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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE MICHAEL FARNWORTH

MINISTER OF MUNICIPAL AFFAIRS

AND HOUSING

BILL 35 – 1997

MUNICIPALITIES ENABLING AND VALIDATING (No. 2)

AMENDMENT ACT, 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

1 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended

by adding the following Part:

Part 8 – 1997

Naramata Irrigation District – validation and enabling

(1) In this section:

"boundaries of the irrigation district" means the boundaries of the irrigation

district before its dissolution;

"irrigation district" means the Naramata Irrigation District dissolved on September

28, 1995 by Order in Council 1219/95;

"properties outside the boundaries of the irrigation district" means the

properties that were outside the boundaries of the irrigation district and the

service area for the relevant regional district service, and that are now included

within the service area for the relevant service by

(

a) the regional district bylaw cited as the "Naramata Water System Local

Service Boundary Extension Bylaw No. 1700, 1996", adopted by the

regional district on December 12, 1996, or

(

b) the regional district bylaw cited as the "Naramata Fire Prevention and

Suppression Local Service Amendment Bylaw No. 1651, 1995", adopted

by the regional district on August 15, 1996;

"regional district" means the Regional District of Okanagan-Similkameen, to

which the service authorities, assets and liabilities of the irrigation district were

transferred by Order in Council 1219/95.

(2) The irrigation district and the regional district are conclusively deemed to have

had the authority to provide water and fire protection services to the properties

outside the boundaries of the irrigation district to which the irrigation district or

regional district provided those services.

(3) All amounts charged and levied in relation to the properties referred to in

subsection (2) for the services referred to in that subsection are conclusively

deemed to have been validly charged and levied as if the properties had been

within the irrigation district or within a service area for the services, as

applicable.

(4) The irrigation district and the regional district are conclusively deemed to have

had and to have the authority to borrow under, and to use the money borrowed

under,

(

a) the bylaw of the irrigation district cited as the "Naramata Water System

Upgrade Temporary Financing Loan Bylaw 1995", registered with the

Inspector of Municipalities on September 20, 1995, or

(

b) the authority under that bylaw as transferred to the regional district,

in relation to the Canada/B.C. Infrastructure Works Project #M95IW0581, for

works that were or are outside the boundaries of the irrigation district.

(5) In relation to the irrigation district bylaw cited as the "Transfer of Services to the

Regional District of Okanagan-Similkameen Temporary Financing Loan Bylaw

1995", registered with the Inspector of Municipalities on September 20, 1995, the

regional district may, without the assent of the electors but with the approval of

the Inspector of Municipalities,

(

a) amend the bylaw to extend the term of repayment for borrowing under the

bylaw, and

(

b) undertake long term borrowing under the authority of the bylaw.

(6) The regional district may, by bylaw adopted without the assent of the electors but

with the approval of the Inspector of Municipalities, borrow for a term of years

amounts required to satisfy all real and contingent liabilities of the irrigation

district, including amounts required to settle legal claims, amounts required to

satisfy awards made by a court or an arbitrator and amounts required to pay

related legal and administrative expenses and legal costs.

(7) Amounts borrowed under subsection (5) or (6) must be apportioned in

accordance with

section 847 (3) and (4) of the Municipal Act to the service area

as described in the regional district bylaw cited as the "Naramata Water System

Local Service Establishment Bylaw No. 1620, 1995", as originally adopted.

(8) The Municipal Finance Authority is authorized to provide financing to the

regional district for the amounts authorized by the bylaw referred to in

subsection (5) or a bylaw under subsection (6) as if the financing was for capital

requirements of the regional district and, for the purposes of the Municipal

Finance Authority Act and the Municipal Act, those bylaws are deemed to be loan

authorization bylaws under

section 831 of the Municipal Act.

(9) Despite the Municipal Act or a requirement established by or under that Act, the

irrigation district bylaw cited as the "Comprehensive Capital Expenditure Charge

(Water) Bylaw 1994", registered with the Inspector of Municipalities on June 5,

1995, is conclusively deemed to have been validly adopted and to have been

effective from the time of its registration with the Inspector of Municipalities.

(10) All things done that would have been validly done had subsection (9) been in

force on June 5, 1995 are conclusively deemed to have been validly done.

(11) As limits on subsections (9) and (10), the validation of the bylaw referred to in

subsection (9) applies for all purposes except in relation to an action or other legal

proceeding that was commenced before the date on which this

section received

First Reading in the Legislative Assembly.

(12) Despite the Municipal Act or a requirement established by or under that Act,

(

a) the irrigation district bylaw cited as the "Naramata Water System Upgrade

Temporary Financing Loan Bylaw 1995", registered with the Inspector of

Municipalities on September 20, 1995, and

(

b) the irrigation district bylaw cited as the "Transfer of Services to the

Regional District of Okanagan-Similkameen Temporary Financing Loan

Bylaw 1995", registered with the Inspector of Municipalities on September

20, 1995,

are conclusively deemed to have been validly adopted and to have been effective

from the time of their registration with the Inspector of Municipalities.

(13) All things done that would have been validly done had subsection (12) been in

force on September 20, 1995 are conclusively deemed to have been validly done.

(14) Despite the Municipal Act, the regional district may amend its official community

plan, zoning bylaws and subdivision servicing bylaws in accordance with the

following regional district bylaws, as given second reading by the board of the

regional district on April 17, 1997:

(

a) the bylaw cited as the "Naramata Official Community Plan Bylaw No.

1406, Amendment Bylaw No. 1763, 1997";

(

b) the bylaw cited as the "Electoral Area "E" Zoning Bylaw No. 1566,

Amendment Bylaw No. 1764, 1997";

(

c) the bylaw cited as the "Regional District of Okanagan-Similkameen

Subdivision Servicing Bylaw No. 1567 and Subdivision Bylaw No. 300,

Amendment Bylaw No. 1766, 1997".

(15) Subsection (14) is deemed to have come into force on April 17, 1997 and is

retroactive to the extent necessary to give it effect on and after that date.

(16) On adoption, a bylaw authorized by subsection (14) is conclusively deemed to be

valid for all purposes.

(17) For 5 years following the date on which a bylaw authorized by subsection (14) is

adopted, the regional district must not amend or repeal the bylaw amended by the

applicable bylaw under subsection (14), in relation to property described in that

applicable bylaw, without the agreement of the owner or owners of that property.

(18) 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 by reason that it makes no specific reference to that matter.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

SECTION 1: [Municipalities Enabling and Validating Act (No. 2), adds

Part 8] in relation

to the water and fire protection services transferred from the Naramata Irrigation District to the Regional District of Okanagan-Similkameen,

validates the provision of water and fire protection services to properties

that were outside the boundaries of the irrigation district, but to which the

district in fact provided those services,

allows the regional district to extend the repayment term of borrowing

under the irrigation district financing bylaw, dealing with it as long term

borrowing,

provides authority for the regional district to borrow money required in

relation to legal proceedings against the irrigation district, and

provides authority for the regional district to amend its land use bylaws in

relation to the property that has been subject to legal proceedings against the

irrigation district, returning these bylaws to their 1993 effect, and protects

them from further change for the following 5 years.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada