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1997 Legislative Session: 2nd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 23rd day of July, 1997

Ian D. Izard, Law Clerk

HONOURABLE MIKE FARNWORTH

MINISTER OF MUNICIPAL AFFAIRS

AND HOUSING

BILL 46 – 1997

LOCAL GOVERNMENT STATUTES

AMENDMENT ACT (No. 2), 1997

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

of British Columbia, enacts as follows:

Assessment Act

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

of "industrial improvement" by repealing paragraph (

q) and substituting the following:

(

q) loading cargo onto sea going ships or barges, and associated cargo storage

and loading facilities, including grain elevators.

Building Safety Standards Act

Section 39 of the Building Safety Standards Act, S.B.C. 1981, c. 11, is amended

(

a) in paragraphs (f), (g), (

h) and (l), in the part amending

section 306 of the Vancouver Charter, by striking out "regulations made

under

section 740 of the Municipal Act , R.S.B.C. 1979, c. 290,"

and substituting "regulations under

section 693 of the

Municipal Act " ,

(

b) in paragraph (i), in the part amending

section 306 of the Vancouver

Charter, by striking out "regulations under

section 740 of the Municipal

Act , R.S.B.C. 1979, c. 290," and substituting "regulations

under

section 693 of the Municipal Act" , and

(

c) in paragraph (n), in the part amending

section 306 of the Vancouver Charter, by

striking out "regulations made under

section 740 of the Municipal Act , R.S.B.C. 1979,

c. 290" and substituting "regulations under

section 693 of the Municipal Act " .

Section 43 is amended, in the part amending

section 567 of the

Vancouver Charter, by striking out "regulations made under

section

740 of the Municipal Act , R.S.B.C. 1979, c. 290," and substituting

"regulations under

section 693 of the Municipal Act " .

Section 44 is repealed and the following substituted:

Section 2.1 is amended

(

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

(1) Sections 23, 218, 580 to 582, 612 and 670 to 678, 692, 693, 693.1, 693.3, 693.4,

Division 2 of

Part 22, sections 726 (3) and 744, Parts 24 and 25 and

section 931 (6) of the Municipal Act , and the regulations under

section 693 of that

Act, apply to the city. , and

(

b) by adding the following subsections:

(4) If the Council passes a by-law that is inconsistent

with or purports to alter the requirements of a regulation under

section 693

of the Municipal Act , the portion of the by-law that is inconsistent

with or purports to alter the requirements of the building code is without effect.

(5) This

section does not apply in respect of by-laws made under

Part XXVII of this

Act.

Fire Services Act

Section 1 of the Fire Services Act, R.S.B.C. 1996, c. 144, is amended by repealing the definition of "occupier" and substituting the following:

"occupier" includes

(

a) a tenant, lessee, agent and any other person who has the right of access to

and control of a building or premises to which this Act applies, and

(

b) in relation to common property and common facilities in a strata plan, the

strata corporation; .

Section 22 (3) and (4) is repealed and the following substituted:

(3) Subject to an agreement to the contrary,

(

a) the cost of complying with an order must be borne by the owner, and

(

b) if the occupier pays the cost, the occupier has a right of action or set off

against the owner for the cost actually and necessarily paid in complying

with the order.

Section 35 is amended by striking out "section 22 (3) and (4)" and substituting

"section 22 (3)" .

8 The following

section is added:

Orders affecting strata lots

41.1

(1) An order under

section 22, 30 or 33 that applies to a strata lot in a condominium

building may be delivered to the strata corporation by service in accordance with

section 70 of the Condominium Act if any of the following circumstances apply:

(

a) the order cannot be delivered to the owner or occupier of the strata lot after

reasonable efforts at delivery;

(

b) the order has been delivered to the owner or occupier, but the owner or

occupier does not appeal the order and does not comply with the order;

(

c) the order has been upheld on appeal under

section 27, 28 or 34, but the

owner or occupier does not comply with the order.

(2) An order under

section 22, 30 or 33 that applies to 6 or more strata lots in a

condominium building

(

a) is not required to be delivered to the owners or occupiers of the strata lots,

and

(

b) may instead be delivered to the strata corporation by service in accordance

with

section 70 of the Condominium Act .

(3) If an order is delivered to a strata corporation under subsection (1) or (2), the

strata corporation is deemed to be an occupier of the strata lots to which the order

applies and must comply with the order.

Greater Nanaimo Water District Act

Section 65 (1) of the Greater Nanaimo Water District Act, S.B.C. 1953 (Second Session),

c. 41, is repealed and the following substituted:

(1) For the purpose of undertakings authorized by this Act or for the purpose of

discharging the payment of any matter or thing contemplated or authorized by

this Act, the Board may, by by-law adopted with the approval of the inspector of

municipalities, incur debts and pledge the assets and credit of the Corporation by

borrowing money by means of the issue and sale of debentures or other securities

of the Corporation.

(1.1) The Corporation may make agreements for the repayment of loans, with interest,

as it considers expedient, and may issue for any money borrowed and interest on

them treasury notes or bills, debentures or other form of obligation.

(1.2) As a limit on subsections (1) and (1.1), debentures or other securities must not be

issued unless the recommendation of the Commission has been received.

(1.3) Any debentures or other securities issued to incur a debt to meet a deficit incurred

by the Corporation in the immediately preceding year must provide for payment

of the whole of the debt in the year in which it is incurred.

Section 90 is repealed and the following substituted:

Right of community to complain to inspector

(1) The governing body of a community within the district may make a complaint to

the inspector of municipalities regarding any by-law, order, decision or action of

the Board.

(2) Section 846 (3) to (8) of the Municipal Act applies in relation to a complaint

under subsection (1) of this section.

(3) Section 1021 of the Municipal Act applies to the Corporation as if it were a

municipality.

(4) A person conducting an inquiry under this

section

may order that, as an exception to

section 1021 (4) of the Municipal Act ,

all or part of the costs of the inquiry must be paid by the Corporation

or a community.

Greater Vancouver Sewerage and Drainage District Act

Section 7 of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956,

c. 59, is amended

(

a) by repealing subsection (1) (

c) and substituting the following:

(

c) may from time to time alienate any of its assets

that, in the opinion of the Corporation, are no longer necessary or advantageous

for its purposes; , and

(

b) by adding the following subsection:

(1

b) Sections 318 and 319 of the Municipal Act apply to the land that is proposed to

be alienated under subsection (1) (c).

12 The following

section is added:

Liquid waste disposal fees and levies

7C

(1) For the purposes of this section:

"liquid waste" means sewage or waste water;

"sewerage facility" means

(

a) any work, service or plant of the Corporation for conveying, disposing of or

treating liquid waste, and

(

b) any work, service or plant connected to a work, service or plant referred to

in paragraph (a).

(2) In addition to its other powers, the Corporation may, by by-law, exercise one or

more of the following powers in relation to the disposal of liquid waste

discharged into or treated by a sewerage facility:

(

a) set fees payable by persons who discharge liquid waste into a sewerage

facility or whose liquid waste is treated by a sewerage facility;

(

b) set rates or levels of fees based on

(

i) the quantity, volume, type, concentration or composition of liquid

waste discharged or treated,

(ii) the sewerage and drainage area,

(iii) the type of sewerage facility, or

(iv) any other basis prescribed by regulation under subsection (5);

(

c) vary fees by class of persons, operations, activities, industries, trades,

businesses, works or wastes;

(

d) set fees for inspections and testing required to determine whether there is

compliance with a waste regulatory by-law;

(

e) establish fines for failure to comply with a by-law under this section.

(3) Section 267 of the Municipal Act applies to a by-law under this

section as if the

Corporation were a municipality.

(4) The Corporation may enter into agreements respecting the discharge into or the

treatment of liquid waste by a sewerage facility including, without limiting this

authority, agreements that provide exceptions to a by-law under this section.

(5) The Lieutenant Governor in Council may make regulations for the purposes of

subsection (2) (b) (iv).

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

(2) Sections 257 (1), (3) and (5) and 794 (3) and (4) of the Municipal Act apply to the

Corporation.

Section 36 (1) is repealed and the following substituted:

(1) Subject to subsections (1.1) and (2), the Corporation may, for the purpose of

carrying out the objects of the Corporation, by by-law adopted with the approval

of the inspector of municipalities, borrow money in the amounts and at the times

that the Board considers expedient by the issue and sale of debentures or other

securities.

(1.1) Debentures or other securities must not be issued unless a report of the Commissioner is received or the time for receiving the report has expired.

Section 40 is amended by striking out "and the approval of the Lieutenant-Governor in

Council" .

Section 58 (1) is amended by striking out ", with the consent of the Lieutenant-Governor

in Council," .

Section 59 is repealed and the following substituted:

Right of member to complain to inspector

(1) The council of a member municipality may make a complaint to the inspector of

municipalities regarding any by-law, order, decision or action of the Board.

(2) Section 846 (3) to (8) of the Municipal Act applies in relation to a complaint

under subsection (1) of this section.

(3) Section 1021 of the Municipal Act applies to the Corporation as if it were a

municipality.

(4) A person conducting an inquiry under this

section

may order that, as an exception to

section 1021 (4) of the Municipal Act ,

all or part of the costs of the inquiry must be paid by the Corporation or a

member municipality.

Greater Vancouver Water District Act

Section 5 of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is amended

(

a) by repealing subsection (1) (

d) and substituting the following:

(

d) may alienate any of its assets that, in the opinion of the Corporation, are no

longer necessary or advantageous to its purposes; , and

(

b) by adding the following subsection:

(3) Sections 318 and 319 of the Municipal Act apply to the land that is proposed to

be alienated under subsection (1) (d).

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

(3) Sections 257 (1), (3) and (5) and 794 (3) and (4) of the Municipal Act apply to the

Corporation.

Section 60 (1) is repealed and the following substituted:

(1) For the purpose of undertakings authorized by this Act or for the purpose of

discharging the payment of any matter or thing contemplated or authorized by

this Act, the Board may, by by-law adopted with the approval of the inspector of

municipalities, incur debts and pledge the assets and credit of the Corporation by

borrowing money by means of the issue and sale of debentures or other securities

of the Corporation.

(1.1) The Corporation may make agreements for the repayment of loans, with interest,

as it considers expedient, and may issue for any money borrowed and interest on

them treasury notes or bills, debentures or other form of obligation.

(1.2) As a limit on subsections (1) and (1.1), debentures or other securities must not be

issued unless the report of the Commission is received or the time for receiving

the report has expired.

Section 90 is repealed and the following substituted:

Right of municipality to complain to inspector

(1) The Council of a municipality within the district may make a complaint to the

inspector of municipalities regarding any by-law, order, decision or action of the

Board.

(2) Section 846 (3) to (8) of the Municipal Act applies in relation to a complaint

under subsection (1) of this section.

(3) Section 1021 of the Municipal Act applies to the Corporation as if it were a

municipality.

(4) A person conducting an inquiry under this

section may order that, as an exception

section 1021 (4) of the Municipal Act, all or part of the costs of the inquiry

must be paid by the Corporation or a municipality within the district.

Highway Act

22 The Highway Act, R.S.B.C. 1996, c. 188, is amended by adding the following

section to

Part 1:

Highways standards

13.1

(1) The minister may, by regulation, establish standards and requirements in relation

to highways in areas outside a municipality.

(2) Without limiting subsection (1), regulations under that subsection may do one or

more of the following:

(

a) establish standards for the dimensions, locations, alignments and gradients

of highways;

(

b) establish standards and materials specifications in relation to highway and

bridge design and construction;

(

c) require that, within a subdivision or highway right of way or easement,

systems for drainage collection and disposal be provided and that they be

located and constructed in accordance with the standards established by the

regulations;

(

d) require that sidewalks, boulevards, boulevard crossings, transit bays, street

lighting and underground wiring be provided and that they be located and

constructed in accordance with the standards established by the regulations;

(

e) authorize exceptions to standards and requirements established by the

regulations, with the approval of a designated highways official within the

meaning of

section 1 of the Land Title Act .

(3) Regulations under subsection (1) may be different in relation to one or more of

the following:

(

a) different circumstances;

(

b) different areas;

(

c) different land uses;

(

d) different zones;

(

e) different classes of highways.

(4) If a bylaw has been approved by the minister under

section 938 (3.1) (

b) of the Municipal Act , a provision in a regulation

under subsection (1) of this

section that establishes highways standards or

requirements in relation to the same subject does not apply to the area.

Islands Trust Act

Section 1 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by repealing the definition of "local trust committee" and substituting the following:

"local trust committee" means,

(

a) in respect of a local trust area, the committee referred to in

section 23 (2),

and

(

b) in respect of that part of the trust area that is not within a local trust area or

municipality, the executive committee acting under

section 23 (5); .

Section 7 (2) is repealed and the following substituted:

(2) Unless otherwise provided by letters patent under

section 13 (3.1) of the Municipal Act , a municipal trustee appointed

under subsection (1) of this

section holds office from the date of appointment

until the first Monday following the next December 1 or until the appointment

of the trustee's successor, whichever is later.

Section 8 is amended

(

a) by repealing subsection (2) (

a) and substituting the following:

(

a) acquire and dispose of land, , and

(

b) by adding the following subsection:

(2.1) Sections 318 and 319 of the Municipal Act apply to a disposition of land under

subsection (2) (a).

Section 23 (5) is repealed and the following substituted:

(5) For the part of the trust area that is not within a local trust area or municipality,

(

a) the executive committee is deemed to be the local trust committee, and

(

b) this Act, as it applies to a local trust committee for its local trust area,

applies to the executive committee.

Section 29 (1) and (2) is repealed and the following substituted:

(1) Each local trust committee has, in respect of its local trust area, all the power and

authority of a regional district board under the following enactments:

(a) sections 694 (1) (

j) and 723 of the Municipal Act and

Part 26 of that Act,

except Division 10 of that Part and except

section 939;

(

b) section 9 of the Condominium Act ;

(

c) Part 2 of the Real Estate Act ;

(

d) the Agricultural Land Commission Act ;

(

e) the Soil Conservation Act .

(2) For the purposes of subsection (1), the enactments referred to in that subsection,

as they apply to a regional district board, apply to the local trust committees.

Section 33 is repealed.

Section 36 (1) is repealed and the following substituted:

(1) A regional district board must not exercise within the trust area the power and

authority given to

(

a) the trust council under

section 8 (2) (f), or

(

b) a local trust committee under

section 29 or 30.

30 The following

section is added to

Part 5:

Municipality must consider object of trust

39.1 The council of a municipality, all or part of which is in the trust area, must have regard

to the object of the trust in adopting a bylaw or issuing a permit or licence.

Land Title Act

Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(

a) by repealing the definition of "approving officer" and substituting the following:

"approving officer" means, as applicable,

(

a) the municipal approving officer under

section 77,

(

b) the regional district approving officer under

section 77.1,

(

c) the islands trust approving officer under

section 77.1, or

(

d) the Provincial approving officer under

section 77.2; , and

(

b) by adding the following

definitions:

"designated highways official" means an employee of the Ministry of Transportation and Highways designated, by name or by title, by the minister responsible

for that ministry as a designated highways official for the purposes of the

applicable provision of this Act;

"rural area" means an area outside a municipality; .

32 Sections 75 to 77 are repealed and the following substituted:

Requirements for subdivisions

(1) A subdivision must comply with the following, and all other, requirements in this

Part:

(

a) to the extent of the owner's control, there must be a sufficient highway to

provide necessary and reasonable access

(

i) to all new parcels, and

(ii) through the land subdivided to land lying beyond or around the

subdivided land;

(

b) all existing highways provided for in subdivision plans of adjoining land

and all existing highways otherwise legally established must be continued

without unnecessary jogs;

(

c) if the land subdivided borders on

(

i) a body of water, the bed of which is owned by the Crown,

(ii) the boundary of a strip of land established as the boundary of a water

reservoir, where the strip of land and reservoir are owned by the

Crown, or

(iii) a strip of Crown land 20 m or less in width contiguous to a natural

boundary as defined in the Land Act ,

access must be given by highways 20 m wide to the body of water and to

the strips at distances not greater than 200 m between centre lines, or, in a

rural area where the parcels into which the land is subdivided all exceed

0.5 ha, at distances not greater than 400 m between centre lines;

(

d) if the land subdivided borders on a body of water, the bed of which is owned

by a person other than the Crown and,

(

i) in the case of a lake or pond, the surface of the body of water at mean

annual high water is at least 1.5 ha, and the mean depth at mean

annual high water is at least 0.6 m, or

(ii) in the case of a river, creek or watercourse, the average width at mean

annual high water is at least 6 m and the average depth at mean annual

high water is at least 0.6 m,

access must be given by highways 20 m wide to the body of water and to

the strips at distances not greater than 200 m between centre lines, or, in a

rural area where the parcels into which the land is subdivided all exceed

0.5 ha, at distances not greater than 400 m between centre lines;

(

e) suitable lanes must be provided in continuation of existing lanes and in

every case where lanes are considered necessary by the approving officer.

(2) As an exception, subsection (1) (d) (

i) does not apply to a reservoir or pond

referred to in paragraph (

d) of that subsection if the reservoir or pond is used for

the purpose of domestic or industrial water supply and its bed is owned by a

public body other than the Crown.

(3) In considering the sufficiency of a highway shown on a plan and to be dedicated

to the Crown, the approving officer must consider the following:

(

a) the location and width of the highway;

(

b) the suitability of the highway in relation to the existing use of the

subdivided land and the use intended by the subdivision;

(

c) the configuration of the land subdivided;

(

d) the relation of the highway to be dedicated to an existing main highway or

approach, whether by land or water, and local circumstances;

(

e) on the question of width, the extent of the use, present and future, to which

the highway may be put;

(

f) the likely or possible role of the highway in a future highway network

serving the area in which the subdivided land is located.

Relief from requirements established by

section 75

(1) In circumstances prescribed under subsection (2), an approving officer may grant

relief from compliance with all or part of the provisions of

section 75 (1) (

a) or

(b).

(2) The Lieutenant Governor in Council may make regulations prescribing circumstances for the purposes of subsection (1), which may be different for different

areas.

(3) On receiving an application made in accordance with subsection (4), the Minister

of Transportation and Highways may grant relief from strict compliance with a

requirement under

section 75 (1) (

c) or (d).

(4) An application under subsection (3) must be supported by an affidavit and, if the

approving officer is a municipal, regional district or islands trust approving

officer appointed under

section 77 or 77.1, by the written recommendation of the

approving officer.

(5) Relief granted under subsection (3) may be evidenced by a certificate endorsed

on the plan and signed by the Minister of Transportation and Highways or by a

designated highways official.

Division 3 – Appointment, Powers and Duties of Approving Officers

Appointment of municipal approving officers

(1) For land within a municipality, the municipal council must appoint a person as an

approving officer.

(2) An approving officer appointed under this

section must be

(

a) the municipal engineer,

(

b) the chief planning officer,

(

c) some other employee of the municipality appointed by the municipal

council, or

(

d) a person who is under contract with the municipality.

Appointment of regional district and islands trust approving officers

77.1

(1) Subject to subsection (2), the Lieutenant Governor in Council may, by order, do

one or more of the following:

(

a) authorize a regional district board to appoint a person as an approving

officer for the rural area of the regional district;

(

b) authorize the trust council under the Islands Trust Act to appoint a person as

an approving officer for the rural area of the trust area under that Act;

(

c) if an order under paragraph (

a) or (

b) applies, provide that

section 83.1 does

not apply in relation to the regional district or trust area.

(2) An order under subsection (1) (

a) or (

b) must be requested by resolution of the

regional district board or trust council, as applicable, and must be recommended

by the Minister of Transportation and Highways.

(3) An order under subsection (1) (

a) or (

b) may include one or more of the

following:

(

a) requirements that must be met before the authorization becomes effective;

(

b) conditions relating to the appointment of the approving officer under this

section;

(

c) provisions respecting the transition to the exercise of authority by an

approving officer appointed under this

section including, without limiting

this, exceptions and modifications respecting how applications that are

pending at the time the authorization becomes effective are to be dealt with.

(4) If a regional district board or the trust council is authorized under subsection (1),

it must appoint an approving officer for the rural area of its jurisdiction.

(5) An approving officer appointed under this

section must be

(

a) the regional district or trust area engineer,

(

b) the chief planning officer,

(

c) some other employee of the regional district or trust council appointed by

the board or council, as applicable, or

(

d) a person who is under contract with the regional district or trust council.

Provincial approving officers

77.2

(1) If an approving officer is not appointed under

section 77.1 for a rural area, the

approving officers for the area are

(

a) the Deputy Minister of Transportation and Highways, and

(

b) approving officers appointed under subsection (2).

(2) The Lieutenant Governor in Council may appoint a person as an approving

officer for a rural area referred to in subsection (1).

Section 79 is repealed.

Section 80 is repealed and the following substituted:

Controlled access highways

80 If a plan of subdivision affects land adjacent to a controlled access highway, as

defined in

Part 6 of the Highway Act ,

(

a) the approving officer must not approve the plan if

it does not conform to any applicable regulations under the Highway Act ,

and

(

b) an approving officer appointed under

section 77 or 77.1 must not approve

the plan unless it has first been approved by the Minister of Transportation

and Highways or a designated highways official.

Section 83 is repealed and the following substituted:

Tender of plan for examination and approval

(1) A subdivision plan must be tendered for examination and approval by the

approving officer as follows:

(

a) if the land affected is within a municipality, to the municipal clerk;

(

b) if the land affected is in the rural area of a regional district authorized to

appoint an approving officer under

section 77.1, to the secretary of the

regional district;

(

c) if the land affected is in the rural area of the trust area under the Islands

Trust Act and the trust council is authorized to appoint an approving officer

under

section 77.1, to the secretary of the trust council;

(

d) in other cases, to the district highways manager of the Ministry of Transportation and Highways.

(2) The subdivision plan must be accompanied by the following:

(

a) the applicable fees established under

section 931 (1) (

f) of the Municipal

Act or under

section 292 (1) (

h) of the Vancouver Charter or prescribed

under subsection (3) of this section;

(

b) a certificate

(

i) that all taxes assessed on the subdivided land have been paid, and

(ii) if local improvement taxes, rates or assessments are payable by

instalments, that all instalments owing at the date of the certificate

have been paid;

(

c) if the approving officer considers that there is reason to anticipate that the

land may be resubdivided and requires this information, a sketch showing

that the parcels into which the land is subdivided can conveniently be

further subdivided into smaller parcels;

(

d) if the approving officer requires this information, profiles of every new

highway shown on the plan and such necessary topographical details as may

indicate engineering problems to be dealt with in opening up the highways,

including environmental impact or planning studies.

(3) The Lieutenant Governor in Council may, by regulation, prescribe fees for

subdivision plan examination by a Provincial approving officer, which may vary

with the number, size and type of parcels involved in the proposed subdivision.

36 The following

section is added:

Referral to designated highways official

83.1

(1) Unless the application of this

section is excepted by order under

section 77.1 (1)

(c), a regional district or islands trust approving officer who receives a plan

tendered under

section 83 (1) (

b) or (c)

(

a) must refer the plan to a designated highways official for review, and

(

b) must not approve the plan unless the designated highways official consents.

(2) The designated highways official may direct the approving officer to impose on

the applicant specified requirements that must be met before the plan is approved

or that must be conditions of approval.

(3) Requirements that may be directed under subsection (2) are

(

a) requirements that the approving officer may require

under this or another Act including, without limiting this, under

section 83

(2) (

d) of this Act or

section 945 of the Municipal Act , and

(

b) any other requirements that the designated highways official considers

necessary to ensure that present and future highways needs can be

adequately met.

(4) Without limiting the authority of an approving officer, the approving officer may

impose on an applicant any requirements directed by the designated highways

official under subsection (2).

(5) In determining whether or not to consent, the designated highways official is

limited to considering the following:

(

a) whether the plan complies with the enactments that establish requirements

and standards in relation to highways;

(

b) whether the highways within and leading to and beyond the subdivision are

sufficient in relation to their capacity to carry traffic and their provision of

access into and out of the subdivision;

(

c) whether any requirements directed under subsection (2) have been satisfied.

Section 87 is repealed and the following substituted:

Local government matters to be considered by approving officer

87 Without limiting

section 85 (3), the approving officer may refuse to approve a

subdivision plan if the approving officer considers that the subdivision does not

conform to the following:

(

a) all applicable provisions of the Municipal Act ;

(

b) all applicable municipal, regional district and improvement district bylaws

regulating the subdivision of land and zoning;

(

c) if the land affected is within the trust area under

the Islands Trust Act , all applicable local trust committee bylaws regulating

the subdivision of land and zoning.

Section 102 (3) is repealed and the following substituted:

(3) The reference plan or explanatory plan must be

(

a) signed by the Surveyor General, and

(

b) unless the highway has been previously established by notice in the Gazette,

approved by a designated highways official.

Section 109 (2) is repealed and the following substituted:

(2) The deposit by the registrar of a subdivision or reference plan that has been

approved by a designated highways official

(

a) extinguishes a highway in the plan that adjoins on both its sides land the title

to which is registered in the name of the subdivider,

(

b) vests the title to the highway extinguished in the owner of the land covered

by the plan without a further instrument of transfer, and

(

c) if the title to the land covered by the plan is subject to a registered charge,

extends the charge to include the land covered by the highway extinguished.

Section 114 is repealed and the following substituted:

Statutory right of way plan may be used in application to register fee simple

(1) The registrar may allow a person to use and deposit a statutory right of way plan,

instead of a reference plan, if all the following requirements are met:

(

a) the registrar is satisfied that the nature of the person's undertaking requires

the acquisition of a title in fee simple to the land included within the

statutory right of way plan;

(

b) the plan is approved by the approving officer in the manner required under

this Act for a subdivision plan;

(

c) in the case of a plan that establishes a highway, approval of the plan has

received the consent of a designated highways official under

section 83.1,

unless that

section does not apply by reason of an order under

section 77.1 (1) (c);

(

d) the plan complies with this Part and the applicable regulations of the

Surveyor General.

(2) Subsection (1) (

b) and (

c) does not apply to a person having a statutory right to

acquire compulsorily a parcel smaller than the registered parcel.

(3) If the statutory right of way plan has been deposited before an application for title

in fee simple, the approval required by subsection (1) (

b) and the consent required

by subsection (1) (

c) may be given in a separate document of the approving

officer, instead of being written on the plan.

Section 124 is repealed and the following substituted:

Report of the approving officer and Ministry of Transportation and Highways

(1) Unless the registrar otherwise orders, before the date set for the hearing of the

petition, the petitioner must file with the registrar a report of the approving officer

that contains all of the following information:

(

a) whether any part of a public area affected by the petition is an arterial

highway;

(

b) the approving officer's opinion as to whether, if the petition is granted, the

plan referred to in the petition will comply with

(

i) the applicable subdivision and zoning bylaws, and

(ii) the requirements of

section 75;

(

c) other information that the approving officer considers material to the

petition.

(2) If any part of a public area affected by the petition is a highway in a rural area or

an arterial highway in a municipality, before the date set for the hearing of the

petition, the petitioner must file with the registrar a report of the district highways

manager of the Ministry of Transportation and Highways.

(3) A request for a report required under this

section must be made in writing to

(

a) the approving officer, in the case of a report under subsection (1), or

(

b) the district highways manager of the Ministry of Transportation and

Highways, in the case of a report under subsection (2),

and must be accompanied by a copy of the petition and a print of the plan annexed

as a

schedule to the petition.

(4) Within 60 days after receiving a request referred to in subsection (3), the

approving officer or district highways manager, as applicable, must deliver the

report to the petitioner.

Section 125 (3) is repealed and the following substituted:

(3) Unless the registrar orders otherwise, as soon as practicable after the report of the

approving officer under

section 124 (1) or the report of the district highways

manager under

section 124 (2) has been filed, the petitioner must serve it on the

persons referred to in subsection (2) of this section.

Miscellaneous Statutes Amendment Act (No. 2), 1985

Section 79 of the Miscellaneous Statutes Amendment Act (No. 2), 1985, S.B.C. 1985,

c. 51, is amended by striking out "Section 396 (f)" and substituting "Section 396 (1) (f)" .

Municipal Act

(R.S.B.C. 1979, c. 290)

Section 280 of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed.

Section 703 is repealed.

Municipal Act

(R.S.B.C. 1996, c. 323)

Section 1 of the Municipal Act, R.S.B.C. 1996, c. 323, is amended by adding the following

definition:

"counter petition" means a petition against a proposed bylaw or action of a local

government; .

Section 10 is amended

(

a) by repealing subsection (4), and

(

b) by repealing subsection (5) and substituting the following:

(5) The council of a municipality incorporated under this

section may provide

housing for employees of the municipality and may incur liabilities for it, subject

to the limit that an obligation incurred for this purpose must not have a term of

more than 5 years.

48 The following

section is added:

Incorporation of island municipality in Islands Trust area

11.1

(1) As an exception to sections 16 and 17, if the area for a new municipality is

entirely within the trust area under the Islands Trust Act, the municipality must

be incorporated as an island municipality under the name of the "Island Municipality of ..........." or the "............. Island Municipality".

(2) An island municipality has all the powers and duties of a district municipality,

and is subject to all the requirements and limitations of a district municipality, as

these are established by or under this or any other Act.

Section 13 is amended

(

a) by repealing subsection (3) (

a) and substituting the following:

(

a) provide that sections 449 (1) to (8), 458 and 646 (6) do not apply, but that

the inspector may direct that the assent of the electors be obtained or that

the electors be given an opportunity to petition against the proposed bylaw

by counter petition process in accordance with

section 212.1, , and

(

b) by adding the following subsection:

(3.1) In addition to the matters referred to in subsections (1) and (2), the letters patent

incorporating an island municipality may do one or more of the following:

(

a) vary the term of office for a municipal trustee on the trust council from that

established by

section 7 of the Islands Trust Act ;

(

b) establish the process that the council of an island municipality must follow

in selecting and appointing municipal trustees to the trust council under

section 7 of the Islands Trust Act ;

(

c) establish the process that the council of an island municipality must follow

in submitting bylaws for approval under

section 38 of the Islands Trust Act ;

(

d) provide for the transfer to the island municipality of any asset, right, claim,

obligation or liability of the local trust committee or trust council in relation

to the area being incorporated as the new municipality.

Section 15 is repealed and the following substituted:

Publication of letters patent

(1) On the issue of letters patent under this Act by the Lieutenant Governor in

Council,

(

a) the minister must publish a notice in the Gazette in the form prescribed

under subsection (2), and

(

b) the municipal council, regional district board or improvement district

trustees, as applicable, must publish in a newspaper

(

i) a copy of the letters patent, or

(ii) a synopsis that states where the letters patent may be examined and,

if a boundary description is set out in the synopsis, where a map of

the boundary description may be viewed.

(2) The Lieutenant Governor in Council may make regulations prescribing the form

of notice under subsection (1) (a).

Section 24 (2) is amended by striking out "section 782 (4)," and substituting "section 782 (4.1)," .

Section 205 (3) is repealed.

Section 212 (1) is repealed and the following substituted:

(1) A petition to a council must include the full name and residential address of each

petitioner.

54 The following

section is added to Division 5 of

Part 5:

Counter petition process

212.1

(1) Unless otherwise provided, this

section applies to counter petitions required or

authorized under this Act in relation to proposed municipal bylaws or actions.

(2) The council must establish a deadline by which counter petitions in relation to a

specific bylaw or action must be submitted to the council.

(3) Notice of the counter petition process in relation to a matter

(

a) must be published in at least 2 issues of a newspaper, with the second

publication at least 30 days before the deadline established under

subsection (2), and

(

b) from the date of first publication in a newspaper, must be posted on the

notice board or usual place for publishing notices at the municipal hall.

(4) A notice under subsection (3) must include the following:

(

a) a general description of the proposed bylaw or action;

(

b) a statement that the council may proceed with the bylaw or action unless the

counter petition is sufficient;

(

c) the area to which the counter petition applies, if that area is not the whole

of the municipality;

(

d) the deadline for submitting signed counter petition forms to the council;

(

e) an estimate of the number of persons who must petition against the bylaw

or action in order for the counter petition to be sufficient;

(

f) how counter petitions may be submitted to the council.

(5) Subject to

section 212 (1), a counter petition may be in any form that clearly

indicates the intention of the person or persons signing it to petition against the

proposed action or bylaw.

(6) A counter petition is sufficient if, on the basis of the signed counter petition forms

submitted to the council before the deadline established under subsection (2), the

counter petition is signed by at least 5% of the electors of the area to which the

counter petition applies.

(7) If a counter petition is certified as valid and sufficient under

section 212 (2), the

council must not proceed with the proposed bylaw or action unless it receives the

assent of the electors.

(8) If a counter petition is not sufficient, the council may proceed with the proposed

bylaw or action.

Section 217 is repealed and the following substituted:

Additional housing contract authority

217 In addition to its other powers under this Act, a council may enter into contracts in

Section 218 is repealed and the following substituted:

Joint exercise of powers with other municipalities

(1) A municipality may join with another municipality to exercise a power conferred

by this Act.

(2) An agreement under this

section is not valid until ratified by a bylaw adopted by

each council.

(3) For the purpose of this section,

(

a) the powers of a municipality extend beyond the boundaries of the municipality, and

(b) "mu nicipality" includes the City of Vancouver.

Section 228 (1) is amended by striking out "may, by bylaw adopted with the approval of

the inspector," and substituting "may, by bylaw," .

Section 232 (2) is repealed.

Section 233 is amended

(

a) in subsection (4) by adding the following paragraph:

(

d) a rate based on any factor set out in the bylaw. ,

(

b) by adding the following subsection:

(4.1) If the council imposes a rate or charge under subsection (4), the bylaw that

imposes the rate or charge may set different rates or charges on different classes

of business, as specified in the bylaw. ,

(

c) by repealing subsection (9) and substituting the following:

(9) A bylaw designating a business improvement area ceases to have effect on the

earlier of

(a) 20 years from the date the bylaw comes into force, and

(

b) a date specified in the bylaw. , and

(

d) by repealing subsection (10).

Section 234 (12) is repealed.

Section 237 is amended

(

a) in the words before paragraph (

a) by striking out "one more of" and substituting "one

or more of" , and

(

b) by repealing paragraph (

a) and substituting the following:

(

a) to help a person, organization or other government establish, develop,

maintain and operate airports, seaplane harbours and aircraft landing areas

inside or outside the municipality; .

Section 243 is amended by adding the following paragraph:

(f.1) to be responsible for appointing, promoting, disciplining and dismissing

employees, subject to any restrictions and conditions established by

bylaw; .

Section 244 is repealed.

Section 245 is repealed and the following substituted:

Appointment of officers and employees generally

(1) Subject to this Act, a council may

(

a) appoint or cause to be appointed persons to offices established by or under

this Act as officer positions for the municipality,

(

b) appoint or cause to be appointed other employees considered necessary for

the good government of the municipality, and

(

c) establish the powers, duties and responsibilities of officers and employees.

(2) In addition to the officer positions established by this Act, a council may, by

bylaw, establish other officer positions for the municipality.

(3) The same person may be appointed to 2 or more offices or positions.

245.1

(1) Subject to the Employment Standards Act , the Labour Relations Code and this

and employees by contract of employment, by collective agreement or by bylaw.

(2) Without limiting subsection (1), a council may establish the remuneration,

benefits, hours of work and manner of appointment, promotion, discipline and

dismissal as terms or conditions of employment.

established by bylaw and those established by contract of employment or

collective agreement, the contract or agreement prevails over the bylaw.

(4) Subject to a contract of employment or a collective agreement, a council may, by

bylaw, designate an officer or officer position as having authority to appoint,

promote, discipline and dismiss employees, subject to the restrictions and

conditions established by the bylaw.

Section 248 is repealed.

Section 251 (1) is amended by striking out "section 245 (2)," and substituting "section

245.1 (2)," .

Section 259 is repealed and the following substituted:

When a bylaw comes into force

259 A municipal bylaw comes into force on the later of

(

a) the date it is adopted by council, and

(

b) a date set by the bylaw.

68 The following sections are added to Division 1 of

Part 6:

Exercise of powers through municipal code

259.1

(1) Subject to this Act, a council may exercise some or all of its powers under this

Act by the adoption of a comprehensive general bylaw.

(2) Without limiting the authority of a council under subsection (1), a comprehensive

general bylaw under that subsection may be cited as "The (name of municipality)

Municipal Code".

(3) A comprehensive general bylaw under subsection (1) is subject to all requirements that would apply to the exercise of the powers by separate bylaws.

Evidence of bylaw

259.2 A printed document purporting

(

a) to be a copy of a municipal bylaw, and

(

b) to be printed by authority of the council of the municipality

is proof, in the absence of evidence to the contrary, of the bylaw and of the fact of its

passage.

69 The following Division is added to

Part 6:

Division 5 – Consolidation and Revision of Bylaws

Consolidation of bylaws

280.1

(1) A council may, by bylaw, authorize a designated officer to consolidate one or

more of the bylaws of the municipality.

(2) In consolidating a bylaw, the officer must

(

a) incorporate in it all amendments that have been made to the bylaw, and

(

b) omit any provision that has been repealed or that has expired.

(3) A printed document purporting

(

a) to be a copy of a bylaw consolidated under this section, and

(

b) to be printed by authority of the designated officer

is proof, in the absence of evidence to the contrary, of the original bylaw, of all

bylaws amending it and of the fact of passage of the original and all amending

bylaws.

Revision of bylaws

280.2

(1) A council may, by bylaw, authorize the revision of all or any of the bylaws of the

municipality.

(2) A bylaw under subsection (1) may authorize one or more of the following:

(

a) consolidating a bylaw by incorporating in it all amendments to the bylaw;

(

b) omitting and providing for the repeal of a bylaw or a provision of a bylaw

that is expired, inoperative, obsolete, spent or otherwise ineffective;

(

c) omitting, without providing for its repeal, a bylaw or a provision of a bylaw

that is of a transitional nature or that refers only to a particular place, person

or thing or that has no general application throughout the municipality;

(

d) combining 2 or more bylaws into one, dividing a bylaw into 2 or more

bylaws, moving provisions from one bylaw to another and creating a bylaw

from provisions of one or more bylaws;

(

e) altering the citation and title of a bylaw and the numbering and arrangement

of its provisions;

(

f) adding, changing or omitting a note, heading, title, marginal note, diagram,

map, plan or example to a bylaw;

(

g) omitting the

preamble and

long title of a bylaw;

(

h) omitting forms or schedules contained in a bylaw that can more conveniently be contained in a resolution, and adding to the bylaw authority for

forms or schedules to be established by resolution;

(

i) correcting clerical, grammatical and typographical errors;

(

j) making changes, without changing the substance of the bylaw, to bring out

more clearly what is considered to be the meaning of a bylaw or to improve

the expression of the law.

Revision may consolidate existing bylaws into municipal code

280.3

(1) Subject to this Act, a bylaw under

section 280.2 may authorize a revision to

consolidate and revise bylaw provisions respecting any or all matters within the

jurisdiction of the municipality into a comprehensive general bylaw.

(2) Without limiting the authority of a council under subsection (1), a comprehensive

general bylaw consolidated under that subsection may be cited as provided in

section 259.1.

(3) Changes to a comprehensive general bylaw consolidated under subsection (1) are

subject to all requirements that would apply to the exercise of the powers by

separate bylaws.

Bylaw required to adopt revision

280.4

(1) In order to be effective, a revised bylaws must be adopted by bylaw.

(2) Before a bylaw under subsection (1) is given third reading, the municipal clerk

must certify that the proposed revised bylaw has been revised in accordance with

the bylaw authorizing the revision.

(3) After a proposed revised bylaw is certified under subsection (2) and before it is

adopted, it may only be amended if the change made by the amendment is in

accordance with the bylaw authorizing the revision.

(4) A bylaw under subsection (1) must specify the date on which the revised bylaw

is to come into force.

(5) A revised bylaw adopted under this

section is deemed to have been adopted as if

all requirements respecting the approval and adoption of the bylaw provision for

which a provision in the revised bylaw is substituted have been met.

Effect of revised bylaws

280.5

(1) When a revised bylaw comes into force, the bylaw provisions that it revises are

repealed to the extent that they are incorporated in the revised bylaw.

(2) A reference in an enactment or document to a provision of a bylaw that has been

repealed under subsection (1) is deemed, in respect of any transaction, matter or

thing occurring after the revised bylaw comes into force, to be a reference to the

provision of the revised bylaw that has been substituted for the repealed

provision.

(3) A revised bylaw does not operate as new law but has effect and must be

interpreted as a consolidation of the law contained in the bylaw provisions

replaced by the revised bylaw.

(4) To the extent that a provision of a revised bylaw has the same effect as the

provision of a previous bylaw for which it is substituted, the provision of the

revised bylaw operates retrospectively as well as prospectively and is deemed to

have come into force on the date on which the previous bylaw provision came

into force.

(5) If a provision of a revised bylaw does not have the same effect as the provision of

a previous bylaw for which it is substituted,

(

a) the provision of the previous bylaw prevails with respect to all transactions,

matters and things occurring before the date on which the revised bylaw

comes into force, and

(

b) the provision of the revised bylaw prevails with respect to all later transactions, matters and things.

Correction of revision errors

280.6

(1) If an error is made in the revision of a bylaw and the revised bylaw has been

adopted under

section 280.4, the error may be corrected by bylaw in accordance

with the bylaw authorizing the revision.

(2) A bylaw under subsection (1) is deemed to have been adopted as if all requirements respecting the approval and adoption of a bylaw provision for which the

provision in the revised bylaw was substituted have been met.

Section 287 (1) is amended

(

a) by repealing paragraph (

k) and substituting the following:

(

k) a trustee of a body of the Islands Trust under the

Islands Trust Act ; , and

(

b) by repealing paragraph (

o) and substituting the following:

(

o) a volunteer who participates in the delivery of services by a municipality,

regional district or a body referred to in paragraphs (

c) to (

k) under the

supervision of an officer or employee of the municipality, regional district

or any of those bodies; .

Section 292 is repealed.

Section 302 (2) is repealed.

Section 307 (3) and (4) is repealed and the following substituted:

(3) Before adopting a bylaw under subsection (2), the council must provide the

electors with an opportunity to petition against the proposed bylaw by counter

petition process in accordance with

section 212.1.

Section 312 (2) is repealed and the following substituted:

(2) A council may, by bylaw, withdraw land from a municipal forest reserve if the

electors are given an opportunity to petition against the proposed bylaw by

counter petition process in accordance with

section 212.1 and the counter petition

is not sufficient.

(2.1) In addition to the information required by

section 212.1 (4), the notice of a

counter petition under subsection (2) of this

section must state

(

a) the purpose for which the council intends to withdraw the land from the

municipal forest reserve, and

(

b) if this is in relation to a sale of the land, the price that is to be received.

Section 319 is amended by adding the following subsection:

(3) As an exception to

section 316 (1), a council may assume and continue an

existing lease that has a term or terms that exceed in total 99 years, if the lease is

assumed in relation to an agreement for the transfer of property from the

Section 322 is repealed and the following substituted:

Power to convey land to school board

322 A council may, by bylaw, transfer to the board of school trustees having jurisdiction

in the municipality, in trust for school purposes, any land reserved or acquired by the

municipality for school purposes.

Section 329 (4) is repealed.

Section 342 (4) is repealed and the following substituted:

(4) A bylaw under subsection (2) is deemed to have been approved by the electors if

the electors are given an opportunity to petition against the proposed bylaw by

counter petition process in accordance with

section 212.1 and the counter petition

is not sufficient.

(4.1) In addition to the information required by

section 212.1 (4), the notice of a

counter petition under subsection (4) of this

section must

(

a) identify the eligible heritage property that would be subject to the bylaw,

and

(

b) describe the exemption that would be made for the eligible heritage

property.

Section 343.1 (5) is repealed and the following substituted:

(5) A bylaw under subsection (2) is deemed to have been approved by the electors if

the electors are given an opportunity to petition against the proposed bylaw by

counter petition process in accordance with

section 212.1 and the counter petition

is not sufficient.

(5.1) In addition to the information required by

section 212.1 (4), the notice of a

counter petition under subsection (5) of this

section must

(

a) identify the eligible riparian property that would be subject to the bylaw,

and

(

b) describe the exemption that would be made for the eligible riparian

property.

Section 348 (7) and (8) is repealed and the following substituted:

(7) The council may agree to rescind or amend an agreement made under this section,

including rescission or amendment of a covenant, provision or condition included

by reason of subsection (6).

Section 382 is repealed and the following substituted:

Adjustments required if assessments are set aside or varied

(1) If an assessment is set aside or varied after the date of the adoption of the annual

rates bylaw, the collector must

(

a) make the necessary adjustment in the records, and

(

b) report on that adjustment to the council.

(2) The amount of any tax as amended under this

section is the amount of taxes

imposed for the current year on the property affected and, despite the terms of a

receipt given by the collector, any excess paid must be refunded and any balance

unpaid is taxes due and payable.

Section 452 (7) is repealed and the following substituted:

(7) If the inspector approves a bylaw under subsection (6), the inspector may direct

that

(

a) the assent of the electors be obtained, or

(

b) the electors be given an opportunity to petition against the proposed bylaw

by counter petition process in accordance with

section 212.1.

Section 455 is amended by adding the following subsection:

(5.1) The power to adopt a loan authorization bylaw may not be exercised through the

adoption of a comprehensive general bylaw under

section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw

under

section 280.3.

Section 458 is repealed and the following substituted:

Requirement for assent of the electors

(1) Except as otherwise provided, a loan authorization bylaw requires the assent of

the electors.

(2) Assent of the electors to a loan authorization bylaw is not required if the money

to be borrowed is for one or more of the following:

(

a) local improvements under sections 620 to 645;

(

b) subject to subsection (3), capital expenditures for

(

i) drainage, sewerage or water works,

(ii) a utility, or

(iii) a project that is wholly or partly financed by the government of

Canada;

(

c) works under an order of the Inspector of Dikes;

(

d) works required to be carried out pursuant to an order under

section 32 of the

Waste Management Act ;

(

e) works required to be carried out pursuant to an order of the minister or the

Lieutenant Governor in Council under the Environment Management Act .

(3) Subsection (2) (

b) applies only if

(

a) the proposed bylaw has been approved by the inspector,

(

b) after approval of the inspector, the electors are given an opportunity to

petition against the proposed bylaw by counter petition process in

accordance with

section 212.1 and the counter petition is not sufficient, and

(

c) the bylaw is adopted by at least 2/3 of the members of council.

(4) The notice of a counter petition under subsection (3)

(

a) must include, in addition to the information required by

section 212.1 (4),

(

i) the amount proposed to be borrowed, and

(ii) the length of time for repayment, and

(

b) may describe the proposed work by reference to a plan of the work.

85 The following

section is added:

Borrowing to cover judgments and awards in legal proceedings

458.1

(1) A council may, by loan authorization bylaw adopted without the assent of the

electors but with the approval of the inspector, borrow money required for one or

more of the following:

(

a) to comply with an order or requirement to pay money into the Supreme

Court as security

(

i) for payment of a judgment or other debt,

(ii) for damages or costs, or

(iii) for the costs of an appeal from the decision of a court or an arbitrator;

(

b) to satisfy a judgment or other order of a court against the municipality;

(

c) to satisfy an award resulting from an arbitrator's determination of liability

or quantum of damages against the municipality, including orders of the

arbitrator related to that determination.

(2) A debt under this

section is not required to conform with the capital expenditure

program bylaw under

section 329.

Section 459 (5) is repealed and the following substituted:

(5) A council may, by bylaw adopted by 2/3 of the members and without the assent

of the electors, vary the works, services and allocations in a comprehensive loan

authorization bylaw.

(5.1) Before adopting a bylaw under subsection (5), the council must provide the

electors with an opportunity to petition against the proposed bylaw by counter

petition process in accordance with

section 212.1.

Section 474 is repealed and the following substituted:

Cancellation and destruction of debentures

474 If for any reason debentures are to be cancelled and destroyed, they must be cancelled

and destroyed under the supervision of the mayor, the municipal treasurer and the

auditor.

Section 477 is amended

(

a) in subsection (2) by striking out "the approval of the inspector and" , and

(

b) in subsection (3) by striking out "by bylaw adopted with the approval of the

inspector," and substituting "by bylaw," .

Section 484 (1) is repealed and the following substituted:

(1) Instead of investing sinking fund money under

section 483, a council may

(

a) purchase debentures of the municipality, maturing not later than the sinking

fund debentures, or

(

b) invest in securities of the Greater Vancouver Water District, if the municipality is in or partly in the district.

Section 488 is amended

(

a) in subsection (1) by striking out "may, by bylaw adopted with the approval of the

inspector," and substituting "may, by bylaw," , and

(

b) in subsection (3) by striking out "may, by bylaw adopted with the approval of the

inspector," and substituting "may, by bylaw," .

Section 489 (1) is amended by striking out "may, by bylaw adopted with the approval of

the inspector," and substituting "may, by bylaw," .

Section 499 (3) is repealed and the following substituted:

(3) Before adopting a bylaw under subsection (1), the council must provide the

electors with an opportunity to petition against the proposed bylaw by counter

petition process in accordance with

section 212.1.

Section 502 is amended by striking out "by bylaw adopted with the approval of the

inspector," and substituting "by bylaw," .

Section 508 is amended

(

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

(3) Promptly after a person is appointed or terminated as auditor, the clerk must give

the person written notice of the appointment or termination. , and

(

b) by repealing subsection (4).

Section 509 is repealed.

Section 510 (5) and (6) is repealed.

Section 512 (1) is repealed and the following substituted:

(1) The auditor must report in writing to the council and to the inspector each

defalcation or irregularity in the funds, accounts, assets, liabilities and financial

obligations of the municipality and of its administrative bodies.

Section 517 (1) (

e) and (

f) is repealed and the following substituted:

(

e) make agreements with other local governments, improvement districts, the

Provincial government or the federal government, for the use of fire fighting

and assistance response equipment and personnel inside or outside the

municipality, on terms and for remuneration agreed to by the parties to the

agreement;

(

f) make agreements with other local governments, improvement districts, the

Provincial government or the federal government, or with any other person

or other properly constituted authority,

(

i) for the providing of fire protection and assistance response by, for or

on behalf of the owners or occupiers of property located inside or

outside the municipality, and

(ii) for the paying or collecting of agreed charges for it.

Section 550 (2) is repealed and the following substituted:

(2) The powers under subsection (1) may be exercised outside the municipality but,

before adopting the applicable bylaw, the council must obtain the consent of the

other affected local government as follows:

(

a) if the area outside the municipality is another municipality, the consent of

the council of that other municipality is required;

(

b) if the area outside the municipality is not another municipality, the consent

of the regional district board for the area is required.

Section 574 (4) and (5) is repealed and the following substituted:

(4) A council may, by bylaw, extend drainage or sewerage systems outside the

municipality, and may acquire property, easements and rights of way for such a

system.

(5) As a limit on subsection (4), before adopting a bylaw under that subsection, the

council must obtain the consent of the other affected local government as follows:

(

a) if the area outside the municipality is another municipality, the consent of

the council of that other municipality is required;

(

b) if the area outside the municipality is not another municipality, the consent

of the regional district board for the area is required.

Section 575 (3) is amended by adding the following paragraph:

(

e) for charges in relation to sewerage facilities of

the Greater Vancouver Sewerage and Drainage District, any of the factors under

section 7C (2) (

b) and (

c) of the Greater Vancouver Sewerage and Drainage

District Act .

Section 576 is amended

(

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

(1) Adjoining or contiguous municipalities that maintain municipally-owned

sewerage systems may, by bylaw, make agreements for the use, exchange, lease

or sale, on agreed terms, of a sewer

(

a) laid or installed along or in the neighbourhood of the boundary line between

the contracting municipalities, or

(

b) laid by one municipality in the other municipality. , and

(

b) by repealing subsection (3).

Section 577 (4) and (5) is repealed and the following substituted:

(4) For works referred to in subsection (1) (

a) and (b), a council may, by bylaw,

(

a) provide for their establishment outside the municipality, and

(

b) set a scale of charges and make regulations for the use of the works

wherever located.

(5) Before adopting a bylaw under subsection (4), the council must obtain the

consent of the other affected local government as follows:

(

a) if the area outside the municipality is another municipality, the consent of

the council of that other municipality is required;

(

b) if the area outside the municipality is not another municipality, the consent

of the regional district board for the area is required.

Section 591 (1) is amended by striking out "with the approval of the minister and" .

Section 594 is repealed and the following substituted:

Municipal utilities: gas, electricity and water

(1) Subject to

section 598, a council may, by bylaw, provide for the establishment

and use inside or outside the municipality of one or more of the following:

(

a) a gasworks;

(

b) a gas distribution system;

(

c) plants to supply electrical energy;

(

d) an electrical energy distribution system;

(

e) a water distribution system.

(2) A work or system referred to in subsection (1) may be established or used for any

purpose for the inhabitants of the municipality or for the inhabitants of the municipality and an adjacent locality.

(3) A bylaw under subsection (1) (

a) to (

d) may only be adopted with the assent of

the electors.

(4) The council of a municipality that has established a water distribution system

under subsection (1) (

e) may, by bylaw, expropriate any works, including real

property, required for the operation, maintenance and protection of the works

supplying the water.

(5) If a municipality that has established a water distribution system under

subsection (1) (

e) is supplying water to an adjacent locality and wishes to charge

a greater amount for water supplied to that locality, it must obtain the approval of

the inspector for the proposed charge before charging the greater amount.

(6) If the municipality does not obtain the approval referred to in subsection (5), it is

deemed to have charged the user the same rate as a user within the municipality

and an overpayment may be recovered in a court of competent jurisdiction as a

simple contract debt.

Section 595 is amended by striking out ", by bylaw with the assent of the electors and the

approval of the minister," wherever it appears and substituting ", by bylaw adopted with

the assent of the electors," .

Section 600 (3) is repealed.

Section 603 (1) is repealed and the following substituted:

(1) A council may, by bylaw, establish the conditions under which the

municipality will extend a utility system.

Section 605 (1) and (2) is repealed and the following substituted:

(1) A council may, by bylaw adopted with the assent of the electors, dispose of a

plant for the supply of water, water distribution system, gasworks, gas distribution system, plant for the supply of electrical energy, electrical energy distribution system, transportation system, telephone system, closed circuit television

system or television rebroadcasting system, including any licences, rights and

privileges inherent to it.

(2) A council may, by bylaw adopted with the approval of the inspector, dispose of a

portion of any work or system referred to in subsection (1).

(2.1) Before approving a proposed bylaw under subsection (2), the inspector may

require

(

a) that the council obtain the assent of the electors in the municipality or in the

area affected by the proposed disposition, as directed by the inspector, or

(

b) that the electors in the municipality or in the area affected by the proposed

disposition, as directed by the inspector, be given an opportunity to petition

against the bylaw by counter petition process in accordance with

section 212.1.

(2.2) The inspector may define the area of the municipality affected by the proposed

disposition for the purposes of subsection (2.1).

Section 607 is amended

(

a) in subsection (1) by striking out "by bylaw adopted with the assent of the electors and

the approval of the minister," and substituting "by bylaw adopted with the assent of

the electors," , and

(

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

(2) Despite subsection (1) (b), an agreement under that provision may, with the

approval of the inspector, be renewed for one or more further terms, each of

which must not be longer than 21 years.

(3) Before approving the renewal of an agreement under subsection (2), the inspector

may require that the assent of the electors be obtained or that the electors be given

an opportunity to petition against the proposed agreement by counter petition

process in accordance with

section 212.1.

(4) For the purposes of subsections (2) and (3), a subsequent agreement to supply gas

to the inhabitants of the municipality made between the parties to an agreement

under subsection (1) (b), or their successors, heirs or assigns, is deemed to be a

renewal of the agreement.

Section 614 is repealed and the following substituted:

Exchange of dedicated land

(1) If a municipality is entitled to possession and control of land under

section 613,

the council may, by bylaw, dispose of a portion of that land in exchange for other

land suitable for a park or public square.

(2) A bylaw under subsection (1) may provide that, instead of taking land in

exchange, the proceeds of the disposal are to be placed to the credit of a reserve

fund under and subject to

section 496 for the purpose of acquiring park lands.

(3) Before adopting a bylaw under subsection (1), the council must provide the

electors with an opportunity to petition against the proposed bylaw by counter

petition process in accordance with

section 212.1.

(4) All deeds executed under this

section have effect as a Crown grant, free of any

dedication to the public for the purpose of a park or a public square.

(5) 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 in the Crown with right of possession

in the municipality.

Section 622 (1) is repealed and the following substituted:

(1) A council may, by bylaw adopted with the assent of the electors, provide that all

or any works that may be undertaken as local improvements must be undertaken

as local improvements and not otherwise.

Section 623 (2) is amended by striking out "adopted with the approval of the inspector" .

Section 628 is amended by adding the following subsection:

(3) The power to adopt a bylaw under

section 623 or 624 may not be exercised

through the adoption of a comprehensive general bylaw under

section 259.1 and

bylaws under those sections may not be consolidated into a comprehensive

general bylaw under

section 280.3.

Section 629 (3) (

d) is amended by striking out "section 634 (1) (c);" and substituting

"section 634 (1) (b);" .

Section 634 (1) is repealed and the following substituted:

(1) A council must not undertake any class of work under this Division unless it has,

by general bylaw applicable to all works of that class, done one of the following:

(

a) established

(

i) the annual charge, for each unit of taxable frontage, to be specially

charged against parcels benefiting from or abutting that class of work

and the number of years for which the annual charge is to be imposed,

and

(ii) the percentage of the aggregate of the charges that will be accepted

as the commuted value;

(

b) established the proportion of the cost of the class of work to be specially

charged against the parcels benefiting from or abutting the work as the

owners' portion of the cost of the work.

Section 644 (3) is repealed.

Section 646 is amended by adding the following subsection:

(2.1) The power to adopt a bylaw under subsection (1) may not be exercised through

the adoption of a comprehensive general bylaw under

section 259.1 and a bylaw

under that subsection may not be consolidated into a comprehensive general

bylaw under

section 280.3.

Section 647 (2) is repealed and the following substituted:

(2) A council may, by bylaw, provide for the application of all or part of the net

current revenue derived from the operation of parking meters in the specified area

to the provision of off-street parking facilities within the specified area, including

the repayment of debt and interest on the provision of those facilities.

Section 648 is amended

(

a) by repealing subsection (3), and

(

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

(7) Before adopting a bylaw under subsection (6), the council must give the electors

in the whole of the municipality an opportunity to petition against the proposed

bylaw by counter petition process in accordance with

section 212.1.

Section 649 (2) and (3) is repealed and the following substituted:

(2) Section 646 (6) applies to a bylaw under subsection (1) of this section, with the

modification that the requirement for assent, petition or council initiative referred

to in that provision applies only in relation to the area to be included or excluded

from the specified area and not to the rest of the specified area.

Section 650 is amended

(

a) by repealing subsections (2) and (3) and substituting the following:

(2) A bylaw under subsection (1) may merge the specified areas while providing that

repayment of any debt of one or more of the former specified areas that is

outstanding at the time of merger is to continue to be borne by the applicable

former specified area.

(3) If there is outstanding debt of a former specified area that is not kept separate

under subsection (2),

section 646 (6) applies to the bylaw under subsection (1) of

this section, with the modification that the requirement for assent, petition or

council initiative referred to in

section 646 (6) applies separately to each specified

area being merged.

(3.1) Section 646 (6) does not apply to the bylaw under subsection (1) of this

section if

(

a) there is no outstanding debt of any former specified area, or

(

b) the outstanding debt of each former specified area is kept separate under

subsection (2). , and

(

b) by repealing subsection (6).

Section 677 (3) is repealed and the following substituted:

(3) Money received by the Union of British Columbia Municipalities under

subsection (1) must be placed in a separate licence fee account, and the money

may be paid out of the account for any of the following:

(

a) licence plate or licence decal production expenses;

(

b) the expenses of conducting the audit under subsection (4);

(

c) other related expenses;

(

d) payments to participating municipalities.

Section 683 is repealed.

Section 694 (1) (

n) is repealed and the following substituted:

(

n) require the maintenance of "residential premises"

and "residential property", as defined in the Residential Tenancy Act ,

that are subject to a "tenancy agreement" as defined in that Act, in accordance

with the standards specified in the bylaw, to the extent that the standards

do not exceed those established by the building code for British Columbia established

by the minister under

section 692.

126 The following

section is added:

Requirement for security

694.1

(1) A council or an official authorized by the council may, as a condition of issuing

a permit or authorizing the moving of a building under

section 694, require a

person to provide security by, at the person's option, an irrevocable letter of credit

or the deposit of securities in a form satisfactory to the local government, in an

amount stated in the permit or authorization.

(2) Interest on security under subsection (1) becomes part of the security.

(3) Security under this

section may only be used by the municipality to repair or

replace

(

a) a highway, including sidewalks and boulevards,

(

b) a public work, or

(

c) other municipal property

that has been altered or damaged by an activity related to the subject matter of the

permit or authorization.

(4) Any amount of security under this

section that is not required for a purpose

referred to in subsection (3) must be returned to the person who provided the

security.

Section 702 is repealed.

Section 707 is repealed and the following substituted:

Animal pounds

(1) A council may, by bylaw, do one or more of the following:

(

a) provide for the seizure, impounding and detention of unlicensed dogs, and

of dogs, horses, cattle, poultry, rabbits and other animals unlawfully at

large;

(

b) establish, maintain and operate facilities as pounds;

(

c) regulate and establish the fines and fees, including damages for trespassing

on private property, to be levied and collected by pound keepers;

(

d) provide for the sale or destruction of animals and birds impounded if the

fines, fees and other charges are not paid within a reasonable time.

(2) Pounds may be established under subsection (1) (

b) outside the municipality but,

before adopting the applicable bylaw, the council must obtain the consent of the

other affected local government as follows:

(

a) if the area outside the municipality is another municipality, the consent of

the council of that other municipality is required;

(

b) if the area outside the municipality is not another municipality, the consent

of the regional district board for the area is required.

(3) The powers under subsection (1) may be exercised jointly with an improvement

district or with the Minister of Agriculture, Fisheries and Food, or both.

(4) If subsection (3) applies, the Livestock Protection Act operates only in so far as it

does not conflict with this Act or a bylaw adopted under this Act.

Section 717 is repealed and the following substituted:

Power to acquire sundry property for specific purposes

(1) A council may, by bylaw, acquire, hold, use, manage and improve property inside

or outside the municipality for any of the following public purposes:

(

a) an airport, seaplane harbour or landing area for aircraft;

(

b) a small boat harbour, shelter or marina;

(

c) a manufactured home park;

(

d) a slaughterhouse or abattoir;

(

e) providing facilities required for the convenience of persons in relation to a

facility referred to in paragraphs (

a) to (d);

(

f) providing facilities required for the service and maintenance of a facility

referred to in paragraphs (

a) to (e).

(2) A council may, by bylaw, acquire, hold, use, manage and improve property inside

the municipality for any of the following public purposes:

(

a) a market;

(

b) a weigh house or weigh scales;

(

c) off-street parking facilities.

(3) A council may do one or more of the following:

(

a) construct buildings and structures and equip them for any purpose referred

to in subsection (1) or (2);

(

b) provide for the operation, maintenance, improvement and management of

property acquired, held or used under this section;

(

c) make agreements with other persons for the leasing, subletting or licensing

of property acquired, held, used, managed or improved under this section;

(

d) charge and collect fees for

(

i) access to or use of property acquired, held, used, managed or

improved under this section, and

(ii) the use of space in all or a portion of the property.

(4) Fees under subsection (3) (

d) may be different in relation to one or more of the

following:

(

a) different uses of property;

(

b) different access to property;

(

c) different portions of property;

(

d) different classes of persons.

Section 779 is repealed and the following substituted:

Regional district secretary and treasurer

(1) A board must appoint

(

a) a regional district secretary, and

(

b) a regional district treasurer.

(2) The regional district secretary is an officer of the regional district, having the

same duties and powers as a municipal clerk under

section 239.

(3) The regional district treasurer is an officer of the regional district, having the

same duties and powers as a municipal treasurer under

section 240.

Appointment of officers and employees generally

779.1

(1) Subject to this Act, a board may

(

a) appoint or cause to be appointed persons to offices established by or under

this Act as officer positions for the regional district,

(

b) appoint or cause to be appointed other employees considered necessary for

the good government of the regional district, and

(

c) establish the powers, duties and responsibilities of officers and employees.

(2) In addition to the officer positions established by this Act, a board may, by bylaw,

establish other officer positions for the regional district.

(3) The same person may be appointed to 2 or more offices or positions.

779.2

(1) Subject to the Employment Standards Act , the Labour Relations Code and this

and employees by contract of employment, by collective agreement or by bylaw.

(2) Without limiting subsection (1), a board may establish the remuneration, benefits,

hours of work and manner of appointment, promotion, discipline and dismissal

as terms or conditions of employment.

established by bylaw and those established by contract of employment or

collective agreement, the contract or agreement prevails over the bylaw.

(4) Subject to a contract of employment or a collective agreement, a board may, by

bylaw, designate an officer or an officer position as having authority to appoint,

promote, discipline and dismiss employees, subject to the restrictions and

conditions established by the bylaw.

(5) Sections 249 to 252 apply to officers and employees of a regional district.

Termination of officer

779.3 Subject to a collective agreement or a contract of employment and despite a bylaw, the

engagement of an officer of a regional district may be terminated as follows:

(

a) on reasonable notice, if the termination is approved by at least 2/3 of the

votes cast;

(

b) without notice, for cause, if the termination is approved by a majority of the

votes cast.

Section 782 (4) is repealed and the following substituted:

(4) If jurisdiction for a service is transferred to the municipality by letters patent

under subsection (2), the effective date of the transfer is the date of the letters

patent unless an order under subsection (4.1) applies.

(4.1) The minister may, by order, specify a later date on which the transfer is effective

and, despite

section 803 if such an order is made the jurisdiction of the regional

district governing the service continues in force during the time until that later

date.

Section 791 (7) (

b) is repealed and the following substituted:

(

b) bylaws respecting borrowing under

section 829, 830, 831, 831.1 or 833; .

Section 794 (5) is repealed and the following substituted:

(5) Sections 202 (1) and (2), 207, 211, 257 (1), (3) and (5), 259 to 259.2, 260 to 269

and 280.1 to 280.6 apply for the purposes of this Part.

Section 797 (1) is amended by adding the following paragraph:

(c.1) if the regional district board is authorized to

appoint an approving officer under

section 77.1 of the Land Title Act ,

services related to the approving officer; .

Section 798 (13) is amended by striking out "section 717 (1) to (3)" and substituting

"section 717" .

Section 806 is amended by adding the following subsection:

(2.1) The power to adopt an establishing bylaw for a service may not be exercised

through the adoption of a comprehensive general bylaw under

section 259.1 and

establishing bylaws may not be consolidated into a comprehensive general bylaw

under

section 280.3.

Section 815 is amended by renumbering the

section as

section 815 (1) and by adding the

following subsection:

(2) The costs of providing the general service referred to in

section 797 (1) (c.1),

other than costs recovered by fees and charges payable under

Part 26, must be

recovered from all electoral areas within the regional district on the basis of the

net taxable value of land and improvements in the electoral areas.

Section 828 is amended

(

a) by repealing subsection (1) (

e) and substituting the following:

(

e) the liability is authorized under

section 830, 831 or 831.1. , and

(

b) in subsection (4) by striking out "for capital purposes" after "authorize a debt" .

Section 831 (1) is repealed and the following substituted:

(1) A board may, by a loan authorization bylaw, borrow money for capital purposes

within its powers or for other purposes for which borrowing is authorized by this

Act.

(1.1) The power to adopt a loan authorization bylaw may not be exercised through the

adoption of a comprehensive general bylaw under

section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw

under

section 280.3.

140 The following

section is added:

Borrowing to cover judgments and awards in legal proceedings

831.1

(1) A board may, by loan authorization bylaw adopted without the assent of the

electors but with the approval of the inspector, borrow money required for one or

more of the following:

(

a) to comply with an order or requirement to pay money into the Supreme

Court as security

(

i) for payment of a judgment or other debt,

(ii) for damages or costs, or

(iii) for the costs of an appeal from the decision of a court or an arbitrator;

(

b) to satisfy a judgment or other order of a court against the regional district;

(

c) to satisfy an award resulting from an arbitrator's determination of liability

or quantum of damages against the regional district, including orders of the

arbitrator relating to the determination.

(2) A debt under this

section is not required to conform with the capital expenditure

bylaw under

section 834 (2).

Section 832 is repealed and the following substituted:

Information that must be stated in borrowing bylaw

832 A short term capital borrowing bylaw under

section 830 or a loan authorization bylaw

under

section 831 or 831.1 must state the following:

(

a) the service and, in reasonable detail, the purpose for which the debt is

intended to be created;

(

b) the amount of debt intended to be created;

(

c) the amount of existing outstanding debenture debt of the regional district

authorized

(

i) under sections 830, 831 and 831.1, and

(ii) under

section 835;

(

d) the amount of debenture debt that is authorized but is not issued

(

i) under sections 830, 831 and 831.1, and

(ii) under

section 835;

(

e) the amount, if any, of principal or interest that is then in arrears on debt

created

(

i) under sections 830, 831 and 831.1, and

(ii) under

section 835.

Section 842 is repealed and the following substituted:

Variable tax rate system

(1) In this section:

"property class" means a property class under the Assessment Act ;

"variable tax rate system" means a system under this

section by which individual

tax rates for a specific taxation year are determined and imposed for each

property class to which the system applies.

(2) Despite

section 825 but subject to the regulations under this section, a board may,

by bylaw, establish an annual variable tax rate system for a specified taxation

year.

(3) A variable tax rate system

(

a) may only apply to tax rates for one or more of the local services of the

regional district,

(

b) may only vary tax rates for property classes 2, 4 and 5, and

(

c) must not result in the ratios between the tax rate for a property class referred

to in paragraph (

b) and the tax rate for property class 1 exceeding either

(

i) the applicable ratio prescribed under subsection (6), if any, or

(ii) the applicable ratio under

section 20 (2) of the Taxation (Rural Area)

Act .

(4) For each local service subject to a variable tax rate system, the bylaw must set out

the ratio between the tax rate for each property class subject to the system and the

tax rate for property class 1.

(5) A bylaw under subsection (2) must be approved by the inspector and, for this

purpose, must be submitted to the inspector by January 31 in the taxation year for

which it is to apply.

(6) Subject to subsection (8), the Lieutenant Governor in Council may make

regulations respecting variable tax rate systems, including regulations doing one

or more of the following:

(

a) prescribing limits on tax rates;

(

b) prescribing ratios between the tax rate for a property class and the tax rate

for property class 1;

(

c) prescribing formulas for calculating the limits or ratios referred to in

paragraph (

a) or (b).

(7) Regulations under subsection (6) may prescribe different tax limits, ratios or

formulas in relation to one or more of the following:

(

a) different property classes;

(

b) different regional districts;

(

c) different services;

(

d) different service areas;

(

e) different types of participating areas.

(8) A regulation under subsection (6) may not prescribe a ratio for the purposes of

subsection (3) (

c) that would exceed the applicable ratio established under

section

20 (2) of the Taxation (Rural Area) Act .

Section 847 is repealed and the following substituted:

Legal proceedings

(1) Sections 236, 281 to 292, 293 (2) and (3), 294, 297 and 298 apply to a regional

district and its board.

(2) The amount required by a board

(

a) for a payment authorized under

section 236,

(

b) to satisfy a judgment or other order of a court against the regional district, or

(

c) to satisfy an award or other order of an arbitrator against the regional district

must be apportioned among the participating areas on the same basis as the

service out of which the action arose.

(3) As an exception to subsection (2), if the action arose from the negligence of a

board, the amount is to be apportioned in the same manner as that set out in

section 820 (3).

Section 885 (3) is repealed and the following substituted:

(3) Section 212 applies to a petition under this section.

Section 906 (5) is repealed.

Section 927 (2) is amended by striking out "a note of the filing under subsection (1)" and

substituting "a note of the filing under subsection (1) or (3)" .

Section 933 (8) is repealed and the following substituted:

(8) Despite a bylaw under subsection (1),

(

a) if an owner has, with the approval of the local government, provided or paid

the cost of providing a specific work or service, outside the boundaries of

land being subdivided or developed, that is included in the calculations used

to determine the amount of a development cost charge, the cost of the work

or service must be deducted from the class of development cost charge that

is applicable to the work or service, and

(

b) if a work required to be provided under an agreement under

section 937.1 (2) is included in the calculations used to determine the

amount of a development cost charge, the following amounts are to be

deducted from the development cost charge that would otherwise be

payable for that class of work:

(

i) for a development cost charge payable by a developer for a work

provided by the developer under the agreement, the amount

calculated as

(

A) the cost of the work

less

(

B) the amount to be paid by the municipality to the developer under

section 937.1 (3) (b), other than an amount that is an interest

portion under

section 937.1 (6) (c);

(ii) for a development cost charge payable by a person other than the

developer referred to in subparagraph (i), the amount calculated as

(

A) the amount charged under

section 937.1 (2) (

b) to the owner of

the property

less

(

B) any interest portion of that charge under

section 937.1 (6) (c).

148 The following

section is added:

Development works agreements with private developers

937.1

(1) In this section:

"development works agreement" means an agreement under subsection (2);

"works" means

(

a) providing, constructing, altering or expanding sewage, water, drainage and

highway facilities, other than off-street parking facilities, and

(

b) improving park land.

(2) Subject to this section, a council may, by bylaw,

(

a) enter into an agreement with a developer for the provision of works by the

municipality or by the developer,

(

b) provide a formula for imposing all or part of the cost of the works on the

owners of real property in the area subject to the agreement,

(

c) specify when the costs imposed under the formula become a debt payable

by the owners to the municipality,

(

d) provide that, until the debt is paid, the council, an approving officer, a

building inspector or other municipal authority is not obliged to

(

i) approve a subdivision plan, strata plan, building permit, development

permit, development variance permit or zoning bylaw necessary for

the development of real property of a debtor in the area subject to the

agreement, or

(ii) do any other thing necessary for the development of real property of

a debtor in the area subject to the agreement, and

(

e) provide for borrowing the amount required for the municipality to provide

a work under the agreement.

(3) Without limiting the matters that may be dealt with in a development works

agreement, the agreement

(

a) must specify

(

i) the area that is the subject of the agreement,

(ii) the works that are to be provided under the agreement,

(iii) for each work, which party is to provide it, and

(iv) for each work, when it is to be provided,

(

b) if the developer is to provide works under the agreement, must provide for

the payment to the developer of charges collected under this

section by the

municipality from owners within the area subject to the agreement, and

(

c) may require the developer to provide security acceptable to the council to

ensure compliance with the agreement.

(4) A bylaw under subsection (2) must not be adopted unless at least one of the

following requirements has been met:

(

a) the bylaw has received the assent of the electors in the area that is subject to

the development works agreement;

(

b) no sufficient petition against the development works agreement has been

presented to council after it has given notice of intention to adopt the bylaw;

(

c) a sufficient petition for the development works agreement has been

presented to the council.

(5) Sections 629 to 632 apply for the purposes of subsection (4) (

b) and (c), except

that information required in the notice of intention or on each page of the petition

for the agreement is the following:

(

a) an identification of the proposed development works agreement, including

the information referred to in subsection (3) (a);

(

b) a statement of the proposed formula as referred to in subsection (2) (b);

(

c) an identification of when the costs imposed under the formula are proposed

to become a debt payable to the municipality as referred to in

subsection (2) (c);

(

d) an identification of any proposed authority referred to in subsection (2) (d);

(

e) a statement of any proposed borrowing referred to in subsection (2) (e).

(6) A formula under subsection (2) (b)

(

a) may be based on the actual cost or on the estimate of the cost as established

by the development works agreement,

(

b) must provide for the distribution of all or part of the cost among the owners

of real property in the area subject to the agreement, and

(

c) may provide for increasing the charge payable by owners by an annual

interest rate specified in the bylaw.

(7) The time limit specified under subsection (2) (

c) must not be later than the time

at which a building permit is issued for the property.

(8) At the time specified under subsection (2) (c), the charge imposed under the

formula on an owner constitutes a debt of the owner to the municipality.

(9) The failure of the municipality to collect the debt at the time of an approval or the

doing of any other thing referred to in subsection (2) (

d) does not affect the

collectibility of the debt.

(10) A bylaw that provides for borrowing under subsection (2) (

e) is deemed to be a

loan authorization bylaw under

Part 12, except that assent of the electors as

referred to in

section 458 is not required.

Section 938 is amended

(

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

(2) A bylaw under subsection (1) may be different in relation to one or more of the

following:

(

a) different circumstances;

(

b) different areas;

(

c) different land uses;

(

d) different zones;

(

e) different classes of highways. , and

(

b) by adding the following subsection:

(3.1) Before it is adopted, a bylaw under subsection (1) (

a) or (

b) that establishes

standards or requirements in relation to highways in an area outside a municipality

(

a) must be approved by the Minister of Transportation and Highways, if the

regional district provides the general service referred to in

section 797 (1)

(c.1), and

(

b) may be approved by the Minister of Transportation and Highways for the

purposes of

section 13.1 (4) of the Highway Act.

Section 940 is amended by adding the following subsection:

(3) As an exception, security may not be provided under

subsection (2) to a regional district in relation to the construction of a highway

unless a designated highways official, as defined in the Land Title Act ,

approves the provision of security for that purpose.

Section 942 (6) (

b) is repealed and the following substituted:

(

b) the amount of land that may be required under

section 941 (1) (

a) or used

for establishing the amount that may be paid under

section 941 (1) (b).

Section 983 (2) is repealed.

Municipal Finance Authority Act

Section 3 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is repealed and

the following substituted:

Objects of the authority

3 The objects of the authority are the following:

(

a) providing financing of

(

i) capital requirements, and

(ii) borrowing under

section 458.1 or 831.1 of the Municipal Act

for regional districts and for their member municipalities by the issue of its

securities and the lending of the proceeds from those securities to the

regional district on whose request the financing is undertaken;

(

b) providing interim financing and lease financing for institutions for the

purposes referred to in sections 11 and 11.1;

(

c) providing short term investment opportunities for institutions by the establishment and operation of pooled investment funds under

section 16.

154 The following

section is added:

Financing in relation to local government leases

11.1

(1) The authority may enter into agreements to provide financing as follows:

(

a) to a person who is a party to a contract, lease or other agreement with a

municipality under

section 451 or 452 (1) to (4) of the Municipal Act ;

(

b) to a person who is a party to a contract, lease or other agreement with a

regional district under

section 828 (1) (

a) to (

d) of the Municipal Act ;

(

c) to a person who is a party to a contract, lease or other agreement with an

institution prescribed under subsection (5) if that agreement is within a

class prescribed for that institution under that subsection.

(2) For the purposes of subsection (1), the trustees may borrow sums of money and

issue securities of the authority.

(3) Section 10 applies, but sections 9, 14, 15 and 26 do not apply, to financing

agreements made and securities issued under this section.

(4) Securities issued for the purposes of this

section must be payable on or before 10

years from the date of their issuance.

(5) For the purposes of allowing financing to be provided under subsection (1) (c),

the Lieutenant Governor in Council may, by regulation, prescribe

(

a) eligible institutions, and

(

b) classes of eligible agreements in relation to a prescribed institution.

Section 16 is amended

(

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

(1) The authority may enter into agreements with public institutions and institutions

established in the agreements, the authority, in its own name or otherwise, holds

and invests money received from the institution for the purpose of investment in

pooled investment funds as permitted for the institution. , and

(

b) by adding the following subsection:

(7) The Lieutenant Governor in Council may, by regulation, prescribe institutions as

institutions for which investments services may be provided under this section.

Municipalities Enabling and Validating Act

156 The Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, is amended by

adding the following section:

Retroactive effect

255.1

(1) Sections 251 to 255, brought into force on September 20, 1996 by B.C.

Reg. 259/96, are deemed to have come into force on December 2, 1985 and are

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

(2) All things done that would have been validly done had sections 251 to 255 in fact

been in force on and after December 2, 1985 are conclusively deemed to have

been validly done.

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

Municipalities Enabling and Validating Act (No. 2)

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

by adding the following section:

Validation of airport transfer leases and airport fees

38 If, before this

section comes into force, a local government has entered into an

authority relating to an airport to the local government, sections 319 (3) and 717 of the

Municipal Act, as enacted by the Local Government Statutes Amendment Act (No.2),

1997 , apply to that local government and its jurisdiction retroactively to the date on

which the agreement was entered into.

Real Estate Act

Section 60 (1) of the Real Estate Act, R.S.B.C. 1996, c. 397, is amended by repealing the

definition of "approving officer" and substituting the following:

"approving officer" means approving officer as

defined in the Land Title Act ; .

Resort Municipality of Whistler Act

Schedule B of the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407, is amended

section 4 by striking out "Plans 5608, 6495, 10785 and 17369" and substituting "Plans

5608, 6495 and 10785" .

Vancouver Charter

Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended

(

a) in the definition of "assessor" by striking out " Assessment Authority of British

Columbia Act " and substituting " Assessment Authority Act " ,

(

b) by repealing the definition of " land titles office " and substituting the following:

"land title office" means the office of the Vancouver Land Title District, and " registered ", when used in respect of real property, means registered in that office; ,

and

(

c) in the definition of " protected heritage property " by striking out "section 6 (2) of

the Heritage Conservation Act " and substituting "section 13 (2) of the Heritage

Conservation Act " .

Section 2.1 is amended

(

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

(1) Sections 23, 218, 580 to 582, 612 and 670 to 678, Division 2 of

Part 22, sections

726 (3) and 744, Parts 24 and 25 and

section 931 (6) of the Municipal Act apply

to the city. , and

(

b) in subsection (3) by adding ", R.S.B.C. 1960, c. 261," after " Municipalities Enabling

and Validating Act " and by adding ", S.B.C. 1990, c. 61," after " Municipalities

Enabling and Validating Act (No. 2) " .

Section 22 (2) (c) (ii) is amended by striking out "Division (17) of

Part 2 of the Municipal

Act " and substituting "Division 17 of

Part 3 of the Municipal Act " .

Section 38 (2) (c) (ii) is amended by striking out "Division (17) of

Part 2 of the Municipal

Act " and substituting "Division 17 of

Part 3 of the Municipal Act " .

Section 152 (6) is amended by striking out "Section 89 of

the Trustee Act ." and substituting "Section 87 of the Trustee

Act ."

Section 177 is amended by striking out " Public Inquiries Act " and substituting " Inquiry

Act " .

Section 180 (6) is amended by striking out "in relation to the action that give rise" and

substituting "in relation to the action that gives rise" .

Section 194 is amended

(

a) by striking out "the provisions of the Daylight Saving Act " and substituting

"section 26 of the

Interpretation Act " , and

(

b) by striking out "as defined by the

Interpretation Act " and substituting "as defined in

section 25 (7) of the

Interpretation Act " .

Section 206 (2) (

b) is amended by striking out "section 215 of the Land Title Act " and

substituting "section 219 of the Land Title Act " .

Section 239 is repealed and the following substituted:

Issue of securities to cover debt

(1) In respect of a debt contracted under

section 236, the by-law may provide for the

issue of debentures or other evidence of debt, the interest on which is payable

annually or semi-annually and the principal of which is payable as provided in

the by-law.

(2) A by-law under subsection (1) must provide that a sum is to be levied and raised

by way of real-property taxes or special levy, charge, rate or tax, in each year

sufficient for whichever of the following is applicable:

(

a) to make the annual payments for interest and principal;

(

b) if it is anticipated that the revenue from the undertaking for which the debt

is created will be insufficient to meet the annual payments, to make up that

deficiency.

(3) As an exception, if all or part of the money required to be levied and raised in any

year under this

section has been provided in advance in accordance with either or

both of sections 247A and 262, then the money so provided need not be levied

and raised in that year.

Section 279 is amended by striking out " Government Liquor Act " and substituting " Liquor

Control and Licensing Act " .

Section 279A is amended

(

a) in subsection (1.1) by striking out "and

Schedule A of, the Holiday Shopping Regulation Act. " and substituting "and the

Schedule of, the Holiday Shopping Regulation

Act. " , and

(

b) by repealing subsection (5).

Section 279B (5) is amended by striking out "section 932.1 (3) of the Municipal Act " and

substituting "section 726 (3) of the Municipal Act " .

Section 279C (1) (

d) is amended by striking out "section 932.1 (3) of the Municipal Act "

and substituting "section 726 (3) of the Municipal Act " .

Section 289 is amended

(

a) in subsection (1) by striking out "section 5 of the Highway Act " and substituting

"section 3 of the Highway Act " ,

(

b) in subsection (2) by striking out " Land Titles Act " and substituting " Land Title

Act " , and

(

c) in subsection (3) by striking out "Vancouver Land Titles District" and substituting

"Vancouver Land Title District" .

Section 291A is amended

(

a) in subsections (1) and (7) by striking out " Land Titles Act " and substituting " Land

Title Act " , and

(

b) in subsections (7) and (8) by striking out "land titles office" wherever it appears and

substituting "land title office" .

Section 291B is amended

(

a) by striking out "Vancouver Land Titles District" and substituting "Vancouver Land

Title District" , and

(

b) by striking out "section 288 of the Land Titles Act " and substituting "section 308 of

the Land Title Act " .

Section 292 (4) is amended by striking out " Land Titles Act " and substituting " Land Title

Act " .

Section 302 is amended

(

a) by repealing paragraphs (

c) and (

d) and substituting the following:

Basic sewer and drainage levy

(

c) by by-law, for requiring the owner or occupier of any parcel of real property

that is capable of being served by a sewer or drain to pay a levy to the city

for the opportunity to use the sewer or drain, whether or not the parcel is

connected with the sewer or drain, which levy may vary in relation to

different classes of property as established by the Council, including but not

limited to classes based on the area of the property or on the area of the

property covered by impermeable material;

Sewer and drainage use charges

(

d) by by-law, for requiring the owner or occupier of any parcel of real property

to pay a charge to the city on the use of a sewage or drainage system, which

charge may vary in relation to one or more of the following as established

by the Council:

(

i) different classes of property, including but not limited to classes

based on the area of the property or on the area of the property

covered by impermeable material;

(ii) different classes of users;

(iii) the number, size and type of connections;

(iv) the quantity of water delivered to the property;

(

v) the area of the parcel that is covered by impermeable material;

(vi) the volume of drainage flowing from the property, as measured or

estimated by the City Engineer;

(vii) different classes of effluents;

(viii) the volume and quality of each class of effluent discharged by the

user, as measured or estimated by the City Engineer;

(ix) for charges in relation to sewerage facilities of

the Greater Vancouver Sewerage and Drainage District, any of the factors under

section 7C (2) (

b) and (

c) of the Greater Vancouver Sewerage and Drainage

District Act ; , and

(

b) by adding the following paragraph:

Levy and charges to be paid

(i.1) by by-law, for compelling the payment of the levies and charges under

paragraphs (

c) to (i), including providing that such a levy or charge be

inserted in the real-property tax roll with respect to the parcels to which it

relates; .

Section 303 and the heading before it are repealed and the following substituted:

Solid Waste

Powers of Council

303 The Council may provide for the following:

Solid waste disposal system

(

a) establishing and maintaining a system for the collection, removal, transfer,

disposal and recycling of solid waste, being discarded matter including

materials that are recyclable;

(

b) acquiring, managing and maintaining real property, inside or outside the

city, and for erecting, equipping, managing and maintaining the transfer

facilities, recycling facilities, disposal facilities, buildings, incinerators,

machinery and all other equipment, facilities and plant as may be necessary

for or ancillary to any of the purposes of the solid waste system;

Requiring persons to use system

(

c) by by-law, compelling persons to make use of the solid waste system;

in relation to one or more of the following as established by the Council:

(

i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(

v) different classes of solid waste services;

(

e) by by-law, requiring all persons to conform with the applicable terms and

conditions established under paragraph (d);

Basic solid waste levy

(

f) by by-law, requiring any owner or occupier of any parcel of real property

that is capable of being served by the solid waste system to pay a levy to the

city for the opportunity to use the system, whether or not they in fact use the

system, which levy may vary in relation to one or more of the following as

established by the Council:

(

i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(

v) different classes of solid waste services;

User charges

(

g) by by-law, setting charges for use of the solid waste system, which charges

may vary in relation to one or more of the following as established by the

Council:

(

i) different classes of waste;

(ii) different classes of users;

(iii) different classes of property;

(iv) different quantities of waste;

(

v) different classes of solid waste services;

Compelling payment of levy and charges

(

h) by by-law, compelling the payment of levies and charges under paragraphs

(

f) and (g), including providing that such a levy or charge be inserted in the

real-property tax roll with respect to the parcels to which it relates;

Exemptions

paragraph (

d) on the basis that

(

i) the person or property does not require the service,

(ii) the person has a physical disability, or

(iii) there are restrictions or limitations related to the configuration of the

real property or access to the real property;

Delegation to City Engineer

(

j) by by-law, delegating to the City Engineer authority to do one or more of

the following:

(

i) prohibit materials from the solid waste system that the City Engineer

considers are hazardous or unsuitable to be handled by the system;

(ii) define which materials are to be considered recyclable for the

purposes of the solid waste system;

(iii) determine the acceptability of solid waste containers and their

locations;

(iv) determine applications for exemptions authorized by by-law;

(

v) vary the level of service provided by the solid waste system among

classes as defined by by-law;

Contracting for solid waste disposal services

(

k) entering into contracts with persons for all or part of the collection, removal,

disposal, recycling and transferring services of the solid waste system on

Regulation of solid waste services

(

l) by by-law, regulating persons engaged in the business of removing,

collecting, transferring, recycling and disposing of solid waste;

Regulation of direct disposal

(

m) by by-law, regulating the means of disposal used by persons who dispose of

their own solid waste.

Section 310 (

e) is repealed and the following substituted:

Entering into agreements with other local governments

(

e) make agreements with municipalities, regional districts, the Provincial

government or the Federal government for the provision of the city's fire

fighting services, or use of the city's fire fighting equipment or communication or dispatch systems, inside or outside the city; .

Section 316 is amended by striking out " Public Utilities

Act ." and substituting " Utilities Commission Act ."

Section 317 (1) is amended

(

a) in paragraph (

m) by striking out "subject to the Public Utilities Act, " ,

(

b) in paragraph (o) (ii) by striking out "the Motor-vehicle

Act, the Public Utilities Act ," and substituting " Motor

Vehicle Act " , and

(

c) in paragraph (

s) by striking out " Motor-vehicle Act " and substituting " Motor Vehicle

Act " .

Section 321 is amended by striking out "land titles office" and substituting "land title

office" .

Section 324A (1) is amended by striking out "land titles office" and substituting "land title

office" .

Section 327 is repealed.

Section 330 (

c) is amended by striking out " Government Liquor Act " and substituting

" Liquor Control and Licensing Act " .

Section 374.1 is amended by striking out "section 26

(8) of the Assessment Act ." and substituting "section 19

(14) of the Assessment Act ."

Section 374.4 is amended

(

a) in subsection (4) (b) (iii) by striking out "section 26 (8) of the Assessment Act " and

substituting "section 19 (14) of the Assessment Act " and by striking out "section 26

(4), 28 or 29 of that Act," and substituting "section 19 (8), 23 or 24 of that Act," , and

(

b) in subsection (5) (

a) by repealing subparagraphs (

i) to (

v) and substituting the

following:

(

i) section 824 of the Municipal Act ,

(ii) sections 119 and 137 of the School Act .

(iii)

section 17 of the Assessment Authority Act ,

(iv) sections 15 and 17 of the Municipal Finance Authority Act ,

(

v) sections 14 and 17 of the British Columbia Transit

Act , and .

Section 395A is amended

(

a) in subsection (9) by striking out " Land Titles Act ,"

and substituting " Land Title Act ," , and

(

b) in subsection (11) by striking out "land titles office" and substituting "land title

office" .

Section 396 is amended

(

a) in subsection (1) (

d) by striking out " Civil Defence Act , "

and substituting " Emergency Program Act ," , and

(

b) by adding the following subsections:

(5) As limits on the exemptions under subsection (1),

(

a) subject to subsection (6), an exemption under subsection (1) does not apply

in relation to

(

i) water use rates under

section 300 (a),

(ii) sewer and drainage charges under

section 302 (d), and

(iii) solid waste charges under

section 303 (g), and

(

b) exemptions

(

i) under subsection (1) (b),

(ii) for a library under subsection (1) (c) (i),

(iii) for a cemetery under subsection (1) (c) (i),

(iv) for senior citizens' housing under subsection (1) (c) (

i) or (g),

(

v) under subsection (1) (c) (ii), or

(vi) under subsection (1) (c) (iv)

apply only in relation to taxation under

section 373.

(6) The limit under subsection (5) (

a) does not apply in relation to the interest of the

Crown in Crown lands exempted under subsection (1) (

a) or to property exempted

under subsection (1) (

e) or (e.01).

Section 396A (1) (

c) is amended by striking out "section 215 of the Land Title Act " and

substituting "section 219 of the Land Title Act " .

Section 409 is repealed and the following substituted:

Special charges that are to be collected as real-property taxes

(1) A charge or levy imposed under

section 300, 302 or 303, or any other charge or

levy lawfully inserted in the real-property tax roll,

(

a) is a charge or lien on the real property on or in respect of which the charge

or levy is imposed,

(

b) has priority over any claim, lien, privilege or encumbrance of any person

except the Crown, and

(

c) does not require registration to preserve it.

(2) The amount of a charge or levy referred to in subsection (1) is to be collected in

the same manner and with the same remedies as ordinary real-property taxes

under this Act.

(3) A charge referred to in subsection (1) that is due and payable by December 31 and

unpaid on that date is deemed to be delinquent taxes and must promptly be

entered as such on the real-property tax roll by the Collector of Taxes.

Appeal against spec