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2003 Legislative Session: 4th Session, 37th 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 8th day of

May, 2003

Ian D. Izard, Law Clerk

HONOURABLE TED NEBBELING

MINISTER OF STATE FOR

COMMUNITY CHARTER

BILL 14 – 2003

COMMUNITY CHARTER

Contents

Section

Part 1 – Principles, Purposes and

Interpretation

Principles of municipal governance

Principles of municipal-provincial relations

Purposes of Act

Broad

interpretation

Definitions and other

interpretation rules

Part 2 – Municipal Purposes and Powers

Division 1 – Purposes and Fundamental Powers

Municipalities and their councils

Municipal purposes

Fundamental powers

Spheres of concurrent authority

Division 2 – Scope of Jurisdiction

Relationship with Provincial laws

Area of jurisdiction

Division 3 – Ancillary Powers

Services outside municipality

Intermunicipal service, regulatory and other schemes

Licensing and standards authority

Authority to enter on or into property

Municipal action at defaulter's expense

Authority to discontinue providing a service

Requirements for security to be paid to municipality

Emergency powers

Part 3 – Additional Powers and Limits on Powers

Division 1 – Partnering and Other Agreements

Partnering agreements

Agreements granting exclusive or limited franchises

Agreements with other public authorities

Division 2 – Restrictions on Providing Assistance

Publication of intention to provide certain kinds of assistance

General prohibition against assistance to business and exceptions

Division 3 – Municipal Property

Notice of proposed property disposition

Exchange or other disposal of park land

Disposal of water systems, sewage systems and other utilities

Municipal ownership of subdivision park land

Reservation and dedication of municipal property

Division 4 – Expropriation and Compensation

General expropriation power

Authority to enter on and use property

Compensation for expropriation and other actions

Appropriation of stream channel or bed without compensation

Division 5 – Highways

Ownership and possession of highways

General authority in relation to highways

Intermunicipal boundary highways

Temporary traffic restriction and traffic control

Additional powers in relation to highways

Permanent closure and removal of highway dedication

Restrictions in relation to highway disposition, closure or alteration

Agreements respecting compensation for extraordinary traffic

Agreements respecting municipal equipment on utility poles

Agreements to reserve land for highway purposes

Highway construction and dikes

Use of highways and public places

Division 6 – Animal Control

Classes of animals

Seizure and related powers

Special powers in relation to dangerous dogs

Division 7 – Authority in relation to Trees

Restrictions in relation to authority

Compensation not payable

Right to reconsideration by council

Division 8 – Building Regulation

General authority in relation to buildings and other structures

Building permits and occupancy permits

Requirement for professional certification

Requirement for geotechnical report

Note against land title that building regulations contravened

Cancellation of note against land title

Division 9 – Business Regulation

Powers to require and prohibit

Business licence authority

Restriction on authority to require examination or certification

Division 10 – Other Spheres

Public place powers

Protection of persons and property

Nuisances, disturbances and other objectionable situations

Signs and other advertising

Division 11 – Other Powers

Fire chief powers

Disposal of property in police possession

Restriction on authority to fluoridate

Specific authority in relation to drainage, sewage and dikes

Drainage control

Orders and awards respecting drainage or reclamation works

Division 12 – Remedial Action Requirements

Council may impose remedial action requirements

Hazardous conditions

Declared nuisances

Harm to drainage or dike

Time limit for compliance

Notice to affected persons

Person affected may request reconsideration by council

Shorter time limits in urgent circumstances

Recovery of municipal costs through sale of property

Part 4 – Public Participation and Council Accountability

Division 1 – Elections, Petitions and Community Opinion

Election proceedings

Petitions to council

Council may seek community opinion

Division 2 – Approval of the Electors

Approval of the electors

Assent of the electors

Alternative approval process

Matters requiring approval or assent may be combined

Agreements requiring approval or assent

Division 3 – Open Meetings

General rule that meetings must be open to the public

Meetings that may or must be closed to the public

Other persons attending closed meetings

Requirements before meeting is closed

Application of rules to other bodies

Division 4 – Public Notice and Access to Records

Requirements for public notice

Public access to municipal records

Agreements that require elector approval or assent

Other records to which public access must be provided

Division 5 – Reporting

Annual municipal report

Annual meeting on report

Division 6 – Conflict of Interest

Disclosure of conflict

Restrictions on participation if in conflict

Restrictions on inside influence

Restrictions on outside influence

Exceptions from conflict restrictions

Restrictions on accepting gifts

Disclosure of gifts

Disclosure of contracts with council members and former council members

Restrictions on use of insider information

Court order for person to give up financial gain

Division 7 – Disqualification

Circumstances in which a person is disqualified from office on council

Application to court for declaration of disqualification

Status of a person subject to an application

Costs of an application

Part 5 – Municipal Government and Procedures

Division 1 – Council Roles and Responsibilities

Council as governing body

Responsibilities of council members

Responsibilities of mayor

Duty to respect confidentiality

Size of council

Term of office for council members

Oath or affirmation of office

Resignation from office

Division 2 – Council Proceedings

Exercise of powers by bylaw or resolution

General voting rules

Procedure bylaws

Council meetings

Calling of special council meetings

Notice of council meetings

Electronic meetings and participation by members

Quorum for conducting business

Designation of member to act in place of mayor

Mayor may require council reconsideration of matter

Authority of presiding member

Expulsion from meetings

Authority to compel witnesses

Division 3 – Bylaw Procedures

Requirements for passing bylaws

When a bylaw comes into force

Power to amend or repeal

Municipal codes and other general bylaws

Consolidation of bylaws

Revision of bylaws

Division 4 – Committees, Commissions and Other Bodies

Standing committees of council

Select committees of council

Municipal commissions

Authority to rescind appointment

Application of procedure rules to other bodies

Division 5 – Officers and Employees

Officer positions

Chief administrative officer

Corporate officer

Financial officer

General employment matters

Suspension of officers and employees

Termination of officers

Prohibition against interfering with municipal officers and employees

Division 6 – Delegation

Delegation of council authority

Special rules respecting delegation of hearings and other proceedings

Reconsideration of delegate's decisions

Division 7 – Other Matters

Municipal days of recognition

Freedom of the municipality

Notice to municipality

Notice by municipality: obligation satisfied if reasonable effort made

Court order allowing substituted service

Certified copies of municipal records

Evidence of municipal bylaws and other records

Part 6 – Financial Management

Division 1 – Financial Planning and Accountability

Fiscal year

Financial plan

Public process for development of financial plan

Annual financial statements

Reporting of council remuneration, expenses and contracts

Division 2 – Audit

Municipal auditor

Audit committee

Auditor's reports

Complaints to council or auditor about financial affairs

Division 3 – Expenditures, Liabilities and Investments

Limit on expenditures

Limit on borrowing and other liabilities

Liabilities under agreements

Liabilities imposed under prescribed enactments

Revenue anticipation borrowing

Short term capital borrowing

Loan authorization bylaws for long term borrowing

Elector approval required for some loan authorization bylaws

Temporary borrowing under loan authorization bylaw

Municipal financing through regional district

Investment of municipal funds

Property accepted in trust

Ownership of corporations

Self insurance

Indemnification against proceedings

Division 4 – Reserve Funds

Establishment of reserve funds

Use of money in reserve funds

Division 5 – Restrictions on Use of Municipal Funds

Purposes for which borrowed money may be used

Liabilities for use of money contrary to Act

Part 7 – Municipal Revenue

Division 1 – General

General revenue sources

Authority for fees and taxes

Division 2 – Fees

Municipal fees

Fees in relation to soil removal and deposit

Fees in relation to fire and security alarm systems

Division 3 – Property Value Taxes

Annual property tax bylaw

Assessment averaging and phasing options

Property tax rates regulations

Division 4 – Parcel Taxes

Parcel tax bylaw

Property subject to parcel tax

Parcel tax roll for purpose of imposing tax

Content of parcel tax roll

Parcel tax roll review panel

Review panel to hear complaints and make corrections

Authentication of parcel tax roll

Appeal to Supreme Court from review panel decision

Updating the parcel tax roll

Validity of parcel tax roll

Division 5 – Local Service Taxes

Authority for local area services

Requirements for establishing a local area service

Petition for local area service

Local area service on council initiative – subject to petition against

Local area service on council initiative – subject to elector assent

Business improvement areas

Local service taxes

Borrowing in relation to a local area service

Enlargement or reduction of local service area

Merging of local service areas

Division 6 – Statutory Exemptions

General statutory exemptions

Grandparented pollution abatement exemptions

Phased farm property tax exemption

Exemptions under regulations

Division 7 – Permissive Exemptions

General authority for permissive exemptions

Partnering, heritage, riparian and other special exemption authority

Revitalization tax exemptions

Notice of permissive tax exemptions

Division 8 – Tax Liability of Occupiers

Taxation of Crown land used by others

Taxation of municipal land used by others

Taxation of occupier of exempt land

Division 9 – General Revenue Collection Authority

Recovery of taxes and fees

Collection agreements with other taxing authorities

Division 10 – Property Tax Due Dates and Tax Notices

Options for tax due dates

General tax collection scheme

Alternative municipal tax collection scheme

Owner may elect which scheme to use

General tax notices

Persons may request copies of tax notices

Division 11 – Adjustments to Taxes

Interest on overpayment of taxes

Adjustments for assessment changes

Taxation based on supplementary roll

Apportionment of property value taxes if land subdivided

Apportionment of parcel taxes if land subdivided

Division 12 – Payment of Taxes

Application of tax payments

Taxes in arrear

Delinquent taxes

Treatment of outstanding taxes on subdivision or cancellation of subdivision

Statement of outstanding taxes

Certificate of outstanding taxes

Division 13 – Recovery of Taxes

Taxes are a special charge on the land

Liability of assessed owner

Recovery of taxes by the legal remedy of distress

Power to accept real property in place of taxes

Tax sales

Notice of delinquent taxes on Crown land

Recovery of taxes on Crown land subject to an agreement for sale

Recovery of taxes on Crown land held under lease or licence

Division 14 – Recovery of Special Fees

Special fees may be collected as property taxes

Special fees that are liens against property

Part 8 – Bylaw Enforcement and Related Matters

Division 1 – Bylaw Enforcement

Enforcement powers

Payment of fines and other penalties to municipality

Recovery of penalty by legal remedy of distress

Division 2 – Offence Act prosecutions

Penalties in relation to Offence Act prosecutions

Division 3 – Ticketing for Bylaw Offences

Ticket offences

Penalties in relation to ticket offences

Laying information and serving ticket

Choice of paying fine or disputing ticket

Effect of paying fine

Hearing of dispute

Failure to appear at hearing

Failure to respond to ticket

Time extensions if person not at fault in failing to respond or appear

Regulations in relation to ticket offences

Division 4 – Enforcement by Civil Proceedings

Actions by municipality

Division 5 – Other Matters

Entry warrants

Part 9 – Governmental Relations

Division 1 – Provincial-Municipal Relations

Required consultations

Consultation agreements

Enforcement of obligations

No forced amalgamations

Division 2 – Provincial Regulations

Regulations providing exemptions from approval requirements

Regulations providing additional powers and exceptions

General regulation authority

Variation authority

Division 3 – Dispute Resolution

Request for assistance in relation to intergovernmental dispute

Voluntary binding arbitration

Mandatory binding arbitration

Final proposal arbitration

Full arbitration

General provisions regarding arbitration process

Implementation of arbitrator's decision

Regulations respecting arbitrations

Commencement

Schedule –

Definitions and Rules of

Interpretation

Definitions

Application of Local Government Act

definitions

Special rule for Mountain Time Zone

References to municipal officers

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada