Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE TED NEBBELING

MINISTER OF STATE FOR COMMUNITY CHARTER

BILL 67 – 2003

COMMUNITY CHARTER TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS

AND OTHER AMENDMENTS ACT, 2003 — continued

Part 2 – Consequential Amendments

Agricultural Credit Act

Section 6 (2) of the Agricultural Credit Act, R.S.B.C. 1996,

c. 9, is repealed and the following substituted:

(2) The Surveyor of Taxes or the collector must add the amount to the assessment roll and it is then deemed to be taxes for all purposes of the Taxation (Rural Area) Act , the Local Government Act and the Community Charter , including for the purposes of collection and recovery.

Assessment Act

Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20,

is amended by repealing the definition of "municipality" .

British Columbia Transit Act

Section 1 (1) of the British Columbia Transit Act, R.S.B.C.

1996, c. 38, is amended by repealing the definition of "municipality"

and substituting the following:

"municipality" includes a regional district or

part of a regional district; .

Section 8 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) Despite the Community Charter , Local Government

Act or the Vancouver Charter , a municipality may, by bylaw,

without the approval of the electors or the assent of the electors, enter into

an agreement with the authority necessary for the purposes of this Act. ,

and

(

b) in subsection (7) by adding "section 33 [compensation

for expropriation and other actions] of the Community Charter ,"

before "sections 309 (2) and 312 of the Local Government Act " .

Section 19 (1) and (5) is amended by adding "the Community

Charter ," before "the Local Government Act " .

Section 22 is amended by striking out "the Local

Government Act ." and substituting "the Community Charter

or the Local Government Act , as applicable."

Section 25 is amended

(

a) by repealing subsections (3), (4) and (9) and substituting the following:

(3) A local transit commission consists of not fewer than 5 members appointed by the Lieutenant Governor in Council from among persons holding elected office on a municipal council or regional district board.

(4) A regional transit commission consists of not fewer than 7 members appointed by the Lieutenant Governor in Council from among persons holding elected office on a municipal council or regional district board.

(9) If a person appointed under this

section ceases to

hold elected office on a municipal council or regional district board, his or

her appointment under this

section is terminated. , and

(

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

(vi) the Mayor of Sooke;

(vii) the electoral area director of the Juan de Fuca electoral area.

Section 26 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

a) taxation and payment of fees under the Community

Charter , the Local Government Act , the Greater Vancouver Sewerage

and Drainage District Act or the Vancouver Charter , except with respect

to the taxation of real property, or , and

(

b) in subsection (2) by adding "the Community Charter ,"

before "the Local Government Act ," .

Budget Measures Implementation Act, 2003

Section 17 of the Budget Measures Implementation Act, 2003,

S.B.C. 2003, c. 3, is repealed.

Cemetery and Funeral Services Act

Section 1 (1) of the Cemetery and Funeral Services Act, R.S.B.C.

1996, c. 45, is amended by repealing the definition of "municipality"

and substituting the following:

"municipality" includes an improvement district;

Section 18 (1) (

a) and (2) (

a) is amended by striking out "section

195 of the Local Government Act ," and substituting "section

185 [ownership of corporations] of the Community Charter ," .

Section 1 of the Supplement to the Cemetery and Funeral Services

Act is repealed.

Coastal Ferry Act

Section 1 of the Coastal Ferry Act, S.B.C. 2003, c. 14, is

amended by repealing paragraph (

d) of the definition of "qualified individual"

and substituting the following:

(

d) is not an employee of a municipality, regional district,

trust council or greater board within the appointment area; .

Section 30 (1) is amended

(

a) by repealing the definition of "local government" ,

and

(

b) in the definition of "municipality" by striking out

" Local Government Act " and substituting " Community

Charter " .

Columbia Basin Trust Act

Section 6 (1) of the Columbia Basin Trust Act, R.S.B.C. 1996,

c. 53, is amended by striking out "the regional district officer assigned

responsibility under

section 198 of the Local Government Act " and

substituting "the regional district corporate officer" .

Section 7 (1) (

a) is amended by striking out "the officer

of that board assigned responsibility under

section 198 of the Local Government

Act ," and substituting "the regional district corporate officer," .

Community Care and Assisted Living Act

Section 1 of the Community Care and Assisted Living Act, S.B.C.

2002, c. 75, is amended by repealing the definition of "municipality"

and substituting the following:

"municipality" includes

(

a) a regional district, and

(

b) a local trust committee as defined in the Islands

Trust Act ; .

38 Sections 52 and 53 are repealed.

Community Care Facility Act

Section 1 of the Community Care Facility Act, R.S.B.C. 1996,

c. 60, is amended by repealing the definition of "municipality"

and substituting the following:

"municipality" includes a regional district; .

Community Charter

Section 169 (2) and (3) is repealed and the following substituted:

(2) A municipal auditor must be a person who is qualified to be the auditor of a company under

section 205 of the Business Corporations Act .

(3) A municipal auditor has the power and duty to conduct the examinations necessary to prepare the reports required under this Division and, for these purposes, has the same authority in relation to the municipality as the auditor of a company under the Business Corporations Act .

41 The following

section is added:

Interest calculation

193.1 A municipality may, by bylaw, establish

the manner in which interest is calculated if

(

a) this or another Act provides a requirement or authority to apply interest to an amount owed to, or owing by, the municipality, and

(

b) the manner in which interest is calculated is not otherwise provided for.

Section 220 (1) (

q) is amended by striking out "eliminators;"

and substituting "eliminating equipment;" .

Section 224 (2) (

j) is repealed and the following substituted:

(

j) land or improvements owned or held by a person or

organization and operated as a private hospital licensed under the Hospital

Act or an institution licensed under the Community Care and Assisted

Living Act ; .

Community Financial Services Act

Section 1 of the Community Financial Services Act, R.S.B.C.

1996, c. 61, is amended by repealing paragraphs (

a) and (

b) of the definition

of "public body" and substituting the following:

(

a) a municipality or regional district, .

Cosmetologists Act

Section 14 (2) of the Cosmetologists Act, R.S.B.C. 1996, c.

178, is amended by striking out "as defined by" and substituting

"within the meaning of" .

Credit Union Incorporation Act

Section 1 (1) of the Credit Union Incorporation Act, R.S.B.C.

1996, c. 82, is amended by repealing paragraphs (

a) and (

b) of the definition

of "public body" and substituting the following:

(

a) a municipality or regional district, .

Criminal Records Review Act

Section 7 (1) of the Criminal Records Review Act, R.S.B.C.

1996, c. 86, is amended by repealing the definition of "municipality"

and substituting the following:

"municipality" includes

(

a) a regional district, and

(

b) an improvement district; .

Dike Maintenance Act

Section 1 of the Dike Maintenance Act, R.S.B.C. 1996, c. 95,

is amended by repealing the definition of "municipality" and substituting

the following:

"municipality" means a municipality as defined

for the purposes of the Community Charter ; .

Document Disposal Act

Section 4 of the Document Disposal Act, R.S.B.C. 1996, c. 99,

is repealed and the following substituted:

Municipality may deposit documents in archives

4 With the consent of the chief executive of the museum, a municipality or regional district, or a school board or francophone education authority as defined in the School Act , may deposit any of its noncurrent documents with the museum for preservation in the archives.

Drainage, Ditch and Dike Act

Section 107 (2) and (3) of the Drainage, Ditch and Dike Act,

R.S.B.C. 1996, c. 102, is repealed and the following substituted:

(2) If the top of the dike forms a portion of a highway or road, the authority responsible for the repair of the highway must maintain it at a constant level and repair all injury directly or indirectly caused to the dike by its use as a highway or road.

(3) If a highway is crossed by a ditch necessitating the construction of a bridge, the commissioners are liable for the first cost of the bridge, and the authority responsible for the repair of the highway must maintain it and keep it in proper repair.

Section 171 is amended

(

a) in subsection (2) by striking out "specified area under

Division 2 of

Part 19 of the Local Government Act ," and substituting

"local service area under Division 5 [Local Service Taxes] of

Part 7 of the Community Charter ," ,

(

b) in subsections (3), (4) and (7) by striking out "specified

area" and substituting "local service area" ,

(

c) in subsection (5) by striking out "section 176 [corporate

powers] of the Local Government Act ," and substituting "section

8 (1) [natural person powers] of the Community Charter ," .

(

d) in subsection (6) by adding "or approval of the electors"

after "assent of the electors" and by striking out " Local

Government Act ," and substituting " Community Charter ," ,

and

(

e) by repealing subsection (8).

Drinking Water Protection Act

Section 1 of the Drinking Water Protection Act, S.B.C. 2001,

c. 9, is amended by repealing paragraph (

b) of the definition of "local

authority" and substituting the following:

(

b) an improvement district, as defined in the Local Government Act , that is responsible for the provision of drinking water,

(b.1) a greater board, as defined in the Community

Charter , that is responsible for the provision of drinking water, and .

Section 27 (4) is amended by adding " Community Charter ,"

before " Local Government Act ," .

Section 38 (4) is repealed and the following substituted:

(4) For the purposes of undertaking work specifically contemplated by a drinking water protection plan, the minister responsible for the Local Government Act may, by order, exempt a local government from the requirement for approval of the electors, assent of the electors or other elector approval under the Community Charter , the Local Government Act , the Vancouver Charter or another enactment, subject to any conditions established by the minister.

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 194 [municipal fees] of the Community

Charter or

section 363 [regional district fees and charges] of the

Local Government Act , or a bylaw under either of those sections, .

Emergency Communications Corporations Act

Section 4 (3) of the Emergency Communications Corporations

Act, S.B.C. 1997, c. 47, is repealed and the following substituted:

(3) A municipality or regional district may become a member of an emergency communications corporation without the approval of the Inspector of Municipalities or without authorization by regulation, and sections 185 [municipal ownership of corporations] of the Community Charter and 195 [regional district ownership] of the Local Government Act do not apply.

Emergency Program Act

Section 1 (1) of the Emergency Program Act, R.S.B.C. 1996,

c. 111, is amended by repealing the definition of "municipality" .

Section 13 (6) is repealed and the following substituted:

(6) The local authority of a municipality or electoral area may, during or within 60 days after declaring a state of local emergency, by bylaw ratified by the minister responsible for the administration of the Community Charter , but without obtaining the approval of the electors or the assent of the electors, borrow any money necessary to pay expenses caused by the emergency.

Energy and Mines Statutes Amendment Act

Section 7 of the Energy and Mines Statutes Amendment Act, 2002,

S.B.C. 2002, c. 26, is repealed.

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 "spousal

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

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

Evidence Act

Section 28 (1) (

b) and (2) of the Evidence Act, R.S.B.C. 1996,

c. 124, is amended by striking out "the local government officer assigned

responsibility under

section 198 of the Local Government Act " and

substituting "the local government corporate officer" .

Section 60 (

f) is repealed and the following substituted:

(

f) the local government corporate officer and that person's

deputy; .

Expropriation Act

Section 1 of the Expropriation Act, R.S.B.C. 1996, c. 125,

is amended by repealing paragraphs (

b) and (

c) of the definition of "approving

authority" and substituting the following:

(

b) for an expropriation by a council under the Community Charter , the council, unless the Lieutenant Governor in Council designates the minister responsible for the administration of that Act as the approving authority for the purpose of

(

i) expropriations under that Act, or

(ii) any particular expropriation under that Act,

(b.1) for an expropriation by a regional district board under the Local Government Act , the board, unless the Lieutenant Governor in Council designates the minister responsible for the administration of that Act as the approving authority for the purpose of

(

i) expropriations under that Act, or

(ii) any particular expropriation under that Act,

(

c) for an expropriation under the Vancouver Charter , the Vancouver City Council, unless the Lieutenant Governor in Council designates the minister responsible for the administration of that Act as the approving authority for the purpose of

(

i) expropriations under that Act, or

(ii) any particular expropriation under that Act, .

Farm Practices Protection (Right to Farm) Act

Section 1 of the Farm Practices Protection (Right to Farm)

Act, R.S.B.C. 1996, c. 131, is amended by repealing the definition of "land

use regulation" and substituting the following:

"land use regulation" means an enactment that restricts or prescribes the use to which land or premises may be put or the nature of business or activities that may be conducted on land or premises, but does not include the following:

(

a) a bylaw under the following provisions of the Community Charter :

section 8 (3) (d) [firecrackers, fireworks and explosives] ;

section 8 (3) (e) [weapons other than firearms] ;

section 8 (3) (h) [nuisances, disturbances and other situations] ;

section 8 (3) (k) [animals] ;

(

b) a bylaw under the following provisions of the Local

Government Act :

section 704 [animal control authority] ;

section 724 [noise control] ;

section 725 [nuisances and disturbances] ;

section 728 [fireworks] .

Section 2 (3) is repealed and the following substituted:

(3) The following apply if each of the requirements of subsection (2), except subsection (2) (b) (ii), is fulfilled in relation to a farm operation conducted as part of a farm business:

(

a) despite

section 260 (3) [bylaw contraventions] of the Community Charter , a farmer does not contravene a bylaw made under the following provisions of the Community Charter only by conducting that farm operation:

section 8 (3) (d) [firecrackers, fireworks and explosives] ;

section 8 (3) (e) [weapons other than firearms] ;

section 8 (3) (h) [nuisances, disturbances and other situations] ;

section 8 (3) (k) [animals] ;

(

b) despite

section 267 of the Local Government Act , a farmer does not contravene a bylaw made under the following provisions of the Local Government Act only by conducting that farm operation:

section 703 [animal control authority] ;

section 724 [noise control] ;

section 725 [nuisances and disturbances] ;

section 728 [fireworks] ;

(

c) despite

section 274 [actions by municipality] of the Community Charter and

section 281 [enforcement by regional district] of the Local Government Act , the farmer must not be prevented by injunction or other order of a court from conducting that farm operation.

Financial Disclosure Act

Section 1 of the Financial Disclosure Act, R.S.B.C. 1996, c.

139, is amended by repealing paragraph (b) (

i) of the definition of "disclosure

clerk" and substituting the following:

(

i) in the case of an official or employee in relation

to a municipality or regional district, the local government corporate officer,

Financial Institutions Act

Section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996,

c. 141, is amended by repealing paragraphs (

a) and (

b) of the definition of

"public body" and substituting the following:

(

a) a municipality or regional district, .

Fire Services Act

Section 1 of the Fire Services Act, R.S.B.C. 1996, c. 144,

is amended by adding the following definition:

"Provincial building regulations" means the Provincial

building regulations as defined in the Community Charter ; .

Section 23 (2), (4) and (5) are repealed and the following

substituted:

(2) If the land on which the premises are located is in a municipality, the fire commissioner must certify to the municipal financial officer the costs actually and necessarily incurred in carrying out the order.

(4) The amount paid under subsection (3) forms a special charge, within the meaning of

section 250 [taxes are a special charge on the land] of the Community Charter , on the land and the improvements in favour of the municipality, and is for all purposes deemed to be delinquent taxes on the land under that Act from the date of the payment.

(5) The Community Charter applies to the collection and recovery of amounts deemed to be delinquent taxes under subsection (4).

Section 30 (1) and (4) is amended by striking out "the

building regulations made under the Local Government Act ." and

substituting "the Provincial building regulations."

Firearm Act

Section 2 (1) of the Firearm Act, R.S.B.C. 1996, c. 145, is

repealed and the following substituted:

(1) Despite

(

a) a regulation made under

section 108 (2) (

n) or (

o) of the Wildlife Act , or

(

b) a bylaw under

section 8 (5) [fundamental powers – firearms] of the Community Charter ,

the chief provincial firearms officer may issue a permit authorizing a person to establish and maintain an indoor shooting range and to discharge a firearm in the indoor shooting range.

First Peoples' Heritage, Language and Culture Act

Section 12 of the First Peoples' Heritage, Language and Culture

Act, R.S.B.C. 1996, c. 147, is amended by adding "the Community Charter ,"

after "taxation under" .

Fish Protection Act

Section 1 of the Fish Protection Act, S.B.C. 1997, c. 21, is

amended by repealing paragraph (

a) of the definition of "local government"

and substituting the following:

(

a) the council of a municipality, .

Section 12 (4) (

b) is amended by striking out "the

Municipal Act " and substituting "the Local Government

Act " .

Food Safety Act

Section 28 of the Food Safety Act, S.B.C. 2002, c. 28, is repealed.

Forest Act

Section 140 (1) (

c) of the Forest Act, R.S.B.C. 1996, c. 157,

is repealed and the following substituted:

(

c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.

Forest and Range Practices Act

Section 110 (1) (

c) of the Forest and Range Practices Act,

S.B.C. 2002, c. 69, is repealed the following substituted:

(

c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.

Forest Practices Code of British Columbia Act

Section 53 of the Forest Practices Code of British Columbia

Act, R.S.B.C. 1996, c. 159, is amended by adding ", Community Charter "

after " Land Act ."

Section 75 is amended in the definition of "local government"

by repealing paragraph (d).

Section 164 (1) (

c) is repealed and the following substituted:

(

c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.

Freedom of Information and Protection of Privacy Act

Schedule 1 of the Freedom of Information and Protection of

Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "local

government body"

(

a) by repealing paragraphs (a), (

b) and (

c) and substituting the following:

(

a) a municipality,

(

c) a regional district, , and

(

b) in paragraph (

f) by striking out " Local Government Act "

and substituting " Community Charter " .

Gaming Control Act

Section 1 (1) of the Gaming Control Act, S.B.C. 2002, c. 14,

is amended by repealing the definition of "municipality" .

Gas Safety Act

Section 1 of the Gas Safety Act, R.S.B.C. 1996, c. 169, is

amended by repealing the definition of "municipality" .

Greater Nanaimo Water District Act

Section 11 (2) (

b) of the Greater Nanaimo Water District Act,

S.B.C. 1953 (2nd Session), c. 41, is amended by striking out "the Local

Government Act ," and substituting "the Community Charter

or the Local Government Act ," .

Section 84 (1) is amended by adding "the Community

Charter ," before "the Local Government Act ".

Greater Vancouver Sewerage and Drainage District Act

Section 7 (3) of the Greater Vancouver Sewerage and Drainage

District Act, S.B.C. 1956, c. 59, is amended

(

a) by striking out "by by-law, with the assent of the owner-electors

of the municipality obtained in accordance with the procedures set forth in

the Local Government Act or the Vancouver Charter , as the case

may be" and substituting ", by by-law adopted with the assent

of the electors" , and

(

b) by striking out "'Owner-electors' as used in this subsection

shall have the same meaning as the word is given by the Local Government

Act or the Vancouver Charter , as the case may be."

Section 7B (3) is amended by striking out "municipality."

and substituting "regional district."

Section 7C (3) is amended by striking out "municipality."

and substituting "regional district."

Section 8 (5) is repealed and the following substituted:

(5) Section 123 (3) and (4) [obligation to vote] and Division 6 [Conflict of Interest] of

Part 4 of the Community Charter apply to the Board, its select committees, standing committees and any other committees it establishes that are composed solely of Board members and, to the extent that they are not inconsistent with this Act, sections 791 (15), 792 and 793 of the Local Government Act apply to the Board.

Section 14 (2) is repealed and the following substituted:

(2) Section 135 (1), (4) and (6) [requirements for passing bylaws: 3 readings, order of approvals, signing] of the Community Charter and

section 794 (3) and (4) of the Local Government Act apply to the Corporation.

91 Sections 18 and 20 are repealed and the following substituted:

Secretary

18. In addition to the duties and powers established

by the Board, the Secretary has the duties and powers of a regional district

corporate officer.

Treasurer

20. In addition to the duties and powers established

by the Board, the Treasurer has the duties and powers of a regional district

financial officer.

Section 34.1 is amended

(

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

(1) Subject to subsection (1.1), the Corporation may, by by-law, establish reserve funds and for these purposes sections 188 (1) [establishment of reserve funds] , 189 [use of money in reserve funds] and 191 [liability for use of money contrary to Act] of the Community Charter apply.

(1.1) For the purpose of subsection (1), a reference

section 189 (5) of the Community Charter to a fund required under

section 188 (2) (

a) of that Act is a reference to a fund established under

section

58.6 of this Act. , and

(

b) in subsection (2) by striking out "special" in both

places.

Section 50 is repealed.

Section 55 (3) is amended by striking out ", within

the meaning of the Local Government Act ," .

Section 58.2 (3) (

c) is repealed and the following substituted:

(

c) the building permit authorizes the construction,

alteration or extension of a building or other structure, or part of a building

or other structure, that is, or will be, after the construction, alteration

or extension, exempt from taxation under

section 220 (1) (h) [statutory exemption

of building for public worship] of the Community Charter ; .

Section 58.3 (2) is amended by striking out "under

the Local Government Act " and substituting "under the Community

Charter " .

Section 58.6 (4) is repealed.

Greater Vancouver Transportation Authority Act

Section 21 of the Greater Vancouver Transportation Authority

Act, S.B.C. 1998, c. 30, is amended

(

a) in subsections (1) and (2) by adding "the Community Charter ,"

before "the Vancouver Charter " ,

(

b) by repealing paragraph (b) (

i) of subsection (4) and substituting the following:

(

i) with the approval of the Minister of Transportation

and Highways under

section 531 of the Local Government Act as that

section

read before being repealed by the Community Charter Transitional Provisions,

Consequential Amendments and Other Amendments Act, 2003 , and , and

(

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

(6) The approval of the minister responsible for the Highways Act is not required under

section 36 (2) (c) [regulation of extraordinary traffic on arterial highways] of the Community Charter for a bylaw, described in subsection (4) of this section, passed after this

section comes into force.

Section 22 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) Despite any other enactment, a municipality must

not make a bylaw described in

section 23 of the Transport of Dangerous Goods

Act in respect of a highway that is part of the major road network. ,

and

(

b) in subsection (5) by striking out "A bylaw made by a municipality

under

section 23" and substituting "A municipal bylaw described

section 23" .

Section 23 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(a)

section 35 (1) [ownership and possession of highways]

of the Community Charter ; , and

(

b) by repealing subsections (2) and (4) and substituting the following:

(2) The authority has the right of possession of any highway referred to in subsection (1) of this section.

(4) In relation to all or any part of a highway referred to in subsection (1) located within a municipality, the authority has powers equivalent to those of the municipality in respect of the layout, design, construction and maintenance of highways.

Section 25 (6) (

b) is amended by striking out "regional

districts under

section 359.2 of the Local Government Act ." and

substituting "regional hospital districts under

section 27 of the Hospital

District Act ."

Section 27 (1) and (4) and 34 (1) and (3) are amended by adding

"the Community Charter ," before "the Local Government

Act ," .

103 Sections 51 (

a) and 55 (

b) and (

c) are repealed.

Greater Vancouver Water District Act

Section 10 (5) of the Greater Vancouver Water District Act,

S.B.C. 1924, c. 22, is repealed and the following substituted:

(5) Section 123 (3) and (4) [obligation to vote] and Division 6 [Conflict of Interest] of

Part 4 of the Community Charter apply to the Board, its select committees, standing committees and any other committees it establishes that are composed solely of Board members and, to the extent that they are not inconsistent with this Act, sections 791 (15), 792 and 793 of the Local Government Act apply to the Board.

Section 17 (3) is repealed and the following substituted:

(3) Section 135 (1), (4) and (6) [requirements for passing bylaws: 3 readings, order of approvals, signing] of the Community Charter and

section 794 (3) and (4) of the Local Government Act apply to the Corporation.

106 Sections 21 and 23 are repealed and the following substituted:

Secretary

21. In addition to the duties and powers established

by the Board, the Secretary has the duties and powers of a regional district

corporate officer.

Treasurer

23. In addition to the duties and powers established

by the Board, the Treasurer has the duties and powers of a regional district

financial officer.

Section 57.1 is amended

(

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

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

funds for the purposes of sections 188 (1) [establishment of reserve funds] ,

189 [use of money in reserve funds] and 191 [liability for use of

money contrary to Act] of the Community Charter . , and

(

b) in subsection (2) by striking out "special" in both

places.

Section 81 is amended

(

a) in subsection (1) by adding "the Community Charter ,"

before "the Local Government Act ," ,

(

b) in subsection (5) by striking out everything after "as may

be specified" , and

(

c) by adding the following subsection:

(6) Until required to be used in accordance with this

section, the moneys may be invested in the investments authorized under

section

183 [investment of municipal funds] of the Community Charter .

Health Act

Section 46 (8) of the Health Act, R.S.B.C. 1996, c. 179, is

amended by striking out "as defined by the Local Government Act " .

Section 74 is amended

(

a) in subsections (3) and (4) by adding " Community Charter ,"

before " Local Government Act " wherever it appears, and

(

b) in subsection (3) (

a) by striking out "the Vancouver

Charter ," and substituting " Vancouver Charter ," .

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" .

Section 15 (1) is amended by adding "the Community

Charter ," before "the Local Government Act ," .

Health Emergency Act

Section 1 of the Health Emergency Act, R.S.B.C. 1996, c. 182,

is amended by repealing the definition of "municipality" .

Highway Act

Section 31 (1) of the Highway Act, R.S.B.C. 1996, c. 188,

is repealed and the following substituted:

(1) In relation to an arterial highway that runs in or through a municipality, the ministry has, in addition to all other powers, powers equivalent to those of the municipality in respect of the layout, design, construction and maintenance of highways.

Section 36 is amended by striking out "the Local

Government Act " and substituting "the Community Charter " .

Highway Scenic Improvement Act

Section 1 of the Highway Scenic Improvement Act, R.S.B.C.

1996, c. 190, is amended by repealing the definition of "municipality" .

Home Conversion and Leasehold Loan Act

Section 1 of the Home Conversion and Leasehold Loan Act, R.S.B.C.

1996, c. 192, is amended in the

definitions of "commercial or industrial

building" and "family residence" by striking out "land

tax under the Taxation (Rural Area) Act ," and substituting "property

tax under the Taxation (Rural Area) Act , Community Charter ," .

Home Owner Grant Act

Section 1 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194,

is amended in paragraphs (a) (

i) and (b) (

i) of the definition of "owner"

by striking out " Local Government Act ," and substituting

" Community Charter ," .

Section 11 is repealed and the following substituted:

Grant – subdivision apportionment

11 If the collector has made an apportionment

under

section 242 [apportionment of property value taxes if land subdivided]

of the Community Charter , an owner to whom the apportionment applies

is entitled to a grant under this Act in the taxation year to which the apportionment

applies so long as the owner is otherwise qualified for a grant under this Act.

Section 15 is amended by striking out " Local Government

Act ," and substituting " Community Charter ," .

Section 15.1 (1) is amended by striking out "section

367 of the Local Government Act ," and substituting "section

235 [alternative municipal tax collection scheme] of the Community

Charter ," .

Section 17 (5) (

b) is amended by striking out "the

Local Government Act ," and substituting "the Community

Charter ," .

Homeowner Protection Act

Section 13 (2) (

c) of the Homeowner Protection Act, S.B.C.

1998, c. 31, is repealed and the following substituted:

(

c) representatives of local government.

Hospital District Act

Section 16 of the Hospital District Act, R.S.B.C. 1996, c.

202, is repealed and the following substituted:

Calling of meetings

16 The following provisions of the Local Government

Act apply to the calling and conduct of meetings of a board:

section 222.1 [regular and special board meetings] ;

section 227 [proceedings at board meetings] ;

section 236 [minutes of board meetings] ;

section 793 [calling and conduct of meetings] .

Section 19 (3) (

a) is repealed and the following substituted:

(

a) under

section 229 [taxation of municipal land

used by others] of the Community Charter as if the real property

were owned by a municipality, .

Hydro and Power Authority Privatization Act

Section 10 (1) of the Hydro and Power Authority Privatization

Act, R.S.B.C. 1996, c. 213, is repealed and the following substituted:

(1) The

definitions of "agricultural land" , "agricultural land reserve" and "farm use" in

section 1 of the Agricultural Land Commission Act apply to this section.

Indian Self Government Enabling Act

Section 1 of the Indian Self Government Enabling Act, R.S.B.C.

1996, c. 219, is amended by repealing paragraphs (

a) to (

c) of the definition

of "Provincial taxing authority" and substituting the following:

(

a) the Minister of Provincial Revenue, on behalf of the government, under the Taxation (Rural Area) Act or the School Act ,

(

b) a municipality or regional district,

(

c) an improvement district as defined in the Local

Government Act , .

Section 6 (2) (

a) is repealed and the following substituted:

(

a) the power of the municipality, if it is a municipality under the Community Charter , to impose rates under

section 197 (1) (a) [annual municipal property taxes] of that Act includes the power, in relation to property in that area of Indian land taxable under the Indian land taxation law,

(

i) to impose rates or amounts for one or more property classes that are less than the rates under that

section of the Act for property of the same property classes not taxable under the Indian land taxation law, or

(ii) to determine nil rates or nil amounts for one or

more of the property classes, .

Section 20 (

b) is repealed and the following substituted:

(b)

section 197 (1) (a) [municipal property taxes]

of the Community Charter , if the area is in a municipality other than

the City of Vancouver, and .

Section 34 (

b) is amended by striking out "the Local

Government Act ," and substituting "the Community Charter

or the Local Government Act or both," .

Interpretation Act

Section 29 of the

Interpretation Act, R.S.B.C. 1996, c. 238,

is amended by repealing the

definitions of "municipality" , "regional

district" and "rural area" and substituting the

following:

"municipality" means, as applicable,

(

a) the corporation into which the residents of an area are incorporated as a municipality under the Local Government Act , the Vancouver Charter or any other Act, or

(

b) the geographic area of the municipal corporation;

"regional district" means a regional district as defined in the Local Government Act ;

"rural area" means territory that is not in a municipality;

Section 40 is repealed and the following substituted:

Definitions in Community Charter and Local

Government Act apply to other enactments

(1) So far as the terms defined can be applied,

the

definitions established by or applicable under

(

a) the

schedule to the Community Charter , and

(

b) section 5 of the Local Government Act

extend to all enactments relating to municipal and regional district matters.

(2) As an exception, subsection (1) does not apply in relation to the definition of "municipality" in the Community Charter .

Islands Trust Act

Section 6 of the Islands Trust Act, R.S.B.C. 1996, c. 239,

is amended

(

a) by repealing subsection (4) (

c) and substituting the following:

(

c) a reference to the local government or regional district

corporate officer is to be read as a reference to the officer or employee of

the trust council assigned responsibility in relation to the matter by the trust

council; , and

(

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

(6) Sections 210 [oath or affirmation of office] and 212 [resignation from office] of the Local Government Act apply to local trustees.

(7) Division 7 [Disqualification] of

Part 4 of the Community Charter applies to local trustees.

(8) In relation to

section 110 (1) (a) [disqualification for failure to take oath] of the Community Charter , the applicable time is that established by

section 210 of the Local Government Act .

Section 13 (1) is repealed and the following substituted:

(1) The following provisions apply to the trust council:

section 122 [exercise of powers by bylaw or resolution]

of the Community Charter ;

section 135 [requirements for passing bylaws] of

the Community Charter ;

Section 794 (1) (

a) and (b) [procedure bylaws] of the Local Government Act .

Section 17 (6) is repealed and the following substituted:

(6) The trust council may, by bylaw, provide all or a part of the premium for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies.

Section 18 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) Division 2 [Audit] of

Part 6 of the Community

Charter applies to the trust council and the local trust committees. ,

and

(

b) by repealing subsection (4).

Section 26 (1) is repealed and the following substituted:

(1) The following provisions of the Local Government Act apply to the local trust committees:

Division 2 [Challenge of Bylaws] of

Part 6, except sections 263 and 264 (1);

section 794 (1) (

a) and (b) [procedure bylaws] .

(1.1) For the purposes of

section 262 (3) of the Local Government Act as it applies to a local trust committee, the notice under that

section must be served on the secretary.

(1.2) The following provisions of the Community Charter apply to the local trust committees:

section 122 [exercise of powers by bylaw or resolution] ;

section 135 [requirements for passing bylaws] ;

section 136 [when a bylaw comes into force] ;

section 139 [consolidation of bylaws] ;

section 140 [revision of bylaws] ;

section 163 [evidence of municipal bylaws and other records] .

Section 28 is repealed and the following substituted:

Enforcement of bylaws

(1) For the purposes of enforcing its bylaws

and

section 32 of this Act, a local trust committee has all the power and authority

of a regional district board and, in relation to this, the following provisions

of the Local Government Act apply to the local trust committee:

Division 3 [Enforcement of Regional District Bylaws] of

Part 6, except

section 266 (2);

section 281 [enforcement by civil proceedings] .

(2) Fines and other penalties imposed and collected under or because of a bylaw of a local trust committee must be paid to the trust council.

Section 45 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) Division 2 [Audit] of

Part 6 of the Community

Charter applies to the trust fund board. , and

(

b) by repealing subsection (5).

Section 49.3 (4) is amended by adding the following paragraph:

(a.1) the Community Charter ; .

Section 49.7 is amended

(

a) in subsection (2) by striking out "section 379 (1) (b) [taxes

in arrear] of the Local Government Act ;" and substituting "section

245 (1) (b) [taxes in arrear] of the Community Charter ;" ,

and

(

b) in subsection (4) by striking out "section 376 [special

fees and charges that may be collected as taxes] of the Local Government

Act applies to the amount." and substituting "section 258

[special fees that may be collected as property taxes] of the Community

Charter applies to the amount."

Section 53 (2) (

i) and (

j) are amended by adding " Community

Charter or" before " Local Government Act " .

Section 54 is repealed and the following substituted:

Additional powers and exceptions may be granted to a trust body

(1) In this section, "trust body" includes

(

a) the executive committee,

(

b) a specified local trust committee or a described class of local trust committees,

(

c) the trust council, and

(

d) the trust fund board.

(2) Despite any other Act, the Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a trust body or class of trust bodies:

(

a) provide a power, including a power to regulate, prohibit or impose requirements;

(

b) provide an exception to or a modification of a requirement or condition established by an enactment;

(3) Without limiting subsection (2), a regulation made under this

section may provide a trust body with the power to delegate a power given under this section, or to transfer a benefit received under this section, to one or more of the other trust bodies.

(4) As restrictions, a regulation made under this

section must not do any of the following:

(

a) confer an authority otherwise available to a trust body;

(

b) override an absolute prohibition contained in an enactment;

(

c) confer an authority to impose a new tax;

(

d) confer an authority to grant a new tax exemption;

(

e) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors.

Land Act

Section 7 (5) (

a) of the Land Act, R.S.B.C. 1996, c. 245,

is repealed and the following substituted:

(

a) a public road or highway established under this Act,

the Highway Act , the Community Charter or the Local Government

Act ; .

Section 89 (

b) is repealed and the following substituted:

(

b) the corporate officer of the municipality where the land is located.

Section 93 (4) is repealed and the following substituted:

(4) The municipality may recover an amount paid by it under this

section as if it were a tax imposed under the Community Charter .

Section 106 (5) is repealed and the following substituted:

(5) Subsection (3) does not apply to a disposition made by the Lieutenant Governor in Council under the Highway Act .

Land Tax Deferment Act

Section 1 of the Land Tax Deferment Act, R.S.B.C. 1996, c.

249, is amended

(

a) by repealing the definition of "collector" and

substituting the following:

"collector" means a collector of taxes appointed

under the Community Charter , the Local Government Act , the Vancouver

Charter or the Taxation (Rural Area) Act ; ,

(

b) by repealing the definition of "municipality" ,

(

c) by repealing paragraph (

a) of the definition of "owner"

and substituting the following:

(

a) an owner as defined in the Community Charter ;

, and

(

d) by repealing paragraph (a) (

i) of the definition of "tax

Act" and substituting the following:

(

i) the Community Charter or the Local Government

Act , as applicable, if the eligible property is in a municipality, .

Land Title Act

Section 83 (2) (b) (ii) of the Land Title Act, R.S.B.C. 1996,

c. 250, is repealed and the following substituted:

(ii) if local service taxes are payable by instalments,

that all instalments owing at the date of the certificate have been paid; .

Section 120 is repealed and the following substituted:

Municipal bylaw cancelling highway or public square dedication

(1) A municipal bylaw cancelling the dedication

of all or part of a highway or public square must be filed in the land title

office.

(2) In relation to a bylaw under subsection (1), the registrar may accept a reference plan, or an explanatory plan, or a description by apt descriptive words.

(3) On the filing of a bylaw cancelling the dedication of all or part of a highway, the registrar must register the indefeasible title of the property in the name of the municipality, subject to the reservations and exceptions provided in

section 50 of the Land Act and

section 35 [ownership and possession of highways] of the Community Charter , as if the vesting were made by Crown grant under the Land Act .

Section 136 (1) is repealed and the following substituted:

(1) Subject to subsection (1.1), the Minister of Environment, Lands and Parks may

(

a) order the cancellation of a plan or a portion of a plan comprising land owned by the government, including land vested in a municipality as a highway, and

(

b) by that order or a subsequent order, make provisions he or she considers proper for the protection of the rights of a purchaser of a parcel shown on the plan.

(1.1) In respect to land vested in a municipality as a highway, the minister may only make an order under subsection (1) if the municipality has done all of the following:

(

a) closed the highway and removed the dedication of the land as a highway in accordance with sections 40 [permanent closure and removal of highway dedication] and 41 [restrictions in relation to highway disposition, closure or alteration] of the Community Charter ;

(

b) disposed of the land that was a highway to the government in accordance with

section 26 [notice of proposed property disposition] of the Community Charter .

Section 341 is repealed and the following substituted:

Notice to corporate officer

341 The Attorney General must also transmit to

the corporate officer of the municipality or regional district in which the

land affected is located one of the blue print copies of the plan and a copy

of the report, together with a notice stating that the special survey has been

completed and the plan deposited by the surveyor under this Part.

Section 373.5 is amended

(

a) in subsection (1) by striking out "land title office."

and substituting "land title office, and the registrar must register

an indefeasible title of the land in the name of the Nisga'a Nation." ,

and

(

b) in subsection (2) by striking out "land title office."

and substituting "land title office, and the registrar must register

an indefeasible title of the land in the name of the Nisga'a Village."

Section 385 (3) (

d) is repealed and the following substituted:

(

d) by a municipality or regional district .

Libel and Slander Act

Section 8 of the Libel and Slander Act, R.S.B.C. 1996, c.

263, is amended by striking out "municipal" and substituting "local

government" .

Library Act

Section 1 of the Library Act, R.S.B.C. 1996, c. 264, is amended

(

a) by repealing the definition of "municipality" , and

(

b) by repealing the definition of "newspaper" and

substituting the following:

"newspaper" has the meaning it has in the Community

Charter ; .

Section 3 (3) is repealed.

Section 13 (1) and (2) is repealed and the following substituted:

(1) A municipal council may only abolish a municipal library by bylaw adopted with the assent of the electors.

(2) On adoption of a bylaw under subsection (1), the library board is dissolved.

Section 24 (1) is amended by striking out "the Local

Government Act ." and substituting "the Community Charter ."

Section 29 (1) and (3) are repealed and the following substituted:

(1) A municipality or regional district may withdraw from a regional library district only by bylaw adopted with the assent of the electors.

(3) If a bylaw under subsection (1) is adopted, the municipality or regional district must send a copy of the bylaw to the minister for presentation to the Lieutenant Governor in Council.

Section 35 (2) is repealed and the following substituted:

(2) A local government that provides assistance to the public library association by way of a grant may

(

a) appoint a representative from the council or from the directors of the participating areas to be a member of the library board for the financial year in which the grant or contribution is made, and

(

b) dismiss the appointee, with or without cause, and appoint another.

Local Government Act

Part 1 of the Local Government Act, R.S.B.C. 1996, c. 323,

is repealed and the following substituted:

Part 1 – Purposes, Principles and

Interpretation

Purposes of this Act

1 The purposes of this Act are

(

a) to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities,

(

b) to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and

(

c) to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities.

Purposes of regional districts

2 Recognizing that regional districts are an independent,

responsible and accountable order of government within their jurisdiction, the

purposes of a regional district include

(

a) providing good government for its community,

(

b) providing the services and other things that the board considers are necessary or desirable for all or part of its community,

(

c) providing for stewardship of the public assets of its community, and

(

d) fostering the current and future economic, social and environmental well-being of its community.

Principles for governmental relations

3 The relationship between regional districts

and the Provincial government in relation to this Act is based on the following

principles:

(

a) cooperative relations between the Provincial government and regional districts are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia;

(

b) regional districts need the powers that allow them to draw on the resources required to fulfill their responsibilities;

(

c) notice and consultation is needed for Provincial government actions that directly affect regional district interests;

(

d) the Provincial government recognizes that different regional districts and their communities have different needs and circumstances and so may require different approaches;

(

e) the independence of regional districts is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally.

Broad

interpretation

(1) The powers conferred on regional districts

and their boards by or under this Act must be interpreted broadly in accordance

with the purposes of this Act and in accordance with regional district purposes.

(2) If

(

a) an enactment confers a specific power on a regional district or board in relation to a matter, and

(

b) the specific power can be read as coming within a general power conferred by or under this Act,

the general power must not be interpreted as being limited by that specific power, but that aspect of the general power that encompasses the specific power may only be exercised subject to any conditions and restrictions established in relation to the specific power.

Part 1.1 is repealed and the following sections are added

Part 1:

Definitions

5 In this Act:

"alternative approval process" means, in relation to a regional district, approval of the electors obtained in accordance with

section 86 [alternative approval process] of the Community Charter as it applies under

section 797.5 [approval of the electors] of this Act;

"approval of the electors" means, in relation to a regional district, approval in accordance with

section 797.5 [approval of the electors] ;

"approving officer" means an approving officer as defined in the Land Title Act ;

"assent of the electors" means, in relation to a regional district, assent of the electors in accordance with

section 85 [assent of the electors] of the Community Charter as it applies under

section 797.5 [approval of the electors] of this Act;

"assessment roll" means, in relation to a tax under

Part 23 [Improvement Districts] , an assessment roll under Division 3 [Taxes and Cost Recovery] of that Part;

"board" means, in relation to a regional district, the board of directors for the regional district;

"board committee" means

(

a) a select committee of a board,

(

b) a standing committee of a board, or

(

c) any other body established by a board that is composed solely of board members;

"building inspector" means, in relation to a regional district, an individual designated by the board as a building inspector for the regional district;

"chair" means the chair of a board who is elected under

section 792 [chair and vice chair of board] ;

"conservation" includes, in relation to heritage, any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;

"corporate officer" means,

(

a) in relation to a regional district, the regional district officer assigned responsibility under

section 198 [corporate administration] , and

(

b) in relation to the City of Vancouver, the City Clerk

under

section 220 of the Vancouver Charter ;

"designated local government officer" means the designated municipal officer or designated regional district officer, as applicable;

"designated regional district officer" means

(

a) the regional district officer assigned responsibility under

section 196 [officer positions] in relation to the matter, or

(

b) if no assignment referred to in paragraph (

a) has been made, the regional district corporate officer;

"director" means, in relation to a regional district, a member of the board, whether as a municipal director under

section 784 [municipal directors] or as an electoral area director under

section 785 [electoral area directors] ;

"district municipality" includes a township;

"elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area;

"electoral area" means an electoral area in a regional district as specified by the letters patent for the regional district;

"electoral area director" means a director for an electoral area who is elected or appointed under

section 785 [electoral area directors] from an electoral area;

"electoral participating area" means an area that is in a service area and that is all or part of an electoral area;

"establishing bylaw" means an establishing bylaw, under

section 800 [establishing bylaws required for most services] , for a regional district service;

"financial officer" means

(

a) in relation to a regional district, the regional district officer assigned responsibility under

section 199 [financial administration] , and

(

b) in relation to the City of Vancouver, the City Treasurer

under

section 226 of the Vancouver Charter ;

"francophone education authority" means a francophone education authority as defined in the School Act ;

"general bylaw" means, in relation to a regional district, a bylaw referred to in

section 138 [municipal codes and other general bylaws] of the Community Charter as it applies under

section 794 (6) [procedure, bylaws and enforcement] of this Act;

"general local election" means the elections referred to in

section 36 (1) [elections for council members and electoral area directors] ;

"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;

"heritage property" means property that

(

a) in the opinion of a body or person authorized to exercise a power under this Act or the Community Charter in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or

(

b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, scientific or educational worth or usefulness of property or an area;

"improvement district" means an improvement district, including a mountain resort improvement district, incorporated under this or any other Act;

"letters patent" includes supplementary letters patent;

"loan authorization bylaw" means, in relation to a regional district, a loan authorization bylaw under

section 179 of the Community Charter as it applies under

section 819 [application of Community Charter borrowing and liability provisions] of this Act;

"local government" means

(

a) the council of a municipality, and

(

b) the board of a regional district;

"local government offices" means,

(

a) in relation to a municipality, the municipal hall, and

(

b) in relation to a regional district, the regional district offices;

"local trust committee" means a local trust committee

within the meaning of the Islands Trust Act ;

"manage" , with respect to land, improvements, personal property or other property, includes conserve, use, develop, construct, improve, operate, administer and maintain, as applicable;

"mountain resort improvement district" means a mountain resort improvement district incorporated under

section 732 [incorporation of mountain resort improvement districts] ;

"mountain resort municipality" means a mountain resort municipality incorporated under

section 11 [incorporation of mountain resort municipality] ;

"municipal director" means a director for a municipality who is appointed under

section 784 [municipal directors] ;

"municipality" means, in relation to a regional district, a municipality in the regional district and, in the case of the Greater Vancouver Regional District, includes the City of Vancouver;

"municipal participating area" means an area that is in a service area and that is all or part of a municipality;

"non-resident property elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications for registration, in relation to the jurisdiction, as a non-resident property elector under

section 51 [non-resident property electors] ;

"official community plan" means an official community plan adopted under

section 876 [authority to adopt by bylaw] ;

"participant" means,

(

a) in relation to a municipal participating area, the council of the municipality, and

(

b) in relation to an electoral participating area, the director of the electoral area;

"participating area" means a municipal participating area or an electoral participating area, as applicable;

"partnering agreement" means, in relation to a regional district, an agreement between the regional district and a person or public authority under which the person or public authority agrees to provide a service on behalf of the regional district, other than a service referred to in

section 800 (2) (

a) and (b) [regional district general and electoral area administrative services] ;

"protected heritage property" means property that is

(

a) protected under

section 13 (2) of the Heritage Conservation Act ,

(

b) included under

section 970.1 (3) (b) [designation of heritage conservation areas] in a

schedule to an official community plan, or

(

c) designated as protected under bylaws made under

section 967 [heritage designation protection] ;

"regional district" means, as applicable,

(

a) a regional district incorporated under this Act, or

(

b) the geographic area of a regional district corporation referred to in paragraph (a);

"regional district offices" means the location of the regular office of the corporate officer for the regional district;

"regional growth strategy" means a regional growth strategy under

Part 25;

"regional park" means a park set aside and dedicated as a park under the Park (Regional) Act and continued under this Act or a park dedicated by a regional district under this Act;

"regional trail" means a footpath, pathway, trail or area of land dedicated as a regional trail under the Park (Regional) Act and continued under this Act or a trail dedicated by a regional district under this Act;

"regulatory service" means, in relation to a regional district, the exercise of a regulatory authority conferred on a regional district by or under this or another Act, other than the exercise of regulatory authority under

Part 15 [Specific Regional District Service Powers] ,

section 796 (4) and (5) [general authority for services] or

section 796.2 [general authorities in relation to services] ;

"requisition" means a requisition under

section 805 [requisition of funds from municipalities] or 806 [requisition of funds for electoral areas] ;

"reserve fund" means, in relation to a regional district, a reserve fund under Division 4 [Reserve Funds] of

Part 6 of the Community Charter as it applies under

section 814 [general accounting rules] of this Act;

"resident elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications for registration, in relation to the jurisdiction, as a resident elector under

section 50 [resident electors] ;

"rural land use bylaw" means a bylaw referred to in

section 873.1 [rural land use bylaws] ;

"security issuing bylaw" means a security issuing bylaw under

section 825 [security issuing bylaws] ;

"service" means, in relation to a regional district,

(

a) an activity, work or facility undertaken or provided by or on behalf of the regional district and the exercise of regulatory authority under

Part 15 [Specific Regional District Service Powers] ,

section 796 (4) and (5) [general authority for services] or

section 796.2 [general authorities in relation to services] in relation to such an activity, work or facility, and

(

b) a regulatory service;

"service area" means, in relation to a regional district, the area in which a service is provided, being comprised of the participating areas for the service;

"subdivision servicing bylaw" means a bylaw under

section 938 [subdivision servicing requirements] ;

"trust council" means the trust council within the meaning of the Islands Trust Act ;

"vice chair" means the vice chair of a board who is elected under

section 792 [chair and vice chair of board] ;

"zoning bylaw" means a bylaw under

section 903 [zoning bylaws] .

Application of Community Charter

definitions

5.1 Unless a term is otherwise defined in this

Act or a contrary intention appears in this Act, the

definitions in the Community

Charter apply to this Act.

References to regional district officers

6.1 Words in an enactment referring to a regional

district officer, by name of office or otherwise, also apply to

(

a) the officer's deputy, and

(

b) any person designated by the board to act in the officer's place.

Special rule for Mountain Time Zone

6.2 In those areas of British Columbia in which

Mountain Standard Time or Mountain Daylight Time is customarily used,

section

25 (7) [calculation of time] of the

Interpretation Act does not apply

and instead a reference to a specified time of the day is a reference to Mountain

Standard Time or Mountain Daylight Time, as applicable.

How notices must be published in a newspaper

6.4 If this Act requires that notice be given

by publication in a newspaper, the notice must be published in accordance with

section 94 (1) (b) [requirements for public notice] of the Community

Charter .

Giving notice to regional districts

6.5 If an enactment requires or permits

(

a) notice to be given to a board or a regional district,

(

b) a document to be served on a board or a regional district,

(

c) a document to be filed with a board or a regional district, or

(

d) a document to be delivered, sent, submitted or otherwise provided to a board or a regional district,

the notice, service, filing or other provision is effected if the notice or document is, as applicable, given to, served on, filed with or otherwise provided to the regional district corporate officer.

Power to make regulations

6.6

(1) The Lieutenant Governor in Council may

make regulations referred to in

section 41 [powers to make regulations]

of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting any matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.

(3) In addition to any other variation authority that is specifically provided, a regulation that may be made by the Lieutenant Governor in Council or a minister under any provision of this Act, or of the Community Charter as it is made applicable under this Act, may

(

a) establish different classes of bylaws, municipalities, regional districts, other bodies governed by this Act, persons, property, circumstances and other matters,

(

b) make different provisions, including exceptions, for different classes referred to in paragraph (a), and

(

c) make different provisions, including exceptions, for different bylaws, different municipalities, different regional districts, different bodies governed by this Act, different parts of municipalities or regional districts, different areas or different parts of areas of other bodies governed by this Act and different circumstances and other matters.

Section 7 (2) is amended by striking out "or"

at the end of paragraph (

a) and by adding the following paragraph:

(a.1) in the case of an area to which

section 279 [no

forced amalgamations] of the Community Charter applies, the requirements

of that

section have been met, or .

Section 8 is amended by adding the following subsection:

(1.1) If

section 279 [no forced amalgamations]

of the Community Charter applies, the vote under this

section must be

conducted separately in each of the existing municipalities.

Section 13 is amended

(

a) in subsection (2) (

c) by striking out "this Act" and

substituting "the Community Charter ;" .

(

b) by repealing subsection (3) (

a) and substituting the following:

(

a) provide that sections 174 (2) to (4) [limit on borrowing

and other liabilities] , 180 [elector approval required for some loan authorization

bylaws] and 211 (1) [requirements for establishing a local area service] of

the Community Charter do not apply, but that the inspector may direct

that the approval of the electors or the assent of the electors be obtained

in relation to the proposed bylaw; , and

(

c) by repealing subsections (6) and (7) and substituting the following:

(6) Letters patent incorporating a municipality, or supplementary letters patent extending a municipality, may define an area as a local service area for a designated service and, if this is done, Division 5 [Local Service Taxes] of

Part 7 of the Community Charter applies as if the service had been established as a local area service under that Division.

Section 14 is amended

(

a) by repealing subsection (2) (

a) and substituting the following:

(

a) from the date specified, the full cost of the work

or service is to be charged against the remaining area of the municipality as

if it were a local service area under Division 5 [Local Service Taxes]

Part 7 of the Community Charter , and , and

(

b) in subsection (3) by striking out "this Act" and substituting

"the Community Charter" .

Section 17 (1) (

d) is amended by striking out "as

a district" and substituting "as a district municipality" .

Section 18 (1) and (2) is repealed and the following substituted:

(1) On request of the council, the Lieutenant Governor in Council may repeal the letters patent of a municipality and issue others in their place reincorporating the municipality as a village, town, city or district municipality in accordance with

section 17 (1) [classification of municipalities] .

(2) A council may make a request under subsection (1) only after it has obtained the approval of the electors in relation to the proposed change in classification.

Section 19 is repealed.

Section 22 (1) is amended by striking out "this Act"

and substituting "this Act and the Community Charter " .

Section 25 is repealed.

Section 26 (3) (

k) is repealed and the following substituted:

(

k) a statement under oath by the mayor, jointly with

the corporate officer and the financial officer, showing the existing liabilities

of the municipality and any other information the Lieutenant Governor in Council

may require; .

Section 37 (1) to (3) and (7) are repealed and the following

substituted:

(1) Subject to this section, an election must be held to fill a vacancy in an elected local government office that occurs in any of the following circumstances:

(

a) the person elected or appointed to the office dies before taking office;

(

b) the office is declared vacant on an application under

section 143 [application to court] , or a candidate affected by the application renounces claim to the office under subsection (9) of that section;

(

c) the person holding the office dies;

(

d) the person holding the office resigns from office;

(

e) the office becomes vacant under Division 7 [Disqualification] of

Part 4 of the Community Charter as it applies in relation to that office.

(2) A local government may decide that a by-election is not to be held if the vacancy occurs after July 1 in the year of a general local election that will fill the office.

(3) In addition to the authority under subsection (2), a council may decide that a by-election is not to be held if all the following circumstances apply:

(

a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;

(

b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;

(

c) the number of remaining council members is at least one greater than the quorum for the council, as set under

section 129 (1) [quorum for conducting business] of the Community Charter .

(7) A person elected in a by-election holds office until the end of the term of the office in respect of which the election was held.

Section 39 (1) is repealed and the following substituted:

(1) Unless otherwise provided, in order for a bylaw under

(

a) this Part,

(

b) section 551 [regulation of signs and advertising] , or

(c)

section 8 (4) [fundamental powers – signs and advertising] of the Community Charter

to apply in relation to a general local election, the bylaw must be adopted at least 8 weeks before the first day of the nomination period of the general local election.

Section 66 (2) (

d) is repealed and the following substituted:

(

d) a person who is disqualified under

section 92 [failure to file disclosure statement] , or

section 92.4 [disqualification for false or incomplete reports] ;

(d.1) a person who is disqualified under Division 7 [Disqualification] of

Part 4 of the Community Charter ;

(d.2) a person who is disqualified under

section 141

[circumstances in which a person is disqualified from Council] of the

Vancouver Charter ; .

Section 67 is amended

(

a) in subsection (5) (b) (iii) by striking out "under

section

211 [disqualification for failure to take oath] ," and substituting "for

a failure to take the oath of office within the time specified by an enactment

that applies to the person," , and

(

b) in subsection (8) by striking out "under

section 210" .

Section 68 (3) is amended by striking out "in accordance

with

section 212" .

Section 137 (1) is amended by striking out "under

section 210" .

180 The heading to

Part 4 is repealed and the following substituted:

Part 4 – Other Voting .

Section 158 (1) (

c) is repealed and the following substituted:

(

c) voting on a referendum under

section 797.3 [referendums regarding regional district services] .

Section 159 (3) is repealed.

Section 160 is repealed.

Section 162 (2) (

b) is repealed and the following substituted:

(

b) in the case of a bylaw or other matter for which

an alternative approval process was provided, not more than 80 days after the

deadline for receiving elector responses under

section 86 [alternative approval

process] of the Community Charter ; .

185 Division 5 of

Part 4 is repealed.

186 The heading to

Part 5 is repealed and the following substituted:

Part 5 – Regional District Corporate Powers and Their Use .

187 Division 1 of

Part 5 is repealed and the following substituted:

Division 1 – Regional District Corporate Status

Regional district corporations

173 Each regional district is a corporation.

Board is governing body

(1) The governing body of a regional district

is its board.

(2) The powers, duties and functions of a regional district are to be exercised and performed by its board unless this or any other Act provides otherwise.

(3) A board, in exercising or performing the powers, duties and functions conferred on it by an enactment, is acting as the governing body of the regional district.

(4) Despite any change in its membership, the board of a regional district is a continuing body and may complete any proceedings started but not completed before the change.

Area of jurisdiction

175 A board may only exercise or perform its powers,

duties and functions within the boundaries of the regional district unless authorized

by or under this or another Act.

Section 176 is repealed and the following substituted:

Corporate powers

(1) Subject to the specific limitations and

conditions established by or under this or another Act, the corporate powers

of a board include the following:

(

a) to make agreements respecting

(

i) the regional district's services, including agreements respecting the undertaking, provision and operation of those services, other than the exercise of the board's regulatory authority,

(ii) operation and enforcement in relation to the board's exercise of its regulatory authority, and

(iii) the management of property or an interest in property held by the regional district;

(

b) to make agreements with a public authority respecting

(

i) activities, works or services within the powers of a party to the agreement, other than the exercise of regulatory authority, including agreements respecting the undertaking, provision and operation of activities, works and services,

(ii) operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and

(iii) the management of property or an interest in property held by a party to the agreement;

(

c) to provide assistance for the purpose of benefiting the community or any aspect of the community;

(

d) to acquire, hold, manage and dispose of land, improvements, personal property or other property, and any interest or right in or with respect to that property;

(

e) to delegate its powers, duties and functions, including those specifically established by an enactment, to its officers and employees, its committees or its members, or to other bodies established by the board;

(

f) to engage in commercial, industrial and business undertakings and incorporate a corporation or acquire shares in a corporation for that purpose;

(

g) to establish commissions to

(

i) operate regional district services,

(ii) undertake operation and enforcement in relation to the board's exercise of its regulatory authority, and

(iii) manage property or an interest in property held by the regional district.

(3) The powers of a board under subsection (1) may be exercised outside the boundaries of the regional district.

Section 177 is repealed and the following substituted:

Disclosure of information relating to agreements

(1) If an agreement is proposed or made in

relation to a matter that requires approval of the electors or assent of the

electors,

(

a) the agreement, and

(

b) all records relating to the agreement that are in the custody or under the control of the regional district

must be available for public inspection at the regional district offices during the time when the approval or assent process is underway.

(2) Subsection (1) does not apply to records that must not be disclosed under the Freedom of Information and Protection of Privacy Act .

(3) Notices under

(

a) section 164 [notice of other voting] , or

(b)

section 86 (2) [notice of alternative approval process] of the Community Charter

in relation to the agreement must state that the agreement and the records relating to it are available for public inspection in the regional district offices during their regular office hours.

190 Sections 178 and 179 are repealed.

191 Sections 180, 182 and 183 are amended by striking out "local

government" wherever it appears and substituting "board" .

Section 183.1 (1) and (2) is repealed and the following substituted:

(1) A board may provide assistance for one or more of the purposes referred to in

section 25 (2) [heritage assistance] of the Community Charter .

(2) A board may, by an affirmative vote of at least 2/3 of the votes cast, provide assistance for the conservation of property referred to in

section 25 (3) [heritage property assistance] of the Community Charter .

Section 184 is repealed and the following substituted:

Limitation on assistance by means of tax exemption

184 As a limitation on sections 176 (1) (

c) and 183, a board may provide a property tax exemption only in accordance with Division 4.4 [Tax Rates and Exemptions] of

Part 24.

Section 185 (1) is amended by striking out "local

government" and substituting "board" .

195 Sections 186 and 187 are amended

(

a) in subsection (1) by striking out "local government"

and substituting "board" , and

(

b) in subsection (2) (

c) by striking out "local government"

and substituting "regional district" .

Section 188 is amended

(

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

(1) Subject to subsections (2) and (3), all money received

by a regional district from the sale of land or improvements must be placed

to the credit of a reserve fund. ,

(

b) in subsection (2) by striking out "municipality or" ,

and

(

c) in subsection (3) by striking out "under

Part 13" .

Section 189 is repealed.

Section 190 (2) is repealed and the following substituted:

(2) The works may be disposed of only if

(

a) the works are no longer required for the purpose described,

(

b) the works are disposed of to a municipality in the regional district,

(

c) in the case of works referred to in subsection (1) (

a) or (

b) that are used by the regional district to provide a water or sewer service,

(

i) before the disposition occurs there is in effect an agreement under which the water or sewer service will continue for a period specified in the agreement, and

(ii) the intended disposition receives the assent of the electors, or

(

d) in the case of works not referred to in paragraph (c), the board has obtained the approval of the electors in relation to the proposed disposition.

199 Division 6 of

Part 5 is repealed and the following substituted:

Division 6 – Delegation of Board Authority

Limitations on delegation authority

(1) As a limitation on

section 176 (1) (e)

[corporate powers – delegation] , a board may not delegate the following:

(

a) the making of a bylaw;

(

b) a power or duty exercisable only by bylaw;

(

c) a power or duty to appoint, suspend or terminate a regional district officer;

(

d) a power or duty established by an enactment that the board hear an appeal or reconsider an action, decision or other matter;

(

e) a power or duty established by this or any other Act that the board give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter;

(

f) the power to impose a remedial action requirement

under Division 12 [Remedial Action Requirements] of

Part 3 of the Community

Charter .

(2) The authority under

section 176 (1) (e) [corporate powers – delegation] does not include authority to delegate to a corporation.

How delegation must occur

(1) Subject to

section 193, a board may delegate

a power, duty or function only by bylaw adopted by an affirmative vote of at

least 2/3 of the votes cast.

(2) A board may, by bylaw adopted by a majority of votes cast, amend or repeal a bylaw referred to in subsection (1) to reduce or revoke the delegation.

Delegation of hearings

(1) This

section applies to the delegation

(

a) board hearings that are required by law or authorized by an enactment, other than hearings referred to in

section 191 (1) (d), and

(

b) board proceedings in which a person is entitled under this Act to make representations to the board.

(2) The following rules apply in relation to a delegation referred to in subsection (1):

(

a) the delegation may be made specifically, by class of hearings or proceedings, or generally;

(

b) the delegation may only be made to one or more directors;

(

c) if a board decision is to be made following a delegated hearing or proceeding, the authority to make the decision may only be delegated to the directors to whom the matter is delegated;

(

d) if a board decision referred to in paragraph (

c) is not delegated under that provision, the board must not make the decision until the applicable directors report to the board the views expressed at the hearing or proceeding.

(3) As an exception to

section 192 (1), a board may delegate the holding of a hearing by bylaw or resolution adopted by a majority of votes cast.

(4) For certainty, if a delegation has been made under this section, the board may exercise its authority under this

section to revoke that delegation or change the delegation to a different delegation in relation to a specific hearing or proceeding.

Reconsideration of delegate's decisions

(1) If

(

a) a board delegates a power to make a decision, and

(

b) in relation to that delegation, an enactment establishes a right to have a delegated decision reconsidered by the board,

the board must, by bylaw, establish procedures for such a reconsideration, including how a person may apply for the reconsideration.

(2) In undertaking a reconsideration referred to in subsection (1), a board has the same authority as that conferred on the delegate.

(3) If there is a right of reconsideration, the person making the decision must advise the person subject to the decision of this right.

Section 195 is repealed and the following substituted:

Incorporation of corporations

(1) A regional district may only

(

a) incorporate a corporation other than a society, or

(

b) acquire shares in a corporation

with the approval of the inspector or as authorized by regulation.

(2) An incorporation or acquisition under subsection (1) applies as an exception to the restriction under

section 183 [investment of municipal funds] of the Community Charter as it applies under

section 814 of this Act.

201 The heading to

Part 5.1 is repealed and the following substituted:

Part 5.1 – Regional District Officers and Employees .

202 Division 1 of

Part 5.1 is repealed and the following substituted:

Division 1 – Officer Positions

Officer positions

(1) A board

(

a) must, by bylaw, establish officer positions in relation to the powers, duties and functions under sections 198 [corporate administration] and 199 [financial administration] , with titles it considers appropriate,

(

b) may, by bylaw, establish other officer positions for its regional district, with titles it considers appropriate, and

(

c) may, by bylaw or resolution, assign powers, duties and functions to those officer positions.

(2) For certainty,

(

a) a board may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and

(

b) the same person may be appointed to 2 or more officer positions.

Chief administrative officer

197 One of the officer positions established under

section 196 may be assigned the chief administrative responsibility, which includes

the following powers, duties and functions:

(

a) overall management of the administrative operations of the regional district;

(

b) ensuring that the policies and directions of the board are implemented;

(

c) advising and informing the board on the operation and affairs of the regional district.

Corporate administration

198 One of the officer positions established under

section 196 must be assigned the responsibility of corporate administration,

which includes the following powers, duties and functions:

(

a) ensuring that accurate minutes of the meetings of the board and board committees are prepared and that the minutes, bylaws and other records of the business of the board and board committees are maintained and kept safe;

(

b) ensuring that access is provided to records of the board and board committees, as required by law or authorized by the board;

(

c) certifying copies of bylaws and other documents, as required or requested;

(

d) administering oaths and taking affirmations, declarations and affidavits required to be taken under this or any other Act relating to regional districts;

(

e) accepting, on behalf of the board or regional district, notices and documents that are required or permitted to be given to, served on, filed with or otherwise provided to the board or regional district;

(

f) keeping the corporate seal, if any, and having it affixed to documents as required.

Financial administration

199 One of the officer positions established under

section 196 must be assigned the responsibility of financial administration,

which includes the following powers, duties and functions:

(

a) receiving all money paid to the regional district;

(

b) ensuring the keeping of all funds and securities of the regional district;

(

c) expending and disbursing money in the manner authorized by the board;

(

d) investing funds, until required, in authorized investments;

(

e) ensuring that accurate records and full accounts of the financial affairs of the regional district are prepared, maintained and kept safe;

(

f) exercising control and supervision over all other financial affairs of the regional district.

203 The heading to Division 2 of

Part 5.1 is repealed and the

following substituted:

Division 2 – Regional District Officers and Employees Generally .

Section 200 (1) is amended

(

a) by striking out "a local government" and substituting

"a board" , and

(

b) in paragraph (

a) by striking out "its municipality or regional

district," and substituting "the regional district," .

205 Sections 201 to 203 are repealed and the following substituted:

Oath of office for officers

201 Before taking on the duties of office, a person

appointed to an officer position for a regional district must swear or affirm

an oath of office in the form prescribed by regulation or established by bylaw.

Termination of officer

(1) Subject to a contract of employment and

subject to providing the officer with an opportunity to be heard, the appointment

of a regional district officer may be terminated by the board as follows:

(

a) in the case of termination for cause, by immediate termination without any period of notice;

(

b) in any other case, by termination on reasonable notice.

(2) A termination under subsection (1) (

b) may only be made by the affirmative vote of at least 2/3 of all directors.

Employers' organization

203 A board may, by an affirmative vote of at

least 2/3 of the votes cast, provide for the inclusion of its regional district

in an employers' organization under the Labour Relations Code .

Section 204 (1) (

b) is repealed and the following substituted:

(

b) one must be nominated by the Local Government Management

Association of British Columbia, and .

207 The heading of

Part 5.2 and the heading of Division 1 of

Part

5.2 are repealed and the following substituted:

Part 5.2 – Regional District Boards and Their Proceedings

Division 1 – Board Members .

208 Sections 207 to 209 are repealed.

Section 210 is repealed and the following substituted:

Oath of office for board members

(1) A person elected or appointed to office

on a board must make a prescribed oath of office, by oath or solemn affirmation,

within the following applicable time limit:

(

a) in the case of an electoral area director elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;

(

b) in the case of an electoral area director elected by voting, within 45 days after the declaration of the results of the election;

(

c) in the case of a person appointed to an electoral area under

section 78 [appointment if an insufficient number of candidates are elected] , within 45 days after the effective date of the appointment;

(

d) in the case of a person appointed as municipal director, within 45 days after the effective date of the appointment;

(

e) in the case of a person appointed as alternate director, within 45 days after the effective date of the appointment or the first board meeting or board committee meeting at which the person acts in that capacity, whichever is latest.

(2) The oath or solemn affirmation must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia, the regional district corporate officer or the chief election officer, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.

(3) A person takes office on a board

(

a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the regional district corporate officer, or

(

b) at any later time that the person produces the completed oath or certificate to that officer.

(4) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.

(5) A person taking office on a board may also make an oath of allegiance.

(6) Once a board member takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.

Section 211 is repealed.

Section 212 is repealed and the following substituted:

Resignation from office

(1) A board member may resign from office

only by delivering a written resignation to the regional district corporate

officer.

(2) A resignation becomes effective when it is received by the corporate officer, even if a later date is set out in the resignation, and may not be revoked after the time it is received.

(3) The corporate officer must notify the board of a resignation at the next meeting of the board after the resignation is received or, if there are no other board members, the corporate officer must notify the minister.

212 Sections 213 and 214 are repealed.

213 The heading of Division 2 of

Part 5.2 is repealed and the

following substituted:

Division 2 – Chair .

214 Sections 218 and 219 are repealed and the following substituted:

Powers and duties of chair

(1) The chair is the head and chief executive

officer of the regional district.

(2) In addition to the chair's powers and duties as a board member, the chair has the following duties:

(

a) to see that the law is carried out for the improvement and good government of the regional district;

(

b) to communicate information to the board and to recommend bylaws, resolutions and measures that, in the chair's opinion, may assist the peace, order and good government of the regional district in relation to the powers conferred on the board by an enactment;

(

c) to inspect and direct the conduct of officers and employees, to direct the management of regional district business and affairs and, if considered necessary, to suspend an officer or employee;

(

d) so far as the chair's power extends, to see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished.

(3) Every suspension of an officer or employee by the chair under this

section must be reported to the board at the next meeting of the board, and the board may

(

a) reinstate the officer or employee,

(

b) confirm the suspension,

(

c) confirm and extend the suspension, or

(

d) dismiss the officer or employee.

Chair may require board reconsideration of a matter

(1) The chair of a regional district has the

same authority as a mayor under

section 131 [mayor may require council reconsideration

of a matter] of the Community Charter .

(2) In exercising the power under subsection (1), the chair may return the matter for reconsideration at the meeting of the board following the original vote, whether or not this is within the 30 day period referred to in

section 131 (2) of the Community Charter .

215 Sections 220 and 221 are repealed.

216 The heading of Division 3 of

Part 5.2 is repealed and the

following substituted:

Division 3 – Board Meetings .

Section 222 is repealed.

Section 222.1 is repealed and the following substituted:

Regular and special board meetings

222.1

(1) A board must meet

(

a) regularly in accordance with its bylaw under

section 794 [procedure, bylaws and enforcement] , and

(

b) as it decides and as provided in this Act.

(2) A special board meeting is a board meeting other than a statutory, regular or adjourned meeting.

(3) If permitted under subsection (5), a board meeting may be conducted by means of electronic or other communications facilities.

(4) Members of the board who are participating under this

section in a meeting conducted in accordance with subsection (3) are deemed to be present at the meeting.

(5) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (3) and prescribing conditions, limits and requirements respecting such meetings.

219 Sections 223 and 224 are repealed.

220 Sections 227 is repealed and the following substituted:

Proceedings at board meetings

(1) The chair, if present, must preside at

board meetings.

(2) Section 132 [authority of presiding member] of the Community Charter applies to regional districts, except that a reference to

section 123 of the Community Charter in that

section is to be read as a reference to

section 791 [voting on resolutions and bylaws] of this Act.

221 Sections 228 to 231 are repealed.

222 The heading of Division 4 of

Part 5.2 is repealed and the

following substituted:

Division 4 – Board Proceedings .

223 Sections 232 to 235 are repealed.

224 Sections 236 and 237 are repealed and the following substituted:

Minutes of board meetings

(1) Minutes of board meetings must be

(

a) legibly recorded,

(

b) certified as correct by the designated regional district officer,

(

c) signed by the chair or other member presiding at the meeting or at the next meeting at which they are adopted, and

(

d) open for public inspection at the regional district offices during their regular office hours.

(2) Subsection (1) (

d) does not apply to minutes of a board meeting or part of a board meeting that is closed to the public under

section 90 [meetings that may or must be closed to the public] of the Community Charter as it applies under

section 793 (7) of this Act.

Minutes of board committee meetings

237 Minutes of a board committee meetings must

(

a) legibly recorded,

(

b) signed by the chair or member presiding at the meeting, and

(

c) open for public inspection as provided for board minutes under

section 213.

225 Sections 238 to 241 are repealed.

226 Divisions 4.1 and 5 of

Part 5.2 are repealed.

227 The heading to

Part 6 is repealed and the following substituted:

Part 6 – Challenge and Enforcement of Bylaws .

228 Division 1 of

Part 6 is repealed.

Section 262 is amended

(

a) in subsection (2) by striking out "to a regional district

or" ,

(

b) by repealing subsection (3) (a),

(

c) in subsection (3) (

c) by adding "subject to subsection (3.1),"

before "in any other case" , and

(

d) by adding the following subsection:

(3.1) Notice of an application to set aside a security issuing bylaw of a regional district, stating the grounds of the application, must be served on the regional district at least 5 days before the hearing and not more than 10 days after the adoption of the bylaw.

230 Divisions 3 to 5 of

Part 6 are repealed and the following

substituted:

Division 3 – Enforcement of Regional District Bylaws

Fines and penalties

(1) A board may make bylaws for

(

a) the purposes of enforcing the bylaws of the regional district by fine, by imprisonment or both, and

(

b) imposing fines, penalties and costs.

(2) Section 261 [payment of fines and other penalties] of the Community Charter applies to regional districts.

Ticketing for bylaw offences

266.1

(1) Division 3 [Ticketing for Bylaw Offences]

Part 8 of the Community Charter applies to regional districts.

(2) For the purpose of subsection (1), a reference in

section 265 [penalties in relation to ticket offences] of the Community Charter to a bylaw is to be read as a reference to a bylaw under

section 266 (1) of this Act.

Bylaw contraventions – offences and penalties

(1) If a bylaw establishes a regulation or

requirement to be observed in a regional district, a person who contravenes

the regulation or requirement commits an offence that is punishable in the same

manner as if the bylaw had expressly forbidden persons from doing or refraining

from doing the act.

(2) In a prosecution for an offence against a regional district bylaw, the justice or court may impose all or part of the penalty or punishment authorized by the bylaw, this Act or the Offence Act , together with the costs of prosecution.

(3) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justice or court may, by order, authorize all or part of the penalty and costs to be levied by distress and sale of the offender's goods and chattels.

(4) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the justice or court may commit the offender to imprisonment for the term, or part of the term, specified in the bylaw.

Inspections to determine whether bylaws are being followed

268 If a board has authority to regulate, prohibit

and impose requirements in relation to a matter, the board may, by bylaw, authorize

officers, employees and agents of the regional district to enter, at all reasonable

times, on any property to inspect and determine whether all regulations, prohibitions

and requirements are being met.

Regional district action at defaulter's expense

(1) The authority of a board under this or

another Act to require that something be done includes the authority to direct

that, if a person subject to the requirement fails to take the required action,

the regional district may

(

a) fulfill the requirement at the expense of the person, and

(

b) recover the costs incurred from that person as a debt.

(2) Section 363.1 [special fees and charges that are to be collected as taxes] applies to an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements.

231 The heading to Division 1 of

Part 7 is repealed and the following

substituted:

Division 1 – Proceedings by Regional Districts .

232 Sections 281 and 282 are repealed and the following substituted:

Enforcement by civil proceedings

281 Division 4 [Enforcement by Civil Proceedings]

Part 8 of the Community Charter applies to regional districts.

Section 283 (1) is amended by striking out "municipality. "

and substituting "regional district."

Section 284 is amended by striking out "A council"

and substituting "A board" .

Section 287 (1) (

d) and (

q) is repealed and the following

substituted:

(

d) a member of a commission established under

section

176 (1) (g) [corporate powers] of this Act or

section 143 [municipal

commissions] of the Community Charter ;

(d.1) a member of a library board under the Library Act ;

(

q) a member of a municipal committee, of a board committee, or of a committee under

section 740.1 [appointment of select and standing committees] who is not also a member of the council, board or board of trustees, as applicable.

Section 287.1 is repealed and the following substituted:

Defence for financial officer

287.1 It is a good defence to any action brought

against the local government financial officer for unlawful expenditure of local

government funds if it is proved that the individual gave a written and signed

warning to the council or board that, in his or her opinion, the expenditure

would be unlawful.

Section 287.2 is repealed and the following substituted:

Indemnification against proceedings

287.2

(1) In this section:

"indemnification" means the payment of amounts required or incurred

(

a) to defend an action or prosecution brought against a person in connection with the exercise or intended exercise of the person's powers or the performance or intended performance of the person's duties or functions,

(

b) to satisfy a judgment, award or penalty imposed in an action or prosecution referred to in paragraph (a), or

(

c) in relation to an inquiry under

Part 2 of the Inquiry Act , or to another proceeding, that involves the administration of the municipality or the conduct of municipal business;

"municipal official" means

(

a) a current or former council member,

(

b) a current or former municipal officer or employee, or

(

c) a person who is or was a person referred to in

section 287 (1) [immunity for individual municipal public officers] , but only in relation to the exercise of powers or the performance of duties or functions for or on behalf of a municipality.

(2) A council may, do the following:

(

a) by bylaw, provide for the indemnification of municipal officials in accordance with the bylaw;

(

b) by resolution in a specific case, indemnify a municipal official.

(3) As a limit on indemnification under subsection (2), a council must not pay a fine that is imposed as a result of a municipal official's conviction for an offence that is not a strict or absolute liability offence.

(4) Sections 100 [disclosure of conflict] and 101 [restrictions on participation if in conflict] of the Community Charter do not apply to a council member who could be, or would be, indemnified under a bylaw or resolution under subsection (2).

(5) Subject to subsection (6), a council may not seek indemnity against a municipal official in respect of any conduct of the person that results in a claim for damages against the municipality.

(6) The restriction under subsection (5) does not apply if the court makes a finding in the action that the person has been guilty of dishonesty, gross negligence or malicious or willful misconduct.

(7) This

section applies to a greater board, the trust council under the Islands Trust Act , the Okanagan-Kootenay Sterile Insect Release Board or a library board under the Library Act in relation to any person referred to in

section 287 (1) [immunity for individual municipal public officers] , but only in relation to the exercise of powers or the performance of duties or functions for or on behalf of that corporation.

Section 289 is repealed and the following substituted:

Immunity in relation to failure to enforce building bylaws

289 A municipality or a member of its council,

a regional district or a member of its board, or an officer or employee of a

municipality or regional district, is not liable for any damages or other loss,

including economic loss, sustained by any person, or to the property of any

person, as a result of neglect or failure, for any reason, to enforce, by the

institution of a civil proceeding or a prosecution,

(

a) a regulation under

section 692 (1),

(

b) a bylaw under

Part 21, or

(

c) a bylaw under

section 8 (3) (l) [fundamental powers – buildings and other structures] of the Community Charter , or

(

d) a bylaw under Division 8 [Building Regulation]

Part 3 of the Community Charter .

Section 294 is amended by striking out "municipal

officer assigned responsibility under

section 198" and substituting "municipal

corporate officer" .

Section 295 (2) is repealed and the following substituted:

(2) A rate under subsection (1) must be established in the same manner as a rate under

section 197 (1) (a) [municipal property value taxes] of the Community Charter .

Section 296 (4) is repealed and the following substituted:

(4) After satisfying the execution and all fees on it, the sheriff must pay any surplus within 10 days after receiving it to the municipal financial officer, for the general purposes of the municipality.

Section 297 (1) is repealed and the following substituted:

(1) For all purposes connected with carrying into effect, or permitting or assisting the sheriff to carry into effect, the provisions of this Act for executions, the municipal corporate officer, the municipal financial officer and the collector are deemed to be officers of the court in which the writ was issued.

Section 299 is repealed.

Section 300 is repealed and the following substituted:

Self insurance by local authorities

(1) In this section, "local authority"

means a municipality, a regional district or an improvement district.

(2) A local authority may, with one or more other local authorities,

(

a) enter into a scheme of self insurance protection under

section 187 of the Financial Institutions Act or under the Insurance (Captive Company) Act , or

(

b) with the consent of the Superintendent of Financial Institutions, enter into a joint scheme of self insurance protection.

(3) For a regional district, a scheme under subsection (2) may have a single deductible for any number of services.

Section 301 is repealed.

Section 301.1 is amended by adding the following subsection:

(3) The authority to make regulations in subsection (2) applies to provisions of the Community Charter enacted in substitution for or replacement of provisions of this Part.

Section 301.11 is repealed.

248 The heading to

Part 8 is repealed and the following substituted:

Part 8 – Special Powers Relating to Property .

249 Division 1 of

Part 8 is repealed and the following substituted:

Division 1 – Reservation and Dedication of Regional District Property

Power to reserve and dedicate regional district land for public purpose

Section 30 [reservation and dedication

of municipal property] of the Community Charter applies to regional

districts.

Control of Crown land parks dedicated by subdivision

(1) If land outside a municipality is dedicated

to the public for the purpose of a park or a public square by a subdivision

plan deposited in the land title office, by which title is vested in the Crown,

the regional district in which it is located is entitled to possession and control

of the land for that purpose.

(2) If land referred to in subsection (1) was dedicated as referred to in that subsection before this Act came into force, the regional district is deemed to have had possession and control of it for that purpose from the date it was dedicated, and continues to have that possession and control.

Exchange of park land

(1) Section 27 [exchange or other disposal

of park land] of the Community Charter applies to land

(

a) referred to in

section 303 [Crown land parks dedicated by subdivision] ,

(

b) vested in a regional district under

section 936 (5) (a) [park land in place of development cost charges] , or

(

c) vested in a regional district under

section 941 (14) [park land in relation to subdivision] .

(2) All land taken in exchange under this

section is dedicated for the purpose of a park or public square and the title to it vests

(

a) in the case of land referred to in subsection (1) (a), in the Crown with right of possession and control in the regional district, and

(

b) in the case of land referred to in subsection (1) (

b) or (c), in the regional district.

(3) A transfer under this

section of land referred to in subsection (1) (

a) has effect as a Crown grant.

Section 307 is repealed and the following substituted:

Sale or lease of municipal forest reserve

(1) As a limitation on

section 8 (1) [natural

person powers] of the Community Charter , a council must not sell or lease

land set aside as a municipal forest reserve except as provided in this Division.

(2) A council may, by bylaw adopted with the approval of the electors, withdraw land from a municipal forest reserve.

(3) In addition to the information required by

section 86 (2) [alternative approval process – notice] of the Community Charter or

section 164 (3) [notice of other voting] of this Act, the notice in relation to approval of the electors under subsection (2) of this

section must

(

a) describe the purpose for which the council intends to withdraw the land from the municipal forest reserve, and

(

b) in the case of a sale of the land, state the price that is to be received.

(4) A council may, by bylaw adopted with the assent of the electors, lease for a term not longer than 99 years, all or part of a municipal forest reserve, subject to the following:

(

a) the agreement must make adequate provision for the protection of the municipal forest reserve on a sustained yield basis and for protection from fire;

(

b) the annual rental agreed on must be based on area and current values of the annual cutting;

(

c) the lessee must covenant to pay normal municipal taxes on the land, and on any structure erected or placed on the land either temporarily or permanently;

(

d) the agreement must be embodied in the bylaw.

Section 308 (1) is repealed and the following substituted:

(1) Without limiting

section 8 (1) [natural person powers] of the Community Charter , a council may cut, sell, remove or otherwise dispose of any timber or other products from a municipal forest reserve.

252 Division 3 of

Part 8 is repealed and the following substituted:

Division 3 – Expropriation and Compensation

Expropriation power

(1) For the purpose of exercising or performing

its powers, duties and functions, a regional district may expropriate real property

or works, or an interest in them, in accordance with the Expropriation Act .

(2) The power under subsection (1) also applies to property outside the regional district for the purposes of

(

a) a service provided by the regional district to an area outside the regional district, or

(

b) establishing and managing quarries, sand pits or gravel pits to acquire material for regional district works.

Authority in relation to services

(1) Without limiting

section 309 [expropriation

power] , a regional district may, for the purposes of one or more of its services,

enter on, break up, alter, take or enter into possession of and use real property.

(2) If a regional district exercises an authority to provide a service outside the regional district, the power under subsection (1) applies to property outside the regional district in relation to that service.

(3) The authority under this

section may be exercised without the consent of the owner of the property, subject to the restrictions established by

section 16 [authority to enter on or into property] of the Community Charter , as that

section applies under

section 314.1 [authority to enter on or into property] of this Act.

Entry on land to mitigate damage

(1) If a board considers that real property

may be injuriously affected by the exercise of a board power, the regional district

may enter on real property and undertake works of construction, maintenance

or repair in mitigation of injury done or anticipated, or in reduction of compensation.

(2) The authority under this

section may be exercised without the consent of the owner of the property, subject to the restrictions established by

section 16 [authority to enter on or into property] of the Community Charter , as that

section applies under

section 314.1 [authority to enter on or into property] of this Act.

Compensation for expropriation and other actions

(1) Unless expressly provided otherwise, if

a regional district expropriates real property or works under this or any other

enactment, compensation is payable to the owners, occupiers or other persons

interested in the property for any damages necessarily resulting from the exercise

of those powers beyond any benefit that the person claiming the compensation

may derive from the work resulting from the expropriation.

(2) If a regional district

(

a) exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and

(

b) exercises a power referred to in paragraph (

a) that does not constitute an expropriation within the meaning of the Expropriation Act ,

compensation is payable for any loss or damages caused by the exercise of the power.

(3) For the purposes of subsection (2), compensation must be paid as soon as reasonably possible in an amount set

(

a) by agreement between the person claiming the compensation and the regional district, or

(

b) if no agreement is reached, by the Expropriation Compensation Board.

253 Division 4 of

Part 8 is repealed and the following substituted:

Division 4 – Other Regional District Powers

Power to accept property on trust

(1) Without limiting

section 176 [corporate

powers] , a board may accept any property devised, bequeathed, conveyed or otherwise

transferred to the regional district, subject to any trusts on which the property

is transferred.

(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, a board may sell the property despite any limitations or restrictions in this Act.

(3) All money held by a regional district subject to a trust, until required for the purposes of the trust, must be invested in accordance with

section 183 [investment of municipal funds] of the Community Charter as that

section applies under

section 814 (3) of this Act.

(4) If, in the opinion of a board, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the regional district, the board may apply to the Supreme Court for an order under subsection (5).

(5) On an application under subsection (4), the Supreme Court may vary, by order, the terms or trusts that the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the regional district.

(6) Section 87 of the Trustee Act [discharge of trustee's duty] applies to an order under subsection (5).

Authority to enter on or into property

314.1 (1)

Section 16 (1) to (5) [authority to

enter on or into property] of the Community Charter applies in relation

to an authority under this or another Act for a regional district to enter on

property, except that a reference to subsection (6) (

a) of that

section is to

be read as a reference to

section 268 [inspections to determine whether bylaws

are being followed] of this Act.

(2) Without limiting the matters to which this

section applies, a regional district may enter on property for the purpose of taking action authorized under

section 269 [regional district action at defaulter's expense] .

Division 4.1 – Special Municipal Powers

Irrigation services

315.1

(1) If a municipal bylaw establishes

(

a) taxes or fees for the supply of water for irrigation, or

(

b) other terms on which the service may be supplied or used,

the bylaw overrides the terms of any agreement respecting the carriage or supply of water for irrigation entered into by a company or other person from whom the municipality has acquired a water licence or works.

(2) An extension to a system for supplying water for irrigation must not be made for the purpose of supplying water to other land if the extension will prejudicially affect the prior rights of any parties to the use of the water intended to be conveyed and distributed by the extension.

District municipality drainage works

315.2

(1) A district municipality may

(

a) collect the water from any highway by means of drains or ditches, and

(

b) convey the water to, and discharge the water in, the most convenient natural waterway or watercourse.

(2) A municipality proposing to construct drains or ditches authorized by subsection (1) must publish a notice in accordance with subsection (3) in a newspaper once a week for 4 consecutive weeks.

(3) The notice under subsection (2) must state that

(

a) the municipality intends to undertake the works,

(

b) plans and specifications of the works may be inspected at the municipal hall, and

(

c) all claims for damages or compensation arising out of the construction, maintenance, operation or use of the works must be filed with the municipality within one month from the date of the fourth publication of the notice.

(4) No person has a claim for damages or compensation arising out of or by reason of the construction, maintenance, operation or use of the drains or ditches unless the person has filed a claim referred to in subsection (3) (

c) within the time period established by that subsection.

(5) If the municipality proceeds with the works or a portion of them, every claim must be determined in accordance with Division 4 [Expropriation and Compensation] of

Part 3 of the Community Charter .

(6) If the construction of the drains or ditches is not started within one year from the date of the fourth publication of the notice under subsection (2), the construction must not proceed unless new notice is given in accordance with that subsection.

(7) No action arising out of, by reason of or in respect of the construction, maintenance, operation or use of a drain or ditch authorized by this section, whenever the drain or ditch is or was constructed, may be brought or maintained in a court against a district municipality.

(8) This

section does not restrict the powers of the municipality under this Act or another enactment and, in the case of a conflict, this

section prevails.

Division 4.2 – Other Powers

Further powers in relation to assets

315.3 The minister may confer on a local government

further powers to manage and dispose of assets, includ