British Columbia Bill 27 (Government) — 5th Parliament, 42nd Session — Previous Version 1

5-42 Gov Bill 27-1

British Columbia — Bills

5th Session, 42nd Parliament

(2024) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE RAVI KAHLON

MINISTER OF HOUSING

BILL 27 – 2024

MUNICIPALITIES ENABLING AND VALIDATING

(No. 5) AMENDMENT ACT, 2024

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

CLAUSE 1: [Municipalities Enabling and Validating Act (No. 5), heading to

Part 1] adds a heading to create a

Part 1.

1 The Municipalities Enabling and Validating Act (No. 5), S.B.C. 2023, c. 3, is amended by adding the following heading before

section 1:

Part 1 – 2023 .

CLAUSE 2: [Municipalities Enabling and Validating Act (No. 5),

section 1] is consequential to amendments made by this Bill to the Act.

Section 1 is amended by striking out " In this Act: " and substituting " In this Part: ".

CLAUSE 3: [Municipalities Enabling and Validating Act (No. 5),

Part 2] adds a new Part to the Act that

deems the Vancouver council to have had the authority to adopt specified amending bylaws of the council,

validates the bylaws and deems them to be effective from the day after First Reading of this Bill, and

provides for powers and duties to be exercised or performed as if the bylaws had been validly adopted by the council under the Vancouver Charter .

3 The following

Part is added:

Part 2 – 2024

Validation of City of Vancouver bylaws

(1) In this section:

"amending bylaws" means the following bylaws adopted or purported to be adopted by the Vancouver council on December 8, 2021:

(

a) By-law No. 13182 titled "A By-law to amend License By-law No. 4450 Regarding Vacancy Control";

(

b) By-law No. 13183 titled "A By-law to amend the Ticket Offences By-law No. 9360 regarding vacancy control";

(

c) By-law No. 13184 titled "A By-law to amend License By-law No. 4450 Regarding Vacancy Control";

"specified bylaws" means the following bylaws of the City of Vancouver:

(

a) Licence By-law No. 4450;

(

b) Ticket Offences By-law No. 9360;

"Vancouver council" means the Council as defined in

section 2 of the Vancouver Charter .

(2) Despite

section 272 (1) (f) [by-laws respecting business regulation and licensing] of the Vancouver Charter insofar as it reads "except to the extent that the person is subject to regulation by some other Statute" and despite any decision of a court to the contrary made before or after this

section comes into force,

(

a) the Vancouver council is conclusively deemed to have had, under

section 272 (1) of the Vancouver Charter , the authority to adopt the amending bylaws on December 8, 2021,

(

b) the amending bylaws are conclusively deemed to have been validly adopted by the Vancouver council under

section 272 (1) of the Vancouver Charter and to be effective from the date this

section comes into force, and

(

c) all powers and duties in relation to the specified bylaws, as amended by the amending bylaws, may be exercised or performed effective from the date this

section comes into force as if the amending bylaws had been validly adopted by the Vancouver council under

section 272 (1) of the Vancouver Charter .

(3) This

section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Commencement

4 This Act comes into force on the day after the date it receives First Reading in the Legislative Assembly.

Explanatory Notes