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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE TED NEBBELING

MINISTER OF STATE FOR

COMMUNITY CHARTER

BILL 76 – 2003

COMMUNITY CHARTER TRANSITIONAL PROVISIONS,

CONSEQUENTIAL AMENDMENTS AND OTHER

AMENDMENTS ACT, 2003

Contents

Section

Part 1 – Transitional Provisions

Definitions

Deemed continuation of previous enactments

Interim regulations

Continuation of municipal bylaws

Reasons for bylaw adoption

Counter petition opportunities in process

Hazard and nuisance requirements in process

Mayor's authority to require reconsideration

Construction bylaws

Heritage, riparian, cemetery and golf course exemptions and valuations

Irrigation bylaws

Disposal of assets acquired with Provincial grants

Transfer of subdivision park land

Annual municipal report

Disclosure of gifts and personal benefits

Procedure bylaws

Special funds

Parcel taxes

Specified areas and business improvement areas

Regulations under this Act

Part 2 – Consequential Amendments

21-529

Consequential Amendments

Part 3 – Other Amendments to the Community Charter

530-549

Other Amendments

Commencement

Explanatory Notes

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

Part 1 – Transitional Provisions

Definitions

1 In this Part:

"existing bylaw" means a bylaw that is validly

in force on the day before the date that the authority for the bylaw is repealed,

amended or substituted by this Act or the Community Charter ;

"new" , in relation to an enactment, means, as applicable,

(

a) the relevant provision of the Community Charter ,

(

b) the enactment as amended or substituted by the relevant provision of this Act;

"previous" , in relation to an enactment, means

the provision as it read immediately before its repeal, amendment or substitution

by the applicable provision of this Act or the Community Charter .

Deemed continuation of previous enactments

2 Despite the amendment, substitution or repeal of a previous enactment, if this Part or a regulation under this Part provides for the continued application, or the continuation, of bylaws authorized under the previous enactment, the previous enactment is deemed to be continued for this purpose.

Interim regulations

(1) Despite this Act, the Community Charter or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(

a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in the Community Charter, this Act or another Act affected by the Community Charter or this Act;

(

b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing the Community Charter or this Act into operation;

(

c) making provisions the Lieutenant Governor in Council

considers necessary or advisable for the purpose of preventing, minimizing or

otherwise addressing any transitional difficulties encountered in bringing into

operation the Community Charter , this Act or another Act affected

by the Community Charter or this Act, including provisions providing

an exception to or a modification of a provision in

an Act or providing for

the continued application of a previous enactment;

(

d) resolving any errors, inconsistencies or ambiguities

in the Community Charter , this Act or another Act that arise in

relation to the Community Charter or this Act.

(2) A regulation under subsection (1) may be made retroactive to a date not earlier than March 11, 2003, being the date on which the Community Charter received First Reading in the Legislative Assembly.

(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(4) A regulation under subsection (1) ceases to have effect at the end of the last day of the next session of the Legislative Assembly after the regulation is made.

(5) A regulation may not be made under subsection (1) if a regulation has been made under that subsection that has the same effect.

(6) Regulations may not be made under subsection (1) after December 31, 2005.

Continuation of municipal bylaws

(1) If a previous enactment provided authority for an existing bylaw that could not be adopted under a new enactment, the bylaw continues in force as a valid bylaw until it is repealed or amended, unless the amendment is adopted after a regulation under subsection (2) has continued the necessary authority.

(2) If a bylaw is continued under subsection (1), a local government that intends to amend the bylaw may request that the Lieutenant Governor in Council, by regulation, continue the authority necessary in relation to the bylaw and the Lieutenant Governor in Council may make regulations for that purpose.

(3) A regulation under subsection (2) may be made retroactive to the date on which the enactment that provided authority was repealed, amended or substituted.

(4) If an existing bylaw has new authority, the bylaw

(

a) is deemed to have been adopted under that authority, and

(

b) in the case of a bylaw to which

section 9 [spheres

of concurrent authority] of the Community Charter would apply if

the bylaw were adopted after that

section came into force, is deemed to have

been adopted with the approval of the minister responsible.

Reasons for bylaw adoption

Section 8 (9) of the Community Charter

does not apply in respect of a bylaw deemed under

section 4 (4) of this Act

to have been adopted under

section 8 (3), (4), (5) or (6) of the Community

Charter , unless the council

(

a) amends the bylaw in a manner that requires the exercise of a power under

section 8 (3), (4), (5) or (6) of that Act to regulate, prohibit or impose requirements, or

(

b) repeals the bylaw.

Counter petition opportunities in process

(1) If a previous enactment required that a

counter petition opportunity be provided in relation to a bylaw or other matter,

and if notice of the counter petition opportunity has been given in accordance

with the previous

section 172.4 [notice of counter petition opportunity]

of the Local Government Act ,

(

a) the rules under the Local Government Act respecting a counter petition opportunity continue to apply so long as the bylaw is adopted or the relevant action is taken, as applicable, within one year after the requirement for a counter petition is repealed, and

(

b) the provisions of the new enactment respecting approval of the electors do not apply.

(2) A bylaw adopted or another action taken under a previous enactment following a counter petition opportunity is deemed to have been adopted with the approval of the electors.

Hazard and nuisance requirements in process

7 If, before Division 12 [Remedial Action Requirements]

Part 3 of the Community Charter comes into force,

(

a) a bylaw under the previous

section 698 [dangerous

buildings] or 711 [hazardous trees and shrubs] of the Local Government

Act has been given first reading, or

(

b) a resolution under the previous

section 727 [declared

nuisances] of the Local Government Act has been adopted,

the local government may proceed under the previous enactment and, if so, the previous enactment continues to apply.

Mayor's authority to require reconsideration

8 If a bylaw, resolution or proceeding was voted

on by a local government before

section 131 [mayor may require reconsideration

of a matter] of the Community Charter came into force, the mayor

or chair may require reconsideration of the matter only in accordance with the

previous

section 219 [mayor may return bylaw for reconsideration by council]

of the Local Government Act , and for these purposes

section 219

of that Act applies.

Construction bylaws

(1) If the construction under a construction

bylaw adopted under the previous

section 623 [works that may be undertaken

as local improvements] or 624 [sidewalk canopies as local improvements]

of the Local Government Act is started or completed by, or will be started

within one year of, the date that the previous

Part 19 [Local Improvements

and Specified Areas] of the Local Government Act is repealed, the

previous Division 1 [Local Improvements] of

Part 19 of the Local Government

Act continues to apply in relation to that construction.

(2) As an exception to

section 189 [use of money in

reserve funds] of the Community Charter , the previous

section 639

[payment of costs from local improvement fund] of the Local Government

Act continues to apply for the purposes of the application of the previous

Division 1 [Local Improvements] of

Part 19 of the Local Government

Act in relation to a construction bylaw referred to in subsection (1).

Heritage, riparian, cemetery and golf course exemptions and valuations

(1) In relation to a tax exemption provided

under the previous

section 342 [exemptions for heritage properties] of

the Local Government Act , the previous

section 343 [repayment

requirement in relation to heritage tax exemptions] of that Act continues

to apply.

(2) In relation to a tax exemption provided under the

previous

section 343.1 [exemptions for riparian property] of the Local

Government Act , the previous

section 343.2 [repayment requirement

in relation to riparian exemptions] of that Act continues to apply.

(3) In relation to a valuation agreement under the previous

Division 2 [Golf Course and Cemetery Valuation Agreements] of

Part 10

of the Local Government Act , that previous Division continues

to apply until the valuation agreement expires.

Irrigation bylaws

11 If a bylaw referred to in the previous

section

553 [irrigation bylaws override agreements] of the Local Government

Act has overridden the terms of any agreement respecting the carriage or

supply of water for irrigation, the previous

section 553 continues to apply

in respect of the agreement.

Disposal of assets acquired with Provincial grants

(1) This

section applies only in relation to grants provided by the Provincial government before this

section comes into force.

(2) As a limitation on

section 8 (1) [natural person

powers] of the Community Charter and

section 176 (1) (d) [corporate

powers – property] of the Local Government Act , unless excepted

under subsection (3) of this section, a local government must notify the inspector

before disposing of land, improvements or works acquired or constructed by or

for a local government in whole or in part with a Provincial grant that was

provided for that purpose.

(3) The obligation to notify the inspector under subsection (2) does not apply if

(

a) the first payment of all or part of the grant was provided at least 20 years before the intended disposal and the local government no longer receives grant payments with respect to that property, or

(

b) the land, improvement or work will be used for the public purpose for which it was acquired or constructed for at least 20 years after the date of the first payment of all or part of the grant.

(4) Within 30 days after receiving notice under subsection (2) or, if applicable, within the longer period established under subsection (6), the inspector may, subject to the regulations, by notice in writing require the local government to repay all or part of the Provincial grants paid to the local government with respect to the property, on the terms specified in the notice.

(5) The local government may appeal a decision of the

inspector under subsection (4) of this

section and, for this purpose, the new

section 1024 [appeal from an inspector's decision] of the Local Government

Act applies.

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

section as follows:

(

a) respecting the matters or information to be included in the local government's notification to the inspector;

(

b) prescribing the conditions under which a grant becomes repayable under this section;

(

c) respecting the means and basis for calculating the whole or part of the Provincial grant that is repayable;

(

d) specifying the circumstances in which the inspector may take more than 30 days to issue a notice under subsection (4).

Transfer of subdivision park land

13 The vesting of Crown land in a municipality

under

section 29 [transfer of subdivision park land] of the Community

Charter that occurs on the date that

section comes into force is subject

to any reservations that applied to the Crown's title.

Annual municipal report

(1) For the first annual report required under

section 98 [annual municipal report] of the Community Charter ,

the following do not apply:

(

a) the obligations under subsection (2) (b), (

c) and (

d) of that section;

(

b) the obligation under subsection (2) (

f) of that

section to include a statement of objectives for the current year;

(

c) the obligation under subsection (2) (

f) of that

section to include measures that will be used to determine progress respecting objectives for the current and next year.

(2) For the second annual report required under

section

98 of the Community Charter , the obligations under subsection

(2) (

d) of that

section do not apply.

Disclosure of gifts and personal benefits

Section 106 (2) [disclosure of gifts]

of the Community Charter does not apply in respect of any gift or benefit

received before the date that

section comes into force.

Procedure bylaws

(1) The obligation to adopt a procedure bylaw

respecting the matters referred to in

section 124 (2) [procedure bylaws --

required provisions] of the Community Charter does not apply until

120 days after that

section comes into force.

(2) Until a procedure bylaw respecting the matters referred to in subsection (1) of this

section is adopted,

(

a) for the purposes of

section 124 (2) (c) [procedure

bylaws – council and council committee minutes] of the Community Charter ,

the previous sections 236 [minutes of council meetings] and 237 [minutes

of council committee meetings] of the Local Government Act apply,

(

b) for the purposes of

section 124 (2) (e) [procedure

bylaws – public notice posting places] of the Community Charter ,

the municipal hall is deemed to be the public notice posting place, and

(c)

section 130 (2) [council members to choose member

to preside] of the Community Charter applies whenever the mayor is

absent from a council meeting.

Special funds

(1) A sinking fund to which the previous Division

1 [Sinking Funds] of

Part 13 of the Local Government Act applied

and that is in existence at the time that Division is repealed, continues as

a sinking fund and, for that purpose, that Division continues to apply until

the debt for which the sinking fund was established is paid.

(2) A debt retirement fund under the previous Division

2 [Debt Retirement Funds] of

Part 13 of the Local Government Act

that is in existence at the time that Division is repealed is deemed to be a

reserve fund under Division 4 [Reserve Funds] of

Part 6 of the Community

Charter .

(3) A reserve fund established for the purposes of the

previous

section 935 [development cost charge reserve funds] of the Local

Government Act is deemed to be a reserve fund under Division 4 [Reserve

Funds] of

Part 6 of the Community Charter .

(4) A local improvement fund under the previous

section

500 [local improvement fund] of the Local Government Act is deemed

to be a reserve fund established under Division 4 [Reserve Funds] of

Part 6 of the Community Charter .

Parcel taxes

18 If, at the time Division 4 [Parcel Taxes]

Part 7 of the Community Charter comes into force,

(

a) a bylaw under the previous Division 2 [Parcel

Taxes] of

Part 10.1 of the Local Government Act imposes a parcel

tax in relation to a service that is provided to land or improvements,

(

b) the bylaw imposes the parcel tax for more than one year, and

(

c) the parcel tax is imposed on a parcel that does not

have the opportunity to be provided with the service as required under

section

201 (2) [restriction on parcel taxes] of the Community Charter ,

the parcel tax is imposed on that parcel for the calendar year in which

section 201 of the Community Charter comes into force, but does not apply to the parcel for subsequent years unless circumstances change such that the parcel has the opportunity to be provided with the service.

Specified areas and business improvement areas

(1) Specified areas under the previous

Part

19 [Local Improvements and Specified Areas] of the Local Government

Act are deemed to be local service areas under Division 5 [Local Service

Taxes] of

Part 7 of the Community Charter .

(2) Business improvement areas and mountain resort business

improvement areas under the previous

Part 19 [Local Improvements and Specified

Areas] of the Local Government Act are deemed to be business improvement

areas under

section 215 [business improvement areas] of the Community

Charter .

Regulations under this Act

20 The new

section 6.6 (3) [variation authority]

of the Local Government Act applies to regulations under this Act.

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