Community Charter

May 29, 2003

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Principles, Purposes and

Interpretation

Principles of municipal governance

Municipalities and their councils are recognized as an order of government within their jurisdiction that

is democratically elected, autonomous, responsible and accountable,

is established and continued by the will of the residents of their communities, and

provides for the municipal purposes of their communities.

In relation to subsection (1), the Provincial government recognizes that municipalities require

adequate powers and discretion to address existing and future community needs,

authority to determine the public interest of their communities, within a legislative framework that supports balance and certainty in relation to the differing interests of their communities,

the ability to draw on financial and other resources that are adequate to support community needs,

authority to determine the levels of municipal expenditures and taxation that are appropriate for their purposes, and

authority to provide effective management and delivery of services in a manner that is responsive to community needs.

Principles of municipal-provincial relations

The citizens of British Columbia are best served when, in their relationship, municipalities and the Provincial government

acknowledge and respect the jurisdiction of each,

work towards harmonization of Provincial and municipal enactments, policies and programs, and

foster cooperative approaches to matters of mutual interest.

The relationship between municipalities and the Provincial government is based on the following principles:

the Provincial government respects municipal authority and municipalities respect Provincial authority;

the Provincial government must not assign responsibilities to municipalities unless there is provision for resources required to fulfill the responsibilities;

consultation is needed on matters of mutual interest, including consultation by the Provincial government on

proposed changes to local government legislation,

proposed changes to revenue transfers to municipalities, and

iii

proposed changes to Provincial programs that will have a significant impact in relation to matters that are within municipal authority;

the Provincial government respects the varying needs and conditions of different municipalities in different areas of British Columbia;

consideration of municipal interests is needed when the Provincial government participates in interprovincial, national or international discussions on matters that affect municipalities;

the authority of municipalities is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally;

the Provincial government and municipalities should attempt to resolve conflicts between them by consultation, negotiation, facilitation and other forms of dispute resolution.

Purposes of Act

The purposes of this Act are to provide municipalities and their councils with

a legal framework for the powers, duties and functions that are necessary to fulfill their purposes,

the authority and discretion to address existing and future community needs, and

the flexibility to determine the public interest of their communities and to respond to the different needs and changing circumstances of their communities.

Broad

interpretation

The powers conferred on municipalities and their councils under this Act or the Local Government Act must be interpreted broadly in accordance with the purposes of those Acts and in accordance with municipal purposes.

an enactment confers a specific power on a municipality or council in relation to a matter, and

the specific power can be read as coming within a general power conferred under this Act or the Local Government Act ,

the general power must not be interpreted as being limited by that specific power, but that aspect of the general power that encompasses the specific power may only be exercised subject to any conditions and restrictions established in relation to the specific power.

Definitions and other

interpretation rules

The

Schedule to this Act establishes

definitions of terms used in this Act and rules of

interpretation that apply to this Act.

Municipal Purposes and Powers

Purposes and Fundamental Powers

Municipalities and their councils

A municipality is a corporation of the residents of its area.

The governing body of a municipality is its council.

New municipalities may be established, and the boundaries of existing municipalities may be altered, in accordance with

Part 2 [Incorporation of Municipalities and Regional Districts] of the Local Government Act .

Municipal purposes

The purposes of a municipality include

providing for good government of its community,

providing for services, laws and other matters for community benefit,

providing for stewardship of the public assets of its community, and

fostering the economic, social and environmental well-being of its community.

Fundamental powers

A municipality has the capacity, rights, powers and privileges of a natural person of full capacity.

A municipality may provide any service that the council considers necessary or desirable, and may do this directly or through another public authority or another person or organization.

A council may, by bylaw, regulate, prohibit and impose requirements in relation to the following:

municipal services;

public places;

trees;

firecrackers, fireworks and explosives;

bows and arrows, knives and other weapons not referred to in subsection (5);

cemeteries, crematoriums, columbariums and mausoleums and the interment or other disposition of the dead;

the health, safety or protection of persons or property in relation to matters referred to in

section 63 [protection of persons and property] ;

the protection and enhancement of the well-being of its community in relation to the matters referred to in

section 64 [nuisances, disturbances and other objectionable situations] ;

public health;

protection of the natural environment;

animals;

buildings and other structures;

the removal of soil and the deposit of soil or other material.

A council may, by bylaw, regulate and impose requirements in relation to matters referred to in

section 65 [signs and other advertising] .

A council may, by bylaw, regulate and prohibit in relation to the discharge of firearms.

A council may, by bylaw, regulate in relation to business.

The powers under subsections (3) to (6) to regulate, prohibit and impose requirements, as applicable, in relation to a matter

are separate powers that may be exercised independently of one another,

include the power to regulate, prohibit and impose requirements, as applicable, respecting persons, property, things and activities in relation to the matter, and

may not be used to do anything that a council is specifically authorized to do under

Part 14 [Planning and Land Use Management] or

Part 15 [Heritage Conservation] of the Local Government Act .

As examples, the powers to regulate, prohibit and impose requirements under this

section include the following powers:

to provide that persons may engage in a regulated activity only in accordance with the rules established by bylaw;

to prohibit persons from doing things with their property;

to require persons to do things with their property, to do things at their expense and to provide security for fulfilling a requirement.

A municipality must make available to the public, on request, a statement respecting the council's reasons for adopting a bylaw under subsection (3), (4), (5) or (6).

Powers provided to municipalities under this

section

are subject to any specific conditions and restrictions established under this or another Act, and

must be exercised in accordance with this Act unless otherwise provided.

For certainty,

the authority under subsection (2) does not include the authority to regulate, prohibit or impose requirements, and

for the purposes of subsection (3) (a), a service does not include an activity that is merely the exercise of authority to regulate, prohibit or impose requirements and related enforcement.

Spheres of concurrent authority

This

section applies in relation to the following:

bylaws under

section 8 (3) (i) [public health] ;

bylaws under

section 8 (3) (j) [protection of the natural environment] ;

bylaws under

section 8 (3) (k) [animals] in relation to wildlife;

[Repealed 2015-2-47.]

bylaws under

section 8 (3) (m) [removal and deposit of soil and other material] that

prohibit soil removal, or

prohibit the deposit of soil or other material, making reference to quality of the soil or material or to contamination.

For certainty, this

section does not apply to

a bylaw under

section 8 [fundamental powers] that is under a provision not referred to in subsection (1) or is in respect of a matter to which subsection (1) does not apply,

a bylaw that is authorized under a provision of this Act other than

section 8, or

a bylaw that is authorized under another Act,

even if the bylaw could have been made under an authority to which this

section does apply.

Recognizing the Provincial interest in matters dealt with by bylaws referred to in subsection (1), a council may not adopt a bylaw to which this

section applies unless the bylaw is

in accordance with a regulation under subsection (4),

in accordance with an agreement under subsection (5), or

approved by the minister responsible.

The minister responsible may, by regulation, do the following:

establish matters in relation to which municipalities may exercise authority as contemplated by subsection (3) (a), either

by specifying the matters in relation to which they may exercise authority, or

by providing that the restriction under subsection (3) only applies in relation to specified matters;

provide that the exercise of that authority is subject to the restrictions and conditions established by the regulation;

provide that the exercise of that authority may be made subject to restrictions and conditions specified by the minister responsible or by a person designated by name or title in the regulation.

The minister responsible may enter into an agreement with one or more municipalities that has the same effect in relation to the municipalities as a regulation that could be made under subsection (4).

a regulation or agreement under this

section is amended or repealed, and

the effect of the amendment or repeal is that bylaws that previously did not require authorization under subsection (3) would now require that authorization,

those bylaws affected that were validly in force at the time of the amendment or repeal continue in force as if they had been approved by that minister.

Scope of Jurisdiction

Relationship with Provincial laws

A provision of a municipal bylaw has no effect if it is inconsistent with a Provincial enactment.

For the purposes of subsection (1), unless otherwise provided, a municipal bylaw is not inconsistent with another enactment if a person who complies with the bylaw does not, by this, contravene the other enactment.

Area of jurisdiction

A municipality and its council may only exercise or perform their powers, duties and functions within the boundaries of the municipality, unless authorized under this or another Act.

The natural person powers of a municipality may be exercised outside the boundaries of the municipality.

If a municipality has established works or facilities outside the boundaries of the municipality for the purposes of a municipal service, the council's power to regulate, prohibit and impose requirements in relation to the use of those works and facilities may be exercised outside the boundaries of the municipality.

Ancillary Powers

A municipal bylaw under this Act may do one or more of the following:

make different provisions for different areas, times, conditions or circumstances as described by bylaw;

establish different classes of persons, places, activities, property or things;

make different provisions, including exceptions, for different classes established under paragraph (b).

Services outside municipality

A municipality may provide a service in an area outside the municipality, but it must first obtain consent as follows:

if the area is in another municipality, the council must obtain the consent of the council of the other municipality;

if the area is not in another municipality and is not treaty lands, the council must obtain the consent of the regional district board for the area.

limits on the service to be provided in its area, and

the process for terminating provision of the service in its area.

Services within treaty lands

13.1

A municipality may provide a service within treaty lands under an agreement with the treaty first nation.

limits on the service to be provided under the agreement, and

the process for terminating provision of the service under the agreement.

Intermunicipal service, regulatory and other schemes

Two or more municipalities may, by bylaw adopted by the council of each participating municipality, establish an intermunicipal scheme in relation to one or more matters for which they have authority under this Act or the Local Government Act .

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

provide that the bylaws of one or more of the participating municipalities in relation to the matters dealt with by the scheme apply in other participating municipalities;

provide that the municipal powers, duties and functions of one or more of the participating municipalities may be exercised in relation to the scheme in another participating municipality;

provide that the council of one or more of the participating municipalities may delegate under Division 6 [Delegation] of

Part 5 [Municipal Government and Procedures] to council members, council committees, officers, employees and other bodies referred to in

section 154 (1) [delegation of council authority] of another participating municipality;

restrict a participating municipality from separately exercising its authority in relation to the matters dealt with by the scheme;

establish the process by which a participating municipality may withdraw from the scheme.

2.1

A regional district and one or more municipalities may, by bylaw adopted by the board of the regional district and by bylaw adopted by the council of each participating municipality, establish an intermunicipal scheme in relation to the regulation of business.

2.2

Subject to the regulations, a bylaw under subsection (2.1) may provide for matters in respect of which regulations may be made under

section 282 (2) (b.1) [general regulation authority] .

If an intermunicipal service scheme is established under subsection (1), this

section applies rather than

section 13.

If an intermunicipal scheme is established under subsection (2.1), this

section applies rather than

section 13 of this Act and

section 333 [consent required for services outside regional district] of the Local Government Act .

Licensing and standards authority

A council may, in regulating under this Act or the Local Government Act , provide for a system of licences, permits or approvals, including by doing one or more of the following:

prohibiting any activity or thing until a licence, permit or approval has been granted;

providing for the granting and refusal of licences, permits and approvals;

providing for the effective periods of licences, permits and approvals;

establishing

providing for the suspension or cancellation of licences, permits and approvals for

failure to comply with a term or condition of a licence, permit or approval, or

failure to comply with the bylaw;

providing for reconsideration or appeals of decisions made with respect to the granting, refusal, suspension or cancellation of licences, permits and approvals.

A council may, in regulating in relation to a matter under this Act or the Local Government Act ,

establish a standard, code or rule by adopting a standard, code or rule

published by a provincial, national or international body or standards association, or

enacted as or under a law of this or another jurisdiction, including a foreign jurisdiction, and

adopt the standard, code or rule under paragraph (

a) in whole, in part or with any changes considered appropriate, and

as it stands at a specific date, as it stands at the time of adoption or as amended from time to time.

Authority to enter on or into property

This

section applies in relation to an authority under this or another Act for a municipality to enter on property.

The authority may be exercised by officers or employees of the municipality or by other persons authorized by the council.

Subject to this section, the authority includes authority to enter on property, and to enter into property, without the consent of the owner or occupier.

Except in the case of an emergency, a person

may only exercise the authority at reasonable times and in a reasonable manner, and

must take reasonable steps to advise the owner or occupier before entering the property.

The authority may only be used to enter into a place that is occupied as a private dwelling if any of the following applies:

the occupier consents;

the municipality has given the occupier at least 24 hours' written notice of the entry and the reasons for it;

the entry is made under the authority of a warrant under this or another Act;

the person exercising the authority has reasonable grounds for believing that failure to enter may result in a significant risk to the health or safety of the occupier or other persons;

the entry is for a purpose referred to in subsection (6) (

a) in relation to regulations, prohibitions or requirements applicable to the place that is being entered.

Without limiting the matters to which this

section applies, a municipality may enter on property for any of the following purposes:

to inspect and determine whether all regulations, prohibitions and requirements are being met in relation to any matter for which the council, a municipal officer or employee or a person authorized by the council has exercised authority under this or another Act to regulate, prohibit and impose requirements;

to take action authorized under

section 17 (1) [municipal action at defaulter's expense] ;

in relation to

section 18 [authority to discontinue providing a service] , to disconnect or remove the system or works of the service;

to assess or inspect in relation to the exercise of authority under

section 8 (3) (c) [spheres of authority — trees] .

Municipal action at defaulter's expense

The authority of a council under this or another Act to require that something be done includes the authority to direct that, if a person subject to the requirement fails to take the required action, the municipality may

fulfill the requirement at the expense of the person, and

recover the costs incurred from that person as a debt.

Division 14 [Recovery of Special Fees] of

Part 7 [Municipal Revenue] applies to an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements.

Authority to discontinue providing a service

A municipality may, by bylaw, establish circumstances in which it may discontinue providing a municipal utility or other service to a specific property or person

because of unpaid fees or taxes in relation to the service, or

because of non-compliance with the rules established by bylaw or contract respecting the use of the service.

A bylaw under subsection

(1) must include provision for reasonable notice, and

in relation to a discontinuation under subsection (1) (b), must include provision for the persons affected to have an opportunity to make representations to council.

Requirements for security to be paid to municipality

This

section applies if

a bylaw requires a person to provide the municipality with security, or

the council or a person authorized by the council requires a person to provide security to the municipality as a condition of a licence, permit or approval.

The person who is subject to the requirement may, at that person's option, provide the security by

a cash deposit,

an irrevocable letter of credit, or

another form of security satisfactory to the council or the person who imposed the requirement for the security.

The municipality must deal with the security as follows:

interest on the security becomes part of the security;

the security may only be used for the purpose for which it was provided;

any amount not required for that purpose must be returned to the person who provided the security.

Emergency powers

If an emergency within the meaning of the Emergency and Disaster Management Act arises in a municipality, the council has the powers provided under that Act.

If another form of emergency arises in a municipality, the council may declare that the emergency exists and provide for the necessary powers to deal with the emergency.

Additional Powers and Limits on Powers

Partnering and Other Agreements

Partnering agreements

If a municipality enters into a partnering agreement for the provision of a service on behalf of the municipality, the council may

provide assistance, other than tax exemptions, to a business in accordance with the agreement, and

provide assistance by way of a tax exemption in accordance with Division 7 [Permissive Exemptions] of

Part 7 [Municipal Revenue] .

Agreements granting exclusive or limited franchises

A council may, by bylaw adopted with the approval of the electors, enter into an agreement that grants an exclusive or limited franchise for the provision of one or more of the following in accordance with the agreement:

a public transportation system;

water through a water supply system;

sewage disposal through a sewage system;

gas, electrical or other energy supply system.

The maximum term of an initial agreement or a renewal agreement under this

section is 21 years.

Agreements with other public authorities

A council may make agreements with a public authority respecting

activities and services within the powers of a party to the agreement, including agreements respecting the undertaking, provision and operation of activities and services,

operation and enforcement in relation to the exercise of authority to regulate, prohibit and impose requirements within the powers of a party to the agreement, and

the management of property or an interest in property held by a party to the agreement.

An agreement between a municipality and a public authority in another country respecting the provision and operation of works and services has no effect unless it is approved by the Lieutenant Governor in Council.

Restrictions on Providing Assistance

Publication of intention to provide certain kinds of assistance

A council must give notice in accordance with

section 94 [public notice] of its intention to provide any of the following forms of assistance to a person or organization:

disposing of land or improvements, or any interest or right in or with respect to them, for less than market value;

lending money;

guaranteeing repayment of borrowing or providing security for borrowing;

assistance under a partnering agreement.

The notice must be published before the assistance is provided and must

identify the intended recipient of the assistance, and

describe the nature, term and extent of the proposed assistance.

General prohibition against assistance to business and exceptions

Unless expressly authorized under this or another Act, a council must not provide a grant, benefit, advantage or other form of assistance to a business, including

any form of assistance referred to in

section 24 (1) [publication of intention to provide certain kinds of assistance] , or

an exemption from a tax or fee.

A council may provide assistance to a business for one or more of the following purposes:

acquiring, conserving and developing heritage property and other heritage resources;

gaining knowledge and increasing public awareness about the community's history and heritage;

any other activities the council considers necessary or desirable with respect to the conservation of heritage property and other heritage resources.

A council may, by an affirmative vote of at least 2/3 of all the members of council, provide assistance to a business for the conservation of any of the following property:

property that is protected heritage property;

property that is subject to a heritage revitalization agreement under

section 610 of the Local Government Act ;

property that is subject to a covenant under

section 219 of the Land Title Act that relates to the conservation of heritage property.

Municipal Property

Notice of proposed property disposition

Before a council disposes of land or improvements, it must publish notice of the proposed disposition in accordance with

section 94 [public notice] .

In the case of property that is available to the public for acquisition, notice under this

section must include the following:

a description of the land or improvements;

the nature and, if applicable, the term of the proposed disposition;

the process by which the land or improvements may be acquired.

In the case of property that is not available to the public for acquisition, notice under this

section must include the following:

a description of the land or improvements;

the person or public authority who is to acquire the property under the proposed disposition;

the nature and, if applicable, the term of the proposed disposition;

the consideration to be received by the municipality for the disposition.

Exchange or other disposal of park land

This

section applies to land vested in a municipality under

section 29 [subdivision park land] of this Act,

section 510 (13) [provision of park land in relation to subdivision] of the Local Government Act , or

section 567 (5) (a) [provision of park land in place of development cost charges] of the Local Government Act .

A council may, by bylaw adopted with the approval of the electors,

dispose of all or part of the land in exchange for other land suitable for a park or public square, or

dispose of the land, provided that the proceeds of the disposal are to be placed to the credit of a reserve fund under

section 188 (2) (b) [park land acquisition reserve fund] .

Land taken in exchange by a municipality under this

section is dedicated for the purpose of a park or public square and the title to it vests in the municipality.

A transfer of land by a municipality under this

section has effect free of any dedication to the public for the purpose of a park or a public square and

section 30 (3) [removal of park dedication] does not apply.

Disposal of water systems, sewage systems and other utilities

This

section applies to works for one or more of the following:

the supply, treatment, conveyance, storage and distribution of water;

the collection, conveyance, treatment and disposal of sewage;

the supply and distribution of gas or electrical energy;

a transportation system;

a telephone system, closed circuit television system or television rebroadcasting system.

A council has unrestricted authority to dispose of works referred to in subsection (1) if

the works are no longer required for the purpose described in subsection (1), or

the works are disposed of to another municipality in the same regional district or to the regional district.

In the case of works referred to in subsection (1) (

a) or (

b) that are used by a municipality to provide a water or sewer service, the council may only dispose of the works if

an agreement under which the water or sewer service will continue for a period specified in the agreement is in effect, and

the intended disposition and agreement receives the assent of the electors.

In the case of works other than those referred to in subsections (2) and (3), the council may only dispose of the works with the approval of the electors.

Municipal ownership of subdivision park land

Land in a municipality that is dedicated to the public for the purpose of a park or a public square by a subdivision plan, explanatory plan or reference plan deposited in the land title office is vested in the municipality for that purpose.

The vesting under subsection (1) is subject to the exceptions described in

section 107 (1) (

d) of the Land Title Act as if the vesting were under that section.

Reservation and dedication of municipal property

A council may, by bylaw, reserve or dedicate for a particular municipal or other public purpose real property owned by the municipality.

As a restriction, a bylaw under subsection (1) that reserves or dedicates property

as a park or public square, or

for purposes related to heritage or heritage conservation,

may only be adopted by an affirmative vote of at least 2/3 of all the members of council.

A bylaw that removes a reservation or dedication referred to in subsection (2) may only be adopted with the approval of the electors.

A bylaw that removes a reservation or dedication under subsection (1), other than one referred to in subsection (2), may only be adopted after the council

gives notice of its intention in accordance with

section 94 [public notice] , and

provides an opportunity for persons who consider that they are affected by the bylaw to make representations to council.

Bylaws adopted or works undertaken by a council that directly affect property reserved or dedicated under this

section must be consistent with the purpose for which the property is reserved or dedicated.

A reservation or dedication under this

section does not commit or authorize a council to proceed with implementation of the purpose for which the property is reserved or dedicated.

Expropriation and Compensation

General expropriation power

For the purpose of exercising or performing its powers, duties and functions, a municipality may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act .

Without limiting subsection (1), in addition to the rights conferred on licensees under sections 32 [licensee's right to expropriate land] and 33 [licensee's rights when owner refuses compensation] of the Water Sustainability Act , a municipality may expropriate

a licence authorizing the diversion of water from a stream or an aquifer that is suitable for a water supply for the municipality, and

any work constructed or used under authority of the licence.

The powers under subsections (1) and (2) also apply to property outside the municipality for the purposes of

a service provided by the municipality to an area outside the municipality, or

establishing and managing quarries, sand pits or gravel pits to acquire material for municipal works.

Authority to enter on and use property

Without limiting

section 31 [expropriation power] , a municipality may, for the purposes of one or more services of the municipality,

enter on, break up, alter, take or enter into possession of and use real property, and

construct works through, under or over real property.

If a municipality provides a service outside the municipality, the power under subsection (1) applies to property outside the municipality in relation to that service.

If a council considers that real property may be injuriously affected by the exercise of a council power, the municipality may enter on real property and undertake works of construction, maintenance or repair in mitigation of injury done or anticipated, or in reduction of compensation.

In addition to the authority under subsection (1) (b), a municipality may construct works through, under or over land adjoining a highway for the protection of the highway from damage by water.

The authority under this

section may be exercised without the consent of the owner of the property, subject to the restrictions established by

section 16 [authority to enter on or into property] .

Compensation for expropriation and other actions

Unless expressly provided otherwise, if a municipality expropriates real property or works under this or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any benefit that the person claiming the compensation may derive from the work resulting from the expropriation.

If a municipality

exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and

exercises a power referred to in paragraph (

a) that does not constitute an expropriation within the meaning of the Expropriation Act ,

compensation is payable for any loss or damages caused by the exercise of the power.

For the purposes of subsection (2), compensation must be paid as soon as reasonably possible in an amount set

by agreement between the person claiming compensation and the municipality, or

if no agreement is reached, by the Supreme Court.

Appropriation of stream channel or bed without compensation

A council may appropriate the land constituting the channel or bed of a stream that passes through the municipality, without compensation to the owner, for the purpose of constructing one or more of the following:

dikes;

works to maintain the proper flow of water in a stream, ditch, drain or sewer in the municipality;

works to reclaim or to protect part of the land mass of the municipality from erosion by action of the sea or a stream or by any other cause;

works to protect all or part of the banks of the stream from erosion or damage;

works to make a watercourse part of the municipal drainage system, whether the watercourse is on municipal land, private land or a highway;

works through, under or over land adjoining a highway to protect the highway from damage by water.

Before exercising the power under subsection (1), the council must, by bylaw, define the channel or bed of the stream.

A certified copy of every bylaw under subsection (2), together with a plan showing the channel or bed of the stream as defined in the bylaw, must be filed in the land title office.

Highways

Ownership and possession of highways

Subject to this section,

the soil and freehold of every highway in a municipality is vested in the municipality, and

in the case of a highway in a municipality that is not vested under paragraph (a), the right of possession of the highway is vested in the municipality.

Subsection (1) (

a) does not apply to the following:

Provincial arterial highways, including the intersection between a Provincial arterial highway and another highway and any interchange between a Provincial arterial highway and another highway;

highways referred to in

section 23 (1) of the South Coast British Columbia Transportation Authority Act ;

highways in a park, conservancy, recreation area or ecological reserve established under the Park Act , the Ecological Reserve Act or the Protected Areas of British Columbia Act or an area to which an order under

section 7 (1) of the Environment and Land Use Act applies;

highways in a regional park;

a regional trail, other than a regional trail that is part of the road system regularly used by vehicle traffic;

land, including the improvements on it, on which Provincial works such as ferry terminals, gravel pits, weigh scales and maintenance yards are located;

roads referred to in

section 24 of the Forest and Range Practices Act that have not been declared to be public highways;

highways vested in the federal government;

in relation to a reserve as defined in the Indian Act (Canada), highways in the reserve or that pass through the reserve;

public rights of way on private land.

Subsection (1) (

b) does not apply to highways referred to in subsection (2) (

a) to (h).

The vesting under subsection (1) (

a) and the right of possession under subsection (1) (

b) are not adversely affected or derogated from by prescription in favour of any other occupier, and

are subject to any rights reserved by the persons who laid out the highway.

The vesting under subsection (1) (

a) includes the vesting of all statutory rights of way and other easements owned by the Provincial government solely for purposes relating to the drainage of a highway that is vested under that subsection, and the interest of the Provincial government under those easements is transferred to the municipality and the municipality assumes the rights and obligations of the Provincial government in relation to those easements.

The minister responsible for the Transportation Act may file with the land title office an application satisfactory to the registrar of land titles that identifies an easement referred to in subsection (5) and, on filing, the registrar must register ownership of the easement in the name of the municipality.

The vesting under subsection (1) (

a) is subject to the following:

the right of resumption under subsection (8);

the limits referred to in

section 23 (2) of the Land Title Act ;

the exceptions described in

section 50 (1) (a) (ii) to (iv) and (

b) of the Land Act , as if the vesting were made by Crown grant under that Act;

the exceptions described in

section 107 (1) (

d) of the Land Title Act , as if the vesting were under that section.

The Provincial government may, by order of the Lieutenant Governor in Council, resume the property or interest vested in a municipality under subsection (1) (a), if the Lieutenant Governor in Council considers that this is required

for the purpose of or in relation to a Provincial arterial highway,

for any other transportation purpose, or

for the purpose of or in relation to a park, conservancy, recreation area or ecological reserve established or proposed to be established under the Park Act , the Ecological Reserve Act or the Protected Areas of British Columbia Act or an area to which an order under

section 7 (1) of the Environment and Land Use Act applies.

An order under subsection (8) (

a) or (

b) may only be made on the recommendation of the minister responsible for the Transportation Act , and an order under subsection (8) (

c) may only be made on the recommendation of the minister responsible for the applicable Act referred to in that subsection.

The minister responsible for the Transportation Act , after consultation with the minister responsible for this Act, may

by order, cancel the Provincial government's right of resumption under subsection (8) in relation to a specified highway or in relation to highways within a specified area, or

by regulation, specify circumstances in which the Provincial government's right of resumption is cancelled without a specific order.

For certainty, a council may grant a licence of occupation or an easement, or permit an encroachment, in respect of a highway that is vested in the municipality under subsection (1) (a).

This

section does not apply to a highway for which the municipality has purchased or taken the land and for which title is registered in the name of the municipality.

General authority in relation to highways

In addition to its authority in relation to highways as a service, a council may, by bylaw, regulate and prohibit in relation to all uses of or involving a highway or part of a highway.

The authority of a municipality in relation to highways under any provision of this Act is subject to the following:

traffic and parking on highways may only be regulated or prohibited in accordance with the Motor Vehicle Act , except as expressly provided in this Act;

authority in relation to traffic on Provincial arterial highways is subject to

section 124 (13) of the Motor Vehicle Act ;

extraordinary traffic on Provincial arterial highways may only be regulated or prohibited by bylaw adopted with the approval of the minister responsible for the Transportation Act ;

the restrictions established by the South Coast British Columbia Transportation Authority Act ;

authority in relation to all electrical transmission and distribution facilities and works that are on, over, under, along or across a highway is subject to the Utilities Commission Act and to all orders, certificates and approvals issued, granted or given under that Act.

Authority in relation to highways that is provided to a municipality under this or another Act includes the power to restrict the common law right of passage by the public over a highway that is vested in the municipality, if this restriction is necessary to the exercise of the authority.

Intermunicipal boundary highways

In the case of an intermunicipal boundary highway,

the councils of the applicable municipalities have joint jurisdiction over the highway,

unless the councils agree otherwise, the highway must be opened, maintained, kept in repair and improved by the municipalities, and

bylaws respecting the highway must be mutually acceptable to those municipalities or be in accordance with an intermunicipal scheme under

section 14 [intermunicipal service, regulatory and other schemes] in relation to the highway.

Temporary traffic restriction and traffic control

A council may temporarily restrict or prohibit all or some types of traffic on a highway.

In addition to the authority under

section 154 [delegation of council authority] , a council may, by bylaw, authorize a municipal employee or any other person to control traffic on a highway, or to temporarily restrict or prohibit all or some types of traffic on a highway, in relation to matters specified in the bylaw.

Additional powers in relation to highways

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

assign a name or number to a highway;

assign numbers to buildings and other structures;

require owners or occupiers of real property to place assigned numbers in a conspicuous place on or near the property;

require owners of private highways to maintain them in a clean, fit and safe state and to post suitable private thoroughfare signs;

require persons to take specified actions for the purposes of maintaining the cleanliness or safety of a highway that is next to property that they own or occupy, or that is affected by property that they own or occupy;

require owners or occupiers of land to fence any part of it abutting on a highway.

Permanent closure and removal of highway dedication

A council may, by bylaw,

close all or part of a highway that is vested in the municipality to all or some types of traffic, or

reopen all or part of such a highway that has been closed.

A council may, by bylaw, remove the dedication of a highway

that has been closed by a bylaw under subsection (1) (a), or

that is to be closed by the same bylaw, or by a bylaw adopted by the council at the same time.

Before adopting a bylaw under this section, the council must

give notice of its intention in accordance with

section 94 [public notice] , and

provide an opportunity for persons who consider they are affected by the bylaw to make representations to council.

In addition to the requirement under subsection (3), before adopting a bylaw under subsection (1) (a), the council must deliver notice of its intention to the operators of utilities whose transmission or distribution facilities or works the council considers will be affected by the closure.

A bylaw under subsection (2) must be filed in accordance with

section 120 of the Land Title Act and, on filing, the property subject to the bylaw ceases to be a highway, its dedication as a highway is cancelled and title to the property may be registered in the name of the municipality in accordance with

section 120 of the Land Title Act .

As a limit on subsection (2), a council may not remove the dedication of a highway that was dedicated by the deposit of a subdivision or reference plan in the land title office if

the highway has not been developed for its intended purpose, and

the owner of the land at the time the plan was deposited is the owner of all of the parcels created by the plan,

unless the owner of the parcels consents.

This section, and not

section 30 [reservation and dedication of municipal property] , applies to cancelling the dedication of a highway.

For certainty, this

section applies to public highways under

section 42 of the Transportation Act .

Restrictions in relation to highway disposition, closure or alteration

As a restriction, if

a bylaw under

section 40 (1) (a) [authority to permanently close] affects a highway, or part of a highway, that provides access to the ocean or a lake, river or other stream or watercourse, and

the municipality is proposing to dispose of the highway or part,

the municipality may only dispose of that highway or

part if

the municipality is exchanging the property for other property that the council considers will provide public access to the same body of water that is of at least equal benefit to the public, or

the proceeds of the disposition are to be paid into a reserve fund, with the money from the reserve fund used to acquire property that the council considers will provide public access to the same body of water that is of at least equal benefit to the public.

If the effect of

a proposed highway closure under

section 40 (1) (a), or

a proposed highway alteration

will be to completely deprive an owner of the means of access to their property, the municipality must either

obtain the consent of the owner before the owner is deprived of access, or

in addition to paying any compensation required under

section 33 (2) [compensation for injurious affection] , ensure that the owner has another means of access that is sufficient for this purpose.

As a restriction on the authority under

section 40 (1), if the highway or part of a highway to be closed or reopened is within 800 metres of an arterial highway, the bylaw under that

section may only be adopted if it is approved by the minister responsible for the Transportation Act .

The operator of a utility affected by the closure of a highway under

section 40 [permanent closure and removal of highway dedication] may require the municipality to provide reasonable accommodation of the utility's affected transmission or distribution facilities or works on agreed terms.

If the parties are unable to reach an agreement under subsection (4), the matters must be settled by arbitration, and for that purpose the Arbitration Act applies.

Agreements respecting compensation for extraordinary traffic

If a municipal bylaw regulates or prohibits extraordinary traffic on a highway other than an arterial highway, the council may enter into an agreement with a person who is subject to the bylaw that provides

for the payment of reasonable compensation to the municipality for the damage to the highway or the resulting expense to the municipality that may be caused by the extraordinary traffic, and

that, so long as the person is in compliance with the agreement, the person is not subject to the bylaw, or specified provisions of the bylaw, in relation to that traffic.

Agreements respecting municipal equipment on utility poles

A council may require a person who is permitted to erect poles on highways to provide reasonable accommodation on the poles for wires and equipment of the municipality on agreed terms, and

section 174 [limit on borrowing and other liabilities] does not apply to the agreement.

If the parties are unable to reach an agreement under subsection (1), the matters must be settled by arbitration, and for that purpose the Arbitration Act applies.

Agreements to reserve land for highway purposes

If a council enters into an agreement with an owner of land to reserve any part of the land for highway purposes, the agreement has the effect of a restrictive covenant running with the land and must be registered by the municipality under

section 219 of the Land Title Act .

Highway construction and dikes

A person must not interfere with the level of a dike that is crossed by a highway or private road.

the top of a dike forms a portion of a highway, and

the council has not granted a diking commission the privilege of using the existing highway for a dike,

it is the duty of the council to maintain the dike at a constant level, and to repair all injury directly or indirectly caused to the dike by its use as a highway.

For certainty, a council's duty under subsection (2) is limited to the highway as a highway and, except as otherwise required, does not extend to or include repair or maintenance of the dike as distinct from the highway.

Use of highways and public places

Except as permitted by bylaw or another enactment, a person must not excavate in, cause a nuisance on, obstruct, foul or damage any part of a highway or other public place.

A council may, by bylaw,

authorize the seizure of things unlawfully occupying a portion of a highway or public place,

establish fees for such seizure that are payable by the owner of the thing, and

provide for the recovery of those fees from the owner of the thing, including by sale of the thing if the owner refuses to pay or cannot be identified after reasonable efforts.

If a thing is seized under subsection (2), by a municipality, neither the municipality nor a person to whom the thing is disposed of is liable, in damages or otherwise, for or in respect of any claim that may arise in respect of the thing after its disposal in accordance with this Act.

5.1

Restrictions in Relation to the Passenger Transportation Act

Definitions

46.1

In this Division:

passenger directed vehicle has the same meaning as in the Passenger Transportation Act ;

passenger directed vehicle authorization has the same meaning as in the Passenger Transportation Act ;

transportation network services authorization has the same meaning as in the Passenger Transportation Act .

Restrictions on authority to regulate in relation to passenger directed vehicles

46.2

A council must not, under

section 8 (6) [fundamental powers] or 15 [licensing and standards authority] ,

regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations, or

prohibit vehicles referred to in paragraph (

a) from operating in the municipality, including, without limitation, by prohibiting the issuance of a licence to a person to operate a vehicle referred to in that paragraph for the sole reason that the person holds a licence, issued by another municipality, to operate the vehicle.

Animal Control

Classes of animals

For certainty and without limiting

section 12 (1) [bylaw variation authority] , a bylaw under

section 8 (3) (k) [spheres of authority — animals] may establish different classes of animals on the basis of sex, age, size or breed.

Seizure and related powers

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

provide for the seizure of animals that are

unlicensed, if there is a requirement that they be licensed,

unlawfully at large on a highway or in a public place,

iii

straying or trespassing on private property, or

on unfenced land and not securely tethered or contained;

establish penalties to be paid in relation to animals seized under this section;

establish or regulate fees to be paid in respect of seizures under this section;

provide for the sale, other disposition or destruction of impounded animals, if

the animals are not claimed within the time and in the manner established by the bylaw, or

the penalty or fees are not paid within a reasonable time;

provide for the seizure and destruction of any animal that is subject to suffering that the council, or a person designated by council, considers cannot be otherwise reasonably addressed.

Special powers in relation to dangerous dogs

In this section:

animal control officer means

a municipal employee, officer or agent designated by the council as an animal control officer for the purposes of this section, or

a peace officer;

dangerous dog means a dog that

has killed or seriously injured a person,

has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or

an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person.

In addition to the authority under

section 48 but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the animal is a dangerous dog.

Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (

a) or (

b) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of

attempting to prevent a person from committing an unlawful act, or

performing law enforcement work.

An animal control officer may enter a place to exercise the power under subsection (2),

in any case, with the consent of the owner or occupier of the place,

in any case, in accordance with a warrant under subsection (5) or (6), or

if the circumstances referred to in subsection (8) apply, in accordance with that subsection.

If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that there is a dangerous dog in a place, a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.

it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and

the officer believes on reasonable grounds that there is a dangerous dog in a place,

the officer may apply for a warrant in accordance with the regulations under subsection (7).

The Lieutenant Governor in Council may make regulations respecting the authority and procedure for warrants under subsection (6).

Subject to subsection (9), an animal control officer may, without a warrant, enter and search any place, except a place that is occupied as a private dwelling, and seize a dog, if the officer believes on reasonable grounds that

the dog is a dangerous dog,

the dog presents an imminent danger to the public, and

the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.

For the purposes of subsection (8), an animal control officer who is not a police officer must be accompanied by a police officer.

In addition to any other authority, if an animal control officer has reasonable grounds to believe that a dog is a dangerous dog, the officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.

A dog that has been seized under this

section may not be impounded and detained for more than 21 days unless court proceedings for a destruction order are commenced within that time.

Authority in Relation to Trees

Restrictions in relation to authority

A bylaw under

section 8 (3) (c) [spheres of authority — trees] that is in relation to the protection of trees does not apply to the following:

land and the trees on it if forestry practices on the land are governed by a tree farm licence, permit or other authority or tenure under the Forest Act ;

land and trees on it if

section 21 of the Private Managed Forest Land Act applies to the land;

tree cutting or removal that is undertaken by a utility, on land owned or held by the utility, and done for the purpose of safety, maintenance or operation of the utility's infrastructure.

Subject to subsection (3), if a bylaw under

section 8 (3) (

c) would have the effect on a parcel of land of

preventing all uses permitted under the applicable zoning bylaw, or

preventing the development to the density permitted under the applicable zoning bylaw,

the bylaw does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density.

A bylaw referred to in subsection (2) applies without limit to a parcel if the council, by resolution, commits the municipality to

pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or

provide, by development permit, development variance permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density.

For the purposes of subsection (3),

the compensation must be as determined and paid as soon as reasonably possible in an amount set by agreement between the owner and the municipality or, if no agreement is reached, by the Supreme Court, and

the council may issue a development permit or development variance permit on its own initiative without an application from the owner.

Compensation not payable

Except as provided in

section 50 (3), no compensation is payable to any person for a reduction in the value of any interest in land that results from

a bylaw under

section 8 (3) (c) [spheres of authority — trees] , or

the issue or refusal of a permit required under such a bylaw.

Right to reconsideration by council

If a council delegates powers, duties or functions in relation to its authority under

section 8 (3) (c) [spheres of authority — trees] , the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the council reconsider the matter.

Building Regulation

General authority in relation to buildings and other structures

In this section, greenhouse gas has the same meaning as in the Climate Change Accountability Act .

A council may only exercise its authority under

section 8 (3) (l) [spheres of authority — buildings and other structures] or this Division for the following:

the provision of access to a building or other structure, or to part of a building or other structure, for a person with disabilities;

the conservation of energy or water;

the reduction of greenhouse gas emissions;

the health, safety or protection of persons or property.

Building permits and occupancy permits

If requested by an applicant, a building inspector must give written reasons for the building inspector's refusal to issue a building permit that is required by a bylaw under

section 8 (3) (l) [spheres of authority — buildings and other structures] .

If a municipal permit is required before a building or part of a building is occupied, in addition to any conditions established under

section 15 [licensing and standards authority] , the permit may be withheld until the building or part of it complies with the following:

the Provincial building regulations;

bylaws under

section 8 (3) (l) [spheres of authority — buildings and other structures] ;

any other health and safety requirements established by bylaw;

any other federal or Provincial enactment in relation to health or safety.

Requirement for professional certification

In this section, qualified professional means

an architect,

an architect certified under

section 24 (2) (q.2) of the Architects Act as a specialist in an area of architecture,

a professional engineer,

a professional engineer who is a specialist under the Professional Governance Act in an area of professional engineering,

a professional geoscientist, or

a professional geoscientist who is a specialist under the Professional Governance Act in an area of professional geoscience.

A council may, by bylaw, do one or both of the following:

require applicants for building permits, in circumstances as specified in the bylaw that relate to

site conditions,

the size or complexity of developments, or

iii

aspects of developments,

to provide the municipality with a certification by a qualified professional that the plans submitted with the permit application, or specified aspects of those plans, comply with the then current Provincial building regulations and other applicable enactments respecting safety;

authorize building inspectors for the municipality to require applicants for building permits to provide the municipality with a certification referred to in paragraph (

a) if a building inspector considers that this is warranted by circumstances that relate to matters referred to in paragraph (a) (

i) to (iii).

Requirement for geotechnical report

For the purposes of this section:

construction means

the new construction of a building or other structure, or

the structural alteration of or addition to an existing building or other structure,

but does not include the repair of an existing building or other structure;

qualified professional means

a professional engineer, or

a professional geoscientist

with experience or training in geotechnical study and geohazard assessments.

a bylaw regulating the construction of buildings or other structures is in effect, and

a building inspector considers that construction would be on land that is subject to or is likely to be subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip, rockfalls, subsidence or avalanche,

the building inspector may require the owner of land to provide the building inspector with a report certified by a qualified professional that the land may be used safely for the use intended.

If a qualified professional determines that the land may not be used safely for the use intended, a building inspector must not issue a building permit.

A building inspector may issue a building permit in accordance with subsection (5) if a qualified professional certifies that the land may be used safely for the use intended if the land is used in accordance with the conditions specified in the professional's report.

A building permit under subsection (4) may only be issued on the following conditions:

the owner of the land covenants with the municipality to use the land only in the manner certified by the qualified professional as enabling the safe use of the land for the use intended;

the covenant contains conditions respecting reimbursement by the owner for any expenses that may be incurred by the municipality as a result of a breach of a covenant under paragraph (a);

the covenant is registered under

section 219 of the Land Title Act .

If a building inspector is authorized to issue a building permit under subsection (4) but refuses to do so, the council may, on application of the owner, direct the building inspector to issue the building permit subject to the requirements of subsection (5).

Note against land title that building regulations contravened

A building inspector may recommend to the council that it consider a resolution under subsection (3) if, during the course of carrying out duties, the building inspector

observes a condition, with respect to land or a building or other structure, that the inspector considers

results from the contravention of, or is in contravention of,

a municipal bylaw,

a Provincial building regulation, or

any other enactment

that relates to the construction or safety of buildings or other structures, and

that, as a result of the condition, a building or other structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or

discovers that

something was done with respect to a building or other structure, or the construction of a building or other structure, that required a permit or an inspection under a bylaw, regulation or enactment referred to in paragraph (a) (i), and

the permit was not obtained or the inspection not satisfactorily completed.

A recommendation under subsection (1) must be given in writing to the corporate officer, who must

give notice to the registered owner of the land to which the recommendation relates, and

after notice under paragraph (a), place the matter before the council.

After providing the building inspector and the owner an opportunity to be heard, the council may confirm the recommendations of the building inspector and pass a resolution directing the corporate officer to file a notice in the land title office stating that

a resolution relating to that land has been made under this section, and

further information about it may be inspected at the municipal hall.

The corporate officer must ensure that all records are available for the purpose of subsection (3) (b).

If the registrar of land titles receives a notice under subsection (3) and payment of the prescribed fee, the registrar must make a note of the filing against the title to the land that is affected by the notice.

The note of a filing of a notice under this

section is extinguished when a new title to the land is issued as a result of the deposit of a plan of subdivision or a strata plan.

In the event of any omission, mistake or misfeasance by the registrar or an employee of the registrar in relation to the making of a note of the filing under subsection (5), or a cancellation under

section 58, after the notice is received by the land title office,

the registrar is not liable and neither the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,

a.1

the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under

Part 19.1 of the Land Title Act , and

the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under

Part 20 of the Land Title Act .

Neither the building inspector nor the municipality is liable for damage of any kind for the doing of anything, or the failure to do anything, under this

section or

section 58 that would have, but for this subsection, constituted a breach of duty to any person.

The authority under this

section is in addition to any other action that a building inspector is authorized to take in respect of a matter referred to in subsection (1).

Cancellation of note against land title

On receiving a report from a building inspector that the condition that gave rise to the filing of the notice under

section 57 (3) has been rectified, the corporate officer must file a cancellation notice and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

An owner of land with respect to which a notice has been filed under

section 57 (3), may apply to the council for a resolution that the note be cancelled.

After hearing an applicant under subsection (2), the council may pass a resolution directing the corporate officer to file a cancellation notice.

If a resolution has been passed under subsection (3), the corporate officer must file a cancellation notice in the land title office and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

If the council does not pass a resolution under subsection (3), the owner may apply to the Supreme Court and notify the municipality to attend before the court to show cause why the note should not be cancelled.

On an application under subsection (5), after reviewing any evidence that the owner and the municipality may adduce, the court may make an order directing the registrar to cancel the note made under

section 57 (5) and, on receiving the order, the registrar of land titles must cancel the note accordingly.

Business Regulation

Powers to require and prohibit

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

require operators of premises in which rooms or suites are let for living purposes to maintain, in accordance with the bylaw, a register of persons living there;

in relation to persons engaged in the business activity of purchasing, taking in barter or receiving used or second hand goods,

require such persons, after purchasing, taking in or receiving used or second hand goods, to notify the chief constable who has jurisdiction in the municipality within the time period established by the bylaw, and

prohibit such persons from altering the form of, selling, exchanging or otherwise disposing of those goods during the time period established by the bylaw;

require manufacturers and processors to dispose of the waste from their plants in the manner directed by the bylaw;

prohibit the operation of a public show, exhibition, carnival or performance of any kind or in any particular location;

prohibit the operation of places of amusement to which the public has access, including halls and other buildings where public events are held;

prohibit professional boxing, professional wrestling and other professional athletic contests.

Before adopting a bylaw under subsection (1) or

section 8 (6) [business regulation] , a council must

give notice of its intention in accordance with subsection (3), and

provide an opportunity for persons who consider they are affected by the bylaw to make representations to council.

Notice required under subsection (2) (

a) may be provided in the form and manner, at the times and as often as the council considers reasonable.

Business licence authority

An application for a business licence may be refused in any specific case, but

the application must not be unreasonably refused, and

on request, the person or body making the decision must give written reasons for the refusal.

In addition to the authority under

section 15 (1) (e) [licences, permits and approvals — suspension and cancellation] , a business licence may be suspended or cancelled for reasonable cause.

Before suspending or cancelling a business licence, the council must give the licence holder notice of the proposed action and an opportunity to be heard.

Despite

section 155 (2) (b) [restriction on delegation of hearings] , a council may, by bylaw under

section 154 [delegation of council authority] , authorize a municipal officer or employee to suspend or cancel a business licence.

If a municipal officer or employee exercises authority to grant, refuse, suspend or cancel a business licence, the applicant or licence holder who is subject to the decision is entitled to have the council reconsider the matter.

Restriction on authority to require examination or certification

A provision in a bylaw under

section 8 (6) [spheres of authority — business] that requires an examination or certification of a person engaged in a trade or occupation does not apply to a person who has been granted a certificate or other evidence of competence for that trade or occupation under a Provincial or federal Act.

Other Spheres

Public place powers

The authority under

section 8 (3) (b) [spheres of authority — public places] includes the authority in relation to persons, property, things and activities that are in, on or near public places.

Protection of persons and property

The authority of a council under

section 8 (3) (g) [spheres of authority — protection of persons and property] may be exercised in relation to the following:

emergency exits in places to which the public is invited;

smoke alarms;

any matter within the scope of the Fire Safety Act ;

the enclosure of swimming pools and other pools;

trailer courts, manufactured home parks and camping grounds;

rental units and residential property, as those are defined in the Residential Tenancy Act , that are subject to a tenancy agreement, as defined in that Act;

without limiting paragraph (f), the protection of tenants as described in

section 63.2.

Definitions in relation to tenant protection

63.1

In this

section and sections 63.2 and 63.3:

owner means an owner of residential property that is the subject of a proposed redevelopment;

redevelopment means the following:

to demolish residential property for the purpose of constructing a new structure on the parcel on which the property was located;

to partially demolish residential property to the extent that one or more rental units within the residential property are completely and irreversibly destroyed;

rental unit includes

living accommodation rented or intended to be rented to a tenant, and

associated common areas, services, facilities and other amenities to which a tenant of the rental unit has access;

residential property means a building or part of a building that is or contains a rental unit;

tenancy agreement means a written agreement between a landlord and tenant respecting possession of a rental unit;

tenant means a tenant of a rental unit whose tenancy agreement is terminated in relation to a proposed redevelopment.

Protection of tenants on redevelopment

63.2

The authority of a council under

section 63 (

g) includes the authority to require owners to give to tenants one or more of the following:

notices or information with respect to a redevelopment, a proposed redevelopment or a matter referred to in this section;

financial compensation for the termination of tenancy agreements;

financial or other assistance to find and relocate to comparable replacement units;

the opportunity to exercise rights to enter new agreements for the rental of comparable units in property in which owners have an interest.

Bylaws made for the purposes of subsection (1) may do one or more of the following:

provide for the nature and extent of compensation and assistance, the manner in which it is determined, the manner in which it is given to tenants and the period in which it must be given;

define the characteristics of comparable replacement units;

require owners who have, or will have after redevelopment, new units available for rent to offer to rent those units to tenants

in priority to other persons, and

at a rental rate that is less than the rate provided for under an applicable zoning bylaw or housing agreement.

Limits on tenant protection bylaws

63.3

A bylaw made for the purposes of

section 63.2 does not apply to the redevelopment of prescribed classes of property.

Despite a bylaw made for the purposes of

section 63.2 of this Act, if

a tenant is entitled to receive financial compensation under the Residential Tenancy Act in relation to a redevelopment, and

an owner is required to pay to the tenant an amount of financial compensation or financial assistance as described in

section 63.2 (1) (

b) or (

c) of this Act,

the amount of financial compensation referred to in paragraph (

a) of this subsection must be deducted from the amount of financial compensation or financial assistance referred to in paragraph (b).

The Lieutenant Governor in Council may make regulations limiting the authority under

section 63.2 to make bylaws, including imposing requirements and setting prohibitions, conditions and limitations in relation to the matters referred to in that section.

Nuisances, disturbances and other objectionable situations

The authority of a council under

section 8 (3) (h) [spheres of authority — nuisances disturbances and other objectionable situations] may be exercised in relation to the following:

nuisances;

noise, vibration, odour, dust, illumination or any other matter that is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia that is liable to foul or contaminate the atmosphere;

refuse, garbage or other material that is noxious, offensive or unwholesome;

the use of waste disposal and recycling services;

the accumulation of water on property;

unsanitary conditions on property;

drains, cesspools, septic tanks and outhouses;

trees, weeds or other growths that council considers should be removed, cut down or trimmed;

the carrying on of a noxious or offensive business activity;

graffiti and unsightly conditions on property;

indecency and profane, blasphemous or grossly insulting language.

Signs and other advertising

The authority of a council under

section 8 (4) [spheres of authority — signs and other advertising] may be exercised in relation to the erection, placing, alteration, maintenance, demolition and removal of signs, sign boards, advertisements, advertising devices and structures.

Other Powers

Fire chief powers

A council may, by bylaw, authorize the municipal fire chief or another person designated in the bylaw to exercise one or more of the following powers:

enter on property and inspect premises for conditions that may cause a fire, increase the danger of a fire or increase the danger to persons or property from a fire;

take measures to prevent and suppress fires, including the demolition of buildings and other structures to prevent the spreading of fire;

require an owner or occupier of real property to undertake any actions directed by the fire chief or other authorized person for the purpose of removing or reducing any thing or condition that person considers is a fire hazard or increases the danger of fire.

[Repealed 2016-19-59.]

If a bylaw under subsection (1) confers authority on the municipal fire chief, that authority may be exercised by a person acting under the authority of the fire chief.

Disposal of property in police possession

Property that has come into the custody and possession of the police service on behalf of a municipality may be disposed of and the proceeds from that disposal dealt with in accordance with the regulations under this Act, if

the owner of the property has not been identified after reasonable effort, and

a court of competent jurisdiction has not made an order in respect of the property.

A person who receives or purchases property by a disposal under this

section has a good and sufficient title to that

article as against any former owner of it.

The municipality, a member of the council, a person in lawful custody of property referred to in subsection (1), or an officer, employee or agent of the municipality, is not liable, in damages or otherwise, for or in respect of any claim that may arise in respect of the property after its disposal in accordance with this section.

Restriction on authority to fluoridate

A council must not fluoridate a water supply for the municipality unless it has adopted a bylaw for this and the bylaw has received the assent of the electors.

Specific authority in relation to drainage, sewage and dikes

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

in relation to drainage and sewerage works provided by persons other than the municipality,

regulate their design and installation, and

require property owners to connect their buildings and structures to the works in the manner specified in the bylaw;

impose requirements on persons undertaking the construction of works to

maintain the proper flow of water in a stream, ditch, drain or sewer in the municipality, or

reclaim or protect part of the land mass of the municipality from erosion by any cause;

impose requirements on the owners of dikes or persons undertaking the construction of dikes;

make a watercourse part of the municipal drainage system, whether the watercourse is on municipal land, private land or a highway.

Drainage control

This

section applies if a council

considers that, in the public interest,

the drainage of surface water from outside the municipality into or through an area inside the municipality should be prevented, diverted or improved, or

drainage of or from an area in the municipality should be prevented, continued beyond the municipality, diverted or improved, and

proposes to undertake works for these purposes.

Before undertaking the proposed works, the council must

serve notice of its intention on all owners of land that may be affected,

give notice of its intention to any other local government whose area may be affected, and

provide an opportunity for persons who consider they are affected by the works to make representations to council.

After complying with subsection (2), the municipality may enter on property, including property outside the municipality, for the purpose of undertaking the proposed works.

Orders and awards respecting drainage or reclamation works

This

section applies if, on account of proceedings taken under this Act or the Local Government Act for drainage or reclamation works and local assessments for them,

damages are recovered against the municipality or parties constructing the drainage or reclamation works, or

other relief is given by an order of a court or an award made under this Act or the Local Government Act .

In the circumstances referred to in subsection (1),

the council must make the changes in drainage or reclamation works necessary to comply with an order or award, and

the money required for the municipality to comply with the order or award must be recovered by taxes imposed on the same basis as the existing assessments for those works.

Remedial Action Requirements

Council may impose remedial action requirements

A council may impose remedial action requirements in relation to

matters or things referred to in

section 73 [hazardous conditions] ,

matters or things referred to in

section 74 [declared nuisances] , or

circumstances referred to in

section 75 [harm to drainage or dike] .

In the case of matters or things referred to in

section 73 or 74, a remedial action requirement

may be imposed on one or more of

the owner or lessee of the matter or thing, and

the owner or occupier of the land on which it is located, and

may require the person to

remove or demolish the matter or thing,

fill it in, cover it over or alter it,

iii

bring it up to a standard specified by bylaw, or

otherwise deal with it in accordance with the directions of council or a person authorized by council.

In the case of circumstances referred to in

section 75, a remedial action requirement

may be imposed on the person referred to in that section, and

may require the person to undertake restoration work in accordance with the directions of council or a person authorized by council.

Hazardous conditions

Subject to subsection (2), a council may impose a remedial action requirement in relation to any of the following:

a building or other structure, an erection of any kind, or a similar matter or thing;

a natural or artificial opening in the ground, or a similar matter or thing;

a tree;

wires, cables, or similar matters or things, that are on, in, over, under or along a highway;

matters or things that are attached to a structure, erection or other matter or thing referred to in paragraph (

a) that is on, in, over, under or along a highway.

A council may only impose the remedial action requirement if

the council considers that the matter or thing is in or creates an unsafe condition, or

the matter or thing contravenes the Provincial building regulations or a bylaw under

section 8 (3) (l) [spheres of authority — buildings and other structures] or Division 8 [Building Regulation] of this Part.

Declared nuisances

A council may declare that any of the following is a nuisance and may impose a remedial action requirement in relation to the declared nuisance:

a building or other structure, an erection of any kind, or a similar matter or thing;

a natural or artificial opening in the ground, or a similar matter or thing;

a drain, ditch, watercourse, pond, surface water, or a similar matter or thing;

a matter or thing that is in or about any matter or thing referred to in paragraphs (

a) to (c).

Subsection (1) also applies in relation to a thing that council considers is so dilapidated or unclean as to be offensive to the community.

Harm to drainage or dike

A council may impose a remedial action requirement if a person has

obstructed, filled up or damaged a ditch, drain, creek or watercourse that was constructed or improved under this Act or the Local Government Act , or

damaged or destroyed a dike or other drainage or reclamation work connected with it.

Time limit for compliance

The resolution imposing a remedial action requirement must specify the time by which the required action must be completed.

Subject to

section 79 [shorter time limits in urgent circumstances] , the time specified under subsection (1) must not be earlier than 30 days after notice under

section 77 (1) [notice to affected persons] is sent to the person subject to the remedial action requirement.

The council may extend the time for completing the required action even though the time limit previously established has expired.

Notice to affected persons

Notice of a remedial action requirement must be given by personal service or by registered mail to

the person subject to the requirement, and

the owner of the land where the required action is to be carried out.

In addition, notice of the remedial action requirement must be mailed to

each holder of a registered charge in relation to the property whose name is included on the assessment roll, at the address set out in that assessment roll and to any later address known to the corporate officer, and

any other person who is an occupier of that land.

A notice under this

section must advise

that the person subject to the requirement, or the owner of the land where the required action is to be carried out, may request a reconsideration by council in accordance with

section 78 [person affected may request reconsideration] , and

that, if the action required by the remedial action requirement is not completed by the date specified for compliance, the municipality may take action in accordance with

section 17 [municipal action at defaulter's expense] at the expense of the person subject to the requirement.

Person affected may request reconsideration by council

A person who is required to be given notice under

section 77 (1) [notice to affected persons] may request that the council reconsider the remedial action requirement.

Subject to

section 79 [shorter time limits in urgent circumstances] , a request under subsection (1) must be made by written notice provided within 14 days of the date on which the notice under

section 77 (1) was sent or a longer period permitted by council.

If the council receives a notice that complies with subsection (2), it must provide the person with an opportunity to make representations to the council.

After providing the opportunity referred to in subsection (3), the council may confirm, amend or cancel the remedial action requirement.

Notice of a decision under subsection (4) must be provided in accordance with

section 77 (1) and (2) [notice to affected persons] .

Shorter time limits in urgent circumstances

If the council considers that there is a significant risk to health or safety if action is not taken earlier, the resolution imposing the remedial action requirement may

set a time limit under

section 76 [time limit for compliance] that is shorter than the minimum otherwise applicable under subsection (2) of that section, and

set a time limit for giving notice under

section 78 [persons affected may request reconsideration] that is shorter than the limit otherwise applicable under subsection (2) of that section.

Recovery of municipal costs through sale of property

This

section applies to remedial action requirements in relation to the following:

matters or things referred to in

section 73 (1) (a) [unsafe and non-complying structures] ;

matters or things referred to in

section 74 (1) (a) [nuisances in relation to structures] ;

matters or things referred to in

section 74 (1) (d) [nuisances in relation to things in or near structures] that are in or about a matter or thing referred to in

section 74 (1) (a).

Subject to this section, if a remedial action requirement has not been satisfied by the date specified for compliance, the municipality may sell the matter or thing in relation to which the requirement was imposed or any part or material of it.

The earliest date on which the municipality may sell property referred to in subsection (2) is the later of

the date specified for compliance, and

60 days after the notice under

section 77 (1) [notice to affected persons] is given.

If a municipality sells property under this section, it

may retain from the proceeds

the costs incurred by the municipality in carrying out the sale, and

if applicable, the costs incurred by the municipality in exercising its power under

section 17 [municipal actions at defaulter's expense] that have not yet been paid by the person subject to the requirement, and

must pay the remainder of the proceeds to the owner or other person lawfully entitled.

For certainty, the authority under this

section is in addition to that provided by

section 17 [municipal action at defaulter's expense] .

Public Participation and Council Accountability

Elections, Petitions and Community Opinion

Election proceedings

A general local election for the mayor and all councillors of each municipality must be held in the year 2014 and in every fourth year after that.

By-elections for office on municipal council must be held as required under

section 54 [by-elections] of the Local Government Act .

General local elections and by-elections must be held in accordance with

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

Petitions to council

A petition to a council is deemed to be presented to council when it is filed with the corporate officer.

A petition to a council must include the full name and residential address of each petitioner.

Council may seek community opinion

A council may seek community opinion on a question that the council believes affects the municipality, by voting or any other process the council considers appropriate.

The results of a process under this

section are not binding on the council.

Approval of the Electors

Approval of the electors

If approval of the electors is required under this Act or the Local Government Act in relation to a proposed bylaw, agreement or other matter, that approval may be obtained either by

assent of the electors in accordance with

section 85, or

approval of the electors by alternative approval process in accordance with

section 86.

Assent of the electors

If assent of the electors is required or authorized under this Act or the Local Government Act in relation to a proposed bylaw, agreement or other matter, that assent is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question.

Part 4 [Assent Voting] of the Local Government Act applies to obtaining the assent of the electors.

Alternative approval process

Approval of the electors by alternative approval process under this

section is obtained if

notice of the approval process is published in accordance with subsection (2),

through elector response forms established under subsection (3), electors are provided with an opportunity to indicate that council may not proceed with the bylaw, agreement or other matter unless it is approved by assent of the electors, and

at the end of the time for receiving elector responses, as established under subsection (3), the number of elector responses received is less than 10% of the number of electors of the area to which the approval process applies.

Notice of an alternative approval process must be published in accordance with

section 94 [public notice] and must include the following:

a general description of the proposed bylaw, agreement or other matter to which the approval process relates;

a description of the area to which the approval process applies;

the deadline for elector responses in relation to the approval process;

a statement that the council may proceed with the matter unless, by the deadline, at least 10% of the electors of the area indicate that the council must obtain the assent of the electors before proceeding;

a statement that

elector responses must be given in the form established by the council,

elector response forms are available at the municipal hall, and

iii

the only persons entitled to sign the forms are the electors of the area to which the approval process applies;

the number of elector responses required to prevent the council from proceeding without the assent of the electors, determined in accordance with subsection (3);

other information required by regulation to be included.

For each alternative approval process, the council must

establish the deadline for receiving elector responses, which must be at least 30 days after the second publication of the notice under subsection (2),

establish elector response forms, which

may be designed to allow for only a single elector response on each form or for multiple elector responses, and

must be available to the public at the municipal hall from the time of first publication until the deadline, and

make a fair determination of the total number of electors of the area to which the approval process applies.

3.1

If the notice under subsection (2) is published in accordance with a bylaw adopted under

section 94.2 [bylaw to provide for alternative means of publication] , the second publication is considered to occur on the date when the notice has been published by 2 of the means of publication specified in the bylaw.

The council must make available to the public, on request, a report respecting the basis on which the determination under subsection (3) (

c) was made.

For the purposes of this section, the electors of the area to which an alternative approval process applies are the persons who would meet the qualifications referred to in

section 172 (1) (a) [who may vote at assent voting] of the Local Government Act if assent of the electors were sought in respect of the matter.

Elector responses may be made on an elector response form obtained under subsection (3) or on an accurate copy of the form.

For an elector's response to be considered for the purposes of this section, the elector must

sign an elector response form that includes

the person's full name and residential address, and

if applicable, the address of the property in relation to which the person is entitled to register as a non-resident property elector, and

submit the elector response form to the corporate officer before the deadline established for the alternative approval process.

After the deadline for an alternative approval process has passed, the corporate officer must determine and certify, on the basis of the elector response forms received before that deadline, whether elector approval in accordance with this

section has been obtained.

A determination under subsection (8) is final and conclusive.

A person must not sign more than one elector response form in relation to the same alternative approval process, and a person who is not an elector for the area of the approval process must not sign an elector response form.

Matters requiring approval or assent may be combined

If two or more related matters require approval of the electors or assent of the electors, instead of seeking that approval or assent in relation to each matter, the council may seek the approval or assent in relation to the related matters as if they were a single matter.

As a restriction, if any of the related matters referred to in subsection (1) requires the assent of the electors, approval of the electors under that subsection may only be obtained by assent of the electors.

Agreements requiring approval or assent

If an agreement is in relation to a matter that requires approval of the electors or assent of the electors, the requirement also applies to an amendment to the agreement in relation to that matter.

As an exception, subsection (1) does not apply if the amendment is authorized by regulation or is made with the approval of the minister.

Open Meetings

General rule that meetings must be open to the public

A meeting of a council must be open to the public, except as provided in this Division.

A council must not vote on the reading or adoption of a bylaw when its meeting is closed to the public.

Meetings that may or must be closed to the public

0.1

In this section, Indigenous entity means an Indigenous entity that exercises governmental functions.

A part of a council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;

personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;

labour relations or other employee relations;

the security of the property of the municipality;

the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality;

law enforcement, if the council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;

litigation or potential litigation affecting the municipality;

an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the council or a delegate of council;

the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

i.1

information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under

section 18.1 of the Freedom of Information and Protection of Privacy Act ;

information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under

section 21 of the Freedom of Information and Protection of Privacy Act ;

negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public;

discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under

section 98 [annual municipal report] ;

a matter that, under another enactment, is such that the public may be excluded from the meeting;

the consideration of whether a council meeting should be closed under a provision of this subsection or subsection (2);

the consideration of whether the authority under

section 91 [other persons attending closed meetings] should be exercised in relation to a council meeting.

A part of a council meeting must be closed to the public if the subject matter being considered relates to one or more of the following:

a request under the Freedom of Information and Protection of Privacy Act , if the council is designated as head of the local public body for the purposes of that Act in relation to the matter;

the consideration of information received and held in confidence relating to negotiations

between the municipality and a provincial government or the federal government, or both, or between a provincial government or the federal government, or both, and a third party,

between the municipality and another local government or between another local government and a third party, or

iii

between the municipality and a first nation or a prescribed Indigenous entity, or between a first nation or a prescribed Indigenous entity and a third party;

a matter that is being investigated under the Ombudsperson Act of which the municipality has been notified under

section 14 [Ombudsperson to notify authority] of that Act;

a matter that, under another enactment, is such that the public must be excluded from the meeting.

[Repealed 2022-15-2.]

If the only subject matter being considered at a council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.

Other persons attending closed meetings

If all or part of a meeting is closed to the public, the council may allow one or more municipal officers and employees to attend or exclude them from attending, as it considers appropriate.

If all or part of a meeting is closed to the public, the council may allow a person other than municipal officers and employees to attend,

in the case of a meeting that must be closed under

section 90 (2), if the council considers this necessary and the person

already has knowledge of the confidential information, or

is a lawyer attending to provide legal advice in relation to the matter, and

in other cases, if the council considers this necessary.

The minutes of a meeting or part of a meeting that is closed to the public must record the names of all persons in attendance.

Requirements before meeting is closed

Before holding a meeting or part of a meeting that is to be closed to the public, a council must state, by resolution passed in a public meeting,

the fact that the meeting or

part is to be closed, and

the basis under the applicable subsection of

section 90 on which the meeting or

part is to be closed.

Application of rules to other bodies

In addition to its application to council meetings, this Division and

section 133 [expulsion from meetings] also applies to meetings of the following:

council committees;

a commission established by a council under

section 143;

a parcel tax roll review panel;

a board of variance established by a local government under Division 15 of

Part 14 of the Local Government Act ;

an advisory body established by a council;

a body that under this or another Act may exercise the powers of a municipality or council;

a body prescribed by regulation.

Public Notice and Access to Records

Requirements for public notice

If this or another Act requires notice to be given or published in accordance with this section, the notice must be published

in accordance with

section 94.1 or 94.2, as applicable, and

by posting the notice in the public notice posting places.

If a matter is subject to 2 or more requirements for publication in accordance with this section, the notices may be combined so long as the requirements of all applicable provisions are met.

A council may provide any additional notice respecting a matter that it considers appropriate, including by the internet or other electronic means.

Default publication requirements

94.1

Unless a council has adopted a bylaw under

section 94.2, and subject to subsection (3) of this section, a notice must be published

in a newspaper that is distributed at least weekly

in the area affected by the subject matter of the notice, and

if the area affected is not in the municipality, also in the municipality, and

unless this or another Act provides otherwise, once each week for 2 consecutive weeks.

The obligation under subsection (1) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.

If publication under subsection (1) is not practicable, the notice may be given in the areas by alternative means so long as the notice

is given within the same period as required for newspaper publication,

is given with the same frequency as required for newspaper publication, and

provides notice that the council considers is reasonably equivalent to that which would be provided by newspaper publication.

As an exception, subsection 3 (

b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.

Bylaw to provide for alternative means of publication

94.2

A council may, by bylaw, provide for alternative means of publishing a notice instead of publishing the notice in a newspaper in accordance with

section 94.1 (1) (

a) and (b).

A bylaw adopted under this

section must specify at least 2 means of publication by which a notice is to be published, not including posting in the public notice posting places.

Subject to the regulations, a council may specify, in a bylaw adopted under this section, any means of publication, so long as, before adopting the bylaw, the council considers the principles prescribed by regulation under subsection (6) (a).

Section 12 does not apply in relation to a council's authority to adopt a bylaw under this section.

If a bylaw is adopted under this section, the applicable notice referred to in

section 94 (1) (

a) must be published by the means specified in that bylaw,

subject to the regulations and unless this or another Act provides otherwise, must be published at least 7 days before the date of the matter for which notice is required, and

if a period is prescribed for the purpose of this paragraph and unless this or another Act provides otherwise, must be published in the prescribed period before the date of the matter for which notice is required.

The minister may make regulations as follows:

prescribing the principles that must be considered before adopting a bylaw under this section;

prescribing one of the means of publication that must be specified in a bylaw adopted under this section;

requiring that one or more of the means of publication specified in a bylaw adopted under this

section be selected from the prescribed means;

for the purpose of subsection (5) (b), prescribing a number of days, other than 7 days, before the date of the matter for which notice is required;

for the purpose of subsection (5) (c), prescribing a period of time.

Public access to municipal records

In addition to the public access provided by the Freedom of Information and Protection of Privacy Act , a council may, by bylaw, provide for public access to its records and establish procedures respecting that access.

If an enactment requires that a municipal record be available for public inspection, that obligation is met by having the record available for public inspection at the municipal hall during regular office hours.

If a municipal record is available for public inspection, a person may have a copy made of all or part of the record on payment of any applicable fee established by the council under

section 194 [municipal fees] .

A person inspecting a record of a municipality must not, without authorization, remove the record from the place where it has been provided for inspection.

An obligation or authority under this Act to provide public access to a municipal record does not apply to records that must not be disclosed under the Freedom of Information and Protection of Privacy Act .

Agreements that require elector approval or assent

If an agreement is proposed or made in relation to a matter that requires approval of the electors or assent of the electors,

the agreement, and

all records relating to the agreement that are in the custody or under the control of the municipality

must be available for public inspection at the municipal hall during the time when the approval or assent process is underway.

Other records to which public access must be provided

The following municipal records, or copies of them, must be available for public inspection:

all bylaws and all proposed bylaws that have been given first reading;

all minutes of council meetings, other than a meeting or part of a meeting that is closed to the public;

all minutes of meetings of bodies referred to in

section 93 [application of rules to other bodies] , other than a meeting or part of a meeting that is closed to the public;

the annual municipal report under

section 98;

all disclosure statements under

section 106 [disclosure of gifts] ;

the report under

section 168 [council remuneration, expenses and contracts] ;

the written disclosures referred to in

section 6 (1) [disclosures by council members and nominees] of the Financial Disclosure Act ;

any applicable agreements under

section 9 (5) [concurrent authority agreements] .

The obligation under subsection (1) is met if the record is made available at the municipal hall within 7 days after it has been requested.

Reporting

Annual municipal report

Before June 30 in each year, a council must

prepare an annual report, and

make the report available for public inspection under

section 97.

[Repealed 2022-15-4.]

The annual report must include the following:

the audited annual financial statements referred to in

section 167 (4) for the previous year;

for each tax exemption provided by a council under Division 7 [Permissive Tax Exemptions] of

Part 7 [Municipal Revenue] , the amount of property taxes that would have been imposed on the property in the previous year if it were not exempt for that year;

a report respecting municipal services and operations for the previous year;

a progress report respecting the previous year in relation to the objectives and measures established for that year under paragraph (f);

any declarations of disqualification made under

section 111 [application to court for declaration of disqualification] in the previous year, including identification of the council member or former council member involved and the nature of the disqualification;

a statement of municipal objectives, and the measures that will be used to determine progress respecting those objectives, for the current and next year;

any other information the council considers advisable.

Annual meeting on report

The council must annually consider, at a council meeting or other public meeting,

the annual report prepared under

section 98, and

submissions and questions from the public.

The annual meeting must occur at least 14 days after the annual report is made available for public inspection under

section 97 but no later than June 30.

Notice of the annual meeting must be given in accordance with

section 94 [public notice] and must include the following:

the date, time and, if applicable, place of the annual meeting;

if the annual meeting is to be conducted by means of electronic or other communication facilities, the way in which the meeting is to be conducted by those means.

The council must have the annual report available for public inspection at the annual meeting.

In the case of an annual meeting conducted by means of electronic or other communication facilities, the obligation under subsection (4) is met if the annual report is published on a publicly accessible website.

Conflict of Interest

Disclosure of conflict

This

section applies to council members in relation to

council meetings,

council committee meetings, and

meetings of any other body referred to in

section 93 [application of open meeting rules to other bodies] .

If a council member attending a meeting considers that the member is not entitled to participate in the discussion of a matter, or to vote on a question in respect of a matter, because the member has

a direct or indirect pecuniary interest in the matter, or

another interest in the matter that constitutes a conflict of interest,

the member must declare this and state in general terms the reason why the member considers this to be the case.

After making a declaration under subsection (2), the council member must not do anything referred to in

section 101 (2) [restrictions on participation] .

As an exception to subsection (3), if a council member has made a declaration under subsection (2) and, after receiving legal advice on the issue, determines that the member was wrong respecting the member's entitlement to participate in respect of the matter, the member may

return to the meeting or attend another meeting of the same body,

withdraw the declaration by stating in general terms the basis on which the member has determined that the member is entitled to participate, and

after this, participate and vote in relation to the matter.

For certainty, a council member who makes a statement under subsection (4) remains subject to

section 101 [restrictions on participation if in conflict] .

When a declaration under subsection (2) or a statement under subsection (4) is made,

the person recording the minutes of the meeting must record

the member's declaration or statement,

the reasons given for it, and

iii

the time of the member's departure from the meeting room and, if applicable, of the member's return, and

unless a statement is made under subsection (4), the person presiding at that meeting or any following meeting in respect of the matter must ensure that the member is not present at any part of the meeting during which the matter is under consideration.

Restrictions on participation if in conflict

This

section applies if a council member has a direct or indirect pecuniary interest in a matter, whether or not the member has made a declaration under

section 100.

The council member must not

remain or attend at any part of a meeting referred to in

section 100 (1) during which the matter is under consideration,

participate in any discussion of the matter at such a meeting,

vote on a question in respect of the matter at such a meeting, or

attempt in any way, whether before, during or after such a meeting, to influence the voting on any question in respect of the matter.

A person who contravenes this

section is disqualified from holding office as described in

section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Restrictions on inside influence

A council member must not use the member's office to attempt to influence in any way a decision, recommendation or other action to be made or taken

at a meeting referred to in

section 100 (1) [disclosure of conflict] ,

by an officer or an employee of the municipality, or

by a delegate under

section 154 [delegation of council authority] ,

if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

A person who contravenes this

section is disqualified from holding office as described in

section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Restrictions on outside influence

In addition to the restriction under

section 102, a council member must not use the member's office to attempt to influence in any way a decision, recommendation or action to be made or taken by any other person or body, if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

A person who contravenes this

section is disqualified from holding office as described in

section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Exceptions from conflict restrictions

Sections 100 to 103 do not apply if one or more of the following circumstances applies:

the pecuniary interest of the council member is a pecuniary interest in common with electors of the municipality generally;

in the case of a matter that relates to a local service, the pecuniary interest of the council member is in common with other persons who are or would be liable for the local service tax;

the matter relates to remuneration, expenses or benefits payable to one or more council members in relation to their duties as council members;

the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter;

the pecuniary interest is of a nature prescribed by regulation.

Despite sections 100 to 103, if a council member

has a legal right to be heard in respect of a matter or to make representations to council, and

is restricted by one or more of those sections from exercising that right in relation to the matter,

the council member may appoint another person as a representative to exercise the member's right on the member's behalf.

Restrictions on accepting gifts

A council member must not, directly or indirectly, accept a fee, gift or personal benefit that is connected with the member's performance of the duties of office.

Subsection (1) does not apply to

a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office,

compensation authorized by law, or

a lawful contribution made to a member who is a candidate for election to a local government.

A person who contravenes this

section is disqualified from holding office as described in

section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Disclosure of gifts

This

section applies if

a council member receives a gift or personal benefit referred to in

section 105 (2) (

a) that exceeds $250 in value, or

the total value of such gifts and benefits, received directly or indirectly from one source in any 12 month period, exceeds $250.

In the circumstances described in subsection (1), the council member must file with the corporate officer, as soon as reasonably practicable, a disclosure statement indicating

the nature of the gift or benefit,

its source, including, if it is from a corporation, the full names and addresses of at least 2 individuals who are directors of the corporation,

when it was received, and

the circumstances under which it was given and accepted.

A person who contravenes this

section is disqualified from holding office as described in

section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Disclosure of contracts with council members and former council members

If a municipality enters into a contract in which

a council member, or

a person who was a council member at any time during the previous 6 months,

has a direct or indirect pecuniary interest, this must be reported as soon as reasonably practicable at a council meeting that is open to the public.

In addition to the obligation under

section 100 [disclosure of conflict] , a council member or former council member must advise the corporate officer, as soon as reasonably practicable, of any contracts that must be reported under subsection (1) in relation to that person.

A person who contravenes subsection (2) is disqualified from holding office as described in

section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Restrictions on use of insider information

A council member or former council member must not use information or a record that

was obtained in the performance of the member's office, and

is not available to the general public,

for the purpose of gaining or furthering a direct or indirect pecuniary interest of the council member or former council member.

A person who contravenes this

section is disqualified from holding office as described in

section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Disqualification from office for contravening conflict rules

108.1

A person disqualified from holding office under this Division is disqualified from holding office

on a local government,

on the council of the City of Vancouver or on the Park Board established under

section 485 of the Vancouver Charter , or

as a trustee under the Islands Trust Act