Act. (3) All money held by a municipality 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 a council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the municipality, the council may apply to the Supreme Court for an order under subsection (5). (5) On an application under subsection (4), the Supreme 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 municipality. (6) Section 87 of the Trustee Act [discharge of trustee's duty] applies to an order under subsection (5). Power to convey land to school board in trust 315 Without limiting section 176 [corporate powers], a council may transfer to the board of school trustees or francophone education authority having jurisdiction in the municipality, in trust for school purposes, any land reserved or acquired by the municipality for school purposes. Sections Repealed 316 to 326 [Repealed 1998-34-51.] [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 9 - Annual Budget and Tax Rates Division 1 - Annual Budget Provisional budget 327 (1) On or before November 30 in each year, a council must direct the preparation of a provisional budget for the next year. (2) The council (a) must adopt, by bylaw, the provisional budget by January 31 in each year, and (b) may amend the provisional budget at any time after its adoption and before adoption of the annual budget. (3) Before the annual budget is adopted, it is not lawful to make an expenditure unless the expenditure is authorized by the provisional budget as prepared, adopted or amended under this section. (4) The provisional budget remains in effect until the annual budget is adopted. Annual budget 328 (1) On or before April 15 in each year, a council must direct preparation of the annual budget for the current year. (2) The annual budget must be adopted by bylaw on or before May 15 in each year. (3) An expenditure not provided for in the annual budget or in the annual budget as amended is not lawful. Capital expenditure program 329 (1) On or before May 15 in each year, a council must direct the preparation of and adopt, by bylaw, a capital expenditure program for a period of at least 5 years. (2) A capital expenditure program under subsection (1) must show estimates of the proposed source and application of funds for capital purposes for each year of the program. (3) An adopted capital expenditure program, including amendments, remains in force until a new program is adopted in the following year. (4) [Repealed 1997-25-77.] Division 2 - Annual Tax Rates Definitions 330 In this Division: "general municipal purposes" means the objects referred to in section 331 (1) (a), (b) or (c); "property class" means a class of property prescribed under section 19 (14) of the Assessment Act. Annual rates bylaw 331 (1) On or before May 15 in each year, subject to this Act, a council must adopt a bylaw to impose rates on all taxable land and improvements according to their assessed value in order to provide the money required for the following purposes: (a) all lawful general purposes of the municipality, including provision for uncollectable taxes and for taxes that it is estimated will not be collected during the year, but excluding money required under bylaws for (i) the payments of interest and principal of municipal debt, (ii) the municipal share of the regional hospital district expenses, or (iii) charges for which there is another specific payment provision in this Act; (b) during the current year, under bylaw, payments of interest and principal on municipal debt for which there is no other provision; (c) amounts to be paid during the current year into a special reserve fund established under section 499; (d) the money that, when added to the balance in the hospital rate account from the previous year, is sufficient for the municipal share of the regional hospital district expenses and the debt incurred for hospital purposes, according to the requisition submitted to the council by the regional hospital board; (e) the money that, when added to the balance remaining in the district rate account from the previous year, is sufficient for the ordinary expenditures, including the municipal share of interest and principal on debt incurred, of an improvement district of which the municipality or part of it forms a part, and for which the municipality, either by statute or agreement, is required to impose a rate; (f) the money that, when added to the amount remaining in the regional district rate account from the previous year, is sufficient for the municipal share of the expenses and debt payments of the regional district, according to the requisition submitted by the regional board; (g) the money that, when added to the balance remaining in the Islands Trust rate account, is sufficient for the municipal share of the expenses of the trust, according to the requisition submitted by the minister under the Islands Trust Act. (2) In any year, excess money produced under the following provisions of subsection (1) must be dealt with as follows: (a) excess money produced under subsection (1) (d) must be held at the credit of the hospital rate account to be used in partial payment of the district's requisition for the next year; (b) excess money produced under subsection (1) (e) must be held at the credit of a district rate account to be used in partial payment of the amount required for the next year; (c) excess money produced under subsection (1) (f) must be held at the credit of the regional district rate account to be used in partial payment of the amount requisitioned for the next year. Variable property tax rate system 332 (1) Despite the provisions of any Act or letters patent, a council that imposes, by bylaw, tax rates on taxable land and improvements based on (a) their assessed value, or (b) their value as determined under a bylaw adopted under section 336, must adopt a variable tax rate system under which individual rates are determined and imposed for each property class. (2) Subsection (1) applies whether the tax is imposed for general municipal purposes or for other purposes and, without limiting this, that subsection applies to a bylaw adopted (a) for the purposes of providing money required for one or more objects referred to in section 331 (1), or (b) under section 646. Limits on variable tax rate system 333 (1) The Lieutenant Governor in Council may make regulations respecting the variable tax rate system provided for in section 332, including regulations doing one or more of the following: (a) prescribing limits on tax rates; (b) prescribing relationships between tax rates; (c) prescribing formulas for calculating the limits or relationships referred to in paragraph (a) or (b); (d) allowing the inspector under prescribed circumstances to vary, by order, the limits, relationships or formulas prescribed under any of paragraphs (a) to (c). (2) The Lieutenant Governor in Council may prescribe under subsection (1) different tax limits, relationships or formulas for each class of property, different municipalities or different classes of municipality. (3) The Lieutenant Governor in Council may make different regulations under subsection (1) for one or more of the following: (a) the taxation of land or improvements, or both, based on assessed value or the value determined under a bylaw adopted under section 336, for general municipal purposes; (b) the taxation of land and improvements, based on assessed value or the value determined under a bylaw adopted under section 336, for other than general municipal purposes, including, but not limited to, taxation under section 331 (1) (d), (e), (f) and (g); (c) the taxation of land and improvements under section 646, based on assessed value or the value determined under a bylaw adopted under section 336. (4) The Lieutenant Governor in Council may only make a regulation under subsection (1) (a), (b), (c) or (d), or under section 374.3 (1) (a), (b) or (c) of the Vancouver Charter, after the minister has consulted with representatives of the Union of British Columbia Municipalities respecting the proposed regulation. Basis of tax levy 334 (1) The rates authorized under section 331 (1) (a), (b) and (c) must be levied on the assessed value of land and improvements for general municipal purposes. (2) The rates authorized under section 331 (1) (d) and (g) must be levied on the full assessed value of land and improvements on the basis provided by section 26 of the Hospital District Act. (3) The rates authorized under section 331 (1) (e) may, in the discretion of the council, be levied on the basis selected by the trustees of the improvement district for other land in that district, or may be levied on a basis permitted by subsection (1). (4) The rates authorized under section 331 (1) (f) must be levied, (a) in the case of rates in respect of a regional district service for which the basis is set out in the establishing bylaw for the service, in accordance with that bylaw, and (b) in other cases, on the basis provided in subsection (1). Minimum amount of tax 335 The minimum amount of tax under sections 330 to 334 in any year on a parcel of real property is $1. Assessment averaging and phasing bylaws 336 (1) Instead of imposing tax rates on the assessed value of land and improvements, the council may, by bylaw, impose the rates on either of the following: (a) on the sum of (i) the average of the assessed value of the land in the current year and the 2 preceding calendar years, and (ii) the assessed value of improvements in the current year; (b) on the sum of (i) the assessed 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 assessed 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 municipality included in the same property class, and (ii) the assessed value of improvements in the current year. (2) A council must not adopt a bylaw under subsection (1) unless the following requirements are met: (a) the council conforms to the requirements of any regulations made under section 337; (b) before January 1 of the year in which the bylaw is to take effect, notice of intent to consider the bylaw is provided to the inspector and to the assessment commissioner; (c) after January 1 of the year in which the bylaw is to take effect and at least 2 weeks before the adoption of the bylaw, a notice that contains the prescribed information and that describes the estimated effect of the bylaw on the taxation of sample properties within the municipality is published in 2 consecutive issues of a newspaper; (d) the bylaw is adopted before March 31 in the year in which it is to take effect; (e) the bylaw establishes a procedure to allow property owners to complain to the local court of revision about errors made in applying the bylaw to their property. (3) Subject to any regulation under section 337, a bylaw 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 formula in subsection (1) (b) to exempt from the bylaw or govern the application of the bylaw to particular types of property within a property class. (4) The authority under subsection (3) (b) includes authority in relation to property the assessed value of which is not the same as on the previous assessment roll as the result of one or more of the following: (a) an error or omission; (b) a subdivision or consolidation or a new development to, on or in the land; (c) a change in (i) physical characteristics, (ii) zoning, (iii) the classification of the property under section 19 (14) of the Assessment Act, or (iv) the eligibility of the property for assessment under section 19 (8), 23 or 24 of the Assessment Act; (d) any other prescribed factor. (5) On the initiative of the collector or on the request of an assessed owner who is notified under section 378 (5) of adjustments to the assessed value of the owner's property, the collector may correct errors made in applying the bylaw to any property. (6) If a council adopts a bylaw under subsection (1), the following rules apply: (a) the assessed value or the net taxable value must continue to be the basis for determining the amount of money to be raised in the municipality for the purposes of the following: (i) section 331 (1) (d) to (g) of this Act; (ii) sections 119 and 137 of the School Act; (iii) section 17 of the Assessment Authority Act; (iv) sections 15 and 17 of the Municipal Finance Authority Act; (v) sections 14 and 17 of the British Columbia Transit Act; (vi) any other prescribed enactment; (b) the value determined under the bylaw, and not the assessed value or the net taxable value referred to in this or any other Act, must be the basis for taxing properties within the property classes specified in the bylaw to raise the money required under the provisions referred to in paragraph (a). (7) If (a) a body other than the council sets a rate under an enactment for calculating property taxes, and (b) the council adopts a bylaw under this section, then, despite any other Act, the council must, by resolution, substitute a rate that is sufficient to raise the same amount of revenue in the municipality for that body from each property class to which that bylaw applies as the amount that would have been raised for that body had that bylaw not been adopted. (8) If the amount of revenue raised in any year for a body under subsection (7) exceeds the amount that would have been raised had the council not substituted the rate, the excess revenue must be held by the council to the credit of the body for the purpose of reducing the rate for the next year. Limits on averaging and phasing bylaws 337 The Lieutenant Governor in Council may make regulations as follows: (a) restricting the property classes to which a bylaw under section 336 may apply; (b) defining any term used in section 336; (c) governing the way in which the averaging formula in section 336 (1) (a) or the phasing formula in section 336 (1) (b) may be modified to exempt from the bylaw or govern the application of the bylaw to particular types of property within a property class, including property referred to in section 336 (4); (d) prescribing the information to be contained in the notice that is to be published under section 336 (2) (c); (e) prescribing factors for the purposes of section 336 (4) and enactments for the purposes of section 336 (6). Date on which tax imposed 338 The taxes imposed for any year must be considered imposed on January 1 of the then current year, unless expressly provided otherwise by the enactment or bylaw imposing them. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 10 - Assessment and Taxation Division 1 - Exemptions General exemptions from taxation 339 (1) Unless otherwise provided in this Act, the following property is exempt from taxation to the extent indicated: (a) land, improvements or both vested in, or held by, the Provincial government or the municipality; (a.1) land, improvements or both vested in, or held by, the municipality jointly with another municipality or a regional district; (b) land, improvements or both exempt from municipal taxation by another Act; (c) land, improvements or both of an established public library under the Library Act; (d) land, improvements or both of an Indian, in a municipality incorporated under section 12 (1), who is an owner under the letters patent, except taxation under section 331 (1) (a), (b) and (c); (e) land, improvements or both in a municipality, other than a municipality incorporated under section 12 (1), held in trust by the Crown for a band of Indians unless leased to or occupied by a person who is not a member of the band; (f) a cemetery under the Cemetery and Funeral Services Act actually used and occupied for the interment of the dead or designated an approved interment area by the registrar under that Act; (g) a building set apart for public worship, and the land on which the building stands, together with (i) any church hall considered by the council to be necessary to the exempted building, and the land on which the church hall stands, and (ii) any area of land surrounding the exempted building, an exempted hall, or both, that the council may, by bylaw, exempt; (h) a building that was constructed or reconstructed with the assistance of aid granted by the Provincial government after January 1, 1947 but before April 1, 1974 and that is owned and used exclusively without profit by a corporation to provide homes for elderly citizens, together with (i) the land on which the building stands, and (ii) any area of land surrounding the exempted building that the council may, by bylaw, exempt; (i) a building set apart and used solely as a hospital under the Hospital Act, except a private hospital under that Act, together with (i) the land on which the building stands, and (ii) any area of land surrounding the building, not including land exempted under the Hospital Act or Hospital District Act, that the council may, by bylaw, exempt; (j) land and improvements for future hospital requirements that are (i) designated for the purposes of this section by the Minister of Health, and (ii) vested in, or held by, a society or corporation that is not operated for profit and that has as an object the operation of a hospital; (k) a building owned by an incorporated institution of learning that is regularly giving children instruction accepted as equivalent to that given in a public school, in actual occupation by the institution and wholly in use for the purpose of giving the instruction, together with (i) the land on which the building stands, and (ii) any area of land surrounding the exempted building that the council may, by bylaw, exempt as being reasonably necessary in connection with that building; (l) fruit trees; (m) improvements, other than dwellings and the fixtures, machinery and similar things mentioned in paragraph (n), erected on farm land and used exclusively to operate a farm, up to but not exceeding an assessed value of $50 000; (n) fixtures, machinery and similar things located on farm land and used exclusively to operate the farm that, if erected or placed, in or on land, a building or fixture or structure in or on it, would, as between landlord and tenant, be removable by the tenant; (o) an improvement designed, constructed or installed to provide emergency protection for persons or domestic animals in the event of a disaster or emergency within the meaning of the Emergency Program Act; (p) sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminators; (q) to the extent established by subsection (3), land and improvements that were exempted for the 1996 taxation year under a pollution abatement provision, if (i) the land and improvements were exempted under that provision for the 1996 taxation year on final determination under the Assessment Act, and (ii) as applicable, (A) for an exemption in relation to land only, the land continues to be exclusively or primarily used for the purpose of abating pollution, (B) for an exemption in relation to improvements only, the improvements continue to be exclusively or primarily used for the purpose of abating pollution, or (C) for an exemption in relation to land and improvements, the land and improvements continue to be exclusively or primarilyused for the purpose of abating pollution; (r) a floating dry dock, other than the onshore facilities of the floating dry dock, if the floating dry dock has a lift capacity greater than 20 000 tonnes. (2) Septic disposal systems are not exempt from taxation under this section. (3) The amount of an exemption under subsection (1) (q) for a taxation year is limited to the portion of the assessed value of land and improvements that is the least of the following: (a) the portion that the assessment commissioner, in his or her discretion, determines is attributable to the use of pollution abatementfor that taxation year, subject to final determination under the Assessment Act; (b) the portion that was exempted for pollution abatement purposes for the immediately preceding taxation year on final determination under the Assessment Act; (c) the portion that was exempted for the 1996 taxation year on final determination under the Assessment Act. (4) In this section, "final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by supplementary assessment roll, by correction of a Court of Revision, on complaint to a Court of Revision or on further appeal; "pollution abatement provision" means section 339 (1) (q) of this Act, section 15 (1) (s) of the Taxation (Rural Area) Act or section 396 (1) (e.01) of the Vancouver Charter, as those provisions read before their repeal and replacement by the Budget Measures Implementation Act, 1997. Qualifications and exceptions to the general exemptions 340 (1) An exemption is not allowed under section 339 (1) (g) unless title to the land is registered in the name of (a) the religious organization using the building, (b) trustees for the use of that organization, or (c) a religious organization granting a lease of the building and land to be used solely for public worship. (2) If only a portion of a parcel of land is exempt under section 339 (1) (g), (h), (i) or (k), the council must (a) adopt a bylaw that (i) describes the exempt land by metes and bounds, and (ii) has attached to it as an appendix a plan showing the portion of the land exempt and the portion taxable, and (b) file the bylaw in the proper land title office. (3) If a council considers that a use exists that, but for a secondary use, would otherwise qualify for exemption, the council may, by bylaw adopted by 2/3 of its members, determine the proportions of the land and improvements that are to be exempt and taxable. (4) A bylaw or resolution adopted under section 339 (1) or this section after October 31 in any year is not effective for taxation in the next calendar year. (5) An exemption under section 339 (1) (b) to (o) and the municipal property portion of section 339 (1) (a) does not include exemption from a charge under section 575 (1) (a) or (c), 577, 601 or 602 (1) (a), (b) or (c). (6) An exemption under section 339 (1) (c), (f), (g), (h) or (k) and the municipality portion of section 339 (1) (a) extends only to taxation under section 331 (1). (7) Section 8 of the Cemetery Company Act, R.S.B.C. 1979, c. 46, does not apply to a frontage tax within the meaning of sections 429 and 430 or a parcel tax within the meaning of section 431. Exemptions by council 341 (1) On or before October 31 in any year, a council may, by bylaw adopted by 2/3 of its members, exempt land or improvements referred to in subsection (2), or both, from taxation under section 331 (1) (a), (b), (c) and (d) (a) for the next calendar year, or (b) with the assent of the electors, for a period not longer than 10 years. (2) The following may be exempted under subsection (1): (a) land or improvements owned or held, maintained and operated as a park or recreation ground or for athletic or recreational purposes by another municipality; (b) land or improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes; (c) land or improvements not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used exclusively for charitable or philanthropic purposes; (d) land or improvements owned and used exclusively by a horticultural or agricultural society; (e) land or improvements owned and used for water purposes by another municipality; (e.1) land or improvements, in whole or in part, owned by another municipality and used for a port or a small boat harbour, shelter or marina; (f) land or improvements, in whole or in part, owned by another municipality and used for an airport, seaplane base or landing area foraircraft; (g) land or improvements owned or held by a person or organization and operated as a private hospital licensed under the Hospital Act or an institution licensed under the Community Care Facility Act; (h) land or improvements, in whole or in part, for which a grant has been made, after March 31, 1974, under the Housing Construction (Elderly Citizens) Act; (i) land or improvements not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used as an art gallery, museum or for other cultural purposes; (j) land or improvements not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used as a search and rescue facility; (k) land or improvements used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall which the council considers necessary to the church; (l) land acquired for water purposes by another municipality but not actually in use for any purpose; (m) the interest in school buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as licensee or tenant of a board of school trustees; (m.1) the interest of a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees; (m.2) the interest in school buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as tenant or licensee of a francophone education authority; (n) the interest in municipal buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as a licensee or tenant of the municipality; (o) the part of a property that is taxable under section 129 of the School Act and used by a non-profit organization. Exemptions for heritage properties 342 (1) In this section and section 343, "eligible heritage property" means property that is (a) protected heritage property, (b) subject to a heritage revitalization agreement under section 966, or (c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property. (2) Despite section 182 [prohibition against assistance to business] 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 a council may, by bylaw 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 taxation under section 331 (1) (a), (b), (c) and (d); (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 taxation under one or more of section 331 (1) (a), (b), (c) and (d) for the same period of time as the exemption is made under paragraph (a) of this subsection; (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 bylaw under subsection (2) may provide a tax exemption (a) for the next calendar year, or (b) if the bylaw 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) A bylaw under subsection (2) is deemed to have been approved by the electors if the council provides a counter petition opportunity in relation to the proposed bylaw and the counter petition is not sufficient. (4.1) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under subsection (4) of this section must (a) identify the eligible heritage property that would be subject to the bylaw, and (b) describe the exemption that would be made for the eligible heritage property. Repayment requirement in relation to heritage exemptions 343 (1) A bylaw under section 342 may provide that, if any of the following circumstances as specified in the bylaw occur, the council may require the owner of the eligible heritage property at that time to pay to the municipality the amount referred to in subsection (2): (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 bylaw occur. (2) The amount that may be required under subsection (1) is the amount equivalent to (a) the total taxes exempted under the bylaw under section 342, plus (b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 369 for taxes in arrear. (3) A bylaw under section 342 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 bylaw applies. (4) If a bylaw under section 342 includes a provision under subsection (1), within 30 days after the bylaw is adopted the council must have notice of the bylaw filed in the land title office in accordance with section 976. (5) If a bylaw under section 342 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the council may, by bylaw adopted by at least 2/3 of the votes cast, either (a) require the owner to pay the amount referred to in subsection (2), or (b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2). (6) If a council does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2). (7) If a council adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the council may (a) add the amount referred to in subsection (2) to the taxes for the current year payable to the municipality in relation to the eligible heritage property, or (b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the municipality. Exemptions for riparian property 343.1 (1) In this section and section 343.2: "eligible riparian property" means property that meets all the following requirements: (a) the property must be riparian land; (b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property; (c) the municipality granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made; (d) any other requirements prescribed under subsection (6); "eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of (a) the area of the eligible riparian property that is exempted under subsection (2) (a) to (b) the area of the parcel of land in relation to which the exemption is made. (2) Despite section 182 [prohibition against assistance to business] but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a council may, by bylaw 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 riparian property from taxation under section 331 (1) (a), (b), (c) and (d); (b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies; (c) make an exemption under this subsection subject to specified conditions. (3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area. (4) A bylaw under subsection (2) may provide a tax exemption (a) for the next calendar year, or (b) if the bylaw receives the assent of the electors or is approved by the electors in accordance with subsection (5), for a specified period not greater than 10 years. (5) A bylaw under subsection (2) is deemed to have been approved by the electors if the council provides a counter petition opportunity in relation to the proposed bylaw and the counter petition is not sufficient. (5.1) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under subsection (5) of this section must (a) identify the eligible riparian property that would be subject to the bylaw, and (b) describe the exemption that would be made for the eligible riparian property. (6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property. Repayment requirement in relation to riparian exemptions 343.2 (1) A bylaw under section 343.1 may provide that, if (a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given, (b) the covenant is discharged before the end of the period of the exemption, or (c) any other circumstances specified in the bylaw occur, the council may require the owner of the eligible riparian property at that time to pay to the municipality the amount referred to in subsection (2). (2) The amount that may be required under subsection (1) is the amount equivalent to (a) the total taxes exempted under the bylaw under section 343.1, plus (b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 369 for taxes in arrear. (3) A bylaw under section 343.1 that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible riparian property to which the bylaw applies. (4) If a bylaw under section 343.1 includes a provision under subsection (1), within 30 days after the bylaw is adopted the council must have notice of the bylaw filed in the land title office, and for this purpose section 976 applies. (5) If a bylaw under section 343.1 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the council may, by bylaw adopted by at least 2/3 of the votes cast, either (a) require the owner to pay the amount referred to in subsection (2), or (b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2). (6) If a council does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2). (7) If a council adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the council may (a) add the amount referred to in subsection (2) to the taxes for the current year payable to the municipality in relation to the eligible riparian property, or (b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the municipality. Qualifications to the exemptions under sections 341, 342 or 343.1 344 (1) An exemption under section 341 or 342 may apply to the whole or a part of the taxable assessed value of land or improvements or both. (2) An exemption under section 341 (2) (b) or (c) may, in the discretion of the council, be made applicable to property the registered owner of which is a trustee for an organization that in the opinion of council would otherwise qualify for exemption. (3) A council may, by bylaw, wholly or partly exempt an owner or operator of premises described in section 341 or 342 from business tax under section 442. (4) A bylaw under section 341, 342 or 343.1 or this section ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption and, after this, the property is liable to taxation. Tax exemptions under a partnering agreement 344.1 (1) A council may, by bylaw, exempt from taxation under section 331 (1) (a), (b), (c) and (d) [annual rates bylaw -- municipal purposes, debts, special reserve funds, regional hospital district expenses], all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the municipality, during all or part of the term of the agreement. (2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose. (3) If the term of the exemption authorized in the bylaw is greater than 5 years, or a period that by exercising rights of renewal or extension could exceed 5 years, then the council must provide a counter petition opportunity in relation to the proposed bylaw. (4) An exemption under this section takes effect as follows: (a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year; (b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year. (5) An exemption under this section ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption. Exemptions for industrial or business property 345 (1) In addition to the provisions of any other Act, the Lieutenant Governor in Council may make regulations prescribing exemptions from property tax levies under any Act, in respect of prescribed (a) industrial land or industrial improvements or both, or (b) business land or business improvements or both. (2) Regulations under subsection (1) may be different for different classes of property. Exemptions for community ports and airports 346 (1) In addition to the provisions of any other Act, the Lieutenant Governor in Council may make regulations prescribing exemptions from property tax levies under any Act in respect of (a) prescribed land or improvements, or both, at prescribed community ports, and (b) prescribed improvements at prescribed community airports. (2) Regulations under subsection (1) may be different (a) for different classes of property as described in the regulations, (b) for different community ports, and (c) for different community airports. (3) An exemption under subsection (1) applies to a port or airport only for a taxation year in which it is operated as a community port or community airport, as applicable. Division 2 - Golf Course and Cemetery Valuation Agreements Definitions 347 For the purposes of this Division: "land" means land maintained as a golf course or held for cemetery purposes and not exempt from taxation under sections 339 and 340; "valuation agreement" means an agreement under section 348. Agreements for valuation of golf course or cemetery land 348 (1) Despite any Act, a council may, by agreement with the owner of land, establish an amount that, subject to this section, is deemed to be the assessed value of the land during the term of the agreement for the purposes of levying taxes other than taxes for school purposes. (2) A valuation agreement must be for a term of at least 10 years. (3) There may be separate valuation agreements for separate parcels of land. (4) The actual value of the land at the date of a valuation agreement, as determined by the assessor for the assessment roll for that year, must be set out in the agreement. (5) A valuation agreement may be renewed in accordance with the terms of the agreement. (6) A valuation agreement must set out the provisions of section 349 in the form of covenants by or provisions or conditions agreed to by the municipality and the owner, or both as appropriate, together with any other covenants, provisions and conditions agreed to and not inconsistent with this Division. (7) The council may agree to rescind or amend an agreement made under this section, including rescission or amendment of a covenant, provision or condition included by reason of subsection (6). (8) [Repealed 1997-25-80.] Covenants required for valuation agreements 349 (1) Land that is the subject of a valuation agreement must be retained and maintained during the term of the agreement for the use and purpose specified in the agreement. (2) If, during the term of a valuation agreement, the owner sells the land, the agreement is terminated and the owner is liable to the municipality for whichever of the following is greater: (a) 50% of the difference between the sale price and the actual value, if the sale price is greater than the actual value; (b) the sum calculated under subsection (3) (a). (3) If, during the term of a valuation agreement, the owner of the land sells part of the land, the agreement is terminated for the part sold, and the owner is liable to the municipality for an amount equal to the total of (a) the sum of the total taxes on all the land that is the subject of the agreement that, but for the agreement, would have been levied by the municipality, reduced by any amounts already paid to the municipality as taxes on the land, together with accrued interest on the remainder at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act, plus (b) 50% of the difference between (i) the sale price of the part sold, if it exceeds the amount determined under subparagraph (ii), and (ii) the amount that bears the same proportion to the actual value of all the land subject to the agreement that the area of the land sold bears to the area of all the land. (4) If, during the term of a valuation agreement, the owner of the land changes or permits a change of the use of all or part of the land from that specified in the agreement, the agreement is terminated for the land the use of which has changed, and the owner is liable to the municipality for taxes calculated as in subsection (3) (a). (5) The municipality has the first right to purchase land that is subject to a valuation agreement. (6) A dispute between the parties to a valuation agreement on any matter arising from the agreement must be settled under the Commercial Arbitration Act. Further liability for 10 years after end of valuation agreement 350 (1) After the end of the term of a valuation agreement, if the owner of the land that was the subject of the agreement sells or changes or permits a change in the use of the land, section 349 (2) and (3) or (4) applies, as the case may be, as if the agreement were still in force, subject to subsection (2). (2) The owner's liability under section 349 is reduced by the proportion that the number of years that have passed since the end of the agreement bears to 10. Operational details of valuation agreements 351 (1) The assessor must continue to assess land subject to a valuation agreement as if the agreement had not been made and must maintain a record of the values assessed. (2) The owner of the land subject to a valuation agreement has the usual right of complaint and appeal for an annual assessment under subsection (1). (3) A valuation agreement is registrable in the proper land title district, and on registration constitutes a charge on the land, having preference over a claim, lien, privilege or encumbrance of any person except the Crown. (4) All amounts for which an owner of land becomes liable to a municipality under this Division form a charge on the land and are collectable in the same manner and with the same remedies as ordinary taxes on land and improvements under this Act. (5) The registrar of land titles must not transfer land subject to a valuation agreement without (a) the approval of the inspector, or (b) a certificate from the designated municipal officer showing that all obligations for amounts owing by the owner under sections 347 to 350 and the valuation agreement have been discharged. Division 3 - Special Cases Forest land 352 (1) Despite this Act, land in a municipality that is forest land as defined in the Assessment Act must be so classified by the assessor and assessed under that Act, but taxed under section 331 (1). (2) The exemption provided by section 15 (1) (l) of the Taxation (Rural Area) Act applies to land in a municipality, but section 131 (2) of the School Act applies for the purposes referred to in section 331 (1) (d) and (e) of this Act. Utility and other companies 353 (1) Despite this Act, the pole lines, cables, towers, poles, wires, transformers, equipment, machinery, exchange equipment, mains, pipe lines and structures (other than buildings) erected or placed in, on or affixed to land or a building, fixture or structure in or on the land, in a municipality, of any electric light, electric power, telephone, water, gas or closed circuit television company render that company liable to taxation under subsection (2). (2) A company referred to in subsection (1) and carrying on its business in a municipality must be taxed annually at the rate of 1% as follows: (a) for a telephone or closed circuit television company, on the gross rentals received in the second preceding year from its subscribers for telephones or television service located in the municipality, including telephone interexchange tolls for calls between exchanges in the municipality; (b) for an electric light, electric power, water or gas company, on the amount received in the second preceding year by the company for electric light, electric power, water or gas consumed in the municipality. (3) Subsection (2) (b) does not apply in respect of revenue received in respect of any of the following: (a) light, power or water supplied for resale; (b) gas supplied for the operation of motor vehicles fueled by natural gas; (c) gas supplied to a gas company referred to in subsection (1), other than a gas company that is a government corporation as defined in the Financial Administration Act or a subsidiary of a government corporation. (4) A company referred to in subsection (1), whether carrying on its business in a municipality or not, must be taxed annually for general municipal taxation purposes under section 331 (1) on its improvements other than those that are used solely in a municipality or a group of adjoining municipalities by that company for local generation, transmission, distribution, manufacture or transportation of electricity, telephonic communication, water, gas or closed circuit television. (5) The land and buildings of a company referred to in subsection (1) must be taxed for general municipal taxation purposes under section 331 (1). Utility taxation details 354 (1) Subject to sections 353 (4) and (5) and 446, taxation imposed by section 353 (2) must be wholly or partly in place of (a) business licence fees and business taxes payable to the municipality by the company for the operations mentioned, and (b) municipal taxes, other than taxes for school and regional hospital district purposes, and local improvement and special rates, otherwise imposed and payable on or for its property. (2) A company liable to tax under section 353 must (a) by October 31 in each year, file with the collector a return of the revenue mentioned and received in the preceding year, and (b) by the day in the following year on which ordinary municipal taxes are payable, pay the tax imposed by section 353 (2) based on that revenue. (3) The collector must record appropriate entries, for each company liable, on the property tax roll. (4) Taxation under section 353 is subject to the same incidents, remedies and penalties as ordinary municipal taxes on land. (5) Despite section 353 or this section, in the case of a company to which these sections apply for the first time in the municipality, or part of it, (a) the company must pay the tax imposed by section 353 (2) in the second year of its operation on the basis of revenue earned in the first year, (b) the report of revenue earned in the first year must be filed before May 8 of the second year of operation, and (c) the collector must make appropriate entries for each company liable. Division 4 - Tax Liability of Occupiers of Land Definition of "occupier" 355 For the purpose of this Division, "occupier" means an occupier as defined in the Assessment Act. Taxation of Crown land used by others 356 (1) Subject to this section, land and its improvements are liable to taxation if the land is (a) owned in fee simple by the Crown or some person or organization on behalf of the Crown, and (b) held or occupied other than by or on behalf of the Crown. (2) This section does not make the following liable to taxation: (a) land or improvements otherwise exempt under section 339 (1) (b) to (l); (b) land or improvements otherwise exempt under the municipal portion of section 339 (1) (a); (c) land or improvements exempted by a bylaw under section 341, 342, 343.1, 344, 344.1 or 346; (d) a highway occupied by a utility company referred to in Division 1 or 2 of Part 17. (3) Except as provided under the Veterans' Land Act (Canada) and subsection (4), the taxes imposed on land and improvements referred to in subsection (1) (a) are a liability only of the holder or occupier, recoverable in the manner set out in this Act, and (b) are not a lien or charge on the land and improvements that are not liable to tax sale. (4) In the case of land disposed of by the Provincial government for which the Crown grant has not been registered, (a) the land, together with its improvements, is liable to tax sale, (b) the taxes imposed are a lien and charge on the land and its improvements, and (c) the provisions of this Act for assessment, taxation, recovery of taxes and tax sale apply for the purposes of this subsection. (5) If a supplementary assessment roll has been prepared under the Assessment Act for land held or occupied in the manner referred to in subsection (1), (a) the holder or occupier is liable to real property tax in the calendar year in which the holding or occupancy began for the portion of the calendar year the land was held or occupied, and (b) section 383 applies for the purposes of this subsection. (6) This section also applies to (a) improvements owned, held or occupied by or leased to, a person other than the Crown, located on land the fee of which is vested in the Crown or in some other person or organization on behalf of the Crown, and (b) land held in trust for a band of Indians and occupied, other than in an official capacity, by a person who is not an Indian. Taxation of municipal land used by others 357 (1) If the fee simple of land is vested in a municipality but the land is held or occupied other than by or on behalf of the municipality, the rules for taxation of Crown land used by others, as set out in section 356 (1), (2), (3) and (6) (a), apply to the land and its improvements and make them liable for taxation. (2) This section does not apply to land or improvements that are exempt from taxation by the municipality under the terms of a lease agreement entered into before July 1, 1957. Taxation of occupier of exempt land 358 An occupier of land in the municipality assessed under section 27 of the Assessment Act is subject to taxation in the same manner as an occupier of land taxed under section 357. Division 5 - Assessment Rolls Chargeholders must be named on tax roll and given tax notices 359 (1) The name and address of a person who is entered on the assessment roll under section 4 of the Assessment Act must be entered on the property tax roll. (2) A person referred to in subsection (1) is not, for any purpose, an assessed owner but must be sent copies of the notices under sections 378 (1) and 379 so long as the person's name remains on the assessment roll. Grouping of parcels 360 (1) Taxes remaining unpaid or assessments imposed on a parcel of land combined by the assessor under the Assessment Act with other parcels to form one parcel, are deemed to be taxes on all the land combined as one parcel. (2) For the purpose of assessment, taxation, recovery of taxes and tax sale, parcels combined as referred to in subsection (1) are deemed to constitute one parcel. Roll open for inspection 361 On completion by the assessor, the assessment roll must be open for public inspection without charge at all convenient hours. Local court of revision 362 (1) Each assessment and assessment roll, other than those under the Assessment Act, must be considered and dealt with by a local court of revision consisting of (a) the council members, or (b) not fewer than 3 and not more than 5 persons appointed for that purpose, who may or may not be council members. (2) Unless otherwise provided by bylaw under subsection (3), appointments under subsection (1) (b) must be made by the council at its first meeting in each year. (3) A council may, by bylaw, (a) establish the number, qualifications and terms of office of members of the local court of revision, and (b) provide for their remuneration, other than for council members, not greater than $25 for each day or part of a day for service as a member of the local court of revision. (4) The council may pay the expenses of the local court of revision out of current revenue. (5) Before entering on his or her duties, a member of a local court of revision must take and subscribe the following oath before the municipal officer assigned responsibility under section 198 [corporate administration]: I, ...... , do solemnly swear [or affirm] that I will, to the best of my judgment and ability, and without fear, favour or partiality, honestly decide the complaints to the local court of revision that may be brought before me for hearing and decision as a member of that court. (6) Sections 32 (1) and (2), 34 to 36, 37 (1) to (9) and (11) and 38 to 40 of the Assessment Act apply to a local court of revision, and for these purposes a reference in those sections to an assessor is deemed to be a reference to a collector or other person named by the council. (7) In addition to the powers and duties given by subsections (1) and (6), a local court of revision may adjudicate complaints made in accordance with a bylaw under section 336 about errors made in applying the bylaw to the assessed value of any property, and may direct the collector to make any amendments to the adjusted value of the property that are necessary to give effect to the court's decision. Appeal to Supreme Court from local court of revision 363 (1) A council or person dissatisfied with the decision of a local court of revision may appeal to the Supreme Court in accordance with this section. (2) Within 10 days after the decision complained of, the person appealing must serve on the municipality a written notice of intention to appeal to the Supreme Court that (a) is signed by the person, or by the person's solicitor or an agent authorized in writing, and (b) sets out the grounds of appeal. (3) The court must set a day for hearing the appeal, notice of which must be given to the municipality and the appellant. (4) The court must hear the appeal, including evidence adduced on oath before it, in a summary manner and may adjourn the hearing and defer judgment at pleasure, but so that all appeals may be determined within one month from the final revision of the assessment roll by the local court of revision. (5) If an appeal is not decided within the time referred to in subsection (4), the decision of the local court of revision stands. (6) On an appeal, the designated municipal officer must produce before the court the assessment roll and all records in that officer's possession affecting the matter. (7) Costs of an appeal are in the discretion of the court. (8) A decision of the Supreme Court under this section may be appealed on a question of law to the Court of Appeal with leave of a justice of the Court of Appeal. Validity of assessment roll 364 (1) Subject to further amendment on appeal, the assessment roll as confirmed and authenticated by the local court of revision is valid and binding on all parties concerned, despite any omission, defect or error in procedure or in the roll or in a notice, or the omission to mail a notice. (2) The roll referred to in subsection (1) is for all purposes the assessment roll of the municipality until a new roll has been revised, confirmed and authenticated by the local court of revision. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 11 - Taxes and Their Collection Division 1 - Preparation of Property Tax Roll Collector of taxes 365 (1) Each municipality must appoint a collector of taxes. (2) The collector has no power to waive full payment or to make an agreement to extend time or postpone proceedings to collect taxes. Collector to prepare property tax roll 366 (1) After authentication of the assessment roll under the Assessment Act and adoption of the annual rates bylaw, the collector must prepare a property tax roll, which may be an extension of the assessment roll. (2) The property tax roll may be in the form of a book or may consist of a system of sheets, cards or other records as approved by the council. Information required on property tax roll 367 (1) For each parcel of land on the assessment roll, the collector must set out on the property tax roll the following information: (a) the combined net taxable value of land and improvements taxed for general municipal taxation purposes, and separately for other purposes; (b) the taxes imposed for the current year for general and loan rate purposes, for school rate purposes, and for other purposes, separately for each purpose; (c) taxes or charges required on the property tax roll for collection; (d) the amount of taxes in arrear, and of delinquent taxes; (e) the taxable value of property particularized in statements made under the Assessment Act; (f) other particulars directed by the council; (g) if the property tax roll is not an extension of the assessment roll, the following information from the assessment roll: (i) the short description; (ii) the name and address of the assessed owner, and of a person claiming notice of assessment and taxes; (iii) the taxable value of land for general municipal taxation purposes, and separately for other purposes; (iv) the taxable value of improvements for each purpose. (2) If the net taxable value of land and improvements taxed for general municipal taxation purposes is the same as that for other purposes, it is sufficient for subsection (1) (a) to enter the value once only in the roll. (3) If the taxable value of land or improvements for general municipal taxation purposes is the same as that for other purposes, it is sufficient for subsection (1) (g) (iii) or (iv) to enter the value once only. Apportionment on late subdivision 368 (1) If a plan of subdivision is deposited in the land title office after November 30 in any year and before June 1 in the next year, the collector may (a) apportion the taxes payable in that next year between the parcels created by the subdivision in the same proportions as taxes would have been payable in respect of the parcels had the subdivision occurred on or before November 30 in the first year, and (b) on making an apportionment under paragraph (a), record the apportionment in the manner that the collector considers necessary. (2) Taxes apportioned to a parcel under subsection (1) (a) are the taxes payable in respect of the parcel in the year for which they are apportioned. (3) The assessor for the area in which the land is located must provide the collector with the assessed values necessary to calculate the proportions of taxes referred to in subsection (1) (a). Division 2 - Unpaid Taxes Taxes in arrear 369 (1) The taxes and rates on land, improvements or both, and percentage additions, that are unpaid on December 31 in the year imposed (a) are taxes in arrear, and (b) bear interest from that date at a rate prescribed by the Lieutenant Governor in Council under section 11 (3) of the Taxation (Rural Area) Act. (2) The interest under subsection (1) (b) is part of the taxes in arrear, and the total amount of the taxes in arrear is a charge on the land, improvements or both as if the additions and interest had originally formed part of the taxes and rates assessed. Delinquent taxes 370 (1) All taxes on land, improvements or both remaining unpaid on December 31 in the year following imposition (a) are delinquent on that date, and (b) bear interest from that date at a rate prescribed by the Lieutenant Governor in Council under section 11 (3) of the Taxation (Rural Area) Act until paid or recovered. (2) The added interest under subsection (1) (b) is part of the delinquent taxes and is a charge as in section 369 (2). Apportionment of unpaid taxes on subdivision 371 (1) If a parcel of land appears on the assessment roll to have been subdivided, in placing arrears or delinquent taxes on the property tax roll, the collector must, (a) after attributing to each subdivided portion of the parcel its appropriate class as prescribed under section 19 of the Assessment Act, apportion them in the same proportion in money as the assessment for each subdivided parcel as classified bears to the total assessment, and (b) place the amount determined under paragraph (a) on the property tax roll against the subdivided parcel. (2) The assessor for the area in which the land is located must provide the collector with the assessment apportionment required for the purposes of subsection (1). (3) This section applies also if part of a parcel on which taxes are due has been sold and the transfer has been delivered to the purchaser. Treatment of taxes if subdivision plan cancelled 372 If a plan of subdivision has been cancelled, the amount of any taxes in arrear or delinquent against a parcel in the plan or subdivision cancelled must be placed on the property tax roll against the parcel of land as it appears after cancellation. Division 3 - Municipal Collection of School and Other Taxes Municipal collection of school taxes 373 (1) A municipality is (a) the agent of the Provincial government for the collection of school taxes levied by the Provincial government under the SchoolAct, and (b) the agent of the board of school trustees of each school district, in which all or part of the municipality is located, for the collection of school referendum taxes levied by the school board under the School Act. (2) Subject to section 374, money collected under this section must be held to the use of the municipality. Council to pay school taxes 374 (1) A council must pay to the Minister of Finance and Corporate Relations the amount of school taxes imposed in accordance with the requisition of the Provincial government under section 119 of the School Act. (2) A council must pay to the board of school trustees the amount of school referendum taxes imposed in accordance with the requisition of the school board under a bylaw adopted under section 113 (1) of the School Act. (3) Payments under this section are current lawful municipal expenditures for the purposes of section 453. School taxes in arrear 375 Taxes levied under the School Act that are unpaid at December 31 together with any percentage addition on them become municipal taxes in arrear on that date in the year in which the taxes were levied. Municipal collection of improvement district taxes 376 (1) Despite any Act, if all or part of a municipality is contained in the area of an improvement district, the objects of which include the provision of fire protection or street lighting, the council of the municipality must impose and collect all taxes imposable by the improvement district on real property in the municipality. (2) The board of trustees of the improvement district must notify the council of the municipality of the amount to be raised for improvement district purposes in the municipality for the year then current. (3) The Surveyor of Taxes must advise the council of the municipality of the applicable rates for improvement district purposes, based on the net taxable value of land and improvements but excluding property that is taxable for school purposes only by special Act, to be applied throughout the area of the improvement district, and the council of the municipality must incorporate the rates as part of the annual rates bylaw. (4) The taxes levied as set out in subsection (3) are deemed to be taxes imposed and levied under this Act, and are subject to all the remedies for collection in this Act. (5) For the purposes of subsection (3) and section 377 (2) and (3), (a) the definition of "improvements" in the Assessment Act applies, and (b) the exemptions in sections 129 to 131 of the School Act apply. Payments to improvement districts 377 (1) On demand, the council must pay to the board of trustees of the improvement district the amount to be raised in the municipality for improvement district purposes. (2) The board of trustees of the improvement district may ask the council of the municipality to advance the sums necessary to meet the current authorized obligations of the improvement district and the council may advance those sums, but only on evidence of the money being needed for operations and obligations of the board of trustees. (3) As a limit on subsection (2), the total of the advances that may be made under that subsection must be according to the ratio that (a) the net taxable value of land and improvements of the property in the municipality that is in the improvement district, excluding property that is taxable for school purposes only by special Act, bears to (b) the net taxable value of land and improvements of the property in the improvement district as a whole, excluding property that is taxable for school purposes only by special Act, according to the authenticated assessment rolls on which the levy will be made. (4) The council of the municipality may borrow under section 453 the money necessary to carry out this section and section 376. (5) The board of trustees of the improvement district must pay to the Minister of Finance and Corporate Relations, promptly on receipt, money received from the municipality that represents a share of advances made by the Minister of Finance and Corporate Relations on behalf of land and improvements in the municipality. Division 4 - Tax Notices Collector to mail tax notices 378 (1) For each parcel of land shown on the assessment roll on which taxes have been imposed under any Act, the collector must mail to each person named on the property tax roll as the assessed owner, at the address on the roll, a tax notice setting out the following: (a) a short description of the property; (b) the taxes imposed for the current year for general and loan rate purposes, for school rate purposes and for other purposes, separately stated; (c) any credit or abatement authorized by a Provincial Act; (d) other taxes or charges placed on the roll for collection; (e) the dates when the penalties under section 394 will be added; (f) other information that may be prescribed by regulation; (g) other information that the collector considers relevant. (2) On its reverse side, the tax notice must have an application for Provincial home owner grant under the Home Owner Grant Act. (3) The words "Subject to taxes in arrear" may be stamped on the tax notice for property with taxes in arrear. (4) If a number of parcels of land with their improvements, if any, are assessed in the name of the same owner, (a) any number of those parcels may be included in one tax notice, and (b) if several of the parcels are assessed at the same value, the tax notice is sufficient if it clearly identifies the property assessed and taxed as a block, parts of a block or a series of lots, without the full description for each parcel. (5) If the assessed value of a parcel of land on the assessment roll has been adjusted under a bylaw adopted under section 336, the tax notice for the parcel must include or have enclosed with it a statement (a) informing the owner that assessed values and certain tax rates have been adjusted as a result of the bylaw, (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 to correct errors and for complaining to the local court of revision. (6) The collector must enter the date of mailing the tax notice either on the property tax roll opposite the name of a person to whom the tax notice has been sent, or in an affidavit on that roll. (7) The obligation to give notice under this section is satisfied if the collector made a reasonable effort to mail or otherwise deliver the tax notice. Statements of taxes in arrear or delinquent 379 (1) No later than the date on which the tax notice is mailed, the collector must mail to each assessed owner having taxes in arrear, delinquent taxes or property sold under section 403 but remaining subject to redemption under section 417, at the address on the property tax roll, a statement of the amount of the taxes in arrear and of delinquent taxes. (2) For property with delinquent taxes, the statement must state the following: Property Subject to Tax Sale This property will be sold for taxes on [date of annual tax sale] in this year, unless the delinquent taxes, with interest, are paid before that date. (3) For property sold under section 403 but subject to redemption under section 417, the statement must state the following: Sold for Taxes This property was sold for taxes on [date of sale, including year] and the redemption period ends on [latest date for redeeming]. Redemption should be effected before payment of the current taxes is made. Collector to mail copies of tax notice to persons who have requested it 380 (1) The collector must mail or otherwise deliver a copy of a tax notice under section 378 (1) and of any statement under section 379 to all persons who have requested this in accordance with subsection (2) during the current year. (2) In order to make a request for the purposes of this section, a person must (a) make a written request to the collector, including in it a description of the property for which the tax notice is requested sufficient to allow the collector to identify the property, and (b) at the time of the request, pay the fee that is set under subsection (3) in relation to each parcel for which a tax notice is requested. (3) A council may, by bylaw, set fees for the purposes of subsection (2). Statement of taxes outstanding 381 (1) On demand and without charge, the collector must give the owner of real property whichever of the following is applicable to the property: (a) a written statement showing the amount of all unpaid taxes; (b) a certificate that (i) all taxes, rates, assessments and charges imposed, levied, charged or assessed against the real property mentioned in the certificate have been fully paid, and (ii) all local improvement and other special rates that have become due have been fully paid up to the date of the certificate. (2) The collector must give to any person who requests it and pays the fee set under subsection (3) a certificate showing (a) the amount of unpaid taxes charged against specified real property, (b) whether the real property has been sold for taxes, and (c) if the property has been sold for taxes, the time remaining for redemption, if any, and the amount required to redeem it. (3) A council may, by bylaw, set fees for the purposes of subsection (2). (4) An error in a statement or certificate given under this section does not subject the municipality to damages. Division 5 - Adjustments to Taxes Adjustments required if assessments are set aside or varied 382 (1) If an assessment is set aside or varied after the date of the adoption of the annual rates bylaw, the collector must (a) make the necessary adjustment in the records, and (b) report on that adjustment to the council. (2) The amount of any tax as amended under this section is the amount of taxes imposed for the current year on the property affected and, despite the terms of a receipt given by the collector, any excess paid must be refunded and any balance unpaid is taxes due and payable. Taxation on receipt of supplementary roll 383 (1) On receipt of a supplementary roll prepared under the Assessment Act, the designated municipal officer and the collector must carry out as soon as reasonable the duties imposed on them relating to the property tax roll. (2) Thirty days' notice must be given for payment of taxes imposed by a supplementary roll and a penalty must not be added in that period. (3) The obligation to give notice under subsection (2) is satisfied if the collector made a reasonable effort to mail or otherwise deliver the notice. (4) Taxes imposed through a supplementary roll are a debt to the municipality and subject to all methods available to it for the recovery of taxes, including tax sale. (5) If 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 on appeal from the Court of Revision, the collector must (a) refund to a taxpayer the excess amount of taxes paid by the taxpayer and any penalty and interest paid on the excess, or (b) if no tax payment was made, adjust the property tax roll to record the proper information. Interest on overpayment of taxes 384 (1) If a person is refunded an amount of taxes paid under this Act, the municipality must pay the person interest at the rate prescribed under subsection (2). (2) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of this section. Special charges that are to be collected as taxes 385 (1) This section applies to charges (a) imposed under section 575, 577, 601 or 602 (1) (a), (b) or (c), or (b) for work done or services provided, whether on default or otherwise. (2) A charge referred to in subsection (1) (a) is a charge or lien on the land or real property on or in respect of which the charge is imposed, the work done or services provided, (b) has priority over any claim, lien, privilege or encumbrance of any person except the Crown, and (c) does not require registration to preserve it. (3) The amount of a charge referred to in subsection (1) is to be collected in the same manner and with similar remedies as ordinary taxes on land and improvements under this Act. (4) A charge referred to in subsection (1) that is due and payable by December 31 and unpaid on that date is deemed to be taxes in arrear and must promptly be entered as such on the property tax roll by the collector. Appeal to Supreme Court against special charge 386 (1) An owner of land or real property aggrieved by the creation of a charge or lien under section 385 may, on 10 days' written notice to the municipality, apply to the Supreme Court for an order that the charge be removed or that the amount for which it was imposed be varied. (2) On an application under subsection (1), if the court is satisfied that any of the charges for which the charge or lien was created were made improperly, it may order that the charge or lien be removed or that the amount be varied, or make another order it considers proper. Charge for irrigation water rights 387 (1) The rates or tolls chargeable under a bylaw of a municipality or under an order of the Comptroller of Water Rights under the Water Act for carriage and delivery of water for irrigation of land in a position to be supplied or served from the municipality's irrigation works, and the costs and charges for the service, are a charge on the land on which the water is supplied or used or which is in a position to be served. (2) The rates or tolls and costs and charges referred to in subsection (1) are taxes deemed to be levied under this Act and the provisions of this Act for collection and recovery of taxes apply. (3) This section does not limit a municipality's rights under an agreement for the supply of water or the generality of section 385. Section Repealed 388 [Repealed 1998-34-64.] Division 6 - Payment of Taxes Payment in advance 389 (1) A council may, by bylaw, authorize the collector to receive money for taxes before the due date. (2) A bylaw under subsection (1) may provide the terms for accepting and holding the money including interest on it and the rate of interest. Payment on account 390 (1) The collector must accept payments on account of taxes due. (2) The collector may receive payment of the taxes apportioned under section 371 for a part of a subdivided parcel or for a part of a parcel split on sale. (3) Acceptance of a payment on account of taxes does not affect the liability of a person for full payment or of the land or improvements to be sold for the amount of taxes unpaid. Collection of taxes by instalment 391 (1) A council may, by bylaw, (a) provide for payment of specified real property taxes by monthly, quarterly or half yearly instalments, and (b) if a bylaw under paragraph (a) applies, modify the requirements of sections 369, 370 and 394. (2) The collector must determine, for each parcel subject to a bylaw under subsection (1), the amount of each instalment of taxes payable, and each amount determined is due and payable in accordance with the bylaw. (3) A bylaw under subsection (1) may establish the addition to be made to an instalment in the current year if not paid by the due date, subject to the limit that an addition must not exceed 10% of the amount of the taxes payable by the instalment. (4) Interest must be added to unpaid instalments of taxes in arrear or delinquent at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act. (5) A bylaw under subsection (1) may provide for classification of real property according to uses or amount of taxes payable in the preceding year, or both, and may exempt any class of real property from its provisions. (6) A person may obtain an exemption from a bylaw under this section for a parcel by making a written request to the collector for the exemption, in which case the other provisions of this Act and bylaws apply to the person for that parcel. (7) The owner of the parcel may revoke a request under subsection (6) for any subsequent year. Application of tax payments 392 Payments for taxes must be credited by the collector against the following in the indicated order: (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; (e) special rates or charges in the current year; (f) any unpaid current municipal taxes. Payment to municipality 393 At the times directed by the council, the collector must (a) pay the amounts collected to the municipal officer assigned responsibility under section 199 [financial administration], or (b) if so directed, deposit them to the credit of the municipality in a savings institution. Percentage additions to unpaid taxes 394 (1) As soon as is practicable after July 1 in each year, unless other dates and percentage additions have been specified under subsection (2), the collector must add to the unpaid taxes of the current year, for each parcel of land and its improvements on the property tax roll, 10% of the amount unpaid on July 2 of that year. (2) A council may, by bylaw adopted before the mailing of any tax notices under section 378 in that year, (a) alter the date to a date later than July 2, or (b) designate 2 or more dates, the first not earlier than July 2, and specify the percentages that may be imposed on each date on taxes unpaid on that date, the total of which percentages must equal 10%. (3) A date under subsection (2) must not be later than November 30, when taxes unpaid are subject to the full 10% addition or the part of it not yet added. (4) A bylaw under subsection (2) remains in force from year to year. Taxes to be included in general revenue 395 Unpaid taxes and their penalty additions and interest, when collected, form part of the general municipal revenue. Division 7 - Recovery of Taxes Taxes are a special charge on the land 396 (1) Taxes accrued and to accrue on land and its improvements, and a judgment under section 397 for the taxes, are a charge that (a) is a special charge on the land and improvements, (b) has priority over any claim, lien, privilege or encumbrance of any person except the Crown, and (c) does not require registration to preserve it. (2) If it is necessary or advisable to protect or enforce a charge under subsection (1) by a proceeding, this may be done by order of the court, on application and on notice the court considers proper. Liability of assessed owner and recovery by court action 397 (1) A person who, in any year, is an assessed owner of land, improvements or both in a municipality, or of a taxable interest in them, is liable to the municipality for (a) all taxes or rates imposed by the municipality under any Act now or formerly in force on the land, improvements or both during the year, and (b) all unpaid taxes or rates imposed in a previous year. (2) The liability referred to in subsection (1) is a debt recoverable by the municipality by action in a court of competent jurisdiction. (3) A copy of that part of the property tax roll that refers to the taxes or rates payable by the person, certified as a true copy by the municipal officer assigned responsibility under section 198 [corporate administration], is evidence of the debt. (4) The liability must not be enforced by action against a person whose name appears on an assessment roll only as a personal representative or trustee of an estate, except to the extent and value of the assets of the estate that have come into that person's hands. Recovery of taxes by the legal remedy known as "distress" 398 (1) Despite any Act, with the approval of the council, a collector may, directly or by agent, levy the amount of taxes due, with costs, by distress of one or more of the following: (a) the output of the taxed property; (b) goods and chattels of the person liable to pay the taxes; (c) any goods and chattels in British Columbia in the possession of the person liable to pay the taxes; (d) any goods and chattels found on the premises of the person liable to pay the taxes; (e) any goods and chattels found on the property of or in the possession of another occupant of the premises of the person liable to pay the taxes that would be subject to distress for rent arrears due to a landlord. (2) The costs chargeable on distress under this section are those payable as between landlord and tenant. (3) A collector who makes distress must, by notice posted in at least 3 conspicuous public places in the locality where the property seized is to be sold, give at least 10 days' notice of (a) the time and place of the sale, and (b) the name of the taxpayer whose property is to be sold. (4) At the time given in the notice under subsection (3), the collector or agent must sell at public auction the seized property or as much as may be necessary. (5) If there is a surplus from the sale over the amount of the taxes and costs, the surplus must be paid to the person in possession of the property when it was seized, unless claim to it is made by another person on the ground that the property sold belonged to the other person, or that the other person was entitled by lien or other right to the surplus. (6) If a claim is made by the person for whose taxes the property was distrained and the claim is admitted, the surplus must be paid to the claimant. (7) If the claim referred to in subsection (6) is contested, the surplus must be retained by the collector until the rights of the parties have been determined. (8) A person receiving a surplus under this section must give a receipt for it. Power to accept real property in place of taxes 399 (1) A council may, by bylaw adopted by at least 2/3 of its members, accept, in place of all unpaid taxes, rates, interest and costs against otherwise unencumbered real property in the municipality, an absolute conveyance to the municipality of the whole of the real property from its registered owner. (2) Delivery of the conveyance must be made to the municipality and, after receipt, the designated municipal officer must promptly apply to the proper land title office for registration of the municipality as owner. (3) Registration of the municipality as owner of the land or real property is deemed to be in payment of and discharges all taxes, rates, interest and costs assessed and chargeable against the land or real property at the date of the conveyance. Notice of delinquent taxes on Crown land 400 If taxes become delinquent on land that the Provincial government has agreed to sell under an agreement to purchase, (a) the collector must notify the minister responsible for the administration of the Land Act within 3 months after taxes with respect to the person holding the land became delinquent, and (b) that minister must cause a suitable notation to be made on the record of purchase and may take any other steps considered advisable. Recovery of taxes on Crown land subject to an agreement for sale 401 (1) This section applies if the Provincial government has agreed to sell land in a municipality on terms of deferred payment and the holder of the agreement for sale (a) has defaulted in payment for the land, or has abandoned the land with the title remaining in the Provincial government, and (b) has defaulted in payment of municipal taxes against the land. (2) The municipal taxes referred to in subsection (1) are a first charge against the land and, following the sale of the land, the Provincial government must pay the municipal taxes out of the proceeds of the sale, subject to the limit that the amount paid must not exceed the amount received by the Provincial government for the sale. Recovery of taxes on Crown land held under lease or licence 402 (1) The collector must not sell land the fee simple of which is vested in the Provincial government and which is held under lease, licence, permit or location. (2) Within 5 months from the date when taxes on land referred to in subsection (1) become delinquent, the collector must give written notice to the person liable for them, either by serving the notice or by sending it by registered mail, that the lease, licence, permit or location will be cancelled if the person does not pay the delinquent taxes, together with interest and all subsequent taxes, within 6 months from the date when the taxes became delinquent. (3) On application, the Supreme Court may order that the notice under subsection (2) may be served by substituted service in accordance with the order. (4) The collector must send a copy of the notice under subsection (2) to the minister responsible for the administration of the Land Act. (5) If payment of the delinquent taxes, with interest, and all subsequent taxes is not made within the 6 months, (a) the collector must forward to the minister referred to in subsection (4) a list of defaulting lessees, licensees, permittees or locators, and (b) that minister must at once cancel the leases, licences, permits or locations. (6) Until the minister referred to in subsection (4) notifies the collector of cancellation under subsection (5), the collector must not cancel an amount due on the property tax roll. (7) On cancellation of a lease, licence, permit or location, the minister referred to in subsection (4) must notify the collector, who must then cancel the amount due and omit from the tax roll any reference to the cancelled instrument. (8) If good reasons are shown to the satisfaction of the minister referred to in subsection (4) that the defaulting person, from poverty, sickness or other cause, has been unable to pay the amount due within the time limit, the minister may extend the time within which payment must be made before cancellation takes effect. Division 8 - Annual Tax Sale Annual tax sale 403 (1) At 10 a.m. on the last Monday in September, at the council chambers, the collector must conduct the annual tax sale by offering for sale by public auction each parcel of real property on which taxes are delinquent. (2) If the last Monday in September is a holiday, the tax sale must instead be held on the next Monday that is not a holiday. (3) The collector may adjourn the tax sale to the same hour on the following day, and from day to day until each parcel is disposed of. (4) The collector may act as auctioneer at the tax sale. (5) The collector may also offer for sale at the tax sale the other improvements on the real property that are taxable under this Act and on which taxes are delinquent. (6) A sale under subsection (5) must be in accordance with section 398. (7) The sale of real property under this section is not a bar to a sale under section 398. Exemption of Crown land from tax sale 404 (1) A council may, by bylaw, exempt from the tax sale the sale of any real property owned by the Provincial government. (2) An exemption under subsection (1) does not relieve the real property from taxes lawfully imposed or prejudice the right of the collector to offer it for sale in a succeeding year. Notice of tax sale 405 (1) Notice of the time and place of the tax sale and the description and street address, if any, of the property subject to tax sale must be published in at least 2 issues of a newspaper. (2) The last publication under subsection (1) must be at least 3 days and not more than 10 days before the date of the tax sale. Municipality may bid at tax sale 406 A person authorized by the council may bid for the municipality at the tax sale up to a maximum amount set by the council. Upset price and conduct of tax sale 407 (1) The collector is authorized to receive from the proceeds of a sale under section 403 the following amounts for the use of the municipality: (a) the amount of delinquent taxes, taxes in arrear and interest to the first day of the tax sale for which the parcel of land and the improvements are liable for sale; (b) the taxes, including penalties incurred, for the current year on the land and improvements; (c) 5% of the amounts under paragraph (a) and (b); (d) the fees prescribed under the Land Title Act. (2) The total of the amounts under subsection (1) is the upset price and the lowest amount for which the parcel may be sold. (3) The highest bidder above the upset price or, if there is no bid above the upset price, the bidder at the upset price, must be declared the purchaser. (4) If there is no bid, or no bid equal to the upset price, the municipality must be declared the purchaser. (5) If the municipality has been declared the purchaser of a parcel, the collector may offer the parcel for sale again later at the tax sale on the same conditions as before. (6) If a purchaser fails to immediately pay the collector the amount of the purchase price, the collector must promptly again offer the parcel for sale. Purchaser to give authority to register tax sale title 408 (1) At the time of the tax sale and before the purchaser is given the certificate of sale, a purchaser other than the municipality must provide a statement, signed by the purchaser or the purchaser's agent, (a) setting out the purchaser's full name, occupation and address, and (b) authorizing the collector to make the application referred to in section 420 (2) to register at the appropriate time the purchaser's title to the real property. (2) A statement under subsection (1) must be preserved with the records of the sale. Collector to provide certificate of sale 409 After a sale to a person other than the municipality, the collector must sign and give to the purchaser a certificate (a) describing the parcel sold, (b) stating the sale price, and (c) stating that an indefeasible title will be applied for on the purchaser's behalf at the end of one year from the date of sale unless the property is redeemed or the sale is cancelled under section 423. Tax sale of Crown land subject to an agreement to purchase 410 (1) The collector may, by sale held at the annual tax sale, sell land, the fee simple of which is vested in the Provincial government, but held by a person under an agreement to purchase. (2) A sale under this section is subject to the interest of the Provincial government and the collector must expressly state at the sale that the interest of the Provincial government is prior to all claims and is not affected by the sale. (3) Sections 412 to 420 do not apply to a sale under this section. (4) The collector must sign and give the purchaser of land at a sale under this section a certificate that (a) describes the land sold, (b) states the price at which the land was sold, (c) states that the interest of the Provincial government has priority over all claims and is not affected by the sale, and (d) states that the sale is made under this section. (5) The collector must promptly provide to the minister responsible for the administration of the Land Act (a) a copy of the certificate under subsection (4), and (b) the address of the purchaser. Provincial government may accept tax sale purchaser 411 (1) The minister responsible for the administration of the Land Act may accept the tax sale purchaser as purchaser of the land and may deal with that purchaser to the exclusion of the person whose interest was sold at the tax sale and of all persons claiming under that person. (2) If that minister accepts the tax sale purchaser as purchaser of the land, the minister must notify the collector of this. (3) If that minister does not accept the tax sale purchaser as purchaser of the land or does not notify the collector within 6 months from the date of sale that the minister has accepted the purchaser, the purchaser is entitled to a refund from the municipality of the amount the purchaser paid together with interest at the rate prescribed under subsection (4). (4) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (3). (5) If a refund is made under subsection (3), the collector must promptly replace on the tax roll, as delinquent taxes on the land, the amount of the upset price together with the interest paid to the purchaser. Resale of land purchased by municipality at tax sale 412 (1) If property is purchased by a municipality under section 407 and is not sold later at the tax sale, within 9 months after the purchase, the council may sell the property to any person for not less than the upset price plus interest accrued from the date of purchase at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act. (2) On a sale under this section, the council must direct the collector to give the purchaser a certificate similar to that under section 409. (3) A sale under this section does not affect the period for or the right of redemption by the owner under this Act. Notice of tax sale must be filed in land title office 413 Promptly after selling property for taxes, the collector must (a) file in the proper land title office the notice of the tax sale, and (b) pay the fees prescribed under the Land Title Act for filing the notice and making the proper references. Owners must be given notice of tax sale and redemption period 414 (1) Not later than 3 months after the sale of property at the tax sale, the collector must give written notice of the sale and of the day the redemption period ends, either by serving the notice or by sending it by registered mail, to persons registered in the land title office (a) as owner of the fee simple of the property, or (b) as owner of a charge on the property. (2) On application, the Supreme Court may order that the notice under subsection (1) may be served by substituted service in accordance with the order. (3) No liability or responsibility other than as set out in subsection (1) rests with the collector or municipality to give notice of the sale for taxes. Assessment and taxes during redemption period 415 (1) During the period allowed for redemption, real property sold at the tax sale must continue to be assessed and taxed in the name of the person who at the time of sale appeared on the assessment roll as owner and that person is liable for taxes accruing. (2) The accruing taxes continue to be a special lien on the property under section 396. (3) The purchaser at the tax sale may pay the taxes that become due during the period of redemption, and the amount paid must be added to the amount required to redeem. Application of surplus from tax sale 416 (1) If the property is not redeemed, money received by the collector at the tax sale above the upset price must be paid without interest to the owner at the time of the tax sale, on written application to the council. (2) The money must not be paid to the owner if a claim to the surplus is made by another person on the ground that the property belonged to the other person, or that the other person is otherwise entitled to the surplus. (3) If a claim referred to in subsection (2) is made, the money must, without leave, be paid into the Supreme Court, accompanied by (a) a copy of the certificate of sale under section 409, and (b) a statement of the municipal officer assigned responsibility under section 198 [corporate administration] setting out the facts under which the payment into court is made and the names of the owner at the time of the tax sale and the claimant. (4) Money paid into court under subsection (3) is payable out of court to the party entitled on a court order to be made on application in a summary manner and subject to the giving of the notices directed by the court. (5) If surplus money remains unpaid 6 months after the end of the redemption period, in the next month the council must have published in a newspaper a notice stating (a) the name of the owner to whom the surplus is payable, (b) the date it became payable, and (c) the amount of the surplus. (6) If the surplus remains unclaimed 3 months after publication under subsection (5), it must be transferred in trust to the Minister of Finance and Corporate Relations, subject to payment on application at any time to the person entitled. Redemption by owner 417 (1) A parcel of property sold at a tax sale may be redeemed in accordance with this section by (a) an owner or registered owner in fee simple of the parcel, (b) an owner of a registered charge against the parcel, or (c) another person on behalf of a person referred to in paragraph (a) or (b). (2) The time limit for making a redemption is one year from the day the tax sale began, or a further time allowed by bylaw under subsection (6). (3) A redemption is made by paying or tendering to the collector for the use and benefit of the purchaser under section 407 the total of the following amounts: (a) the upset price of the parcel at the time of the tax sale; (b) all costs of which the collector has had notice that have been incurred by the purchaser in maintenance of the real property and in prevention of waste; (c) taxes advanced by the purchaser; (d) interest to the date of redemption on any amount in excess of the upset price and on the total amount expended by the purchaser under paragraphs (a) to (c) during the period for redemption, at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act. (4) So much of the amount received by the collector at the sale for land title fees as is not required must be deducted. (5) On redemption of a parcel, the purchaser is entitled to receive from the municipality all amounts paid by the purchaser, together with interest to the date of redemption at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act. (6) If the municipality has been declared the purchaser and the property has not been subsequently sold under section 407, the council may, by bylaw, extend for one year only the period for redemption. Redemption payments by instalments 418 (1) This section applies in the case of land of which the municipality has been declared the purchaser under section 407 if (a) there are improvements on the land, (b) the land has not been subsequently sold under section 407 or 412, and (c) the municipality has not adopted a bylaw under section 417 (6). (2) A person empowered under section 417 to redeem the land and improvements referred to in subsection (1) is entitled to redeem them under subsection (3) if the person pays to the collector, on or before the latest date allowed under this Act for redemption, 50% of the total of (a) the amount of the upset price for which the land and improvements were offered for sale, and (b) interest on the amount under paragraph (a). (3) A person who makes a payment under subsection (2) may redeem the land and improvements by paying to the collector the remainder of the total referred to in that subsection at any time within 11 months and 21 days from the latest date otherwise allowed for redemption. (4) In the circumstances described in this section, the time for redemption is extended accordingly. Notice of redemption must be filed in land title office 419 If real property sold for taxes is redeemed within the time allowed for redemption, the collector must promptly send to the registrar of land titles for filing the notice required by section 273 of the Land Title Act, together with any applicable fee under that Act. Registration of purchaser 420 (1) If a parcel of land sold for taxes is not redeemed as provided in this Act, at the end of the redemption period, the collector must forward a notice to that effect to the registrar of land titles. (2) The notice under subsection (1) must (a) show the full name, occupation and address of the purchaser, and (b) be accompanied by (i) the fees prescribed under the Land Title Act, and (ii) an application in the form prescribed under the Land Title Act for registration of title in fee simple in the name of the purchaser. (3) It is not necessary with the application referred to in subsection (2) (b) to produce an outstanding absolute certificate of title or duplicate, or interim certificate of indefeasible title. (4) On forwarding the notice referred to in subsection (1) to the registrar of land titles, the municipality must immediately notify the administrator under the Property Transfer Tax Act. (5) The notice referred to in subsection (1) operates (a) as a conveyance to the purchaser from the registered owner in fee simple, without proof of the signature of the collector and without an attestation or proof of execution, and (b) as a quit claim in favour of the purchaser of all right, title and interest of every previous owner in fee simple of the parcel, or of those claiming under any previous owner, and of all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every type, and whether or not registered in accordance with the Land Title Act, subsisting at the time the application to register was received by the registrar, except (i) the matters set out in section 276 (1) (c) to (g) of the Land Title Act, and (ii) any lien of the Crown or an improvement district. (6) One application may be made under this section on behalf of a purchaser for registration of any number of parcels contained in the same block and listed on the one notice produced for registration, but subject to the requirements of section 158 of the Land Title Act. (7) If the registrar of land titles refuses to register the title in the name of a purchaser of property at a tax sale and no appeal is made under section 301, or if an appeal has been made and the decision of the registrar sustained, the municipality is deemed to have been declared the purchaser of the property at the tax sale, and the municipality must refund the purchase price, without interest, to the purchaser. Effect of tax sale on rights of owner 421 (1) When real property is sold at a tax sale under this Act, all rights in it held by the person who at the time of the sale was the owner, the registered owner in fee simple or the registered owner of a registered charge on the property, immediately cease to exist, except as follows: (a) the property is subject to redemption as provided in this Act; (b) the right to possession of the property is not affected during the time allowed for redemption, subject, however, to (i) impeachment for waste, and (ii) the right of the purchaser at the tax sale to enter on the property sold to maintain it in a proper condition and to prevent waste; (c) during the period allowed for redemption, an action may be brought under section 422 to have the tax sale set aside and declared invalid. (2) During the period allowed for redemption, subsection (1) does not operate to affect in any way the rights of the owner, the registered owner in fee simple or the owner of a registered charge, among or as between themselves. Action by owner to have tax sale set aside 422 (1) A person who at the time of a tax sale was the owner, the registered owner in fee simple or the registered owner of a charge on the real property may bring an action in the Supreme Court to have the sale set aside and declared invalid. (2) An action under subsection (1) may only be brought on one or more of the following grounds: (a) the property was not liable to taxation during the years in which the taxes for which the property was sold were imposed; (b) the taxes for which the property was sold were fully paid; (c) irregularities existed in connection with the imposition of the taxes for which the property was sold; (d) the sale was not fairly and openly conducted; (e) the collector did not give to that person the notice required by section 414. (3) An action under this section may not be brought until one month after written notice has been given by the person to the council stating in detail the grounds of complaint. (4) During the period allowed for redemption, subsection (1) does not operate to affect in any way the rights of the owner, the registered owner in fee simple or the owner of a registered charge, among or as between themselves. Reinstatement of taxes if sale set aside 423 (1) If the court declares that a tax sale is set aside or invalid for a reason referred to in section 422 (2) (c) or (d), the court may (a) provide that the amount for which the real property was taxed on the property tax roll at the date of sale, with interest from that date, is a lien on the property as if the tax sale had not taken place, in which case that amount is deemed to be delinquent taxes, (b) provide for the immediate payment of those taxes, or (c) otherwise deal with those taxes according to the circumstances. (2) During the period allowed for redemption, if the council finds a manifest error in the tax sale or in the proceedings before the sale, it may order that (a) the purchase price be returned to the purchaser together with interest at the rate prescribed under subsection (3), and (b) the taxes be dealt with as the circumstances require, either (i) by restoring to the property tax roll the taxes as they appeared on the roll before the sale, or (ii) otherwise as directed by the council. (3) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (2) (a). Restrictions on legal actions in relation to tax sale 424 (1) After the end of the period allowed for redemption, no action may be brought to recover the property sold or to set aside its sale. (2) No action may be brought (a) against the registrar of land titles or the Attorney General under the Land Title Act or against the collector in respect of the sale of the property or the registration of an indefeasible title to it, or (b) against the municipality in respect of any loss or damage sustained by reason of the sale, except as provided in this section. (3) A person who at the time of the tax sale was an owner of, a registered owner in fee simple of or an owner of a registered charge on the property must be indemnified by the municipality for any loss or damage sustained by the person on account of the sale of the property if the circumstances referred to in section 422 (2) (a), (b) or (e) existed. (4) As limits on subsection (3), (a) no action may be brought to recover indemnity or compensation under this section after the end of one year from the time allowed by this Act for redemption of the real property, and (b) there is no right to indemnity or compensation under subsection (3) if it is shown that the person claiming indemnity or compensation was aware at the time of tax sale that the property was offered for sale, or was aware during the period allowed for redemption that it had been sold. Repossessed tax sale land 425 If land that became the property of a municipality as a result of tax sale has been sold by agreement for sale or subject to mortgage and is repossessed by the municipality for satisfaction of amounts due, the land is deemed to be again tax sale land. Procedure on default of purchaser under agreement 426 (1) The collector must send a notice in accordance with subsection (2) if (a) land becomes the property of the municipality as a result of tax sale or failure to pay taxes and is sold by agreement for sale, and (b) there is default in the payment to the municipality of any instalment or interest. (2) The notice under subsection (1) (a) must be sent to the purchaser (i) by personal service on the purchaser, or (ii) by registered mail to the purchaser at the purchaser's address named in the agreement for sale, and (b) must be to the effect that, if the amounts in default are not paid within 90 days from the date of the service or mailing, (i) all the right, title and interest of the purchaser in and to the agreement for sale, the amounts paid under it and the land referred to in it will cease and determine, and (ii) the amounts paid under the agreement for sale will be forfeited to the municipality. (3) On application, the Supreme Court may order that a notice under subsection (1) may be served by substituted service in accordance with the order. (4) If the purchaser fails to pay or cause to be paid the amounts in default within the period referred to in subsection (2) (b), (a) all that person's right, title and interest in and to the agreement for sale, the amounts paid under it and the land referred to in it cease and determine, (b) the land immediately revests in the municipality, free from all claims in respect of the agreement for sale, and (c) all amounts paid under the agreement are forfeited to the municipality. (5) Despite the Law and Equity Act or any rule of law or equity to the contrary, a person may not commence or bring an action against the municipality for relief against forfeiture or otherwise in respect of the cancellation of the agreement for sale or the retainer of the money paid to the municipality under the agreement for sale. (6) On the collector filing in the land title office an affidavit of the continuation of the default after the expiration of the 90 day period, together with evidence of notice or service, the registrar of land titles must cancel all charges or encumbrances, of any type, appearing in the records of the land title office against the land. (7) The registrar of land titles may require evidence of sufficiency of service and, if not satisfied, the service must be effected in the manner the Supreme Court may direct on an application by the municipality without notice to any other person. Redemption by municipality of land sold for Provincial taxes 427 (1) This section applies if (a) land in a municipality has become subject to forfeiture to the Provincial government or has been sold by the Surveyor of Taxes or by the Inspector of Dikes to a person under any statute for the recovery of Provincial taxes, or school taxes, or diking assessments, or other charges in arrear, and (b) there are taxes in arrear due to the municipality in respect of the land, (2) In the circumstances referred to in subsection (1), the council may redeem the land at any time during the period allowed for redemption by paying to the Surveyor of Taxes or the Inspector of Dikes, as applicable, the amount required to redeem it as provided in the Act under which the land became subject to forfeiture or was sold. (3) On the redemption of land by a council under this section, it may add the amount of the redemption payment made by it to the amount of municipal taxes in arrear in respect of the land, and the amount added is deemed to be delinquent taxes under this Act. (4) If land subject to forfeiture referred to in subsection (1) has not been redeemed, but has been forfeited to and vested in the Provincial government, the council may purchase the land under the terms of any Act that provides for sale of the forfeited land to the municipality. (5) Despite the sale of land referred to in subsection (1) by the Surveyor of Taxes or by the Inspector of Dikes for the recovery of taxes, assessments or other charges in arrear, the land continues to be liable to taxation by the municipality in which it is located. Power to agree with other taxing authority 428 (1) Despite this Act, a council may, by bylaw, make agreements with any other authority having taxing powers in respect of land, or land and improvements, located in the municipality respecting the exercise of the powers of the municipality and of the other authority in allmatters of collection of taxes, tax sales, redemptions, the disposal of reverted land, the rental of that land before disposal and similar matters. (2) An agreement under subsection (1) may provide for the exercise of its power by either the municipality or the other authority acting alone on the working basis of protection of the joint interests of the parties that may be mutually determined. (3) [Repealed 1998-34-70.] Division 9 - Frontage Taxes Definitions 429 In this Division: "actual frontage" means the distance that a parcel of land actually abuts on the work or highway; "taxable frontage" means the actual frontage or, if applicable, the distance that a parcel of land is deemed to abut on the work or highway, and in respect of which parcel the frontage tax is levied for the work or service; "total actual frontage" means the sum of the actual frontage of the parcels of land that actually abut on the work or highway; "total taxable frontage" means the sum of the taxable frontage of the parcels of land that abut or are deemed to abut on the work or highway. Frontage tax bylaw 430 (1) If a council is empowered under any Act or has a duty under any Act to levy taxes by a frontage tax, (a) the frontage tax must not be imposed except by bylaw, and (b) the frontage tax levied in any year on each parcel of land to be taxed, except as otherwise provided in this Division, is the product of the taxable frontage and the annual rate. (2) A bylaw under subsection (1) must set out the following for the work or service for which the frontage tax is levied: (a) the total actual frontage; (b) the total taxable frontage; (c) the sums required to be raised annually during the period set out in the bylaw. (3) A bylaw under subsection (1) may provide one or more of the following: (a) that, if the distance that a parcel of land abuts on the work or highway is less than a stated minimum, the taxable frontage is a stated minimum distance; (b) that, if the distance that a parcel of land abuts on the work or highway is more than a stated maximum, the taxable frontage is the stated maximum distance; (c) that the assessment of corner parcels of land, parcels of abnormal or irregular shape or situation, and rights of way of railways and utilities may be varied in the manner and to the extent provided in the bylaw, so that they may be dealt with in a fair and equitable manner as compared with other parcels. (4) The council may define a regularly shaped parcel of land for the purposes of this Division. (5) If a frontage tax is levied on (a) a triangular or irregularly shaped parcel of land, (b) a parcel of land wholly or partly unfit for building purposes, (c) a parcel of land that does not abut on the work or highway but is nevertheless deemed to abut on the work or highway, or (d) a parcel of land that not only abuts on a sewer but is also traversed by the sewer, the taxable frontage is the distance set by the collector or other person named by the council. (6) In setting the distance under subsection (5), the collector or other person must have due regard to the condition, situation, value and superficial area of the parcel compared with other parcels of land, or to the benefit derived from the work or service, to bring the frontage tax to a fair and equitable basis when it is imposed. (7) Subject to subsection (8), the annual rate for a frontage tax is to be calculated by dividing (a) the sums required annually under the bylaw by (b) the total taxable frontage. (8) Subsection (7) does not apply if (a) the rate has been established under section 634 (1) (a), or (b) a frontage tax is levied under section 544, 575, 602 or 824 (2) and the bylaw provides for a set rate by distance of taxable frontage to remain in force from year to year until altered or repealed. (9) If land is held or occupied as referred to in section 356 or 357, the frontage tax on the land is collectable and must be paid by the person who holds or occupies the land. Parcel tax may be imposed as alternative to frontage tax 431 (1) If a council is empowered to impose a frontage tax, it may instead impose a tax with respect to each parcel or group of parcels at the same rate for each parcel or group of parcels, and this Division applies. (2) As an exception, subsection (1) does not apply to a frontage tax under Division 1 of Part 19. Frontage tax assessment roll 432 (1) Before a frontage tax is imposed, the collector or other person named by the council must, at the council's direction, prepare a frontage tax assessment roll. (2) The collector or other person must set down on the frontage tax assessment roll for each parcel assessed (a) the name of the owner, (b) the actual frontage, and (c) the taxable frontage. (3) At the council's direction, the collector or other person must revise the frontage tax assessment roll by assessing in accordance with this Division all parcels of land that, under the bylaw by which the frontage tax was and is imposed, are to have become subject to the tax, whether or not the parcels were included in the original or last revised frontage tax assessment roll. (4) When the collector or other person has revised the frontage tax assessment roll under subsection (3) and the revised roll has been confirmed and authenticated under section 435, (a) the total actual frontages and the total taxable frontages must be adjusted accordingly, (b) the new totals must be noted on the applicable bylaw under section 430 (1), and (c) that bylaw is deemed to be amended accordingly, or the council may amend the bylaw accordingly. Consideration of assessment roll by local court of revision 433 (1) Every frontage tax assessment roll and revision of it must be considered and dealt with by a local court of revision under section 362 (1). (2) A council must establish the time and place for the sitting of the local court of revision and must have notice of the time and place published in a newspaper at least 2 weeks before the day of the sitting. (3) At least 2 weeks before the day appointed for the sitting of the local court of revision, the collector or other person named by the council must mail to the owner of every parcel of land that is to be taxed a notice in appropriate or prescribed form giving (a) the particulars of the work or service, (b) the actual frontage and the taxable frontage, as shown on the frontage tax assessment roll, and (c) the time and place of the first sitting of the local court of revision. (4) The obligation to give notice under subsection (3) is satisfied if a reasonable effort was made to mail or otherwise deliver the notice. (5) The frontage tax assessment roll or the frontage tax assessment roll as revised must be kept open for inspection at the office of the collector or other person named by the council for at least 10 days immediately before the day appointed for the first sitting of the local court of revision. (6) The local court of revision must hear complaints and may review and correct the frontage tax assessment roll as to the names of the owners of parcels of land and the actual and taxable frontage of the parcels. (7) As a limit on subsection (6), a complaint must not be heard by the local court of revision unless written notice of it has been made to the office of the collector or other person named by the council at least 48 hours before the time appointed for the first sitting of the local court of revision. (8) If it appears to the local court of revision that a parcel of land which has not been assessed for frontage tax should be so assessed, the court may direct that the parcel be assessed, and must set its actual and taxable frontages. Notice to owner of proposed revision to create or increase frontage tax liability 434 (1) A final determination under section 433 (8), or a final correction of a frontage tax assessment roll by which the actual or taxable frontage of a parcel is increased, must not be made until 5 days after a notice or further notice has been mailed to the owner of the parcel stating (a) the intention of the local court of revision, and (b) the time and place set for the adjourned sitting of the court at which the direction or correction is intended to be given or made. (2) The obligation to give notice under subsection (1) is satisfied if a reasonable effort was made to mail or otherwise deliver the notice. Alterations in assessment roll 435 (1) The chair of the local court of revision must (a) see that alterations are made in the frontage tax assessment roll or revision of it in accordance with the directions contained in the minutes of the proceedings of the court, and (b) initial each alteration in red ink. (2) The local court of revision must identify, confirm and authenticate the roll or revision of it by inscribing or endorsing on it or attaching to it a certificate signed by a majority of the members of the court. (3) The Lieutenant Governor in Council may prescribe the form of a certificate under subsection (2). Assessment roll valid and binding 436 The frontage tax assessment roll or revision of it as confirmed and authenticated by a local court of revision is, except in so far as it may be further amended on appeal, valid and binding on all parties concerned, despite any omission or any defect or error committed in or with regard to the roll, or any defect, error or misstatement in any required notice, or the omission to mail the notice. Frontage tax must be shown on property tax roll 437 The frontage tax imposed on each parcel of land must be shown by the collector on the property tax roll. Apportionment of tax for subdivided land 438 (1) If a parcel of land taxed under this Division is subdivided, the collector must apportion among the various parcels of land into which it has been subdivided the frontage tax imposed on that parcel. (2) The collector must make the alterations in the property tax roll necessary to give effect to an apportionment made under subsection (1), and the frontage tax as varied is valid and binding on all persons and real property concerned. (3) An apportionment or reapportionment of a frontage tax under this section does not (a) require authorization or confirmation by bylaw or by a local court of revision, (b) in any way invalidate or adversely affect a debenture of the municipality, (c) operate as a new frontage tax assessment, or (d) in any way invalidate, reopen or affect the frontage tax assessment roll other than for the land in respect of which the apportionment or reapportionment has been made. Advances for tax proceeds 439 (1) A council may advance sums required to meet expenditures lawfully payable out of the proceeds of a frontage tax or to make up deficiencies pending levy and collection, in which case the council must apply the proceeds when received to the general funds of the municipality. (2) A council may borrow sums necessary for the purposes of subsection (1) as part of its annual borrowings in anticipation of current revenue, subject to the limit that this section does not authorize borrowing beyond the amount otherwise established by this Act. Accounts for frontage taxes 440 The municipal officer assigned responsibility under section 199 [financial administration] must have proper accounts and records kept for every frontage tax. Division 10 - Business Tax Definitions 441 In this Division: "business" and "resident business" have the same meaning as in section 652; "business tax" means a tax under section 442 (1); "personal property" means the property that is (a) included in the definition of improvements for purposes other than general municipal taxation purposes, and (b) excluded from the definition of improvements for general municipal taxation purposes; "taxable value of personal property" means 21% of the value of personal property; "value of personal property" means the assessed value of personal property as determined annually under the Assessment Act by the assessor for other than general municipal taxation purposes. Business tax 442 (1) A council may, by bylaw adopted before November 30 in any year, provide for the imposition of an annual tax in succeeding years on every person carrying on a resident business in the municipality. (2) The business tax must be in an amount equal to (a) a designated percentage, not greater than 10%, of the gross annual rental value of the real property, or part of it, occupied or used for the purpose of the business, or (b) a designated percentage, not greater than 1%, of the taxable value of personal property used by the person in or on the real property for the purpose of the business, whichever produces the greater amount of tax. (3) If a bylaw under this section imposes a rate less than the maximums provided under subsection (2), the relationship between the rates must be the same as the relationship between those maximums. (4) A bylaw under this section (a) may include provisions respecting the administration of assessment, appeal from assessment, collection and all other matters that may be necessary for the proper administration of the tax, (b) must provide that the local court of revision has jurisdiction to review the assessment of rental values, and (c) must set dates for payment and impose penalties not greater than 10% of the amount of the business tax remaining unpaid after the date set for payment. (5) Despite subsection (1), no business tax may be imposed on a person with respect to real property or part of it, or personal property, used by the person to provide residential or transient living accommodation or used for farming. (6) Every person liable to a business tax who contravenes a bylaw under this section or sections 443 to 445 is liable on conviction to a penalty not greater than $250 for each contravention. Business tax roll and assessment 443 (1) The collector must prepare a business tax roll, in which the collector must enter (a) the name of every person liable for the tax, (b) the amount of each person's liability, and (c) any other information the collector considers necessary for the proper collection of the tax. (2) The gross annual rental of real property for the purposes of this Division, whether or not the property is actually being rented, is deemed to include the real property taxes and the cost of providing heat and other services necessary for comfortable use or occupancy, whether provided or paid by the owner or occupier. (3) In determining the gross annual rental value, the collector or other person named by the council may consider the factors referred to in section 19 (3) of the Assessment Act and other factors the person considers appropriate. (4) The value determined as referred to in subsection (3) may be the same as the actual rental being paid for the occupancy of the real property or higher or lower than that rental. Liability for business tax 444 (1) A person assessed for business tax is liable to pay the tax, and sections 362, 397 (2), (3) and (4) and 398 apply, but a business tax does not constitute a charge on the real property. (2) An occupant of property or part of it, or a user of personal property, is not exempt from taxation under this section by reason only that the person is or is not the owner of the property. (3) The business tax payable by a person must be reduced (a) by the amount of the full fee paid by the person for the same business for a licence under Division 1 of Part 20 to operate solely in the municipality, or (b) by that portion of the fee paid by the person for the same business for a licence to operate in a trading area that is retained by the municipality. (4) Despite anything to the contrary in any Act, a trust company is liable to a business tax. Council may require notice of change in business occupancy 445 (1) A council may, by bylaw, require every person or agent renting or leasing premises to a person liable for business tax to notify the collector or other person named by the council within 7 days of the beginning of all occupancies and changes in occupancy. (2) In addition to any other penalty to which the person may be liable, a person who fails to comply with a bylaw under subsection (1) is liable on conviction to a penalty not greater than $10 for every day on which the failure continues. Business tax on utility companies 446 (1) An electric light, electric power, telephone, water, gas or closed circuit television company is liable, in respect of those parts of any real property and buildings that are occupied or used by the company for general administration or dealing with the public, for the payment of any business tax of general application levied under section 445. (2) For greater certainty, the parts referred to in subsection (1) do not include a part of the real property or buildings occupied or used solely for the generation, transmission or distribution of electricity or telephonic communication, the transportation or distribution of water, the manufacture, transportation or distribution of gas, or the transmission of closed circuit television. Alternative tax on operators of licensed liquor establishments 447 (1) A council may, by bylaw, tax every person who operates a licensed establishment, as defined in the Liquor Control and Licensing Act. (2) A tax under subsection (1) must not be greater than 20% of the amount of the annual licence fees that were required to be paid to the Liquor Control and Licensing Branch in the preceding year in respect of the business. (3) As an exception in the first year of operation of the business in the municipality, a person must pay tax under this section on the basis only of the minimum licence fee required to be paid to the Liquor Control and Licensing Branch. (4) On or before January 31 in each year, a person liable to tax under this section must file with the assessor, collector or licence collector a statement showing the amount of the annual licence fee of the preceding year that the person was required to pay to the Liquor Control and Licensing Branch. (5) A bylaw under subsection (1) may provide for collecting the tax, and for imposing penalties similar to those referred to in section 669 in default of payment at the time appointed, and for failure to file the statement required under subsection (4). (6) Despite anything in this Act, the following apply if a tax is imposed under subsection (1): (a) a business tax or licence fee may not be imposed in respect of that portion of the premises and equipment used in them exclusively for the purpose of a licence issued under the Liquor Control and Licensing Act; (b) the council may not vary in respect of the operation of the business the amount or rate of a licence fee for the class of business only because a person possesses a licence issued under the Liquor Control and Licensing Act; (c) the person taxed is liable only to pay the amount of the tax under subsection (1), the amount of the business licence fee or the amount of the business tax, whichever is the greatest. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 12 - Debts and Securities Division 1 - Restrictions on Incurring Liabilities Limits on incurring financial liability 448 As a limitation on section 176 [corporate powers], a council must not, except as provided in this Part, (a) incur a liability beyond the total of (i) the municipal revenue for the current year, and (ii) any of the accumulated revenue surplus of previous years appropriated for the annual budget, or the annual budget as amended, or (b) borrow in anticipation of current revenue. Limits on municipal borrowing 449 (1) A city, town or district municipality must not contract a debt that causes the aggregate debt for all purposes, other than those referred to in subsection (2), to exceed the total of (a) 20% of the average taxable value calculated under subsection (5) for the municipality, and (b) 20% of the value of the utility systems and other municipal enterprises, determined in accordance with subsection (7). (2) Subsection (1) does not apply to debt for temporary current borrowings, debt for school or hospital purposes, and 50% of the debt for utility systems or other municipal enterprises. (3) A village must not contract a debt that causes the aggregate debt for all purposes, other than those referred to in subsection (4), to exceed the total of (a) 10% of the average taxable value calculated under subsection (5) for the village, and (b) 20% of the value for the village of the utility systems and other municipal enterprises determined in accordance with subsection (7). (4) Subsection (3) does not apply to debt for temporary current borrowings and 50% of the debt for utility systems or other municipal enterprises. (5) The average taxable value for the purposes of subsections (1) (a) and (3) (a) is the value calculated in accordance with the following formula: average taxable value = X(x%) + Y(y%) + Z(z%) --- 3 where X = the total taxable value for the current taxation year, determined in accordance with subsection (6); x%=a percentage that is prescribed by the minister for the municipality for the taxation year referred to in X; Y=the total taxable value for the taxation year immediately preceding the taxation year referred to in X, determined in accordance with subsection (6); y%=a percentage that was prescribed by the minister for the municipality for the taxation year referred to in Y; Z=the total taxable value for the taxation year immediately preceding the taxation year referred to in Y, determined in accordance with subsection (6); z%=a percentage that was prescribed by the minister for the municipality for the taxation year referred to in Z.

(6) For the purposes of subsection (5), the total taxable value of land and improvements for a taxation year is the total taxable value for general municipal purposes of the taxable land and improvements in the municipality for the applicable taxation year, determined under section 19 (13) of the Assessment Act. (7) For the purposes of subsections (1) and (3), the value of the utility systems and other municipal enterprises is the cost of the systems and enterprises less the amounts approved by the auditor for depreciation. (8) For purposes of subsection (3) (a), the minister may prescribe a percentage applicable to a specific village for a specific taxation year. (9) Debt of a regional district or regional hospital district is not to be included in the general debt of a municipality for the purpose of determining its borrowing power. (10) In calculating borrowing power under this section, the unencumbered funds or securities held to the credit of a sinking fund or debt retirement fund, other than those for debts for school purposes and 50% of those held for debt for utilities or other municipal enterprises, to a value approved by the inspector are to be deducted from the total debt outstanding. (11) With the approval of the inspector, the total debt of a municipality may exceed the applicable limit under subsection (1) or (3). Section Repealed 450 [Repealed 1998-34-73.] Division 2 - Authority to Incur Liabilities Liabilities beyond the current year 451 (1) A council may, under an agreement, incur a liability payable after the end of the current year if (a) the liability is not a debenture debt, and (b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement. (2) Subsection (1) applies despite the following: section 448 (a) [limits on incurring financial liability]; section 455 [loan authorization bylaws]; section 458 [counter petition opportunity required for borrowings]; section 461 (1) and (2) [security issuing bylaws]. (3) If an agreement under subsection (1) is (a) for more than 5 years, or (b) for a period that by exercising rights of renewal or extension could exceed 5 years, the council must not incur the liability until it has provided a counter petition opportunity in relation to the proposed liability. (4) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under subsection (3) must include the nature, term and amount of the liability. (5) As an exception to subsection (3), a counter petition opportunity is not required for a liability to be incurred for the supply of materials, equipment or services under an agreement referred to in section 3 of the Police Act. Section Repealed 452 [Repealed 1998-34-74.] Revenue anticipation borrowing 453 (1) Despite any provision of this Act, a council may, by bylaw adopted without the assent of the electors or approval of the inspector, provide for the borrowing of money that may be necessary to meet current lawful expenditures. (2) The debt outstanding under this section must not exceed at any time the total of (a) the unpaid taxes for all purposes levied during the current year, and (b) the money remaining due from other governments. (3) Before the adoption of the annual rates bylaw in any year, the taxes in the current year are deemed to be 75% of all taxes levied for all purposes in the preceding year. (4) When collected, unpaid taxes and taxes levied for the current year must be used as necessary to repay money borrowed under this section. (5) The taking of special security under this section does not limit or affect in any way the general liability of the municipality for any money authorized to be borrowed under this section. Short term capital borrowing 454 (1) Despite any other provision of this Act but subject to this section, if a council considers it necessary or advisable to contract a debt for any purpose of a capital nature, the council may, by bylaw adopted without the assent of the electors, contract the debt by borrowing. (2) A bylaw under this section is not valid unless it is governed by the following provisions: (a) the debt outstanding under this section must not exceed at any time a sum equal to $50 multiplied by the municipal population; (b) the bylaw must state a date on which it is to take effect; (c) the debt and securities for it must be payable no later than 5 years from the date on which the securities were issued or the reasonable life expectancy of the work for which the debt is contracted, whichever is less; (d) the securities issued for the debt must be dated in the same calendar year in which the bylaw is adopted; (e) the bylaw must provide that sums be raised and levied in each year during the currency of the securities sufficient to pay interest and repay principal when due. (3) A bylaw under this section must set out the following: (a) the amount of the debt intended to be created; (b) in reasonable detail, the object for which the debt is to be created; (c) the amount of existing obligations authorized under this section; (d) the amount of the existing municipal debenture debt and of the principal and interest in arrears, if any; (e) the consents or approvals required by any Act that have been obtained. (4) A bylaw under this section must not be adopted until its terms, the nature and form of securities to be issued, the terms of repayment and the project have been approved by the inspector. (5) Before granting approval of a bylaw under this section, the inspector may require the council to submit a budget of capital expenditures for the next 5 years and the proposed method of financing the expenditures. (6) Securities issued under a bylaw adopted under this section rank as debenture debt of the municipality. (7) A debt under this section must conform to the capital expenditure program adopted by bylaw under section 329 [capital expenditure program]. Loan authorization bylaws 455 (1) A council may, by a loan authorization bylaw adopted under the formalities and restrictions in this Act, provide for contracting debts by borrowing. (2) Unless otherwise provided in this Act, the funds borrowed or obligation incurred may be used only for a capital purpose within the jurisdiction of the council. (2.1) As an exception to subsection (2), the funds borrowed or obligation incurred may be used for the purpose of providing assistance within the meaning of section 181 [definition of assistance] by (a) lending to any person or public authority to which the municipality may provide assistance under Part 5 [Corporate Powers], or (b) guaranteeing repayment of borrowing, or providing security for the borrowing, of a person or public authority referred to in paragraph (a), but only if the assistance is provided under an agreement. (3) A loan authorization bylaw must set out the following: (a) the debt to be created and, in brief and general terms, the object for the debt; (b) the amount for the current year of the assessed value for general municipal purposes of the taxable land and improvements, determined under the Assessment Act, and those amounts for each of the 2 years immediately preceding the year in which the debt is to be created; (c) the depreciated value of the type of utility systems and other municipal enterprises referred to in section 449 (2), as at December 31 in the year immediately preceding the year in which the debt is to be created; (d) the amount of existing outstanding debenture debt of the municipality, the amount of debenture debt of the municipality authorized and unissued and, if applicable, the amount of the principal and interest of the debenture debt in arrears; (e) the maximum term for which the debentures may be issued. (4) It is not necessary to set out in the bylaw of a municipality the debt of a regional district or regional hospital district, other than under section 835. (5) The power to adopt a loan authorization bylaw may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw under section 280.3. (6) A counter petition opportunity must not be provided in relation to a loan authorization bylaw unless the necessary consent or approval required by an Act has been obtained. (7) The authority to borrow under a loan authorization bylaw ends, (a) in the case of a loan authorization bylaw under subsection (2.1), at the end of the term of the agreement required by that subsection, and (b) in other cases, 5 years from the date of adoption of the bylaw, for any part of the amount authorized by the bylaw that has not already been used to secure temporary borrowing under section 460 or included under a security issuing bylaw. (8) A debt used for a purpose referred to in subsection (2) must conform to the capital expenditure program adopted by bylaw under section 329 [capital expenditure program]. (9) The maximum term of a debt that may be authorized by a bylaw under subsection (1) is the lesser of (a) 30 years, and (b) the reasonable life expectancy of the work for which the debt is contracted. (10) As an exception to subsection (9), the maximum term of the debt used or obligation incurred for a purpose referred to in subsection (2.1) is the remaining term of the agreement under which the assistance is provided. Loan authorization bylaw approval by inspector 456 (1) A loan authorization bylaw must not be adopted unless the contents have been approved by the inspector. (2) The inspector may, in his or her discretion and on considering the economic circumstances involved, do any of the following: (a) refuse approval if the inspector considers that the proposed debt should not be created; (b) withhold approval until satisfied that the project can be completed for the amount proposed to be borrowed; (c) withhold approval until satisfied that the depletion of the borrowing power caused by the proposed borrowing will not unduly delay other projects of established urgency then under contemplation; (d) withhold approval until the amount to be borrowed is reduced; (e) withhold approval until satisfied that the terms of the bylaw are altered in accordance with the inspector's direction. Appeal from inspector's decision under section 456 457 (1) An appeal lies to the minister from a decision of the inspector under section 456. (2) On an appeal under subsection (1), the minister must hear and determine the matter, and may confirm, rescind or amend the decision of the inspector. (3) The determination on the appeal is conclusive and binding on all parties, including the inspector. (4) The deputy minister may not hear or be involved in an appeal under this section. Counter petition opportunity required for borrowings 458 (1) Except as otherwise provided, the council must provide a counter petition opportunity in relation to a proposed bylaw under section 455 [loan authorization bylaws]. (2) A counter petition opportunity is not required if the money to be borrowed is for one or more of the following: (a) local improvements; (b) works under an order of the Inspector of Dikes; (c) works required to be carried out pursuant to an order under section 32 of the Waste Management Act; (d) works required to be carried out under the Environment Management Act pursuant to an order of the minister responsible for that Act or the Lieutenant Governor in Council. (3) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under this section (a) must include (i) the amount proposed to be borrowed, and (ii) the length of time for repayment, and (b) may describe the proposed work by reference to a plan of the work. (4) A bylaw referred to in subsection (1) may be amended or repealed without providing a counter petition opportunity if the inspector approves. Borrowing to cover judgments and awards in legal proceedings 458.1 (1) A council may, by loan authorization bylaw adopted without providing a counter petition opportunity but with the approval of the inspector, borrow money required for one or more of the following: (a) to comply with an order or requirement to pay money into the Supreme Court as security (i) for payment of a judgment or other debt, (ii) for damages or costs, or (iii) for the costs of an appeal from the decision of a court or an arbitrator; (b) to satisfy a judgment or other order of a court against the municipality; (c) to satisfy an award resulting from an arbitrator's determination of liability or quantum of damages against the municipality, including orders of the arbitrator related to that determination. (2) [Repealed 1998-34-78.] Comprehensive loan authorization bylaw 459 (1) Instead of a loan authorization bylaw for one purpose, a council may adopt a comprehensive loan authorization bylaw to borrow money to carry out works and services specified in the bylaw during a period of up to 10 years specified in the bylaw. (2) As a limit on subsection (1), a municipality may not adopt a comprehensive loan authorization bylaw unless the following requirements are met: (a) the total amount proposed to be borrowed under the bylaw has been approved by the inspector; (b) in the case of a municipality with a population of less than 25 000, the bylaw has been approved by the inspector; (c) the council has provided a counter petition opportunity in relation to the proposed bylaw. (3) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under subsection (2) (c) must include (a) the total amount proposed to be borrowed under the bylaw, (b) the works and services covered by the bylaw, (c) the amount allocated by the bylaw to each of the specified works and services, and (d) the beginning and ending dates of the authority to borrow under the bylaw. (4) A debt under this section must conform to the capital expenditure program adopted by bylaw under section 329 [capital expenditure program]. (5) The maximum term of a debt that may be authorized by a comprehensive loan authorization bylaw is the lesser of (a) 30 years, and (b) the reasonable life expectancy of the work for which the debt is contracted. (6) If a council exercises the option of seeking electors' assent to a comprehensive loan authorization bylaw, rather than providing a counter petition opportunity, any number of specified works and services is deemed to be a distinct purpose for the purposes of section 160 (1) [each vote must be for a distinct purpose]. (7) A bylaw under this section may be amended or repealed without providing a counter petition opportunity if the inspector approves. (8) The authority to borrow under a comprehensive loan authorization bylaw ends 10 years from the date of the adoption of the bylaw for any part of the amount authorized by the bylaw that has not already been used to secure temporary borrowing under section 460 or included under a security issuing bylaw. Temporary borrowing under loan authorization bylaw 460 (1) A council that has adopted a loan authorization bylaw may, by bylaw adopted without further assents or approvals, borrow temporarily money not exceeding the difference between the total amount authorized by the loan authorization bylaw and the face value of debentures issued and sold. (2) Borrowing under subsection (1) may be by the issue of temporary securities or by pledging with the lender the issued and unsold debentures. (3) Money borrowed under this section must be used solely for the purposes set out in the loan authorization bylaw. (4) The proceeds from a sale of the debentures, or as much as may be necessary, must be used to repay the money temporarily borrowed. (5) On the date a security is payable under this section, unless renewed by mutual agreement for a further term, the lender is entitled to receive, in payment of the obligation created by the security, debentures having a total par value equal to the face value of the security. Division 3 - Authority to Issue Securities Security issuing bylaws 461 (1) A council may, by a security issuing bylaw, provide for the issue of debentures or other evidence of debt for all or part of the debt authorized by one or more loan authorization or comprehensive loan authorization bylaws. (2) A security issuing bylaw must provide that a sum is to be levied and raised by real property taxes each year by a rate sufficient for whichever of the following is applicable: (a) to make the annual payments for interest and principal; (b) to make up a known or anticipated deficiency in the amount raised or to be raised by a special charge, rate or tax for the annual interest and principal payments; (c) if it is anticipated that the revenue from the undertaking for which a debt is created will be insufficient to meet the annual payments, to make up that deficiency. (3) A security issuing bylaw must specify the following: (a) the loan authorization bylaws that authorize the borrowing; (b) the amount of borrowing authorized by each loan authorization bylaw; (c) the amount already borrowed under each loan authorization bylaw; (d) the amount remaining to be borrowed under each loan authorization bylaw; (e) the amount now being issued under each loan authorization bylaw. (4) The proceeds of the borrowing under a security issuing bylaw must be allotted proportionately for the purposes of each loan authorization bylaw referred to in subsection (3) (a). (5) A security issuing bylaw must not be adopted (a) while any proceeding is pending in which the validity of a loan authorization bylaw containing the authority under which the security issuing bylaw is to be adopted is called in question or by which it is sought to be set aside, or (b) until the time for giving notice of intention to apply to set aside the loan authorization bylaw expires. Security issuing bylaw approval by inspector 462 (1) A security issuing bylaw must not be adopted unless the contents have been approved by the inspector. (2) The inspector may, in his or her discretion, withhold approval until satisfied that the terms for repayment or rate of interest, or other content, are altered in accordance with the inspector's direction. Appeal from inspector's decision under section 462 463 (1) An appeal lies to the minister from a decision of the inspector under section 462. (2) On an appeal under subsection (1), the minister must hear and determine the matter, and may confirm, rescind or amend the decision of the inspector. (3) The determination on the appeal is conclusive and binding on all parties, including the inspector. (4) The deputy minister may not hear or be involved in an appeal under this section. Form of debentures that may be authorized 464 (1) A security issuing bylaw under section 461 may authorize the issue of one or more of the following: (a) debentures under terms where repayment of principal and payment of interest on principal are combined into blended payments of principal and interest payable annually, for the duration of the debentures, as nearly as practicable in equal amounts, in which case the bylaw must set a specific sum for each payment; (b) debentures under terms where payment of interest on principal is biannual or annual and repayment of principal is made by specific instalments for the duration of the debentures, in which case the bylaw must set a specific sum required for each payment of interest and specific sums in each year as required for payment of the instalments of principal; (c) sinking fund debentures for a term not longer than 30 years, if the payment of interest and the repayment of principal is to be guaranteed by the Provincial government and if the sinking fund payments are to be made to and administered by the Minister of Finance and Corporate Relations. (2) A security issuing bylaw may provide that the debt, and all debentures or other obligations outstanding issued for it, may be called in and paid at any time before maturity on terms as to notice or otherwise specified by the bylaw. (3) If a security issuing bylaw provides for 2 or more series of debentures, all debentures in the same series must bear the same date. (4) Unless subsection (3) applies, all debentures issued under the same security issuing bylaw must bear the same date. (5) Interest accrued on a debenture at the date of its delivery to the purchaser by the municipality must be payable by the purchaser to the municipality. Regional district financing of municipal undertaking 465 (1) If a regional district is to finance an undertaking for the municipality under section 835, the security issuing bylaw of the municipality may provide that the mayor and the municipal officer assigned responsibility under section 199 [financial administration], on behalf of the municipality, must (a) sign and deliver debentures to the regional district in an amount sufficient to meet the obligations of the regional district for its borrowing, or (b) make an agreement with the regional district for payment by the municipality to the regional district of the amount required to meet the obligations of the regional district for its borrowing, in which case the agreement ranks as debenture debt of the municipality. (2) The debentures or agreement under subsection (1) must set out the schedule of repayment of principal and the interest to be paid on unpaid amounts. (3) A bylaw under subsection (1) is the regional district's authority to proceed under section 835 and must not be amended or repealed without the consent of the board. Division 4 - Municipal Debentures Sealing and signing debentures 466 (1) Unless otherwise specially authorized, debentures and other instruments relating to the contracting or repayment of debts that are authorized to be executed for a municipality must be signed by the mayor and the municipal officer assigned responsibility under section 199 [financial administration]. (2) A council may, by bylaw, provide that some other person or persons must sign the debentures or other instruments in place of the persons referred to in subsection (1). (3) The coupons attached to a debenture must bear the signatures of the persons signing the debenture. (4) Signatures to the debentures and coupons may be written in any visible form. (5) A debenture or other instrument that does not comply with this section is not valid. Debenture payable to bearer 467 (1) A debenture issued for a municipality, payable to bearer, or to a person named in it or bearer, may be transferred by delivery. (2) Transfer by delivery vests the property of the debenture in the holder and enables the holder to maintain an action on it in the holder's own name. (3) A debenture issued and payable to a person or order is, after endorsement in blank by the person, transferable by delivery. (4) A debenture transferable by delivery may be subsequently made payable to a person or the person's order and registered under section 468. Registration of debenture 468 (1) A debenture may contain or may have endorsed on it a provision to the following effect: This debenture, or an interest in it, is not, after a certificate of ownership has been endorsed on it by the municipal officer assigned responsibility under section 199 [financial administration] of the Municipal Act for this municipality, transferable except by entry of that officer or that officer's deputy in the debenture registry book of the municipality at the ...... of ...... (2) On application of the owner of a debenture or an interest in it, the municipal officer assigned responsibility under section 199 [financial administration] must (a) endorse on the debenture a certificate of ownership, and (b) enter in the debenture registry book a record of the certificate, of every certificate subsequently given and a memorandum of every transfer of the debenture. (3) A certificate of ownership must only be endorsed on a debenture on the written authority of the person last entered as its owner, the personal representative of that person or the attorney of either. (4) The written authority referred to in subsection (3) must be retained by the municipal officer referred to in subsection (2). (5) A debenture with a certificate of ownership endorsed on it is transferable only by entry in the debenture registry book made by the municipal officer referred to in subsection (2), after a transfer is authorized by the current owner, the personal representative of that person or the attorney of either. (6) The municipal officer referred to in subsection (2) may cancel a certificate of ownership on the written request of the person named as owner, the personal representative of that person or the attorney of either. (7) After a certificate of ownership is cancelled under subsection (6), the debenture is then payable to the bearer and transferable by delivery. Legal proceedings on debentures 469 In a proceeding on a debenture, (a) it is not necessary for the plaintiff to plead or prove how the plaintiff became its holder, or to plead or prove the notices, bylaws or other proceedings under which the debenture was issued, and (b) it is sufficient in the pleading to describe the plaintiff as the holder of the debenture, alleging any endorsement in blank, to briefly state its legal effect and to make proof accordingly. When debenture binds municipality 470 (1) Debentures issued under a bylaw adopted under this Act are valid and binding on a municipality, despite an insufficiency in form or otherwise of the bylaw or debenture, or in the municipality's authority, if (a) the bylaw has received the assent of the electors, if this is necessary, and (b) no successful application has been made to set the bylaw aside within the time allowed by this Act. (2) If the interest due under debentures has been paid for one year by a municipality and the bylaw under which the debentures were issued has not been set aside by a court within a year of its adoption, the debentures and the bylaw are valid and binding on the municipality, the electors and the taxpayers and on all parties concerned. (3) A municipality is not bound to see to the execution of a trust, express, implied or constructive, to which a municipal debenture or security is subject. Currency and place of payment 471 Debentures issued for a municipality may be made payable as to both principal and interest in Canada in Canadian currency, in the United States in United States currency, or in the United Kingdom in sterling. Disposition of debentures 472 (1) Debentures, when issued, may be disposed of by the council, or by a person appointed by the council for that purpose, to a person as considered expedient, at a rate below par if considered necessary. (2) A debenture is recoverable to its full amount, despite its negotiation by the municipality at a rate less than par value. Replacement of lost debentures 473 (1) On application, a council may replace a lost, stolen or destroyed debenture if (a) notice of loss, theft or destruction is given to the council, (b) the application for replacement is accompanied by proof of the facts satisfactory to the council, and (c) neither the debenture nor any of its coupons has been presented for payment. (2) A debenture may not be replaced under subsection (1) until 6 months after receipt of the notice referred to in subsection (1) (a). (3) A replacement under this section must be by a duplicate debenture, with coupons attached, and the duplicate must be printed in a manner distinguishing it from the original debenture. (4) The applicant for a replacement under this section must (a) pay the costs of printing the duplicate debenture, and (b) deliver to the municipality a bond or policy of an insurer or guarantor carrying on business in British Columbia and approved by the council, in the amount of the debenture and interest, indemnifying the municipality and its paying agents against loss or damage. Cancellation and destruction of debentures 474 If for any reason debentures are to be cancelled and destroyed, they must be cancelled and destroyed under the supervision of the mayor, the municipal officer assigned responsibility under section 199 [financial administration] and the auditor. Refinancing of debenture debt 475 (1) A council may, by bylaw adopted without the assent of electors, refinance all or part of the municipality's outstanding debenture debt by authorizing the issue of new debentures to those bond holders who consent, at the same or a lower rate of interest but for a longer term, to replace debentures previously issued. (2) For the purposes of subsection (1), the council may rearrange the debt charges required to be levied that may be necessary by the new issue. (3) A bylaw under this section does not come into force until approved by the minister. (4) For each new debenture issued, outstanding debentures of a like amount must be cancelled so that the municipality's debenture debt is in no way increased by the new debentures. (5) A new debenture must not be issued extending the final maturity date by more than 10 years. (6) A further bylaw must not be adopted authorizing the issue of debentures in place of new debentures issued under this section. Temporary investment of debenture proceeds 476 (1) A council may invest temporarily in investments under section 483 (1) all or part of the proceeds obtained from the sale of debentures. (2) Interest earned on an investment under subsection (1) must be used solely for the purposes for which the debentures were created or to pay interest on them. Division 5 - Use of Borrowed Money Purposes for which money may be used 477 (1) Subject to this section, money borrowed by a municipality under any Act must not be used for a purpose other than that specified in the bylaw authorizing the borrowing. (2) A council may, by bylaw adopted with the assent of the electors, use all or part of money borrowed for a specific purpose and not repayable in the current year for any other lawful purpose of the municipality. (3) If some of the money borrowed for a work remains unused after completion of the work and payment of the costs of the work, a council may, by bylaw, provide for the use of the unused money for one or more of the following purposes: (a) to retire debentures issued for the work; (b) to purchase and cancel debentures issued for the work; (c) for expenditures of a nature similar to the purpose in the bylaw authorizing the money to be borrowed; (d) for a reserve fund for matters in paragraph (a), (b) or (c), in which case Part 13 applies. Liability for use of money contrary to this Part 478 (1) If a bylaw or resolution authorizes the expenditure of money contrary to section 477, (a) a council member who votes for the bylaw or resolution, and (b) a municipal officer or other municipal employee who obeys the bylaw or resolution is personally liable to the municipality for the amount. (1.1) A municipal officer who personally disposes of money contrary to section 477 is personally liable to the municipality for the amount. (2) It is a good defence to an action brought under this section against a municipal officer or other municipal employee if it is proved that the individual gave a written and signed warning to the council that the effect of the bylaw or resolution was to authorize use of money contrary to section 477. (3) A sum due the municipality under this section may be recovered (a) by the municipality, (b) by an elector suing in the name of the municipality or suing on behalf of all electors of the municipality, or (c) by the holder of a security suing in the name of the municipality. Disqualification of council member for use of money contrary to this Part 479 (1) In addition to any other penalty, a council member who votes as described in section 478 (1) is disqualified from holding municipal office for a period of 5 years from the date of the vote. (2) A council member who votes for a bylaw or signs any obligation in violation of a provision in sections 448 to 465 and 476, or who agrees to a violation of a provision in those sections, is disqualified from holding municipal office for 5 years.

[ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 13 - INSERT HERE

[ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 14 - Accounts and Audit Annual financial statements 507 (1) A council must require the municipal officer assigned responsibility under section 199 [financial administration], or other authorized official, to prepare by March 15 the municipal financial statements to December 31 of the preceding year. (2) The financial statements must include (a) balance sheets, which must be signed by the official required to prepare the statements, (b) statements of revenue and expenditure, and (c) other related statements and information directed by the inspector, or that may be required to comply with the regulations. (3) If a municipal activity is carried on by a municipal administrative body, the financial statements may include separate statements for each activity, so long as the items of account of a controlling nature appear in the financial statements under subsection (1). (4) The financial statements under subsection (1) and the auditor's report under section 511 must be published before June 30 in pamphlet form for the information of taxpayers. (5) Unless otherwise provided by an enactment, the published financial statements must include those for each municipal administrative body, including a corporation in which the municipality owns or controls more than 50% of the voting shares, either wholly or jointly with another municipality. (6) Before April 1, the municipal officer assigned responsibility under section 199 [financial administration] must forward to the inspector a copy of the financial statements and the auditor's report. Municipality must appoint auditor 508 (1) A council must appoint an auditor to audit the accounts and transactions of the municipality and of every municipal administrative body handling municipal funds for which no statutory audit provision is made. (2) The auditor must be (a) a member in good standing, or a partnership whose partners are members in good standing, of the Canadian Institute of Chartered Accountants, or the Certified General Accountants' Association of British Columbia, or (b) a person certified by the board established under section 181 of the Company Act. (3) Promptly after a person is appointed or terminated as auditor, the designated municipal officer must give the person written notice of the appointment or termination. (4) [Repealed 1997-25-94.] (5) Termination of an auditor is not effective until a successor is appointed. Section Repealed 509 [Repealed 1997-25-95.] Auditor may appeal termination 510 (1) If the engagement of an auditor is terminated, the auditor may appeal from the council's decision to the minister, who may confirm or set aside the termination. (2) An appeal under this section must be made in writing to the minister within one month after the auditor is notified of the termination. (3) The auditor must file a copy of the notice of appeal under subsection (2) with the municipality. (4) The council must not appoint another auditor until the time allowed for an appeal by the auditor has elapsed or, if an appeal has been made, until the appeal has been dealt with by the minister. (5) and (6) [Repealed 1997-25-96.] Duties of auditor 511 (1) The auditor must make an examination that enables the auditor to report to the council under this section. (2) The auditor must submit a report to the council on the annual financial statements under section 507 (1) for the municipality and any municipal administrative body. (3) The report under subsection (2) must state (a) whether the auditor's examination included a general review of the accounting procedures and the tests of accounting records andother supporting evidence the auditor considered necessary in the circumstances, and (b) whether in the auditor's opinion the financial statements present fairly the financial position of the municipality and municipal administrative bodies at December 31 and the results of their operations for the year then ended, in accordance with accounting principles generally accepted for municipalities in British Columbia applied on a basis consistent with that of the preceding year. (4) The auditor must separately report each disbursement, expenditure, liability or other transaction lacking proper authority under an Act, bylaw or resolution. (5) In addition to the required examination and reports, (a) the council or the inspector may require a further examination and report from the auditor as considered advisable, or (b) the auditor may, on the auditor's own initiative, make further examinations or reports the auditor considers advisable. (6) This section and section 514 (1) to (3) apply to a further examination or report under subsection (5). (7) The auditor must forward to the inspector a copy of each report made by the auditor to the council or to a municipal officer. Special reports in relation to irregularities 512 (1) The auditor must report in writing to the council and to the inspector each defalcation or irregularity in the funds, accounts, assets, liabilities and financial obligations of the municipality and of its administrative bodies. (2) The report must include the name of any person considered to be responsible and must report any sum which ought to have been but is not brought into account by a person. (3) On application by a person named in a report under this section, the auditor must state in writing the reasons for that part of the report concerning the person. (4) If the auditor considers that a contemplated expenditure which has been brought to the auditor's attention is lacking proper authority under any Act, the auditor must promptly notify the mayor, another municipal officer, and any other person the auditor may think proper, of the lack of authority for the proposed expenditure. Liability in relation to irregularities 513 (1) On receipt of a report under section 512 (1), the council must promptly institute prosecution or recovery proceedings, or both, depending on the circumstances. (2) If the municipality has not acted under subsection (1) within 14 days from the receipt of the auditor's report, those proceedings may be brought by the Attorney General. (3) A mayor, officer or person, with knowledge that a proposed expenditure has been pronounced to be lacking proper authority, who permits or is a party or privy to the expenditure is liable to (a) a penalty, on conviction, of $200, and (b) an action brought by the municipality or the Attorney General for double the amount of the unauthorized expenditure. (4) Money recovered under this section, less costs, must be paid to the municipal officer assigned responsibility under section 199 [financial administration], to be placed to the credit of the fund involved, or, if none, a fund directed by the court. (5) If the person referred to in subsection (3) is a council member, the person is disqualified from holding municipal office for a period of 5 years from the date of conviction. Powers of auditor 514 (1) The auditor has a right of access at all times to every record, instrument, account and any other component of the financial reporting system of the municipality or of any municipal administrative body handling municipal matters or funds. (2) The auditor is entitled to require from council members, from the members of a municipal administrative body, from officials of the municipality or the body, and from any other person, any information or explanation necessary to perform the auditor's duties. (3) Every council member, municipal officer or employee and every member and employee of any municipal administrative body handling municipal funds must (a) make available all those municipal records, referred to in subsection (1), necessary for an audit or required by the auditor, and (b) give the auditor every reasonable facility and provide full information and explanation about the affairs of the municipality or municipal administrative body necessary for the performance of the auditor's duties. (4) For an audit under this Act, the auditor may, by summons in writing, require (a) the production of all records of the municipality referred to in subsection (1), and all money and securities of the municipality, and (b) a person holding or accountable for records, money or securities of the municipality to appear before the auditor at an audit and complete an affidavit about their correctness. (5) A person who neglects or refuses to comply in any respect with a summons under subsection (4) is liable for each neglect or refusal, on conviction, to a penalty not exceeding $500. (6) It is an offence for a person to falsely or corruptly make or sign an affidavit under this section knowing the affidavit to be untrue in any material particular, and on conviction that person is liable to a penalty not exceeding $2 000. Auditor not to remove records without approval 515 (1) The auditor must not remove or cause to be removed records, money or securities of the municipality from the municipal office or other place of safekeeping, unless this is done with the approval of the council or an order of the Supreme Court. (2) Subsection (1) does not prohibit the auditor from transferring the records from one municipal office to another for convenience of the audit. (3) An auditor who contravenes subsection (1) is liable on conviction to a penalty not exceeding $500. Right of elector to object to accounting 516 (1) An elector of the municipality may object in writing to the auditor about an item of account or other matter relating to an audit currently in progress. (2) On receipt of an objection, the auditor must set a time and place for dealing with the objection and give the elector notice of this. (3) The auditor must consider the matters raised by the objection and, if in the auditor's opinion the objection comes within sections 512 and 513, must promptly proceed under those sections. (4) Nothing in this Part prevents an elector or group of electors from taking proceedings for recovery on behalf of the municipality. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 15 - Fire, Police And Health Services Division 1 - Fire Protection and Control Fire department 517 (1) A council may, by bylaw, establish a fire department or one or more fire brigades, voluntary or otherwise, with responsibility for (a) fire suppression and prevention, and (b) providing assistance in response to other classes of circumstances that are specified in the bylaw and that may cause harm to persons or property. (2) Without limiting section 176 [corporate powers], if a municipality has an agreement with a public authority or a person to provide fire protection and assistance response by, for or on behalf of owners or occupiers of property inside or outside the municipality, that agreement may include provisions for payment or collection of agreed charges for that service. (3) Section 599 [charges and rates for utilities outside municipalities] applies to the charges referred to in subsection (2) of this section. Fire regulations for protection of persons and property 518 Subject to the Fire Services Act and the regulations made under it, a council may, by bylaw, do one or more of the following: (a) regulate the conduct of persons at or near fires and require them to assist in the fighting of fires and in preserving property threatened by fires; (b) regulate the manufacturing, processing, storing, selling, transporting or using of combustibles, chemicals, explosives, inflammable or other dangerous things; (c) require, where the safety of forest, woodland, timber or other property is endangered by debris caused by lumbering, land clearing or industrial operation, the person carrying on or who has carried on the operation, or the owner or occupier of the land on which the debris exists, (i) to dispose of the debris by burning or in any other manner, (ii) to cut down all dead standing trees and stubs within the area affected, and (iii) to provide the labour and to take the precautions to prevent the escape of fire or damage to property as the municipality or a forest officer acting for the municipality directs; (d) regulate the construction, installation and operation of tanks, pumps and measuring devices used, or intended to be used, for the sale, storage or other disposition of gasoline, oil or other inflammable liquid; (e) regulate the use of fires and lights in the open air or elsewhere; (f) prohibit persons from standing, loitering or sitting in the aisles, passages and stairways of churches, theatres, halls, skating rinks and other places of amusement or public resort; (g) require the owners or occupiers of real property to (i) remove from a building or yard anything that, in the opinion of the fire chief, is a fire hazard or increases the danger of fire, and (ii) to clean chimneys and flues or other apparatus or things that, in the opinion of the fire chief, may if not cleaned cause a fire or increase the danger of fire; (h) authorize the fire chief, a person under the authority of the fire chief, or another person designated in the bylaw to (i) inspect premises for conditions that may cause a fire or increase the danger of a fire or increase the danger to persons, (ii) take the measures described in the bylaw to prevent and suppress fires, including the demolition of buildings and structures to prevent the spreading of fire, and (iii) issue permits for outdoor fires when considered safe to do so; (i) deal with any matter within the scope of the Fire Services Act in a manner not contrary to that Act or the regulations under it. Division 2 - Police Services Application of this Division 519 (1) Subject to subsections (2) and (3), this Division does not apply to a municipality with a population of 5 000 or less. (2) Section 522 applies to all municipalities. (3) Section 531 applies to a municipality with a population greater than 2 500. Municipality to pay cost of maintaining law and order 520 (1) Despite any Act or the letters patent incorporating a municipality, but subject to the Justice Administration Act and the Police Act, each municipality must bear the expense necessary to (a) generally maintain law and order in the municipality, (b) provide offices for the police force or police department, (c) provide premises as a place of detention, and (d) provide for the care and custody of persons held in a place of detention referred to in paragraph (c). (2) The Minister of Finance and Corporate Relations may reimburse a municipality out of money appropriated for the purpose by paying an amount prescribed by the Lieutenant Governor in Council for the expense of the care and custody of a person who is detained in a place of detention and is within a class prescribed by the Lieutenant Governor in Council. Disposal of property in police possession 521 (1) This section applies to property that has come into the custody and possession of the police force or police department on behalf of a municipality. (2) In addition to the powers granted under section 546, but subject to this section, if (a) the owner of the property has not been ascertained, and (b) no order of a competent court has been made with respect to it, the property may be disposed of or sold in accordance with this section by the municipal collector or some other person authorized by the council. (3) Except as authorized by subsection (4), the property must not be sold or disposed of until it has been in the possession of the police for 3 months. (4) The property may be sold or disposed of at any time if (a) it is a perishable article, (b) has no apparent marketable value, or (c) its custody involves unreasonable expense or inconvenience. (5) Unless claimed by and paid to the lawful owner of the property, the proceeds of any sale must be held for one year from the date of sale, and must then be dealt with under subsection (6). (6) The proceeds of a sale may be applied to one or more of the following: (a) the recovery of municipal expense incurred on recovery of the property, and on disposal or sale; (b) payment of reasonable compensation to any person by whom the property has been delivered into possession of the police; (c) payment into the general revenue of the municipality. (7) A sale may be by public auction or otherwise as determined by the council. (8) Except in the case of property of no apparent marketable value, one week's public notice of sale describing the property to be sold must be given by publication in a newspaper. (9) A person who receives or purchases an article of property as provided in this section has a good and sufficient title to that article as against any former owner of it. (10) The municipality, a member of the council, a person in lawful custody of an article of property referred to in subsection (1) or an officer, employee or agent of the municipality, is not liable in damages or otherwise for or in respect of any claim that may arise in respect of the article after it has been disposed of as provided in this section. Services for victims of crime 522 If a municipality enters into an agreement with the Provincial government for the administration and provision of services to assist victims of crime, those services may be administered and provided by the municipality (a) both inside and outside the boundaries of the municipality, and (b) directly or through another person or organization. Division 3 - Health Health regulations 523 (1) Subject to the Health Act, a council may, by bylaw, do one or more of the following: (a) regulate persons, their premises and their activities, to further the care, protection, promotion and preservation of the health of the inhabitants of the municipality, including regulating by prohibiting the smoking or other use or consumption of tobacco products in classes of premises specified in the bylaw; (b) make regulations to prohibit the creation of unsanitary conditions; (c) require a person to remedy or remove an unsanitary condition for which the person is responsible, or which exists on property owned, occupied or controlled by the person. (2) A regulation in a bylaw under subsection (1) is not valid until approved by the Minister of Health, who may consider and deal with it accordingly. Chlorination, fluoridation and other health protection measures 524 (1) Subject to the Health Act, a council may undertake the measures considered necessary to preserve public health and maintain sanitary conditions in the municipality, including the chlorination and fluoridation of the water supply. (2) As a limit on subsection (1), a council must not fluoridate the water supply unless a question regarding this has been submitted to the electors in accordance with section 245 [referendums to obtain electors' opinion] and at least 60% of the votes counted as valid are in favour of fluoridation. Order to abate dangerous conditions 525 (1) The Supreme Court may declare one or more of the following to be a nuisance and dangerous to the public safety or health: (a) a building, structure or erection of any kind; (b) a drain, ditch, watercourse, pond or surface water; (c) any other matter or thing in or on any private land, street or highway, or in or about any building or structure. (2) A declaration under subsection (1) may only be made if a medical health officer, or a person fulfilling the duties of a medical health officer, appointed by a municipality or regional district, (a) certifies (i) that there exists, in his or her opinion, serious apprehension of an epidemic breaking out in the municipality or of the spreading of a contagious or infectious disease of a serious character, and (ii) that there exists a real necessity for urgency, and (b) provides evidence by his or her affidavit as to the existence of danger to the public safety or health. (3) The Supreme Court may make a mandatory or other order considered necessary to abate a nuisance declared under subsection (1) on application (a) made by the medical health officer or other person fulfilling the duties of a medical health officer, (b) with the notice to the owner or occupier of any of those premises or otherwise as the court directs, and (c) after hearing any parties then appearing. (4) An order under subsection (3) may (a) establish a time limit for compliance with the order, and (b) name the person who must comply with the order. (5) In relation to an order under subsection (3), in default of compliance, the Supreme Court may order that anything in the order directed or required to be done may be done under the direction of the medical health officer or other person. (6) By order under this section, the Supreme Court may determine who is to pay the costs and expenses incidental to what is directed or required to be done under this section and the cost of any application made under this section. Hospitals, health centres and services 526 (1) A council may, by bylaw adopted with the assent of the electors, establish a public hospital within the meaning of the Hospital Act. (2) The council of a city, town or district municipality may, by bylaw adopted with the assent of the electors, establish an isolation hospital, a nursing home or a hospital for treatment of chronic cases. (3) A council may, by bylaw, establish a health centre. (4) [Repealed 1998-34-102.] (5) A council may provide any health services to and for the inhabitants of the municipality operated in conjunction with any purpose referred to in subsection (1), (2) or (3) as the council believes expedient. Board of management for health institutions 527 (1) A council may, by bylaw, establish a board of management to operate any or all of the institutions referred to in section 526 (1), (2) or (3). (2) The members of a board under this section are to serve without remuneration. (3) [Repealed 1998-34-103.] Ambulance service 528 (1) A council may, by bylaw, (a) establish an ambulance service for the municipality or for the municipality and adjacent areas, and (b) establish the terms and conditions under which the service will be provided. (2) If a municipality makes an agreement with another local government, the City of Vancouver or an improvement district to provide ambulance service to the residents of that other jurisdiction, all service charges for those residents remaining unpaid for 3 months are a debt payable by that other jurisdiction to the municipality providing the ambulance service. Division 4 - Welfare Accommodation for aged, infirm and disabled 529 The council of a town, city or district municipality may, by bylaw, do one or more of the following: (a) establish housing accommodation or a home, or combination of these, for the aged, infirm and disabled; (b) establish a board of management in the manner provided in section 527 to operate any or all of the institutions referred to in paragraph (a); (c) establish the terms and conditions under which the accommodation may be made available. (d) [Repealed 1998-34-105.] Social planning 530 A 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 municipality. Burial of unclaimed bodies 531 A municipality must bury any unclaimed human body found dead in the municipality, but the municipality 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.

[ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 16 - Public Works Division 1 - Municipal Buildings Section Repealed 532 [Repealed 1998-34-106.] Division 2 - Highways Possession of municipal public roads 533 (1) The right of possession of every highway in a municipality is vested in the municipality, subject to any rights in the soil which the persons who laid out the highway may have reserved. (2) Except as referred to in subsection (1), the right of possession of the municipality is not adversely affected or derogated from by prescription in favour of any other occupier. Title of highways in Provincial government 534 (1) The soil and freehold of every highway in a municipality are vested in the Provincial government and no title adverse to or in derogation to the title of the Provincial government is acquired merely by length of possession. (2) Under special circumstances, the minister may abandon a portion of a highway vested in the Provincial government and vest title in land comprised in that portion in a person, and the vesting has the same effect as a Crown grant. (3) Subsection (1) does not apply if a municipality has purchased or taken land for a highway and its title is registered in the name of the municipality. Disposal of portion of highway 535 (1) A council may, by bylaw, dispose of a portion of a highway in exchange for land necessary for the purpose of improving, widening, straightening, relocating or diverting a highway. (2) All deeds executed under this section have effect as a Crown grant free of all rights of way, and all land taken in exchange for a portion of a highway under this section are public highways, and title to them vests in the Provincial government. (3) Before adopting a bylaw under this section, the council must have notice of its intention published in a newspaper once each week for 2 consecutive weeks. District municipality may resume reserved land 536 (1) If the Provincial government has not resumed the entire area reserved in a Crown grant for making roads, canals, bridges, towing paths or other works of public utility or convenience, a district municipality may, by bylaw approved by the minister, resume any part of the granted land that is considered necessary to make roads, canals, bridges, towing paths or other works of public utility or convenience, not greater than 5% of the whole of the land granted. (2) No resumption may be made of land on which a building may have been erected, or which may be in use as gardens or otherwise for the more convenient occupation of that building. District municipality may expropriate in substitution for road allowances 537 (1) The council of a district municipality may, by bylaw, provide for the making of a new road if (a) there have been reserved to the Provincial government certain road allowances running directly along the boundary lines of each section, and (b) it is found to be inadvisable to make those roads. (2) For the purposes of subsection (1), a council may (a) expropriate land of other persons that is necessary to make a road in place of the road allowance reserved by the Provincial government, and (b) in exchange for the land expropriated grant to the owner of the land as much of the road allowance as is replaced by the new road. (3) For the purposes of this section, the reserved road allowances are vested in the municipality in which they are located. District municipality may take material for public works 538 (1) The council of a district municipality may enter on any land and take from it timber, stone, gravel, sand, clay or other material that may be required in the construction, maintenance or repair of roads, bridges or other public works. (2) Compensation for a taking under subsection (1) must be determined by the Expropriation Compensation Board. Agreements to reserve land for highway purposes 539 (1) Without limiting section 176 [corporate powers], a council may enter into an agreement with an owner of land for reserving any part of the land for highway purposes, including the condition that the land reserved must remain unencumbered by buildings or structures. (2) An agreement under subsection (1) has the effect of a restrictive covenant running with the land and must be registered in the land title office by the municipality. (3) [Repealed 1998-34-108.] Naming and numbering of highways 540 (1) A council may, by bylaw, assign a name or number to a highway. (2) A bylaw under subsection (1) does not have effect until a certified copy is filed in the land title office of the district in which the land is located. (3) A council may, by bylaw adopted by an affirmative vote of at least 2/3 of the members of council, alter the name or number assigned to a highway. (4) On deposit of a certified copy of a bylaw under subsection (3), the registrar of land titles must note the change of name or number on (a) any subdivision plan in the land title office that dedicated the highway, and (b) any plan filed or deposited in the land title office on which the highway is named. General powers in relation to highways and public works 541 (1) A council may, by bylaw, do one or more of the following: (a) authorize the establishment, widening, alteration, relocation or diversion of a highway or a portion of it; (b) stop up and close to traffic a highway or a portion of it, or reopen a highway or portion of it that has been stopped up and closed to traffic; (c) establish quarries, sand and gravel pits either inside or outside the municipality for the purpose of acquiring material for municipal public works. (2) A council may do one or more of the following: (a) lay out, construct, maintain and improve highways or any portion of them; (b) construct, repair, maintain, improve and care for sidewalks and boulevards on highways, and plant, care for and remove grass, shrubs, trees and other plants on them; (c) open and operate quarries, sand and gravel pits acquired by the municipality; (d) clean, oil and water highways, and provide lighting for highways, and do the other things necessary for the safe use and preservation of highways; (e) authorize the municipal engineer or other official at the official's discretion to temporarily close a highway or part of it to traffic, or to control traffic, during the time work is in progress. (3) In addition to any other powers dealing with the acquisition of real property that it may exercise, a council may, by bylaw, enter on, expropriate, break up, take or enter into possession of and use any real property in any way necessary or convenient for any purpose mentioned in subsections (1) and (2) or section 540 without the consent of the owners of the real property. (4) If a council exercises a power under subsection (3) that does not constitute an expropriation within the meaning of the Expropriation Act, compensation, determined by the Expropriation Compensation Board, is payable for any loss or damages caused by the exercise of the power. Regulation of highways 542 (1) A council may, by bylaw, regulate one or more of the following: (a) construction and maintenance of boulevards by or on behalf of the owners of land fronting on them; (b) planting and care of shade or ornamental trees, shrubs and bushes on a highway; (c) planting of trees, shrubs, bushes or hedges adjacent to a highway; (d) access to and from a highway for adjacent land, including the location and extent of access; (e) construction and maintenance of fences and hedges adjacent to a highway; (f) highway lighting, watering and oiling; (g) highway names and numbers and the placing of signs; (h) assigning building or structure numbers to be placed in a conspicuous place. (2) A council may, by bylaw, do one or more of the following: (a) require the owner or occupier of real property to remove snow, ice or rubbish from sidewalks and foot paths bordering the property or from the roof or other part of a structure adjacent to a highway; (b) require owners of private highways to maintain them in a clean, fit and safe state and to affix suitable private thoroughfare signs; (c) require the owner of land to fence any part of it abutting on a highway, the line of which may be obtained from the municipality for the fee set under paragraph (d); (d) set fees for the purposes of paragraph (c); (e) prohibit and provide penalties for wilful damage to boulevards, trees, shrubs, plants, bushes and hedges adjacent to a highway, and to fences and highway lighting. Regulation of signs and advertising 543 (1) Subject to the Highway Act, a council may, by bylaw, regulate or prohibit the erection, placing, alteration, maintenance, demolition and removal of a sign, sign board, advertisement, advertising device or structure, or any class of them. (2) For the purpose of subsection (1), a council may (a) classify structures, things and the whole or a portion of a highway, and (b) make different regulations for (i) different zones established under a zoning bylaw, and (ii) different classes of highways and portions of them. Charges for cleaning and clearing highways 544 (1) Subject to subsection (5), a council may, by bylaw, levy a frontage tax to defray the annual cost of one or more of the following services on any portion of a highway, sidewalk or boulevard: (a) cleaning or sweeping; (b) clearing snow and ice; (c) watering, oiling, or tarring; (d) lighting; (e) supplying light in excess of that supplied at the expense of the municipality at large; (f) cutting grass and weeds; (g) trimming trees and shrubbery. (2) A frontage tax under subsection (1) must be levied on the parcels of land that abut on the portion of the highway, sidewalk or boulevard. (3) A bylaw under subsection (1) may provide that some portion of the cost of providing any of the services is to be borne by the municipality. (4) Section 622 applies to subsection (1) and, for that purpose, a service under this section is deemed to be a work that may be undertaken as a work of local improvement. (5) A council must not undertake to provide a service for which a frontage tax is to be imposed under this section unless (a) a sufficient petition for the service has been received, or (b) no sufficient counter petition against the service has been received within 30 days after the council gives public notice of intention to undertake the service. (6) Division 1 of Part 19 applies to petitioning for or against the provision of a service under subsection (1). Regulation of extraordinary traffic 545 (1) Subject to the Highway Act, the Motor Carrier Act and the Motor Vehicle Act, a council may, by bylaw adopted with the approval of the Minister of Transportation and Highways, (a) regulate extraordinary traffic, and (b) provide that the powers exercisable by the Minister of Transportation and Highways in respect of extraordinary traffic are to be exercised in the municipality by the council or by a person delegated to do so by bylaw or resolution. (2) A bylaw under subsection (1) may (a) classify highways or portions of highways, including sidewalks and boulevards, according to areas or zones in the municipality and according to widths, amount of traffic or otherwise, and (b) provide different regulations for different classes of highways, classes of vehicles, seasons of the year and conditions of highways. Uses of highways other than traffic 546 (1) Despite any public or private Act but subject to the Motor Vehicle Act, a council may, by bylaw, regulate (a) all uses of or involving a highway or portion of it, other than uses referred to in section 545, and (b) all uses of or involving a public place. (2) Except as permitted by a bylaw under subsection (1), a person must not excavate in, cause a nuisance on, encumber, obstruct, injure, foul or damage any portion of a highway or other public place. (3) Without limiting subsections (1) and (2), a council may (a) authorize the removal, detention or impounding of a chattel or obstruction unlawfully occupying a portion of a highway or public place, and (b) provide for a scale of fees, costs and expenses for their recovery either from the owner of the chattel, or by the sale of the chattel at public auction, or by action in a court of competent jurisdiction. (4) A council may (a) grant to an organization the privilege of using a highway, or portion of it, on certain specified dates for the purpose of soliciting aid, and (b) prohibit any person from using a highway or portion of it as referred to in paragraph (a) unless that privilege has been granted. (5) A person who is being unreasonably prevented from carrying out any work, undertaking or construction lawfully permitted on, over or under a highway or other public place may appeal to the Supreme Court, which may in its discretion order that the applicant be permitted to carry out the work, undertaking or construction under the conditions specified in the order. Gates across highway 547 (1) A council may allow the construction of gates across a highway (a) at points considered advisable within 800 m of a railway crossing, or (b) for the assistance of customs and other officials in the performance of their duties. (2) A municipality is not subject to any liability by reason of the fact that gates may have been constructed across a highway or that damages may have resulted to a person by reason of their existence. Section Repealed 548 [Repealed 1998-34-108.] Division 3 - Wharves, Waterways, Drains and Dikes Powers subject to the Water Act 549 The powers exercisable under this Division are subject to the applicable provisions of the Water Act. Wharves, docks, warehouses and slips 550 (1) Without limiting section 176 [corporate powers], if a municipality owns, holds or manages a wharf, dock, warehouse or slip, the council may, by bylaw, regulate its use. (2) The power under subsection (1) may be exercised outside the municipality but, before adopting the applicable bylaw, the council must obtain the consent of the other affected local government as follows: (a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required; (b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required. (3) [Repealed 1998-34-109.] Waterways, dikes, drains and works 551 A council may, by bylaw, do one or more of the following: (a) prohibit a person from (i) polluting, or (ii) obstructing or impeding the flow of a stream, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property; (a.1) impose penalties for a contravention of a prohibition under paragraph (a); (b) require owners of dikes to meet bylaw standards; (c) make a watercourse part of the municipal drainage system, whether the watercourse is on a highway or municipal or private land; (d) construct works through, under or over land adjoining a highway for the protection of the highway from damage by water, subject to Division 3 of Part 8 [Expropriation and Compensation]. Operation of drainage works 552 (1) A council may acquire, manage, extend and remove one or more of the following: (a) works to maintain the proper flow of water in a stream as defined in the Water Act, ditch, drain or sewer in the municipality; (b) dikes; (c) works to reclaim or to protect part of the land mass of the municipality from erosion by action of the sea, a lake or stream as defined in the Water Act, or any other cause. (2) A council may, by bylaw, establish the conditions that must be met by any other person doing any class of work referred to in subsection (1). (3) A municipality has a right of reasonable access to and a right to enter private property for any purpose referred to in subsection (1). (4) A council may, by bylaw, enter or enter into possession of and use real property in any way necessary or convenient for any purpose referred to in subsection (1) without the consent of the owner. (5) [Repealed 1998-34-111.] Channel of watercourse defined 553 (1) A council may, by bylaw, provide for (a) defining the channel or bed of a stream, as defined in the Water Act, passing through the municipality, and (b) works to protect all or part of the banks of a stream referred to in paragraph (a) from erosion or damage. (2) For the purpose of constructing works under this section or section 551 or 552, a council may appropriate the land that constitutes the channel or bed of the stream without compensation to the owner. (3) A certified copy of every bylaw adopted under this section, together with a plan showing the channel or bed of the stream as defined in the bylaw, must be filed in the land title office of the district in which the land affected is located. Control of drainage 554 (1) A council may exercise the authority under subsection (2) if it considers that (a) the drainage of surface water from outside the municipality into or through an area inside the municipality should be prevented, diverted or improved, or (b) drainage of or from an area in the municipality should be prevented, continued beyond the municipality, diverted or improved. (2) In the circumstances referred to in subsection (1), a council may (a) authorize surveys and levels inside and outside the municipality necessary to prepare a plan to carry out those works, and (b) cause to be prepared a report that must include (i) a description of any land which may be beneficially or injuriously affected if the work is carried out, (ii) the extent of the benefit or injury if the work is carried out, (iii) the estimated cost of the work, and (iv) the proposed apportionment of cost and compensation. (3) Notice of works proposed under subsection (2) must be served on any other municipality that may be affected and on all persons who may be affected, stating (a) the place in the municipality where details of the project may be inspected, and (b) the date by which objections to the project must be made. (4) The date referred to in subsection (3) must be at least one month after service of the notice. (5) The designated municipal officer must make a full report to the inspector on all objections received. (6) On the application of a council, the minister may authorize works proposed under subsection (2) on terms of compensation and cost to owners of land affected that the minister considers proper. Appeal if unable to reach agreement on construction of drains 555 (1) A person may appeal to the minister if, (a) in order to provide an outlet for a surface drain, the person must continue the drain into an adjoining parcel of land or across or along a highway, and (b) the owner of an adjoining parcel or the council refuses to enter into an agreement under which the drain may be continued. (2) On an appeal under subsection (1), the minister may direct the municipality to provide the necessary works and may determine by whom the cost of the works must be borne. Assessment if damages are awarded against municipality 556 (1) If, on account of proceedings taken under this Act for drainage or reclamation works and local assessments for them, (a) damages are recovered against the municipality or parties constructing the drainage or reclamation works, or (b) other relief is given by an order of a court or an award made under this Act, the money required to enable the municipality to comply with the order or award must be apportioned and levied on the same basis as the existing assessments for those works. (2) A council must make changes in all drainage or reclamation works necessary to comply with an order or award. Liability for damage to works or watercourse 557 On complaint of the municipality, a person who (a) obstructs, fills up or injures a ditch, drain, creek or watercourse constructed or improved under this Act, or (b) cuts, destroys or injures a dike or other drainage or reclamation work connected with it, is liable to do the restoration work that the court directs, and is also liable to a penalty not greater than $200. Highway construction and dikes 558 (1) When a dike is crossed by a highway or private road, the level of the dike must not be interfered with. (2) If the top of a dike forms a portion of a highway, it is the duty of the council to maintain it at a constant level, and to repair all injury directly or indirectly caused to the dike by its use as a highway. (3) For greater certainty, a council's duty under subsection (2) is limited to the highway as a highway and, except as otherwise required, does not extend to or include repair or maintenance of the dike as distinct from the highway. (4) As an exception, subsection (2) does not apply if the council has granted a diking commission the privilege of using the existing road for a dike. Transfer of development district assets 559 (1) If a development district is dissolved under section 170 of the Drainage, Ditch and Dike Act, the minister may transfer to the municipality in which the works of the development district were located its assets, rights, claims, obligations and liabilities. (2) After a transfer under subsection (1) has been made, the area that was included in the development district is deemed to be a specified area under Division 2 of Part 19, and for this purpose that Division applies as if the municipality were a district municipality. (3) If the works of a development district are located in more than one municipality, the municipalities may assume the assets, rights, claims, obligations and liabilities in accordance with the apportionment set out in the order dissolving the development district, and that portion of the development district in each municipality is a specified area of that municipality. (4) A council may provide that some or all of the assets of the development district be credited to the specified area and that some or all of the liabilities be charged to the specified area. (5) Without limiting section 176 [corporate powers], a council may enter any agreement with the Provincial government for the joint undertaking of additional works of a similar nature and for their maintenance. (6) A council may, by bylaw adopted without the assent of the electors but otherwise in accordance with this Act, borrow sums required under any agreement with the Provincial government. (7) The entire cost or the parts of the cost of an existing work or a work to be constructed under the terms of an agreement under this section, and of its maintenance and operation, as may be determined by the council, must be borne by the owners of real property in the specified area. (8) For the purpose of subsection (7), the powers of section 646 (4) include the power to levy a charge at a uniform area rate or at a uniform rate for each parcel. District municipality drainage works 560 (1) A district municipality has, and is deemed to have had since its incorporation, the right to (a) collect the water from any highway by means of drains or ditches, and (b) convey to and discharge the water in the most convenient natural waterway or watercourse. (2) A district municipality desiring to construct ditches or drains authorized by subsection (1) must have published in a newspaper once a week for 4 consecutive weeks notice that (a) the municipality intends to undertake the works, (b) plans and specifications of the works may be inspected at the municipal hall, and (c) all claims for damages or compensation arising out of the construction, maintenance, operation or use of the works must be filed with the municipality within one month from the date of the fourth publication of the notice under this subsection. (3) No person has a claim for damages or compensation arising out of or by reason of the construction, maintenance, operation or use of the ditches or drains unless the person has filed a claim referred to in subsection (2) (c) within the time period established by that subsection. (4) If the municipality proceeds with the works or a portion of them, every claim must be determined in accordance with Division 3 of Part 8 [Expropriation and Compensation]. (5) If the construction of the drains or ditches is not started within one year from the date of the fourth publication of the notice under subsection (2), the construction must not proceed unless new notice is given in accordance with that subsection. (6) No action arising out of, by reason of or in respect of the construction, maintenance, operation or use of a drain or ditch authorized by this section, whenever the drain or ditch is or was constructed, may be brought or maintained in a court against a district municipality. (7) This section does not restrict the powers of the municipality under this Act or another enactment and, in the case of a conflict, this section prevails. Division 4 - District Municipality Ditching Projects Definitions 561 (1) In this Division: "area" means a ditching area established by the engineer under this Division; "award" means the percentage distribution of the cost of the ditch and the average annual cost of maintenance to it among the parcels of land in the area according to the benefits accruing to each parcel; "construction" means the original opening or improvement of a ditch under this Division; "ditch" includes a drain, open or wholly or partly covered, and whether in the channel of a natural stream, creek or watercourse or not, and all works and materials relating to it, including bridges, culvert catch basins and guards; "engineer" means the municipal engineer or other person considered competent and appointed by the council to carry out this Division; "maintenance" means preservation, repair and operation of a ditch; "municipality" means a district municipality; "parcel" includes a highway or part of it; "project" means a project for the construction of a ditch or ditches as referred to in section 563 (1). (2) The municipality is deemed to be the owner of highways for purposes of this Division. (3) For the purpose of ascertaining the entire cost of a project or a portion of it, either estimated or actual, those cost factors referred to in sections 633 and 634 determined by the council apply. Powers under Division are subject to the Water Act 562 The powers exercisable under this Division are subject to the applicable provisions of the Water Act. Initiation of ditching project 563 (1) A council (a) may, on its own initiative, order a preliminary report respecting a proposed project for the construction of a ditch or ditches, and (b) must order such a preliminary report when petitioned to do so by the owner of land. (2) The petition of the owner or the decision of the council must set out the parcels of land likely to be affected by the proposed project and list their owners. Preliminary report for project 564 (1) The council must notify the engineer (a) on deciding to initiate construction of a project, or (b) within 15 days after receiving an owner's petition for construction of a project. (2) Within 45 days from the date of the notice under subsection (1), the engineer must make a preliminary report to the council, stating (a) whether the engineer considers the proposed project is required, (b) whether the cost of constructing the proposed project would be justified by the estimated benefit to the land, and (c) the parcels the engineer considers would be affected by the project. Action on preliminary report 565 (1) The council must consider the preliminary report within 14 days after its delivery, and must promptly direct the engineer to proceed or not to proceed to make a detailed survey of the work and of its cost. (2) If directed to proceed, the engineer must prepare the following without delay: (a) detailed designs, surveys and estimated costs of the project; (b) an estimate of the average annual cost of maintenance; (c) a definition of the land affected; (d) a schedule showing the proportion of the costs to be charged against each parcel of land in the area affected. (3) The engineer must present his or her plans and findings to the council. Notice of proposed work 566 (1) Within 14 days of the presentation of the plans and findings, the council must (a) confirm them and accept the apportionment of costs as an award, or (b) abandon the project. (2) If the council confirms the findings, (a) the designated municipal officer must promptly mail a notice in accordance with subsection (3) to each owner affected, at the address shown for each owner on the last revised real property assessment roll, and (b) all plans and findings must be made available for inspection at the municipal hall. (3) The notice under subsection (2) must include the following: (a) a copy of the award; (b) a statement showing the amount of the estimated cost and the estimated average annual maintenance cost; (c) a statement that all plans and findings for the project will be available for inspection at the municipal hall; (d) a notice that the council will proceed with construction of the project according to the findings, unless within 15 days from the date of mailing of the notice the majority of owners of land included in the award (excluding the municipality), representing at least 50% of the assessed value of all the land affected, petition the council not to proceed. (4) The obligation to give notice under subsection (2) is satisfied if the designated municipal officer made a reasonable effort to mail or otherwise deliver the notice. (5) If the municipal officer assigned responsibility under section 198 [corporate administration] certifies that the period for petition has expired, or that a petition is insufficient, the council must promptly authorize the project to proceed. Completion of project 567 (1) On completion of the project, the engineer must deposit with the designated municipal officer a certificate that the work has been completed and a certificate of the engineer and the municipal officer assigned responsibility under section 199 [financialadministration] showing the final cost of the project and the amount charged against each parcel. (2) After receiving a cost certificate under subsection (1), the designated municipal officer must promptly mail a copy of it to each owner of land affected. Appeal to Supreme Court regarding project 568 (1) Within 30 days of the mailing of the cost certificate, an owner affected may appeal to the Supreme Court on one or more of the following grounds: (a) the award was not in accordance with benefits received; (b) certain land should be included or excluded in the area; (c) the final cost substantially exceeded the estimated cost. (2) On an appeal, the court may (a) confirm the award, alter it or exclude or add parcels of land to the award and alter it accordingly, and (b) order that all or part of the excess cost be borne by the municipality. Borrowing for project 569 If a council considers that the cost of a project is too great to be collected in a single year, it may, in accordance with Part 12, borrow without the assent of the electors, for a term not longer than 5 years, the sums of money needed to meet the total cost or the owners' portion of the cost, less any portion commuted. Subdivision of land in ditching area 570 (1) If a parcel of land in an area is subdivided, within the year of subdivision an owner of affected land may apply to the engineer for a revision of the award in accordance with subsection (2). (2) On an application under subsection (1), the engineer must revise the award and reapportion the charges, including the estimated annual maintenance charges, as the engineer considers necessary. (3) When confirmed by the council, the revised award under subsection (2) replaces the original award, and the charges on parcels in the area must be distributed accordingly and any necessary refunds made. (4) On the council's confirmation of a revised award, the designated municipal officer must promptly mail a copy of it to each owner of land in the area. (5) The revised award may be appealed within one month of the date the revised award is confirmed by the council, and section 568 applies. (6) If no application to revise the award is made, section 371 applies and all charges imposed or imposable must be apportioned accordingly by the collector on the subdivided parcels. Powers of engineer 571 For the purpose of this Division (a) section 574 (6) applies, (b) the engineer may require from the owners or occupiers of land the information under oath that the engineer considers necessary, and (c) the engineer may exercise like powers of summoning and compelling attendance of witnesses, administering an oath to witnesses, calling for the production of documents, and punishing for contempt as are given to commissioners appointed under Part 2 of the Inquiry Act. Charges for maintenance of project 572 (1) A council may, by bylaw, levy in each year in accordance with the award, or the award as amended, the amounts required to be raised under this Division for the purpose of maintaining the project. (2) As a limit on subsection (1), the total of those charges must not be greater than the average annual cost of maintenance estimated under section 566. Extending and merging of areas 573 (1) Section 650 applies to works established under this Division for maintenance purposes only. (2) If section 650 is applied, the council may, by bylaw, declare that the portion of the award relating to maintenance cost is void and instruct the engineer to establish a new schedule covering the merged area, but no parcel may be charged any greater amount than if section 650 had not been applied. Division 5 - Sewers and Storm Drains Sewerage system 574 (1) A council may, by bylaw, provide for the establishment of either or both of (a) a system of sewerage works for the collection, conveyance and disposal of sewage, or (b) drainage works for the impounding, conveying and discharging of surface and other waters. (2) [Repealed 1998-34-118.] (3) A council may operate, maintain, improve, extend or alter an existing drainage or sewerage system. (4) A council may, by bylaw, extend drainage or sewerage systems outside the municipality. (5) As a limit on subsection (4), before adopting a bylaw under that subsection, the council must obtain the consent of the other affected local government as follows: (a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required; (b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required. (6) In addition to any other power to acquire property that the council may exercise, a council (a) may, by its employees, enter on, and (b) may, by bylaw, expropriate, break up, take or enter into possession of and use, any property inside or outside the municipality in any way necessary or convenient for any of the purposes mentioned in this section without the consent of the owners of the property. (7) [Repealed 1998-34-118.] (8) A council may, by bylaw, (a) regulate the design and installation of drainage and sewerage works provided by persons other than the municipality, and (b) require owners of real property to connect their buildings and structures to the appropriate sewer or drain connections in the manner specified in the bylaw and, in the event of an owner failing to make the necessary connections within a specified time, provide for having the work done at the expense of the owner. (9) Sections 599, 603 and 606 apply to this Division. Sewer and drain charges and tax 575 (1) A council may, by bylaw, do one or more of the following: (a) impose a connection charge and set the terms of payment on owners of real property to defray the cost of laying connecting pipesfrom sewers to land on which buildings or structures are located and from drains to land required to be drained; (b) impose a frontage tax in accordance with sections 429 and 430 on the owner of land or real property capable of being drained into a sewer or drain, whether or not the land or real property is connected to or drained into the sewer or drain, for the opportunity to use the sewer or drain; (c) impose a charge against the owner or occupier of real property for the use of a sewerage system, a drainage system or a combined sewerage and drainage system. (2) A charge imposed under subsection (1) (c) for drainage facilities alone may vary in relation to the area of the land served or benefited. (3) A charge imposed under subsection (1) (c) for sewerage facilities, or for combined sewerage and drainage facilities, may vary in relation to one or more of the following: (a) the number of outlets served; (b) the quantity of water delivered to the premises by a utility; (c) the volume of effluent discharged by the user; (d) classes of users or effluents; (e) for charges in relation to sewerage facilities of the Greater Vancouver Sewerage and Drainage District, any of the factors under section 7C (2) (b) and (c) of the Greater Vancouver Sewerage and Drainage District Act. (4) A bylaw under subsection (1) may provide that the frontage tax or a charge under subsection (1) (c) may be waived or lessened for real property, any present or previous owner or present occupier of which (a) has constructed at the person's own expense a portion of the sewerage or drainage system of the municipality, or (b) has paid all debt and debt charges, including interest, in respect of that portion of the sewerage, drainage or sewerage and drainage system of the municipality that serves the real property. Section Repealed 576 [Repealed 1998-34-119.] Division 6 - Waste Removal Waste removal works and services 577 (1) A council may, by bylaw, do one or more of the following: (a) establish, maintain and operate public incinerators; (b) establish, maintain and operate grounds for disposal of garbage and of noxious, offensive or unwholesome substances; (c) establish and maintain a system to collect, remove and dispose of garbage, ashes, refuse and other noxious, offensive, unwholesome and discarded matter; (d) compel persons to make use of a system established to dispose of garbage, ashes, refuse and other noxious, offensive, unwholesome and discarded matter, and specify the terms and conditions on which persons make use of the system; (e) establish a scale of charges payable by owners or occupiers of real property for the removal to the public incinerator or another designated place of trade waste, garbage, rubbish and matter and, in relation to this, establish a system for compelling payment of the charges; (f) impose penalties for neglecting to remove or have removed and brought to the public incinerator or the other place the trade waste, garbage, rubbish and other matter; (g) [Repealed 1998-34-120.] (h) establish, maintain and operate on or under a street, or elsewhere, comfort stations, lavatories, and similar conveniences; (i) compel and regulate the emptying, cleansing and disinfecting of private drains, cesspools, septic tanks and privies, and the removal and disposal of refuse from them. (2) A council may, by bylaw, enter, break up, take or enter into possession of, and use any real property in any way necessary or convenient for any purpose mentioned in subsection (1) (a) or (b) without the consent of the owners of the real property. (3) [Repealed 1998-34-120.] (4) For works referred to in subsection (1) (a) and (b), a council may, by bylaw, (a) provide for their establishment outside the municipality, and (b) set a scale of charges and make regulations for the use of the works wherever located. (5) Before adopting a bylaw under subsection (4), the council must obtain the consent of the other affected local government as follows: (a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required; (b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required. Exemption from charges if services not required 578 (1) If a council is satisfied that a person or a person's property does not require service provided under section 577, on application by the person, the council may waive the charges imposed under that section. (2) A council may limit the period of time for which a waiver under subsection (1) is effective. Division 7 - Intermunicipal Works Intermunicipal boundary roads 579 All highways forming all or part of the boundary between municipalities must be opened, maintained, kept in repair and improved by the municipalities of which they form a boundary, and their councils have joint jurisdiction over them and are liable accordingly, although the highway may, in some places, deviate to be wholly or partly inside one or more of the municipalities. Bylaws on intermunicipal boundary roads 580 (1) A bylaw of a municipality interested in a boundary highway does not have any effect for the highway until mutually acceptable bylaws have been adopted by the councils with joint jurisdiction. (2) If a council, for 3 months after notice of a bylaw adopted under subsection (1), omits to adopt an acceptable bylaw, the omission is an inability to agree within the meaning of section 581 and that section applies. (3) This section does not apply to a work of local improvement undertaken on petition wholly at the cost of the owners of abutting property, if (a) the work is inside the municipality proposing to carry out the work, and (b) one month's notice of intention has been given to the councils of the other municipalities having jurisdiction. Disputes regarding boundary roads 581 (1) If the municipalities interested in all or part of a boundary highway are unable mutually to agree to their joint action in opening, maintaining, repairing or improving the highway, one or more of the councils may apply to the Minister of Transportation and Highways to determine the amount each municipality must be required to expend and the mode of expenditure on the highway. (2) An award and decision of the Minister of Transportation and Highways under subsection (1) is final and binding on the municipalities interested, and may be enforced by any municipality in a court of competent jurisdiction. (3) All sums of money overpaid by one or more of the municipalities for opening, maintaining, repairing or improving the boundary highway may be recovered by action of debt from a municipality in default or neglecting to make the payment directed by an award under subsection (1). Disputes regarding transecting roads 582 (1) This section applies if 2 or more adjoining municipalities, including the City of Vancouver, (a) are served by a highway that transects those municipalities, and (b) as a result, are interested in but unable to agree on the use, location, function, maintenance, repair or improvement of the highway. (2) The Minister of Transportation and Highways, on the minister's own initiative or on the application of one or more of the councils of the affected municipalities, may (a) determine the use and location of the highway or extensions, (b) designate the function of the highway, and (c) set the amount that each municipality is required to spend on the highway and the mode of expenditure. (3) An award and decision of the Minister of Transportation and Highways under subsection (2) is final and binding on the affected municipalities. (4) Section 580 applies to a highway under this section and section 581 applies to enforcement of the award and decision under subsection (2). Intermunicipal bridges 583 (1) If a river or stream forms all or part of the boundary between 2 or more municipalities, their councils may construct bridges across the river or stream in the manner and at the places to be directed by them by bylaw passed by each. (2) A bridge constructed under subsection (1) must be maintained and kept in repair jointly by the municipalities, and is under their joint jurisdiction and control. (3) Sections 580 and 581 apply to the construction and maintenance of intermunicipal bridges. Intermunicipal watercourses 584 (1) Without limiting section 176 [corporate powers] but subject to the Water Act, a council may make agreements with adjoining or contiguous municipalities, and also with the owner of any land, through, on or in which runs a natural stream or watercourse, for one or more of the following: (a) constructing, enlarging or maintaining a culvert, ditch, flume, embankment or other work; (b) removing obstructions from the stream or watercourse to lessen or prevent the danger of flooding from it; (c) the granting, expending or accepting of money for the purposes referred to in paragraphs (a) and (b), even though the culvert, ditch, flume, embankment or work may not be located in the municipality granting, expending or accepting the money or entering into the agreement. (2) Sections 580 and 581 apply to intermunicipal watercourses. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 17 - Utilities Division 1 - Regulation of Public Utilities Application to companies that provide services similar to utilities 585 This Division applies to a company that, in addition to any other function, provides a service similar in nature to a service provided by a company referred to in section 587 (a). Authority of municipalities under this Division 586 Without limiting section 546, (a) the council of a city or district municipality may exercise all the powers conferred by this Division, and (b) the council of a town or village municipality may exercise the powers conferred by sections 587 to 590. Use of highways by utilities 587 A council may, by bylaw, do one or more of the following: (a) regulate the use of highways by a gas, electric light, telephone, telegraph, power, pipeline, water, motor bus, electric trolley bus, radio or television broadcasting or closed circuit television company; (b) without limiting paragraph (a), regulate the placing or replacing of poles, towers, structures, wires, pipes, pipelines, conduits or tunnels and the like on, in, over, under or along a highway; (c) require the removal of poles, towers, wires or structures that are considered by the council to be dangerous to the public safety; (d) authorize a person to construct a tramway or railway, or equipment and structures for electric trolley buses, on, in, over, under or along any highway on specified terms and conditions. Poles on highways 588 (1) A council may require a person permitted to erect poles on highways to provide reasonable accommodation on the poles for wires and equipment of the municipality on agreed terms, and section 448 [limits on incurring financial liability] does not apply to the agreement. (2) If the parties are unable to reach an agreement referred to in subsection (1), the matters must be settled by arbitration, and for these purposes the Commercial Arbitration Act applies. Underground facilities 589 (1) Without limiting section 176 [corporate powers], a council may make, adopt or ratify agreements with any person authorized by statute to supply or supplying electric light, power, telephone or other facilities for the use of electrical current or energy, inside the municipality, for the placing of wires and equipment in connection with them in tunnels or underground conduits or structures on mutually agreed terms. (2) A council may undertake the works that are necessary to give effect to an agreement referred to in subsection (1), including the maintenance, repair, improvement or extension of the tunnels or underground conduits or structures. (3) A municipality has a right of entry on real property, with or without the consent of the owner or occupier, to make any necessary surveys, plans, specifications and estimates for the undertakings. (4) Arising from the exercise of any of the powers conferred by this section, the municipality must pay agreed compensation, otherwise Division 3 of Part 8 [Expropriation and Compensation] applies. (5) An owner or occupier of real property affected by the exercise of the powers conferred by this section must, on demand or tender of a sum awarded, execute to the municipality a proper grant of the right and easement in respect of which compensation is made, the terms of the grant to be, in case of dispute, settled under Division 3 of Part 8. Owners' portion of cost limited 590 Not more than 2/3 of the cost to the municipality of a work undertaken under section 589 may be specially charged under Division 1 of Part 19 against the parcels of land abutting on or benefiting from the work. Works may be delegated 591 (1) Any works or property, and any powers of entry, easement or right, in or granted to the municipality relating to a matter covered by an agreement with a person under section 589 may, under the terms set out by a further bylaw, be delegated or granted to that person. (2) After a delegation or grant under subsection (1), the person has and may exercise any of the works, property, rights, powers and privileges previously conferred on the municipality, necessary to execute the agreement. (3) An agreement may (a) provide for the construction of the works by the person at the expense of the municipality as set out in the agreement, and for the use and occupation of any tunnels and conduits, or any part of them, by the person constructing them on agreed terms and conditions, including payment to the municipality by the person of an annual amount equal to the debt charges on the amount borrowed for the purpose by the municipality, and (b) provide that, after the agreed debt charges have been paid by the person to the municipality, the municipality must grant to the person the tunnels and underground conduits, and works, property, rights, powers and privileges, or otherwise vest in the person the title that the municipality has in them. Division 2 - Municipal Utilities Application to companies that provide services similar to utilities 592 This Division applies to a company that, in addition to any other function, provides a service similar in nature to a service provided by a company referred to in section 587 (a). Section Repealed 593 [Repealed 1998-34-124.] Municipal utilities: gas, electricity and water 594 (1) Subject to section 598, a council may, by bylaw, provide for the establishment and use inside or outside the municipality of one or more of the following: (a) a gasworks; (b) a gas distribution system; (c) plants to supply electrical energy; (d) an electrical energy distribution system; (e) a water distribution system. (2) A work or system referred to in subsection (1) may be established or used for any purpose for the inhabitants of the municipality or for the inhabitants of the municipality and an adjacent locality. (3) A bylaw under subsection (1) (a) to (d) may only be adopted with the assent of the electors. (4) [Repealed 1998-34-125.] (5) If a municipality that has established a water distribution system under subsection (1) (e) is supplying water to an adjacent locality and wishes to charge a greater amount for water supplied to that locality, it must obtain the approval of the inspector for the proposed charge before charging the greater amount. (6) If the municipality does not obtain the approval referred to in subsection (5), it is deemed to have charged the user the same rate as a user within the municipality and an overpayment may be recovered in a court of competent jurisdiction as a simple contract debt. Other municipal utilities 595 (1) Subject to section 598, the council of a city, town or district municipality may, by bylaw adopted with the assent of the electors, provide for the establishment of one or more of the following: (a) a system for the transportation of persons and property by tramway, street railway, railway, ferry, motor bus or electric trolley bus in the municipality, or in the municipality and adjacent localities; (b) a telephone system for inhabitants of the municipality, or for the inhabitants of the municipality and of adjacent localities. (2) Subject to section 598, the council of a municipality may, by bylaw adopted with the assent of the electors, provide for the establishment of a closed circuit television system or a television rebroadcasting system for the inhabitants of the municipality, or for the inhabitants of the municipality and of adjacent localities. Construction of municipal utilities 596 (1) If a utility system serving all or part of the municipality was established before March 18, 1960, or if the establishment of a utility system has been approved in accordance with section 594 or 595, the council may (a) acquire or construct the utility and may operate, maintain, repair, extend, improve or alter the works or services in the municipality or the area approved so long as the result is not inconsistent with the system as approved, and (b) apply for and obtain any licence, right or privilege under the Water Act or any other Act. (2) In addition to any other power to acquire property that the council may exercise, a council (a) may, by its employees, enter, and (b) may, by bylaw, expropriate, break up, take or enter into possession of and use, any property inside or outside the municipality in any way necessary or convenient for any purpose referred to in subsection (1), and sections 594 or 595, without the consent of the owners of the property. (3) If a council or the employee of a council exercises a power under subsection (2) that does not constitute an expropriation within the meaning of the Expropriation Act, compensation, determined by the Expropriation Compensation Board, is payable for any loss or damages caused by the exercise of the power. Drainage works in conjunction with irrigation system 597 The council of a municipality operating and maintaining a system for supplying water for irrigation may (a) construct, operate and maintain works to drain land, and (b) if the council considers it just and equitable to do so, charge at a uniform rate by area all or part of the cost of the works against the land benefited by the drainage and the land the irrigation of which the council believes contributes to the condition making necessary the construction of the works. Municipal utilities outside area 598 (1) If a bylaw under section 594 (1) or 595 includes provision for a municipal utility to serve localities in another municipality adjacent to the municipality for which the bylaw is proposed, the bylaw must not be submitted for the assent of the electors unless the council of that other municipality approves the inclusion of a portion of its municipality in the area to be served by the utility. (2) If a bylaw under section 594 includes provision for a water distribution system to serve localities in another municipality adjacent to the municipality for which the bylaw is proposed, the bylaw must not be adopted unless the council of that other municipality approves the inclusion of a portion of its municipality in the area to be served by the utility. (3) Subsections (1) and (2) do not take away from any powers or rights of any municipality to establish or obtain sources and means of supply of gas, electrical energy or water outside the boundaries of the municipality. (4) Unless an approval has been obtained under subsection (1) or (2), before proceeding to construct, operate and maintain any works, equipment or facility in another municipality, a council must obtain the approval of the council of the other municipality, which must not be unreasonably withheld. Charges and rates for utilities outside municipality 599 (1) If utility works, services or facilities other than transportation are operated and maintained for inhabitants of localities adjacent to the municipality, the rates, charges and fees are a separate charge on the land or land and improvements to or on which services or facilities are supplied or used. (2) A charge under subsection (1) has preference over any claim, lien, privilege or encumbrance of every person except the Provincial government, and does not require registration to preserve it. (3) If rates, charges and fees remain unpaid after December 31 in any year, (a) the rates, charges and fees are deemed to be taxes in arrear on the property concerned, with interest on those taxes in arrear calculated in accordance with section 369 and 370, (b) the collector must promptly, after March 1, forward to the Surveyor of Taxes or municipal collector in whose jurisdiction the real property lies a statement showing the amount of the arrears, and (c) the surveyor or collector must add the amount of the arrears to the taxes payable on the property, after which the amount added is deemed to be Provincial or municipal taxes, as the case may be, and must be dealt with in the same manner as taxes against the property would be under the Taxation (Rural Area) Act or this Act. (4) If an amount has been added, the Minister of Finance and Corporate Relations or the municipal officer assigned responsibility under section 199 [financial administration] must pay that amount when collected to the municipality concerned. (5) If an amount has been added and has not been previously paid, (a) if the upset price is obtained at the time of selling the real property at a tax sale, the Minister of Finance and Corporate Relations or the municipal officer referred to in subsection (4) must pay the municipality concerned out of the proceeds of the sale the total amount due for utility charges in arrear, or (b) if the upset price is not obtained and subsequently the property is sold, the proceeds of sale must be applied according to the respective interests in the upset price. (6) Despite subsections (1) to (5), the municipality may bring action in a court of competent jurisdiction to recover an amount due and owing by a person to the municipality arising out of the supplying of a work, service or facility referred to in subsection (1). (7) This section does not apply to a municipality unless the approval required by section 598 (4) has been obtained or the municipalities concerned agree to the application of this section. Section Repealed 600 [Repealed 1998-34-127.] Terms and rates for utility facilities 601 (1) The council of a municipality operating and maintaining a municipal utility may, by bylaw, establish the rates and terms under which gas, electrical energy, water, transportation facilities, telephone facilities or closed circuit television facilities may be supplied and used. (2) A bylaw under subsection (1) may provide for the classification of users and establish different rates, terms and conditions for different users. (3) Rates for the supply and use of water for irrigation may be established to vary with the area of the arable land for which the water is supplied or for which it is available and, in that case, (a) the council may, by bylaw, make all necessary provisions for the preparation of an assessment roll for the calculation of the rates, and (b) this Act applies to the roll as if it were an assessment roll not coming within the Assessment Act. (4) A bylaw under subsection (1) overrides the terms of any agreement respecting the carriage or supply of water for irrigation entered into by a company or other person from whom the municipality has acquired a water licence or works. Frontage tax and connection charges 602 (1) A council may, by bylaw, do one or more of the following: (a) impose connection charges on owners of land on which are located buildings or structures, to defray the cost of laying connecting pipes from water or gas mains to the land, and establish the terms and conditions of payment; (b) impose service connection fees for telephone facilities or for closed circuit television facilities on the owners or occupiers of real property served by those facilities, and establish the terms and conditions of payment; (c) impose service connection fees for electrical energy facilities on the owners or occupiers of real property served by the facilities, and establish the terms and conditions of payment; (d) impose a frontage tax in accordance with sections 429 and 430 on the owners of land or real property that is capable of being connected with a water or gas main, or electrical energy distribution line, whether or not the parcel of land is connected with the water or gas main, or whether or not any building or structure on the land is connected with the electrical energy distribution line. (2) A bylaw under subsection (1) (d) may provide that the frontage tax may be waived or lessened for real property any present or previous owner of which has constructed at the owner's own expense any portion of the water, gas or electrical distribution system of the municipality. Extension of utility services 603 (1) A council may, by bylaw, establish the conditions under which the municipality will extend a utility system. (2) A bylaw under subsection (1) may provide for refunds being made to the applicant according to a scale based on the number of service connections that could be made within the extension. (3) A refund (a) must not be made under subsection (2) after 5 years from the completion of the extension, and (b) must not exceed the amount of the charges borne by the applicant under this section. Irrigation rights preserved 604 An extension to a system for supplying water for irrigation must not be made for the purpose of supplying water to other land if the extension will prejudicially affect the prior rights of any parties to the use of the water intended to be conveyed and distributed by the extension. Section Repealed 605 [Repealed 1998-34-128.] Plans of utilities 606 (1) A council must cause to be established and maintained accurate plans and profiles of all municipal utilities established under section 594. (2) All plans and designs prepared for a municipality by a consultant must be deposited with the municipality and, subject to payment of the fees for them, are the property of the municipality. (3) A utility or other person using highways or municipal rights of way must, if possible, provide the municipality with accurate plans and profiles of any of their facilities using those highways or rights of way. Division 3 - Franchises Granting of franchises 607 (1) As a limitation on section 176 (1) (a) and (b) [corporate powers -- agreements], a council may, by bylaw adopted with the assent of the electors, (a) enter into or ratify or adopt agreements granting to a person an exclusive or limited franchise, for a term of years not longer than 21 years, for the operation on the highways in the municipality of motor buses, motor vehicles, tram cars, electric trolley buses or other vehicles as a public utility for the carriage of passengers, and (b) enter into or ratify or adopt agreements granting to a person an exclusive or limited franchise, for a term of years not longer than 21 years, to supply gas, electrical energy, water or telephone service to the inhabitants of the municipality. (2) Despite subsection (1) (b), an agreement under that provision may, with the approval of the inspector, be renewed for one or more further terms, each of which must not be longer than 21 years. (3) Before approving the renewal of an agreement under subsection (2), the inspector may require that the assent of the electors be obtained or that the council provide a counter petition opportunity in relation to the proposed agreement. (4) For the purposes of subsections (2) and (3), a subsequent agreement to supply gas to the inhabitants of the municipality made between the parties to an agreement under subsection (1) (b), or their successors, heirs or assigns, is deemed to be a renewal of the agreement. Establishing routes and other terms 608 (1) A bylaw under section 607 (1) (a), and an agreement made, ratified or adopted under it, (a) may specify how and along what routes and between what terminals motor buses, motor vehicles, tram cars, electric trolley buses or other vehicles must operate, and may reserve or create power to specify those matters from time to time, (b) may establish fares for the carriage of passengers, or reserve or create power to establish them, and (c) without limiting paragraphs (a) and (b) but subject to this Division, may specify the other terms and restrictions, including payments to or by the municipality for and in connection with the franchise. (2) A bylaw under section 607 (1) (b), and an agreement made, ratified or adopted under it, (a) may specify how and where mains, poles and wires must be installed, and may reserve or create power to specify those matters from time to time, (b) may establish the rates for the supplying of gas, electrical energy, water or telephone service, and reserve or create power to establish them, and (c) without limiting paragraphs (a) and (b) but subject to this Division, may specify the other terms and restrictions, including payments to or by the municipality for and in connection with the franchise. Enforcement of franchise 609 (1) A municipality that is party to an agreement made, ratified or adopted by a bylaw under section 607 may, by action in a court of competent jurisdiction, enforce the carrying out of the agreement and every term and provision of it, in so far as it affects that municipality, as though the agreement related solely to the municipality instituting the action. (2) Any other municipality that is a party to an agreement referred to in subsection (1) may apply to be added as party, either as plaintiff or defendant, to the action and, in the discretion of the court, may be added accordingly. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 18 - Recreation and Community Services Division 1 - Parks and Community Buildings Community use property 610 (1) In relation to property owned, held or managed by the municipality for pleasure, recreation or community uses of the public, the council (a) may, by bylaw, regulate the use of the property, including closing to free use by the public all or part of any property at the times and for the periods considered advisable, and set and charge fees for admission to or use of the property that is closed, and (b) may, under an agreement with another local government for the joint undertaking of the management and regulation of property referred to in this section, establish joint boards and committees to give effect to the agreement. (2) A bylaw under subsection (1) (a) may set different fees for different classes of persons or activities. (3) Property referred to in subsection (1) includes a public library, art gallery, museum, arena, exhibition building, heritage property and land to be used for the conservation of heritage property. Creation and improvement of facilities 611 (1) Without limiting section 176 [corporate powers], a council may enter into an agreement with a public authority (a) for the purpose of jointly managing facilities for community uses referred to in section 610 that are on a site (i) owned or held by a party to the agreement, or (ii) leased from the Provincial government by a party to the agreement, or (b) for the purpose of contributing to the cost of managing facilities referred to in paragraph (a). (2) If (a) a work or service is provided under subsection (1) at the expense of a specified area or properties under Division 2 of Part 19 [Specified Areas], and (b) the work or service is discontinued or taken over by a board of school trustees or a francophone education authority, all remaining special charges, rates or taxes assessable against the real property are payable by the municipality. Grants of parks and heritage property 612 (1) The Lieutenant Governor in Council may grant and convey in trust to a municipality any public park, pleasure ground or heritage property set apart or reserved out of Crown land for the recreation and enjoyment of the public, to maintain, preserve and conserve it for the use, recreation and enjoyment of the public. (2) If property is granted or conveyed under subsection (1), (a) the municipality may hold the property on the trusts and for the purposes for which it is granted, and (b) the council may manage, conserve and maintain the property in accordance with the trust, and may exercise in relation to it all the powers and authorities conferred on the trustees of the public park, pleasure ground or heritage property by any Act. (3) A council that has been granted or conveyed a public park, heritage property or other place for the use and enjoyment of the public must operate, maintain, conserve and develop it subject to any trusts on which it is granted or conveyed. Control of parks dedicated by subdivision 613 (1) If land in a municipality is dedicated to the public for the purpose of a park or a public square by subdivision plan deposited in the land title office, the municipality is entitled to possession and control of the land for that purpose. (2) If land in a municipality was dedicated as referred to in subsection (1) before this Act came into force, the municipality is deemed to have had possession and control of it for that purpose from the date it was dedicated, and continues to have that possession and control. Exchange of dedicated land 614 (1) If a municipality is entitled to possession and control of land under section 613, the council may, by bylaw, dispose of a portion of that land in exchange for other land suitable for a park or public square. (2) A bylaw under subsection (1) may provide that, instead of taking land in exchange, the proceeds of the disposal are to be placed to the credit of a reserve fund under and subject to section 496 for the purpose of acquiring park lands. (3) Before adopting a bylaw under subsection (1), the council must provide a counter petition opportunity in relation to the proposed bylaw. (4) All deeds executed under this section have effect as a Crown grant, free of any dedication to the public for the purpose of a park or a public square. (5) All land taken in exchange under this section is dedicated for the purpose of a park or public square and the title to it vests in the Crown with right of possession in the municipality. Division 2 - Civic Commissions Parks commission 615 (1) The council of a city, town or district municipality may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members, establish a parks commission separate from any civic properties commission. (2) Without limiting section 176 [corporate powers], the council may delegate to a parks commission any or all of the administrative powers of the council relating to parks and park property or any property referred to in Division 1 of this Part not delegated to a civic properties commission. (3) [Repealed 1998-34-132.] (4) A bylaw under subsection (1) must set out the following: (a) the composition of the commission and the manner in which the council must appoint its members; (b) the procedures governing the conduct of the commission; (c) the duties and powers delegated to the commission. (5) The members of a parks commission are to serve without remuneration. Civic properties commission 616 (1) As a limitation on section 176 (1) (e) [corporate powers -- delegation], the council of a city, town or district municipality may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members, delegate to a civic properties commission any or all of the administrative powers of the council over property (a) owned, held or managed for pleasure, recreation or community uses of the public under Division 1 of this Part, including property relating to parks if no parks commission exists, or (b) owned, held or managed for a purpose referred to in section 717 (3) [airports, harbours, parking and other facilities]. (2) A bylaw under subsection (1) must specify the official name of each civic properties commission, the property to be administered by each and other provisions considered necessary for the purposes of subsection (1). (3) A person may be appointed to more than one civic properties commission. (4) Section 615 (4) applies to any bylaw under this section. (5) The members of a civic properties commission are to serve without remuneration. Athletic commission 617 (1) The council of a city, town or district municipality may, by bylaw, establish an athletic commission consisting of 3 members appointed annually. (2) A council may, by bylaw, provide that an athletic commission is to have one or more of the following powers within the municipality: (a) to regulate and supervise professional boxing, wrestling and like activities, contests and exhibitions; (b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the commission's proper expenses, to require persons conducting events referred to in paragraph (a) to pay to the commission for each event the fee set by the council; (c) to specify equipment to be used in and to establish rules for the conduct of professional boxing and wrestling and any other professional contests within the jurisdiction of the commission; (d) to pass on and approve contracts for the contests or exhibitions as a condition of their being held; (e) to issue permits to persons conducting professional athletic contests or exhibitions as a condition of their being held; (f) to issue permits to boxers, wrestlers and other participants in professional athletic contests or exhibitions as a condition of their participating in them; (g) before issuing any permit to require the applicant to give the security the commission determines for the faithful performance of the applicant's obligations as specified by the commission; (h) to prohibit a person from participating in or conducting a contest or exhibition, or from advertising them, unless he has been granted a permit for the purpose; (i) to investigate the conduct of participants in the contests or exhibitions or of persons conducting them, and particularly with respect to alleged breaches of the bylaw or rules made under it; (j) in relation to breaches of the bylaw or rules made under it, to impose reasonable fines for misconduct, or to prohibit those participants or persons from taking part in contests or exhibitions in the municipality for reasonable periods; (k) whether or not a penalty has been imposed, to restrain a person conducting a contest or exhibition or participating in it without the prescribed permit, by action in the Supreme Court brought by the commission in its name without the Provincial government being made a party to the action. (3) A council may, by bylaw, (a) set fees for the purposes of subsection (2) (b), and (b) provide that a decision of the commission under subsection (2) is subject to appeal to the council. (4) Security under subsection (1) (g) may be enforced by and in the name of the commission for the benefit of all persons entitled to claim under it. (5) The members of an athletic commission are to serve without remuneration. Recreation commission 618 (1) A council may, by bylaw, (a) establish a recreation commission, (b) set the number of members of the commission, and establish their qualifications, term of office and the manner in which the council appoints the members and their successors, (c) empower the commission to organize and conduct a recreation program, and (d) empower the commission to incur liabilities for the purposes of paragraph (c) within the amounts included for it in the annual budget of the municipality. (2) In granting power to a recreation commission under subsection (1) (c) or section 619, the council may authorize the commission to conduct part of the recreation program in a specified area outside the municipality and establish conditions for that purpose not inconsistent with regulations prescribed by the Lieutenant Governor in Council. (3) The members of a recreation commission are to serve without remuneration. Joint commission in place of recreation commission 619 Instead of establishing a recreation commission under section 618, the council of a city, town or district municipality may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members, establish either (a) a joint parks and recreation commission under and subject to sections 615 and 618, or (b) a joint civic properties and recreation commission under and subject to sections 616 and 618. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 19 - Local Improvements and Specified Areas Division 1 - Local Improvements Definitions 620 In this Division: "abutting directly", in relation to works of constructing, enlarging or extending a sewer or water main, applies to mains through private lands as well as to mains under streets; "bridge" includes a viaduct, culvert, subway and embankment, and also includes pavement on a bridge; "constructing" includes reconstructing all or part of a work when the lifetime of the work has expired; "construction bylaw" means a bylaw under section 623 or 624; "curbing" includes a curbing of any material (a) in or apart from the laying down of a pavement or sidewalk, or (b) with or without a projection for a gutter; "engineer" includes an officer or person authorized or required by a council to perform a duty that is to be or may be performed by an engineer; "lifetime" as applied to a work means the lifetime of the work as estimated by the engineer; "municipality's portion of the cost" means that portion of the cost of a work that is not to be specially charged against parcels of land, but is payable by the municipality; "owners' portion of the cost" means that portion of the cost of a work that is to be specially charged against the land abutting directly on a work or on land immediately benefited by a work; "pavement" means any type of street surfacing; "paving" includes laying down or constructing any description of pavement with or without curbing; "publication" means publication by one insertion in a newspaper; "sewer" includes a common sewer, septic tank and a drain, or a combination of them; "sidewalk" includes a footway and a street crossing; "street" includes a lane, road, alley or public place, or a part of any of them; "value" means the assessed value of land, exclusive of improvements, according to the last authenticated real property assessment roll of the municipality; "work" means a work or service that may be undertaken as a local improvement. Land that is exempt from taxation 621 (1) Land that is wholly exempt from taxation under sections 339 and 340 is not subject to this Division. (2) Despite subsection (1), the municipality must pay the amount of frontage tax that would, but for the exemption, be payable in respect of land exempt from frontage tax. (3) Despite subsection (1), a person who is liable under section 430 (9) for a frontage tax in respect of the land may petition for or against undertaking a work. (4) In computing the values of the land under section 629, only the assessed value of the person's interest in it is to be used. Municipal policy that works must be undertaken as local improvements 622 (1) A council may, by bylaw adopted with the assent of the electors, provide that all or any works that may be undertaken as local improvements must be undertaken as local improvements and not otherwise. (2) A requirement under subsection (1) is effective on the date on which the bylaw is adopted or on a later date specified in the bylaw. Works that may be undertaken as local improvements 623 (1) On petition or on its own initiative, the council of a city, town or district municipality may, by bylaw, undertake one or more of the following as local improvements: (a) establishing and opening a street; (b) opening, widening, extending, grading, paving, altering the grade of, diverting or improving a street, including retaining walls incidental to it; (c) constructing a bridge as part of a street; (d) constructing, enlarging or extending a sewer or water system; (e) constructing a curbing or a sidewalk in, on or along a street, including retaining walls incidental to it; (f) constructing a boulevard where part of a street has been set apart for the purpose of a boulevard; (g) sodding a part of a boulevard or street and planting trees, shrubs and plants on and in a boulevard or street; (h) acquiring, establishing, laying out or improving (i) a park or square having an area of not more than 1 hectare, or (ii) a public drive; (i) constructing retaining walls, dikes or breakwaters along the shore of a sea or lake or the banks of a river; (j) constructing and erecting on a street necessary equipment, wires and works, including standards and underground conduits, to supply public lighting for the street; (k) constructing a conduit for wires or pipes along a street. (2) On petition, the council of a village municipality may, by bylaw, undertake one or more of the following as local improvements: (a) opening, widening, extending, grading, paving, altering the grade of, diverting or improving a street; (b) constructing a curbing or a sidewalk in, on or along a street; (c) works referred to in subsection (1) (a), (f) and (g). (3) If a municipality in the exercise of its powers acquires, by purchase, expropriation or otherwise, land or real property for a purpose or object referred to in this section, the cost must be included as part of the work. (4) Nothing in this section extends or applies to a work of ordinary repair or maintenance. Sidewalk canopies as local improvements 624 (1) In addition to powers under section 623, a council may, by bylaw, undertake the construction and erection of sidewalk canopies as a local improvement. (2) Despite section 641, (a) a work undertaken under subsection (1) must be maintained and kept in repair by the municipality, and (b) the annual expense incurred must be specially charged against the parcels benefiting in the same proportions as provided for sharing of the cost of the work by the original construction bylaw. (3) A council may, by bylaw, remove a work undertaken under subsection (1), subject to the following: (a) the municipality must assume all future levies relating to the work; (b) if levies were commuted with respect to a parcel, the commuted value of the future levies must be paid by the municipality to the owner of the parcel. (4) Despite any other provision of this Division, instead of imposing a frontage or parcel tax, a council may apply section 646 (3) and (4), in which case the notice required under section 629 (3) and the general bylaw required under section 634 must set out the basis on which the work or service is to be charged. Sewer, water and gas connections in relation to street paving 625 (1) This section applies if the work to be undertaken is the paving of a street. (2) Before the paving is started, the council may, by bylaw without petition, authorize the making of all necessary connections from any existing sewer, water or gas main owned by the municipality to the parcels of land on either or both sides of the street. (3) For a connection under subsection (2), (a) the connection cost must be specially charged on each parcel connected, and (b) the amount to be charged against each parcel for a connection must be the amount of the connection fee established by bylaw under section 575 (1) (a) or 602 (1) (a), as applicable. (4) A charge must not be made under this section for the renewal of an existing connection. Sidewalk crossings and driveways provided at owner's request 626 (1) This section applies if the work to be undertaken is paving or the construction of curbing, a boulevard or a sidewalk. (2) On the written request of the owner of a parcel to be served by the work, the council may, before the work is started, provide, as part of the work, for the construction of a sidewalk crossing or driveway as the council may determine, to form an approach to a particular parcel. (3) The cost of the sidewalk crossing or driveway must be specially charged on the particular parcel. Time limit on effect of construction bylaw 627 (1) A construction bylaw ceases to have effect if the work authorized by it is not started within one year from the date of its adoption. (2) A construction bylaw may not be enacted after one year from the date of the municipal officer's certificate under section 632 (2) [sufficiency of petition]. General rule of separate bylaws for distinct work 628 (1) Except as otherwise expressly provided in this Division, every bylaw must be for a distinct and separate work. (2) A single bylaw may be adopted for 2 or more works referred to in section 623 that are to be undertaken and provided at the same time and by the same method and for the same properties, in which case all the works are to be considered as one work. (3) The power to adopt a bylaw under section 623 or 624 may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and bylaws under those sections may not be consolidated into a comprehensive general bylaw under section 280.3. Local improvement proposed on council's initiative 629 (1) If a council proposes to undertake a local improvement on its own initiative, notice of this intention must be given by (a) publication of a notice, and (b) mailing the notice to the owners of the parcels liable to be specially charged. (2) A notice under this section may relate to and include any number of different works. (3) A notice under subsection (1) (a) is sufficient if it sets out the following: (a) a general description of the work; (b) the street or place where, and the points between which, the work is to be effected; (c) the estimated cost of the work; (d) as applicable, the annual charge established under section 634 (1) (a) or the proportion of the total cost to be borne by the owners as established under section 634 (1) (b); (e) the number of years for which annual charges will be imposed. (4) A notice mailed to an owner under subsection (1) (b) must include the information under subsection (3) and, in addition, must specify the following: (a) the taxable frontage of the owner's parcel; (b) as applicable, the total annual charge or estimated annual charge to be specially charged against the owner's parcel; (c) the commuted value of those charges. (5) The designated municipal officer must mail a notice under subsection (1) (b) to the owner at the address as set out in the last authenticated real property assessment roll and also to any later address known to the assessor. (6) The obligation to give notice to an owner under this section is satisfied if a reasonable effort was made to mail or otherwise deliver the notice. (7) Publication and mailing of the notice may be proved by affidavit, and the affidavit, after the adoption of the construction bylaw, is conclusive evidence of publication and mailing of the notice as deposed in it. Petition against work proposed on council's initiative 630 (1) A work for which notice is given in accordance with section 629 may be undertaken as a local improvement unless, within one month after the publication of the notice, a majority of the owners, representing at least 50% of the value of the parcels that are liable to be specially charged, petition the council not to proceed with it. (2) Sections 631 and 632 apply to a petition referred to in subsection (1). (3) If a council has been prevented from undertaking a work because of a petition under this section, the council must not propose the same work on its own initiative within a period of one year after the presentation of the petition. (4) As an exception, the prohibition under subsection (3) does not prevent a council from again proposing a work on its own initiative if the work is varied from or less expensive than that originally proposed to be undertaken. Petition to council for local improvement 631 (1) A petition to a council for a work is not valid unless all the following requirements are met: (a) the petition must be signed by 2/3 of the owners of the parcels liable to be specially charged; (b) the signatories must be the owners of parcels having a value of at least 50% of the value of all parcels liable to be specially charged; (c) a description of the parcel owned by each petitioner must be set out in the petition. (2) A petition must be filed with the municipality, and is deemed to be presented to the council when this is done. (3) Before being circulated for signature, each page of a petition must contain the following: (a) a general description of the work; (b) the annual charge per taxable unit of frontage, or the proportion of the cost of the work which will be the owners' portion as established by bylaw under section 634; (c) the number of years for which annual charges will be imposed. Determining whether a petition is sufficient 632 (1) The sufficiency of a petition is to be determined by the municipal officer assigned responsibility under section 198 [corporate administration]. (2) A determination under subsection (1) must be evidenced by a certificate of the municipal officer, and is then final and conclusive. (3) If the municipal officer determines that a petition is sufficient, it is deemed to have been and to be a sufficient petition, despite any changes made by the Court of Revision or by the court in the parcels to be specially charged that have the effect of increasing or reducing the number of those parcels. (4) If it is necessary to determine the value of a parcel and this cannot be ascertained from the real property assessment roll because the parcel was not separately assessed, or for any other reason, (a) the assessor must determine the value of the parcel, (b) the assessor's determination is final and conclusive, and (c) the value determined by the assessor is deemed for the purposes of this Division to be the assessed value. (5) If a petitioner is the owner of land but does not appear by the last authenticated real property assessment roll of the municipality to be the owner, the petitioner is deemed an owner if the petitioner's ownership is proved to the satisfaction of the municipal officer. (6) If a petitioner is deemed to be an owner under subsection (5) and the person who appears by the last authenticated real property assessment roll to be the owner is also a petitioner, the name of the latter petitioner must be disregarded in determining whether the petition is sufficient. (7) If 2 or more persons are owners of a parcel, (a) they must be considered as one owner only, (b) they are not entitled to petition unless a majority of them concur, and (c) unless a petition is signed by a majority of them, their signatures must be disregarded in determining whether the petition is sufficient. (8) For the purpose of determining the sufficiency of a petition, (a) the municipal officer may have witnesses summoned and examined under oath, and (b) any interested person may have a subpoena to procure the attendance of a witness issued out of the Supreme Court within the territorial limits of which the municipality lies. (9) A witness who is a resident of the municipality is bound to attend without payment of fees or conduct money, and a witness who is not a resident of the municipality is entitled to fees and conduct money under the Rules of Court. (10) After the municipal officer has certified the sufficiency of a petition, a person may not withdraw his or her name from the petition, and no name may be added to the petition. Items that may be included in the cost of a work 633 (1) In addition to the construction costs of a work undertaken under a construction bylaw, the following may be included in the cost of the work: (a) engineering expenses; (b) cost of advertising and mailing of notices; (c) interest on temporary loans, and discount and expenses relating to security issuing bylaws; (d) compensation for land taken for the purposes of the work or injuriously affected by it, and the expenses incurred by the municipality in connection with determining the compensation. (2) On completion of the execution and financing of a work, the municipal officer assigned responsibility under section 199 [financial administration] must submit to the council a certified statement setting out the cost of the work, and that cost is as certified. Charges for work must be established in advance 634 (1) A council must not undertake any class of work under this Division unless it has, by general bylaw applicable to all works of that class, done one of the following: (a) established (i) the annual charge, for each unit of taxable frontage, to be specially charged against parcels benefiting from or abutting that class of work and the number of years for which the annual charge is to be imposed, and (ii) the percentage of the aggregate of the charges that will be accepted as the commuted value; (b) established the proportion of the cost of the class of work to be specially charged against the parcels benefiting from or abutting the work as the owners' portion of the cost of the work. (2) A bylaw under subsection (1) may provide that, for any designated class of work, each parcel benefiting from or abutting the work is deemed to have the same specified taxable frontage. (3) An amendment to a bylaw under subsection (1) is not valid for any work for which a construction bylaw has been adopted. (4) The total of all charges imposable under subsection (1) (a) is deemed to be the owners' portion of the cost of the work concerned. (5) If the construction of a sidewalk on one side only of a street is undertaken, (a) the council may charge by frontage tax 1/3 of the owners' portion of the cost of its construction on the land abutting on the side of the street opposite to that on which the sidewalk is constructed, and (b) if at a subsequent time the construction of a sidewalk on the other side of that street is undertaken, (i) 2/3 only of the owners' portion of the cost of its construction must be charged by frontage tax on the land abutting on that side of the street, and (ii) the other 1/3 of the cost must be charged by frontage tax on the land abutting on the other side of the street. (6) When a work is completed, the charges referred to in subsection (1) (a) or the proportion of the cost to be specially charged, as applicable, must be specially charged against the parcels benefiting from or abutting the work, payable by a frontage tax levied year by year for the required number of years. Requirements for adoption of construction bylaw 635 (1) If a work is proposed to be undertaken under this Division, before adopting the construction bylaw, the council must have a report prepared stating (a) the lifetime of the work, (b) the estimated cost of the work, and (c) the share or proportion of the total cost that will be specially charged against the parcels benefiting from or abutting on the work. (2) A report prepared under this section may be adopted in whole or in part or as amended by the council. (3) A construction bylaw must have incorporated in it, among other things, the conclusions and recommendations of the report adopted under this section applicable to the proposed work and sufficient to enable the collector or other person named by the council to prepare a frontage tax assessment roll for the work. (4) A construction bylaw must not be adopted if the total amount proposed to be borrowed under it exceeds the total amount of borrowing approved by the inspector for local improvement purposes less the amount already borrowed under authorization. (5) Every construction bylaw must conform with the notice under section 629 or the petition under section 631. Commuting special charges 636 Persons whose parcels are subject to being specially charged under this Division may commute for a payment in cash the special charges imposed on them in accordance with terms and conditions established by bylaw. Borrowing for works 637 (1) A council may, in accordance with Part 12, borrow money that may be necessary to undertake a work, but the amount borrowed must not exceed the total cost of the work. (2) For the purposes of a security issuing bylaw under Part 12, a construction bylaw is deemed to be a loan authorization bylaw. (3) Before the completion of the works under a construction bylaw, in respect of any works undertaken or about to be undertaken, the council may borrow under a security issuing bylaw not more than 4/5 of the estimated cost of the works as set out in the construction bylaw. (4) Before the completion of the works, money required to pay the costs incurred may be borrowed temporarily under section 460. Payment of costs from annual budget 638 Instead of borrowing the amount of the municipality's portion of the cost of a work undertaken as a local improvement, the council may pay all or some of the municipality's portion in one year out of money appropriated for that purpose in the annual budget. Payment of costs from local improvement fund 639 (1) If a local improvement fund has been set up in accordance with section 500, the council may, by bylaw, appropriate from it the sums considered necessary to meet the cost or the owners' portion of the cost of a work authorized by a construction bylaw. (2) A bylaw under subsection (1) must provide for the repayment to the local improvement fund of an appropriate share of the frontage tax or real property tax, or both, imposed sufficient to recover the money advanced, together with interest on it. Assessment must be revised if scope of work reduced 640 (1) This section applies if a work undertaken by local improvement under this Act or the former Local Improvement Act has been constructed or carried out in part and the council considers it inadvisable or impracticable to complete the work. (2) If the frontage tax assessment roll prepared for the work has not been authenticated, the council may amend the construction bylaw in so far as it relates to the extent of the work. (3) If the frontage tax assessment roll prepared for the work has been authenticated, the council (a) may amend the construction bylaw in so far as it relates to the extent of the work, and (b) must direct the assessor to revise the frontage tax assessment roll. (4) On the basis of the revised frontage tax assessment roll under subsection (3) (b), the council may (a) amend the bylaw imposing the frontage tax, (b) refund, by payment in cash or by credit on future municipal taxes, any taxes that (i) were imposed under the original assessment on parcels of land that are not included in the revised frontage tax assessment roll, and (ii) were or are collected from the owners of those parcels, and (c) order any necessary adjustments in the amount of frontage tax that was levied on owners of parcels of land that remain on the revised frontage tax assessment roll. Duty of municipality to repair completed works 641 (1) After a work undertaken as local improvement has been completed, it must during its lifetime be kept in repair by and at the expense of the municipality. (2) Nothing in this Division (a) relieves a municipality from any duty or obligation to which it is subject, either at common law or under this Act or otherwise, to keep in repair the highways under its jurisdiction, or (b) impairs or prejudicially affects the rights of any person who is injured because the municipality failed to discharge that duty or obligation. (3) Nothing in this section makes a municipality liable for any damage for which it otherwise would not have been liable. Procedure to compel municipality to repair 642 (1) On application by an owner or occupier of land specially charged for a work undertaken as a local improvement, the Supreme Court may make an order requiring the municipality to put the work in repair if, at any time during the lifetime of the work, the municipality (a) fails to maintain the work in a good and sufficient state of repair, and (b) fails to repair the work after one month's notice in writing by the owner or occupier of a parcel specially charged requiring the municipality to do so. (2) An order under subsection (1) has the same effect and may be enforced in the same manner as a mandatory order. (3) The court may determine what repairs are necessary, and may order them made in a manner, within a time and under supervision it considers proper. (4) On an application under subsection (1), if the court is satisfied that the work required to make the repairs that are necessary and reasonable amounts to a reconstruction of the work, the court may (a) determine that the work may be done as a work of local improvement, and (b) set the amounts payable by the municipality and by the owners of land adjacent, as in the original bylaw authorizing the work, or otherwise, in its discretion, or in the discretion of the Court of Appeal on appeal. (5) If a person under whose supervision the repairs are to be made is appointed, (a) the court may determine the remuneration to be paid to the person, and (b) the remuneration determined by the court must be paid by the municipality, and payment may be enforced in the manner and by the same process as a judgment for the payment of money. (6) If the municipality does not comply with the court order, in addition to any other remedy to which the applicant for the order may be entitled, the court may authorize the repairs to be made by the applicant. (7) If repairs are made by an applicant under subsection (6), (a) their cost must be ascertained and determined by the court, and (b) payment of the cost determined by the court may be enforced in the same manner and by the same process as a judgment for the payment of money. (8) An appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal. Current assessment of special charges is not an encumbrance 643 (1) The special charge and the special levies on land for the cost of a work undertaken as a local improvement, whether on petition or otherwise, is not an encumbrance on the land on which the special rate is charged or chargeable (a) as between a vendor and a purchaser, or (b) respecting a covenant against encumbrances, or for the right to convey or for quiet possession free from encumbrances. (2) Subsection (1) does not apply to any part of the special charge or special levies that is in arrear and unpaid. Cost of work that is replaced, removed or destroyed 644 (1) This section applies to a work undertaken as a local improvement that is replaced, removed or destroyed by a work constructed for the general benefit of a municipality. (2) Despite any other provision of this Act, if an assessment roll has been authenticated under this Act or confirmed under the former Local Improvement Act, the council may, by bylaw, provide that the municipality must assume all future levies relating to the owners' portion of the cost of a work undertaken as a local improvement referred to in subsection (1). (3) [Repealed 1997-25-117.] Commission may be appointed to investigate assessment roll 645 (1) Despite any other provision of this Act, the Lieutenant Governor in Council may appoint a commission under Part 2 of the Inquiry Act for an assessment if (a) the assessment roll has been authenticated under this Act or confirmed under the former Local Improvement Act, and (b) it is represented to the satisfaction of the Lieutenant Governor in Council that inequalities exist in the assessment or that hardship has resulted as a consequence of the assessment. (2) A commission under subsection (1) has the power and is charged with the duty to consider, investigate and inquire into the following: (a) the items, amount, incidence and apportionment of the cost of any work of local improvement, and of the special charges made, authorized, required or proposed to be made for it, and whether or not the special charges, either alone or together with other municipal rates or taxes, are, may or will be unduly burdensome on any parcel affected by them; (b) the proportion and amounts of the special charges that are paid or unpaid or which ought to be paid on any parcel affected by them; (c) the benefit derived or derivable from the work by the various parcels charged or chargeable for it, either generally or compared with each other; (d) the probable or reasonable lifetime of the work or any portion of it; (e) the amounts realized or not realized by the municipality on account of instalments of principal and interest in relation to any debentures issued for the cost of the work; (f) the probable ability or likelihood of any lot specially charged or chargeable for the work being capable of bearing its share of the special assessment; (g) the amount that should fairly and reasonably be charged against the various parcels abutting on or benefited by the work for the cost of the work and the expenses incurred in relation to it, considering all the circumstances; (h) any reductions that ought to be made from the special assessment in the case of triangular or irregularly shaped parcels, parcels located at the junction or intersection of streets or parcels wholly or partly unfit for building purposes; (i) the desirability or feasibility of extending the period of years over which the special charge is or may be made payable; (j) the debts or obligations incurred by the municipality for the work, whether under debentures, temporary loans or advances, or otherwise; (k) whether the municipality should bear a proportion or a further proportion of the cost of the work, or the entire cost of particular portions of the work; (l) whether or not parcels should be relieved from all or part of the charges; (m) whether the charges for the cost of the work should be spread over a larger area, and whether the method of assessment should be changed to another method; (n) generally, any matter or thing, fact or circumstance in relation to the work which the commissioners consider proper or relevant. (3) The commission must (a) report to the Lieutenant Governor in Council the result of the investigation and inquiry, and (b) recommend to the Lieutenant Governor in Council, in the case of each parcel, (i) any remedy, measure of relief, allowance or adjustment that should be given or made to the municipality or to the owners specially charged in order that any inequality or any hardship in the assessment or proportion of assessment as made is remedied or removed, (ii) who should pay any charge or assessment made necessary by giving the remedy, relief, allowance or adjustment, and (iii) in what proportions a new assessment should be made for the work. (4) The Lieutenant Governor in Council may return the report for reconsideration, or accept and adopt the report of the commission and by order require that the council carry out and fulfil the recommendations contained in it. (5) On publication of an order under subsection (4) in the Gazette, the council must adopt a bylaw readjusting the charges, assessment and every matter or thing in connection with it in accordance with the report and order, and must carry out all of the terms of the report and order. (6) A bylaw under subsection (5) must be submitted to the inspector for approval. (7) After it has been approved by the inspector, a bylaw under subsection (5) must not be set aside by a court on any ground, except noncompliance with the report and order, and the bylaw is a valid and sufficient bylaw of the municipality for all purposes, and all assessments made under it are valid assessments. (8) On the adoption and publication of a report under subsection (4), the municipality must (a) promptly pay compensation to the commissioners for travelling expenses and for their services, and (b) pay to the Minister of Finance and Corporate Relations the amount of all other costs incidental to the work of the commission, including the costs of necessary clerical assistance. Division 2 - Specified Areas Works and services for specified areas 646 (1) In addition to the exercise of the powers under Division 1 of this Part, a council may, by bylaw, undertake any work or service coming within the powers of the municipality for the special benefit of a specified area of the municipality. (2) A bylaw under subsection (1) must define the area of the municipality that will be benefited. (2.1) The power to adopt a bylaw under subsection (1) may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and a bylaw under that subsection may not be consolidated into a comprehensive general bylaw under section 280.3. (3) The entire cost, or a part of the cost of the work or service determined by the council and specified in a bylaw under subsection (1) must be borne by the owners of real property within the specified area or the users of the work or service, or both. (4) For the purpose of subsection (3), the council may levy and impose within the specified area one or more of the following: (a) a rate on the land, or the improvements, or both; (b) a frontage tax; (c) other charges provided in this Act. (5) A council may, by bylaw, (a) provide that a frontage tax imposed under subsection (4) may be commuted for payment in cash, (b) set terms and conditions for a commutation under paragraph (a), and (c) specify circumstances in which a commutation under paragraph (a) may be refused. (6) Subject to the Waste Management Act, before a bylaw under this section is adopted (a) the bylaw must receive the assent of the electors, (b) the work or service to be undertaken must have been requested by a petition and, for these purposes, sections 631 and 632 apply, or (c) the work or service to be undertaken must have been proposed by the council on its own initiative, and, for these purposes, sections 629 and 630 apply. (7) A council may advance sums required until the collection of a rate, tax or charge levied under this section and repay the general funds of the municipality when it is collected. (8) For the purpose of ascertaining the capital cost of a work or service or a portion of it, either estimated or actual, under this Division, the cost factors referred to in sections 633 and 634 as determined by the council apply, and the capital or other cost of a work or service must be reduced by the amount of revenue derived from the work or service. Off-street parking facilities 647 (1) This section applies if a municipality provides off-street parking facilities on a specified area basis under this Division. (2) A council may, by bylaw, provide for the application of all or part of the net current revenue derived from the operation of parking meters in the specified area to the provision of off-street parking facilities within the specified area, including the repayment of debt and interest on the provision of those facilities. Borrowing for specified area 648 (1) A council may, by bylaw, provide for the borrowing from any person or for the appropriation from the local improvement fund of money necessary to meet the cost of a work or the capital cost of a service for an area established under section 646. (2) Part 12 applies to a bylaw under subsection (1) except that, if the assent of the electors is required under that Part, compliance with section 646 (6) is deemed to be compliance with the requirement to obtain that assent. (3) [Repealed 1997-25-120.] (4) Subject to subsections (5) and (6) and section 649 and despite section 646 (3) and (4), if the capital cost of the work or service is met out of money borrowed or appropriated under subsection (1), the entire capital cost of the work or service must be borne by the area specified in the bylaw. (5) The cost of any capacity of the work or service in excess of that required for the specified area may be borne by the municipality unless the specified area is extended or merged and the full capacity of the work or service is required for the extended area or merged area, in which case the excess cost must no longer be borne by the municipality but by the extended area or merged area. (6) A council may, by bylaw, provide that a part of the cost of the work or service for a downtown revitalization project approved by the inspector is to be borne by the municipality. (7) Before adopting a bylaw under subsection (6), the council must provide the electors in the whole of the municipality with a counter petition opportunity in relation to the proposed bylaw. (8) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under this section must include (a) the total amount proposed to be borrowed, (b) the part of the cost of the borrowing that is to be borne by the municipality, and (c) the length of time for repayment. Enlargement or reduction of specified area 649 (1) A council may, by bylaw, enlarge or reduce the size of a specified area. (2) Section 646 (6) applies to a bylaw under subsection (1) of this section, with the modification that the requirement for assent, petition or council initiative referred to in that provision applies only in relation to the area to be included or excluded from the specified area and not to the rest of the specified area. (3) [Repealed 1997-25-121.] (4) If a specified area has been enlarged or reduced under this section, the liabilities incurred on behalf of the area as it was before enlargement or reduction must be borne by all the owners of parcels of land in the area as enlarged or reduced. Merging of specified areas 650 (1) A council may, by bylaw, (a) merge 2 or more specified areas defined under section 646 into one specified area for the purposes set out in the bylaws establishing them, or (b) if the 2 or more specified areas are not contiguous, merge them for the purpose of deeming them to be one specified area for the purposes specified in the bylaws establishing them. (2) A bylaw under subsection (1) may merge the specified areas while providing that repayment of any debt of one or more of the former specified areas that is outstanding at the time of merger is to continue to be borne by the applicable former specified area. (3) If there is outstanding debt of a former specified area that is not kept separate under subsection (2), section 646 (6) applies to the bylaw under subsection (1) of this section, with the modification that the requirement for assent, petition or council initiative referred to in section 646 (6) applies separately to each specified area being merged. (3.1) Section 646 (6) does not apply to the bylaw under subsection (1) of this section if (a) there is no outstanding debt of any former specified area, or (b) the outstanding debt of each former specified area is kept separate under subsection (2). (4) If a council has, with respect to each of any 2 or more areas specified in bylaws adopted under section 646, provided that the area may be merged with another specified area, whether contiguous or not, for the purpose of providing, consolidating or completing necessary works or services for the merged areas, the council may, by bylaw without the assent of the electors, (a) merge the areas, (b) provide, consolidate or complete the necessary works or services, and (c) borrow money under section 648, as required. (5) For the purposes of this section, an area defined under Division 1 of this Part or section 53 of the Local Improvement Act, R.S.B.C. 1948, c. 237, and under section 65 of the Municipal Act, R.S.B.C. 1948, c. 232, is deemed to be a specified area under section 646. (6) [Repealed 1997-25-122.] Application of other Parts to specified areas 651 Division 5 of Part 16 and Division 2 of Part 17 apply to a part of a municipality established as a specified area under this Division as if the area were the whole municipality. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] --- This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada -- MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 20 - Business Licensing and Regulation Division 1 - Licensing of Businesses Definitions 652 In this Division, in Divisions 2 and 3 of this Part, and in any bylaw made under this Division or Division 2 or 3 of this Part: "business" means (a) carrying on a commercial or industrial undertaking of any kind, or (b) providing professional, personal or other services for the purpose of gain or profit, but does not include an activity carried on by the Provincial government, its agencies or corporations owned by the Provincial government; "resident business" means a business carried on in or from premises in the municipality; "non-resident business" means a business, other than a resident business, (a) carried on in the municipality, or (b) with respect to which any work or service is performed in the municipality. Business licences may be required 653 (1) Subject to the limitations contained in this Division, a council may, by bylaw, do one or more of the following: (a) require an owner or operator of a business to hold a valid and subsisting business licence for carrying on the business; (b) set and impose fees for business licences; (c) provide for the collection of fees for business licences; (d) provide for the granting, issuing and transferring of business licences. (2) For the purposes of this Division, if a business is carried on in or from more than one premises in the municipality, the business carried on from or in each is deemed to be a separate business. Exemptions from licensing requirements 654 (1) A business licence is not required for the following: (a) a performance, concert, exhibition or entertainment the entire proceeds of which, above actual expenses, are devoted to a charitable purpose; (b) a performance, concert, exhibition, entertainment or concession that is held in a licensed theatre or other licensed place; (c) the business of letting or renting rooms if not more than 2 rooms are available for letting or renting. (2) The following non-resident businesses are not required to hold a business licence: (a) commercial travellers offering for sale or selling merchandise to merchants for resale by them in the ordinary course of their businesses; (b) unless the municipality forms part of a trading area designated for carriers under section 665, owners or operators of carriers other than taxicabs who do either or both of (i) picking up passengers or chattels in the municipality for discharging or delivery outside that municipality, and (ii) discharging or delivering in the municipality passengers or chattels picked up outside that municipality; (c) unless the municipality forms part of a trading area designated for carriers under section 665, owners or operators of taxicabs who only discharge passengers in the municipality; (d) owners or operators of retail businesses who only deliver commodities sold by them in the ordinary course of business and pick up commodities being returned or exchanged; (e) wholesalers, manufacturers or processors who are only in the business of offering for sale or selling their own merchandise and delivering it in their own vehicles to merchants for resale by them in the ordinary course of their businesses; (f) persons practising a profession governed by a special Act, unless they regularly and generally carry on business in the municipality. Security may be required for non-resident businesses 655 (1) A council may, by bylaw, require as a condition of granting a business licence that a person applying for a licence to carry on a non-resident business of a class specified in the bylaw give security to the municipality in accordance with this section. (2) The return of security provided under subsection (1) is conditional on the licensee carrying on business in the municipality without deceit, misrepresentation or fraud on the part of the licensee. (3) Security under subsection (1) must be in a form and for an amount specified in the bylaw, subject to a limit of $1 000, and the amount may be different for different classes of business. (4) Security under subsection (1) must be given for the period from the date the business licence is issued until the earliest of the following: (a) 6 months after the licensee ceases to hold the licence to carry on the non- resident business; (b) the date on which the licensee is issued a business licence by the municipality to carry on the business as a resident business; (c) 3 consecutive years have elapsed during which no order under subsection (6) has been made respecting the security. (5) Subject to subsection (6), at the end of the period under subsection (4), the security must be returned to the licensee. (6) If, during the period under subsection (4), the municipality receives notice of a civil action in a court that (a) is based on deceit, misrepresentation or fraud on the part of a licensee who has given security under this section, and (b) arises out of the carrying on in the municipality of the business for which the security is held, the security must be held subject to the order of the court, which may order that the sum secured be applied wholly or in part to the discharge of the liability of the licensee resulting from the action. Security may be required for new resident business 656 (1) Subject to section 658, a council may, by bylaw, require as a condition of granting a business licence that a person applying for the first time for a licence to carry on a particular resident business specified in the bylaw give security to the municipality in accordance with this section. (2) The return of security provided under subsection (1) is conditional on the applicant carrying on the business continuously in the municipality for at least 6 months. (3) Security under subsection (1) must be in a form and in the amount specified in the bylaw, subject to a limit of $1 000, and that amount may be different for different classes of business. (4) Security under subsection (1) must be returned to a licensee when the licensee has carried on the business continuously in the municipality for 6 months. (5) For the purposes of this section, a person applying for a licence to carry on a business that the person has not carried on continuously during the previous 6 months as a resident business is deemed to be applying for a licence for the first time. Alternative fee for short-term business 657 (1) A bylaw under section 656 must provide that, instead of giving security, an applicant who states that the applicant does not intend to carry on the business continuously in the municipality for at least 6 months may pay a fee in the amount specified in the bylaw. (2) A fee under subsection (1) must not be greater than twice the fee payable in respect of any other resident business of the same class carried on in the municipality. Security under the Consumer Protection Act, 1967 658 An itinerant seller, as defined in the Consumer Protection Act, 1967, who provides and maintains security under that Act, together with the agents, employees or representatives designated by the itinerant seller in writing, is exempt from bylaws under sections 655 to 657. Classification of businesses for licence fee purposes 659 (1) A council may, by bylaw, classify businesses according to the type of business and may further classify each type of business according to the extent of the business on the basis of any of the following factors or combination of them in carrying on the business that the council considers appropriate to each class of business: (a) the floor area used; (b) the ground area used; (c) the number of people regularly engaged; (d) the number of vending or other dispensing machines or other machines, appliances or things used; (e) the number of rental units maintained. (2) A bylaw under subsection (1) must set out the licence fees payable for each classification established, and different licence fees may be established for different classifications. (3) In determining the classification of a business, free parking facilities provided by the owner or operator of the business for the exclusive accommodation of customers must not be taken into account. (4) The council must not, in a bylaw under subsection (1), cause or permit discrimination between a non-resident business and a resident business, either by the classification of businesses or by a licence fee imposed. Maximum licence fees 660 (1) A council may not impose under this Part, for any one period, operation or premises, a licence fee greater than the amount prescribed under subsection (2). (2) The Lieutenant Governor in Council may make regulations prescribing maximum licence fees for the purposes of this section, which may be different for different sizes of municipality and, in the case of licence fees in relation to horse racing, may be different for different municipalities. Term of business licences 661 (1) Except as this section provides, (a) business licences must be granted so as to end on April 30 and October 31, and (b) no proportionate reduction may be made on account of a person starting or ceasing to do business at a particular time. (2) The period for a business licence for a theatre, including a drive-in theatre, amusement hall, concert hall, music hall, opera house, rink, amusement park or other place of amusement, entertainment or exhibition, may be 6 months, 3 months, one month or one day. (3) The period for a business licence for a circus, horse show, dog show, pony show, exhibition or other itinerant show or entertainment, when held elsewhere than in a licensed theatre or other licensed place, must be for one day. (4) The period for a business licence in respect of horse racing must be one day. (5) A council may, by bylaw, do one or more of the following: (a) provide for the issuance of an annual business licence; (b) provide that the licence fee for an annual business licence may be reduced by 50% for a person who becomes liable to be licensed after July 31 in any year; (c) provide, in the first year in which a bylaw under this subsection is in force, for the refund on a proportionate basis of a fee paid for an unexpired business licence. (6) If a bylaw under subsection (5) provides for the issue of an annual business licence, the maximum fees allowable are double the amounts otherwise applicable under section 660 (1). (7) A council may, by bylaw, provide that a licence fee may be reduced proportionately for a person who becomes liable to be licensed after the start of the licence period. Form of licence 662 Every licence under this Division must state that the holder is licensed to carry on the business specified in it in a lawful manner for the period specified at the place specified. Transfer of licence when place of business changed 663 If required by regulations of the council, a person must obtain a transfer of the person's business licence before changing the person's place of business. Intermunicipal business licences 664 (1) If a trading area has not been designated under section 665, the council may, by bylaw adopted by at least 2/3 of its members, provide for entering into, ratifying or adopting agreements described in subsection (2) with one or more other municipalities. (2) An agreement referred to in subsection (1) is one under which the holder of a subsisting business licence of any class specified in the agreement in a municipality that is a party to the agreement is entitled to carry on that business in any other municipality that is a party to the agreement without obtaining a business licence there. (3) Nothing in this section entitles a person to carry on business at 2 or more places at the same time under one licence. Designated trading areas and provision for licensing 665 (1) Despite sections 652 to 667, after giving notice to the respective councils, the minister may define and designate an area containing 2 or more municipalities as a trading area for the purposes of this Division. (2) The minister may specify the classes of business to which this section applies in a designated trading area. (3) Business licences in a trading area may be for a period of one year, in which case the maximum fees allowable are double the amounts under section 660 (1). (4) The councils of the municipalities in a trading area must, by bylaw, (a) jointly establish a schedule of fees for the granting of licences to carry on businesses in all municipalities in the trading area for any class of business specified by the minister, and (b) jointly provide for the issuing of licences and for the sharing of fees among the municipalities in the trading area. (5) When a bylaw under subsection (4) is approved by the minister, it applies to the specified classes of business carried on in the trading area. (6) Subject to section 653 (2), 662 and 663, a licence issued under this section is in place of any other licence the owner or operator of a business would otherwise be required to hold under this Division for that business. (7) Section 660 applies to a trading area as if it were one municipality. Council may refuse to grant business licence 666 Despite this Act or the bylaws of the municipality, a council may, on the affirmative vote of at least 2/3 of its members, refuse in any particular case to grant the request of an applicant for a licence under this Division, but the granting or renewal of a licence must not be unreasonably refused. Delegated authority to grant and suspend licences 667 (1) Without limiting section 176 [corporate powers], a council may, by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast, delegate to any official designated in the bylaw (a) the power to grant a business licence if the official is satisfied that the applicant has complied with the bylaws of the municipality regulating building, zoning, health, sanitation and business, and (b) the power, in the circumstances described in subsection (2), to suspend a business licence for the period the official decides. (2) A business licence may be suspended by an official under subsection (1) (b) if any of the following circumstances apply to the holder of the licence: (a) the holder is convicted of an offence indictable in Canada; (b) the holder is convicted of an offence under an Act or municipal bylaw in respect of the business for which the holder is licensed or with respect to the premises named in the licence; (c) in the opinion of the official, the holder has been guilty of such gross misconduct in respect of the business, or in or with respect to the premises named in the licence, that it warrants the suspension of the licence; (d) the holder has ceased to meet the lawful requirements to carry on the business for which the holder is licensed or with respect to the premises named in the licence; (e) in the opinion of the official, the holder (i) has conducted the holder's business or performed a service in a manner that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of 16 years, or (ii) has sold, offered for sale, displayed for sale or distributed to a person actually or apparently under the age of 16 years any thing that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of 16 years. (3) A person who has applied for but failed to be granted a business licence under subsection (1) (a) may appeal to the council, in which case section 666 applies. (4) A person whose business licence has been suspended under subsection (1) (b) may appeal to the council, which may confirm or set aside the suspension on the terms it thinks fit. Revocation of licence 668 (1) A council may revoke a business licence for reasonable cause after giving notice to the licensee and after giving the licensee an opportunity to be heard. (2) The notice and opportunity to be heard is not required for a licensee who cannot be found by reasonable efforts. Offence to carry on business without licence 669 A person who carries on a business for which a business licence is required, without holding a valid and subsisting licence for the business, commits an offence and is punishable in accordance with the Offence Act. Division 2 - Licensing of Commercial Vehicles Definitions 670 For the purposes of this Division: "commercial vehicle" means a vehicle used by a person on a highway in a participating municipality if the vehicle is (a) a commercial vehicle as defined by and licensed under the Commercial Transport Act, or (b) a vehicle not licensed as referred to in paragraph (a), but used for the collection or delivery, or both, of merchandise or another commodity in the ordinary course of a business undertaking; "licence year" means the period from March 1 to the last day of February of the following year; "municipality" includes the City of Vancouver; "participating municipality" means a municipality in which a bylaw is in force declaring that this Division applies in that municipality. Application of Division 671 Subject to the Motor Carrier Act and despite any private or special Act relating to a municipality, this Division applies to all municipalities on and from October 31, 1962, and supersedes and makes void any bylaw or portion of it that is contrary to this Division. Commercial vehicle licensing bylaw 672 (1) A council may, by bylaw, declare that this Division applies to the municipality, and in that case it applies in the municipality from and after the start of the licence year that begins at least 3 months after the adoption of the bylaw. (2) A bylaw under subsection (1) must make provision not inconsistent with this Division for the following: (a) the imposition and collection of licence fees; (b) the issue of licences and licence plates; (c) the transfer of licences and licence plates, and transfer fees. (3) A bylaw under subsection (1) may be repealed or amended at any time, but a repeal does not take effect until the end of the licence year in which the repealing bylaw is adopted. (4) No licence fee may be imposed and no class of licence may be issued under this Division by a municipality that is not a participating municipality. Exemptions from licensing requirements 673 The following commercial vehicles are exempt from this Division: (a) a commercial vehicle licensed as a farm vehicle under the Commercial Transport Act, except when used for the collection or delivery, or both, of goods, wares, merchandise or other commodity not required in the ordinary course of the farm undertaking of the owner of the vehicle; (b) despite paragraph (e), a commercial vehicle licensed under the Commercial Transport Act owned by a farmer and used only to transport the produce of the farmer's farm to market and to transport supplies required for the farmer's farm; (c) a commercial vehicle owned and operated by an improvement district; (d) a commercial vehicle not requiring a licence fee under section 3 (8) of the Motor Vehicle Act; (e) a commercial vehicle licensed under the Commercial Transport Act not being used by a person for the purpose of the person's business, or by an organization for profit; (f) a commercial vehicle owned by the Provincial government. Licence plate must be displayed 674 Unless exempted under section 673, a commercial vehicle must not be operated on a highway in a participating municipality unless there is displayed on the vehicle a valid and subsisting licence plate issued in accordance with this Division for the vehicle. Issue and transfer of licence plates 675 (1) On application for a licence under this Division for a commercial vehicle and payment of the licence fee, a licence plate must be issued for the vehicle. (2) On application for a licence under this Division for a commercial vehicle operated under an agreement under section 10 of the Commercial Transport Act and payment of the licence fee, a licence plate must be issued and is valid for display on any commercial vehicle operated under the agreement. (3) Subject to the requirements of a bylaw under this Division, on payment of the prescribed fee together with any sum representing the difference in licence fee required for the transfer of a licence plate to a commercial vehicle of greater gross vehicle weight, a licence plate may be transferred (a) from one person to another person for the same commercial vehicle, or (b) from one commercial vehicle to another commercial vehicle for the same person. (4) The Lieutenant Governor in Council may make regulations prescribing fees for the purposes of this section and, in relation to fees under subsections (1) and (2), may prescribe different fees for commercial vehicles of different gross vehicle weight. (5) For the purposes of section 677, an amount paid under subsection (3) in addition to the prescribed fee is deemed to be a licence fee. Term of licences 676 (1) A licence issued under this Division by a municipality is valid in every municipality for the current licence year. (2) A licence issued during January and February must be issued for the following licence year and is a valid and subsisting licence from the date of issue until the end of the following licence year. Fees to be paid to UBCM 677 (1) After deducting any transfer fee under section 675 (3) and the prescribed administration fee, a municipality must pay the remainder of the fees it collects under this Division to the Union of British Columbia Municipalities. (2) The Lieutenant Governor in Council may make regulations prescribing administration fees for the purposes of subsection (1). (3) Money received by the Union of British Columbia Municipalities under subsection (1) must be placed in a separate licence fee account, and the money may be paid out of the account for any of the following: (a) licence plate or licence decal production expenses; (b) the expenses of conducting the audit under subsection (4); (c) other related expenses; (d) payments to participating municipalities. (4) The licence fee account must be audited at the times and in the manner directed by the minister. Offences 678 (1) The owner or operator of a commercial vehicle, other than a vehicle exempted under section 673, who operates or uses or causes the vehicle to be operated or used on a highway in a participating municipality without holding and displaying a valid and subsisting licence plate for the vehicle is liable on conviction to a fine not exceeding $50. (2) A person who displays or causes to be displayed a licence plate on a commercial vehicle not authorized to have it displayed on the vehicle is liable on conviction to a fine not exceeding $200 and the confiscation of the licence plate. (3) A fine imposed under this section does not remove any liability for a prescribed licence fee under this Division. Division 3 - Regulation of Business Business regulation 679 (1) For the purpose of protecting the public or preventing or minimizing nuisances and misleading business practices, a council may, by bylaw, regulate the carrying on of business in the municipality, to the extent not inconsistent with the intent of this or any other Act. (2) A bylaw under subsection (1) may provide different regulations for different classes of business. (3) A provision in a bylaw under subsection (1) that requires an examination or certification of a person engaged in a trade or occupation does not apply to a person who has been granted a certificate or other evidence of competence for that trade or occupation under an Act of Canada or British Columbia. Specific regulatory powers 680 Subject to section 679 but without limiting that section, a council may, by bylaw, do one or more of the following: (a) prohibit the operation of a public show, exhibition, carnival or performance of any particular kind or in any particular location, or both; (b) prohibit for all or defined parts of the municipality the operation of a public poolroom, billiard hall, cabaret, skating rink, bowling alley, dance hall or other place of amusement, including halls and other buildings where public dances are held; (c) require that all bread sold or intended to be sold or offered for sale in the municipality (i) be of a weight specified in the bylaw, (ii) be distinctly labelled with its weight, the name and address of its baker or manufacturer and, in the case of an incorporated company, with the name of its manager, and (iii) be wrapped, except that this paragraph does not apply to bread sold in premises owned by the bakery that baked the bread; (d) subject to the Milk Industry Act, (i) regulate the delivery of milk and milk products to consumers by means of vehicles, and (ii) establish the hours for delivery in various months of the year and prohibit delivery at other times; (e) provide for the seizure and forfeiture of bread and other things intended for human consumption when of light weight or short measurement or made contrary to a bylaw; (f) in relation to premises in which rooms or suites are let for lodging or living purposes, (i) require operators of the premises to maintain a register of persons living there, (ii) regulate the mode of registration, and (iii) require that the register be produced at the request of an employee of the municipality authorized by the council, except that this paragraph does not apply to the operator of premises having not more than 2 rooms available for letting; (g) require all licensed persons purchasing, taking in barter or receiving used or second hand goods (i) to notify the chief constable having jurisdiction in the municipality within 24 hours after purchasing, taking or receiving them, and (ii) not to alter the form of, or to sell, exchange or otherwise dispose of, those goods within 72 hours after the hour of purchasing, taking or receiving them; (h) regulate all vehicles, vessels or other things in which anything is exposed for sale or marketed in a street or public place; (i) in relation to millwood, sawdust, earth, sand and gravel, (i) regulate their delivery, (ii) prohibit their delivery within the municipality except in accordance with the bylaw, which may be different for different commodities, for inspection, measurement, marking, numbering, covering and approval of the vehicle or container in which delivery is made, and the display on a vehicle of its cubic or other capacity and the name of the owner, and (iii) provide for the appointment of officials to inspect and carry out other duties under the bylaw in relation to the vehicles or containers; (j) regulate and require compulsory measurement or weighing of butter, potatoes, milk, cordwood, firewood, coal and other articles of food and fuel sold or exposed for sale. Regulation of carriers 681 (1) Without limiting section 679, a council may, by bylaw, regulate carriers of persons or chattels to the extent to which they are not subject to regulation or order under any other Act. (2) A bylaw under subsection (1) may do one or more of the following: (a) establish the maximum and minimum charges to be made by the carriers or any classification of them, and may base the charges on zones or portions of the municipality designated by bylaw; (b) establish and alter routes to be taken by carriers of persons or chattels; (c) require that all vehicles used by the carriers meet specified standards of safety; (d) make it a condition of the granting and holding of a licence to a carrier that, for each vehicle for which the carrier is licensed, the carrier (i) hold a subsisting policy of insurance issued by an insurer authorized to carry on business in British Columbia, in amounts and against hazards that are specified in the bylaw, or (ii) has given proof of financial responsibility, under the Motor Vehicle Act or the Motor Carrier Act; (e) classify carriers by types and establish different regulations for different classes; (f) limit the number of vehicles with respect to which persons may be licensed in a class. Division 4 - Shopping Hours Regulation Definition of "shop" 682 (1) In this Division, "shop" means land or premises where retail trade or business is carried on, and includes a 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 include the following: (a) premises where a barber or hairdresser is attending a customer in the customer's residence; (b) premises where a pharmacist is only filling a prescription of a person qualified by law to write a prescription; (c) premises where the only trade or business carried on is that of selling tobacco and related products, newspaper, magazines, fresh fruits, fresh vegetables, frozen fruits, frozen vegetables, cut flowers, florists' products, soft drinks, dairy products, bakery products or any of them; (d) a place for the retail sale of tobacco and related products, newspapers, magazines, fresh fruits, soft drinks, dairy products, confectionery or any of them, if sold from stands operated in conjunction with a recreation, sports, entertainment or athletic business; (e) a hotel, inn, public house, restaurant or refreshment house; (f) an automobile service station, automobile service garage, marina or boat service station; (g) premises licensed under the Liquor Control and Licensing Act. (2) A council may, by bylaw, define classes of shops. Section Repealed 683 [Repealed 1997-25-124.] Bylaws under this Division 684 (1) All or any provision of a bylaw adopted under section 686 or 687 (1) may be made applicable to one or more months of the year. (2) If not contrary to the provisions and intent of this Division, a bylaw adopted under this Division must not be deemed to be discriminatory. Statutory holidays 685 Subject to a bylaw or order under, and the Schedule of, the Holiday Shopping Regulation Act, but despite any Act, every shop in a municipality must be closed for the serving of customers during the entire day on the following days: (a) Christmas Day and the day immediately following, New Year's Day, Good Friday, Victoria Day, Canada Day, Labour Day and Remembrance Day; (b) the birthday, or the day set by proclamation of the Governor in Council for celebration of the birthday, of the reigning sovereign; (c) any day set by the Parliament of Canada or appointed by proclamation of the Governor in Council for a general fast or thanksgiving or as a holiday of general application throughout Canada; (d) any day appointed by proclamation or order of the Lieutenant Governor in Council as a holiday; (e) any day appointed or proclaimed as a municipal holiday under this Act. Closing of shops 686 (1) In each week of the year all shops must be closed for the serving of customers, (a) on Monday, Tuesday, Thursday and Saturday, or the 4 days specified by bylaw of the council, not later than 6 p.m., (b) on Wednesday, or another one day specified by bylaw of the council, not later than 12 noon, or a later hour in the afternoon specified in the bylaw, (c) on Friday, or another one day specified by bylaw of the council, not later than 9 p.m., and must remain closed after that for the remainder of each of those days. (2) A council may specify Sunday for the purposes of a bylaw under subsection (1). Exemptions from closing rules 687 (1) For the local convenience and well being of the residents of a municipality, the council may by bylaw exempt completely from sections 685 and 686 any defined class of shops. (2) Despite section 686, a council may, by bylaw, provide that barber shops or hairdressing shops, or both, must (a) be closed and remain closed for the serving of customers at a specified hour on 5 specified days of each week, and (b) be closed for the serving of customers for the entirety of a specified day of each week. Special hours before holidays 688 Despite anything in this Division, a council may, by bylaw, make provision believed necessary for the convenience of the public for the hours during which all shops may remain open for the serving of customers (a) on any or all of the 21 business days immediately preceding Christmas Day, or (b) on the day immediately preceding a day referred to in section 685. Service station hours 689 (1) Unless otherwise provided under this section or under a bylaw or order under, and the Schedule of, the Holiday Shopping Regulation Act, an automobile service station or automobile service garage must close and remain closed for the serving of customers (a) for the entirety of each day referred to in section 685, and (b) from 6 p.m. on other days. (2) A council may, by bylaw, extend the closing hour under subsection (1) to not later than 7 p.m. for the months of October to April, and 9 p.m. for the months of May to September. (3) A council may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members, (a) provide for the issue of permits to an operator of an automobile service station or an automobile service garage granting exemption from this section, and (b) provide regulations governing the conditions under which a permit may be issued, continued, renewed or revoked. (4) The number of permits under subsection (3) in effect at any one time must not exceed 4, or 10% of the number of automobile service stations and garages in the municipality, whichever is greater. (5) A council may, by bylaw, (a) define for this section an area or areas in the municipality, (b) provide for an area a further extension of the hours set out in subsection (1) or (2) applicable to (i) any days of the week, (ii) any days referred to in section 685, and (iii) any months of the year, and (c) set different hours for different days, months and areas. (6) A bylaw under subsection (5) must not be adopted unless it has received the assent of the majority of the operators of the automobile service stations and garages in the municipality voting under subsection (7). (7) The council must make provision to obtain the assent of the operators by secret ballot, and only one vote may be allowed for each licensed automobile service station or garage. (8) A council may exercise its powers under more than one subsection in this section. Application to hawkers and peddlers 690 A council may, in a bylaw under this Division, require that hawkers and peddlers must not hawk, peddle or sell goods or merchandise in the municipality during the time that shops in the municipality are closed under this Division. Emergency exception 691 Nothing in this Division or in a bylaw adopted under it makes a person liable to a penalty for supplying an article or service required in an emergency. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 21 - Building Regulations Division 1 - Building Code and Other Building Regulations Provincial building code and regulations 692 (1) The minister may make regulations as follows: (a) establishing a Provincial building code for British Columbia governing standards for the construction and demolition of buildings; (b) amending, adding to or varying for the purpose of this section the building code established under this section; (c) adopting by reference, with the changes the minister considers necessary, all or part of any building code or standards for the construction or demolition of buildings; (d) regulating building generally for matters not included in the building code; (e) exempting certain persons, buildings, classes of buildings, materials or areas either generally or for certain periods of time from the building code or regulations, and making other regulations for the persons, buildings, classes of buildings, materials or areas exempted; (f) providing for the administration of the building code and other regulations under this section. (2) The building code and other regulations under subsection (1) apply to all municipalities and to regional districts or parts of them not inside a municipality, and has the same force and effect as a validly enacted bylaw of the municipality. (3) A provision of a municipal bylaw that purports to deal with matters regulated under this section, and that is inconsistent with the code or other regulations, is of no force and effect and is deemed to be repealed. Building Code Appeal Board 693 (1) The Building Code Appeal Board is continued, consisting of one or more members appointed by the minister. (2) Each member appointed to the appeal board is to hold office for a term of 3 years or until the member's successor is appointed. (3) A person may be reappointed for a further term or terms. (4) A majority of the appeal board is a quorum. (5) The minister must designate one of the members as chair, and the chair may appoint one of the members as an acting chair to preside in the chair's absence. (6) If a dispute arises on the interpretation or application of the codes referred to in section 692, a party to the dispute may refer the question to the appeal board for determination. (7) The appeal board must determine any question of interpretation or application of the codes referred to in section 692. (8) The decision of the appeal board is final and binding. Division 2 - Municipal Building Regulations Municipal building regulations 694 (1) Subject to the Health Act, the Fire Services Act and the regulations under these Acts, a council may, for the health, safety and protection of persons and property, by bylaw, do one or more of the following: (a) regulate the construction, alteration, repair or demolition of buildings and structures; (b) regulate the installation, alteration or repair of plumbing including septic tanks and sewer connections, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind; (c) require contractors, owners or other persons to obtain and hold a valid permit from the council, or the authorized official, before starting and during the construction, installation, repair or alteration of gas or oil pipes and fittings, plumbing, heating, sewers, septic tanks, drains, electrical wiring, oil burners, tanks, pumps and similar works and buildings and structures of the kind, description or value described in the bylaw; (d) require that, before occupancy of a building or part of it after construction, wrecking or alteration, or a change in class of occupancy of a building or part of it, an occupancy permit be obtained from the council or the authorized official; (e) prescribe conditions generally governing the issue and validity of permits, inspection of works, buildings and structures, and provide for the levying and collecting of permit fees and inspection charges; (f) establish areas to be known as fire limits and, for those areas, (i) regulate the construction of buildings in respect of precautions against fire, and (ii) discriminate and differentiate between areas in the character of the buildings permitted; (g) regulate the seating arrangements and capacity of churches, theatres, halls and other places of public amusement or resort; (h) regulate or prohibit the moving of a building from one property to another in the municipality; (i) require the fencing of private swimming pools or other pools, existing or prospective, according to specifications set out in the bylaw; (j) regulate the construction and layout of trailer courts, manufactured home parks and camping grounds and require that those courts, parks and grounds provide facilities specified in the bylaw; (k) provide that a trailer or manufactured home must not be occupied as a residence or an office unless its construction and facilities meet the standards specified in the bylaw; (l) require the installation of smoke alarms in existing buildings and structures and, in relation to this, establish standards and specifications for required smoke alarms and their installation, to the extent that the requirements of the bylaw do not exceed those established by the building regulations under section 692; (m) require the maintenance of smoke alarms installed as required by regulation under section 692 or by bylaw under paragraph (l) and, in relation to this, establish standards for their maintenance; (n) require the maintenance of "residential premises" and "residential property", as defined in the Residential Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the building code for British Columbia established by the minister under section 692. (2) If requested by an applicant, the building inspector must give written reasons for his or her refusal to issue a building permit. (3) An occupancy permit under subsection (1) (d) may be withheld until the building or part of it complies with the health and safety requirements of the bylaws or of any statute. (4) For the purposes of recovering the costs of administration and inspection, a council may impose rates or levels, or both, of permit fees and inspection charges referred to in subsection (1) (e) that may vary according to one or more of the following: (a) the cost, (b) the type, and (c) the size of the work, building or structure in respect of which the permit is issued or the inspection made. (5) In issuing a building permit, if a municipality indicates in accordance with section 290 (1) (b) that it is relying on a certification of compliance referred to in that subsection, the municipality must reduce the fee for the permit to reflect the costs of the work that would otherwise be done by a building inspector to determine whether the plans or the aspects of the plans that were certified to comply do in fact comply with the Provincial building code and other applicable enactments respecting safety. Requirement for security 694.1 (1) A council or an official authorized by the council may, as a condition of issuing a permit or authorizing the moving of a building under section 694, require a person to provide security by, at the person's option, an irrevocable letter of credit or the deposit of securities in a form satisfactory to the local government, in an amount stated in the permit or authorization. (2) Interest on security under subsection (1) becomes part of the security. (3) Security under this section may only be used by the municipality to repair or replace (a) a highway, including sidewalks and boulevards, (b) a public work, or (c) other municipal property that has been altered or damaged by an activity related to the subject matter of the permit or authorization. (4) Any amount of security under this section that is not required for a purpose referred to in subsection (3) must be returned to the person who provided the security. Requirement for certification by engineer or architect 695 A council may, by bylaw, do one or both of the following: (a) require applicants for building permits, in circumstances as specified in the bylaw that relate to (i) site conditions, (ii) the size or complexity of developments, or (iii) aspects of developments, to provide the municipality with a certification by a professional engineer or architect that the plans submitted with the application for the permit, or specified aspects of those plans, comply with the then current Provincial building code and other applicable enactments respecting safety; (b) authorize building inspectors for the municipality to require applicants for building permits to provide the municipality with a certification referred to in paragraph (a) if a building inspector considers that this is warranted by (i) the site conditions, (ii) the size or complexity of the development, or (iii) an aspect of the development to which the permit relates. Regulating doors and emergency exits 696 (1) Subject to the Fire Services Act and the regulations under that Act, a council may, by bylaw, compel the provision of and regulate the location, number, style and size of doors and emergency exits in churches, theatres, halls or other places of public resort or amusement, and the posting in them of notices of the emergency exits. (2) A bylaw under subsection (1) must provide that (a) all doors in churches, theatres, halls and other places of public resort or amusement must be hinged so that they may open freely outwards, and (b) all gates or outer fences if not hinged as referred to in paragraph (a), must be kept open by proper fastenings during the time the buildings are publicly used to facilitate the exit of people in case of alarm from fire or other cause. (3) Congregations having corporate powers, trustees holding churches or buildings used for churches, and incumbents and church wardens holding or using churches or buildings used for churches, are severally liable for the acts and omissions of any society or congregation on the matters referred to in subsections (1) and (2). (4) A person owning or possessing a church, theatre, hall, school or other building used for public meetings, or as a place of public resort or amusement, who contravenes this section or a bylaw adopted under it is liable on conviction to a penalty not greater than $50. (5) A convicted person is liable on conviction to a further penalty of $5 for every further week during which the violation continues. (6) A penalty under subsection (4) or (5) is a charge on the real property of the person convicted, and may be levied, collected and recovered in the manner provided for taxes. Municipality may adopt national codes 697 (1) To the extent not inconsistent with this Act, either in place of or supplementary to regulations made under this Division, a council may, by bylaw, adopt one or more of the following as regulations: (a) subject to the Electrical Energy Inspection Act, all or part of the Canadian Electrical Code; (b) subject to the Gas Safety Act, all or part of the standards of the Canadian Gas Association; (c) subject to the Fire Services Act, all or part of the National Fire Code of Canada. (2) A code, standard or part referred to in subsection (1) may be adopted by reference to a particular date of issue or a specified issue of the code or standard. Division 3 - Specific Municipal Actions Demolition or repair of unsafe buildings, structures and excavations 698 (1) A council may, by bylaw, authorize (a) the demolition, removal or bringing up to a standard specified in the bylaw of a building, structure or thing, in whole or in part, that contravenes a bylaw or that the council believes is in an unsafe condition, or (b) the filling in, covering over or alteration in whole or in part of an excavation that contravenes a bylaw or that the council believes is in an unsafe condition. (2) At least 30 days before the contemplated action is taken under the bylaw, the council must give written notice of this to the owner, tenant or occupier of the real property affected by the bylaw, either by serving the notice or by sending it by registered mail. (3) On application, the Supreme Court may order that the notice under subsection (2) may be served by substituted service in accordance with the order. (4) An appeal lies to the Supreme Court against the contemplated action. (5) Notice of an appeal must be given to the municipality within 10 days from the date of the notice to the owner, tenant or occupier. (6) The Supreme Court must hear and finally determine the matter, making the order it believes proper. (7) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal. Building inspector may require engineering report 699 (1) For the purposes of this section, "construction" means (a) the new construction of a building or structure, or (b) the structural alteration of or addition to an existing building or structure, but does not include the repair of an existing building or structure. (2) If a building inspector considers that construction would be on land that is subject to or is likely to be subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip, rockfalls, subsidence or avalanche, the building inspector may require the owner of land to provide the building inspector with a report certified by a professional engineer with experience in geotechnical engineering that the land may be used safely for the use intended. (3) As an exception, subsection (2) does not apply if there are no bylaws under section 694 (1) (a) in effect. (4) If a professional engineer with experience in geotechnical engineering determines that land may not be used safely for the use intended, a building inspector must refuse to issue a building permit. (5) A building inspector may issue a building permit in accordance with subsection (6) if a professional engineer with experience in geotechnical engineering determines and certifies that the land may be used safely for the use intended, subject to conditions contained in the engineer's report with respect to (a) the siting, structural design and maintenance of buildings, structures or works, (b) the maintenance or planting of vegetation, (c) the placement and maintenance of land fill, or (d) other conditions respecting the safe use of the land, buildings, structures or works. (6) A building permit under subsection (5) must be issued on the condition that (a) the owner of the land covenants with the municipality or regional district to use the land only in the manner determined and certified by the engineer as enabling the safe use of the land for the use intended, (b) the covenant contains conditions respecting reimbursement by the covenantor for any expenses that may be incurred by the covenantee as a result of a breach of a covenant under paragraph (a), and (c) the covenant be registered under section 219 of the Land Title Act. (7) On application of an owner, a council or board may, by resolution, direct its building inspector to issue a building permit but subject to the condition that a covenant referred to in subsection (6) be entered into and registered. Note against land title that building regulations contravened 700 (1) In addition to any other action that a building inspector is authorized or permitted to take, a building inspector may recommend to the council that it consider a resolution under subsection (3) if, during the course of carrying out duties, the building inspector (a) observes a condition, with respect to land or a building or structure, that the inspector considers (i) results from the contravention of, or is in contravention of, a bylaw or regulation under this Part or under any other enactment relating to the construction or safety of buildings or structures, and (ii) 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 (b) discovers that (i) something was done with respect to a building or structure or the construction of a building or structure that required a permit or an inspection under a bylaw, regulation or enactment referred to in paragraph (a) (i), and (ii) the permit was not obtained or the inspection not satisfactorily completed. (2) A recommendation under subsection (1) must be given in writing to the designated municipal officer, who must (a) notify the registered owner of the land to which the recommendation relates, and (b) after notice under paragraph (a), place the matter before the council. (3) After hearing the building inspector and the owner, the council may confirm the recommendations of the building inspector and pass a resolution directing the designated municipal officer 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 about it may be inspected at the municipal hall. (4) The designated municipal officer must ensure that all records are available for the purpose of subsection (3) (b). (5) If the registrar of land titles receives a notice under subsection (3) and payment of the prescribed fee, the registrar must make a note of the filing against the title to the land that is affected by the notice. (6) 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. (7) In the event of any omission, mistake or misfeasance by the registrar or an employee of the registrar in relation to the making of a note of the filing under subsection (5) after the notice is received by the land title office, (a) the registrar is not liable nor is the Provincial government 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. (8) Neither the building inspector nor the municipality is liable for damage of any kind for the doing of anything, or the failure to do anything, under this section or section 701 that would have, but for this subsection, constituted a breach of duty to any person. (9) This section and section 701 apply to a regional district as though the board was a council and a designated regional district officer was a designated municipal officer. Cancellation of note against land title 701 (1) On receiving a report from a building inspector that the condition that gave rise to the filing of the notice under section 700 (3) has been rectified, the designated municipal officer must file a cancellation notice and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates. (2) An owner of land with respect to which a notice has been filed under section 700 (3), may apply to the council for a resolution that the note be cancelled. (3) After hearing an applicant under subsection (2), the council may pass a resolution directing the designated municipal officer to file a cancellation notice. (4) If a resolution has been passed under subsection (3), the designated municipal officer must file a cancellation notice in the land title office and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates. (5) If the council does not pass a resolution under subsection (3), the owner may apply to the Supreme Court and notify the municipality to attend before the court to show cause why the note should not be cancelled. (6) On an application under subsection (4), after reviewing any evidence that the owner and the municipality may adduce, the court may make an order directing the registrar to cancel the note made under section 700 (3) and, on receiving the order, the registrar of land titles must cancel the note accordingly. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 22 - Miscellaneous Powers Section Repealed 702 [Repealed 1997-25-127.] Division 1 - Regulation of Animals Keeping of animals 703 (1) A council may, by bylaw, do one or more of the following: (a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine, rabbits or other animals and define areas in which they may be kept or may not be kept; (b) regulate or prohibit the keeping of poultry, pigeons, doves or other birds and define areas in which they may be kept or may not be kept; (c) regulate or prohibit the moving and keeping of bees and define areas in which they may be kept or may not be kept; (d) regulate or prohibit kennels or other places for the keeping, training, care, breeding, treatment, hospitalization or boarding of dogs, cats, fur bearing animals or other animals, whether domesticated or undomesticated and, in relation to this, (i) define areas in which those places are permitted or are not permitted, and (ii) define for different species of animals what constitutes a kennel and what is deemed a fur bearing animal; (e) in relation to cattle within the meaning of subsection (3), regulate or prohibit (i) the running of cattle on a highway or public place, (ii) the straying of or trespassing by cattle on a highway or public place or private property, and (iii) the grazing of cattle on unfenced land, unless they are securely tethered; (f) in relation to cattle within the meaning of subsection (3) that are subject to a bylaw under paragraph (e), provide for the impounding of those cattle; (g) regulate or prohibit the running of poultry or rabbits on a highway or public place, or the straying of or trespassing by poultry or rabbits on a highway or public place or private property, and the grazing of poultry or rabbits on unfenced land, and provide for the impounding of the poultry or rabbits. (2) A bylaw under subsection (1) may be applicable to all or any defined area of the municipality and the regulations may be different for different areas. (3) For the purpose of subsection (1) (e) and (f), "cattle" includes any horse, mule, swine, sheep, goat, cow or other animal of the bovine species. Regulation of animal nuisances 704 A council may, by bylaw, do one or more of the following: (a) require owners or occupiers of buildings to prevent pigeons or other birds from perching, roosting or nesting on the buildings, and regulate the feeding of pigeons or other birds by persons other than their owners; (b) offer bounties for the destruction of beasts and birds of a noxious or destructive character; (c) regulate the sale of animals, and the driving of animals through the municipality; (d) prohibit cruelty to animals, and provide for the destruction of any animal suffering from an incurable disease; (e) require that the owner, possessor or harbourer of a dog, or any class of dog, must keep it, as the bylaw directs, (i) effectively muzzled while at large or on a highway or public place, or (ii) on leash or under control of a competent person while on a highway or public place. Dog licences 705 (1) A council may, by bylaw, set, impose and provide for the collection of licence fees from and the issue of licences to a person who owns, possesses or harbours a dog. (2) A bylaw under subsection (1) may (a) require a separate dog licence for each dog, and (b) vary the amount of the fee according to the sex, age, size or breed of the dog. (3) A licence issued under this section is for the calendar year in which the licence is issued. Compensation for injuries to livestock 706 (1) The council of a municipality that imposes a fee to issue a licence for a dog may, by bylaw, (a) provide for the payment of compensation, on a scale set out in the bylaw, to the owner of any domestic animal defined in the Livestock Protection Act that is killed or injured by a dog over the age of 4 months, the owner of which is unknown, and, after diligent inquiry cannot be found, and (b) provide for the maximum sum that is available in any one year for the purposes of compensation under this section. (2) The scale of compensation under subsection (1) (a) must not be less than that provided in rural areas by regulations under the Livestock Protection Act. Animal pounds 707 (1) A council may, by bylaw, do one or more of the following: (a) provide for the seizure, impounding and detention of unlicensed dogs, and of dogs, horses, cattle, poultry, rabbits and other animals unlawfully at large; (b) establish, maintain and operate facilities as pounds; (c) regulate and establish the fines and fees, including damages for trespassing on private property, to be levied and collected by pound keepers; (d) provide for the sale or destruction of animals and birds impounded if the fines, fees and other charges are not paid within a reasonable time. (2) Pounds may be established under subsection (1) (b) outside the municipality but, before adopting the applicable bylaw, the council must obtain the consent of the other affected local government as follows: (a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required; (b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required. (3) The powers under subsection (1) may be exercised jointly with an improvement district or with the Minister of Agriculture, Fisheries and Food, or both. (4) If subsection (3) applies, the Livestock Protection Act operates only in so far as it does not conflict with this Act or a bylaw adopted under this Act. Division 2 - Protection of Trees General protection of trees 708 (1) A council may, by bylaw applicable to all or part of the municipality, do one or more of the following: (a) prohibit the cutting and removal of trees; (b) regulate the cutting and removal of trees; (c) prohibit the damaging of trees; (d) regulate activities that may damage trees; (e) require the replacement, in accordance with the bylaw, of trees that have been cut, removed or damaged in contravention of a bylaw under this subsection or a permit referred to in section 709 (1); (f) require the maintenance of replacement trees required under paragraph (e) or by permit referred to in section 709 and of significant trees identified under section 710; (g) require specified amounts of cash deposits, letters of credit or other forms of security for the replacement of trees under paragraph (e) and their maintenance under paragraph (f); (h) specify circumstances in which assessments or inspections of trees or sites may be undertaken by the municipality; (i) establish exemptions from the application of a bylaw under this subsection. (2) A bylaw under this section may be different in relation to one or more of the following: (a) different areas of the municipality; (b) different species of trees; (c) different classes of trees; (d) different sizes of trees; (e) different significant trees identified under section 710. (3) Interest on security under subsection (1) (g) becomes part of the security. (4) Security under subsection (1) (g) may be used for the purposes referred to in that subsection, but any amount not required for those purposes must be returned to the person who provided the security. Regulation of tree cutting and removal 709 (1) Without limiting the generality of section 708 (1) (b), a bylaw under that section may do one or more of the following: (a) require permits to cut or remove trees; (b) establish fees for these permits; (c) establish terms and conditions for the granting, refusal and use of these permits, which may include requirements for the replacement of trees that are cut or removed or that are damaged in the course of these actions; (d) require applicants for these permits to provide plans identifying (i) the trees proposed to be cut or removed, (ii) the trees proposed to be retained, and (iii) the trees proposed to be provided in replacement of the trees that are to be cut or removed; (e) establish circumstances in which a permit under this section may be revoked. (2) A fee under subsection (1) (b) for a permit must not include charges for an assessment or inspection required as a condition of the permit or authorized under section 708 (1) (h) or 713 (1). Significant trees 710 (1) A council may, by bylaw, identify trees that the council considers significant because of their importance to the community, including importance for heritage or landmark value or as wildlife habitat. (2) The council may provide for the placement of a plaque or other marker indicating a tree identified under subsection (1), subject to the requirement that permission for this be obtained from the owner of the real property on which the marker is placed. Hazardous trees and shrubs 711 (1) A council may, by bylaw, require the owner or occupier of real property to trim, remove or cut down a tree, hedge, bush or shrub on the property if the council considers that it is (a) a hazard to the safety of persons, (b) likely to damage public property, or (c) seriously inconveniencing the public. (2) A bylaw under section 708 (1) (a) or (b) does not apply to a tree that is subject to a bylaw under this section. Removal or replacement of trees at owner's expense 712 (1) A council may take action under this section if a person does not comply (a) with a requirement of a bylaw under section 708 (1) (e) or a permit referred to in section 709 (1) to provide replacement trees, or (b) with a requirement of a bylaw under section 711 to trim, remove or cut down trees, hedges, bushes or shrubs. (2) In the circumstances described in subsection (1), the council may serve the person with notice that the municipality will be entitled to take the required action at the expense of the person given the notice if the person does not take that required action, (a) in the case of a requirement referred to in subsection (1) (a), within 30 days of service, or (b) in the case of a requirement referred to in subsection (1) (b), within 5 days of service. (3) The Supreme Court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order. (4) If the person given notice does not take the required action within the time period referred to in subsection (2), the municipality, by its employees or others, may enter the real property and effect that action at the expense of the person given notice. (5) If the person referred to in subsection (4) does not pay the costs of the action under that subsection on or before December 31 in the year in which the costs were incurred, the costs must be added to and form part of the taxes payable on the real property as taxes in arrear. Assessment and inspection of trees 713 (1) In addition to the authority under section 708 (1) (h), a council may direct that an assessment or inspection of specified trees or sites be undertaken by the municipality for the purposes of this Division. (2) The municipality, by its employees or others, may enter onto real property and make an assessment or inspection authorized under subsection (1) or section 708 (1) (h) or required as a condition of a permit referred to in section 709 (1). Limits on powers under this Division 714 (1) If a bylaw under section 708 would have the effect on a parcel of land of (a) preventing all uses permitted under the applicable zoning bylaw, or (b) preventing the development to the density permitted under the applicable zoning bylaw, the bylaw does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density. (2) As an exception to subsection (1), a bylaw that has an effect referred to in that subsection applies without limit to a parcel if the council, by resolution, commits the municipality to (a) pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or (b) provide, by development permit, development variance permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density. (3) For the purposes of subsection (2) (a), the compensation must be as determined and paid as soon as reasonably possible in an amount set (a) by agreement between the owner and the municipality, or (b) if no agreement is reached, by the Expropriation Compensation Board. (4) For the purposes of subsection (2) (b), the council may issue a development permit or development variance permit on its own initiative without an application from the owner. (5) Except as provided in subsection (2), no compensation is payable to any person for a reduction in the value of any interest in land that results from a bylaw under this Division or the issuance or refusal of a permit under this Division. (6) A bylaw or permit under this Division does not apply to land and the trees on it if the land is land to which section 17 of the Forest Land Reserve Act applies. Reconsideration of delegate's decision 715 If a council delegates powers, duties or functions under this Division, the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the council reconsider the matter. Division 3 - Sundry Powers Bylaws regarding cemeteries 716 (1) Subject to the Cemetery and Funeral Services Act, a council may, by bylaw, do one or more of the following: (a) lay out, regulate and manage cemeteries, including the construction of crematoriums or columbariums; (b) regulate the interment or other disposition of the dead; (c) prohibit the violation of cemeteries and damage to vaults, monuments, gravestones or graves; (d) [Repealed 1998-34-145.] (e) 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 a municipal cemetery for the interment or other disposition of the dead; (f) establish, set aside and maintain a maintenance fund for the upkeep and care of a cemetery and the burial plots in it and, in relation to this, (i) determine what proportion of the fees for each burial plot must be paid into the maintenance fund, and (ii) accept voluntary payments from a person having the right to use an area or plot or from other persons or municipalities interested. (2) All money received by a municipality for a maintenance fund under subsection (1) (f) must be held and invested as trust funds to be devoted solely to the purposes for which they were received. Fees and charges in relation to airports, harbours, parking and other facilities 717 (1) Without limiting section 176 [corporate powers], if a council owns, holds or manages property for the purposes described in subsection (3) of this section, the council may charge and collect fees for (a) access to or use of the property, and (b) the use of space in all or a portion of the property. (2) The fees may be different in relation to one or more of the following: (a) different uses of property; (b) different access to property; (c) different portions of property; (d) different classes of persons. (3) The following are the purposes referred to in subsection (1): (a) an airport, seaplane harbour or landing area for aircraft; (b) a small boat harbour, shelter or marina; (c) a manufactured home park; (d) a slaughterhouse or abattoir; (e) a market; (f) a weigh house or weigh scales; (g) off-street parking facilities. Night patrols 718 (1) A council may, by bylaw, (a) appoint, employ and pay night patrollers for the purpose of (i) patrolling at night, or between certain hours of the night, an area in the municipality defined by the bylaw, and (ii) guarding and protecting the property within the area, and (b) levy by special rate on all the land and improvements within the limits defined by the bylaw, except vacant lots, for the expenses of or incidental to the employment of the night patrollers, in the same manner and at the same time as payment of the other rates or taxes in the municipality is enforced. (2) A bylaw under subsection (1) must not be adopted except on petition for it signed by at least 2/3 of the owners who (a) on its adoption would become liable to be charged with the expenses to be incurred under it, and (b) represent in value at least 2/3 of the assessed real property liable to be charged with the expenses. (3) A petition under subsection (2) must not be received and acted on by the council unless (a) it is proved, by the affidavit of a reliable and competent witness, that (i) all the signatures on it are the genuine signatures of the persons whose signatures they purport to be, and (ii) its contents were made known to each person signing it before signature, or (b) its sufficiency has been determined by the municipal officer assigned responsibility under section 198 [corporate administration] in the manner for a petition for a work of local improvement. Section Repealed 719 [Repealed 1998-34-148.] Bicycle licences 720 (1) A council may, by bylaw, establish, impose and provide for the collection of licence fees from and the issue of licences to a person who owns a bicycle used on a highway. (2) A licence issued under this section is for the calendar year in which the licence is issued. Land rehabilitation assistance 721 (1) The Lieutenant Governor in Council may provide by regulation for the levy of a charge on each parcel of land in an area to be rehabilitated under the Agricultural and Rural Development (BC) Act. (2) A charge under subsection (1) must be imposed on the basis of area and must be a deferred diminishing charge collectable only under the regulation on sale of the land or at the end of a period of years, as set out in the regulations. (3) A registrar of land titles must not accept for registration a document purporting to transfer or charge land in an area of a municipality or improvement district rehabilitated under the Public Works Agreement Act or the Agricultural and Rural Development (BC) Act without (a) a certificate from the designated municipal officer or the improvement district secretary that charges under subsection (1) have been paid in full, or (b) the written approval of the inspector. (4) Subsections (1) to (3) do not apply to an agreement made by the Minister of Agriculture, Fisheries and Food with a corporation under section 5 of the Agricultural and Rural Development (BC) Act. Wild flowers, auctions and athletic contests 722 A council may, by bylaw, regulate or prohibit one or more of the following: (a) the sale of wild flowers; (b) sales by auction in a public market; (c) boxing, wrestling, jujitsu and other professional athletic contests where an athletic commission has not been established. Removal and deposit of sand, gravel and other soil 723 (1) In this section, "soil" includes sand, gravel, rock and other substances of which land is composed. (2) A council may, by bylaw, regulate or prohibit (a) the removal of soil from, and (b) the deposit of soil or other material on any land in the municipality or in any area of the municipality. (3) A bylaw under subsection (2) may make different regulations and prohibitions for different areas. (4) A provision in a bylaw under subsection (2) that prohibits the removal of soil has no effect until the provision is approved by the minister with the concurrence of the Minister of Energy, Mines and Petroleum Resources. (4.1) A provision in a bylaw under subsection (2) that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the Minister of Environment, Lands and Parks. (5) A council may, by bylaw, do one or more of the following: (a) require the holding of a permit for (i) the removal of soil from, or (ii) the deposit of soil or other material on any land in the municipality or in any area of the municipality; (b) impose rates or levels of fees for a permit referred to in paragraph (a); (c) impose rates or levels of fees for the activities referred to in paragraph (a). (6) Fees under subsection (5) (b) or (c) may vary according to the quantity of soil removed or the quantity of soil or other material deposited, and the rates or levels of fees may be different for different areas of the municipality. (7) A bylaw under subsection (5) (b) or (c) has no effect until it is approved by the minister. Noise control 724 (1) A council may, by bylaw, do one or more of the following: (a) regulate or prohibit the making or causing of noises or sounds in or on a highway or elsewhere in the municipality (i) that disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity, or (ii) that the council believes are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public; (b) prevent or prohibit persons from shouting, using megaphones and making other noise in, at or on streets, wharves, docks, piers, steamboat landings, railway stations or other public places; (c) prevent charivaries and similar disturbances of the peace. (2) Regulations and prohibitions under subsection (1) (a) may be different for different areas of the municipality. Nuisances and disturbances 725 (1) A council may, by bylaw, do one or more of the following: (a) prevent, abate and prohibit nuisances, and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance or other persons described in the bylaw; (b) prohibit persons from (i) causing or permitting water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises, or (ii) depositing or throwing bottles, broken glass or other rubbish in any open place; (c) for the purpose of preventing unsightliness on real property, (i) prohibit persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place, and (ii) prohibit the owners or occupiers of real property from allowing their property to become or remain unsightly; (d) for the purpose of remedying unsightliness on real property, require the owners or occupiers of real property, or their agents, to remove from it unsightly accumulations of filth, discarded materials, rubbish or graffiti; (e) require the owners or occupiers of real property, or their agents, to clear the property of brush, trees, noxious weeds or other growths; (f) require the owners or occupiers of real property, or their agents, to prevent infestation by caterpillars and other noxious or destructive insects and to clear the property of such insects; (g) in relation to the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia, (i) require the owners or occupiers of real property, or their agents, to eliminate or reduce the fouling or contaminating of the atmosphere through those emissions, (ii) prescribe measures and precautions to be taken for the purpose of subparagraph (i), and (iii) establish limits not to be exceeded for those emissions; (h) require manufacturers and processors to dispose of the waste from their plants in the manner directed by the bylaw; (i) prohibit the posting, exhibiting or distributing of placards, play bills, posters, advertising, writings or pictures, or the writing of words, or the making of pictures or drawings that are indecent or may tend to corrupt or demoralize, on walls, fences or elsewhere, on or adjacent to a highway or public place; (j) prevent vice, drunkenness, profane swearing or indecent, obscene, blasphemous or grossly insulting language or other immorality and indecency; (k) regulate the bathing or washing of the person in any public waters in or near the municipality; (l) regulate or prohibit mushroom growing; (m) prohibit the carrying on of a noxious or offensive trade, business or manufacture. (2) In relation to a requirement under subsection (1) (d), (e) or (f), the bylaw may provide that (a) if a person fails to comply with the requirement, the municipality, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the property and effect the compliance at the expense of the person who has failed to comply, and (b) if the person at whose expense the compliance is carried out under paragraph (a) does not pay the costs on or before December 31 in the year that the compliance was effected, the costs are to be added to and form part of the taxes payable on the property as taxes in arrear. (3) A bylaw under subsection (1) (l) may be applicable throughout the municipality or any defined area of it and may make different regulations for different areas. Fire and security alarm systems 726 (1) In relation to fire alarm systems and security alarm systems, a council may, by bylaw, 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 subparagraph (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 added to and form part of the taxes payable on the real property as taxes in arrear; (d) exercise powers given by regulation under subsection (3); (e) establish exemptions from the application of a bylaw 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) The Lieutenant Governor in Council may, by regulation, (a) grant additional powers to municipalities, including the City of Vancouver, to enact bylaws establishing specified prohibitions, restrictions, requirements and conditions regarding (i) fire alarm systems and security alarm systems, and (ii) the installation, operation, maintenance and repair of these systems, and (b) authorize specified variations of the provisions of bylaws under paragraph (a). (4) As an exception, a bylaw 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. Removal of dangerous buildings and other structures 727 (1) A council may (a) declare that a building, structure or erection of any kind, or a drain, ditch, watercourse, pond, surface water or other matter or thing, in or on private land or a highway, or in or about a building or structure, is a nuisance, and (b) order that it be removed, pulled down, filled up or otherwise dealt with by its owner, agent, lessee or occupier, as the council may determine and within the time after service of the order that is stated in the order. (2) The council must give notice of an order under subsection (1) to the following persons, either by serving the order or by sending the order by registered mail: (a) the owner of the land where the nuisance exists; (b) all other persons who are recorded in the land title office as having an interest in the land; (c) the agent, if known, of the registered owner of the land; (d) the lessee or occupier of the land. (3) On application, the Supreme Court may order that service required by subsection (2) may be made by substituted service in accordance with the order. (4) The council may further order (a) that, in case of default by the owner, agent, lessee or occupier to comply with an order under subsection (1) within the period stated in it, the municipality, by its employees and others, may enter and effect the removal, pulling down, filling up or other dealing at the expense of the person defaulting, and (b) that the charges for doing the work under paragraph (a), including all incidental expenses, if unpaid on December 31 in any year, are to be added to and form part of the taxes payable on that land or real property as taxes in arrear. (5) If a nuisance declared under subsection (1) is a building, structure or erection, (a) after the end of 60 days from the date of the mailing of the notice to the owner under subsection (2), and (b) after the end of the period stated in the order, the council may dispose of the building, structure or erection, or any part or material in it, by auction sale, by public or private tender, or otherwise. (6) From the proceeds of a sale or other disposal under subsection (5), there must be deducted for municipal use the actual costs, including incidental expenses, incurred by the municipality in carrying out the order, and the remainder of the proceeds must be paid by the municipality to the owner or other person lawfully entitled. (7) This section applies to any building, structure or erection of any kind that the council believes is so dilapidated or unclean as to be offensive to the community. Firearms, explosives and fireworks 728 (1) A council may, by bylaw, do one or more of the following: (a) regulate or prohibit the discharging of firearms, including air guns, air rifles, air pistols and spring guns; (b) regulate or prohibit the use of bows as defined in the Wildlife Act; (c) regulate or prohibit the use of any explosive agent for blasting, regulate persons engaged in blasting and require persons engaged in blasting to give security for damage to persons who, or whose property, may be injured by it; (d) regulate or prohibit the exploding of firecrackers or other fireworks; (e) subject to the Fireworks Act, regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every nature or kind. (2) A bylaw under subsection (1) (a) to (d) may be applicable throughout the municipality or any defined area of it and may make different regulations for different areas. (3) Despite a bylaw under subsection (1) (d), a council may authorize the issuance of a permit to a person or organization for the purpose of the observance or celebration of a special event or festival by the use of firecrackers or other fireworks of any kind, and may specify terms and conditions. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------This is not the official version. Copyright (c) 2000: Queen's Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT - Continued [RSBC 1996] CHAPTER 323 Part 23 - Improvement Districts Division 1 - General Definitions 729 In this Part: "manufactured home" means a single family dwelling manufactured as a unit, or in units, intended to be occupied in a place other than that of its manufacture, and designed so that it may be drawn or moved from place to place; "manufactured home park" means land used or occupied by a person to provide spaces for the accommodation of 2 or more manufactured homes and for imposing a charge or rental for the use of the space; "owner" means an owner as defined in the Water Act. Administration and control of improvement districts 730 The administration and control of improvement districts, whenever incorporated and whether incorporated under this Act or any other Act, is in the minister. Incorporation by letters patent 731 (1) The Lieutenant Governor in Council may, by letters patent, incorporate an area of land comprising 2 or more parcels, whether contiguous or not, and its owners into an improvement district, under a name and with objects that appear advisable and with powers considered necessary to carry out those objects. (2) The letters patent for an improvement district (a) may provide that some provisions of this Act or the Water Act do not apply to the improvement district and that other special provisions apply, and (b) may divide the improvement district into zones, specify the number of trustees to be elected from each zone, provide for the election and method of election of trustees in any zone and provide for general meetings of landowners in each zone. (3) If it appears to the Lieutenant Governor in Council that an improvement district will undertake the functions of an existing development district, another improvement district or a water users' community, the Lieutenant Governor in Council (a) may transfer to the improvement district any asset, right, claim, charge or liability of the development district, other improvement district or water users' community, and dissolve the development district, other improvement district or water users' community, and (b) specify that the bylaws of the dissolved development district, improvement district or water user's community continue in force in the area that was formerly inside its boundaries, until amended or repealed by the trustees of the improvement district that has undertaken its functions. (4) The power of dissolution conferred by subsection (3) may be exercised despite any other statute, special or otherwise. (5) In an order under subsection (3), the Lieutenant Governor in Council may specify deletions of and alterations in endorsements or entries made against any indefeasible or absolute title or other document deposited in a land title office or created under the Land Title Act or any statute repealed by that Act. (6) Despite the Land Title Act or any other statute, a registrar of land titles must make the deletions and alterations specified as referred to in subsection (5). Incorporation of mountain resort improvement districts 732 (1) If (a) the council of a municipality in which the area is located approves, or (b) in the absence of a municipality, the board of the regional district in which the area is located approves, the Lieutenant Governor in Council may, by letters patent, incorporate an area of land comprising 2 or more parcels, whether contiguous or not, and its owners into a mountain resort improvement district, under a name and with objects that appear advisable and with powers considered necessary to carry out those objects. (2) The letters patent for a mountain improvement district (a) may provide that some provisions of this Act or the Water Act do not apply to the mountain resort improvement district and that other specified provisions apply, and (b) may divide a mountain resort improvement district into zones, specify the number of trustees to be elected from each zone, and provide for the election and method of election of trustees in any zone. (3) Section 746 (1) (b), (c) and (d) does not apply to a mountain resort improvement district unless the letters patent provide otherwise. (4) If it appears to the Lieutenant Governor in Council that a mountain resort improvement district will undertake the functions of an existing improvement district or a water users' community, the Lieutenant Governor in Council (a) may transfer to the mountain resort improvement district any asset, right, claim, charge or liability of the other improvement district or water users' community, and dissolve the other improvement district or water users' community, and (b) may specify that the bylaws of the dissolved improvement district or water users' community continue in force in the area that was formerly inside its boundaries until amended or repealed by the trustees of the mountain resort improvement district that has undertaken its functions. (5) The power of dissolution conferred by subsection (4) may be exercised despite any other statute, special or otherwise. (6) In an order under subsection (4), the Lieutenant Governor in Council may specify deletions of and alterations to endorsements or entries made against any indefeasible or absolute title or other document deposited in a land title office or created under the Land Title Act or any statute repealed by that Act. (7) Despite the Land Title Act or any other statute, a registrar of land titles must make the deletions and alterations specified as referred to in subsection (6). Notation on title of land in a mountain improvement district 733 (1) On the establishment of a mountain resort improvement district under section 732, parcels in the mountain resort improvement district are subject to section 11 (2), without special endorsement on the indefeasible title. (2) The registrar of land titles may, and on application of the improvement district must, make the following notation on every indefeasible title of resort land issued on or after the establishment of the improvement district: "This land is located in a mountain resort improvement district and is subject to the letters patent for that improvement district." (3) An application under subsection (2) must contain a description of the resort land that is sufficient for the registrar to identify it in the records of the land title office and must be in the form prescribed under the Land Title Act. (4) In the event of any delay, omission, mistake or misfeasance by the registrar of land titles or his or her employees in relation to making a notation under subsection (2), (a) the registrar of land titles is not liable nor is the Provincial government 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. Amendment or recall of letters patent 734 (1) The Lieutenant Governor in Council may (a) amend the letters patent of an improvement district in any respect, or (b) recall the letters patent and issue others in their place. (2) Unless expressly provided in the amending or new letters patent, the amendment, recall or reissue does not impair or prejudice the assets, rights, claims and financial obligations of the improvement district. Dissolution of improvement districts 735 The Lieutenant Governor in Council may dissolve an improvement district and may make a disposition of its assets that appears equitable. Improvement district trustees 736 (1) The powers of an improvement district are to be exercised and its property is to be managed (a) by trustees elected by the persons entitled to vote as provided in the letters patent, or (b) if no provision is made for the election of trustees in the letters patent, by trustees elected by the owners of land in the improvement district. (2) Despite subsection (1), the Lieutenant Governor in Council may appoint the first trustees of an improvement district, or may appoint a person to conduct the first election of trustees. (3) Except as otherwise provided in the letters patent and except as to trustees elected to fill vacancies resulting from death, resignation or disqualification, the term of office of a trustee is 3 years. (4) A majority of the trustees constitutes a quorum. (5) Whenever the trustees in office do not constitute a quorum, the inspector may make provision at the expense of the improvement district for an election to fill the vacancy among the trustees. (6) If a vacancy referred to in subsection (5) is not filled by the election under that subsection, the Lieutenant Governor in Council may appoint a person the Lieutenant Governor in Council thinks proper to fill the vacancy, and it is not necessary for the person to be an owner of land in the district. Election of improvement district trustees 737 (1) In order to vote at an election for improvement district trustees, a person must be (a) a Canadian citizen, (b) age 18 years or older, and (c) entitled to be registered as a voter under the Election Act. (2) Improvement district elections may be held at the annual general meetings of the improvement districts or otherwise, and the voting may be done by secret ballot or otherwise. (3) The Lieutenant Governor in Council may, by regulation, prescribe the procedure to be followed in conducting any election for improvement district trustees. (4) A person who is qualified to vote at an improvement district election and who voted or applied to vote in the election may appeal to the Supreme Court against the order of the presiding officer accepting or rejecting a vote or ballot or the result of the election. (5) An appeal under subsection (4) must be made in writing within 2 weeks after the election. (6) On an appeal under subsection (4), after the hearing or investigation the court believes proper, it may confirm or amend the order appealed against or may declare the election of no effect and order a new election, establishing the date, time, place and conditions. (7) An election must not be set aside because of an innocent irregularity, unless the court is satisfied that the irregularity affected the result of the election. Chair and officers 738 (1) Subject to the letters patent, the trustees must elect one of their number as chair at the first meeting in each year and at the first meeting after a vacancy occurs in the office. (2) The chair must preside at meetings of the trustees. (3) The chair has a vote, and a question on which there is an equality of votes is deemed to be negatived. (4) If the chair is absent from a meeting, the members present must appoint one of their number to act as chair. (5) The trustees may (a) appoint a secretary and other officers and employees as they consider necessary, (b) establish the salaries or wages of the persons appointed, and (c) in the discretion of the trustees, dismiss an appointed person. Meeting procedure 739 (1) The trustees of an improvement district may, by resolution, make rules and regulations for the calling of meetings of the trustees for any purpose and for the transaction of business at meetings. (2) The inspector or the chair of the trustees may call a meeting of the trustees for any purpose and the chair must do so when requested in writing by the inspector or by a majority of the trustees. (3) The chair or secretary of the trustees must give written notice to each trustee of each meeting of the trustees by mailing a notice to the address of each trustee at least 7 clear days before the date of the meeting. (4) Despite subsection (3), a meeting of the trustees may be held at any time for any purpose if all the trustees are present or if those absent have in writing waived notice of the meeting or have signified in writing their consent to the meeting being held in their absence. First meeting of trustees in each year 740 (1) Subject to the letters patent, the first meeting in each year of the trustees of an improvement district must be held after, but not later than 30 days after, the date in the year on which the annual general meeting of the district or the last general meeting of a zone of it has been held. (2) The time and place of the first meeting in each year must be set by the secretary, by a majority of the trustees or, in the case of the first meeting of trustees after incorporation, by the official responsible for conducting the first election. Trustees to account to owners 741 (1) The trustees of an improvement district must (a) cause to be kept books containing particular and accurate records of all receipts and expenditures of the funds of the improvement district, and (b) once in every 12 months, call a meeting of the owners of land in the improvement district and present to them a summary of the financial transactions of the improvement district. (2) The land owners present at each annual meeting must choose an auditor to audit the books of the improvement district for the following year and the trustees must pay the auditor from the funds of the improvement district. (3) Within one month after the holding of a general meeting of an improvement district, the trustees must provide the inspector with a true copy of every auditor's report and financial statement presented to or discussed at the meeting. Appointment of receiver 742 (1) The Lieutenant Governor in Council may appoint a receiver to manage the affairs of an improvement district if it appears in the public interest to do so. (2) The receiver has (a) all the powers of the trustees and other officers of the improvement district, and (b) the exclusive control of the property, assets and revenues of the improvement district. (3) After the appointment of a receiver, an action may not be brought against the improvement district or receiver without the consent of the Supreme Court. Protection from legal proceedings 743 (1) A writ of execution against an improvement district may be issued only with the permission of the Supreme Court, and on the terms and conditions the court may specify. (2) The corporate seal, books, tools and office furniture, fixtures and fittings of an improvement district are exempt from seizure or sale by process of law. Improvement district property exempt from taxation 744 The land and its improvements of an improvement district are exempt from taxation by the Provincial government, a regional district or a municipality including the City of Vancouver. Division 2 - Powers and Operations General powers 745 (1) An improvement district is a corporation and has all powers necessary or useful in carrying out its objects. (2) Without limiting subsection (1), an improvement district may do one or more of the following: (a) acquire, hold and dispose of land and other property, and charges on and interest in it; (b) borrow money, issue bonds, debentures, mortgages and other securities; (c) settle claims; (d) assess land and improvements, levy and collect taxes, tolls and other charges and recover them by suit, by distress or by sale of the assessed land; (e) construct, repair, improve, manage, maintain and operate works of any kind; (f) regulate the distribution of water, electricity or any other thing or service provided or conveyed by the improvement district; (g) any thing incidental to the things referred to in paragraphs (a) to (f) or necessary to carry out its objects. (3) All contracts that, if made between natural persons, would have to be made in writing must be made under the district's seal. Powers that must be exercised by bylaw 746 (1) The trustees of an improvement district may make bylaws for one or more of the following: (a) making a contract about land, easements or works, or a hiring agreement that is not terminable after notice of one month or less; (b) borrowing by way of loan, temporary or otherwise, from a chartered bank or from any person, sums the trustees believe necessary; (c) executing cheques, promissory notes or other instruments that may be necessary or desirable for the purpose referred to in paragraph (b); (d) borrowing money by the issue and sale of notes, bonds, debentures and other securities in principal amounts the trustees believe necessary; (e) appointing an assessor and a collector; (f) establishing the tolls and other charges, including charges for capital expenditures, payable to the improvement district, and the times of their payment; (g) establishing discounts or percentage additions to encourage the prompt payment of tolls and charges under paragraph (f); (h) establishing the basis of assessment of the land and the value of land and improvements in the district; (i) establishing the method to be followed by the assessor in classifying land in the district for assessment purposes; (j) regulating the distribution and use of water, power or any other thing or service made available; (k) approving subdivision of land; (l) in relation to manufactured home parks, (i) establishing a charge for fire protection for each space occupied by a manufactured home in a manufactured home park, payable by the person in charge of or operating the park, (ii) establishing the time of payment of the charge, and (iii) authorizing inspection by the improvement district of a manufactured home park and the records of the operator of the park; (m) establishing penalties for failure to comply with regulations made under this section and bylaws made by the trustees. (2) Securities under subsection (1) (d) (a) may be in a form, may bear interest at a rate and may be made payable as to principal and interest at the time, in the manner, at the place and in the currency the trustees believe expedient, and (b) may be made redeemable in advance of maturity at the time and at the price the trustees by bylaw determine at the time of issue. (3) Sections 759 and 762 to 768 apply to the collection of charges imposed under subsection (1) (l), and the money owing for the charges is deemed to be taxes recoverable under section 762 and 763. (4) The powers referred to in subsection (1) may only be exercised by bylaw, but all other powers of the improvement district may be exercised by the trustees by resolution. Requirements for bylaws 747 (1) A bylaw of an improvement district must be (a) sealed with the seal of the improvement district, and (b) signed by the secretary and by the person presiding at the meeting at which the bylaw is passed. (2) The bylaws of improvement districts are effective only on registration with the inspector. (3) For any bylaw, the inspector may register or refuse to register it or take any other action the inspector considers is in the interest of the improvement district or the Provincial government. Power to exercise rights under certain water licences 748 (1) If the objects of an improvement district include the operation of irrigation works, the right to divert, store and carry water granted under any licence for irrigation purposes appurtenant to land inside the improvement district is exercisable only by the improvement district or its assignees. (2) An improvement district referred to in subsection (1) (a) has the sole right to the use of all works for diverting, storing and carrying water authorized, constructed, maintained or used under the licence, whether they are inside the territorial limits or not, and (b) may, without reference to the precedence of licences, distribute the water to any land inside the territorial limits. (3) Subsections (1) and (2) apply to licences for domestic or waterworks purposes if the objects of the improvement district include the operation of works for waterworks purposes. (4) When an improvement district is disincorporated, the rights granted under the licences appurtenant to the land within the territorial limits are again exercisable by the respective owners of the land. Power to expropriate water diversion licences and related works 749 (1) In addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, an improvement district whose objects include the operation of works for waterworks purposes may expropriate (a) a licence authorizing the diversion of water from a stream suitable for a water supply for the improvement district, and (b) any work constructed or used under authority of the licence and any real property required for the operation, maintenance and protection of the work. (2) If an improvement district exercises a power under subsection (1) that does not constitute an expropriation within the meaning of the Expropriation Act, compensation as determined by the Expropriation Compensation Board is payable for any loss or damages caused by the exercise of the power. General power to expropriate land and works 750 (1) An improvement district may expropriate land or works, or both, reasonably required to carry out its objects. (2) The interest of a person in works located on Crown land, including works on highways, may be expropriated if the Lieutenant Governor in Council has consented to the expropriation. Renewal of works 751 (1) An improvement district must make adequate provision in advance to renew works when they require renewal, and for that purpose must raise annually, by taxes or tolls, or both, the sums that the inspector directs. (2) Funds raised for the renewal of works must be kept separate from other funds of the improvement district and must not be disbursed without the prior written consent of the inspector. Appeal if improvement district refuses to provide services 752 (1) An improvement district has no obligation to convey or supply water or electricity or to provide any service to any person, land or premises. (2) Despite subsection (1), a person to whom any improvement district refuses to convey or supply water or electricity, or to provide any service, may appeal to the inspector, who may make any order in the matter that the inspector considers just and reasonable. Division 3 - Taxes and Cost Recovery Assessment roll 753 (1) The trustees of an improvement district may direct the assessor of the improvement district to prepare an assessment roll. (2) The trustees must determine the basis of assessment, which may be by parcel, group of parcels, area or value of land or improvements or personal property, or any combination of them. (3) Complete or partial exemption may be allowed for any of the bases of assessment or any kind or class of any of those bases. (4) If areas are made a basis of assessment, the land may be classified into grades by any method of classification determined by the trustees. Notice of assessment 754 (1) The assessor must assess every parcel of land or group of parcels in the name of the registered owner who appears entitled to possession of the land. (2) After preparing an assessment roll, the assessor must (a) mail every assessed owner an assessment notice showing the assessment of the owner's land and, if applicable, the assessment of the owner's improvements and personal property, and (b) send an assessment notice to every holder of a registered charge on land who requests this in writing. (3) The obligation to send an assessment notice under subsection (2) must be considered satisfied if the assessor made a reasonable effort to mail or otherwise deliver the notice. (4) The assessment notice must state the date of the first meeting of the court of revision under section 755, which must not be earlier than 2 weeks after the sending of the notice. Revision of assessments 755 (1) The trustees (a) must provide for the revision of an assessment roll by the court of revision and for the consideration of all complaints about assessment, and (b) must appoint 3 of themselves or other persons to constitute the court of revision. (2) Any person having an interest in assessed land may file with the court of revision a complaint about the assessment of the person's land or other assessed land. (3) The court of revision must consider the complaints filed and may ratify or amend an assessment. (4) On completion of the revision, the court of revision must confirm the assessment roll. (5) Within 2 weeks after notice of the determination of a complaint by the court of revision, a person may appeal to the inspector, who may, after the investigation the inspector believes proper, ratify or amend the assessment. (6) The assessment roll as confirmed by the court of revision and, if applicable, as amended by the inspector, is valid and binding on all persons concerned, despite an omission, defect or error in it or in any assessment notice or the failure to send an assessment notice. (7) An assessment roll referred to in subsection (6) remains in effect until a new roll has been prepared, revised and confirmed. Tax collection on behalf of improvement district 756 (1) This section applies to improvement districts whose objects include (a) fire protection, (b) street lighting, (c) financial aid to hospitals, (d) acquisition of property for hospitals, or (e) ambulance service. (2) If the improvement district is located wholly in one or more municipalities, the council of each municipality must levy and collect all taxes that may be levied on real property in the municipality by the improvement district for the objects referred to in subsection (1). (3) If the improvement district is located wholly or partly in a rural area, (a) with the consent of the Minister of Finance and Corporate Relations, the trustees of the improvement district may, on or before November 30 of each year, provide to the assessor of the assessment district in which all or the greater portion of the improvement district is located a statement showing the amount of money required by the improvement district for the objects referred to in subsection (1) for the following year, and (b) on receipt of a statement under paragraph (a), the assessor must promptly apportion to the municipalities and rural area in the improvement district, according to the basis of assessment established by the School Act, (i) the amount shown on the statement, and (ii) an amount estimated for the cost of assessment and collection, interest on money paid in advance of collection, and losses through failure to collect. (4) If the improvement district is located wholly in a rural area, (a) the assessor of the assessment district in which all or the greater portion of the improvement district is located must advise the collector of each collection district in which any part of the improvement district is located of the amount of money required to be levied by the collector and the applicable rates, and (b) the collector must levy the amount according to the basis of assessment established by the School Act. (5) If the improvement district includes a municipality and rural area, (a) the assessor of the assessment district in which all of or the greater portion of the rural area is located must advise the trustees of the improvement district, the council of the municipality and the collector of each collection district in which any part of the improvement district is located of the amount of money required to be levied and the applicable rates for each of the component areas of the improvement district, and (b) the council of the municipality and the collector must levy that amount in their respective jurisdictions according to the basis of assessment established by the School Act. (6) The amount to be raised within a municipality for improvement district purposes must be paid, on or before September 30 of the year in which the amount was levied, by the municipality to the improvement district, which must without delay pay the amount to the Minister of Finance and Corporate Relations. (7) If the Minister of Finance and Corporate Relations believes the amount of money required by the improvement district under this section is too large to be levied in one year, that minister may authorize that the amount be levied over a number of years and in the manner that minister considers appropriate. (8) The Minister of Finance and Corporate Relations may advance to the improvement district from the consolidated revenue fund amounts requisitioned by the improvement district in respect of the taxes before they are levied or collected. (9) Except as to the basis of assessment provided in subsections (3) to (8), (a) the Taxation (Rural Area) Act applies to the assessment, levy, collection and recovery of all taxes imposed under those subsections on land and improvements in rural areas and to the addition of interest, (b) those taxes, when assessed and levied, are deemed to be taxes imposed and assessed under the Taxation (Rural Area) Act, and (c) the proceeds of those taxes must be paid by the Minister of Finance and Corporate Relations to the improvement district, less an amount that that minister believes should be retained to cover (i) the cost of assessment and collection, (ii) interest on any money paid in advance of collection, (iii) losses through failure of collection, and (iv) the annual sum required in repayment of any advance that has been made by that minister. (10) Sections 754 and 755 do not apply to any taxes imposed, assessed or levied under this section. Levying of taxes by improvement district 757 (1) The trustees may, by bylaw, levy taxes to raise the funds considered necessary to meet the obligations of the improvement district and to carry out its objects. (2) Taxes under subsection (1) may be established on the basis of parcels, groups of parcels, values or areas, or any combination of them and different rates of tax may be established for different grades or classes of land and improvements. (3) A bylaw under subsection (1) may establish the minimum amount of taxes payable for a parcel or group of parcels and may provide for discounts or percentage additions to encourage prompt payment. (4) Unless otherwise provided, a tax is deemed to have been levied and is owing on and from January 1 of the year for which the tax is levied. (5) A person whose name appears on the assessment roll of an improvement district in any year as the owner of any land is liable to the improvement district for the taxes levied by the trustees for that year for that land. (6) If the trustees levy a tax on the basis of values as referred to in subsection (2), they must adopt a variable tax rate system as defined in section 332 (1). (7) Section 333 applies to a variable tax rate system under this section and, for these purposes, a reference to a municipality in section 333 (2) is to be read as a reference to an improvement district. (8) A tax bylaw or tax must not be questioned on the ground that the rate of the tax exceeds what is required for the purposes for which taxes may be levied. (9) Any action in which the validity of a tax bylaw is questioned must be commenced within one month after registration of the bylaw. Tax notices 758 (1) On registration of a tax bylaw, the trustees must have sent to every registered owner of assessed land a tax notice that (a) shows the amount of taxes owing by the assessed owner to the improvement district, and (b) provides sufficient information on assessment and the rates of tax to show how the taxes are computed. (2) The obligation to send a notice under subsection (1) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice. Lien for taxes and tolls 759 (1) Despite anything contained in any statute, every assessment made, every tax imposed or levied, accrued or to accrue on any land, and every toll or charge established under a bylaw of an improvement district forms a lien and charge on the land on which it has been imposed, levied, accrued or established. (2) A lien and charge referred to in subsection (1) has preference over any claim, lien, privileges or encumbrance of any person, except the Crown and municipal taxes previously accrued, and does not require registration to preserve it. (3) If it is necessary or advisable to protect or enforce a lien referred to in subsection (1) by action or proceeding, this may be done by order of any court of competent jurisdiction, on application and on the notice that the court directs. (4) A lien referred to in subsection (1) constitutes a lien and charge on the whole parcel of land affected, even though the tax, toll or charge forming the lien may have been imposed, levied, established or calculated on a part only, or on improvements of any kind or class. (5) If a parcel of land on which there are taxes owing to an improvement district is subdivided, the collector may apportion the taxes among the separate parts of the parcel and their owners as nearly as possible in conformity with the classification of the land comprising the parts at the time the taxes were levied. Interest on taxes 760 (1) The taxes payable to an improvement district bear interest at the rate prescribed by the Lieutenant Governor in Council under section 11 (3) of the Taxation (Rural Area) Act from March 1 next following the date on which they are levied, until paid or recovered. (2) The interest under subsection (1) (a) is from day to day deemed part of the taxes, and a reference to taxes is deemed to include all interest so added, and (b) is to the same extent as the taxes a lien and charge. Division 4 - Tax Sales Definitions 761 In this Division: "purchaser" includes the improvement district; "sale" includes the acquisition of land by the improvement district under this section. Tax sale for recovery of taxes 762 (1) In addition to all other remedies for the recovery of taxes, including percentage additions and interest, the improvement district (a) may hold a tax sale and there sell at public auction all the land on which there are taxes owing to the improvement district for 24 months or longer at the date of the sale, and (b) must hold such a tax sale at least once in each year. (2) The trustees must set the date, time and place of the tax sale. (3) The collector of the improvement district must (a) at least 60 days before the date set for the tax sale, give written notice in accordance with subsection (4) to each registered owner of a parcel proposed to be sold and to the holder of any registered charge on the parcel, either by serving the notice or by sending it by registered mail, and (b) retain a copy of each notice under paragraph (a). (4) The notice must include the following: (a) the time and place set for the tax sale; (b) a short description of the land for which the taxes are owing; (c) the amount of all taxes owing to the improvement district on the land and the amount of interest to the date of the tax sale; (d) the amounts chargeable as expenses connected with the tax sale, including any applicable fee under the Land Title Act for issuance and registration of a tax sale deed; (e) the upset price of the land for the purpose of the tax sale, being the total of the taxes, interest, expenses and fee; (f) a statement that, if the amounts of taxes, interest and expenses are not paid before the tax sale, the collector will offer the land for sale by public auction at the time and place stated in the notice; (g) a statement that the proposed tax sale of the land will be an absolute sale and that no right of redemption will remain in the owner or holder of the charge after the sale. (5) On application, the Supreme Court may order that the notice under subsection (3) may be served by substituted service in accordance with the order. (6) Notice, publication or advertisement of the tax sale, other than that required by subsection (3), is not necessary, but the trustees may direct the advertisement of a tax sale as they consider appropriate. (7) In order to cover the expenses connected with a tax sale, the trustees may, by bylaw, establish amounts to be charged under subsection (8). (8) The collector must charge against each parcel proposed to be sold at the tax sale the amount set under subsection (7). Conduct of tax sale 763 (1) The collector must conduct the tax sale in accordance with the following: (a) on the day and at the hour and place set for the tax sale, if the amounts of taxes, interest and expenses for land described in a tax sale notice have not been paid, the collector must offer that land separately for sale at the upset price stated in the notice, and may sell it to the highest bidder; (b) if there is a bid of the upset price, but no higher bid, the person bidding the upset price must be declared the purchaser; (c) the collector may adjourn the tax sale from day to day or for a period not exceeding 7 days at any one adjournment until all the land is disposed of. (2) If the purchaser of a parcel of land at a tax sale fails to pay immediately to the improvement district the amount of the purchase money, the collector must without delay offer the parcel for sale again. (3) A tax sale purchaser, at the time of paying to the collector the purchase price of the land sold to the purchaser, must sign, or have a person acting as agent sign, a copy of the tax sale notice relating to that land and stating the full name, occupation and post office address of the purchaser. (4) The signed copy of the tax sale notice under subsection (3) (a) must be preserved by the collector with all the other records connected with the tax sale, and (b) on the execution under this section of a deed of the land sold, is deemed to constitute the collector or the collector's successor in office as the duly authorized agent to apply (i) on behalf of the purchaser for registration of the purchaser's title to the land, or (ii) in case of the purchaser's death, on behalf of the purchaser's personal representative for registration of the representative's title to the land. Disposal of surplus from tax sale 764 (1) If a parcel of land offered for sale at the tax sale sells for more than the upset price, on written request the surplus must be paid without interest to the registered owner or the personal representative of the registered owner, unless a claim to the surplus is made by some other person on the ground that the land belonged to the other person or that the other person is otherwise entitled to the surplus. (2) If a claim referred to in subsection (1) is made, the surplus (a) must be paid, without leave or order, into the Supreme Court, accompanied by a copy of the tax sale notice and a statement of the collector setting out (i) the facts under which the payment into court is made, and (ii) the names of the registered owner and the claimant, and (b) is payable out of court to the person entitled on the order of the court to be made on application in a summary manner and subject to the giving of notice as the court directs. Improvement district as purchaser of tax sale land 765 A parcel of land offered for sale at the tax sale for which no bid equal to or greater than the upset price is received is deemed to be sold to the improvement district. Tax sale deed 766 (1) Promptly after a tax sale, the collector must (a) execute a deed of each parcel sold by the collector at the tax sale to the purchaser or, in case of the death of the purchaser, to the personal representative of the purchaser, and (b) forward the deed to the registrar of land titles, together with any applicable fee under the Land Title Act. (2) On receipt of a tax sale deed under subsection (1) and any applicable fee, the registrar of land titles must register indefeasible title to the land in the name of the purchaser or the personal representative, subject to Provincial taxes owing on the land. (3) The registration of the improvement district or any other person as the owner of land under a tax sale deed executed under this section (a) cancels registration of the indefeasible or absolute title of that land and any duplicate indefeasible title or absolute certificate of title outstanding for that land, and (b) disencumbers the land of all interest of every previous owner or of those claiming under a previous owner, and of all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every nature and kind, other than (i) the restrictive conditions, reservations and exceptions subject to which the land was held at the time of the tax sale, and (ii) existing liens of the Crown or of the municipality in which the land is located. (4) In a court proceeding, a deed purporting to be issued for a sale of land for unpaid taxes, and purporting to be executed under this Act, is evidence that (a) the deed is the tax sale deed that it purports to be, (b) the sale alleged in the deed was conducted in a fair and open manner, and (c) there were taxes due and in arrear on the land described in the deed at the time of the sale for which it could be sold. (5) After the end of one year after the date on which the application is made to register in the purchaser the title of land sold at a tax sale, an action must not be brought to recover the land or to set aside the sale of the land, against (a) the registrar, the improvement district, the trustees or the collector for the sale of the land or registration of an indefeasible title to it, or (b) except as provided in this section, against the improvement district, the trustees or the collector for any loss sustained because the land was sold. (6) A person who at the time of sale was the registered owner of the land sold, or the personal representative or assignee of that person, or a person who at the time of sale was the holder of a registered interest in or charge on the land, must be indemnified by the improvement district for loss sustained by the person because of the sale of the land if (a) the land was not liable to taxation by the improvement district during the period for which the taxes were levied on the land sold, (b) the taxes for which the land was sold had been paid, or (c) notice of the intention to sell or offer the land for sale was not given in substantial compliance with section 762 (3). (7) A proceeding to recover indemnity under subsection (6) must be commenced within one year after the date on which the application is made to register the title of the land in the purchaser. (8) Despite subsection (6), there is no right to indemnity under that subsection if it is shown that the person claiming indemnity (a) was aware at any time that the land was liable to be sold or offered for sale, or (b) was aware at the time of the tax sale that the land was advertised or offered for sale. Sale of Crown land held under a mortgage or agreement for sale 767 (1) Subject to this section, sections 762 to 766 apply to land in respect of which taxes are in arrear if (a) the fee simple of the land is in the Provincial or federal government, and (b) the land is held under a mortgage to or agreement for sale from the Provincial or federal government, a minister of the Provincial or federal government or a board or corporation holding or having charge of the administration of the land on behalf of the Provincial or federal government. (2) At a tax sale, the land must be sold subject to the interest of the Provincial or federal government and the collector must state at the time of sale that the interest of the Provincial or federal government is prior to all claims and is not affected by the sale. (3) The Provincial or federal government may accept the tax sale purchaser as mortgagor or purchaser of the land and may deal with that purchaser to the exclusion of the person whose interest was sold at the tax sale and of all persons claiming under that person. (4) If the Provincial or federal government accepts the tax sale purchaser as mortgagor or purchaser, that government must (a) notify the trustees of this, and (b) notify the registrar if the mortgage or agreement for sale is registered in the land title office. (5) If the Provincial or federal government does not accept the tax sale purchaser as mortgagor or purchaser or does not notify the trustees within 6 months after the date of sale that that government has accepted the purchaser, the purchaser is entitled to a refund from the improvement district of the amount the purchaser paid together with interest at the rate prescribed under subsection (6). (6) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (5). (7) If a refund is made under subsection (5), the collector must promptly replace on the tax roll, as taxes in arrear, the amount of the taxes, interest, costs and expenses, together with the interest paid to the purchaser under that subsection. Disposal of tax sale land by trustees 768 The trustees may lease, sell or otherwise dispose of land of which the improvement district has been registered as owner under section 766 in the manner and on the terms they see fit, and may apply the proceeds of sale for any purpose for which taxes that may be levied by the trustees under this Act may be applied. Division 5 - Borrowing and Securities Provision of sinking funds 769 If a bylaw of an improvement district provides for a sinking fund, the improvement district must pay the instalments of the sinking fund to the Minister of Finance and Corporate Relations, who must invest them in investments permitted for a trust fund under section 40 (4) of the Financial Administration Act. Provincial guarantee of improvement district securities 770 (1) The Lieutenant Governor in Council may, on terms and in the manner and form the Lieutenant Governor in Council determines, guarantee the payment of principal and interest of (a) notes, bonds, debentures or other securities authorized to be issued under this Act or the Water Act by an improvement district for any purpose of the improvement district, and (b) loans, temporary or otherwise, authorized to be raised under this Act or the Water Act by an improvement district for any purpose of the improvement district. (2) Without limiting subsection (1), the purposes of an improvement district include the following: (a) the acquisition, construction, reconstruction, replacement, improvement and extension of works for diverting, storing and conveying water for domestic use and irrigation of land; (b) the disposal of sewage; (c) the provision of fire protection; (d) the provision of street lighting; (e) the granting of financial aid toward the planning, constructing, reconstructing, purchasing, equipping or operating of a hospital, or the acquiring of land or buildings for those hospital purposes; (f) repayment of advances by the Provincial government to the improvement district; (g) repayment, refunding or renewal of all or part of a loan raised or securities issued by the improvement district; (h) payment of all or a part of any loan, liability or bonds, debentures or other securities, payment of which is guaranteed or assumed by the improvement district; (i) payment of any other liability or debt of the improvement district. (3) A guarantee given under subsection (1) must be signed by the Minister of Finance and Corporate Relations, or by another officer of the Ministry of Finance and Corporate Relations designated by the Lieutenant Governor in Council. (4) On the guarantee being signed in accordance with subsection (3), the Provincial government is liable to pay the principal and interest of the notes, bonds, debentures, securities and loans guaranteed, according to their tenor. (5) In the hands of any holder of the notes, bonds, debentures or securities, a guarantee signed in accordance with subsection (3) is conclusive evidence that that subsection has been complied with. (6) The Lieutenant Governor in Council may make arrangements to supply the money necessary to fulfil the requirements of a guarantee under this section and may advance the amount necessary out of the consolidated revenue fund. Form of securities 771 The notes, bonds, debentures and other securities authorized and issued by an improvement district must bear the seal of the improvement district and, together with any coupons attached to them, must bear the manual, engraved, lithographed or printed signatures of the chair and secretary of the trustees of the improvement district, or of the other persons the trustees may by bylaw determine. Registration of securities 772 (1) An improvement district that issues or has issued bonds or debentures must keep or cause to be kept at the office of the improvement district or in the office of the registrar of the Ministry of Finance and Corporate Relations a registry book in which (a) the owners of any of its bonds or debentures may register them as to principal only, and (b) transfers of bonds or debentures so registered may be registered. (2) Bonds or debentures of an improvement district pass by delivery unless registered as to principal in the name of the owner in the registry book, in which case the fact of registration must be noted on the bonds or debentures so registered. (3) After registration, a transfer of a bond or debenture is not valid unless it is (a) made by instrument in writing signed by the registered owner or by the authorized attorney of the registered owner, and (b) registered in the registry book. (4) Registration of an instrument under subsection (3) must be noted on the bond or debenture. (5) The registration of a bond or debenture under this section may be discharged and the transferability of the bond or debenture by delivery restored by registration of a further transfer to the bearer of the bond or debenture, that is similarly registered and noted on the bond or debenture as referred to in subsections (3) and (4). (6) After the registration of a bond or debenture has been discharged, its registration may again in like manner be effected or discharged. (7) Despite registration of a bond or debenture, the interest coupons continue to be payable to bearer and to be transferable by delivery. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------This is not the official version. Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT — Continued [RSBC 1996] CHAPTER 323 Part 23 — Improvement Districts Division 1 — General Definitions 729 In this Part: "manufactured home" means a single family dwelling manufactured as a unit, or in units, intended to be occupied in a place other than that of its manufacture, and designed so that it may be drawn or moved from place to place; "manufactured home park" means land used or occupied by a person to provide spaces for the accommodation of 2 or more manufactured homes and for imposing a charge or rental for the use of the space; "owner" means an owner as defined in the Water Act. Administration and control of improvement districts 730 The administration and control of improvement districts, whenever incorporated and whether incorporated under this Act or any other Act, is in the minister. Incorporation by letters patent 731 (1) The Lieutenant Governor in Council may, by letters patent, incorporate an area of land comprising 2 or more parcels, whether contiguous or not, and its owners into an improvement district, under a name and with objects that appear advisable and with powers considered necessary to carry out those objects. (2) The letters patent for an improvement district (a) may provide that some provisions of this Act or the Water Act do not apply to the improvement district and that other special provisions apply, and (b) may divide the improvement district into zones, specify the number of trustees to be elected from each zone, provide for the election and method of election of trustees in any zone and provide for general meetings of landowners in each zone. (3) If it appears to the Lieutenant Governor in Council that an improvement district will undertake the functions of an existing development district, another improvement district or a water users' community, the Lieutenant Governor in Council (a) may transfer to the improvement district any asset, right, claim, charge or liability of the development district, other improvement district or water users' community, and dissolve the development district, other improvement district or water users' community, and (b) specify that the bylaws of the dissolved development district, improvement district or water user's community continue in force in the area that was formerly inside its boundaries, until amended or repealed by the trustees of the improvement district that has undertaken its functions. (4) The power of dissolution conferred by subsection (3) may be exercised despite any other statute, special or otherwise. (5) In an order under subsection (3), the Lieutenant Governor in Council may specify deletions of and alterations in endorsements or entries made against any indefeasible or absolute title or other document deposited in a land title office or created under the Land Title Act or any statute repealed by that Act. (6) Despite the Land Title Act or any other statute, a registrar of land titles must make the deletions and alterations specified as referred to in subsection (5). Incorporation of mountain resort improvement districts 732 (1) If (a) the council of a municipality in which the area is located approves, or (b) in the absence of a municipality, the board of the regional district in which the area is located approves, the Lieutenant Governor in Council may, by letters patent, incorporate an area of land comprising 2 or more parcels, whether contiguous or not, and its owners into a mountain resort improvement district, under a name and with objects that appear advisable and with powers considered necessary to carry out those objects. (2) The letters patent for a mountain improvement district (a) may provide that some provisions of this Act or the Water Act do not apply to the mountain resort improvement district and that other specified provisions apply, and (b) may divide a mountain resort improvement district into zones, specify the number of trustees to be elected from each zone, and provide for the election and method of election of trustees in any zone. (3) Section 746 (1) (b), (c) and (d) does not apply to a mountain resort improvement district unless the letters patent provide otherwise. (4) If it appears to the Lieutenant Governor in Council that a mountain resort improvement district will undertake the functions of an existing improvement district or a water users' community, the Lieutenant Governor in Council (a) may transfer to the mountain resort improvement district any asset, right, claim, charge or liability of the other improvement district or water users' community, and dissolve the other improvement district or water users' community, and (b) may specify that the bylaws of the dissolved improvement district or water users' community continue in force in the area that was formerly inside its boundaries until amended or repealed by the trustees of the mountain resort improvement district that has undertaken its functions. (5) The power of dissolution conferred by subsection (4) may be exercised despite any other statute, special or otherwise. (6) In an order under subsection (4), the Lieutenant Governor in Council may specify deletions of and alterations to endorsements or entries made against any indefeasible or absolute title or other document deposited in a land title office or created under the Land Title Act or any statute repealed by that Act. (7) Despite the Land Title Act or any other statute, a registrar of land titles must make the deletions and alterations specified as referred to in subsection (6). Notation on title of land in a mountain improvement district 733 (1) On the establishment of a mountain resort improvement district under section 732, parcels in the mountain resort improvement district are subject to section 11 (2), without special endorsement on the indefeasible title. (2) The registrar of land titles may, and on application of the improvement district must, make the following notation on every indefeasible title of resort land issued on or after the establishment of the improvement district: "This land is located in a mountain resort improvement district and is subject to the letters patent for that improvement district." (3) An application under subsection (2) must contain a description of the resort land that is sufficient for the registrar to identify it in the records of the land title office and must be in the form prescribed under the Land Title Act. (4) In the event of any delay, omission, mistake or misfeasance by the registrar of land titles or his or her employees in relation to making a notation under subsection (2), (a) the registrar of land titles is not liable nor is the Provincial government 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. Amendment or recall of letters patent 734 (1) The Lieutenant Governor in Council may (a) amend the letters patent of an improvement district in any respect, or (b) recall the letters patent and issue others in their place. (2) Unless expressly provided in the amending or new letters patent, the amendment, recall or reissue does not impair or prejudice the assets, rights, claims and financial obligations of the improvement district. Dissolution of improvement districts 735 The Lieutenant Governor in Council may dissolve an improvement district and may make a disposition of its assets that appears equitable. Improvement district trustees 736 (1) The powers of an improvement district are to be exercised and its property is to be managed (a) by trustees elected by the persons entitled to vote as provided in the letters patent, or (b) if no provision is made for the election of trustees in the letters patent, by trustees elected by the owners of land in the improvement district. (2) Despite subsection (1), the Lieutenant Governor in Council may appoint the first trustees of an improvement district, or may appoint a person to conduct the first election of trustees. (3) Except as otherwise provided in the letters patent and except as to trustees elected to fill vacancies resulting from death, resignation or disqualification, the term of office of a trustee is 3 years. (4) A majority of the trustees constitutes a quorum. (5) Whenever the trustees in office do not constitute a quorum, the inspector may make provision at the expense of the improvement district for an election to fill the vacancy among the trustees. (6) If a vacancy referred to in subsection (5) is not filled by the election under that subsection, the Lieutenant Governor in Council may appoint a person the Lieutenant Governor in Council thinks proper to fill the vacancy, and it is not necessary for the person to be an owner of land in the district. Election of improvement district trustees 737 (1) In order to vote at an election for improvement district trustees, a person must be (a) a Canadian citizen, (b) age 18 years or older, and (c) entitled to be registered as a voter under the Election Act. (2) Improvement district elections may be held at the annual general meetings of the improvement districts or otherwise, and the voting may be done by secret ballot or otherwise. (3) The Lieutenant Governor in Council may, by regulation, prescribe the procedure to be followed in conducting any election for improvement district trustees. (4) A person who is qualified to vote at an improvement district election and who voted or applied to vote in the election may appeal to the Supreme Court against the order of the presiding officer accepting or rejecting a vote or ballot or the result of the election. (5) An appeal under subsection (4) must be made in writing within 2 weeks after the election. (6) On an appeal under subsection (4), after the hearing or investigation the court believes proper, it may confirm or amend the order appealed against or may declare the election of no effect and order a new election, establishing the date, time, place and conditions. (7) An election must not be set aside because of an innocent irregularity, unless the court is satisfied that the irregularity affected the result of the election. Chair and officers 738 (1) Subject to the letters patent, the trustees must elect one of their number as chair at the first meeting in each year and at the first meeting after a vacancy occurs in the office. (2) The chair must preside at meetings of the trustees. (3) The chair has a vote, and a question on which there is an equality of votes is deemed to be negatived. (4) If the chair is absent from a meeting, the members present must appoint one of their number to act as chair. (5) The trustees may (a) appoint a secretary and other officers and employees as they consider necessary, (b) establish the salaries or wages of the persons appointed, and (c) in the discretion of the trustees, dismiss an appointed person. Meeting procedure 739 (1) The trustees of an improvement district may, by resolution, make rules and regulations for the calling of meetings of the trustees for any purpose and for the transaction of business at meetings. (2) The inspector or the chair of the trustees may call a meeting of the trustees for any purpose and the chair must do so when requested in writing by the inspector or by a majority of the trustees. (3) The chair or secretary of the trustees must give written notice to each trustee of each meeting of the trustees by mailing a notice to the address of each trustee at least 7 clear days before the date of the meeting. (4) Despite subsection (3), a meeting of the trustees may be held at any time for any purpose if all the trustees are present or if those absent have in writing waived notice of the meeting or have signified in writing their consent to the meeting being held in their absence. First meeting of trustees in each year 740 (1) Subject to the letters patent, the first meeting in each year of the trustees of an improvement district must be held after, but not later than 30 days after, the date in the year on which the annual general meeting of the district or the last general meeting of a zone of it has been held. (2) The time and place of the first meeting in each year must be set by the secretary, by a majority of the trustees or, in the case of the first meeting of trustees after incorporation, by the official responsible for conducting the first election. Trustees to account to owners 741 (1) The trustees of an improvement district must (a) cause to be kept books containing particular and accurate records of all receipts and expenditures of the funds of the improvement district, and (b) once in every 12 months, call a meeting of the owners of land in the improvement district and present to them a summary of the financial transactions of the improvement district. (2) The land owners present at each annual meeting must choose an auditor to audit the books of the improvement district for the following year and the trustees must pay the auditor from the funds of the improvement district. (3) Within one month after the holding of a general meeting of an improvement district, the trustees must provide the inspector with a true copy of every auditor's report and financial statement presented to or discussed at the meeting. Appointment of receiver 742 (1) The Lieutenant Governor in Council may appoint a receiver to manage the affairs of an improvement district if it appears in the public interest to do so. (2) The receiver has (a) all the powers of the trustees and other officers of the improvement district, and (b) the exclusive control of the property, assets and revenues of the improvement district. (3) After the appointment of a receiver, an action may not be brought against the improvement district or receiver without the consent of the Supreme Court. Protection from legal proceedings 743 (1) A writ of execution against an improvement district may be issued only with the permission of the Supreme Court, and on the terms and conditions the court may specify. (2) The corporate seal, books, tools and office furniture, fixtures and fittings of an improvement district are exempt from seizure or sale by process of law. Improvement district property exempt from taxation 744 The land and its improvements of an improvement district are exempt from taxation by the Provincial government, a regional district or a municipality including the City of Vancouver. Division 2 — Powers and Operations General powers 745 (1) An improvement district is a corporation and has all powers necessary or useful in carrying out its objects. (2) Without limiting subsection (1), an improvement district may do one or more of the following: (a) acquire, hold and dispose of land and other property, and charges on and interest in it; (b) borrow money, issue bonds, debentures, mortgages and other securities; (c) settle claims; (d) assess land and improvements, levy and collect taxes, tolls and other charges and recover them by suit, by distress or by sale of the assessed land; (e) construct, repair, improve, manage, maintain and operate works of any kind; (f) regulate the distribution of water, electricity or any other thing or service provided or conveyed by the improvement district; (g) any thing incidental to the things referred to in paragraphs (a) to (f) or necessary to carry out its objects. (3) All contracts that, if made between natural persons, would have to be made in writing must be made under the district's seal. Powers that must be exercised by bylaw 746 (1) The trustees of an improvement district may make bylaws for one or more of the following: (a) making a contract about land, easements or works, or a hiring agreement that is not terminable after notice of one month or less; (b) borrowing by way of loan, temporary or otherwise, from a chartered bank or from any person, sums the trustees believe necessary; (c) executing cheques, promissory notes or other instruments that may be necessary or desirable for the purpose referred to in paragraph (b); (d) borrowing money by the issue and sale of notes, bonds, debentures and other securities in principal amounts the trustees believe necessary; (e) appointing an assessor and a collector; (f) establishing the tolls and other charges, including charges for capital expenditures, payable to the improvement district, and the times of their payment; (g) establishing discounts or percentage additions to encourage the prompt payment of tolls and charges under paragraph (f); (h) establishing the basis of assessment of the land and the value of land and improvements in the district; (i) establishing the method to be followed by the assessor in classifying land in the district for assessment purposes; (j) regulating the distribution and use of water, power or any other thing or service made available; (k) approving subdivision of land; (l) in relation to manufactured home parks, (i) establishing a charge for fire protection for each space occupied by a manufactured home in a manufactured home park, payable by the person in charge of or operating the park, (ii) establishing the time of payment of the charge, and (iii) authorizing inspection by the improvement district of a manufactured home park and the records of the operator of the park; (m) establishing penalties for failure to comply with regulations made under this section and bylaws made by the trustees. (2) Securities under subsection (1) (d) (a) may be in a form, may bear interest at a rate and may be made payable as to principal and interest at the time, in the manner, at the place and in the currency the trustees believe expedient, and (b) may be made redeemable in advance of maturity at the time and at the price the trustees by bylaw determine at the time of issue. (3) Sections 759 and 762 to 768 apply to the collection of charges imposed under subsection (1) (l), and the money owing for the charges is deemed to be taxes recoverable under section 762 and 763. (4) The powers referred to in subsection (1) may only be exercised by bylaw, but all other powers of the improvement district may be exercised by the trustees by resolution. Requirements for bylaws 747 (1) A bylaw of an improvement district must be (a) sealed with the seal of the improvement district, and (b) signed by the secretary and by the person presiding at the meeting at which the bylaw is passed. (2) The bylaws of improvement districts are effective only on registration with the inspector. (3) For any bylaw, the inspector may register or refuse to register it or take any other action the inspector considers is in the interest of the improvement district or the Provincial government. Power to exercise rights under certain water licences 748 (1) If the objects of an improvement district include the operation of irrigation works, the right to divert, store and carry water granted under any licence for irrigation purposes appurtenant to land inside the improvement district is exercisable only by the improvement district or its assignees. (2) An improvement district referred to in subsection (1) (a) has the sole right to the use of all works for diverting, storing and carrying water authorized, constructed, maintained or used under the licence, whether they are inside the territorial limits or not, and (b) may, without reference to the precedence of licences, distribute the water to any land inside the territorial limits. (3) Subsections (1) and (2) apply to licences for domestic or waterworks purposes if the objects of the improvement district include the operation of works for waterworks purposes. (4) When an improvement district is disincorporated, the rights granted under the licences appurtenant to the land within the territorial limits are again exercisable by the respective owners of the land. Power to expropriate water diversion licences and related works 749 (1) In addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, an improvement district whose objects include the operation of works for waterworks purposes may expropriate (a) a licence authorizing the diversion of water from a stream suitable for a water supply for the improvement district, and (b) any work constructed or used under authority of the licence and any real property required for the operation, maintenance and protection of the work. (2) If an improvement district exercises a power under subsection (1) that does not constitute an expropriation within the meaning of the Expropriation Act, compensation as determined by the Expropriation Compensation Board is payable for any loss or damages caused by the exercise of the power. General power to expropriate land and works 750 (1) An improvement district may expropriate land or works, or both, reasonably required to carry out its objects. (2) The interest of a person in works located on Crown land, including works on highways, may be expropriated if the Lieutenant Governor in Council has consented to the expropriation. Renewal of works 751 (1) An improvement district must make adequate provision in advance to renew works when they require renewal, and for that purpose must raise annually, by taxes or tolls, or both, the sums that the inspector directs. (2) Funds raised for the renewal of works must be kept separate from other funds of the improvement district and must not be disbursed without the prior written consent of the inspector. Appeal if improvement district refuses to provide services 752 (1) An improvement district has no obligation to convey or supply water or electricity or to provide any service to any person, land or premises. (2) Despite subsection (1), a person to whom any improvement district refuses to convey or supply water or electricity, or to provide any service, may appeal to the inspector, who may make any order in the matter that the inspector considers just and reasonable. Division 3 — Taxes and Cost Recovery Assessment roll 753 (1) The trustees of an improvement district may direct the assessor of the improvement district to prepare an assessment roll. (2) The trustees must determine the basis of assessment, which may be by parcel, group of parcels, area or value of land or improvements or personal property, or any combination of them. (3) Complete or partial exemption may be allowed for any of the bases of assessment or any kind or class of any of those bases. (4) If areas are made a basis of assessment, the land may be classified into grades by any method of classification determined by the trustees. Notice of assessment 754 (1) The assessor must assess every parcel of land or group of parcels in the name of the registered owner who appears entitled to possession of the land. (2) After preparing an assessment roll, the assessor must (a) mail every assessed owner an assessment notice showing the assessment of the owner's land and, if applicable, the assessment of the owner's improvements and personal property, and (b) send an assessment notice to every holder of a registered charge on land who requests this in writing. (3) The obligation to send an assessment notice under subsection (2) must be considered satisfied if the assessor made a reasonable effort to mail or otherwise deliver the notice. (4) The assessment notice must state the date of the first meeting of the court of revision under section 755, which must not be earlier than 2 weeks after the sending of the notice. Revision of assessments 755 (1) The trustees (a) must provide for the revision of an assessment roll by the court of revision and for the consideration of all complaints about assessment, and (b) must appoint 3 of themselves or other persons to constitute the court of revision. (2) Any person having an interest in assessed land may file with the court of revision a complaint about the assessment of the person's land or other assessed land. (3) The court of revision must consider the complaints filed and may ratify or amend an assessment. (4) On completion of the revision, the court of revision must confirm the assessment roll. (5) Within 2 weeks after notice of the determination of a complaint by the court of revision, a person may appeal to the inspector, who may, after the investigation the inspector believes proper, ratify or amend the assessment. (6) The assessment roll as confirmed by the court of revision and, if applicable, as amended by the inspector, is valid and binding on all persons concerned, despite an omission, defect or error in it or in any assessment notice or the failure to send an assessment notice. (7) An assessment roll referred to in subsection (6) remains in effect until a new roll has been prepared, revised and confirmed. Tax collection on behalf of improvement district 756 (1) This section applies to improvement districts whose objects include (a) fire protection, (b) street lighting, (c) financial aid to hospitals, (d) acquisition of property for hospitals, or (e) ambulance service. (2) If the improvement district is located wholly in one or more municipalities, the council of each municipality must levy and collect all taxes that may be levied on real property in the municipality by the improvement district for the objects referred to in subsection (1). (3) If the improvement district is located wholly or partly in a rural area, (a) with the consent of the Minister of Finance and Corporate Relations, the trustees of the improvement district may, on or before November 30 of each year, provide to the assessor of the assessment district in which all or the greater portion of the improvement district is located a statement showing the amount of money required by the improvement district for the objects referred to in subsection (1) for the following year, and (b) on receipt of a statement under paragraph (a), the assessor must promptly apportion to the municipalities and rural area in the improvement district, according to the basis of assessment established by the School Act, (i) the amount shown on the statement, and (ii) an amount estimated for the cost of assessment and collection, interest on money paid in advance of collection, and losses through failure to collect. (4) If the improvement district is located wholly in a rural area, (a) the assessor of the assessment district in which all or the greater portion of the improvement district is located must advise the collector of each collection district in which any part of the improvement district is located of the amount of money required to be levied by the collector and the applicable rates, and (b) the collector must levy the amount according to the basis of assessment established by the School Act. (5) If the improvement district includes a municipality and rural area, (a) the assessor of the assessment district in which all of or the greater portion of the rural area is located must advise the trustees of the improvement district, the council of the municipality and the collector of each collection district in which any part of the improvement district is located of the amount of money required to be levied and the applicable rates for each of the component areas of the improvement district, and (b) the council of the municipality and the collector must levy that amount in their respective jurisdictions according to the basis of assessment established by the School Act. (6) The amount to be raised within a municipality for improvement district purposes must be paid, on or before September 30 of the year in which the amount was levied, by the municipality to the improvement district, which must without delay pay the amount to the Minister of Finance and Corporate Relations. (7) If the Minister of Finance and Corporate Relations believes the amount of money required by the improvement district under this section is too large to be levied in one year, that minister may authorize that the amount be levied over a number of years and in the manner that minister considers appropriate. (8) The Minister of Finance and Corporate Relations may advance to the improvement district from the consolidated revenue fund amounts requisitioned by the improvement district in respect of the taxes before they are levied or collected. (9) Except as to the basis of assessment provided in subsections (3) to (8), (a) the Taxation (Rural Area) Act applies to the assessment, levy, collection and recovery of all taxes imposed under those subsections on land and improvements in rural areas and to the addition of interest, (b) those taxes, when assessed and levied, are deemed to be taxes imposed and assessed under the Taxation (Rural Area) Act, and (c) the proceeds of those taxes must be paid by the Minister of Finance and Corporate Relations to the improvement district, less an amount that that minister believes should be retained to cover (i) the cost of assessment and collection, (ii) interest on any money paid in advance of collection, (iii) losses through failure of collection, and (iv) the annual sum required in repayment of any advance that has been made by that minister. (10) Sections 754 and 755 do not apply to any taxes imposed, assessed or levied under this section. Levying of taxes by improvement district 757 (1) The trustees may, by bylaw, levy taxes to raise the funds considered necessary to meet the obligations of the improvement district and to carry out its objects. (2) Taxes under subsection (1) may be established on the basis of parcels, groups of parcels, values or areas, or any combination of them and different rates of tax may be established for different grades or classes of land and improvements. (3) A bylaw under subsection (1) may establish the minimum amount of taxes payable for a parcel or group of parcels and may provide for discounts or percentage additions to encourage prompt payment. (4) Unless otherwise provided, a tax is deemed to have been levied and is owing on and from January 1 of the year for which the tax is levied. (5) A person whose name appears on the assessment roll of an improvement district in any year as the owner of any land is liable to the improvement district for the taxes levied by the trustees for that year for that land. (6) If the trustees levy a tax on the basis of values as referred to in subsection (2), they must adopt a variable tax rate system as defined in section 332 (1). (7) Section 333 applies to a variable tax rate system under this section and, for these purposes, a reference to a municipality in section 333 (2) is to be read as a reference to an improvement district. (8) A tax bylaw or tax must not be questioned on the ground that the rate of the tax exceeds what is required for the purposes for which taxes may be levied. (9) Any action in which the validity of a tax bylaw is questioned must be commenced within one month after registration of the bylaw. Tax notices 758 (1) On registration of a tax bylaw, the trustees must have sent to every registered owner of assessed land a tax notice that (a) shows the amount of taxes owing by the assessed owner to the improvement district, and (b) provides sufficient information on assessment and the rates of tax to show how the taxes are computed. (2) The obligation to send a notice under subsection (1) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice. Lien for taxes and tolls 759 (1) Despite anything contained in any statute, every assessment made, every tax imposed or levied, accrued or to accrue on any land, and every toll or charge established under a bylaw of an improvement district forms a lien and charge on the land on which it has been imposed, levied, accrued or established. (2) A lien and charge referred to in subsection (1) has preference over any claim, lien, privileges or encumbrance of any person, except the Crown and municipal taxes previously accrued, and does not require registration to preserve it. (3) If it is necessary or advisable to protect or enforce a lien referred to in subsection (1) by action or proceeding, this may be done by order of any court of competent jurisdiction, on application and on the notice that the court directs. (4) A lien referred to in subsection (1) constitutes a lien and charge on the whole parcel of land affected, even though the tax, toll or charge forming the lien may have been imposed, levied, established or calculated on a part only, or on improvements of any kind or class. (5) If a parcel of land on which there are taxes owing to an improvement district is subdivided, the collector may apportion the taxes among the separate parts of the parcel and their owners as nearly as possible in conformity with the classification of the land comprising the parts at the time the taxes were levied. Interest on taxes 760 (1) The taxes payable to an improvement district bear interest at the rate prescribed by the Lieutenant Governor in Council under section 11 (3) of the Taxation (Rural Area) Act from March 1 next following the date on which they are levied, until paid or recovered. (2) The interest under subsection (1) (a) is from day to day deemed part of the taxes, and a reference to taxes is deemed to include all interest so added, and (b) is to the same extent as the taxes a lien and charge. Division 4 — Tax Sales Definitions 761 In this Division: "purchaser" includes the improvement district; "sale" includes the acquisition of land by the improvement district under this section. Tax sale for recovery of taxes 762 (1) In addition to all other remedies for the recovery of taxes, including percentage additions and interest, the improvement district (a) may hold a tax sale and there sell at public auction all the land on which there are taxes owing to the improvement district for 24 months or longer at the date of the sale, and (b) must hold such a tax sale at least once in each year. (2) The trustees must set the date, time and place of the tax sale. (3) The collector of the improvement district must (a) at least 60 days before the date set for the tax sale, give written notice in accordance with subsection (4) to each registered owner of a parcel proposed to be sold and to the holder of any registered charge on the parcel, either by serving the notice or by sending it by registered mail, and (b) retain a copy of each notice under paragraph (a). (4) The notice must include the following: (a) the time and place set for the tax sale; (b) a short description of the land for which the taxes are owing; (c) the amount of all taxes owing to the improvement district on the land and the amount of interest to the date of the tax sale; (d) the amounts chargeable as expenses connected with the tax sale, including any applicable fee under the Land Title Act for issuance and registration of a tax sale deed; (e) the upset price of the land for the purpose of the tax sale, being the total of the taxes, interest, expenses and fee; (f) a statement that, if the amounts of taxes, interest and expenses are not paid before the tax sale, the collector will offer the land for sale by public auction at the time and place stated in the notice; (g) a statement that the proposed tax sale of the land will be an absolute sale and that no right of redemption will remain in the owner or holder of the charge after the sale. (5) On application, the Supreme Court may order that the notice under subsection (3) may be served by substituted service in accordance with the order. (6) Notice, publication or advertisement of the tax sale, other than that required by subsection (3), is not necessary, but the trustees may direct the advertisement of a tax sale as they consider appropriate. (7) In order to cover the expenses connected with a tax sale, the trustees may, by bylaw, establish amounts to be charged under subsection (8). (8) The collector must charge against each parcel proposed to be sold at the tax sale the amount set under subsection (7). Conduct of tax sale 763 (1) The collector must conduct the tax sale in accordance with the following: (a) on the day and at the hour and place set for the tax sale, if the amounts of taxes, interest and expenses for land described in a tax sale notice have not been paid, the collector must offer that land separately for sale at the upset price stated in the notice, and may sell it to the highest bidder; (b) if there is a bid of the upset price, but no higher bid, the person bidding the upset price must be declared the purchaser; (c) the collector may adjourn the tax sale from day to day or for a period not exceeding 7 days at any one adjournment until all the land is disposed of. (2) If the purchaser of a parcel of land at a tax sale fails to pay immediately to the improvement district the amount of the purchase money, the collector must without delay offer the parcel for sale again. (3) A tax sale purchaser, at the time of paying to the collector the purchase price of the land sold to the purchaser, must sign, or have a person acting as agent sign, a copy of the tax sale notice relating to that land and stating the full name, occupation and post office address of the purchaser. (4) The signed copy of the tax sale notice under subsection (3) (a) must be preserved by the collector with all the other records connected with the tax sale, and (b) on the execution under this section of a deed of the land sold, is deemed to constitute the collector or the collector's successor in office as the duly authorized agent to apply (i) on behalf of the purchaser for registration of the purchaser's title to the land, or (ii) in case of the purchaser's death, on behalf of the purchaser's personal representative for registration of the representative's title to the land. Disposal of surplus from tax sale 764 (1) If a parcel of land offered for sale at the tax sale sells for more than the upset price, on written request the surplus must be paid without interest to the registered owner or the personal representative of the registered owner, unless a claim to the surplus is made by some other person on the ground that the land belonged to the other person or that the other person is otherwise entitled to the surplus. (2) If a claim referred to in subsection (1) is made, the surplus (a) must be paid, without leave or order, into the Supreme Court, accompanied by a copy of the tax sale notice and a statement of the collector setting out (i) the facts under which the payment into court is made, and (ii) the names of the registered owner and the claimant, and (b) is payable out of court to the person entitled on the order of the court to be made on application in a summary manner and subject to the giving of notice as the court directs. Improvement district as purchaser of tax sale land 765 A parcel of land offered for sale at the tax sale for which no bid equal to or greater than the upset price is received is deemed to be sold to the improvement district. Tax sale deed 766 (1) Promptly after a tax sale, the collector must (a) execute a deed of each parcel sold by the collector at the tax sale to the purchaser or, in case of the death of the purchaser, to the personal representative of the purchaser, and (b) forward the deed to the registrar of land titles, together with any applicable fee under the Land Title Act. (2) On receipt of a tax sale deed under subsection (1) and any applicable fee, the registrar of land titles must register indefeasible title to the land in the name of the purchaser or the personal representative, subject to Provincial taxes owing on the land. (3) The registration of the improvement district or any other person as the owner of land under a tax sale deed executed under this section (a) cancels registration of the indefeasible or absolute title of that land and any duplicate indefeasible title or absolute certificate of title outstanding for that land, and (b) disencumbers the land of all interest of every previous owner or of those claiming under a previous owner, and of all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every nature and kind, other than (i) the restrictive conditions, reservations and exceptions subject to which the land was held at the time of the tax sale, and (ii) existing liens of the Crown or of the municipality in which the land is located. (4) In a court proceeding, a deed purporting to be issued for a sale of land for unpaid taxes, and purporting to be executed under this Act, is evidence that (a) the deed is the tax sale deed that it purports to be, (b) the sale alleged in the deed was conducted in a fair and open manner, and (c) there were taxes due and in arrear on the land described in the deed at the time of the sale for which it could be sold. (5) After the end of one year after the date on which the application is made to register in the purchaser the title of land sold at a tax sale, an action must not be brought to recover the land or to set aside the sale of the land, against (a) the registrar, the improvement district, the trustees or the collector for the sale of the land or registration of an indefeasible title to it, or (b) except as provided in this section, against the improvement district, the trustees or the collector for any loss sustained because the land was sold. (6) A person who at the time of sale was the registered owner of the land sold, or the personal representative or assignee of that person, or a person who at the time of sale was the holder of a registered interest in or charge on the land, must be indemnified by the improvement district for loss sustained by the person because of the sale of the land if (a) the land was not liable to taxation by the improvement district during the period for which the taxes were levied on the land sold, (b) the taxes for which the land was sold had been paid, or (c) notice of the intention to sell or offer the land for sale was not given in substantial compliance with section 762 (3). (7) A proceeding to recover indemnity under subsection (6) must be commenced within one year after the date on which the application is made to register the title of the land in the purchaser. (8) Despite subsection (6), there is no right to indemnity under that subsection if it is shown that the person claiming indemnity (a) was aware at any time that the land was liable to be sold or offered for sale, or (b) was aware at the time of the tax sale that the land was advertised or offered for sale. Sale of Crown land held under a mortgage or agreement for sale 767 (1) Subject to this section, sections 762 to 766 apply to land in respect of which taxes are in arrear if (a) the fee simple of the land is in the Provincial or federal government, and (b) the land is held under a mortgage to or agreement for sale from the Provincial or federal government, a minister of the Provincial or federal government or a board or corporation holding or having charge of the administration of the land on behalf of the Provincial or federal government. (2) At a tax sale, the land must be sold subject to the interest of the Provincial or federal government and the collector must state at the time of sale that the interest of the Provincial or federal government is prior to all claims and is not affected by the sale. (3) The Provincial or federal government may accept the tax sale purchaser as mortgagor or purchaser of the land and may deal with that purchaser to the exclusion of the person whose interest was sold at the tax sale and of all persons claiming under that person. (4) If the Provincial or federal government accepts the tax sale purchaser as mortgagor or purchaser, that government must (a) notify the trustees of this, and (b) notify the registrar if the mortgage or agreement for sale is registered in the land title office. (5) If the Provincial or federal government does not accept the tax sale purchaser as mortgagor or purchaser or does not notify the trustees within 6 months after the date of sale that that government has accepted the purchaser, the purchaser is entitled to a refund from the improvement district of the amount the purchaser paid together with interest at the rate prescribed under subsection (6). (6) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (5). (7) If a refund is made under subsection (5), the collector must promptly replace on the tax roll, as taxes in arrear, the amount of the taxes, interest, costs and expenses, together with the interest paid to the purchaser under that subsection. Disposal of tax sale land by trustees 768 The trustees may lease, sell or otherwise dispose of land of which the improvement district has been registered as owner under section 766 in the manner and on the terms they see fit, and may apply the proceeds of sale for any purpose for which taxes that may be levied by the trustees under this Act may be applied. Division 5 — Borrowing and Securities Provision of sinking funds 769 If a bylaw of an improvement district provides for a sinking fund, the improvement district must pay the instalments of the sinking fund to the Minister of Finance and Corporate Relations, who must invest them in investments permitted for a trust fund under section 40 (4) of the Financial Administration Act. Provincial guarantee of improvement district securities 770 (1) The Lieutenant Governor in Council may, on terms and in the manner and form the Lieutenant Governor in Council determines, guarantee the payment of principal and interest of (a) notes, bonds, debentures or other securities authorized to be issued under this Act or the Water Act by an improvement district for any purpose of the improvement district, and (b) loans, temporary or otherwise, authorized to be raised under this Act or the Water Act by an improvement district for any purpose of the improvement district. (2) Without limiting subsection (1), the purposes of an improvement district include the following: (a) the acquisition, construction, reconstruction, replacement, improvement and extension of works for diverting, storing and conveying water for domestic use and irrigation of land; (b) the disposal of sewage; (c) the provision of fire protection; (d) the provision of street lighting; (e) the granting of financial aid toward the planning, constructing, reconstructing, purchasing, equipping or operating of a hospital, or the acquiring of land or buildings for those hospital purposes; (f) repayment of advances by the Provincial government to the improvement district; (g) repayment, refunding or renewal of all or part of a loan raised or securities issued by the improvement district; (h) payment of all or a part of any loan, liability or bonds, debentures or other securities, payment of which is guaranteed or assumed by the improvement district; (i) payment of any other liability or debt of the improvement district. (3) A guarantee given under subsection (1) must be signed by the Minister of Finance and Corporate Relations, or by another officer of the Ministry of Finance and Corporate Relations designated by the Lieutenant Governor in Council. (4) On the guarantee being signed in accordance with subsection (3), the Provincial government is liable to pay the principal and interest of the notes, bonds, debentures, securities and loans guaranteed, according to their tenor. (5) In the hands of any holder of the notes, bonds, debentures or securities, a guarantee signed in accordance with subsection (3) is conclusive evidence that that subsection has been complied with. (6) The Lieutenant Governor in Council may make arrangements to supply the money necessary to fulfil the requirements of a guarantee under this section and may advance the amount necessary out of the consolidated revenue fund. Form of securities 771 The notes, bonds, debentures and other securities authorized and issued by an improvement district must bear the seal of the improvement district and, together with any coupons attached to them, must bear the manual, engraved, lithographed or printed signatures of the chair and secretary of the trustees of the improvement district, or of the other persons the trustees may by bylaw determine. Registration of securities 772 (1) An improvement district that issues or has issued bonds or debentures must keep or cause to be kept at the office of the improvement district or in the office of the registrar of the Ministry of Finance and Corporate Relations a registry book in which (a) the owners of any of its bonds or debentures may register them as to principal only, and (b) transfers of bonds or debentures so registered may be registered. (2) Bonds or debentures of an improvement district pass by delivery unless registered as to principal in the name of the owner in the registry book, in which case the fact of registration must be noted on the bonds or debentures so registered. (3) After registration, a transfer of a bond or debenture is not valid unless it is (a) made by instrument in writing signed by the registered owner or by the authorized attorney of the registered owner, and (b) registered in the registry book. (4) Registration of an instrument under subsection (3) must be noted on the bond or debenture. (5) The registration of a bond or debenture under this section may be discharged and the transferability of the bond or debenture by delivery restored by registration of a further transfer to the bearer of the bond or debenture, that is similarly registered and noted on the bond or debenture as referred to in subsections (3) and (4). (6) After the registration of a bond or debenture has been discharged, its registration may again in like manner be effected or discharged. (7) Despite registration of a bond or debenture, the interest coupons continue to be payable to bearer and to be transferable by delivery. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------

Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada This is not the official version. Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT — Continued [RSBC 1996] CHAPTER 323 Part 24 — Regional Districts Division 1 — Interpretation Definitions 773 In this Part and in any regulation or bylaw passed under it: "chair" means the chair of a board who is elected under section 792; "electoral area director" means a director for an electoral area who is elected or appointed under section 785 from an electoral area; "electoral participating area" means an area that is in a service area and that is all or part of an electoral area; "extended service" means a service provided under (a) section 799, or (b) a regulation under section 800 that specifies the service is an extended service; "general service" means a service provided under section 797; "local service" means a service provided under (a) section 798, or (b) a regulation under section 800 that specifies the service is a local service; "municipal director" means a director for a municipality who is appointed under section 784; "municipal participating area" means an area that is in a service area and that is all or part of a municipality; "municipality" means, in relation to a regional district, a municipality in the regional district and, in the case of the Greater Vancouver Regional District, includes the City of Vancouver; "net taxable value of land and improvements" means net taxable value of land and improvements for regional hospital district purposes; "participant" means, (a) in relation to a municipal participating area, the council of the municipality, and (b) in relation to an electoral participating area, the director of the electoral area; "participating area" means a municipal participating area or an electoral participating area, as applicable; "service" means an extended service, a local service or a general service, as applicable; "service area" means the area in which a service is provided; "vice chair" means the vice chair of a board who is elected under section 792. Application of other provisions 774 In the application of the other provisions of this Act to this Part, references are to be read as follows: ReferenceTo be read as municipalityregional district councilboard mayorchair councillordirector municipal officerregional district officer

Division 2 — Corporate Structure Continuation of regional districts 775 (1) Every regional district incorporated before this Part came into force on July 1, 1989 is continued as a corporation and is vested with the powers conferred on it by this Act. (2) All bylaws validly adopted by a board before this Part came into force continue in force. (3) Subject to subsection (8), if at the time this Part came into force a regional district had the power to provide a service, including a power to provide a service not specifically authorized by this Part, the power may be exercised in accordance with this Part as if it were exercised under the authority of an establishing bylaw for the service, subject to all the terms and conditions contained in letters patent or in bylaws respecting the exercise of the power, which terms and conditions are to be treated as if they were contained in an establishing bylaw for the service. (4) If a board exercises a power to provide a service under subsection (3), it may (a) adopt a bylaw in accordance with subsection (5) which, by subsection (6), converts the service to one exercised under the authority of a bylaw establishing the service, and (b) by the same bylaw, amend the power to the extent that it could if the power were in fact exercised under the authority of a bylaw establishing the service. (5) A bylaw under subsection (4) must (a) meet the requirements of section 806 for a bylaw establishing a service, and (b) be adopted in accordance with section 813 as if it were a bylaw amending a bylaw establishing a service. (6) Because a bylaw under subsection (4) does not in fact establish the service, a bylaw under that subsection is, for the purposes of this Part, deemed to be a bylaw establishing the service in respect of which it is adopted. (7) If a regional district (a) exercises a power to provide a service referred to in subsection (3) that was granted by letters patent giving the regional district authority to borrow up to a specified amount of money in respect of that service, and (b) intends to exercise that authority to borrow, the board must adopt a loan authorization bylaw under section 831, except that section 807 (1) (b) does not apply. (8) A regional district ceases to have the authority to borrow referred to in subsection (7) (a) at the time the board adopts an establishing bylaw under subsection (4) for the service in respect of which the authority was granted, unless the board (a) has adopted a loan authorization bylaw under subsection (7) before it adopts that establishing bylaw, or (b) adopts a loan authorization bylaw as required by subsection (7) at the same meeting at which it adopts that establishing bylaw. Incorporation of regional districts 776 On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, incorporate the residents of an area into a regional district for the purpose of exercising powers conferred on the regional district under this Act or under any other enactment. Letters patent of regional districts 777 (1) Letters patent incorporating a regional district must specify the following: (a) the name and boundaries of the regional district; (b) the municipalities and electoral areas that comprise the regional district; (c) the boundaries of each electoral area in the regional district; (d) the voting unit for the regional district, by specifying the number of persons used to calculate the number of votes referred to in section 783 (2); (e) the last date for appointment of municipal directors to the first board; (f) the time and manner of the first election of electoral area directors; (g) the chief election officer and the voting places for the first election under paragraph (f); (h) the date, time and place of the board's first meeting; (i) the sums that may be borrowed to meet the current lawful expenditures of the regional district in the year of incorporation and, if considered necessary, for the next year; (j) the dates that may be observed initially, and once only, in place of statutory dates; (k) the powers, obligations and duties, if any, of a municipality that are transferred to the exclusive jurisdiction of the regional district; (l) any other provisions and conditions the Lieutenant Governor in Council considers necessary or advisable. (2) No part of an electoral area may be in a municipality. (3) On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, do one or more of the following: (a) specify the divisor used to calculate the number of directors referred to in section 783 (5); (b) change the name of a regional district; (c) amend the voting unit referred to in subsection (1) (c); (d) redefine the boundaries of an electoral area, establish a further electoral area or eliminate an existing electoral area; (e) make provisions that the Lieutenant Governor in Council considers necessary or advisable for the transition referred to in paragraph (d). (4) Without restricting subsection (3) (d), letters patent under that subsection may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient. Sections Repealed 778 to 779.3 [Repealed 1998-34-152.] Amalgamation and division of regional districts and alteration of boundaries 780 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, or by the repeal of existing letters patent and the issue of new letters patent, as necessary, (a) amalgamate 2 or more regional districts, (b) alter the boundaries of 2 or more adjoining regional districts by reducing the area of one and increasing the area of another by theinclusion of the area withdrawn into the district that is increased, or (c) divide a regional district into 2 or more regional districts. (2) Before making a recommendation under subsection (1), the minister must (a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and (b) notify all regional districts that will be affected by the proposed recommendation. (3) The Lieutenant Governor in Council must not issue letters patent under subsection (1) for 6 months after notice has been given under subsection (2) (b). (4) In a recommendation under subsection (1), the minister must specify a proposed allocation or division of the assets and liabilities of the districts affected. (5) Letters patent under subsection (1) may include provisions that the Lieutenant Governor in Council considers necessary or advisable for the transition. (6) Without limiting subsection (5), letters patent under subsection (1) may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient. (7) Subject to the letters patent, the bylaws and resolutions of boards that had jurisdiction before the amalgamation, alteration or division remain in force until they are amended or repealed by the board having jurisdiction following the amalgamation, alteration or division. (8) On the issue of letters patent under this section, sections 31 and 32 apply. Dissolution of improvement districts and local areas 781 (1) If an improvement district is dissolved under section 735 or a local area under the Local Services Act ceases to exist, and the land comprising the improvement district or local area is in a regional district, the Lieutenant Governor in Council may, by order, do one or more of the following: (a) provide that all or part of the land be a service area under this Part; (b) allocate and assign or transfer to the regional district any asset or liability, whether real or contingent, of the improvement district or local area under the terms and conditions the Lieutenant Governor in Council considers necessary or advisable and in a manner that the Lieutenant Governor in Council considers just and expedient; (c) specify that the bylaws of the improvement district or any enactment relating to the local area continue in force in the part of the improvement district or local area that is in the regional district until they are amended or repealed by the board; (d) specify a period within which a bylaw must be adopted under subsection (2). (2) If provision is made for a service area under subsection (1), the board must adopt a bylaw under Division 4 of this Part for the establishment and operation of the local service or extended service to the appropriate land. (3) In relation to subsection (2), (a) the minister must determine whether the service is local or extended, and (b) section 813 applies as if the bylaw under that subsection were an amendment to a bylaw that establishes a service under this Part. (4) A bylaw under subsection (2) must be adopted within the period specified in the order of the Lieutenant Governor in Council under subsection (1) or, if no period is specified, within a reasonable period after that order comes into effect. (5) If no period is specified in the order under subsection (1), the Lieutenant Governor in Council may, in a later order, specify a period and, if this is done, a bylaw under subsection (2) must be adopted within the period specified. Creation or restructure of municipalities 782 (1) If letters patent incorporate an area in the regional district as a new municipality, the new municipality becomes a member of the regional district on the date of incorporation, with representation determined in accordance with section 783. (2) If letters patent incorporate a new municipality or extend the boundaries of an existing municipality, and all or part of a service area is in the new municipality or the extension of the existing municipality, the Lieutenant Governor in Council may, by the issue of letters patent for the regional district, (a) transfer from the regional district to the municipality the jurisdiction for the service in respect of all or a specified part of the service area, and (b) make provisions that the Lieutenant Governor in Council considers necessary or advisable for the transfer. (3) Without limiting subsection (2) (b), the letters patent may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient. (4) If jurisdiction for a service is transferred to the municipality by letters patent under subsection (2), the effective date of the transfer is the date of the letters patent unless an order under subsection (4.1) applies. (4.1) The minister may, by order, specify a later date on which the transfer is effective and, despite section 803 if such an order is made the jurisdiction of the regional district governing the service continues in force during the time until that later date. (5) If letters patent incorporate a new municipality and only a part of a service area is in the new municipality, the service is continued under the jurisdiction of the regional district unless it is transferred under subsection (2) (a). (6) If letters patent are issued extending or reducing the boundaries of a municipality, the voting power of the municipality under section 783 must be adjusted effective January 1 in the year following the date of issue. (7) Subsection (8) applies if, as a consequence of the incorporation of a new municipality or the alteration of boundaries of an existing municipality, the council and the board are unable to resolve a difference that may arise between them on (a) the question of administration of matters in their respective jurisdictions, (b) the allocation of resources or costs, or (c) any other matter that, in the opinion of the minister, requires solution. (8) In the circumstances referred to in subsection (7), after considering the representations of the parties, the minister may make an order, not inconsistent with this Act or letters patent of the municipality or regional district, directing the council and the board, or either, to act in amanner consistent with the terms of settlement set out in the order. (9) The council and the board must comply with the terms of an order under subsection (8) according to its intent. Division 3 — Government and Procedure Composition and voting rights 783 (1) A board consists of municipal directors and electoral area directors. (2) The number of votes to which each municipality and each electoral area is entitled is (a) the number obtained by dividing the population of the municipality or electoral area by the voting unit specified in the letters patent, or (b) if the quotient under paragraph (a) is not an integer, the next greater integer to that quotient. (3) For the purposes of subsection (2), the population of a municipality or electoral area is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known. (4) A change in the population of a municipality or an electoral area established by census, for purposes of the voting power on that board, takes effect in the year following the year in which that census was taken. (5) The number of directors to which each municipality is entitled is (a) the number obtained by dividing the number of votes to which that municipality is entitled under subsection (2) by 5 or, if otherwise specified in letters patent for the regional district, by the other number specified, or (b) if the quotient under paragraph (a) is not an integer, the next greater integer to that quotient. (6) The votes of a municipality referred to in subsection (2) are to be equally distributed by the council among the directors from that municipality. (7) If equal distribution is not possible under subsection (6), (a) the council must assign the municipality's votes to each director as evenly as possible, but in no case may the difference between the maximum and minimum number of votes assigned be greater than one, and (b) the municipal officer assigned responsibility under section 198 [corporate administration] must notify the equivalent regional district officer of the assignment made under paragraph (a). Appointment and term of office of municipal directors 784 (1) After the first appointment under section 777 (1) (e), each municipal director is to be appointed by the council from among the members of that council before January 1 of each year. (2) The term of office of a municipal director (a) begins when the person takes office in accordance with section 210 (3) [oath of office], and (b) ends immediately before the first Monday following the next December 1 or when the person's successor takes office, whichever is later. (3) The following sections apply to municipal directors: section 210 [oath of office for council members]; section 211 [disqualification for failure to take oath]; section 212 [resignation from office]; section 213 [application to court for disqualification]; section 214 [resolution declaring disqualification]. Election and term of office of electoral area directors 785 (1) After the first election under section 777 (1) (f), elections for electoral area directors are to be conducted in accordance with Part 3. (2) The sections referred to in section 784 (3) apply to electoral area directors. (3) The term of office of an electoral area director elected at the time of the 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 210 (3) [oath of office], 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 director's successor takes office, whichever is later. Alternate municipal directors 786 (1) The council of a municipality may appoint a council member as an alternate director. (2) On behalf of an absent municipal director, the alternate director appointed under subsection (1) may take the place of, vote and generally act in all matters for the absent municipal director, including in relation to a matter delegated to that director by the board. (3) If the council appoints an alternate director, the municipal officer assigned responsibility under section 198 [corporateadministration] must notify the equivalent regional district officer of the appointment in writing. (4) An alternate director holds office as alternate director until another council member is appointed as a replacement and the regional district officer assigned responsibility under section 198 [corporate administration] has been notified of the new appointment. (5) If the seat of a municipal director becomes vacant through resignation, disqualification or death, the alternate director appointed under subsection (1) becomes the municipal director in place of the director whose seat became vacant until a new director is appointed. Alternate electoral area directors 787 (1) An electoral area director must appoint, as an alternate director, a person who has the qualifications necessary to be nominated as a director for that electoral area. (2) On behalf of an absent electoral area director, the alternate director appointed under subsection (1) may take the place of, vote and generally act in all matters for the absent electoral area director, including in relation to a matter delegated to that director by the board. (3) An appointment under subsection (1) takes effect when (a) the appointment has been approved in writing by 2 electors who reside in the electoral area that the director represents, and (b) the director notifies the regional district officer assigned responsibility under section 198 [corporate administration] in writing of the appointment of the alternate. (4) If the office of an electoral area director becomes vacant through resignation, disqualification or death, (a) the alternate director holds the office until that person's successor takes office following the next election for the office, or (b) if the alternate director is unable or unwilling to hold office as director, the board must appoint another person who has the qualifications to be nominated as a director for the electoral area and that person holds the office as provided in paragraph (a). (5) The electoral area director who appointed an alternate director may appoint, as a replacement for the alternate director, another person who has the qualifications necessary to be nominated as a director for that electoral area. (6) An alternate director holds office as alternate director until a replacement is appointed under subsection (5) or until the next general local election, whichever is earlier. Remuneration and expenses of directors and committee members 788 (1) For the purposes of remuneration, expenses and benefits under this Part, "director" includes an alternate director, a chair and a vice chair. (2) A board may, by bylaw, provide for one or more of the following payments: (a) remuneration to directors 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 (c) or (d); (b) remuneration to members of committees of the board for each regularly constituted committee meeting attended; (c) all or part of the expenditures made or expenses incurred by a director or committee member when the director or committee member is (i) representing the regional district, (ii) engaging in regional district business, (iii) attending a meeting, course or convention, or (iv) attending a meeting of the board or of any committee of which that person is a member; (d) an allowance, daily or otherwise, for specified expenses incurred by a director when performing activities referred to in paragraph (c) (i) to (iv), if those expenses are not covered under that paragraph. (3) A bylaw under subsection (2) (c) or (d) must specify (a) the types of expenses and expenditures that may qualify for payment, and (b) the levels at which payment may be made. (4) A bylaw under subsection (2) may do one or more of the following: (a) provide different remuneration for different directors and different classes of directors; (b) limit the number of committee meetings for which remuneration may be paid to a committee member; (c) limit the types of activities that may qualify for payment under subsection (2) (c) or (d); (d) set different levels for different types of expenses and expenditures. Director benefits 789 (1) Without limiting section 788, a board may enter into agreements for benefits, including medical and dental services and insurance policies, for all or some of its directors and their dependants. (2) A board may provide all or part of a premium required by an agreement under subsection (1) for accident insurance coverage for directors while on regional district business. (3) Other than a premium referred to in subsection (2), a board must not provide all or part of the premium required by an agreement under subsection (1). Reporting of remuneration and expenses 790 (1) At least once a year, a board must have prepared a report separately listing the following for each director and committee member by name: (a) the total amount of remuneration paid to the person under section 788 (2) (a), including any amount specified as an expense allowance; (b) the total amount of remuneration under section 788 (2) (b) paid to the person as a committee member; (c) the total amount of expense payments for the person made under section 788 (2) (c) and (d). (2) The report under subsection (1) must be considered by the board at least once a year at a board meeting that is open to the public and a copy of the report must be available for public inspection at the regional district offices during their regular office hours from the date of its consideration by the board until one year after that date. (3) On payment of the applicable fee set under subsection (4), a person may obtain from the regional district copies or excerpts, as requested, of a report under subsection (1). (4) A board may, by bylaw, set fees for the purposes of subsection (3). Voting on resolutions and bylaws 791 (1) All resolutions and every reading and the adoption, amendment or repeal of all bylaws must, except as otherwise provided, be decided by (a) a majority of the votes cast, and (b) voting in accordance with subsections (2) to (16). (2) Except as otherwise provided, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, each director who is present (a) is entitled to vote, and (b) has one vote. (3) Without limiting subsection (2), voting on the following matters must be in accordance with that subsection: (a) establishing bylaws for services; (b) regulatory bylaws; (c) resolutions and bylaws on the general conduct of the board's business, including bylaws under sections 793 and 794; (d) resolutions dispensing with the consent of an electoral area director under sections 811 (3), 813 (7) and 831 (6); (e) resolutions and bylaws under Part 25, except as provided in subsection (16); (f) resolutions and bylaws under Part 26 that are not regulatory bylaws referred to in paragraph (b). (4) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a local or extended service, each director who is present and who represents a participating area for the service (a) is entitled to vote, and (b) has the number of votes assigned to that director under section 783 (2). (5) Without limiting subsection (4), voting on the following matters must be in accordance with that subsection: (a) bylaws imposing fees or other charges; (b) bylaws under section 825 (4) providing for the preparation of a frontage tax assessment roll. (6) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws referred to in subsection (7), each director who is present (a) is entitled to vote, and (b) has the number of votes assigned to that director under section 783 (2). (7) Voting on the following matters must be in accordance with subsection (6): (a) resolutions or bylaws adopting provisional budgets and bylaws adopting annual budgets; (b) bylaws respecting borrowing under section 829, 830, 831, 831.1 or 833; (c) bylaws authorizing the acquisition, expropriation or disposal of real property; (d) resolutions and bylaws authorizing liabilities under section 828; (e) resolutions and bylaws authorizing persons to enter into contracts on behalf of the regional district. (8) On any question where the number of votes, including the vote of the person presiding, are equal, the question is defeated. (9) A director who votes must cast all available votes for the same objective. (10) Section 230 (1) and (2) [voting at council meetings] and section 231 (1) to (8) [council member declaration if not entitled to vote] apply to all meetings of the board. (11) If, except for this subsection, only one director would be entitled to vote, each director who is present (a) is entitled to vote, and (b) has one vote. (12) If a municipality has given notice under section 820 (8) that it will no longer share the costs of management of development under Part 26, the director for that municipality (a) is not entitled to vote on any resolution or bylaw under Part 26 except as provided in subsection (13), and (b) is not entitled to vote on the bylaw authorizing the regional district to enter into an agreement under section 820 (9) that the municipality will share in some of those costs. (13) If a regional district and a municipality enter into an agreement under section 820 (9), the director for that municipality is entitled to vote in respect of management of development under Part 26 only on those resolutions and bylaws relating to matters for which the municipality shares in the costs under the agreement. (14) Subsections (2) to (7) do not apply to the Greater Vancouver Regional District. (15) For the Greater Vancouver Regional District, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, except as otherwise provided, each director who is present and, if the resolution or bylaw is in respect of a service, who represents a participating area for that service, (a) is entitled to vote, and (b) has the number of votes assigned to that person under section 783 (2). (16) Except as provided in subsection (17), if a resolution or bylaw under Part 25 is in relation to a regional growth strategy for an area that is less than the entire regional district, the directors who may vote are only those who represent a municipality or electoral area all or part of which is subject to the regional growth strategy. (17) The voting rule in subsection (16) does not apply to votes on (a) initiation of the regional growth strategy, (b) boundary changes for the area to which the regional growth strategy is to apply, (c) implementation agreements under section 868, or (d) acceptance of a regional growth strategy for an adjoining regional district. Chair and vice chair of board 792 (1) At the first meeting held after December 1 in each year, the board must elect a chair and a vice chair. (2) The vice chair has, during the absence, illness or other disability of the chair, all the powers of the chair and is subject to all rules applicable to the chair. (3) If the chair and the vice chair are not present at a meeting of the board, the directors present may elect an acting chair who, during that meeting, has all the powers of the chair and is subject to all rules applicable to the chair. (4) For the purposes of elections under this section, each director present at the meeting has one vote in each election for an office. (5) The chair has the same powers and duties in relation to a regional district as the mayor of a municipality has in relation to a municipality under the following sections: section 218 [powers and duties of mayor]; section 219 [mayor may return bylaw for reconsideration]; section 239 (1) [establishment of standing committees]. (6) In exercising the power established by section 219, the chair may return the bylaw, resolution or proceeding of the board for reconsideration at the meeting of the board following the adoption of the bylaw or resolution or the proceeding of the board, as applicable. Calling and conduct of meetings 793 (1) A board may designate a time and place at which regular meetings of the board may be held. (2) No notice of a regular meeting is required. (3) On the request of the chair or of any 2 directors, the regional district officer assigned responsibility under section 198 [corporate administration] must call a special meeting by notice that (a) states the general purpose and the day, hour and place of the meeting, and (b) is mailed at least 5 days before the date of the meeting to each director at the address given by the director to that regional district officer for that purpose. (4) The notice of any special meeting referred to in subsection (3) may be waived by a unanimous vote. (5) In the case of an emergency, notice of a special meeting (a) may be given, with the consent of the chair and 2 directors, less than 5 days before the date of the meeting, and (b) need not be given in writing. (6) A meeting of the board may take place outside the boundaries of the regional district if the board passes a resolution to that effect. (7) The following sections apply to meetings of the board: section 225 [attendance of public at meeting]; section 226 [expulsion from meeting for improper conduct]; section 227 (1) [mayor to preside]; section 228 [points of order]; section 229 [appeal from decision of mayor]; section 236 [minutes of council proceedings]. (8) The minister may, by regulation applying to one or more regional districts, make provision for obtaining and counting votes of the directors on urgent issues and for passing resolutions and adopting bylaws on those issues without the necessity of holding a regular or special meeting. (9) Regulations under subsection (8) may establish rules respecting (a) mechanisms for submitting urgent issues to the directors, (b) the manner in which votes will be submitted by them, and (c) the counting of votes and subsequent ratification by the board of the resolutions and bylaws. Procedure, bylaws and enforcement 794 (1) A board must, by bylaw, provide for the procedure that is to be followed for the conduct of its business, including the manner by which resolutions may be passed and bylaws adopted. (2) A procedural bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the regional district officer assigned responsibility under section 198 [corporate administration] for that purpose, at least 5 days before the meeting at which the amendment is to be introduced. (3) Subject to subsection (4), a board must not adopt a bylaw on the same day it has given the bylaw third reading. (4) A bylaw that does not require approval, consent or assent under this or any other Act before it is adopted may be adopted at the same meeting at which it passes third reading if the motion for adoption receives at least 2/3 of the votes cast. (5) The following apply for the purposes of this Part: section 232 (1) and (2) [exercise of powers by bylaw or resolution]; section 237 [minutes of committees]; section 240 [witnesses at council or committee meetings]; section 257 (1), (3) and (5) [requirements for passing bylaws]; section 259 [when a bylaw comes into force]; section 259.1 [exercise of powers though municipal code]; section 259.2 [evidence of bylaw]; section 259.3 [bylaws must be available for public inspection]; Division 2 of Part 6 [Challenge of Bylaws]; Division 3 of Part 6 [Enforcement of Bylaws], except section 270 [application of taxes and fines]; Division 5 of Part 6 [Consolidation and Revision of Bylaws]. Committees, delegation of powers and inquiries 795 (1) The chair may appoint standing committees and, for that purpose, may appoint persons who are not directors, but each committee must have at least one member who is a director. (2) and (3) [Repealed 1998-34-163.] (4) A board may appoint a select committee of directors to consider or inquire into any matter and report its findings and opinion to the board. Division 4 — Powers and Services General powers 796 (1) Subject to this Act, a regional district has the following rights for the purposes of exercising or performing its powers, duties and functions: (a) to make rules for the provision, operation and administration of a service, and for the management of property under its control with the right to set conditions respecting access to and use of that property; (b) to expropriate real property or works, or an interest in them, in accordance with the Expropriation Act; (c) when operating a service under section 798 (1) (a), (b), (c) or (d) [sewer, water or waste services] or under a regulation under section 800 [additional local or extended services], to authorize its agents or employees to enter on, break up, take or enter into possession of and use real and personal property without the consent of the owners of the property; (d) to exercise the same powers, subject to the same conditions, that are conferred on a council by section 311 [entry on land to mitigate damage]; (e) if an emergency arises with respect to a local or extended service being provided in its jurisdiction, to adopt a bylaw by at least 2/3 of the votes cast declaring that the emergency exists and, after adoption of the bylaw, to exercise the necessary powers to deal with it; (f) to exercise a power conferred by subsection (2); (g) to do anything incidental or conducive to the exercise of any power given to it under or by virtue of this Act. (2) Without limiting the powers given by this Act, the minister may, by order, confer on a regional district further powers for the management and disposal of its assets as the minister considers necessary or advisable. (3) If a regional district exercises a power under subsection (1) (b), (c) or (d), the following sections apply: section 309 (2) [compensation for expropriation]; section 312 [compensation for non-expropriation actions]; section 313 [funding for expropriation and mitigation]. General services 797 (1) A regional district may establish and operate the following general services: (a) general administration other than that referred to in paragraph (b), including without limiting this the remuneration and reimbursement of expenses for directors and alternate directors and matters involving the feasibility study fund under section 827; (b) electoral area administration, consisting of the costs of electing directors, membership of electoral area directors in organizations and attendance of the electoral area directors at conventions, conferences and seminars; (c) services relating to the management of development under Part 26; (c.1) if the regional district board is authorized to appoint an approving officer under section 77.1 of the Land Title Act, services related to the approving officer; (d) regional district planning services consisting of (i) the development, adoption, implementation, monitoring and review of a regional growth strategy under Part 25, and (ii) coordination, research and analytical services relating to the development of the regional district; (e) the administration of local community commissions established under section 838; (f) providing assistance under section 176 (1) (c) [corporate powers -- assistance], other than assistance under a partnering agreement referred to in section 183 [assistance under partnering agreements]; (g) social planning services, including research, analysis and coordination relating to social needs, social well-being and social development in the regional district; (h) the giving of grants to an applicant for a business promotion scheme under section 253 [mountain resort business improvement areas]. (2) Section 831 does not apply to a service under subsection (1) (h). Local services 798 (1) A regional district may, by bylaw, establish and operate one or more of the following local services: (a) the collection, conveyance, treatment and disposal of sewage; (b) the supply, treatment, conveyance, storage and distribution of water; (c) the collection, removal and disposal of waste and noxious, offensive or unwholesome substances; (d) the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters; (e) community parks; (f) services for pleasure, recreation and other community use, including art galleries, museums, historic sites, arenas, theatres, sports complexes and other public buildings or facilities for exhibition; (g) fire prevention and suppression and the provision of assistance in response to other classes of circumstances specified by bylaw that may cause harm to persons or property; (h) street lighting systems; (i) systems for television rebroadcasting or closed circuit television; (j) transit, including transit for persons with special needs; (k) cemeteries under the Cemetery and Funeral Services Act; (k.1) ports; (l) airports; (m) contribution to the costs of a service referred to in paragraphs (a) to (l) that is provided in the service area by another person or association; (n) the provision of capital financing for services provided by a telephone, natural gas or electric power utility; (o) contributions to the cost of library service that is provided in the service area by a municipal library or a public library association; (p) participation in a regional library district under Part 3 of the Library Act. (2) A board may, by bylaw, (a) require owners of real property in a service area to connect their buildings and structures to appropriate sewer connections, and (b) provide that, if an owner fails to make the necessary connection within the time specified in the bylaw, the regional district will do the work necessary to make the connection and recover the costs incurred from the owner as a debt. (3) Section 824 (5) and 825 (7) apply as appropriate to the debt constituted under subsection (2). (4) A board may, by bylaw, require persons in a service area to utilize a service established under subsection (1) (c). (5) If a board adopts a bylaw under subsection (1) (d), the board has and must exercise its authority in accordance with the Waste Management Act and regulations under that Act. (6) If a board establishes services under subsection (1) (c) and (d) in the same service area, the services are deemed to be a single service for the purposes of this Part. (7) If a board adopts a bylaw under subsection (1) (e), (f), (o) or (p), section 610 (1) (b) [joint boards and committees for community use property] and section 611 (1) [joint management agreements] apply. (8) If a board adopts a bylaw under subsection (1) (e), section 612 in relation to public parks and pleasure grounds and sections 613, 614, 615, 618 and 619 apply. (9) If a board adopts a bylaw under subsection (1) (f), sections 616, 618 and 619 apply. (10) If a bylaw under subsection (1) (g) is in effect, the board may exercise the same powers with the same limitations as a municipality under section 518. (11) Without limiting section 176 [corporate powers], if a board enters into a mutual aid agreement respecting the use of fire fighting and assistance response equipment and personnel in fire suppression and assistance response, that use may be undertaken inside or outside the service area. (12) If a board adopts a bylaw under subsection (1) (k), the board may exercise the same powers with the same limitations as a municipalcouncil under the Cemetery and Funeral Services Act. (12.1) If a board adopts a bylaw under subsection (1) (k.1), section 550 [wharves] and section 717 [fees and charges in relation to airports, harbours, parking and other facilities] apply. (13) If a board adopts a bylaw under subsection (1) (l), section 717 applies. (14) If a board adopts a bylaw under subsection (1) (p), section 806 (2) does not apply. Extended services 799 (1) A regional district may, by bylaw, establish and operate one or more of the following extended services: (a) animal control; (b) control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances; (c) regulation of fire alarm systems and other security alarm systems; (d) control of the deposit and removal of soil, rock, gravel, sand and other substances of which land is composed and control of the deposit of other materials; (e) building inspection; (f) the numbering of buildings; (g) programs in preparation for emergencies; (h) one or more emergency telephone systems; (i) the promotion of economic development; (j) services relating to heritage conservation; (k) subject to the Park (Regional) Act, regional parks; (l) contributions to the costs of a service referred to in paragraphs (a) to (k) that is provided within the service area by another person or association. (2) The following provisions of this Act apply to the regulation and enforcement by a regional district of services established under subsection (1): (a) in relation to animal control, sections 703 (1) (a), 704 (e), 705, 706 and 707 (1); (b) in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances, section 724 (1) (a) and (b) and (2), 725 (1) (a) to (h) and (2) and 728 (1) (e); (c) in relation to the regulation of fire alarm systems and security alarm systems, section 726; (d) in relation to the control of the deposit and removal of soil, rock, gravel, sand and other substances of which land is composed and control of the deposit of other materials, section 723; (e) in relation to building inspection, sections 692 to 699; (f) in relation to the numbering of buildings, section 542 (1) (h). (3) If a board adopts a bylaw under subsection (1) (j), Part 27 [Heritage Conservation] applies and the following sections in relation to heritage property apply: section 256 [general heritage conservation authority]; section 302 [power to reserve land for public purpose]; section 303 [power to dedicate land for public purpose]; section 304 [power to cancel the dedication of a highway]; section 314 [power to accept property on trust]; section 612 [grants of parks and heritage property]. (4) If a board adopts a bylaw under subsection (1) (k), sections 612, 615, 618 and 619 apply. Additional local or extended services 800 (1) The Lieutenant Governor in Council may, by regulation, grant additional powers to a regional district to establish and operate services by bylaw. (2) Without limiting subsection (1), the Lieutenant Governor in Council may, by regulation, grant to a regional district the same powers that a municipality has under this Act and the following Acts: (a) Emergency Program Act; (b) Health Act; (c) Library Act; (d) section 124 of the Motor Vehicle Act. (3) A regulation granting a power under subsection (1) or (2) must specify whether the service is a local service or extended service and may, in connection with its implementation, (a) prescribe terms and conditions for its operation, (b) confer regulatory powers on the regional district, (c) confer the authority referred to in section 796 (1) (c), and (d) specify the area of the regional district with respect to which the power may be exercised. (4) Despite anything in the Acts listed in subsection (2), a regulation under this section may make special provisions that the Lieutenant Governor in Council considers necessary or advisable with respect to the following matters only: (a) voting procedures on a bylaw that pertains to the exercise of the powers; (b) expenditures, apportionment and cost recovery. (5) The Lieutenant Governor in Council may, by regulation, amend subsection (2) by adding to the list of Acts in that subsection. (6) As a matter of transition, if a power granted under this section is a power to provide a service described in section 798 (1) (d), (j), (k), (l) or (n) or in section 799 (1) (h), (i) or (j), for the purposes of amending the establishing bylaw for the service, the service is deemed to be a local or extended service in accordance with the applicable section rather than in accordance with the regulation that authorized the service. Additional powers and exceptions may be granted to regional districts 801 (1) The Lieutenant Governor in Council may, by regulation, (a) grant a power to a specified regional district or a described class of regional districts, or (b) provide for a specified regional district or a described class of regional districts an exception to or a modification of a requirement established by an enactment. (2) Section 251 [additional powers and exceptions may be granted to municipalities] applies for the purposes of subsection (1). (3) A regulation made under this section must not do any of the following: (a) confer an authority otherwise available to a regional district, including any power that may be granted under section 796 (1) (e) or (g) or (2) or 800; (b) anything prohibited under section 251 (2) (b) to (e); (c) any other thing prohibited by regulation under subsection (4). (4) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section. Referendums regarding services 802 (1) A board may, by bylaw, provide for a referendum in the whole or a part of one or more municipalities or electoral areas to obtain the opinion of the electors on a question regarding a service that is or that may be operated by the regional district. (2) If a referendum is limited to all or part of the service area for an existing service, the costs of the referendum must be recovered in the same manner as the annual costs for the service are recovered. (3) If a referendum is not limited to all or part of the service area for an existing service, the costs of the referendum must (a) be apportioned among the municipalities and electoral areas in which the referendum is held on the basis of the converted value of land and improvements as defined in section 820, and (b) be recovered by the requisition of money under sections 822 or 823, as applicable. (4) Money to be recovered under subsection (3) (b) must be collected by a property value tax to be levied and collected under sections 824 or 825, as applicable, in the whole of each municipality and electoral area in which the referendum is held. (5) Section 808 applies to a referendum under this section as if the areas in which the referendum is to be conducted were proposed participating areas. Exercise of regulatory powers 803 (1) If a board establishes a local or extended service in a service area and power is given to the board by this Part to regulate persons or property, that power may be exercised by the board (a) in each electoral area or part of it that is in the appropriate service area, and (b) if the letters patent of the regional district confer exclusive jurisdiction on the board to exercise that power in a municipality, in the municipality or part of it that is in the appropriate service area. (2) The powers, obligations and duties of a municipality are reduced only to the extent that they are assigned to the exclusive jurisdiction of the regional district under letters patent or to the extent provided in this Part. Service areas 804 A service area may be comprised of one or more participating areas. Extraterritorial participating areas 805 (1) The Lieutenant Governor in Council may, by order, (a) designate an area as an extraterritorial participating area, (b) authorize a regional district to include, in its establishing bylaw for a local or extended service, an area outside the regional district as an extraterritorial participating area for the service, and (c) set terms and conditions for the establishment and operation of the service in the extraterritorial participating area. (2) If an order is made under subsection (1) and the regional district includes the extraterritorial participating area in its establishing bylaw, (a) the powers of the regional district extend outside its boundaries to the extent necessary to establish and operate the service in the extraterritorial participating area, and (b) subject to any terms and conditions set under subsection (1) (c), the provisions of this Part apply with respect to the extraterritorial participating area as if it were located in the regional district. Establishing bylaws for services 806 (1) Each bylaw establishing a separate local service or separate extended service for a service area must do the following: (a) describe the service being established; (b) define the boundaries of the service area; (c) identify all municipalities and electoral areas that include participating areas for the service; (d) indicate the method of cost recovery provided for in section 816 or 817, as applicable; (e) set out the method of apportionment of costs between the municipalities and electoral areas in the service area, if different from the method set out in section 820 (2). (2) Each bylaw establishing a separate local service, in addition to the matters set out in subsection (1), must state either or both of the following: (a) the maximum amount that may be requisitioned under section 816 (1) for the service; (b) the property value tax rate that, when applied to the net taxable value of land and improvements in the service area, will yield the maximum amount that may be requisitioned under section 816 (1) (a) and (b) for the service. (2.1) The power to adopt an establishing bylaw for a service may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and establishing bylaws may not be consolidated into a comprehensive general bylaw under section 280.3. (3) If a board proposes to borrow money for the start of a local or extended service, the bylaw establishing the service and the loan authorization bylaw under section 831 must, for the purposes of obtaining assent of the electors under sections 808 to 812, be dealt with as if they were one bylaw. (4) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw establishing a local service or extended service with the inspector after the bylaw has been adopted. Preconditions to validity of establishing bylaws 807 (1) A bylaw establishing a local service or extended service has no effect unless (a) it is approved by the inspector, and (b) the requirements of subsection (2) are met. (2) A bylaw establishing a local service or extended service must receive (a) for each participating area in the proposed service area, either (i) assent of the electors, or (ii) if the assent requirement is waived under section 810 or 811, consent given on behalf of the electors, or (b) if the board passes a resolution under subsection (3), assent of the electors in the entire proposed service area. (3) A board may, by resolution passed by at least 2/3 of the votes cast, permit assent to be given by electors in the entire proposed service area. (4) For a proposed municipal participating area, the council of the municipality may refuse to hold a vote to obtain assent of the electors to the establishing bylaw as required under subsection (2) (a) (i). (5) If the council has not given consent on behalf of the electors in a proposed municipal participating area and has refused to hold a vote to obtain assent of those electors, the board may pass a resolution under subsection (3) to permit a vote to be taken throughout the entire proposed service area. Assent of the electors by voting 808 (1) Assent of the electors in each proposed participating area as referred to in section 807 (2) (a) (i) is obtained if, for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw. (2) Assent of the electors in the entire proposed service area as referred to in section 807 (2) (b) is obtained if a majority of votes counted as valid in all voting on the bylaw is in favour of the bylaw. (3) Part 4, other than section 159 (3), applies for the purposes of obtaining the assent of the electors under this section, with voting to be conducted, (a) in the case of voting for the purposes of subsection (1), by the council for a municipal participating area and by the board for an electoral participating area, and (b) in the case of voting for the purposes of subsection (2), at the option of the board, either (i) by the board throughout the proposed service area, or (ii) in the proposed participating areas in accordance with paragraph (a), with the results of voting in these areas added together for the purposes of subsection (2). (4) If voting is conducted under subsection (3) (b), for the purposes of determining who is entitled to vote under section 161, the voting area is deemed to be all the proposed participating areas. (5) For a vote under subsection (1) that is conducted only in a municipal participating area, if the participating area includes all of a municipality and the council does not exercise its power under section 810 to waive the assent requirement, section 40 (1) does not apply and, instead, the municipality is responsible for the costs of the vote in the participating area. Assent of electors by counter petition 809 (1) Assent of the electors in a participating area under section 807 (2) (a) (i) or assent of the electors in the entire proposed service area under section 807 (3) may be obtained under this section rather than by vote under section 808 if (a) the maximum amount that may be requisitioned under section 816 (1) (a) and (b) or 817 (1) (a) for the service is an amount equivalent to not more than $0.50 for each $1 000 of net taxable value of land and improvements included in the service area, or (b) the bylaw relates to a service described in section 798 (1) (a) to (c). (2) For the purposes of this section, an elector is a person who would be entitled to register and vote on the bylaw if voting under section 808 were conducted. (3) If a board or council proposes to seek assent under this section, it must publish a notice in at least 2 consecutive issues of a newspaper. (4) The notice under subsection (3) must include the following: (a) a copy of the bylaw or a synopsis of the bylaw in accordance with subsection (5); (b) a statement that counter petitions against the proposed bylaw will be provided by the board or the council, if requested; (c) the number of electors in the participating area or service area for which the assent of the electors is required to be obtained, as estimated under subsection (11); (d) other information that the Lieutenant Governor in Council may prescribe. (5) A synopsis for the purposes of subsection (4) (a) must include the following: (a) in general terms, the intent of the bylaw; (b) the proposed service area; (c) the place where and dates and times when copies of the bylaw may be inspected. (6) If the proposed bylaw is amended or otherwise revised after a notice under subsection (3) has been published, the revised bylaw must be considered a new bylaw for the purposes of this section and the publication, notice and other requirements of this section apply to the revised bylaw. (7) For the purposes of permitting the electors to petition against the proposed bylaw, the board or council must (a) prepare counter petitions ready for distribution at the time it first publishes the notice under subsection (3), and (b) distribute a counter petition to each person who requests one. (8) A person who receives a counter petition referred to in subsection (7) may make accurate copies of the counter petition for the purposes of this section. (9) The Lieutenant Governor in Council may make regulations prescribing the form and content of counter petitions referred to in subsection (7), and those regulations may be different for different classes of bylaws to which the counter petitions may relate. (10) Each counter petition or accurate copy of a counter petition may be signed by one or more electors. (11) The number of electors' signatures on counter petitions or accurate copies of counter petitions received by the board or council within 30 days after the last publication under subsection (3) must be used to determine the results of the counter petition as follows: (a) if the number of electors' signatures represents fewer than 5% of the electors in the area, the bylaw is deemed to have received the assent of those electors; (b) if the number of electors' signatures represents between 5% and 50% of the electors in the area, the board or council may only proceed with the bylaw if it obtains assent of the electors under section 808; (c) if the number of electors' signatures represents more than 50% of the electors in the area, the bylaw is deemed to have been rejected by the electors. (12) For the purpose of calculating the percentage of electors under subsection (11), the board or council must make a fair estimate of the total number of electors in the relevant participating area or service area. (13) Section 159 (2) does not apply to obtaining of the assent of the electors under subsection (11) (b) of this section but does apply if the bylaw is resubmitted for assent of the electors after it is rejected as referred to in subsection (11) (c). (14) Any question as to the sufficiency or accuracy of a counter petition or copy of a counter petition received by a board or council must be determined by the local government officer assigned responsibility under section 198 [corporate administration]. Consent on behalf of municipal electors 810 (1) For a proposed municipal participating area that includes all of a municipality, the council of the municipality may waive the assent requirement of section 807 (2) (a) (i). (2) If a council waives the assent requirement under subsection (1), consent is given on behalf of the electors in the proposed participating area by the council (a) consenting to adoption of the proposed bylaw, and (b) notifying the board of its consent. (3) If notice of consent referred to in subsection (2) (b) has not been received within 30 days after third reading of the bylaw, the council is deemed (a) to have refused to give consent on behalf of the electors in the proposed municipal participating area, and (b) to have refused to hold a vote to obtain the assent of the electors in the proposed municipal participating area. Consent on behalf of electoral area electors 811 (1) For a proposed electoral participating area, the board may waive the assent requirement of section 807 (2) (a) (i) as follows: (a) in respect of a bylaw establishing a local or extended service, if the board receives a petition under section 812; (b) in respect of a bylaw establishing an extended service, if (i) the participating area includes all of the electoral area, and (ii) the service can be established without borrowing. (2) If a board waives the assent requirement under subsection (1), consent is given on behalf of the electors in the proposed participating area by the electoral area director consenting in writing to adoption of the bylaw. (3) Despite subsection (2), if a director refuses to give the consent referred to in that subsection, the board may, by a resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the proposed participating area. (4) A director whose consent is dispensed with under subsection (3) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order that (a) the consent of the board under subsection (3) stands, or (b) the assent of the electors be obtained as though there were no waiver under subsection (1). Petition for services 812 (1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area and, on submission, the provisions of section 632 [sufficiency of petition] apply. (2) A petition referred to in subsection (1) must (a) describe in general terms the service that is proposed, (b) define the boundaries of the proposed service area, (c) indicate in general terms the proposed method for recovering annual costs, and (d) contain other information that the board may require. (3) To be a sufficient petition under section 632 (1), a petition must meet both of the following conditions: (a) it must be signed by at least 2/3 of the owners of parcels liable to be charged for the proposed service; (b) it must be signed by a sufficient number of owners of parcels liable to be charged for the proposed service that the total value of their parcels represents at least 1/2 of the net taxable value of all land and improvements within the proposed service area. Amendment of establishing bylaws 813 (1) A bylaw establishing a local service or extended service may be amended or repealed by bylaw adopted, subject to an order under subsection (2), (a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or (b) with the consent of at least 2/3 of the participants. (2) Without limiting subsection (1), a bylaw under that subsection may provide for changes to the boundaries of a service area, including merging 2 or more service areas. (3) The minister may order that a bylaw under subsection (1) must (a) be adopted in accordance with subsection (1) (a), or (b) in addition to the requirements of subsection (1) and before it is adopted, receive the assent of the electors (i) in one or more specified participating areas, or in specified parts of one or more participating areas, obtained in accordance with section 808 (1), or (ii) in the entire service area, obtained in accordance with section 808 (2). (4) If a bylaw under subsection (1) extends an existing service to a new participating area, the proposed participating area must be included as a participating area and the participant for the proposed participating area must be included as a participant for the purposes of subsections (1) and (3). (5) Subject to subsection (6), if an amending bylaw under this section or a conversion bylaw under section 775 (4) is required in order to borrow money for a local or extended service, the amending or conversion bylaw and the loan authorization bylaw under section 831 may, for the purposes of obtaining assent of the electors under sections 808 to 812, be dealt with as if they were one bylaw. (6) The minister may order that assent of the electors to bylaws referred to in subsection (5) be obtained separately. (7) Despite subsection (1) (b), if an electoral area director refuses to give the consent referred to in that subsection, the board may, by resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the participating area. (8) A director whose consent is dispensed with under subsection (7) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order that (a) the consent of the board under subsection (7) stands, or (b) the assent of the electors in the participating area represented by that director be obtained in accordance with section 808 (1). (9) A bylaw under this section has no effect unless it is approved by the inspector. (10) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw under this section with the inspector after it has been adopted. Division 5 — Financial Operations Accounting 814 (1) The regional district officer assigned responsibility under section 199 [financial administration] must keep separate financial records for each service performed in the regional district that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details. (2) All costs, including costs of administration attributable to a service, are part of the costs of that service, and revenue received from the service must be set off against those costs. (3) A deficit that is incurred in providing a service must be carried forward as an expenditure against that service in the next year. (4) On or before February 1 in each year, the amount received by a municipality, or by the Surveyor of Taxes for an electoral area, by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Grants Act, 1980 (Canada) in the immediately preceding year must be paid to the board. (5) The amount received by a municipality by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Aid Act or from a Crown corporation or agency must be paid to the board promptly after receipt. (6) An amount paid under subsection (4) or (5) must be applied ratably to the accounts for the services in respect of which the grant is paid. (7) The board must appoint an auditor and Part 14 applies. Cost recovery for general services 815 (1) If a board provides a general service, annual costs for operating the service, other than costs recovered by way of fees and charges payable under Part 26 [Management of Development] or rates or charges under section 253 [mountain resort business improvement areas], must be paid for by the requisition of money under sections 822 and 823, to be collected by a property value tax levied on the net taxable value of land and improvements under sections 824 (1) and 825 (1). (2) The costs of providing the general service referred to in section 797 (1) (c.1), other than costs recovered by fees and charges payable under Part 26, must be recovered from all electoral areas within the regional district on the basis of the net taxable value of land and improvements in the electoral areas. Cost recovery for local services 816 (1) If a board establishes a local service, the annual costs for the service may be recovered by one or more of the following: (a) the requisition of money under sections 822 and 823, to be collected by a property value tax levied and collected under sections 824 (1) and 825 (1); (b) the requisition of money under sections 822 and 823, to be collected by a frontage tax or parcel tax imposed in the manner provided by sections 824 (2) and 825 (2); (c) the imposition of fees and other charges that may be set by separate bylaw for the purpose of recovering these costs. (2) In an establishing bylaw, the board must state which of the cost recovery mechanisms under subsection (1) (a) to (c) it will be using. (3) If the board fails to comply with subsection (2), it is deemed to be using the mechanism referred to in subsection (1) (a). Cost recovery for extended services 817 (1) If a board establishes an extended service, the annual costs for the service may be recovered by either or both of the following: (a) the requisition of money under sections 822 and 823, to be collected by a property value tax levied and collected under sections 824 (1) and 825 (1); (b) the imposition of fees and other charges that may be set by separate bylaw for the purpose of recovering these costs. (2) In the establishing bylaw, the board must state which of the cost recovery mechanisms under subsection (1) (a) or (b) it will be using. (3) If the board fails to comply with subsection (2), it is deemed to be using the mechanism referred to in subsection (1) (a). Options for local and extended services 818 (1) For a municipal participating area, if a board chooses to use a cost recovery mechanism under section 816 (1) (a) or 817 (1) (a), the establishing bylaw for the service may provide that the rates authorized under section 331 (1) (f) be levied (a) on the basis set out in section 334 (1), on the basis set out in section 334 (2), or on the basis of a combination of these, and (b) on land only or on improvements only. (2) As an exception to subsection (1), for a municipal participating area that is all or part of the City of Vancouver, if the board chooses to use a cost recovery mechanism under section 816 (1) (a) and 817 (1) (a), the rates authorized to be levied by the City of Vancouver may be levied in the manner set out in the establishing bylaw for the service. (3) For a participating area referred to in subsection (1) or (2), if the board fails to specify the basis on which rates are to be levied in the participating area, they must be levied in accordance with section 334 (1). (4) For an electoral participating area, if the board chooses to use a cost recovery mechanism under section 816 (1) (a) or 817 (1) (a), the establishing bylaw for the service may provide that the rates that are to be levied and collected by the Provincial government under section 825 (1) be levied on land only or on improvements only. (5) For a participating area referred to in subsection (4), if the board fails to specify the basis on which rates are to be levied in that participating area, they must be levied on the basis of the net taxable value of land and improvements in the participating area. (6) If a board chooses to impose a fee or charge under section 816 (1) (c) or 817 (1) (b), the bylaw that imposes the fee or charge may set different fees and charges on different classes of persons, classes of property or types of land use, as specified in the bylaw. Annual budget 819 (1) A board must direct the preparation of a provisional budget for the next year and must, by bylaw, adopt the provisional budget, as prepared or as altered by the board, before December 31. (2) A board may amend a provisional budget at any time after its adoption and before adoption of the annual budget. (3) The designated regional district officer must mail a copy of the provisional budget to each municipality and to the inspector. (3.1) The provisional budget remains in effect until the annual budget is adopted. (4) A board must, by bylaw, adopt the annual budget for the current year on or before March 31. (5) The designated regional district officer must forward to each municipality a copy of the annual budget as adopted. (6) A bylaw adopting the annual budget has no effect until a copy of the bylaw, signed by the chair of the meeting at which it was adopted and certified to be a true copy by the regional district officer assigned responsibility under section 198 [corporate administration], is registered with the inspector. (7) The annual budget or a provisional budget must (a) set out the anticipated expenditure for each service, (b) show separately revenues obtained from requisitions and other sources, and (c) show appropriated surpluses of previous years. (8) The limit of the budgeted expenditure for a service is the budgeted revenue for the service. (9) The limit of the budgeted revenue to be obtained by requisition for a local service is the amount, or the greater of the amounts, stated in the establishing bylaw in accordance with section 806 (2). (10) The limit of the budgeted expenditure for providing assistance under section 797 (1) (f) is the amount that would be obtained by a levy of $0.10 per $1 000 on the net taxable value of land and improvements in the regional district. (11) Before the annual budget is adopted, it is not lawful to make an expenditure unless the expenditure is authorized by the provisional budget. (12) An expenditure not provided for in the annual budget is not lawful. Apportionment of costs 820 (1) In this section and in section 821, "converted value of land and improvements" means the net taxable value of land and improvements multiplied by a percentage that the Lieutenant Governor in Council may prescribe for the purposes of this section, which percentage may be different for each class of property under the Assessment Act. (2) The costs of providing a local service or extended service that will be paid for by amounts requisitioned under section 822 or 823 must be apportioned among the participating areas on the basis of the converted value of land and improvements in those areas unless the establishing bylaw provides for some other method of apportionment under section 806 (1) (e). (3) The costs of providing the general services referred to in section 797 (1) (a) [general administration], (d) [planning services] and (f) [granting assistance] that will be paid for by amounts requisitioned under section 822 or 823 must be apportioned among the municipalities and electoral areas that comprise the regional district on the basis of the converted value of land and improvements in that regional district. (4) Despite subsection (3), if general services referred to in section 797 (1) (d) (i) [regional growth strategy] are in relation to a regional growth strategy for an area that is less than the entire regional district, the costs of providing the services must be apportioned among the areas for which the regional growth strategy is initiated or adopted on the basis of the converted value of land and improvements. (5) Despite subsection (3), a board may provide that assistance under 797 (1) (f) is to be apportioned among the municipalities or electoral areas benefiting from the assistance, but the total of all assistance for which a municipality or electoral area may be charged under this section must not exceed the limit in section 819 (10) [annual budget]. (6) The costs of providing the general services referred to in section 797 (1) (b) [electoral area administration] must be apportioned among the electoral areas on the basis of the converted value of land and improvements in those areas. (7) Subject to subsections (8) and (9), the costs of providing the general services of management of development under Part 26 referred to in section 797 (1) (c), other than costs recovered by way of fees and charges, must be apportioned among the municipalities and electoral areas on the same basis as set out in subsection (3). (8) Subject to subsection (10), a municipality may, before August 31 in any year, notify the board that until further notice it will no longer share the costs of the management of development under Part 26 and, on that notification being made, the municipality has no liability to share in the costs effective the following year. (9) Despite subsection (8), the board and a municipality to which that subsection applies may agree before August 31 in any year that, to the limited extent set out in the agreement, the municipality is to share in the cost of some aspects of management of development under Part 26, and the agreement may specify particular plans, permits or bylaws and particular areas. (10) If a municipality gives notice under subsection (8) after a board has passed a resolution authorizing the preparation of a plan or bylaw under Part 26, the municipality must continue to share the costs in that preparation until the earlier of the following: (a) the date the plan or bylaw is adopted; (b) 2 years after the date the resolution is passed. (11) The costs of providing the general services referred to in section 797 (1) (e) [administration of local community commissions] must be recovered entirely from the local community in respect of which they are incurred on the basis of the net taxable value of land and improvements in that local community. (12) As soon as practicable after the relevant information is available, the assessment commissioner must provide to the designated regional district officer and to the inspector (a) the net taxable value of land and improvements, and (b) the converted value of land and improvements in each municipality, electoral area and participating area. Apportionment adjustments 821 (1) If adjustments are made under the Assessment Act to the values referred to in section 820 (12), the assessment commissioner must provide particulars to the designated regional district officer and to the inspector. (2) If, in respect of a year, (a) adjustments referred to in subsection (1) are made, and (b) the share of the cost of all the services of the regional district that was apportioned to and borne by a municipality or an electoral area in that year would, had those adjustments been taken into account, have increased or decreased by more than $1 000, the share of the cost apportioned to and borne by the municipalities and electoral areas must be adjusted in a manner directed by theminister in the requisition next following the date of the adjustment. Requisition of funds from municipalities 822 (1) On or before April 10 in each year, the designated regional district officer must send to each municipality a requisition in respect of each service stating the amount required for the service during the year from the municipality. (2) A sum requisitioned is a debt due by the municipality to the regional district, and the council must pay it to the board on or before August 1 of the current year. Requisition of funds for electoral areas 823 (1) On or before April 10 in each year, the designated regional district officer must send to the inspector a requisition in respect of each service stating the amount required during the year in respect of each electoral participating area. (2) The inspector (a) must consider whether the amounts requisitioned are budgeted, (b) if satisfied that an amount has been budgeted for a purpose not within the powers of the board, may deduct that amount from the appropriate requisition, and (c) must send the examined requisitions to the Minister of Finance and Corporate Relations. (3) The amounts requisitioned under this section may be paid by the Minister of Finance and Corporate Relations from the consolidated revenue fund. Collection in municipalities 824 (1) Subject to subsection (3), except in the circumstances described in subsection (2), if a requisition in respect of a service is delivered to a municipality under section 822, the amount requisitioned must be levied by that municipality by the method set out in section 331 (1) (f), having regard to the tax base authorized by section 818. (2) Subject to subsection (3), if an amount specified in the requisition is to be recovered by way of frontage tax or parcel tax, the municipality must impose a frontage tax or parcel tax, and sections 429 to 440 apply. (3) If a service area is in part of a municipality, the municipality must levy the requisitioned amounts in respect of that service from only that participating area. (4) A board may, by bylaw, (a) provide that the frontage tax or parcel tax to be imposed under subsection (2) is to be waived or lessened in respect of real property for which the present or previous owner or the present occupier of the property has constructed at that person's own expense a portion of the water or sewerage system related to the service, (b) provide that, for all or part of a service area, the frontage tax or parcel tax imposed under subsection (2) may be commuted for payment in cash, (c) set terms and conditions for a waiver or reduction under paragraph (a) and for a commutation under paragraph (b), and (d) specify circumstances in which a commutation under paragraph (b) may be refused. (5) Section 599 (3) applies to fees or other charges under section 798 (1) (a) to (d) that remain unpaid as of December 31 in any year. Collection in electoral areas 825 (1) If a requisition in respect of a service is delivered to the Minister of Finance and Corporate Relations under section 823, except in the circumstances described in subsection (2) and after giving due regard to the tax base authorized under section 818, that minister must direct that (a) the amount requisitioned, together with any additional sum that the minister may direct to cover the costs and outlays of assessment and collection, be recovered by means of a property value tax levied within the service area, and (b) the levy be collected by the Provincial government under and in accordance with the Taxation (Rural Area) Act as if it were a tax imposed under that Act. (2) If an amount specified in the requisition is to be recovered by way of frontage tax or parcel tax from owners of property in the service area, that amount must be levied and collected by the Provincial government from the owners of the appropriate frontages or parcels in that area on the basis of the roll authenticated under section 435, as amended to reflect any deletions from that roll as reflected by the supplementary roll, as if it were a tax imposed under the Taxation (Rural Area) Act. (3) A board may, by bylaw, (a) provide that the frontage tax or parcel tax to be imposed under subsection (2) is to be waived or lessened in respect of real property for which the present or previous owner or the present occupier of the property has constructed at that person's own expense a portion of the water or sewerage system related to the service, (b) provide that, for all or part of a service area, the frontage tax or parcel tax imposed under subsection (2) may be commuted for payment in cash, (c) set terms and conditions for a waiver or reduction under paragraph (a) and for a commutation under paragraph (b), and (d) specify circumstances in which a commutation under paragraph (b) may be refused. (4) If a tax is to be imposed under subsection (2), the board must, by bylaw, provide for the preparation of a frontage tax assessment roll for each parcel of land in the service area, and sections 430 (3) to (6), 431 and 432 (2) to (4) apply. (5) The board must cause particulars of the frontage tax assessment roll under subsection (4) to be made available for inspection by every person named in it as owner of a parcel and, for the purpose of appeals against entries in the roll, sections 433 to 436 apply. (6) The frontage tax assessment roll, as authenticated under subsection (5), must be forwarded to the Surveyor of Taxes before February 28 in each year. (7) Section 599 (3) applies to fees or other charges under section 798 (1) (a) to (d) that remain unpaid as of December 31 in any year. (8) The provisions of the Taxation (Rural Area) Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes levied under this section. Special funds 826 (1) Part 13, other than sections 498 and 500, applies to a regional district in the manner provided by subsection (2). (2) The provisions of Part 13 relating to special funds as they apply to a service apply as though each service were the only service provided by the regional district, and all accounting and other matters pertaining to a special fund must be kept separate for each service that is provided. Feasibility study fund 827 (1) A board may, by bylaw, establish a feasibility study fund for the purposes of meeting costs of undertaking feasibility studies of services it proposes to provide. (2) No requisition may be made in any year that would result in the amount that is in a feasibility study fund exceeding the amount produced by a levy of 10¢ per $1 000 of the net taxable value of land and improvements in the regional district. (3) Money in a feasibility study fund may be invested or reinvested in the manner set out in section 483. (4) If a board resolves to undertake a service, the expenditures for study of its feasibility must be charged to the account of that service. Liabilities beyond the current year 828 (1) As a limitation on section 176 [corporate powers], a board must not incur a liability beyond the amount of revenue of the regional district for the current year except as provided in this Part. (2) A board may, under an agreement, incur a liability payable after the end of the current year if (a) the liability is not a debenture debt, and (b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement. (3) If an agreement under subsection (2) is (a) for more than 5 years, or (b) for a period that by exercising rights of renewal or extension could exceed 5 years, the board must not incur the liability until it has provided a counter petition opportunity in relation to the proposed liability in the service area or service areas in respect of which the liability is incurred. (4) For the purposes of subsection (3), the notice under section 809 (3) [assent of electors by counter petition] must also include the nature, term and amount of the liability. Revenue anticipation borrowing 829 (1) A board may, by bylaw, provide for the borrowing of money that may be required to meet its current expenditures before its revenue, from all sources, to pay for those expenditures has been received. (2) Money borrowed under this section must be repaid when the anticipated revenue with respect to which the borrowing was authorized is received. Short term capital borrowing 830 (1) For a purpose of a capital nature related to the provision of general administration services under section 797 (1) (a), a board may, by bylaw without the assent of the electors, contract a debt by borrowing. (2) At any time, the total outstanding debt authorized by subsection (1) must not exceed an amount equal to the sum of $50 000 plus the product of $2 multiplied by the population of the regional district. (3) For the purposes of subsection (2), the population of the regional district is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known. (4) Securities under a bylaw under subsection (1) must be issued in the same calendar year as that in which the bylaw is adopted. (5) A debt contracted under subsection (1) and securities for it must be payable no later than 5 years after the date on which the securities were issued or the reasonable life expectancy of the work for which the debt is contracted, whichever is less. (6) Securities issued under subsection (1) are deemed to be a debenture debt of the regional district. (7) A bylaw under subsection (1) must provide that an amount be levied in each year during the currency of the securities sufficient to pay interest and repay principal due in that year. (8) A bylaw under subsection (1) must not be adopted until the inspector approves (a) the capital purpose, (b) the bylaw, (c) the terms of repayment of the debt, and (d) the nature and form of securities to be issued for it. (9) A debt under this section must be included in the capital expenditure bylaw prepared under section 834 (2) [provisions applicable to loan and security bylaws]. Loan authorization bylaws 831 (1) A board may, by a loan authorization bylaw, borrow money for capital purposes within its powers or for other purposes for which borrowing is authorized by this Act. (1.01) A board may, by a loan authorization bylaw, borrow money or incur an obligation for the purpose of providing assistance within the meaning of section 181 [definition of assistance] by (a) lending to any person or public authority to which the regional district may provide assistance under Part 5 [Corporate Powers], or (b) guaranteeing repayment of borrowing, or providing security for the borrowing, of a person or public authority referred to in paragraph (a), but only if the assistance is provided under an agreement. (1.1) The power to adopt a loan authorization bylaw may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw under section 280.3. (2) The provisions of sections 807 to 812, as they apply to an establishing bylaw for a local service, apply to a loan authorization bylaw in respect of a local service. (3) The provisions of sections 807 to 812, as they apply to an establishing bylaw for an extended service, apply to a loan authorization bylaw in respect of an extended service. (4) The provisions of sections 807 to 812, as they apply to an establishing bylaw for an extended service, apply to a loan authorization bylaw in respect of a general service. (4.1) As an exception to subsections (2) to (4), if the provisions of sections 807 to 812 require the assent of the electors to a bylaw under this section, then that assent may be given through a counter petition opportunity. (5) A loan authorization bylaw may be amended or repealed by bylaw adopted (a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or (b) if the minister approves, with the consent of at least 2/3 of the participants. (6) Despite subsection (5) (b), if an electoral area director refuses to give the consent referred to in that subsection, the board may, by resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the participating area. (7) A director whose consent is dispensed with under subsection (6) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order that (a) the consent of the board under subsection (6) stands, or (b) the assent of the electors within the participating area represented by that director be obtained in accordance with section 808 (1). (8) A bylaw under this section has no effect unless it is approved by the inspector. (9) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw under this section with the inspector after it has been adopted. (10) If approval is required under this or any other Act respecting a loan authorization bylaw, the bylaw must not be adopted or submitted for assent of the electors until that approval is obtained. (11) The authority to borrow under a loan authorization bylaw ends 5 years from the date on which the bylaw was adopted and, after that date, the regional district may only, in accordance with the bylaw and this Act, (a) adopt a security issuing bylaw respecting the outstanding debt created under the authority of the bylaw as the debt exists at that date, or (b) enter into other borrowing contracts respecting that debt. (11.1) As an exception to subsection (11), a loan authorization bylaw under subsection (1.01) expires at the end of the term of the agreement required by that subsection and after that date the regional district may only, in accordance with the bylaw and this Act, (a) adopt a security issuing bylaw respecting the outstanding debt created under the authority of the bylaw as the debt exists at that date, or (b) enter into other borrowing contracts respecting that debt. (12) A loan authorization bylaw must state the maximum term for which the securities in respect of the borrowing that it authorizes may be issued. (13) A debt under subsection (1) must be included in the capital expenditure bylaw prepared under section 834 (2) [provisions applicable to loan and security bylaws]. (14) The maximum term of a debt that may be authorized by a bylaw under subsection (1) is the lesser of (a) 30 years, and (b) the reasonable life expectancy of the work for which the debt is contracted. (15) The maximum term of a debt or obligation that may be authorized by a bylaw under subsection (1.01) is the remaining term of the agreement under which the assistance is provided. Borrowing to cover judgments and awards in legal proceedings 831.1 (1) A board may, by loan authorization bylaw adopted without the assent of the electors but with the approval of the inspector, borrow money required for one or more of the following: (a) to comply with an order or requirement to pay money into the Supreme Court as security (i) for payment of a judgment or other debt, (ii) for damages or costs, or (iii) for the costs of an appeal from the decision of a court or an arbitrator; (b) to satisfy a judgment or other order of a court against the regional district; (c) to satisfy an award resulting from an arbitrator's determination of liability or quantum of damages against the regional district, including orders of the arbitrator relating to the determination. (2) [Repealed 1998-34-184.] Information that must be stated in borrowing bylaw 832 A short term capital borrowing bylaw under section 830 or a loan authorization bylaw under section 831 or 831.1 must state the following: (a) the service and, in reasonable detail, the purpose for which the debt is intended to be created; (b) the amount of debt intended to be created; (c) the amount of existing outstanding debenture debt of the regional district authorized (i) under sections 830, 831 and 831.1, and (ii) under section 835; (d) the amount of debenture debt that is authorized but is not issued (i) under sections 830, 831 and 831.1, and (ii) under section 835; (e) the amount, if any, of principal or interest that is then in arrears on debt created (i) under sections 830, 831 and 831.1, and (ii) under section 835. Security issuing bylaw 833 (1) A board may, by a security issuing bylaw, provide for the issue of securities under the authority contained in one or more loan authorization bylaws, or for some part of the amount authorized in those bylaws. (2) A security issuing bylaw must specify the loan authorization bylaw that authorizes the borrowing and must state the following: (a) the amount that the loan authorization bylaw authorizes the board to borrow; (b) the amount that has already been borrowed under the authority of that loan authorization bylaw; (c) the difference between the amounts referred to in paragraphs (a) and (b), that is, the balance of the amount that may still be borrowed under that loan authorization bylaw; (d) the amount of that balance that is being borrowed by the issue of security authorized by the bylaw under this section. (3) A security issuing bylaw must provide that a sum is to be requisitioned under sections 822 and 823 in each year in an amount sufficient (a) to meet the annual payment of interest and principal, (b) to meet any known or anticipated deficiency in the amounts raised or to be raised by any charge, rate or tax for the annual payment of interest and principal, or (c) to meet any known or anticipated deficiency in the revenue derived from the services for which the debt is created for the annual payment of interest and principal. (4) A security issuing bylaw may include borrowing under section 835. Provisions applicable to loan and security bylaws 834 (1) Sections 457, 460, 461 (3) to (5), 462, 463 and 466 to 478 and 479 (1) apply for the purposes of this Division. (2) A board must prepare a capital expenditure bylaw and, for that purpose, section 329 applies except that the date by which the bylaw must be prepared is March 31 and not May 15. Financing municipal undertakings 835 (1) A regional district may finance, at the request and sole cost of a municipality, an undertaking for which the council of the municipality has adopted a security issuing bylaw in accordance with this Act or, in the case of the City of Vancouver, for which the council has passed a bylaw or resolution authorizing the borrowing of money under the Vancouver Charter. (2) For the purpose of this financing, the board may adopt a security issuing bylaw without adopting a loan authorization bylaw, and the bylaw must state, as its authorization, the bylaw or resolution referred to in subsection (1). (3) The municipality must provide for and pay over to the regional district the sums required to discharge its obligations in accordance with the terms of debentures issued to the regional district or agreements entered into under section 464 (1) or 465 (1) or under the Vancouver Charter. (4) If the sums provided for in the debentures or under the agreements, as referred to in subsection (3), are not sufficient to meet the obligations of the board, the deficiency is a liability of the municipality to the regional district. Borrowing on credit 836 Money borrowed by a regional district must be on its credit at large and, in the event of default, constitutes an indebtedness of the municipalities and electoral areas in the regional district that they are jointly and severally liable to repay. Division 6 — General Services to public authorities 837 (1) If a regional district makes an agreement with a public authority to provide services to or for the public authority that are within the powers of the public authority, the entire cost of providing the service under the agreement is a debt owed to the regional district by the public authority. (2) A service provided under an agreement referred to in subsection (1) may be provided inside the boundaries of another regional district if that other regional district consents. Local community commissions 838 (1) A board may, by bylaw adopted by at least 2/3 of the votes cast, establish in an electoral area one or more local communities to be administered by local community commissions. (2) A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw, has no effect unless it receives the assent of the electors in the area of the local community and is approved by the inspector. (3) As an exception to subsection (2), the minister may waive the requirement for assent of the electors to a bylaw that amends or repeals a bylaw establishing a local community. (4) For the purposes of obtaining the assent of the electors as required by this section, Part 4 applies and the voting area is to be the proposed local community or the local community, as applicable. (5) A bylaw establishing a local community must do the following: (a) name the local community; (b) establish the boundaries of the local community; (c) establish the time and manner of holding annual general meetings of the commission; (d) establish either (i) that elections for commissioners are to be held every 3 years at the time of the general local election, or (ii) that elections for commissioners are to be held each year at a time specified in the bylaw. (6) A bylaw establishing a local community may do one or more of the following: (a) establish the manner of holding elections for commissioners, if this is to be different from that provided by the application of Part 3; (b) [Repealed 1998-34-186.] (c) set terms, conditions and restrictions on activities of the commission. (7) A bylaw under subsection (6) (a) must be adopted at least 8 weeks before the general voting day for the election to which it first applies. (8) The commission for a local community consists of (a) 4 elected commissioners, all of whom must reside in the local community and have the qualifications to hold office as a director, and (b) the director for the electoral area in which the local community is located. (9) Except as provided by a bylaw under subsection (6) (a), Part 3 applies to the election of commissioners. (10) The term of office for elected commissioners is to be (a) 3 years or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held every 3 years, or (b) one year or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held each year. (11) At each annual general meeting, the commissioners must elect a chair and a vice chair. (12) Section 788, as it applies to committee members, applies to the remuneration and reimbursement of commissioners. Notice required for certain bylaws 839 (1) Until it has given notice in accordance with subsection (2), a board must not, in implementing its powers under this Part, adopt a bylaw under (a) Part 21, or (b) any of sections 703, 704, 706, 707, 722, 723, 724, 725, 728, 906 to 910, 915, 923, 938 and 939. (2) The notice referred to in subsection (1) must (a) state (i) in general terms, the intent of the bylaw, (ii) the area that is the subject of the bylaw, and (iii) the place where and the times and dates when copies of the bylaw may be inspected, and (b) be published in a newspaper at least 3 days before the bylaw is to be considered for adoption. Restriction on authority in relation to firearms 840 Despite this Act or a provision in letters patent issued to a regional district, a bylaw of a regional district regulating or prohibiting the discharge of firearms, as defined in the Wildlife Act, S.B.C. 1982, c. 57, is unenforceable to the extent that a regulation under section 108 (2) (n) or (o) of the Wildlife Act is in force in the regional district. Default on payment by municipality 841 (1) If a municipality defaults on the payment of money due and payable by it to the regional district, the Lieutenant Governor in Council may, at the request of the board, appoint a commissioner for the municipality and, on being appointed, the commissioner has all the powers and duties of a commissioner appointed under Part 30. (2) [Repealed 1998-34-187.] Variable tax rate system 842 (1) In this section: "property class" means a property class under the Assessment Act; "variable tax rate system" means a system under this section by which individual tax rates for a specific taxation year are determined and imposed for each property class to which the system applies. (2) Despite section 825 but subject to the regulations under this section, a board may, by bylaw, establish an annual variable tax rate system for a specified taxation year. (3) A variable tax rate system (a) may only apply to tax rates for one or more of the local services of the regional district, (b) may only vary tax rates for property classes 2, 4 and 5, and (c) must not result in the ratios between the tax rate for a property class referred to in paragraph (b) and the tax rate for property class 1 exceeding either (i) the applicable ratio prescribed under subsection (6), if any, or (ii) the applicable ratio under section 20 (2) of the Taxation (Rural Area) Act. (4) For each local service subject to a variable tax rate system, the bylaw must set out the ratio between the tax rate for each property class subject to the system and the tax rate for property class 1. (5) A bylaw under subsection (2) must be approved by the inspector and, for this purpose, must be submitted to the inspector by January 31 in the taxation year for which it is to apply. (6) Subject to subsection (8), the Lieutenant Governor in Council may make regulations respecting variable tax rate systems, including regulations doing one or more of the following: (a) prescribing limits on tax rates; (b) prescribing ratios between the tax rate for a property class and the tax rate for property class 1; (c) prescribing formulas for calculating the limits or ratios referred to in paragraph (a) or (b). (7) Regulations under subsection (6) may prescribe different tax limits, ratios or formulas in relation to one or more of the following: (a) different property classes; (b) different regional districts; (c) different services; (d) different service areas; (e) different types of participating areas. (8) A regulation under subsection (6) may not prescribe a ratio for the purposes of subsection (3) (c) that would exceed the applicable ratio established under section 20 (2) of the Taxation (Rural Area) Act. Property tax exemptions 843 (1) Land and improvements owned or held by a regional district are exempt from taxation when used for its purposes under this Part, but otherwise are subject to taxation (a) under section 357 as if the property were owned by a municipality, or (b) under section 18 (4) of the Taxation (Rural Area) Act as if the property belonged to the Crown. (2) Despite subsection (1), the owner of land or improvements, or both, leased or rented to the regional district is liable for the payment of taxes that would otherwise be levied with respect to that property under any Act. (3) On or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, exempt the property described in subsection (4) from taxation under this Part for (a) the next calendar year, or (b) with the assent of the electors, a specified period not longer than 10 years. (4) The following property that is in an electoral area may be exempted from taxation under subsection (3): (a) land or improvements, or both, owned or held by, or held in trust by the owner for, an athletic or service organization and used principally for public athletic or recreation purposes; (b) land or improvements, or both, used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall that the board considers necessary to the church; (c) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a board of school trustees; (d) land that is owned and used exclusively by an agricultural or horticultural society and that is in excess of the area exemption under section 15 (1) (j) of the Taxation (Rural Area) Act. (e) an interest held by a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees; (f) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a francophone education authority. (5) An exemption under subsection (3) may be limited to a specified portion of the net taxable value of the property to which the exemption applies. (6) If, because of a change in the use or ownership of property exempted from taxation by bylaw under subsection (3), the property no longer meets the requirements for exemption established by subsection (4), the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change. (7) Assent of the electors as required by subsection (3) (b) is obtained if, by voting conducted throughout the regional district, a majority of the votes counted as valid in all voting on the bylaw is in favour of the bylaw. (8) Part 4 applies to voting for the purposes of subsection (7), with voting to be conducted either, at the option of the board, (a) by the board throughout the regional district, or (b) by the council of each municipality and by the board for that part of the regional district that is not in a municipality, with the results of voting in these areas totalled for the purposes of subsection (7). Exemptions for heritage properties 844 (1) In this section, "eligible heritage property" means property in an electoral area that is (a) protected heritage property, (b) subject to a heritage revitalization agreement under section 966, or (c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property. (2) Despite section 182 [prohibition against assistance to business] 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, a board may, by bylaw 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 taxation under this Part; (b) if eligible heritage property exempted under paragraph (a) is a building or other improvement affixed to the land so that it constitutes real property, exempt an area of land surrounding the exempted property from taxation under this Part for the same period of time as the exemption is made under paragraph (a) of this subsection; (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 bylaw under subsection (2) may provide a tax exemption (a) for the next calendar year, or (b) if the bylaw receives the assent of the electors or is approved by the electors in accordance with subsection (4), for a specified period not longer than 10 years. (4) Approval of the electors to a bylaw under subsection (2) is deemed to have been given if the following requirements are met: (a) at least 30 days before adopting the bylaw, a notice is published in at least 2 issues of a newspaper (i) identifying the eligible heritage property that would be subject to the bylaw, (ii) describing the exemption that would be made for the eligible heritage property, and (iii) stating that the bylaw may be adopted by the board after 30 days unless more than 5% of the electors petition the board to obtain the assent of the electors to the bylaw; (b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the regional district offices during their regular office hours; (c) by the end of 30 days after the notice is first published under paragraph (a), 5% or fewer of the electors have petitioned the board to obtain the assent of the electors to the bylaw. (5) Within 30 days after adopting a bylaw under this section, the board must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with section 977. Repayment requirement in relation to heritage exemptions 845 (1) A bylaw under section 844 may provide that, if any of the following circumstances as specified in the bylaw occurs, the board may require the owner of the eligible heritage property at that time to pay to the regional district the amount calculated under subsection (2). (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 bylaw occur. (2) The amount that may be required under subsection (1) is the amount equivalent to (a) the total taxes exempted under the bylaw under section 844 plus (b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 369 for taxes in arrear: (3) A bylaw under section 844 that includes a provision under subsection (1) may not be adopted without the consent of the current owner of the eligible heritage property to which the bylaw applies. (4) If a bylaw under section 844 includes a provision under subsection (1), within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office in accordance with section 976. (5) If a bylaw under section 844 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either (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). (6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (1). (7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may (a) require the Surveyor of Taxes to add the amount referred to in subsection (1) to the taxes payable on the eligible heritage property, in which case section 599 (3) and (4) applies, or (b) make an agreement with the current owner regarding payment of the amount referred to in subsection (1) as a personal debt to the regional district. Exemptions for riparian property 845.1 (1) In this section and section 845.2: "eligible riparian property" means property that meets all the following requirements: (a) the property must be riparian land; (b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property; (c) the regional district granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made; (d) any other requirements prescribed under subsection (6); "eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of (a) the area of the eligible riparian property that is exempted under subsection (2) (a) to (b) the area of the parcel of land in relation to which the exemption is made. (2) Despite section 182 [prohibition against assistance to business] but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a board may, by bylaw 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 riparian property from taxation under this Part; (b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies; (c) make an exemption under this subsection subject to specified conditions. (3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area. (4) A bylaw under subsection (2) may provide a tax exemption (a) for the next calendar year, or (b) if the bylaw receives the assent of the electors or is approved by the electors in accordance with subsection (5), for a specified period not greater than 10 years. (5) Approval of the electors to a bylaw under subsection (2) is deemed to have been given if all the following requirements are met: (a) at least 30 days before adopting the bylaw, a notice is published in at least 2 issues of a newspaper (i) identifying the eligible riparian property that would be subject to the bylaw, (ii) describing the exemption that would be made for the eligible riparian property, and (iii) stating that the bylaw may be adopted by the board after 30 days unless more than 5% of the electors petition the board to obtain the assent of the electors to the bylaw; (b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the regional district offices during their regular office hours; (c) by the end of 30 days after the notice is first published under paragraph (a), 5% or fewer of the electors have petitioned the board to obtain the assent of the electors to the bylaw. (6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property. Repayment requirement in relation to riparian exemptions 845.2 (1) A bylaw under section 845.1 may provide that, if (a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given, (b) the covenant is discharged before the end of the period of the exemption, or (c) any other circumstances specified in the bylaw occur, the board may require the owner of the eligible riparian property at that time to pay to the regional district the amount referred to in subsection (2). (2) The amount that may be required under subsection (1) is the amount equivalent to (a) the total taxes exempted under the bylaw under section 845.1, plus (b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 369 for taxes in arrear. (3) A bylaw under section 845.1 that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible riparian property to which the bylaw applies. (4) If a bylaw under section 845.1 includes a provision under subsection (1), within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 applies. (5) If a bylaw under section 845.1 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either (a) require the owner to pay the amount referred to in subsection (2), or (b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2). (6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2). (7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may (a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible riparian property, or (b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district. Tax exemptions under a partnering agreement 845.3 (1) A board may, by bylaw, exempt from taxation under this Part, all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the regional district, during all or part of the term of the agreement. (2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose. (3) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for a period that by exercising rights of renewal or extension could exceed 5 years, then the board must provide a counter petition opportunity in relation to the proposed bylaw. (4) An exemption under this section takes effect as follows: (a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year; (b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year. (5) If, because of a change in the use or ownership of property exempted from taxation by bylaw under this section the property no longer meets the requirements for exemption, the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change. Inspection of regional districts 846 (1) Part 29 applies to a regional district and its board. (2) The council of a municipality or a director of an electoral area may make a complaint to the inspector regarding any bylaw, order, decision or action of the board. (3) If a complaint is received, the inspector, or a person authorized by the inspector, may hold an inquiry. (4) An inquiry under subsection (3) must be open to the public. (5) Section 1021 (3) and (4) applies to the person holding the inquiry under subsection (3). (6) The person holding the inquiry must report to the Lieutenant Governor in Council on the evidence adduced and the representations and argument made and must make recommendations. (7) The Lieutenant Governor in Council may, on receipt of the report referred to in subsection (6), make an order. (8) An order under subsection (7) is binding on the board. Legal proceedings 847 (1) The following apply to a regional district and its board: section 255 [indemnification against proceedings]; Division 1 of Part 7 [Proceedings by Municipality]; Division 2 of Part 7 [Proceedings against Municipality]; section 293 (2) and (3) [writ of execution against municipality]; section 294 [copy of writ to be left with municipal officer]; section 297 [officers of municipality as officers of court]; section 298 [certain municipal property exempt from seizure]. (2) The amount required by a board (a) for a payment authorized under section 255, (b) to satisfy a judgment or other order of a court against the regional district, or (c) to satisfy an award or other order of an arbitrator against the regional district must be apportioned among the participating areas on the same basis as the service out of which the action arose. (3) As an exception to subsection (2), if the action arose from the negligence of a board, the amount is to be apportioned in the same manner as that set out in section 820 (3). [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------

Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada This is not the official version. Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT — Continued [RSBC 1996] CHAPTER 323 Part 25 — Regional Growth Strategies Definitions 848 In this Part: "affected local government", in relation to a regional growth strategy, means a local government whose acceptance of the regional growth strategy is required under section 857; "converted value of land and improvements" means the converted value of land and improvements within the meaning of section 820; "facilitator", in relation to a regional growth strategy, means the facilitator designated by the minister under section 856; "improvement district board" means the board of trustees for an improvement district; "initiate", in relation to a regional growth strategy, means initiation under section 854; "municipality" includes the City of Vancouver; "official community plan" includes (a) an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985, (b) Part 1 of a rural land use bylaw, and (c) an official development plan under the Vancouver Charter; "regional context statement" means a regional context statement referred to in section 866; "regional matter" means a matter that involves coordination between or affects more than one municipality, more than one electoral area, or at least one of each, in a regional district. Division 1 — Application and Content of Regional Growth Strategy Purpose of regional growth strategy 849 (1) The purpose of a regional growth strategy is to promote human settlement that is socially, economically and environmentally healthy and that makes efficient use of public facilities and services, land and other resources. (2) Without limiting subsection (1), to the extent that a regional growth strategy deals with these matters, it should work towards but not be limited to the following: (a) avoiding urban sprawl and ensuring that development takes place where adequate facilities exist or can be provided in a timely, economic and efficient manner; (b) settlement patterns that minimize the use of automobiles and encourage walking, bicycling and the efficient use of public transit; (c) the efficient movement of goods and people while making effective use of transportation and utility corridors; (d) protecting environmentally sensitive areas; (e) maintaining the integrity of a secure and productive resource base, including the agricultural and forest land reserves; (f) economic development that supports the unique character of communities; (g) reducing and preventing air, land and water pollution; (h) adequate, affordable and appropriate housing; (i) adequate inventories of suitable land and resources for future settlement; (j) protecting the quality and quantity of ground water and surface water; (k) settlement patterns that minimize the risks associated with natural hazards; (l) preserving, creating and linking urban and rural open space including parks and recreation areas; (m) planning for energy supply and promoting efficient use, conservation and alternative forms of energy; (n) good stewardship of land, sites and structures with cultural heritage value. Content of regional growth strategy 850 (1) A board may adopt a regional growth strategy for the purpose of guiding decisions on growth, change and development within its regional district. (2) A regional growth strategy must cover a period of at least 20 years from the time of its initiation and must include the following: (a) a comprehensive statement on the future of the region, including the social, economic and environmental objectives of the board in relation to the regional district; (b) population and employment projections for the period covered by the regional growth strategy; (c) to the extent that these are regional matters, actions proposed for the regional district to provide for the needs of the projected population in relation to (i) housing, (ii) transportation, (iii) regional district services, (iv) parks and natural areas, and (v) economic development. (3) In addition to the requirements of subsection (2), a regional growth strategy may deal with any other regional matter. (4) A regional growth strategy may include any information, maps, illustrations or other material. Area to which regional growth strategy applies 851 (1) Unless authorized under subsection (2) or required under section 852, a regional growth strategy must apply to all of the regional district for which it is adopted. (2) On request by the applicable board or boards, the minister may authorize a regional growth strategy that (a) applies to only part of a regional district, or (b) is developed jointly by 2 or more regional districts to apply to all or parts of those regional districts. (3) The minister may establish terms and conditions for a regional growth strategy authorized under subsection (2) or required under section 852. (4) If the minister considers this necessary or advisable for a regional district service in relation to a regional growth strategy referred to in subsection (3), the minister may by order give directions respecting the operation of the service, sharing of costs, voting on bylaws and resolutions relating to the service, the intergovernmental advisory committee and other matters relating to the regional growth strategy. (5) To the extent of any inconsistency between this Act and an order under subsection (4), the order prevails. Requirement to adopt regional growth strategy 852 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by regulation, do one or both of the following: (a) designate areas for which a regional growth strategy must be developed and adopted; (b) specify a time within which the regional growth strategy must be adopted. (2) The minister must not make a recommendation referred to in subsection (1) unless, in the opinion of the minister, the area to which the regional growth strategy is proposed to apply has been experiencing significant change in its population, its economic development or an aspect of growth or development that involves coordination between local governments or affects more than one local government. Division 2 — Preparation and Adoption Procedures Requirements for adoption 853 (1) The following are required before a regional growth strategy is adopted: (a) the regional growth strategy must be initiated in accordance with section 854; (b) consultation must be conducted in accordance with section 855; (c) the regional growth strategy must be accepted by affected local governments in accordance with section 857. (2) As an exception to subsection (1) (c), a regional growth strategy may be adopted without acceptance in relation to a specific provision if (a) the provision is included on the basis that it is not binding on the jurisdiction of a local government that has refused to accept it, and (b) the board considers that it is not essential to the regional growth strategy that the provision apply to that jurisdiction. (3) A provision included under subsection (2) becomes binding on a jurisdiction if, at any time after adoption of the regional growth strategy, the local government for the jurisdiction indicates to the board that it accepts the provision. (4) This Part, as it applies to the initiation, development and adoption of a regional growth strategy, applies to the amendment and repeal of a regional growth strategy. Initiation of regional growth strategy process 854 (1) The preparation of a regional growth strategy must be initiated by resolution of the board. (2) If a regional growth strategy is to apply to less than the entire regional district or is to be prepared jointly with another regional district, this must be authorized under section 851 (2) or required under section 852 before the regional growth strategy is initiated. (3) If, at the time of initiation, the board proposes to deal with an additional regional matter referred to in section 850 (3), the initiating resolution must identify the matter. (4) The proposing board must give written notice of an initiation under this section to affected local governments and to the minister. Consultation during development of regional growth strategy 855 (1) During the development of a regional growth strategy, (a) the proposing board must provide opportunity for consultation with persons, organizations and authorities who the board considers will be affected by the regional growth strategy, and (b) the board and the affected local governments must make all reasonable efforts to reach agreement on a proposed regional growth strategy. (2) For the purposes of subsection (1) (a), as soon as possible after the initiation of a regional growth strategy, the board must adopt a consultation plan that, in the opinion of the board, provides opportunities for early and ongoing consultation with, at a minimum, (a) its citizens, (b) affected local governments, (c) first nations, (d) school district boards, greater boards and improvement district boards, and (e) the Provincial and federal governments and their agencies. (3) A failure to comply with a consultation plan under subsection (2) does not invalidate the regional growth strategy as long as reasonable consultation has been conducted. (4) After second reading and before the regional growth strategy is submitted for acceptance under section 857, the board or a delegated panel of the board must conduct a public hearing that provides an opportunity for individuals and organizations to make their views known regarding the regional growth strategy. (5) The minister may make regulations respecting the procedure to be used for hearings under subsection (4). (6) For certainty, at any time during the development of a regional growth strategy, additional regional matters may be included in accordance with section 850 (3). Facilitation of agreement during development of regional growth strategy 856 (1) The minister may appoint facilitators for the purposes of this Part, whose responsibilities are (a) to monitor and assist local governments in reaching agreement on the acceptance of regional growth strategies during their development by (i) facilitating negotiations between the local governments, (ii) facilitating the resolution of anticipated objections, (iii) providing assistance to local governments in setting up and using non- binding resolution processes, and (iv) facilitating the involvement of the Provincial and federal governments and their agencies, first nations, school district boards, greater boards and improvement district boards, and (b) to assist local governments in entering into implementation agreements under section 868. (2) On being notified that a regional growth strategy has been initiated, the minister may designate a person appointed under subsection (1) as the facilitator responsible in relation to the regional growth strategy. (3) At any time until the end of the period for acceptance or refusal under section 857 (4) (b), the facilitator is to provide assistance referred to in subsection (1) (a) of this section if requested to do so (a) by the proposing board or an affected local government, or (b) by an electoral area director of the proposing board, if the request is supported by at least 2 other directors. (4) Once a facilitator becomes involved under subsection (3), the proposing board and affected local governments must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities. Acceptance by affected local governments required 857 (1) Before it is adopted, a regional growth strategy must be accepted by the affected local governments or, failing acceptance, become binding on the affected local governments under section 860 (6). (2) Acceptance of a regional growth strategy by an affected local government must be done by resolution of the local government. (3) For the purposes of this section, after the public hearing under section 855 (4) and before third reading of the bylaw to adopt a regional growth strategy, the board must submit the regional growth strategy to (a) the council of each municipality all or part of which is covered by the regional growth strategy, (b) the board of each regional district that is adjoining an area to which the regional growth strategy is to apply, and (c) the facilitator or, if no facilitator for the regional growth strategy has been designated, the minister. (4) After receiving a proposed regional growth strategy under subsection (3), each affected local government must (a) review the regional growth strategy in the context of any community plans and regional growth strategies for its jurisdiction, both those that are current and those that are in preparation, and in the context of any other matters that affect its jurisdiction, and (b) subject to an extension under section 858 (3), within 120 days of receipt either (i) accept the regional growth strategy, or (ii) respond, by resolution, to the proposing board indicating that the local government refuses to accept the regional growth strategy. (5) An acceptance under subsection (4) (b) becomes effective (a) when all affected local governments have accepted the regional growth strategy, or (b) at the end of the period for acceptance or refusal under that subsection if, at the end of that period, all affected local governments have not accepted the regional growth strategy. (6) If an affected local government fails to act under subsection (4) (b) within the period for acceptance or refusal, the local government is deemed to have accepted the regional growth strategy. (7) If an affected local government refuses to accept the regional growth strategy, its resolution under subsection (4) (b) (ii) must also indicate (a) each provision to which it objects, (b) the reasons for its objection, and (c) whether it is willing that a provision to which it objects be included in the regional growth strategy on the basis that the provision will not apply to its jurisdiction, as referred to in section 853 (2). (8) All affected local governments are entitled to participate in any non- binding resolution processes used to resolve an objection or anticipated objection by an affected local government. Resolution of anticipated objections 858 (1) Before the end of the 120 days referred to in section 857 (4) (b), the facilitator may require the proposing board and the affected local governments to identify any issues on which they anticipate that acceptance may not be reached. (2) If an issue is identified under subsection (1), (a) the facilitator may require the proposing board and the affected local governments to send representatives to a meeting convened by the facilitator for the purpose of clarifying the issues involved and encouraging their resolution, and (b) the proposing board and the affected local governments must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities. (3) For the purposes of this section, the facilitator may extend the period for acceptance or refusal under section 857 (4) (b). Resolution of refusal to accept 859 (1) The proposing board must notify the minister in writing if an affected local government refuses to accept a proposed regional growth strategy. (2) After being notified under subsection (1), the minister must (a) require a non-binding resolution process to attempt to reach acceptance on the regional growth strategy, specifying a time period within which the parties must begin the resolution process, or (b) if satisfied that resolution using a non-binding resolution process under paragraph (a) is unlikely, direct that the regional growth strategy is to be settled under section 860. (3) The choice of non-binding resolution process is to be determined by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy but, if the minister considers that these parties will not be able to reach agreement, the minister must direct which process is to be used. (4) Any affected local government may participate in a non-binding resolution process under this section. (5) Unless otherwise agreed by these parties, the fees of any neutral person participating in the non-binding resolution process and the administrative costs of the process, other than the costs incurred by the parties participating in the process, are to be shared proportionally between the proposing board and the affected local governments that participate in the process on the basis of the converted value of land and improvements in their jurisdictions. (6) If changes to a regional growth strategy are proposed as a result of a resolution process under subsection (2) (a), the regional growth strategy must be submitted again to the affected local governments for acceptance in accordance with section 857. (7) If acceptance is not reached within 60 days after a non-binding resolution process under this section is concluded, the regional growth strategy must be settled under section 860 unless the proposing board and the affected local governments can reach an agreement on the provisions of the regional growth strategy before the settlement process is completed. Settlement of regional growth strategy 860 (1) If acceptance by affected local governments cannot otherwise be reached under this Part, the regional growth strategy is to be settled by one of the following: (a) peer panel settlement in accordance with section 861 (1); (b) final proposal arbitration in accordance with section 861 (2); (c) full arbitration in accordance with section 861 (3). (2) If more than one affected local government has refused to accept a regional growth strategy, whether the refusals are in relation to the same or different issues, the regional growth strategy is to be settled for all affected local governments in the same settlement proceedings. (3) The choice of process for settlement is to be determined by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy but, if the minister considers that these parties will not be able to reach agreement, the minister must direct which process is to be used. (4) Any affected local government may participate in a settlement process under section 861. (5) During the 60 days after the provisions of a regional growth strategy are settled under section 861, the proposing board and the affected local governments may agree on the acceptance of a regional growth strategy that differs from the one settled. (6) At the end of the period under subsection (5), unless agreement is reached as referred to in that subsection, the provisions of a regional growth strategy as settled under section 861 become binding on the proposing board and all affected local governments, whether or not they participated in the settlement process. Options for settlement process 861 (1) As one option, the provisions of a regional growth strategy may be settled by a peer panel as follows: (a) the panel is to be composed of 3 persons selected from the applicable list prepared under section 862 (1); (b) the selection of the panel is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister; (c) subject to the regulations, the panel may conduct the proceedings in the manner it determines; (d) the panel must settle the disputed issues of the regional growth strategy and may make any changes to the provisions of the regional growth strategy that it considers necessary to resolve those issues; (e) the panel must give written reasons for its decision if this is requested by the proposing board or an affected local government before the panel retires to make its decision. (2) As a second option, the provisions of a regional growth strategy may be settled by final proposal arbitration by a single arbitrator as follows: (a) the arbitrator is to be selected from the applicable list prepared under section 862 (1); (b) the selection of the arbitrator is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister; (c) subject to the regulations, the arbitrator must conduct the proceedings on the basis of a review of written documents and written submissions only, and must determine each disputed issue by selecting one of the final written proposals for resolving that issue submitted by one of the participating parties; (d) the provisions of the regional growth strategy will be as settled by the arbitrator after incorporation of the final proposals selected by the arbitrator under paragraph (c); (e) no written reasons are to be provided by the arbitrator. (3) As a third option, the provisions of a regional growth strategy may be settled by full arbitration by a single arbitrator as follows: (a) the arbitrator is to be selected from the applicable list prepared under section 862 (1); (b) the selection of the arbitrator is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister; (c) subject to the regulations, the arbitrator may conduct the proceedings in the manner he or she determines; (d) the provisions of the regional growth strategy will be as settled by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues; (e) the arbitrator must give written reasons for the decision. General provisions regarding settlement process 862 (1) Lists of persons who may act on a panel under section 861 (1), as an arbitrator under section 861 (2) or as an arbitrator under section 861 (3) are to be prepared by the minister in consultation with representatives of the Union of British Columbia Municipalities. (2) Persons who may be included on a list for a panel under section 861 (1) are persons who are or have been elected officials of a local government or who, in the opinion of the minister, have appropriate experience in relation to local government matters. (3) In the case of a specific regional growth strategy, a person may not be appointed to a panel or as an arbitrator if the person is, or was at any time since the regional growth strategy was initiated, an elected official of the proposing board or of an affected local government for the regional growth strategy. (4) Subject to a direction by the panel or arbitrator or to an agreement between the parties, the fees and reasonable and necessary expenses of the members of a peer panel or arbitrator and the administrative costs of the process, other than the costs incurred by the parties participating in the process, are to be shared proportionally between the proposing board and the affected local governments that participate in the process on the basis of the converted value of land and improvements in their jurisdictions. (5) The directors of the electoral areas to which the regional growth strategy is proposed to apply and the Provincial government may make representations in the settlement process, subject to any conditions set by the panel or arbitrator. (6) The time limit for bringing any judicial review of a decision of a panel or arbitrator under section 861 is the end of the period for agreement under section 860 (5). (7) The minister may make regulations regarding settlement processes under section 861, which may be different for different settlement processes, including regulations respecting the authority of a panel or arbitrator in settling a regional growth strategy and requiring the cooperation of local governments in relation to the settlement processes. Adoption of regional growth strategy 863 (1) A regional growth strategy must be adopted by bylaw. (2) As soon as practicable after adopting a regional growth strategy, the board must send a copy of the regional growth strategy to (a) the affected local governments, (b) any greater boards and improvement districts within the regional district, and (c) the minister. Requirement to adopt finalized regional growth strategy 864 (1) If a proposed regional growth strategy has been accepted by the affected local governments or has become binding under section 860 (6), but has not been adopted by the proposing board, on the recommendation of the minister, the Lieutenant Governor in Council may, by order, specify a time by which the board must adopt the regional growth strategy. (2) If the board does not adopt the regional growth strategy within the period specified under subsection (1), the Lieutenant Governor in Council may, by order, deem the regional growth strategy to have been adopted by the board, in which case it applies as if it had been adopted by a valid bylaw of the board. Division 3 — Effect of Regional Growth Strategy Regional district must conform with regional growth strategy 865 (1) All bylaws adopted by a regional district board after the board has adopted a regional growth strategy, and all works and services undertaken by a regional district after the board has adopted a regional growth strategy, must be consistent with the regional growth strategy. (2) All bylaws adopted by a greater board or an improvement district board after the adoption of a regional growth strategy applicable to its jurisdiction, and all works and services provided by a greater board or an improvement district board after the adoption of a regional growth strategy applicable to its jurisdiction, must be consistent with the regional growth strategy. (3) A regional growth strategy does not commit or authorize a regional district, municipality, greater board or improvement district to proceed with any project that is specified in the regional growth strategy. Requirement for regional context statements in municipal official community plans 866 (1) If a regional growth strategy applies to all or part of the same area of a municipality as an official community plan, the official community plan must include a regional context statement that is accepted in accordance with this section by the board of the regional district for which the regional growth strategy is adopted. (2) A regional context statement under subsection (1) must specifically identify (a) the relationship between the official community plan and the matters referred to in section 850 (2) and any other regional matters included under section 850 (3), and (b) if applicable, how the official community plan is to be made consistent with the regional growth strategy over time. (3) A regional context statement under subsection (1) and the rest of the official community plan must be consistent. (4) The council must (a) submit a proposed regional context statement required under this section for acceptance by the board, (b) submit any amendments to the regional context statement for acceptance by the board, and (c) review the regional context statement at least once every 5 years after its latest acceptance by the board and, if no amendment is proposed, submit the statement to the board for its continued acceptance. (5) For the purpose of subsection (4), the board must respond by resolution within 120 days after receipt indicating whether or not it accepts the regional context statement or amendment and, if the board refuses to accept the regional context statement or amendment, indicating (a) each provision to which it objects, and (b) the reasons for its objection. (6) If the board fails to act under subsection (5) within the period for acceptance or refusal under that subsection, the board is deemed to have accepted the regional context statement or amendment. (7) Sections 859 to 862 and 864 apply regarding the acceptance and adoption of a regional context statement. (8) After a regional growth strategy is adopted, the requirement under subsection (1) must be fulfilled by the applicable council submitting a proposed regional context statement to the board within 2 years after the regional growth strategy is adopted. Division 4 — General Intergovernmental advisory committees 867 (1) A board may establish an intergovernmental advisory committee for its regional district and must establish an intergovernmental advisory committee for its regional district when a regional growth strategy is initiated. (2) The role of an intergovernmental advisory committee is (a) to advise the applicable local governments on the development and implementation of the regional growth strategy, and (b) to facilitate coordination of Provincial and local government actions, policies and programs as they relate to the development and implementation of the regional growth strategy. (3) The membership of an intergovernmental advisory committee is to include the following: (a) the planning director of the regional district, or another official appointed by the board; (a.1) for the purposes of an intergovernmental advisory committee established in the Greater Vancouver Regional District, the planning director of the Greater Vancouver Transportation Authority or another official appointed by the board of directors of that authority; (b) the planning director, or another official appointed by the applicable council, of each municipality all or part of which is covered by the regional growth strategy; (c) senior representatives of the Provincial government and Provincial government agencies and corporations, determined by the minister after consultation with the board; (d) representatives of other authorities and organizations if invited to participate by the board. Implementation agreements 868 (1) Without limiting section 176 [corporate powers], a local government may enter into agreements respecting the coordination of activities relating to the implementation of a regional growth strategy. (2) For the purposes of this section, the Provincial government may enter into agreements under subsection (1) respecting Provincial commitments to act consistently with a regional growth strategy and to take actions necessary to implement a regional growth strategy. (3) In addition to agreements with the Provincial government and its agencies, agreements under subsection (1) may be made with the federal government and its agencies, other local governments, first nations, school district boards, greater boards, the Greater Vancouver Transportation Authority, improvement district boards and other local authorities. Regular reports and review of regional growth strategy 869 (1) A regional district that has adopted a regional growth strategy must (a) establish a program to monitor its implementation and the progress made towards its objectives and actions, and (b) prepare an annual report on that implementation and progress. (2) At least once every 5 years, a regional district that has adopted a regional growth strategy must consider whether the regional growth strategy must be reviewed for possible amendment. (3) For the purposes of subsection (2), the regional district must provide an opportunity for input on the need for review from the persons, organizations and authorities referred to in section 855 (2). Provincial policy guidelines 870 (1) The minister may establish policy guidelines regarding the process of developing and adopting regional growth strategies and official community plans. (2) The minister, or the minister together with other ministers, may establish policy guidelines regarding the content of regional growth strategies and official community plans. (3) Guidelines under subsection (1) or (2) may only be established after consultation by the minister with representatives of the Union of British Columbia Municipalities. Minister may require official community plans and land use bylaws 871 After a regional growth strategy has been adopted, the minister may require a municipality or regional district to adopt, within a time specified by the minister, an official community plan, a rural land use bylaw, a zoning bylaw or a subdivision servicing bylaw for an area that is covered by the regional growth strategy and to which no such plan or bylaw currently applies. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------

Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada This is not the official version. Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT — Continued [RSBC 1996] CHAPTER 323 Part 26 — Management of Development Division 1 — General Definitions 872 In this Part: "adopt", in relation to a bylaw or an official plan, includes an amendment or repeal; "density", in relation to land, a parcel of land or an area, means (a) the density of use of the land, parcel or area, or (b) the density of use of any buildings and structures located on the land or parcel, or in the area; "farm business", "farm operation" and "farmer" have the same meanings as in the Farm Practices Protection (Right to Farm) Act; "farming area" means an area of land that (a) is in an agricultural land reserve, or (b) is affected by a valid and subsisting licence, for aquaculture, under the Fisheries Act; "rural land use bylaw" means a bylaw adopted under Division 3 of this Part; "subdivision" means (a) a subdivision as defined in the Land Title Act, and (b) a subdivision under the Condominium Act. Powers may be exercised by comprehensive bylaw 873 (1) A local government may exercise its powers under Divisions 4 to 11 of this Part by the adoption of a single bylaw. (2) If a single bylaw is adopted under subsection (1), amendments to that bylaw that are (a) made under powers in this Part, and (b) are not amendments authorized under section 903, may be made without complying with the public hearing and notice provisions of Divisions 4 and 5 of this Part. Ministerial orders 874 (1) If a bylaw has been enacted by a local government under Division 2, 3, 7, 9 or 11 of this Part, and the minister believes that all or part of the bylaw is contrary to the public interest of British Columbia, the minister may notify the local government (a) of the minister's objections to the bylaw or a plan, and (b) that the council or the board must, within 90 days after receipt of the notice, alter the bylaw or plan accordingly. (2) If the local government does not alter the bylaw or plan in accordance with the notice, the minister may, with the prior approval of the Lieutenant Governor in Council, order the bylaw or plan to be altered in accordance with the notice. (3) On the date of an order of the minister under subsection (2), the bylaw or plan is conclusively deemed to be altered in accordance with the notice. (4) An order of the minister under subsection (2) is final and binding. Division 2 — Official Community Plans Application of community plans 875 (1) A local government may adopt one or more community plans for one or more areas. (2) An official community plan of a municipality applies to land in the municipality that is designated in the plan as being covered by that plan. (3) An official community plan applies to the area outside of a municipality that is designated in the plan as being covered by the plan. General content of community plans 876 (1) A community plan is a general statement of the broad objectives and policies of the local government respecting the form and character of existing and proposed land use and servicing requirements in the area covered by the plan. (2) To the extent that an official community plan deals with these matters, it should work towards the purpose and goals referred to in section 849. (3) A community plan must be in writing and may include plans, maps, tables or other graphic material. Required content 877 (1) A community plan must include statements and map designations for the area covered by the plan respecting the following: (a) the approximate location, amount, type and density of residential development required to meet anticipated housing needs over a period of at least 5 years; (b) the approximate location, amount and type of present and proposed commercial, industrial, institutional, agricultural, recreational and public utility land uses; (c) the approximate location and area of sand and gravel deposits that are suitable for future sand and gravel extraction; (d) restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development; (e) the approximate location and phasing of any major road, sewer and water systems; (f) the approximate location and type of present and proposed public facilities, including schools, parks and waste treatment and disposal sites; (g) other matters that may, in respect of any plan, be required or authorized by the minister. (2) A community plan must include housing policies of the local government respecting affordable housing, rental housing and special needs housing. Policy statements in community plans 878 (1) A community plan may include the following: (a) policies of the local government relating to social needs, social well-being and social development; (b) a regional context statement, consistent with the rest of the community plan, of how matters referred to in section 850 (2) (a) to (c), and other matters dealt with in the community plan, apply in a regional context; (c) policies of the local government respecting the maintenance and enhancement of farming on land in a farming area or in an area designated for agricultural use in the community plan; (d) policies of the local government relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity. (2) If a local government proposes to include a matter in a community plan, the regulation of which is not within the jurisdiction of the local government, the plan may only state the broad objective of the local government with respect to that matter unless the minister has, under 877 (1) (g), required or authorized the local government to state a policy with respect to that matter. Designation of permit areas 879 (1) For the purposes of section 920, a community plan may designate areas for one or more of the following: (a) protection of the natural environment, its ecosystems and biological diversity; (b) protection of development from hazardous conditions; (c) protection of farming; (d) revitalization of an area in which a commercial use is permitted; (e) establishment of objectives and the provision of guidelines for the form and character of commercial, industrial or multi-family residential development. (2) With respect to areas designated under subsection (1), the community plan must (a) describe the special conditions or objectives that justify the designation, and (b) specify guidelines respecting the manner by which the special conditions or objectives will be addressed. (3) If a community plan designates areas under subsection (1), the plan may, with respect to those areas, specify conditions under which a development permit under section 920 (1) would not be required. (4) For the purposes of section 921, a community plan may designate areas where temporary commercial and industrial uses may be allowed and may specify general conditions regarding the issue of temporary commercial and industrial use permits in those areas. Designation of development approval information areas or circumstances 879.1 (1) For the purposes of section 920.1, a community plan may do one or more of the following: (a) specify circumstances in which development approval information may be required under that section; (b) designate areas for which development approval information may be required under that section; (c) designate areas for which, in specified circumstances, development approval information may be required under that section. (2) A community plan that specifies circumstances or designates areas under subsection (1) must describe the special conditions or objectives that justify the specification or designation. Designation of heritage conservation areas 880 (1) For the purposes of heritage conservation, a community plan may designate an area as a heritage conservation area to which section 971 (1) applies. (2) If a heritage conservation area is designated under subsection (1), the community plan must (a) describe the special features or characteristics that justify the designation, (b) state the objectives of the designation, and (c) specify guidelines respecting the manner by which the objectives are to be achieved. (3) If a heritage conservation area is designated under subsection (1), the community plan may do one or more of the following: (a) specify conditions under which section 971 (1) does not apply to property within the area, which may be different for different properties or classes of properties; (b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act; (c) for the purposes of section 971 (3) identify features or characteristics that contribute to the heritage value or heritage character of the area. (4) At least 10 days before the public hearing on a community plan that includes a schedule under subsection (3) (b), the local government must give notice in accordance with section 974 to the owner of each property included in the schedule that is not already included in the schedule. (5) Within 30 days after the adoption of a bylaw that includes a property in or deletes a property from a schedule under subsection (3) (b) to an official community plan, the local government must (a) file a notice in the land title office in accordance with section 976, and (b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 977. Planning of school facilities 881 (1) If a local government has adopted or proposes to adopt or amend a community plan for an area that includes the whole or any part of one or more school districts, the local government must consult with the school boards for those school districts (a) at the time of preparing or amending the community plan, and (b) in any event, at least once in each calendar year. (2) For consultation under subsection (1), the local government must seek the input of the school boards as to the following: (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; (e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area. Adoption procedures for municipalities 882 (1) A council may adopt a community plan by bylaw. (2) Each reading of the bylaw must receive an affirmative vote of a majority of all council members. (3) After first reading of a bylaw adopting a community plan, the council must, in sequence, do the following: (a) examine the plan in conjunction with (i) its most recent capital expenditure program under section 329, and (ii) any waste management plan or economic strategy plan that is applicable in the municipality to ensure consistency between them; (b) if the plan includes a regional context statement under section 878 (1) (b), refer the statement to the board of the regional district of which the municipality is a member for comment; (c) if the plan applies to land in an agricultural land reserve established under the Agricultural Land Commission Act, refer the plan to the Provincial Agricultural Land Commission for comment; (d) if the plan affects an area of an adjoining municipality, refer the plan to the council of that municipality for comment; (e) if the plan affects (i) an area of a regional district, outside of a municipality, of which it is a member, or (ii) a service of that regional district, refer the plan to the board of that regional district for comment. (4) The minister may make regulations (a) defining areas for which and describing circumstances in which subsection (3) (c) does not apply, and (b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by the minister. (5) Before the council gives third reading to a bylaw adopting a community plan and at least 20 days after it has referred the plan under subsection (3) (d) or (e), the council must hold a public hearing on the proposed community plan. (6) Sections 890 to 894 apply to the holding of a public hearing under subsection (5). (7) After the bylaw adopting the plan has received final reading, the plan is an official community plan of that municipality. Adoption procedures for regional districts 883 (1) Section 882 applies to the adoption of a community plan in a regional district with the following changes: (a) if the plan affects an area of an adjoining municipality or regional district, the board must refer the plan to the council or board of that municipality or regional district for comment; (b) subject to subsection (2), after third reading of the bylaw adopting the plan, the board must submit to the minister (i) the results of its examination under section 882 (3), and (ii) any comments received after it referred the plan under paragraph (a); (c) subject to subsection (2), until the minister has approved the plan, the board must not give final reading to the bylaw adopting it and the plan has no effect; (d) section 791 applies respecting the entitlement of members of the board who may vote on all readings of the bylaw. (2) The minister may make regulations (a) defining areas for which and describing circumstances in which subsection (1) (b) and (c) does not apply, and (b) providing that an exception under paragraph (a) is to be subject to the terms and conditions specified by the minister. (3) Regulations under subsection (2) may be different for different regional districts, different areas and different circumstances. Effect of official community plans 884 (1) An official community plan does not commit or authorize a municipality, regional district or improvement district to proceed with any project that is specified in the plan. (2) All bylaws enacted or works undertaken by a council, board or greater board, or by the trustees of an improvement district, after the adoption of (a) an official community plan, or (b) an official community plan under section 711 of the Municipal Act, R.S.B.C. 1979, c. 290, or an official settlement plan under section 809 of that Act before the repeal of those sections became effective, must be consistent with the relevant plan. Petition to board for repeal of community plan 885 (1) The electors within an area covered by an official community plan in a regional district or an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985, may petition the board (a) to alter the area of application of the plan, and (b) to either (i) replace the plan and existing zoning and subdivision bylaws in that area with a rural land use bylaw, or (ii) not replace the plan with a rural land use bylaw. (2) A petition under subsection (1) must specify the (a) purpose of the petition, and (b) area to which the petition relates. (3) Section 241 [petitions to council] applies to a petition under this section. Division 3 — Rural Land Use Bylaws Rural land use bylaws 886 (1) A board may adopt one or more rural land use bylaws for one or more areas. (2) A rural land use bylaw applies to the area outside of a municipality that is designated in the plan as being covered by the bylaw. Content of rural land use bylaw 887 (1) A rural land use bylaw must be in 2 parts as described in this section. (2) Part 1 of a rural land use bylaw is a general statement of the broad objectives and policies of the board respecting present and proposed land use and development in the area covered by the plan, including the description of areas where and under what conditions, for the purposes of section 921, temporary commercial or industrial uses will be allowed. (3) Part 2 of a rural land use bylaw implements Part 1 of the bylaw and may contain provisions, regulations and maps respecting the following: (a) the location of areas for residential, commercial, industrial, institutional, agricultural, recreational or public utility land uses; (b) the density of the use of land; (c) the conservation of an area considered by the board to have heritage value or heritage character; (d) conditions, requirements and restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development; (e) the approximate location and phasing of major road systems; (f) the area, including minimum and maximum sizes, of parcels of land to be created by subdivision; (g) servicing standards required for land use designations under paragraph (a); (h) the siting of buildings and structures; (i) other matters that may, in respect of any rural land use bylaw, be required or authorized by the minister. (4) The power in subsection (3) to regulate includes the power to prohibit any use or uses in any area or areas. (5) To the extent that Part 1 of a rural land use bylaw deals with these matters, it should work towards the purpose and goals referred to in section 849. (6) If a board proposes to include a matter in Part 1 of a rural land use bylaw, the regulation of which is not within the jurisdiction of the board, that Part must only state the broad objectives of the board with respect to that matter unless the minister has required or authorized the board to state a policy with respect to that matter. (7) Part 1 of a rural land use bylaw may include a regional context statement, consistent with the rest of the Part, of how matters referred to in section 850 (2) (a) to (c), and other matters dealt with in that Part, apply in a regional context. (8) Despite section 886 and subsections (3) and (4) of this section, a board must not exercise the powers under those subsections to prohibit or restrict the use of land for a farm business in a farming area, unless the board receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act. Adoption procedures 888 (1) Section 883 applies to the adoption and approval of a rural land use bylaw other than an amendment to Part 2 of the bylaw. (2) Section 913 (1) and (2) applies to a bylaw that amends Part 2 of a rural land use bylaw. Effect of rural land use bylaw 889 (1) Part 1 of a rural land use bylaw has the same effect as an official community plan. (2) Part 2 of a rural land use bylaw has the same effect as a zoning bylaw or a subdivision servicing bylaw, as the case may be. Division 4 — Public Hearings on Bylaws Public hearings 890 (1) Subject to subsection (4), a local government must not adopt a community plan bylaw, rural land use bylaw or zoning bylaw without holding a public hearing on the bylaw for the purpose of allowing the public to make representations to the local government respecting matters contained in the proposed bylaw. (2) The public hearing must be held after first reading of the bylaw and before third reading. (3) At the public hearing all persons who believe that their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw that is the subject of the hearing. (4) A local government may waive the holding of a public hearing on a proposed bylaw if (a) an official community plan is in effect for the area that is subject to a proposed zoning bylaw, and (b) the proposed bylaw is consistent with the plan. (5) More than one bylaw may be included in one notice of public hearing, and more than one bylaw may be considered at a public hearing. (6) A written report of each public hearing, containing a summary of the nature of the representations respecting the bylaw that were made at the hearing, must be prepared and maintained as a public record. (7) A report under subsection (6) must be certified as being fair and accurate by the person preparing the report and, if applicable, by the person to whom the hearing was delegated under section 891. (8) A public hearing may be adjourned and no further notice of the hearing is necessary if the time and place for the resumption of the hearing is stated to those present at the time the hearing is adjourned. (9) Despite section 257, a council may adopt an official community plan or zoning bylaw at the same meeting at which the plan or bylaw passed third reading. Delegating the holding of public hearings 891 (1) If, under section 176 (1) (e) [corporate powers -- delegation], a local government makes a delegation in relation to one or more public hearings, (a) that delegation does not apply to a hearing unless the notice of hearing under section 892 includes notice that the hearing is to be held by a delegate, and (b) the resolution or bylaw making the delegation must be available for public inspection along with copies of the bylaw referred to in section 892 (2) (e). (2) If the holding of a public hearing is delegated, the local government must not adopt the bylaw that is the subject of the hearing until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing. Notice of public hearing 892 (1) If a public hearing is to be held under section 890 (1), the local government must give notice of the hearing (a) in accordance with this section, and (b) in the case of a public hearing on a community plan that includes a schedule under section 880 (3) (b), in accordance with section 974. (2) The notice must state the following: (a) the time and date of the hearing; (b) the place of the hearing; (c) in general terms, the purpose of the bylaw; (d) the land or lands that are the subject of the bylaw; (e) the place where and the times and dates when copies of the bylaw may be inspected. (3) The notice must be published in at least 2 consecutive issues of a newspaper, the last publication to appear not less than 3 and not more than 10 days before the public hearing. (4) If the bylaw in relation to which the notice is given alters the permitted use or density of any area, the notice must (a) subject to subsection (5), include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads if applicable, and (b) be mailed or otherwise delivered at least 10 days before the public hearing (i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and (ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice, of all parcels, any part of which is the subject of the bylaw alteration or is within a distance specified by bylaw from that part of the area that is subject to the bylaw alteration. (5) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner. (6) The obligation to deliver a notice under subsection (4) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice. (7) Subsection (4) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration. (8) In respect of public hearings being held under section 890 (1) or waived under section 890 (4), a local government may, by bylaw, (a) require the posting of a notice on land that is the subject of a bylaw, and (b) specify the size, form and content of the notice and the manner in which and the locations where it must be posted. (9) Specifications under subsection (8) (b) may be different for different areas, zones, uses within a zone and parcel sizes. Notice if public hearing waived 893 (1) If a local government waives the holding of a public hearing under section 890 (4), it must give notice in accordance with this section. (2) The notice must state (a) in general terms, the purpose of the bylaw, (b) the land or lands that are the subject of the bylaw, and (c) the place where and the times and dates when copies of the bylaw may be inspected. (3) The notice must be published in at least 2 consecutive issues of a newspaper, the last publication to appear not less than 3 and not more than 10 days before the bylaw is given third reading. (4) If the bylaw alters the permitted use or density of any area, the notice must (a) subject to subsection (5), include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads if applicable, and (b) be mailed or otherwise delivered at least 10 days before the bylaw is to be given third reading (i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and (ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice, of all parcels, any part of which is the subject of the bylaw alteration or is within a distance specified by bylaw from that part of the area that is subject to the bylaw alteration. (5) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner. (6) The obligation to deliver a notice under subsection (4) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice. (7) Subsection (4) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration. Procedure after a public hearing 894 (1) After a public hearing, the council or board may, without further notice or hearing, (a) adopt or defeat the bylaw, or (b) alter and then adopt the bylaw, provided that the alteration does not (i) alter the use, (ii) increase the density, or (iii) without the owner's consent, decrease the density of any area from that originally specified in the bylaw. (2) A member of a council or board who (a) is entitled to vote on a bylaw, and (b) was not present at the public hearing may vote on the adoption of a bylaw that was the subject of a public hearing, provided that an oral or written report of the public hearing has been given to the member by an officer or employee of the local government or a director who held a hearing delegated under section 891. (3) After a public hearing under section 890 (1) or third reading following notice under section 893, a court must not quash or declare invalid the bylaw on the grounds that an owner or occupier (a) did not see or receive the notice under section 892 or 893, if the court is satisfied that there was a reasonable effort to mail or otherwise deliver the notice, or (b) who attended the public hearing or who can otherwise be shown to have been aware of the hearing, did not see or receive the notice, and was not prejudiced by not seeing or receiving it. Division 5 — Public Information and Advisory Commission Development approval procedures 895 (1) A local government that has adopted an official community plan, a zoning bylaw or a rural land use bylaw must, by bylaw, define procedures under which an owner of land may apply for an amendment to the plan or bylaw or for the issue of a permit under this Part. (2) A local government must consider every application for (a) an amendment to a plan or bylaw referred to in subsection (1), or (b) the issue of a permit under this Part that requires a resolution of a council or board. (3) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the local government members eligible to vote on the reapplication. Information that must be available to the public 896 (1) A local government must maintain a current list of the following: (a) every bylaw in effect under this Part and Part 27 and a general description of the purpose of the bylaw; (b) every bylaw under this Part and Part 27 that has been given first reading, a general description of the bylaw and its current status; (c) every permit issued under this Part and Part 27. (2) A list under subsection (1) must be available for public inspection at the local government offices during their regular business hours. (3) Non-compliance with subsection (1) or (2), or any inaccuracy in a list, does not affect the validity of a bylaw or permit referred to in subsection (1). Procedures manual 897 (1) A local government may prepare and provide to the public, on request, a procedures manual describing the procedures by which (a) permits and approvals under this Part and Part 27 are obtained, and (b) amendments to bylaws under this Part and Part 27 are initiated. (2) The procedures manual must include the following: (a) separate provisions respecting each type of permit, approval and amendment, with each separate provision specifying (i) in general, the steps that must be followed and, for each step, the requirements to be met by the applicant, (ii) the applicable authority, (iii) the responsibility of each official involved, and (iv) the office location of these officials; (b) sample application forms that clearly indicate all the types of information and the degree of detail required, including an explanation of these forms; (c) a statement of the fees required for each application. (3) If there is a conflict between a bylaw under section 895 or 950 and a description in a procedures manual under this section, the bylaw prevails. Advisory planning commission 898 (1) A council may, by bylaw, establish an advisory planning commission to advise council on all matters respecting land use, community planning or proposed bylaws and permits under Divisions 2, 3, 7, 9 and 11 of this Part that are referred to it by the council. (2) A board may, by bylaw, establish an advisory planning commission for one or more electoral areas or portions of an electoral area to advise the board, or a director of the board representing the electoral area, on all matters referred to it by the board or by that director respecting land use, the preparation and adoption of a community plan, or a rural land use bylaw or a proposed bylaw or permit that may be enacted or issued under this Part. (3) The bylaw establishing an advisory planning commission must provide for (a) the composition of and the manner of appointing members to the commission, (b) the procedures governing the conduct of the commission, and (c) the referral of matters to the advisory planning commission. (4) At least 2/3 of the members of an advisory planning commission must be residents of the municipality or the electoral area. (5) A council member, board director, employee or officer of the local government, or an approving officer, is not eligible to be a member of an advisory planning commission, but may attend at a meeting of the commission in a resource capacity. (6) The members of an advisory planning commission must serve without remuneration, but may be paid reasonable and necessary expenses that arise directly out of the performance of their duties. (7) If an advisory planning commission is established, the local government must provide in its annual budget for the necessary funds to pay for the costs of the commission. (8) If an advisory planning commission is established, minutes of all of its meetings must be kept and, on request, made available to the public. (9) If the commission is considering an amendment to a plan or bylaw, or the issue of a permit, the applicant for the amendment or permit is entitled to attend meetings of the commission and be heard. Division 6 — Board of Variance Establishment of board of variance 899 (1) A local government that has adopted a zoning bylaw or a rural land use bylaw must, by bylaw, establish a board of variance. (2) If the population of a municipality is 25 000 or less, the board of variance for the municipality is to consist of one person appointed by the council, one person appointed by the minister and one person appointed by the other 2 appointees. (3) If the population of a municipality is more than 25 000, the board of variance for the municipality is to consist of 2 persons appointed by the council, 2 persons appointed by the minister and one person appointed by the other 4 appointees. (4) A board may establish one or more boards of variance, but, if more than one board of variance is established, the bylaw establishing them must specify the area of the regional district over which each board of variance is to have jurisdiction and those areas must not overlap. (5) Each board of variance in a regional district is to consist of one person appointed by the board, one person appointed by the minister and one person appointed by the other 2 appointees. (6) An appointment under subsections (2) to (5) is for the later of (a) 3 years, and (b) if no successor has been appointed at the end of the 3 year period, until the time that a successor is appointed. (7) A person who is (a) a member of the advisory planning commission or of the local government, or (b) an officer or employee of the local government is not eligible to be appointed to a board of variance. (8) If a member of a board of variance ceases to hold office, the person's successor is to be appointed in the same manner as the member who ceased to hold office, and, until the appointment of the successor, the remaining members constitute the board of variance. (9) A local government may remove its appointee at any time. (10) The Lieutenant Governor in Council may (a) remove the minister's appointee at any time, and (b) on the recommendation of a local government, remove the person appointed by the other appointees. (11) Members of a board of variance must not receive compensation for their services as members, but must be paid reasonable and necessary expenses that arise directly out of the performance of their duties. (12) A local government must provide in its annual budget for the necessary funds to pay for the costs of the board. Chair and procedures 900 (1) The members of a board of variance must elect one of their number as chair. (2) The chair may appoint a member of the board of variance as acting chair to preside in the absence of the chair. (3) A bylaw establishing a board of variance must set out the procedures to be followed by the board of variance, including the manner by which appeals are to be brought and notices under section 901 (4) are to be given. (4) A board of variance must maintain a record of all its decisions and must ensure that the record is available for public inspection during normal business hours. Variance or exemption to relieve hardship 901 (1) A person may apply to a board of variance for an order under subsection (2) if the person alleges that compliance with any of the following would cause the person hardship: (a) a bylaw respecting the siting, dimensions or size of a building or structure, or the siting of a manufactured home in a manufacturedhome park; (b) a bylaw under Division 2 of Part 22, other than (i) a bylaw under section 711, or (ii) a bylaw that has an effect referred to in section 714 (1), if the council has taken action under subsection (2) of that section to compensate or mitigate the hardship that is caused to the person; (c) the prohibition of a structural alteration or addition under section 911 (5); (d) a subdivision servicing requirement under section 938 (1) (c) in an area zoned for agricultural or industrial use. (2) On an application under subsection (1), the board of variance may order that a minor variance be permitted from the requirements of the bylaw, or that the applicant be exempted from section 911 (5), if the board of variance (a) has heard the applicant and any person notified under subsection (4), (b) finds that undue hardship would be caused to the applicant if the bylaw or section 911 (5) is complied with, and (c) is of the opinion that the variance or exemption does not (i) result in inappropriate development of the site, (i.1) adversely affect the natural environment, (ii) substantially affect the use and enjoyment of adjacent land, (iii) vary permitted uses and densities under the applicable bylaw, or (iv) defeat the intent of the bylaw. (3) The board of variance must not make an order under subsection (2) that would do any of the following: (a) be in conflict with a covenant registered under section 219 of the Land Title Act or section 24A of the Land Registry Act, R.S.B.C. 1960, c. 208; (b) deal with a matter that is covered in a permit under Division 9 of this Part or covered in a land use contract; (c) deal with a flood plain specification under section 910 (2); (d) apply to a property (i) for which an authorization for alterations is required under Part 27, (ii) that is scheduled under section 880 (3) (b) or contains a feature or characteristic identified under section 880 (3) (c), or (iii) for which a heritage revitalization agreement under section 966 is in effect. (4) If a person makes an application under subsection (1), the board of variance must notify all owners and tenants in occupation of (a) the land that is the subject of the application, and (b) the land that is adjacent to land that is the subject of the application. (5) A notice under subsection (4) must state the subject matter of the application and the time and place where the application will be heard. (6) The obligation to give notice under subsection (4) must be considered satisfied if the board of variance made a reasonable effort to mail or otherwise deliver the notice. (7) If a board of variance orders under subsection (2) that a minor variance be permitted or an exemption from section 911 (5) be allowed, it may order that, unless the construction of the building, structure or manufactured home park is completed within a time set in the order, the permission or exemption terminates and the bylaw or section 911 (5), as the case may be, applies. (8) A decision of the board of variance under subsection (2) is final. Extent of damage preventing reconstruction as non-conforming use 902 (1) A person may apply to a board of variance for an order under subsection (2) if the person alleges that the determination by a building inspector of the amount of damage under section 911 (8) is in error. (2) On an application under subsection (1), the board of variance may set aside the determination of the building inspector and make the determination under section 911 (8) in its place. (3) The applicant or the local government may appeal a decision of the board of variance under subsection (2) to the Supreme Court. Division 7 — Land Use Designation Zoning bylaws 903 (1) A local government may, by bylaw, do one or more of the following: (a) divide the whole or part of the municipality or regional district into zones, name each zone and establish the boundaries of the zones; (b) limit the vertical extent of a zone and provide other zones above or below it; (c) regulate within a zone (i) the use of land, buildings and structures, (ii) the density of the use of land, buildings and structures, (iii) the siting, size and dimensions of (A) buildings and structures, and (B) uses that are permitted on the land, and (iv) the location of uses on the land and within buildings and structures; (d) regulate the shape, dimensions and area, including the establishment of minimum and maximum sizes, of all parcels of land that may be created by subdivision, in which case (i) the regulations may be different for different areas, and (ii) the boundaries of those areas need not be the same as the boundaries of zones created under paragraph (a). (2) The authority under subsection (1) may be exercised by incorporating in the bylaw maps, plans, tables or other graphic material. (3) The regulations under subsection (1) may be different for one or more of the following, as specified in the bylaw: (a) different zones; (b) different uses within a zone; (c) different locations within a zone; (d) different standards of works and services provided; (e) different siting circumstances; (f) different protected heritage properties. (4) The power to regulate under subsection (1) includes the power to prohibit any use or uses in a zone. (5) Despite subsections (1) to (4), a local government must not exercise the powers under this section to prohibit or restrict the use of land for a farm business in a farming area unless the local government receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act. Zoning for amenities and affordable housing 904 (1) A zoning bylaw may (a) establish different density regulations for a zone, one generally applicable for the zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and (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 bylaw, including the number, kind and extent of the housing; (c) a condition that the owner enter into a housing agreement under section 905 before a building permit is issued in relation to property to which the condition applies. (3) A zoning bylaw may designate an area within a zone for affordable or special needs housing, as such housing is defined in the bylaw, if the owners of the property covered by the designation consent to the designation. Housing agreements for affordable and special needs housing 905 (1) A local government may, by bylaw, enter into a housing agreement under this section. (2) A housing agreement may include terms and conditions agreed to by the local government 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 bylaw under subsection (1) for the agreement; (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 and lease, sale or share prices that may be charged, and the rates at which these 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 zoning bylaw. (4) A housing agreement may only be amended by bylaw adopted with the consent of the owner. (5) If a housing agreement is entered into or amended, the local government must file in the land title office a notice that the land described in the notice is subject to the housing agreement. (6) Once a notice is filed under subsection (5), the housing agreement and, if applicable, the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement, as amended if applicable. (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) neither the registrar nor the Provincial government is liable vicariously, and (b) neither the assurance fund nor the Attorney General, as a nominal defendant, is liable under Part 20 of the Land Title Act. (8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees. Parking space requirements 906 (1) A local government may, by bylaw, require owners or occupiers of any land, building or structure to provide off-street parking and loading spaces for the use, building or structure, including spaces for use by disabled persons, and may (a) classify uses, buildings and structures and differentiate and discriminate between classes with respect to the amount of space provided, (b) exempt from any requirement of a bylaw made under this subsection or subsections (2) and (3), (i) a class of use, building or structure, or (ii) a use, building or structure existing at the time of the adoption of a bylaw under this subsection, (c) impose different requirements for different areas and zones or different uses within a zone, and (d) establish design standards, including the size, surfacing, lighting and numbering of the spaces. (2) A bylaw under subsection (1) may (a) permit off-street parking spaces to be provided, other than on the site of the use, building or structure, under conditions that are specified in the bylaw, or (b) permit, at the option of the owner or occupier of the land, building or structure, the payment to the municipality or regional district of an amount of money specified in the bylaw, instead of the provision of off-street parking spaces, in cases where the municipality or regional district owns and operates a parking facility within a distance specified in the bylaw from the use, building or structure. (3) The money referred to in subsection (2) (b) is payable at the time (a) when the building permit is issued for the building or structure that is being put to the use that requires the parking space specified in the bylaw, or (b) if no building permit is required, when the use that requires the parking space specified in the bylaw begins. (4) The municipality or regional district must pay the money paid under subsection (3) into a reserve fund established under section 496 for the provision of new and existing off-street parking spaces, and must use these funds only for that purpose. (5) [Repealed 1997-25-145.] (6) A bylaw under subsection (1) (a) does not apply with respect to land or a building or structure existing at the time the bylaw came into force, so long as the land, building or structure continues to be put to a use that does not require more parking or loading spaces than were required for the use existing at the time the bylaw came into force. Runoff control requirement 907 (1) A local government may, by bylaw, require that an owner of land who carries out construction of a paved area or roof area, manage and provide for the ongoing disposal of surface runoff and storm water in accordance with the requirements of the bylaw. (2) A local government may, by bylaw, establish the maximum percentage of the area of land that can be covered by impermeable material. (3) A bylaw under subsection (1) or (2) may be different for (a) different zones, (b) different uses in zones, (c) different areas in zones, (d) different sizes of paved or roof areas, and (e) different terrain and surface water or groundwater conditions. Regulation of signs 908 (1) Subject to the Highway Act and section 135 of the Motor Vehicle Act, a local government may, by bylaw, regulate the number, size, type, form, appearance and location of any signs. (2) A bylaw under subsection (1) may contain different provisions for one or more of the following: (a) different zones; (b) different uses within a zone; (c) different classes of highways. (3) The power in subsection (1) to regulate includes the power to prohibit, except that a sign that is located on a parcel and relates to or identifies a use on that parcel must not be prohibited. Screening and landscaping to mask or separate uses 909 (1) A local government may, by bylaw, require, set standards for and regulate the provision of screening or landscaping for one or more of the following purposes: (a) masking or separating uses; (b) preserving, protecting, restoring and enhancing the natural environment; (c) preventing hazardous conditions. (2) A bylaw under subsection (1) may set different requirements, standards and regulations for one or more of the following: (a) different zones; (b) different uses within a zone; (c) different locations within a zone. Construction requirements in relation to flood plain areas 910 (1) If a local government or the Minister of Environment, Lands and Parks considers that flooding may occur on land (a) the local government may, by bylaw, or (b) the Minister of Environment, Lands and Parks may, by order, designate the land as a flood plain. (2) If land is designated a flood plain under subsection (1), (a) the local government may, by bylaw, or (b) the Minister of Environment, Lands and Parks may, by order, specify (c) the flood level or levels for the flood plain, and (d) the setback from a watercourse or body of water of any landfill or structural support required to elevate a floor system or pad above the flood level. (3) A bylaw under subsection (1) or (2) has no effect until it has been approved by the Minister of Environment, Lands and Parks. (4) In the event of conflict, an order of the Minister of Environment, Lands and Parks under subsection (1) or (2) prevails over a bylaw of a local government under subsection (1) or (2). (5) After a bylaw or the Minister of Environment, Lands and Parks has specified the level or levels or setback under subsection (2), (a) the underside of any floor system, or the top of any pad supporting any space or room, including a manufactured home, that is used for dwelling purposes, business or the storage of goods which are susceptible to damage by floodwater must be above that specified level, and (b) any landfill required to support a floor system or pad must not extend within any setback from a watercourse or body of water specified by the bylaw or the Minister of Environment, Lands and Parks. (6) The Minister of Environment, Lands and Parks may exempt a development or type of development from requirements of this section, subject to conditions that minister may impose. (7) Specifications of the Minister of Environment, Lands and Parks under subsection (2) may be enforced by a local government as though they were bylaws of the local government. Non-conforming uses and siting 911 (1) If, at the time of the enactment of a rural land use bylaw or adoption of a bylaw under this Division, (a) land, a building or a structure is lawfully used, and (b) the use does not conform to the bylaw, the use may be continued as a non-conforming use, but if the non-conforming use is discontinued for a continuous period of 6 months, any subsequent use of the land, building or structure becomes subject to the bylaw. (2) The use of land, buildings or structures for seasonal uses or for agricultural purposes is not discontinued as a result of normal seasonal or agricultural practices, including (a) seasonal, market or production cycles, (b) the control of disease or pests, or (c) the repair, replacement or installation of equipment to meet standards for the health or safety of people or animals. (3) A building or structure that is lawfully under construction at the time of the enactment of a rural land use bylaw or the adoption of a bylaw under this Division is deemed, for the purpose of this section, (a) to be a building or structure existing at that time, and (b) to be then in use for its intended purpose as determined from the building permit authorizing its construction. (4) If subsections (1) and (2) authorize a non-conforming use of part of a building or structure to continue, the whole of that building or structure may be used for that non-conforming use. (5) A structural alteration or addition, except one that is required by an enactment or permitted by a board of variance under section 901 (2), must not be made in or to a building or structure while the non-conforming use is continued in all or any part of it. (6) In relation to land, subsection (1) or (4) does not authorize the non- conforming use of land to be continued on a scale or to an extent or degree greater than that at the time of the enactment of the rural land use bylaw or the adoption of the bylaw under this Division. (7) For the purposes of this section, a change of owners, tenants or occupants of any land, or of a building or structure, does not, by reason only of the change, affect the use of the land or building or structure. (8) If a building or a structure, the use of which does not conform to the provisions of a rural land use bylaw or a bylaw under this Division is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined by the building inspector, it must not be repaired or reconstructed except for a conforming use in accordance with the bylaw. (9) If the use and density of buildings and structures conform to a rural land use bylaw or a bylaw under this Division but (a) the siting, size or dimensions of a building or structure constructed before the bylaw was adopted does not conform with the bylaw, or (b) the siting, size, dimensions or number of offstreet parking or loading spaces constructed or provided before the bylaw was adopted does not conform with the bylaw, the building or structure or spaces may be maintained, extended or altered to the extent authorized by subsection (10). (10) A building or structure or spaces to which subsection (9) applies may be maintained, extended or altered only to the extent that (a) the repair, extension or alteration would, when completed, involve no further contravention of the bylaw than that existing at the time the repair, extension or alteration was started, and (b) in the case of protected heritage property, the repair, extension or alteration is permitted or authorized in accordance with the provisions governing the heritage protection of the property. (11) Subsections (5) and (8) do not apply to alterations, additions, repairs or reconstruction of a protected heritage property if the alteration, addition, repair or reconstruction is authorized by a heritage alteration permit under section 972. Effect of expropriation in relation to non-conforming use and subdivision 912 (1) If 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 rural land use bylaw or a bylaw under this Division, the remainder of the property is deemed to conform. (2) Subsection (1) does not apply if compensation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by the owner or occupant as a result of the non-conformity. (3) If, as a result of an expropriation, (a) a parcel of land could have been subdivided into 2 or more parcels under the applicable zoning bylaw in effect when the land expropriated was vested in the expropriating authority, and (b) the parcel, as a result of the expropriation, can no longer be subdivided into the same number of parcels, the parcel is deemed to conform to the applicable zoning bylaw 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 zoning bylaw. (4) Subsection (3) does not apply if 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 zoning bylaw. Approval of regional district bylaws by minister 913 (1) Subject to subsections (3) and (4), once a board has given third reading to a rural land use bylaw, a zoning bylaw or a subdivision servicing bylaw, the board must forward it to the minister for approval. (2) A bylaw required to be forwarded under subsection (1) has no effect if it is adopted without the approval of the minister. (3) Subsection (1) does not apply to a zoning bylaw or a subdivision servicing bylaw that (a) applies only to an area that is subject to an official community plan or to an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985, and (b) is consistent with the official community plan or official settlement plan. (4) The minister may make regulations (a) defining areas for which and describing circumstances in which subsections (1) and (2) do not apply, and (b) providing that an exception under paragraph (a) is to be subject to the terms and conditions specified by the minister. (5) Regulations under subsection (4) may be different for different regional districts, different areas and different circumstances. No compensation in relation to adoption of bylaw or issuance of permit 914 (1) Compensation is not payable to any person for any reduction in the value of that person's interest in land, or for any loss or damages that result from the adoption of an official community plan, a rural land use bylaw or a bylaw under this Division or the issue of a permit under Division 9 of this Part. (2) Subsection (1) does not apply where the rural land use bylaw or bylaw under this Division restricts the use of land to a public use. Division 8 — Use of Land for Agricultural Operations Intensive agriculture 915 (1) In this section, "intensive agriculture" means the use of land, buildings and structures by a commercial enterprise or an institution for (a) the confinement of poultry, livestock or fur bearing animals, or (b) the growing of mushrooms. (2) Despite a rural land use bylaw or zoning bylaw, if land is located in a reserve established under the Agricultural Land Commission Act and that land is not subject to section 21 (1) of that Act, intensive agriculture is permitted as a use. (3) Subsections (1) and (2) cease to have effect in an area after a zoning or rural land use bylaw for that area is approved under section 887 (8) or 903 (5). Provincial standards for farm bylaws 916 (1) In this section and sections 917 to 919, "minister" means the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act. (2) The minister may establish, publish and distribute standards in relation to farming areas for the guidance of local governments in the preparation of rural land use bylaws, zoning bylaws and bylaws under this Division. (3) Standards under subsection (2) may differ for different parts of British Columbia. Farm bylaws 917 (1) Subject to receiving the approval of the minister, a local government may make bylaws in relation to farming areas (a) respecting the conduct of farm operations as part of a farm business, (b) respecting types of buildings, structures, facilities, machinery and equipment that are prerequisite to conducting farm operations specified by the local government and that must be utilized by farmers conducting the specified farm operations, (c) respecting the siting of stored materials, waste facilities and stationary equipment, and (d) prohibiting specified farm operations. (2) A bylaw under subsection (1) may be different for one or more of the following: (a) different sizes or types of farms; (b) different types of farm operations; (c) different site conditions; (d) different uses of adjoining land; (e) different areas. Application 918 (1) Sections 887 (8), 903 (5) and 917 do not apply unless a regulation under this section declares that they apply. (2) The Lieutenant Governor in Council may declare by regulation that, generally or for some or all of the geographic area specified in the regulation, on and after the date specified in the regulation, section 887 (8), 903 (5) or 917 applies to (a) the board of a regional district specified in the regulation, (b) the council of a municipality specified in the regulation, or (c) the local trust committee under the Islands Trust Act of a local trust area specified in the regulation. Three year review of bylaws affecting farming areas 919 (1) In this section, "regulation" means a regulation under section 918 respecting the application of section 887 (8) or 903 (5) to a board, council or local trust committee. (2) A board or a local trust committee to which a regulation applies must review all rural land use bylaws and zoning bylaws of the board or local trust committee, as the case may be, in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister. (3) A council to which a regulation applies must review all zoning bylaws of the council in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister. (4) During the first 3 years after a regulation commences to apply to the board of a regional district, to a local trust committee of a local trust area or to the council of a municipality, as the case may be, or during any extension to that 3 year period that the minister may grant, (a) the board or local trust committee may amend, by bylaw, its rural land use bylaws or zoning bylaws, and (b) the council may amend, by bylaw, its zoning bylaws, in order to achieve consistency between the bylaws as they relate to any farming areas within the geographic area to which the regulation applies and the standards established under section 916 by the minister. (5) As an exception to the usual requirements regarding rural land use bylaws and zoning bylaws, a bylaw that makes an amendment authorized under subsection (4) may be adopted without public hearing. Division 9 — Permits and Fees Development permits 920 (1) If an official community plan designates areas under section 879 (1), the following prohibitions apply unless an exemption under section 879 (3) applies or the owner first obtains a development permit under this section: (a) land within the area must not be subdivided; (b) construction of, addition to or alteration of a building or structure must not be started; (c) a building or structure on a Provincial or designated municipal heritage site must not be altered; (d) land within an area designated under section 879 (1) (a) or (b) must not be altered; (e) land within an area designated under section 879 (1) (d), or a building or structure on that land, must not be altered. (2) Subject to subsections (3) to (6), a local government may, by resolution, issue a development permit that (a) varies or supplements a bylaw under Division 7 or 11 of this Part, (b) includes requirements and conditions or set standards under subsections (7) to (10), and (c) imposes conditions respecting the sequence and timing of construction. (3) The authority under subsection (2) must be exercised only in accordance with the applicable guidelines specified in an official community plan under section 879 (2) (b). (4) A development permit must not vary the use or density of the land from that permitted in the bylaw except as authorized by subsection (5). (5) If the land was designated under section 879 (1) (b), the conditions and requirements referred to in subsection (7.1) of this section may vary that use or density, but only as they relate to health, safety or protection of property from damage. (6) A development permit must not vary a flood plain specification under section 910 (2). (7) For land designated under section 879 (1) (a), a development permit may do one or more of the following: (a) specify areas of land that must remain free of development, except in accordance with any conditions contained in the permit; (b) require specified natural features or areas to be preserved, protected, restored or enhanced in accordance with the permit; (c) require natural water courses to be dedicated; (d) require works to be constructed to preserve, protect, restore or enhance natural water courses or other specified natural features of the environment; (e) require protection measures, including that vegetation or trees be planted or retained in order to (i) preserve, protect, restore or enhance fish habitat or riparian areas, (ii) control drainage, or (iii) control erosion or protect banks. (7.1) For land designated under section 879 (1) (b), a development permit may do one or more of the following: (a) specify areas of land that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire, or to another hazard if this other hazard is specified under section 879 (1) (b), as areas that must remain free of development, except in accordance with any conditions contained in the permit; (b) require, in an area that the permit designates as containing unstable soil or water which is subject to degradation, that no septic tank, drainage and deposit fields or irrigation or water systems be constructed; (c) in relation to wildfire hazard, include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and structures; (d) in relation to wildfire hazard, establish restrictions on the type and placement of trees and other vegetation in proximity to the development. (8) If land has been designated under section 879 (1) (d) or (e), a development permit may include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and structures. (9) Despite subsection (8), if land has been designated under section 879 (1) (e), a requirement under subsection (8) may only relate to the general character of the development and not to particulars of the landscaping or of the exterior design and finish of buildings and structures. (10) A development permit for land that has been designated under section 879 (1) (c) may include requirements for screening, landscaping, fencing and siting of buildings or structures, in order to provide for the buffering or separation of development from farming on adjoining or reasonably adjacent land. (11) Before issuing a development permit under this section, a local government may require the applicant to provide, at the applicant's expense, a report, certified by a professional engineer with experience in geotechnical engineering, to assist the local government in determining what conditions or requirements under subsection (7.1) it will impose in the permit. (12) If a local government delegates the power to issue a development permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter. Development approval information 920.1 (1) For the purposes of this section, "development approval information" means information on the anticipated impact of the proposed activity or development on the community including, without limiting this, information regarding impact on such matters as (a) transportation patterns including traffic flow, (b) local infrastructure, (c) public facilities including schools and parks, (d) community services, and (e) the natural environment of the area affected. (2) If an official community plan includes a provision under section 879.1 (1), the local government must, by bylaw, establish procedures and policies on the process for requiring development approval information under this section and the substance of the information that may be required. (3) If a bylaw under subsection (2) is adopted, the local government or an officer or employee authorized under subsection (4) may require an applicant for (a) an amendment to a zoning bylaw under section 903, (b) a development permit under section 920, or (c) a temporary commercial or industrial use permit under section 921 to provide to the local government, at the applicant's expense, development approval information in accordance with the procedures and policies established under subsection (2) of this section. (4) A bylaw under subsection (2) may authorize an officer or employee to require development approval information under this section. (5) An applicant subject to a decision of an officer or employee under subsection (4) is entitled to have the local government reconsider the matter without charge. (6) A bylaw under subsection (2) that authorizes an officer or employee to require development approval information under this section must establish procedures regarding applying for and dealing with a reconsideration under subsection (5). (7) Development approval information is not required under this section if the proposed activity or development is a reviewable project under section 3 or 4 of the Environmental Assessment Act. Temporary commercial and industrial permits 921 (1) If an official community plan or a rural land use bylaw designates areas where temporary commercial or industrial uses may be allowed, on application by an owner of land, a local government may, by resolution, issue a temporary commercial or industrial use permit. (2) If land outside a municipality is not within an area to which an official community plan or rural land use bylaw applies, on application by the owner of the land, a local government may, by bylaw, issue a temporary commercial or industrial use permit. (3) Despite a zoning bylaw or rural land use bylaw, a temporary commercial or industrial use permit may do one or more of the following: (a) allow any commercial or industrial use, including (i) in the case of a commercial use, the provision of temporary tourist accommodation, and (ii) in the case of an industrial use, the processing of natural materials, as specified in the permit; (b) permit the construction or use of buildings or structures to accommodate persons who work at the commercial or industrial enterprise in respect of which the permit is issued; (c) specify conditions under which the temporary commercial or industrial use may be carried on. (4) If a local government proposes to pass a resolution allowing a temporary commercial or industrial use permit to be issued, it must give notice in accordance with subsections (5) and (6). (5) The notice must (a) state (i) in general terms, the purpose of the proposed permit, (ii) the land or lands that are the subject of the proposed permit, (iii) the place where and the times and dates when copies of the proposed permit may be inspected, and (iv) the date, time and place when the resolution will be considered, and (b) be published in a newspaper at least 3 and not more than 14 days before the adoption of the resolution to issue the permit. (6) Section 892 (4) to (7) applies to the notice. (7) Sections 890, 891, 892, 894 and 913, as they apply to a rural land use bylaw, apply to a bylaw under subsection (2). (8) As a condition of the issue of a permit, a local government may require the owner of the land to give an undertaking to (a) demolish or remove a building or structure, and (b) restore land described in the permit to a condition specified in the permit by a date specified in the permit. (9) An undertaking under subsection (8) must be attached to and forms part of the permit. (10) If the owner of the land fails to comply with all of the undertakings given under subsection (8), the local government may enter on the land and carry out the demolition, removal or restoration at the expense of the owner. (11) The owner of land in respect of which a temporary commercial or industrial use permit has been issued has the right to put the land to the use described in the permit until (a) the date that the permit expires, or (b) 2 years after the permit was issued, whichever occurs first. (12) In addition to any security required under section 925 (1), a local government may require, as a condition of issuing the permit, that the owner of the land give to the local government security to guarantee the performance of the terms of the permit, and the permit may provide for (a) the form of the security, and (b) the means for determining (i) when there is default under the permit, and (ii) the amount of the security that forfeits to the local government in the event of default. (13) A person to whom a temporary commercial or industrial use permit has been issued may apply to have the permit renewed, and subsections (8) to (12) apply. (14) A permit issued under this section may be renewed only once. (15) If a local government delegates the power to issue a temporary commercial or industrial use permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter. Development variance permits 922 (1) On application by an owner of land, a local government may, by resolution, issue a development variance permit that varies, in respect of the land covered in the permit, the provisions of (a) a rural land use bylaw, (b) a bylaw under Division 7, 8 or 11 of this Part, or (c) a bylaw under section 694 (1) (j). (2) As a limit on subsection (1), a development variance permit must not vary (a) the use or density of land from that specified in the bylaw, or (b) a flood plain specification under section 910 (2). (3) In the event of conflict, the provisions of a development variance permit prevail over any provision of the bylaw. (4) If a local government proposes to pass a resolution to issue a permit under this section, it must give notice in accordance with subsections (5) and (6). (5) The notice under subsection (4) must state the following: (a) in general terms, the purpose of the permit; (b) the land or lands that are the subject of the permit; (c) the place where and the times and dates when copies of the permit may be inspected. (6) The notice under subsection (4) must be mailed or otherwise delivered at least 10 days before adoption of the resolution to issue the permit (a) to the owners, as shown on the assessment roll as at the date of application for the permit, and (b) to any tenants in occupation, as at the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance specified by bylaw from that part of the land that is subject to the permit. (7) The obligation to give notice under subsection (4) must be considered satisfied if the local government made a reasonable effort to mail or otherwise deliver the notice. (8) As a limitation on section 176 (1) (e) [corporate powers -- delegation], a local government may not delegate the issuance of a development variance permit. Tree cutting permits 923 (1) A board may, by bylaw, designate areas of land that it considers may be subject to flooding, erosion, land slip or avalanche as tree cutting permit areas. (2) A bylaw may, in respect of an area designated under subsection (1), (a) regulate or prohibit the cutting down of trees, and (b) require an owner to obtain, on payment of a fee set by the bylaw, a permit before cutting down a tree. (3) The bylaw may allow the board, at its discretion, to require an applicant to provide at the applicant's expense, a report certified by a qualified person, agreed upon by both parties, that the proposed cutting of trees will not create a danger from flooding or erosion. Approval required for development near controlled access highway 924 (1) If a zoning bylaw is subject to section 54 (2) of the Highway Act, a permit under this Division must not be issued for the construction of commercial or industrial buildings exceeding 4 500 m2 in gross floor areas unless a site plan of the buildings, including traffic circulation and parking areas and facilities, has been approved by the Minister of Transportation and Highways. (2) In considering whether to approve a site plan under subsection (1), the Minister of Transportation and Highways must consider only the effect of the proposed development on the controlled access highway. Requirement for security 925 (1) As a condition of the issue of a permit under this Division but for the purposes only of subsections (2) and (2.1), a local government may require that the applicant for the permit provide security in an amount stated in the permit by whichever of the following the applicant chooses: (a) an irrevocable letter of credit; (b) the deposit of securities in a form satisfactory to the local government. (2) Subsection (2.1) applies if a local government considers that (a) a condition in a permit respecting landscaping has not been satisfied, (b) an unsafe condition has resulted as a consequence of contravention of a condition in a permit, or (c) damage to the natural environment has resulted as a consequence of a contravention of a condition in a permit. (2.1) In the circumstance referred to in subsection (2), the local government may (a) undertake, at the expense of the holder of the permit, the works, construction or other activities required to satisfy the landscaping condition, correct the unsafe condition or correct the damage to the environment, and (b) apply the security under subsection (1) in payment of the cost of the works, construction or other activities, with any excess to be returned to the holder of the permit. (3) Interest earned on the security provided under subsection (1) accrues to the holder of the permit and must be paid to the holder immediately on return of the security or, on default, becomes part of the amount of the security. (4) If a local government delegates the power to require security under subsection (1), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined. Lapse of permit 926 (1) Subject to the terms of the permit, if the holder of a permit under this Division does not substantially start any construction with respect to which the permit was issued within 2 years after the date it is issued, the permit lapses. (2) If a permit lapses, subject to sections 921 (12) and 925 (2.1), the local government must return any security provided under 925 (1) to the person who provided it. Notice of permit on land title 927 (1) If a local government issues a permit under sections 920 to 922, it must file in the land title office a notice that the land described in the notice is subject to the permit, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected. (2) In the event of any omission, mistake or misfeasance by the registrar of land titles or the employees of the registrar in relation to the making of a note of the filing under subsection (1) or (3) after the notice is received by the land title office, (a) neither the registrar nor the Provincial government is 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. (3) If a permit is amended or cancelled, the local government must file a notice of the amendment or cancellation in the manner prescribed by the Lieutenant Governor in Council, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected. (4) If a notice is filed under subsection (1) or (3), the terms of the permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the permit. (5) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees. General matters 928 (1) A local government may issue more than one permit for an area of land. (2) Land must be developed strictly in accordance with the permit or permits issued. (3) A permit is binding on the local government as well as on the holder of the permit. (4) A local government may, by bylaw, designate the form of permits issued under this Division. Withholding of permits and licences that conflict with bylaws in preparation 929 (1) A local government may direct that a building permit be withheld for a period of 30 days, beginning on the day the application for the permit was made, if it passes a resolution identifying what it considers to be a conflict between a development proposed in the application for a building permit and (a) an official community plan, (b) a rural land use bylaw, or (c) a bylaw under sections 903 to 907 or 910 that is under preparation. (2) Subsection (1) does not apply unless a local government has, by resolution at least 7 days before the application for a building permit, begun the preparation of a plan or bylaw that is in conflict with the application. (3) During the 30 day period referred to in subsection (1), the local government must consider the application for the permit and may (a) direct the permit be withheld for a further 60 days, or (b) grant the permit, but impose conditions in it that would be in the public interest, having regard to the plan or bylaw that is under preparation. (4) If the local government does not adopt a plan or bylaw referred to in subsection (1) within the 60 day period, the owners of the land for which a building permit was withheld under this section are entitled to compensation for damages arising from the withholding of the building permit, and Division 3 of Part 8 [Expropriation and Compensation] applies. (5) A council that passes a resolution under subsection (1) may direct that a business licence in respect of the same land be withheld for a period not longer than 90 days, if the council considers that the use to which the land would be put and to which the business licence application relates would be contrary to the use that would be permitted by the bylaw that is under preparation. (6) Any requirement to approve a permit or licence under this section is subject to section 946.2. Amendment and discharge of land use contracts 930 (1) In this section, "amend" means modify, vary or discharge. (2) Subject to subsections (4) and (6), a land use contract that is registered in a land title office may be amended as follows: (a) by bylaw, with the agreement of (i) the local government, and (ii) the owner of any parcel that is described in the bylaw as being covered by the amendment; (b) by a development permit under section 920 or a development variance permit under section 922, if the amendment does not affect the permitted use or density of use of any parcel against which the contract is registered; (c) in the manner specified in the land use contract. (3) A land use contract must not be discharged in the manner provided for in subsection (2) (b). (4) If a parcel affected by an amendment under subsection (2) is subject to section 54 (2) of the Highway Act, (a) a bylaw under subsection (2) (a) must not be adopted, and (b) a development variance permit or a development permit under subsection (2) (b) must not be issued, until it has been approved by the Minister of Transportation and Highways. (5) If a local government proposes to amend a land use contract under subsection (2) (a) respecting any matter in it relating to density or use of an area covered by the contract, sections 890 to 894 apply. (6) A bylaw of a regional district amending a land use contract must not be adopted until it has been approved by the minister. (7) Subsection (6) does not apply if the land affected by the amendment is in an area that is subject to an official community plan or an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985. (8) The minister may make regulations (a) defining areas for which and describing circumstances in which subsection (6) does not apply, and (b) providing that an exception under paragraph (a) is to be subject to terms and conditions specified by the minister. (9) If a land use contract is amended by bylaw or by a development variance permit or a development permit, the local government must register the amendment in the land title office in accordance with the Land Title Act. (10) On registration under subsection (9), the registrar of land titles may require (a) that a certified copy of the bylaw under this section be registered together with the amendment to the land use contract, and (b) that a certified copy of the development variance permit or development permit be registered together with the land use contract as amended by it. (11) The registrar of land titles is not required to inquire whether the land use contract amendment has been made in accordance with this Part or whether it is a valid amendment before permitting registration of an amendment under subsection (9). Fees related to applications and inspections 931 (1) A local government may, by bylaw, impose one or more of the following types of fees: (a) application fees for an application to initiate changes to the provisions of a plan or bylaw under Division 2, 3, 7 or 11 of this Part or under Part 27; (b) application fees for the issue of a local government permit under Division 9 of this Part or a permit under section 972; (c) application fees for an amendment to a land use contract or to a heritage revitalization agreement under section 966; (d) application fees for an application to a board of variance; (e) fees to cover the costs of administering and inspecting works and services under this Part that are costs additional to those related to fees under paragraphs (a) to (d); (f) subdivision application fees, which may vary with the number, size and type of parcels involved in a proposed subdivision. (2) A fee imposed under subsection (1) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application or other matter to which the fee relates. (3) The minister may make regulations (a) that the minister considers necessary or advisable respecting the imposition of fees under subsection (1), and (b) prescribing fees for applications referred to in subsection (1) (f). (4) A regulation under subsection (3) prevails over a bylaw under subsection (1) to the extent of any conflict. (5) No other fee, charge or levy may be imposed in addition to a fee under subsection (1) as a condition of the matter referred to in that subsection to which the fee relates. (6) A local government, the City of Vancouver or an approving officer must not (a) impose a fee, charge or levy, or (b) require a work or service to be provided unless authorized by this Act, by another Act or by a bylaw made under the authority of this Act or another Act. Division 10 — Development Costs Recovery Definitions 932 In this Division: "development" means those items referred to in section 933 (1) (a) and (b) for which a development cost charge may be imposed; "local government" includes a greater board other than the Board of the Greater Vancouver Sewerage and Drainage District. Development cost charges generally 933 (1) A local government may, by bylaw, for the purpose described in subsection (2), impose development cost charges on every person who obtains (a) approval of a subdivision, or (b) a building permit authorizing the construction, alteration or extension of a building or structure. (2) Development cost charges may be imposed under subsection (1) for the purpose of providing funds to assist the local government to pay the capital costs of (a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and (b) providing and improving park land to service, directly or indirectly, the development for which the charge is being imposed. (3) A development cost charge is not payable if (a) the development does not impose new capital cost burdens on the municipality, regional district or greater board, or (b) a development cost charge has previously been paid for the same development unless, as a result of further development, new capital cost burdens will be imposed on the municipality, regional district or greater board. (4) A charge is not payable under a bylaw made under subsection (1) if any of the following applies in relation to a development authorized by a building permit: (a) the permit authorizes the construction, alteration or extension of a building or part of a building that is, or will be, after the construction, alteration or extension, exempt from taxation under section 339 (1) (g); (b) the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension, (i) contain fewer than 4 self-contained dwelling units, and (ii) be put to no other use other than the residential use in those dwelling units; (c) the value of the work authorized by the permit does not exceed $50 000 or any other amount the minister may, by regulation, prescribe. (5) A development cost charge that is payable under a bylaw under this section must be paid at the time of the approval of the subdivision or the issue of the building permit. (6) As an exception to subsection (5), the minister may, in respect of all or different classes of developments, by regulation, authorize the payment of development cost charges in instalments and prescribe conditions under which the instalments may be paid. (7) Despite a bylaw under subsection (1), if (a) a local government has imposed a charge or made a requirement under (i) section 603, (ii) Division 11 of this Part, or (iii) section 729 of the Municipal Act, R.S.B.C. 1979, c. 290, before the repeal of that section became effective, for park land or for specific works and services outside the boundaries of land being subdivided or developed, and (b) the park land or works and services referred to in paragraph (a) are included in the calculations used to determine the amount of a development cost charge, the amount of the charge imposed or the value of the requirement made, as referred to in paragraph (a), must be deducted from those classes of development cost charges that are applicable to the types of works and services or the park land for which the charge was imposed or the requirement was made. (8) Despite a bylaw under subsection (1), (a) if an owner has, with the approval of the local government, provided or paid the cost of providing a specific work or service, outside the boundaries of land being subdivided or developed, that is included in the calculations used to determine the amount of a development cost charge, the cost of the work or service must be deducted from the class of development cost charge that is applicable to the work or service, and (b) if a work required to be provided under an agreement under section 937.1 (2) is included in the calculations used to determine the amount of a development cost charge, the following amounts are to be deducted from the development cost charge that would otherwise be payable for that class of work: (i) for a development cost charge payable by a developer for a work provided by the developer under the agreement, the amount calculated as (A) the cost of the work less (B) the amount to be paid by the municipality to the developer under section 937.1 (3) (b), other than an amount that is an interest portion under section 937.1 (6) (c); (ii) for a development cost charge payable by a person other than the developer referred to in subparagraph (i), the amount calculated as (A) the amount charged under section 937.1 (2) (b) to the owner of the property less (B) any interest portion of that charge under section 937.1 (6) (c). (9) If a board or greater board has the responsibility of providing a work, service or park land referred to in subsection (2) in a participating municipality, the board or greater board may, by bylaw under subsection (1), impose a development cost charge that is applicable within that municipality. (10) The municipality must collect and remit a development cost charge imposed under subsection (9) to the regional district or greater board in the manner provided for in the bylaw. (11) As a limitation on section 176 (1) (c) [corporate powers -- assistance] and section 183 [assistance under partnering agreements], a local government must not provide assistance by waiving or reducing a charge under this section. Amount of development cost charges 934 (1) A bylaw that imposes a development cost charge must specify the amount of the charge in a schedule or schedules of development cost charges. (2) Development cost charges may vary as provided in subsection (3), but must be similar for all developments that impose similar capital cost burdens on the local government. (3) Development cost charges may vary with respect to one or more of the following: (a) different zones or different defined or specified areas; (b) different uses; (c) different capital costs as they relate to different classes of development; (d) different sizes or different numbers of lots or units in a development. (4) In setting development cost charges in a bylaw under section 933 (1), a local government must take the following into consideration: (a) future land use patterns and development; (b) the phasing of works and services; (c) the provision of park land described in an official community plan; (d) whether the charges (i) are excessive in relation to the capital cost of prevailing standards of service, (ii) will deter development, or (iii) will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land in the municipality or regional district. (5) A local government must make available to the public, on request, the considerations, information and calculations used to determine the schedule referred to in subsection (1), but any information respecting the contemplated acquisition costs of specific properties need not be provided. Use of development cost charges 935 (1) A development cost charge paid to a local government must be deposited by the local government in a separate special development cost charge reserve fund established for each purpose for which the local government imposes the development cost charge. (2) Sections 501 and 503 apply to a fund established under subsection (1) of this section, subject to the restriction that a bylaw under section 501 authorizing the transfer of an amount from the fund must receive the approval of the minister. (3) Money in development cost charge reserve funds, together with interest on it, may be used only for the following: (a) to pay the capital costs of providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other thanoff-street parking, that relate directly or indirectly to the development in respect of which the charge was collected; (b) to pay the capital costs of (i) acquiring park land or reclaiming land as park land, or (ii) providing fencing, landscaping, drainage and irrigation, trails, restrooms, changing rooms and playground and playing field equipment on park land, subject to the restriction that the capital costs must relate directly or indirectly to the development in respect of which the charge was collected; (c) to pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a) or (b). (4) For the purposes of subsection (3), "capital costs" includes planning, engineering and legal costs directly related to the work for which a capital cost may be incurred under this section. (5) Authority to make payments under subsection (3) must be authorized by bylaw. Acquisition and development of park land 936 (1) If a development cost charge bylaw provides for a charge to acquire or reclaim park land, all or part of the charge may be paid by providing land in accordance with subsection (2). (2) Land to be provided for the purposes of subsection (1) must (a) have a location and character acceptable to the local government, and (b) on the day the charge is payable, have a market value that is at least equal to the amount of the charge. (3) If the owner and the local government are not able to agree on the market value for the purposes of subsection (2) (b), the market value must be determined in accordance with the regulations under section 941 (7). (4) If partial payment of a development cost charge for park land in the form of land is made, the remainder must be paid in accordance with a bylaw under section 933 (1). (5) Section 941 (13) applies to land provided under subsection (1). (6) Despite section 935 (3), interest earned on money in the park land development cost charge reserve fund may be used by the local government to provide for fencing, landscaping, drainage and irrigation, trails, restrooms and changing rooms, playground and playing field equipment on park land owned by the local government or owned by the Crown and managed by the local government. Adoption procedures for development cost charge bylaw 937 (1) A bylaw that imposes a development cost charge must not be adopted until it has been approved by the inspector. (2) The inspector may refuse to grant approval under subsection (1) if the inspector determines that (a) the development cost charge is not related to capital costs attributable to projects included in a capital expenditure bylaw under sections 329 and 834 (2), or (b) the local government has not properly considered the matters referred to in section 934 (4). (3) The inspector may revoke an approval under subsection (1) in respect of all or part of a bylaw that imposes a development cost charge. (4) If the inspector revokes an approval, the part of the bylaw in respect of which the revocation applies has no effect until the local government amends the bylaw and obtains the inspector's approval of the amendment. (5) The inspector may require a municipality, regional district or greater board to provide the inspector with a report on the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies. (6) After reviewing the report, the inspector may order the transfer of funds from a development cost charge reserve fund under section 935 (1) to a capital works reserve fund established under section 496 (1) (a). Development works agreements with private developers 937.1 (1) In this section: "development works agreement" means an agreement under subsection (2); "works" means (a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and (b) improving park land. (2) As a limitation on section 176 (1) (a) and (b) [corporate powers -- agreements] and subject to this section, a council may, by bylaw, (a) enter into an agreement with a developer for the provision of works by the municipality or by the developer, (b) provide a formula for imposing all or part of the cost of the works on the owners of real property in the area subject to the agreement, (c) specify when the costs imposed under the formula become a debt payable by the owners to the municipality, (d) provide that, until the debt is paid, the council, an approving officer, a building inspector or other municipal authority is not obliged to (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property of a debtor in the area subject to the agreement, or (ii) do any other thing necessary for the development of real property of a debtor in the area subject to the agreement, and (e) provide for borrowing the amount required for the municipality to provide a work under the agreement. (3) Without limiting the matters that may be dealt with in a development works agreement, the agreement (a) must specify (i) the area that is the subject of the agreement, (ii) the works that are to be provided under the agreement, (iii) for each work, which party is to provide it, and (iv) for each work, when it is to be provided, (b) if the developer is to provide works under the agreement, must provide for the payment to the developer of charges collected under this section by the municipality from owners within the area subject to the agreement, and (c) may require the developer to provide security acceptable to the council to ensure compliance with the agreement. (4) A bylaw under subsection (2) must not be adopted unless at least one of the following requirements has been met: (a) the bylaw has received the assent of the electors in the area that is subject to the development works agreement; (b) no sufficient petition against the development works agreement has been presented to council after it has given notice of intentionto adopt the bylaw; (c) a sufficient petition for the development works agreement has been presented to the council. (5) Sections 629 to 632 apply for the purposes of subsection (4) (b) and (c), except that information required in the notice of intention or on each page of the petition for the agreement is the following: (a) an identification of the proposed development works agreement, including the information referred to in subsection (3) (a); (b) a statement of the proposed formula as referred to in subsection (2) (b); (c) an identification of when the costs imposed under the formula are proposed to become a debt payable to the municipality as referred to in subsection (2) (c); (d) an identification of any proposed authority referred to in subsection (2) (d); (e) a statement of any proposed borrowing referred to in subsection (2) (e). (6) A formula under subsection (2) (b) (a) may be based on the actual cost or on the estimate of the cost as established by the development works agreement, (b) must provide for the distribution of all or part of the cost among the owners of real property in the area subject to the agreement, and (c) may provide for increasing the charge payable by owners by an annual interest rate specified in the bylaw. (7) The time limit specified under subsection (2) (c) must not be later than the time at which a building permit is issued for the property. (8) At the time specified under subsection (2) (c), the charge imposed under the formula on an owner constitutes a debt of the owner to the municipality. (9) The failure of the municipality to collect the debt at the time of an approval or the doing of any other thing referred to in subsection (2) (d) does not affect the collectibility of the debt. (10) A bylaw that provides for borrowing under subsection (2) (e) is deemed to be a loan authorization bylaw under Part 12, except that a counter petition opportunity as referred to in section 458 [counter petition opportunity required for borrowings] is not required. Division 11 — Subdivision and Development Requirements Subdivision servicing requirements 938 (1) A local government may, by bylaw, regulate and require the provision of works and services in respect of the subdivision of land, and for that purpose may, by bylaw, do one or more of the following: (a) regulate and prescribe minimum standards for the dimensions, locations, alignment and gradient of highways in connection with subdivisions of land; (b) require that, within a subdivision, highways, sidewalks, boulevards, boulevard crossings, transit bays, street lighting or underground wiring be provided, and be located and constructed in accordance with the standards established by the bylaw; (c) require that, within a subdivision, a water distribution system, a fire hydrant system, a sewage collection system, a sewage disposal system, a drainage collection system or a drainage disposal system be provided, located and constructed in accordance with the standards established in the bylaw. (2) A bylaw under subsection (1) may be different in relation to one or more of the following: (a) different circumstances; (b) different areas; (c) different land uses; (d) different zones; (e) different classes of highways. (3) A local government must not impose a requirement under subsection (1) (b) or (c) in respect of a subdivision under the Condominium Act. (3.1) Before it is adopted, a bylaw under subsection (1) (a) or (b) that establishes standards or requirements in relation to highways in an area outside a municipality (a) must be approved by the Minister of Transportation and Highways, if the regional district provides the general service referred to in section 797 (1) (c.1), and (b) may be approved by the Minister of Transportation and Highways for the purposes of section 13.1 (4) of the Highway Act. (4) If a local government, an improvement district or greater board operates a community water or sewer system, or a drainage collection or disposal system, the local government may, by bylaw, require that a system referred to in subsection (1) (c) be connected to the local government, improvement district or greater board system, in accordance with standards established in the bylaw. (5) If there is no community water system, the local government may, by bylaw, require that each parcel to be created by the subdivision have a source of potable water having a flow capacity at a rate established in the bylaw. (6) As a condition of (a) the approval of a subdivision, or (b) the issue of a building permit, a local government may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway. (7) As a condition of the issue of a building permit, a local government may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section. (8) Requirements under subsections (6) and (7) (a) may only be made insofar as they are directly attributable to the subdivision or development, and (b) must not include specific works or services that are included in the calculations used to determine the amount of a development cost charge, unless the owner agrees to provide the works or services. (9) If the owner agrees to provide the works or services referred to in subsection (8) (b), the calculation of the development cost charge is subject to section 933 (8). Excess or extended services and latecomer payments 939 (1) For the purposes of this section, "excess or extended services" means (a) a portion of a highway system that will provide access to land other than the land being subdivided or developed, and (b) a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed. (2) A local government may require that the owner of land that is to be subdivided or developed provide excess or extended services. (3) If an owner, in accordance with a bylaw under section 938, provides a highway or water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this section applies. (4) If a local government makes a requirement under subsection (2), the cost of providing the excess or extended services must be paid for by (a) the municipality or regional district, or (b) if the local government considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed. (5) If the owner is required under subsection (4) (b) to pay all or part of the costs of excess or extended services, the municipality or regional district must (a) determine the proportion of the cost of providing the highway or water, sewage or drainage facilities that it considers constitutes the excess or extended service, (b) determine which part of the excess or extended service that it considers will benefit each of the parcels of land that will be served by the excess or extended service, and (c) impose, as a condition of an owner connecting to or using the excess or extended service, a charge related to the benefit determined under paragraph (b). (6) If the municipality or regional district pays all or part of the costs of excess or extended services, it may recover costs (a) by a charge under subsection (5) (c), or (b) by a rate, tax or charge under section 646 except subsection (6) of that section, and sections 648 and 651 apply. (7) If the owner pays all or part of the costs of excess or extended services, the municipality or regional district must pay the owner (a) all the charges collected under subsection (5) (c), if the owner pays all the costs, or (b) a corresponding proportion of all charges collected, if the owner pays a portion of the costs. (8) A charge payable under subsection (5) (c) must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins. (9) Charges payable for latecomer connections or use under subsection (5) (c) must be collected during the period beginning when the excess or extended services are completed, up to a date to be agreed on by the owner and the local government and, failing agreement, to a date determined under the Commercial Arbitration Act, but no charges are payable beyond 10 years from the date the service is completed. Completion of works and services 940 (1) All works and services required to be constructed and installed at the expense of the owner of the land being subdivided or developed must be constructed and installed to the standards established in the bylaw under section 938 before the approving officer approves of the subdivision or the building inspector issues the building permit. (2) As an exception, the approval may be given or the permit issued if the owner of the land (a) deposits, with the municipality or regional district, security (i) in the form and amount established in the bylaw, or (ii) if no amount and form is established in the bylaw, in a form and amount satisfactory to the approving officer or building inspector having regard to the cost of installing and paying for all works and services required under the bylaw, and (b) enters into an agreement with the municipality or regional district to construct and install the required works and services by a specified date or forfeit to the municipality or regional district the amount secured under paragraph (a). (3) As an exception, security may not be provided under subsection (2) to a regional district in relation to the construction of a highway unless a designated highways official, as defined in the Land Title Act, approves the provision of security for that purpose. Provision of park land 941 (1) An owner of land being subdivided must, at the owner's option, (a) provide, without compensation, park land of an amount and in a location acceptable to the local government, or (b) pay to the municipality or regional district an amount that equals the market value of the land that may be required for park land purposes under this section determined under subsection (6). (2) Despite subsection (1), if an official community plan or a rural land use bylaw contains policies and designations respecting the location and type of future parks, the local government may determine whether the owner must provide land under subsection (1) (a) or money under subsection (1) (b). (3) The option established by subsection (1) does not apply if a regional district does not exercise a power to provide a community parks service. (4) Subject to section 942 (6), the amount of land that may be required under subsection (1) (a) or used for establishing the amount that may be paid under subsection (1) (b) must not exceed 5% of the land being proposed for subdivision. (5) Subsection (1) does not apply to (a) a subdivision by which fewer than 3 additional lots would be created, (b) a subdivision by which the smallest lot being created is larger than 2 hectares, or (c) a consolidation of existing parcels. (6) If an owner opts to pay money under subsection (1) (b), the value of the land is whichever of the following is applicable: (a) the average market value of all the land in the proposed subdivision calculated as that value would be on either (i) the date of preliminary approval of the subdivision, or (ii) if no preliminary approval is given, a date within 90 days before the final approval of the subdivision, as though (iii) the land is zoned to permit the proposed use, and (iv) any works and services necessary to the subdivision have not been installed; (b) if the local government and the owner agree on a value for the land, the value on which they have agreed. (7) If an owner and a local government do not agree on the market value for the purpose of subsection (6), it must be determined in the manner prescribed in the regulations that the minister may make for the purpose. (8) If an area of land has been used to calculate the amount of land or money provided or paid under this section, that area must not be taken into account for a subsequent entitlement under subsection (1) in respect of any future subdivision of the land. (9) Subject to subsection (11), land or payment referred to in subsection (1) must be provided or paid to a municipality or regional district before final approval is given, or the owner and the local government may enter into an agreement that the land or payment be provided or paid by a date, specified in the agreement, after final approval has been given. (10) Notice of an agreement under subsection (9) must be filed with the registrar of land titles in the same manner as a permit may be filed and section 927 applies. (11) Despite subsection (9), the minister may, by regulation, (a) authorize the payment that may be required by this section to be made by instalments, and (b) prescribe the conditions under which instalments may be paid. (12) If an owner pays money for park land under this section, the municipality or regional district must deposit this in a reserve fund established for park land acquisition purposes, and sections 496 and 503 apply. (13) If land is provided for park land under this section, the land must be shown as park on the plan of subdivision. Provision of school sites 942 (1) This section applies in relation to a subdivision if an agreement referred to in subsection (4) has been entered into by the local government and the school board having responsibility for the school district in which the land being subdivided is located. (2) Subject to subsection (3), the owner of the land being subdivided must provide to the local government, without compensation, one of the following as required by the local government: (a) land for a school site (i) of an amount and in a location specified by the agreement, or (ii) if the amount and location of the required land is not specified in the agreement, of an amount and in a location on which the local government and the school board have agreed in accordance with the agreement; (b) a payment equal to the value, determined under subsection (7), of (i) the amount of land that is required under the agreement for school site purposes, or (ii) if the amount of land required for school site purposes is not specified in the agreement, the amount of land on which the local government and the school board have agreed in accordance with the agreement; (c) a combination of land and payment for land on which the local government and the school board have agreed in accordance with the agreement. (3) Subsection (2) (a) does not apply unless the school board has indicated a school site requirement in its current School District Capital Plan, as approved by the Minister of Education under the School Act, and (b) does not apply to (i) a subdivision by which fewer than 3 additional lots would be created, (ii) a subdivision by which the smallest lot being created is larger than 2 hectares, or (iii) a consolidation of existing parcels. (4) A local government and a school board may enter into an agreement respecting the provision of land or payments for school sites under this section, which agreement may include agreement on one or more of the following: (a) whether and to what extent subsection (2) (a), (b) or (c) applies to subdivisions that are wholly or partly within the school district of the school board; (b) the conditions on which and the procedures by which the local government and the school board may decide, in respect of any specific subdivision, on (i) whether subsection (2) (a), (b) or (c) applies to the subdivision, and (ii) the amount and location of any land and the amount of any payment that is to be provided under subsection (2) in respect of that subdivision; (c) in respect of the land provided to the local government under subsection (2) and section 941, the proportion of the land that is to be used for park purposes and the proportion of the land that is to be used for school purposes; (d) the terms under which and the procedures by which land and payments provided to the local government under this section are to be provided to the school board; (e) the manner in which the value of land may be determined and agreed on under subsection (7). (5) Subject to subsection (6), none of the following may exceed 5% of the land being proposed for subdivision: (a) the amount of land that may be required under subsection (2) (a); (b) the amount of land that may be used for establishing the amount that may be paid under subsection (2) (b); (c) the amount of land of which one part may be provided under subsection (2) (c) and of which the other part is to be used to establish an amount to be paid under that subsection. (6) Either of the following may exceed 5% of the land being proposed for subdivision provided that they do not, in total, exceed 10% of that land: (a) the amount of land referred to in subsection (5) (a), (b) or (c); (b) the amount of land that may be required under section 941 (1) (a) or used for establishing the amount that may be paid under section 941 (1) (b). (7) If an owner is required to pay money under subsection (2) (b) or (c), the value of the land is whichever of the following is applicable: (a) the average market value of all the land in the proposed subdivision calculated as at either (i) the date of preliminary approval of the subdivision, or (ii) if no preliminary approval is given, a date within 90 days before the final approval of the subdivision, as though (iii) the land is zoned to permit the proposed use, and (iv) any works and services necessary to the subdivision have not been installed; (b) if the local government, the school board and the owner agree on a value for the land, the value on which they have agreed. (8) If the local government, the school board and the owner do not agree on the value of the land for the purpose of subsection (7), it must be determined in the manner prescribed in the regulations that the minister may make for the purpose. (9) If land or payment has been provided to a local government under subsection (2) in respect of land being subdivided, subsection (2) does not apply to any further subdivision of that land. (10) Subject to subsection (11), the land, payment or land and payment referred to in subsection (2) must be provided to the local government in accordance with the agreement referred to in subsection (4) before final approval of the proposed subdivision is given. (11) The local government may, in accordance with the terms of the agreement referred to in subsection (4), enter into an agreement with the owner that the land, payment or land and payment referred to in subsection (10) be provided by a date, specified in the agreement with the owner, after final approval of the proposed subdivision has been given. (12) Despite subsections (10) and (11), the minister may, by regulation, (a) authorize the payment that may be required by this section be made by instalments, and (b) prescribe conditions under which instalments may be paid. (13) Final approval must not be given to a subdivision referred to in this section unless one or more of the following, as required by the local government, has occurred: (a) if land is required to be provided under subsection (2), (i) a registerable transfer of the land has been provided to the local government, and (ii) the approving officer has endorsed on the subdivision plan a statement that final approval to the subdivision is given on the condition that the registerable transfer of land will accompany the application to deposit the subdivision plan in the land title office; (b) if a payment is required under subsection (2), the payment has been provided to the local government; (c) the owner has provided to the local government, in a form satisfactory to the local government, security for one or both of the land or payment required under subsection (2). (14) If the owner pays money for school site land under subsection (2) (b) or (c), the local government to which the payment is made must, promptly after receipt of the money, provide the money to the school board having responsibility for the school district in which the land being subdivided is located. (15) If land is provided for a school site under subsection (2) (a) or (c), the local government to which the land is provided must, promptly after receipt of title to the land, transfer title to the land to the school board having responsibility for the school district in which the land being subdivided is located. Bylaws adopted after application for subdivision submitted 943 If, after (a) an application for a subdivision of land located outside a municipality has been submitted to a district highway manager in a form satisfactory to that official, or (b) an application for a subdivision of land within a municipality has been submitted to an approving officer and the applicable subdivision fee has been paid, a local government adopts a bylaw under this Part that would otherwise be applicable to that subdivision, the bylaw has no effect with respect to that subdivision for a period of 12 months after it was adopted unless the applicant agrees in writing that it should have effect. Parcel frontage on highway 944 (1) If a parcel being created by a subdivision fronts on a highway, the minimum frontage on the highway must be the greater of (a) 10% of the perimeter of the lot that fronts on the highway, and (b) the minimum frontage that the local government may, by bylaw, provide. (2) A local government may exempt a parcel from the statutory or bylaw minimum frontage provided for in subsection (1). (3) As a limitation on section 176 (1) (e) [corporate powers -- delegation], a local government may only delegate its powers under subsection (2) to an approving officer. Highway provision and widening 945 (1) An approving officer may require that the owner of the land being subdivided provide, out of the land that is being subdivided and without compensation, land not greater than (a) 20 metres in depth, for a highway within the subdivision, or (b) the lesser of (i) 10 metres in depth, and (ii) the difference between the current width of a local highway and 20 metres, for widening an existing local highway that borders or is within the subdivision. (2) If the approving officer believes that, due to terrain and soil conditions, a roadway of a width of 8 metres cannot, within the 20 metre limit referred to in subsection (1), be adequately supported, protected or drained, the approving officer may determine that the owner provide, without compensation, land of a greater width than that referred to in subsection (1) (a) or (b) that, in the approving officer's opinion, would permit the local highway to be supported, protected or drained. Subdivision to provide residence for a relative 946 (1) If the requirements of this section are met, an approving officer may approve the subdivision of a parcel of land that would otherwise be prevented from subdivision by a provision in (a) a bylaw under this Act other than a bylaw under subsection (4), or (b) a regulation under the Local Services Act that establishes a minimum parcel size. (2) An application for subdivision of a parcel under this section may only be made if all the following requirements are met: (a) the person making the application has owned the parcel for at least 5 years before making the application; (b) the application is made for the purpose of providing a separate residence for the owner or for the owner's mother, father, mother-in-law, father-in-law, daughter, son, daughter-in-law, son-in-law or grandchild; (c) the subdivision would not be a subdivision that an approving officer is prevented from approving by subsection (3). (3) Despite subsection (1), an approving officer must not approve a subdivision under this section in any of the following circumstances: (a) if (i) the parcel proposed to be subdivided is classified as farm land for assessment and taxation purposes, and (ii) after creation of the parcel subdivided for the purpose of providing a residence as stated in subsection (2) (b), the remainder of the parcel proposed to be subdivided would be less than 2 hectares; (b) if the parcel proposed to be subdivided (i) is not within an agricultural land reserve established under the Agricultural Land Commission Act, and (ii) was created by subdivision under this section, including subdivision under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced by section 13 of the Municipal Amendment Act (No. 2), 1989; (c) if the parcel proposed to be subdivided (i) is within an agricultural land reserve established under the Agricultural Land Commission Act, and (ii) was within the previous 5 years created by subdivision under this section, including subdivision under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced by section 13 of the Municipal Amendment Act (No. 2), 1989. (4) Subject to subsections (5) and (6), a local government may, by bylaw, establish the minimum size for a parcel that may be subdivided under this section, and different sizes may be specified for different areas specified in the bylaw. (5) A bylaw under subsection (4) does not apply to land within an agricultural land reserve established under the Agricultural Land Commission Act. (6) Any parcel created by subdivision under this section must be at least 1 hectare unless a smaller area, in no case less than 2 500 m2, is approved by the medical health officer. (7) For 5 years after subdivision under this section, (a) the use of the parcel subdivided for the purpose of providing a residence as stated in subsection (2) (b) must be residential use only, and (b) the use of the remainder of the original parcel must not be changed from the use of the original parcel, unless the use is changed by bylaw. (8) For a parcel of land that is not within an agricultural land reserve established under the Agricultural Land Commission Act, approval of subdivision under this section may only be given on the condition that (a) the owner of the original parcel covenants with the local government, in respect of each of the parcels being created by the subdivision, that the parcel (i) will be used as required by subsection (7), and (ii) will not be subdivided under this section, and (b) the covenants referred to in paragraph (a) be registered under section 219 of the Land Title Act at the same time that application is made to deposit the subdivision plan. (9) If a subdivision referred to in subsection (8) is approved, the approving officer must state on the note of approval required by section 88 of the Land Title Act that the approval is subject to conditions established by subsection (8). Division 12 — Contaminated Sites Assessment of site profiles 946.1 (1) In this Division, "municipality" means a city, town or village incorporated by or under an Act, and includes a district municipality and a regional district. (2) A municipality must (a) assess site profiles referred to in section 26.1 (1) of the Waste Management Act, and (b) in accordance with section 26.1 (5) of the Waste Management Act, provide site profiles to a manager. Waste Management Act requirements must be met 946.2 (1) This section applies to an application for one or more of the following: (a) zoning; (b) development permits or development variance permits; (c) removal of soil; (d) demolition permits respecting structures that have been used for commercial or industrial purposes; (e) activities prescribed by regulation under the Waste Management Act. (2) Despite section 929, a municipality must not approve an application referred to in subsection (1) if the municipality (a) has not received a site profile required under section 26.1 of the Waste Management Act, (b) has received a site profile but has not sent it to the manager under section 26.1 (5) (b) of the Waste Management Act, (c) has sent a site profile to the manager under section 26.1 (5) (b) of the Waste Management Act but has not received notice that a site investigation under section 26.2 of that Act will not be required, or (d) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 27.6 of the Waste Management Act from the person making an application referred to in subsection (1) (a) to (e). Section Repealed 946.3 [Repealed 1998-34-207.] [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------

Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada This is not the official version. Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT — Continued [RSBC 1996] CHAPTER 323 Part 27 — Heritage Conservation Division 1 — General Definitions 947 (1) The definitions in section 872 apply to this Part. (2) In addition to the definitions made applicable by subsection (1), in this Part: "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 local government or a delegate; "delegate" means, in relation to a power or duty, a person given authority under section 176 (1) (e) [corporate powers -- delegation] to exercise that power or duty; "heritage alteration permit" means a permit under section 972; "heritage conservation area" means an area designated under section 880 (1) in an official community plan; "heritage designation bylaw" means a bylaw under section 967; "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 966; "real property" includes buildings, structures and other improvements affixed to the land. (3) A regional district does not have authority under this Part and its board is not a local government for the purposes of this Part unless the regional district has adopted a bylaw to establish and operate a service under section 799 (1) (j). (4) A provision of this Part that applies to an officer or employee of a local government may apply to an officer or employee of another government with the approval of that government. Limits on the use of this Part 948 (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 local government, necessary for the conservation of adjacent or proximate real property that is protected heritage property, (b) with respect to a site that has heritage value or heritage character related to human occupation or use, or (c) with respect to individual landmarks and other natural features that have cultural or historical value. (2) This Part must not be used to restrict a forest management activity relating to timber production or harvesting (a) on land that is forest reserve land under the Forest Land Reserve Act, or (b) on managed forest land other than forest reserve land, so long as the managed forest land continues to be used only for that purpose. (3) This Part must not be used to prevent a use of real property that is permitted under the applicable zoning bylaw for the property or to prevent the development of land to the density allowed in respect of that permitted use under the applicable zoning bylaw, except with regard to property that (a) is designated by a heritage designation bylaw, or (b) is subject to temporary heritage protection under this Part. (4) 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. Limit on compensation 949 Except as provided in sections 956 (7) and 969 a person is not 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. Bylaw and permit procedures 950 (1) A local government may, by bylaw, define procedures under which a person may apply for an amendment to a bylaw under this Part or for the issue of a permit under this Part. (2) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the votes cast. (3) Every application for a heritage alteration permit or the amendment of a bylaw under this Part must be considered by the local government or, if applicable, its delegate. (4) The applicant or owner of property subject to a decision made by a delegate is entitled to have the local government reconsider the matter. Section Repealed 951 [Repealed 1998-34-210.] Ombudsman review of local government decisions 952 (1) The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by a local government under this Part or about procedures used by a local government under this Part. (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 967. (3) The Ombudsman Act, other than section 11 (1) (a) of that Act, applies to investigations under this section and, for that purpose, the local government 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 local government 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 23 or 24 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the local government 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 local government. (7) Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act. Division 2 — Heritage Review Community heritage commissions 953 (1) A local government may, by bylaw, do one or more of the following: (a) establish one or more community heritage commissions, which may be different for different areas and different purposes; (b) authorize existing organizations to act as community heritage commissions; (c) establish one or more joint community heritage commissions with one or more other local governments. (2) A bylaw under subsection (1) (a) must establish the terms of reference for the community heritage commission, and (b) must, if the bylaw establishes a community heritage commission under subsection (1) (a) or (c), establish (i) the composition of the community heritage commission, (ii) the manner by which the members of the community heritage commission are to be appointed, and (iii) the procedures governing the conduct of the community heritage commission or the manner by which these procedures are to be established. (3) A community heritage commission under subsection (1) may do the following: (a) advise the local government on any matter that is included in its terms of reference; (b) advise the local government on matters referred to it by the local government; (c) undertake or provide support for activities that are included in its terms of reference or otherwise authorized by the local government. (4) Subject to section 226 [expulsion from meeting for improper conduct], meetings of a community 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 local government has authorized the commission to meet in private. Community heritage register 954 (1) A local government may, by resolution, establish a community heritage register that identifies real property that is considered by the local government to be heritage property. (2) The community heritage register (a) must indicate the reasons why property included in a community heritage register is considered to have heritage value or heritagecharacter, 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 community heritage register or deleting property from a community heritage register, the local government must give notice of this (a) to the owner of the heritage property in accordance with section 974, and (b) to the minister responsible for the Heritage Conservation Act in accordance with section 977. (4) The protection of heritage property is not affected by an error or omission in a community heritage register. Heritage recognition 955 (1) A local government may recognize the heritage value or heritage character of a heritage property, an area or some other aspect of the community's heritage. (2) The local government may have a plaque or other marker installed to indicate recognition under subsection (1), subject to the requirement that permission for this must be obtained from the owner of the property on which the marker is installed. Heritage inspection may be ordered 956 (1) For the purposes of assessing the heritage value, heritage character or the need for conservation of real property, a local government 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 community heritage register; (c) the property is or may be heritage property according to criteria that the local government may, by bylaw, 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, (d) may provide that the property covered by the order is subject to temporary protection as provided in section 965 until the applicable time under subsection (3) or section 957 (5), and (e) may include terms, conditions and specifications that the local government 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 957 (5): (a) the day after a report of the results of the heritage inspection is delivered to a regular meeting of the local government; (b) the day the local government 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 inconspicuous as reasonably possible given the requirements of the heritage inspection. (6) On completion of a heritage inspection, the local government 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 local government or, if the damage cannot be repaired, to compensation from the local government. Entry authority for a heritage inspection 957 (1) An order under section 956 (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) Before 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 956 authorizes entry into a building without the permission of the owner or occupier. (4) A justice may issue a warrant authorizing a person to enter land or a building to conduct a heritage inspection ordered under section 956 (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 investigation 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 956 (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. Impact assessment may be required 958 (1) If, in the opinion of the local government or its delegate, an approval may affect protected heritage property, the local government or delegate may require the applicant for the approval, before the approval is issued, (a) to provide the local government 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 on the heritage property, or (b) to permit the local government or delegate to undertake, at the expense of the local government, studies regarding the matters referred to in paragraph (a) provided that those 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 local government or its delegate without the agreement of the applicant. Local government requests for Provincial protection 959 (1) If, in the opinion of a local government, real property owned by the Provincial government has heritage value or heritage character, the local government may, by resolution, request that the Lieutenant Governor in Council consider protection of the property under the Heritage Conservation Act. (2) Within 5 days after a resolution under subsection (1) is adopted, the local government 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 965 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 local government in writing that the temporary protection is ended. (4) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Provincial government. (5) No more than one request may be made under subsection (1) with respect to any particular building, structure or site during any one 10 year period. Division 3 — Temporary Protection Withholding of approvals 960 (1) A local government may, by bylaw, direct or authorize the officers or employees of the local government who issue approvals to withhold the issuance of any approval for an action that, in the opinion of the person responsible for issuing the approval, would alter or cause an alteration to any of the following: (a) protected heritage property; (b) property subject to temporary heritage protection under another section of this Part; (c) property in a community heritage register. (2) A bylaw 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 local government at its next regular meeting after the approval is withheld. (4) If an approval is referred to the local government with regard to property referred to in subsection (1) (a) or (b), the local government 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; (b) the applicant agrees to terms and conditions satisfactory to the local government 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 person responsible for issuing the approval to be protected under the Heritage Conservation Act, the local government 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 local government under subsection (3). Withholding of demolition permits until other approvals issued 961 (1) Without limiting section 960, a local government may, by bylaw, direct or authorize the officers or employees of the local government who issue permits for demolition to withhold approval for demolition 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 a community heritage register established under section 954, until a building permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site. (2) A local government 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. Orders for temporary protection 962 (1) A local government may order that real property is subject to temporary protection in accordance with section 965 if the local government considers that (a) the property is or may be heritage property, or (b) protection of the property may be necessary or desirable for the conservation 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 time period may not be longer than 60 days unless the owner of the property agrees to a longer time period, and (b) must not be made more than once in a 2 year period without the agreement of the owner of the property. (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. Temporary protection by introduction of a continuing protection bylaw 963 (1) For a period of 120 days beginning on the date of first reading of a bylaw to adopt an official community plan that designates a heritage conservation area, section 971 (1) applies to all properties in the area as if the bylaw had already been adopted. (2) For a period of 60 days beginning on the date of the first reading of a heritage designation bylaw, section 967 (3) applies as if the heritage designation bylaw had already been adopted. (3) If the owner of property to which subsection (2) applies agrees, the local government may, by bylaw, extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection. (4) If the issue of compensation for designation is submitted to arbitration under section 969 before the heritage designation bylaw is adopted, the time period under subsection (2) is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the local government. (5) If a local government defeats or decides not to proceed with a bylaw, the protection under this section ends. Heritage control periods for temporary protection 964 (1) For the purposes of heritage conservation planning for an area identified in the bylaw, a local government may, by bylaw, declare a heritage control period with respect to the area. (2) A bylaw under subsection (1) must specify the length of the heritage control period, which period may not be longer than one year from the date of adoption of the bylaw. (3) A bylaw 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 bylaw. (4) During a heritage control period under subsection (1), property within the area covered by the bylaw is subject to temporary protection in accordance with section 965. (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. Temporary protection 965 (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 or structure; (b) make a structural change to a building or structure; (c) move a building or structure; (d) alter, move or take an action that would damage a fixture or feature identified in the authorizing resolution, order or bylaw for the temporary protection; (e) alter, excavate or build on the property. (2) The prohibition under subsection (1) does not apply to alterations that are, by the authorizing resolution, bylaw or order for the temporary protection, allowed to be made without a heritage alteration permit. Division 4 — Continuing Protection Heritage revitalization agreements 966 (1) A local government may, by bylaw, 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 one or more of the following: (i) Part 2 of a rural land use bylaw under section 887 (3); (ii) a bylaw under Division 7, 10 or 11 of Part 26; (iii) a permit under Division 9 of Part 26; (iv) a bylaw or heritage alteration permit under this Part; (c) include other terms and conditions that may be agreed on by the local government and the owner. (3) A heritage revitalization agreement prevails over a bylaw or permit referred to in subsection (2) (b) to the extent of any conflict. (4) A heritage revitalization agreement may only be amended by bylaw with the consent of the owner. (5) A local government 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 bylaws. (6) A local government must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved as follows: (a) by the Minister of Environment, Lands and Parks, if the agreement or amendment varies a bylaw under section 910; (b) by the Minister of Transportation and Highways, if the agreement or amendment covers land subject to section 54 (2) of the Highway Act; (c) by the minister, if circumstances prescribed under subsection (7) apply. (7) The minister may, by regulation, prescribe circumstances in which approval under subsection (6) (c) is required. (8) Before entering into or amending a heritage revitalization agreement, a local government must hold a public hearing on the matter 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, sections 890 to 894 apply. (9) Within 30 days after entering into or amending a heritage revitalization agreement, the local government must (a) file a notice in the land title office in accordance with section 976, and (b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 977. (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. Heritage designation protection 967 (1) A local government may, by bylaw, on terms and conditions it considers appropriate, designate real property in whole or in part as protected under this section if the local government 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. (2) A heritage designation bylaw 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 bylaw; (d) apply to landscape features identified in the bylaw; (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; (g) establish policies regarding the issuance of heritage alteration permits in relation to property covered by the bylaw. (3) Except as authorized by a heritage alteration permit or allowed under subsection (2) (f), a person must not do any of the following: (a) alter the exterior of a building or structure protected under this section; (b) make a structural change to a building or structure protected under this section; (c) move a building or structure protected under this section; (d) alter, remove or take an action that would damage an interior feature or fixture that is identified under subsection (2) (c); (e) alter, remove or take an action that would damage a landscape feature that is identified under subsection (2) (d); (f) alter, excavate or build on land protected under this section. Heritage designation procedure 968 (1) Before a heritage designation bylaw is adopted, the local government must hold a public hearing on the proposed bylaw for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed bylaw. (2) Sections 890 (2), (3) and (5) to (8), 891 and 894 apply with respect to the public hearing and enactment of the heritage designation bylaw. (3) At least 10 days before the public hearing, a notice in the prescribed form must be given in accordance with section 974 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, with the last publication to be at least 3 days but not more than 10 days before the public hearing. (5) The local government must have a report prepared 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 official community plan and any other 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 local government office during its regular office hours. (7) No heritage designation bylaw is invalid for inadvertent and minor non- compliance with this section or Division 6 of this Part, or for an error or omission in the report required under subsection (5). (8) Within 30 days after a local government adopts or defeats a heritage designation bylaw or determines not to proceed with the bylaw, the local government must give notice of this in the prescribed form to the owners entitled to notice under subsection (3) (a). (9) Within 30 days after adopting a heritage designation bylaw, the local government must give notice of this (a) to the land title office in accordance with section 976, and (b) to the minister responsible for the Heritage Conservation Act in accordance with section 977. Compensation for heritage designation 969 (1) If a designation by a heritage designation bylaw causes, or will cause at the time of designation, a reduction in the market value of the designated property, the local government must compensate an owner of the designated property who makes an application under subsection (2), in an amount or in a form the local government 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 local government 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 bylaw is adopted, and (b) may be made before the heritage designation bylaw is adopted. (4) If the local government 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 local government 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 local government 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 local government defeats, or decides not to proceed with, the designation bylaw. (8) Nothing in this section authorizes the local government to give any financial or other benefit to an owner except that which is commensurate with the reduction in the market value of the designated property caused by that designation. (9) This section does not apply with respect to property that, immediately before the adoption of the heritage designation bylaw, is already designated under a heritage designation bylaw or under section 9 of the Heritage Conservation Act. Heritage site maintenance standards 970 (1) A local government may, by bylaw, establish minimum standards for the maintenance of real property that is (a) designated as protected by a heritage designation bylaw, or (b) within a heritage conservation area. (2) Different standards may be established under subsection (1) for different areas or for different types or classes of property. Heritage conservation areas 971 (1) If an official community plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued: (a) subdivide land within the area; (b) start the construction of a building or structure or an addition to an existing building or structure within the area; (c) alter a building or structure or land within the area; (d) alter a feature that is protected heritage property. (2) Subsection (1) does not apply if conditions established under section 880 (3) (a) apply. (3) If a heritage alteration permit is required by subsection (1), a delegate may only act in relation to such a permit if (a) the property is protected heritage property, or (b) the permit relates to a feature or characteristic identified under section 880 (3) (c). Division 5 — Heritage Alteration Permits Heritage alteration permits 972 (1) A local government or its delegate may issue a heritage alteration permit authorizing alterations or other actions if the authorization is required by (a) this Act or by a bylaw or order under this Act, (b) a heritage revitalization agreement, or (c) a covenant under section 219 of the Land Title Act. (2) The heritage alteration permit may, in relation to protected heritage property or property within a heritage conservation area, vary or supplement provisions of one or more of the following: (a) Part 2 of a rural land use bylaw under section 887 (3); (b) a bylaw under Division 7, 10 or 11 of Part 26; (c) a permit under Division 9 of Part 26; (d) a bylaw or heritage alteration permit under this Part. (3) A permit issued under this section prevails over a bylaw or permit referred to in subsection (2) to the extent of any conflict. (4) The following restrictions apply to subsection (2): (a) the use or density of use may not be varied; (b) a flood plain specification under section 910 (2) may not be varied; (c) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under section 880 (2) (c) for the heritage conservation area. (5) A local government or its delegate may refuse to issue a heritage alteration permit for an action that, in the opinion of the local government or delegate, would not be consistent with the purpose of the heritage protection of the property. (6) If the refusal to issue a heritage alteration permit prevents the use of land that is allowed under the applicable zoning bylaw or the development of land to the density that is allowed under the applicable zoning bylaw in respect of that permitted use, the local government or delegate must inform the applicant of the requirements or conditions under which a use or density proposed by the applicant in accordance with section 948 (3) would be allowed. Requirements and conditions in a heritage alteration permit 973 (1) A heritage alteration permit may be made subject to the terms, requirements and conditions that the local government or its delegate considers consistent with the purpose of the heritage protection of the property. (2) Without limiting 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 and structures; (c) if the permit is required by this Part or a bylaw or order under this Part, a requirement that the applicant provide a specified amount of security, in a form satisfactory to the local government, 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 a local government 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 local government 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 local government may recover the cost of the work undertaken under subsection (4) and the cost of incidental expenses incurred by the local government by applying the security provided 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 local government may add the cost of works undertaken and incidental expenses, or the remaining costs, to the taxes payable to the local government 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 local government must, subject to subsection (5), return any security provided under subsection (2) (c) to the person who provided it. (8) If a local government delegates the power to require security under subsection (2) (c), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined. Division 6 — Notices under this Part Giving notice to owners and occupiers 974 (1) Any notice required to be given to an owner or occupier under section 880 (4) or this Part 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 by 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 978. (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 975. (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. Posting notice on protected heritage property 975 (1) A local government 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 956, 959, 962, 963 or 964. (2) Before or when entering land to post a notice, the local government must make a reasonable effort to inform the owner or occupier of the land. (3) Except as authorized by the local government, a person must not alter or remove a notice posted under the authority of this section. Notice on land titles 976 (1) A local government 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 343 (1) or 845 (1); (b) property that is subject to a heritage revitalization agreement; (c) property designated by a heritage designation bylaw. (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, agreement or bylaw referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the local government must notify the land title office. (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 a local government 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 Provincial government 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 386 of the Land Title Act applies in respect of those fees. Notice to minister responsible for the Heritage Conservation Act 977 (1) A local government 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 342 or 844; (b) heritage property included under section 880 (3) (b) in a schedule to an official community plan; (c) heritage property identified in a community heritage register under section 954; (d) heritage property that is subject to a heritage revitalization agreement; (e) property designated by a heritage designation bylaw. (2) If the provisions that require that notice must be given under subsection (1) no longer apply to any real property, the local government 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 959 (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. Regulations regarding notices 978 (1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice under this Part or under section 342 (5), 844 (5) or 880 (4) or (5). (2) Regulations under subsection (1) may be different for different types of notices and for different types of properties. Division 7 — Remedies and Offences Civil remedies in relation to heritage property 979 (1) A local government may apply to the Supreme Court for an order for compliance or restoration if a person does one or more of the following: (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) fails to comply with a direction of the Ombudsman under section 952 (4); (d) fails to bring property up to the standards established under section 970. (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 952 (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 local government 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 local government for the cost of the work performed and the cost of incidental expenses accruing under the order. (4) Without limiting subsection (3), the court may authorize the local government to add the cost of the work undertaken and the cost of incidental expenses under the order to the taxes payable to the local government with respect 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 981 in relation to the matter. Notice of contravention may be filed in land title office 980 (1) An officer or employee of a local government may recommend to the local government 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 local government under section 219 of the Land Title Act in relation to heritage property has been contravened. (2) Sections 700 and 701 apply for the purposes of this section as though the person making the recommendation under subsection (1) of this section were a building inspector making a recommendation under section 700 (1). (3) The authority under subsection (1) is in addition to any other action the person or local government is authorized to take in relation to the matter. Offences and penalties 981 (1) 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 imprisonment 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. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------

Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada This is not the official version. Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT — Continued [RSBC 1996] CHAPTER 323 Part 28 — Replotting Schemes Division 1 — Interpretation Definitions 982 For the purposes of this Part: "common mass" means the common mass of property referred to in section 986 (1); "district" means a part of a municipality defined by the council under section 984; "former parcel" means a parcel existing before the completion of a replotting scheme, and includes any portion of land formerly a portion of a highway, park or public square, or of land indicated as such on a plan of subdivision deposited in the land title office; "new parcel" means a parcel created or intended to be created by a replotting scheme, and includes a portion of land created or intended to be created as a portion of a highway, park or public square, or of land indicated as such on a plan of subdivision deposited in the land title office under this Part; "owner" means a purchaser of real property under an unregistered agreement for sale and purchase, a registered owner of an estate in fee simple, a registered owner of a charge or a tax sale purchaser during the redemption period, and includes the Provincial government, a Provincial government corporation and the municipality. Application of Part 983 (1) This Part applies to Crown land in a district held by purchasers from the Provincial government and in that case both the Provincial government and the purchasers are deemed to be owners for the purposes of this Part. (2) [Repealed 1997-25-152.] Division 2 — Preparation and Initiation of Scheme Preliminary definition of district 984 A council may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members, (a) define a part of the municipality as a district for the purpose of replotting, and (b) authorize the preparation of a scheme, including incidental preliminary surveys, for the replotting of the district. Information included in scheme 985 (1) A replotting scheme must indicate the following: (a) the proposed relocation and exchange of parcels of real property in which the Provincial government or the municipality has no estate or interest; (b) whether compensation is to be proposed to the respective owners and its amount; (c) the value of any surplus real property; (d) the new location of a building, structure, erection or utility that is to be moved. (2) A replotting scheme may set out an apportionment of the net cost of the scheme between the municipality and the owners, consideration being given to (a) the saving that the scheme may effect in the expenditure of the municipality for highways and municipal utilities, and (b) the increased taxation that may be derived by the municipality from the increased value of the real property in the district. (3) An apportionment under subsection (2) may or may not be as provided by section 1011. General principles of replotting 986 (1) For the purpose of a replotting scheme, all the parcels and highways and all other real property in the district at the initiation of the scheme form one common mass of real property. (2) From the common mass is to be taken the real property necessary for highways, parks or public squares, which stands in the place of and compensates the Provincial government, the municipality and the public for the surrender of all former highways, parks or public squares. (3) The remainder of the common mass must be divided into parcels for allotment to the owners in a fair and equitable manner, so that as far as possible the value of new parcels allotted to them are equal to the value of their former parcels. (4) An allotment, decision, award, consent or other proceeding under this Part is binding on and inures to the benefit of the person who owns the real property affected. Reallotment of parcels 987 (1) In a replotting, (a) effort must be made to allot to owners new parcels in approximately the same location as their former parcels, and (b) parcels with buildings, structures, erections or utilities erected on them, subject to the necessary adjustment of boundaries, must be returned to their former owners wherever practicable. (2) The allotment of new parcels in exchange for former parcels must be carried out as far as practicable with the consent of the respective owners. (3) Failing consent of an owner, there may be allotted to the owner a new parcel or parcels of value equal as nearly as possible to the value of the owner's former parcel or parcels, or compensation in money may be made to the owner instead of an allotment of real property. (4) Unavoidable differences of value between former parcels and new parcels may be equalized by (a) granting money compensation, or (b) with the owner's consent or agreement, allotting to the owner of a new parcel of greater value than the owner's former parcel for a cash payment or on terms. (5) If a new parcel is allotted under subsection (4) (b) on terms, the municipality may take a mortgage, with agreed interest, from the owner for payment of the difference in value. (6) Any real property not allotted as provided above may be allotted to any owner at an agreed price, the amount of which must be paid to the municipality. (7) The whole of the real property remaining unallotted must be allotted to the municipality and is surplus real property. Municipality may acquire charges 988 Subject to making compensation for a charge against a former parcel, the municipality may (a) acquire such a charge and hold it as a charge against a new parcel allotted to the owner of the former parcel, and (b) take all necessary proceedings for the collection of the amount due under and by virtue of the charge or for the sale, transfer or realization of the security created by it. Notice requirements for initiation of a scheme 989 (1) Before initiating a replotting scheme, the council must have notice of the scheme published in a newspaper. (2) Also before initiating a replotting scheme, the council must have the following sent to each owner of a parcel in the district, in the manner provided for the giving of notice under section 414: (a) a plan showing the real property in the district as presently subdivided and a plan showing that property as if replotted under the proposed scheme, with both plans having marked on them (i) the dimensions of the boundaries of each parcel shown, and (ii) the scale of the plan, which must be the same for both plans and which must not be smaller than 1 to 1 000; (b) a statement of (i) the estimated total cost of the scheme, (ii) the cost to be borne by the municipality, (iii) the total cost to be borne by all the owners, and (iv) the portion of the cost for each new parcel; (c) a statement showing (i) the number of instalments by which the owner's share of the cost may be paid, (ii) at what interval after completion of the scheme the first instalment will be due, and (iii) at what intervals any remaining instalments will be due; (d) the proposed allotment of new parcels for former parcels; (e) a form of consent to the replotting proposed by the scheme as it affects the owner's property, including (i) the details of (A) any compensation proposed to be paid by the municipality for the real property as a result of the scheme, or (B) any sums requested to be paid to the municipality for the real property as a result of the scheme, and (ii) a space in which, if the owner signs the consent and returns it to the municipality, the owner must set out (A) the market or true value of the real property, and (B) the amount or proportion the owner considers to be the value of the owner's interest. General consent of owners to scheme 990 (1) The council may, by resolution, authorize the initiation of the replotting scheme without further consent by other owners in the district if the owners of parcels of real property, the assessed land value of which is at least 70% of the total assessed value of all the land in the district according to the last authenticated real property assessment roll, consent to the replotting set out in the scheme. (2) A consent referred to in subsection (1) must be in writing in the form referred to in section 989 (2) (e). (3) The calculation of the 70% of the assessed value referred to in subsection (1) must be determined as follows: (a) land only, without improvements, is to be considered for the purpose of this section; (b) the value of an owner's interest in a parcel is the assessed value of the parcel if (i) the parcel is owned in fee simple, free of charges, (ii) the parcel is owned by a purchaser from the Provincial government or from a Provincial government corporation and the purchaser has completed the payments but the Crown grant, order in council or conveyance has not been delivered to or registered by the purchaser, or (iii) the parcel has been purchased at a tax sale and the period for redemption has not expired; (c) in the cases of parcels of real property held subject to one or more charges, (i) the value of the charges and of the estate in fee simple must be determined by multiplying the assessed value of the land by the true or market value of the particular interest in the parcel and dividing the resulting product by the true or market value of the parcel, and (ii) if the true or market values of an interest in real property cannot be determined from the information supplied by owners of a parcel under section 989 (2) (e), the designated municipal officer must assess and determine the values for the purposes of subparagraph (i) from whatever records or information are available to that municipal officer; (d) if a parcel of real property is held by a tenant for life, (i) the true or market value of the life estate is its present worth as determined by using the official Statistics Canada Tabulations of British Columbia life expectancy in effect when the valuation is made, and (ii) the true or market value of the estate in remainder in fee simple is the resulting balance, after subtracting the true or market value of the life estate from the true or market value of the parcel; (e) in the cases of multiple ownership of estates in fee simple and charges, (i) each tenant in common must be considered to consent to the proportion of the whole estate in fee simple or charge held by the tenant's proportion in the tenancy, and (ii) each joint tenant must be considered to consent to an equal share with each of the tenant's co-joint tenants in the whole estate in fee simple or charge. Consents binding on owners once given 991 (1) At any time before the commissioner gives his or her decisions under section 1007 (3), the designated municipal officer must receive from any owner the consent in writing referred to in section 989 (2) (e). (2) An owner who mails or delivers a consent to the municipality is bound by it, and no claims against the municipality may be allowed on matters specifically agreed to in the consent. Alterations to scheme may require new consents 992 (1) Alterations may be made in the replotting scheme before its completion. (2) If alterations affect the owners who have consented, the consent of all the affected owners is again required. Initiation of scheme by registration of resolution 993 (1) A copy of the resolution referred to in section 990 (1) [initiation of replotting], adopted by the council and certified by the municipal officer assigned responsibility under section 198 [corporate administration], together with the plans referred to in section 989 (2) (a), must be filed in the land title office. (2) When the resolution is filed under subsection (1), the registrar of land titles must cause a note of it to be made in every place in the records under the care of the registrar where title in fee simple to a parcel located in the district is registered. (3) The note under subsection (2) must be by the filing number and series, and the series may be the same as the series that includes caveats. (4) The replotting scheme is initiated when the note under subsection (2) is made. Effect of initiation 994 (1) A note under section 993 is notice to all persons having any right, title, interest, charge, claim or demand in, to or on the affected parcels, and to all persons subsequently dealing with them, that a scheme for their replotting has been initiated, and those persons are bound by all proceedings under this Part taken before and after that notice. (2) A person who has a right, title, interest, charge, claim or demand in, to, or on real property in the district that is not duly registered before the initiation of the scheme is not entitled to notice of proceedings under this Part, unless the person is a purchaser (a) from the Provincial government, (b) from the municipality, or (c) at a tax sale. (3) A person subsequently dealing with an affected parcel is not entitled to notice unless the person has (a) given the designated municipal officer written notice of the person's purchase or claim and evidence of its registration, and (b) provided that municipal officer with an address to which notices may be mailed. Resolution to complete or discontinue scheme 995 (1) Within 4 months after the initiation of a replotting scheme, the council must, by resolution, either (a) discontinue the replotting scheme, or (b) authorize the completion of the replotting scheme and put it into effect. (2) If a council resolves to discontinue a replotting scheme under subsection (1) (a), (a) the municipal officer assigned responsibility under section 198 [corporate administration] must file in the land title office a copy of the resolution to discontinue, certified under that officer's signature, and (b) the registrar of land titles must then cancel the note under section 993 (1). (3) If the council resolves to authorize the completion of the scheme under subsection (1) (b), the municipality must make application in accordance with section 996 to have title to the common mass registered in fee simple in trust for the owners of the new parcels. Division 3 — Implementation and Completion of Scheme Registration of common mass 996 (1) An application to have title to the common mass registered in fee simple in trust for the owners of the new parcels must be in the form prescribed under the Land Title Act and must be accompanied by the following: (a) a reference plan defining the common mass, signed by the municipal officer assigned responsibility under section 198 [corporate administration], and complying with the requirements of the Land Title Act for reference plans, other than the requirements of section 103 of that Act; (b) a certificate signed by the municipal officer assigned responsibility under section 198 [corporate administration], setting out (i) in the 1st column, compiled in numerical or alphabetical order, the description of each new parcel, (ii) in the 2nd column, opposite the description of the relevant new parcel, the description of the former parcel or parcels in respect of which the allotment of the new parcel has been made, (iii) in the 3rd column, opposite the description of the relevant new parcel, the name and address of the owner in fee simple to whom each new parcel has been allotted, (iv) in the 4th column, opposite the description of the relevant new parcel, the names of owners of all charges and their addresses and the nature and serial registration numbers of the charges registered against the former parcel or parcels in respect of which the allotment of the new parcel has been made, and (v) in the 5th column, opposite the description of the relevant new parcel, (A) the names and addresses of any claimant of a mechanics' lien, or certificate of pending litigation, caveator, or person giving notice of a claim under the Sale of Goods on Condition Act, or a spouse claiming the benefits of the Land (Spouse Protection) Act, and (B) the description of any former parcel or parcels in respect of which no allotment of a new parcel or parcels has been made; (c) a subdivision plan defining the new parcels, complying with the requirements of the Land Title Act and bearing the title "prepared under the replotting provisions of the Municipal Act"; (d) an application in the form prescribed under the Land Title Act to deposit the subdivision plan. (2) The registrar of land titles must examine the application forms, reference plan, subdivision plan and certificate and, if satisfied that they are in order and in compliance with this Part and the Land Title Act, must deposit the reference plan and assign to it a serial deposit number. Effect of deposit of reference plan 997 (1) The deposit of a reference plan under section 996 (a) vests in the municipality the title of the common mass, in trust as stated, in fee simple, free from all charges registered against former parcels, and (b) extinguishes all highways, parks or public squares within the common mass. (2) Subsection (1) binds the Provincial government. (3) On finding a good safe holding and marketable title in fee simple to the common mass, the registrar of land titles must register the title claimed by the municipality, and the Land Title Act then applies. (4) The municipality need not produce any former absolute, interim or duplicate indefeasible title to any former parcel, but on the issue of the indefeasible title to the municipality in trust all of those certificates are deemed to be cancelled. (5) After the registration under subsection (3), the registrar of land titles must deposit the subdivision plan, assign to it a serial deposit number, and issue any new indefeasible titles for the new parcels that are necessary. (6) The indefeasible titles under subsection (5) must be noted or endorsed, as the case may require, with all claims, demands or notices as set out in the 5th column of the certificate referred to in section 996 (1) (b). (7) The replotting scheme is completed when the requirements of subsection (6) are met, and after this the Land Title Act applies. (8) In addition to the application of the Land Title Act, the deposit of the subdivision plan vests title to the respective new parcels in the persons named in the 3rd and 4th columns of the certificate referred to in section 996 (1) (b) according to the estate, title or interest disclosed by the certificate, but subject to all claims, demands or notices set out in the fifth column of the certificate. Registration for owners of new parcels 998 (1) As soon as possible after the completion of the replotting scheme, the municipality must apply under the Land Title Act for registration on behalf of the persons who own the new parcels. (2) The registrar of land titles, in his or her discretion, may summarily reject or may refuse to register any application on behalf of an owner unless there is produced to the registrar any duplicate indefeasible title, or interim or absolute certificate of title to a former parcel that had not been produced before registration of the common mass under section 996. Rights of ownership and charges transferred 999 On completion of the replotting scheme, (a) except as otherwise dealt with under this Part, all rights, obligations and incidents of ownership of the owner of a former parcel or of an interest in it, and all public and private legal relationships with a former parcel, are deemed to be transferred to and exist in the new parcel allotted to the owner of the former parcel to the same extent and in the same manner as with the former parcel, (b) all conveyances, agreements, mortgages and other instruments, including grants of letters probate or letters of administration, in respect of parcels of real property described in them by a description appropriate to a former parcel and in respect of which registration of title had not been applied for before the completion of the replotting scheme must be construed as if the estate or interest passing or created or vested by them was in the new parcel, and (c) the new parcels and their respective owners are subject to and liable for all municipal charges, rates, taxes and assessments levied against their former respective parcels, and are subject to all proceedings taken and to be taken for the collection of municipal charges, rates, taxes and assessments in any manner provided for by law. Division 4 — Complaints regarding Compensation Allotments binding, although owners may complain regarding compensation 1000 On completion of the replotting scheme, the allotments of real property under it are absolutely binding to all intents and purposes on all the owners in the district, subject to the right of those owners who do not consent to the scheme to complain as to the adequacy of compensation proposed or the failure to propose compensation. Compensation for loss and damage 1001 (1) An owner who does not consent and who gives notice of complaint as provided in section 1004 has the right to compensation in money for the following: (a) any loss of value of the former parcel, in so far as adequate compensation is not afforded by the new parcel allotted; (b) any loss of, damage to or the cost of moving buildings or improvements on the former parcel; (c) any loss of income from the use of buildings or the special condition or use of the former parcel caused by the replotting scheme. (2) In determining the amount of compensation, (a) a former parcel must be valued at its market value at the time of the initiation of the replotting scheme, but an increase in its value caused by the anticipation or initiation of the scheme must not be taken into consideration, and (b) a new parcel must be valued at its market value on completion of the replotting scheme. (3) A person is not entitled to compensation for any of the following: (a) costs, expenses, loss, damage or inconvenience incurred or sustained in investigating the replotting proceeding or in presenting a complaint or making an appeal, or caused by the initiation of or delay in or discontinuance of the replotting scheme; (b) an actual or anticipated loss or inconvenience of access to new parcels or of use of a municipal or public utility or service due to the new highways not being open for traffic; (c) an actual or anticipated loss, damage or inconvenience suffered in common with all or with the major part of other owners; (d) a building or structure constructed, erected, placed or altered, or an improvement made to land after the initiation of the replotting scheme or an actual or anticipated loss, damage or expense incidental to it, or incidental to the removal of that building or structure; (e) a reduction in or loss of value due to reduction in area within the limits of a right to take land for highway purposes contained in the Crown grant of or statute applying to the land. Appointment of commissioner 1002 (1) Within one month after completion of the replotting scheme, the council must apply to the Supreme Court for the appointment of a commissioner to hold a public hearing of and to decide any complaints under sections 1000 and 1001 and the court must appoint a commissioner. (2) An application under subsection (1) may be made without notice to any other person. (3) If the council does not apply under subsection (1), any owner who did not consent may apply on notice to the council. (4) A person who is (a) a member of the council, (b) an owner within the district, or (c) the spouse of an owner within the district must not be appointed or act as a commissioner. (5) Before entering on the duties of office, the commissioner must subscribe and take the following oath before the municipal officer assigned responsibility under section 198 [corporate administration]: I, ...... , do solemnly swear that (a) I will truly and faithfully, and without fear, favour or partiality, execute the powers and trusts of a commissioner under Part 28 of the Municipal Act, according to the best of my knowledge and judgment, and (b) I am not disqualified from acting as a commissioner under that Act. (6) The municipality must pay the commissioner remuneration at a rate agreed between the commissioner and the council, and in the event of failure to agree, a reasonable remuneration set by the Supreme Court on summary application by the municipality or the commissioner. Replacement of commissioner 1003 (1) If a commissioner (a) dies, resigns, refuses to act or is absent, or (b) is incapable of acting because of sickness, disability or misconduct, on the application of the municipality, the Supreme Court must appoint another person as commissioner. (2) An application under subsection (1) may be made without notice to any other person. (3) In the circumstances referred to in subsection (1), proceedings or decisions had, taken or arrived at by the commissioner before the vacancy are not in any way affected, but are valid and effectual, and must be and continue to be acted on, (a) even though the vacancy has occurred and the other commissioner has been appointed, and (b) without any necessity for recommencing the proceedings or reconsidering any matter or thing that has arisen or been considered or decided before the vacancy occurred. Notice to owners who do not consent 1004 (1) On an appointment being made, the designated municipal officer must give to each of the owners who did not consent whose name appears on either of the lists referred to in section 1016 a notice in writing including the following: (a) a statement that a replotting scheme has been put into effect; (b) a description of the owner's former parcel; (c) a statement (i) of the allotment of new parcel made, (ii) of the compensation proposed to the owner, and (iii) that, if a parcel is improved, that the owner's buildings may be affected; (d) a statement that the scheme and the allotments under it are absolutely binding on the owner to all intents and purposes, excepting only the owner's right to complain against (i) the adequacy of compensation proposed, or (ii) the failure to propose compensation; (e) the time and place appointed by the commissioner for hearing complaints; (f) a statement that, if the owner intends to complain, the owner must give written notice with the grounds of the complaint to the designated municipal officer 10 days before the hearing. (2) Notice under subsection (1) may be given by any of the following: (a) by personal service on the person to whom it is directed; (b) by registered mail addressed to the person at that person's address (i) as shown on a list provided under section 1016, (ii) as shown on any record in the land title office relating to the person's ownership of or interest in the former parcel, or (iii) as last known to the assessor for the municipality; (c) on application to the Supreme Court, by substituted service in accordance with the order of the court. (3) The designated municipal officer may, in his or her discretion, send with any one or more of the notices a copy of the plan of replotting or any portion of it on the same or a different scale. (4) The designated municipal officer must keep a record of all notices given under this section by showing, opposite the names of the owners of the parcels in the district, the names of the persons to whom notices were sent and the parcels concerned and the date and method of giving each notice. Time and place to hear complaints 1005 The commissioner must appoint a time and place for the hearing of complaints as follows: (a) the place must be at the municipal hall or another suitable place in the municipality; (b) the time must be not less than 40 days and not more than 90 days after the designated municipal officer has given the notices referred to in section 1004. Hearing by commissioner 1006 (1) The commissioner must sit at the time and place appointed, and must hear complaints of which notice has been given. (2) The proceedings before the commissioner must be public. (3) The commissioner must inquire into and pass on the sufficiency of all notices required to be given under section 1004 and, in the commissioner's sole discretion, may direct further notices and hear any complaint made. (4) If the commissioner thinks fit in the interest of justice, the commissioner may hear a complaint made to the commissioner at any time before the conclusion of the hearing. (5) The municipality may complain to the commissioner on its own behalf or on behalf of any other person. (6) The following rules apply respecting evidence that may be accepted by the commissioner: (a) the commissioner may receive any evidence that the commissioner thinks proper to admit and may take a view and examine on oath any person interested and the witnesses that appear before the commissioner; (b) the commissioner may act on, accept or adopt the evidence the commissioner considers sufficient, whether on oath or not and whether written or oral; (c) the commissioner has the right to insist on evidence being given or submitted orally under oath or by affidavit, but need not requireany evidence to be so given; (d) the strict rules of evidence do not apply. (7) The commissioner may, at the request of any complaining owner or on the commissioner's own initiative, summon in writing any person to attend at the hearing, give evidence and produce any documentary evidence. (8) The commissioner may order reasonable fees and expenses to be paid to a witness summoned on the commissioner's own initiative, which must be paid by the municipality. (9) A person who fails to respond to a summons under subsection (7) commits an offence, and is liable on conviction to a penalty not greater than $100 and costs. (10) The commissioner or, in the absence of the commissioner, the municipal officer assigned responsibility under section 198 [corporate administration] may adjourn the hearing from time to time and from place to place, whether or not any person interested is present at the time of the adjournment. Commissioner's powers and report 1007 (1) The powers of the commissioner are confined to (a) passing on the sufficiency of all notices required to be given under section 1004, and (b) hearing and deciding complaints under sections 1000 and 1001. (2) The commissioner must cause to be kept a record of each complaint made to the commissioner and of the commissioner's decision on it. (3) On the conclusion of the hearing, the commissioner must announce a date on which the commissioner's decisions will be given. (4) Promptly after giving his or her decisions, the commissioner must report to the council the complaints made to the commissioner and the decision on each. (5) The report under subsection (4) must be open for examination by any complainant or the solicitor or agent of a complainant. Appeal to Supreme Court 1008 (1) A decision of a commissioner may be appealed to the Supreme Court. (2) An appeal under subsection (1) is to be an appeal by way of rehearing. (3) The person appealing must, within 10 days after the decision complained of, serve on the municipality a written notice of intention to appeal, setting out the grounds of appeal. (4) The appeal must be made on petition and 5 days' notice of the time for hearing the appeal must be given to the municipality. (5) The municipality may appeal from a decision of a commissioner, in which case it must give to the owner affected the notice of intention under subsection (3) and the notice of the hearing must be given the owner, both of which notices may be given in any manner provided in section 1004. (6) The powers of the Supreme Court on appeal are confined to hearing and deciding appeals from the decision of the commissioner on complaints under section 1001. (7) In term or during vacation, the court must hear the appeal in a summary manner and on the rules of evidence that govern a commissioner. (8) The court may adjourn the hearing from time to time and defer judgment at pleasure, but judgment must be given within 6 weeks from the time limit set by subsection (3) for giving notice of appeal. (9) If judgment is not given by the court within the time period under subsection (8), the commissioner's decision stands. (10) Persons making or opposing an appeal must pay their own costs and expenses and no costs as between party and party may be awarded by the court. (11) A decision of the Supreme Court under this section may be appealed to the Court of Appeal with leave of a justice of the Court of Appeal. Payment of compensation 1009 (1) The municipality must pay (a) the amounts of compensation proposed by the replotting scheme within 3 months after its completion, or (b) if a complaint has been made, the compensation awarded by the commissioner, or the Supreme Court on appeal, within 3 months from the date of the award. (2) Either of the periods referred to in subsection (1) may be extended by the Supreme Court on application by the municipality without notice to any other person. (3) The compensation stands in the place of the land for which it was proposed or awarded, and is subject to any limitations and charges to which the land was subject. (4) The municipality may, without leave or order in any case it believes expedient, pay into the Supreme Court the amount of any compensation proposed or awarded. (5) Payment into court under subsection (4) must be accompanied by a certificate of the municipal officer assigned responsibility under section 198 [corporate administration] giving particulars of the person to whom and the land for which the compensation was proposed orawarded, and the district registrar must give that municipal officer a receipt, attached to or endorsed on a copy of the officer's certificate. (6) Compensation paid into court under subsection (4) must be paid out of court to the person entitled to it on the order of the court. Division 5 — General Removal of buildings 1010 The municipality may, by its employees, workers or contractors, move any building, structure, erection or utility required to be moved under the replotting scheme, or do any work or thing on private property in satisfaction of awards of compensation. Accounts and apportionment 1011 (1) The municipality must keep a proper account of all money paid by it in connection with a replotting scheme, and on its completion and the payment of all compensation and incidental expenses must prepare a statement showing the net cost. (2) In the statement under subsection (1), the municipality must be debited with the value of all surplus land allotted to it and any money receivable under section 987 or otherwise on account of the replotting scheme. (3) If applicable, the net cost shown by the statement under subsection (1) must be apportioned between the municipality and the other owners in the manner set out in the replotting scheme. (4) If the replotting scheme does not mention an apportionment, the net cost shown by the statement under subsection (1) must be apportioned as follows: (a) the municipality's portion of the cost is that portion of the total net cost which bears the ratio that (i) the sum of the areas of the highways and public grounds and unsold land of the municipality at the completion of the replotting scheme bears to (ii) the whole area of the district; (b) the remainder is the owners' portion of the cost. (5) The net cost of the replotting scheme may be raised as follows: (a) the municipal portion of the cost may be raised by a special rate levied and collected on and from all the taxable land or land and improvements in the municipality; (b) the owner's portion of the cost may be raised by a special rate levied and collected on and from the taxable land in the district, according to the respective values of that land as shown in the first authenticated real property assessment roll of the municipality containing the new parcels. (6) As an alternative to subsection (5), the net cost of the replotting scheme may be paid by borrowing the required amount on debentures issued under the same provisions as if the scheme had been carried out as a local improvement under Part 19, with (a) the municipality's portion of the cost being raised by a special rate levied and collected annually on and from all the taxable land or land and improvements in the municipality, and (b) the owners' portion of the cost being raised by a special rate levied and collected annually on and from the taxable land in the district according to the respective values of that land as shown in the authenticated real property assessment rolls for the years during which the special rates are levied. (7) Debentures under subsection (6) must be repayable within 10 years of the date of issue. (8) A special rate levied under subsection (5) or (6) must be due and payable to the municipality at the same time as other annual municipal rates and taxes, and Parts 10 and 19 apply. Former highways to be maintained 1012 (1) During the 6 months after the completion of a replotting scheme, so far as the new highways are not constructed and open for traffic, the former highways and all public utilities and other works on them, if they do not interfere with or disturb the reasonable and necessary use and occupation of new parcels, may be maintained, and no person has a right to compensation or a right of action for damages against the municipality or against any other person for that reason. (2) During the period referred to in subsection (1), the municipality or its licensees may remove the public utilities and works. (3) A person unreasonably obstructing the use of a former highway during the period referred to in subsection (1) commits an offence and is liable on conviction to a penalty not greater than $100. Limitation of claims 1013 Other than the right of complaint and appeal provided in this Part, no person is entitled to make or proceed with any demand, claim or action against the municipality, any of its officers, employees or workers, or against the commissioner or the Provincial government, for any loss or damage sustained or threatened by reason of a replotting scheme or for any matter caused by any proceedings taken or thing done under this Part. Disposal of municipal parcels 1014 The municipality may dispose of a parcel allotted to it in the manner provided for disposing of land acquired by it at a tax sale. Taxation during proceedings 1015 Nothing in this Part affects the power of the municipality to assess and to levy rates and taxes on the former parcels during the replotting scheme and before its completion. List of owners must be provided to municipality 1016 (1) At the municipality's request and on payment of reasonable fees specified by the registrar of land titles for the work involved, the registrar must provide any required information to be obtained from the records and a list of the names and addresses of the registered owners of all parcels of land in the district at the time of the initiation of the replotting scheme. (2) On similar request, the Ministry of Lands, Parks and Housing must provide a list of the names and addresses of the purchasers of Crown land in the district under agreement for sale. Land title fees 1017 The fees payable to the registrar of land titles in respect of the matters under this Part are to be governed by the Land Title Act. Questions may be referred to Supreme Court 1018 Any dispute or question on the construction of any provision of this Part, or the sufficiency and validity of proceedings taken under it, or the manner in which a proceeding is to be taken, may be referred to the Supreme Court for decision under to section 1008. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------

Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada This is not the official version. Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT — Continued [RSBC 1996] CHAPTER 323 Part 29 — Inspector of Municipalities Inspector of municipalities 1019 (1) The Lieutenant Governor in Council may appoint an inspector of municipalities who, in addition to the powers and duties prescribed under this Act, has the powers and duties that may be assigned to the inspector. (2) The inspector is to be attached to the office of the minister and is to be under the control of the minister. Official seal and documents 1020 (1) The inspector is to have an official seal inscribed with the words "Inspector of Municipalities of British Columbia". (2) Every paper writing or instrument purporting to be issued by the inspector and impressed with the seal of the office is admissible in evidence in all courts of British Columbia without proof of the sealing or of the signature of the inspector, or of the inspector's deputy, to the paper writing or instrument. (3) The record of a document or instrument forming part of the records of the office of the inspector, or a copy of it, or a copy of a document or instrument kept in the inspector's office, certified to be a true copy by the inspector or the inspector's deputy, is admissible in evidence in all courts of British Columbia as of equal validity with the original document or instrument. Inquiries into local government matters 1021 (1) With the approval of the Lieutenant Governor in Council, the inspector may hold an inquiry if (a) the inspector believes it expedient to make an inquiry into or concerning a matter connected with a municipality or the conduct of a part of its business, or (b) a complaint is made to the inspector about a matter of municipal business, actual or projected. (2) An inquiry under this section may be held by the inspector, a deputy of the inspector or another person authorized by the inspector and must be open to the public. (3) The person holding the inquiry has in respect of it (a) the protection and privileges, and (b) the powers of summoning and compelling attendance of witnesses, administering oaths to witnesses, requiring the production of documents and punishing for contempt, as are by law given to commissioners appointed under Part 2 of the Inquiry Act. (4) The costs, fees and expenses of the inquiry must be paid by the municipality. (5) During an inquiry, the person holding the inquiry may do one or more of the following: (a) direct that no action be taken by council on any or all matters designated by the person holding the inquiry; (b) direct municipal employees not to proceed with any matter designated by the person holding the inquiry; (c) suspend a municipal officer or employee where the person holding the inquiry believes the conduct of the officer or employee warrants suspension. (6) The person holding the inquiry may rescind or amend a direction or suspension under subsection (5). (7) Subject to rescission or amendment, a direction or suspension under subsection (5) remains in effect until an order is made under subsection (9). (8) The person holding the inquiry must report to the Lieutenant Governor in Council (a) on the evidence adduced, (b) on any direction or suspension under subsection (5), and (c) on the person's recommendations. (9) On receipt of the report under subsection (8), the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest. (10) An order under subsection (9) is binding on the municipality, the council and every elected or appointed official, officer and employee of the municipality in the same way as if it were a regulation made by the Lieutenant Governor in Council under this Act. Certificate of approval for money bylaws 1022 (1) The council of a municipality that adopts (a) a loan authorization bylaw or security issuing bylaw, or (b) a bylaw imposing a special assessment or a special rate under any Act, may apply to the inspector for a certificate approving the bylaw. (2) The inspector must not grant a certificate (a) until after the time limit for giving notice of intention to make application to quash the bylaw, or (b) while a proceeding that (i) calls the validity of the bylaw into question, or (ii) seeks to quash the bylaw is pending. (3) Despite subsection (2), if the time limit for giving notice of intention to make application to quash a bylaw has passed before the application to approve is made under subsection (1), the inspector may, in the inspector's discretion, (a) disregard any proceeding in which the validity of the bylaw is in question that was commenced after the application for approval was made, and (b) proceed to give the certificate of approval without reference to the proceeding. (4) A certificate given under subsection (3) has the same effect as if the action or proceeding had not been commenced. (5) If a bylaw has been approved, the inspector may also approve the debentures or other securities issued in conformity with it. (6) A certificate issued under subsection (5) may bear the actual or lithographed signature of the inspector. Inquiry into application for certificate 1023 (1) The inspector may direct and hold inquiry into an application for a certificate under this Part, and may hear and determine protests. (2) An inquiry under this section may be held by the inspector, a deputy of the inspector or another person authorized by the inspector. (3) The inspector's decision on granting, withholding or refusing a certificate is not subject to a proceeding, mandamus, certiorari or prohibition in any court of British Columbia. (4) Section 1021 (3) and (4) applies to an inquiry under this section. Appeal from inspector's decision to withhold or refuse certificate 1024 (1) An appeal lies to the minister from every decision of the inspector withholding or refusing a certificate applied for under this Part. (2) On an appeal under subsection (1), the minister must hear and determine the matter, and may confirm or vary the decision of the inspector. (3) The determination on the appeal is conclusive and binding on all parties, including the inspector. (4) The deputy minister may not hear or be involved in an appeal under this section. Certificate conclusive of validity 1025 (1) The production of a certificate issued under this Part or of the certified copy of a certificate is, in all courts and places and for all purposes, conclusive evidence that (a) the bylaw, debenture or other security described in or covered by the certificate has been validly made and issued, and (b) all statutory and other requirements have been complied with. (2) The validity of a bylaw, debenture or other security referred to in subsection (1) must not be attacked, questioned or adjudicated on in any proceeding in any court of British Columbia. (3) A certificate under this Part may be in the following form: Under the authority of the Municipal Act, I certify that this [bylaw has been lawfully and validly made and enacted] [or debenture or other security has been lawfully made and issued, as the case may be] and that its validity is not open to question on any ground in any court of British Columbia. Dated ...... [month, day, year]...... Inspector of Municipalities of British Columbia [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------

Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada This is not the official version. Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada ------MUNICIPAL ACT — Continued [RSBC 1996] CHAPTER 323 Part 30 — Administrative Commissioner Definitions 1026 In this Part: "commissioner" means a commissioner appointed for a jurisdiction under this Part; "jurisdiction" means a municipality or regional district. Appointment of administrative commissioner 1027 (1) The Lieutenant Governor in Council may appoint a commissioner for a jurisdiction (a) if authorized by an order of the Supreme Court under subsection (2), or (b) on a report of the inspector that the jurisdiction has failed to or cannot make due provision for the payment of either the principal of or the interest on a debenture issued or guaranteed by the jurisdiction when the payment is due. (2) If a jurisdiction for any reason fails to provide for the payment of either the principal of or the interest on a debenture issued or guaranteed by the jurisdiction, when the payment is due, any creditor or elector of the jurisdiction may apply to the Supreme Court for an order authorizing the appointment of a commissioner for the jurisdiction to carry out the duties and functions provided for in this Part. (3) This section applies to a debenture of which, under any Act, the jurisdiction has been made responsible for the payment of the principal and the interest. (4) A commissioner has all the powers and authority that, before the appointment, were vested in or exercisable by the local government, the mayor or chair of the jurisdiction, the municipal police board, the parks commission, the civic properties commission, the board of school trustees and the officers of the jurisdiction. (5) A commissioner must be paid out of the jurisdiction's revenue the salary and other expenses incidental to the commissionership as authorized by the Lieutenant Governor in Council. Substitution of commissioner 1028 (1) The Lieutenant Governor in Council may at any time cancel the appointment of a commissioner and, on that cancellation, all the powers vested in that commissioner under this Act end. (2) The Lieutenant Governor in Council may appoint another commissioner for the jurisdiction to replace a person whose appointment is cancelled under subsection (1). (3) If a commissioner dies, the Lieutenant Governor in Council may appoint another commissioner for the jurisdiction as a replacement. (4) A commissioner appointed under subsection (2) or (3) has all the powers and authority vested in a commissioner by this Part. Acting commissioner 1029 (1) With the approval of the Lieutenant Governor in Council, a commissioner may appoint a person as acting commissioner. (2) An acting commissioner under subsection (1) has and may exercise all the powers and authority of the commissioner (a) during any temporary absence of the commissioner, or (b) if the commissioner is for any reason unable to perform the commissioner's duties. (3) If the acting commissioner appears to have acted in the exercise of any power or authority of the commissioner, it is conclusively deemed that the acting commissioner acted for one of the reasons referred to in subsection (2). Powers transferred to commissioner 1030 (1) On the appointment of a commissioner, (a) the members of the local government, the municipal police board members, the parks commissioners, the civic properties commissioners and all officers of the jurisdiction are deemed to have retired from office, and (b) all the rights, powers and authority vested in or exercisable by the local government, the mayor or chair of the jurisdiction, the municipal police board, the parks commission, the civic properties commission and other officers of the jurisdiction by or under any Act are vested in and exercisable by the commissioner. (2) This section does not prevent the full exercise by the commissioner of the powers exercisable by the local government or other municipal body relative to the appointment, control or removal of its officers and employees. (3) On the appointment of a commissioner, (a) the school trustees elected in that jurisdiction for the school district of which the jurisdiction is comprised or forms a part are deemed to have retired from office, and (b) with the approval of the Lieutenant Governor in Council, the commissioner must appoint a sufficient number of persons to maintain the jurisdiction's quota of school trustees. (4) The Lieutenant Governor in Council may confer on a commissioner any rights, powers and authority that could by order be conferred on a council under any Act. Power of commissioner to make bylaws 1031 (1) A commissioner may adopt bylaws that might be adopted by the local government. (2) The commissioner must submit a bylaw under subsection (1) for the approval of the Lieutenant Governor in Council and, on being approved by the Lieutenant Governor in Council, and registered if required, the bylaw comes into force and is valid and binding in all respects as a bylaw of the jurisdiction. Powers of commissioner to borrow 1032 (1) Despite this Act, a commissioner (a) may make, amend and repeal bylaws authorizing the borrowing from any person, and (b) subject to this section, may borrow under a bylaw referred to in paragraph (a) from any person the sums of money on the credit of the jurisdiction, not repayable within the same year, that may be necessary for the replacement or reconstruction of, or for the purchase, construction and installation of, alterations, extensions or additions to existing services, utilities and facilities of the jurisdiction or any matter or thing connected with them. (2) A bylaw adopted under subsection (1) may make provision for granting to the lender the security approved by the minister, and the commissioner may grant that security under the bylaw. (3) Before the adoption of a bylaw under subsection (1), the terms of the bylaw, the nature of the security to be issued and the terms of repayment must be submitted in detail to and be approved by the minister, who may impose the conditions the minister considers advisable. (4) A bylaw under subsection (1) does not come into force until approved by the Lieutenant Governor in Council. (5) Proof of the approval of the bylaw by the Lieutenant Governor in Council under subsection (4) is, in all courts and places and for all purposes, conclusive evidence that the bylaw has been lawfully and validly made, and that all statutory and other requirements have been complied with. (6) The validity of a bylaw under subsection (1) must not be attacked or questioned or adjudicated on in any proceeding in a court in British Columbia. Levies for sinking fund 1033 With the approval of the inspector, a commissioner may, by bylaw, (a) provide that it is not necessary to levy or raise or provide the full amount of money required to be provided for sinking fund purposes, and (b) determine what amount, if any, is to be levied or raised or provided for those purposes in any year. Assessment rolls 1034 (1) All the powers vested in the council as to a local court of revision are vested in the commissioner. (2) An assessment roll for a jurisdiction for which a commissioner has been appointed, (a) as authenticated by the local court of revision or by the commissioner or acting commissioner purporting to sit as the local court of revision, and (b) as further determined and confirmed on appeal from the local court of revision, is deemed to be valid and binding on the jurisdiction and on all persons. Limits on complaints against assessment 1035 (1) A complaint to the local court of revision or an appeal to the Supreme Court, as provided under this Act, must not be sustained or allowed on the grounds that land in a jurisdiction for which a commissioner is appointed has been valued at too high an amount, if the assessment complained of or appealed against is not more than the assessed value of the same land according to the authenticated real property assessment roll for the year immediately preceding. (2) Subsection (1) applies despite any Act, but without affecting the provisions of an Act relating to complaints or appeals against assessments of improvements. Differences between commissioner and school board 1036 Any difference arising between the commissioner and the board of school trustees on matters generally within the jurisdiction of the board of school trustees must be determined by the Lieutenant Governor in Council, whose decision is final. Reports to minister 1037 The commissioner must report to the minister whenever and on the matters directed by the Lieutenant Governor in Council. Election after commissioner appointed 1038 (1) The Lieutenant Governor in Council may, by regulation, provide for the election of a local government for a jurisdiction for which a commissioner has been appointed. (2) On the election of a local government under subsection (1), the Lieutenant Governor in Council may, by order, revoke the powers and authority vested in the commissioner and, on that revocation, the local government has and may exercise all the powers and authority conferred by statute or by law on a local government of that type. (3) If provision for an election is made under subsection (1), the Lieutenant Governor in Council may also make regulations for the election of the required number of school trustees and, on their election, may by order terminate any appointment made by the commissioner under section 1030. Restriction on legal proceedings 1039 (1) In relation to a jurisdiction for which there is at the time a commissioner appointed under this Part, a person must not, except with the consent of the Attorney General, (a) commence or continue a proceeding in any court in British Columbia in respect of or for the recovery of either the principal of or the interest on a debenture or other security issued by or guaranteed by the jurisdiction or for the payment of which the jurisdiction is liable, or (b) commence or continue a proceeding in or out of a court in British Columbia in respect of or for the recovery of either the principal of or the interest on a debenture or other security guaranteed by the jurisdiction, if the property pledged or hypothecated in security of the debt represented by the debenture or security was not the property of the jurisdiction at the time of the pledge or hypothecation, but is at the commencement or continuance of the proceeding. (2) Subsection (1) (a) applies despite any Act. Power to make regulations 1040 (1) The Lieutenant Governor in Council may make regulations to carry this Part into effect. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations (a) to remove any difficulty that may arise in the administration by the commissioner, and (b) prescribing procedures governing the commissioner's administration that are considered desirable. [ Act Contents | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ] ------

Copyright © 2000: Queen’s Printer, Victoria, British Columbia, Canada