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2003 Legislative Session: 4th Session, 37th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 23rd day of October, 2003

Ian D. Izard, Law Clerk

HONOURABLE TED NEBBLING

MINISTER OF STATE FOR

COMMUNITY CHARTER

BILL 76 – 2003

COMMUNITY CHARTER TRANSITIONAL PROVISIONS,

CONSEQUENTIAL AMENDMENTS AND OTHER

AMENDMENTS ACT, 2003

Part 3 – Other Amendments to the Community Charter

Section 11 (3) of the Community Charter, S.B.C. 2003, c. 26, is amended by adding

", prohibit and impose requirements in relation to" after "power to regulate" .

Section 16 (6) (

a) is amended by striking out "regulate, prohibit or require;" and substituting "regulate, prohibit and impose requirements;" .

Section 23 (1) (

b) is amended by striking out "regulatory authority" and substituting "authority to regulate, prohibit and impose requirements" .

Section 35 is amended

(

a) in subsection (2) (

c) by adding "or an area to which an order under

section 7 (1) of the Environment and Land Use Act applies" after " Protected Areas of British Columbia Act " , and

(

b) in subsection (8) (

c) by adding "or an area to which an order under

section 7 (1) of the Environment and Land Use Act applies" after " Protected Areas of British Columbia Act " .

Section 40 (4) is amended by striking out "works that council considers" and substituting "works the council considers" .

Section 47 is amended by striking out "section 12 (1) (a)" and substituting "section 12 (1)" .

Section 54 (1) is amended by striking out "under

section 8 (3) (1)" and substituting "under

section 8 (3) (l)" .

Section 56 is amended

(

a) in subsection (1) in the definition of "construction" by adding "other"

before

"structure" wherever it appears, and

(

b) in subsection (2) (

a) by adding "other" before "structures" .

Section 91 (3) is amended by striking out "person" and substituting "persons" .

539 Sections 101 (3), 102 (2), 103 (2), 105 (3), 106 (3), 107 (3) and 108 (2) are amended by striking out "local government office for the period established by" and substituting "an office described in, and for the period established by," .

Section 106 (1) (

a) is amended by striking out "a member" and substituting "a council member" .

Section 110 (2) is amended by adding "or

Part I of the Vancouver Charter " after " Local Government Act " .

Section 111 (2) (

a) is amended by adding "of" before "at least" .

Section 132 (3) (

a) is amended by adding "member" after "presiding" .

Section 143 (1) (

b) is amended by striking out "regulatory authority;" and substituting "authority to regulate, prohibit and impose requirements;" .

Section 215 (1) is amended in paragraph (

b) of the definition "business promotion scheme" by striking out "buildings or structures"

and substituting

"buildings or other structures" .

Section 223 (1) (

a) is repealed and the following substituted:

(

a) prescribed industrial land or industrial improvements, or both;

(a.1) prescribed business land or business improvements, or both; .

Section 276 (3) is amended by striking out "must respond to the those comments." and substituting "must respond to those comments."

Section 281 is amended

(

a) in subsection (1) (

a) by striking out "or require;" and substituting "and impose requirements;" , and

(

b) in subsection (2) (

d) by adding "by alternative approval process" after "the approval of the electors" .

Section 1 of the

Schedule is amended

(

a) in the definition of "alternative approval process" by striking out "elections" and substituting "electors" ,

(

b) in the definition of "general bylaw" by striking out "138 (2)" and substituting "138" ,

(

c) in the definition of "intermunicipal watercourse" by striking out "548 (1)" and substituting "548" , and

(

d) in paragraph (

f) of the definition of "local authority" by adding "or the Local Government Act" after "of this Act" .

Commencement

(1) Subject to subsections (2) to (9), this Act comes into force by regulation of the Lieutenant Governor in General.

(2) Sections 3 and 20 are deemed to have come into force on March 11, 2003 and are retroactive to the extent necessary to give them effect on and after that date.

(3) Section 39 comes into force on the day that

section 205 of the Business Corporations Act, S.B.C. 2002, c. 57, comes into force.

(4) Sections 41 (

a) and 42 (

b) come into force on the day that the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, comes into force.

(5) Section 41 (

b) comes into force on December 31, 2003 for the purposes of the 2004 and subsequent taxation years.

(6) Sections 83, 96 and 108 (

a) come into force by regulation of the Lieutenant Governor in Council, which regulation may not be made before the date that sections 8, 12 and 14 of the Miscellaneous Statutes Amendment Act (No. 2), 2002, S.B.C. 2002, c. 48, come into force.

(7) Section 163, as it relates to the

definitions of "regional park" and "regional trail", comes into force on the day that the Park (Regional) Act, R.S.B.C. 1996, c. 345, is repealed, and is retroactive to the extent necessary to have effect on and after that date.

(8) Section 307 comes into force on the day that the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, comes into force.

(9) The following sections are deemed to have come into force on February 19, 2003 and are retroactive to the extent necessary to give them effect on and after that date:

(

a) section 40;

(

b) section 265, as it enacts

section 363.1 of the Local Government Act ;

(

c) section 330, and

(

d) section 498, as it enacts

section 2.1 (2) of the Vancouver Charter in relation to the application of

section 193.1 of the Community Charter.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada