Municipalities Enabling and Validating Act (No. 2)

July 27, 1990

1325524918/90061/tlc90061_f

E2tlc90061

Dissolution of the Southern Okanagan Lands Irrigation

District

The following are confirmed and validated effective

December 15, 1989:

order of the Lieutenant Governor in Council 1870/89, as amended by order of

the Lieutenant Governor in Council 510/90, dissolving the Southern Okanagan Lands

Irrigation District and ordering transfer of its assets and liabilities to the Town of

Osoyoos and the Village of Oliver in accordance with

Schedule A to the

order;

all provisions of

Schedule A to the order confirmed and validated by paragraph

(a).

The Town of Osoyoos and the Village of Oliver are bound by the provisions of

Schedule A to the order confirmed and validated by subsection (1) (

a) to the same

extent they would be bound if those provisions were included in supplementary letters

patent for those municipalities.

All things done that would have been validly done had this

section in fact been

in force on December 15, 1989 shall be conclusively deemed to have been validly

done.

This

section shall be deemed to have come into force on December 15, 1989 and is

retroactive to the extent necessary to give it effect on and after that date and shall

not be construed as lacking retroactive effect in relation to any matter because it

makes no specific reference to that matter.

1990-61-1.

Invermere borrowing authority for settlement of law

suits

Notwithstanding sections 324 and 330 of the Municipal

Act , the District of Invermere may, without obtaining assent of

the electors, adopt a loan authorization bylaw that authorizes borrowing to a maximum

amount of $250 000 for a maximum term of 3 years in order to satisfy the settlement

reached respecting the British Columbia Supreme Court actions, Action No. A852893,

Vancouver Registry and Action No. C891281, Vancouver Registry.

Notwithstanding

section 320 of the Municipal

Act , the District of Invermere may in 1990, for the purpose

referred to in subsection (1), incur a liability beyond the aggregate of the municipal

revenue for this year and any accumulated revenue surplus of prior years appropriated

for the annual budget or for the annual budget as amended for this year.

1990-61-2.

Fort St. John development cost charges validation

Notwithstanding any other enactment, the City of Fort St. John is authorized to

impose, between November 19, 1979 and the date this

section comes into force,

development cost charges in accordance with the bylaw cited as "Development Cost Charges

By-law 1979" given third reading by the council of the City of Fort St. John on

November 19, 1979.

A development cost charge imposed between November 19, 1979 and the date this

section comes into force that would have been validly collected had the bylaw referred

to in subsection

(1) been validly in force at the time it was collected shall be

conclusively deemed to have been validly collected as though the bylaw were validly in

force at that time, notwithstanding any order of any court to the contrary made before

or after the coming into force of this section.

1990-61-3.

Islands Trust zoning bylaw validation

A bylaw respecting the use of land, including a zoning bylaw, that would apply

or would have applied within the trust area, as defined in the Islands Trust

Act , had the statutory preconditions to its enactment, including

preconditions regarding notice, been complied with is conclusively deemed to have been

validly in force, to the extent that it would apply or would have applied within the

trust area had those statutory preconditions to its enactment been complied with, from

the date that it would have been validly in force had those statutory preconditions been

complied with, notwithstanding that one or more of the statutory preconditions was not

complied with.

Subsection (1) applies to retroactively validate any bylaw described in

that subsection, to the extent provided by that subsection, notwithstanding any decision

of a court to the contrary.

1990-61-4.

Okanagan municipality phased farm property tax

exemption

Where the Lieutenant Governor in Council incorporates all or part of Electoral

Area A of the Regional District of Central Okanagan as a new municipality, the letters

patent incorporating the municipality may provide that, notwithstanding

section 398 of the

Municipal Act , real property that before the

incorporation is exempt from taxation by reason of

section 13 (1) (

f) of the Taxation

(Rural Area) Act but that after the incorporation is not exempt

from taxation under the Municipal Act shall be exempted from

taxation as follows:

in the first year after incorporation, to the extent of 100% of the exemption

that would have applied to the property had the incorporation not taken

place;

in the second year after incorporation, to the extent of 80% of the exemption

that would have applied to the property had the incorporation not taken

place;

in the third year after incorporation, to the extent of 60% of the exemption

that would have applied to the property had the incorporation not taken

place;

in the fourth year after incorporation, to the extent of 40% of the exemption

that would have applied to the property had the incorporation not taken

place;

in the fifth year after incorporation, to the extent of 20% of the exemption

that would have applied to the property had the incorporation not taken

place.

1991-5-2.

Establishment of wards where Campbell River municipal boundaries

extended

Where the boundaries of the District of Campbell River are extended by letters

patent to include all or part of Electoral Areas D, E and F of the Regional District of

Comox-Strathcona, the letters patent may

establish each electoral area or portion of an electoral area that is included

in the municipality as a ward for the purpose of representation on the council of the

municipality until the next general local election, and

appoint the incumbent electoral area director to the council of the

municipality to represent the ward until the next general local election.

Where a person is appointed to the municipal council under subsection (1) (b),

the person ceases to be an electoral area director and

section 779 of the Municipal Act applies to the vacancy in the seat of the

electoral area director.

1991-5-2.

Anarchist Mountain electric power specified area

validation

Notwithstanding the Municipal

Act , a requirement established by or under the Municipal Act or a decision of any court to the

contrary, the bylaw cited as "Anarchist Mountain Specified Area Establishment and Loan

Authorization Bylaw, No. 628, 1981" adopted by the board of the Regional District of

Okanagan-Similkameen on August 20, 1981, shall be conclusively deemed to have been

validly adopted on that date and to have been in force since it was adopted on that

date.

Notwithstanding the Municipal

Act , a requirement established by or under the Municipal Act or a decision of any court to the

contrary, the bylaw cited as "Regional District of Okanagan-Similkameen Security Issuing

Bylaw No. 736, 1982", adopted by the board of the Regional District of

Okanagan-Similkameen on October 21, 1982, shall be conclusively deemed to have been

validly adopted on that date and to have been in force since it was adopted on that

date.

A tax or charge that would have been validly collected had the bylaws referred

to in subsections (1) and (2) been in force at the time it was collected shall

be conclusively deemed to have been validly collected as though the bylaws were in force

at that time.

Everything done that would have been validly done had the bylaws referred to in

subsections

(1) and (2) been validly adopted on the dates they were

adopted shall be conclusively deemed to have been validly done, notwithstanding a

decision of any court to the contrary.

The Regional District of Okanagan-Similkameen may, by bylaw under

section 767 of the

Municipal Act , convert the service provided under the

bylaws referred to in subsections (1) and (2) of this

section into a service under

Part 24 of the Municipal Act , with the costs of the

service to be recovered by means of a parcel tax.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and shall not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1991-5-2.

Harrison Hot Springs loan authorization bylaw for purchase of fire

department equipment

Notwithstanding the Municipal

Act , the bylaw cited as "Loan Authorization By-Law No. 531, 1990

(Fire Apparatus)" adopted by the council of the Village of Harrison Hot Springs on

November 27, 1990 shall be conclusively deemed to have been validly adopted on that date

and to have been in force since it was adopted on that date.

Notwithstanding the Municipal

Act , including requirements established by the Municipal Act regarding the loan authorization bylaw

referred to in subsection (1), the bylaw cited as "The Corporation of the Village of

Harrison Hot Springs Fire Department Apparatus Security Issuing Bylaw No. 537, 1991"

given third reading by the council of the Village of Harrison Hot Springs on February

26, 1991 may be adopted by being given final reading by that council at any time after

this Act comes into force and, when adopted, shall be deemed to have been validly

adopted on the date of its adoption and to have been in force from that date.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and shall not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1991-14-13.

Cariboo and Thompson-Nicola joint library system

The Cariboo Regional District and the Thompson-Nicola Regional District continue

to have the authority to borrow for the purposes of their joint library system service

as provided in their supplementary letters patent dated April 28, 1989.

Subsection (1) applies despite

section 767 (8) of the Municipal

Act and the adoption by the regional districts of bylaws under

section 767

(4) of the Municipal Act respecting the joint

library system service.

This

section shall be deemed to have come into force on May 17, 1991 and is

retroactive to the extent necessary to give it effect on and after that date.

1992-15-2.

Taylor and Fort St. John tax sharing agreement

Notwithstanding the Municipal

Act and the letters patent of the District of Taylor, the

revenue sharing agreement between the District of Taylor and the City of Fort St. John

requiring taxes collected by the District of Taylor to be shared with the City of Fort

St. John, dated May 13, 1991 and agreed to be retroactive of January 1, 1991, is

confirmed and validated and is binding on the parties to it.

A payment made in 1991 under the agreement referred to in subsection

(1) shall be deemed to have been validly made at the time it was

made.

1992-15-2.

Repealed

[Repealed 2008-5-91.]

Central Okanagan: Johnson-Bentley Memorial Aquatic

Centre

Notwithstanding the Municipal

Act but subject to this section, the Regional District of

Central Okanagan may provide by bylaw that a portion of the costs of the Johnson-Bentley

Memorial Aquatic Centre, established by bylaw cited as "Johnson-Bentley Aquatic Centre

Specified Area Establishment and Loan Authorization Bylaw No. 329, 1987", be recovered

by means of a parcel tax that applies only to parcels that are eligible residential

property classified as Class 1 property under

section 26 of the Assessment Act .

Before a bylaw under subsection (1) is adopted, it must receive the assent of

the electors in the entire service area and, for this purpose, sections 796

(2) and 798 of the Municipal Act apply.

A parcel tax under subsection (1) must be imposed in the manner provided in

sections 810

(2) and 810.1 (2) of the Municipal

Act .

The portion of the costs that may be recovered by a parcel tax under this

section, together with any portion recovered by a property value tax on those parcels,

must equal the portion that would otherwise be recoverable by means of a property value

tax levied under

section 810 (1) and 810.1 (1) of the Municipal

Act for Class 1 property referred to in subsection

(1) on the same parcels.

On adoption of a bylaw under this section, the secretary of the regional

district board must file the bylaw with the inspector of municipalities.

1992-45-9.

Validation of Victim Assistance Program agreements

All agreements that have been entered into between the government and a

municipality, whether in effect currently or in effect previously, under which the

municipality on behalf of the government provides or provided a program of police based

victim assistance services, both within and without the boundaries of the municipality,

are confirmed and validated effective the date on which they were entered

into.

All resolutions and bylaws in relation to an agreement referred to in subsection

(1) are confirmed and validated, effective the date on which they were

adopted, to the extent they would have been valid had subsection (1) been in force on

the date they were adopted.

A municipality is conclusively deemed to have had the authority to enter into an

agreement referred to in subsection (1) at the time at which the agreement was

entered into, to have had the authority to adopt a resolution or bylaw referred to in

subsection

(2) at the time it was adopted and to have had and continue to have the

authority to carry out the agreement in accordance with its terms.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and shall not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1992-77-7.

Maple Ridge parking specified area validation

Despite the Municipal Act or any failure to

comply with a requirement established by the Municipal

Act , by bylaw cited as "Maple Ridge Downtown Parking Specified

Area Establishment and Loan Authorization By-law No. 4598-1991" adopted by the council

of the Corporation of the District of Maple Ridge on November 18, 1991, is conclusively

deemed to have been validly adopted on that date and to have been in force since it was

adopted on that date.

Everything done that would have been validly done had the bylaw referred to in

subsection

(1) been validly adopted on the date it was adopted shall be conclusively

deemed to have been validly done.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and shall not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1992-77-7.

Town of Sidney Port Development agreements validation

Despite sections 322 (1) (b), 529 (2), 538 (1) and 542 (1) of the Municipal Act , agreements and other instruments entered

into between January 1, 1982 and July 1, 1992 by the Town of Sidney and another party

respecting or relating to the acquisition and disposition of land including

improvements, or an interest in such land, in relation to the Sidney Port Development

are confirmed and validated effective the date on which they were entered

into.

All resolutions and bylaws in relation to an agreement or instrument referred to

in subsection

(1) are confirmed and validated, effective the date on which they were

adopted, and all things done that would have been validly done had subsection

(1) in fact been in force on the day they were done shall be conclusively

deemed to have been validly done.

The municipality is conclusively deemed to have had the authority to enter into

an agreement or instrument referred to in subsection (1) at the time at

which it was entered into and to have had and continue to have the authority to carry

out the agreement or instrument in accordance with its terms.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1993-22-1.

Nanaimo Beban Park agreement validation

Despite the Municipal Act and the letters patent

of the Nanaimo Regional District, the agreement between the City of Nanaimo and the

Nanaimo Regional District dated December 28, 1990 and referred to in the City of Nanaimo

bylaw cited as "Beban Park Master Agreement Bylaw 1991 No. 3838" is confirmed and

validated and is binding on the parties and within their powers, effective the date on

which it was entered into.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and shall not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1993-22-1.

District of Invermere Industrial Park agreement

validation

All agreements entered into between January 1, 1981 and December 31, 1992

between the Village of Invermere or its successor, the District of Invermere, and the

Province of British Columbia regarding the provision of loans by the Province to the

municipality for the purpose of purchasing, developing and servicing industrial lands

within the municipality, are confirmed and validated effective the date on which they

were entered into despite the provisions of the Municipal

Act requiring the adoption of bylaws authorizing the

agreements.

All resolutions and bylaws in relation to an agreement referred to in subsection

(1) are confirmed and validated, effective the date on which they were

adopted, and all things done that would have been validly done had subsection

(1) in fact been in force on the day they were done shall be conclusively

deemed to have been validly done.

The municipality is conclusively deemed to have had the authority to enter into

an agreement referred to in subsection (1) at the time at which the agreement was

entered into and to have had and continue to have the authority to carry out the

agreement in accordance with its terms.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and shall not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1993-22-1.

Regional District of Fraser-Cheam: Hope Airport

transfer

Despite

section

535 of the Municipal Act , the Regional District of

the transferred property from the regional district.

1993-22-1.

Burnaby services to Jericho Hill School

The City of Burnaby may, by agreement with the Board of School Trustees of

School District No. 41 (Burnaby), provide health and social services to the students

enrolled in the Jericho Hill Provincial Resource Program, whether those services are to

be provided within the municipality or outside the municipality.

All resolutions and bylaws in relation to the services referred to in subsection

(1) are confirmed and validated, effective the date on which they were

adopted to the extent they would have been valid had subsection (1) been in force on

the date they were adopted.

The City of Burnaby is conclusively deemed to have had the authority to enter

into an agreement referred to in subsection (1) at the time at which the agreement was

entered into, to have had the authority to adopt a resolution or bylaw referred to in

subsection

(2) at the time it was adopted and to have had and continue to have the

authority to carry out the agreement.

This

section shall be deemed to have come into force on September 1, 1992 and is

retroactive to the extent necessary to give it effect on and after that date.

1993-22-1.

Regional District and Islands Trust bylaws validation

This

section applies to all current or former described plans and bylaws of a

regional district, a local trust committee under the Islands Trust

Act or the executive committee acting as a local trust committee

under that Act.

An official community plan, rural land use bylaw or zoning bylaw that is or was

invalid by reason of a failure to comply with either or both of

the requirements and limitations of the Municipal

Act regarding the delegation of the holding of a public

hearing on the bylaw, and

the requirements of the Municipal

Act regarding the contents of the notice of the public hearing

on the bylaw,

is conclusively deemed to have been validly in force, from the date it would

have been in force had the requirements and limitations been complied with, to the

extent that it would have been validly in force had these requirements and limitations

been complied with.

A zoning bylaw or subdivision servicing bylaw that

at the time of adoption applied only to an area subject to an official

settlement plan referred to in

section 997 of the Municipal

Act ,

was consistent with the official settlement plan, and

was not approved by the minister as required by

section 973 of the Municipal Act

is conclusively deemed to have been validly in force, from the date it would

have been in force had the approval of the minister not been required, to the extent

that it would have been validly in force had the requirement to obtain approval been

complied with.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1993-29-1.

Cominco economic plan under the Job Protection

Act

Despite any other enactment, an economic plan under the Job Protection

Act may authorize the City of Trail and the Regional District of

Kootenay Boundary, as public bodies for the purposes of that Act, to enter into an

agreement under the economic plan that imposts payable by Cominco Ltd. to the

municipality or the regional district are, for a period of not more than 10 years, to be

paid at a rate, or in an amount, or at a time or times, or in a manner different from

that required or authorized under

an Act listed in the

Schedule to the Job

Protection Act .

For certainty, if the requirements of

section 9 of the Job

Protection Act are met for an economic plan under subsection

(1), the economic plan is a plan in force and effect under that

section for the purposes

of that Act, and

section 20 (2) of that Act applies.

1993-29-2.

Regional District of Kootenay Boundary variable tax rate

plans

Despite any other enactment, if an economic plan referred to in

section 21 is in

force, the Regional District of Kootenay Boundary may, by bylaw, establish an annual

variable tax rate plan under which different tax rates will be determined and imposed

for a tax year in accordance with the economic plan for each class of property within

the regional district with the plan to be implemented by the apportionment of

requisitions under

section 808 of the Municipal

Act .

A variable tax rate plan under subsection (1) must set

out

the relationships between tax rates for each class of property, and

the basis of apportionment of the costs of providing each service that will be

paid for by amounts requisitioned under

section 809 or 809.1 of the Municipal Act in accordance with the plan.

Despite any other enactment, whether or not an economic plan referred to in

section 21 is in force, the variable tax rate plan for the 1993 year approved by

resolution of the board of the Regional District of Kootenay Boundary on

February 25, 1993, providing for different tax rates for different classes of property

within the regional district, is confirmed and validated effective

March 29, 1993.

A tax that would have been validly imposed under the plan referred to in

subsection

(3) had that subsection been in force at the time that tax was imposed is

conclusively deemed to have been validly imposed as though the plan had been in effect

at that time, despite any order of any court to the contrary made before or after the

coming into force of this section.

All tax rates imposed under a variable tax rate plan under subsection

(1) or (3) must be imposed in accordance with the

relationships between tax rates for each class of property as set out in the

plan.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking in retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1993-29-3.

District of Vanderhoof: Vanderhoof Airport transfer

Despite

section

535 of the Municipal Act , the District of

transferred property from the municipality.

1993-29-4.

Validation of existing victim assistance agreements

All agreements that have been entered into between the government and a

municipality, under which the municipality on behalf of the government provides a

program of victim assistance services, both within and without the boundaries of the

municipality, are confirmed and validated effective the date on which they were entered

into.

All resolutions and bylaws in relation to an agreement referred to in subsection

(1) are confirmed and validated, effective the date on which they were

adopted, to the extent they would have been valid had subsection (1) been in force on

the date they were adopted.

A municipality is conclusively deemed to have had the authority to enter into an

agreement referred to in subsection (1) at the time at which the agreement was

entered into, to have had the authority to adopt a resolution or bylaw referred to in

subsection

(2) at the time it was adopted and to have had and continue to have the

authority to carry out the agreement in accordance with its terms.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and shall not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1993-59-43.

Fort St. James, Telkwa and Fraser Lake gas franchise

agreements

Despite

section 646 of the Municipal

Act , The Corporation of the Village of Fort St. James and The

Corporation of the Village of Telkwa may, by bylaw adopted without the assent of the

electors, enter into an exclusive or limited franchise agreement with Pacific Northern

Gas Ltd. for a term not exceeding 21 years to supply natural gas service to the

residents of the applicable municipality.

Despite

section 646 of the Municipal

Act , the agreement dated August 13, 1988, between the Village of

Fraser Lake and Pacific Northern Gas Ltd. relating to the supply of natural gas service

by Pacific Northern Gas Ltd. to the residents of the municipality is confirmed and

validated effective that date.

All resolutions and bylaws in relation to the agreement referred to in subsection

(2) are confirmed and validated, effective the date on which they were

adopted, and all things done that would have been validly done had subsection

(2) in fact been in force on the day they were done is conclusively deemed

to have been validly done.

The Village of Fraser Lake is conclusively deemed to have had the authority to

enter into the agreement referred to in subsection (2) at the time at

which the agreement was entered into and to have had and continue to have the authority

to carry out the agreement in accordance with its terms.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1994-52-121.

Regional District of Fraser-Cheam bylaws validation

Despite sections 948 and 973 of the Municipal

Act , the bylaws of the Regional District of Fraser-Cheam cited

as "Zoning Amendment Bylaw No. 1000, 1993" and "Official Settlement Plan Amendment Bylaw

No. 1085, 1993", adopted by the Regional District of Fraser-Cheam on August 4, 1993, and

the Official Settlement Plan adopted by the "Official Settlement Plan Amendment Bylaw

No. 1085, 1993" are conclusively deemed to have been validly in force from the date they

would have been in force had the approval of the minister been obtained before the date

of adoption, to the extent that they would have been validly in force had the

requirement to obtain that approval been met.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking in retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1994-52-121.

Dawson Creek gas franchise agreement

Despite

section

646 of the Municipal Act , The Corporation of the

City of Dawson Creek may, by bylaw adopted without the assent of the electors, enter into

an exclusive or limited franchise agreement with Pacific Northern Gas Ltd. for a term not

exceeding 21 years to supply natural gas service to the residents of the

municipality.

1995-29-4.

Vancouver Arbutus Neighbourhood Plan implementation

Despite

section

523D of the Vancouver Charter , for the purpose of

implementing the Arbutus Neighbourhood Plan adopted by the Council of the City of

Vancouver on November 19, 1992, the Council may, by by-law, impose a development cost levy

under that

section but only on those parcels that are within the area covered by that Plan

and are specified in the by-law.

1995-29-4.

Incorporation of the City of Abbotsford

Despite

section 20 (2) of the Municipal

Act , the incorporation of the municipality created by the

amalgamation of the District of Abbotsford and the Corporation of the District of

Matsqui as a city by letters patent issued by Order in Council 1429/94, dated

November 24, 1994, and named the City of Abbotsford by Order in Council 1474/94, dated

December 8, 1994, is confirmed and validated effective November 24, 1994.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1995-29-4.

Gulf Islands minimum parcel size validation

In this section:

parcel size bylaw means

a bylaw under the Municipal

Act , the Islands Trust

Act or any other Act, or

any other enactment that a body authorized to make a bylaw referred to in

paragraph

(

a) is or was authorized to amend or repeal as if it were a bylaw of the

body,

that established a minimum parcel size for an area to which the regulation

applied and that was adopted or amended at any time during which the regulation applied

to the area;

regulation means the Community Planning Area Number 24

(Gulf Islands) Regulation, B.C. Reg. 274/69, under the Local Services

Act .

Despite the Local Services Act and the

regulation, if at any time the minimum parcel size established by the regulation was

equal to or greater than that established by a parcel size bylaw for any part of the

area to which the regulation applied, the minimum parcel size established by the bylaw

applied and the minimum parcel size established by the regulation did not.

All parcel size bylaws and all other bylaws relying on those parcel size bylaws

are confirmed and validated, effective the date on which they were adopted, to the

extent they would have been valid had subsection (2) been in force on

the date they were adopted, and everything done that would have been validly done had

that subsection been in force at the time it was done is conclusively deemed to have

been validly done.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1995-12-25.

Town of Comox Municipal Marina agreements validation

Despite sections 322 (1) (b), 529 (2), 538 (1) and 542 (1) of the Municipal Act , agreements and other instruments entered

into after September 27, 1973 and before December 23, 1988 by the Town of Comox and

another party respecting or relating to the acquisition and disposition of land

including improvements, or an interest in such land, in relation to the Comox Municipal

Marina are confirmed and validated effective the date on which they were entered

into.

All resolutions and bylaws in relation to an agreement or instrument referred to

in subsection

(1) are confirmed and validated, effective the date on which they were

adopted, and all things done that would have been validly done had subsection

(1) been in force on the day they were done is conclusively deemed to have

been validly done.

The municipality is conclusively deemed to have had the authority to enter into

an agreement or instrument referred to in subsection (1) at the time at

which it was entered into and to have had and continue to have the authority to carry

out the agreement or instrument in accordance with its terms.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1996-16-5.

Validation of bylaws enacted after delegated hearings

Subject to subsection (2), this

section applies to all current or

former described plans and bylaws of a regional district, a local trust committee under

the Islands Trust Act or the executive committee acting as

a local trust committee under that Act that were not validated by

section 20 of

this Act.

An official community plan, rural land use bylaw or zoning bylaw that is or was

invalid by reason of a failure which occurred on or before July 8, 1994, being the date

on which

section 956.1 of the Municipal

Act came into force, to comply with the requirements and

limitations of that Act regarding the delegation of the holding of a public hearing on

the bylaw is conclusively deemed to have been validly in force from the date it would

have been in force had the requirements and limitations been complied with and to the

extent that it would have been validly in force had these requirements and limitations

been complied with.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1996-16-5.

City of Vancouver real property tax rate by-law

validation

Despite

section 374.4 (2) (

b) of the Vancouver

Charter , the by-law cited as "A By-law to average land

assessments for 1996", By-law No. 7543, 1996, adopted by Council of the City of

Vancouver under

section 374.4 (1) of the Vancouver

Charter on March 26, 1996, is conclusively deemed to have been

validly in force from that date to the extent that it would have been validly in force

had notice of intent to consider the by-law been provided to the assessment commissioner

before January 1, 1996.

Anything done in relation to the by-law referred to in subsection

(1) that would be valid or would have been valid had notice of intent to

consider the by-law been provided to the assessment commissioner before January 1, 1996,

is conclusively deemed to be or to have been validly done as though the required notice

had been provided.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking in retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1996-16-5.

Validation of GVSDD 1995 cost allocation bylaw

Despite the Greater Vancouver Sewerage and Drainage District

Act and any decision of a court made before or after the coming into force of

this section,

the bylaw cited as "1995 Cost Allocation Bylaw No. 176", adopted by the Board

of the Greater Vancouver Sewerage and Drainage District on March 31, 1995, is

conclusively deemed to have been validly adopted on that date and to have been in

force since it was adopted, and

all amounts purported to be apportioned among the member municipalities for

that District under that bylaw are conclusively deemed to have been and to be validly

apportioned and must be paid by the applicable member municipalities in accordance

with the Greater Vancouver Sewerage and Drainage District Act as if

they were apportioned under that Act.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1996-16-5.

Vancouver neighbourhood constituency referendum

If, in conjunction with the 1996 general local election, the Council of the City

of Vancouver submits for the opinion of the electors a question regarding the

establishment of neighbourhood constituencies for some or all of its Councillors, the

question receives a majority vote if more than 50% of the votes are in favour of the

question.

1996-16-5.

Naramata Irrigation District — validation and enabling

In this section:

boundaries of the irrigation district means the boundaries

of the irrigation district before its dissolution;

irrigation district means the Naramata Irrigation District

dissolved on September 28, 1995 by Order in Council 1219/95;

properties outside the boundaries of the irrigation

district means the properties that were outside the boundaries of the

irrigation district and the service area for the relevant regional district service, and

that are now included within the service area for the relevant service by

the regional district bylaw cited as the "Naramata Water System Local Service

Boundary Extension Bylaw No. 1700, 1996", adopted by the regional district on

December 12, 1996, or

the regional district bylaw cited as the "Naramata Fire Prevention and

Suppression Local Service Amendment Bylaw No. 1651, 1995", adopted by the regional

district on August 15, 1996;

regional district means the Regional District of

Okanagan-Similkameen, to which the service authorities, assets and liabilities of the

irrigation district were transferred by Order in Council 1219/95.

The irrigation district and the regional district are conclusively deemed to

have had the authority to provide water and fire protection services to the properties

outside the boundaries of the irrigation district to which the irrigation district or

regional district provided those services.

All amounts charged and levied in relation to the properties referred to in

subsection

(2) for the services referred to in that subsection are conclusively deemed

to have been validly charged and levied as if the properties had been within the

irrigation district or within a service area for the services, as applicable.

The irrigation district and the regional district are conclusively deemed to

have had and to have the authority to borrow under, and to use the money borrowed

under,

the bylaw of the irrigation district cited as the "Naramata Water System

Upgrade Temporary Financing Loan Bylaw 1995", registered with the Inspector of

Municipalities on September 20, 1995, or

the authority under that bylaw as transferred to the regional

district,

in relation to the Canada/B.C. Infrastructure Works Project #M95IW0581, for

works that were or are outside the boundaries of the irrigation district.

In relation to the irrigation district bylaw cited as the "Transfer of Services

to the Regional District of Okanagan-Similkameen Temporary Financing Loan Bylaw 1995",

registered with the Inspector of Municipalities on September 20, 1995, the regional

district may, without the assent of the electors but with the approval of the Inspector

of Municipalities,

amend the bylaw to extend the term of repayment for borrowing under the bylaw,

and

undertake long term borrowing under the authority of the bylaw.

The regional district may, by bylaw adopted without the assent of the electors

but with the approval of the Inspector of Municipalities, borrow for a term of years

amounts required to satisfy all real and contingent liabilities of the irrigation

district, including amounts required to settle legal claims, amounts required to satisfy

awards made by a court or an arbitrator and amounts required to pay related legal and

administrative expenses and legal costs.

Amounts borrowed under subsection (5) or (6) must be apportioned in accordance

with

section 847 (3) and (4) of the Municipal

Act to the service area as described in the regional district

bylaw cited as the "Naramata Water System Local Service Establishment Bylaw No. 1620,

1995", as originally adopted.

The Municipal Finance Authority is authorized to provide financing to the

regional district for the amounts authorized by the bylaw referred to in subsection

(5) or a bylaw under subsection (6) as if the financing was for capital

requirements of the regional district and, for the purposes of the Municipal Finance Authority Act and the Municipal Act , those bylaws are deemed to be loan

authorization bylaws under

section 831 of the Municipal

Act .

Despite the Municipal Act or a requirement

established by or under that Act, the irrigation district bylaw cited as the

"Comprehensive Capital Expenditure Charge (Water) Bylaw 1994", registered with the

Inspector of Municipalities on June 5, 1995, is conclusively deemed to have been validly

adopted and to have been effective from the time of its registration with the Inspector

of Municipalities.

All things done that would have been validly done had subsection

(9) been in force on June 5, 1995 are conclusively deemed to have been

validly done.

As limits on subsections (9) and (10), the validation of the

bylaw referred to in subsection (9) applies for all purposes except in

relation to an action or other legal proceeding that was commenced before June 13, 1997,

being the date on which this

section received First Reading in the Legislative

Assembly.

Despite the Municipal Act or a requirement

established by or under that Act,

the irrigation district bylaw cited as the "Naramata Water System Upgrade

Temporary Financing Loan Bylaw 1995", registered with the Inspector of Municipalities

on September 20, 1995, and

the irrigation district bylaw cited as the "Transfer of Services to the

Regional District of Okanagan-Similkameen Temporary Financing Loan Bylaw 1995",

registered with the Inspector of Municipalities on September 20, 1995,

are conclusively deemed to have been validly adopted and to have been effective

from the time of their registration with the Inspector of Municipalities.

All things done that would have been validly done had subsection

(12) been in force on September 20, 1995 are conclusively deemed to have

been validly done.

Despite the Municipal Act , the regional district

may amend its official community plan, zoning bylaws and subdivision servicing bylaws in

accordance with the following regional district bylaws, as given second reading by the

board of the regional district on April 17, 1997:

the bylaw cited as the "Naramata Official Community Plan Bylaw No. 1406,

Amendment Bylaw No. 1763, 1997";

the bylaw cited as the "Electoral Area "E" Zoning Bylaw No. 1566, Amendment

Bylaw No. 1764, 1997";

the bylaw cited as the "Regional District of Okanagan-Similkameen Subdivision

Servicing Bylaw No. 1567 and Subdivision Bylaw No. 300, Amendment Bylaw No. 1766,

1997".

Subsection (14) is deemed to have come into force on April 17, 1997 and is

retroactive to the extent necessary to give it effect on and after that date.

On adoption, a bylaw authorized by subsection (14) is conclusively

deemed to be valid for all purposes.

For 5 years following the date on which a bylaw authorized by subsection

(14) is adopted, the regional district must not amend or repeal the bylaw

amended by the applicable bylaw under subsection (14), in relation to

property described in that applicable bylaw, without the agreement of the owner or

owners of that property.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1997-32-1.

Repealed

[Repealed 2000-7-241.]

Validation of airport transfer leases and airport fees

If, before this

section comes into force, a local government has entered into an

authority relating to an airport to the local government, sections 319 (3) and 717 of the Municipal Act , as enacted by the Local Government

Statutes Amendment Act (No. 2), 1997 , apply to that local government and its

jurisdiction retroactively to the date on which the agreement was entered into.

1997-25-157.

Retroactive validation of prescribed partnering

agreements

In this section:

partnering agreement means an agreement between a local

government and a person or a public authority within the meaning of

section 5 of the

Municipal Act , as enacted by the Local

Government Statutes Amendment Act, 1998 , under which the person or public

authority agrees to

provide or manage a facility or work for the local government, or

provide a service on behalf of the local government;

prescribed partnering agreement means a partnering

agreement that

was entered into before June 4, 1998, being the date on which the

Local Government Statutes Amendment Act, 1998 was given First

Reading in the Legislative Assembly, and

is prescribed under subsection (2).

The minister may, by regulation, prescribe partnering agreements for the

purposes of this

section and, on being prescribed, this

section applies retroactively to

the date on which the agreement was entered into.

Despite the Municipal Act ,

a prescribed partnering agreement is confirmed and validated effective the

date on which it was entered into,

all resolutions and bylaws of the relevant local government in relation to a

prescribed partnering agreement are confirmed and validated, effective the date on

which they were adopted,

all things done that would have been validly done had this subsection in fact

been in force on the day they were done are conclusively deemed to have been validly

done, and

the local government is conclusively deemed to have had the authority to enter

into the prescribed partnering agreement at the time at which it was entered into and

to have had and continue to have the authority to carry out the agreement in

accordance with its terms.

A prescribed partnering agreement is deemed to be a partnering agreement under

the applicable provisions of the Municipal

Act , as enacted by the Local Government Statutes

Amendment Act, 1998 .

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter by reason that it makes no specific reference to that

matter.

1998-34-289.

Validation of anti-smoking bylaws

Despite

section 523 (1) (

a) of the Municipal

Act , as that

section read before its amendment by the

Miscellaneous Statutes Amendment Act (No. 3), 1998 and despite any

decision of a court to the contrary made before or after this

section came into force, a

local government bylaw that

prohibits or purports to prohibit the smoking or other use or consumption of

tobacco products in classes of premises specified in the bylaw, and

was approved by the Minister of Health before this

section came into

force,

is conclusively deemed to be valid for all purposes.

A bylaw referred to in subsection (1) is conclusively deemed to have been

validly adopted and to have been and to continue to be valid and effective from the time

of its approval by the Minister of Health.

All resolutions, bylaws and actions of a municipality or regional district in

relation to a bylaw referred to in subsection (1) are conclusively deemed to have been

validly adopted and taken as of the date that they were adopted or taken, to the extent

they would have been valid had this

section been in force on the date they were adopted

or taken.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter because it makes no specific reference to that matter.

1998-37-14.

Airport leases

In this section:

airport body means a municipality, regional district or

prescribed community airport body that has assumed an airport lease;

airport lease means a lease of a part of a parcel of land,

if the lease

was assumed by an airport body in relation to an agreement for the transfer of

has a term exceeding 3 years;

renew includes the making of a subsequent lease in relation

to the same property between the parties to an airport lease or their successors, heirs

or assigns.

Despite

section 73 (1) (

b) of the Land Title

Act , an airport lease is confirmed and validated as an effective

contract between the parties as of the date on which the lease was assumed by the

airport body.

If an airport lease has been assumed by an airport body before the coming into

force of this section, the airport body may continue and renew the lease as if subsection

(2) had come into force before the assumption of that lease.

For the purposes of subsection (2) and despite sections 316, 610 and 796 (3) of the

Municipal Act , an airport body is deemed to have had

the authority to assume an airport lease and become the lessor under the lease at the

time of the assumption and to have had and to continue to have the authority to carry

out and to renew that lease in accordance with its terms.

The Lieutenant Governor in Council may prescribe an organization to be a

community airport body for the purposes of this section, and, on being prescribed, this

section applies to the airport body retroactively to the date on which the airport lease

was assumed.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter because it makes no specific reference to that matter.

1998-37-14.

District of Pitt Meadows lease validation

Despite sections 448 (a), 451 (1) and (3) and 610 (3) of the Municipal Act , the agreement entered into between the

Corporation of the District of Pitt Meadows and C.D.I. Enterprises Ltd., on June 22,

1992, respecting the lease of land for the construction and operation of an arena is

confirmed and validated, effective the date on which it was entered into.

All things done that would have been validly done had subsection

(1) been in force on the day they were done are conclusively deemed to have

been validly done and all resolutions and bylaws in relation to the agreement referred

to in subsection (1) are confirmed and validated, effective the date on which

they were adopted.

The District of Pitt Meadows is conclusively deemed to have had the authority to

enter into the agreement referred to in subsection (1) at the time at

which the agreement was entered into, to have had the authority to adopt a resolution or

bylaw referred to in subsection (2) at the time it was adopted and to have

had and to continue to have the authority to carry out the agreement in accordance with

its terms.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter because it makes no specific reference to that matter.

1998-37-14.

Prince George water fluoridation bylaw

The City of Prince George,

despite the Municipal Act and the letters

patent of the City of Prince George, is conclusively deemed to have had the authority

to fluoridate any part, or all, of the water supply of the municipality as of the

adoption of a resolution by its council on October 4, 1954 authorizing the

fluoridation, and

despite

section 524 (2) of the Municipal

Act , is conclusively deemed to have had and to continue to

have the authority to carry out fluoridation in relation to any part, or all, of the

water supply of the municipality.

In addition to the resolution referred to in subsection (1) (a), all other

resolutions, bylaws and actions of the City of Prince George in relation to the

fluoridation of the water supply of the City of Prince George are conclusively deemed to

have been validly adopted and taken as of the date that they were adopted or taken, to

the extent they would have been valid had subsection (1) (

a) been in force

on the date they were adopted or taken.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter because it makes no specific reference to that matter.

1998-37-14.

Authority for the Greater Nanaimo Water District to acquire park

land

In addition to the powers established by

section 5 of the Greater

Nanaimo Water District Act and the objects of the Greater Nanaimo Water

District established by

section 8 of that Act, the Greater Nanaimo Water

District may

acquire real property for the purposes of a park, and

hold that property jointly with the City of Nanaimo.

On acquisition, property acquired under subsection (1) is deemed to have been

dedicated under

section 308 of the Municipal

Act for the public purpose of a park for the use and enjoyment

of the public and

section 310 of the Municipal

Act applies to both the Greater Nanaimo Water District and the

City of Nanaimo in relation to that property.

The Greater Nanaimo Water District

must establish a capital reserve fund for the purposes of this

section,

must pay into the reserve fund all money received from the Provincial

government in relation to the Agreement to Transfer or Dedicate Land Pursuant to

Section 3 of the Expropriation Act , entered into by

the Provincial government and the Greater Nanaimo Water District on February 10, 1998,

less any amounts necessary to satisfy outstanding liabilities in relation to the

property that is the subject of that agreement or the expropriation of the property in

accordance with that agreement,

must not pay any other money into the reserve fund, and

may only use the money in the reserve fund, and the interest earned on it, for

the purpose of acquiring park land under subsection (1).

Part

13 of the Municipal Act applies to the capital

reserve fund under subsection (3).

1998-37-14.

GVRD borrowing on behalf of other regional authorities

In this

section and

section 46:

GVRD means the Greater Vancouver Regional

District;

GVRD securities means securities issued by the GVRD under

this section;

regional authority means any one or more of

the South Coast British Columbia Transportation Authority,

the Greater Vancouver Sewerage and Drainage District, and

the Greater Vancouver Water District;

securities includes debentures, securities and any other

form of indebtedness;

temporary financing means a debt that has a term of no

longer than 5 years from the date on which the securities for the debt are

issued.

Despite any other Act but subject to this section, for the purpose of providing

temporary financing for a regional authority, the GVRD may borrow from a bank, a

financial institution, any other lender or a regional authority.

The GVRD may only borrow under this

section if the regional authority

is authorized to contract debt for the purpose for which the financing is to

be used,

requests the GVRD to provide the financing,

by bylaw approved by the Inspector of Municipalities, in the case of the

Greater Vancouver Sewerage and Drainage District or the Greater Vancouver Water

District, and

by bylaw or resolution, in the case of the South Coast British Columbia

Transportation Authority, and

enters into an agreement with the GVRD which provides that the regional

authority will

pay to the GVRD all costs of the GVRD associated with the borrowing,

and

if requested by the GVRD, deliver to it security in the form of securities

sufficient for the GVRD to meet and discharge all its obligations associated with

the borrowing.

For the purposes of this section, the GVRD board may do one or more of the

following:

adopt a security issuing bylaw without adopting a loan authorization bylaw,

but the security issuing bylaw must reference the bylaw or resolution referred to in

subsection

(3) (b);

combine all or part of a borrowing under this

section with all or part of any

other borrowing under this section;

by bylaw, provide for all matters in any way related to the issue, execution,

delivery, repayment, refunding, repurchase, redemption, charge, pledge, hypothecation

or deposit of GVRD securities;

subject to the limitations established by

section 191 of the Municipal Act , by bylaw, delegate any powers of the

GVRD or its board under this

section to a director, committee of directors or officer

of the GVRD or to any other person specified in the bylaw;

provide for entering into credit, loan and financing agreements and any other

agreements and instruments that may be necessary or advisable;

determine the form of GVRD securities;

issue or otherwise dispose of GVRD securities, either at par value or at less

or more than par value;

charge, pledge, hypothecate, deposit or otherwise deal with GVRD securities as

collateral security;

provide for the creation, management and application of sinking funds,

with respect to GVRD securities.

GVRD securities may be issued in electronic form and may be held by a depository

agency in a book-based system for the central handling of securities that provides for

their transfer by bookkeeping entry without physical delivery.

Subject to this section, the following provisions of the Municipal Act apply for the purposes of this

section:

section

262 [application to court to set aside bylaw] ;

section 335.3

(5) [debentures to be issued in accordance with bylaw] ;

section

335.5 [appeal from inspector's decision];

Division 5 of

Part 9 [Restrictions on Use of Municipal Funds] ;

section 833

(1) [security issuing bylaw approval by inspector] ;

section

836 [liability for money borrowed by regional district] ;

section

1022 to 1025 [certificate of approval for money

bylaws] .

For the purposes of

section 262 (2) of the Municipal

Act , a security issuing bylaw under this

section is deemed to be

a security issuing bylaw referred to in that provision.

For the purposes of this

section and

section 46, the GVRD is deemed

to be a municipal corporation.

1999-3-22; 1999-37-261,262.

Validation of GVRD borrowing

In this section, borrowing bylaw means one or more of the

following:

the Greater Vancouver Regional District bylaw cited as the "Greater Vancouver

Regional District Credit Agreement and Debenture By-law Number 922, 1999" and given

first reading by the board of that regional district on January 29, 1999;

the Greater Vancouver Regional District bylaw cited as the "Greater Vancouver

Regional District Promissory Note By-law Number 923, 1999" and given first reading by

the board of that regional district on January 29, 1999;

the Greater Vancouver Regional District bylaw cited as the "Greater Vancouver

Regional District Security Issuing By-law (GVTA) Number 924, 1999" and adopted by the

board of that regional district on February 26, 1999;

the Greater Vancouver Sewerage and Drainage District bylaw cited as the

"Greater Vancouver Sewerage and Drainage District Borrowing By-law Number 207, 1999"

and given first reading by the board of that district on January 29, 1999;

the Greater Vancouver Water District bylaw cited as the "Greater Vancouver

Water District Borrowing By-law Number 224, 1999" and given first reading by the board

of that district on January 29, 1999.

In relation to a borrowing bylaw,

the GVRD or regional authority, as applicable, is conclusively deemed to have

had the authority to adopt the bylaw at the time it was adopted, whether this is

before or after this

section comes into force,

the bylaw is conclusively deemed to have been validly in force from the date

of its adoption, and

the GVRD, regional authority and Municipal Finance Authority of British

Columbia are conclusively deemed to have had and to continue to have the authority to

carry out the transactions contemplated by the bylaw.

All resolutions, bylaws and actions of the GVRD, a regional authority, the

Municipal Finance Authority of British Columbia and the Inspector of Municipalities in

relation to a borrowing bylaw are conclusively deemed to have been validly adopted and

taken as of the date that they were adopted or taken, to the extent they would have been

valid had this

section been in force on the date they were adopted or taken.

This

section is retroactive to the extent necessary to give full force and

effect to its provisions and must not be construed as lacking retroactive effect in

relation to any matter because it makes no specific reference to that matter.

1999-3-22.

Capital Regional District land exchange agreement

validation

The agreement entered into between the Capital Regional District, Kapoor Lumber

Co. Limited and Her Majesty the Queen in right of the Province of British Columbia,

dated for reference November 25, 1998, respecting exchanges of land and other

transactions set out in that agreement is confirmed and validated, effective

November 25, 1998.

All things done that would have been validly done had subsection

(1) been in force on the day that they were done are conclusively deemed to

have been validly done and all resolutions and bylaws in relation to the agreement

referred to in subsection (1) are confirmed and validated, effective the date on which

they were adopted.

The Capital Regional District is conclusively deemed to have had the authority

to enter into the agreement referred to in subsection (1) at the time at

which the agreement was entered into, to have had the authority to adopt a resolution or

bylaw referred to in subsection (2) at the time it was adopted and to have

had and to continue to have the authority to carry out the agreement in accordance with

its terms.

This

section applies despite the Municipal

Act and the Capital Regional Water Supply and Sooke

Hills Protection Act , is retroactive to the extent necessary to give full

force and effect to its provisions and must not be construed as lacking retroactive

effect in relation to any matter because it makes no specific reference to that

matter.

1999-15-14.

Kitsumkalum Ski Hill

Despite

section

182 [prohibition against assistance to business] of the Local

Government Act , the Regional District of Kitimat-Stikine may

release the Shames Mountain Ski Corporation from any or all amounts for which the

corporation is liable to the regional district

under the debenture issued by the corporation on April 1, 1987 and filed with

the Registrar of Companies on April 3, 1987, or

otherwise arising from the sale by the regional district to the corporation of

the undertaking, property and assets of the operation referred to as the Kitsumkalum Ski

Business under an agreement dated October 21, 1986 between the regional district and the

corporation and under subsequent agreements between those parties in relation to that

operation.

2000-26-32.