1953 VANCOUVER CHARTER CHAP. 55

CHAPTER 55

An Act to Supersede and Replace the Vancouver Incorpo­ ration Act, 1921, Being Chapter 55 of the Statutes of 1921 (Second Session), and All Amendments Thereto. [Consolidated for convenience only, December 31,1979.]

Preamble. HEREAS by the Vancouver Enabling Act, 1949, the City of Van­ Wcouver was authorized, without conforming with the requirements of the Standing Orders relating to Private Bills as to notices or fees, to apply to the Legislature for a Private Bill, to be known as the Vancouver Charter, to supersede and replace the said Vancouver Incorporation Act, 1921, and all amendments thereto: And whereas a petition has been presented by the City of Vancouver praying accordingly: And whereas it is expedient to grant the prayer of the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:—

Short title. 1. This Act may be cited as the Vancouver Charter. 1953, c. 55, s. 1.

Interpre­ tation. 2. In this Act, and in any by-law passed pursuant to this Act, unless the context otherwise requires, " assessed value " means assessed value as determined under the Assessment Act; " assessor " means an assessor appointed under the Assessment Authority of British Columbia Act; " city " means the City of Vancouver; " Council" means the Council of the city; " County Court" means the County Court of Vancouver, holden at Vancouver; " Crown lands" means real property belonging to Canada or the Province, and includes real property held in trust for a body or tribe of Indians; " improvements " for the purpose of levying rates for general mu­ nicipal purposes means improvements as defined for that purpose in the Assessment Act; " improvements " for the purpose of levying rates for other than general municipal purposes means improvements as denned for such purposes under the Assessment Act; 1 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

" improvements " for purposes other than levying of rates includes buildings, structures, machinery and other things so affixed to the land as to make them in law a part of the land; " Judge " means a Judge of the Supreme Court of British Columbia; " land " does not include improvements; " land titles office " means the office of the Vancouver Land Titles District, and " registered," when used in respect of real property, means registered in such office; " occupier," when used with respect to Crown lands, includes tenant and holder of an agreement to purchase; " other administrative body " means an unincorporated body other than the Council, by whom, pursuant to this or any other Act, powers of the city are exercisable, and includes the Board of Parks and Public Recreation, the Board of Police Commis­ sioners, and the Library Board; " owner under agreement" means a person who is registered as the last holder, either directly or by assignment, of an agreement for the sale and purchase of real property; " parcel " means any lot, block, or other area in which real property is held or into which real property is subdivided, but does not include a street, or any portion thereof; " real property " includes land and every improvement thereon; " regulating " includes authorizing, controlling, limiting, inspecting, restricting, and prohibiting; " street" includes public road, highway, bridge, viaduct, lane, and sidewalk, and any other way normally open to the use of the public, but does not include a private right-of-way on private property. 1953, c. 55, s. 2; 1956, c. 70, s. 2; 1958, c. 72, s. 2; 1977, c. 30, s. 145 (proc. eff. Sept. 30, 1977); 1978, c. 25, ss. 333, 334 (proc. eff. Oct. 31, 1979). pibitSa°ion0r 3. (1) Whenever in this Act, or in any by-law passed pursuant to in newspaper. this Act, it is provided that any notice or other document is to be pub­ lished in a stated number of issues of a newspaper, the required publica­ tion need not appear in issues of the same newspaper but may appear in two or more newspapers so long as it is published in the stated number of issues. (2) Whenever in this Act or in any by-law passed pursuant to this Act it is provided that any notice or other document is required to be published in a newspaper or any notice is required to be given by mail and if, in the opinion of Council, conditions prevailing at the time make it impossible to comply with such requirements of any of them, Council shall have power to determine an alternative procedure, and any notice given in accordance with that procedure shall for all purposes be an effective and valid notice. 1953, c. 55, s. 3; 1972, c. 67, s. 2. 1953 VANCOUVER CHARTER CHAP. 55

5>e«ppotatedy 4. The Council may appoint a person to be the deputy of the Direc­ tor of Finance, City Clerk, or other employee of the city under its juris­ diction, and thereafter if the Director of Finance, City Clerk, or such other employee is absent from his duties, or if he dies or otherwise ceases to hold office, his deputy shall exercise and discharge the powers, functions, and duties of such Director of Finance, City Clerk, or other employee during such absence, or, in the case of death or otherwise ceasing to hold office, until the Council otherwise determines, and in the meantime all the things required or authorized to be done by the Direc­ tor of Finance, City Clerk, or other employee may be lawfully done by such deputy. 1953, c. 55, s. 4; 1965, c. 68, s. 29.

Procedure If no deputy. 5. In the absence from his duties of any employee for whom no deputy has been appointed, or if such employee dies or otherwise ceases to hold office, the Mayor may in writing appoint some person to act in his stead pending action by the Council. 1953, c. 55, s. 5.

The city a corporation. 6. The inhabitants of the area, the boundaries of which are described in this section, shall continue to be a corporation and a municipality with oweltyriesof ^e name °f City of Vancouver: Commencing at a point in the First Narrows of Burrard Inlet, which point is eight hundred (800) feet distant northerly, measured along a line astronomically north from the light in Prospect Point Lighthouse; thence south-easterly in a straight line to a point in Burrard Inlet on the production northerly of the boundary between District Lot Five hundred and forty-one (541) and District Lot One hundred and eighty-five (185), which point is situate at the inter­ section of the said production with the straight line from the light in Brockton Point Lighthouse to a point in the Second Narrows of Burrard Inlet distant five hundred (500) feet northerly, measured along the pro­ duction northerly of the easterly boundary of the Town of Hastings from a boundary survey monument set at or near the high-water mark for the southerly shore of Burrard Inlet and on the said easterly boundary of the Town of Hastings; thence easterly along the aforedescribed straight line to the aforesaid point on the production northerly of the easterly bound­ ary of the Town of Hastings; thence southerly, following in succession along the said production northerly of the easterly boundary of the Town of Hastings, the said easterly boundary of the Town of Hastings, the easterly boundary of District Lot Thirty-six (36), the easterly boundary of District Lot Forty-nine (49), the easterly boundary of District Lot Three hundred and thirty-nine (339), the easterly boundary of District Lot Three hundred and thirty-five (335), the easterly boundary of Dis­ trict Lot Three hundred and thirty-one (331), and along the production southerly of the said easterly boundary of District Lot Three hundred and thirty-one (331) to intersection of the same with a line drawn parallel to and two hundred (200) feet perpendicularly distant southerly from low-water mark of the north bank of the North Arm of Fraser River; 3 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

thence in a general westerly direction, following the said line drawn parallel to and two hundred (200) feet perpendicularly distant southerly from low-water mark of the north bank of the North Arm of Fraser River to intersection of the same with the production southerly of the westerly boundary of District Lot Three hundred and eleven (311); thence south­ erly along the said westerly boundary of District Lot Three hundred and eleven (311) thus produced to the centre line of the North Arm of Fraser River; thence in a general westerly direction, following the said centre line and continuing along the centre line of the channel of navigation of the North Fork of the North Arm of Fraser River, passing to the north of Sea Island, Richmond Island, Christopher Wood's Island (D.L. 309), Iona Island (D.L. 236), and to the south of Cowan Island (D.L. 307), Stewart Island (D.L. 308), and Doering Island (D.L. 306), to intersec­ tion of the said centre line of the channel of navigation with the produc­ tion southerly of the easterly boundary of Musqueam Indian Reserve Number Two (2); thence northerly along the said easterly boundary thus produced to intersection of the same with a line drawn parallel to and five hundred (500) feet perpendicularly distant southerly from the south­ westerly boundary of the said Indian reserve; thence in a general north­ westerly direction, following the said line drawn parallel to and five hundred (500) feet perpendicularly distant southerly from the south­ westerly boundary of the said Indian reserve to the intersection of the same with the production southerly of the most westerly boundary of the said Indian reserve; thence northerly along the said westerly boundary thus produced and along the said westerly boundary to the north-westerly corner of the said Indian reserve; thence easterly, northerly, and easterly, following in succession along the northerly boundary of the said Indian reserve to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Three hundred and twenty (320); thence northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the said westerly boundary of District Lot Three hundred and twenty (320), and continuing northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Two thousand and twenty-seven (2027) to intersection of the same with the line perpendicular to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) from the south-west corner of Block Eighteen (18) therein; thence westerly at right angles to the said westerly boundary of District Lot Two thousand and twenty- seven (2027) a distance of four hundred and ten (410) feet; thence northerly, parallel to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) a distance of six hundred and sixty- seven and seven-tenths (667.7) feet, more or less; thence easterly along the arc of a circular curve to the right, having a radius of curvature of one thousand four hundred and fifty (1,450) feet, and arc distance of three hundred and eighty-one and four-tenths (381.4) feet, more or less, VANCOUVER CHARTER CHAP. 55

to a point of tangency to and on the production westerly of the line per­ pendicular to the aforesaid westerly boundary of District Lot Two thou­ sand and twenty-seven (2027) from the north-west corner of Block Nineteen (19) therein, which point of tangency is situate sixty-six (66) feet distant westerly, measured along the said perpendicular line from the said corner of Block Nineteen (19); thence easterly along the aforesaid perpendicular line to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the west­ erly boundary of District Lot Two thousand and twenty-seven (2027); thence northerly and parallel to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) to intersection with the production easterly of a line drawn parallel to and thirty (30) feet per­ pendicularly distant south from the southerly boundary of Block Two hundred and ninety-two (292), District Lot One hundred and forty (140); thence westerly following in the said production easterly of a line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of Block Two hundred and ninety-two (292), and continuing westerly in the said line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly bound­ ary of said Block Two hundred and ninety-two (292) to an intersection with the southerly production of a radius passing through the beginning of a curve to the right in the said southerly boundary of Block Two hundred and ninety-two (292); thence westerly and north-westerly in the arc of a curve to the right of radius one hundred and eighty-nine and seven-tenths (189.7) feet concentric with the said curve to the right in the southerly boundary of Block Two hundred and ninety-two (292) to an intersection with the south-westerly production of a radius passing the end of said curve to the right in the southerly boundary of Block Two hundred and ninety-two (292); thence north-westerly in a straight line drawn parallel to and thirty (30) feet perpendicularly distant south­ westerly from the said southerly boundary of Block Two hundred and ninety-two (292) to an intersection with the southerly production of a line drawn parallel to and seventy (70) feet perpendicularly distant westerly from the westerly boundary of said Block Two hundred and ninety-two (292); thence northerly in the said southerly production of a line drawn parallel to and seventy (70) feet perpendicularly distant westerly from the westerly boundary of Block Two hundred and ninety- two (292) and continuing northerly in the said line to an intersection with the westerly production of a line drawn parallel to and fifty (50) feet perpendicularly distant north of the northerly boundary of said Block Two hundred and ninety-two (292); thence easterly in the said westerly production of a line drawn parallel to and fifty (50) feet per­ pendicularly distant north of the northerly boundary of Block Two hundred and ninety-two (292) and continuing easterly in the said line to an intersection with the northerly production of a radius passing through a beginning of curve to the right in the said northerly boundary of Block

5 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Two hundred and ninety-two (292); thence easterly in the arc of a curve to the right of radius nine hundred and fifty-five and thirty-seven one-hundredths (955.37) feet concentric with the said curve to the right in the northerly boundary of Block Two hundred and ninety-two (292) to an intersection with the northerly production of a radius passing through the end of said curve to the right in the northerly boundary of Block Two hundred and ninety-two (292); thence easterly in a line drawn parallel to and fifty (50) feet perpendicularly distant north of the said northerly boundary of Block Two hundred and ninety-two (292) to intersection with the northerly production of a line drawn parallel to and one hundred (100) feet perpendicularly distant west of the westerly boundary of Lot C in said Block Two hundred and ninety-two (292); thence northerly in the said northerly production of a line drawn parallel to and one hundred (100) feet perpendicularly distant west of the westerly boundary of Lot C in Block Two hundred and ninety-two (292) a distance of fifty (50) feet; thence easterly in a line drawn parallel to and one hundred (100) feet perpendicularly north of the said northerly boundary of Block Two hundred and ninety-two (292) to intersection with the northerly production of the said westerly boundary of Lot C; thence southerly in the said northerly production of the westerly bound­ ary of Lot C to a point in the said northerly boundary of Block Two hundred and ninety-two (292); thence easterly in the said northerly boundary of Block Two hundred and ninety-two (292) and the easterly production thereof to a point in the said westerly boundary of District Lot Two thousand and twenty-seven (2027); thence northerly in a straight line to the north-west corner of the said District Lot Two thousand and twenty-seven (2027); thence northerly in a straight line to a point on the centre line of Eighteenth Avenue produced westerly, which point is situate thirty-three (33) feet distant westerly, measured along the said centre line thus produced from its intersection with the westerly boundary of Block Forty-four (44) in District Lot One hundred and thirty-nine (139); thence westerly, parallel to the centre line of Sixteenth Avenue (which centre line shall be deemed to be, for the purpose of this description, that line drawn parallel to and sixty-six (66) feet perpendicularly distant southerly from the northern limit of Sixteenth Avenue) to intersection of the same with the centre line of Discovery Street; thence northerly along the centre line of Discovery Street to intersection of the same with the said centre line of Sixteenth Avenue; thence westerly along the centre line of Sixteenth Avenue to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of Block One hundred and sixty (160) in District Lot Five hundred and forty (540); thence northerly, parallel to and thirty-three (33) feet perpen­ dicularly distant westerly from the westerly boundaries, in succession, of Blocks One hundred and sixty (160), One hundred and fifty-nine (159), One hundred and fifty-two (152), One hundred and fifty-one (151), and VANCOUVER CHARTER CHAP. 55

One hundred and forty-four (144) respectively in District Lot Five hundred and forty (540) to intersection of the same with the centre line of Sixth Avenue; thence westerly along the centre line of Sixth Avenue, being along a curve to the left, concentric with and radially distant forty (40) feet southerly from the southerly boundary of Block Seven (7) in District Lot One hundred and forty (140), to intersection of the same with the continuation southerly of the curve, concentric with and radially distant thirty-three (33) feet westerly from the westerly boundary of the said Block Seven (7) in District Lot One hundred and forty (140); thence northerly along the said curve, concentric with and radially distant thirty-three (33) feet westerly from the said westerly boundary of Block Seven (7) in District Lot One hundred and forty (140), and along the continuation northerly thereof, to intersection of the same with the centre line of the one-hundred-and-twenty-foot street lying between Blocks Six (6) and Seven (7) in District Lot One hundred and forty (140) (which street is now known as "Fourth Avenue"); thence westerly along the centre line of the said one-hundred-and-twenty-foot street to intersection of the same with the production southerly of the westerly boundary of Block Five (5) in District Lot One hundred and forty (140); thence northerly along the said production, and continuing northerly along the westerly boundaries, in succession, of Blocks Five (5), Three (3), and One (1) respectively in District Lot One hundred and forty (140) to the north-west corner of the said Block One (1); thence continuing northerly along the production northerly of the said westerly boundary of Block One (1) in District Lot One hundred and forty (140) a distance of forty (40) feet, more or less, to a boundary survey monument set at or near the high-water mark of Burrard Inlet; thence along a line bearing astro­ nomically north, thirteen (13) degrees east, a distance of two thousand (2,000) feet; thence easterly in a straight line to a point in English Bay of Burrard Inlet, which point is situate astronomically north and three thousand (3,000) feet distant from a boundary survey monument set on the boundary between District Lot Five hundred and twenty-six (526) and District Lot One hundred and ninety-two (192) and set at a distance southerly from high-water mark of English Bay of approximately fifty (50) feet; thence astronomically north to intersection with a line drawn astronomically west through the aforedescribed point of commencement; thence astronomically east to the said point of commencement; each and every of the district lots herein mentioned being more particularly de­ scribed as being in Group One (1), New Westminster District of the Province of British Columbia. 1953, c. 55, s. 6; 1970, c. 54, s. 2; 1972, c. 67, s. 3.

7 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

PART I

ELECTORS 7. For the purpose of an election for the office of Mayor or Alder­ man, the following persons shall be entitled to have their names entered on the list of electors as owner-electors:— (a) Every person (not being a corporation) who is a Canadian citizen or other British subject and on the date of the election will be of the full age of nineteen years, and who, on the thirty-first day of July of the year in which the list is certi­ fied, is (i) the registered owner of any real property held in his own right in the city; or (ii) a principal lessee of a suite, used solely as a dwell­ ing, in a building of which a corporation is the registered owner; provided (A) such corporation operates on a non-profit basis; and (B) the memorandum of association of such corporation stipulates that such building shall be owned and operated for the benefit of occupant shareholders only; and (c) such principal lessee is the holder of shares in the corporation approximately equivalent in value to the capital cost of the suite; and (D) such principal lessee makes application to the City Clerk during the period between the first day of January and the thirty-first day of July, inclusive, or who makes application as provided in section 23; provided, however, that no principal lessee shall be entitled to have his name entered on the list of electors as an owner-elector if during the period of twelve months immediately preceding the date of the application referred to above the accommoda­ tion of such principal lessee was subleased or occu­ pied (for a period exceeding four months) by any person who is not the husband or wife or father or father-in-law or mother or mother-in-law, son or daughter, brother or sister of such principal lessee; (iii) an occupier having a right or interest in a parcel of Crown lands: (b) [Repealed. 1974, c. 104, s. 3.] 1953, c. 55, s. 7; 1958, c. 72, s. 3; 1959, c. 107, s. 2; 1962, c. 82, s. 2; 1965, c. 68, s. 3; 1968, c. 71, s. 2; 1969, c. 45, s. 2; 1970, c. 54, s. 3; 1972, c. 67, ss. 4, 5; 1974, c. 104, ss. 1-3.

8. [Repealed. 1974, c. 104, s. 4.] 1953 VANCOUVER CHARTER CHAP. 55

Sectors'" *** (1) For the purpose of such an election, the following persons shall be entitled to have their names entered on the list of electors as resident-electors: Every person who, on the fifteenth day of June of the year in which the list is certified, is a Canadian citizen or other British subject and, on the day of the election will be nineteen years of age, and who has continuously resided in the City of Vancouver since the first day of January of the current year. (2) For the purpose of determining whether or not a person has resided in the city, the residence of a person shall be determined accord­ ing to the following rules:— (a) The residence of a person shall be deemed to be the place in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning: (b) A person who leaves his home for temporary purposes only shall not thereby lose his residence: (c) A person shall not be considered to have gained a residence in the city if he has come into the city for temporary purposes only, without the intention of making the city his home: (d) If a person goes to a place outside the city with the intention of making that place his residence, he loses his residence in the city: (e) If a person goes to a place outside the city with the intention of remaining in that place for an indefinite time as a place of residence, he thereby loses his residence in the city, notwith­ standing the fact that he may have the intention of returning at some future time: (/) The place where a man's family resides shall be deemed to be his place of residence, but any man who takes up or continues his abode with the intention of remaining at a place other than where his family resides shall be deemed to be resident where he so resides: (g) Residence of a single man shall be where he usually sleeps, without regard to where he takes his meals or is employed: (h) A change of residence can only be made by the act of removal joined with the intent to remain in another place; there can be only one residence; a residence cannot be lost until another one is gained. 1953, c. 55, s. 9; 1959, c. 107, s. 4; 1965, c. 68, s. 2; 1966, c. 69, s. 2; 1968, c. 71, s. 3; 1969, c. 45, s. 4; 1972, c. 67, s. 8. fle^wbothto 10- Where a person would be entitled to have his name entered on oTOer"fector. *e ^st °* electors as an owner-elector and as a resident-elector, his name shall be so entered only as an owner-elector. 1953, c. 55, s. 10; 1953 (2nd Sess.), c. 47, s. 2.

Sectorcon- *•*-• A resident-elector shall be entered on the list of electors only dSSrirt "in8le for ^ P°Umg district in which he resides. 1953, c. 55, s. 11. 9 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Canvass of dwellings. 12. In order to assist him in ascertaining which persons were resi­ dent-electors on the fifteenth day of June in any election year, the City Clerk shall cause a canvass to be made of dwellings throughout the city. Any person impeding or obstructing the City Clerk or any enumerator in carrying out his duties under this section is guilty of an offence against this Act. 1953, c. 55, s. 12; 1965, c. 68, s. 4; 1968, c. 71, s. 4; 1978, c. 41, s. 2. poH?ngon of 13. The Council shall by by-law divide the city into as many polling districts. districts as may be convenient, and may assign a number to each such district. 1953, c. 55, s. 13.

Name to be entered for 14. Where an owner-elector would otherwise be entitled to have his one polling district only. name entered on the list of electors for more than one polling district, his name may be entered for any one polling district in which he is the owner of real property; provided, however, that any such owner-elector may, before the completion of the revision of the register of electors, elect to have his name transferred from the polling district for which his name has been entered to any other such polling district. 1953, c. 55, s. 14; 1974, c. 104, s. 5.

•gramem to •*•**. The name of an owner under agreement shall be entered on the registered ^st °* electors as an owner-elector instead of, and in the place of, the owner. registered owner. 1953, c. 55, s. 15.

Assessment records to be 16. In order to ascertain what persons were owners, or owners under available to ascertain agreement, of any real property on the thirty-first day of July in any owners. year, the City Clerk shall have recourse to the last revised real-property assessment roll, or later records kept by the assessor. 1953, c. 55, s. 16; 1953 (2nd Sess.), c. 47, s. 3; 1962, c. 82, s. 4; 1968, c. 71, s. 5; 1974, c. 104, s. 6; 1977, c. 30, s. 146 (proc. eff. Sept. 30, 1977).

System of registration. 17. The Council may direct that in place of or in addition to a can­ vass as hereinbefore provided, the City Clerk shall, for the purpose of ascertaining who are resident-electors, institute a system of registration subject to the directions of the Council. 1953, c. 55, s. 17; 1974, c. 104, s. 7.

Transfer with retention of 18. It shall be an offence against a provision of this Act for any per­ beneficial ownership to son to transfer any real property or interest therein, or to accept a give vote an offence. transfer of any real property or interest therein, for the purpose of enabling a person to have his name entered on the list of electors, if there is any arrangement or understanding that the beneficial ownership of the property transferred, or of the interest therein, shall remain in the transferor. 1953, c. 55, s. 18. 10 1953 VANCOUVER CHARTER CHAP. 55

SeSorVwbe 1Q. The City Clerk shaU> before toe eighth day of August in each prepared. election year, cause a register of electors to be prepared, in which he shall insert, so far as he can ascertain them, the name and address of every person entitled under the provisions of this Act to have his name entered on the list of electors, whether as an owner-elector or resident-elector. 1953, c. 55, s. 19; 1965, c. 68, ss. 2, 5; 1968, c. 71, s. 6; 1974, c. 104, ss. 8, 9. fn'book'fo'rm. 20. The register of electors need not be in the form of a list or book, but may consist of a system of cards or sheets suitable for use by mechanical devices. The City Clerk shall be responsible for the custody of the register of electors, and shall see that it is kept intact and not subject to access or alteration by unauthorized persons. 1953, c. 55, s. 20.

n 31 cit ?m?t nameS - T^ y Clerk, in the preparation of the register of electors, improper?™ sna^ De guilty of an offence against a provision of this Act if he wilfully omits, or permits the omission of, the name of any person entitled to have his name therein, or inserts, or permits to be inserted, in the reg­ ister the name of any person not entitled to have his name therein. 1953, c. 55, s. 21. taStew 22. From the eighth day of August up to and including the twenty- touufpubifc. ^rst ^ay °f August in each election year, the City Clerk shall, at his office during office hours, make available to any applicant any infor­ mation contained in the register of electors reasonably required by such applicant. The City Clerk shall give public notice by advertisement in at least four issues of a daily newspaper published in the city (a) that the register of electors has been prepared; (fc) that the information contained therein is available to applicants; (c) that errors and omissions may be corrected if complaint is made to the City Clerk on or before the twenty-first day of August. 1953, c. 55, s. 22; 1965, c. 68, s. 6; 1968, c. 71, s. 7; 1974, c. 104, s. 10. to0errorsnt as 23. Any person complaining that there is in the register of electors any error or omission may, on or before the twenty-first day of August of each election year, give notice in writing to the City Clerk of such com­ plaint, and may within the same time file with him a statement in writing in support of such complaint. 1953, c. 55, s. 23; 1965, c. 68, s. 7; 1968, c. 71, s. 8; 1973, c. 93, s. 2; 1974, c. 104, s. 11.

Revising judge 34 Tjje Council shall, in each election year before the eighth day of appointed. JUIVJ appoint some member of the Law Society of British Columbia to be the Revising Judge of the list of electors for the year, and his deci­ sion as to the right of any person to have his name on such list in accordance with the provisions of this Act shall be final. He shall be

11 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

paid such fee as may from time to time be fixed by the Council. In the exercise of his duties under this Act, the Revising Judge shall have all the powers of a Judge of the County Court. 1953, c. 55, s. 24; 1965, c. 68, ss. 2, 8; 1974, c. 104, s. 12.

Judge to fix time for 25. The Revising Judge shall appoint a place and time when he will revision. begin the revision of the register of electors. Except with the approval of Council, such time shall not be earlier than the twenty-second day of August nor later than the thirtieth day of August in an election year. 1974, c. 104, s. 13.

Notice thereof. 26. The City Clerk shall, immediately after the fifteenth day of August in an election year, give public notice of the place and time so appointed by advertisement in at least three issues of a daily newspaper published in the city. 1953, c. 55, s. 26; 1965, c. 68, s. 10; 1968, c. 71, s. 10; 1974, c. 104, s. 14.

Proceedings before the 27. The Revising Judge shall, at the place and time appointed, begin Judge. the revision of the register of electors and proceed to adjudicate upon the complaints of which notice has been given to the City Clerk under section 23 of this Act. He may hear viva voce evidence in a summary way, or, at his discretion, may accept and act upon such statements in writing as have been filed with the City Clerk as provided in section 23 of this Act. He may adjourn the hearing from time to time as he deems necessary, and may defer judgment on any complaint, but in any event he shall complete the revision of the register of electors by the fifth day of September. 1953, c. 55, s. 27; 1968, c. 71, s. 11; 1974, c. 104, ss. 15, 16.

Additional powers. 28. In addition to the correction of errors and omissions complained of, the Revising Judge may, of his own motion, correct manifest errors in the register of electors, but, whether as a result of a complaint or otherwise, he shall not remove the name of a living person from the register of electors without giving that person such notice and such opportunity to be heard as the Revising Judge thinks reasonable, or satisfying himself that the giving of such notice or such opportunity is in the circumstances impracticable or unnecessary. 1953, c. 55, s. 28.

Certificate by Judge. 29. Having revised the register of electors, the Revising Judge shall certify the errors and omissions to be corrected, and the City Clerk shall cause the register of electors to be corrected accordingly. 1953, c. 55, s. 29.

City Clerk to group names 30. The City Clerk shall then cause to be printed a reasonable and print in book form. number of books containing every name and address in the register of electors as corrected. In such book the names shall be grouped in polling districts in accordance with those established by by-law, and owner- electors and resident-electors shall be suitably designated. 1974, c. 104, s. 17. 12 1953 VANCOUVER CHARTER CHAP. 55 atycckrknby 31- At the end of one coPy of tne DOok> through each page of which there is a perforation, the City Clerk shall verify the same by completing and attaching thereto a statutory declaration to the following effect:— I, , of the City of Vancouver, in the Province of British Columbia, solemnly declare:—• 1. I am City Clerk of the City of Vancouver and as such have caused the foregoing book to be printed. 2. To the best of my knowledge, information, and belief, the foregoing book contains every name and address contained in the register of electors for the year 19 as revised and corrected by the Revising Judge. 3. To the best of my knowledge, information, and belief, no names are included in the said book save those contained in such register as revised and corrected. 4. To the best of my knowledge, information, and belief, the names contained in the said book are properly designated as owner-electors or resident-electors, as the case may be, and are properly grouped in polling districts as established by by-law. And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at , in the" Province of British Columbia, this day of , 19 .

A Commissioner for Taking Affi­ 1953, c. 55, s. 31; davits within British Columbia. 1974, c. 104, s. 18. bSok8andSeal 33- If the Revising Judge is satisfied that the copy of the book so «nfy one printed and so verified fulfils the requirements of section 30 of this Act, he shall identify the same by passing a ribbon of fabric or metal through the perforation in each page and by affixing his seal to the ribbon in such a way as to prevent the removal of a page without tearing it, and prevent the insertion of a page while the ribbon and seal are intact. The Revising Judge shall then attach to such copy his certificate to the following effect:— I, , of the City of Vancouver, in the Province of British Columbia, barrister, do certify as follows:— 1. I am the Revising Judge appointed by the Council of the City of Vancouver for the year 19 . 2. I have revised and corrected the register of electors as required by the Vancouver Charter. 3. To the best of my knowledge, information, and belief, the attached book, the pages of which are identified by my seal, includes every name and address contained in the register of electors for the year 19 as corrected by me and does not include any names save those contained in such register as corrected by me. 4. I am satisfied that the requirements of section 30 of the Act have been fulfilled. Given under my hand this day of , 19 .

Revising Judge. 1953, c. 55, s. 32.

13 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Time for completion. 33. The Revising Judge shall make such certification on or before the fifteenth day of October in an election year unless the Council fixes some other date therefor. 1953, c. 55, s. 33; 1965, c. 68, s. 11; 1974, c. 104, s. 19.

List of electors. 34. Subject to section 34A, the book so verified and certified shall constitute the current list of electors and shall be used for the purpose of any election for the office of Mayor, Alderman, or Park Commissioner, or for any other purpose referred to in this Act, until a new list is printed and certified in accordance with the provisions of this Act. 1953, c. 55, s. 34; 1969, c. 45, s. 5. odd-numbered S4A. The City Clerk shall, before the eighth day of August in each odd-numbered year, cause a register of electors to be prepared, in which he shall insert, so far as he can ascertain them, the name and address of every person whose qualifications in such odd-numbered year would, in an election year, entitle him to have his name entered in the list of electors as an owner-elector. The said register shall, for all purposes of this Act, be deemed to be the current list of owner-electors until a new list is printed and certified in accordance with this Act. When the said register has been prepared, the City Clerk shall examine it and, if he is satisfied that it is accurate, he shall cause to be printed at least ten copies of a book containing every name and address in the register. In such book the names of the owner-electors shall be grouped in polling districts in accordance with those established by by-law. At the end of one copy of the book the City Clerk shall verify the same by completing and attaching thereto a statutory declaration to the following effect:— I, , of the City of Vancouver, in the Province of British Columbia, solemnly declare:— 1. I am the City Clerk of the City of Vancouver and as such have caused the annexed book to be prepared. 2. To the best of my knowledge, information, and belief, the annexed book contains the name and address of every person entitled under the Vancouver Charter to have his name entered on the list of electors as an owner-elector. 3. To the best of my knowledge, information, and belief, the names contained in the said book are properly designated as owner-electors and are properly grouped in polling districts as established by by-law. And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at , in the Province of British Columbia. this day of , 19 .

A Commissioner for Taking Affidavits within British Columbia. Sections 10, 19, 22 to 33, inclusive, and 35, 36, and 36A shall not apply to a register prepared in accordance with this section. 1969, c. 45, s. 6; 1974, c. 104, ss. 20, 21.

14 1953 VANCOUVER CHARTER CHAP. 55

SreSnk ^**- The ^st °* electors uP0n certification as aforesaid shall thereupon be delivered to the City Clerk for safe-keeping, and it shall, unless other­ wise ordered by the Council or a Court acting within its jurisdiction, remain at all times in his custody. 1953, c. 55, s. 35; 1965, c. 68, s. 2. rfco^ies011 **®- One copy of the list of electors shall be delivered upon request to (a) the Revising Judge who certified it; (fc) every member of the Council; (c) every candidate for the office of Mayor, Alderman, School Trustee, or Park Commissioner; (d) any other person who pays to the City Clerk such amount as the Council shall direct. 1953, c. 55, s. 36; 1974, c. 104, ss. 22, 23. ofeeiectorsfUst ^**A- ^ A Stipendiary Magistrate or a Judge of the County Court may hear and determine cases where it is alleged, after the list of electors has been certified pursuant to section 32, that the name of any person has been improperly placed on or omitted from the list of electors, and the Clerk shall, on receipt of an order from the Magistrate or Judge, add to or strike from the list of electors the name of any person who the Magistrate or Judge decides is or is not entitled to vote. (2) Notice of every application to a Magistrate or Judge for an order under subsection (1), stating the grounds upon which the application is made, shall be given as directed by the Magistrate or Judge, and no application shall be heard or order made in any year after the thirtieth day of October. 1959, c. 107, s. 5; 1974, c. 104, s. 24.

SSESSectoF. ^6B. Notwithstanding anything in this Act contained, in case any person who appears by the records kept by the Assessor to be entitled to be entered upon the list of owner-electors but has been inadvertently left off the said list by the City Clerk, shall on any election-day satisfy the City Clerk that his name appears in the records kept by the Assessor, that he was entitled to be entered upon such list of owner-electors by the City Clerk, and that he is still entitled to be entered upon such list of owner-electors, then the City Clerk may give a certificate under his hand, to any Deputy Returning Officer, such certificate to state that the person therein named is entitled to vote and to be entered upon the list of owner-electors, in respect of property to be described in such cer­ tificate; and upon presentation of such certificate to the Deputy Return­ ing Officer of the polling district in which such property is situate, such owner-elector shall be entitled to vote at such election in like manner as if he had been originally entered upon the list of owner-electors by the City Clerk, and shall be deemed to have appeared on the list of owner-electors for the current year. 1959, c. 107, s. 5.

15 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

PART n ELECTIONS tof'Ma^'r0"* 37. Every person, who is a Canadian citizen or other British subject «nd Aider- and 0f the fuu age 0{ nineteen years, who is not disqualified by this Act or any other law in the Province, is qualified to be nominated for the office of a member of Council if at the time of the filing of his nomina­ tion-paper (a) he possesses the qualifications of an owner-elector as set forth in section 7; or, (b) not possessing such qualifications, he is and has been a resident of the city or any other municipality in the Province for twelve consecutive months immediately prior to the date of such filing; or, (c) his name appears on the list of electors for the current year of any municipality or regional district within the Province. 1953, c. 55, s. 37; 1958, c. 72, s. 4; 1965, c. 68, s. 12; 1966, c. 69, s. 3; 1969, c. 45, s. 7; 1975, c. 43, s. 12; 1978, c. 41, s. 3.

DUqutiiflca- 3g jjje following are the disqualifications for nomination, election, and the holding of office as a member of Council:— (a) Being employed by the city upon terms of payment either In money or money's worth: (6) Failing to maintain his status as a British subject: (c) Directly or indirectly, or by the interposition of a trustee or a third person, being a party to, or the holder of, any contract with the city: (d) If, at the time of his election or at any time subsequent thereto, he does not meet at least one of the following conditions:— (i) Is a resident of the city or any other municipality in the Province: (ii) Possesses the qualifications of an owner-elector as set forth in section 7: (iii) His name appears on the list of electors of any municipality or regional district in the Province: (e) Any person holding a judicial office: (/) Having a disputed account or claim against the city: (g) Having been convicted on indictment of an offence in Canada, less than five years have elapsed since completion of the punishment or since his pardon, as the case may be: (h) Being an undischarged bankrupt or an undischarged author­ ized assignor under the Bankruptcy Act: (i) After election as a member of Council, being absent from four consecutive regular meetings of Council without leave of Council. 1953, c. 55, s. 38; 1958, c. 72, s. 5; 1959, c. 107, s. 6; 1966, c. 69, s. 4; 1967, c. 63, s. 2; 1973, c. 93, s. 3; 1978, c. 41, ss. 4 to 6. 1953 VANCOUVER CHARTER CHAP. 55 uonofT':*?" ^- Nothing in section 38 shall apply to or disqualify a person merely (a) because he is a shareholder in an incorporated company which is a party to or holds a contract with the city; provided he does not knowingly vote at a meeting of the Council, or any committee thereof, on any question affecting the company; (b) because as devisee, legatee, executor, or administrator, or otherwise involuntarily by operation of law, for a period of not more than twelve months, he is a party to or holds a con­ tract with the city; (c) because in common with other inhabitants of the city, and on the like terms, he contracts for water or other municipal ser­ vices with the city; (d) because in common with other inhabitants of the city, and on the like terms, he contracts with the city with respect to side­ walk crossings, easements, retaining-walls adjacent to streets, street-widening, building-lines, or encroachments upon, under, or over a street; (e) because in common with other inhabitants of the city, and on the like terms, he purchases or holds any debentures of the city; (/ ) because he is paid the lawful remuneration provided for Mayor or Alderman or any sum pursuant to clauses (d) and (e) of section 204. 1953, c. 55, s. 39.

Nominations Notice for nomination. 40. Commencing in the year 1974, the last Wednesday of October of every even-numbered year shall be nomination-day, and the City Clerk shall, in each such year, publish a notice calling for the nomination by that day of candidates for election to the office of Mayor and of candidates for election to the office of Alderman. 1953, c. 55, s. 40; 1965, c. 68, s. 13; 1974, c. 104, s. 25.

Election year. 41. " Election year " means any year in which a general electioele n is held pursuan„ooft to section 40, unless the context otherwise requires. 1969, c. 45, s. 8. published.1* ^2. Publication of the notice calling for nominations shall be by advertisement for at least twelve days during the three weeks prior to nomination-day in a newspaper published in the city and by posting copies of such notice in such places as the City Clerk shall select. The notice may be in the following form or to the like effect:—

CITY OF VANCOUVER Notice is hereby given that in accordance with the provisions of the Vancouver Charter, the Returning Officer will receive nominations at the office of the City Clerk. City Hall, Vancouver, B.C., for election to the following offices:— 17 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Forms of nomination-papers and a copy of the statutory provisions respecting nomination may be had upon application to the City Clerk. Dated at Vancouver, B C, this day of , 19 .

City Clerk. 1953, c. 55, s. 42. be'R^urmng ^3. For the purpose of receiving nomination-papers and holding any officer. election authorized by this Act to be held, the City Clerk shall, unless the Council appoints some other person, be the Returning Officer. 1953, c. 55, s. 43.

nomfnatlonfor "*^- ( *) Every candidate for the office of Mayor or Alderman shall Alderman deliver to the Returning Officer, within fourteen days ending on nomi­ nation-day and not later than twelve o'clock noon on nomination-day, (1) a nomination-paper in the form set out in section 45; (2) a declaration in the form set out in section 47. (2) Every candidate for the office of Mayor shall deliver to the Re­ turning Officer with his nomination-paper a deposit as required by sec­ tion 44A. 1953, c. 55, s. 44; 1958, c. 72, s. 6; 1959, c. 107, s. 7; 1966, c. 69, s. 5; 1972, c. 67, s. 9.

44A. (1) Every candidate for the office of Mayor shall deposit with the Returning Officer three hundred dollars in legal tender or a cheque made payable to City of Vancouver for that amount drawn by him upon and accepted by any chartered bank doing business in British Co­ lumbia. (2) The sum so deposited by any candidate shall be returned to him in the event of his being elected or of his obtaining a number of votes equal to or greater than 5 per centum of the sum of the valid votes cast for all candidates for the office of Mayor; otherwise it shall belong to the City. 1972, c. 67, s. 10.

fom!nation ^**- Tte nomination-paper shall be in the following form or to like effect:—

NOMINATION-PAPER We, the undersigned electors and residents of the City of Vancouver, hereby nominate [name, address, and occupation] as a candi­ date for the office of [Mayor or Alderman] for the City of Vancouver at the election now about to be held. Witness our hands at Vancouver, B.C., this day of , 19 . NOMINATORS Signature of Nominator Name Address Occupation

(l) (2).

18 1953 VANCOUVER CHARTER CHAP. 55

CONSENT OF CANDIDATE I, the said , nominated in the foregoing nomination-paper, hereby consent to such nomination. Witness my hand at Vancouver, B.C., this day of , 19 . Signed by the said nominee] in the presence of: USignature)

1953, c. 55, s. 45; 1958, c. 72, s. 7; 1959, c. 107, s. 8; 1965, c. 68, s. 14; 1966, c. 69, s. 5; 1972, c. 67, s. 11.

Nominators. 46. (1) Every nomination-paper shall be signed by two persons whose names appear on the current list of electors, and who are residents of the city. (2) The ordinary signature and the name of each nominator shall be subscribed to the nomination-paper together with his address and occupation. Form of nomination- (3) The nomination-paper shall be in the form prescribed in section paper. 45 and shall state the name, address, and occupation of the person nominated. (4) The name of the person nominated as set forth on the nomina­ tion-paper shall contain his surname, one given name and, at the option of the candidate, his other given names or the initials thereof. The name of the candidate which will appear on the ballot-paper shall be identical to the name appearing on the nomination-paper. 1953, c. 55, s. 46; 1959, c. 107, s. 9; 1966, c. 69, s. 5; 1972, c. 67, s. 12; 1973, c. 93, s. 4. nomination- ^- No nomination-paper is valid nor shall it be acted upon by the paper yaiid. Returning Officer unless (a) it includes the consent in writing of the person therein nomi­ nated; and (ft) it is accompanied by a declaration by the candidate in the following form:— I, , of , in the City of Vancouver, [occupation], do solemnly declare:— 1. That I am fully qualified to be nominated, elected, and to hold the office of for the City of Vancouver. 2. That my nominators are residents of the City of Vancouver and that their names appear on the current list of electors. 3. That I am of the full age of nineteen years and that I am a British subject. 4. That I am not subject to any legal incapacity. Or 4. That, except for the fact that I am under the age of nineteen years, I am not subject to any legal incapacity. 5. That I possess the qualifications of an owner-elector. Or 5. That I have resided in the city or municipality of for the past 12 months and am at present a resident.

Or 19 CHAP. 55 VANCOUVER CHARTER 1-2 ELEZ. 2

5. That my name appears on the list of electors for the current year of the municipality of or regional district of 6. That I am not disqualified by this or any other Act of the Province. And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at this"] day of , 19 . J- J And if the foregoing requirements are not complied with, the Returning Officer shall reject the nomination-paper. 1953, c. 55, s. 47; 1958, c. 72, s. 8; 1959, c. 107, s. 10; 1966, c. 69, s. 5; 1969, c. 45, s. 9; 1972, c. 67, s. 13; 1976, c. 32, s. 23 (proc. eff. July 8, 1976); 1978, c. 41, s. 7.

48. [Repealed. 1966, c. 69, s. 5.]

49. [Repealed. 1966, c. 69, s. 6.] nomination- **^ When the Returning Officer receives a nomination-paper and, paper. after SUCQ examination as he thinks necessary, declares that it is valid, he shall, at the request of the candidate named therein, give a receipt stating that the candidate's nomination has been accepted. 1953, c. 55, s. 50.

£«iamation, 51 jf on]y one candidate is validly nominated for the office of Mayor, efection.d ^ Returning Officer shall publicly declare him to be duly elected as Mayor by acclamation. If more than one candidate is validly nomi­ nated for the office of Mayor, the Returning Officer shall publicly ad­ journ the proceedings and hold a contested election as hereinafter pro­ vided among those so nominated. 1953, c. 55, s. 51. aVciarrfau'o'r? **^- ^ l^e number of candidates validly nominated for the office of Alderman does not exceed the number of vacancies to be filled, the Returning Officer shall publicly declare those so nominated to be duly elected as Aldermen. If the number of candidates validly nominated for the office of Alderman exceeds the number of vacancies to be filled, the Returning Officer shall publicly adjourn the proceedings and hold a contested election as hereinafter provided among those nominated. 1953, c. 55, s. 52. offfcan

re whenan **^- When from any cause not otherwise provided for the election election fails a or or trie toukeptec> plat e °* Mayor " requisite number of Aldermen fails to take place, 20 1953 VANCOUVER CHARTER CHAP. 55

the Returning Officer shall cause a new election to be held as soon as practicable to fill any vacancy, and, until their successors are sworn in, the members of the Council theretofore sitting shall continue in office. The above provisions as to nomination and election shall, mutatis mu­ tandis, apply to such new election. 1953, c. 55, s. 54.

Contested Election Sert'ontobe **5. Every contested election for the office of Mayor or Alderman by baiiot. sjjau ia\^e p]ace on the day three weeks after nomination-day, and the votes shall be taken by ballot by means of ballot-boxes, and the poll shall be conducted in accordance with the provisions of this Part. 1953, c. 55, s. 55; 1974, c. 104, s. 26. ete'cuoift'o be 56 T^ Returning Officer shall before the day fixed for a contested published. election (hereinafter called " polling-day ") cause to be published in two daily newspapers published in the city a notice of such election contain­ ing the name of every candidate validly nominated and specifying the office for which he is a candidate and shall either mail to every person whose name appears on the voters list a notice indicating the polling- place at which he may cast his vote or in the alternative may publish in the said newspapers a map designating the polling districts and the poll­ ing-place for each such district. 1957, c. 85, s. 2; 1958, c. 72, s. 11. powngand **^- The P°^ snaU °Pen at eight o'clock in the forenoon of polling-day advanced pou anc* ^ ^ept °Pen unt^ e'SQt ocl°ck m tne afternoon of the same day and no longer; provided, however, that the Council may, by by-law, provide for the holding of an advanced poll at such place as Council may deter­ mine, to be kept open at such times between nomination-day and polling- day as the by-law may prescribe. Except as otherwise provided in sec­ tions 36B, 73, and 73A, only a person whose name is on the current list of electors and who subscribes and files with the Returning Officer or Deputy Returning Officer, as the case may be, a statement that he is a person whose mobility is restricted or impaired by physical disability or for whom attendance at the usual facilities on polling-day would be a physical hardship or that he expects to be absent from the city or a patient in a hospital on polling-day shall be permitted to vote at an advanced poll. Except during the hours when the advanced poll is open, the Returning Officer shall keep the ballot-boxes used therefor sealed so that no ballot-papers may be inserted therein or withdrawn therefrom. The Returning Officer shall take due precautions to prevent any voter at an advanced poll from voting again on polling-day. After the close of the poll the Returning Officer, or a Deputy Returning Officer designated by him, shall open the ballot-boxes and count the ballots cast at the advanced poll. 1972, c. 67, s. 14; 1978, c. 41, s. 8.

of0"ottagns **^- An elector snafl be entitled and permitted to vote (a) once only for a candidate for the office of Mayor; CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

(ft) once only for as many candidates for the office of Alderman as there are offices to be filled and once only for each of them 1953, c. 55, s 58; 1974, c. 104, s. 27; 1978, c. 41, s 9 S?re"aredto **®- For use at a contested election, the City Clerk shall cause to be prepared and made available for each polling district a district roll, being a copy of so much of the list of electors as contains the names of all persons entered on such list for that polling district. The City Clerk shall at the end thereof certify each copy as follows:— I hereby certify that the foregoing district roll contains the names of the electors entitled to vote in Polling District No. as the same appear in the annual list of electors for the year and does not contain the name of any other person Dated the day of , 19 .

City Clerk. 1953, c 55, s 59; 1953 (2nd Sess ), c 47, s 4; 1965, c 68, s. 2.

Duties of Returning 60. It shall be the duty of the Returning Officer for and at the expense Officer. of the city with respect to a contested election (a) to provide adequately equipped polling-places for each polling district wherein the voters in such district may vote in accord­ ance with the provisions of this Act; (6) to appoint Deputy Returning Officers for conducting the poll; a Deputy Returning Officer may, with the approval of the Returning Officer, appoint such poll clerks and other persons as may be necessary to conduct the poll; (c) to cause a sufficient number of ballot-papers to be printed to enable the votes to be taken; (d) to cause each polling-place to be provided with such a number of compartments as may be necessary to enable the voters to mark their ballot-papers screened from observation; (e) to supply each Deputy Returning Officer with sufficient ballot- papers, poll-books, ballot-boxes, pencils, forms, and docu­ ments to enable the votes to be taken in accordance with this Part, together with the district roll for his polling district; (/) to do such other acts and things as may be necessary for effectually conducting a contested election in accordance with the provisions of this Act. 1953, c. 55, s. 60; 1972, c. 67, s. 15. o?SI!ik>«lon 61. Every ballot-box shall be provided with a lock and key, and •x»"- shall be so constructed that ballot-papers may be deposited therein but cannot be withdrawn without the box being unlocked or broken. 1953, c. 55, s. 61.

S'/ecistod? 62- Jt SnaU be the dutV °f ^ CitV Clefk t0 haVe available at aU of boxes. times a sufficient number of ballot-boxes in good condition, and he shall

22 1953 VANCOUVER CHARTER CHAP. 55

have the custody thereof, and, unless the Council otherwise directs, he shall not permit any of them to be out of his control. 1953, c. 55, s. 62.

Colour of ballots. 63. The ballot-papers to be used in the election of a Mayor shall be of a different colour from those used in the election of Aldermen. 1953, c. 55, s. 63.

Names of candidates 64. On every ballot-paper the names of the candidates, followed by thereon. a statement of their occupation, shall be arranged alphabetically in the order of their surnames, and if two or more candidates have the same surname, in the alphabetical order of their other names. In addition to the surname of each candidate the ballot shall contain one of his given names and, if shown on his nomination-paper, his other given names or the initials thereof. 1953, c. 55, s. 64; 1972, c. 67, s. 16.

Provision for party 64A. The Council may make by-laws for providing that the ballot- affiliation. papers to be used in an election for the office of Mayor, Alderman, Park Commissioner, or School Trustee shall indicate what, if any, political party or interest each candidate is nominated to represent. Such by-laws may provide the terms and conditions upon which such designation may be made and indicated on the ballot. 1974, c. 104, s. 28.

Space for mark. 65. On every ballot-paper there shall be provided a blank space after the name of each candidate for the use of the voter in marking his ballot- paper. 1953, c. 55, s. 65.

Number to be elected to 66. On every ballot-paper to be used in an election for the office of be shown. Alderman, there shall be plainly printed a statement showing the number of Aldermen to be elected. 1953, c. 55, s. 66. o«th by agent. (57 ]sj0 pers0n shall act as the agent of any candidate at any polling- place unless and until he makes and subscribes and delivers to the Deputy Returning Officer an oath as follows:— I, , of Street, in the City of Vancouver, in the Province of British Columbia, , make oath and say:— 1. I have been authorized in writing by , a candidate for the office of , in the forthcoming contested election to be his agent for Polling District No. . 2. I will keep secret and will not disclose any information which I may receive during such election as to what candidate any person votes for. Sworn before me at the city of Vancouver," in the Province of British Columbia, this day of ,19 1953, c. 55, s. 67.

Oath by Deputy 68. Every Deputy Returning Officer and every poll clerk, before Returning Officers and entering upon his duties as such, shall make and subscribe an oath in poll clerks. the following form, and shall file the same with the Returning Officer:—

23 CHAP. 55 VANCOUVER CHARTER 1-2 ELK. 2

I, , of the City of Vancouver, in the Province of British Columbia, [occupation], having been appointed a Deputy Returning Officer [or poll clerk, as the case may be], do swear:—• 1. That I will truly, faithfully, and impartially execute the duties of the office of Deputy Returning Officer [or poll clerk, as the case may be]. 2. That I have not received and will not receive any payment or reward, or promise thereof, for the exercise by me of any partiality or malversa­ tion or other improper execution of or about my duties as Deputy Return­ ing Officer [or poll clerk, as the case may be]. 3. That I will keep secret and will not disclose any information which I may receive during the forthcoming election as to which candidate any person votes for. Sworn before me at the City of Vancouver," in the Province of British Columbia, this day of , 19 1953, c. 55, s. 68.

IdrSXer 69- Anv oatn required of a poll clerk may be sworn before the °*at- Returning Officer or a Deputy Returning Officer, and any oath required of a Deputy Returning Officer may be sworn before the Returning Officer. 1953, c. 55, s. 69.

Mra,rtS?ton8" 70- At the °Pening of the poll each Deputy Returning Officer shall be licked. 0pen eacn ballot-box supplied for the polling district for which he is to act and permit any persons there present to examine it in order to see that it is empty. The Deputy Returning Officer shall then lock each ballot-box, retaining the key and keeping the box locked but available for the deposit therein of ballot-papers, and in view of those present, until the close of the poll. 1953, c. 55, s. 70.

Person» who 71. in addition to the Deputy Returning Officer and the poll clerks may remain in r j o r poiiing-piace. appointed as aforesaid, any candidate and one agent (authorized in writing as such) for any candidate may remain in any polling-place while the votes are being taken and counted. Every such poll clerk, candidate, agent, and any other person, while in a polling-place, shall comply with the reasonable directions of the Deputy Returning Officer as to keeping order, the allotment of seating accommodation, and the like. 1953, c. 55, s. 71. who may 72. Subject to sections 73, 74, 77, 81, and 82, every person whose poiung district, name is contained in a district roll for any polling district may require the Deputy Returning Officer for that polling district to supply him with a ballot-paper at a contested election, and no person shall be entitled to a ballot-paper thereat unless his name is contained in such district roll. 1953, c. 55, s. 72. ma* Kmed 7^. (J) If there ls inadvertently omitted from the list of electors omission. as printed the name of any person which appears on the register of electors as last corrected, the City Clerk on polling-day may in writing authorize the Deputy Returning Officer for the proper polling district to 24 1953 VANCOUVER CHARTER CHAP. 55

supply a ballot-paper to such person, and thereupon such person shall be entitled to receive a ballot-paper as if his name had been on the list of electors. (2) Within ten days after polling-day the City Clerk shall make a return to the City Council showing the names and addresses of all persons with respect to whom he gave authorization under the last preceding section. 1953, c. 55, s. 73; 1965, c. 68, s. 2.

73A. (1) Where a person claims to be a qualified elector and his names does not appear to be on the current list of electors, he shall be entitled to receive ballot-papers upon swearing or affirming an affidavit in the form required to the effect that he is qualified to vote at the elec­ tion. (2) Upon marking the ballot-papers he shall return them to the Deputy Returning Officer or a poll clerk, who shall place them in an envelope on the back of which is the elector's affidavit. The envelope shall be sealed and placed in a separate ballot-box kept to receive ballots cast pursuant to this section. (3) At the close of the poll all ballot-boxes kept to receive ballots cast pursuant to this section shall be delivered to the Returning Officer. The Returning Officer shall open the boxes and examine the affidavits on the ballot-envelopes in the presence of such of the candidates or their agents as may be present. (4) Where the Returning Officer determines that the affidavit in the required form has been properly affirmed or sworn, and (a) the name of the person who affirmed or swore the affidavit appears on the current list of electors; or (fc) it appears from the records kept by the assessor that the per­ son who affirmed or swore the affidavit was entitled to be entered on the list of owner-electors but was inadvertently left off the list; or (c) the name of the person who affirmed or swore the affidavit appears on the register of electors; or (d) the name of the person who affirmed or swore the affidavit appears on the list of electors last prepared prior to the current list of electors he shall open the ballot-enevelope and place the ballot in a ballot-box to be dealt with by a Deputy Returning Officer in accordance with the provisions relating to proceedings after the close of the poll; otherwise the ballot-envelope shall be destroyed without being opened. 1972, c. 67, s. 17.

JJSfc&rtJto 74. Any Deputy Returning Officer, poll clerk, or other person «t°atfonedre authorized in writing by the Returning Officer may, if otherwise qualified, vote in the polling district for which he has been appointed or at such polling district as the Returning Officer may in writing direct. 1953, c. 55, s. 74;. 1970, c. 54, s. 4. 25 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2 bogfvVn. T**- Upon being satisfied that any applicant for a ballot-paper is entitled to vote in a polling district, the Deputy Returning Officer or poll clerk (as the case may be) therefor shall write his own initials legibly on the back of the ballot-paper and, having given the same to the applicant, shall cause a record to be made in a poll-book that the applicant has received a ballot-paper. 1953, c. 55, s. 75.

be0fondowed° 76. The applicant, having received a ballot-paper, shall forthwith baSoTMid8 retire to one of the compartments provided for the purpose and shall utting It Ei tbox . then and there, screened from observation by any other person, mark the ballot-paper by placing a cross in the blank space after the name of the candidate for whom he desires to vote. He shall then fold the ballot-paper in such a way as to conceal the names of the candidates and any mark he may have made on the ballot-paper, but so as to expose the initials written on the back thereof by the Deputy Returning Officer or the poll clerk. He shall then leave the compartment without delay, and having exhibited the folded ballot-paper to the Deputy Returning Officer or poll clerk, so that the initials written on its back may be seen, he shall, without exposing the front of the ballot-paper to anyone, deposit it in the ballot-box provided for the purpose. 1953, c. 55, s. 76.

Oath to be administered 77. (1) Except where otherwise specifically provided herein, any if required. oath, affirmation, affidavit, statutory declaration that, under Parts I or II of this Act or any by-law authorized hereby, is required or authorized to be administered, sworn, affirmed, or declared may be administered by, sworn, affirmed, or declared before the Returning Officer, Deputy Re­ turning Officer, a poll clerk or any person appointed in writing by the City Clerk for that purpose. (2) A Deputy Returning Officer may, and shall if so requested by a candidate, or the agent of a candidate, require of any applicant claiming to be an elector, and before giving him a ballot-paper, that he take an oath in the following form, to be administered to him by the Deputy Returning Officer:— You swear [or solemnly affirm]:— (a) That you are the person referred to as No. in the list of electors being used in this election: That you have not, as an elector, voted before in this election at this or any other polling-place: (c) That you are a British subject of the full age of nineteen years: W) That you have not, directly or indirectly, received any reward or gift, nor do you expect to receive any, in respect of the vote for which you now apply. So help you God. Any applicant required to take such oath shall not, if he refuses to take it, be supplied with a ballot-paper. 1953, c. 55, s. 77; 1959, c. 107, s. 12; 1969, c. 45, s. 10; 1972, c. 67, s. 18; 1973, c. 93, s. 5. disabled voter. ^- ^ Deputy Returning Officer upon being satisfied that a voter is unable to read, or is incapacitated by physical disability, other than 26 1953 VANCOUVER CHARTER CHAP. 55

blindness, from marking bis ballot-paper as above prescribed, shall, in the presence only of the voter and the agents of the candidates, cause the ballot-paper to be marked in manner directed by the voter and deposited in the ballot-box. The Deputy Returning Officer shall cause a list to be kept of the names of all voters whose ballot-papers have been marked pursuant to this section with the reason for the same in each case. Notwithstanding anything contained in this Act, a Deputy Returning Officer may permit a voter who is incapacitated by a physical disability to mark his ballot-paper at a place immediately adjacent to the polling-place. 1953, c. 55, s. 78; 1978, c. 41, s. 10.

Blind voter. 79 A Deputy Returning Officer upon being satisfied that a voter is incapacitated by blindness from marking his ballot-paper shall deal with him in the same way as with an illiterate or otherwise incapacitated voter, or, at the request of such blind voter, if he is accompanied by some other person, shall permit that person to accompany the blind voter into a compartment and there mark the blind voter's ballot-paper for him. The Deputy Returning Officer shall cause a list to be kept of the names of all voters whose ballot-papers have been marked pursuant to this section. 1953, c. 55, s. 79.

79A. (1) A person who is a patient in a hospital who is unable to go to the polling-place or advanced poll for an election because he will still be a patient in a hospital may apply in writing to the Returning Of­ ficer to vote at the election in accordance with the provisions of this section. (2) An application to vote pursuant to this section shall be made at least 14 days, or such other period of time as Council may direct, before the day of the election. (3) Where the Returning Officer is satisfied that a person who has applied to vote pursuant to this section is entitled to receive a ballot- paper at the election is a patient in a hospital, and because of being a patient in a hospital will be unable to attend at a polling-place or ad­ vanced poll he shall, prior to the date of the election, send to such per­ son by mail or otherwise such ballot-papers as the person is entitled to mark, together with such declarations, affidavits, forms, envelopes, and other material as may be required to enable the person to vote in accord­ ance with procedure determined by Council pursuant to subsection (10). (4) The Returning Officer shall take due precautions to prevent a person receiving ballots pursuant to this section from voting at his poll­ ing-place or the advanced poll. (5) The Returning Officer shall keep a record in a separate poll-book of the names of the persons to whom he has sent ballots pursuant to this section. 27 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(6) A person voting pursuant to this section shall mark the ballot in accordance with the provisions of this Act. (7) A person voting pursuant to this section shall vote in accordance with the procedure determined by Council as provided in subsection (10) and shall deliver the ballot-papers to the Returning Officer not later than the close of polls on the day on which the polling takes place. (8) Upon receiving a ballot in manner and form provided by Council pursuant to subsection (10) the Returning Officer, if satisfied as to the identity of the person from whom it was received, that the person is qualified to vote and has complied with the procedure determined by Council, place the ballot in a ballot-box maintained by him for receiving ballots cast pursuant to this section; otherwise he shall destroy the ballot. (9) After the close of polling on polling-day a Deputy Returning Officer designated by the Returning Officer shall open the ballot-box maintained for receiving ballots pursuant to this section and count, tally, and deal with the ballots in accordance with the provisions relating to proceedings after the close of the poll. (10) The Council shall from time to time define the word "hospital" and determine the manner in which voting pursuant to this section shall occur and the form of the ballot. (11) The City Clerk shall, by advertisement or other means, give reasonable notice of the provisions of subsection (1). (12) The provisions of section 73A shall, mutatis mutandis, apply to voting procedures under this section. 1972, c. 67, s. 19; 1974, c. 104, s. 50.

Spoiled ballot. 80. A voter who has inadvertently dealt with a ballot-paper in such a way that it cannot be conveniently used may, on delivering it up to the Deputy Returning Officer and satisfying him that it was so dealt with, obtain another ballot-paper in place of the one so delivered up. The Deputy Returning Officer shall forthwith write the word " spoiled " upon the ballot-paper so delivered up, and shall retain it. 1953, c. 55, s. 80.

Personation. 81. The Returning Officer or Deputy Returning Officer shall, if he has reason to suspect that any person is personating or attempting or about to personate any elector or deceased elector, or if called upon so to do by any candidate or agent of any candidate, require such person to sign his name in a book to be kept for the purpose. Any person who, 28 1953 VANCOUVER CHARTER CHAP. 55

upon being so required, declines or refuses to sign his name, or make his mark if he cannot write, shall not be permitted to vote, and shall, on summary conviction, be liable to the penalties provided for persons guilty of corrupt practices. 1953, c. 55, s. 81. Personation not to prevent 82. If a person applies for a ballot-paper after another person has actual voter from voting. voted in the name of the applicant, he shall nevertheless be entitled to receive a ballot-paper and to vote if (a) he satisfies the Deputy Returning Officer that he is in fact the person whose name appears in the district roll for that polling district and in whose name another person has already voted; (b) he takes the oath set out in section 77 of this Act. 1953, c. 55, s. 82. 83. If the proceedings at any contested election are interrupted or obstructed by any riot or open violence at any polling-place, the Return­ ing Officer may, with due publicity, cause the proceedings at that polling-place to be adjourned until a later time, and, if necessary, may repeat such adjournment until such interruption or obstruction has ceased, when the Returning Officer shall continue the proceedings until the poll at that polling-place has been open for twelve hours in all. The Returning Officer shall postpone any declaration that a candidate is elected until he has taken into account the ballots marked during the adjourned proceedings. 1953, c. 55, s. 83; 1958, c. 72, s. 12.

Persons entitled to 84. During the time the poll is open, the Deputy Returning Officer be in polling- place. may regulate the number of persons to be admitted to the polling-place at any time, and no person shall be entitled to be present in a polling- place except the Returning Officer, the Deputy Returning Officer for that polling district, the poll clerks for that polling district, the candidates and their authorized agents, such constables as may be required, and such persons as are actually engaged in applying for ballot-papers and voting in accordance with this Act. 1953, c. 55, s. 84. «cioslpresent 85. Every person qualified to vote thereat who is at the polling-place may vote. at tne tmie fixe(j f0r dosing the poll shall be entitled to vote. 1953, c. 55, s. 85.

Loitering. gg JSTQ person snan on polling-day loiter or remain longer than necessary for the purpose of voting in the vicinity of a polling-place, and no person shall on polling-day distribute any circular or card or carry on any political activity whatsoever within a building containing a polling-place or within one hundred feet of any entrance to such building and used as an entrance for voters. 1953, c. 55, s. 86. Proceedings after the Close of the Poll tSeTo'te8 ^- *n everY polling-place the Deputy Returning Officer shall imme­ diately after the close of the poll, in the presence of the poll clerk and such of the candidates and their agents as may then be present, open the 29 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

ballot-boxes and proceed to count and tally the votes for each candidate. 1953, c. 55, s. 87; 1970, c. 54, s. 5. Invalid votes. 88. In counting the votes the Deputy Returning Officer shall reject as invalid any ballot-paper (a) which has not been supplied by the Returning Officer; (b) which, although given out and deposited in a ballot-box, is unmarked; (c) by which votes have been given for more candidates than are to be elected; (d) which, in the opinion of the Deputy Returning Officer, has been marked, torn, defaced, or otherwise dealt with for the purpose of providing a means of identifying the voter. 1953, c. 55, s. 88; 1970, c. 54, s. 6.

Deputy Returning 89. The Deputy Returning Officer, subject to review as in this Act Officer to decide. provided, shall decide whether or not any ballot-paper shall be rejected as invalid and any other question in respect of the counting. Any candi­ date, or his agent, may object to any decision of the Deputy Returning Officer, and thereupon the Deputy Returning Officer shall make a writ­ ten note of the objection and assign a number thereto, which number he shall, together with his initials, place on the back of the ballot-paper in respect of which the objection is made. 1953, c. 55, s. 89.

Ballot-papers to be 90. Thereupon the Deputy Returning Officer shall segregate all the segregated. ballot-papers supplied to him by the Returning Officer for use in the election of Mayor into the following classes, and shall put those in each class in a separate package or envelope:— (a) All the used ballot-papers which have not been objected to and have been counted as valid: (b) All the used ballot-papers which have been objected to and have been counted as valid: (c) All the rejected ballot-papers: (d) All the spoiled ballot-papers: (e) All the unused ballot-papers. The Deputy Returning Officer shall proceed in the same way with the ballot-papers supplied to him by the Returning Officer for use in the election for Alderman. 1953, c. 55, s. 90.

Packages of ballots to 91. The Deputy Returning Officer shall endorse each such package be sealed. or envelope so as to indicate the contents thereof, and shall seal the same, and any candidate, or his agent, may add his own seal to any such package or envelope. 1953, c. 55, s. 91.

Statement by Deputy 92. The Deputy Returning Officer shall make and sign a statement Returning Officer. in duplicate showing in respect of an election for Mayor (a) the number of ballot-papers supplied to him by the Returning 30 Officer; 1953 VANCOUVER CHARTER CHAP. 55

(b) the number of votes validly given for each candidate; (c) the number of rejected ballot-papers; (d) the number of spoiled ballot-papers; (e) the number of ballot-paper unused. The Deputy Returning Officer shall also make and sign a statement in duplicate to the same effect in respect of an election for Alderman. 1953, c. 55, s. 92. to°beputnts **3. In the case of an election for Mayor, the Deputy Returning in baiiot-box. officer shall place in the ballot-box used for such election one copy of the statement referred to in section 92, the packages or envelopes referred to in clauses (a), (b), (c), and (d) of section 90, the poll-book supplied by the Returning Officer, and all other documents required to be used in the election, save and except the tally sheets used to tally the votes. In the case of an election for Alderman, the Deputy Returning Officer shall place in the ballot-box used for such election one copy of the statement referred to in section 92, the packages or envelopes referred to in clauses (a), (b), (c), and (d) of section 90, the poll-book supplied by the Returning Officer, and all other documents required to be used in the election, save and except the tally sheets used to tally the votes. 1953, c. 55, s. 93; 1970, c. 54, s. 7. tockedaSd **4. The Deputy Returning Officer shall then lock and seal such sealed. ballot-boxes, and any candidate, or his agent, may add his seal if he so desires. 1953, c. 55, s. 94. contents to bo **5. The Deputy Returning Officer shall then, with all dispatch, per- Returaingto sonauy deliver the tally sheets used to tally the votes, a second copy of officer. the statements required by section 92, and the ballot-box so locked and sealed, to the Returning Officer, and shall be entitled to obtain a receipt therefor. 1953, c. 55, s. 95; 1970, c. 54, s. 8. officeMo8 *^*- (1) Upon receiving all the said statements from the several Son ofdedara" Deputy Returning Officers, the Returning Officer shall, in the presence election. 0f sucn 0f the candidates and their agents as may be present, add together the number of votes validly given for each candidate for the office of Mayor as they appear from such statements and the number of votes validly given for each candidate at the advanced poll. Unless subsection (2) is applicable, the Returning Officer shall, within forty-eight hours of adding together the votes, publicly declare the candidate who has received the largest number of votes to be elected as Mayor. The Returning Officer shall also add together the number of votes validly given for each candidate for the office of Alderman as they appear from such statements and the number of votes validly given for each candidate at the advanced poll. Unless subsection (2) is applicable, the Returning Officer shall, 31 .55 VANCOUVER CHARTER 1-2 ELIZ. 2

within forty-eight hours of adding together the votes, pubhcly declare the candidates who have been given the largest number of such votes to be elected to fill the vacancies for which the election has been held. (2) If, on adding up the votes cast in either the election for the office of Mayor or the election for the office of Alderman, it appears that the difference between the number of votes received by the apparently suc­ cessful candidate receiving the lowest number of votes and the candidate who received the next lowest number of votes is not more than two hun­ dred and fifty, the Returning Officer shall appoint a day not more than fourteen days after the close of the poll upon which he will examine the tally sheets and statements of votes cast with respect to all those candi­ dates who have received a number of votes being within two hundred and fifty votes of the number of votes received by the apparently successful candidate receiving the least number of votes. The Returning Officer shall mail or deliver to the last known address of each such candidate notice that he will, on the day appointed, commence to conduct an examination of the tally sheets and statements of votes cast and such other examination as may be required pursuant to subsection (3). (3) Upon the day so appointed, the Returning Officer shall commence to examine the tally sheets and statements of votes cast and if, as a result of such examination, it appears from the tally sheets or statements of votes cast that errors have been made, the Returning Officer shall make such corrections as may be required to correct the statements of votes cast. If the foregoing examination shows that the total of the votes cast at any poll exceeds the sum produced by multiplying the number of accepted ballots by the number of offices to be filled, the Returning Officer shall make such further examination of the records of such poll, including a count of the ballots, as he may consider necessary to correct the statements of votes cast and shall make the required corrections. Upon making all corrections required to the statements of votes cast, the Returning Officer shall add up the votes properly allowable to each of the candidates affected by the examination and shall then publicly declare the result of the election. 1953, c. 55, s. 96; 1970, c. 54, s. 9.

Procedure in 97. if after adding the votes in accordance with subsection (1) of CSS6 01 llC< section 96, and in the event that subsection (2) of section 96 is applic­ able, then after adding the votes in accordance with subsection (3) of section 96 the Returning Officer finds that an equality of votes exists, the Returning Officer shall determine by lot which of the candidates whose votes are equal shall be elected and shall publicly declare the candidate so determined to be elected. 1953, c. 55, s. 97; 1970, c. 54, s. 10. hi^e cu'tody ®^- The ballot-boxes, locked and sealed as above provided, together of boxes. with those used for the advanced poll, if any, shall be placed in the custody of the City Clerk, and, subject to the order of a Judge, shall be retained intact by him at the City Hall until the expiration of thirty days from polling-day, after which the City Clerk shall cause them to be 32 1953 VANCOUVER CHARTER CHAP. 55

opened and their contents destroyed in the presence of two witnesses, from whom the City Clerk shall obtain a certificate of the fact of such destruction in their presence. 1953, c. 55, s. 98; 1955, c. 114, s. 4. Recount Order for 99. If, within ten days after the declaration made by the Returning recount. Officer of the result of any contested election, any elector applies to a Judge upon affidavit alleging (a) that the votes have been improperly counted; or (b) that any votes have been disallowed which ought to have been counted as valid; or (c) that any votes have been counted as valid which ought to have been rejected; or (d) that any incorrect statement as to the number of votes given for any candidate has been used in arriving at the result; or (e) that any error in adding up the votes to arrive at the result has taken place, the Judge may make an order appointing a time and place at which the votes shall be recounted. 1953, c. 55, s. 99.

Security for costs. 100. Before the recount is proceeded with, the applicant shall furnish such security for the costs of the recount, not to exceed five hundred dollars, as the Judge by his order shall fix. 1953, c. 55, s. 100.

Notice to be given. 101. The applicant shall cause written notice of such appointment, either by personal service or otherwise, as the Judge directs, to be given to each candidate for such office at the election and to the Returning Officer at least two days before the day appointed for the recount. 1953, c. 55, s. 101.

Who to be present. 102. The Judge shall decide what persons other than the Returning Officer and the candidates may be present while the recount is taking place. 1953, c. 55, s. 102. sh^einbegtaUnt 103. Unless the Judge for special cause otherwise orders, the recount shall begin within one week after the day upon which the order for a recount is made, and shall proceed with as few adjournments as possible. 1953, c. 55, s. 103. o?documents. 104. The Judge may give such direction as he thinks necessary for the safe-keeping of the ballot-papers and other documents relating to the election. 1953, c. 55, s. 104.

Procedure at recount. 105. The City Clerk shall produce before the Judge the locked and sealed ballot-boxes used at the election in respect of which the recount is ordered. The Judge shall cause the ballot-boxes to be opened, and shall proceed to open and examine the various packages and envelopes 33 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

therein. He shall recount all the ballot-papers delivered to the Return­ ing Officer by the various Deputy Returning Officers, together with those used at the advanced poll, if any, or so many of such ballot-papers as may be necessary to make the certificate referred to in section 108. 1953, c. 55, s. 105.

Secrecy of vote to be 106. During the recount, care shall be taken that the name of the maintained. candidate for whom any particular voter has marked his ballot-paper shall not be disclosed. 1953, c. 55, s. 106.

What votes to be counted. 107. The Judge shall, in recounting the votes, be guided by the provisions of section 88 to be followed by the Deputy Returning Officer. He may, if he thinks fit, hear such evidence as he may think necessary to determine any question of fact arising during the recount. 1953, c. 55, s. 107. judge one °f 108. Upon the completion of the recount, the Judge shall cause all recount. the ballot-papers and other documents produced before him to be returned to the City Clerk, together with his certificate as to the result of the recount. If such result differs from that declared by the Returning Officer, the certificate of the Judge shall be deemed to have been sub­ stituted for such declaration. The Judge shall not certify that another candidate is elected unless such candidate is given more votes than the candidate declared by the Returning Officer to have been elected. 1953, c. 55, s. 108. Costs. 109. The costs of and incidental to the recount shall be in the dis­ cretion of the Judge, who may order by whom, and to whom, and in what manner they shall be paid. He may fix the amount or direct them to be taxed by the District Registrar of the Supreme Court. Such costs shall be recoverable in the same manner as a judgment of the Supreme Court. 1953, c. 55, s. 109.

Disposition of security. 110. The Judge shall make such disposition of the security for costs furnished under section 100 as may be just. 1953, c. 55, s. 110. Proceedings to Unseat Power of Judge to 111. The validity of the election of a Mayor or of an Alderman, or determine status of his right to hold his seat as such Mayor or Alderman, may, in accordance members of Council. with the following provisions, be tried and determined by a Judge, whose decision shall be final. 1953, c. 55, s. 111. Petition. 112. Any candidate at the election, or any five duly qualified electors, may present a petition verified by affidavit to the Judge, praying (a) that the election of a Mayor, or of an Alderman, may be declared invalid because it was not conducted according to law, or because the person declared to be elected was not duly elected; or (b) that a Mayor or an Alderman may be declared to have for­ feited his seat or become disqualified since his election. 1953, 34 c. 55, s. 112. 1953 VANCOUVER CHARTER CHAP. 55 petition' 113. Every petition to have an election declared invalid shall be filed within ten days from the date upon which such Mayor or Alderman was finally declared to be elected, and every petition to have a Mayor or an Alderman declared to have forfeited his seat, or to have become disqualified, shall be filed within twenty-one days after the alleged ground of forfeiture or disqualification came to the attention of the petitioners. 1953, c. 55, s. 113. S'proceed6 is H4. If the Judge is satisfied upon the facts alleged in the petition and verified as aforesaid that there is reasonable ground for supposing that the declaration prayed for should be made, he may require the petitioners to furnish adequate security for the costs of the Mayor or Alderman petitioned against, and, such security having been furnished, the Judge shall hear and determine the matters raised in the petition in a summary manner without formal pleadings. 1953, c. 55, s. 114.

Powers of Judge. 115. The Judge shall, subject to this Act, have the same powers, jurisdiction, and authority with respect to the hearing of the petition and the proceedings thereon as if it were an ordinary matter within his jurisdiction. 1953, c. 55, s. 115. toHSg'iven 116. The Judge may in his discretion give directions, as the need arises, for (a) fixing the amount required as security for costs and the method of furnishing it; (b) fixing the times and places for the hearing of the petition; (c) designating the method of taking evidence, either by affidavit or oral testimony or both; provided that any allegations of bribery or corrupt practices shall be proved by oral testimony; (d) designating what persons are to be notified of the hearing and how they may be served, whether personally or substi- tutionally; (e) dealing with any matter or thing not otherwise provided for. 1953, c. 55, s. 116.

Witnesses. 117. Any witness shall be bound to attend before the Judge upon being served with an order of the Judge, directing his attendance, in the same manner as if he had been directed by a writ of subpoena in an ordinary cause to attend, and he may be punished for contempt, and shall be liable to all the penalties for non-attendance as if he had been served with a subpoena in an ordinary cause to attend. No witness shall be required to divulge for whom he voted at the election. 1953, c. 55, s. 117.

All questions to be 118. No person shall be excused from answering any question put to answered. him touching or concerning any election, or the conduct of any person thereat or in relation thereto, on the ground of any privilege, or on the ground that the answer to such question will tend to incriminate such 35 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

person; but no such answers given by any person claiming to be excused on the ground of privilege, or on the ground that such answer will subject him to any penalty, shall be used in any proceeding under this Act against any such person if such Judge gives to such witness a cer­ tificate that he claimed the right to be excused on either of the grounds aforesaid, and made full and true answer to the satisfaction of the said Judge. 1953, c. 55, s. 118.

Section*"' 119- K the petition is for a declaration that the election is invalid, invalid. the Judge may make a declaration (a) confirming the election; or (b) adjudging the election invalid; or (c) adjudging that the election of any person be set aside; and (d) adjudging that some other person was duly electted; or (e) adjudging that no other person was duly elected. 1953, c. 55, s. 119.

Order where forfeiture or 120. If the petition is for a declaration that a Mayor or Alderman disqualifi­ cation. has forfeited his seat, or become disqualified since his election, the Judge may make a declaration (a) confirming the Mayor or Alderman in his seat; (fc) forfeiting his seat; (c) disqualifying him. 1953, c. 55, s. 120.

Technical irregularities 121. No election of a Mayor or Alderman shall be declared invalid not to invalidate. by reason only of any irregularity or non-compliance with a provision of this Act if it appears to the Judge that the election was conducted in good faith and in accordance with the principles laid down by this Act, and that such irregularity or non-compliance did not materially affect the result of the election. 1953, c. 55, s. 121. wheredeUiection 122. If the election is adjudged invalid, the Judge shall order that held invalid. anv person found not to have been duly elected shall be removed from office, and if it is adjudged that some other person was duly elected, the Judge shall order that such person be admitted forthwith to the office. 1953, c. 55, s. 122.

Costs. 123. The costs of and incidental to any petition shall be in the discretion of the Judge, who may order by whom, and to whom, and in what manner they shall be paid. He may fix the amount or direct them to be taxed by the District Registrar of the Supreme Court. Such costs shall be recoverable in the same manner as a judgment of the Supreme Court. 1953, c. 55, s. 123.

Disposition of security. 124. The Judge shall make such disposition of the security for costs furnished under section 116 as may be just. 1953, c. 55, s. 124. 36 1953 VANCOUVER CHARTER CHAP. 55

Penalty. 125. If the Judge makes a declaration adjudging that the election of any person as Mayor or Alderman be set aside, or that he has forfeited his seat or become disqualified since his election, or if a person appeals unsuccessfully under section 127 of this Act, the Judge may order such person to pay to the city such sum, not exceeding three thousand dollars, as the Judge thinks fit. 1953, c. 55, s. 125.

Disclaimer. 126. The filing of a disclaimer under section 127 of this Act may take place notwithstanding the filing of a petition under section 112, and in such case the Judge may permit the petition to be withdrawn, except where it contains allegations of bribery or corrupt practices on the part of the person filing such disclaimer. 1953, c. 55, s. 126.

Mayor or Alderman 127. Where it is alleged that a person duly declared to be elected unseated to continue as Mayor or Alderman pending certain events. (a) was not validly elected; or (b) since his election has forfeited his seat or has become dis­ qualified, his seat shall nevertheless not be vacated, and he shall not be prevented from voting or acting as Mayor or Alderman, as the case may be, unless and until Declaration by Judge. (c) a declaration has been made by a Judge that such person was not validly elected, or that, since his election, he has forfeited his seat or has become disqualified; or Receipt of disclaimer. (d) such person files a written disclaimer with the City Clerk renouncing all claims to the seat; or Resolution by Council. (e) a resolution has been passed by the Council declaring his seat vacant for some default under this Act causing such vacancy; provided, however, that such person may within five days after the passing of such resolution appeal to a Judge, who, after making such inquiry as he deems necessary and hearing the parties, shall either confirm the resolution or set it aside. The proceedings in any such appeal shall, so far as practicable, be those applicable to a petition under section 112, and the Judge shall have the like powers as to security for costs, as to com­ pelling the attendance of witnesses, and as to costs; and pro­ vided further that the person so appealing shall not be entitled to vote or act as Mayor or as Alderman pending the determina­ tion of the appeal. In the event of such an appeal, the ap­ pellant's seat shall not be deemed to be vacated unless and until the resolution is confirmed by the Judge. 1953, c. 55, s. 127.

When new election to 128. (1) In case a person duly declared to be elected as a member of be had. the Council dies before being sworn in, or neglects or refuses to be sworn in within eight weeks after his election, or in case a member of the Council after being sworn in 37 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(a) dies; (b) files a disclaimer under section 127; (c) deposits a notice of his resignation pursuant to section 140; (d) has been declared by a Judge not to have been validly elected, with no adjudication that some other person was elected; (e) has been declared by a Judge to have forfeited his seat or to have become disqualified as a member of the Council since his election; (/) has been convicted of any corrupt practice, undue influence, or treating under this Part of this Act; or (g) has his seat declared vacant by resolution of Council, or he having appealed therefrom, such resolution is confirmed by the Judge, his seat shall be deemed to be vacated. (2) If a vacancy occurs, Council shall, by resolution, direct the Returning Officer who held the last election under this Act (or some other person named in the resolution) to call for nominations and, as Return­ ing Officer, to hold an election to replace such member; provided, how­ ever, that if the vacancy occurs less than six months prior to nomination- day as determined under section 40, Council shall not be required to direct the Returning Officer to call for such nominations, or to hold an election. (3) In the event that the nomination is for the office of Mayor, no Alderman may file a nomination-paper for that office unless notice of his resignation has been filed with the City Clerk at least twenty-one days prior to the day fixed for nominations, and such resignation shall take effect upon the declaration of the election of the candidate for the office of Mayor or upon such earlier date as may be specified in the notice, and in the event notice of such resignation is given, the election to fill the vacancy thus created shall be held at the same time as the election for the office of Mayor. 1953, c. 55, s. 128; 1957, c. 85, s. 4; 1963, c. 60, s. 2; 1965, c. 68, s. 17; 1967, c. 63, s. 3; 1974, c. 104, s. 29.

Nomination- 129. The person directed to call for nominations under section 128 shall appoint a day as nomination-day (being not more than thirty days after he receives the direction referred to in the said section), and the provisions of this Act with respect to nominations, contested elections, recount, and proceedings to unseat shall, mutatis mutandis, apply. 1953, c.55,s. 129; 1967, c. 63, s. 4.

New member 130. Where a new election is held to replace a member of the serves out r term. Council, the Mayor or Alderman elected thereat shall remain in office for the balance of the term of the member so replaced. 1953, c. 55, s. 130. 38 1953 VANCOUVER CHARTER CHAP. 55

Corrupt Practices, Undue Influence, and Treating at Elections practices 131. The following persons shall be deemed guilty of corrupt practices:— (a) Every person who, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers or promises any money or valuable considera­ tion, or gives or procures, or agrees to give or procure, or offers or promises any office, place, or employment to or for any elector, or to or for any person on behalf of any elector, or to or for any person in order to induce any elector to vote or refrain from voting at an election or upon any by-law for raising any money or creating a debt upon the city or for any purpose whatsoever, or who corruptly does any act as aforesaid on account of such elector having voted or refrained from voting at any such election or upon any such by-law: (b) Every person who directly, by himself or by any other person on his behalf, makes any gift, loan, or offer, promise, or agree­ ment as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person as a member of the Council, or to procure or prevent the passing of any such by-law as aforesaid, or the vote of any elector at any election or for or against such by-law: (c) Every person who, by reason of any such gift, loan, offer, promise, or agreement, procures or engages, promises, or en­ deavours to procure the return of any person in any election, or to procure or prevent the passing of any such by-law as aforesaid, or the vote of any elector at any election or for or against such by-law: (d) Every person who advances or pays, or causes to be paid, any money to or for the use of any other person, with the intention that such money or any part thereof shall be expended in bribery at any election as aforesaid, or who knowingly pays, or causes to be paid, any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election, or at the voting upon any such by-law: (e) Every elector who, before or during any election, or the voting on any such by-law, directly or indirectly, by himself or any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for himself or any person for voting or agree­ ing to vote, or refraining or agreeing to refrain from any voting, at any such election or upon any such by-law: (/) Every person who, after any such election or the voting upon any such by-law, directly or indirectly, by himself or any other person on his behalf, receives any money or valuable con­ sideration on account of any person having voted or refrained from voting at any such election or upon any such by-law: 39 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(g) Every person who, during the voting at an election or upon any by-law, knowingly personates or falsely assumes to vote in the name of another person whose name appears on the list of electors, whether such person be then living or dead, or if the name of such other person be that of a fictitious person; every person who, having already voted at an election or upon a by-law, presents himself again to vote in the same capacity at the same election or upon the same by-law; and every per­ son who aids, incites, counsels, or facilitates the commission, by any person whomsoever, of any of the foregoing acts in this clause mentioned. 1953, c. 55, s. 131. influence 132. Every person who, directly or indirecdy, by himself or by any other person on his behalf, makes use of any force, violence, or restraint, or inflicts or threatens to inflict, or threatens the infliction, by himself or by or through any other person, of any injury, damage, or loss, or in any manner practises intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting at an election or at the voting upon any by-law, or on account of such person having voted or refrained from voting thereat, or who in any way pre­ vents or otherwise interferes with the free exercise of the franchise of any elector, shall be deemed to be guilty of undue influence and be subject to the penalty hereinafter mentioned. 1953, c. 55, s. 132. Treating. 133. Every person who corruptly, by himself or by or with any person, or by any other ways or means on his behalf, at any time either before or during any election or the voting upon any by-law, directly or indirectly gives or provides, or causes to be given or provided, or is accessory to the giving or providing, or pays wholly or in part any expenses incurred for any meat, drink, refreshment, or provisions to or for any person in order to be elected, or for being elected, or procuring the election of any person, or the passage of any such by-law, or for the purpose of corruptly influencing such person or any other person to give, or refrain from giving, his vote at such election or upon such by-law, shall be deemed guilty of treating, and shall be subject to the penalty hereinafter mentioned. 1953, c. 55, s. 133. Penalties. 134. Any person who is convicted of any corrupt practice, undue influence, or treating shall, in addition to any other penalty or punish­ ment to which he may by any law or Statute be made subject, be liable, on summary conviction therefor before a Police Magistrate, to a penalty not exceeding five hundred dollars for each offence, exclusive of costs; and in default of payment forthwith it shall be lawful for the Police Magistrate convicting to commit the offender to the common gaol for a period not exceeding six months, with or without hard labour, for each offence, unless the said penalty and costs be sooner paid; and such person shall be incapacitated from being a candidate at any election for two years thereafter. 1953, c. 55, s. 134.

40 1953 VANCOUVER CHARTER CHAP. 55

Forfeiture of seat. 135. Any candidate elected at any contested election convicted of any corrupt practice, undue influence, or treating as hereinbefore pro­ vided shall, in addition to the penalties hereinbefore set forth, forfeit his seat, and shall be ineligible as a candidate at any municipal election for two years thereafter. 1953, c. 55, s. 135.

Permitted expenses. 136. The actual personal expenses of any candidate, his reasonable expenses for actual professional services performed, and bona fide pay­ ments for the fair costs of printing, advertising, broadcasting, and other reasonable expenses in connection with the election incurred in good faith and without any corrupt intent shall be held to be expenses lawfully incurred, and payment thereof shall not be a contravention of this Act. 1953, c. 55, s. 136. 136A. Notwithstanding any provisions of this Part, the Council may make provision for and adopt such procedures as are necessary for bal­ loting and voting for candidates, by-laws, questions, or referendums by the use of voting-machines, provided that secrecy of voting is maintained. 1973, c. 96, s. 6.

Use of "nick­ names" on 136B. For the purposes of this Part, the Returning Officer may, in ballots. his discretion, and subject to satisfactory evidence thereof, accept as a given name the name by which a candidate is commonly known. 1978, c. 41, s. 11.

PART in

THE COUNCIL AND ITS GENERAL POWERS exerdsaWe" 137. (1) Except as otherwise provided, the powers of the city shall generaify" ^e exercisable by the Council. Without limiting the generality of the foregoing, and subject to any express limitation in this Act, the City has full power to engage in any commercial, industrial, or business under­ taking. (2) The Council shall be composed of a Mayor and ten Aldermen who shall be elected at large in elections held in even-numbered years commencing with the year 1966. (3) The number of Aldermen may be increased from ten to twelve by by-law, but no such by-law shall be passed until the question has been submitted to the electors in the form of a plebiscite. The resolution authorizing such plebiscite shall require a two-thirds majority. (4) Subject to the provisions of section 128, and notwithstanding the provisions of section 139, every Alderman whose term of office com­ mences in January, 1966, shall hold office until noon on the first Wednesday in January, 1967, and thereafter until a quorum of the Council is sworn in. 1953, c. 55, s. 137; 1957, c. 85, s. 5; 1965, c. 68, s. 18; 1974, c. 104, s. 30. 41 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Mayor's term of office. 138. The term of office of the Mayor shall be from noon of the first Wednesday after the first day of January following his election, or from the time of his swearing-in, whichever is the later, until noon of the first Wednesday after the first day of January two years later, and thereafter until his successor is sworn in. 1953, c. 55, s. 138; 1965, c. 68, s. 19. Aldermen's term of 139. The term of office of an Alderman shall be from noon of the office. first Wednesday after the first day of January following his election, or from the time of his swearing-in, whichever is the later, until noon of the first Wednesday after the first day of January two years later, and there­ after until a quorum of the Council is sworn in. 1953, c. 55, s. 139; 1965, c. 68, s. 20. Resignation, how effected. 140. Except where the effect of such resignation would be to reduce the number of members of the Council below its quorum, a member of the Council may resign his seat by depositing with the City Clerk a written notice of resignation. Such resignation shall take effect when his successor is sworn in, or at such earlier date, if any, as may be specified in the notice. 1953, c. 55, s. 140. 141. [Repealed. 1965, c. 68, s. 21.] First meeting of Council. 142. The first meeting of the Council in each odd-numbered year shall be held on the first Wednesday after the first day of January. 1953, c. 55, s. 142; 1965, c. 68, s. 22; 1974, c. 104, s. 47. Oath to be taken. 143. No member of the Council shall take part in any of its business until he has been duly sworn in by subscribing and taking the following oath:— I, A. B., Mayor [or Alderman] -elect for the City of Vancouver, make oath and say that I am a British subject possessing the qualifications by law required, and that I am not in any way disqualified from holding the office of Mayor [or Alderman] for the City of Vancouver, and I have not, nor will I have, while holding office, any interest, directly or indirectly, in any contract or services connected with the said city except as provided in the Vancouver Charter. I have not by myself, or any other person, knowingly employed any bribery, corruption, or intimidation to gain my election, and I will faithfully perform the duties of my office, and will not allow any private interest to influence my conduct in public matters. Sworn before me at the City of Vancouver," in the Province of British Columbia, this day of , 19 .

1953, c. 55, s. 143; 1959, c. 107, s. 13. How sworn. 144. The Mayor may be sworn in by the City Clerk or a Justice of the Peace, and an Alderman may be sworn in by the Mayor or, in his absence, by the City Clerk or a Justice of the Peace. 1953, c. 55, s. 144. Oaths to be filed. 145. The oaths so subscribed and taken shall be retained by the City Clerk and filed in his office. 1953, c. 55, s. 145. A quorum sufficient. 146. The acts done by a quorum of the Council or other adminis­ trative body shall not be held to be invalid by reason of the fact that 42 1953 VANCOUVER CHARTER CHAP. 55

the Council or administrative body is not at the time composed of the required number of members. 1953, c. 55, s. 146. Continuing bodies. 147. The Council and other administrative bodies shall be deemed and considered to continue in existence notwithstanding any change in their membership, and proceedings begun by one Council or adminis­ trative body may be continued and completed by a succeeding Council or administrative body. 1953, c. 55, s. 147. Unreasonable­ ness no bar. 148. A by-law or resolution duly passed by the Council in the exercise of its powers, and in good faith, shall not be open to question in any Court, or be quashed, set aside, or declared invalid, either wholly or partly, on account of the unreasonableness or supposed unreasonable­ ness of its provisions or any of them. 1953, c. 55, s. 148. Time within which acts 149. Any by-law and any resolution passed by the Council in maybe questioned. pursuance of its powers shall be absolutely valid and binding upon all parties concerned, and shall not be questioned in any Court unless within one month after its final passing (a) a notice of application to quash the by-law or resolution under Part XXV of this Act has been served upon the city; or (b) an action has been commenced in a Court of competent jurisdiction to set the by-law or resolution aside. 1953, c. 55, s. 149. Good faith test of sales. 150. The determination of the Council as to the time when, the manner in which, the terms on which, the price for which, or the per­ son to whom, any property of the city which the Council may lawfully sell shall be sold shall not be open to question or review by any Court if the purchaser is a person who may lawfully buy and the Council acted in good faith. 1953, c. 55, s. 150. Mode of exercise of 151. Any of the powers of the Council may be exercised by by-law. powers. They may likewise be exercised by resolution in any case where a by-law is not specifically required, but (a) a by-law shall not be subject to amendment by a resolution; and (b) where the Council in the exercise of a power directs that a thing should or should not be done, and a fine or penalty is inflicted for failure to comply, the power shall be exercised by by-law. 1953, c. 55, s. 151. Devises or bequests, how 152. The City may receive and accept any real or personal property dealt with. devised or bequeathed to it or given by transfer or grant, subject to the trusts, if any, upon which the same is devised, bequeathed, or given. 1953, c. 55, s. 152; 1968, c. 71, s. 12. Exceptional grants only 153. Except as otherwise provided by this or some other Act, the upon assent of electors. Council shall not have the power to grant to any person any special rights, franchise, privilege, immunity, or exception beyond such as all others in the like case are entitled to, unless the granting of the same 43 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

has been authorized by a by-law requiring the assent of the electors. 1953, c. 55, s. 152.

Franchise for telegraph, 153A. The Council may, by agreement, grant to any person a fran­ steam-heat, or hot-water chise for a term not exceeding thirty years for the supply of telegraph, service. steam-heat, or hot-water service and may in such agreement prescribe how and where mains, pipes, conduits, poles, and wires shall be installed and, without restricting the generality of the foregoing, may prescribe the other terms, conditions, and restrictions, including payments to the city, for and in connection with such franchise. 1966, c. 69, s. 24.

Power ot Provincial 154. If at any time, due to unforeseen events of unusual and pressing Government to confer gravity, the Council, by a vote of not less than two-thirds of the members added powers in emergency. thereof, passes a resolution declaring that a state of emergency exists in the city, and that the powers then enjoyed by the Council are insufficient to cope with such emergency, the Lieutenant-Governor in Council may by Order confer on the Council such additional powers with respect to the management and disposal of the property and assets of the city as he thinks necessary for the period of such emergency, and thereupon the Council shall have and may exercise the powers so conferred. 1953, c. 55, s. 154.

Settlement of claims. 155. In respect of matters within its jurisdiction, the Council shall have power in its discretion to settle and compromise any claim, action, or proceeding made or taken by or against the city. 1953, c. 55, s. 155. wijnessesmay 156. The Council, or any committee of members of the Council, to attend. snan nave power, under the hand of the Mayor, to summon witnesses for examination on oath in any and all matters within its jurisdiction, and the Mayor shall have the same power to enforce the attendance of such witnesses and compel them to give evidence as is vested in any Court of law in civil cases. The Mayor or chairman of the committee shall administer the oath to any witness, and such witness may be exam­ ined, cross-examined, and re-examined acording to the practice of the Supreme Court in civil cases. 1953, c. 55, s. 156.

SdgmentsLay 157. Where the Council deems it advisable, the city may institute besought. an action or proceeding merely for a declaratory judgment or order in any Court of competent jurisdiction (a) to ascertain the right of the city, or any person as against the city, in any matter or thing pertaining to any property, real or personal, or in respect to any moneys, claim, or demand whatsoever; (b) to test the liability to taxation of any person or property; (c) to ascertain the liability for or right to damages in any cause or matter; and the Court may make binding declarations of right whether any consequential relief is sought or not, or is or could be claimed or not; 44 1953 VANCOUVER CHARTER CHAP. 55

and the Court shall have jurisdiction to hear and entertain such action or proceeding, and such action or proceeding shall not be open to objection merely because such declaratory judgment or order alone is sought thereby. 1953, c. 55, s. 157.

Recovery of costs in 158. Notwithstanding that the city employs counsel or solicitors certain cases. whose remuneration is wholly or partially payable by salary or retainer, the city shall have the right to recover and collect lawful costs in all actions, suits, arbitrations, and proceedings, in the same manner as if the counsel or solicitors were not so remunerated, whether such costs are by the terms of their employment payable to such counsel or solicitors as part of their remuneration in addition to their salary or retainer, or not. 1953, c. 55, s. 158; 1961, c. 76, s. 2.

Council may setup 159. The Council may provide for such committees as it sees fit, committees. and may refer any matter to a committee for report. 1953, c. 55, s. 159.

Their discharge. 160. All committees of the Council shall stand discharged at noon on the first Wednesday after the first day of January of each year, but may be reappointed if the Council thereafter so directs. 1953, c. 55, s. 160. oiepowersn 161. By a vote of not less than two-thirds of its members, the Council may delegate, with or without restrictions or conditions, to any commit­ tee comprised (a) of members of the Council; or (b) of employees of the city; or (c) of members of the Council and employees of the city, any of the executive or administrative powers exercisable by the Council. 1953, c. 55, s. 161. idem. 161A. Any regulatory by-law may provide for regulation by the use of permits and may fix a fee therefor, and any official authorized by by-law to issue a permit may delegate that authority to any person under his control. 1955, c. 114, s. 5; 1964, c. 72, s. 2. revSfon'etc. 161B. The Council may, by by-law, provide for the suspension, of permits. revocation, cancellation, or forfeiture, for cause, of any permit which may be granted in the exercise of its powers. 1963, c. 60, s. 3.

Council's power to set 163. The Council up depart­ ments, etc. (a) may establish and equip such departments and offices as it may from time to time deem expedient in the exercise of its powers, and may assign such functions and duties to the persons employed in such departments and offices as the Council may from time to time decide; To appoint employees. (fe) may provide for the appointment, suspension, and removal of such employees as may be considered necessary, and may fix their remuneration and hours of work, and shall require that 45 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

their appointment, promotion, and change of status be based on merit and fitness. 1953, c. 55, s. 162; 1955, c. 114, s. 6; 1957, c. 85, s. 6. To appoint a Board of 162A. The Council may by by-law provide for the appointment of Administra­ tion. a Board of Administration and may delegate to such Board any of the executive or administrative powers exercisable by the Council or any of the functions or duties by this Act specifically assigned to any officer or employee. The Council may by such by-law make provisions with respect to (a) the persons who shall constitute the Board; (b) the remuneration that shall be payable to the members of the Board. If the membership of the Board includes mem­ bers of Council, the remuneration payable shall be in addi­ tion to the remuneration received as a member of Council and shall not disqualify such member from continuing to hold office as a member of Council; (c) the matters coming within the jurisdiction of the Board; (d) the procedure to be followed by the Board; (e) such other matters as Council may deem fit. 1957, c. 85, s. 7. Termination on one 163. The engagement of every employee of the city engaged on a month's notice. monthly or longer basis shall be subject to termination upon one month's notice in writing, but any employee may be dismissed without notice for good cause. 1953, c. 55, s. 163. Provision for bonding. 164. So many of such employees as the Council may from time to time designate shall be bonded, for such obligation, in such amount, and with such surety as the Council directs. The premiums on such bonds shall be paid by the city. 1953, c. 55, s. 164. 165. The Council may by by-law provide for By-laws covering (a) the procedure to be followed at meetings of the Council and procedure. its committees, including the conduct of their members at such meetings; Quorum. (b) the fixing of a quorum for the meetings of the Council and its committees; provided that the quorum for Council meetings shall not be less than a majority of the members of the Council', Notice of meetings. (c) the means and length of notice of such meetings to be given to their members; Minutes. (d) the minutes or other records of the business transacted by the Council and its committees; Delegation of powers. (e) the delegation to a head of a department of such powers of employing, suspending, or dismissing an employee in that department as the Council sees fit; Other regulations. (/) such other regulations not inconsistent with this Act as may be considered expedient in furtherance of the business of the 46 Council, or any committee thereof; 1953 VANCOUVER CHARTER CHAP. 55

Destruction of documents. (g) the destruction of receipts, warrants, vouchers, instruments, certificates, cancelled debentures and coupons, documents, records, and papers, and the conditions under which they may be destroyed. 1955, c. 55, s. 165; 1966, c. 69, ss. 7, 8.

Special vote to. 166. The votes of not less than two-thirds of the members present shall be necessary to Supersede ruling of (a) supersede a ruling of the presiding officer at a meeting of the Chair. Council; Rescind current (b) rescind a resolution passed by the Council in the then current resolution. calendar year. 1955, c. 55, s. 166.

How by-law to be 167. Upon the final passing of a by-law, the City Clerk shall sign completed. the same, the Mayor, or other member of the Council presiding at the time the by-law was finally passed, shall affix his signature, and there­ upon the City Clerk shall affix the common seal of the city thereto. 1955, c. 55, s. 167.

Inspection by public 168. A bona fide request for the inspection of any record or docu­ of records. ment of the city, subject to reasonable regulations as to the time and manner of such inspection, or for a copy thereof, shall be complied with, unless for good cause the Director of Finance otherwise directs. For furnishing copies, the city may make the same charge as is made by the official stenographer to the Supreme Court for the like service. 1953, c. 55, s. 168; 1965, c. 104, s. 29.

Execution of contracts. 169. Save as otherwise provided in this Act, instruments to which the common seal is required to be affixed shall be signed by the persons designated for the purpose by the Council, or, if no such designation is made, shall be signed by the Mayor and the City Clerk. 1953, c. 55, s. 169; 1970, c. 54, s. 11.

Signing of cheques. 170. Cheques shall be signed by such persons, or otherwise authen­ ticated in such manner, as the Council shall determine. 1953, c. 55, s. 170. Brovaabieby 171. Any printed document purporting to be a by-law of the city, production. or a COpy thereof, and to be printed by authority of the Council shall be admitted as prima facie evidence of such by-law in all Courts of the Province. 1953, c. 55, s. 171.

Taxes, etc., are a debt 172. Real property and other taxes, water rates, licence and other due the city. fees, and all costs, charges, and expenses imposed by or pursuant to this Act and payable by any person to the city shall, without prejudice to any other remedy, be a debt due to the city recoverable by action in any Court of competent jurisdiction. 1953, c. 55, s. 172. 173. [Repealed. 1962, c. 82, s. 5.]

Fair-wage clause. 174. Whenever the Council gives a contract to any person for the doing of any work which the city itself might do, it shall be stipulated 47 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2 in the contract that such person shall pay or cause to be paid to every person employed on such work not less than the wages or remuneration generally accepted as current at the time. 1953, c. 55, s. 174. tion label may be 175. (1) It shall be lawful for the Council in awarding any contract required. to stipulate that all or any part of the materials supplied thereunder shall bear the union label. Special provision in (2) It shall be lawful for the Council in making any collective agree­ collective agreements. ment with employees of the city in respect of which the Council has jurisdiction, and who are represented by a labour organization as bar­ gaining agent, to insert in such agreement a provision requiring, as a condition of continued employment, membership in such labour organi­ zation, or a preference of employment to members of such labour organi­ zation. 1953, c. 55, s. 175. Snpioy*re,oin 175A. The Council may, by a majority vote of all members of the organization. Council, provide for the inclusion of the City in an employers' organiza­ tion for the purpose of the Labour Code of British Columbia. 1978, c. 41, s. 12.

Inquiry by barrister. 176. The Council may engage a barrister to investigate and report upon («) any alleged misfeasance, breach of trust, or other misconduct by (i) any member of the Council; (ii) any member of any other administrative body; (Hi) any employee of the city; (iv) any person having a contract with the city in regard to the duties or obligations of such member, employee, or person to the city; (b) any matter connected with the good government of the city or the conduct of any part of its business, including any business conducted by any other administrative body. 1953, c. 55, s. 176. His powers. 177. The barrister so engaged shall without delay make the investi­ gation and report thereon to the Council, and for those purposes shall have all the powers of the Commissioner under the Public Inquiries Act. 1953, c. 55, s. 177.

His fees. 178. The fees of the barrister and of any witness called by him or by the city shall be payable by the city. 1953, c. 55, s. 178.

Acquisition of parks, etc. 179. The Council may acquire for the city such real property within or without the city as it thinks necessary for parks, playgrounds, pleasure- grounds, or recreational areas, and the Board of Parks and Recreation may from time to time make recommendations with respect thereto. 1953, c. 55, s. 179; 1956, c. 70, s. 3; 1978, c. 41, s. 13. 48 1953 VANCOUVER CHARTER CHAP. 55

Indemnifica­ tion of 180. The Council may provide for the indemnification, either in employees. whole or in part, of any employee within its jurisdiction or employed by the Vancouver Police Board (a) whose conduct is called into question under section 176 of this Act; or (b) whose conduct is the subject of an inquiry under section 40 of the Police Act or of an appeal from a decision rendered in such inquiry; or (c) against whom an action or prosecution is brought arising out of his employment by the city or by the Vancouver Police Board if he suffers damages, costs or expenses and the Council is of the opinion that he merits such indemnification. 1953, c. 55, s. 180; 1976, c. 32, s. 23A (proc. July 8, 1976, eff. July 1, 1974); 1978, c. 41, s. 14.

Metric regulations. 181. The Lieutenant-Governor in Council may, by order, authorize the substituting of metric measure for measurement provisions in this Act on the basis in each case either of the numeric equivalent or of a rationalization of the measurement for practical use. 1976, c. 32, s. 23A (proc. eff. July 8, 1976).

Indemnifica­ tion of 182. The Council may provide for the indemnification in whole or members of Boards or in part of any appointed member of any Board or Commission estab­ Commissions. lished pursuant to this Act if such member suffers damages, costs, or expenses arising out of any action or prosecution brought against him or the City arising out of the performance of his duties. 1978, c. 41, s. 15.

Poor and destitute. 183. The city shall make provision for its poor and destitute by granting social assistance to them, or by contributing to the cost of social assistance that may be given to them, or both; but only to the extent limited by (a) the definitions or limitations, or both, of responsibility con­ tained in the terms or provisions of the Residence and Re­ sponsibility Act, or in any regulation made thereunder; (6) the Social Assistance Act and the regulations made and poli­ cies formulated thereunder; and (c) regulations made under the Hospital Act, or the Community Care Facilities Licensing Act; but the Council may, by a two-thirds' majority of all the members, authorize additional benefits under special circumstances at the sole cost of the city. 1972, c. 58, s. 21.

Plebiscites maybe 184. (1) The Council, for its own information, may submit for the submitted. opinion of the electors any question with which the Council has or de­ sires to have the power to deal; provided that, subject as otherwise pro­ vided in subsection (2), any question necessitating the borrowing of 49 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

money on the part of the City shall be submitted to the owner-electors only. The current list of electors shall be used. (2) The Council may by resolution passed by not less than two- thirds of all members of Council, provide that all persons whose names appear on the current list of electors shall be entitled to vote from time to time on any question necessitating the borrowing of money on the part of the City. A resolution passed pursuant to this section shall not be rescinded except by the votes of not less than two-thirds of all mem­ bers of Council. 1972, c. 67, s. 20.

Council to provide for 185. (1) The Council may from time to time make the necessary upkeep of city property. expenditures for the maintenance, upkeep, repair, and improvement of any property of the city. (2) Where persons are permitted to enter upon real property held by the city, within or without the city, the Council may make by-laws, either general in their application or special as applied to any particular case, regulating the use of any passage-way, driveway, or other part thereof by such persons. 1953, c. 55, s. 185.

Power to watch 186. Where it is satisfied that any proposed Dominion or Provincial legislation. legislation affecting the city should be watched, promoted, or opposed, the Council may provide for such watching, promotion, or opposition, and may defray the expenses incurred in relation thereto. 1953, c. 55, s. 186. repreTemed' 187. Where it is satisfied that the interests of the city are concerned Boards, etc. m anv proceeding, inquiry, or hearing by any Board or Commission appointed under any Dominion or Provincial Statute, the Council may provide for the representation of the city thereat, and may defray the expenses incurred in relation thereto. 1953, c. 55, s. 187.

Intermunicipal bridges. 188. The Council may provide for joining with another municipality in the construction and maintenance of streets, bridges, tunnels, or other public works which are partly in the city and partly in such other munici­ pality, or which are used by the city in connection with real property in another municipality acquired under any of the city's powers. 1953, c. 55, s. 188. gover\Sent.nd 189. The Council may provide for the good rule and government of the city. 1953, c. 55, s. 189.

Council may acquire 190. The Council may provide property. (a) for acquiring such real property (within or without the city) and personal property as may be required for the purposes of the city; Disposal of real property. (&) for disposing of any real or personal property of the city by sale, conveyance, lease, or licence when in the opinion of the Council such property is not required by the city, upon such 50 1953 VANCOUVER CHARTER CHAP. 55

terms and conditions as may be deemed expedient, and to accept in payment either money or other property; pro­ vided, however, that no parcel of real property which exceeds two hundred thousand dollars in value shall be sold to any person other than Her Majesty in her right of Canada or the Province, or any agency of the Crown, except by the affirma­ tive vote of two-thirds of all the members of Council. 1953, c. 55, s. 190; 1955, c. 114, s. 7; 1958, c. 72, s. 13; 1966, c. 69, s. 9 (eff. Jan. 1, 1964); 1969, c. 45, s. 11; 1977, c. 30, s. 147 (proc. eff. Sept. 30, 1977).

Power to buy and sell 191. The Council shall have power with the vote of not less than commodities. two-thirds of all its members and for the period of an actual emergency to provide that the city may buy and sell to the public gasoline, coal, wood, oil, and other fuel, and milk, fish, meat, and other foodstuffs, and may acquire and develop the necessary real property for the purpose. 1953, c. 55, s. 191.

City may enter into 192. The Council shall have power to make the city a party agreements pursuant to (a) to any agreement to which under the terms of any Act of the Statutes. Dominion or the Province it is contemplated that municipali­ ties may be parties and which the Council deems will be for the benefit of the city, including an agreement to borrow money in any case where the Act of the Dominion or Province author­ izes or provides for the lending of money to municipalities; (b) to any agreement with Her Majesty in her right of Canada or the Province, or any of her duly authorized agents, with respect to the construction, improvement, and maintenance of any private roads or ways, sewers, water-mains, poles, wires, pipes, conduits, or other utilities, installations, or equipment at any time situate on, over, or under the surface of any real property in the city in which Her Majesty aforesaid has any interest, and for contributing in whole or in part towards the cost thereof; provided that the entering into any such agree­ ment or the expenditure of any money by the city hereunder shall not of itself constitute any road or way aforesaid a public street or highway or be deemed to be evidence of dedication or acceptance of the same as such. 1953, c. 55, s. 192; 1974, c. 104, s. 48.

Power to undertake 193. The Council may acquire real property and, by removing or housing development. remodelling the buildings thereon, or by constructing dwellings thereon, develop such real property for the purpose of providing housing accom­ modation for such persons and on such terms as the Council shall think fit, and may maintain, improve, manage, and operate such housing accommodation, and may delegate to a board or commission appointed by the Council all or any of the powers of the Council under this section. 1953, c. 55, s. 193. 51 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2 squire0 193A. The Council may acquire real property for the purpose of comm"rriairto providing sites for commercial or industrial development, and for that development, purple may (a) demolish any building situate thereon; (b) subdivide or resubdivide the said property; (c) provide such services, including roads, water, and sewers, as may be deemed necessary or beneficial; {d) construct such buildings or other improvements on the said property as in the opinion of the Council may be deemed advantageous; (e) notwithstanding the provisions of section 190, hold, lease, sell, or otherwise dispose of such property on terms deemed advis­ able by Council without obtaining the assent of the electors; provided, however, that any lease in excess of thirty years shall contain a provision for revision of the annual rental at intervals not greater than ten years. 1954, c. 65, s. 2; 1964, c. 72, s. 3. acquire10 193B. The city may acquire real property for the purpose of further- frrmro^ment m8 anv P'an f°r ^e improvement or rehabilitation of areas which in the "do!.5™" opinion of the Council have become or are tending to become blighted or substandard areas. 1959, c. 107, s. 14. Daylight nving. 194. Subject to the provisions of the Daylight Saving Act, the Coun­ cil may prescribe a period in each year for which the time for general purposes in the city shall be seven hours behind Greenwich time, and make regulations varying the reckoning of Pacific Standard time as de­ fined by the Interpretation Act, and prescribe the period in each year in which the regulations so made shall be in force. 1953, c. 55, s. 194.

Insurance may be contracted 195. The Council shall have power to contract for insurance against for. risks that may involve pecuniary loss or liability on the part of the city, and to pay the premiums therefor, or to provide for the establishment, maintenance, and investment of a special fund to meet such loss or liability, or any part thereof, instead of contracting for insurance against it. 1953, c. 55, s. 195.

Remuneration of members 196. (1) The Council may by by-law provide for paying out of the of Council. annual revenue an annual indemnity to the Mayor and the Aldermen, and the Mayor's indemnity may be greater than the indemnity payable to the Aldermen. (2) A by-law passed under subsection (1) may provide that a portion of the remuneration to be paid to the Mayor or to an Alderman shall be paid as an allowance for expenses incidental to the discharge of the duties of his office. (3) No by-law under this section that has the effect of increasing the remuneration in excess of the percentage fixed with respect to the public service of the Province by regulation under section 56 of the Revenue Act is valid unless the by-law providing for the excess has 52 1953 VANCOUVER CHARTER CHAP. 55

been submitted to the owner-electors as provided in this Act, and the number of votes polled in favour of the by-law equals at least three- fifths of the total of votes polled, exclusive of those rejected. 1953, c. 55, s. 196; 1964, c. 72, s. 4; 1965, c. 68, s. 23; 1969, c. 45, s. 30; 1972, c. 58, s. 21. bere*[seday 197. The Council may, as occasion requires, provide for the revision and consolidation of the by-laws of the city or any of them. 1953, c. 55, s. 197. dric'houday. 198. The Council may from time to time, by resolution, appoint a day as a civic holiday, and the Mayor may thereupon make proclamation accordingly. 1953, c. 55, s. 198. orcttSaT."3 199. The Council, in addition to the powers specifically allotted to it, shall have power to do all such things as are incidental or conducive to the exercise of the allotted powers. 1953, c. 55, s. 199. Expenditures 200. Except with the consent of the Lieutenant-Governor in Conn- estimates. c^> *e Council shall not wilfully permit the total expenditures made in any year to exceed the amount allocated therefor in the estimates as adopted, but the Council may, except with respect to money allocated for (a) interest on debentures; (6) payments to sinking fund; (c) instalments of principal in respect of debentures; (d) amounts required for school purposes, authorize the expenditure for some other lawful purpose of money allocated in such estimates for a specific purpose; provided that if during any year it becomes apparent that revenue will exceed the estimated amount, the Council may authorize the expenditure of such excess for any lawful purpose. 1953, c. 55, s. 200.

Scu'xplndi- 201. (1) The Council may temporarily invest any money not im­ balances mediately required to meet the lawful expenditures of the City in se­ curities (a) of or guaranteed by the Government of Canada or any Prov­ ince of Canada; (b) of the Greater Vancouver Regional District, the Greater Van­ couver Water District, the Greater Vancouver Sewerage and Drainage District, or the City of Vancouver, which mature within one year from the date of acquisition; (c) of the Municipal Finance Authority of British Columbia which mature within one year from the date of acquisition; (d) of or guaranteed by any chartered bank in Canada; (e) or deposits in, or shares or other evidences of indebtedness of, a credit union incorporated under the Credit Unions Act; and thereafter to dispose of such securities, deposits, shares, or evidences of indebtedness as and when Council deems advisable. 53 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(2) The Council may authorize the expenditure for any lawful pur­ pose of any balance carried forward from a previous year. 1972, c. 67, s. 21; 1973 (2nd Sess.), c. 152, s. 18. acquisition 201A. (1) The Council may establish and maintain a property fund. acquisition fund to be used to purchase any real or personal property that the City is authorized to acquire. (2) The Council may, before or after the submission to the electors of a by-law or question authorizing the borrowing of monies for the acquisition of real or personal property for a designated purpose or purposes, purchase said property with monies from the property acquisi­ tion fund. (3) At such time as a by-law or question is approved by the electors authorizing borrowing for the acquisition of properties purchased as pro­ vided in subsection (2) and monies are borrowed pursuant to such authorization, the monies so borrowed shall, subject to the powers of Council contained in section 244, be paid into the property acquisition fund. 1978, c. 41, s. 16. prior°otuies 202. In any year, before the estimates are adopted, the Council «umateaof may nevertheless authorize such expenditures as are necessary to carry on the business of the city, but such expenditures shall in no case exceed the amounts expended in the previous year for the like purposes, save where not less than two-thirds of all the members of the Council concur in such excess expenditure. 1953, c. 55, s. 202. council™ 203. Where and to the extent that the Council is authorized to tradeTetc' regulate, license, or tax persons carrying on a business, trade, profes­ sion, or other occupation, it shall have the power to (a) divide and subdivide such businesses, trades, professions, or other occupations into as many groups or classes as it sees fit, having regard to the number of persons engaged therein, the extent of the accommodation offered to the public, or on such other basis as the Council may think expedient; (b) differentiate and discriminate between groups or classes both as to the amount of any licence fee or tax to be paid and the terms and conditions under which any group or class may or may not carry on the business, trade, profession, or other occupation; (c) define any business, trade, profession, or other occupation; (d) prohibit, but only by the unanimous vote of the members present. 1953, c. 55, s. 203.

»uthonrizedrfor 204. The Council may provide for the expenditure of money for ™~g,itionof (a) the reception, entertainment, or other suitable recognition of guests or persons of importance whom the Council deems worthy thereof; 54 VANCOUVER CHARTER CHAP. 55

Celebrations. (Z>) the celebration of any anniversary or other patriotic event deemed by the Council to be desirable; Disaster relief. (c) the relief of persons suffering from disaster, whether within or without the city, in cases where the Council deems such persons deserving of special assistance; Payment regarding (d) payment to members of the Council and employees of the expenses incurred at city in connection with expenses incurred by them in attend­ conventions, etc. ing, upon instructions of the Council, any convention or meet­ ing, wherever held; Payment regarding (e) payment to members of the Council and employees of the travelling expenses city in connection with expenses incurred by them in attend­ incurred. ing, upon the instructions of the Council, at a place outside the city upon business of the city; Rewards may be offered. (/) paying rewards offered by the Council to any person who furnishes information resulting in the conviction of any per­ son guilty of any offence against any Statute of Canada or the Province or any by-law of the city; Training to meet (g) aiding in the training and equipment of persons organized emergencies arising out to deal with extraordinary emergencies arising out of actual of war, etc. or threatened war, civil disturbance, pestilence, general con­ flagration, earthquake, or other major disaster; Awards to employees. (ft) awarding medals or rewards to employees of the city who distinguish themselves in or about the course of their employ­ ment; Civic (i) the production of a periodical or other publication containing periodical authorized. such information as shall be deemed by the Council to be of advantage to the city; Acquisition (/) acquiring real property for and establishing thereon and of property for public equipping, improving, maintaining, and providing for the purposes. management of (i) public libraries; (ii) public art galleries; (iii) public museums; (iv) civic office buildings, workshops, and yards; (v) public auditoriums; (vi) public schools; (vii) Juvenile Courts and detention homes; (viii) recreational centres; (ix) any other buildings or premises required for munici­ pal purposes; (k) the payment of out-of-pocket expenses incurred by any mem­ ber of a board, commission, or other administrative body in the performance of his duties. 1953, c. 55, s. 204; 1970, c. 54, s. 12. 55 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Operation of public 204A. The Council may provide for the appointment of a board or auditorium or museum. commission, and may delegate to such board or commission such powers as may be deemed reasonable and necessary for the efficient operation and management of any public auditorium or public museum established pursuant to the provisions of section 204. 1956, c. 70, s. 6; 1959, c. 107, s. 15.

Freedom of the city may 205. By unanimous vote of the members present, the Council may be bestowed. bestow the freedom of the city upon any person considered to merit such distinction, and thereafter such person shall, so long as the bestowal remains unrevoked, be entitled to be called a Freeman of the City of Vancouver. 1953, c. 55, s. 205.

Council may make grants. 206. The Council may, by resolution passed by not less than two- thirds of all its members, provide for the making of money grants to Charity. (a) any charitable institution; Animal society, etc. (b) any animal or poultry society or association; Preventing cruelty to (c) The British Columbia Society for the Prevention of Cruelty animals. to Animals; Archives. (d) the Archives of Vancouver; Bands, orches­ tras, etc. (e) any society or association promoting the production of music, whether by bands, orchestras, or otherwise; Hospital. (/) the Vancouver General Hospital or any other hospital which in the opinion of Council provides similar services; Assisting conventions (g) any organization proposing to hold a convention or meeting in the city. in the city which in the opinion of the Council will tend to the advantage of the city; Athletic sports, etc. (h) any society or association organizing or taking part in any public exhibition, game, or contest involving athletic sport, wherever held, which in the opinion of the Council will tend to the advantage of the city; Association of municipalities. (/) any association comprised of municipalities which the Council deems it is in the interest of the city to belong to or assist; Welfare organ­ izations. (/') any organization deemed by the Council to be contributing to the culture, beautification, health, or welfare of the city; Municipal ferries. (k) a municipality which operates a ferry from a wharf within the city to a wharf within that municipality. 1953, c. 55, s. 206; 1963, c. 60, s. 4.

Sunday sport. 206A. (1) Notwithstanding anything contained in the Sunday Obser­ vance Act or in any other Statute or law of the Province, where a by-law passed under subsection (2) hereof is in force and subject to its pro- 56 VANCOUVER CHARTER CHAP. 55 visions, it shall be lawful for any person between one and ten o'clock in the afternoon of the Lord's Day, commonly called Sunday, to provide for or engage in any public game or sport for gain, or for any prize or reward, or to be present at any performance of such public game or sport at which any fee is charged, directly or indirectly, either for admission to such performance, or to any place within which the same is provided, or for any service or privilege thereat, that is specified in such by-law and which but for this section would be unlawful under section 6 of The Lord's Day Act (Canada), or to do or engage any other person to do any work, business, or labour in connection with any such public game or sport which but for this section would be unlawful under section 4 of The Lord's Day Act (Canada). (2) (a) The Council may pass a by-law declaring subsection (1) to be in force throughout the city or in such part or parts thereof as may be specified in the by-law, and upon such by-law coming into force, subsection (1) shall apply throughout the city or in such specified part or parts, as the case may be. (6) The application of subsection (1) shall be limited to such public games or sports as are specified in the by-law. (c) The by-law shall not specify horse-racing as a public game or sport. (d) Where subsection (1) applies in specified parts of the city, the limitation authorized by clause (b) hereof may differ in different parts. (e) The by-law may reduce the period of time between half past one and six o'clock mentioned in subsection (1). (/) The by-law shall provide for the regulation and control of the public games and sports specified in it and may provide for the regulation and control of any matter or thing in connection with such public games and sports. (g) (i) No by-law passed under this section shall be repealed until the following question has been submitted to the electors, and a majority of affirmative votes obtained: "Are you in favour of the repeal of the by-law passed under the authority of the Vancouver Charter that regu­ lates public games and sports for gain on the Lord's Day? " (ii) The Council may submit the question set out above to the electors at any annual election. (iii) Upon the presentation of a petition requesting that the by-law passed under this section be repealed, signed by at least ten per centum of the electors of the municipality, the Council shall at the next annual election submit to the electors the question set out in subclause (i). (h) Any petition mentioned in clause (g) (iii) above shall be deemed to be presented when it is lodged with the City Clerk, and the sufficiency of the petition shall be determined by him, and his certificate as to its sufficiency shall be conclusive for all purposes; provided, however, that 57 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

a petition that is lodged with the City Clerk in the months of November or December shall be deemed to be presented in the month of February next following. proclaimed for (3) This section shall come into force on a day proclaimed by the June 18th, 1958, v ' J r J £,y°;J?/7io Lieutenant-Governor in Council in his Proclamation. 1958, c. 72, s. 14; No. 1465/58. 1978, c. 41, s. 17. fromhprorvi-ef 206B. (1) Notwithstanding anything contained in any other Statute lLmd-°lDa or *aw °^ ^ Provmce> where a by-law passed under subsection (2) is in Aa (Canada), force and subject to its provisions, it shall be lawful for any person after half past one in the afternoon of the Lord's Day, commonly called Sun­ day, or during such period or periods of time after half past one in the afternoon of the Lord's Day as are specified in the by-law, to provide for, engage in, or be present at any exhibition of motion pictures or any theatrical performance, concert, lecture, or any other exhibition or per­ formance at which any fee is charged for admission to such exhibition, performance, concert, lecture, or other exhibition or performance and which, but for this section, would be unlawful under section 6 of the Lord's Day Act (Canada); or to do or engage any other person to do any work, business, or labour in connection with any such exhibition of motion pictures, theatrical performance, concert, lecture, or other exhibi­ tion or performance, as the case may be, which, but for this section, would be unlawful under section 4 of the Lord's Day Act (Canada). (2) The Council may pass a by-law declaring subsection (1) to be in force throughout the city or in such part or parts thereof as may be specified in the by-law, and upon such by-law coming into force, sub­ section (1) shall apply throughout the city or in such specified part or parts, as the case may be. (3) The by-law may specify and differentiate between different types of exhibitions of motion pictures, theatrical performances, concerts, lec­ tures, or other exhibitions or performances, and may permit some and prohibit others. 1963, c. 60, s. 5.

206c. The Council may, subject to the approval of the Lieutenant- Governor in Council, by by-law, provide a pension for any member of Council, or any person who was a member of Council on December 31st, 1972, who has served for a period of not less than ten years. 1970, c. 54, s. 13; 1973, c. 93, s. 7.

Time as M.P. 206D. A by-law under section 206c may provide that, for the pur­ included. pose of determining eligibility, time served as a Member of Parliament shall be deemed to be time served as a member of Council. 1972, c. 38, s. 6. 58 1953 VANCOUVER CHARTER CHAP. 55

PART IV

DUTIES OF MAYOR, DIRECTOR OF FINANCE, CITY CLERK, CITY TREASURER, AND AUDITORS

Mayor Status of Mayor. 207. (1) The Mayor shall be the chief executive officer of the city and the president of the Council. (2) Notwithstanding any other provision of this Act, the Council may, from time to time, with the concurrence of the Mayor, appoint an Alderman to be Deputy Mayor of the city, and may confer upon him such of the powers and duties by this Act vested in the Mayor as the Council shall think fit, and may provide, in addition to any remuneration receivable by the Deputy Mayor in his capacity as Alderman, for such further remuneration as the Council shall determine. 1953, c. 55, s. 207.

His duties. 208. The Mayor shall To enforce law for (a) be vigilant and active at all times in causing the law for the government of city. government of the city to be duly enforced and obeyed; To make recommenda­ (b) recommend to the Council such measures as he shall deem tions to Council. expedient; Oversee employees' (c) oversee and inspect the conduct of all employees of the city conduct. under the jurisdiction of the Council, and, so far as he can, cause all negligence or misconduct by any such employee to be punished; Power to (d) suspend from his employment, if he thinks necessary, any such suspend. employee. The Mayor shall forthwith give notice in writing of such suspension (i) to the Director of Finance; and (ii) to the City Clerk, who shall inform the Council at its next regular meeting. The suspension shall continue until the Council either (i) reinstates the employee; or (ii) dismisses the employee. In every case the suspension shall be without pay, unless the Council otherwise directs. 1953, c. 55, s. 208; 1965, c. 68, s. 29.

Acting-Mayor. 209. If at any time the Mayor is absent, or signifies his intention of being absent, from his duties through illness, departure from the city, or other cause, or his seat is vacated, the Council may appoint an Alderman to be Acting-Mayor. In the absence of the Mayor, the Acting-Mayor 59 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

shall, during the period for which he is appointed, have all the powers and duties of the Mayor; provided, however, that the Acting-Mayor shall not take the place of the Mayor as Chairman of the Board of Administration unless the aldermanic member of the Board is absent from the city or otherwise unable to act as Chairman of the Board. 1953, c. 55, s. 209; 1960, c. 80, s. 15. Director of Finance Director of Finance. 210. There shall be a Director if Finance appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe. 1953, c. 55, s. 210; 1965, c. 68, s. 29.

Duty to advise Council. 211. The Director of Finance may, whenever he thinks fit, and shall, whenever required by the Council so to do, advise the Council on the financial position of the city or any phase thereof and make recommen­ dations with respect to the administration, co-ordination, and efficiency of the city's affairs and the systems under which they are carried on. 1953, c. 55, s. 211; 1965, c. 68, s. 29.

To have control— 212. The Director of Finance shall exercise a general control and supervision Over (a) over the collection and application of the revenues of the city revenue. of every description, and over the lawful expenditure thereof; Debentures and sinking (b) over the sale, realization, and redemption of debentures of the fund. city, and over the sinking funds of the city; Staffs and records. (c) over the City Hall and other places maintained by the Council in the exercise of its powers, and over the arrangement of offices therein and the direction of the clerical staffs thereof, and over the systems under which the city's affairs are carried on, and over the records of the city and the preservation of such records; All financial matters. (d) over all other financial affairs of the city. 1953, c. 55, s. 212; 1965, c. 68, s. 29.

Ssbu™e>d.ey 213. No money shall be disbursed by the city except on the warrant of the Director of Finance, to be drawn upon the Treasurer, specifying the fund out of which payment is to be made. Such warrant need not be signed by the Director of Finance if it is initialled by him, or by some person authorized by him for the purpose. 1953, c. 55, s. 213; 1958, c. 72, s. 15; 1965, c. 68, s. 29.

Examination 214. It shall be the duty of the Director of Finance to cause all or accounts J issu?! warrant accounts and claims against the city to be examined and verified before he draws a warrant for their payment. 1953, c. 55, s. 214; 1965, c. 68, s. 29. 60 1953 VANCOUVER CHARTER CHAP. 55 authorize0 215. With the exception of small amounts necessary, in the opinion disbursements. 0f tne Director of Finance, to meet an emergency, he shall not draw his warrant for payment unless such payment has been authorized by the Council. 1953, c. 55, s. 215; 1965, c. 68, s. 29.

Provision for advance 216. The Council may, for periods of not more than twelve months authorization. at a time, give the authorization referred to in section 215 in advance, but every warrant for a payment so authorized in advance shall be reported in writing by the Director of Finance to the City Clerk, for the information of the Council, within fifteen days after the end of the month in which the warrant is drawn. 1953, c. 55, s. 216; 1965, c. 68, s. 29.

Deduction where payee 217. In drawing a warrant in favour of any person indebted to the indebted to city. city, or the assigne of such person, the Director of Finance may require the deduction of the amount of such person's indebtedness to the city. 1953, c. 55, s. 217; 1965, c. 68, s. 29.

Fund to 218. No warrant for payment shall be drawn unless there is sufficient be adequate. money in the fund out of which the payment is to be made to meet the warrant. 1953, c. 55, s. 218.

Director of Finance to 219. The Director of Finance shall, as soon as practicable in each report on revenue and year, and in any event by the thirtieth day of April, cause to be prepared expenditure. and shall submit to the Council a report setting out his estimate in detail of the anticipated revenues and expenditures of the city for that year. 1953, c. 55, s. 219; 1965, c. 68, s. 29.

City Clerk City Clerk. 220. There shall be a City Clerk appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe. 1953, c. 55, s. 220.

Making and custody of 221. He shall keep an accurate record of all resolutions, transactions, records. and other business and proceedings of the Council and its committees, and shall safely preserve and keep in his custody all such records. 1953, c. 55, s. 221.

And of by-laws. 222. He shall have the custody of all by-laws from the time they are introduced, and, having seen to their proper completion, he shall pre­ serve and keep the originals thereof. 1953, c. 55, s. 222.

To attend meetings. 223. He, or someone authorized by him, shall be available to attend all meetings of the Council and its committees in a secretarial capacity. 1953, c. 55, s. 223.

Proof of documents 224. A copy of any record, book, or document in the possession or in Court. under the control of the City Clerk purporting to be certified under his hand and seal of the city may be filed and used in any Court in lieu of the original, and shall be received in evidence without proof of the 61 CHAP. 55 VANCOUVER CHARTER 1-2 ELK. 2

seal or the signature or official character of the person appearing to have signed the same, and without further proof, unless the Court otherwise directs. 1953, c. 55, s. 224. Seal in custody of 225. He shall have the custody of the common seal of the city, and City Clerk. shall cause it to be affixed as required. 1953, c. 55, s. 225. City Treasurer City Treasurer. 226. There shall be a City Treasurer appointed by the Council who shall have such duties and powers in addition to those provided by this or any other Act as the Council may from time to time prescribe. 1953, c. 55, s. 226. disburs?s^id 227. He shall receive all moneys paid to the city from whatever moneys. source, and shall pay out the same only on the warrant of the Director of Finance. 1953, c. 55, s. 227; 1965, c. 68, s. 29.

To keep complete 228. He shall keep a complete and accurate account of all moneys accounts. by him received and by him disbursed. 1953, c. 55, s. 228.

To hold sinking fund 229. He shall, together with the Director of Finance, have the cus- securities. to

Duties and powers of 231. The duties and powers of the auditors are as follows:— auditors. (a) the auditors shall make such examination as is consistent with good auditing practice of the records, including the books, documents, accounts, vouchers, receipts, investment securities, debentures, and matured debentures paid, of the city (including those of any sinking fund provided for under this Act) or relat­ ing to any matter or thing under the jurisdiction or control of the Council or of any other administrative body; (b) the auditors shall make a report to the Council on or before the thirtieth day of April in the next following year on the 62 1953 VANCOUVER CHARTER CHAP. 55

balance sheets and statements of revenue and expenditure of the city and of any other administrative body, and such report shall state whether in their opinion the balance sheets and statements of revenue and expenditure of the city or other ad­ ministrative body referred to in the report present fairly the financial position of the city or other administrative body as at the thirty-first day of December and the results of the opera­ tions of the city for the year then ended in accordance with accounting principles generally accepted for municipal financial reporting, applied on a basis consistent with that of the pre­ ceding year; (c) the auditors shall further report to the best of their knowledge and ability (i) in what respect they find the books, documents, accounts, or vouchers incorrect, or lacking proper authority under this Act, or under any by-law or resolution adopted or passed hereunder; (ii) in what respect any disbursement, expenditure, lia­ bility, or transaction is without apparent authority. 1974, c. 104, s. 31. report in 233. The auditors shall, without delay, report in writing with particu­ lates'11 ^ars to tne Mayor and the Board of Administration if, in their opinion, (a) any payment made or authorized by the city or other adminis­ trative body is without apparent authority; (b) any sum which ought to have been brought into account by any person or persons has not been brought into account; (c) any loss or deficiency has been incurred owing to the negli­ gence or misconduct of any person; and the Mayor shall cause such investigation to be made as he thinks necessary. 1974, c. 104, s. 31. dut?«d 333- The duties of the auditors shall include (a) the examination, upon request of the Council, of the accounting arrangements and methods of the city or other administrative body, or of any proposed amendment thereof, and the submis­ sion of their recommendations as a result of such examination; (b) such other duties not inconsistent with those required of them by this Act as may from time to time be included in the terms of their appointment. 1974, c. 104, s. 31. ccmnSi and 234. Every member of Council, and every officer or employee of the iSrs *° c*tv> anc* everY member and servant of any other administrative body, auditors. shall make available all records, books, and documents necessary for the audit or required by the auditors, and shall give the auditors every reason­ able facility and furnish full information and explanation concerning the affairs of the city or other administrative body necessary for the perfor­ mance of their duties as auditors. 1974, c. 104, s. 31. ^ CHAP. 55 VANCOUVER CHARTER 1-2 Euz. 2

Powers of auditors, call 235. (1) For the purpose of, and in connection with, any audit for books and docu­ under this Act, the auditors may, by summons in writing, require ments. (a) the production before them of all records, books, deeds, con­ tracts, accounts, vouchers, receipts, and other documents and papers; (b) the production before them of all moneys and securities; (c) any person holding or accountable for any such records, books, deeds, contracts, accounts, vouchers, receipts, documents, papers, money, or securities to appear before them at any such audit, and to make and sign a declaration as to the correctness of the same. (2) A person who neglects or refuses to comply in any respect with a summons issued under subsection (1) is liable for each neglect or refusal, on summary conviction, to a penalty not exceeding one hundred dollars. (3) A person'who falsely or corruptly makes or signs any such dec­ laration as aforesaid, knowing the same to be untrue in any material particular, is liable, on summary conviction, to a penalty not exceeding five hundred dollars. 1974, c. 104, s. 31.

Restriction on removal 235A. (1) The auditors shall not, without the sanction of the Coun­ of records, books, and cil or without an order of a Judge of the Supreme Court, remove or cause other documents to be removed any records, books, deeds, contracts, accounts, vouchers, from city office. receipts, documents, papers, money, or securities from the office of the city or other place where the same may repose for safe-keeping. (2) Nothing in this section prohibits the auditors from transferring records, books, deeds, contracts, accounts, vouchers, documents, or papers from one office of the city to another for the convenience of the audit. 1974, c. 104, s. 31.

Rights of 235B. electors. (1) Any elector of the city may, in writing, lodge with the auditors an objection to any item of account or other matter relating to an audit then in process. (2) Upon receipt of any objection as provided for in subsection (1), the auditors shall appoint a time and place for dealing with the objection, and shall give notice thereof to such elector. (3) The auditors shall consider the matters before them, and if in their opinion the objection comes within the scope of section 232, they shall forthwith proceed in the manner set out therein. (4) Nothing in this Part shall be construed to prevent an elector, or a group of electors, from exercising any right to take action for recovery on behalf of the city. 1974, c. 104, s. 31.

PART V BY-LAWS FOR CONTRACTING DEBTS Limit of borrowing 236. (1) The Council may pass by-laws for contracting debts by power. borrowing money or otherwise for any authorized purpose, in such cur- 64 1953 VANCOUVER CHARTER CHAP. 55

rencies whether of Canada or some other country as the Council deems expedient, and for levying taxes on the real property in the city liable to taxation for the payment of such debts, but the aggregate of the debt so contracted shall not at any time be increased so as to exceed twenty per centum of the total assessed value of such real property calculated upon the average assessment for the two years prior to the year in which the by-law is passed. The debentures issued therefor may be made pay­ able at such places, within or without Canada, and in such currencies, whether of Canada or some other country, as the Council deems ex­ pedient, and if the debentures are, or have been, made payable in lawful money of the United States of America, a dollar so payable shall, for the purpose of such calculation or of any other calculation directed towards ascertaining whether or not any proposed borrowing is within the power of Council, be deemed to be the equivalent of a dollar payable in lawful money of Canada. (2) Any tax now or hereafter imposed by a by-law providing for the issue of debentures may be levied and collected, under such by-law, as soon as the by-law is passed. 1953, c. 55, s. 236.

Wkesneffect.w 237. The by-law shall name a day in the year in which it is passed upon which the by-law shall take effect. 1953, c. 55, s. 237. wayabie.' 23s- AU debentures shall be issued within five years after the passing of the by-law, and the whole debt shall be made payable within fifty years at most from the day on which the by-law takes effect. 1953, c. 55, s. 238.

239. (1) In respect of a debt so contracted, and subject to subsec­ tion (2), the by-law may provide for the issue of debentures"1 (a) debentures or stock the entire principal of which is payable as provided in the by-law, and the interest is payable annually or semi-annually. The by-law shall provide (i) that a sum shall be levied and raised in each year by way of real-property taxes sufficient to pay interest on the debt during the currency of the debentures or stock; (ii) that a sum which, if set aside annually, together with the estimated interest compounded annually on the investment of all such sums at a rate to be set out in the by-law will be sufficient to pay the principal of the debentures or stock when due, shall be levied and raised in each year by way of real- property taxes; debentures W debentures the interest on which is to be paid annually or semi­ annually and the principal of which is to be met by the payment of a specific sum or instalment as provided in the by-law dur­ ing the currency of the debentures. The by-law shall provide that a sum shall be levied and raised by way of real-property taxes in each year during the currency of the debentures for 65 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

the payment of the interest, and that a sum shall be so levied and raised in each such year for the payment of the instal­ ments of principal as they become due. (2) Where all or part of the moneys required to be levied and raised in any year under subsection (1) have been provided in advance in accordance with sections 262 and 247A, or either section, then the moneys so provided need not be levied and raised in that year. 1953, c. 55, s. 239; 1964, c. 72, s. 5; 1969, c. 45, s. 12; 1973, c. 93, s. 8.

Borrowing from Greater 239A. (1) Where, pursuant to this Act, the Council is authorized Vancouver Regional to borrow sums of money, the Council may by by-law or resolution enter District. into an agreement with the Greater Vancouver Regional District to pro­ vide that any or all of the money so authorized may be borrowed from the said district. The said agreement may contain such terms and con­ ditions as are lawfully required by the said district. (2) Where the city enters into an agreement with the Greater Van­ couver Regional District to borrow money, it shall not be necessary for the city to issue debentures with respect to such borrowing, and section 239 shall not apply to such borrowing. (3) Where the city enters into an agreement with the Greater Van­ couver Regional District to borrow money, the Council shall, prior to receiving the money from the said district, pass a by-law providing that a sum shall be levied and raised by way of real-property taxes in each year sufficient to provide for payment of interest and repayment of the principal sum borrowed. (4) Where the said district issues debentures to raise the money for the city pursuant to this section, and such debentures require the estab­ lishment and maintenance of a sinking fund, the city may pay to the said district in each year all sums of money required to pay the interest on the debentures together with such sums as are required to be paid into the sinking fund. 1969, c. 45, s. 13.

240. (1) A by-law passed under the provisions of this Part shall recite (a) the amount of the debt which the* by-law is intended to con­ tract and, in brief and general terms, the object for which it is to be contracted; (b) the value according to the last revised assessment roll of all the real property in the city liable to taxation; (c) the total amount of the existing debenture debt of the city, as at the date of the first reading of the by-law, and how much, if any, of the principal or interest thereof is in arrears as at the said date. (2) Clauses (b) and (c) shall not apply to a by-law passed pursuant to sections 263 and 264. 1953, c. 55, s. 240; 1970, c. 54, s. 14. 66 1953 VANCOUVER CHARTER CHAP. 55

Debt may be callable. 241. A by-law passed under the provisions of this Part and the debentures issued thereunder may provide that the debentures, or a por­ tion thereof, may be called in and paid at any time before maturity upon such terms as to notice or otherwise as may be specified in the by-law. 1953, c. 55, s. 241.

What borrowing to 242. (1) Except as otherwise provided in this or any other Act, the be submitted to electors. Council shall not contract any debt, the full payment of which is not provided for in the estimates adopted for the current year, unless a by-law authorizing it has been passed with the assent of the electors. (2) Subsection (1) shall not apply to any debt contracted for any of the following purposes:— (a) The construction, installation, maintenance, replacement, re­ pair, and regulation of a waterworks system, including water mains and other water pipes, valves, fittings, hydrants, meters, and other necessary appliances and equipment, for the purpose of the distribution and supply of water, and for acquiring real property and easements therefor: (b) The construction, installation, maintenance, replacement, re­ pair, and regulation of a system of sewerage and drainage, including all necessary appliances and equipment for such pur­ poses, and for acquiring real property and easements therefor: (c) Any debt or obligation contained in a contract for the supply of materials, equipment or services, professional or otherwise, required for the operation of the city: (d) Any debt or obligation contained in an agreement for the acquisition by lease of real or personal property. (e) Borrowing under any agreement pursuant to section 192 (a) for the purpose of the development or redevelopment of the False Creek area or for creating housing (for the purposes of this subsection, the " False Creek area" shall be generally all that area of land and land covered by water bounded by Cam- bie Street and Connaught Bridge on the east, the south side of Sixth Avenue on the south, Burrard Street and Burrard Bridge on the west, and the Harbour Headline on the north side of False Creek on the north). 1953, c. 55, s. 242; 1969, c. 45, s. 14; 1970, c. 54, s. 15; 1974, c. 104, s. 49.

Valid after expiration 243. Any by-law so passed and any debenture issued pursuant of month. thereto shall be absolutely valid and binding according to the terms thereof, and shall not be questioned on any ground whatever unless within one month after the final passing of the by-law (a) a notice of application to quash the by-law under Part XXV of this Act has been served on the city; or (b) an action has been commenced in a Court of competent juris­ diction to set the by-law aside. 1953, c. 55, s. 243. 67 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

•mendmeittor 244. When any such by-law is so passed, it shall not be amended «version. or repealed by the Council except with the consent of the Lieutenant- Governor in Council, but, without such consent, (a) a new by-law may be submitted for the assent of the electors authorizing the diversion to some other purpose of the pro­ ceeds of the by-law so passed in whole or in part, and if such new by-law receives the assent of the electors, the proceeds may be diverted to such other purpose; or (£) if a part of the proceeds of a by-law passed under the provi­ sions of this Part is not required for its objects or purposes, the Council may transfer such part to the sinking fund or to a repayment fund in respect of that by-law; (c) the Council may, by a two-thirds vote of all its members, divert to some other purpose the proceeds of a by-law passed pursuant to section 245. 1953, c. 55, s. 244. 0°««Tp'eriod 245. (1) The Council shall have power, with respect to any period of year». 0f years which it may designate (not to exceed ten years in all) for the purpose of borrowing during those years a sum designated by the Coun­ cil, to submit to the electors entitled to vote on by-laws requiring the assent of the electors a question in the following form or to the like effect:— Are you in favour of the Council having power to pass by-laws without the assent of the electors in any of the years [those designated by the Council] to borrow from time to time, by the issue of debentures, sums not to exceed over the said period [the sum designated by the Council] in the aggregate? The following, in brief and general terms, sets out the proposed projects and the amount allocated for each. [A list of the projects and amounts.] (2) Upon receiving the returns from such submission, the Returning Officer shall add up the votes, and if as a result he certifies to the Council that the votes cast in the affirmative amount to a majority of all the votes cast, the Council shall have power without the assent of the electors to pass by-laws in any of the designated years to borrow money, by the issue of debentures in an aggregate principal amount not exceeding the designated sum, and the provisions of this Part relating to the borrowing of money and the issue of debentures shall, mutatis mutandis, apply. (3) The Council by a vote of not less than two-thirds of all its mem­ bers may, without the assent of the electors, during the period of years set out in the question or the extended period referred to in subsection (4), vary the projects and amounts so listed so long as the aggregate is not exceeded. (4) Notwithstanding the provisions of subsections (1) and (2), if any of the projects, or any part thereof, approved pursuant thereto, is de­ layed for any reason, the Council shall have the power to pass by-laws to borrow the funds necessary to carry out the said project without the assent of the electors at any time within seven years after the last year mentioned in the question submitted to the electors. 68 1953 VANCOUVER CHARTER CHAP. 55

(5) In any question submitted pursuant to subsection (1), the Coun­ cil may include as a project the increase in the amount of any property acquisition fund. 1953, c. 55, s. 245; 1956, c. 70, s. 7; 1961, c. 76, s. 4; 1963, c. 60, s. 6; 1968, c. 71, s. 13; 1970, c. 54, s. 16; 1974, c. 104, s. 32; 1978, c. 41, s. 18.

P for ™OTidSg 245A. When a question is submitted to the electors pursuant to the to^uctors" provisions of section 184 or 245, or a by-law requiring the assent of the electors is submitted to the electors pursuant to this Part, it shall be law­ ful for Council to expend funds for the purpose of providing the electors with information with respect to the question or the by-law. 1964, c. 72, s. 6. borrowk.T.°f 246- T^ Power conferred by section 245 shall rot be exercisable (a) at any time when any portion of any debenture debt of the city which has matured or become payable remains unpaid after a demand in writing for payment of any portion thereof has been made; (b) unless the city, up to the time of the exercise of such power, has made all levies required by law for sinking fund purposes. 1953, c. 55, s. 246. dentures to 247. It shall be lawful for the Council whenever it sees fit to provide redeem elruer *°r *e *ssue °^ new debentures, the proceeds of which shall be used to debentures, repurchase, call in, or redeem, upon such terms as may be arranged, any debentures or stock already issued by the city; provided that (a) the new debentures shall be issued prior to the date of maturity of the debentures to be repurchased, called in, or redeemed; and (6) such new debentures shall mature not later than two years after the date of maturity of such debentures. 1953, c. 55, s. 247; 1973, c. 93, s. 9.

y mentfund " 247A. Where for any cause it appears expedient to provide funds in advance of requirements for the retirement at maturity of outstanding debentures of the City and the annual interest payments thereon, or either of them, the Council may by by-law provide that all or part of any sur­ plus moneys be set aside in a debt repayment fund. The moneys so set aside may be invested in the manner provided in section 260 and the interest thereon shall form part of the fund. The moneys so set aside, together with any interest thereon, shall be used only for the purpose of reducing the annual levy required to be made under section 239 for out­ standing debentures. 1964, c. 72, s. 7. Debentures How executed. 248. Debentures shall be sealed with the common seal of the city, and shall bear the facsimile signature of the Mayor and be signed by the City Treasurer or such other person as may be designated by by-law.

1953, c. 55, s. 248. 69 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

248A. Where a by-law has been passed authorizing the issue of de­ bentures, then, notwithstanding anything contained in this Act, the Council may engage a person or persons within or without Canada who may be authorized to conduct all business connected with the issue and servicing of the debentures and, without limiting the generality of the foregoing, any of the following matters: (a) The signing and issuance of the debentures in accordance with the by-law authorizing their issuance: (b) The receiving from time to time on behalf of the city of all moneys raised by the issue of the debentures: (c) The registration and transfer of the debentures: (d) The transfer of the registration of the debentures from one place of registry to another: (e) The payment of interest and the principal amount of the de­ bentures as the same become payable. 1973, c. 93, s. 10. Coupons. 249. Debentures may have coupons for the interest attached to them, and such coupons shall bear the facsimile signature of the Mayor and of the City Treasurer or such other person so designated. 1953, c. 55, s. 249. How payable. 250. Debentures may be made payable to bearer, or to a named person or bearer. 1953, c. 55, s. 250.

Payable in full. 251. Debentures shall be valid and recoverable to the full amount, notwithstanding their negotiation by the city at a discount. 1953, c. 55, s. 251.

Provision for registration. 252. Debentures may contain or have endorsed upon them a pro­ vision to the following effect: " This debenture, or any interest therein, shall not, after a memorandum of ownership has been endorsed thereon by the City Treasurer, be transferable except by entry by the Treasurer or his deputy in the Debenture Registry Book of the city." And in such case the Treasurer, on the application of the owner of the debenture, shall endorse upon the debenture a memorandum of ownership signed by him, and shall enter in a book to be known as the "Debenture Registry Book " the particulars contained in such memorandum, and he shall also enter in such book the particulars of every transfer of such debenture. 1953, c. 55, s. 252. How 253. A memorandum of transfer of ownership shall be endorsed authorized. upon a debenture only upon the written authorization of the person last entered in such book as the owner of such debenture, which authoriza­ tion shall be retained by the City Treasurer. 1953, c. 55, s. 253.

Effect of endorsement. 254. After a memorandum of ownership has been endorsed as aforesaid, the debenture shall be transferable only by entry by the City Treasurer, or his deputy, in the Debenture Registry Book. 1953, c. 55, s. 254. 70 1953 VANCOUVER CHARTER CHAP. 55

Provision for cancellation. 255. On the written request of the person named as owner in such memorandum of ownership, the City Treasurer may, notwithstanding the provisions of section 252, cancel such memorandum of ownership and entry in the Debenture Registry Book and thereby constitute the debenture one payable to bearer. 1953, c. 55, s. 255.

City not concerned 256. No notice of any trust, express, implied, or constructive, in with trusts. respect of any debenture shall be included in any such memorandum or entry, or be receivable by the city, so however that an owner may be described as a trustee or as possessing an official character. 1953, c. 55, s. 256. maybLost debenture e 257. Where a debenture is lost, destroyed, or defaced, the Council replaced. may provide for the replacing of the same on the production of such proof of its loss, destruction, or defacement and upon such terms as to indemnity and otherwise as the Council may provide. 1953, c. 55, s. 257.

Separate account. 258. The proceeds of the sale by the city of any debenture shall be kept in a separate bank account, and shall, save as otherwise provided by this Act, be used only for the purpose for which they were raised, and shall not be used for other expenditures of the city. 1953, c. 55, s. 258.

Expenditure maybe 259. Until such time as the proceeds from the sale of debentures are delayed. expended, the Council may (a) temporarily invest such funds or any part thereof in securities (i) of or guaranteed by the Government of Canada or any Province of Canada; (ii) of the Greater Vancouver Regional District, the Greater Vancouver Water District, the Greater Vancouver Sewerage and Drainage District, or the City of Vancouver, which mature within one year from the date of acquisition; (iii) of the Municipal Finance Authority of British Co­ lumbia which mature within one year from the date of acquisition; (iv) of or guaranteed by any chartered bank in Canada; (v) or deposits in, or shares or other evidences of in­ debtedness of, a credit union incorporated under the Credit Unions Act; and thereafter to dispose of such securities, deposits, shares, or evidence of indebtedness as and when Council deems ad­ visable; and (6) temporary use such funds or any part thereof for other expen­ ditures of the city pending the collection of current taxes each year; provided, however, that the use of such funds shall be limited to the period from the first day of January to the fif­ teenth day of July in each year, and such funds shall be re- CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

turned to Capital Account on or before the fifteenth day of July in the year so used. 1953, c. 55, s. 259; 1961, c. 76, s. 5; 1972, c. 67, s. 22; 1973 (2nd Sess.), c. 152, s. 18. ta?estrnefntsd 260. Council may invest any sums set aside for sinking fund pur­ poses in securities (a) of or guaranteed by the Government of Canada or of or guaranteed by a Province of Canada; (b) of or guaranteed by any chartered bank in Canada; (c) of the Greater Vancouver Water District or the Greater Van­ couver Sewerage and Drainage District; (d) of the City of Vancouver; (e) of the Greater Vancouver Regional District; (/) of the Municipal Finance Authority of British Columbia; (g) or deposits in, or shares or other evidences of indebtedness of, a credit union incorporated under the Credit Unions Act. 1972, c. 67, s. 23; 1973 (2nd Sess.), c. 152, s. 18.

?Sourftsund 261. It shall be lawful to keep a consolidated account of the accum­ ulated instalments and interest on all debenture debts, but in any case the accounting records shall at all times exhibit the accumulated reserve with respect to every separate debenture debt. 1953, c. 55, s. 261. ttanVsfe?o7OT 262. The Council may provide that any surplus moneys in the hands Joking £°nd of the City Treasurer, not appropriated to any specific purpose, shall be transferred to the sinking fund in respect of any debenture by-law, and shall be subject to investment accordingly. 1953, c. 55, s. 262. pendhJgrot 263. The Council, without the assent of the electors, may by by-law rea'i-proSerty authorize the Director of Finance or some other person to borrow on taxes. behalf of the city for such period as Council may deem fit by way of promissory note or overdraft such sum of money as Council may deem necessary to meet the lawful expenditures of the city pending the collec­ tion of real-property taxes and amounts receivable from other govern­ ments. In any such by-law, the Council may provide for the hypothe­ cation, subject to any prior charge thereon, to the lender, of any amounts receivable from other governments and the whole or any part of the real- property taxes then remaining unpaid, together with the whole or part of the real-property taxes to be levied for the year in which the by-law is passed. Provided, however, that if the by-law is passed before the pass­ ing of the rating by-law, the amount of the current taxes that may be hypothecated shall be not more than seventy-five per centum of the real- property taxes levied in the next preceding year. 1953, c. 55, s. 263; 1970, c. 54, s. 17.

PCTdhX'sfie 264. Council, without the assent of the electors, may, by by-law, of debentures, authorize the Director of Finance or some other person to borrow on behalf of the city by way of promissory note or overdraft such sum of 72 1953 VANCOUVER CHARTER CHAP. 55

money as Council may deem necessary to meet the lawful expenditures of the city pending the sale of debentures. In any such by-law the Council may provide for the hypothecation to the lender of the proceeds of such debentures for the repayment of the sum borrowed and interest thereon. 1953, c. 55, s. 264; 1970, c. 54, s. 17. 265. [Repealed. 1970, c. 54, s. 17.] obtataMsent' 266. Where the Council proposes to pass a by-law requiring the °o by-law? assent of the electors, it shall, after its second reading and before the final passing thereof, fix a day for taking the vote of the electors, and the City Clerk shall, within one month before the day so fixed, publish a copy of the proposed by-law in at least two issues of a daily newspaper published in the city, together with a notice of the time when, and the polling-places wherein, the vote will be taken. Where more than one by-law is to be submitted at the same time, one notice shall be sufficient for all. Instead of publishing a copy of the proposed by-law, the Coun­ cil may direct the publication of a synopsis of it containing a concise statement of its objects or purposes, the amount of the debt or liability to be created, or the money to be raised by it, how the same is to be payable, and the amount to be raised annually for the payment of the debt and interest. 1953, c. 55, s. 266. who may 267. (1) Where a by-law requires the assent of the electors, then, subject as otherwise provided in subsection (2), only those persons whose names appear on the current list of electors as owner-electors shall be entitled to vote on the by-law, and each such person shall be limited to one vote. The voting shall be by ballot, and the ballot-papers to be used shall contain a concise statement of the objects or purposes of the by-law and shall have printed thereon the phrases "for the by-law" and "against the by-law". Opposite to each such phrase there shall be provided a blank space wherein the voter may mark the cross to indicate his preference. The Council may direct the holding of an advanced poll for voters on the by-law as provided by section 57 of this Act. (2) The Council may, by a resolution passed by not less than two- thirds of all members of Council, provide that all persons whose names appear on the current list of electors shall be entitled to vote from time to time on a by-law requiring the assent of the electors. A resolution passed pursuant to this section shall not be rescinded except by the votes of not less than two-thirds of all members of Council. 1972, c. 67, s. 24.

0 V ow n ir^iectors 267A. (1) Notwithstanding anything contained in this Act (or in eilcto'rs.1 anv by-law passed in pursuance thereof) in the event of any by-law being submitted to the owner-electors of a defined portion or portions of the city pursuant to the powers contained in section 523B, a person whose name is entered on the list of owner-electors but whose name is not entered on the list of electors for any polling district within such defined portion or portions but who could have qualified as an owner-elector on 73 VANCOUVER CHARTER 1-2 ELIZ. 2

property situate in such defined portion or portions may nevertheless vote on such by-law as hereinafter provided. (2) Any owner-elector claiming to be entitled to vote on a by-law pursuant to subsection (1) shall apply to the Deputy Returning Officer or Poll Clerk of the polling district in which the qualifying property is situate and shall complete before the Deputy Returning Officer or Poll Clerk a statutory declaration in the following form:— I hereby apply for a ballot-paper for the vote on [here describe the by-law] and do hereby make oath and say:— 1. That I am duly registered as an owner-elector pursuant to the Vancouver Charter for Polling Division No. 2. That I am qualified to have my name entered on the list of owner- electors for Polling Division No. in respect of property owned by me at 3. That I have not previously marked a ballot-paper with respect to the vote on the by-law referred to above nor will I mark any ballot-paper other than the one hereby applied for, with respect to the vote on the subject referred to above. Declared before me this 'I day of , 19 , at ,[ British Columbia. f J (3) Upon completion of the required declaration the Deputy Re­ turning Officer shall (a) furnish to such owner-elector a ballot-paper and an unmarked envelope; and (6) cause a notation to be made in a special poll-book that a ballot has been given out. (4) The owner-elector after making the ballot shall place it in the unmarked envelope and return the envelope sealed to the Deputy Re­ turning Officer or Poll Clerk. (5) The Deputy Returning Officer or Poll Clerk shall then place the unmarked envelope in a second envelope bearing the declaration completed by the owner-elector, seal such envelope, and place it in a ballot-box provided for the purpose. (6) All such ballot-boxes shall be returned to the Returning Officer at the close of the poll. (7) The Returning Officer shall examine all such declarations to decide whether or not the deponent was entitled to vote pursuant to this section; and the decision of the Returning Officer shall be final. (8) If the Returning Officer shall decide that the deponent was not entitled to vote, the envelope shall be destroyed by him unopened. (9) If the Returning Officer shall decide that the deponent was entitled to vote, the unmarked envelope shall be removed and placed in a ballot-box for counting when all such cases have been dealt with. (10) The Returning Officer shall include votes cast in the above manner in declaring pursuant to section 268 hereof whether a by-law has received assent. 1959, c. 107, s. 16. 1953 VANCOUVER CHARTER CHAP. 55

When assent obtained. 268. The provisions of this Act with respect to contested elections, proceedings after the poll, and recount shall, mutatis mutandis, apply to the voting on a by-law requiring the assent of the electors, and the Returning Officer, after receiving the required statements from the various Deputy Returning Officers, shall add up the votes validly given, and if the votes so given " for the by-law" amount to a majority of all the votes cast, he shall declare that the by-law has received the assent of the electors; otherwise he shall declare that the by-law has failed to receive the assent of the electors. The Returning Officer shall thereupon certify to the Council the number of votes cast for and against the by-law, and the Council shall, if the by-law has received the assent of the elec­ tors, resume consideration of the by-law. 1953, c. 55, s. 268; 1974, c. 104, s. 33.

PART VI

LICENCES Chief Licence Inspector. 269. There shall be a Chief Licence Inspector who, in addition to the powers and duties provided by this Act, shall have such powers and duties as the Council may assign to him from time to time. 1953, c. 55, s. 269; 1968, c. 71, s. 14. taspertion 270. The Chief Licence Inspector shall have power to make or cause all necessary inspections to be made to ascertain whether the provisions of any Statute, regulation, or by-law assigning powers or duties to him or his staff are being carried out in the city. 1953, c. 55, s. 270.

Duty to give access and 271. It shall be the duty of the owner and occupier of any real information. property in the city to give to the Chief Licence Inspector, and to any member of his staff authorized by him for the purpose, such access at any reasonable hour to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable necessary inspection to be made. 1953, c. 55, s. 271.

272. (1) The Council may from time to time make by-laws By-laws to be made for (a) for providing for the licensing of any person carrying on any licensing. business, trade, profession, or other occupation; Fixing fees. (b) for fixing the fee for the granting of any permit or of any licence, which may be in the nature of a tax for the privilege conferred by it; Enforcement. (c) for providing for enforcing payment of any licence fee, and for prohibiting any person from carrying on any business, trade, profession, or other occupation without first being licensed therefor; Regulating fuel-dealers. (d) for regulating persons who sell or deliver fuel, or offer the same for sale or delivery, and for regulating the dimensions 75 .55 VANCOUVER CHARTER 1-2 ELK. 2

and capacity of the boxes or containers on vehicles in which fuel is delivered and for requiring that the capacity of each such box or container shall be plainly marked thereon, and for requiring such persons to furnish a statement with each delivery of fuel showing its price and description and such other information as the by-law may direct, and for providing for the seizure and forfeiture of fuel offered or intended for sale which does not comply with any provision of the by-law, Hours of delivery. and for regulating the delivery of fuel during certain hours and in certain areas as designated in the by-law, and for Weigh-scales. establishing and maintaining public weigh-scales and for fixing the fees to be taken for their use; Special licence re vehicles. (e) for licensing every person using upon any street any vehicle for the purpose of any business, trade, profession, or other occupation, and for classifying such vehicles and giving effect to such classification in fixing the licence fee; Extent of regulation. (/) for regulating every person required to be licensed under this Part, except to the extent that he is subject to regulation by some other Statute; Weight to be fixed. (g) for fixing the weights of loaves or packages of bread sold or offered for sale, and for prohibiting the sale of such loaves or packages having weights other than those so fixed, and for To be requiring that all bread offered for sale shall bear a label labelled. showing the name and address of its manufacturer and the weight thereof, and for requiring that all bread offered for And wrapped. sale shall be wrapped in such manner as is prescribed in the And regulated by-law, and for regulating the manner of handling and deliver­ as to delivery. ing bread in and from bakeries, stores, and vehicles, and for authorizing the seizure and forfeiture of bread which does not comply with any provision of the by-law; Licences in respect of (h) for licensing every person who owns, possesses, or harbours dogs. any dog; Transfer of licences. (i) for regulating the transfer of a licence from a person holding a licence to some other person, and, where permission is given, for prescribing the terms thereof; Revocation. (/') for revoking or suspending any licence; Delegation of power to (k) for delegating to the Chief Licence Inspector, where deemed grant licences. proper, the power to grant a licence in cases where he is satisfied that the applicant therefor has complied with the requirements of the relevant by-laws; Fixing times for payment. (/) for fixing times for the payment of licence fees, and for fixing and imposing a penalty upon persons required to be licensed who fail to pay the licence fee by the times so fixed; Vending- machines. (m) for licensing persons who make available for the operation by other persons any lawful automatic or slot machine used, or intended to be used, for the purpose of vending merchandise 76 1953 VANCOUVER CHARTER CHAP. 55

or services. The persons so licensed may be the owners of such machines or may be the occupiers of the premises where they are operated; Members' clubs. (n) for licensing, regulating, and defining clubs which are not subject to being licensed under this Part as carrying on a business, and for lequiring such clubs at all times to have a manager and for licensing such manager; Solicitors for charity, etc. (o) for licensing persons who solicit or collect gifts or alms, or the promise thereof, for others, whether in the form of money, merchandise, or otherwise, and for preventing such soliciting or collecting on any street without a permit issued under the provisions of the by-law; Charitable and (p) for licensing persons who conduct or manage bazaars, shows, other shows, etc. exhibitions, and entertainments for, or represented to be for, charity or any humanitarian, philanthropic, or patriotic object; Licensee (q) for providing that a licensee under this Part shall not refuse to not to discriminate. sell any goods or furnish any service or accommodation to a person by reason only of such person's race, creed, or colour; Juveniles in (r) regulating the presence of boys or girls less than eighteen pooirooms. etc. years of age in poolrooms, public dance-halls, billiard-halls, or bowling-alleys. (2) Notwithstanding anything to the contrary in this Act or any by­ law under this section, the maximum licence fee for a mobile home park as defined in the Mobile Home Tax Act shall not exceed the amount prescribed under the Mobile Home Act in respect of any one licence period. 1953, c. 55, s. 272; 1960, c. 80, s. 2; 1962, c. 82, s. 7; 1969, c. 45, s. 16; 1977, c. 40, s. 51 (asrenumbered) (proc. eff. Apr. 1, 1978).

Term of licence. 273. A licence shall terminate on the thirty-first day of December of the year in which it is granted, and, save that the licence fee may, if the Council so provides, be reduced by one-half in respect of a person who becomes liable to be licensed only after the thirty-first day of July in any year, there shall be no reduction in the amount of the fee by reason of the shortness of the licence period; provided, however, that where a business, trade, profession, or other occupation is normally carried on in the city for a shorter period than a year, the licence may be granted for such shorter period as the Council decides. 1953, c. 55, s. 273. advanceta 274. Licence fees imposed under this Part shall be payable in advance. 1953, c. 55, s. 274.

Powers discretionary. 275. The granting or refusing of a licence to an applicant therefor, and the revocation or suspension of a licence which has been granted, shall be deemed to be in the discretion of the Council, and the Council may grant, refuse, revoke, or suspend a licence without stating any reason therefor, save in respect of a licensee who by reasonable efforts 77 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

cannot be found, the Council shall not revoke a licence without giving the holder thereof an opportunity to be heard. 1953, c. 55, s. 275.

Licence for each place 276. A person who maintains more than one place at which he of business. carries on a business, trade, profession, or other occupation shall be deemed to be carrying on his business, trade, profession, or other occupa­ tion at each of such places and to be subject to being licensed with respect to each place. 1953, c. 55, s. 276.

Power to suspend. 277. The Chief Licence Inspector shall have power at any time summarily to suspend for such period as he may determine any licence if the holder of the licence (a) is convicted of any offence under any Statute of Canada or of the Province of British Columbia; (b) is convicted of any offence under any by-law of the city with respect to the business, trade, profession, or other occupation for which he is licensed or with respect to the relevant premises; (c) has, in the opinion of the Inspector, been guilty of such gross misconduct in or with respect to the licensed premises as to warrant the suspension of his licence; («/) has, in the opinion of such official, (i) conducted his business in a manner; or (ii) performed a service in a manner; or (iii) sold, offered for sale, displayed for sale, or distrib­ uted to a person actually or apparently under the age of sixteen years any thing that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of sixteen years. Appeal from Any person whose licence has been suspended under this section may suspension. appeal to the Council in accordance with the procedure for that purpose prescribed by by-law, and upon such appeal the Council may confirm or may set aside such suspension on such terms as it may think fit. 1953, c. 55, s. 277; 1972, c. 58, s. 21.

Procedure where sus­ 278. The Chief Licence Inspector may, in any case, recommend to pension or revocation Council in writing the suspension or revocation of any licence, setting recommended. out the reasons for such recommendation. The Council shall not suspend or revoke the licence without previous notice and an opportunity to be heard being given to the holder thereof, except when by reasonable efforts the holder cannot be found. 1953, c. 55, s. 278. provisPonsof 279. Nothing contained in the Government Liquor Act shall prevent not1orappiy tne Council from providing for the licensing of the holder of a licence under the said Act. 1953, c. 55, s. 279.

Shops regulation. 279A. (1) For the purposes of this section, "shop" means any premises wherein any retail trade or business is carried on, and includes 78 VANCOUVER CHARTER CHAP. 55 any building or portion of a building, booth, stall, or place where goods are exposed or offered for sale by retail, or where the business of a barber or hairdresser or the business of a shoe-shine stand is carried on, but does not mean premises where a barber or hairdresser is attending a customer in the customer's residence, or where the only trade or busi­ ness carried on is that of selling medicines, drugs and medical appliances, tobacco and related products, newspapers, magazines, fresh or frozen fruits, fresh or frozen vegetables and other frozen foods, cut flowers, florists' products, soft drinks, dairy products, bakery products, or any one or more of them, or that of automobile dealers, automobile service- stations and garages, or that of an hotel, inn, public house, restaurant, or refreshment-house. (2) The Council may by by-law regulate the days and hours of the day during which shops may remain open or be closed for business during Monday to Saturday, inclusive; provided, however, that the owner or operator of any shop shall not require any employee to work in any shop on more than five days in any one week. Such by-law may classify shops and may differentiate between different classes as to hours and days for opening or closing. (3) Pending the enactment of by-laws pursuant to subsection (2) by the city, every shop shall be closed and remain closed on Monday, Tuesday, Wednesday, Thursday, and Saturday from and after six o'clock in the afternoon and on Friday from and after nine o'clock in the afternoon; provided, however, that if shops are required by Statute to remain closed on any Friday such shops may remain open until nine o'clock in the afternoon of the immediately preceding day. (4) All shops may remain open until nine o'clock in the afternoon on the seven business-days immediately preceding Christmas Day. (5) Notwithstanding the provisions of the Shops Regulation and Weekly Holiday Act or any other Act, the Council may at any time amend or repeal any by-law passed pursuant thereto. (6) The Council may by by-law require that hawkers, pedlars, and hucksters shall not hawk, peddle, or sell any goods, chattels, or merchan­ dise during the period when shops are required to be closed pursuant to this section. (7) Every shop shall be closed for business on the following days, that is to say: Christmas Day and the day immediately following; New Year's Day; Good Friday; Dominion Day; Victoria Day; Labour Day; Remembrance Day; the birthday, or the day fixed by Proclamation of the Governor in Council for the celebration of the birthday, of the reigning sovereign; and any day fixed by the Parliament of the Dominion or appointed by Proclamation of the Governor in Council for a general fast or thanksgiving or as a holiday of general application throughout the Dominion; and any day appointed by Proclamation or Order of the Lieutenant-Governor in Council or the City Council as a holiday. 1957, c. 85, s. 17. 79 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2 of^blfr'ia" 279B. (1) The Council may, by by-law, regulate alarm systems alarms." designed or used to direct attention to a criminal or unlawful act, regulate persons engaged in the business of selling or maintaining such alarm systems and the employees of such persons, and regulate persons possess­ ing or using such alarm systems. (2) In any by-law passed pursuant to this section a Council shall have the power to classify and define alarm systems and differentiate as between classes of systems and shall have the power to pass different regulations with respect to each class of alarm system and the sale, maintenance, possession, or use thereof. (3) The power to regulate granted by this section shall include the power to provide (a) that no person shall sell, maintain, possess, or use an alarm system which has not been approved by a peace officer or municipal employee designated in the by-law; (b) for a system of permits requiring that any person selling, maintaining, possessing, or using an alarm system shall possess a current and valid permit, and for the delegation to the Chief Constable or other peace officer in direct charge of the peace officers providing policing within the municipality the power, in his discretion, to grant, suspend, or cancel any permit; (c) an appeal to the Vancouver Police Board from a decision granting, refusing, suspending, or cancelling any permit; (d) for the charging of a fee or fees in respect to the issuance of a permit and the reinstatement of a suspended permit; (e) that where a person possessing or using an alarm system or his authorized representative does not attend at his premises where an alarm has been activated within one hour of receiving a request to do so made by a member or employee of the Police Force providing policing in the municipality, the person pos­ sessing or using the alarm system shall thereupon become liable to the municipality for an amount not exceeding $25 per hour or portion thereof for each employee and member of the Police Force attending the alarm. 1978, c. 41, s. 19.

PART VII BUSINESS TAX Government 279AA. For the purposes of this Part and section 272, "business, activities. trade, profession or other occupation" does not include an activity carried on by the government, its agencies or government owned corpo­ rations. By-laws to 280. The Council may make by-laws be made. Character of business tax. (a) for providing for an annual tax on every person occupying or using any real property for the purpose of carrying on within the city any business, trade, profession, or other occupation. 80 1953 VANCOUVER CHARTER CHAP. 55

The tax shall be based on the annual rental value of the real properly occupied or used for the purpose of such business, and be known as the " business tax "; Rates. (b) for fixing a rate applicable to all businesses, trades, profes­ sions, and other occupations taxable under this Part; Regulations. (c) for making such regulations pertaining to the assessment of rental value, the collection of the business tax, and all other matters as may be necessary for the proper administration of the business tax; Times and (d) for fixing times for payment and imposing penalties, not penalties. exceeding ten per centum of the amount of the business tax remaining unpaid after the time fixed for payment; Exemptions. (e) for exempting from the business tax such persons as may be deemed proper; Complaints against (/) for providing for the establishment of a tribunal to hear and assessments. determine complaints against the business-tax assessment roll and determining the procedure in respect thereto, including provision for an appeal therefrom to a Judge; Changes in tenancy to (g) for requiring every tenant, and every owner or agent renting be notified. premises to any person, to notify the business tax supervisor appointed by the Council within seven days of the commence­ ment of any tenancy or change in tenancy. 1953, c. 55, s. 280; 1969, c. 45, s. 17; 1974, c. 114, s. 17.

Access and information 281. The Council may make by-laws for compelling owners and to be given. occupiers of real property (a) to permit persons designated in the by-law for the purpose to enter upon and examine such real property at any reasonable time for the purpose of ascertaining whether the owners or occupiers are liable to pay the business tax in respect thereof and of ascertaining the rental value thereof; (b) to furnish to such persons any information reasonably required for such purpose. 1953, c. 55, s. 281. Interest on unpaid taxes. 282. (1) Any business tax, together with penalties imposed pur­ suant to paragraph (d) of section 280, which remains unpaid on Decem­ ber 31 in the year in which it becomes due shall thereafter bear interest at a rate prescribed by a by-law enacted pursuant to subsection (2). (2) Council may from time to time by a by-law passed not later than September 30 in any year impose the interest referred to in subsection (1) which shall take effect in the year following its enactment. Such interest rate shall not be greater than 4 percentage points above the prime interest rate prevailing on July 31 of the year of its enactment, as determined from the City's principal bankers. 1978, c. 41, s. 20.

Status of owner- 283. An occupier of real property shall not be freed from liability occupier. for business tax by reason only of the fact that he is the owner of such real property. 1953, c. 55, s. 283. 81 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Tax a debt. 284. The business tax imposed under the provisions of this Part shall be a debt recoverable in any Court of competent jurisdiction, but the same shall not constitute a charge upon the real property occupied or used. 1953, c. 55, s. 284.

Services Included. 285. Annual rental value shall be deemed to include the cost of providing heat and other services necessary for comfortable use or occupancy, whether the same be provided by the occupant or owner. 1953, c. 55, s. 285.

Basis of 286. In assessing annual rental value, all factors shall be taken into assessment. account so that as far as possible premises similar in size, suitability, advantage of location, and the like shall be equally assessed. The intent and purpose of this section is that all persons subject to business tax shall be assessed at a fair rental value of the premises occupied or used, based in general upon rents being actually paid for similar premises. 1953, c. 55, s. 286. companies 287. Notwithstanding anything to the contrary contained in any Habie for tax. other Act, a company registered under the Trust Companies Act and a licensed insurer under the Insurance Act shall be liable to the business tax. 1953, c. 55, s. 287.

PART VIII

PUBLIC WORKS

«atui:n8in"r s 288- Tnere shaJ1 be a Citv Engineer appointed by the Council who shall have such duties and powers in addition to those prescribed by Statute as the Council may from time to time designate. 1953, c. 55, s. 288.

Streets and parks vested 289. (1) Unless otherwise expressly provided, the real property in city. comprised in every street, park, or public square in the city shall be absolutely vested in fee-simple in the city subject only to section 291A of this Act; provided that section 5 of the Highway Act shall not apply to any street, park, or public square aforesaid; provided further, how­ ever, that it shall be lawful for the city to acquire from any person rights or easements for street, park, or public square purposes less than the fee-simple, whether on, above, or below the surface of any real property owned by such person. (2) In the application of section 107 of the Land Titles Act to a subdivision of land in the City of Vancouver, section 107 shall be construed as if for the words (a) "land" and "highway", wherever they occur, "real property" and "street", respectively, were substituted, and (b) "Crown in right of the Province,", in the first line of sub­ section (1) (d), were substituted "City of Vancouver,". 82 1953 VANCOUVER CHARTER CHAP. 55

(3) The Registrar of the Vancouver Land Titles District may accept evidence of a transfer of any real property in the city for street, park, or public square purposes in the form of a conveyance duly exe­ cuted by all persons required by law to execute a conveyance thereof or by a plan only, if so executed, in lieu of or in explanation of a conveyance to the city of such real property if such plan is otherwise satisfactory to the Registrar aforesaid. The Registrar may require that such plan shall show the boundaries of any land remaining in the parcel after such transfer. 1953, c. 55, s. 289; 1953 (2nd Sess.), c. 47, s. 5; 1958, c. 72, s. 16; 1973, c. 93, s. 23; 1978, c. 25, ss. 331, 333 (proc. eff. Oct. 31, 1979).

Protection of streets. 290. No person shall excavate in, cause a nuisance upon, encumber, obstruct, injure, foul, or otherwise damage a street, except under such terms and conditions as may be imposed by the Council. 1953, c. 55, s. 290. 291. The Council may provide Provision for establishing (a) for establishing, laying out, opening, maintaining, and improv­ streets. ing streets, and for determining the width and boundaries of streets; Stopping up. (b) for stopping up any street, or part thereof, and, subject to section 190, for disposing of any street, or part thereof, so stopped up; Diverting. (c) for widening, altering, or diverting a street or part thereof; Prohibiting obstructions. (d) for the prohibition and removal of any unauthorized encroach­ ment or obstruction under, upon, or over a street, or any part thereof; Grades. (e) for establishing a grade or level for any street, or any part thereof, and for making a charge for providing particulars of such grade or level; Bench-marks. (/) for establishing and maintaining survey monuments and bench-marks; (g) for regulating Access to and from streets. (i) the means of access to and from the street of any parcel abutting thereon and providing for the use of so much of the street as may be designated for the purpose of such access; Encroach- rrents on (ii) encroachments for a stipulated length of time upon, •treets. under, or over a street, upon such terms as to rental, indemnity, or otherwise as may be prescribed, and, where it is deemed necessary, upon con­ dition that the city shall have a registered charge upon the parcel to which such access or encroachment is appurtenant for the due performance of any term so prescribed and for the payment of any sums of money due the city for rental or otherwise, and for providing that any such sums may be 83 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

inserted in the real-property tax roll as a charge imposed with respect to such parcel. Any provision in an agreement with the city purporting to create a charge against any parcel afore­ said, for the due performance of any terms prescribed as aforesaid, or for the payment of any sums of money aforesaid, may be registered as a charge against the interest in such par­ cel of the person making the agreement; Snow and ice removal (h) for requiring the owner and occupier of any real property to from roofs. remove snow and ice from the roof or other part of any structure thereon; From sidewalks. (i) for requiring the owner of such real property, as may be designated by by-law, to remove snow and ice from the sidewalk adjacent to such real property and, in case of his de­ fault, for removing such snow and ice at the expense of the owner and for recovering the expense of such removal from the person so defaulting; Cleanliness of streets. (/) for prohibiting persons from depositing upon a street or on any other land without the approval of the owner any rubbish, sweepings, paper, hand-bills, refuse, or other discarded mate­ rials or things; Ornamental trees. (k) for regulating the planting and care of shade or ornamental trees upon a street, and for prohibiting the injury or destruc­ tion of such trees; Their trimming. (/) for causing any tree upon a street to be trimmed or removed when deemed necessary in the public interest; Watercourses not to be (m) for prohibiting any person from obstructing or impeding the obstructed. flow of any stream, creek, watercourse, drain, or sewer; Maps may be used. (n) for the use of maps of real property, approved by the City Engineer, in a by-law in place of, or in addition to, a detailed description of such real property. 1953, c. 55, s. 291; 1955, c. 114, s. 9; 1966, c. 69, s. 10; 1972, c. 67, s. 25; 1973, c. 93, s. 11.

Access to property and 291A. (1) A resolution shall not be passed for stopping up, altering, right to purchase. or diverting any street or part thereof if the effect of such resolution will be completely to deprive any owner of the means of ingress to or egress from any real property owned by him abutting such street unless in addition to making compensation to such owner, as provided in Part XXVI of this Act, another convenient means of access to his real prop­ erty is provided, the sufficiency of which, for the purposes of this section only, shall be in the sole discretion of the Council; provided that where the owner consents in writing to the stopping-up, altering, or diverting of any street aforesaid the provisions of this subsection shall not apply to any resolution providing for the same. For the purposes of this section, the word " owner " means an owner as defined by the Land Titles Act. 84 VANCOUVER CHARTER CHAP. 55

(2) Where a street which has been stopped up, altered, or diverted, whether opened, maintained, or improved by the city or not, was one originally acquired by the city without any payment therefor and the Council determines to dispose of such street, the price at which it is to be disposed of shall be fixed by the Council, and the owner of the real property which abuts on it shall have the right to purchase the same at that price. (3) Where there is more than one abutting owner, each shall have the right to purchase so much of the real property comprising such street or portion of street so stopped up as Council may decide, and the price fixed by Council aforesaid shall be apportioned between the parcels to be disposed of accordingly. (4) If an owner does not exercise his right to purchase within such period as may be fixed by the resolution or any subsequent resolution, the Council may dispose of the part which he has the right to purchase to any other person at the same or greater price. (5) Where the real property of an owner abutting a street stopped up by resolution also abuts any other street which the Council desires to widen, alter, or divert and requires for that purpose a portion of the real property aforesaid, the Council may, notwithstanding the provisions of subsections (2) and (3) hereof, exchange therefor so much of the real property comprising the street so stopped up for the real property so required as aforesaid as may be mutually agreed upon with such owner. (6) Where an owner acquires a portion of a street pursuant to this section or otherwise, the Council shall direct as a condition of the dis­ posal thereof that such owner consolidate the portion so acquired with the real property owned by him abutting the street or part thereof so stopped up. (7) Upon the deposit in the land titles office of a copy of the resolution stopping up, altering, or diverting any street or part thereof, certified as such by the City Clerk, accompanied by a plan showing thereon the street or part thereof so stopped up, altered, or diverted, together with a conveyance of the whole or any part thereof completed in accordance with the requirements of the Land Titles Act and the forms and fees prescribed under that Act, the registrar shall, notwith­ standing sections 107 and 108 of the Land Titles Act or section 289 (2) of this Act or the provisions of any other Act, and whether the city appears on the records of the land titles office as the owner or not, on finding a good, safeholding marketable title in fee-simple in the applicant, register the real property described in the said conveyance in the name of the grantee therein and issue to him a certificate of inde­ feasible title thereto. Any conveyance executed under this section shall have effect as a Crown grant. (8) Where the city is the owner of any real property abutting the street or portion thereof stopped up, diverted, or altered by the Council 85 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

pursuant to this Act, the provisions of this section shall, mutatis mutandis, apply to the city as such owner or applicant, but in any such case it shall not be necessary for the city as the applicant to deposit in the land titles office the conveyance referred to in subsection (7) hereof, and the Registrar aforesaid shall forthwith register the real property in the name of the city. 1958, c. 72, s. 17; 1963, c. 60, s. 7; 1973, c. 93, s. 24; 1978, c. 25. ss. 331, 332, 334 (proc. efr. Oct. 31, 1979). amSnst 291B. In case any person is dissatisfied with any decision of the Reefstrar" Registrar of the Vancouver Land Titles District under the provisions of this Act, such person may, within twenty-one days of the receipt of notice of such decision, appeal to a Judge of the Supreme Court in a summary way by petition, and section 288 of the Land Titles Aci shall, mutatis mutandis, apply to such appeal. 1958, c. 72, s. 18; 1978. c. 25, ss. 333, 335 (proc. efT. Oct. 31, 1979). control0" 292. (1) For the purpose of regulating the subdivision of land, the Council may make by-laws (a) regulating the area, shape, and dimensions of parcels of land and the dimensions, locations, alignment, and gradient of streets in connection with the subdivision of land, and may make different regulations for different uses and for different zones of the city; (b) prescribing minimum standards with respect to the matters con­ tained in clauses (a) and (d); (c) requiring that a proposed subdivision (i) be suited to the configuration of the land being sub­ divided; and (ii) be suited to the use for which it is intended; and (iii) shall not make impracticable the future subdivi­ sion of the land within the proposed subdivision or of any adjacent land; (d) requiring that the streets within the subdivision be cleared, graded, drained, and surfaced to the prescribed standard; (e) requiring that a water-distribution system, a sanitary sewage- collection system, or storm-water collection system or a com­ bined sewage-collection system, or any of them, be provided in accordance with standards set out in the by-law, and requiring that provision be made for the connection of such systems with the established systems of the city, but if the city requires that any mains of such systems be of a diameter in excess of that required to service the subdivision, the city shall assume and pay the cost of providing the excess capacity; (/) requiring that all power-lines, telephone-lines, or any other wires or cables shall be installed underground. The by-law 86 1953 VANCOUVER CHARTER CHAP. 55

may provide that the Council shall have power to waive this requirement where the applicant for the subdivision would be put to an unreasonable expense; (g) for providing that (i) upon any subdivision of a parcel of land exceeding twenty acres there shall be conveyed to the city, without com­ pensation, a portion of such land for park or recreation pur­ poses other than streets, such portion not to exceed ten per centum of the land included in the subdivision; (ii) the size, dimensions, and location of the portion of the land to be conveyed to the city shall be determined by the approving officer; (iii) the Council may accept in lieu of the conveyance to the city of the lands to which it is entitled hereunder, or any portion thereof, the payment of a sum of money equivalent to the actual value of such land or portion thereof immediately prior to the subdivision; (iv) the conveyance to the city of the lands to which it is entitled hereunder shall contain a provision that such lands may be sold, leased, or otherwise alienated by the Council after the expiration of three years from the date of the conveyance; (v) a further subdivision of the lands included in a sub­ division, a portion of which has been conveyed to the city for the purposes aforesaid, shall not be subject to the provisions of a by-law passed pursuant to clause (g); (vi) all moneys received by the city pursuant to the pro­ visions of clauses (iii) and (iv) shall be held in trust and used only for the purpose of providing public park or recreation facilities. (2) The owner of land being subdivided shall provide, without com­ pensation, land for streets in accordance with a by-law under subsection (1). (3) The approving officer may refuse to approve a subdivision plan if he is of the opinion that the cost to the city of providing or maintain­ ing public utilities or other municipal works or services would be excessive. (4) Where any provision of, or made under, the Land Titles Act or any other Act with respect to the subdivision or resubdivision of real property, or the approval, acceptance, or refusal thereof, is inconsistent with any provision of a by-law passed pursuant to this section, the provision of the by-law shall prevail. 1953, c. 55, s. 292; 1965, c. 68, ss. 24, 25; 1966, c. 69, s. 11; 1970, c. 54, s. 19; 1977, c. 30, s. 148 (proc. efT. Sept. 30, 1977); 1978, c. 25, s. 332 (proc. eff. Oct. 31, 1979). Aro«du?ed 293. There shall be an appeal to a Judge of the Supreme Court in Chambers by any person who is aggrieved by the approval of, or the 87 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

refusal to approve, a subdivision or resubdivision pursuant to a by-law made pursuant to section 292. (a) A person so aggrieved may, within twenty-one days after the receipt by him of notice of such approval or refusal, apply to the Judge in a summary way by petition supported by affidavit, stating all the facts of the case, and that to the best of the information, knowledge, and belief of the deponents such facts have been fairly disclosed: (b) All parties interested, including the city, shall be served with the petition, together with all material intended to be used at the hearing of the appeal: (c) At least ten days' notice shall be given of the time and place of hearing, and all parties interested may appear and be heard: (d) The Judge may make any order he sees fit as to the notification of other parties of the hearing, and upon the hearing may make such order not inconsistent with the by-law as may be just in the premises, and may make such order as to the costs of the parties appearing as he may see fit. 1953, c. 55, s. 293.

Limitation of actions. 294. (1) All actions against the city for the unlawful doing of any­ thing purporting to have been done by the city under the powers con­ ferred by any Act of the Legislature, and which might have been lawfully done by the city if acting in the manner prescribed by law, shall be com­ menced within six months after the cause of such action shall have first arisen, or within such further period of time as may be designated by the Council in any particular case, but not afterwards. (2) [Repealed. 1975, c. 37, s. 16 (eff. July 1, 1975).] (3) The city is in no case liable for damages unless notice in writing, setting forth the time, place, and manner in which such damage has been sustained, shall be left and filed with the City Clerk within two months from and after the date on which such damage was sustained; provided that in case of the death of a person injured the want of a notice required by this subsection is not a bar to the maintenance of the action. The want or insufficiency of the notice required by this subsection is not a bar to the maintenance of an action if the Court or Judge before whom such action is tried or, in case of an appeal, the Court of Appeal is of opinion that there was reasonable excuse for the want or insufficiency and that the city has not been thereby prejudiced in its defence. 1962, c. 82, s. 8; 1975, c. 37, s. 16 (eff. July 1, 1975).

294A. [Repealed. 1975, c. 37, s. 16 (eff. July 1, 1975).]

Remedy over. 295. In case an action is brought against the city to recover damages sustained by reason of any obstruction, excavation, or opening, or cover­ ing, or overhead structure, in or near to or over a street, placed, made, left, or maintained by any person, other than a servant or agent of the city, or to recover damages sustained by reason of any negligent or 88 1953 VANCOUVER CHARTER CHAP. 55

wrongful act or omission of or failure to comply with the provisions of any Statute or by-law of the city, or any contract, covenant, or agreement by any person, other than a servant or agent of the city, the city shall have a remedy over against such person, and may enforce payment accordingly of the damages and costs, if any, which the plaintiff in the action may recover against the city. 1953, c. 55, s. 295.

S^?dpuare.y 296. The city shall be entitled to such remedy over in the same action if the other person is made a party to the action, and if it is estab­ lished in the action as against such other person that the damages were sustained by reason of an obstruction, excavation, or opening in or near to a street so placed, made, left, or maintained by him, or by reason of any negligent or wrongful act or omission of any person, other than a ser­ vant of the city; and the city may in such action have the other person added as a party defendant or third party for the purposes hereof (if not already a defendant in the action jointly with the city); and the other person may defend such action as well against the plaintiff's claim as against the claim of the city to a remedy over; and the Court or Judge, upon the trial of the action, may order costs to be paid by or to any of the parties thereto, or in respect of any claims set up therein, as in other cases. 1953, c. 55, s. 296. bVcfty" "aid 297. If such other person be not a party defendant to such action, or be not added as a party defendant or third party, or if the city has paid the claim for such damages before any action is brought to recover the same, of before any recovery of damages or costs against the city therein, the city shall have a remedy over by action against such other person for such damages and costs as have been sustained by reason of any obstruc­ tion, excavation, or opening placed, made, left, or maintained by such other person. 1953, c. 55, s. 297. when^vaudity 298. Such other person shall be deemed to admit the validity of the applies. judgment, if any, obtained against the city in cases only where a notice has been served on such other person pursuant to the provisions of the Rules of Court in that behalf, or where such other person has admitted or is estopped from denying the validity of such judgment. 1953, c. 55, s. 298.

recovery"of 299. Where no such notice has been served, and there has been no such admission or estoppel, and the other person has not been made a party defendant or third party to the action against the city, or where such damages have been paid without action or without recovery of judgment against the city, the liability of the city for such damages, and the fact that the damages were sustained by reason of an obstruction, excavation, or opening placed, made, left, or maintained by the other person, must be established in the action against such other person to entitle the city to recover in such action. 1953, c. 55, s. 299. 89 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Water 300. The Council may provide Acquisition and distribu­ (a) for acquiring water from the Greater Vancouver Water Dis­ tion of water. trict, or elsewhere, and for distributing, supplying, and making it available for use to persons within the city at such rates and upon such terms and conditions as may be provided by by-law, and for differentiating as to such rates, terms, and conditions among various classes of persons and uses as may be provided by by-law; Water system. (b) for the construction, installation, maintenance, repair, and regulation of a system of water-mains and other water-pipes, including valves, fittings, hydrants, meters, and other neces­ sary appliances and equipment, for the purpose of such distri­ bution and supply, and for acquiring real property and ease­ ments therefor; Recovery of charges. (c) for compelling payment of the rates for such water and any other charges prescribed by the by-law; Collectable as taxes. (d) for authorizing the insertion in the real-property tax roll of any water rates as charges imposed with respect to the parcel upon which the water was used, or to which it was made avail­ able for use; Water-main rental. (c) for requiring any owner or occupier of any parcel of real property abutting on any street in which a water-main is installed to pay a reasonable rental therefor to the city whether water is supplied to such parcel or not; Water connections. (f) for the installation of a connection to any parcel of real property abutting on any street in which a water-main is installed, from such main, and for fixing the fees therefor and the terms and conditions upon which such a connection shall be installed; Abutting parcels to be (g) for compelling the owner and occupier of any parcel of real connected. property abutting on any street in which a water-main is installed to install an effective connection with such main; Supply may be interfered with. (h) that supply of water in the whole or any part of the city may be diminished or restricted or, if deemed necessary, cut off during such period as may be specified without giving rise to any claim against the city; Inspection. (/) that a person authorized for the purpose by the city shall have reasonable access to any part of any premises in order to inspect any water-pipe, meter, appliance, or fixture upon such premises. 1953, c. 55, s. 300. Wharves Provision of wharves. 301. The Council may provide for acquiring, leasing, constructing, repairing, improving, and maintaining wharves and slips for the use of the city, and for permitting persons to use the same, or any part thereof, upon such terms as may be prescribed. 1953, c. 55, s. 301. 90 1953 VANCOUVER CHARTER CHAP. 55

Sewers and Drains 302. The Council may provide Sewerage and drainage (a) for the construction, installation, maintenance, repair, and •ystem. regulation of a system of sewerage and drainage, including all necessary appliances and equipment, and for acquiring real property and easements therefor; Course of sewers and (b) for conducting any sewer or drain beyond the limits of the drains. city, or into the waters of Burrard Inlet, English Bay, Georgia Strait, or the North Arm of the Fraser River; Sewer rental. (c) for requiring any owner or occupier of any parcel of real property (which is capable of being served by a sewer or drain in any abutting street) to pay a reasonable rental therefor to the city whether or not the parcel is connected with such sewer or drain; Charges to be paid. (d) for compelling the payment of such rentals and any other charges as may be prescribed; Connection may be (f) for compelling the owner or occupier of any parcel of real required. property abutting on any street in which a sewer or drain is laid to install an effective connection with such sewer or drain, and that the fee for such connection as prescribed by by-law shall be charged against the parcel served thereby by inserting in the real-property tax roll as a charge imposed with respect to such parcel such annual amounts and for such number of years as the by-law may provide; Provision for installation. (/) for the installation of a connection to any parcel of real property abutting on any street in which a sewer or drain is installed, from such sewer, and for fixing the fees therefor and the terms and conditions upon which such connections shall be installed; Terms of unstopping (g) for the unstopping of any such connection, and for requiring connections. that the applicant therefor shall bear the cost of such unstop­ ping, except where it becomes necessary through default on the part of the city; Connections to new sewers. (A) that when a new sewer or drain is installed in any street, a connection from the sewer or drain to the street-line shall then be installed opposite each taxable parcel of real property abut­ ting on such street and having thereon any building, and that any work upon the said parcel necessary to join such connec­ tion effectively to any building shall be done as part of the work of installing the said connection and for providing that the fee for such connection as prescribed by by-law shall be charged against the parcel so served by inserting in the real- property tax roll as a charge imposed with respect to such parcel such annual amounts as the by-law may provide; Charges payable in (/) that the registered owner of any parcel abutting on any street annual amounts. wherein is already installed a sewer or drain who may desire to 91 CHAP. 55 VANCOUVER CHARTER 1-2 Euz. 2

have such a connection installed to serve such parcel may, by writing, charge the said parcel with the cost of such connection in such annual amounts as the by-law may prescribe, and that such amounts may be inserted in the real-property tax roll as a charge imposed with respect to such parcel; Septic tanks. (/) for regulating the installation and use of septic tanks, and for prohibiting their use where sewers are available, or where their use might constitute a menace to health; Sewage and surface-water (k) for making such regulations for the disposal of sewage and disposal. surface water as is deemed necessary in the interest of health and sanitation; Watercourses. (/) for widening, deepening, straightening, diverting, or other­ wise improving natural and other watercourses and protecting the same from encroachment and injury; Their position. (m) for determining the position of such watercourses, whether upon city property or upon priviately owned property, and for incorporating them in the city's drainage system; Sewage- disposal (ra) for establishing and maintaining within or without the city plant. a system of sewage-disposal by means of works designed for the processing and purification of sewage and for the sale or other disposition of the resulting products. 1953, c. 55, s. 302; 1959, c. 107, s. 17; 1962, c. 82, s. 10.

Scavenging 303. The Council may provide Scavenging system. (a) for establishing and maintaining a system for the collection, removal, and disposal of garbage, ashes, refuse, and other discarded matter, and for acquiring such real property within or without the city, and for erecting, equipping, managing, and maintaining such buildings, incinerators, machinery, and plant thereon as may be necessary for any of the purposes of this clause; Persons required (b) for compelling persons to make use of such system for the to use system. disposal of garbage, ashes, refuse, and other discarded matter; Terms of user. (c) for prescribing the terms and conditions upon which persons may make use of such system, and for requiring all persons to conform thereto, and for fixing charges for such collection, removal, and disposal and for enforcing payment thereof; Classification of garbage, (d) for defining and classifying persons making use of such system etc. and defining and classifying garbage, ashes, refuse, or other discarded matter for the purpose of the by-law, and for dif­ ferentiating among the various classes of persons and of dis­ carded matter as to the terms and conditions upon which persons may make use of the system and as to the charges so fixed; 92 1953 VANCOUVER CHARTER CHAP. 55

Contracting for scaveng­ (e) for entering into contracts with persons for all or part of such ing service. collection, removal, and disposal upon terms and conditions prescribed by the Council; Garbage collection. (/) for regulating persons engaged in the business of collecting garbage, ashes, refuse, and other discarded matter, and regu­ lating the means of disposal employed by persons who dis­ pose of their own garbage, ashes, refuse, and other discarded matter. 1953, c. 55, s. 303; 1960, c. 80, s. 3.

PART IX

BUILDINGS

Interpre­ tation. 304. In this Part, unless the context otherwise requires, " building " includes structures of every kind, excavations in respect of any structure, and everything so attached to a structure as to constitute it real property; " construction " includes erection, repair, alteration, enlargement, addition, demolition, removal, and excavation. 1953, c. 55, s. 304; 1963, c. 60, s. 8.

Sspe"cwrdin8 305- Thzte sha11 be a City Building Inspector appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe. 1953, c. 55, s. 305; 1958, c. 72, s. 19.

306. The Council may make by-laws By-laws regulating (a) for regulating the construction of buildings construction. (i) where the safety of persons or property is concerned; (ii) where the health of occupants or others is con­ cerned; (iii) where the protection of persons or property against fire is concerned; Scaffolding. (b) for regulating the construction and use of scaffolding in con­ nection with any building; Use of street during (c) for regulating the temporary use or occupancy of any portion construction. of a street for the more convenient construction of a building, upon such terms as to rental, length of use or occupancy, or otherwise as may be prescribed, and for the temporary closing of such portion of a street so used or occupied; Classification of buildings. (d) for classifying buildings and parts thereof, and differentiating between classes as to the regulations applicable to the respec­ tive classes; Permit to be obtained. (e) for prohibiting any person from commencing the construction of any building, or part thereof, until he has obtained a permit therefor from the City Building Inspector; 93 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Conditions of permit. (/) for fixing the terms and conditions upon which the City Build­ ing Inspector may issue, cancel, or suspend building or other permits, including the fees to be charged therefor and the building, surveyor's, or other plans, specifications and particu­ lars to be submitted with applications for building permits; Certification of fitness. (g) for providing that no building or designated part thereof shall be occupied or used during construction or thereafter until the City Building Inspector has certified that the building has been completed in conformity with the by-laws of the city and is fit for occupancy or use; Powers of inspection. (h) for providing for the inspection of all buildings during the course of construction and thereafter as occasion may require, and for empowering the City Building Inspector, and anyone authorized by him, to enter any premises at any reasonable time for the purpose of such inspection; Standards for dwellings. (/) for fixing standards of fitness for human habitation to which all dwellings, whether single or multiple, shall conform, and for requiring the owners of dwellings to make the same con­ form to any such standards, and for prohibiting the use or occupancy of dwellings which do not conform with any standard so fixed, and for providing (after the giving of notice as hereinafter provided) that in default of such conformation to such standards the city may by its workmen or others enter and effect such repairs, renovations, or alterations as are necessary to make the dwellings conform to such standards at the cost of the person so defaulting; no such work shall be undertaken by the city until the expiration of 60 days after the date of service of a notice to that effect has been given by regis­ tered mail to the owner or has been posted on the premises; Removal of non-conform­ (/) for providing for the demolition or removal, in whole or in ing structures. part, at the expense of the owner of the parcel on which it is constructed, of any building, or of any part thereof, in cases where its construction has failed in any respect to comply with the provisions of any by-law, and for providing that the cost of such demolition or removal may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of such cost in the real-property tax roll with respect to such parcel; (*) [Repealed. 1964, c. 72, s. 9.] Plumbing and heating (/) (i) for regulating the installation or alteration of plumbing and facilities. heating facilities in and about buildings and premises, includ­ ing the materials to be used and the drains, pipes, and all means of connections with sewers, water-mains, and chimneys and the fixtures and apparatus in connection therewith; (ii) for fixing standards for plumbing and heating facili­ ties and for ordering the removal or repair of any such facili­ 94 ties that do not comply with that standard; 1953 VANCOUVER CHARTER CHAP. 55

Sewer and water connec­ (m) for requiring that with respect to designated areas the owners tions required. of all premises therein which are used, or intended to be used, for human occupation shall at all times be effectively con­ nected to a sewer or water-main, or both; Tests for plumbers. (n) for constituting a board of examiners for persons desiring to engage in the trade of plumber, and for empowering such board to grant to any person found by the board to be a com­ petent plumber a certificate of registration after such tests as may be required of him, and for making it unlawful for any person to engage in the trade of plumber unless he is the holder of such a certificate; Gas or oil appliances. (o) for regulating the installation and use of gas or oil ranges, gas or oil heaters, gas or oil furnaces, and other appliances using gas or oil for the production of heat, and the piping and other apparatus connected therewith; Fire limits. (p) for establishing areas to be known as "fire limits," and for regulating the construction of buildings in each of such areas in respect of precautions against the danger of fire, and for discriminating and differentiating between the areas as to the character of buildings permitted in each of them, and for pro­ hibiting the construction of any building within any such area unless it conforms with the regulations provided for it; Unsafe buildings may (q) for providing for the demolition or removal, in whole or in be removed. part, or the amendment at the expense of the owner thereof, of any building certified by the City Building Inspector to be a fire-hazard or structurally unsafe or a menace to health, and for that purpose to authorize any workmen or others to enter upon the premises and carry out such demolition, removal, or amendment; Off-street parking for (r) for requiring that in the construction of any building suitable other buildings. provision shall be made off the street to accommodate such number of motor-vehicles as the Council may by by-law pre­ scribe, and for defining and classifying such buildings, and for differentiating and discriminating according to such classifica­ tion in respect of the accommodation to be provided as afore­ said; Off-street loading and (s) for requiring that in the construction of any building used for parking for commercial commercial or industrial purposes, or where by the nature of buildings. its proposed use quantities of articles, materials, or merchan­ dise will be delivered to or taken from such building, suitable provision shall be made off the street for accommodating such number of vehicles as the Council may prescribe and for off- street loading and unloading of articles, materials, or mer­ chandise delivered to or taken from such building, and for defining and classifying such buildings, and for differentiating and discriminating according to such classification in respect 95 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

of such provision, and, in the discretion of the Council, for designating the areas where such provision shall be required, as aforesaid and for providing that in the discretion of the Council the by-law provision enacted pursuant to this para­ graph may be waived and, in lieu thereof, Council may by by­ law accept payment of such sum of money as may be deemed appropriate by Council; Excavations to be guarded. (0 for compelling owners of, or building contractors in respect of, any real property on which there is any excavation likely to be dangerous to children or others to keep the same effectively fenced or enclosed or under the care of a watchman; Undue cost of services (M) for prohibiting the construction of any building for residential, may prevent certain uses. commercial, or industrial purposes on land where by reason of its low-lying, marshy, or unstable character the cost of installing water, sewage, or drainage facilities is in the opinion of the Council unduly great; Non-conform­ ing building (v) for acquiring any real property being used for a purpose, or maybe acquired. upon which is erected a structure, which does not conform with the provisions of any by-law relating thereto, and for disposing of the same upon such terms as may be just; National Code may be (w) for adopting, where they are not inconsistent with this Act, any adopted. or all of the regulations or specifications of any or all of the following:— (i) National Building Code of Canada and the National Fire Code of Canada: (ii) Canadian Standards Association: (iii) American Society for Testing Materials either in place of or in addition to any regulations provided for in this Part; Street numbers may be (x) for assigning and, where deemed necessary, reassigning street assigned. numbers to parcels of real property abutting on any street and to the buildings on such real property, and for providing that a record be kept by the city of such numbers so assigned or reassigned; Sale of goods and chattels. (y) for providing for the disposal or storage of any goods or chattels situate in any building ordered by the City Building Inspector to be demolished and for the recovery of any costs or expenses incurred for such disposal or storage by sale of the goods or otherwise. The proceeds from the sale of such goods or chattels over and above any costs or expenses in­ curred shall be held in trust for the owner. 1953, c. 55, s. 306; 1954, c. 65, s. 3; 1958, c. 72, s. 20; 1959, c. 107, s. 18; 1960, c. 80, s. 4; 1962, c. 82, s. 11; 1963, c. 60, s. 9; 1964, c. 72, ss. 9, 10; 1966, c. 69, s. 12; 1974, c. 104, s. 34; 1978, c. 41, ss. 21,22. 96 1953 VANCOUVER CHARTER CHAP. 55

Provisional repeal of 306A. [Subject to the provisions of section 574 (3) of the Vancou­ s. 306A. ver Charter as enacted by section 20 of the Statutes of 1959, section 306A is repealed; provided that (a) such repeal shall not affect the validity of any by-law or reso­ lution in force at the time this Act comes into operation; (b) such repeal shall not affect any legal proceedings or actions commenced before this Act comes into operation. 1959, c. 107, s. 21.] Building Board of 306B. Council may, by by-law, establish a Building Board of Appeal Appeal. and may empower such Building Board of Appeal to determine such matters, relating to by-laws prescribing requirements for buildings, as to Council seem appropriate. Any decision of the Building Board of Appeal shall be final and no appeal shall lie therefrom. 1978, c. 41, s. 23.

Eviction of tenants may 307. Where a demolition or removal is undertaken pursuant to be effected. clause (/') or (q) of section 306 and any occupants of the building refuse to vacate the premises, they may be evicted upon such notice as the Council may prescribe. If, at the expiration of such notice, any occupant remains on the premises, the Mayor may direct a warrant to the Chief Constable requiring him to remove such occupant and his effects, and the Chief Constable shall, using such force as is necessary, cause them to be removed accordingly. 1953, c. 55, s. 307; 1962, c. 82, s. 13. Taxes may 308. Where in any year a building has been demolished or removed be remitted. pursuant to clause (/') or (q) of section 306, the Council may remit so much as it sees fit of the taxes levied in that year in respect of such building. 1953, c. 55, s. 308.

PART X

FIRE PREVENTION AND CONTROL fire Department 309. There shall be a Fire Department of the city, the head of which established. shall be the Fire Chief appointed by the Council. 1953, c. 55, s. 309. 310. The Council may Appointment of staff. (a) provide for the appointment of such other members of the Fire Department as may from time to time be necessary; Acquisition of buildings. (ft) acquire real property and erect and maintain buildings thereon for the use of the Fire Department or any other purpose authorized by this Part; Equipment. (c) acquire such vehicles, engines, vessels, appliances, and other fire-fighting equipment as may be necessary for the purposes of the Fire Department; Communica­ tion systems. (d) establish, acquire, equip, and maintain fire-alarm and police- patrol signal systems and such other systems of communica­ tion as may be considered necessary; 97 .55 VANCOUVER CHARTER 1-2 ELIZ. 2

Entering into agreements (e) make agreements with other municipalities or with the Pro­ with other municipalities vincial or Federal Government for the use of the city's fire- fighting equipment, or any of it, and of the necessary members of the Fire Department, in such other municipalities, upon such terms and conditions and for such remuneration as may be agreed upon; Agreement Willi owners (/) enter into agreements with owners or occupiers of property or occupiers situate outside of the limits of the city for the providing of fire protection to such property and for the collecting of such charges therefor as may be agreed upon. 1953, c. 55, s. 310; 1957, c. 85, s. 8. By laws for— 311. The Council may make by-laws Fnabling entry on (a) for providing that any member of the Fire Department author­ premises ized by the Fire Chief may at any reasonable time enter any building or premises, or any part thereof, for the purpose of inspecting the same for conditions which may cause fire, or increase the danger of fire, or increase the danger to persons, and may order such precautions to be taken as are deemed necessary to reduce the danger of fire or danger to persons; Direction of traffic (b) for empowering members of the Fire Department, in the at fires absence of the police, to give directions at or near a fire for the regulation or diversion of vehicular traffic, and for requir­ ing that all persons shall comply with such directions not­ withstanding that they may be at variance with traffic signs or the like; Persons to assist at (c) for regulating the conduct of persons at or near fires and fires requiring them to assist the Fire Department in fighting fires and in preserving property threatened by fire; Buildings may be demolished (d) for providing for the demolition of buildings and structures where such demolition is required to prevent the spreading of fire; Handling of explosives, etc (e) for regulating the manufacture, processing, storage, sale, transportation, or use of combustibles, chemicals, explosives, inflammable or other dangerous things, and for defining and classifying them; Gasoline and other pumps (/) for regulating the construction, installation, and operation of pumps and other measuring devices used, or intended to be used, for the sale or other disposition of gasoline, oil, or other inflammable liquids; Burning in the open (g) for regulating the burning of any material in the open air; Application of Fire (h) relating to any matter within the scope of the Fire Services Semces Act Act so long as such by-laws are not repugnant to any pro­ vision of that Act or the regulations thereunder; Removal of fire hazards (/) for requiring the owners or occupants of real property (i) to remove anything and everything from a building or yard which in the opinion of the Fire Chief or any person 98 1953 VANCOUVER CHARTER CHAP. 55

under his authority is a fire-hazard or increases the danger of fire; (ii) to clean chimneys and flues or other apparatus at fixed times or at any time when in the opinion of the Fire Chief or any person under his authority failure to so clean may cause a fire or increase the danger of fire; toiteringin1 °f 0") f°r prohibiting persons from standing, loitering, or sitting in public buiid- tne aisieS) passages, and stairways of churches, theatres, halls, skating-rinks, auditoriums, and other places of public resort. 1953, c. 55, s. 311; 1963, c. 60, ss. 10-12; 1978, c. 22, s. 10 (proc. eff. Feb. 1, 1979).

PART XI

ELECTRICAL AND GAS WORKS Electrician 312. There shall be a City Electrician appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe. 1953, c. 55, s. 312.

"/entry6" 313. The City Electrician, or any person authorized by him, may for inspection. enter any building or premises at any reasonable time for the purpose of inspecting and testing any wiring, appliance, equipment, conduit, or apparatus used or designed, or intended for use, for or in connection with the generation, transmission, supply, distribution, or employment of electrical energy for any purpose (in this Part referred to as " elec­ trical works "). 1953, c. 55, s. 313. coXii°' 314- (*) The Council may, subject to the Electrical Energy Inspection Act, provide (a) for regulating and inspecting any electrical works, and for defining the same; (b) for prohibiting any person from installing any electrical works until he has obtained a permit therefor from the City Electrician; (c) for fixing the terms and conditions upon which the City Electrician may issue such permits, and for fixing the fees to be charged therefor; (d) for compelling the removal and for preventing the sale or use of any electrical works which do not conform with the pro­ visions of the by-law; (e) for adopting, in whole or in part or with such modification as may be provided in the by-law, the rules and provisions of the Canadian Electrical Code promulgated by the Canadian Stand­ ards Association with respect to electrical works, and con­ stituting as regulations under the by-law the rules and pro­ visions so adopted or modified; 99 VANCOUVER CHARTER 1-2 ELIZ. 2

(/) for regulating the placing or maintenance in any street of any electrical works, including the poles or other means of support thereof; (g) for requiring that any person permitted to erect any poles in a street shall afford to the city reasonable accommodation thereon for such wires or other equipment as may be required for the purposes of the city upon such terms as may be agreed upon or, failing agreement, upon terms to be fixed by arbitra­ tion under the Arbitration Act; (h) for the construction of underground conduits in streets, and for permitting the use thereof for telegraph and telephone cables and other electrical works upon such terms and condi­ tions, to such extent and for such charges, as may be pre­ scribed in the by-law; (/) for the lighting of streets, squares, and other city property by the erection, construction, and installation of light standards or by any other means; (/) for contracting for the supply of electrical energy for the pur­ pose of lighting streets, squares, and other city property. (2) Nothing in section 313, except in so far as it relates to electrical works (elsewhere than in a generating plant or substation) designed or intended for use for or in connection with the final consumption of electrical energy, and nothing in subsection (1) of this section, except clauses (/), (g), (h), and (i), shall apply to any electrical works main­ tained and used by any electric light, electric power, or street-railway company or transportation company operating trolley-coaches. (3) The powers conferred on the Council by the said clause (/) shall not be used (a) to require any of the said companies to remove any presently existing electrical works or any renewal thereof, or to move the same to any new location, except upon condition that the city shall pay reasonable compensation to such company for the expense and loss of and from such removal or moving, the amount thereof to be such as the city and such company may agree upon or, in the event of failure to agree, as may be settled by arbitration pursuant to the Arbitration Act; or (ft) with respect to underground duct banks or vaults of any of the said companies, except as to the position and over-all size thereof. (4) The Council may make by-laws for regulating the placing and maintenance in any street by any gas company of gas-pipes, governors, regulators, and other equipment and apparatus used in connection with the transmission or distribution of gas. 1953, c. 55, s. 314; 1961, c. 76, s. 6. 1953 VANCOUVER CHARTER CHAP. 55

Water powers. 315. Subject to the provisions of the Water Act, the Council may provide for the diversion and use of water, within or without the city, for power purposes, and may cause any water-power project to be examined, investigated, and reported upon, and may acquire, develop, establish, equip, operate, and maintain the necessary dams, plant, works, and buildings for the purpose of producing and conveying to the city electrical energy or other power produced by the use of water, and may use, for the purposes of the city, or dispose of any energy or power so produced. 1953, c. 55, s. 315.

Saving clause. 316. Nothing in this Act shall be held to affect or impair any con­ tract with the city or any rights, powers, or privileges now had or enjoyed under its Act of incorporation or any special Act by a public utility as the same is defined by the Public Utilities Act. 1953, c. 55, s. 316.

PART XII STREET TRAFFIC By-laws— 317. The Council may make by-laws Regulating traffic. (a) for regulating pedestrian, vehicular, and other traffic and the stopping and parking of vehicles upon any street or part thereof; Persons to give name (/b) for authorizing a police constable to arrest without warrant and address to constable. any person whom he finds committing a breach of any provi­ sion of a by-law passed pursuant to the provisions of this Act respecting traffic if such person shall fail to stop and state his name and address when so requested by such police constable; Classification of vehicles. (c) for defining and classifying vehicles, and for differentiating and discriminating between classes of vehicles in the exercise of any of the powers of the Council with respect to the use of streets; Speeds may be fixed (d) notwithstanding anything contained in the Motor-vehicle Act, for regulating and fixing the rate of speed of all vehicles, or of any class of vehicles, on any street in any zone, place, or area designated by by-law; Coasting. (e) for regulating coasting or sliding by means of sleds, skis, skates, or the like on any street or part thereof; Classification of streets. (/) for classifying streets and parts thereof and differentiating between classes of them in the exercise of any of the powers of the Council with respect to the use of streets; Vehtcles may be banned. (g) for fixing the times when and the terms upon which all or cer­ tain classes of vehicles may or may not be used on any particu­ lar street or part thereof; Carriers. (h) for defining and classifying carriers, whether of persons or chattels, and for differentiating and discriminating between 101 .55 VANCOUVER CHARTER 1-2 ELIZ. 2

classes of carriers in the exercise of any of the powers of the Council with respect to carriers; Their routes. (/) for fixing routes to be taken by carriers of persons or chattels using any street; Charges by carriers. (/) subject to the provisions of the Motor Carrier Act, for fixing the maximum and minimum charges to be made by such carriers or any class thereof, which charges may be based upon zones or districts designated by by-law; Powers may be assigned (k) for providing that, subject to an appeal to the Council in to board. accordance with the procedure prescribed by by-law, the Council may delegate to a board appointed by the Council any or all the powers vested in the Council with respect to the operation by carriers of any vehicle on any street, including the powers contained in section 272 as to licensing and regula­ tion and in clause (/) of this section as to charges to be made by carriers and in clause (m) of this section as to limiting the number of vehicles with respect to which persons may be licensed in any class of carriers; Chauffeurs. (/) for regulating chauffeurs and other drivers of vehicles used by carriers on a street in connection with their business; Limiting licences. (m) subject to the Public Utilities Act, for regulating the number of vehicles with respect to which persons may be licensed in any class of carriers; Bicycle registration. (n) for regulating the use of bicycles, or other vehicles propelled by human muscular power, on any street or other public place, and for compelling the owners thereof to register the same annually pursuant to regulations provided by by-law, and for imposing a fee for such registration not exceeding one dollar per annum for each such vehicle; Carrier to carry (o) for making it a condition of the granting and holding of any Insurance. licence to a carrier that such carrier (i) be the holder of a subsisting policy of insurance issued by an insurer authorized to carry on business in the Province, or by Lloyd's, in such amounts and against such hazards as shall be specified in the by-law; or (ii) has given proof of financial responsibility pursuant to the Motor-vehicle Act, the Public Utilities Act, or the Motor Carrier Act covering every vehicle in respect of which such carrier is licensed; Testing of vehicles. (p) (i) for fixing standards of safety and of repair to be required of vehicles other than trolley-coaches, while parked or being operated on any street, and for requiring the owners and oper­ ators of such vehicles to present the same for inspection as to safety and repair at such place and at such times as the by-law prescribes, and for imposing a charge for such inspection and for prohibiting the use or operation on any street of any vehicle 1953 VANCOUVER CHARTER CHAP. 55

which has not been presented as required for inspection pur­ suant to the by-law or, having been presented, fails to pass such inspection; (ii) for appointing a Superintendent, Motor-vehicle In­ spection, and delegating to such Superintendent or his assistants or inspectors any or all of the powers of inspecting and passing or failing to pass, in accordance with the standards of safety and repair so fixed, vehicles other than trolley-coaches; Testing- stations. (g) for acquiring real property and providing and maintaining thereon the necessary buildings, equipment, and appurtenances for carrying out the inspection in the last clause mentioned; Animals on stieets. (r) for regulating the use of any street by horses or other animals, and for prohibiting any person from alloying his horse or other animal to be on a street unattended, except as may be provided by by-law; Tires and weight, etc., (s) for regulating, in respect of any street or class of streets, the of vehicles. gross weight of vehicles with or without loads; the weight on any axle, tire, or wheel, or any combination thereof; the width, length, height of any vehicle or part thereof; the width, length, height, or number of any combination of vehicles; the width, length, height of any load, or vehicle and load combined; the fastening and distribution of loads; the kind, width, size, and inflation of tires or tracks; and, subject to the provisions of the Motor-vehicle Act, the number, kind, size, location, dis­ tribution, colour, and brilliance of lights on vehicles; and for delegating to the City Engineer any of the matters referred to herein in respect of any particular vehicle or class of vehicles; Dogs to bo curbed. (0 for requiring the owner, possessor, or harbourer of any dog to keep it from running at large on any street; Lines on (u) (i) for designating streets or portions of streets on which a streets. distinguishing single line or double line shall be marked, which lines need not be in the middle of the travelled portion of the street, and, notwithstanding anything contained in the Highway Act, for prescribing that all vehicles shall be kept to the right of such double line at all times, and to the right of such single line except when passing an overtaken vehicle elsewhere than at a curve in the street; Traffic-lanes. (ii) for marking traffic-lanes on streets, and, notwith­ standing anything contained in the Highway Act, for regulat­ ing the driving of vehicles within such lanes; Delegation. (iii) for delegating to the City Engineer, or such other person as shall be named for the purpose, any or all the powers of designating or marking mentioned in this clause; Safety-zones on streets. (v) for locating, establishing, and maintaining, in any street, areas or platforms reserved for the use of pedestrians only, as safety- zones, and for providing for the use of such safety-zones and 103 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

the regulation of vehicular traffic in proximity thereto, and for providing such markings or warning-signs as may be thought necessary to identify such safety-zones; Regulating, stopping, and (w) for designating streets, or portions of streets, upon which no parking on itreets. vehicles shall be stopped or parked or only such vehicles or classes thereof at such times and upon such conditions as may be prescribed, and for delegating to the City Engineer or such other person as shall be named for the purpose all or any of such powers so to designate or prescribe; Public parking. (x) for acquiring real property for the use of the public for the parking of vehicles, and for providing and maintaining thereon the necessary buildings and equipment therefor, and for oper­ ating and managing the business of affording parking accom­ modation thereon, and for allowing persons to use portions of such real property for the parking of vehicles upon such terms and conditions and for such fee or charge as may be prescribed in the by-law; Contracting for parking areas. (y) for entering into leases or other agreements with persons desir­ ing to take over and operate such real property for the business referred to in clause (x) of this section, and for prescribing the terms and conditions and the rent or other remuneration to be paid to the city therefor; Parking Commission. (z) for appointing a commission to which the Council may delegate any or all of the powers exercisable by it under clauses (ee), (x), and (y) of this section; Parking- meters. (aa) for locating, erecting, maintaining, and operating on any street automatic or other mechanical meters with the necessary standards and connections for the purpose of allotting parking- spaces on the street for vehicles and of measuring and record­ ing the duration of such parking, and for requiring the operators of every vehicle parked in such space to make use of the said meters and deposit therein a fee for parking in the manner and at the rate prescribed by by-law and as measured by the meter, and for prohibiting any person from parking in such a space unless such meter is made use of and such fee is paid; (bb) for closing a street, or portion of a street, to vehicular traffic and not to pedestrian traffic, or vice versa; Impounding of vehicles. (cc) for authorizing the removal and detention or impounding of any vehicle, whether being driven or not, or other chattel which is unlawfully placed, left, kept, or driven upon a street, and for requiring the owner thereof to pay to the city the sums fixed by the by-law as the expenses of such removal and detention or impounding, including towing, storage, and other charges, and for enabling the city to collect such expenses by the sale of the vehicle or other chattel at public auction or 104 1953 VANCOUVER CHARTER CHAP. 55

private sale as directed by the by-law or by action in any Court of competent jurisdiction, and for providing that any other vehicle which comes into the hands of the police shall be held and dealt with in accordance with the provisions of the by-law; (dd) for delegating to the Park Board all or any of the powers of the Council with respect to traffic upon a street, or portion of a street, in a park, as defined in Part XXIII of this Act; (ee) for acquiring by conveyance, lease, licence, or otherwise any property for the parking of vehicles, for providing and main­ taining thereon the necessary buildings and equipment therefor, for operating and managing the business of affording parking accommodation thereon, and for entering into leases or other agreements with any person desiring to take over such prop­ erty or to commence, carry on, manage, or take over such business upon such terms and conditions as may be deemed advisable by Council. 1953, c. 55, s. 317; 1954, c. 65, s. 4; 1955, c. 114, s. 11; 1959, c. 107, s. 19; 1963, c. 60, ss. 13, 14; 1967, c. 49, s. 14; 1968, c. 71, ss. 15,16; 1978, c. 41, s. 24.

318. The Council may provide Stop-signs, etc. (a) for locating, establishing, and maintaining on any street such traffic signs, stop-signs, traffic lights or reflectors, traffic disks, markers, blocks, standards, indicators, traffic-control signals, or other devices or apparatus, whether automatic or manual, as may be deemed necessary for the regulation, direction, and control of traffic on any street, and for delegating to the City Engineer, or such other person as shall be named for the pur­ pose, any or all the powers of locating, establishing, and main­ taining mentioned in this clause; School crossings. (b) for authorizing the City Engineer or other person to designate by traffic signs and markings such portions of streets as in his discretion should be designated as school crossings or play­ ground crossings, and, notwithstanding anything contained in the Motor-vehicle Act, for regulating traffic at such crossings, and for inflicting a minimum fine of fifteen dollars for any breach of such regulations; One-way traffic. (c) for designating certain streets, or portions of streets, upon which at all times, or during specified hours, vehicular traffic may move only in a named direction; Emergency powri for (d) for empowering police constables to give directions during an constables. emergency for the regulation or diversion of traffic upon a street in cases where (i) it is necessary or desirable to expedite traffic or relieve traffic congestion; or (ii) it is necessary to deal with accidental or other unex­ pected conditions affecting traffic; or 105 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(iii) the safety of persons or property will be protected; and for requiring that all persons shall comply with any direc­ tion so given, notwithstanding that it is at variance with a traffic-control signal, traffic sign, or the like. 1953, c. 55, s. 318; 1960, c. 80, s. 5. 319. The Council may make by-laws Parades. (a) for regulating parades and processions in or along any street, and for delegating to the Chief Constable the power to grant or refuse permits for such parades or processions and, when granted, to prescribe the routes of travel to be followed so as to prevent undue interference with other street traffic; Gathering on street. (b) for regulating the assembling or gathering of persons in or upon a street; Sales on streets. (c) for regulating the sale, or the offering or exposing for sale, of any merchandise or thing upon a street; Advertising on streets. (d) for regulating the exhibiting or placing of advertising-matter on, in, or above any street or on any pole or projection therein, including the billboards, hoardings, or other means used in connection with such advertising-matter; Distributing advertising- (e) for regulating the distribution of advertising-matter to persons matter. or vehicles on any street, and for prohibiting persons from distributing any such matter if it is likely to be thrown or left upon a street. 1953, c. 55, s. 319. 320. The Council may make by-laws Signs on streets. (a) for regulating signs and for defining the same, and may provide for the fixing and collecting of a charge for signs projecting into or being in a street; Street names and signs. (b) for assigning names to streets and changing the names so assigned when deemed necessary, and affixing or otherwise displaying of such names at street corners or other convenient places either on a street or on private property. 1953, c. 55, s. 320; 1965, c. 68, s. 26.

Filings to be made. 321. The Council may cause the necessary filings with respect to such naming or changing of names to be made in the land titles office or elsewhere. 1953, c. 55, s. 321; 1978, c. 25, s. 334 (proc. eff. Oct. 31, 1979).

PART XIII

AIRPORT 322. (1) The Council may provide Establishing airports. (a) for acquiring real property either within or without the city for airports, landing areas, land aerodromes, water aerodromes, and seaplane harbours (all of which are in this Act included 106 1953 VANCOUVER CHARTER CHAP. 55

in the term " airports "), and for providing and maintaining thereon the ways, landing areas, buildings, equipment, and appliances necessary for the operation of airports; and for leasing any part of such real property not immediately required by the city upon such terms and for such time as the Council deems proper; Operating airports. (b) for managing and operating such airports and regulating the conduct of persons therein; Collecting fees, etc. (c) for collecting fees and other moneys arising from the opera­ tion and use of such airports; Delegating powers to (d) for appointing a commission to which the Council may dele­ commission. gate any or all the powers exercisable by it under this section. (2) [Repealed. 1974, c. 87, s. 38.] 1953, c. 55, s. 322; 1974, c. 87, s. 38.

PART XIV

NUISANCES 323. The Council may make by-laws Nuisances may be prohibited. (a) for preventing, abating, and prohibiting nuisances; Disturbing noises. (6) for regulating the making or causing of noises or sounds any­ where within the city which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of persons in the vicinity, or which, in the opinion of the Council, are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; and may make different regulations or prohibitions for different areas of the city; and for providing for exceptional cases, where such noises may, with the permis­ sion of the Mayor, be permitted for limited periods, and for providing that the owner or occupant of any real property shall be deemed to be responsible for any noise emanating or which has regularly emanated from such real property and shall be liable to the penalties provided in the by-law; no penalty shall be imposed upon any person as owner without such per­ son being given a reasonable opportunity to show cause why such penalty should not be imposed; Firearms and fireworks. (c) for regulating the discharge of firearms or the exploding of firecrackers and other fireworks; Regulation of sale of (d) for regulating the sale or disposal to minors and others of fireworks. rockets, firecrackers, Roman candles, or other fireworks; Blasting. (e) for regulating the use of any explosive agent for blasting, and for regulating and requiring persons engaged in blasting to give security for damage to persons who, or whose property, may be injured thereby; 107 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Junk. (/) for regulating the keeping, storing, or offering for sale of junk, used materials, machinery, or vehicles, or parts thereof, and places where machinery or vehicles, or parts thereof, are disas­ sembled, broken up, reassembled, or processed; Waste materials. (g) for regulating the buying or collecting of rags, bottles, cast-off clothing, and other used or waste materials and things, and for requiring the cleansing and sterilization or other treatment thereof, before they are disposed of, by those who buy or collect them as aforesaid; Fumigating agents. (/i) for regulating the sale or use of materials giving off poison gas and other fumigating agents which are poisonous, and for regu­ lating and requiring persons engaged in the business of fumi­ gating rooms or premises, or keeping, storing, or transporting noxious fumigating materials to be registered as provided by by-law; Refrigerants- (/) for regulating the use of poisonous refrigerants or other noxious materials employed in bringing about changes in temperature; Public bathing- pools. (/) for regulating the use of bathing-pools and swimming-pools to which the public is admitted, whether for a fee or other­ wise, and for prescribing the means and frequency of changing the water therein and of keeping them free from contamination and from the possibility of communicating disease to persons using them; Laundries. (k) for regulating the use of buildings and places for laundries, and for ensuring that cleanliness and sanitary conditions are observed therein; Excavations to be filled. (I) for requiring the owner or occupier of any real property to fill up any well, cellar, excavation, depression, septic tank, privy- vault, or cesspool where, in the opinion of the Medical Health Officer, its continuance would be dangerous to health; Removal of rubbish. (m) for requiring the owner or occupier of any real property to remove therefrom any accumulation of rubbish, discarded materials, garbage, ashes, or filth, and lawfully to dispose of the same, and for providing that in default of such removal the city may, by its workmen or others, enter and effect such removal at the cost of the person so defaulting; Transporta­ tion of (n) for regulating the transportation upon any street of offal, offensive decayed materials, or other offensive matter or thing; material. Smoke and dust regulation. (o) for regulating the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes, or other effluvia into the air from any building or premises, boat, ship, or vessel, and for requiring every owner or occupier of such building or premises and the owner or master of any boat, ship, or vessel to take such pre­ cautions and make such changes in, or additions to, any com­ bustion-chamber, chimney, flue, stack, or equipment from or 108 1953 VANCOUVER CHARTER CHAP. 55

through which such emission takes place as will eliminate or reduce such emission to the extent required by the by-law; Scale of density of (p) for establishing or adopting a scale for grading the density of emissions. such emissions and for fixing degrees of density not to be exceeded in respect of such emissions; Permit for certain (q) for requiring persons constructing or installing combustion- equipment. chambers of any kind or any apparatus or equipment by which such emissions are caused to obtain a permit from the city before commencing such construction or installation, and for authorizing the withholding of such a permit unless the pro­ visions of the by-law are complied with; Brush and weeds to (r) for requiring the owner or occupier of any parcel to clear the be cleared same of brush, trees, noxious weeds, or other growths, and, in default, for empowering the city, by its workmen or others, to enter and effect such clearing and to enter the cost thereof in the real-property tax roll with respect to such parcel; Disposal of waste. (s) for requiring manufacturers and processors to dispose of the waste from their plants in the manner directed by the by-law; Mill-waste (f) for denning mill-waste, and for regulating the disposal thereof, and for compelling the owners or operators of mills of all kinds to dispose of mill-waste in the manner directed by the by-law; Standard of maintenance. (M) for requiring the owners or occupants of real property to maintain the said property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood; and, where the premises are not occu­ pied by the owner thereof, for providing (after the giving of notice as hereinafter provided) that in default of such mainte­ nance the city may, by its workmen or others, enter and effect such maintenance at the cost of the person so defaulting; no such work shall be undertaken by the City until the expiration of 60 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises. 1953, c. 55, s. 323; 1955, c. 114, s. 12; 1958, c. 72, ss. 22, 23; 1966, c. 69, s. 13; 1972, c. 67, s. 26; 1973, c. 93, s. 12; 1974, c. 104, s. 35. 324. The Council may make by-laws providing Impounding of animals. (a) for the seizure, impounding, and detention of unlicensed dogs and of dogs, horses, cattle, and other animals unlawfully per­ mitted to be upon a street or at large; Pound charges. (b) for reasonable charges to be imposed by the city for their seizure, impounding, and detention and their maintenance while impounded; Disposition of impounded (c) for their sale or destruction in cases where such charges are animals. not paid or where under the terms of the by-law such sale or destruction is prescribed; 109 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Pounds, (d) for establishing and maintaining such buildings, yards, enclo­ sures, and other facilities for the keeping and disposition of impounded animals as may be necessary; Pound- keeper. (e) for the appointment of a pound-keeper and assistants; Dogs to be muzzled. (/) for requiring that owners, possessors, and harbourers of dogs, or any class of dogs, shall keep them effectively muzzled while they are at large or upon a street, or shall keep them on leash, or under the control of a competent person while upon a street, as the by-law may direct; Keeping of animals. (g) for regulating the keeping of horses, dogs, cows, goats, swine, rabbits, and other animals, and for defining areas within which such animals may be kept or within which the keeping of them is prohibited; Regulations of kennels, etc. (/J) for regulating kennels or other places for the care, breeding, hospitalization, or boarding of cats, dogs, or other animals, including mink, foxes, and other undomesticated animals, and for defining areas within which such kennels or places shall be permitted or within which they are prohibited; Keeping of birds. (i) for regulating the keeping of domestic poultry, pigeons, and other birds, and for defining areas within which such birds may be kept or within which the keeping of them is prohibited. 1953, c. 55, s. 324.

Enforcement of provisions 324A. (1) The Council may, by resolution or by by-law, declare of by-law re nuisance. any building, structure, tree, or erection of any kind whatsoever, or any drain, ditch, watercourse, pond, surface water, or any other matter or thing in or upon any private or public lands, street or road, or in or about any building or structure, a nuisance or dangerous to the public safety or health, and may, by such by-law or resolution, as may be directed therein, order that the same shall be removed, pulled down, filled up, or otherwise dealt with by the owner, agent, lessee, or occupier thereof, as the Council may determine, and within such time after the service of the order as may be therein named. Service of the order so made shall be effected by sending a copy of the order by return registered mail to the owner of the lands upon which such building, structure, tree, or erection stands, and to all other persons whose names appear on the records of the land titles office as having an interest in the said lands, and to the agent, if known, of the registered owner thereof, and to the occupier thereof, if any; the same to be sent to the last-known address of each interested person herein referred to; provided that if the occu­ pier of the lands upon which such building, structure, tree, or erection stands has no address to which the order may be sent by mail, service of the order may be made by posting a copy of the same on said building, structure, tree, or erection. The Council may, by such by-law or reso­ lution, further order that, in case of default by the owner, agent, lessee, or occupier to comply with the order within the period named in such

110 1953 VANCOUVER CHARTER CHAP. 55

order, such removal, pulling down, filling up, or other dealing with same shall be done by any officer of the corporation authorized for that pur­ pose by the said resolution or by-law, at the cost of such owner, and payment of such costs and all expenses incidental thereto may be en­ forced against the owner thereof by such officer in an action in any Court of competent jurisdiction; provided, however, that such order or orders of the Council shall not be carried into effect until the expira­ tion of sixty days after the date of service by registered mail or by post­ ing as aforesaid. (2) It shall be lawful for the Council by the said resolution or by­ law to order that any building, structure, tree, or erection so ordered to be dealt with, or any part or material thereof, shall be sold by auction or tender, or by private sale subject to the approval of the Council, or shall be otherwise disposed of in the discretion of the Council, and such sale or disposal may be effected at any time after the expiration of the period named in the order or orders herein referred to and after service thereof pursuant to this section. From the proceeds of such sale or disposal shall be deducted for the use of the city the actual costs and disbursements incurred by the city in carrying out the said pulling down, removal, sale, and disposal under the provisions of this section, and the remainder of such proceeds shall be paid by the city to the owner or owners, or other persons lawfully entitled thereto, who are interested in the lands from which any such building, structure, tree, or erection, or part or material thereof, has been so removed, pulled down, sold, or otherwise disposed of. (3) The provisions of this section shall apply to any building, struc­ ture, or erection of any kind whatsoever which, in the opinion of the Council, is in so dilapidated or uncleanly a condition as to be offensive to the community. 1957, c. 85, s. 9; 1978, c. 25, s. 334 (proc. eff. Oct. 31, 1979).

PART XV

HEALTH Health Department. 325. There shall be a Health Department of the city, the head of which shall be the Medical Health Officer appointed by the Council. He shall have such duties and powers in addition to those prescribed by Statute as the Council may from time to time designate. 1953, c. 55, s. 325.

Local Board displaced. 326. Notwithstanding the provisions of the Health Act, there shall be no Local Board of Health in the city, but all the powers and functions of such Board as provided by that Act shall be vested in and exercisable by the Council. 1953, c. 55, s. 326. 327. Section 28 of the Health Act shall not apply to the city. 1953,

not required. c 55^ s 327.

Ill CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Inspection. 328. The Medical Health Officer shall have power to cause all neces­ sary inspections to be made in order to ascertain whether the provisions of any Statute, regulation, or by-law with respect to public health or sanitation are being carried out in the city. 1953, c. 55, s. 328.

Access to be permitted. 329. It shall be the duty of the owner and occupier of any real property in the city to give to the Medical Health Officer and to any member of his staff, authorized by him for the purpose, such access at any reasonable time to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable any necessary inspection to be made. 1953, c. 55, s. 329.

330. The Council may make by-laws Health by-laws. (a) for providing for the care, promotion, and protection of the health of the inhabitants of the city and for preventing the spread of contagious, infectious, or other disease, and, for that purpose, for regulating, controlling, and restricting persons and their activities; lnsanltation. (b) for preventing, prohibiting, and remedying insanitary condi­ tions and places in the city; Food and drink to be (c) for regulating the bringing into the city of food or drink (not wholesome. being liquor as defined by the Government Liquor Act) in­ tended for human consumption, and for preventing and pro­ hibiting the entry or unloading of diseased or unwholesome food or drink (not being such liquor) intended for human consumption from any aeroplane, vessel, truck, railway car, or other conveyance; Analysis of water. (d) for providing for the periodical examination and analysis of the water supplied by the city and for tests as to its purity and wholesomeness; Regulation of places (e) for regulating any place or vehicle where food or drink intended where food kept. for human consumption is kept, manufactured, prepared, pro­ cessed, packaged, blended, or treated, or where it is displayed, offered for sale, sold, carried, or served, and if such place or vehicle or anything therein is found to be insanitary, or such food or drink is found to be unwholesome or likely to be injurious to health, for authorizing the Medical Health Officer to seize and forfeit such food or drink; Hours for milk delivery. (/) for regulating the delivery of milk and milk products to con­ sumers by means of vehicles, and for fixing the hours in various months of the year during which such delivery shall take place and for prohibiting it at other times; Wells. (g) for regulating the use for human consumption of water from wells, springs, or streams, and for requiring the owner of any real property upon which there is a well from which the water

112 1953 VANCOUVER CHARTER CHAP. 55

is prohibited from being used for human consumption to fill the same in; Exclusion (h) for regulating owners and harbourers of dogs regarding the of dogs. entry into, or presence of such dogs in, any place where food for human consumption is kept or offered for sale; Regulation of (i) for requiring owners or occupiers of buildings to prevent pigeons, etc. pigeons or other birds from perching, roosting, or nesting thereon, and for regulating the feeding of pigeons by persons other than their owners; Abattoirs. (/) for regulating the slaughter of animals; Requirements (k) for regulating the use and occupation of all buildings used for multiple dwellings. as dwellings, except one-family dwellings, in respect of (i) the minimum floor-space to be provided for the oc­ cupant of each room thereof; (ii) the minimum cubic space to be provided for the oc­ cupant of each room thereof; (iii) the degree of ventilation, cleanliness, and access of natural light to be afforded in each room intended to be occupied; (iv) the suitability of any such room in respect of damp­ ness or insanitation; (v) the maximum number of persons permitted to oc­ cupy rooms of various sizes; (vi) the minimum bathing and toilet accommodation to be provided, based upon the number of occupants of the dwelling; (vii) the minimum temperature to be maintained in any room while occupied; Public lavatories. (0 for acquiring real property, and for constructing and main­ taining thereon or thereunder lavatories, urinals, water-closets, and the like conveniences, and for constructing and maintain­ ing such conveniences upon or under a street; Infectious- diseases (m) for establishing and maintaining, either within or without the hospital. city, hospitals and other places where persons suffering from, or suspected to be suffering from, contagious or infectious diseases may be isolated and treated; Homes for disabled. (n) for establishing and maintaining, either within or without the city, homes for aged, infirm, or disabled persons; Non-complying premises not to (o) in cases where any Statute, by-law, or regulation with respect be occupied. to health is not complied with, for empowering the Medical Health Officer to cause a notice to be posted on any premises requiring that they be not occupied or used for human habi­ tation, and thereafter for compelling any person in occupation of such nremises to vacate them, and for preventing other persons irom entering or occupying them; 187 113 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

«"'"subject' (P) *or regulating restaurants, and places where prepared food to regulation. or drink is served to the public, in all respects so far as the health of their patrons is concerned, and particularly (i) as to the sterilization and cleansing of receptacles for food or drink; (ii) as to toilet and other accommodation; (iii) as to such medical or laboratory examination of employees as the Medical Health Officer may prescribe for the detection of contagious or infectious disease; (iv) empowering the Medical Health Officer to require such employees as in his opinion are likely to spread such disease to cease from their employment until he is satisfied that the danger of such spreading is past; (g) for providing that where, in the opinion of the Medical Health Officer, any building used for dwelling purposes (other than a one-family dwelling) is being inadequately provided with heat, light, water, or similar utilities, he may cause a notice to be posted on the premises requiring the owner to remedy the inadequacy in the manner described in the notice, and for providing that if such inadequacy is not remedied within 24 hours the Medical Health Officer or any person authorized by him may enter on the premises and do all such things as may be necessary to remedy such inadequacy, and for providing that the cost thereof may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of such cost in the real-property tax roll with respect to such premises. 1953, c. 55, s. 330; 1978, c. 41, s. 25.

PART XVI

CEMETERIES 331. The Council may cemetery0" of (fl) acQuire real property within or without the city to be used for property. cemetery or crematorium purposes, and lay out, develop, im­ prove, maintain, regulate, and operate cemeteries and crema­ toria; femeteries °f &) regulate the interment or other disposition of the dead in such cemeteries and crematoria; prohibited (c) prohibit the violation of cemeteries and the damaging of any vaults, monuments, grave-stones, or graves within such ceme­ teries; of cTme/erie» (**) establish the terms and conditions under which, and the fees for which, persons may acquire the right to make use of areas or plots in such cemeteries for the interment of the dead; Perpetual ( ) establish, set aside, and maintain a fund to defray the per­ care. e petual upkeep and care of a cemetery or part thereof, and 114 1953 VANCOUVER CHARTER CHAP. 55

accept from any person having the right to make use of any area or plot therein, and place in such fund, a capital sum for which the city may agree to ensure perpetual upkeep and care of such area or plot, and invest such fund in like manner as sinking funds are to be invested under Part V of this Act. 1953, c. 55, s. 331. ofe«r^tion 332. Notwithstanding that a person may have acquired the right to •aenated. make use of a grave or a plot comprising a number of graves in such a cemetery for the interment of the dead, the Council may make appli­ cation to the Provincial Secretary that such right be revoked. If upon such application the city furnishes proof to the Provincial Secretary (a) that no interment has been made in a grave, whether that grave forms part of a plot or otherwise; and (b) that, after reasonable search, such person or his personal rep­ resentative cannot be found, the Provincial Secretary may direct that the right to such grave be re­ voked, and thereupon the city may deal with the same as if the said right had never been granted. The person or his personal representative shall be entitled to be reimbursed upon proof that he is entitied thereto. 1953, c. 55, s. 332; 1956, c. 70, s. 8.

PART XVII PENALTIES ^S2uSd 333 T^ Council may by by-law (a) inflict fines and penalties (i) upon any employee of the city for non-performance of any duty assigned to him by this Act or by a by-law passed by the Council; (ii) upon any person for an offence against any by-law passed by the Council; (iii) upon any person for an offence against a provision of this Act where no other punishment is provided; (b) inflict reasonable punishment by imprisonment, with or with­ out hard labour, for any period not exceeding two months for an offence against any by-law passed by the Council or for the non-payment of a fine inflicted under clause (a) of this section; (c) in cases where the offence is of a continuing nature, inflict a fine not exceeding fifty dollars for each day such offence is continued; (d) provide for a minimum fine for an offence under any by-law. 1953, c. 55, s. 333; 1960, c. 80, s. 6; 1972, c. 67, s. 32.

115 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Idem. 333A. Notwithstanding the provisions of section 333 hereof, where the Council has enacted a by-law pursuant to section 323 (o), 323 (p), or 323 (q) hereof, the Council may in such by-law (a) inflict fines and penalties in an amount not exceeding one thou­ sand dollars for an offence against the by-law; (b) in cases where the offence is of a continuing nature, inflict a fine not exceeding five hundred dollars for each day such offence is continued; (c) inflict reasonable punishment by imprisonment with or without hard labour for any period not exceeding three months for an offence against the by-law or for the non-payment of a fine inflicted under clauses (a) and (6) of this section. 1968, c. 71, s. 17.

Remedy by injunction. 334. Where an offence is committed against any by-law passed in the exercise of the powers of the Council, in addition to any other remedy provided or penalty inflicted, the continuance of such offence may be restrained by action at the instance of an owner-elector or of the city. 1953, c. 55, s. 334.

Power» of Justice of 335. Every fine and penalty imposed by or under the authority of the Peace. this Act may, unless other provision is specially made therefor, be recovered and enforced with costs on summary conviction before a Justice of the Peace. 1953, c. 55, s. 335.

^recovered 336. Whenever the Council is empowered to require any person to from defaulter. $0 anv matter or thing and if he defaults, to have the matter or thing done and charge the person so defaulting with the expense incurred, the Council shall have power to procure the matter or thing to be done and to authorize workmen and others to enter any premises for the purpose of doing so, and thereafter may (a) recover the expense so incurred as a debt due the city in any Court of competent jurisdiction; or (b) if such person appears by the Collector's roll to be the owner, or owner under agreement, of a parcel of real property in respect of which the default occurs, direct that the amount of the expense so incurred (after certification by the Director of Finance) be inserted in the real-property tax roll as a charge imposed with respect to such parcel. 1953, c. 55, s. 336; 1965, c. 68, s. 29.

D 8 a owe r to°bo°rd 336A. Council may by by-law or resolution empower any board or or tribunal, tribunal constituted under this Act, or any inspector, official, or other person, to order or direct any person (a) to discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that 116 1953 VANCOUVER CHARTER CHAP. 55

is in contravention of any by-law or any terms or conditions prescribed by such board or tribunal; or (b) to carry out any work or do anything to bring any land or building into conformity with the by-law applicable thereto, or into conformity with any terms or conditions prescribed by any such board or tribunal. 1964, c. 72, s. 11.

nof by°aw° 336B. (1) Whenever any such board or tribunal or any such in­ spector or official is empowered, pursuant to a by-law, to require any person by order, direction, or notice (a) to discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of any by-law or any terms or conditions prescribed by such board or tribunal; or (b) to carry out any work or do anything necessary to bring any land or any building into conformity with the by-law applicable thereto or into conformity with any terms or conditions pre­ scribed by any such board or tribunal, the by-law may provide that failure on the part of the person to whom the order, direction, or notice is given to comply therewith within the time prescribed shall constitute a violation of the by-law. (2) The onus would be on the prosecution to prove that any order given under section 336A was a lawful order. 1964, c. 72, s. 11.

336c. Notwithstanding anything else contained in this Act, wherever Council has power to regulate buildings occupied as multiple dwellings or any person carrying on the business of renting accommodation therein, it may provide that the owner or person having actual control of such building shall, after reasonable notice thereof, be deemed to be respon­ sible for any violation of any by-law passed pursuant to such power and shall be liable to the penalties provided therein. 1973, c. 93, s. 13.

PART XVIII

DEPARTMENT OF INDUSTRIAL DEVELOPMENT Department of industrial 337. The Council shall have power to establish and maintain a De­ Development maybe partment of Industrial Development and to appoint an Industrial Com­ established. missioner as head thereof. The Department shall assemble and make available statistics and information for the following and such other purposes as the Council may direct:— (a) To bring the advantages of the city as a location for industry to the notice of manufacturers and others: (b) To publicize the facilities and amenities of the city as a place of residence. 1953, c. 55, s. 337.

117 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

PART XIX

VANCOUVER ATHLETIC COMMISSION

Commission may bo 338. The Council may make by-laws establishing and appointing established. annually a board of not more than five members to be known as the "Vancouver Athletic Commission" who, subject to clause (/), shall serve without remuneration, and for providing that such board shall have power within the city To regulate boxing and (a) to regulate and supervise professional boxing and wrestling wrestling. contests and exhibitions; Fees may be exacted. (b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the board's proper expenses, to require persons conducting such contests or ex­ hibitions to pay to the board a fee, to be fixed by the Council, in respect of each such contest or exhibition, which fee shall not exceed two cents for each seat made available to the public; Commission may make (c) to prescribe equipment and rules for the conduct of profes­ rules. sional boxing and wrestling and any other professional con­ tests within the jurisdiction of the board; Issue permits to promoters. (d) to issue permits to persons conducting professional contests or exhibitions as a condition of their being held; To (e) to issue permits to boxers, wrestlers, and other participants in participants- professional contests or exhibitions as a condition of their par­ ticipating therein; Require security. (f) to empower the board before issuing any permit to require the applicant to give such security as the board may deter­ mine for the faithful performance of his obligations as pre­ scribed by the board. The security so given may be enforced by and in the name of the board for the benefit of all persons entitled to claim thereunder; Pass upon contracts. (g) to pass upon and approve contracts for such contests or exhi­ bitions as a condition of their being held; May discipline (h) to investigate the conduct of any participants in such contests participants. or exhibitions or of persons conducting the same, and particu­ larly with respect to any alleged breach of the by-law or rules made thereunder, with power by way of punishment to impose reasonable fines for misconduct, or to prevent such participants or persons from taking part in any contests or exhibitions in the city for reasonable periods; Decisions appealable (/) to provide that the decision of the board with respect to the to Council. granting or refusal of any permit or any other matters within its jurisdiction shall be final, subject to an appeal to the Council;

118 1953 VANCOUVER CHARTER CHAP. 55

^^red. (/') to Prevent any person from participating in or conducting any such contest or exhibition, or from advertising the same, unless he has been granted a permit for the purpose; In'um-tion' W whether or not any penalty has been imposed, to restrain any person conducting any such contest or exhibition or partici­ pating therein without the prescribed permit, by action in the Supreme Court brought by the board in its name without the Crown or the Attorney-General or any other officer of the Crown being made a party to such action; dltecreuiy* (') to appoint and remunerate a member of the board or some other person to be secretary of the board, with such duties as the board may prescribe. 1953, c. 55, s. 338.

PART XX

REAL-PROPERTY TAXATION 339. [Repealed. 191 A, c. 114, s. 17.] 340 to 348. [Repealed. 1977, c. 30, s. 150 (proc. eff. Sept. 30, 1977).]

8 uous par"ei s 349. Where contiguous parcels have been assessed as one parcel under section 5 of the Assessment Act, such parcels, whether owned by the same person or not, for the purpose of taxation and the collection of real-property taxes shall be deemed to constitute one parcel. 1977, c. 30, s. 151 (proc. eff. Sept. 30, 1977).

350. [Repealed. 1977, c. 30, s. 152 (proc. eff. Sept. 30, 1977).] menTojftaies 351. (1) On satisfactory evidence being produced to the assessor on subdivision. tnat a parcel of land on which taxes are due has been subdivided by a duly registered plan of subdivision, or that part of any other parcel of land on which taxes are due has been sold and a deed executed and delivered to the purchaser, the assessor may by certificate under his hand apportion the assessment and the Collector may apportion the taxes as between the several parts of the subdivided parcel shown on the plan or as between the part of the other parcel so sold and conveyed and the remainder of the parcel. (2) The Collector may then receive payment of the taxes so oppor- tioned in respect of any part of the subdivided parcel or in respect of the part of the other parcel so sold and conveyed, and leave the remainder of the subdivided parcel or other parcel, as the case may be, chargeable with the remainder of the taxes due. 1977, c. 30, s. 152 (proc. eff. Sept. 30, 1977).

352 to 307. [Repealed. 1977, c. 30, s. 152 (proc. eff. Sept. 30, 1977).]

119 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

368. [Repealed. 1969, c. 45, s. 22.] 369 to 371. [Repealed. 1977, c. 30, s. 152 (proc. eff. Sept. 30, 1977).] Estimates and Rating By-law estimates. 372. In each year as soon as possible after the Court of Revision has finally passed the real-property assessment roll, the Council shall consider the report submitted by the Director of Finance pursuant to section 219, and shall cause to be prepared and shall adopt the estimates for the current year. The estimates so adopted shall show the anticipated revenues of the city from every source and the anticipated expenditure for that year. 1953, c. 55, s. 372; 1965, c. 68, s. 29. Rating by-iaw. 373. As soon as the estimates for the year have been adopted, the Council shall pass a rating by-law based upon such estimates fixing, subject to the limitations herein provided, a rate of levy on every parcel of real property liable to taxation on the real-property assessment roll prepared pursuant to the Assessment Act, according to the assessed value thereof as shown on such roll, subject to any variation that may have been adjudged on appeal, to raise a sum by way of real-property taxes which, added to the estimated revenue of the city from other sources, will be sufficient to pay all debts and obligations of the city falling due within the year and not otherwise provided for. 1953, c. 55, s. 373; 1955, c. 114, s. 13; 1977, c. 30, s. 153 (proc. eff. Sept. 30, 1977); 1978, c. 41, s. 26. texab°nvaiie 374. In the rating by-law the levy shall, with respect to each parcel, be on the net taxable value of land and improvements as shown on the real-property assessment roll prepared pursuant to the Assessment Act, subject to any variation that may have resulted from an appeal. 1977, c. 30, s. 154 (proc. eff. Sept. 30, 1977). appals* how 375. No account need be taken in the rating by-law of undecided dean with. appeals with respect to real-property assessments. If, upon the later decision of such an appeal, any change in the real-property assessment roll or tax roll is adjudged, the necessary changes shall be made; and if in the meantime payment has been made, the change shall be given effect to by repayment if overpayment has been made to the city, and by collection of the balance if underpayment has been made to the city. 1953, c. 55, s. 375. penaYues°r 376. The Council may by by-law provide for percentage additions, not exceeding ten per centum, to be made to real-property taxes levied by a rating by-law and any other charges lawfully imposed and inserted in the tax roll if not paid by certain times in the year in which they are levied, and may fix the times and percentages accordingly. The amounts so added shall be deemed to be part of such real-property taxes for the year in which they are added. 1953, c. 55, s. 376. 120 1953 VANCOUVER CHARTER CHAP. 55

377. Repealed. 1969, c. 45, s. 22.] 378. Repealed. 1969, c. 45, s. 22.]

Appeals from Real-property Court of Revision 379. Repealed. 1969, c. 45, s. 22.] 380. Repealed. 1969, c. 45, s. 22.] 381. Repealed. 1969, c. 45, s. 22.] 382. Repealed. 1969, c. 45, s. 22.] 383. Repealed. 1969, c. 45, s. 22.] 384. Repealed. 1969, c. 45, s. 22.] 385. Repealed. 1977, c. 30, s. 155 (proc. eft Sept. 30, 1977).] 386. Repealed. 1969, c. 45, s. 22.] 387. Repealed. 1969, c. 45, s. 22.] 388. Repealed. 1969, c. 45, s. 22.] 389. Repealed. 1969, c. 45, s. 22.] 390. Repealed. 1969, c. 45, s. 22.] 391. Repealed. 1969, c. 45, s. 22.] 392. Repealed. 1969, c. 45, s. 22.] 393. Repealed. 1969, c. 45, s. 22.] 394. Repealed. 1969, c. 45, s. 22.] 395. Repealed. 1969, c. 45, s. 22.]

Assessment for golf 395A. (1) For the purposes of this section, "land" means land courses. maintained as a golf course. (2) Notwithstanding the provisions of this or any other Act, the Council may enter into an agreement with the owner of land fixing an amount that shall be deemed to be the assessed value of the land during the term of the agreement for the purpose of levying taxes for general purposes only. (3) The actual value of the land as determined by the Assessor pur­ suant to the provisions of the Assessment Act shall be set out in the agreement. (4) If the owner of land which is covered by such an agreement sells the land, he shall be liable to the city either for one-half of the amount by which the sale price exceeds the actual value as set out in the agreement pursuant to subsection (3) or for the sum calculated under subsection (6), whichever is the greater amount.

121 VANCOUVER CHARTER 1-2 ELIZ. 2

(5) If the owner of land which is covered by such an agreement sells part only of the land, he is liable to the city for an amount equal to (a) the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum; and (b) one-half the difference between (i) the sale price of the land being sold where the sale price exceeds the amount determined under paragraph (ii); and (ii) the amount that bears the same proportion to the actual value of the land covered by the agreement that the area of the land sold bears to all the land covered by the agreement. (6) If the owner of land covered by such an agreement allows the land or any part thereof to be used for any purpose other than a golf course, he is liable for and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes on the whole of the land that would have been paid but for the agreement together with accrued interest on the difference compounded annually at six per centum, and the agreement shall be terminated with respect to the land the use of which has changed. (7) The city shall have the first right of refusal in respect of any land that is the subject of an agreement made under this section. (8) The assessor shall continue to assess land covered by such an agreement and shall maintain a record of such assessments. The owner of the land shall have the right to appeal such assessments. (9) An agreement under this section is registrable under the Land Titles Act, and upon registration constitutes a charge upon the land having preference over any claim, lien, privilege, or encumbrance of any party except the Crown. (10) Notwithstanding the provisions of this section, (i) the Council may enter into an agreement with Shaughnessy Golf and Country Club fixing the amount that shall be deemed to be the assessed value of the latter's interest in the land presently maintained as Shaughnessy Golf and Country Club; (ii) the actual value of the interest of Shaughnessy Golf and Coun­ try Club in the land as determined by the Assessor pursuant to the provisions of the Assessment Act shall be set out in the agreement together with the value of the interest; (iii) if after entering into such an agreement Shaughnessy Golf and Country Club sublet? or assigns the whole or any part of the land covered by the agreement to any person other than the City of Vancouver, or uses or permits the land or any part thereof to be used for any purpose other than a golf course, 1953 VANCOUVER CHARTER CHAP. 55

then the agreement shall become null and void and Shaugh- nessy Golf and Country Club shall be liable and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum; (iv) the city shall have the first right of refusal on Shaughnessy Golf and Country Club's interest in the lands; (v) the city shall have a charge against the interest of Shaughnessy Golf and Country Club for the payment of all moneys and the performance of all obligations required to be paid or observed or performed by Shaughnessy Golf and Country Club under the agreement, and such charge shall have preference over any claim, lien, privilege, or encumbrance of any person except the Crown. (11) Save and except an agreement under subsection (10) hereof, no agreement under this section shall be binding on either party or have any force or effect until registered in the land titles office. 1965, c. 68, s. 27; 1977, c. 30, s. 156 (proc. eff. Sept. 30, 1977); 1978, c. 25, ss. 332, 334 (proc. eff. Oct. 31, 1979).

Taxation of Real Property Liability to taxation. 396. All real property in the city is liable to taxation pursuant to rating by-law, subject to the following exemptions:— Crown exempt. (a) Crown lands; provided, however, that the right or interest of Tenant or occupier liable. an occupier of Crown lands, not holding in an official capacity, shall be liable to taxation, and he shall be personally liable therefor as if he were the owner of such real property, but the property shall not be subject to lien under section 414 nor subject to tax sale under section 422: City property exempt. (b) Real property vested in the city: (c) Real property Also charitable (i) of which an incorporated charitable institution is the institutions. registered owner or owner under agreement, either directly or through trustees therefor, and which is in actual occupation by such institution and is wholly in use for charitable purposes; And certain Institutions (ii) of which an incorporated institution of learning of learning. regularly giving to children instruction accepted as equivalent to that furnished in a public school is the registered owner, or owner under agreement, and which is in actual occupation by such institution and is wholly in use for the purpose of furnish­ ing such instruction; And certain hospitals. (iii) of which a hospital receiving aid under the Hos­ pital Act is the registered owner, or owner under agreement, either directly or through trustees therefor, and which is in

123 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

actual occupation by such hospital and is wholly in use for the purposes of the hospital or which is held by the hospital for future use as a hospital-site and the same has been designated the Minister of Municipal Affairs and Housing to be exempt from taxation; And churches. (iv) of which a religious organization, either directly or through trustees therefor, is the registered owner, or owner under agreement, and which is set apart and in use for the public worship of God; provided, however, that the exemp­ tion by this clause conferred shall not be lost by reason of the use of the church property for any of the purposes hereinafter set out if it is so provided by by-law:— The use of the church property by a government, not­ withstanding that a fee is paid for such use: The use of the church property for the care or instruction of children under school age by a charitable or non­ profit organization: The use of the church property for the purpose of teach­ ing organ or choral music, notwithstanding that a fee is charged therefor: The use of the church property for the holding of organ recitals, notwithstanding that the recitalist receives a fee therefor: (v) in respect of which a grant has been made after the thirty-first day of March, 1974, under the Elderly Citizens' Housing Aid Act, but, notwithstanding paragraph (i), the real property is only exempt if it is so provided by by-law: Emergency id) An improvement designed, constructed, or installed for the shelter». purpose of providing emergency protection for persons or domestic animals in the event of a disaster or emergency within the meaning of those terms as used in the Civil Defence Act: And land or Any improvement or land used exclusively for the control or improvement (e) for pollution abatement of water, land, or air pollution, including sewage- control. treatment plants, effluent reservoirs and lagoons, deodorizing equipment, dust and particulate-matter eliminators; provided, however, that where the improvement or land is not being used exclusively for the purpose of pollution control or abate­ ment but is primarily so used, the Commissioner appointed under the Assessment Authority of British Columbia Act may, in his discretion, determine the portion of the assessed value of the improvements or land attributable to such control or abatement, and such portion is exempt: The word " improvement" where used in clause (e) shall Idem. (/) have the meaning ascribed to it in the Assessment Equalization Act. 1953, c. 55, s. 396; 1956, c. 70, s. 9; 1961, c. 76, s. 7; 1964, c. 72, s. 15; 1966, c. 69, s. 15; 1969, c. 35, s. 27;

124 1953 VANCOUVER CHARTER CHAP. 55

1969, c. 45, s. 23; 1970, c. 54, s. 20 (eff. Dec. 1, 1969); 1973, c. 93, s. 25; 1974, c. 104, s. 38; 1977, c. 30, s. 157 (proc. eff. Sept. 30, 1977); 1977, c. 75, s. 7 (proc. eff. Oct. 21, 1977).

Extent of exemption. 397. (1) The exemptions provided for under clause (c) of section 396 shall extend to so much real property as is reasonably necessary for the purposes of the institution, hospital, or religious organization, and no further; provided that if a parcel is partly exempt and partly taxable, it need not be severed, but the taxes on the taxable portion shall be deemed to apply to the whole parcel. Change of (2) Where a transfer, sale, or lease is made of real property there­ itatus. tofore exempt from taxation under clauses (a) and (c) of section 396 to some person not entitled to such exemption, or where real property used for some purpose which would entitle it to exemption thereunder ceases to be so used, or where a sale of real property theretofore exempt from taxation under clause (b) of section 396 is made to a person not otherwise entitled to exemption from taxes, such real property shall be liable to taxation from the date of such transfer, sale, lease, or cesser of user, as the case may be. (3) Where the assessment roll is completed before the transfer, sale, or lease comes to the attention of the assessor, he shall (a) give a notice of assessment to the transferee, purchaser, lessee, of other person who, but for the exemption, would have been liable to taxation, and (b) assess the property under the Assessment Act on a supple­ mentary assessment roll. 1953, c. 55, s. 397; 1966, c. 69, s. 16; 1967, c. 63, s. 6; 1968, c. 71, s. 18; 1973, c. 93, s. 14; 1977, c. 30, s. 158 (proc. eff. Sept. 30, 1977).

Equipment on streets to 398. (1) The poles, conduits, cables, and wires of any telephone, be taxed. electric light, electric power company, or closed-circuit television com­ pany; the mains of any gas company; and the plant and machinery, being fixtures appurtenant thereto and used in any way in connection therewith by any such company when situate on any street or public place, shall be deemed to be rateable property, and shall be liable to taxation for municipal purposes as provided in subsection (2) hereof and for school purposes as provided in section 198 of the Public Schools Act. Basis of taxation. (2) The companies referred to in subsection (1) shall pay to the city annually, (a) in the case of every telephone company, (i) at the rate of one and one-quarter per centum per annum on the revenue, being gross rentals actually annually received by such company from its subscribers for telephones, situate within the city, including inter-exchange tolls of a 125 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

telephone company for calls between exchanges within the city, and (ii) at the rate of one and one-quarter per centum per annum on the revenue, being the amount actually annually received from each and every lessee, licensee, permittee, user, and occupier of any and all of such company's poles, conduits, cables, and wire situate within the city where such company has granted the use or right of occupation of any or all such poles, conduits, cables, and wires to any person by lease, license, permit, or any other instrument; (ft) in the case of every gas company, electric light company, and electric power company, at the rate of one and one-quarter per centum per annum on the revenue, being the amount actually annually received by such company for gas, electric light, or electric power consumed within the city; (c) in the case of every closed-circuit television company, at the rate of one and one-quarter per centum per annum on the revenue, being gross rentals actually annually received from its subscribers for closed-circuit television service situate within the city. craipudes. (•*) Every company to which this section applies shall annually, without any notice or demand, make a return of its revenue as aforesaid for the previous year, and shall file such return with the Director of Finance on or before the fifteenth day of April in each year, and shall on or before the third day of July in each year pay to the city the amount imposed by this section. The amount so payable shall bear interest at the rate of eight per centum per annum from such third day of July until payment is made. (4) The taxation imposed by subsection (2) shall be in lieu of all taxes (other than taxes for other than general municipal purposes) otherwise imposed and payable to the city upon the property mentioned in subsection (1). (5) " Closed-circuit television company " includes a person operating for a fee or charge a television-signal receiving antenna or similar device, or equipment for the transmission of television signals to television receivers of subscribers, or any or all of such devices and equipment. (6) Paragraph (ii) of clause (a) of subsection (2) shall come into force and take effect as of the first day of January, 1973, and is retro­ active to the extent necessary to give effect to the provisions thereof. 1953, c. 55, s. 398; 1957, c. 85, s. 20; 1960, c. 80, s. 8; 1965, c. 68, s. 29; 1972, c. 67, s. 27; 1973, c. 93, ss. 15-18; 1977, c. 30, s. 159 (proc. eff. Sept. 30, 1977).

Exemption 399. None of the several companies aforesaid shall be required to business tax pav tjje business tax in respect of any premises occupied or used by it solely for the purposes of the generation, transformation, or distribution 126 1953 VANCOUVER CHARTER CHAP. 55

of electric light, electric power, or gas or for the purposes of telephonic communication, or to pay licence fees other than those payable pur­ suant to clause (e) of section 272. Nothing herein shall relieve the said companies, or any of them, from liability to pay the business tax in respect of the offices and premises, other than those aforesaid, occupied or used by them. 1953, c. 55, s. 399; 1973, c. 93, s. 19.

Collection of Real-property Taxes Tax roll. 400. In each year, upon the passing of the rating by-law, the Col­ lector of Taxes appointed by the Council shall cause a real-property tax roll to be prepared. It need not be in the form of a roll or book, but may consist of a system of sheets, cards, or other records capable of use wholly or in part by mechanical devices. 1953, c. 55, s. 400.

Its contents. 401. (1) The Collector shall cause to be entered in the real- property tax roll the following, and such other particulars as the Council shall direct, with respect to each parcel appearing on the real-property assessment roll as being liable to taxation:— (a) A short description of the parcel as it appears on such assess­ ment roll: (b) The name of the person entered in such assessment roll with respect to such parcel, showing whether he is owner, owner under agreement, or occupier: (c) His address taken from such assessment roll; provided that where such person has, in writing, authorized an address other than that on the assessment roll, the Collector shall substitute that address on the real-property tax roll until written notice of the termination of such authority has been given to him: (d) The assessed value of the land as it appears in the assessment roll, exclusive of exemptions, if any: (e) The assessed value of the improvements, if any, as it appears in the assessment roll, exclusive of exemptions, if any: (/) The real-property taxes for the year as levied by the rating by-law, to the extent that the parcel is not exempt as shown by such assessment roll or otherwise: (g) Any charge imposed pursuant to this Act, other than real- property taxes levied by a rating by-law: (h) Any delinquent real-property taxes. (2) Notwithstanding subsection (1) (b) and (c), where the Collec­ tor is advised by the Assessment Commissioner of a change in the name or address of a person entered in the assessment roll, he shall enter the change in the real-property tax roll. 1953, c. 55, s. 401; 1977, c. 30, s. 159A (proc. eff. Sept. 30, 1977). havl'cuswdy 402. The real-property tax rolls of the city shall, unless otherwise ordered by competent authority, at all times remain in the custody of 127 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

the Collector, and he shall be responsible for their safe-keeping. 1953, c. 55, s. 402. tobemaiiednts 403. Upon completion of the real-property tax roll, the Collector shall proceed to collect the taxes and charges appearing thereon with respect to each parcel from the persons liable therefor, and shall with due dispatch cause to be mailed to each person whose name is required to be entered on such tax roll and by whom the real-property taxes in respect of such parcel are payable, at the address appearing on the tax roll, a tax statement in the like form as is prescribed by the Municipal Act. 1953, c. 55, s. 403; 1968, c. 53, s. 24.

Sailing to 404. The Collector may cause a record to be kept of the date of bo recorded, mailing of each such tax statement. Such record shall be prima facie evidence that the statement was mailed on the date appearing in such record. 1953, c. 55, s. 404. be°hadmay 405. Any person who applies in writing to the Collector for a copy of a tax statement shall be entitled to such copy on payment of a fee of twenty-five cents for each parcel, or such other amount as the Council shall determine. 1953, c. 55, s. 405. tarsal"8 °f 406. If any taxes have been delinquent for a period of one year on real property subject to tax sale, the Collector shall cause a warning to be added to the relevant tax statement to the following effect:— Taxes delinquent. This property will be sold for taxes in November of next year unless all taxes now delinquent for a period of one year are sooner paid. 1953, c. 55, s. 406.

Furiijnr of 407. If any taxes have been delinquent for a period of two years on tax sale. reai property subject to tax sale, the Collector shall cause a warning to be added to the relevant tax statement to the following effect:— Taxes delinquent. This property will be sold for taxes in November of this year unless all taxes now delinquent for a period of two years are sooner paid. 1953, c. 55, s. 407.

408. [Repealed. 1974, c. 104, s. 36.] charges, how 409. Any charges lawfully inserted in the real-property tax roll with respect to any parcel which remain unpaid on December 31st in the year in which they are so inserted, and any interest added pursuant to section 415 shall be deemed to be delinquent real-property taxes for all the purposes of this Act. 1953, c. 55, s. 409; 1970, c. 54, s. 21.

Taxes deemed 410. Real-property taxes levied by a rating by-law shall, unless the ningofyear. by-law otherwise provides, be deemed to be due on and from the first day of January of the year in which the by-law is passed. 1953, c. 55, s. 410.

128 1953 VANCOUVER CHARTER CHAP. 55

When delinquent. 411. Real-property taxes shall be deemed to be delinquent which remain unpaid at the close of business on the thirty-first day of December of the year in which they are levied. 1953, c. 55, s. 411.

Payment of taxes in 412. The Council may by by-law provide for the acceptance by the advance. Collector of moneys to be applied at a future date in payment of real- property taxes, and may in such by-law provide terms and conditions upon which such moneys shall be accepted and held, and the rate of interest to be paid thereon. 1953, c. 55, s. 412; 1970, c. 54, s. 22. r

Taxes to be first charge 413A. In any case where the Crown in right of the Province has against lands. agreed to sell lands which are situate within the city on conditions of deferred payment, and in case the holders of such agreements of sale have defaulted in making payment for such lands or have abandoned such lands, and the title thereto remains in the Crown, and in case such agreement-holders have made default in the payment of any taxes as­ sessed against such lands by the city, then in each such case the taxes assessed shall be a first charge against such lands, and the Province shall, at the time of selling such lands, pay, out of the proceeds of such sale, to the city the amount of the taxes; provided that the amount so paid shall in no case exceed the amount received by the Province from such sale. 1957, c. 85, s. 10.

Constitute special lien. 414. Real-property taxes payable under this Act, together with interest thereon, shall constitute a special lien upon the real property in respect of which they are payable, having preference to any claim, lien, privilege, or encumbrance of any person except the Crown, and shall not require registration to preserve it. 1953, c. 55, s. 414. 415. (1) Unless otherwise provided by a by-law passed pursuant to subsection (2) hereof, interest at the rate of 8% per annum com­ pounded annually shall be added to all real-property taxes that become delinquent on or after December 31, 1969, and to delinquent taxes and interest that remain delinquent after December 31, 1969. (2) Council may, from time to time, by a by-law passed not later than September 30 in any year impose interest to be compounded annu­ ally on real-property taxes which are delinquent in the calendar year following the enactment of such by-law. Such interest rate shall not be

129 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

greater than 4 percentage points above the prime interest rate prevailing on July 31 of the year of its enactment as determined from the City's principal bankers. 1978, c. 41, s. 27.

torments 416. (1) Notwithstanding any provision of this Part, the Council may, by by-law, provide for the payment of real-property taxes and other charges imposed, or to be imposed, pursuant to this Act, by monthly, quarterly, or twice-yearly instalments. (2) A by-law passed pursuant to this section may provide for the collection of taxes and other charges in advance of the passing of the rating by-law or preparation of the real-property tax roll, and may pro­ vide for a penalty on any amounts unpaid on the date they become due and payable; provided, however, that any such penalty when combined with all other penalties imposed pursuant to section 376 shall not exceed the limitation set out in section 376. (3) A by-law providing for the collection of taxes and other charges in advance of the preparation of the real-property tax roll shall provide that the amount of the instalment payable in respect of such parcel of real property shall be a percentage of the amount of taxes and other charges payable on the real-property tax roll for the immediately pre­ ceding year. (4) For the purposes of this section, real-property taxes and other charges shall include school taxes and all other taxes, levies and charges in respect of real property which the city is required to impose pursuant to any statute. 1974, c. 104, s. 37.

Order of application. 417. Payments accepted for real-property taxes, whether by instal­ ments or otherwise, shall be applied and credited in respect of any parcel by the Collector in the following order: First, against any delinquent taxes, and interest thereon, appearing on the real-property tax roll; secondly, against any charges inserted in the roll during the current year; thirdly, against the real-property taxes levied by a rating by-law for the current year. 1953, c. 55, s. 417.

Memo.^show- 418. The Collector, upon payment of the prescribed fee, shall furnish to any applicant therefor a memorandum showing what real-property taxes, if any, are payable in respect of any parcel on the tax roll. The fee, unless otherwise determined by the Council, shall be twenty-five cents for a memorandum covering up to five parcels and an additional five cents for each parcel beyond five. 1953, c. 55, s. 418.

Taxes deemed legal after 419. The taxes as set out in the real-property tax roll with respect to one year. any parcel shall, after the expiration of one year from the passing of the rating by-law purporting to levy them, be deemed to have been duly and legally levied and imposed on that parcel, except where within the said period of one year an action has been commenced questioning the legality of such taxes. 1953, c. 55, s. 419. 130 1953 VANCOUVER CHARTER CHAP. 55

Tax roll prima facie 420. The production of a copy of the part of the real-property tax proof of debt. roll showing the real-property taxes with respect to any parcel shall in any Court be prima facie evidence that the person shown thereon as owner, owner under agreement, or occupier, as the case may be, is indebted to the city for real-property taxes in the amount shown on such copy. 1953, c. 55, s. 420.

Apportion­ ment where 421. Where the boundaries of a parcel, as it appears on the roll, are boundaries changed. altered so as to create a new parcel, and where real-property taxes on such first-mentioned parcel are unpaid, the Collector may apportion such taxes in the proportion that the value of the new parcel bears to the value of the old, and in arriving at such apportionment the Collector may accept the certified valuation of the assessor. Upon such apportionment, the sums so apportioned as taxes shall be deemed to be real-property taxes levied upon such new parcel. 1953, c. 55, s. 421; 1977, c. 30, s. 160 (proc. eff. Sept. 30, 1977).

Collection of School Taxes Agency of school 421A. The city is the agency of the Board of School Trustees of trustees. School District No. 39 (Vancouver) for the collection of school taxes imposed on real property within the city by the Board. 1968, c. 53, s. 24.

Payment to school 421B. (1) Subject to subsection (2), moneys collected pursuant to trustees. section 421A shall be held to the use of the municipality. (2) The Council shall pay to the Board of School Trustees of School District No. 39 (Vancouver) the amount of the taxes imposed in accord­ ance with the requisition of the Board made pursuant to subsection (8) of section 197 of the Public Schools Act. (3) Borrowing by the Council for the purposes of subsection (2) shall not require the assent of the electors. 1968, c. 53, s. 24.

School taxes In arrear. 421c. School taxes remaining unpaid as at the thirty-first day of December, together with any percentage addition thereon, become de­ linquent real-property taxes of the city on the thirty-first day of Decem­ ber in the year in which the school taxes were levied. 1968, c. 53, s. 24.

Sale of Real Property for Delinquent Taxes Thereon Tax sale each year. 422. The Collector shall, on the first Wednesday in November in each even-numbered year and on the second Wednesday in November in each odd-numbered year, at ten o'clock in the forenoon at the City Hall, proceed to offer for sale by public auction every parcel of real property on which, according to the real-property tax roll, any unpaid taxes have been delinquent for a period of two years. 1953, c. 55, s. 422.

Status of Crown lands. 423. Unless the Council otherwise directs, the right or interest of an occupier of Crown lands shall not be offered for sale. 1953, c. 55, s. 423. 131 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Notice of tale. 424. During the month of October preceding the sale, the Collector shall cause general notice thereof to be advertised in three issues of a daily newspaper published in the city and in one issue of the Gazette. 1953, c. 55, s. 424.

Collector to be auctioneer. 425. The Collector shall be the auctioneer at such sale unless the Council appoints some other person to be auctioneer, and the auctioneer may adjourn the sale from time to time as may be necessary until all the parcels offered for sale are disposed of. 1953, c. 55, s. 425.

Withdrawal of parcel 426. Notwithstanding that the advertising has commenced, the Col­ from sale. lector shall withdraw from the sale any parcel in respect of which there is paid to the Collector before it is actually sold all the delinquent taxes thereon in respect of which the parcel is subject to sale, together with interest to the day of payment, and the sum of one dollar and fifty cents to defray any expense incurred by the city in respect of the offer to sell that parcel. 1953, c. 55, s. 426.

Price to be paid. 427. The auctioneer shall not sell any parcel for less than the upset price, being the sum of (a) the delinquent taxes thereon in respect of which the parcel is subject to sale, together with interest to the day on which the sale begins; (b) three per centum of such delinquent taxes and interest, or three dollars, whichever is the greater amount; (c) five dollars for Land Registry fees. Save as aforesaid, the highest bidder for any parcel shall be the pur­ chaser. If there are no bids, or no bids equal to the upset price, the city shall be declared to be the purchaser, and in that case, and in any case under section 429, the provisions of this Act shall thereafter, mutatis mutandis, apply as if a person other than the city had become the purchaser. 1953, c. 55, s. 427.

Reoffer of parcel. 428. If the Collector so directs, and as often as he directs, any parcel of which the city has been declared to be the purchaser shall, while the sale continues, be again put up for sale on the same conditions as before. 1953, c. 55, s. 428. paid a"saiebe 429. The purchaser of a parcel at the sale shall forthwith pay to the Collector for the use of the city the amount of the upset price, otherwise the auctioneer shall declare the city to be the purchaser of such parcel at the amount of the upset price. 1953, c. 55, s. 429. Balance within 430. Upon payment by the purchaser of the upset price, the balance of the purchase-money, if any, together with all real-property taxes then delinquent and interest, shall be payable at the expiration of one year from the day on which the sale begins, unless redemption takes place in the meantime. 1953, c. 55, s. 430. 132 1953 VANCOUVER CHARTER CHAP. 55 purchase'6 of 431. The purchaser having paid the upset price for a parcel and having caused to be filed with the Collector a statement showing (a) the full name, address, and occupation of the purchaser; (b) an authorization enabling the Collector to apply on behalf of the purchaser to register any necessary documents in the land titles office shall be entitled to a certificate of purchase. 1953, c. 55, s. 431; 1978, c. 25, s. 334 (proc. eft. Oct. 31, 1979).

Its contents. 432. The certificate of purchase shall be signed by the Collector, or some person authorized by him for the purpose, and shall show (a) the name, address, and occupation of the purchaser; (b) the description of the parcel purchased; (c) the purchase price; (d) the last day for redemption. 1953, c. 55, s. 432.

Copy of sections 433. The certificate of purchase shall also contain a copy of sections Included. 439 and 441. 1953, c. 55, s. 433.

Mode of transfer. 434. A purchaser other than the city may, at any time before the Collector makes application under section 440, transfer his certificate of purchase by assignment in writing, executed, attested, and acknowledged in like manner as an instrument required to be registered under the Land Titles Act. Upon receipt of such assignment, together with the certificate of purchase and a statement on behalf of the transferee containing the information and authority required under section 431, the Collector shall alter his records accordingly, and thereafter the trans­ feree shall be deemed to be the purchaser in lieu of the transferor. 1953, c. 55, s. 434; 1978, c. 25, s. 332 (proc. eff. Oct. 31, 1979).

Notice by Collector to 435. The Collector, within six months after any parcel has been interested parties. sold, shall cause to be mailed by registered post to every person who at the time of the sale had any registered interest in, or charge upon, the parcel a notice stating (a) the day on which the sale began at which the parcel was sold; (b) the purchase price; (c) the upset price; (d) the last day for redemption of the parcel; (e) the name of the owner, or owner under agreement, taken from the real-property tax roll. The address shown on such tax roll shall be sufficient in the case of owners and owners under agreement. In respect of others, the address appearing on the application for registration of such interest in the land titles office shall be sufficient. Such notice shall have printed thereon a copy of sections 437 and 438. 1953, c. 55, s. 435; 1978, c. 25, s. 334 (proc. eff. Oct. 31, 1979). 133 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Status of parcel so sold. 436. Notwithstanding that any parcel may have been sold for real- property taxes, it shall, during the time allowed for redemption, remain on the assessment roll and on the tax roll in the name of the owner, or owner under agreement, as it appears thereon at the time of the sale; real-property taxes shall continue to be payable by such owner, or owner under agreement, and shall continue to constitute a special lien on the parcel as provided by section 414. 1953, c. 55, s. 436.

Mode of redemption. 437. The owner of the parcel sold, or any person having an interest therein, or any person on behalf of either of them, may, at any time within one year from the day on which the sale began, but not afterwards, redeem the parcel so sold by paying or tendering to the Collector for the use and benefit of the purchaser, or his legal representative, the sums paid by such purchaser, together with interest at six per centum per annum and, in addition for the use and benefit of the city if the parcel is redeemed after the first day of October, any taxes which are delinquent for more than two years, with interest thereon; and the Collector shall thereupon give such owner or other person a receipt showing the amount paid, the description of the parcel, and a statement that the parcel has been redeemed. 1953, c. 55, s. 437.

Right to complain- 438. The purchaser of any parcel shall, while it remains unredeemed, be entitled to complain against the assessment and appear at the Court of Revision appointed under the Assessment Act. 1953, c. 55, s. 438; 1977, c. 30, s. 161 (proc. eff. Sept. 30, 1977).

Demand to bo sent. 439. If any parcel purchased by someone other than the city remains unredeemed at the expiration of the time for redemption, the Collector shall forthwith cause to be mailed to the purchaser thereof by registered post at the address shown in his certificate of purchase a demand for the payment of (a) the balance of the purchase-money, if any, in respect of such parcel; (b) all taxes on such parcel which are delinquent at the date of the demand, together with interest thereon. 1953, c. 55, s. 439.

Purchaser to be registered. 440. If such purchaser, within thirty days from the date of the mail­ ing of the demand, pays to the Collector the amount so demanded, or if the city, being the purchaser, makes the payment in the last section mentioned, the Collector shall forward to the Registrar of Titles a notice of the completion of the purchase of the parcel showing the full name, address, and occupation of the purchaser, together with a fee of five dollars and an application for the registration of the purchaser as owner of such parcel; and the Registrar of Titles shall thereupon register the purchaser as owner of such parcel, and shall issue to him a certificate of indefeasible title without requiring the production of any outstanding certificate of title or duplicate certificate of indefeasible title. 1953, c. 55, s. 440. 134 1953 VANCOUVER CHARTER CHAP. 55 he defaults" 441. If the purchaser fails to complete the purchase by paying to the Collector the amount so demanded with respect to any parcel within the time specified as aforesaid, the Collector shall forward a notice of such failure to the Registrar of Titles, who shall thereupon cancel the tax-sale notice in respect of that parcel, and the amount paid by the purchaser shall be forfeited and shall be the property of the city, but not as taxes paid in respect of such parcel. 1953, c. 55, s. 441. parcel Spon 442. Upon failure to complete the purchase, the taxes which were such default, included in the upset price shall be restored to the real-property tax roll and the provisions of this Act relating to the sale of real property for delinquent taxes shall again apply. 1953, c. 55, s. 442.

Status of former owner 443. Where the sale of a parcel purporting to be a sale thereof for after sale. real-property taxes pursuant to the provisions of this Act is made, every right or interest of the person who at the time of the sale was the owner, or owner under agreement, of the parcel shall immediately cease and determine, except that (a) the parcel shall be subject to redemption as provided in this Act; (b) the right to possession of the parcel shall not be affected during the period of redemption, subject, however, to impeachment for waste; (c) any person having a registered interest in the parcel may during the period of redemption, but not afterwards, bring an action to have the sale of the parcel set aside and declared invalid, but the grounds for such action shall be limited to the follow­ ing:— (i) That the parcel was not liable to taxation during the time in which the taxes for which it was sold were levied; or (ii) That the taxes for which the parcel was sold were fully paid; or (iii) That the sale at which the parcel was disposed of was not fairly and openly conducted. 1953, c. 55, s. 443.

Status of sale set aside. 444. If in any such action the sale is set aside and declared invalid on the ground that the sale was not fairly and openly conducted, the Court may order that the taxes accrued in respect of the parcel, together with interest, shall be, and continue to be, a special lien upon the parcel as if the sale had not taken place, and that such taxes and interest shall be deemed to be delinquent taxes, or the Court may order the immediate payment of such taxes and interest, or may make such other order as shall be just. 1953, c. 55, s. 444.

Manifest errors. 445. If during the period of redemption the Council is satisfied that any manifest error has taken place in the sale or in the proceedings prior thereto, the Council may, by resolution and after notice to the purchaser, 135 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

provide that the purchase price be returned to the purchaser with interest at six per centum per annum, and that the taxes as they appeared on the real-property tax roll prior to the sale be restored to the roll, and there­ after such taxes shall be deemed to be delinquent taxes. 1953, c. 55, s. 445. Protection against 446. After the period of redemption has expired, no action shall be actions. brought or proceedings commenced against the city, or the Registrar of Titles, or the Attorney-General under the Land Titles Act, or the Collector, or the auctioneer, with respect to any parcel purporting to have been sold for real-property taxes under the provisions of this Act, except that an action for damages may be brought against the city only upon the following grounds, and no other:— (a) That the parcel was not liable to taxation during the time in which the taxes for which it was sold were levied; or (b) That the taxes for which the parcel was sold had been fully paid; or (c) That the parcel had been redeemed during the period of redemption; and then only if the action is brought within one year of the day upon which the period of redemption expired. 1953, c. 55, s. 446; 1978, c. 25, s. 332 (proc. eff. Oct. 31, 1979).

Notice vitiates claim. 447. No damages shall be awarded in such action if it appears that the plaintiff, or the person through whom he claims, was aware during the period of redemption that the parcel had purported to have been sold under the provisions of this Act. 1953, c. 55, s. 447.

City may acquire pos­ 448. If the city as purchaser at a tax sale becomes the registered session of parcel sold. owner of a parcel under the provisions of this Act, the city may, in order to get vacant possession thereof, give to any occupant of such parcel four weeks' notice of its intention to sue out a writ of possession in the Supreme Court of British Columbia, and unless in the meantime the occupant registers a lis pendens against the parcel, the city shall, without any order for that purpose, be entitled to sue out such writ of possession immediately upon the expiration of the said period of four weeks on filing an affidavit showing due service of such notice. 1953, c. 55, s. 448.

Person redeeming 449. The Council may by by-law provide for the acceptance by the may pay by instalments. Collector of moneys to be applied at a future date in redemption of any parcel sold for real-property taxes from any person entitled to redeem the parcel, and may by such by-law prescribe the terms and conditions upon which such moneys shall be received and held. 1953, c. 55, s. 449. ofparce^s'" 450. At any time within six months after it has become the purchaser q uired at a i'ai e °f parcel at a tax .sale, the city may, by resolution of the Council, sell such parcel for an amount not less than the upset price, together with 136 1953 VANCOUVER CHARTER CHAP. 55

interest at six per centum per annum, but the right of redemption in respect of such parcel and the period of redemption reckoned from the day on which the tax sale began shall not be impaired. 1953, c. 55, s. 450.

«covering 451. (1) If the city as purchaser at a tax sale becomes the regis- §efauitingm tered owner of a parcel and subsequently enters into an agreement to sell owner. sucjj parcel, and if the purchaser under such agreement makes default in the payment of principal, interest, taxes, or other charges due thereunder, the city need not bring an action to enforce its rights but may instead, if the Council by resolution so directs, cause notice to be given to the purchaser in writing at the address given in the agreement referring to this section and demanding payment of the amount in default to the city within ninety days from the giving of the notice and warning the pur­ chaser that upon his failure to remedy the default within the said ninety days, he and those claiming under or through him will forfeit any interest in the said parcel, together with any sums theretofore paid to the city under the agreement. If the purchaser fails to remedy the default within the said period of ninety days, all the right, title, and interest of the purchaser under the agreement, and all those claiming under or through him, shall, at the expiration of such period, absolutely cease and deter­ mine, and the parcel shall immediately become revested in the city, free from all claims by the purchaser, or anyone claiming under or through him, and, notwithstanding any Statute or rule of law or equity to the contrary, all payments made to the city under the said agreement shall be forfeited to the city. The city may file with the Registrar of Titles a statutory declaration proving such resolution, the giving of the notice, and the continued default, and thereupon the Registrar shall cancel any charge or encumbrance registered against the parcel in respect of the agreement. (2) Where any parcel becomes revested in the city under subsection (1), the city may cause notice to be given to any occupant of such parcel requiring him to vacate forthwith and giving to him four weeks' notice of the city's intention to sue out a writ of possession of such parcel in the Supreme Court of British Columbia, and unless within such four weeks the occupant vacates the parcel or registers a lis pendens against the parcel, the city shall, without any order for that purpose, be entitled to sue out such writ of possession on filing with the District Registrar of the Court an affidavit proving service of the notice and failure to vacate. 1953, c. 55, s. 451. surplus to 452. If the purchaser of a parcel at a tax sale completes his purchase collector. ^y paying to the Collector a sum in excess of the upset price, together with the delinquent taxes and interest required of him under section 439, the owner, or owner under agreement, at the expiration of the period of redemption, or such other person as may be legally entitled to it, may claim such excess from the city. To the person establishing his claim to 137 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

the satisfaction of the Collector, the city shall pay the excess, 1953, c. 55, s. 452.

Action may be taken. 453. If a claimant fails to establish his claim to the satisfaction of the Collector, he may bring an action against the city in respect thereof in any Court of competent jurisdiction. 1953, c. 55, s. 453.

Period of limitation. 454. Any such excess shall belong absolutely to the city, if, within six years after the expiration of the time for redemption of the parcel in respect of which it was paid, no person has established his claim to the satisfaction of the Collector, and no action in respect thereof has been brought against the city. 1953, c. 55, s. 454.

PART XXI

POLICE COMMISSIONERS 455 to 473. [Repealed. 1974, c. 87, s. 38.]

473A. [Repealed. 1974, c. 87, s. 38.] [Repealed. 1974, c. 64, s. 58 (proc. eff. Nov. 15, 1974.)]

473B. and 474. [Repealed. 1974, c. 87, s. 38.]

PART XXII

POLICE MAGISTRATES 475 to 480. [Repealed. 1962, c. 36, s. 27.] Enforcement 481. Notwithstanding anything to the contrary contained in this or any other Act, but subject to the Administration of Justice Act and the Police A ct, it is the duty of the city to bear the expense necessary to (a) generally maintain law and order in the city; (b) provide an office for the police force in the city and provide premises as a place of detention; and (c) provide for the care and custody of persons held in those places of detention. 1974, c. 64, s. 58 (proc. eff. Nov. 15, 1974); 1976, c. 32, s. 23A (proc. July 8, 1976, eff. Nov. 15, 1974).

Ticket 482. The Council may, by by-law, provide that for a contravention of offences. (a) a by-law of the city respecting street traffic made under section 125 of the Motor-vehicle Act or section 317 of this Act; or (b) any provision under section 324, an information may be laid and a summons issued by means of a ticket in accordance with the procedure set out in section 11A (2) to (9) to the Summary Convictions Act, and the provisions of that section apply 138 1953 VANCOUVER CHARTER CHAP. 55

with the necessary changes and so far as they are applicable to this sec­ tion, and for that purpose (c) a reference to the Lieutenant-Governor in Council shall be deemed to be a reference to the Council; (d) a reference to the Province shall be deemed to be a reference to the city; and (e) a reference to the regulations shall be deemed to be a reference to the by-laws. 1974, c. 87, s. 38; 1975, c. 43, s. 12.

£?o|£r$of 483. (1) The Council may, by by-law, provide for the disposal of by police. property that has come into the possession of a member of the police force in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto. (2) The by-law may authorize the sale of the property referred to in subsection (1) and the application of the proceeds of the sale, and the application of any money of which the owner cannot be ascertained, to all or any of the following purposes:— (a) The expense of carrying out the provisions of the by-law: (b) The payment of reasonable compensation to any person by whom the property was delivered into the possession of the police: (c) Payment into the general revenue of the city. (3) Where the property is a perishable article or its custody involves unreasonable expense or inconvenience, it may be sold at any time, but the proceeds of the sale shall not be disposed of other than to the lawful owner until they have remained in the possession of the city for a year. (4) In any other case the property shall not be sold until it has re­ mained in the possession of the police for at least nine months. 1974, c. 87, s. 38. radato'd 484. (1) It shall be the duty of the city to bury any unclaimed body. human body found dead within the city limits, but the city may recover the expense of burial from the local authority of the local area of which the deceased was a resident, and thereafter the local authority by which the expense is incurred may recover the expense from the estate of the deceased. (2) The provisions of the Residence and Responsibility Act apply to this section. 1974, c. 87, s. 38.

484A and 484B. [Repealed. 1974, c. 87, s. 38.]

PART XXIII

PARKS «"bushed1 485. A board of commissioners, to be known as the " Board of Parks and Recreation " or " Park Board," shall be elected as hereinafter pro­ vided, and shall consist of seven members or such other number as the 139 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Council may by by-law prescribe. 1953, c. 55, s. 485; 1956, c. 70, s. 13; 1974, c. 104, s. 39.

HOW elected. 4§6. The members of the Board shall be nominated and elected at the same time and in the same manner as the Aldermen, and shall serve for such terms as the Council may by by-law provide. The provisions of Part II relating to Aldermen shall, mutatis mutandis, apply to members of the Board and candidates therefor. The members of the Board shall be sworn in with the like oath and in the like manner as Aldermen. 1953, c. 55, s. 486; 1953 (2nd Sess.), c. 47, s. 6. dealt waithncies 487. In the event of a vacancy on the Board, a new election to choose a successor for the balance of the term need not be held unless the Coun­ cil so directs, in which case the provisions of section 128 shall, mutatis mutandis, apply. 1953, c. 55, s. 487.

careofn 488. (1) The Board shall have exclusive possession of, and exclu- Board. sjve jurisdiction and control of all areas designated as permanent public parks of the City in a manner prescribed in subsection (5) of this section, and such areas shall remain as permanent public parks, and possession, jurisdiction and control of such areas shall be retained by the Board; provided that such designation may be revoked or cancelled in accord­ ance with the provisions of any agreement creating such designation pursuant to paragraphs (c) and (d) of subsection (5) of this section or, in the case of a designation, pursuant to paragraph (a) or (/) of sub­ section (5) of this section, by resolutions of both City Council and the Park Board where, in each case, the same was passed by an affirmative vote of not less than % of all the members thereof. (2) The Board shall have exclusive possession of, and exclusive jurisdiction and control of all areas of the City that are designated by resolution of Council as temporary public parks. Resolutions desig­ nating areas as temporary public parks shall not be revoked except by a resolution of Council requiring the affirmative vote of not less than % of all members of Council. (3) The Board shall have the custody, care and management to the extent prescribed by Council of such other areas belonging to or held by the City as Council may from time to time determine. (4) The areas referred to in subsections (1), (2) and (3) of this section are referred to in this Part as "the parks". (5) Real property is designated as a permanent public park by (a) a declaration as such by a resolution or by-law of Council; (ft) statutory appropriation of specific real property for park purposes; (c) dedication by either a person or by the City by deposit of a subdivision plan in the Vancouver Land Registry Office; (d) gift to the City for permanent public park purposes; 140 1953 VANCOUVER CHARTER CHAP. 55

(e) covenant in a document transferring real property to the City indicating that the transferred lands are to be used for park purposes together with acceptance of same by the City; (/) purchases made with funds approved by a plebiscite for the acquisition of permanent public parks borrowed pursuant to Part V. (6) Subject to the provisions of section 490, possession of, and ex­ clusive jurisdiction and control of real property includes the authority to determine how such real property shall be used, what fees or rental charges shall be levied and, subject to sections 492 and 493, what im­ provements shall be made thereon, including the removal or demolition of any existing improvements. 1978, c. 41, s. 28.

Powers of Board. 489. The Board shall have power to provide for Ai to build­ ings, etc. (a) constructing, acquiring, maintaining, equipping, operating, supervising, and controlling such buildings, structures, and facilities as may be required for the recreation, comfort, and enjoyment of the public while within the parks; Sports and games. (b) accommodation for sports and games, and spectators thereof, and setting aside and reserving portions of the parks for speci­ fied kinds of sports and games; Entertainment. (c) entertainment through musical, theatrical, and other activities in the parks, and making a charge for admission thereto; Admittance fees. (d) charging and collecting fees for admission to any building or place in the parks set aside for sports or games, whether by spectators or participants; Closure of parks. (e) closing to the free use of the public the whole or any part of any of the parks, or the whole or any part of any building therein, at such times and for such periods as may be deemed advisable; and charging and collecting a fee for admission to the parks or buildings, or parts thereof, during such periods; and providing penalties for unauthorized entry during such periods; Playgrounds. (/) establishing, equipping, supervising, controlling, and main­ taining playgrounds for children in any of the parks; Equipment. (g) acquiring the necessary furniture and equipment for the build­ ings and activities carried on in the parks; Bathing accom­ modation. (h) accommodation, recreation, supervision, control, and safety of persons using such parts of the parks as are designated for public bathing, and fixing and collecting fees therefor; Swimming- pools. (O establishing, maintaining, and operating indoor and outdoor swimming baths and pools in the parks, and fixing and collect­ ing fees for the use thereof; Bicycles. (/) acquiring bicycles and similar vehicles for the use of the public, and maintaining places in the parks where persons may rent them; 141 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Boats. (k) establishing, maintaining, operating, and equipping landing and other places in the parks where persons may rent boats and other water-craft or accommodation therein, and acquiring and operating such boats and water-craft; Sale of commodities. (/) establishing, maintaining, and operating stands and places for the preparation and sale of foods, confections, beverages, and other refreshments, and for the provision of services and the sale of tobacco products, as well as souvenirs, curios, post­ cards, magazines, and the like, to the public in any of the parks; Animals, etc., may be kept. (m) establishing, maintaining, and operating in any of the parks places for the confinement, exhibition, and accommodation of animals, fish, birds, reptiles, and other creatures which may be objects of interest to the public, and making a charge therefor; Areas set apart for bathing, etc. («) designating areas in the parks or elsewhere in which persons may bathe, swim, or engage in water sports in public, and prohibiting them from so doing in areas not so designated, and regulating the dress of persons while bathing, swimming, or engaged in water sports and while going to and returning from such areas; And for skating, etc. (o) designating areas in the parks where persons may skate, ski, or sleigh, and for the supervision and control of persons engaged in such activities; Council may add to powers. (p) doing such other things with respect to any of the parks as the Council shall from time to time authorize; Implementing powers. (g) doing such other things in furtherance of any of the above powers as shall be deemed expedient. 1953, c. 55, s. 489.

Power of Board to 489A. The Council may authorize the Board, and the Board when perform works. so authorized shall have power, to perform any works and provide any services with respect to real property not within the parks for any non­ profit or charitable institution in any case where the Council deems such works or services to be to the general advantage of the city and that such institution is performing a work or service for the public benefit, and the city may enter into an agreement with such institution for the performance of such works or provision of such services if Council deems it expedient. 1961, c. 76, s. 8.

489B. (1) Council may from time to time by by-law authorize the payment of an annual indemnity not exceeding $2,000 to each member of the Board. (2) A by-law passed under subsection (1) may provide that a por­ tion of the annual indemnity to be paid to a member of the Board shall be paid as an allowance for expenses incidental to the discharge of the duties of his office. 1972, c. 67, s. 29; 1975, c. 43, s. 12 (eff. Jan. 1, 1974). 142 1953 VANCOUVER CHARTER CHAP. 55

Board's power of 490. (1) Subject to sections 492 and 493, the Board, in the name leasing, etc. of the City, may by lease, licence, or any other agreement, permit any person to occupy any building or place or any part thereof in a perma­ nent public park, on such terms as to remuneration or otherwise as to the Board may seem expedient. Such agreements shall contain a pro­ vision providing for the termination thereof if such park ceases to be a permanent public park pursuant to the provisions of subsection (1) of section 488. (2) Subject to the provisions of sections 492 and 493, the Council may delegate to the Board power, in the name of the City, to enter into agreements permitting any person to occupy any building or place in a temporary public park or any part thereof on such terms as to remunera­ tion and otherwise as the Board may deem expedient. (3) Any agreement made pursuant to this section shall be executed in the manner prescribed by the Board. 1978, c. 41, s. 29.

Board's power to make 491. In the exercise of any of its powers, the Board may from time by-laws. to time pass, amend, and repeal by-laws (not inconsistent with any by­ law passed by the City Council) to be observed in the parks, or any of them, for the control, regulation, protection, and government of the parks and of persons who may be therein, including Excluding animals, etc. (a) the exclusion from any o£ the parks, or any part thereof, of any animal or vehicle; Controlling assemblies. (b) the assembling or gathering of persons in any of the parks, and, if deemed necessary, the prohibition of such assemblies or gatherings; Regulating signs. (c) the regulation of advertising or signs of any kind in any of the parks; Mischief may be forbidden. (d) prohibiting persons from damaging trees, shrubs, flowers, or other growing things, or fences or other property, in the parks; and from depositing rubbish, bottles, paper, or other discarded materials in the parks; Procedure at Board's (e) the procedure and conduct of the meetings of the Board and meetings. the selection of a Chairman thereof; (/) the delegation to the Superintendent, or such other person as may be named, of any or all of the powers set forth in clauses (a), (b), (c), and (d) hereof. 1973, c. 55, s. 491; 1973, c. 93, s. 20.

Board's estimates to be 492. The Board shall, at the beginning of each year, cause to be submitted each year. prepared and submitted to the Council a detailed estimate of the receipts from every source, and of the expenditures of the Board of every kind, during that year, showing the amount estimated to be necessary for the purposes of the Board up to the thirty-first day of December next there­ after. The said estimate shall be considered by the Council and adopted in whole or in part. 1953, c. 55, s. 492. 143 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Adopted 493. (1) Save by resolution of the Council, the Board shall not estimates not v ' J to be exceeded, authorize or make any expenditures except those provided for in the estimate as adopted by the Council. (2) The Board may, for periods of not more than twelve months at a time, give authorization in advance to the Superintendent of Parks and Recreation to draw warrants for payment prior to approval of the Board, but every warrant for a payment so authorized in advance shall be reported in writing by the Superintendent of Parks and Recreation to the Board within fifteen days after the end of the month in which the warrant is drawn. 1953, c. 55, s. 493; 1962, c. 82, s. 15; 1974, c. 104, s. 39. o"byriaewsent 494. The provisions of section 151 shall, mutatis mutandis, apply to the Board, and with respect to any by-law passed under this Part the provisions of section 333 shall, mutatis mutandis, apply. 1953, c. 55, s. 494.

Special meetings of 495. The Chairman may and, upon the written requisition of any the Board. two members, shall call a special meeting of the Board to deal with any matter of which notice is given specifying the purpose of the meeting. Except by the unanimous consent of all the members, at least forty-eight hours' notice of a special meeting shall be given. 1953, c. 55, s. 495.

Certain employees to 496. Every warden, life-guard, patrolman, or watchman employed have special powers. in the parks by the Board shall, while in the performance of his duties within the parks, be ex officio possessed of all the powers and authority of a police constable. 1953, c. 55, s. 496.

Power to mak£ agree­ 497. The Council may enter into agreements on behalf of the city ments with other munici­ with neighbouring municipalities for the joint acquisition, regulation, palities. management, maintenance, improvement, and control of any public park, beach, pleasure-ground, or recreation-ground, and may grant or expend money for the upkeep, maintenance, improvement, or management of any such public park, beach, pleasure-ground, or recreation-ground, notwithstanding that the same may not be in the city. 1953, c. 55, s. 497.

Board's Jurisdiction 497A. Notwithstanding anything contained in any other Act, the outside city. jurisdiction and powers of the Board of Parks and Recreation and of every warden, lifeguard, patrolman, or watchman employed by the Park Board shall extend to and be as valid and effectual within the boundaries of the public parks of the city and such other areas as are in the custody, care, and management of the Board, situate outside the boundaries of the city, as if such parks and other areas were situate within the city; provided that nothing herein contained shall be deemed to affect the exercise within the boundary of any such parks and other areas by any other authority, officer, or constable of any jurisdiction or power under any other Act. 1967, c. 63, s. 8; 1974, c. 104, s. 39. 144 1953 VANCOUVER CHARTER CHAP. 55

PART XXIV

LOCAL IMPROVEMENTS ISion10' 498. In this Part, unless the context otherwise requires, " assessed owner " means the person appearing by the records kept by the Collector of Taxes to be the owner of any parcel of real property, unless it appears by such records that the parcel is held by an owner under agreement, in which case " assessed owner " means such owner under agreement. In the case of a parcel of Crown lands it shall mean the occupier of the said parcel; " cost of the project " may include (a) surveying and engineering expenses; (b) cost of advertising and of mailing notices; (c) interest on temporary loans; (d) interest during construction; (e) compensation for real property acquired for the purpose of the project or injuriously affected by it, and the expense incurred by the city in connection with the determina­ tion of such compensation; (/) the estimated cost of the issue and sale of deben­ tures and of any discount allowed to the purchasers of them; (g) expenditures which, at the time of their authoriza­ tion, were designated by Council to form part of the cost of an anticipated local improvement. 1953, c. 55, s. 498; 1957, c. 85, s. 19; 1974, c. 104, s. 40; 1977, c. 30, s. 162 (proc. eff. Sept. 30, 1977). notices80' 499. For the purposes of this Part, a notice shall be deemed to be mailed to a person if it is mailed, addressed to such person at his actual place of residence or of business, if known, or at his address as it appears in the records kept by the Collector of Taxes. 1953, c. 55, s. 499; 1977, c. 30, s. 163 (proc. eff. Sept. 30, 1977). nwntVrojeSs6" 500. (1) When, in the exercise of any of its powers of effecting and carrying out any works, improvements, or services, the Council deems that any such works, improvements, or services will specially benefit real property in a limited and determinable area, the Council may from time to time, subject to the provisions of this Part, undertake and carry out such works, improvements, or services (in this Part referred to as " projects ") and pass by-laws (herein referred to as " local improve­ ment by-laws ") for borrowing on the general credit of the city such sums as may be necessary to defray the cost of any such project and for levying and collecting taxes based on special assessments imposed, save as hereinafter provided, upon the real property so deemed to be specially benefited, for the payment of all or any part of such cost. m 145 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(2) Instead of passing a separate by-law for each such project, the Council may pass one by-law in respect of several projects. (3) [Repealed. 1961, c. 76, s. 9.] 1953, c. 55, s. 500; 1957, c. 85, s. 14; 1960, c. 80, s. 9; 1961, c. 76, s. 9.

Property- owner's share 501. The amount of taxes so to be levied and collected (herein of the cost. referred to as the " property-owners' share of the cost") shall be ap­ portioned against the individual parcels of real property in the area in proportion to their respective special benefits on the basis and in the manner prescribed by by-law. 1953, c. 55, s. 501.

City's share of the cost. 502. Any part of the cost of a project not so to be levied and col­ lected (hereinafter referred to as " the city's share of the cost ") shall be paid by the city, and the Council may from time to time, by by-law, provide for such payment out of the general revenue of the city, or out of capital funds raised by the issue of debentures upon the general credit of the city at large for the purpose of creating a general fund to provide the city's share of the cost of local improvements either before or after the initiation, commencement, or completion thereof. 1953, c. 55, s. 502; 1955, c. 114, s. 15. deauw"ithh°w 503. The amount of taxes that would otherwise be collected under this Part from the Crown shall be paid by the city, unless the Crown pays them or their equivalent voluntarily. 1953, c. 55, s. 503.

Property otherwise 504. (1) Every parcel of real property that is exempt from real exempt may be taxed. property taxation under Part XX is liable to be specially assessed and to be taxed under this Part except (a) Crown land, or (b) real property vested in the City, or (c) real property vested in the Board of School Trustees of School District 39 (Vancouver), or (d) real property of a hospital that is exempt from real property taxation under section 396 (c) (iii). (2) Notwithstanding subsection (1), (a) the right or interest of an occupier of Crown land, or (b) real property vested in the City that Council, by resolution, has declared to be liable to be specially assessed and taxed under this Part with respect to the cost of a project specified in the resolution, is liable to be specially assessed and taxed under this Part. (3) Subsection (1) (d) does not apply to real property in respect of which a special assessment may be made and taxes levied under this Part for the payment of all or part of the cost of a project undertaken by a by-law passed prior to January 1, 1976, under this Part, until the property-owner's share of the cost prescribed by the by-law in respect of the cost of that project has been fully paid. 146 1953 VANCOUVER CHARTER CHAP. 55

(4) This section shall be deemed to have come into force on January 1, 1976, and is retroactive to the extent necessary to give it full force and effect on and after that date. 1976, c. 32, s. 23 (proc. July 8, 1976, eff. Jan. 1, 1976). Borrowing for project. 505. The Council may, pending the completion of a project, borrow from any bank or other person, by way of temporary loans, the necessary amounts to meet the cost of the project, and upon such completion may pass a by-law for the issue of debentures to repay such temporary loans. 1953, c. 55, s. 505.

How projects promoted. 506. The Council may, in its discretion, undertake and carry out a project in any of the following cases:— By petition of owners. (1) By petition: If there has been filed with the City Clerk a suffi­ ciently signed petition praying that a work, improvement, or service, claimed to be of special benefit to real property in a limited and deter­ minable area designated in the petition, be undertaken and carried out. The petition shall be deemed to be sufficiently signed if at least two- thirds in number of the assessed owners as at the date of the filing, rep­ resenting at least one-half the value according to the last revised real- property assessment roll of the parcels liable to be specially assessed, have signed the petition; or On initiative of Council. (2) On the initiative of the Council: (a) If the Council, by resolution passed by at least two-thirds of all the members present, has declared that it is desirable that a work, improvement, or service which the Council deems will specially benefit the real property in a limited and determin­ able area designated in the resolution be undertaken and car­ ried out; and Provision for objections. (b) If, after notice of the Council's intention to undertake the project has been mailed to the assessed owners of the parcels liable to be specially assessed, a sufficient number of notices of objection to the project has not been filed with the City Clerk during the period of one month after the mailing of such notice. The notice so to be mailed shall be sufficient if it sets out in general terms (i) a description of the project; (ii) the designated area; (iii) the estimated total cost of the project and the city's share of the cost; (iv) the estimated annual rate per front foot or other­ wise to the person notified; (v) the number of annual payments to be required. A sufficient number of notices of objection to a project shall be deemed to be filed if at least more than one-half in number of the then assessed owners, representing at least more than one-half of the value according to the last revised real-property 147 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

assessment roll, of the parcels liable to be specially assessed have, in writing, given notice to the City Clerk within the time above prescribed that they object to the project. On special grounds. (3) On special grounds: If the Council, by resolution passed by two- thirds of all its members, has declared that it is necessary in the public interest that in a limited and determinable area designated in the reso­ lution any of the following works, improvements, or services should be undertaken or carried out:— (a) The construction, enlargement, or extension of any system of sewerage or drainage which the Council deems will specially benefit the real property in the area; or (b) The acquisition of real property for establishing or enlarging a lane where the Council deems that such acquisition will spe­ cially benefit the real property in the area; or (c) Upon a street designated in the resolution, Ornamental lighting. (i) street lighting should be installed, constructed, and equipped for the better lighting of such street which the Council deems will specially benefit the real property in the area; or Sidewalks. (ii) a sidewalk of such materials and width as may be specified in the resolution should be constructed which the Council deems will specially benefit the real property in the area; or Paving and repaving or (iii) paving, repaving, or resurfacing of a street or the resurfacing streets. widening of the pavement on a street which Council deems will specially benefit the real property in the area. The taxes to be levied against any parcel pursuant to this clause (c) shall not exceed twenty-five per centum of the assessed value of such parcel (exclusive of improvements). (d) The acquisition and development of parks where the Council deems such acquisition will specially benefit the real property in the area. 1953, c. 55, s. 506; 1960, c. 80, s. 10; 1961, c. 76, s. 11; 1967, c. 63, ss. 10, 11; 1974, c. 104, ss. 41-43.

Collective parking 506A. (1) Where a collective parking project (hereinafter called project. " the parking project ") undertaken by Council as a local improvement pursuant to subsection (1) of section 506 has been completed, then the Council may pass a by-law annually to provide for any or all of the following:— (a) The cost of (i) cleaning, maintaining, and repairing the parking project; (ii) supplying electrical energy for the lighting of the parking project; (iii) supplying water for the parking project; 148 1953 VANCOUVER CHARTER CHAP. 55

(iv) public liability insurance covering the parking proj­ ect, the amount of such insurance to be established by the Council: (b) A sum equal to real-property and local-improvement taxes which would be levied against the parking project but for the exemptions from such taxes allowed on real property vested in the city, by a special assessment imposed upon the real property benefited by and specially assessed for the construction of the parking project sufficient to defray such costs and charges. A schedule shall be appended to the by-law establishing the amount of such costs and charges that is to be levied against each parcel of land specially assessed. The by-law shall set out the period to which such costs and charges apply. (2) The costs and charges levied against each parcel of land pursuant to subsection (1) shall be a sum which bears to the total costs and charges levied against all of the real property pursuant to subsection (1) the same ratio as the amount specially assessed against each such parcel of land for the cost of construction of the parking project bears to the total cost of the construction of the parking project. (3) The special assessment imposed pursuant to subsection (1) shall be deemed to be a tax and shall be collected by the city in the same manner and at the same time as the payment of real-property taxes within the city. (4) Subsections (2) and (3) of section 510 shall not apply to a special assessment imposed upon real property by a by-law passed pursuant to subsection (1). (5) This section shall be deemed to have come into force on the first day of January, 1957. 1961, c. 76, s. 12. oltocaf8"00 506B. (1) Where a project undertaken by Council as a local im- improvements. provement under this part has been completed, then the Council may by by-law provide that the annual cost of any or all of the following:— (a) Cleaning, maintaining, or repairing the project; (b) Supplying electric lighting, water, fuel, or steam for the project; (c) Public liability insurance covering the project, the amount of such insurance to be established by Council; (d) any rental payable in respect of the space occupied by the project; (e) a sum equal to real-property and local-improvement taxes which would be levied against the land and improvements comprised in the project but for the exemptions from such taxes allowed on real property vested in the city; (/) Interest on all moneys borrowed or advanced by the Council to pay for the costs incurred under clauses (a), (b), and (c), shall be specially assessed upon the real property benefited by the project and specially assessed for the payment of all or any part of the cost thereof. 149 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(2) The costs levied against each parcel of land pursuant to subsec­ tion (1) shall be a sum which bears to the total costs levied against all of the real property pursuant to subsection (1) the same ratio as the amount specially assessed against each such parcel of land for the cost of the pro­ ject bears to the total amount specially assessed against all the real property for the cost of the project. (3) The special assessment imposed pursuant to subsection (1) shall be deemed to be a tax and shall be collected by the city in the same manner and at the same time as the payment of real-property taxes with­ in the city. (4) Subsections (2) and (3) of section 510 shall not apply to a special assessment imposed upon real property by a by-law passed pur­ suant to subsection (1). (5) The by-law may provide that the city pay such portion of the annual cost of any or all of the services mentioned in subsection (1) as the Council may see fit as the city's share of the cost. (6) A by-law passed pursuant to this section remains in force from year to year until repealed. 1970, c. 54, s. 28; 1972, c. 67, s. 30.

wh°eroion 507. (1) Where a project undertaken on the initiative of the Coun- exc«ds°ertain c^ involves the construction of a pavement in front of any property situ- width. ate in a residential district and the pavement exceeds twenty-seven feet in width, the cost of the excess shall be included in the city's share of the cost. " Residential district," for the purpose of this section, shall mean any district which has been duly designated by by-law as a district within which the location of any building, other than a two-family dwelling or single-family dwelling is prohibited. faTin^ote0' (2) The Council, in any project undertaken on the initiative of the Council where in its opinion the designated area is unduly large, may, instead of proceeding under clause (b) of subsection (2) of section 506, submit the project to the owner-electors shown on the current list of electors with respect to the parcels in the area; if more than one-third of the votes cast are against the project, it shall be deemed that a suffi­ cient number of notices of objection to the project have been filed with the City Clerk. 1953, c. 55, s. 507; 1960, c. 80, s. 11.

?/gu?rtionskin8 508. The Council may by by-law make regulations not inconsistent with this Part (a) prescribing the forms and contents of notices, petitions, and other documents referred to in this Part; (b) providing that signatures to petitions or notices of objection may not be withdrawn or countermanded after their filing with the City Clerk; (c) prescribing the basis of assessment with respect to any project or group of projects, whether on the frontage or the assessed value of the parcels specially benefited, or on any other basis, including, with respect to any two or more projects of a like 150 1953 VANCOUVER CHARTER CHAP. 55

nature, a provision that by resolution the Council may estab­ lish a flat rate per foot frontage, based on the average cost per foot frontage of such projects as estimated by the Council. For the purpose of this clause, " frontage" shall include "flankage"; (d) providing that the notice of assessment required under section 510 may, where a project is undertaken on the initiative under section 506, be combined with the notice required under section 506; (e) for determining what other works, improvements, or services connected with the project, but not a part of it, are necessary in the public interest to be done at the same time as the project, and what portion of the cost of such other works, improve­ ments, or services shall be included in the cost of the project; (/) for determining by what means corporations and others may sign petitions or give notices of objection to a project, and for delegating to the Collector of Taxes or other employee of the city the power to certify whether any petition for a project has been sufficiently signed, or whether a sufficient number of notices of objection have been filed, and for providing that such certification shall be final and conclusive for all purposes, subject to an appeal to the Council by any person affected by the certificate; (g) where all the parcels in an area are not equally benefited, for determining the proportion of benefit that shall be applied as between different parcels or classes of parcels, and for appor­ tioning the cost of the project accordingly; (ft) where on the real-property assessment roll two or more con­ tiguous parcels are treated as a single parcel, for providing that each such parcel in an area shall nevertheless be taken into account on petitions for, or notices of objection to, a project, and for providing that the certificate of the assessor may be accepted in arriving at the value of such contiguous parcels; (i) for providing the means of apportioning or otherwise adjust­ ing the taxes levied under this Part in cases where parcels are subdivided or otherwise changed so far as their boundaries or zoning are concerned; (/) for determining what variation, if any, is to be applied in assessing corner parcels, parcels of abnormal shape or situa­ tion, and rights-of-way of railways and public utilities, to the end that they may be dealt with in a fair and equitable manner as compared with the other parcels; (k) for providing the means of ascertaining the probable cost of a project and its probable lifetime;

151 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(Z) for prescribing the terms and conditions upon which persons whose real property is specially assessed may commute for a payment in cash the taxes imposed thereon under this Part; (m) for fixing and determining what part of the cost of any par­ ticular project shall be the city's share thereof and what part shall be the property-owners' share thereof; («) for providing by what person the special assessment roll shall be made and the notices of assessment mailed; (o) for providing that the Real-property Court of Revision shall be the Court of Revision for the purposes of this Part; (p) for providing that the city may as owner be reckoned as a petitioner for a project, notwithstanding that it is not an owner liable to be specially assessed; (q) for providing that, notwithstanding the provisions of section 510, a Court of Revision need not sit and notices of assess­ ment need not be mailed in cases where only the supply of electrical energy is undertaken, or where a project is submit­ ted to the owner-electors under subsection (2) of section 507; (r) for providing that where the Council, by the votes of not less than two-thirds of all the members of the Council, either by resolution or by by-law, shall deem and declare, for reasons to be expressly therein set forth, that any property is especially inequitably or unjustly affected by any tax imposed against such property, pursuant to any provision of this Part, the Council may, by such resolution or by-law, reduce the said tax for any one or more years, or for the full period of the by-law imposing such tax, and shall by such resolution or by­ law direct the Collector of Taxes to enter on the tax roll against the said property the amount of the reduced tax in lieu of the original tax; and the amount of the difference between the original and such reduced tax shall be provided out of the general funds of the city; (s) for making any other provision not inconsistent with this Act for the carrying-out of a project and collecting the taxes pro­ vided for by this Part. 1953, c. 55, s. 508; 1956, c. 70, s. 14; 1961, c. 76, s. 13; 1967, c. 63, s. 12; 1969, s. 45, s. 24; 1974, c. 104, s. 17; 1977, c. 30, s. 164 (proc. eff. Sept. 30, 1977).

How joint owners dealt 509. Where two or more persons are together assessed for a parcel, with. in determining the sufficiency of any petition or notice of objection (a) they shall, save as otherwise provided, be reckoned as one owner only; (b) they shall not be entitled to petition or object unless a major­ ity of them concur, and the signatures of any of them, unless 152 1953 VANCOUVER CHARTER CHAP. 55

the petition or notice of objection is signed by the majority, shall be disregarded in determining its sufficiency. 1953, c. 55, s. 509.

Special assessment 510. Before a special assessment is imposed upon any real property roll. by the passing of a local improvement by-law, the Council shall:— (1) Cause to be made a special assessment roll in which shall be entered Its contents. (a) a short description of the project; (b) every parcel (identified by a short description) to be specially assessed in respect of the property-owners' share of the cost, the name of the assessed owner thereof, its length of frontage in feet or assessed value, or other basis of assessment, as the case may be; (c) the estimated rate per foot or other basis of assessment ap­ plicable to the parcel; (d) the number of annual instalments by which the taxes to be levied and collected as a result of such special assessment are to be payable; (e) every exempt parcel, the name of the owner thereof, its length of frontage in feet, or assessed value or other basis of assess­ ment: Notice to be mailed. (2) Cause a notice of assessment to be mailed to the assessed owner of every parcel liable to be specially assessed, setting out with respect to the project (a) a short description of the project; (b) the designated area; (c) the estimated cost of the project; (d) the estimated cost of the city's share; (e) the number of annual payments to be required; (/) the estimated annual rate per foot or other unit of assessment; (g) the time and place at which a Court of Revision will sit to hear complaints against the proposed special assessments: Court of Revision. (3) Unless otherwise provided, sit as a Court of Revision to hear complaints against the proposed special assessments. Such complaints shall be limited to the matters over which the Court of Revision has jurisdiction as set out in section 511. 1953, c. 55, s. 510; 1960, c. 80, s. 12.

Its powers and duties. 511. The Court of Revision shall begin to sit to hear such complaints at such time, not less than fifteen days, after the mailing of the last of the notices referred to in the preceding section and after such advertising of the sittings of the Court as the Council may direct. The special assess­ ment roll shall be kept open for inspection at the office of the Collector of Taxes for at least fifteen days next before the day fixed for the sitting

153 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

of the Court of Revision. The Court of Revision shall have jurisdiction and power to correct errors with respect to (a) the names of the assessed owners; (b) the length of the frontage or other measurements of a parcel; (c) any variation applied pursuant to clauses (g) and (/) of section 508; but it shall not have power to review or alter the proportions of the cost of the project as between the city's share of the cost and the property- owners' share of the cost as fixed by the Council. 1953, c. 55, s. 511; 1974, c. 114, s. 17.

Provision for additions to 512. Where it appears to the Court of Revision that any parcel roll. which is not specially assessed should be specially assessed, the Court shall, before determining the matter, adjourn its sittings to a future day and cause notice to be mailed to the assessed owner of such parcel so that he may be heard. The notice shall be mailed at least ten days before the day fixed for the adjourned sittings. Whether the owner appears or not, if the Court of Revision decides that any such parcel ought to be specially assessed, the Court shall have power to fix the amount of the special assessment thereon. 1953, c. 55, s. 512. 513. Upon notice in writing given to the City Clerk within ten days of the decision complained of, there shall be an appeal from any decision of the Court of Revision to a Judge of the County Court of Vancouver, who shall hear the same summarily and have the like jurisdiction and powers as are conferred upon the Court of Revision by section 511, and the provisions of section 512 shall apply where it appears to the Judge that any parcel not specially assessed ought to be so assessed. 1953, c. 55, s. 513. questioned. 514. The Collector of Taxes shall make such corrections in the special assessment roll as are necessary to give effect to the decisions of the Court of Revision and of the Judge, and thereupon he shall certify the roll. When so certified, the special assessments therein, subject to any proceedings theretofore taken, shall not be open to question in any Court, and any project undertaken by the Council which is based on such special assessments shall be deemed to have been lawfully undertaken in accordance with the provisions of this Part. 1953, c. 55, s. 514; 1974, c. 114, s. 17.

Costs to be apportioned. 515. When the portion of the cost of the project to be borne by the property-owners whose real property is specially benefited by the project has been ascertained, it shall be apportioned in yearly payments over the parcels of real property specially benefited, in accordance with, and apportioned to, the amounts specially assessed against each such parcel in the special assessment roll so certified. The portion of the cost of the project to be borne by the property-owners shall not exceed by more than ten per centum the cost of such portion as estimated by the city,

154 1953 VANCOUVER CHARTER CHAP. 55

and any further excess shall be borne by the city. The yearly payments shall include a sum sufficient to cover the interest. 1953, c. 55, s. 515; 1966, c. 69, s. 18.

™lt1b™iawve" 516. The Council shall pass a local improvement by-law levying the taxes so apportioned to defray the property-owners' share of the cost of the project. In a schedule to the by-law there shall be set out the yearly payment apportioned as aforesaid with respect to each parcel. The schedule to the by-law need not be annexed thereto and, if not so annexed, it shall be embodied in the by-law by reference only. The schedule shall be captioned with reference to the by-law, certified by the Collector of Taxes, and deposited in his office during the currency of the by-law. The schedule so deposited shall be an integral part of the by-law as if expressly embodied therein. 1953, c. 55, s. 516; 1966, c. 69, s. 19; 1974, c. 114, s. 17.

ta?M?oii!° 8° 517- Thereupon the Collector of Taxes shall, with respect to each parcel so specially assessed, insert in the real-property tax rolls for the years required by the by-law, as a charge imposed with respect to such parcel, the amount of the tax levied thereon by the by-law. 1953, c. 55, s. 517.

rep£red0wbhere 518 (]) If a debt has been incurred by the city under this Part, hew invalid. an(j jf after tne incurring of such debt a special assessment is adjudged to be invalid, or the by-law providing for borrowing money therefor is set aside or quashed, either wholly or in part, by reason of any error, irregularity, or illegality in making such assessment or in passing such by-law, the Council shall cause a new assessment to be made, and shall pass a new by-law when and so often as may be necessary to provide funds for the payment of the debt so incurred for such work or improve­ ment. MWby-iaw (^) Every liability or obligation incurred and every debenture issued by the city under the authority of any such defective or illegal by-law shall be as effectual and as binding as if the amending or new by-law directed to be passed had been passed and was in force at the time such liability or obligation was incurred or such debenture was issued. oFcoun?nwers (^) The Council may, of its own motion, amend and correct any manifest error in any special assessment or in any local improvement by-law, and may pass any amending, repealing, or new by-law that may be necessary or expedient for the purpose of making effectual and bind­ ing the liability incurred or the raising of any money by the issuing of any debentures under the authority of any such by-law, and thereupon every liability incurred and the special assessment and annual tax im­ posed thereunder shall be as effectual and binding as if the amending or new by-law directed to be passed had been passed and was in force at the time such liability was incurred and the special assessment and annual tax was levied. 1953, c. 55, s. 518. 155 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2 b«redi«dy 519. Notwithstanding that the Council may have undertaken a in scope. project, it may decide not to carry it out, or the Council may, if it deems that it is inadvisable or impracticable to complete in its entirety any project undertaken, reduce the scope and redefine the area and readjust the limits of such project either before or after commencement thereof, and may also provide that the portion of the cost of such project to be borne by the real property benefited thereby shall be borne proportion­ ately in the same manner and on the same basis as originally provided for such project. 1953, c. 55, s. 519. PartV to apply. 520. The provisions of Part V with respect to borrowing and to debentures and the issue thereof shall, mutatis mutandis, apply to borrowing and to debentures issued pursuant to this Part. 1953, c. 55, s. 520. ctty-s'debt. 521. A by-law authorizing the issue of debentures to defray the property-owners' share of the cost of a project pursuant to this Part need not be submitted for the assent of the electors, and such debentures shall be deemed to form no part of the debt of the city under Part V, nor shall it be necessary to include the amount of the debt created by such debentures in any recital, under that Part, of the total amount of the existing debenture debt of the city. 1953, c. 55, s. 521. deaittwfhhow 522. If in any year the amount realized from the taxes levied under this Part to provide for the property-owners' share of the cost of a project is insufficient to pay the amount falling due in such year, the Council shall provide for the deficiency in the estimates for the following year, but this shall not affect the special liability imposed by the local improve­ ment by-law upon the parcels specially benefited. 1953, c. 55, s. 522. deanSwithOW 523. If the amount realized from the debentures under a local improvement by-law exceeds the cost of the project, the excess shall be taken into the general revenue of the city. If such amount is less than the cost of the project, the shortage shall be paid out of general revenue and shall be amortized over the life of the debentures. 1953, c. 55, s. 523.

n cM«ulng iocai 523A. Notwithstanding anything contained in this Act or in any or worVkment by-law passed in pursuance thereof, in the event of any local improve­ ment or work not being commenced within one year from the date of the sitting of the Court of Revision which was held to hear complaints with respect thereto, the Council may by resolution cancel the said local improvement or work. 1957, c. 85, s. 15.

Special rate 523B. (1) If the Council, by resolution, has declared that (a) it is desirable that a designated work, improvement, or service be undertaken by the Council which it deems will specially benefit the real property in a designated limited and determin­ able area of the city; and 156 VANCOUVER CHARTER CHAP. 55

(b) a sum designated by the Council shall be borrowed for such work, improvement, or service; and (c) the Council is of the opinion that it is expedient to proceed under this section, then the Council may submit to the owner-electors shown on the current list of electors as owners of the real property in such designated area a question in the following form or to the like effect:— Are you in favour of the Council having the power to pass by-laws without the assent of the owner-electors in the area of the city hereinafter defined to borrow from time to time by the issue of debentures a sum of money not to exceed [the sum designated by the Council] in the aggre­ gate for the following purpose: [Describe in brief and general terms the proposed work, improvement, or service.]. The total amount of the indebtedness so incurred shall be borne by the rateable property in the area hereinafter described [describe in brief and general terms the area of the city designated by Council], and such amount shall be levied according to the [insert here either the word " frontage " or the words " assessed value ", as designated by Council] of the rateable property in such designated area. (2) Upon receiving the returns from such question, the Returning Officer shall add up the votes, and if, as a result, he certifies to the Coun­ cil that the votes cast in the affirmative amount to a majority of all the votes cast, the Council shall have power without the further assent of the owner-electors, as and when Council deems necessary, to pass by­ laws to borrow money, by the issue of debentures in an aggregate prin­ cipal amount not exceeding the sum designated by the Council, for the work, improvement, or service described in such question. (3) A by-law passed under this section shall provide that the total amount of the indebtedness created by the debentures issued thereunder shall be borne by the rateable property in the limited and determinable area of the city designated by Council in such by-law and specially benefited by the work, improvement, or service to be undertaken, and whether such amount shall be levied according to the frontage of the rateable property or according to the assessed value thereof. Such levy shall commence not later than one year from the date of the issue of the debentures authorized by the by-law. If the levy is on a frontage basis, it shall not be necessary to state in such by-law the annual rate per front foot. (4) If a by-law passed under this section provides for a levy to be made according to the frontage of the rateable property, then allowance may be made in any assessment for corner lots, triangular or irregularly shaped parcels of land, and parcels comprising a railway right-of-way, having due regard to the situation, value, and superficial area of such lots or parcels as compared with adjoining lots and parcels of land assess­ able for such work, improvement, or service, and the Council may charge the amount of any allowance made on any such lot or parcel of land on the other rateable property in such designated area, or may

157 CHAP. 55 VANCOUVER CHARTER 1-2 ELK. 2

assume the same and provide for payment thereof out of funds raised by general debentures or out of the general revenue of the city. (5) From any such assessment referred to in subsection (4), there shall be the right to appeal to the Council, and from the Council to a Judge of the Supreme Court. Such appeal shall be limited to the matters referred to in section 511 and shall be brought within one year of the final passing of such by-law, and the appeal to the said Judge shall be brought within fourteen days of the decision of the Council. Service of written notice of appeal on the City Clerk shall be deemed to be the bringing of an appeal. The said Judge may make such order in respect of such assessment and as to costs as he may deem advisable and equitable. (6) Subject to subsection (5), none of the foregoing sections in this Part shall be applicable to this section, except sections 498 to 505, inclusive, 508, atad 518 to 523, inclusive. 1958, c. 72, s. 26; 1966, c. 69, ss. 20-22; 1969, c. 45, s. 25; 1974, c. 104, s. 44.

Council may defer levies. 523c. (1) The Council may, by a by-law passed by % of all its members, enter into an agreement with any owner of real property pro­ viding for the deferral of any levies imposed pursuant to this Part on such terms and conditions as to Council seem appropriate. (2) During the life of any such agreement the City shall assume pay­ ments of all levies so deferred in accordance with the provisions under which such levies were imposed. 1978, c. 41, s. 30.

PART XXV QUASHING BY-LAWS AND RESOLUTIONS Illegal by-law or resolution 524. A Judge, upon the application of a person whose name is on may be quasbed. the current list of electors, or of a person interested in a by-law or resolution passed by the Council, may quash the by-law or resolution in whole or in part for illegality. 1953, c. 55 s. 524.

Notice and security. 525. Notice of the application shall be served on the city at least ten days before the day of the hearing, and before the hearing the applicant shall furnish security for the city's costs in such amount and in such manner as the Judge shall think proper. After the determination of the proceedings, the Judge may make such order as to costs as shall be just. 1953, c. 55, s. 525.

Service on city within 526. No application to quash a by-law or resolution, or part thereof, one month. under this part shall be entertained unless notice of the application is served on the city within one month after the passing of the by-law or resolution complained of. 1953, c. 55, s. 526. 527. The notice of application shall set out particulars of the illegality alleged. 1953, c. 55, s. 527. 158 1953 VANCOUVER CHARTER CHAP. 55

Appeal. 528. An appeal shall he to the Court of Appeal from any order made by a Judge under this Part. 1953, c. 55, s. 528. coriru'pt'0 529. A by-law or resolution in respect of the passing of which a practices, etc. violation of any of the provisions of section 131 has taken place may be quashed under this Part. 1953, c. 55, s. 529. application0" 530. Where the ground of the application is an alleged violation cornipt °^ a provision °f section 131, either alone or in conjunction with any practices, etc. other ground, the Judge may hold an inquiry and examine witnesses under oath as to the alleged violation before deciding upon the applica­ tion to quash. The Judge in such case may order that nothing shall be done under the by-law or resolution complained of until the application is disposed of, but if the application is not proceeded with to the satis­ faction of the Judge, he may remove the stay of proceedings. 1953, c. 55, s. 530.

PART XXVI

COMPENSATION FOR REAL PROPERTY EXPROPRIATED OR INJURED Interpre­ tation. 531. In this Part " expropriation " means taking without the consent of the owner; " owner " means any person having a legal or equitable interest in real property. 1953, c. 55, s. 531; 1958, c. 72, s. 27.

Expropriation Power to expropriate. 532. If, in the exercise of any of its powers of acquiring real property, the city fails to come to an agreement with its owner as to the terms of acquisition, the city may, by by-law or resolution of the Council, expro­ priate such real property in accordance with the provisions of this Part. 1953, c. 55, s. 532; 1958, c. 72, s. 28.

Notice to be given. 533. Upon the passing of such a by-law or resolution, the City Clerk shall cause a notice thereof to be posted in a conspicuous place on the real property to be acquired, and shall, in addition, give notice to any owner having a registered interest therein by mail at the address given in his application to register such interest. Personal service may be made on such owner in lieu of the said posting and mailing. 1953, c. 55, s. 533; 1958, c. 72, s. 29.

Contents of notice. 534. The notice shall state that the city has expropriated the real property and that if the compensation therefor cannot be settled by agreement arbitration will follow. The notice shall also state that any claim for compensation may be barred unless particulars of it are filed with the City Clerk within sixty days after service thereof or such posting or such mailing, whichever may be the later. 1953, c. 55, s. 534; 1958, c. 72, s. 30. 159 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2 bebarrTd* 535. The claim of any owner for compensation for expropriation shall be barred and extinguished unless within the said period of sixty days he files with the City Clerk particulars of such claim; provided that, notwithstanding any other section of this Act, a Judge, upon the application of an owner, may extend such period upon proper cause being shown, and upon such terms as to costs and otherwise as the Judge may direct. 1953, c. 55, s. 535. fompe^iuon. 536. Where real property is expropriated by the city under the pro­ visions of this Part, the city shall, unless it is otherwise provided in this Act, make due compensation to the owner for the real property of such owner expropriated, and for any damage necessarily resulting from the expropriation of the real property, beyond any advantage which the owner may derive from any work in connection with which the real property is expropriated. 1953, c. 55, s. 536.

^c/app'ues 537. The amount of the compensation, if not agreed upon, shall be determined by arbitration as of the date of the by-law or resolution pro­ viding for the expropriation, and the provisions of the Arbitration Act shall apply, save as is otherwise provided in this Part. 1953, c. 55, s. 537.

Additional^ 538. Where, in the exercise of the city's powers of acquiring real acquired. property, it appears to the Council that it can acquire for the city a larger or other area of real property in the same block at a more reasonable price or on terms more advantageous to the city than those at which it could acquire the part immediately required for its purposes, the Council may acquire such larger or other area, and may afterwards dispose of so much of it as is not so required. 1953, c. 55, s. 538. entry b°°/t°r 539. (1) At any time after the passing of a by-law or resolution under section 532, and either before or after the making of any award, the city, by leave of a Judge and upon such terms and conditions as the Judge may direct, may enter upon such real property, and if any resist­ ance or forcible opposition is made to its so doing, the Judge may issue his warrant to the Sheriff of the County of Vancouver to put the city in possession and to put down such resistance or opposition, which the Sheriff, taking with him sufficient assistance, shall accordingly do. (2) Leave of the Judge shall not be necessary where the land is being expropriated for or in connection with the opening, widening, altering, or diverting of a street unless, upon application by the owner, a Judge of the Supreme Court otherwise directs. 1953, c. 55, s. 539; 1958, c. 72, s. 31. fe"era°parceis 540. When the expropriation of two or more parcels of real property, whether they have the same owner or not, is undertaken as part of a single project, the Judge may make one order for entry upon so many of such parcels as shall be described in the order. 1953, c. 55, s. 540; 1958, c. 72, s. 32. 160 1953 VANCOUVER CHARTER CHAP. 55

540A. If in the opinion of Council it is necessary or expedient to acquire personal property in conjunction with the acquisition of real property, such personal property may be expropriated and all the pro­ visions of this part with respect to the expropriation of real property shall apply mutatis mutandis to the expropriation of personal property. 1972, c. 67, s. 31. Injurious Affection Compensation for injurious 541. Where real property is injuriously affected by the exercise on affection. the part of the city of any of its powers, the city shall, unless it is other­ wise provided in this or some other Act, make due compensation to the owner for any damage necessarily resulting therefrom beyond any advan­ tage which the owner may derive from any work in connection with which the real property is so affected. 1953, c. 55, s. 541. otherpTopeny. 542. It shall be lawful for the city to enter upon any real property in danger of being injuriously affected for the purpose of executing and to execute any work in mitigation of the apprehended injurious affection. 1953, c. 55, s. 542.

Claim to 543. A claim by an owner for compensation for damage resulting be filed. from his real property being injuriously affected shall be filed with the City Clerk, giving particulars of the claim, within one year after the injury was sustained, or after it became known to such person, and if not so filed, the right to compensation shall be forever barred. 1953, c. 55, s. 543.

How damage ascertained. 544. The amount, if any, of the compensation for damage for injurious affection, if not agreed upon, shall be determined, as at the date when the injurious affection first took place, by arbitration, and the provisions of the Arbitration Act shall apply, save as is otherwise pro­ vided in this Part. 1953, c. 55, s. 544.

General Three arbitrators. 545. Except as otherwise provided, any arbitration under this Part shall be by three arbitrators, one to be appointed by each party and the third to be appointed by such two arbitrators; provided, however, that the parties may by agreement submit the matter to one arbitrator. 1953, c. 55, s. 545; 1958, c. 72, s. 33. vesting order. 546. At any time after the passage of a resolution by Council pursuant to section 532 of this Part and whether the compensation has been determined or not, a Judge may, upon the application of the city and upon such terms as the Judge may think proper, make an order vesting in the city the real property expropriated, and the order shall have the same effect as a vesting order made under the provisions of the Laws Declaratory Act. 1953, c. 55, s. 546; 1958, c. 72, s. 34.

161 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

Compensation represents 547. The compensation, when determined, shall stand in the place property. of the real property, and shall be subject to the limitations and charges, if any, to which the real property was subject, and any claim to, or encumbrance upon, the real property, or any part of it, as against the city shall be converted into a claim upon the compensation. 1953, c. 55, s. 547. ol'oneyear. 548. Any claim under this Part shall be absolutely barred unless within one year from the filing of particulars under section 535 or under section 543, as the case may be, an arbitrator has been appointed at the instance of the claimant. 1953, c. 55, s. 548; 1958, c. 72, s. 35.

Offer and costs. 549. The city may offer to an owner such amount as it thinks rea­ sonable in satisfaction of any claim for compensation under this Part. The costs of any arbitration shall be borne by the parties thereto and may be awarded to the city or the owner or may be apportioned in the discretion of the arbitrator or arbitrators. Such costs shall be based upon the tariff of the Supreme Court or of the County Court, as the arbitrators direct, and shall be taxable by the Registrar of such Court accordingly. 1953, c. 55, s. 549; 1958, c. 72, s. 36. award" °" 550. Every award for compensation under this Part shall bear interest at five per centum per annum from the date of the award or the date of surrender of possession, whichever is later, until payment. 1953, c. 55, s. 550; 1973, c. 93, s. 21.

Change of street grade. 551. There shall be no compensation for injurious affection to a parcel by reason of the alteration of the grade or level of any street, except where (a) upon written application of the owner, the grade or level so altered was established by the city with respect to such parcel; (b) a concrete sidewalk was laid by the city on the portion of such street abutting the parcel and on the same side of the street. 1953, c. 55, s. 551.

Traffic powers. 552. There shall be no compensation for injurious affection by reason of the exercise of any power with respect to street traffic under Part XII. 1953, c. 55, s. 552.

Discontinuance of proceedings 553. If the Council decides that the expropriation of any real prop­ erty should not be further proceeded with, it may repeal the by-law or rescind the resolution providing for its expropriation, but if an arbitrator has been appointed, or if an order has been made under section 539, such repeal or rescision shall take place only by leave of the Judge and upon such terms as to costs and compensation or otherwise as he may direct. 1953, c. 55, s. 553; 1958, c. 72, s. 37.

Powers of 554. (1) In respect of any of the matters referred to in this Part, representatives. persons, guardians, tutors, curators, committees, and trustees shall, on 162 1953 VANCOUVER CHARTER CHAP. 55

behalf of themselves, their successors, heirs, executors, administrators, and assigns, respectively, and on behalf of whomsoever they represent (whether infants, issue unborn, lunatics, absentees, cestuis que trustent, or others under any disability), have power and authority to act as well in reference to any arbitration, notice, or proceeding as in making contracts with, and conveyances to, the city. na?rfeemay (^) If there is no person having such power and authority, or if an representative, owner cannot be found, or whenever the Judge deems it necessary for the purposes of this Act, the Judge may, on the application of the city, appoint a person to act for such owner, and all acts done, contracts made, and conveyances executed and delivered by the person so appointed in respect of any of the matters referred to in this Part shall be as valid and effectual as if the same were done, made, executed, and delivered by the owner. 1953, c. 55, s. 554. Special pro­ vision for 555. If the acquisition of three or more adjacent parcels of real groups of parcels. property, whether they have the same owner or not, is undertaken, and if such acquisition involves expropriation or injurious affection, or both, the city may apply ex parte to a Judge for the appointment of a single arbitrator to determine the compensation payable to any owner in respect of each such parcel, whether for its expropriation or injurious affection, or both. Upon the making of such an order, the provisions of this Part shall, mutatis mutandis, apply. 1953, c. 55, s. 555. purtCTamto 556. Any claim for compensation, whether in respect of expropria- reai property, tion of or injurious affection to real property, shall be deemed appurte­ nant to the real property, and shall be transferable accordingly. 1953, c. 55, s. 556.

Act not to apply. 557. The Lands Clauses Act shall not apply to proceedings under this Act, but where upon the expropriation of any real property a build­ ing or other improvement is not entirely taken, it shall be lawful for the city to make reasonable entry upon the real property not taken for the purpose of mitigating the damage caused to such building or improve­ ment. 1953, c. 55, s. 557. 558. [Repealed. 1958, c. 72, s. 38.]

PART XXVII

PLANNING AND DEVELOPMENT Interpre­ tation. 559. In this Part, or in any by-law made thereunder, unless the con­ text otherwise requires, " building " and " construction " mean " building " and " construc­ tion " as defined in section 304; " certificate of use and occupancy " means a certificate issued by the Director of Planning or such other persons as are author- 163 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

ized by Council, designating the authorized use or occupancy of any land or building; " development" means a change in the use of any land or building, including the carrying-out of any construction, engineering or other operations in, on, over, or under land or land covered by water; " development plan " means a plan or plans for the future physical development of the city or any part thereof, whether expressed in drawings, reports, or otherwise, and whether complete or partial; " non-conforming " as applied to a development means that such development was lawful when it took place but, by reason of a zoning by-law subsequently passed, does not conform to the uses permitted or regulations prescribed by such by-law. " Non-conformity " shall have a corresponding meaning; " official development plan " means any development plan, whether complete or partial, which has been adopted under this Part; " owner " shall include the agent or representative of a person own­ ing or in possession of real property or in receipt of the rents or profits therefrom whether on his own account or as agent or trustee for any other person; " structural alteration " includes any work or construction which involves any change, modification, replacement, or repair of any supporting member of a building, including the bearing walls, columns, beams, or girders thereof; " zoning by-law " shall include a zoning and development by-law. 1959, c. 107, s. 20; 1964, c. 72, s. 16.

ofPf>irectornt 560. The Council may appoint a Director of Planning, who shall of manning. nave sucn duties and powers as the Council may from time to time pre­ scribe. 1959, c. 107, s. 20.

entry to' 560A. The Director of Planning or anyone authorized by him shall inspect. jjave power to enter on to any land or into any building at any reasonable time for the purpose of inspecting such land or building in order to ascer­ tain if the provisions of a zoning by-law are being or have been carried out. 1963, c. 60, s. 16. Development 561. The Council may have development plans prepared or revised from time to time. Such plans may (a) relate to the whole city, or to any particular area of the city, or to a specific project or projects within the city; (b) be altered, added to, or extended; (c) designate land for streets, lanes, and other public thorough­ fares and for the widening of streets, lanes, and other public thoroughfares; designate sites for parks, schools, and public 164 1953 VANCOUVER CHARTER CHAP. 55

buildings; and designate areas for special projects, including those which require development or redevelopment as a whole. 1959, c. 107, s. 20.

Council powers respecting 562. The Council may by by-law official development (a) adopt as the official development plan, or as a part thereof, plan. any development plan prepared under section 561; or (b) revise or amend the official development plan or any part thereof. 1959, c. 107, s. 20.

Undertakings, official 563. (1) The adoption by Council of a development plan shall not development plan. commit the Council to undertake any of the developments shown on the plan. (2) The Council shall not authorize, permit, or undertake any devel­ opment contrary to or at variance with the official development plan. (3) It shall be unlawful for any person to commence or undertake any development contrary to or at variance with the official development plan. 1959, c. 107, s. 20.

Power to acquire lands 564. (1) Where a project is shown upon an official development in addition to those essential plan, the Council may acquire any real property it considers essential to project. to the carrying-out of the project, and in addition acquire other adjacent or neighbouring real property. Such additional real property may include (a) the remnants of parcels, portions of which are essential to carrying out the project; (b) any lands which may be injuriously affected by the project; (c) any lands which, if allowed to be built upon without restric­ tion, might become the site of buildings or structures which would prejudicially affect the full enjoyment of any building forming part of the project or the architectural effect thereof; (d) any lands which the Council is of the opinion could be con­ veniently and profitably resubdivided or rearranged and de­ veloped as part of the project. Power to purchase or (2) The Council shall have the same right to purchase or expro­ expropriate. priate the additional lands as it has to purchase or expropriate the lands immediately necessary for the carrying-out of the project under this Act. Expenses. (3) Any expenses incurred in acquiring additional lands shall be met as part of the project, and the proceeds of any sale or other disposition of the lands so acquired shall be applied, in so far as they are required, in reduction of the cost of carrying out the project. 1959, c. 107, s. 20.

564A. [Repealed. 1977, c. 37, s. 35 (proc. eff. Sept. 22, 1977).] Zoning Zoning by-law 565. The Council may make by-laws (a) dividing the city or any portion thereof into districts or zones of such number, shape, or size as Council may deem fit;

165 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2

(b) regulating, within any designated district or zone, the use or occupancy of land and land covered by water for or except for such purposes as may be set out in the by-law; (c) regulating, within any designated district or zone, the construc­ tion, use, or occupancy of buildings for or except for such pur­ poses as may be set out in the by-law, (d) regulating the height, bulk, location, size, floor area, spacing, and external design of buildings to be erected within the city or within designated districts or zones; (e) prescribing, in any district or zone, building lines and the area of yards, courts, and open spaces to be maintained; and regu­ lating in any district or zone the maximum density of popula­ tion or the maximum floor-space ratio permissible; (/) designating districts or zones in which there shall be no uni­ form regulations and in which any person wishing to carry out development must submit such plans and specifications as may be required by the Director of Planning and obtain the ap­ proval of Council to the form of development; (g) delegating to the Director of Planning or such other persons as are authorized by Council the authority to certify the author­ ized use or occupancy of any land or building; (h) providing for certificates of use or occupancy and providing that the use or occupancy of any land or building other than in accordance with the certificate of use or occupancy applica­ ble to such land or building shall constitute a violation of the by-law and shall render the owner of the land or building liable to the penalties provided in the by-law; (/) authorizing the collection of a fee for a certificate of use or occupancy, which fee may vary according to the type of use or occupancy or the value of the land or building used or occupied; (/') describing the zones or districts by the use of maps or plans, and the information shown on such maps or plans shall form part of the by-law to the same extent as if included therein. 1959, c. 107, s. 20; 1964, c. 72, s. 17.

By-iaw». 565A. Council may make by-laws (a) prohibiting any person from undertaking any development without having first obtained a permit therefor. Such permit shall hereinafter be referred to as a " development permit"; (b) providing that a development permit may be limited in time and subject to conditions, and making it an offence for any person to fail to comply with such conditions; (c) providing that no building permit shall be issued for the con­ struction of any building until a development permit has first been obtained; 166 1953 VANCOUVER CHARTER CHAP. 55

(d) delegating to any official of the city or to any board com­ posed of such officials such powers of discretion relating to zoning matters which to Council seem appropriate; (e) providing for the relaxation in any case where literal enforce­ ment would result in unnecessary hardship of any provision of (i) a zoning by-law (provided, however, that such power to relax shall not be used to permit any construction to provide for multiple occupancy in a one-family dwelling district nor to permit in such a district the use or occupancy of a dwelling as a multiple occupancy dwelling unless it was so used or occupied as at April 1st, 1977), (ii) a by-law prescribing requirements for buildings. Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by the Director of Planning or by any board constituted pursuant to clause (d); (/) providing for the payment of a fee upon application for a development permit, which fee may vary accordingly to the value or type of development for which the permit is sought; (g) providing that the use or occupancy of any land or building in contravention of the provisions of a zoning by-law or the conditions of a development permit shall constitute a violation of the zoning by-law and shall render the owner of the land or building liable to the penalties provided in the by-law; (h) prohibiting the use or occupancy of any land or building on or in which a development has taken place since the eighteenth day of June, 1956, without a development permit; (i) prohibiting the erection, use, or occupancy of any building or the use or occupancy of any land unless due provision is made for public safety and amenity, sanitary facilities, water supply, and drainage. 1964, c. 72, s. 18; 1966, c. 69, s. 23; 1978, c. 41, s. 31. oV^ep^ai'of' 566. (1) The Council shall not make, amend, or repeal a zoning «ming by-law. by-law until it has held a public hearing thereon, and an application for rezoning shall be treated as an application to amend a zoning by-law. (2) Council may by by-law require every person applying for an amendment to the zoning by-law to accompany the application with a fee to be prescribed by by-law. (3) Notice of the hearing, stating the time and place of the hearing and the place where and the times within which a copy of the proposed by-law may be inspected, shall be published in not less than two consecu­ tive issues of a daily newspaper published (or circulating) in the city, with the last of such publications appearing not less than seven days nor more than fourteen days before the date of the hearing. (4) At the hearing all persons who deem themselves affected by the proposed by-law shall be afforded an opportunity to be heard in matters

167 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

contained in the proposed by-law, and the hearing may be adjourned from time to time. (5) After the conclusion of the public hearing, the Council may pass the proposed by-law in its original form or as altered to give effect to such representations made at the hearing as the Council deems fit. (6) Notwithstanding the provisions of this section, where any street or part thereof has been stopped up under the provisions of any Act and the ownership thereof is transferred to the owner of an adjoining parcel of land, then the land formerly comprising the street or part thereof so stopped up shall be deemed to be zoned for the same purpose for which the parcel of which it has become a part is already zoned unless the Council by resolution shall otherwise direct. (7) Notwithstanding the provisions of this section, where any land zoned pursuant to this Part has been transferred to the city for street purposes, whether such street is established or opened up by the city or not, such land shall be deemed not to be zoned unless the Council by resolution shall otherwise direct. 1959, c. 107, s. 20; 1962, c. 82, s. 16. Bovem?n 567. Where the provisions of the zoning by-law impose require- toSnetehtofas ments f°r a lower height of buildings, or a less percentage of a lot that Scour?*'size may De occupied, or require wider or larger courts or deeper yards than and yards. are imposed or required by the provisions of the building by-law, the provision of the zoning by-law shall govern; but where the provisions of the building by-law impose requirements for a lower height of build­ ings, or a less percentage of lot that may be occupied, or require wider or larger courts or deeper yards than are required by the zoning by-law, the provisions of the building by-law shall govern. 1959, c. 107, s. 20. fag bunding?" 568. (1) Non-conformity shall be divided into two types:— (a) Non-conformity with respect to the use which is made of the premises: (fc) Non-conformity arising out of change in the regulations govern­ ing matters other than the use which may be made of the premises. (2) A building lawfully under construction at the time of coming into force of a zoning by-law shall for the purpose of that by-law be deemed to be a building existing at that time. (3) A lawful use of premises existing at the time of coming into force of a zoning by-law, although such use is not in accordance with the provisions of the by-law, may be continued; but, if such non-con­ forming use is discontinued for a period of ninety days, any future use of those premises shall be in conformity with the provisions of the by-law. The Board of Variance shall have power to allow relaxation of this provision. (4) No additions or structural alterations except those required by Statute or by-law shall be made to a non-conforming building without (a) the approval of the Board of Variance if the non-conformity is in respect of use; 168 1953 VANCOUVER CHARTER CHAP. 55

(b) the approval of the Director of Planning if the non-conformity is in respect of regulations only. toirnon-maE0 (5) Where a non-conforming building is damaged or destroyed by bunfdingin8 nre to tne extent °f sixty per centum or more of its value above its foundations as determined by the City Building Inspector, whose decision shall be subject to review by the Board of Variance, it shall not be re­ paired or reconstructed without the approval of (a) the Board of Variance if the non-conformity is in respect of use; (b) the Director of Planning if the non-conformity is in respect of regulations only. (6) A change in the non-conforming use of land or buildings may be permitted in accordance with the provisions of the Zoning and Development By-law. 1959, c. 107, s. 20; 1960, c. 80, s. 13; 1961, c. 76, s. 14; 1969, c. 45, s. 26; 1974, c. 104, s. 46. tajurfousiy 569. (1) Where a zoning by-law is or has been passed, amended, affected. or repeaied under this Part, or where Council or any inspector or official of the city or any board constituted under this Act exercises any of the powers contained in this Part, any property thereby affected shall be deemed as against the city not to have been taken or injuriously affected by reason of the exercise of any such powers or by reason of such zoning and no compensation shall be payable by the city or any inspector or official thereof. (2) Notwithstanding that the Board of Variance has relaxed the provisions of a by-law enacted under this Part, in detennining the compensation payable by the city for the taking of lands for the widening of a street in respect of which a building line has been fixed, the city is not liable to pay compensation for or in respect of any building erected in contravention of the by-law fixing the building line. (3) Upon the acquisition of such lands by the city, the owner shall, upon demand by the city, remove such building or part thereof, as the case may be, and, in default thereof, the city may remove the same and the costs of such removal and any other costs incidental thereto shall be a debt due to the city payable by the owner of the property recoverable by action and shall be a charge on the balance of the land unless sooner paid to the city. 1959, c. 107, s. 20; 1964, c. 72, s. 19; 1965, c. 68, s. 28; 1969, c. 45, s. 27; 1970, c. 54, s. 29.

withholding 570. (1) Prior to the adoption of a zoning by-law, or of an official p*ndfagpas- development plan, or of an amendment to a zoning by-law, or of an zoning by-iaw. alteration, addition, or extension to an official development plan, the Council may cause to be withheld the issuance of any development or building permit for a period of thirty days from the date of application for such permit. (2) Where any permit is so withheld, the application therefor shall be considered by the Council within the said period of thirty days, and,

169 CHAP. 55 VANCOUVER CHARTER 1-2 ELE. 2

if in the opinion of the Council, the development proposed in the appli­ cation would be at variance or in conflict with a development plan in the course of preparation, or with an alteration, addition, or extension to an official development plan in course of preparation, or with a zoning by-law in course of preparation, or with an amendment to a zoning by-law in course of preparation, the Council may withhold the permit for a further sixty days from the expiration of the thirty-day period hereinbefore referred to, or the Council may impose such con­ ditions on the granting of the development permit as may appear to the Council to be in the public interest. (3) In the event that the Council does not within the said period of sixty days adopt any such plan, alteration, addition, extension, or by-law, the owners of the land in respect of which a development permit was withheld or conditions were imposed pursuant to this section shall be entitled to compensation for damages arising from the withholding of such development permit, or the imposition of such conditions. Such compensation shall be determined by arbitration pursuant to the Arbitra­ tion Act. 1959, c. 107, s. 20. 571. (1) Any by-law passed hereunder may be enforced and the contravention of any regulation therein restrained by the Supreme Court upon action brought by the city, whether or not any penalty has been imposed for such contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action. (2) Any zoning by-law passed hereunder may be enforced and the contravention of any regulation therein restrained by the Supreme Court upon action brought by the city or by any registered owner of real prop­ erty or any incorporated society representing registered owners of real property in the City of Vancouver and affected by such by-law or regula­ tion, whether or not any penalty has been imposed for such contraven­ tion, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action. 1959, c. 107, s. 20; 1970, c. 54, s. 30. 571A. (1) The Council may, by resolution passed by not less than two-thirds of all its members, order the removal of any sign, whether located on private or on public property which has been non-conform­ ing for not less than five years, provided, however, that where a sign which became non-conforming prior to March 1, 1973, had, before such date, been granted a permit to make substantial modifications to such sign, the said period of five years shall be calculated from the date of such permit. (2) The provisions of subsections (1) and (2) of section 324A shall, mutatis mutandis, apply with respect to the enforcement of any order made herein. No compensation shall be payable in connection with the exercise of the authority herein. 1973, c. 93, s. 22. 170 1953 VANCOUVER CHARTER CHAP. 55

Board oj Variance andamembeernt 572. In this and the following section " Board " means " Board of ll££t "' Variance." variance. (• 1 ^ The Councji snau establish by by-law a Board of five members, two to be appointed by the Council, two to be appointed by the Lieutenant-Governor in Council, and a Chairman who shall be appointed by a majority of the other appointees. The Board shall appoint a secre­ tary and such other officials as may be required by the Board. (2) Each member of the Board shall hold office for a term of three years or until his successor shall be appointed, but a person may be reappointed for a further term or terms. (3) The Council may provide, by by-law or resolution, for the remuneration of members of the Board, in such amounts as the Council thinks fit, and may also provide for the payment of a fee for the hearing of an appeal before the Board. (4) No person who is a member of the Advisory Planning Com­ mission or who holds any municipal office, whether appointed or elected, is eligible to be appointed or to sit as a member of the Board. (5) Three members of the Board shall constitute a quorum. (6) The Chairman may from time to time appoint a member of the Board as Acting-Chairman to preside in the absence of the Chairman. (7) In the event of the death, resignation, or removal from office of any member of the Board, his successor shall be appointed in the same manner as such member was appointed, and until the appointment of his successor the remaining members shall constitute the Board. (8) The Chairman may be removed at any time by the Lieutenant- Governor in Council on the recommendation of the Council. (9) The by-law establishing the Board shall set out the procedure to be followed by the Board, including the manner in which appeals are to be lodged and the method of giving notices required under section 573. 1959, c. 107, s. 20; 1969, c. 45, s. 29.

Appeals to Board of 573. (1) The Board shall hear and determine appeals Variance. (a) by any person aggrieved by a decision on a question of zoning by any official charged with the enforcement of a zoning by-law; (b) by any person who alleges that the enforcement of a zoning by-law with regard to siting, size, shape, or design of a build­ ing would cause him undue or unnecessary hardship arising out of peculiarities in the site or special circumstances con­ nected with the development. In any such case the Board may, to the extent necessary to give effect to its determination, exempt the applicant from the applicable provisions of the zoning by-law;

171 CHAP. 55 VANCOUVER CHARTER 1-2 ELK. 2

(c) by any person who alleges that due to special circumstances or conditions the provisions of subsection (3) of section 568 will result in undue or unnecessary hardship to him; (d) with respect to matters arising under subsections (4) and (5) of section 568; (e) by any person aggrieved by a decision by any board or tribunal to whom Council has delegated power to relax the provisions of a zoning by-law. (2) The Board shall not allow any appeal solely on the ground that if allowed the land or buildings in question can be put to a more profit­ able use nor unless the following conditions exist:— (a) The undue or unnecessary hardship arises from circumstances applying to the applicant's property only; and (b) The strict application of the provisions of the by-law would impose an unreasonable restraint or unnecessary hardship on the use of the property inconsistent with the general pur­ pose and intent of the zoning by-law; and (c) The allowance of the appeal will not disrupt the official development plan. (3) The Board shall give notice to such owners of real property as the Board may deem to be affected by the appeal, and public notice of the hearing shall be given, if the matter is deemed by the Board to be of sufficient importance. For the purpose of determining the names of the owners deemed to be affected, reference shall be made to the records kept by the Assessor. (4) The Board shall conduct its hearings of appeals under this section in public. (5) The decision of a majority of the members of the Board present at a hearing shall constitute the decision of the Board, which shall be rendered in open meeting and shall be recorded in writing by the secretary. In the event of the members of the Board being equally divided, the appeal shall be disallowed. (6) No appeal shall lie from a decision of the Board. (7) In allowing an appeal, the Board may impose such restrictions, limitations, or conditions as may seem to it to be desirable and proper in the circumstances. (8) Council may by by-law provide that failure to comply with any restrictions, limitations, or conditions imposed by the Board pursuant to subsection (7) shall constitute an offence against the by-law. 1959, c. 107, s. 20; 1960, c. 80, s. 14; 1964, c. 72, ss. 20, 21.

Advisory Planning Commission Pewersnofand 574. (1) The Council may by by-law create a Commission to advise commission. the Council on planning matters. (2) The Commission shall comprise such personnel and have such powers and duties as the Council may by by-law prescribe.

172 1953 VANCOUVER CHARTER CHAP. 55

(3) Until the Council shall exercise the power by this section con­ ferred the Town Planning Commission constituted under the Town Planning Act shall continue to exercise the powers conferred under that Act. 1959, c. 107, s. 20.

PART XXVIII

REPEAL AND EXTENT THEREOF Acts repealed. 575. The Vancouver Incorporation Act, 1921, being chapter 55 of the Statutes of British Columbia, 1921 (Second Session), and all amend­ ments thereto, except section 13 of the Vancouver Incorporation Act, 1921, Amendment Act, 1935, are repealed; provided that Not to affect by-laws, etc. (a) such repeal shall not affect any by-law or resolution in force at the time this Act comes into operation, and any such by-law or resolution which is of such a nature that it could have been passed under this Act shall have effect as if passed under this Act; Nor legal proceedings. (fc) such repeal shall not affect any legal proceedings instituted before this Act comes into operation under or by virtue of any Act repealed by this Act, and such proceedings may be con­ tinued and appealed against as if this Act had not been passed; Nor taxes, fees, etc. (c) such repeal shall not affect any real-property taxes, business or other taxes, or licence or other fees or charges imposed under any Act repealed by this Act, or any remedy of the city for their recovery, or the liability of any person to the city for their payment, and any such taxes, fees, and charges may be recovered and the payment thereof- enforced in like manner as if this Act had not been passed; Nor borrowings already made. (d) such repeal shall not affect any borrowing power exercised by the city under any Act repealed by this Act in respect of which any money borrowed remains unpaid at the time this Act comes into operation, or any security created by the city in respect of such borrowed money, and such borrowing power and security shall continue to have effect as far as regards such borrowed money as if the borrowing power were contained in this Act; Offices and agencies to (e) any office or agency provided for in this Act with a name sub­ continue. stantially the same as that of an office or agency heretofore existing shall be deemed to be a continuation of such office or agency heretofore existing; Mayor and others to (/) the Mayor, Aldermen, and members of the Board of Park remain in office. Commissioners holding office when this Act comes into opera­ tion shall, subject to a vacancy occurring under Part II, con­ tinue to hold office until their successors are elected and sworn in pursuant to this Act; 173 CHAP. 55 VANCOUVER CHARTER 1-2 ELIZ. 2 be^s™1!?!^ (?) w*m resPect to any election to be held in the year 1953, the voters list to be used shall be prepared, revised, and printed as if this Act had not been passed. 1953, c. 55, s. 559; 1959, c. 107, s. 22. 'ta'ZnAot 576. The mention of particular matters in this Part shall not be held not displaced to prejudice or affect the general application of the sections of the Inter­ pretation Act with regard to the effect of repeals. 1953, c. 55, s. 560; 1959, c. 107, s. 22. notrtonActs 577. None of the provisions of the Municipalities Incorporation Act apply to city. or the Municipal Elections Act shall apply to the city, anything to the contrary contained in either of them notwithstanding. 1953, c. 55, s. 561; 1959, c. 107, s. 22. 2«k>nsroafn 578. (1) Sections 23, 177, 194, 458A to 458J and sections 536, to apply."'Ac> 536A and 537> inclusive, and sections 765 to 798, inclusive, of the Municipal Act shall apply mutatis mutandis to the city and shall be the only sections that apply to the city, anything to the contrary contained in the Municipal Act notwithstanding. (2) The Municipalities Enabling and Validating Act applies to the City of Vancouver. 1953, c. 55, s. 562; 1955, c. 114, s. 16; 1956, c. 70, s. 15; 1957, c. 85, s. 16; 1959, c. 107, s. 22; 1962, c. 82, s. 17; 1963, c. 60, s. 17 (eff. Oct. 31, 1962); 1965, c. 68, s. 32; 1967, c. 49, s. 14; 1970, c. 54, s. 31 (eff. Jan. 1, 1970); 1977, c. 57, s. 31. comes into 579. This Act shall come into operation on the second day of July, operation. 1953. 1953, c. 55, s. 563; 1959, c. 107, s. 22.

Transition The Director of Finance shall succeed to assume, have, and exercise all the rights, powers, duties, and obligations of, perform the functions of, and have the authority and responsibility of the City Comptroller whether the rights, powers, duties, authority, or responsibility were or was conferred, given, imposed, or existing by Statute, by-law, or other­ wise before or after the coming into force of this Act. 1965, c. 68, s. 30. Reference Wherever in any by-law, resolution, order, form, contract, licence, permit, regulation, or other document made before the coming into force of this Act the City Comptroller is mentioned or referred to, the mention or reference shall be deemed to be to the Director of Finance. 1965, c. 68, s. 31.

Queen's Printer for British Columbia Victoria, 1979

174