PROVINCE OF BRITISH COLUMBIA
ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL
Order in Council N6.. i 1429 , Approved and Ordered NOV.~
/ Lieutenant Governor
Executive Council Clrnmhers, Victoria
On lhc rccnmmcmlatinn nf the undersigned, the Lieutenant Governnr, by and with the advice nm!
cnnst.:nl nf the Exccuti-,. Council, orders that
1. Ortkr in Council No. 7(,K, approved ;1ml ordered June 8. l -section.'.. hy tickling "J;muary .1, ltJtJ5" and substituting "January I, 1995" . .1. Supplementary Letters f';1tcn1 in the fnrm allm:hcd he issucd for the City of Ahbulsftml/tv1;11squi. 4. Supplc111cnt,1ry Letters Palen! in !he fnrm attached he issued rm the Central Fraser Valley Regional Dis I ricl. 5. Supplementary Lc!tcrs Pall'nt Ill lhL'. form ;1ltachcd be issued for the Dcwdncy-Alouctlc RL:gion:tl Dist ricl. 6. Supplcmcnlary LcltL:rs P:11cn1 in the fnrm ;1!l;1chcd he issued l'or lhc Greater Vancouver Rcgionnl Di:-;tricl. (771is 1)(/rf 1~,· for ad111i1, •.Hratii·,· puqu,.n·s m1(v anti is nor pmt of r//c Ore/er.) Authorily undt·1· which Ordt·r b 111:tcll': Ac! and section: Municipal Ari st·rtinm S, U Olhcr (specify): ---~------ November 81 J!N4 ,· · -.:.i. , n / q . , / .,. ·-i .7'. ~) io-1 , ~;. __;, C A N A O A PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREET ING WHEREAS pursuant to the ( provisions of section 768 { of the Municipal Act, the Dewdney-Alouette Regional District was incorporated by Letters Patent effective Minister of Municipal Affairs October 27, 1967 AND WHEREAS the District of Matsqui is an extraterritorial municipal participating area in a Dewdney-Alouette Regional District service; ANO WHEREAS the District of Matsqui is dissolved and the City of Abbotsford/ Matsqui is incorporated effective January 1, 1995; NOW KNOW YE that these presents, we do order and proclaim that: REGIONAL DISTRICT SERVICES WITH CITY OF ABBOTSFORD/MATSQUI A PARTICIPANT 1.1 The area of the former District of Matsqui within the City of Abbotsford/Matsqui shall be an extraterritorial municipal participating area in the Oewdney-Alouette Regional District service of water supply, established by Letters Patent Division XIV, issued July 10, 1980. 1.2 The City of Abbotsford/Matsqui shall levy, collect and remit to the Oewdney-Alouette Regional District, such taxes and charges as are necessary to meet its shat·e of the operating and debt servicing costs of the service indicated in section J .1 above. APPOINTMENT OF MUNICIPAL DIRECTORS 2. Notwithstanding sectibn 776(1) of the Municipal Act, the Council of the City of Abbotsford/Malsqui shall, at is inaugural meeting, appoint municip.11 directors to the Board of the Dewdney-Alouette Regional District. 2 EFFECTIVE DATE 3. These Supplementary letters Patent are effective January 1, 1995. IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. WITNESS, the Honourable David C. lam, Lieutenant Governor of Our said Province of Brit~sh Columbia, in Our C~ty of Victoria, in Our s~id Province, this ~1../-;1iday of ,Jove«i.Bef<. , in the year of Our Lord one thousand nine hundred and ninety-four and in the forty-third year of Our Reign. By Command. Attorney General 3 . ,_,-:J Lieutenant~~ Governor C A N A D A PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREET ING WHEREAS pursuant to the provisions of section 768 of the Municipal Act, the Central Fraser Valley Regional District was incorporated by letters Patent effective Minister of Municipal Affairs October 17. 1967 AND WHEREAS the City of Abbotsford/Matsqui, lying within the boundaries of the Central Fraser Va 11 ey Regi ona1 District, is incorporated effective January 1, 1995; AND WHEREAS Section 774 of the Municipal Act allows the Lieutenant Governor in Council to issue Supplementary Letters Patent transferring from the regional district to a ne\:ly incorporated municipality the jurisdiction for a service in respect of all or a specified part of a service area; NOW KNOW YE that by these presents, we do order and proclaim that: REGIONAL DISTRICT INAUGURAL MEETING 1. The inaugural meeting of the regional district shall be held as soon as possible after January l, 1995 on which date the Council of the City of Abbotsford/Matsqui Nill have appointed municipal directors to t°he Board of the regional district. REGIONAL DISTRICT SERVICES TRANSFERRED TO THE CITY OF ABBOTSFORD/MATSQUI 2.1 The following local services of the Central Fraser Valley Regional District are hereby transferred to the City of Abbotsford/Matsqu; and the service authorities for thesr services established by Supplementary Letters Patent and local service establishment bylaw are hereby rescinded: - 2 SERVICE AUTHORITY REFERENCE Swimming Pool Supplementary Letters Patent, Division, VII Lna Supplementary Letters Patent, Division II 2.2 Subject to these Supplementary Letters ?atent, all property, both real and personal J and all rights, powers and privileges arising out of any contract, agreement, collective agreement. license, permit, covenant, or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the regional district, in respect to the those services described in section 2.1 above, vest in, and belong to the City of Abbotsford/Matsqui on and from the effective date of these Supplementary Letters Patent. REGIONAL DISTRICT SERVICES WITH CITY OF ABBOTSFORD/MATSQUl A PARTICIPANT 3.1 The City of Abbolsford/Matsqui shall be a municipal participating area in the following local and eY.tended services of the Central Fraser Valley Regional District: 3 ' - .,,,.. -./• . SERVICE AUTHORITY REFERENCE Trunk Sewage and Sewer Disposal Service Establishment Bylaw No. 474 Regional Parks Service Establishment Bylaw No. 523 E 9-1-1 Emergency Telephone Service Establishment Bylaw No. 470 Civil Defence (Emergency Programs) Central Fraser Valley Regional District Supplerne~tary Letters Patent Division VI Air Quality Management Planning Service Establishment Bylaw No. 501 Mosquito Control Central Fraser Valley Regional District Supplementary Letters Patent Division VIII Noxious Weed Control Service Establishment Bylaw No. 447 3.2 The City of Abbotsford/Matsqui shall levy, collect and remit to the Central Fraser Valley Regional District, such taxes and charges ~\ are necessary to meet its share of the operating- and debt servicing costs of the services inrlicated in 5ection 3.1, above. SEWER COMMISSION 4.1 All terms and conditions pertaining to the establishment of a sewer commission authorized under Supplementary Letters Patent Division v. Trunk Sewers and Sewage Disposal, as amended are rescinded. The Board may, by 4 . bylaw, establish a sewer commission and specify any terms and conditions. 4.2 The number of members appointed by the Council of the City of Abbotsford/Matsqui to the Matsqui, Mission, Abbotsford Joint Sewer Board shall be the same as if the appointments were made by the Councils of the former District of Abbotsford and the former District of Matsqui until the 11 "Matsqui, Mission 1 Abbotsford Joint Sewer By-Law No. 477-1991 is otherwise amended. REGIONAL DISTRICT SERVICES WITH CITY OF ABBOTSFORD/MATSQUI NOT A PARTICIPANT 5.1 The Central Fraser Valley Regional District extended service area for animal control, established by Division X of Supplementary Letters Patent for the regional district 1 is reduced by the exclusion of the area within the former District of 1\bbotsford, and the City of Abbotsford/Matsqui shall not be a participant. 5.2 The Central Fraser Valley Regional District extended service area for economic development commission, established by Division XI of Supplementary Letters Patent for the regional district, is reduced by the exclusion of the area within the former District of Abbotsford and the former District of Matsqui, and the City of Abbotsford/Matsqui shall not be a participant. 5.3 The Central Fraser Valley Regional District extended service area for fireworks and firearms control, established by Division IX of 5 Supplementary Letters Pater1t for the regional district, is reduced by the exclusion of the area within the former District of Abbotsford, and the City of Abbotsford/Matsqui shall not be a participant. ARBITRATION 6. In the event that the Central Fraser Valley Regional District and the City of Abbotsford/Matsqui are unable to agree on any matter arising from the implementation of these Supplementary lett~rs Patent or those of the City of Abbotsford/Matsqui 1 the parties may request the Inspector of Municipalities to review the issue which is the subject of the dispute, and the Inspector may make recommendations, or may impose a resolution which is binding on both parties. TRANSFER OF SERVICES 7.1 The jurisdiction for all services of the Central Fraser Valley Regional District except those described in section 3.1 above, which are within the jurisdiction of the City of Abbotsford/Matsqui, are hrreby transferred to the City of Abbotsford/Matsqui. 7.2 The effective date of transfer of jurisdiction for the services described in section 2.1, 5.1, 5.2 and 5.3 above shall be six months after the effective date of these Supplementary Letters Patent, unless otherwise provided by Order of the Minister. 6 EFFECTIVE DATE 8. These Supplementary Letters Patent are effective January 1, 1995. IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. WITNESS, the Honourable David C. Lam, Lieutenant Governor of Our said Province of British Columbia, in Our City of Victoria, in Our said Prov i nee, this fif~ day of DOOfr..{13€,Z , in the year of Our Lord one thous and nine hundred and ninety- four and in the forty- third year of Our Reign. By Command. Attorney General 7 ~~D Lieutenant Governor C A N A D A PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God> of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of thr Faith. To all to v1horn these presents shall come - GREETING WHEREAS by Sections 8 and 13 of the Municipal Act, the Lieutenant Governor in Council may, on the recommendation of the Minister of ( Municipal Affairs, issue Letters ( Patent incorporating a Minister of Municipal Affairs municipality: AND WHEREAS Letters Patent incorporating the District of Abbotsford/Matsqui were · issued by Order in Council No. 768, approved and ordered June 8, 1994; AND WHEREAS it is desired that the municipality be a City; AND WHEREAS it is necessary to further define the terms and conditions of the incorporation; NOW THEREFORE the Lieutenant Governor in Council orders the following: NAME 1. Letters Patent issued by Order in Council No. 768> approved and ordered June 8 1 1994 1 a;-e hereby amended at section 1., and in the preamble, by 11 11 11 11 deleting 0istrict and substituting City • 2. Letters Patent issued by Order in Council No. 768, approved and ordered June 8 1 1994 1 are hereby amended at sections 4.1 1 7.1, 7.2, 8.C 8.2, and 11 11 11 11 9. by deleting January 3 1 1995 and substituting January 1, 1995 ; and at section 6. by deleting 11 Tuesday, January 3, 1995' 1 and substituting "Sunday, January I, 1995". 3. Letters Patent issued by Order in Council No. 768, approved and ordered June e, 1994, are hereby amended by adding the following as sections 10 to 27: 2 II APPOINTMENT OF MUNICIPAL DIRECTORS 10.1 Notwithstandiny section 776(1) of the Municipal Act) the Council shall, at its inaugural meeting, appoint municipal directors to the Board of the Central Fraser Valley Regional District. 10.2 Notwithstanding section 776(1) of the Muni~ipa1 Act,-the Council shall, at is inaugural meeting, appoint a municipal director to the Board of the Greater Vancouver Regional District. BORROW ING .POWER 11. For purposes of establishing the borrawing power of the municipality under section 325 of the Municipal Act, the aggregate values for 1994 of the former District of Abbotsford and the former 0ist1~ict of Matsqui shall apply. CURRENT EXPENDITURES 12. The Council shall have the power to incur liabilities by borrowing money, or otherwise, for the purpose of operating the municipality, in an amount not to exceed the aggregate amounts established by the former District of Abbotsford and the former District of Matsqui for 1994, until a bylaw to impose rates under section 273 of the Municipal Act has been adopted for the year 1995, and any liability so incurred shall be repaid out of the 3 revenue for the year 1995. PROVISlONAL BUDGET 13. A provisional budget for 1995 shall be prepared. A copy of the provisional budget sh a11 be suppl i ed to each member of Council at the first meeting of Council. The provisional budget, as prepared or altered by the Council I shall be adopted not later than January 31, 1995. CLEARBROOK ANO BARROWTOWN WATERWORKS DISTRICTS 14.l In accordance with section 8(3) of the Municipal Act, the municipality and the Clearbrook Waterworks District shall enter into discussions to reach an agreement on a dissolution date of the Clearbrook Waterworks District and transfer of responsibility to the municipality. 14.2 In accordance with section 8(3) of the Municipal Act. the municipality and the Barrowtown Waterworks District shall enter into discussions to reach an agreement on a dissolt1tion date of the Barrowtown Waterworks District and transfer of responsibility to the municipality. CONTINUATION OF BYLAWS, ETC. 15.1 Subject to these Supplementary letters Patent, and in accordance with secticn 13(2){h) of the Nunicipa] Act. each bylaw, right, power, privilege, contract, resolution, order, licence and permit of whatsoever 4 kind and description passed, made, enacted, entered into and granted, and in effect, or in force in, or issueJ to, or by the former District of Abbotsford and having application to the former District of Abbotsford, may be enforced, amended or repealed by the Council of the municipality in the same manner as if they were passed, made, enacted into, or granted by the municipality. 15.2 Subject to these Supplementary Letters Patent, and in accordance with section 13(2)(h) .of the Municipal Act, each bylaw, right, power, privilege, contract, resolution 1 order, licence and permit of whatsoever kind and description passed, made, enacted, entered into and granted, and in effect, or in force in, or issued to, or by the former District of Matsqui and having application to the former District of Matsqui, may be enforced, amended or repealed by the Council of the municipality in the same manner as if they were passed, made, enacted into, or granted by the municipality. AGREEMENTS BETWEEN MUNICIPALITIES 16. Notwithstanding the generality of sections 7.1 and 7.2 of Letters Patent issued by Order in Council No. 768, approved and ordered June a. 1994 and sections 15.1 and 15.2 above, all rights, powers and privileges arising out of any contract, agreement, collectivP agreement~ lirrnse, permit, covenant, or otherwise whatsoever between the former District of Abbotsford and the former District of Matsqui, shall transfer to, vest in, and be1ong to the municipality from that date, except as otherwise 5 provided in these Supplementary Letters Patent. MUNICIPAL REGULATORY SERVICES 17.1 In accordance with section 13{2)(h) of the Munidpal Act, regulatory bylaws of the former District of Abbotsford and the former District of Matsqui apply to the area of each former municipality, until such time as these bylaws are amended by the Council. 17.2 Where, at the date of incorporation of the municipality, either the former District of Abbotsford or the former District of Matsqui does not have a regulatory bylaw on a matter for which the other former municipality does have such a bylaw, the bylaw of the other former municipality applies to the entire area of the new municipality, as applicable. WATER UTILITY 18.1 The area served by the former District of Matsqui water utility, created pursuant to Part 15, Division (2) of the Municipal Act, is hereby defined as a_ specified area, pursuant to section 674 of the Act, of the municipality for the purpose of a water supply and distribution system. 18.2 · Division (2) of Part 16 of the NunicipaJ Act shall apply to the municipal spee i fi ed area, and for the purposes of adopting bylaws, these Supplementary Letters Patent shall be deemed to be a bylaw establishing the municipal specified area. 6 ----~,-·_ '\:·.:..,.::.'-rj 18. 3 The municipal ity sha 11 adopt a bylaw pursuant to section 67 4 of the Municipal Act with respect to the municipal specified area no later than March 31, 1995, and that bylaw sha 11 provi de for the purpose of the specified area, and for the area of the municipality benefited to be the same as defined by section 18.l above, and section 674(4) of the Municipal Act shall not apply to that bylaw. MUNICIPAL TAXES 19.1 For the purpose of 273(a) and (b) of the Municipal Act, the municipality shall impose a different tax rate for each property class, as defined in the Assessment Act, in the former District of Abbotsford and the former District of Matsqui during the years 1995 to 1999, inclusive. In the year 2000, the municipality shall impose uniform tax rates for each property class in the former districts. 19.2 During the five year tax rate phase-in period defined by section 19.1 above, the tax rate for each property class in the former District of Abbotsford and the former District of Matsqui shall be adjusted towards a uniform tax rate for each property class. The 1994 base tax rate shall include adjustments for services providerl where the method of cost recovery is other than section 273{a) and (b) of the Municipal Act and is different between the former District of Abbotsford and former District of Matsqui at the time of their dissolution. 7 BOARD OF VARIANCE 20.l The respective Boards of Variance for the District of Abbotsford and the District of Matsqui continue until December 31> 1994. 20.2 The Board of Variance of the municipality shall be establishea as of January 1, 1995, and the Council shall appoint two members to the Board of Variance at its first meeting. DRAINAGE POWERS 21. · The powers of sections 575 to 577 inclusive, 596 to 599 inclusive, and 600 to 610 inclusive of the Municipal Act, shall apply to the municipality as if it were a District municipality. TRANSFER ·oF REGIONAL DISTRICT SERVICES 22.1 The follovJing local services of the Central Fraser Valley Regional District are hereby transferred to the municipality: 8 SERVICE AUTHORITY REFERENCE Swimming Pool Supplementary Letters Patent, Division, VII Arena Supplementary letters Patent, Division II 22.2 Subject to these Supplementary Letters Patent, all property, both real and 1 personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, license, permit, covenant, or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the regional district, in respect to the those services described in section 22.1 above, vest in, an~ belong to the municipality on and from the effective date of these Supplementary Letters Patent. MUNICIPAL PARTICIPATION IN REGIONAL DISTRICT SERVICES Central Fraser Valley Regional District Services 23.1 The municipality shall be a municipal participating area in the following local and extended services of the Central Fraser Valley Regional District; 9 SERVICE AUTHORITY REFERENCE Trunk Sewage and Sewer Disposal Service Establishment Bylaw No. 474 Regional Parks Service Establishment Bylaw No. 523 E 9-1-1 Emergency Telephone s-ervi ce Establishment Bylaw No. 470 Civil Defence (Emergency Programs) Central Fraser Valley Reg i ona1 District Supplementary Letters Patent Division VI Air Quality Management Planning Service Establishment Bylaw 501 Mosquito Control Central Fraser Valley Regional District Supplementary Letters Patent Division VIII Noxious Weed Control Service Establishment Bylaw No. 447 23. 2 The mun i ci pa 1ity · sha 11 1evy, co 11 ect and remit to the Central Fraser Valley Regional District, such taxes and charges as are necessary to meet its sh are of the operating and debt servicing costs of the services indicated in section 23.1, above. Dewdney-A1ouette Regional District Services 23.3 The area within the former District of Matsqui shall be an extraterritorial municipal participating area in the Dewdney-Alouette 10 '., ._. ·•.•.·..•::;., Mtt r. &wwmeentffilu 1 · ••• 1 · _ _l(ll@dP ._,...,._____ ··- fl¥ »lttt.... Regional District service -of water supply, established by Letters Patent Division XIV, issued July 10, 1980. 23.4 The municipality shall levy, collect and remit to the Dewdney-Alouette Regional District, such taxes and charge~ as are necessary to meet its share of the operating and debt servicing costs of the service indicated in section 23.3> above. Greater Vancouver Regional District Services 23.5 The area within the former District of Matsqui shall be an extraterritorial municipal µarticipating area in the Greater Vancouver Regional District service of regional parks, established by Letters Patent Division V, issued January 13, 1972. 23.6 The municipality shall levy, collect and remit to the Greater Vancouver Regional Di strict> such taxes and chars ~s as are necessary to meet its share of the operating and debt servicing costs of the service indicated in section 23.5, above. REGIONAL DISTRICT SERVICES WITH MUNICIPALITY NOT A PARTICIPANT 24. To the extent that the Central Fraser Valley Regional District was assigned jurisdiction within the area of either the former District of Abbotsford or the former District of Matsqui, jurisdiction for the 11 following extended services of the Central Fraser Valley Regional District within the municipality is hereby transferred to the municipality, and the municipality shall no longer participate in the following services of the regional district: SERVICE AUTHORITY REFERENCE Animal Control Supplementary Letters Patent, Division X Economic Development Commission Supplementary Letters Patent, Division XI Fireworks and Firearms Regulations Supplementary Letters Patent, Division IX TRANSFER OF SERVICES 25. The effective date of transfer of jurisdiction for the services described in section 22.l and 24 above, shall be six months after the effective date of these Supplementary letters Patent, unless deemed otherwise by a Minister 1 s Order. ARBITRATION 26. In the event that the municipality and the Central Fraser Valley Regional District are unable to agree to any matter arising from the implementation of these Supplementary letters Patent, the parties may request the Inspector of Municipalities to review the issue which is the subject of the dispute, and the Inspector may make recommendations, or may impose a resolution which is binding on the parties. EFFECTIVE DATE 27. These Supplementary Letters Patent are effec_t i ve January 1, 1995. 11 IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal·of Our said Province to be hereunto affixed. the Honourable David C. Lam, Lieutenant Governor of Our said Province of British Columbia, in Our City of Victoria, in Our said Province, this cRL/"-hday of A..1CnJ~H~R , in the year of Our Lord one thousand nine hundred and ninety-four and in the forty-third year of Our Reign. By Command. Attorney General · 13 Lieutenant~~ Governor C A N A D A PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREETING WHEREAS pursuant to the { provisions of section 768 of the Municipal Act, the Greater Vancouver Regional Tl · { District was incorporated by ( Letters Patent effective Minister of Municipal Af~ June 29, 1967 ,- ...... ,(,.·~-~ ,... ; AND WHEREAS the District of Matsqui is an extraterritorial municipal participating area in a Greater Vancouver Regional District service; AND WHEREAS the District of Matsqui is dissolved and the City of Abbotsford/ Matsqui is incorporated effective January 1, 1995; NOW KNOW YE that these presents, we do order and proclaim that: REGIONAL DISTRICT SERVICES WITH CITY OF ABBOTSFORD/MATSQUI A PARTICIPANT 1.1 The area of the former District of Matsqui within the City of Abbotsford/Matsqui shall be an extraterritorial municipal participating area in the Greater Vancouver Regional District service of regional parks, established by Letters Patent Division XIV, issued January 13, 1972. 1. 2 The City of Abbots ford/Ma tsqu i sha 11 1evy, co11 ect and remit to the Greater Vancouver Regional District, such taxes and charges as are necessary to meet its share of the operating and debt servicing costs of the service indicated ih section 1.1 above. APPOINTMENT OF MUNICIPAL DIRECTOR 2. Notwithstanding section 776(1) of the Municipal Act, the Council of the City of Abbotsford/Matsqui shall, at is inaugural meeting, appoint a municipal director to the Board of the Greater Vancouver Regional District. 2 EFFECTIVE DATE 3. These Supplementary Letters Patent are effective January 1, 1995. IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. WITNESS, the Honourable David C. Lam, Lieutenant Governor · of Our said Province of British Columbia, in Our City of Victorta, in Our said Province, this ~4~ay of NOv@-1'5€R, in the year of Our Lord one thousand nine hundred and ninety-four and in the forty-third year of Our Reign. By Command. Attorney General 3