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2007 Legislative Session: 3rd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. MICHAEL SATHER

BILL M 221 – 2007

LOCAL GOVERNMENT

CONFLICT OF INTEREST ACT, 2007

This Bill amends the Community Charter by adding provisions that will prevent local government councillors and former councillors from realizing a pecuniary benefit from the sale of property the rezoning of which those councillors voted on while in office.

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

Part 4 of the Community Charter, S.B.C. 2003, c. 26 is amended by adding the following section:

Restrictions on benefiting from rezoning decisions

108.1

(1) A council member must not, directly or indirectly, realize a pecuniary benefit from the sale of property the rezoning of which was voted on by the council member.

(2) A former council member must not, directly or indirectly, realize a pecuniary benefit from the sale of property the rezoning of which was voted on by the council member for a period of two years after leaving office.

(3) A person who contravenes this

section is disqualified from holding an office described in, and for the period established by,

section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Section 110 of the Community Charter, S.B.C. 2003, c. 26 is amended by

(

a) adding the following text to subsection 110 (1) (d):

(

d) the person is disqualified under

section 191 [liabilities for use of money contrary to the Act] or

section 108.1 [restrictions on benefiting from rezoning decisions] ;

(

b) adding the following text to

section 110 (2):

(2) A person disqualified under subsection (1) is disqualified from holding office on a local government, including office on the council of the City of Vancouver, as follows:

Applicable provision

Period of disqualification

(1) (a) [failure to take oath]

until the next general local election;

(1) (b) [unexcused absence]

until the next general local election;

(1) (c) [conflict]

until the next general local election;

(1) (d) [unauthorized use of money] and [restriction on benefiting from rezoning decisions]

for 3 years from the date of the vote to which the disqualification relates;

(1) (e) [election disqualifications]

in accordance with

Part 3 [Electors and Elections] of the Local Government Act or

Part 1 of the Vancouver Charter.

Explanatory Notes

This Bill amends the Community Charter by adding provisions that will prevent local government councillors and former councillors from realizing a pecuniary benefit from the sale of property the rezoning of which those councillors voted on while in office.

Copyright (c) 2007: Queen's Printer, Victoria, British Columbia, Canada