British Columbia Order in Council — Order under Local Government SLP for Town of Comox and Regional District (RD) of Comox-Strathcona (O.C. 1787/2000)

O.C. 1787/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. — 1787 , Approved and Ordered DEC 1 .1 2000 --L-ietitegaRt 6ousa!or Administrator Executive Council Chambers, Victoria On the recommendation of the undersigned, the lauterlant.13trsterrtor, by and with the advice and consent of the Executive Council, orders that dasinatt,tur 1. Supplementary Letters Patent, in the form attached, be issued for the Town of Comox. 2. Supplementary Letters Patent, in the form attached, be issued for the Regional District of Comox-Strathcona. c ipal Aff Minister of M _5 2 / .etiding Member of the Executive Council '(This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:) Heal anvernmpnt Art spetinns 2ft 26 and 782 Other (specify): 1658/0 0 /13

LicuteuagtCouem or Admit:U(1.am 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. o all to whom these presents shall come- GREETING. (

WHEREAS by sections 20 and 26 of the ( Local Government Act it is provided the ( Lieutenant Governor in Council ( may, by Supplementary Letters Patent, ( amend the area of a municipality ( under the conditions therein ( set out: Minister of Municipal Affairs

AND

WHEREAS a petition has been received by the Minister of Municipal Affairs from the Council of the Town of Comox 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: Commencing at the most southerly corner of Lot B of Lot 205, Comox Land District, Registered Plan 38482, on file in the Land Title Office, Victoria; thence northerly along the westerly boundary of said Lot B, Plan 38482 to the point of intersection with a line drawn North 91 degrees, 45 seconds East from the northwest corner of Lot 1 of Lot 205, Registered Plan 14542; thence North 91 degrees, 45 seconds East for a distance of 33.3 metres; thence southwesterly along the southeasterly boundary of Lot B of Lot 205, Plan 38482 to the aforesaid most southerly corner thereof, being the point of commencement and containing by admeasurement 0.18 hectares of land, more or less.

AND

WHEREAS a further petition has been received by the Minister of Municipal Affairs from the Council of the Town of Comox praying that the area of the municipality be reduced to exclude therefrom all and singular those certain parcels or tracts of land situate, lying and being as follows: Commencing at the northwest corner of Lot 1 of Lot 205, Comox Land District, Registered Plan 14452, on file in the Lind Title Office, Victoria; thence northeasterly and southerly along the northwesterly and easterly boundaries of said Lot 1, Plan 14542 to the point of intersection with a line drawn North 91 degrees, 45 seconds East from the northwest Corner of Lot 1, Plan 14542; thence westerly along said line to the aforesaid northwest corner of Lot 1 of Lot 205, Plan 14542, being the point of commencement and containing by admeasurement 0.18 hectare of land, more or less.

AND

WHEREAS the conditions and requirements of the said sections 20 and 26 of the Local Government Act have been duly complied with: NOW KNOW YE THAT by these presents We do order and proclaim that the area of the Town of Comox be amended by the inclusion and exclusion thereof, of the lands hereinbefore described and that on, from and after the date of these Supplementary Letters Patent, the boundary of the Town of Comox be defined as follows: Firstly: Commencing at the southwest corner of

Section 3, Comox Land District, being a point on the natural high water mark of Comox Harbour, on the northerly shore thereof; thence northerly along the westerly boundaries of Sections 3 and 65 to the northwest comer of said

Section 65; thence easterly and southerly along the northerly and easterly boundaries of

Section 65 to the northwest corner of Lot 4 of Lot 170, Registered Plan 35818 on file in the Land Title Office, Victoria; thence easterly along the northerly boundaries of Lots 4, 5, 6 and 1 of Lot 170, Plan 35818, to the northeast corner of said Lot 1, Plan 35818; thence northerly along the easterly boundary of Lot 3 of Lot 170, Registered Plan 2830 to the point of intersection with the westerly prolongation of the northerly boundary of Lot 4 of

Section 77, Registered Plan 7389; thence easterly along the said westerly prolongation and continuing easterly along the northerly boundary of Lot 4 of

Section 77, Plan 7389 to the northeast corner thereof; thence northerly, easterly and southerly along the westerly, northerly and easterly boundaries of Lot A of

Section 77, Registered Plan 25090 to the southeast comet thereof; thence easterly along the southerly boundaries of Lot C of

Section 77, Registered Plan 2295 and Lot A of

Section 77, Registered Plan 33376 to the southwest corner of Lot 1 of

Section 77, Registered Plan 24627; thence due south to the northwest corner 3

of Lot 7 of

Section 70, Registered Plan 1933; thence southerly along the westerly boundary of said Lot 7, Plan 1933, to the southwest corner thereof; thence southerly, easterly and southerly along the westerly, southerly and westerly boundaries of Lot 6 of

Section 70, Plan 1933, to the most southerly southwest corner thereof; thence southerly along the westerly boundaries of Lots 5 and 4 of

Section 70, Plan 1933, to the southwest corner of said Lot 4, Plan 1933; thence easterly along the northerly boundary of Lot 3 of

Section 70, Plan 1933, to the northeast corner thereof; thence easterly in a straight line to the southwest corner of Lot 11 of

Section 70, Plan 1933; thence northerly and easterly along the westerly and northerly boundaries of said Lot 11, Plan 1933, to the northeast corner thereof; thence east to the point of intersection with the westerly boundary of

Section 80; thence northerly along the said westerly boundary of

Section 80 to the most southerly corner of Parcel A of

Section 70, Plan D.D.15453N; thence northwesterly along the southwesterly boundary of said Parcel A, Plan D.D.15453N to the northwest corner thereof; thence easterly along the northerly boundaries of Sections 70 and 80 to the southwest corner of the East Half of

Section 71; thence northerly and easterly along the westerly and northerly boundaries of the said East Half of

Section 71 to the southwest corner of Lot 8 of Lot 205, Registered Plan 1645; thence northerly along the westerly boundaries of said Lot 8, Plan 1645 and Lots 3 and 1 of Lot 205, Registered Plan 35635 to the northwest corner of said Lot 1, Plan 35635; thence northeasterly along the northwesterly boundaries of Lots 1, 2 and 3 of Lot 205, Plan 35635, to the northeast corner of said Lot 3, Plan 35635; thence northerly in a straight line to the southwest corner of Lot 1 of Lot 205, Registered Plan 14542; thence northerly along the westerly boundary of said Lot 1, Plan 14542 to the northwest corner thereof; thence North 91 deirees, 45 seconds East for a distance of 127.5 metres; thence northeasterly and westerly along the southeasterly and northerly boundaries of Lot B of Lot 205, Registered Plan 38482 to the southeast corner of Lot A of Lot 205, Plan 38482; thence in a general northerly, 4

westerly, northerly and easterly direction along the boundaries of Lot 4 of Lots 92, 93, 103, 114, 117, 129, 139, 196, 205, 208, 217, 240, 241 and Sections 82 and 83A, Plan 33704, to the northeast corner thereof, and being a point on the westerly limit of Little River Road; thence due east to the point of intersection with the easterly limit of Little River Road as shown on Plan 33704; thence in a general northerly and easterly direction along the boundaries of Lot 1 of Lots 92, 93, 103, 114, 117, 129, 139, 196, 205, 208, 217, 240, 241, and Sections 82 and 83A, Plan 33704, to the most northerly northeast corner thereof, being a point on the natural high watermark of the Strait of Georgia on the westerly shore thereof; thence northeasterly in a straight line to the point of intersection with a line drawn parallel to and 365.76 metres perpendicularly distant northeasterly from the natural high water mark of the Strait of Georgia on the westerly shore thereof; thence in a general southeasterly direction parallel to and 365.76 metres perpendicularly distant northeasterly from the natural high water mark of the Strait of Georgia on the westerly shore thereof to a point 365.76 metres perpendicularly distant northeasterly from the most northerly corner of Registered Plan 913 R.W.; thence southwesterly in a straight line to the said most northerly corner of Plan 913 RN.; thence in a general southwesterly, southeasterly, southerly and northwesterly direction along the boundaries of Lot 1 of Lots 92, 93,103, 114, 117, 129, 139, 196, 205, 208, 217, 240, 241 and Sections 82 and 83A, Plan 33704 to the southeast comer of Lot 1 of Lot 217, Registered Plan 15375; thence southerly in a straight line to the northeast corner of Lot 1 of Lot 217, Registered Plan 33750; thence southerly along the easterly boundaries of Lots 1 and 2 of Lot 217, Plan 33750 to the southwest corner of Lot B of Lot 217, Plan D.D.875 IN; thence S.098'27"W. to the point of intersection with the northerly boundary of Lot 194; thence easterly and southerly along the northerly and easterly boundaries of said Lot 194 to the northwest corner of the South Half of Lot 195: thence easterly and southerly along the northerly and easterly boundaries of said South Half of Lot 195 to the 5

southeast corner thereof; thence southerly along the easterly boundary of Lot 156 to the northwest corner of Lot B of Lot 244, Registered Plan 48438; thence southeasterly and southwesterly along the northeasterly and southeasterly boundaries of said Lot B, Plan 48438 to the southeast corner thereof; thence southwesterly along the southeasterly boundary of Lot A of Lot 244, Plan 48438 to the southeast corner thereof; thence due south to the point of intersection with the northerly boundary of Lot 186; thence easterly, southerly and westerly along the northerly, easterly and southerly limits of the road shown outlined in red on Registered Plan VIP65952, known as Beckton Drive, to the point of intersection with the southerly prolongation of the easterly boundary of Lot 156; thence northerly along the said southerly prolongation to the southeast corner of Lot 156; thence westerly along the southerly boundary of Lot 156 to the northeast corner of

Section 76; thence southerly along the easterly boundary of said

Section 76 to the southeast corner thereof; thence southerly along the centre line of Croteau Road to the point of intersection with the aforesaid natural high water mark of Comox Harbour, on the northerly shore thereof; thence southerly in a straight line for a distance of 365.76 metres in a direction perpendicular to the general direction of said natural high water mark of Comox Harbour at this point; thence in a general westerly direction parallel to and 365.76 metres perpendicularly distant southerly from said natural high water mark to a point 365.76 metres perpendicularly distant southerly from the aforesaid southwest corner of

Section 3; thence northerly in a straight line to the said southwest corner of

Section 3, being the point of commencement, and containing by admeasurement 1,325.55 hectares of land, more or less, and 212.68 hectares of foreshore and land covered by water, more or less: Secondly: Lot 3 of Lot 217, Comox Land District, Registered Plan 33704 on file in the Land Title Office, Victoria and containing by admeasurement 3.20 hectares of land, more or less; the whole of the 6

municipality containing by admeasurement 1,328.75 hectares of land, more or less, and 212.68 hectares of foreshore and land covered by water, more or less: AND THAT the Letters Patent of the Town of Comox, hereinafter referred to as "the municipality" be 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 Local Government 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 Regional District of Comox-Strathcona, 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.

REGIONAL DISTRICT ASSETS AND LIABILITIES 2.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, 7

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. ROADS, DRAINAGE AND APPROVING OFFICER 4.0 Pursuant to Division 5 - Highways, of

Part 15 - Municipal Services of the Local Government Act, and pursuant to

Part 3 of the Highways Act, all public roads within the area newly enclosed within the municipality, except for those classified as arterial highways are the responsibility of the municipality. 4. 1 Notwithstanding the generality of

section 4.0 above, the responsibility for roads and bridges shall 8

include all maintenance (including electrical and railway crossings), capital improvements, road drainage, signs, traffic regulation and all permits previously administered by the Ministry of Transportation and Highways, (including access and utility permits). 4.2 Where, in conjunction with the approval of a plan of subdivision by an approving officer, pursuant to the Land Title Act, works were established or land was set aside for the purpose of drainage, the responsibility for maintenance of those works or ownership of those lands is transferred to the municipality.

MUNICIPAL ASSETS AND LIABILITIES 5.0 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 whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the municipality, in respect to the area newly excluded from the municipality by these Supplementary Letters Patent, vest in and belong to the regional district on and from the effective date of these Supplementary Letters Patent.

TRANSFER OF MUNICIPAL SERVICES 6.0 The jurisdiction for all services of the municipality which have application to the area newly excluded from the municipality by these Supplementary Letters Patent and which are within the 9

Allah Mcbackevi, WITNESS, the Honourable ‘k+r4e43,-C-tittrice., tiettterattor of Our said Province .Adrninisuotjr it1.14 of British Columbia, in Our City of Victoria, in Our said Province, this rr 'day of D?( 0),(04 el approved and ordered by the Lieutenant Governor in Council and issued concurrently with these Supplementary Letters Patent shall, as and from the effective date of these Supplementary Letters Patent, be included within Electoral Area B of the regional district.

EH- ECTIVE DATE 7.0 These Supplementary Letters Patent are effective upon the date approved and ordered by the Lieutenant Governor in Council. 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. in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General 6

GREETING. Ministc unicipa CANADA frieute=titiumlor A dministratos 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 - (

WHEREAS pursuant to the ( provisions of

section 776 of the (Local Government Act, the Regional District ( of Comox-Strathcona was ( incorporated by Letters Patent ( issued on August 19, 1965:

AND

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

WHEREAS

section 782 of the Local Government Act 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 in respect to the area newly enclosed within the municipality by Supplementary Letters Patent for the Town of Comox issued concurrently with these Supplementary Letters Patent the following shall apply: TRANSFER OF REGIONAL DISTRICT SERVICES 1.0 The jurisdiction for allservices of the Regional District of Comox-Strathcona, 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 of the municipality, are hereby transferred to the municipality in accordance with

section 782 of the Local Government 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 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 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. AND

WHEREAS the boundaries of the Town of Comox are also reduced by Supplementary Letters Patent for the municipality, approved and ordered by the Lieutenant Governor in Council and issued concurrently with these Supplementary Letters Patent: AND

WHEREAS in

section 26(6) of the Local Government Act where Supplementary Letters Patent exclude an area from a municipality, that area becomes a rural area of the regional district: NOW KNOW YE THAT by these presents, We do order and proclaim that in respect to the area newly excluded from the municipality by Supplementary Letters Patent for the Town of Comox issued concurrently with these Supplementary Letters Patent the following shall apply: 3

CONTINUATION OF MUNICIPAL BYLAWS 3.0 Subject to these Supplementary Letters Patent, 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 municipality, having application in the area newlyexcluded from the municipality, shall remain in full force and effect in and for the regional district and each may be amended or repealed by the Board of the regional district in the same manner as if they were passed, made, enacted, entered into or granted by the regional district. 3. 1 The effect of

section 3.0 shall be limited to:

a) Part 26 of the Local Government Act; and

b) Services provided by the regional district at the effective date of the Supplementary Letters Patent for which the entire Electoral Area B is an electoral participating area. MUNICIPAL ASSETS AND LIABILITIES 4.0 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 whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the municipality, in respect to the 4

area newly excluded from the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent, vest in and belong to the regional district on and from the effective date of these Supplementary Letters Patent, in relation to a service as described in

section 3.1 of these Supplementary Letters Patent. TRANSFER OF MUNICIPAL SERVICES TO THE REGIONAL DISTRICT 5.0 The jurisdiction for all services of the municipality, which have application to the area newly excluded from the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent and which are within the jurisdiction of the regional district, in relation to a service as described in

section 3.1 of these Supplementary Letters Patent are hereby transferred to the regional district. 5. 1 The area newly excluded from the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent is deemed to be included in the service area for each regional district service for which the entire Electoral Area B is an electoral participating area. REGIONAL DISTRICT ELECTORAL AREA 6.0 The area excluded from the municipality by Supplementary Letters Patent for the Town of Comox, 5

jurisdiction of the regional district, are hereby transferred to the regional district. EFFECTIVE DATE 7.0 These Supplementary Letters Patent are effective on the date approved and ordered by the Lieutenant Governor in Council. 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. Allan NicEactlerr, WITNESS, the Honourable Cferde437•GeNielitreTC., Lie or of Our said Province of A d min istrator Itt''' British Columbia, in Our City of Victoria, in Our said Province, this . tlay of DeCosbe r, in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General 10

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1787/2000
Type	order_in_council
Volume / chapter	arc oic 1787 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9a4c1d92e819ed0870823a30b0f86f8fa6749e94

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