British Columbia Order in Council — Municipal supplementary letters patent for the Town of Ladysmith and the Cowichan Valley Regional District (O.C. 742/2000)

O.C. 742/2000

British Columbia — Orders in Council

Presiding M tuber of the Exectiti■ie Council Minister of Municip PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council NoT _ 742 , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that 1. Supplementary Letters Patent, in the form attached, be issued for the Town of Ladysmith. 2. Supplementary Letters Patent, in the form attached, be issued for the Cowichan Valley Regional District. (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section. _Millicipal Act sections 20,24(2) and 782 Other (specify): 37A /c)(7)711

1111011111111111,0 Lieutenant Governor CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREETING. Minister of Municipal Affairs (

WHEREAS pursuant to the ( provisions of

section 776 of the (Municipal Act, the Cowichan Valley ( Regional District was ( incorporated by Letters Patent ( issued on September 26, 1967: 9' )

AND

WHEREAS the boundary of the Town ofLadysmith, hereinafter known as "the municipality", is extended by Supplementary Letters Patent for the Town ofLadysmith, approved and ordered by the Lieutenant Governor in Council concurrently with these Supplementary Letters Patent: AND

WHEREAS

section 782 of the AluricipalAci enables the Lieutenant Governor in Council to issue Supplementary Letters Patent, transferring from the regional district to the municipality, the jurisdiction for services in respect of all or a specified part of the service area: NOW KNOW YE THAT by these presents, We do order and proclaim that: TRANSFER OF REGIONAL DISTRICT SERVICES 1.0 The jurisdiction for all services ofthe Cowichan Valley Regional District, hereinafter referred to as "the regional district", which have application to the area newly enclosed within the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent and which now are within the jurisdiction ofthe municipality, are hereby transferred to the municipality in accordance with

section 782 of the Municipal Act REGIONAL DISTRICT ASSETS AND LIABILITIES 2.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, covenant, permit or otherwise 2

whatsoever, and all taxes, debts, actions, causes ofaction, and all claims and demands whatsoever, either at law or in equity, appertaining to the regional district in respect to the area newly enclosed within the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent, vest in and belong to the municipality on and from the effective date of these Supplementary Letters Patent. EFFECTIVE DATE 3.0 These Supplementary Utters Patent arc effective on the date approved and ordered by the Lieutenant Governor in Council.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be mad‘ ')atent and the Great Seal of Our said Province to be hereunto affixed. WITNESS, the Honourable Garde B. Gardom, Q.C., Lieutenant Governor of Our said Province of British Columbia, in Our City of Victoria, in Our said Province, this day of , in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attor ey General 3

WHEREAS by

Section 20 of the (Municipal Act it is provided the ( Lieutenant Governor in Council ( may, by Supplementary Letters Patent, ( extend the area of a municipality ( under the conditions therein ( set out: GREETING. Minister of Municipal Affairs ■ Lieutenant Governor CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come-

AND

WHEREAS a petition has been received by the Minister of Municipal Affairs from the Council of the Town of Ladysmith praying that the area of the municipality be extended to include all and singular those certain parcels or tracts of land situate, lying and being as follows: Firstly: Commencing at the northeast corner of Lot 1 of Lot 98, Oyster Land District, Registered Plan 15622 on file in the Land Title Office, Victoria; thence westerly along the northerly boundary of said Lot 1, Plan 15622 to the most westerly corner thereof; thence southeasterly along the southwesterly boundaries of Lots 1, 2, and 3 of Lot 98, Plan 15622, to the southwest corner of said Lot 3, Plan 15622; thence westerly along the northerly boundary of Lot 87 to the northeast corner of Lot A of Lot 87, Registered Plan 19015; thence southerly along the easterly boundary of said Lot A, Plan 19015 and continuing southerly along the southerly prolongation of the easterly boundary of Lot A, of Lot 87, Plan 19015 to the point of intersectior. with the northerly boundary of Lot 84; thence westerly along the northerly boundary of said Lot 84 to a point distant 24 feet easterly from the northwest corner thereof; thence southeasterly in a straight line, said line being parallel to the southwesterly boundary of Lot 84 for a distance of 205 feet; thence southeasterly in a straight line to the most westerly corner of that part of Lot 84 shown on Registered Plan DD 6616N; thence easterly along the northerly boundary of said part of Lot 84, Plan DD 6616N, to the northeast corner thereof; thence southeasterly along the northeasterly boundaries of those parts of Lot 84 shown on Registered Plans DD 6616N and DD 11418N to the southeast corner of said part of Lot 84, Plan DD 1 1418N, being a point on the northerly boundary of Lot 104; thence westerly and southerly along the northerly and westerly boundaries of Lot 104 to the southwest corner thereof; thence westerly along the easterly prolongation of the southerly boundary of Lot 75 to the point of intersection with the southwesterly limit

of Esquimalt and Nanaimo Railway right of way, Registered Plan 1176RW; thence northwesterly along said southwesterly limit of Esquimalt and Nanaimo Railway right of way, Plan 1176RW, for approximately 400 metres, to the point of intersection with the easterly limit of Trans Canada Highway right of way, Registered Plans 1539RW and 870RW; thence northerly along the said easterly limit of Trans Canada Highway right of way, Plans 1539RW and 870RW, for approximately 110 metres, to the point of intersection with the northeasterly limit of Comox Logging Company right of way, Registered Plan 304RW; thence southeasterly along the northeasterly limit of Comox Logging Company right of way, Plan 304RW to the point of intersection with the westerly prolongation of the southerly boundary of Lot 86 and being the northerly limit of Gladden Road right of way; thence easterly along said westerly prolongation and continuing easterly along the southerly boundary of Lot 86 to the southeast corner thereof, thence southeasterly in a straight line to the aforesaid northeast corner of Lot 1 of Lot 98, Plan 15622, being the point of commencement and containing by admeasurement 7.50 hectares of land, more or less.

Secondly: Commencing at the northeast corner of Lot 117, Oyster Land District, thence easterly along the northerly boundary of Lot 96 to the point of intersection with the southerly prolongation of the westerly boundary of Lot I of Lot 108, Registered Plan 47290, on file in the Land Title Office, Victoria; thence northerly along said southerly prolongation and continuing northerly along the westerly boundary of Lot 1 of Lot 108, Plan 47290 to the northwest corner thereof; thence westerly, northerly and westerly along the northerly, easterly and northerly boundaries of Lot 108 to the point of intersection with the northeasterly limit of Comox Logging and Railway Company Transmission Line right of way, Registered Plan 344RW; thence southeasterly along the said northeasterly limit of 3

Comox Logging and Railway Company Transmission Line right of way, Plan 344RW and continuing southeasterly along the southeasterly prolongation thereof, to the point of intersection with the northerly boundary of Lot 117; thence easterly along the northerly boundary of said Lot 117 to the aforesaid northeast corner thereof, being the point of commencement and containing by admeasurement 12.30 hectares of land, more or less.

Thirdly: Commencing at the northeast corner of Lot 126, Oyster Land District; thence westerly along the northerly boundary of said Lot 126 to the point of intersection with the southwesterly limit of B. C. Hydro and Power Authority Transmission Line right of way, 'Registered Plan 597RW, on file in the Land Title Office, Victoria; thence southeasterly along the said southwesterly limit of B. C.

Hydro and Power Authority Transmission Line right of way, Plan 597RW to the point of intersection with the westerly boundary of Block 1399; thence northerly along the westerly boundaries of Block 1399, Lot 116 and Lot 96, to the aforesaid northeast corner of Lot 126, being the point of commencement and containing by admeasurement 14.00 hectares of land, more or less. Fourthly: Commencing at the northeast corner of Lot 103, Oyster Land District; thence westerly along the northerly boundaries of Lot 103 and Block 192, to the point of intersection with the southwesterly limit of B. C.

Hydro and Power Authority Transmission Line right of way, Registered Plan 1878RW, on file in the Land Title Office, Victoria; thence southeasterly along the said southwesterly limit of B. C. Hydro and Power Authority Transmission Line right of way, Plan 1878RW to the point of intersection with the westerly boundary of Lot 52; thence northerly along the westerly boundaries of Lots 52 and 43 to the aforesaid northeast corner of Lot 103, being the point of 4

commencement and containing by admeasurement 63 80 hectares of land, more or less. AND

WHEREAS the conditions and requirements of the said

section 20 of the Municipal Aci have been duly complied with: NOW KNOW YE THAT by these presents We do order and proclaim that the area of the Town of Ladysmith be extended by the inclusion therein of the land hereinbefore described and that on, from and after the date of these Supplementary Letters Patent, the boundary of the Town of Ladysmith be defined as follows: Commencing at the northeast corner of the Remainder of Lot 3 of Lot 41, Oyster Land District, Registered Plan 2519, on file in the Land Title Office, Victoria, being a point on the natural high water mark of Ladysmith Harbour, on the southwesterly shore thereof, thence northeasterly in a straight line and in a direction perpendicular to the said high water mark of Ladysmith Harbour on the southwesterly shore thereof for a distance of 396.24 metres, thence in a general northwesterly direction 396.24 metres perpendicularly distant northeasterly from 'ir,d parallel to the said natural high water mark of Ladysmith Harbour on tne southwesterly shore thereof to the point of intersection with a straight line drawn northeasterly from the most easterly corner of Lot 292, Cowichan Land District, said line being in a direction parallel to the northwesterly boundary of Lot 128; thence southwesterly in a straight line to the aforesaid most easterly corner of Lot 292; thence westerly in a straight line to the southeast corner of Lot 86, Oyster Land District; thence westerly along the southerly boundary of said Lot 86, being also the northerly limit of Gladden Road right of way, and continuing westerly along the westerly

prolongation thereof to the point of intersection with the northeasterly limit of Comox Logging Company right of way, Registered Plan 304RW; thence northwesterly along the northeasterly limit of said Comox Logging Company right of way, Plan 304RW, for approximately 155 metres, to the point of intersection with the easterly limit of the Trans Canada Highway right of way, as shown on Registered Plans 870RW and 1539RW; thence southerly along the said easterly limit of Trans Canada Highway right of way, Plans 870RW and 1539RW, for approximately 110 metres, to the point of intersection with the southwesterly limit of Esquimalt and Nanaimo Railway right of way, Registered Plan 1176RW; thence southeasterly along the said Esquimalt and Nanaimo Railway right of way, Plan 1176RW to the point of intersection with the easteriy prolongation of the southerly boundary of Lot 75; thence westerly along said easterly prolongation to the southeast corner of Lot 75; thence westerly along the southerly boundary of said Lot 75 to the northeast corner of Lot 135; thence southerly along the easterly boundary of said Lot 135 to the northerly limit of Grouhel Road right of way; thence southerly in a straight line to the intersection of the southerly limit of said Grouhel Road with the said easterly boundary of Lot 135; thence southerly, southwesterly, and westerly along the boundaries of said Lot 135 to the point of intersection with the easterly boundary of Lot 106; thence southerly and westerly along the easterly and southerly boundaries of said Lot 106 to the northwest corner of that part of Lot 108 shown on Registered Plan 323R; thence southerly along the westerly boundary of the said part of Lot 108 shown on Plan 323R to the point of intersection with the northerly boundary of Lot 96; thence westerly along the northerly boundary of said Lot 96 to the point of intersection with the southerly prolongation of the westerly boundary of lot I of Lot 108, Registered Plan 47290; thence northerly along said southerly prolongation and continuing northerly along the westerly boundary of Lot 1 of Lot 108, Plan 47290 to the northwest corner thereof; thence westerly, northerly and westerly along the 6

northerly, easterly and northerly boundaries of Lot 108 to the point of intersection with the northeasterly limit of Comox Logging and Railway Company Transmission Line right of way, Registered Plan 344RW; thence southeasterly along the said northeasterly limit of Comox Logging and Railway Company Transmission Line right of way, Plan 344RW and continuing southeasterly along the southeasterly prolongation thereof, to the point of intersection with the northerly boundary of Lot 117; thence easterly along the northerly boundary of said Lot 117 to the northeast corner thereof; thence southerly and easterly along the westerly and southerly boundaries of Lot 96 to the point of intersection with the southwesterly limit of B.

C. Hydro and Power Authority Transmission Line right of way, Registered Plan 597RW; thence southeasterly along the said southwesterly limit of B. C. Hydro and Power Authority Transmission Line right of way, Plan 597RW to the point of intersection with the westerly boundary of Block 1399; thence southerly and easterly along the westerly and southerly boundaries of said Block 1399 to the point of intersection with the southwesterly limit of B. C. Hydro and Power Authority Transmission Line right of way, Registered Plan 1878R, thence southeasterly along the southwesterly limit of said B .C.

Hydro and Power Authority Transmission Line right of way, Plan 1878R to the point of intersection with the westerly boundary of Lot 52; thence southerly along the westerly boundary of said Lot 52 to the southwest corner thereof; thence easterly along the southerly boundary of Lot 52 to the northwest corner of Lot 67; thence southerly and easterly along the westerly and southerly boundaries of said Lot 67 to the southeast corner thereof; thence northerly along the easterly boundaries of Lots 67 and 42 to the point of intersection with the southwesterly limit of Chemainus Road right of way; thence southeasterly along the said southwesterly limit of Chemainus Road right of way, to the point of intersection with the southerly prolongation of the easterly boundary of the Remainder of Lot 3 of Lot 41, Plan 2519; thence northerly along said southerly prolongation and 7

continuing northerly along the easterly boundary of the Remainder of Lot 3 of Lot 41, Plan 2519 to the aforesaid northeast corner thereof, being the point of commencement and containing by admeasurement 839.45 hectares of land, more or less and 187.15 hectares of foreshore and land covered by water, more or less: AND THAT the Letters Patent of the Town of Ladysmith, hereinafter referred to as "the municipality" he deemed to be amended so as to conform to the premises as and from the date of these Supplementary Letters Patent subject to the provisions hereinafter contained or referred to: REGIONAL DISTRICT BYLAWS 1.0 Subject to these Supplementary Letters Patent and pursuant to

Section 24(2) of the A r.tnici pal Act, each bylaw, regulation, contract, restriction, right, resolution, order, licence and permit of whatsoever kind and description passed, made, enacted, entered into and granted, and in effect, or in force in, or issued to, or by the Cowichan Valley Regional District, hereinafter referred to as "the regional district", having application in the area newly included within the municipality by these Supplementary Letters Patent, insofar as they are within the powers of the municipality, shall remain in full force and effect in and for the municipality and each may be amended or repealed by the council of the municipality in the same manner as if they were passed, made, enacted, entered into, or granted by the municipality. 8

REGIONAL DISTRICT ASSETS AND LIABILITIES 2.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, covenant, or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the regional district, in respect to the area newly enclosed within the municipality by these Supplementary Letters Patent, vest in and belong to the municipality on and from the effective date of these Supplementary Letters Patent.

TRANSFER OF REGIONAL DISTRICT SERVICES 3.0 The jurisdiction for all services of the regional district which have application to the area newly enclosed within the municipality by these Supplementary Letters Patent and which are within the jurisdiction of the municipality, are hereby transferred to the municipality as set out in Supplementary Letters Patent of the regional district issued concurrently with these Supplementary Letters Patent. EFFECTIVE DATE 4.0 These Supplementary Letters Patent are effective on the date approved and ordered by the Lieutenant Governor in Council . 9

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. WITNESS, the Honourable Garde B. Gardom, Q.C., Lieutenant Governor of Our said Province British Columbia, in Our City of Victoria, in Our said Province, this ) 8 " day of H , in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Att--.r ey General 10

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 742/2000
Type	order_in_council
Volume / chapter	arc oic 0742 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	77d39d2076385db1b0e58b750a3e73860cd55121

Source file is stored in the law ingest library (pdf).