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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE JENNY KWAN

MINISTER OF MUNICIPAL AFFAIRS

BILL 88 – 1999

LOCAL GOVERNMENT STATUTES

AMENDMENT ACT, 1999

... continued ...

Part 2 – Consequential and Related Amendments

British Columbia Transit Act

Section 8 (6) of the British Columbia Transit Act , R.S.B.C. 1996, c.

38, is repealed.

Section 19 (2) is repealed and the following substituted:

(2) The collector of each municipality or the Surveyor of Taxes,

as the case may be, must prepare and mail a notice, setting out the tax payable, to each

person named on the real property tax roll or assessment roll who is liable as the

assessed owner for taxes under any of sections 14, 15 and 17 (15).

Drainage, Ditch and Dike Act

216 The Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is amended by adding

the following section:

Transfer of development district assets

(1) If a development district is dissolved under

section 170, the minister responsible for the administration of the Municipal Act may

transfer, to the municipality in which the works of the development district were located,

its assets, rights, claims, obligations and liabilities.

(2) After a transfer under subsection (1) has been made, the area

that was included in the development district is deemed to be a specified area under

Division 2 of

Part 19 of the Municipal Act, and for these purposes that Division

applies.

(3) If the works of a development district are located in more

than one municipality, the municipalities may assume the assets, rights, claims,

obligations and liabilities in accordance with the apportionment set out in the order

dissolving the development district, and that portion of the development district in each

municipality is a specified area of that municipality.

(4) A council may provide that some or all of the assets of the

development district be credited to the specified area and that some or all of the

liabilities be charged to the specified area.

(5) Without limiting

section 176 [corporate powers] of the Municipal

Act, a council may enter into an agreement with the Provincial government for the

joint undertaking of additional works of a similar nature and for their maintenance.

(6) A council may, by bylaw adopted without the assent of the

electors but otherwise in accordance with the Municipal Act, borrow sums required

under any agreement with the Provincial government.

(7) The entire cost or the parts of the cost of an existing work

or a work to be constructed under the terms of an agreement under this section, and of its

maintenance and operation, as may be determined by the council, must be borne by the

owners of real property in the specified area.

(8) For the purpose of subsection (7), the powers of

section 646

(4) [services for specified areas] of the Municipal Act include the power to

impose a tax at a uniform area rate or at a uniform rate for each parcel.

Economic Development Electricity Rate Act

Section 5 (6) (

b) of the Economic Development Electricity Rate Act, R.S.B.C.

1996, c. 104, is repealed and the following substituted:

(

b) section 363 [imposition of fees and charges] of the Municipal

Act, or any bylaw under that section, .

Estate Administration Act

Section 96 (1) of the Estate Administration Act, R.S.B.C. 1996, c. 122, is

amended by repealing paragraph (a) (

i) of the definition of "matrimonial

home" and substituting the following:

(

i) shown as a separate taxable parcel on a taxation roll

for the current year prepared under the Taxation (Rural Area) Act , on

a real property tax roll for the current year prepared by the collector of a

municipality or on an assessment roll used for the levying of taxes in a municipality,

and .

Greater Vancouver Sewerage and Drainage District Act

Section 7B (3) of the Greater Vancouver Sewerage and Drainage District Act,

S.B.C. 1956, c. 59, is repealed and the following substituted:

(3) Section 267 of the Municipal Act applies to a by-law

under this

section as if the Corporation were a municipality.

Section 8 is amended

(

a) by repealing subsections (4) and (5) and substituting the following:

(4) The members of the Board have the same number of votes to

which they are entitled as members of the board of the Greater Vancouver Regional District

or to which they would be entitled if they were members of that board and, for these

purposes,

section 783 of the Municipal Act applies.

(5) Sections 230 and 231 (1) to (8) of the Municipal Act

applies to the Board and, to the extent that they are not inconsistent with this Act,

sections 791 (15), 792 and 793 of the Municipal Act apply to the Board. , and

(

b) by repealing subsection (7) and substituting the following:

(7) A municipality and the Director representing Electoral Area A

(University Hill) may appoint a person as an alternate member of the Board, and sections

786 and 787 of the Municipal Act apply as if an alternate member were an alternate

director.

Section 10 (4) is amended by striking out "Sections 779.1, 780

and 780.1" and substituting "Sections 788, 789 and 790" .

Section 14 (3) is amended by striking out "section 784"

and substituting "section 794" .

Section 34.1 (1) is repealed and the following substituted:

(1) The Corporation may, by by-law, establish reserve funds and

special reserve funds, and sections 338, 496, 497, 499 (1), (2), (3), (4) (

b) and (

c) and

(5), 501 and 504 of the Municipal Act apply to the Corporation and to any fund so

established.

Section 50 is repealed and the following substituted:

Sinking funds

50. Division 1 of

Part 13 of the Municipal Act applies

to sinking funds of the Corporation.

Section 55 (3) is amended by striking out "section 808 of " .

Section 58.2 is amended

(

a) in subsection (3) (

c) by striking out "section 398 (1) (h)"

and substituting "section 339 (1) (g)" ,

(

b) in subsection (6) by striking out "section 983 (5)"

and substituting "section 933 (6)" , and

(

c) in subsection (9) by striking out "Section 993" and

substituting "Section 943" .

Section 58.3 (2) (

b) is repealed and the following substituted:

(

b) a parcel tax; .

Section 58.6 (4) is amended by striking out "Section 382"

and substituting "Section 501" .

Greater Vancouver Transportation Authority Act

Section 21 (6) of the Greater Vancouver Transportation Authority Act, S.B.C.

1998, c. 30, is amended by striking out "545 (1)" and substituting

"531 (1)" .

Section 23 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(a)

section 525 (1) of the Municipal Act ; ,

and

(

b) in subsection (2) by striking out "section 533" and

substituting "section 524" .

Section 25 (6) (

b) is amended by striking out "section 333"

and substituting "section 259.2" .

Greater Vancouver Water District Act

Section 10 of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22,

is amended

(

a) by repealing subsections (4) and (5) and substituting the following:

(4) The members of the Board have the same number of votes to

which they are entitled as members of the board of the Greater Vancouver Regional District

or to which they would be entitled if they were members of that board and, for these

purposes,

section 783 of the Municipal Act applies.

(5) Sections 230 and 231 (1) to (8) of the Municipal Act

applies to the Board and, to the extent that they are not inconsistent with this Act,

sections 791 (15), 792 and 793 of the Municipal Act apply to the Board. , and

(

b) by repealing subsection (7) and substituting the following:

(7) A municipality and the Director representing Electoral Area A

(University Hill) may appoint a person as an alternate member of the Board, and sections

786 and 787 of the Municipal Act apply as if an alternate member were an alternate

director.

Section 12 (4) is amended by striking out "Sections 779.1, 780

and 780.1" and substituting "Sections 788, 789 and 790" .

Section 17 (4) is amended by striking out "section 784"

and substituting "section 794" .

Section 57.1 (1) is repealed and the following substituted:

(1) The Corporation may, by by-law, establish reserve funds and

special reserve funds, and sections 338, 496, 497, 499 (1), (2), (3), (4) (

b) and (

c) and

(5), 501 and 504 of the Municipal Act apply to the Corporation and to any fund so

established.

Health Authorities Act

Section 1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by

repealing the definition of "municipal council" and

substituting the following:

"municipal council" means, as the context requires,

a council of a municipality under the Municipal Act or the Council of

the City of Vancouver under the Vancouver Charter ; .

Home Owner Grant Act

Section 11 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is

amended by striking out "section 368" and substituting "section

374 [apportionment of property value taxes if property subdivided] " .

238 The following

section is added:

Alternative municipal tax collection schemes

15.1

(1) If a municipality establishes a tax collection

scheme under

section 367 of the Municipal Act and amounts are paid in accordance

with the scheme before July 2 in the year, for the purposes of this Act, those amounts are

deemed to be part of the current year taxes and are to be considered part of the

indebtedness for the current year taxes.

(2) For current year taxes to which subsection (1) applies, if all

or part of the amount of a grant remains unapplied after the grant is dealt with in

accordance with

section 15, the municipality must deal with the unapplied amount in

accordance with

section 14 (3).

Horse Racing Act

Section 12 (2) of the Horse Racing Act, R.S.B.C. 1996, c. 198, is repealed

and the following substituted:

(2) Despite anything in this Act, Division 2 [Business

Licensing] of

Part 20 of the Municipal Act and sections 203 and 272 to 278 of

the Vancouver Charter remain in effect, but the council of a municipality,

including the City of Vancouver, or its delegate does not

(

a) under

section 661 [refusal to grant licence]

of the Municipal Act , or

(

b) section 275 of the Vancouver Charter ,

have power to refuse to issue to a person who, under

section 11 of

this Act, holds authority to carry on horse racing in the municipality, a licence to carry

on the activity for which the person holds the authority.

Hospital District Act

Section 1 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by

repealing the

definitions of "municipal regional board" and

"regional board" and substituting the following:

"municipal regional board" and "regional board"

mean a board as defined in the Municipal Act ; .

Indian Self Government Enabling Act

Section 6 (2) of the Indian Self Government Enabling Act, R.S.B.C. 1996, c.

219, is amended by striking out "section 331 (1) (

a) and (b)" in

both places and substituting "section 359 (1) (a)" .

Section 20 (

b) is amended by striking out "sections 331 (1) (

a) and (b)" and substituting "section 359 (1) (a)" .

Islands Trust Act

Section 18 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended

(

a) in subsection (2) by striking out "Part 14" and

substituting "Division 3 of

Part 9 [Audit] " , and

(

b) by adding the following subsection:

(4) Section 330 [right of elector to complain about accounting]

of the Municipal Act applies in relation to an audit under subsection (2).

Section 45 is amended

(

a) in subsection (3) by striking out "Part 14" and

substituting "Division 3 of

Part 9 [Audit] " , and

(

b) by adding the following subsection:

(5) Section 330 [right of elector to complain about accounting]

of the Municipal Act applies in relation to an audit under subsection (3).

Library Act

Section 24 (1) of the Library Act, R.S.B.C. 1996, c. 264, is repealed and the

following substituted:

(1) In this section, "converted value of land and improvements"

means the converted value of land and improvements within the meaning of the

Municipal Act .

Local Government Grants Act

Section 3 (

d) of the Local Government Grants Act, R.S.B.C. 1996, c. 275, is

repealed and the following substituted:

(

d) the converted value of land and improvements within a

municipality or regional district; .

Local Government Statutes Amendment Act, 1998

Section 38 of the Local Government Statutes Amendment Act, 1998, S.B.C. 1998,

c. 34, is repealed.

Local Services Act

Section 2 of the Local Services Act, R.S.B.C. 1996, c. 276, is amended

(

a) by renumbering the

section as

section 2 (1),

(

b) by striking out everything after paragraph (k), and

(

c) by adding the following subsection:

(2) If an area is established as a local area under subsection

(1), the minister may exercise, in respect of the local area or any part of it, any of the

powers exercisable by a council or regional district board under

(

a) the applicable provision referred to in that subsection,

(

b) section 517 [general authority in relation to services]

of the Municipal Act , as it applies in relation to the applicable

provision referred to in subsection (1), and

(

c) the following provisions of the Municipal Act :

section 530 [special authority in relation to highways] ;

section 704 [regulation of animal nuisances] ;

section 724 [noise control] ;

section 725 [nuisances and disturbances] ;

section 728 (1) (e) [regulation of fireworks] .

Section 2 (1) (

j) is repealed and the following substituted:

(

j) the regulation of business with respect to hours of

closing by the enforcement within the local area of

section 654 [regulation

of business hours] of the Municipal Act , and in that event

the minister may exercise, in respect of the local area, any of the powers exercisable

under that

section by a council; ,

Municipal Finance Authority Act

Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is

amended in the definition of "regional district" by

repealing paragraph (

a) and substituting the following:

(

a) a regional district as defined in the Municipal

Act , and .

Section 3 (

a) is repealed and the following substituted:

(

a) providing financing for regional districts and their member

municipalities by the issue of securities of the authority and the lending of the proceeds

from those securities to the regional district on whose request the financing is

undertaken; .

Section 11 (1) (

a) to (

c) is repealed and the following substituted:

(

a) borrowing in anticipation of the receipt of tax revenues

under

section 334.3 or 829 of the Municipal Act ;

(

b) financing of short term debts for purposes of a capital

nature under

section 334.4 or 830 of the Municipal Act ;

(

c) temporary financing of capital projects under

section

335.2 or 834 of the Municipal Act ; .

Section 11.1 (1) (

a) is repealed and the following substituted:

(

a) to a local government who is a party to an agreement

under

section 334.1 or 828 of the Municipal Act , or .

Section 12 is repealed and the following substituted:

Application of sections of the Municipal Act

12 Sections 1022 to 1025 of the Municipal Act apply

to securities issued by the authority.

Section 28 (1) is repealed and the following substituted:

(1) Division 3 [Audit] of

Part 9 of the Municipal Act

applies to the authority.

Municipalities Enabling and Validating Act (No. 2)

Section 45 (6) of the Municipalities Enabling and Validating Act (No. 2),

S.B.C. 1990, c. 61, is repealed and the following substituted:

(6) Subject to this section, the following provisions of the Municipal

Act apply for the purposes of this section:

section 262 [application to court to set aside bylaw] ;

section 335.3 (5) [debentures to be issued in accordance

with bylaw] ;

section 335.5 [appeal from inspector's decision] ;

Division 5 of

Part 9 [Restrictions on Use of Municipal

Funds] ;

section 833 (1) [security issuing bylaw approval by

inspector] ;

section 836 [liability for money borrowed by regional

district] ;

section 1022 to 1025 [certificate of approval for money

bylaws] .

Section 45 is amended by adding the following subsection:

(8) For the purposes of this

section and

section 46, the GVRD is

deemed to be a municipal corporation.

Police Act

Section 22 (1) and (2) of the Police Act, R.S.B.C. 1996, c. 367,

is amended by striking out "Despite

section 255 of the Municipal

Act ," and substituting "Despite

section 287.2 of the

Municipal Act ," .

Property Transfer Tax Act

Section 14 (3) (

t) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378,

is repealed and the following substituted:

(

t) a transfer to the government in accordance with a

bylaw under

section 305.2 [exchange of dedicated land] or 525 (3) [transfer

of title to highways] of the Municipal Act ; .

Resort Municipality of Whistler Act

Section 6 (1) and (2) of the Resort Municipality of Whistler Act, R.S.B.C.

1996, c. 407, is repealed and the following substituted:

(1) Section 334 [limit on borrowing and other liabilities]

of the Municipal Act does not apply to the municipality.

(2) Section 335.1 [counter petition opportunity required for

borrowing] of the Municipal Act does not apply to the municipality, but the

inspector may direct that the council must provide a counter petition opportunity in

accordance with

section 242 of that Act.

Section 6 (3) is repealed and the following substituted:

(3) Section 646 (7) [services for specified areas] of the Municipal

Act does not apply to the municipality, but the inspector may direct that the assent

of the electors be obtained or that the council must provide a counter petition

opportunity in accordance with

section 242 of that Act.

Section 8 (12) (

b) is repealed and the following substituted:

(

b) section 363 [imposition of fees and charges] or

Division 11 [Subdivision and Development Requirements] of

Part 26 of the Municipal

Act .

School Act

Section 33 (

b) of the School Act, R.S.B.C. 1996, c. 412, is repealed and the

following substituted:

(

b) a person who is disqualified under

section 52 of this

Act or under

section 92 or 92.4 of the Municipal Act or

section 64 or

64.3 of the Vancouver Charter , as those sections apply to trustee

elections;

Section 36 (1) is amended by adding the following paragraph:

(c.1) the office becomes vacant under

section 92 [failure

to file disclosure statement] of the Municipal Act or under

section

64 of the Vancouver Charter , as those sections apply to trustee elections;

Section 44 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) In order to obtain a certificate required to register as a

non-resident property elector, a person may apply as follows:

(

a) during voting hours when voting proceedings are being

conducted for advance voting or general voting, at the place and to the official

designated by the chief election officer;

(

b) at any time during regular office hours for the board offices,

by applying at those offices to the secretary treasurer or another official authorized by

the secretary treasurer;

(

c) if the chief election officer makes additional provision for

the purposes of this subsection, by applying at a place and to an official designated by

the chief election officer. , and

(

b) in subsection (3) by striking out "if the person proposing to

register provides" and substituting "if the applicant

provides" .

Section 45 is amended

(

a) in subsection (1) by striking out "regional district

directors," and substituting "electoral area directors," ,

and

(

b) by repealing subsection (9) and substituting the following :

(9) As a limit on subsection (8), a bylaw under that subsection

may not provide that a bylaw of a local government under

section 72.1, 107 or 141 of the Municipal

Act or under

section 44.1, 79 or 113 of the Vancouver Charter applies to a

trustee election.

Section 46 (4) is repealed and the following substituted:

(4) A municipal council does not have authority to adopt

a bylaw under

section 72.1, 107 or 141 of the Municipal Act or under

section 44.1, 79 or 113 of the Vancouver Charter , as applicable,

in relation to a trustee election but, instead, the board may adopt bylaws under

those sections for the trustee election.

Section 48 is amended

(

a) in subsection (1) by striking out "section 151, 152 or 153

of the Municipal Act or

section 123, 124 or 125 of the Vancouver Charter ,"

and substituting "section 151, 152, 152.1 or 153 of the Municipal

Act or

section 123, 124, 124.1 or 125 of the Vancouver Charter ," ,

and

(

b) by adding the following subsection:

(3) Section 153.1 of the Municipal Act applies in relation

to offences under this section.

Section 52 (3) is repealed and the following substituted:

(3) If a person appointed or elected as a trustee is disqualified

under the Municipal Act or the Vancouver Charter from being nominated for,

being elected to or holding office on a board until after the next general local election,

the office to which the person was appointed or elected is deemed to be vacant.

Section 128 (2) is repealed and the following substituted:

(2) The collector of each municipality or the Surveyor of Taxes

must prepare and mail a notice, setting out the tax payable under this Act, to each person

named on the real property tax roll or assessment roll as an assessed owner in the

municipality or rural area, if any, contained in the school district.

Section 129 is amended

(

a) by repealing subsection (4) and substituting the following:

(4) Nothing in subsection (2) exempts a property referred

to in that subsection from a fee or charge under the Municipal Act .

, and

(

b) by repealing subsection (8) and substituting the following:

(8) Subsection (7) does not apply to fees and charges

under the Municipal Act .

Special Enterprise Zone and Tax Relief Act

Section 1 of the Special Enterprise Zone and Tax Relief Act, R.S.B.C. 1996,

c. 438, is amended by repealing the definition of "regional board"

and substituting the following:

"regional board" means a board as defined in the

Municipal Act ; .

University Endowment Land Act

Section 12 (1) (

c) of the University Endowment Land Act, R.S.B.C. 1996, c.

469, is repealed and the following substituted:

(

c) respecting fire prevention and suppression, including

any provision that could be made in a municipal bylaw under the Municipal

Act ; .

Vancouver Charter

Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by

repealing the definition of "other administrative body" and

substituting the following:

"other administrative body" means an

unincorporated body other than the Council, that under this or another Act may exercise

powers of the city or Council, and includes the Board of Parks and Public Recreation and

the Board of Police Commissioners; .

Section 2.1 (1) is amended by striking out "Sections

23," and substituting "Sections 23, 92.3" .

Section 2.1 (1) is repealed and the following substituted:

(1) The following provisions of the Municipal Act apply to

the city:

section 23 [transfer of Provincial tax money] ;

section 92.3 [disqualification list] ;

section 246 [joint exercise of powers with other municipalities] ;

sections 536 to 538 [boundary and transecting highways] ;

Division 2 of

Part 20 [Licensing of Commercial Vehicles] ;

Division 2 of

Part 22 [Protection of Trees] ;

section 726 (3) [fire and security alarm systems] ;

section 744 [improvement district property exempt from

taxation] ;

Part 24 [Regional Districts] ;

Part 25 [Regional Growth Strategies] ;

section 931 (6) [fees and charges related to applications

and inspections] .

Section 2.1 (1) is amended by striking out "Division 2 of

Part

20" and substituting "Division 3 of

Part 20" .

Section 7 is amended by adding the following

definitions:

"candidate" means

(

a) a person who is declared to be a candidate under

section 46,

and

(

b) for the purposes of Division (8), includes a person who

accepts campaign contributions or incurs election expenses with the intention of

(

i) becoming a candidate in an election, or

(ii) seeking the endorsement of an elector organization for an

election;

"endorse" means, in relation to an elector organization,

endorsement under

section 51 [ballot showing candidate endorsement by elector

organization] ; .

Section 10 (1) (

d) is repealed and the following substituted:

(

d) the office becomes vacant under

section 64 [disqualification

for failure to file disclosure statement] or 141 [disqualification for

failure to make oath or attend meetings] ; .

Section 19 (2) (

b) is repealed and the following substituted:

(

b) order a person to leave the place where the proceedings are

being conducted and the immediate vicinity of that place, if the circumstances referred to

in subsection (3) (

a) to (

d) occur; .

Section 26 (1) (

a) is repealed and the following substituted:

(

a) at the time of voting in accordance with

section 30 or 30.1,

or .

Section 27 is repealed and the following substituted:

Voting day registration only

27. The Council may, by by-law, limit registration of

electors to registration at the time of voting.

Section 30 is repealed and the following substituted:

How to register as a resident elector at the time of voting

(1) A person may register as a resident elector

immediately before voting by

(

a) either

(

i) delivering an application form in accordance with

section 28

to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under

that

section in the manner established by the chief election officer, and

(

b) satisfying that official of the applicant's identity and place

of residence in accordance with subsection (2).

(2) For the purposes of subsection (1) (b), an individual may

either

(

a) produce to the election official at least 2 documents that

provide evidence of the applicant's identity and place of residence, at least one of which

must contain the applicant's signature, or

(

b) produce to the election official at least 2 documents that

provide evidence of the applicant's identity, at least one of which must contain the

applicant's signature, and make a solemn declaration as to the applicant's place of

residence within the meaning of

section 25.

(3) Documents accepted under subsection (2) must either be

documents prescribed as acceptable under

section 128 or provide evidence satisfactory to

the election official respecting the matter.

(4) The election official registering an elector under this

section must note on the application the nature of the documents produced for the purposes

of subsection (1) (b).

(5) The election official responsible for receiving application

forms under subsection (1) is the presiding election official or another election official

designated by the presiding election official.

How to register as a non-resident property elector at the time of

voting

30.1

(1) A person may register as a non-resident property

elector immediately before voting by

(

a) either

(

i) delivering an application form in accordance with

section 28

to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under

that

section in the manner established by the chief election officer,

(

b) satisfying that official of the applicant's identity in

accordance with subsection (2), and

(

c) delivering a certificate under

section 31 to that official.

(2) For the purposes of subsection (1) (b), an individual must

produce to the election official at least 2 documents that provide evidence of the

applicant's identity, at least one of which must contain the applicant's signature.

(3) Section 30 (3) to (5) applies for the purposes of this

section.

Section 31 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) In order to obtain a certificate required to register under

section 30.1, a person may apply as follows:

(

a) during voting hours when voting proceedings are being

conducted for advance voting or general voting, at the place and to the official

designated by the chief election officer;

(

b) at any time up during regular office hours for City Hall, by

applying at the City Hall to the City Clerk;

(

c) if the chief election officer makes additional provision for

the purposes of this subsection, by applying at a place and to an official designated by

the chief election officer. , and

(

b) in subsection (3) by striking out "if the person proposing to

register provides" and substituting "if the applicant

provides" .

Section 34 (4) (

a) is repealed and the following substituted:

(

a) must add to the register persons who have registered in

accordance with

section 29, 30 or 30.1, .

Section 35 is amended

(

a) by repealing subsection (6) and substituting the following:

(6) At least 6 but not more than 30 days before the first day on

which the list of registered electors is required to be available under subsection (3),

notice must be given in accordance with

section 17 that

(

a) a copy of the list of registered electors will be available

for public inspection at the City Hall during its regular office hours from the date

specified in the notice until the close of general voting for the election,

(

b) an elector may request that personal information respecting

the elector be omitted from or obscured on the list in accordance with subsection (10),

and

(

c) an objection to the registration of a person as an elector may

be made in accordance with

section 36 before 4 p.m. on the 36th day before general voting

day. , and

(

b) by repealing subsections (10) and (11) and substituting the following:

(10) If requested by an elector in order to protect the privacy or

security of the elector, the chief election officer must amend a list of registered

electors that is to be provided under subsection (8), or that is to be available for

public inspection, by omitting or obscuring the address of the elector or other

information about the elector.

Section 38 (2) (

d) is repealed and the following substituted:

(

d) a person who is disqualified under

section 64, 64.3 or 141;

Section 44 (2) (

b) is repealed and the following substituted:

(

b) a solemn declaration of the person nominated, either made in

advance or taken by the chief election officer at the time the nomination documents are

delivered,

(

i) that he or she is qualified under

section 38 to be nominated

for the office, and

(ii) that, to the best of the person's knowledge, the information

provided in the nomination documents is

true; .

289 The following

section is added:

Nomination deposits

44.1

(1) The Council may, by by-law, require that a

nomination for mayor or councillor, or both, be accompanied by a nomination deposit.

(2) The amount of a required nomination deposit may be different

for the office of mayor and the office of councillor, but must not be greater than $100.

(3) A nomination deposit must be held by the chief election

officer to be dealt with as follows:

(

a) if the person nominated is not declared to be a candidate

under

section 46, the deposit is to be returned to the person or to the financial agent of

the person;

(

b) if the person nominated files a disclosure statement as

required by

section 62 or as the requirements of that

section are modified by court order

under

section 63, the deposit is to be returned to the person or the financial agent of

the person;

(

c) in other cases, the deposit is forfeited and is to be paid to

the city.

Section 45 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) In order to make a nomination,

(

a) the nomination documents required by

section 44, and

(

b) if applicable, the nomination deposit required under

section

44.1,

must be received before the end of the nomination period by the

chief election officer or a person designated by the chief election officer for this

purpose. ,

(

b) in subsections (2) and (3) by striking out "nomination

documents" and substituting "the nomination documents and

nomination deposit" , and

(

c) by adding the following subsection:

(5.1) After receiving nomination documents, the chief

election officer must review the list under

section 92.3 [disqualification

list] of the Municipal Act to determine whether an application must

be made under

section 47 (4.1) [challenge required if candidate or organization

appears to be disqualified] .

Section 47 (3) and (4) is repealed and the following substituted:

(3) A challenge may be made only by a person who is an elector, by

another nominee or by the chief election officer.

(4) A challenge may only be made on one or more of the following

bases:

(

a) that the person is not qualified to be nominated or elected;

(

b) that the nomination was not made in accordance with sections

43 to 45;

(

c) that the usual name given under

section 44 (1) (

b) in the

nomination documents is not in fact the usual name of the person;

(

d) that the person is not in fact endorsed by the elector

organization named in the nomination documents;

(

e) that the named organization is not an elector organization

within the meaning of

section 51 [endorsement of candidate] ;

(

f) that the named organization is disqualified from endorsing a

candidate under

(

i) section 64.1 [failing to file disclosure statement] or

section 64.4 [false or incomplete reports] of this Act,

(ii)

section 92.1 [failing to file disclosure statement]

section 92.5 [false or incomplete reports] of the Municipal Act ,

(iii) a

section referred to in subparagraph (

i) or (ii) as they

apply for the purposes of another Act.

(4.1) The chief election officer must commence a challenge

under this

section if, on a review under

section 45 (5.1) [review of disqualification

list] , it appears to the chief election officer that a person is disqualified

from being nominated or that an organization named in the nomination documents

is disqualified from endorsing a candidate.

Section 49 (2) (

d) to (

g) is repealed and the following substituted:

(

d) the documents that will be required in order for a person to

register as an elector at the time of voting;

(

e) the place where persons may apply on general voting day for

non-resident property elector certificates required in order to register at the time of

voting;

(

f) if applicable, information required to be included under

section 138 (6) regarding neighbourhood constituencies or

section 75 (4) regarding voting

divisions.

Section 55 is amended

(

a) by repealing the definition of "candidate" ,

(

b) in the definition of "campaign contribution" by striking out

"of an election campaign;" and substituting "of an

election campaign, including the amount of any money provided by a candidate in relation

to the person's election campaign;" , and

(

c) by adding the following

definitions:

"disclosure statement" means a disclosure

statement under

section 62;

"late filing period" means the period specified

under

section 62.2 (a) [30 day late filing period for disclosure statements] ;

"supplementary report" means a supplementary

report under

section 62.1; .

Section 56 (1) is amended by adding the following paragraph:

(a.1) to promote the selection of the person to be endorsed by an

elector organization or to oppose the selection of another person; .

Section 57 (3) is amended by striking out "may" and

substituting "must" .

296 The following

section is added:

Campaign accounts

57.1 The financial agent must

(

a) open one or more campaign accounts at a savings institution,

exclusively for the purposes of the election campaign and in the name of the candidate's

or elector organization's election campaign, as applicable,

(

b) ensure that all campaign contributions of money are deposited

into the campaign accounts, and

(

c) ensure that all payments for election expenses are made from

the campaign accounts.

Section 60 is repealed and the following substituted:

Financial agent must record contribution and expenses

(1) For the purposes of complying with the reporting

requirements of this Division, a financial agent must record the following for each

campaign contribution made to the candidate or elector organization for whom the financial

agent is acting:

(

a) the value of the contribution;

(

b) the date on which the contribution was made;

(

c) the full name and address of the contributor, unless it is an

anonymous contribution;

(

d) the class of the contributor as described in subsection (3);

(

e) if the contributor is a numbered corporation or an

unincorporated organization, the full names and addresses of at least 2 individuals

(

i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal

officers or principal members of the organization.

(2) Subsection (1) does not apply to campaign contributions of

services referred to in

section 61 (2).

(3) Contributors must be classified as follows:

(

a) individuals;

(

b) corporations;

(

c) unincorporated organizations engaged in business or commercial

activity;

(

d) trade unions;

(

e) non-profit organizations;

(

f) other contributors.

(4) The financial agent must maintain records of election expenses

sufficient to meet the requirements of this Division.

(5) The records required by this

section must be retained by the

financial agent, candidate or elector organization until 7 years after general voting day

for the election to which they relate.

298 The following

section is added:

Transfer of candidate's surplus campaign funds

61.1

(1) This

section applies if, after the election and

after the payment of a candidate's election expenses and any other reasonable expenses

incidental to the candidate's election campaign, there is a balance remaining in an

account referred to in

section 57.1 [campaign accounts] for the candidate.

(2) If the candidate made campaign contributions in relation to

his or her election campaign, the financial agent may refund the campaign contributions to

the candidate, to the extent that the total balance in the accounts permits this.

(3) If, after any refund under subsection (2), the total balance

in the accounts is less than $500, the financial agent may pay the balance to the

candidate or in accordance with the directions of the candidate.

(4) If, after any refund under subsection (2), the total balance

in the accounts is $500 or more, the financial agent of the candidate must pay the balance

as soon as practicable to the city.

(5) Funds received by the city under subsection (4), including

accumulated interest, must be held in trust by the city to be dealt with as follows:

(

a) if the person in respect of whom they were paid is a candidate

within the meaning of

section 46 [declaration of candidates] in an election for the

city in the next general local election or in a by-election called before that time, the

city must pay the funds to the financial agent of the candidate for use in the election;

(

b) if the funds are not paid out under paragraph (a), the funds

cease to be trust funds and become part of the general revenue of the city.

299 Sections 62 to 65 are repealed and the following substituted:

Duty to file disclosure statement

(1) Within 120 days after general voting day for an

election, the financial agent of

(

a) each person who was declared to be a candidate under

section

46, and

(

b) each elector organization

must file with the City Clerk a disclosure statement in accordance

with this section.

(2) The candidate or elector organization must ensure that the

financial agent files a disclosure statement in accordance with this section.

(3) For certainty, a disclosure statement is required even if the

candidate receives no campaign contributions, incurs no election expenses, is acclaimed,

dies, withdraws from the election or is declared by a court to no longer be a candidate.

(4) A disclosure statement must include the following in relation

to the election campaign of the candidate or elector organization:

(

a) the total amount of campaign contributions;

(

b) for each person or unincorporated organization who made a

campaign contribution of $100 or more, the information referred to in

section 60 (1) (

a) to (

e) other than the address of an individual;

(

c) for each anonymous campaign contribution, that was given to

the city under

section 59 (2), the information referred to in

section 60 (1) (

a) and (b);

(

d) for contributions not referred to in paragraph (

b) or (c), the

total value of the campaign contributions received and the total number of contributors

from whom they were received;

(

e) the total amount of election expenses;

(

f) the total amount of election expenses in each class prescribed

by regulation under

section 128;

(

g) any transfers received from the city under

section

61.1 (5) (a) [transfer of candidate's surplus election funds] ;

(

h) any balance for a candidate as referred to in

section

61.1 (1) [transfer of candidate's surplus elections funds] , or any equivalent

deficit, on the day the report is prepared;

(

i) if there was a surplus as referred to in

section 61.1

(1) [transfer of candidate's surplus elections funds] , how that surplus

was dealt with;

(

j) any other information required by regulation under

section

(5) For the purposes of this section, if a person or

unincorporated organization makes more than one campaign contribution to a candidate or

elector organization, the person or organization is deemed to have made a single campaign

contribution in an amount equal to the total value of the actual campaign contributions.

(6) The disclosure statement must be accompanied by solemn

declarations of the financial agent and of the candidate or elector organization official

identified under

section 51 (3) (f) [chief official of organization] that, to the

best of the knowledge, information and belief of the person making the declaration,

(

a) the disclosure statement completely and accurately discloses

the required information, and

(

b) the requirements of this Division have been met in relation to

the election campaign of the candidate or elector organization, as applicable.

Duty to file supplementary reports

62.1

(1) A supplementary report must be filed with the City

Clerk within 30 days after the financial agent, or the candidate or elector organization

for whom a disclosure statement was filed, becomes aware that

(

a) any of the information reported in the disclosure statement

has changed, or

(

b) the disclosure statement did not completely and accurately

disclose the information required to be included in the disclosure statement.

(2) A supplementary report under this

section must

(

a) report the new information in accordance with the requirements

section 62, and

(

b) state the circumstances that have led to the filing of the

report.

(3) A supplementary report under this

section must be accompanied

by solemn declarations of the financial agent and of the candidate or elector organization

official identified under

section 51 (3) (f) [chief official of organization] that,

to the best of the knowledge, information and belief of the person making the declaration,

(

a) the report completely and accurately discloses the required

information, and

(

b) the requirements of this Division have been met in relation to

the election campaign of the candidate or elector organization, as applicable.

Late filing of disclosure statements

62.2 The disqualifications under sections 64 [candidate

disqualification for failure to file disclosure statement] and 64.1 [elector

organization disqualification for failure to file disclosure statement] do not apply

in the following circumstances:

(

a) if the disclosure statement is filed within 30 days after the

time period established by

section 62 (1) [duty to file disclosure statement] and a

late filing penalty of $500 is paid to the city;

(

b) if an order under

section 63 relieves the candidate or elector

organization from the obligation to file the disclosure statement;

(

c) if

(

i) an order under

section 63 does not relieve the candidate or

elector organization from the obligation to file the disclosure statement but does provide

other relief, and

(ii) the disclosure statement complies with the order and is filed

by the end of the late filing period under paragraph (

a) or the time set for filing by the

order, as applicable.

Court order for relief from filing obligations

(1) A candidate or elector organization may apply to the

Supreme Court in accordance with this

section for relief from an obligation to file a

disclosure statement or supplementary report.

(2) An application in relation to a disclosure statement must be

made before the end of the late filing period, but an application in relation to a

supplementary report may be made at any time.

(3) No later than 7 days after a petition commencing an

application is filed in the court registry, it must be served on the city.

(4) No later than 14 days after the petition is filed, the

applicant must apply to have the matter set down for hearing by the Supreme Court and the

date set by the court for hearing must be no later than 28 days after the petition is

filed.

(5) On the hearing of an application, the court may do the

following:

(

a) relieve the candidate or elector organization

(

i) from the obligation to file the disclosure statement or

supplementary report, or

(ii) from specified obligations in relation to the statement or

report,

if the court considers that, in relation to the non-compliance,

the financial agent and, if applicable, the candidate have acted in good faith;

(

b) grant an extension of the time for filing if the court

considers that, in relation to the non-compliance, the financial agent and, if applicable,

the candidate have acted in good faith;

(

c) make any additional order the court considers appropriate to

secure compliance with this Division to the extent the court considers reasonable in the

circumstances;

(

d) refuse to grant an extension or other relief.

(6) If the court grants an extension under subsection (5) (

b) for

a disclosure statement, the order must specify whether the penalty referred to in

section

62.2 (

a) must be paid in order for the statement to be filed.

Candidate disqualification for failure to file disclosure

statement

(1) Unless a court order under

section 63 relieves the

candidate from the obligation to file a disclosure statement, a candidate for whom the

disclosure statement is not filed before the end of the late filing period is subject to

the following penalties:

(

a) in the case of a candidate who is declared elected, at the

applicable time under subsection (2) the council member ceases to hold office and the seat

of the member becomes vacant;

(

b) in all cases, from the applicable time under subsection

(2) the person is disqualified from being nominated for, elected to or holding office on

Council, the council of another municipality, the board of a regional district or a board

of school trustees, or as a local trustee of the Islands Trust, until after the next

general local election.

(2) The time at which a candidate becomes subject to the penalties

under subsection (1) is as follows:

(

a) if no application under

section 63 is commenced, at the end of

the late filing period;

(

b) if an application under

section 63 is commenced but the matter

is not set for hearing in accordance with

section 63 (4), 15 days after the petition was

filed;

(

c) if, on an application under

section 63, the Supreme Court

refuses to grant relief from the obligation to file the disclosure statement, at the time

of that decision;

(

d) if, on an application under

section 63, the Supreme Court

grants relief but the candidate does not comply with the court order, at the end of the

late filing period or at the time set for filing by the order, as applicable.

(3) If a person who is subject to subsection (2) (

c) or (

d) appeals the decision of the Supreme Court, the appeal does not operate to stay the

penalties under this section.

(4) On the final determination of an appeal, if the court relieves

the candidate from the obligation to file the disclosure statement, or grants other relief

and the candidate complies with the court order,

(

a) if the term of office for which the candidate was elected has

not ended,

(

i) the candidate is entitled to take office for any unexpired

part of the term, and

(ii) if the candidate exercises this right, any person currently

holding the office ceases to hold office, and

(

b) the candidate is entitled to be elected at any following

election if otherwise qualified.

Elector organization disqualification for failure to file

disclosure statement

64.1

(1) Unless a court order under

section 63

relieves the elector organization from the obligation to file a disclosure statement,

an elector organization for whom the disclosure statement is not filed before

the end of the late filing period is disqualified from endorsing a candidate

under

section 51 of this Act or

section 79 of the Municipal Act , or those

sections as they apply for the purposes of another Act, until after the next

general local election.

(2) The time at which an elector organization becomes subject to

the penalty under subsection (1) is as follows:

(

a) if no application under

section 63 [court order for relief]

is commenced, at the end of the late filing period;

(

b) if an application under

section 63 is commenced but the matter

is not set for hearing in accordance with

section 63 (4), 15 days after the petition was

filed;

(

c) if, on an application under

section 63, the Supreme Court

refuses to grant relief from the obligation to file the disclosure statement, at the time

of that decision;

(

d) if, on an application under

section 63, the Supreme Court

grants relief but the elector organization does not comply with the court order, at the

end of the late filing period or at the time set for filing by the order, as applicable.

(3) If an elector organization that is subject to subsection (2)

(

c) or (

d) appeals the decision of the Supreme Court, the appeal does not operate to stay

the penalty under this section.

Public notice of failure to file

64.2

(1) Reports respecting the following must be presented

at an open meeting of the Council:

(

a) the name of any candidate or elector organization

for whom a disclosure statement is not filed within the time period under

section

62 (1) [duty to file disclosure statement] ;

(

b) the name of any candidate or elector organization for whom a

disclosure statement is not filed by the end of the late filing period;

(

c) the name of any candidate who is subject to a penalty under

section 64 [failure to file for candidate] or any elector organization that is

subject to a penalty under

section 64.1 [failure to file for elector organization] .

(2) A report under subsection (1) must be presented as soon as

practicable after the City Clerk becomes aware of the applicable circumstances referred to

in that subsection.

(3) The City Clerk must send to the Inspector of Municipalities a

copy of any report under subsection (1) (c), together with a copy of the nomination under

section 44 (1) for the candidate or a copy of the solemn declaration under

section 51 (2) [endorsement

declaration] for the elector organization, as applicable.

Candidate disqualification for false or incomplete reports

64.3

(1) Subject to subsection (3), if

(

a) a disclosure statement for a candidate does not comply with

the requirements of

section 62 (4), subject to any relief in relation to those

requirements provided by court order under

section 63, or

(

b) a supplementary report for a candidate does not comply with

the requirements of

section 62.1 (2), subject to any relief in relation to those

requirements provided by court order under

section 63,

the candidate is disqualified from being nominated for, elected to

or holding office on Council, the council of another municipality, the board of a regional

district or a board of school trustees, or as a local trustee of the Islands Trust, until

after the next general local election.

(2) For certainty, if a candidate is disqualified by reason of

subsection (1) (a), the filing of a supplementary report does not relieve the candidate

from the disqualification.

(3) A candidate is not disqualified under subsection (1) if he or

she exercised due diligence to ensure that the applicable requirements were met.

Elector organization disqualification for false or incomplete

reports

64.4

(1) Subject to subsection (3), if

(

a) a disclosure statement for an elector organization does not

comply with the requirements of

section 62 (4), subject to any relief in relation to those

requirements provided by court order under

section 63, or

(

b) a supplementary report for an elector organization does not

comply with the requirements of

section 62.1 (2), subject to any relief in relation to

those requirements provided by court order under

section 63,

the elector organization is disqualified from endorsing

a candidate under

section 51 of this Act or

section 79 of the Municipal Act ,

or those sections as they apply for the purposes of another Act, until after

the next general local election.

(2) For certainty, if an elector organization is disqualified by

reason of subsection (1) (a), the filing of a supplementary report does not relieve the

elector organization from the disqualification.

(3) An elector organization is not disqualified under subsection

(1) if its financial agent exercised due diligence to ensure that the applicable

requirements were met.

Disclosure statements and supplementary reports to be available

for public inspection

(1) The disclosure statements and signed declarations

under

section 62 and the supplementary reports and signed declarations under

section 62.1

must be available for public inspection in the City Hall during its regular office hours

from the time of filing until 7 years after general voting day for the election to which

they relate.

(2) Before inspecting a document referred to in subsection (1), a

person other than a city officer or employee acting in the course of duties must sign a

statement that the person will not inspect the document or use the information in it

except for the purposes of this Part.

Section 69 (5) is repealed and the following substituted:

(5) At least 6 but not more than 30 days before a required advance

voting opportunity, the chief election officer must give notice in accordance with

section

17 [public notices] of

(

a) the date, location of the voting places and voting hours for

the voting opportunity,

(

b) the documents that will be required in order for a person to

register as an elector at the time of voting, and

(

c) the place where persons may apply on an advance voting day for

non-resident property elector certificates required in order to register at the time of

voting.

Section 74 (3) and (4) is repealed and the following substituted:

(3) If a by-law under subsection (1) includes only provisions

referred to in subsection (2), to the extent there is an inconsistency between the

procedures, rules and requirements established by the by-law and the procedures, rules and

requirements established by or under this Part, the by-law prevails.

(4) If a by-law under subsection (1) includes provisions other

than those referred to in subsection (2) and is approved by the minister, to the extent

that there is an inconsistency between the procedures, rules and requirements established

by the by-law and the procedures, rules and requirements established by or under this

Part, the by-law prevails.

Section 75 is repealed and the following substituted:

Voting divisions

(1) The Council may, by by-law,

(

a) establish voting divisions, or

(

b) authorize the City Clerk or chief election officer to

establish voting divisions.

(2) The authority under subsection (1) is subject to any

requirements, limits and conditions established by regulation under

section 128.

(3) Subject to subsection (4), if voting divisions are

established,

(

a) electors who reside in a voting division, and

(

b) electors who are non-resident property electors in relation to

property within the voting division

may vote on general voting day only at the voting place specified

for that voting division.

(4) The restriction under subsection (3) does not apply to voting

at an additional general voting opportunity or a special voting opportunity.

(5) If voting divisions are established, the notice of election

under

section 49 must include the following additional information:

(

a) that voting divisions will be used in the election;

(

b) that electors who

(

i) reside in a voting division, or

(ii) are non-resident property electors in relation to property

within a voting division,

will be entitled to vote on general voting day only at the voting

place specified for the voting division unless they are voting at an additional general

voting opportunity or a special voting opportunity, if any is offered;

(

c) either

(

i) the boundaries of each voting division and the voting place

for each division, or

(ii) how electors can obtain information as to where they are

entitled to vote on general voting day.

(6) The chief election officer may provide notice to electors in a

voting division of the voting place where they are entitled to vote in addition to the

notice under

section 49.

Section 87 (1) (

a) is repealed and the following substituted:

(

a) if the person is not shown on the list of registered electors

as having registered in advance, the person must register in accordance with

section 30 or

30.1; .

Section 119 (2) is repealed and the following substituted:

(2) If a person who is declared disqualified to hold office by the

Supreme Court appeals the decision, the appeal does not operate as a stay of the

declaration and the person is disqualified pending the final determination of the appeal.

305 The following

section is added:

Prohibition against certain election advertising on general

voting day

124.1

(1) For the purposes of this section:

"election advertising" means advertising used

(

a) to promote or oppose, directly or indirectly, the election of

a candidate, or

(

b) to promote or oppose, directly or indirectly, an elector

organization that is endorsing a candidate;

"sponsor" means

(

a) a person who is liable to pay for election advertising, or

(

b) if the services of conducting the election advertising

are provided without charge as a campaign contribution within the meaning of

Division (8) [Campaign Financing] , the candidate or elector organization

to whom the services are provided as a contribution.

(2) On general voting day, a person must not conduct election

advertising by publishing it in a newspaper or magazine or on radio or television.

(3) A person must not act as sponsor or agree to act as sponsor of

election advertising that is or is to be conducted on general voting day by a means

referred to in subsection (1), whether the publication is done within British Columbia or

outside British Columbia.

Section 125 (5) is repealed and the following substituted:

(5) In relation to Division (8) of this Part, a person must not

contravene any of the following:

section 57.1 [campaign accounts] ;

section 58 [restrictions on accepting contributions

and incurring expenses] ;

section 59 [restrictions on making campaign contributions] ;

section 61.1 (4) [transfer of candidate's surplus] ;

section 62 [duty to file disclosure statement] .

307 The following

section is added:

Prosecution of organizations and their directors and agents

125.1

(1) An act or thing done or omitted by an officer,

director, employee or agent of an organization within the scope of the individual's

authority to act on behalf of the organization is deemed to be

an act or thing done or

omitted by the organization.

(2) If an organization commits an offence under this Part, an

officer, director, employee or agent of the organization who authorizes, permits or

acquiesces in the offence commits the same offence, whether or not the organization is

convicted of the offence.

(3) A prosecution for an offence under this Part may be brought

against an unincorporated organization in the name of the organization and, for these

purposes, an unincorporated organization is deemed to be a person.

Section 126 is amended

(

a) in subsection (2) by striking out "section 125" and

substituting "section 124.1 or 125", and

(

b) by adding the following subsection:

(4) A person is not guilty of an offence under this

Part if the

person exercised due diligence to prevent the commission of the offence.

Section 128 (2) is amended

(

a) by adding the following paragraph:

(a.1) prescribing classes of documents that may be accepted

as evidence for the purpose of

section 30 [how to register as a resident

elector at the time of voting] or 30.1 [how to register as a non-resident

property elector at the time of voting] ; , and

(

b) by repealing paragraph (

e) and substituting the following:

(

e) prescribing classes of election expenses for the purposes

section 62 (4) (f) [reporting of election expenses by class] ;

(e.1) prescribing information that must be included in

a disclosure statement under

section 62 (4) (j) [additional information] ;

Section 130 is amended by adding the following subsection:

(3) For the purposes of applying

section 124.1 [prohibition

against certain election advertising on general voting day] to voting referred to in

subsection (1), advertising is deemed to be election advertising if it is used to promote

or oppose, directly or indirectly, a particular outcome in the vote.

Section 145.1 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) This

section applies to members of Council in relation to

(

a) Council meetings, and

(

b) meetings of committees referred to in

section 165.6

[standing, select and other Council committees] , and

(

c) meetings of bodies that are subject to

section 165.7

[application to other city bodies] . ,

(

b) by repealing subsection (4) and substituting the following:

(4) If a Council member attending a meeting considers that he or

she is not entitled to

(

a) participate in the discussion of a matter, or

(

b) vote on a question in respect of a matter,

the member shall declare this and state the general nature of why

the member considers this to be the case. ,

(

c) by repealing subsection (7) and substituting the following:

(7) Without limiting subsection (4), if a Council member has a

direct or indirect pecuniary interest in a matter, the member must not

(

a) participate in the discussion of the matter, or

(

b) vote on a question in respect of the matter. , and

(

d) by repealing subsection (11) and substituting the following:

(11) The Council may apply to the court for an order under

subsection (12) if, as a result of subsection (4), the number of Council members who may

discuss and vote on a matter falls below

(

a) the quorum for Council, or

(

b) the number of Council members required to adopt the applicable

by-law or resolution.

(11.1) An application under subsection (11) may be made without

notice to any other person.

312 The following

section is added:

Meeting procedures

164.1

(1) The Council must, by by-law, do the following:

(

a) establish the procedures that are to be followed for the

conduct of its business, including the manner by which resolutions may be passed and

by-laws adopted;

(

b) establish the procedures that are to be followed in conducting

meetings of

(

i) select and standing committees of Council, and

(ii) any other committee composed solely of Council members acting

in that capacity;

(

c) establish the time and place of regular meetings of Council;

(

d) require advance public notice respecting the time, place and

date of Council and committee meetings and establish the procedures for giving that

notice.

(2) A by-law under this

section must not be altered except by a

by-law passed at a regular Council meeting in accordance with a notice in writing given

and openly announced at an earlier regular meeting.

(3) If permitted under subsection (4), a Council meeting may be

conducted by means of electronic or other communications facilities.

(4) The Lieutenant Governor in Council may make regulations

permitting meetings under subsection (3) and prescribing conditions, limits and

requirements respecting such meetings.

Section 165 (

a) is repealed and the following substituted:

(

a) the conduct of Council members at meetings of the Council and

its committees; .

314 The following sections are added:

General rule: meetings must be open to the public

165.1 Subject to

section 165.2 [closed meetings] ,

a Council meeting must be open to the public.

Meetings that may or must be closed

165.2

(1) A part of a Council meeting may be closed to the

public if the subject matter being considered relates to one or more of the following:

(

a) personal information about an identifiable individual who

holds or is being considered for a position as an officer, employee or agent of the city

or another position appointed by the city;

(

b) personal information about an identifiable individual who is

being considered for an award or honour, or who has offered to provide a gift to the city

on condition of anonymity;

(

c) labour relations or employee negotiations;

(

d) the security of property of the city;

(

e) the acquisition, disposition or expropriation of land or

improvements, if the Council considers that disclosure might reasonably be expected to

harm the interests of the city;

(

f) law enforcement, if the Council considers that disclosure

might reasonably be expected to harm the conduct of an investigation under or enforcement

of

an Act, regulation or by-law;

(

g) consideration of whether paragraph (

e) or (

f) applies in

relation to a matter;

(

h) litigation or potential litigation affecting the city;

(

i) the receiving of advice that is subject to solicitor-client

privilege, including communications necessary for that purpose;

(

j) information that is prohibited from disclosure under

section 21 of the Freedom of Information and Protection of Privacy Act ;

(

k) a matter prescribed by regulation under

section 165.8.

(2) A part of a Council meeting must be closed to the public if

the subject matter is a matter that, under another enactment, is such that the public must

be excluded from the meeting.

(3) If the only subject matter being considered at a Council

meeting is one or more matters referred to in subsection (1) or (2), the applicable

subsection applies to the entire meeting.

Resolution required before meeting closed

165.3 Before a meeting or part of a meeting is closed to

the public, the Council must state, by resolution,

(

a) the fact that the meeting is to be closed, and

(

b) the basis under

section 165.2 on which the meeting is to be

closed.

No by-law votes in a closed meeting

165.4 The Council must not vote on the reading or adoption

of a by-law when its meeting is closed to the public.

Expulsion from meeting for improper conduct

165.5 If the mayor or other person presiding at a Council

meeting considers that a person is guilty of improper conduct, the person presiding may

expel and exclude the other person from the meeting.

Application to Council committee meetings

165.6 Sections 165.1 to 165.5 apply to meetings of select

and standing committees of Council and of any other committee composed solely of Council

members acting in that capacity.

Application to other city bodies

165.7 Subject to the regulations under

section 165.8,

sections 165.1 to 165.5 apply to meetings of the following:

(

a) a public auditorium or museum board or commission under

section 204A;

(

b) the Building Board of Appeal under

section 306B;

(

c) the Vancouver Athletic Commission under

section 338;

(

d) the Park Board under

section 485;

(

e) the Board of Variance under

section 572;

(

f) heritage commission under

section 581;

(

g) a Court of Revision under this Act;

(

h) other administrative bodies, other than the Board of Police

Commissioners;

(

i) an advisory committee, or other advisory body, established by

Council under this or another Act;

(

j) a prescribed body.

Regulations respecting open meetings

165.8 The Lieutenant Governor in Council may make

regulations to do one or more of the following:

(

a) prescribing a matter for the purposes of

section 165.2 (1)

(k);

(

b) prescribing a body or class of body for the purposes of

section 165.7 (j);

(

c) in relation to

section 165.7, excluding a specified body from

the application of sections 165.1 to 165.5;

(

d) modifying the effect of sections 165.1 to 165.5 in relation to

a body that is subject to those provisions under

section 165.7.

315 The following

section is added:

Delegation of Council hearings and appeals

277.1

(1) Council may, by resolution, delegate the holding

of a hearing under

section 275 or 278, or an appeal under

section 277, specifically, by

class or generally, to one or more council members.

(2) If a hearing in relation to a matter is delegated under

subsection (1), a delegation of the power to make a Council decision in relation to the

same matter may only be delegated to the person or persons to whom the holding of the

hearing was delegated.

(3) If the holding of a hearing is delegated under subsection

(1) and the power to make the Council decision in relation to the same matter is not delegated

under subsection (2), the Council must not make the decision until the delegate reports to

the Council, either orally or in writing, the views expressed at the hearing.

(4) For certainty, if a delegation has been made under subsection

(1), the Council may exercise its authority under that subsection to change that

delegation to a different delegation in relation to a specific matter.

Section 374.3 is amended by adding the following subsection:

(3) The Lieutenant Governor in Council may only make a regulation

under subsection (1) after the minister has consulted with representatives of the Union of

British Columbia Municipalities respecting the proposed regulation.

317 Sections 374.4 and 375.5 are repealed and the following substituted:

Assessment averaging and phasing in by-laws

374.4

(1) Instead of levying rates on the assessed value of

land and improvements, the Council may, by by-law, levy the rates under subsection (2) or

(3).

(2) For an assessment averaging option, rates may be imposed on

the amount determined in accordance with the following formula:

Amount = averaged land value + assessed

improvements value

where

averaged land value

the average of the assessed value of the land in the current year and the 2 preceding

years;

assessed improvements value

the assessed value of improvements in the current year.

(3) For an assessment phasing option, rates may be imposed on the

amount determined in accordance with the following formula:

Amount = (assessed land value – phasing

reduction) + assessed improvements value

where

assessed land value

the assessed value of the land in the current year;

phasing reduction

the phasing percentage established by the bylaw, being not less than 50%

and not more than 66 %, of the difference between

(

a) the increase in the assessed value of the land in the current year from the previous

year, and

(

b) the assessed value of the land in the previous year multiplied by the average

percentage increase in the assessed value from the previous year to the current year of

all land within the city included in the same property class;

assessed improvements value

the assessed value of improvements in the current year.

(4) The Council shall not adopt a by-law under this

section unless

the following requirements are met:

(

a) the Council complies with the requirements of any regulations

under subsection (11);

(

b) before January 1 of the year in which the by-law is to take

effect, notice of intent to consider the by-law is provided to the assessment

commissioner;

(

c) after January 1 of the year in which the by-law is to take

effect and at least 2 weeks before the adoption of the by-law, a notice that

(

i) contains the prescribed information, and

(ii) describes the estimated effect of the by-law on the taxation

of sample properties within the city

is published in 2 consecutive issues of a newspaper;

(

d) the by-law is adopted before March 31 in the year in which it

is to take effect;

(

e) the by-law establishes a procedure to allow property owners to

complain to the Council, sitting as a Court of Revision, about errors made in applying the

by-law to their property.

(5) Subject to any regulation made under subsection (11), a by-law

under this

section may

(

a) apply to one or more property classes, or

(

b) modify the averaging formula in subsection (2) or the phasing

formula in subsection (3) to exempt from the by-law or govern the application of the

by-law to particular types of property within a property class.

(6) The authority under subsection (5) (

b) includes authority in

relation to property with an assessed value of that is different from that on the previous

assessment roll because of one or more of the following:

(

a) an error or omission;

(

b) a subdivision or consolidation or a new development to, on or

in the land;

(

c) a change in

(

i) physical characteristics,

(ii) zoning,

(iii) the classification of the property under

section

19 (14) of the Assessment Act , or

(iv) the eligibility of the property for assessment under

section 19 (8), 23 or 24 of the Assessment Act ;

(

d) any other prescribed factor.

(7) If the Council adopts a by-law under this section, the

following rules apply:

(

a) the assessed value or the net taxable value shall continue to

be the basis for determining the amount of money to be raised in the city for the purposes

of the following:

(

i) section 824 of the Municipal Act ;

(ii) sections 119 and 137 of the School Act ;

(iii)

section 17 of the Assessment Authority Act ;

(iv) sections 15 and 17 of the Municipal Finance Authority

Act ;

(

v) section 14 of the British Columbia Transit Act ;

(vi) any other prescribed enactment;

(

b) the value determined under the by-law, and not the assessed

value or the net taxable value referred to in this or any other Act, shall be the basis

for taxing properties within the property classes specified in the by-law to raise the

money required under the provisions referred to in paragraph (a).

(8) If

(

a) a body other than the Council sets a rate under an enactment

for calculating property taxes, and

(

c) the Council adopts a by-law under this section,

then, despite any other Act, the Council shall, by resolution,

substitute a rate that is sufficient to raise the same amount of revenue in the city for

that body from each property class to which the by-law applies as the amount that would

have been raised for that body had that by-law not been adopted.

(9) If the amount of revenue raised in any year for a body under

subsection (8) is more or less than the amount that would have been raised had the Council

not substituted the rate, the difference must be used to adjust the rate for the next

year.

(10) On the initiative of the Collector of Taxes or on the request

of an owner who is notified under

section 403 of adjustments to the net taxable value of

the owner's property, the Collector of Taxes may correct errors made in applying the

by-law to any property.

(11) The Lieutenant Governor in Council may make regulations as

follows:

(

a) restricting the property classes to which a by-law under this

section may apply;

(

b) defining any term used in this section;

(

c) governing the way in which the averaging formula in subsection

(2) or the phasing formula in subsection (3) may be modified to exempt from the by-law or

govern the application of the by-law to particular types of property referred to in

subsection (6);

(

d) prescribing the information to be contained in the notice that

is to be published under subsection (4) (c);

(

e) prescribing factors for the purposes of subsection (6) and

enactments for the purposes of subsection (7).

Section 565.2 (8) is amended by striking out "section 315 of the

Land Title Act " and substituting "section 386 of the

Land Title Act " .

Waste Management Act

Section 19 (1) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended

in the definition of "regional district" by repealing

paragraph (

a) and substituting the following:

(

a) a regional district as defined in the Municipal

Act , or .

Water Act

Section 9 (1) (

c) of the Water Act, R.S.B.C. 1996, c. 483, is repealed and

the following substituted:

(

c) a municipality to exercise the authorities referred

to in

section 555 of the Municipal Act .

Part 3 – Transitional Provisions

Definitions

(1) In this Part:

"new" in relation to a statutory provision means

the provision as amended or enacted by the applicable provision of this Act;

"old" in relation to a statutory provision means

the provision as it read before repeal, replacement or amendment by the applicable

provision of this Act.

(2) The

definitions in the new

section 5 of the Municipal Act

apply.

Relationship with transitional regulations

322 The provisions of this Part are in addition

and subject to any regulation under

section 6.7 [interim regulations]

of the Municipal Act .

1999 general local elections

(1) In this section:

"election amendments" means the amendments made

by the sections of this Act referred to in

section 336 (3), other than sections 63 and

146;

"local authority" means the council of a municipality

including the City of Vancouver, the board of a regional district, a board of

school trustees or another body all or some of whose members are elected in

accordance with

Part 3 of the Municipal Act or

Part I of the Vancouver

Charter ;

"1996 general local elections" means the local

authority elections that were held as part of or at the same time as the 1996

general local election under the Municipal Act ;

"1999 general local elections" means the local

authority elections that are part of or held at the same time as the 1999 general

local election under the Municipal Act .

(2) The expressions in this

section have the same meaning

as they have in the new Division 8 of

Part 3 of the Municipal Act or

the new Division (8) of

Part I of the Vancouver Charter , as applicable.

(3) Subject to subsection (4), the election amendments do not

apply to the following and, instead, the old enactments apply:

(

a) elections that are held before the time of the 1999 general

local elections;

(

b) voting on matters other than elections that is conducted

before the time of the 1999 general local elections;

(

c) except in relation to the 1999 general local election and

following elections, persons currently holding elected office or appointed to an office

for which elections may be held.

(4) The new

section 93 [reports to be available for public

inspection] of the Municipal Act and the new

section 65 of the Vancouver

Charter apply in relation to the 1996 general local election and to elections for

local authority office held since that general local election.

(5) For certainty, the election amendments apply for the purposes

of the 1999 general local elections.

(6) As an exception to any other provision establishing an earlier

time limit, in order for a bylaw under the election amendments to apply in relation to an

election that is part of the 1999 general local elections or other voting that is

conducted at the same time, the bylaw must be adopted before September 30, 1999.

(7) A bylaw in relation to elections or other voting under the

election amendments that is adopted before the date on which the election amendments are

deemed to have come into force is retroactive to the date of adoption.

(8) For contributions of a candidate referred to in the new

definition of "campaign contribution" in

section 83 [contributions of

candidate's own money] of the Municipal Act or

section 55 of the Vancouver

Charter, as applicable, that were made before the date on which this Act received

First Reading in the Legislative Assembly, the obligations under the new

section 90 of the

Municipal Act or the new

section 62 of the Vancouver Charter are satisfied

if the person under the obligations uses the person's best efforts to satisfy the

obligations.

(9) In relation to the obligations under the new

section

85.1 [campaign accounts] of the Municipal Act or the new

section

57.1 of the Vancouver Charter ,

(

a) the obligations are satisfied if the person under the

obligations satisfies the obligations as soon as reasonably practicable after the date on

which this Act received First Reading in the Legislative Assembly, and

(

b) for certainty, all campaign contributions funds held by or to

the credit of a candidate or elector organization at the time the accounts under the

applicable

section are established must be paid into the accounts.

(10) In relation to

(

a) the obligations under the new

section 88 (1) [recording

of contributions and obligations] of the Municipal Act , and the related

obligations under the new

section 90 (4) [contents of disclosure statements]

of that Act, that are different from the obligations under the old sections,

and

(

b) the obligations under the new

section 60 (1) of the Vancouver

Charter, and the related obligations under the new

section 62 (4) of that Act, that

are different from the obligations under the old sections,

those obligations are satisfied in relation to contributions

received and expenses incurred before the date on which this Act received First Reading in

the Legislative Assembly if the person under the obligations uses the person's best

efforts to satisfy the obligations.

(11) The new

section 92.2 [public notice of failure to file]

of the Municipal Act and the new

section 64.2 of the Vancouver Charter do

not apply in relation to an election held before the 1999 general local elections.

Financial plans and statements

(1) A council may adopt a financial plan as described

in the new

section 327 [annual financial plan] of the Municipal Act before

that

section comes into force.

(2) A financial plan adopted under subsection (1) comes into force

on the date on which the new

section 327 of the Municipal Act comes into force or,

if applicable, the later date specified in the bylaw.

(3) The new

section 328 (3) of the Municipal Act does not

apply in relation to local government financial statements for 1999.

(4) Auditing of the 1999 financial statements for local

governments must be done in accordance with the old

Part 14 [Accounts and

Audit] of the Municipal Act .

Borrowing limits

325 If the applicable aggregate liabilities of a

municipality exceed the limit under the new

section 334 of the Municipal Act on the

date that

section comes into force, the inspector is deemed to have approved the excess

under subsection (5) of that

section if

(

a) the municipality did not exceed its debt limit under the old

section 449 [limits on municipal borrowing] of the Municipal Act at the time

of its repeal, or

(

b) the excess had been approved by the inspector under the old

section 449 of the Municipal Act before that

section was repealed.

Borrowing bylaws in progress

(1) Subject to subsection (2),

(

a) a municipal bylaw under the old

Part 12 [Debts

and Securities] of the Municipal Act , or a regional district bylaw

to which provisions of that Part applied, that was adopted before the time the

new

Part 9 [Financial Management] of the Municipal Act comes into

force is deemed to be a bylaw under the equivalent provision of the new

Part

9, and

(

b) if a bylaw referred to in paragraph (

a) has been given first

reading before the new

Part 9 [Financial Management] of the Municipal Act comes

into force but has not yet been adopted at that time, the bylaw may be adopted in

accordance with the old

Part 12 and, on adoption, is deemed to be a bylaw under the

equivalent provision of the new

Part 9.

(2) If a bylaw referred to in subsection (1) is a comprehensive

loan authorization bylaw under the old

section 459 of the Municipal Act , it is

deemed to be a loan authorization bylaw under the new

section 335, except that the limit

under the new

section 335 (4) (b) [term for authority to borrow] is 10 years from

the date of adoption of the bylaw.

Contracts that do not require counter petition opportunities

(1) A counter petition opportunity is not required for

a liability to be incurred under an employment contract or collective agreement referred

to in the new

section 334.1.

(2) Subsection (1) also applies retroactively to employment

contracts and collective agreements entered into before this

section comes into force.

Limit on taxable property for business improvement areas

(1) Subject to this section, effective the date on

which this Act received First Reading in the Legislative Assembly, a bylaw under the old

section 252 [business improvement areas] of the Municipal Act may only

impose taxes or charges on property that is taxable property within the meaning of the new

section 651.1 of that Act.

(2) The limit in subsection (1) does not apply to a bylaw under

the old

section 252 that

(

a) was given first reading before the date referred to in

subsection (1), and

(

b) is adopted within one year after that date.

(3) If a bylaw under the old

section 252 was adopted before the

date on which this Act was given First Reading in the Legislative Assembly or in

accordance with subsection (2) of this section, and the bylaw imposes a tax or charge on

property other than taxable property within the meaning of the new

section 651.1, the

bylaw ceases to have effect 5 years after the date on which this Act was given First

Reading in the Legislative Assembly unless earlier repealed.

Notices for matters in progress

(1) This

section applies to notices under the

following new sections of the Municipal Act :

section 177 [disclosure of information relating to

agreements] ;

section 187 [notice of proposed land disposition] ;

section 190 [disposal of utilities and sewer or water

systems] ;

section 242 [counter petition process] ;

section 809 [regional district counter petitions] .

(2) The requirements of the new sections referred to in subsection

(1) that are additional to the requirements of the old sections 177, 187, 190, 242 and 809

of the Municipal Act do not apply

(

a) to notices that are given before the applicable new

section

comes into force, and

(

b) if more than one notice is required in relation to a matter

and the first notice is given before the applicable new

section comes into force, to a

second or subsequent notice given after that time.

Required amendments to procedure bylaws

330 The obligations under the new sections 235 [procedure

bylaw] and 794 of the Municipal Act and the new

section 164.1 of the Vancouver

Charter that are additional to existing obligations do not apply until 90 days after

the applicable

section comes into force.

Continuation of business licences and business taxes

(1) A business licence under the old Division 1 [Licensing

of Businesses] of

Part 20 of the Municipal Act that is current at the time the

new Division 2 of

Part 20 comes into force is deemed to be a business licence under the

new Division 2 of

Part 20.

(2) If a bylaw has imposed a tax under the old Division

10 [Business of Tax] of

Part 11 [Taxes and Their Collection] of

the Municipal Act , until the bylaw is repealed, the municipality continues

to have the authority provided under the old provisions in relation to the bylaw

and, for these purposes, that Division is deemed not to have been repealed,

except that the bylaw may not be amended to increase the tax or impose additional

tax.

Collection of 1999 taxes and imposition of new taxes

(1) The authority under the new Division 1 [Property

Value Taxes] and Division 2 [Parcel Taxes] of

Part 10.1 [Taxes, Fees and

Charges] of the Municipal Act may not be exercised to impose taxes for 1999.

(2) The old provisions of the Municipal Act respecting the

assessment, levy, collection and recovery of taxes and the addition of penalty and

interest on unpaid taxes apply in relation to property value taxes and parcel taxes for

1999 or earlier.

Continuation of parcel taxes

(1) A parcel tax imposed in accordance with the old

Division 9 [Frontage Taxes] of

Part 11 [Taxes and Their Collection] of the Municipal

Act is deemed to be a parcel tax imposed under Division 2 [Parcel Taxes] of

Part 10.1 [Taxes, Fees and Charges] of that Act, and an assessment roll

authenticated under the old Division is deemed to be an assessment roll authenticated

under the new Division.

(2) The requirement under the new

section 360 (5) [report

respecting how parcel tax determined] does not apply in relation to a parcel tax

referred to in subsection (1) until 5 years after that new

section comes into force,

unless the authorizing bylaw for the parcel tax is amended during that period to impose a

different rate.

Continuation of fees and charges

(1) A municipal fee or charge imposed by bylaw under an

old provision of the Municipal Act that is not continued in the new provisions of

that Act is deemed to be a fee or charge imposed by bylaw under the new Division 3 [Fees

and Charges] of

Part 10.1 [Taxes, Fees and Charges] of that Act.

(2) The requirement under the new

section 363 (4) [report

respecting how fee or charge determined] does not apply in relation to a fee or charge

referred to in subsection (1) until 5 years after that new

section comes into force,

unless the authorizing bylaw for the fee or charge is amended during that period to change

the amount of the fee or charge.

(3) If the old provisions of the Municipal Act provided

authority to a municipality in relation to a bylaw referred to in this

section that is not

provided in the new provisions of that Act, until the bylaw is repealed the municipality

continues to have the authority provided under the old provisions in relation to the bylaw

and, for these purposes, they are deemed not to have been repealed, except that the bylaw

may not be amended to increase the fees or charges or impose additional fees or charges.

Continuing authority for services

(1) If, at the time the new

Part 15 [Municipal

Services] of the Municipal Act comes into force, a municipality has adopted a

bylaw in accordance with the old provisions of that Act, under which it is to provide a

service inside the municipality, the bylaw is deemed to be a bylaw adopted under and in

accordance with the applicable provision of that new Part.

(2) For certainty, subsection (1) applies to a service

provided under an old provision of the Municipal Act that is not being

continued in the new provisions of that Act, in which case the bylaw is deemed

to be a bylaw under the new

section 517 [general authority for services]

of the Municipal Act .

(3) If, at the time the new

Part 15 [Municipal Services]

of the Municipal Act comes into force, a municipality has adopted a bylaw

in accordance with the old provisions of that Act, under which it is to provide

a service to an area outside the municipality, the bylaw is deemed to be a bylaw

adopted under and in accordance with the new

section 518 [services outside

municipality] of the Municipal Act .

(4) If the old provisions of the Municipal Act provided

authority to a municipality in relation to a bylaw referred to in this

section that is not

provided in the new provisions of that Act, until the bylaw is repealed, the municipality

continues to have the authority provided by the old provisions and, for these purposes,

they are deemed not to have been repealed.

Commencement

(1) Section 112 is deemed to have come into force on

April 21, 1997, being the date on which the Revised Statutes of British Columbia 1996 came

into force, and is retroactive to the extent necessary to give it effect on and after that

date.

(2) Section 327 is deemed to have come into force on September 23,

1998, being the date on which the applicable amendments made by the Local Government

Statutes Amendment Act, 1998, came into force, and is retroactive to the extent

necessary to give it effect on and after that date.

(3) Sections 9, 10, 12 to 43, 63, 146, 263 to 269, 275, 278 to 310

and 321 to 323 are deemed to have come into force on the date this Act received First

Reading in the Legislative Assembly and are retroactive to the extent necessary to give

them effect on and after that date.

(4) This Act, other than the sections referred to in subsections

(1) to (3), comes into force by regulation of the Lieutenant Governor in Council.

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PART 1 | EXPLANATORY NOTES . . . ]

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