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2000 Legislative Session: 4th Session, 36th Parliament

FOR REPORT

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 7th day of June, 1999

Ian D. Izard, Law Clerk

HONOURABLE CATHY McGREGOR

MINISTER OF MUNICIPAL AFFAIRS

BILL 14 – 2000

LOCAL GOVERNMENT

STATUTES AMENDMENT ACT, 2000

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

Part 1 – Municipal Act Amendments

1 The title of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

LOCAL GOVERNMENT ACT .

Section 5 is amended

(

a) by repealing the definition of "counter petition opportunity"

and substituting the following:

"counter petition opportunity" means an opportunity for electors to petition against a proposed bylaw, action or other matter in accordance with Division 5 of

Part 4 [Other Voting

– Counter Petition Opportunities]; ,

(

b) by adding the following definition:

"establishing bylaw" means an establishing bylaw under

section 517.1 [municipal] or 800 [regional district]; ,

(

c) by adding the following

definitions:

"local trust committee" means a local trust committee within the meaning of the Islands Trust Act ;

"trust council" means the trust council within the meaning of the Islands Trust Act ; ,

(

d) by repealing the definition of "loan authorization bylaw"

and substituting the following:

"loan authorization bylaw" means a loan authorization bylaw under

section 335 [municipal] or 819 [regional district]; ,

(

e) by adding the following definition:

"net taxable value" in relation to land or improvements, or both, means net taxable value of land or improvements, or both, as applicable, for regional hospital district purposes; ,

(

f) by repealing the definition of "official community plan"

and substituting the following:

"official community plan" means an official community plan adopted under

section 876 [authority to adopt by bylaw]; ,

(

g) by repealing paragraph (

b) of the definition of "protected heritage property"

and substituting the following:

(

b) included under

section 970.1 (3) (b) [heritage conservation areas] in a

schedule to an official community plan, or ,

(

h) by adding the following definition:

"rural land use bylaw " means a bylaw referred to in

section 873.1; ,

(

i) by repealing the definition of "security issuing bylaw" and substituting the following:

"security issuing bylaw" means a security issuing bylaw under

section 335.3 [municipal] or 819 [regional district]; , and

(

j) by repealing the definition of "service" and substituting the following:

"service" in relation to a municipality or regional district means

(

a) activities, works or facilities undertaken or provided by or on behalf of the municipality or regional district, and

(

b) the exercise of regulatory authority under

Part 15 [Municipal Services],

section 796.2 [general authorities in relation to services] or

section 797 [Part 15 powers equivalent to municipalities]; .

Section 6.3 is repealed.

Section 6.4 (3) and (4) is repealed and the following substituted:

(3) The notice must be published in a newspaper that is distributed at least weekly

(

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

(

b) in the municipality or regional district for which the notice is to be given, if the affected area is not in that municipality or regional district.

(4) The obligation under subsection (3) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.

Section 6.5 is repealed and the following substituted:

Giving notice to local governments

6.5 If an enactment requires or permits

(

a) notice to be given to a local government, municipality or regional district,

(

b) a document to be served on a local government, municipality or regional district,

(

c) a document to be filed with a local government, municipality or regional district, or

(

d) a document to be delivered, sent, submitted or otherwise provided to a local government, municipality or regional district,

the notice, service, filing or provision is effected if the notice or document is, as applicable, given, served on, filed with or provided to the local government officer assigned responsibility under

section 198 [corporate administration] .

Section 6.7 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) Without limiting

section 6.6 and despite any other provision of this Act 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 a local government Act;

(

b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation amendments made to or by a local government Act;

(

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 amendments made to or by a local government Act, including regulations providing an exception to or a modification of a provision in a local government Act;

(

d) resolving any errors, inconsistencies or ambiguities in a local government Act resulting from an amendment made to or by a local government Act.

(2) A regulation under subsection (1) may be made to apply to one, some, or all municipalities, regional districts or other bodies governed by a local government Act, any combination of them, or any part or parts of them. ,

(

b) by adding the following subsection:

(5.1) In this section, "local government Act" means any of the following:

(

a) this Act;

(

b) the Greater Nanaimo Water District Act ;

(

c) the Greater Vancouver Sewerage and Drainage District Act ;

(

d) the Greater Vancouver Water District Act ;

(

e) the Islands Trust Act ;

(

f) the Municipal Finance Authority Act ;

(

g) the Vancouver Charter ;

(

h) an Act amending another local government Act. , and

(

c) by repealing subsection (6) and substituting the following:

(6) This

section is repealed on January 1, 2002.

Section 13 (3) (

c) is repealed and the following substituted:

(

c) provide

(

i) that an official community plan for the municipality may include objectives and guidelines in addition to those established under

section 919.1 (1) (f) [form and character of commercial, industrial and multi-family residential development], and

(ii) that

section 920 (9) [restriction as to general character of development] does not apply with respect to that plan.

Section 44 is repealed and the following substituted:

Public notices

(1) If this Part requires notice to be given in accordance with this section, the notice must be given by publication in a newspaper, and for these purposes

section 6.4 [how notices must be published in a newspaper] applies.

(2) Notices to which this

section applies may be combined as long as the requirements of all applicable sections are met.

Section 51 (1) is amended by adding the following paragraph:

(e.1) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust; .

10 The heading to

Part 4 is repealed and the following substituted:

Part 4 – Other Voting and Counter Petitions .

Section 158 (1) (

c) is repealed and the following substituted:

(

c) voting on a referendum under

section 245 [referendums to obtain electors' opinion] or 797.3 [referendums regarding regional district services] .

Section 164 (3) is amended by adding the following paragraphs:

(d.1) the documents that will be required in order for a person to register as an elector at the time of voting;

(d.2) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting; .

Section 170 (1) is amended by striking out "At least 6 but not"

and substituting "Not" .

Section 171 is amended by adding the following subsection:

(1.1) As an exception to subsection (1), if general voting day for other voting is the general voting day for an election, the period for receiving applications

(

a) may be established under subsection (1), and

(

b) if it is not established under subsection (1), is the nomination period referred to in

section 69.

15 The following Division is added in

Part 4:

Division 5 – Counter Petition Opportunities

Application

172.1

(1) This Division applies to counter petition opportunities required or authorized under this Act in relation to proposed local government bylaws, actions or other matters.

(2) If the proposed bylaw, action or other matter to which a counter petition opportunity relates is amended or otherwise changed after a notice under

section 172.4 has been published, unless the inspector approves, the revised proposal must be considered a new proposal for the purposes of this Division.

Process choice for local governments

172.2 Despite any other provision of this Act, where this Act requires or authorizes a local government to provide a counter petition opportunity, the local government may instead seek the assent of electors.

Deadline for submitting counter petitions

172.3

(1) In relation to each counter petition opportunity, the local government must establish a deadline by which counter petitions in relation to the proposed bylaw, action or other matter must be submitted to the local government.

(2) A deadline established under subsection (1) must be such that it is at least 30 days after the second publication referred to in

section 172.4 (1).

Notice of counter petition opportunity

172.4

(1) Notice of a counter petition opportunity must be published in accordance with

section 44 in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established under

section 172.3.

(2) A notice under subsection (1) must include the following:

(

a) a general description of the proposed bylaw, action or other matter to which the counter petition opportunity relates;

(

b) a statement that the local government may proceed with the matter unless at least 5% of the electors of the area to which the counter petition opportunity applies petition against the matter by signing counter petition forms and submitting them to the local government by the deadline;

(

c) a statement that a counter petition must be in the form established by the local government and that forms are available from the local government on request;

(

d) a statement that the only persons entitled to sign counter petition forms are the electors of the area to which the counter petition opportunity applies;

(

e) a description of the area to which the counter petition opportunity applies;

(

f) the deadline for submitting signed counter petition forms to the local government;

(

g) the number of electors who must petition against the matter in order to prevent the local government from proceeding without the assent of the electors;

(

h) other information prescribed under

section 172.91 [regulations] .

(3) For the purpose of subsection (2) (g), the local government must make a fair estimate of the total number of electors of the area to which the counter petition opportunity applies.

Counter petition forms

172.5

(1) The local government must

(

a) prepare counter petition forms ready for distribution at the time of first publication under

section 172.4, and

(

b) subject to subsection (2), distribute a counter petition form to each person who requests one.

(2) Before providing a counter petition form to a person, a designated local government officer may require the person to sign a declaration that the person will not contravene

section 172.8 [prohibition against false statements] .

(3) A person who receives a counter petition form referred to in subsection (1) may make accurate copies of the counter petition form, which are to be considered counter petition forms for the purposes of this Division.

(4) The counter petition forms prepared or accurately copied under this

section are collectively the counter petition in relation to the proposed bylaw, action or other matter.

Requirements for signing a counter petition

172.6

(1) Each counter petition form may be signed by one or more electors of the area to which the counter petition opportunity applies.

(2) For the purposes of this Division, the electors of the area to which the counter petition opportunity applies are the persons who would be entitled to vote under

section 161 meet the qualifications referred to in

section 161 (1) (a) [who may vote at other voting] if assent of the electors were sought in respect of the matter.

(3) The full name and residential address of each person signing must be included on the counter petition form and, if applicable, the address of the property in relation to which the person is entitled to register as a non-resident property elector must also be included.

(4) A person must not sign a counter petition more than once and may not withdraw their name from a counter petition after the deadline established under

section 172.3.

Effect of counter petition

172.7

(1) If a counter petition is certified as having been signed by at least 5% of the electors of the area to which the counter petition opportunity applies, the local government must not proceed with the proposed bylaw, action or other matter unless it receives the assent of the electors.

(2) If the counter petition is certified as not having been signed by the percentage of electors referred to in subsection (1), the electors are deemed to have approved the proposed bylaw, action or other matter and the local government may proceed with the proposed matter.

(3) For the purposes of this section, the local government officer assigned responsibility under

section 198 [corporate administration] must determine and certify, on the basis of the signed counter petition forms submitted to the local government before the deadline established under

section 172.3,

(

a) whether the counter petition forms submitted are accurate, and

(

b) whether the counter petition has been signed by the percentage of electors referred to in subsection (1).

Prohibition against false statements

172.8 A person who presents a counter petition form to another person for signing must not knowingly make any false or misleading statements to the other person about the proposed bylaw, action or other matter to which the counter petition relates.

Offences

172.9

(1) The following sections apply in relation to counter petition opportunities, with a reference to voting to be read as a reference to the signing of a counter petition:

section 151 [vote buying];

section 152 [intimidation];

section 153 (6) (b) [false declarations];

section 154 [penalties] .

(2) A person who contravenes

section 172.8 [prohibition against false statements] commits an offence and

section 154 (2) applies.

Regulations

172.91

(1) The Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing information that must be included in a notice under

section 172.4 [notice of counter petition opportunity];

(

b) prescribing the form and content of counter petitions under this Division.

(2) Regulations under this

section may be different for different classes of proposed bylaws, actions or other matters to which counter petition opportunities relate.

Section 176 (1) is amended

(

a) by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) to make agreements respecting

(

i) the local government's services, including agreements respecting the undertaking, provision and operation of its services, other than the exercise of its regulatory authority,

(ii) operation and enforcement in relation to the local government's exercise of its regulatory authority, and

(iii) the management of property or an interest in property held by the local government;

(

b) to make agreements with a public authority respecting

(

i) activities, works or services within the powers of a party to the agreement, other than the exercise of regulatory authority, including agreements respecting the undertaking, provision and operation of activities, works and services,

(ii) operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and

(iii) the management of property or an interest in property held by a party to the agreement; , and

(

b) by adding the following paragraph:

(

g) to establish commissions to

(

i) operate services of the local government,

(ii) undertake operation and enforcement in relation to the local government's exercise of its regulatory authority, and

(iii) manage property or an interest in property held by the local government.

Section 177 (4) is repealed and the following substituted:

(4) Notices under

(

a) section 164 [notice of other voting], or

(

b) section 172.4 [notice of counter petition opportunity]

in relation to the agreement must state that the agreement and the records relating to it are available for public inspection in the local government offices during their regular office hours.

Section 184 is repealed and the following substituted:

Limitation on assistance by means of tax exemption

184 As limitations on sections 176 (1) (

c) and 183,

(

a) a council may only provide a property tax exemption in accordance with Division 1 of

Part 10 [Assessment and Taxation

– Exemptions], and

(

a) a board may only provide a property tax exemption in accordance with Division 4.4 of

Part 24 [Regional Districts

– Tax Rates and Exemptions] .

Section 188 is amended

(

a) in subsection (1) by striking out "subsection (2)," and substituting "subsections (2) and

(3)," , and

(

b) by adding the following subsection:

(3) Except as required by subsection (2), in the case of a sale of park land, the proceeds of the disposition must be placed to the credit of a reserve fund under

Part 13 established for the purpose of acquiring park lands.

Section 198 (

e) is repealed and the following substituted:

(

e) accepting, on behalf of the local government, municipality or regional district, notices and documents that are required or permitted to be given, served on, filed with or otherwise provided to the local government, municipality or regional district; .

Section 218 is amended

(

a) by repealing subsection (2) (c), and

(

b) by adding the following subsection:

(4) The powers and duties set out in subsections (2) (

d) and (3) are subject to sections 200 [appointment of officers and employees] and 202 [termination of officer] .

Section 219 (2) is amended by striking out "must record in the minute book"

and substituting "must record in the minutes" .

Section 223 (2) is amended by striking out "Each copy of a notice under subsection (1) must be signed"

and substituting "The notice must be signed" .

Section 229 is repealed and the following substituted:

Appeal from decision of mayor or member presiding

(1) On an appeal by a council member from a decision of the mayor or the member presiding at a council meeting, the question as to whether the chair is to be sustained must be immediately put by the mayor or presiding member and decided without debate.

(2) The mayor or presiding member must be governed by the vote of the majority of the other council members present.

(3) If the votes are equal, the question passes in the affirmative.

(4) The names of the council members voting for or against the question must be recorded in the minutes.

(5) If the mayor or presiding member refuses to put the question under subsection (1),

(

a) the council must immediately appoint another member to preside temporarily,

(

b) that other member must proceed in accordance with subsection (1), and

(

c) a resolution or motion carried under this subsection is as binding as if carried under subsection (1).

Section 235 (1) (

a) is repealed and the following substituted:

(

a) establish the procedures that are to be followed for the conduct of its business, including the manner by which resolutions may be passed and, in accordance with

section 258 [establishment of procedures for adopting bylaws], by which bylaws may be adopted; .

26 Sections 238 and 239 are repealed and the following substituted:

Appointment of select committees

(1) A council may appoint a select committee to consider or inquire into any matter and to report its findings and opinion to the council.

(2) Subject to subsection (3), persons who are not council members may be appointed to a select committee.

(3) At least one member of a select committee must be a council member.

Appointment of standing committees

(1) The mayor may establish standing committees for matters the mayor considers would be better dealt with by committee and may appoint persons to those committees.

(2) Subject to subsection (3), persons who are not council members may be appointed to a standing committee.

(3) At least half of the members of a standing committee must be council members.

Section 241 is repealed and the following substituted:

Petitions to council

(1) This

section applies to petitions to council, other than counter petitions under Division 5 of

Part 4 [Other Voting

– Counter Petition Opportunities] .

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

(3) A person may not withdraw their name from the petition or add a name to the petition

(

a) if no time has been set under this Act for submission of the petition, after the petition has been certified as sufficient, and

(

b) in other cases, after the time set for submission of the petition.

(4) Except as otherwise provided, the sufficiency and validity of a petition to a council must be determined by the municipal officer assigned responsibility under

section 198 [corporate administration], who must certify this determination.

(5) A determination under subsection (4) is final and conclusive.

Section 242 is repealed.

Section 242.8 (

d) is amended by striking out "modifying the effect of this Division"

and substituting "modifying any of the provisions of this

Division" .

Section 251 (2) (

a) is amended by striking out "granted"

and substituting "granted or exercised" .

Section 257 (3) and (4) is repealed and the following substituted:

(3) If this or another Act requires that a bylaw receive

(

a) approval of the Lieutenant Governor in Council, a minister or the inspector, or

(

b) approval of the electors through a counter petition opportunity or assent of the electors,

the approval must be obtained after the bylaw has been given third reading and before it is adopted.

(4) If this or another Act requires that a bylaw receive both

(

a) approval of the Lieutenant Governor in Council, a minister or the inspector, and

(

b) approval of the electors through a counter petition opportunity or assent of the electors,

the approval under paragraph (

a) must be obtained before the bylaw is submitted for approval under paragraph (b).

Section 258 is repealed and the following substituted:

Establishment of procedures for adopting bylaws

(1) A council must, in its bylaw under

section 235 [procedure bylaw], establish the procedure that, subject to this Part, is to be followed in adopting bylaws.

(2) Subject to

section 257 (2), the bylaw may permit 2 or more readings at one meeting of council.

33 The following

section is added:

Power to amend or repeal

258.1 Unless otherwise provided,

(

a) the power to adopt a bylaw under this or any other Act includes the power to repeal or amend the original bylaw,

(

b) the included power to amend or repeal must be exercised by bylaw and is subject to the same approval and other requirements, if any, as the power to adopt the original bylaw, and

(

c) the included power may be exercised in the original bylaw.

Section 269 (1) is amended by striking out "authority to direct"

and substituting "authority to require" .

Section 287 is amended

(

a) by repealing subsection (1) (

d) and substituting the following:

(

d) a member of

(

i) a commission established under

section 176 (1) (g),

(ii) an athletic commission established under

section 722.1, or

(iii) a library board under the Library Act ; ,

(

b) in subsection (1) by adding the following:

(

q) a member of a select or standing committee who is appointed under

section 238 (2), 239 (2), 740.1 (3) or 795 (3), as applicable. , and

(

c) in subsection (4) by striking out "subsection (1) (

a) to (j)"

and substituting "subsection (1) (

a) to (k)" .

Section 287.2 (7) is amended by striking out "(

o) and (p)"

and substituting "(o), (

p) and (q)" .

Section 301.1, as enacted by

section 75 of the Local Government Statutes Amendment Act, 1999, S.B.C. 1999, c. 37, is renumbered as

section 301.11.

Section 305.1 (1) is repealed and the following substituted:

(1) If land in a municipality is dedicated to the public for the purpose of a park or a public square by subdivision plan deposited in the land title office by which title is vested in the Crown, the municipality is entitled to possession and control of the land for that purpose.

Section 305.2 is repealed and the following substituted:

Exchange of dedicated land

305.2

(1) If a municipality

(

a) is entitled to possession and control of land under

section 305.1 [Crown land parks dedicated by subdivision], or

(

b) holds title to park land under

section 941 (14),

the council may, by bylaw, dispose of a portion of that land in exchange for other land suitable for a park or public square.

(2) A bylaw under subsection (1) may provide that, instead of taking land in exchange, the proceeds of the disposal are to be placed to the credit of a reserve fund under

Part 13 established for the purpose of acquiring park lands.

(3) Before adopting a bylaw under subsection (1), the council must provide a counter petition opportunity in relation to the proposed bylaw.

(4) All land taken in exchange under this

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

(

a) in the case of land referred to in subsection (1) (a), in the Crown with right of possession and control in the municipality, and

(

b) in the case of land referred to in subsection (1) (b), in the municipality.

(5) Transfers under this

section of land referred to in subsection (1) (

a) or (b)

(

a) have effect free of any dedication to the public for the purpose of a park or a public square, and

(

b) in the case of land referred to in subsection (1) (a), have effect as a Crown grant.

Section 307 (3) is amended by striking out "section 242 (4),"

and substituting "section 172.4," .

Section 333 (2) and (3) is repealed and the following substituted:

(2) A municipality may make an expenditure that is provided for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.

(3) A municipality may make an expenditure for an emergency that was not contemplated for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.

Section 334 (4) is repealed and the following substituted:

(4) Except for a liability referred to in subsection (3) (b), a municipality must not incur a liability for which expenditures are required during the planning period for its financial plan unless those expenditures are included for the applicable year in the financial plan.

Section 334.1 is amended

(

a) by repealing subsection (1) (

b) and substituting the following:

(

b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement. , and

(

b) in subsection (3) by striking out "section 242 (4)," and substituting "section

172.4," .

Section 334.4 (2) is amended

(

a) in paragraph (

b) by striking out "lessor" and substituting

"lesser" , and

(

b) by repealing paragraph (c) (ii) and substituting the following:

(ii) in brief and general terms, the purpose for which the debt is to be incurred.

Section 335.1 is amended

(

a) in subsection (4) by striking out "section 242 (4)," and substituting "section

172.4," , and

(

b) in subsection (6) by striking out "distinct purpose" and substituting "single distinct

purpose" .

Section 336 is amended by striking out "Money borrowed or revenue raised"

and substituting "Money held by a municipality" .

Section 342 (3) to (4.1) is repealed and the following substituted:

(3) A bylaw under subsection (2) may provide a tax exemption

(

a) for the next calendar year, or

(

b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.

(4) In addition to the information required by

section 172.4, the notice of a counter petition opportunity under subsection (3) (

b) of this

section must

(

a) identify the eligible heritage property that would be subject to the bylaw, and

(

b) describe the exemption that would be made for the eligible heritage property.

Section 343.1 is amended by repealing subsections (4) to (5.1) and substituting the following:

(4) A bylaw under subsection (2) may provide a tax exemption

(

a) for the next calendar year, or

(

b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.

(5) In addition to the information required by

section 172.4, the notice of a counter petition opportunity under subsection (4) (

b) of this

section must

(

a) identify the eligible riparian property that would be subject to the bylaw, and

(

b) describe the exemption that would be made for the eligible riparian property.

Section 351 (5) is repealed and the following substituted:

(5) The registrar of land titles must not transfer land subject to a valuation agreement without a certificate from the designated municipal officer showing that all obligations for amounts owing by the owner under sections 347 to 350 and the valuation agreement have been discharged.

Section 353 is repealed and the following substituted:

Taxation of certain utility company property

(1) In this section:

"utility company" means an electric light, electric power, telephone, water, gas or closed circuit television company;

"specified improvement" means an improvement of a utility company that is

(

a) a pole line, cable, tower, pole, wire, transformer, equipment, machinery, exchange equipment, main, pipe line or structure, other than a building,

(

b) erected or placed in, on or affixed to

(

i) land in a municipality, or

(ii) a building, fixture or structure in or on land in a municipality, and

(

c) used solely in the municipality or a group of adjoining municipalities by the company for local generation, transmission, distribution, manufacture or transportation of electricity, telephonic communication, water, gas or closed circuit television.

(2) A utility company that is carrying on business in a municipality in which it has specified improvements must be taxed annually by the municipality at the rate of 1% as follows:

(

a) for a telephone or closed circuit television company, on the gross rentals received in the second preceding year from its subscribers for telephone or television service located in the municipality, including telephone interexchange tolls for calls between exchanges in the municipality;

(

b) for any other utility company, on the amount received in the second preceding year by the company for electric light, electric power, water or gas consumed in the municipality, other than amounts received for

(

i) light, power or water supplied for resale,

(ii) gas supplied for the operation of motor vehicles fueled by natural gas, or

(iii) gas supplied to any gas utility company, other than a government corporation as defined in the Financial Administration Act or a subsidiary of a government corporation.

(3) Tax under subsection (2) is subject to the same remedies and penalties as taxes under

Part 10.1 [Taxes, Fees and Charges] .

(4) A utility company liable to tax under subsection (2) must

(

a) by October 31 in each year, for the purpose of determining the tax payable in the next year, file with the collector a return of the revenue referred to in that subsection that was received in the preceding year, and

(

b) pay the tax imposed under subsection (2) in accordance with Division 1 of

Part 11 [Tax Collection

– Due Dates and Tax Notices] .

(5) As an exception to subsections (2) and (4), in the case of a company to which this

section applies for the first time in the municipality,

(

a) the company must pay the tax imposed under subsection (2) in the second year of its operation on the basis of revenue earned in the first year, and

(

b) the report of revenue earned in the first year must be filed before May 8 of the second year of operation.

(6) Tax imposed on a utility company under subsection (2) is in place of tax that might otherwise be imposed on the specified improvements under

section 359 (1) (a) [municipal property taxes], and taxes may not be imposed under that provision on the specified improvements although they may be imposed on those improvements under

section 359 (1) (b) [property taxes for other bodies] .

(7) For certainty, all land and improvements of a utility company in a municipality, other than specified improvements, are subject to tax under

section 359 [annual property tax bylaw] .

Section 363 (1) is repealed and the following substituted:

(1) A council may, by bylaw, impose a fee or charge payable in respect of all or part of a service of the municipality or the exercise of regulatory authority by the municipality.

Section 365 (

b) is repealed and the following substituted:

(

b) if the municipality does establish a scheme under

section 367, in accordance with

section

Section 368 is repealed and the following substituted:

Owner may elect which scheme to use

(1) If a municipal tax collection scheme is established, the applicable scheme is determined in accordance with the following:

(

a) if an owner has elected in accordance with subsection (2) to pay under the municipal scheme, that scheme applies;

(

b) if an owner has elected in accordance with subsection (2) to pay under the general tax collection scheme, that scheme applies;

(

c) if paragraph (

a) or (

b) does not apply and the municipal tax collection scheme

(

i) has not established due dates that are before July 2,

(ii) has not established any interest, or has established interest that does not exceed the interest for the general tax collection scheme prescribed under

section 366 (2), and

(iii) has not established any penalty, or has established penalties that do not exceed the penalties for the general tax collection scheme prescribed under

section 366 (2),

the municipal tax collection scheme applies;

(

d) if no other paragraph applies, the general tax collection scheme applies.

(2) An owner may make an election, or change an election, referred to in subsection (1) (

a) or (

b) by giving written notice of the election to the municipality within the time period established under

section 367 (2) [municipal scheme] .

(3) If the land title registration of a property indicates that there is more than one registered owner of the property, a person giving notice under subsection (2) may only do so with the written consent of the number of those persons who, together with the person giving notice, are a majority of the registered owners.

(4) As a limit on subsection (2), after an election or change has been made under this section, no further change in election may be made for the same year.

(5) Once an election or change has been made under this section, the owner is liable to make payments in accordance with the applicable scheme until the owner has made a subsequent change in election under this section.

Section 369 (3) is repealed and the following substituted:

(3) The tax notice must include or have enclosed with it an application for a grant under the Home Owner Grant Act .

Section 501 is amended

(

a) by renumbering the

section as

section 501 (1), and

(

b) by adding the following subsection:

(2) As an exception, a bylaw under subsection (1) authorizing the transfer of an amount from a reserve fund that is established for the purpose of acquiring park lands may only be adopted with the approval of the minister.

56 Sections 517 and 518 are repealed and the following substituted:

General authority for services

(1) Subject to the specific limitations and conditions established by or under this or another Act, a municipality may operate any service that the council considers necessary or desirable for all or part of the municipality.

(2) The authority under subsection (1) includes the authority to operate a service in an area outside the municipality as well as in the municipality itself.

(3) A municipal service may be operated directly by the municipality or through another public authority, person or organization.

Establishing bylaws required for most services

517.1

(1) In order to operate a service, the council must first adopt an establishing bylaw for the service.

(2) As an exception, an establishing bylaw is not required for the following:

(

a) general administration;

(

b) undertaking feasibility studies in relation to proposed services;

(

c) a service for which authority is expressly provided by another Part of this Act or by another enactment.

Consent required for services outside municipality

(1) Before establishing a service referred to in

section 517 (2) [services outside municipality], the council must obtain the consent of the other affected local government as follows:

(

a) if the area is in another municipality, the consent of the council of that other municipality is required;

(

b) if the area is not in another municipality, the consent of the regional district board for the area is required.

(2) If a service referred to in subsection (1) is established, the powers, duties and functions of the municipality under this Part, and in relation to enforcement, may be exercised in relation to the service in the area in which the service is provided.

General authorities in relation to services

518.1

(1) A bylaw under this Part may

(

a) establish different classes of persons, places, activities or things, and

(

b) make different provisions for different classes and for different areas of the municipality.

(2) A council may, by bylaw, regulate in relation to a municipal service.

(3) A power to regulate under this

Part includes the power to prohibit.

(4) Without limiting subsection (2), a bylaw under this Part may provide for a system of licences, permits or approvals in relation to a municipal service, including one or more of the following:

(

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

(

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

(

c) providing for the duration periods of licences, permits and approvals;

(

e) setting out the conditions that must be met before a licence, permit or approval is granted, the nature of the conditions and who may impose them;

(

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

(

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

(ii) failure to comply with the bylaw.

Section 527 is amended by adding the following subsections:

(1.1) At least 30 days before adopting a bylaw under subsection (1) (b), the council must publish notice of its intention in a newspaper.

(1.2) Before adopting a bylaw under subsection (1) (b), the council must provide an opportunity for persons who consider they are affected by the bylaw to make representations to council.

Section 554 (3) (

b) is amended by striking out "counter petition"

and substituting "petition" .

Part 18 is repealed.

Section 648 (8) is amended by striking out "section 242 (4),"

and substituting "section 172.4," .

Section 664 is amended by adding the following definition:

"licence plate" includes licence decal; .

Section 671 (3) (

a) is repealed and the following substituted:

(

a) licence plate production expenses; .

Section 700 (9) is repealed.

Section 721 (3) is repealed and the following substituted:

(3) A registrar of land titles must not accept for registration a document purporting to transfer or charge land in an area of a municipality or improvement district rehabilitated under the Public Works Agreement Act or the Agricultural and Rural Development (BC) Act without a certificate from the designated municipal officer or the improvement district officer assigned responsibility under

section 738.2 that charges under subsection (1) have been paid in full.

65 The following

section is added:

Athletic commissions

722.1

(1) A council may, by bylaw, establish an athletic commission consisting of 3 members appointed annually.

(2) A council may, by bylaw, provide that an athletic commission is to have one or more of the following powers within the municipality:

(

a) to regulate and supervise professional boxing, wrestling and like activities, contests and exhibitions;

(

b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the commission's proper expenses, to require persons conducting events referred to in paragraph (

a) to pay to the commission for each event the fee set by the council;

(

c) to specify equipment to be used in and to establish rules for the conduct of professional boxing and wrestling and any other professional contests within the jurisdiction of the commission;

(

d) to pass on and approve contracts for the contests or exhibitions as a condition of their being held;

(

e) to issue permits to persons conducting professional athletic contests or exhibitions as a condition of their being held;

(

f) to issue permits to boxers, wrestlers and other participants in professional athletic contests or exhibitions as a condition of their participating in them;

(

g) before issuing any permit, to require the applicant to give the security the commission determines for the faithful performance of the applicant's obligations as specified by the commission;

(

h) to prohibit a person from participating in or conducting a contest or exhibition, or from advertising them, unless the person has been granted a permit for the purpose;

(

i) to investigate the conduct of participants in the contests or exhibitions or of persons conducting them, and particularly with respect to alleged breaches of the bylaw or rules made under it;

(

j) in relation to breaches of the bylaw or rules made under it, to impose reasonable fines for misconduct, or to prohibit those participants or persons from taking

part in contests or exhibitions in the municipality for reasonable periods;

(

k) whether or not a penalty has been imposed, to restrain a person conducting a contest or exhibition or participating in it without the prescribed permit, by action in the Supreme Court brought by the commission in its name without the Provincial government being made a party to the action.

(3) A council may, by bylaw, provide that a decision of the commission under subsection (2) is subject to appeal to the council.

(4) Security under subsection (1) (

g) may be enforced by and in the name of the commission for the benefit of all persons entitled to claim under it.

Section 729 is amended by adding the following

definitions:

"assessor" means, except in

section 756, the improvement district officer assigned responsibility for assessing land and improvements for the improvement district;

"board of trustees" means the trustees of an improvement district under

section 736;

"collector" means, except in

section 756, the improvement district officer assigned responsibility for collecting taxes for the improvement district; .

Section 730 is repealed.

Section 731 is amended by adding the following subsection:

(7) Subsection (2) (

a) does not apply in relation to

section 739 [meeting procedure],

section 741 [annual general meeting],

section 741.1 [annual financial statements], or

section 741.2 [appointment of auditor]

of this Act and, to the extent that there is an inconsistency between any requirement under those sections and a provision of the letters patent for an improvement district, the requirement under the applicable

section prevails and the provision of letters patent is of no force and effect.

Section 738 (5) is repealed.

70 The following sections are added:

Officer positions

738.1

(1) The board of trustees

(

a) must, by bylaw, establish officer positions in relation to the duties under sections 738.2 [corporate administration] and 738.3 [financial administration], with titles the board considers appropriate,

(

b) may, by bylaw, establish other officer positions for the improvement district, with titles the board considers appropriate, and

(

c) may, by bylaw or resolution, assign powers, duties and functions to those officer positions.

(2) For certainty,

(

a) the board of trustees may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and

(

b) the same person may be appointed to 2 or more officer positions.

(3) Words in an enactment referring to an improvement district officer, by name of office or otherwise, also apply to

(

a) the officer's deputy, and

(

b) any person designated by the board of trustees to act in the officer's place.

Corporate administration

738.2 One of the officer positions established under

section 738.1 must be assigned the responsibility of corporate administration, which includes the following powers, duties and functions:

(

a) ensuring that accurate minutes of the meetings of the board of trustees and its committees are prepared and that the minutes, bylaws and other records of the business of the board and its committees are maintained and kept safe;

(

b) ensuring that access is provided to records of the board of trustees and its committees, as required by law or authorized by the board;

(

c) signing and certifying copies of bylaws and other documents, as required or requested;

(

d) accepting, on behalf of the improvement district or the board of trustees, notices and documents that are required or permitted to be given, served on, filed with or otherwise provided to the improvement district or board of trustees;

(

e) keeping the improvement district's seal and having it affixed to documents as required.

Financial administration

738.3 One of the officer positions established under

section 738.1 must be assigned the responsibility of financial administration, which includes the following powers, duties and functions:

(

a) receiving all money paid to the improvement district;

(

b) ensuring the keeping of all funds and securities of the improvement district;

(

c) expending and disbursing money in the manner authorized by the board of trustees;

(

d) investing funds, until required, in investments under

section 745 (4) [authority equivalent to municipal investment authority];

(

e) ensuring that accurate records and full accounts of the financial affairs of the improvement district are prepared, maintained and kept safe;

(

f) compiling and supplying information on the financial affairs of the improvement district required by the inspector.

Officers and employees

738.4

(1) The board of trustees may

(

a) provide for the appointment of officers and other employees for the improvement district, and

(3) Subject to a contract of employment, the appointment of an improvement district officer may be terminated by the board of trustees as follows:

(

a) on reasonable notice, if the termination is approved by an affirmative vote of at least 2/3 of the votes cast by the trustees;

(

b) without notice, for cause, if the termination is approved by a majority of the votes cast by the trustees.

Giving notice to improvement districts

738.5 If an enactment requires or permits

(

a) notice to be given to an improvement district or a board of trustees,

(

b) a document to be served on an improvement district or a board of trustees,

(

c) a document to be filed with an improvement district or a board of trustees, or

(

d) a document to be delivered, sent, submitted or otherwise provided to an improvement district or a board of trustees,

the notice, service, filing or provision is effected if the notice or document is, as applicable, given, served on, filed with or provided to the improvement district officer assigned responsibility under

section 738.2 [corporate administration] .

Section 739 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The board of trustees must, by bylaw, do the following:

(

a) establish the procedures that are to be followed for the calling of meetings of the board and for the conduct of its business, including the manner by which resolutions may be passed and bylaws adopted;

(

b) establish the procedures that are to be followed in calling and conducting

(

i) meetings of select and standing committees of the board,

(ii) meetings referred to in

section 741 [annual general meeting], and

(iii) meetings of any other committee composed solely of trustees of the improvement district acting in that capacity;

(

c) establish the procedures for giving advance public notice respecting the date, time and place of meetings referred to in

section 741 [annual general meeting] and any other meetings required to be open to the public by a regulation under

section 739.1 (a) [regulations for public access to board meetings] . , and

(

b) by repealing subsections (3) and (4) and substituting the following:

(3) The chair or the officer assigned responsibility under

section 738.2 [corporate administration] must give notice to each trustee of each meeting of the board of trustees in accordance with the procedures established by bylaw under subsection (1) of this section.

72 The following

section is added:

Regulations for public access to board meetings

739.1 The Lieutenant Governor in Council may make regulations as follows:

(

a) making the provisions of sections 236 [minutes of council meetings], 237 [minutes of committee meetings] and 242.1 to 242.5 [public access to municipal meetings], as applicable, apply in relation to meetings of

(

i) the board of trustees,

(ii) select and standing committees of the board, and

(iii) any other body established by the board;

(

b) excluding a body under paragraph (a) (iii) from the application of one or more of the provisions referred to in paragraph (a);

(

c) modifying any of the provisions referred to in paragraph (

a) in relation to bodies referred to in that paragraph;

(

d) making

section 237 [minutes of committee meetings] applicable to meetings referred to in

section 741 [annual general meeting] and modifying any of the provisions of

section 237 in relation to those meetings.

Section 740 (2) is amended by striking out "by the secretary,"

and substituting "by the officer assigned responsibility under

section 738.2 [corporate administration],"

74 The following

section is added:

Appointment of select and standing committees

740.1

(1) A board of trustees may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.

(2) The board may establish standing committees for matters the board considers would be better dealt with by committee and may appoint persons to those committees.

(3) Subject to subsection (4), persons who are not trustees may be appointed to select and standing committees.

(4) At least one member of each select and standing committee must be a trustee.

Section 741 is repealed and the following substituted:

Annual general meeting

(1) At least once in every 12 months, the board of trustees must call a meeting of the owners of land in the improvement district at which it presents the audited financial statements for the preceding calendar year.

(2) The annual general meeting must be open to the public.

(3) At least 14 days before the annual general meeting, the board of trustees must give advance public notice of the date, time and place of the meeting in accordance with the procedures established by bylaw under

section 739 (1) (c).

76 The following sections are added:

Annual financial statements

741.1

(1) The fiscal year for an improvement district is the calendar year.

(2) Improvement district financial statements for a fiscal year must be

(

a) prepared by the officer assigned responsibility under

section 738.3 [financial administration], and

(

b) presented to the board of trustees for its acceptance.

(3) Subject to subsection (4), the financial statements must be prepared in accordance with generally accepted accounting principles for local governments.

(4) The inspector may require or authorize, generally or for a specified improvement district, that the financial statements vary from or include additional information to the requirements of subsection (3).

(5) By May 15 in each year, the board of trustees must submit to the inspector the audited financial statements of the improvement district for the preceding year and any other financial information required by the inspector.

Appointment of auditor

741.2

(1) A board of trustees must appoint an auditor for the improvement district.

(2) The auditor must meet the requirements of

section 331 (2) [auditor qualifications] .

(3) The following apply to an auditor appointed under subsection (1):

section 331.1 [auditor may appeal termination];

section 331.3 [auditor's reports];

section 331.4 [access to information by auditors] .

77 The following

section is added:

Indemnification against proceedings

743.1

(1) A board of trustees has the power to indemnify against proceedings as set out in

section 287.2 (1) to (6) [indemnification against proceedings] .

(2) Without limiting subsection (1), the power to indemnify under that subsection applies in relation to the persons referred to in

section 287 (1) (n), (

o) and (q) [volunteers and committee members] as though those persons were officers or employees of the improvement district.

Section 745 is amended

(

a) in subsection (2) by repealing paragraph (

g) and substituting the following:

(

g) make agreements;

(

h) any thing incidental to the things referred to in paragraphs (

a) to (

g) or necessary to carry out its objects. , and

(

b) by adding the following subsection:

(4) Money held by an improvement district that is not immediately required may be invested or reinvested by the board of trustees in investments referred to in

section 336 [investment of municipal funds] .

Section 746 (1) is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) entering into a contract about land or works; ,

(

b) by repealing paragraph (e), and

(

c) by repealing paragraph (

k) and substituting the following:

(

k) regulating and requiring the provision of works and services in respect of the subdivision of land; .

Section 747 (1) (

b) is amended by striking out "by the secretary and"

and substituting "by the officer assigned responsibility under

section 738.2 [corporate administration]

and" .

81 The following sections are added:

Subdivision servicing requirements

747.1

(1) For the purposes of

section 746 (1) (k), the board of trustees may, by bylaw, require that, within that subdivision,

(

a) a water distribution system,

(

b) a fire hydrant system,

(

c) a sewage collection system,

(

d) a sewage disposal system,

(

e) a drainage collection system, or

(

f) a drainage disposal system

be provided, located and constructed in accordance with the standards established in the bylaw.

(2) The authority under subsection (1) is limited to requiring the provision of works and services that are within the objects of the improvement district described in the letters patent.

(3) A bylaw under subsection (1) may be different in relation to one or more of the following:

(

a) different circumstances;

(

b) different areas;

(

c) different land uses;

(

d) different zones.

(4) An improvement district must not impose a requirement under subsection (1) in respect of a subdivision under the Condominium Act .

(5) In addition to the authority under subsection (1), as a condition of

(

a) the approval of a subdivision, or

(

b) if an agreement under subsection (9) applies, the issuance of a building permit,

a board of trustees may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway.

(6) In addition to the authority under subsection (1), if an agreement under subsection (9) applies, as a condition of the issuance of a building permit, a board of trustees may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section.

(7) Requirements under subsections (5) and (6)

(

a) may only be made to the extent that they are directly attributable to the subdivision or development, and

(

b) must not include specific services that are included in the calculations used to determine the amount of a capital expenditure charge under

section 746 (1) (f), unless the owner agrees to provide the services.

(8) If the owner agrees to provide the services referred to in subsection (7) (b),

section 933 (8) (a)

[deduction of amounts paid by owner] applies to the calculation of the capital expenditure charge.

(9) A board of trustees and a local government may enter into an agreement under which the local government may refuse to issue building permits in accordance with this section.

(10) The authority to require works and services under this

section is limited to works and services that are within the objects of the improvement district as described in its letters patent.

Excess or extended services and latecomer payments

747.2

(1) For the purposes of this section:

"excess or extended services" means a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed;

"owner" means an owner within the meaning of

section 5.

(1.1) A board of trustees may require that the owner of land that is to be subdivided or developed provide excess or extended services.

(1.2) If a board of trustees makes a requirement under subsection (1.1), the cost of providing the excess or extended services must be paid for

(

a) by the improvement district, or

(

b) if the board of trustees considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed.

(2) If the board of trustees requires an owner of land that is to be subdivided or developed to provide excess or extended services and requires the owner to pay all or part of those services, If the board of trustees imposes a requirement under subsection (1.2) (b), the improvement district must

(

a) determine the proportion of the cost of providing the water, sewage or drainage facilities that it considers constitutes the excess or extended service,

(

b) determine which part of the excess or extended service that it considers will benefit each of the parcels of land that will be served by the excess or extended service, and

(

c) impose, as a condition of an owner connecting to or using the excess or extended service, a charge related to the benefit determined under paragraph (b).

(3) If the improvement district pays all or part of the costs of excess or extended services, it may recover costs by a charge under subsection (2) (c).

(4) If the owner pays all or part of the costs of excess or extended services, the improvement district must pay the owner

(

a) all the charges collected under subsection (2) (c), if the owner pays all the costs, or

(

b) a corresponding proportion of all charges collected, if the owner pays a portion of the costs.

(5) A charge payable under subsection (2) (

c) must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins.

(6) Charges payable for latecomer connections or use under subsection (2) (

c) must be collected during the period beginning when the excess or extended services are completed, up to

(

a) a date to be agreed on by the owner and the board of trustees, or

(

b) if there is no agreement, a date determined under the Commercial Arbitration Act ,

but no charges are payable beyond 10 years from the date the service is completed.

(7) If an owner, in accordance with a bylaw under

section 746 (1) (

k) or 747.1, provides water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this

section applies.

Section 747.1 (4) is amended by striking out " Condominium Act ."

and substituting " Strata Property Act. "

Section 753 (1) is amended by striking out "of the improvement

district" .

Section 762 (3) is amended by striking out "of the improvement

district" .

Section 771 is amended by striking out "secretary of the trustees of the improvement district,"

and substituting "officer assigned responsibility under

section 738.3 [financial

administration]," .

Section 773 is amended

(

a) by repealing the

definitions of "extended service" , " general service" , "local service"

and "net taxable value of land and improvements" ,

(

b) by adding the following

definitions:

"regulatory service" means the exercise of a regulatory authority conferred on a regional district by or under this or another Act, other than the exercise of regulatory authority under

section 796.2 [general authorities in relation to services] or

section 797 [Part 15 powers equivalent to municipalities];

"requisition" means a requisition under

section 805 [municipal] or 806 [electoral area]; , and

(

c) by repealing the

definitions of "service" and "service area"

and substituting the following:

"service" includes a regulatory service;

"service area" means the area in which a service is provided, being comprised of the participating areas for the service; .

87 The following Division is added in

Part 24:

Division 1.1 – Continuation of Regional Districts and Services

Continuation of regional districts

774.1

(1) Every regional district incorporated before this

Part came into force on July 1, 1989 is continued as a corporation and is vested with the powers conferred on it by this Act.

(2) All bylaws validly adopted by a board before this

Part came into force continue in force.

Continuation of regional district services

774.2

(1) In this section:

"previous continuation authority" means the authority to provide services under

section 775 (3) to (8), as that

section read immediately before the transition date;

"continued service" means a service provided by a regional district immediately before the transition date;

"transition date" means the date when this

section came into force.

(2) Subject to this section, a regional district continues to have the power to provide a continued service as follows:

(

a) if, immediately before the transition date,

(

i) the service is one that was authorized under the previous continuation authority, and

(ii) no bylaw that was deemed under the previous continuation authority to be an establishing bylaw has been adopted in relation to the service,

the service may be continued in accordance with the previous continuation authority and, for these purposes, that authority is deemed not to have been repealed;

(

b) if the service is one referred to in

section 800.1 (2) (

b) or (c) [development services and social planning], or is another service for which an establishing bylaw was not required before the transition date, the service may be continued without an establishing bylaw.

(3) If a board exercises a power to provide a continued service under subsection (2), it may

(

a) adopt a bylaw in accordance with subsection (5) to convert the service to one exercised under the authority of an establishing bylaw, and

(

b) by the same bylaw, amend the power to the extent that it could if the power were in fact exercised under the authority of an establishing bylaw.

(4) A board must adopt a bylaw under subsection (3) in relation to a continued service if any changes are made to the service area, participants, method of cost recovery or apportionment of costs in relation to the service.

(5) A bylaw under subsection (3) must

(

a) meet the requirements of

section 800.1 [required content] for an establishing bylaw, and

(

b) be adopted in accordance with

section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

(6) A bylaw under subsection (3) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

Section 775 is repealed.

Section 777 (1) (

k) is repealed.

Section 781 (2) and (3) is repealed and the following substituted:

(2) If provision is made for a service area under subsection (1), the board must adopt a bylaw in respect of the service that

(

a) meets the requirements of

section 800.1 [required content] for an establishing bylaw, and

(

b) is adopted in accordance with

section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

(3) A bylaw under subsection (2) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

Section 782 (4.1) is repealed and the following substituted:

(4.1) The minister may, by order, specify a later date on which the transfer is effective and, if such an order is made, the jurisdiction of the regional district governing the service continues in force until that later date.

Section 784 (1) and (2) is repealed and the following substituted:

(1) After the first appointment under

section 777 (1) (e), each municipal director is to be appointed at pleasure by the council from among its members.

(2) The term of office of a municipal director

(

a) begins when the person takes office in accordance with

section 210 (3) [oath of office], and

(

b) continues until the earliest of

(

i) another director taking office in the original director's place,

(ii) the director ceasing to be a member of the council before the next general local election, and

(iii) December 31 in the year of a general local election.

Section 786 (2) is repealed and the following substituted:

(2) The alternate director may take the place of, vote and generally act in all matters for an absent municipal director, including a matter delegated to that director by the board.

(2.1) If there is more than one municipal director, the authority under subsection (1) may be exercised either

(

a) by specifying for each municipal director, the council member who is the alternate director for that municipal director, or

(

b) by appointing a number of alternate directors and establishing a system to determine which alternate director is to act in the place of any absent municipal director.

(2.2) As a restriction on subsection (2.1) (b), at any one time an alternate director may only act in place of a single municipal director.

94 Sections 788 and 789 are repealed.

Section 790 is repealed.

Section 791 is amended

(

a) in subsection (1) (

b) by striking out "subsections (2) to (16)."

and substituting "subsections (2) to (17)." ,

(

b) by repealing subsection (3) and substituting the following:

(3) Without limiting subsection (2), voting on the following matters must be in accordance with that subsection:

(

a) establishing bylaws for services;

(

b) bylaws exercising a regulatory authority in relation to a regulatory service;

(

c) resolutions and bylaws establishing services for which no establishing bylaw is required;

(

d) resolutions and bylaws on the general conduct of the board's business, including bylaws under sections 793 and 794;

(

e) resolutions dispensing with the consent of an electoral area director under

section 801.5 (3), or that

section as it applies under

section 802 (2) or 823 (5);

(

f) resolutions and bylaws under

Part 25, except as provided in subsection (16);

(

g) subject to subsections (12) and (13), resolutions and bylaws under

Part 26, other than bylaws referred to in paragraph (b). ,

(

c) by repealing subsection (4) and substituting the following:

(4) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a service, other than the service referred to in

section 800 (2) (a) [general administration], each director who is present and who represents a participating area for the service

(

a) is entitled to vote, and

(

b) subject to the establishing bylaw, has the number of votes assigned to that director under

section 783 (2). ,

(

d) in subsection (5) by repealing paragraph (

b) and substituting the following:

(

b) bylaws under

section 806.1 (2) [parcel tax collection in electoral areas] providing for the preparation of an assessment roll;

(

c) bylaws exercising a regulatory authority, other than bylaws referred to in subsection (3) (b). ,

(

e) by repealing subsections (12) and (13) and substituting the following:

(12) In relation to an agreement under

section 804.1 (2) [cost sharing for

Part 26 services],

(

a) the director for the municipality is not entitled to vote on the resolution or bylaw authorizing the regional district to enter into the agreement,

(

b) as soon as the agreement has been entered into, the director for that municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into any other agreement under that section, and

(

c) while the agreement is in force, the director for that municipality is not entitled to vote on any resolution or bylaw under

Part 26 [Planning and Land Use Management] except in accordance with the agreement.

(13) In relation to a municipality that has given notice under

section 804.1 (3) [withdrawal from participation in

Part 26 services],

(

a) as soon as the notice has been given, the director for the municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into an agreement under

section 804.1 (2), and

(

b) effective the year following the year in which the notice is given and continuing until the municipality again becomes a participant, the director for that municipality is not entitled to vote on any resolution or bylaw under

Part 26 except, if applicable, in relation to participation under

section 804.1 (6) or (7) [limited continued participation] . , and

(

f) by repealing subsection (15) (

b) and substituting the following:

(

b) subject to the establishing bylaw, has the number of votes assigned to that person under

section 783 (2).

Section 791 (3) is amended by adding the following paragraph:

(d.1) resolutions appointing a director under

section 813.02 (2) (c) [appointment of representative in relation to service disputes]; .

Section 791 (7) is repealed and the following substituted:

(7) Voting on resolutions and bylaws on the following matters must be in accordance with subsection (6):

(

a) authorizing persons to enter into contracts on behalf of the regional district;

(

b) authorizing the acquisition, expropriation or disposal of real property;

(

c) adopting the financial plan under

section 815;

(

d) authorizing borrowing and liabilities under Division 5 [Financial Operations] of this Part.

Section 794 (5) is amended by adding the following:

section 258 [establishment of procedures for adopting bylaws];

section 258.1 [power to amend or repeal]; .

Section 794 (5) is amended by striking out "section 257 (1), (3) and (5) [requirements for passing bylaws];"

and substituting "section 257 (1), (3), (4) and (5) [requirements for passing

bylaws]" .

Section 795 is repealed and the following substituted:

Appointment of select and standing committees

(1) A board may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.

(2) The chair may establish standing committees for matters the chair considers would be better dealt with by committee and may appoint persons to those committees.

(3) Subject to subsection (4), persons who are not directors may be appointed by the board to a select committee or by the chair to a standing committee.

(4) At least one member of each select and standing committee must be a director.

102 Division 4 of

Part 24 is repealed and the following substituted:

Division 4 – Services and Powers

General authority for services

(1) Subject to the specific limitations and conditions established by or under this or another Act, a regional district may operate any service that the board considers necessary or desirable for all or part of the regional district.

(2) The authority under subsection (1) includes the authority to operate a service in an area outside the regional district as well as in the regional district itself.

(3) A regional district service may be operated directly by the regional district or through another public authority, person or organization.

Consent required for services outside regional district

796.1

(1) Before establishing a service referred to in

section 796 (2) [services outside regional district], the board must

(

a) obtain the consent of the other affected local government in accordance with subsection (2), and

(

b) after receiving that consent, obtain the approval of the Lieutenant Governor in Council.

(2) For the consent required by subsection (1) (a),

(

a) if the area is in a municipality, the consent of the council of the municipality is required, and

(

b) if the area is not in a municipality, the consent of the regional district board for the area is required.

(3) The Lieutenant Governor in Council may, in an approval referred to in subsection (1) (b), establish restrictions and conditions on the establishment and operation of a service in a participating area that is outside the regional district.

(4) Subject to an approval under subsection (3), if a service referred to in subsection (1) is established,

(

a) the area outside the regional district must be identified as a separate participating area for the service,

(

b) the provisions of this Part apply with respect to the participating area as if it were located in the regional district, and

(

c) the powers, duties and functions of the regional district extend to the participating area as if it were located in the regional district.

General authorities in relation to services

796.2

(1) Section 518.1 [authority to classify, regulate, prohibit and license] applies in relation to a service under this Part, other than a regulatory service.

(2) If a regional district has established works or facilities outside the regional district for the purposes of a regional district service, the board may, by bylaw, regulate the use of the works and facilities.

(3) If a board enters into a mutual aid agreement respecting the use of equipment and personnel, that use may be undertaken inside or outside the service area.

Regulation authority in relation to previous bylaws

796.3

(1) This

section applies to bylaws under this Part

(

a) that were in force on the date that

section 803, as it then was, was repealed by the Local Government Statutes Amendment Act, 2000, or

(

b) that had received first reading before that date and were adopted within one year after that date.

(2) Subject to subsection (3), provisions in the bylaws that are the exercise of regulatory authority do not apply within a municipality unless the bylaw expressly provides this application.

(3) If, at the time referred to in subsection (1), letters patent conferred exclusive jurisdiction on a board as referred to in

section 803 (1) (

b) before the repeal referred to in subsection (1) of this section, the authority of the regional district under that

section 803

section 803 (1) (

b) continues as if the

section had not been repealed.

Part 15 powers equivalent to municipalities

(1) The following provisions of

Part 15 [Municipal Services] apply to regional districts:

Division 3 [Fire Protection];

Division 4 [Health];

Division 7 [Waste and Recycling] .

(2) Division 6 of

Part 15 [Sewers, Drains and Drainage], other than

section 549 [district municipality drainage works], applies to regional districts.

(3) Division 8 of

Part 15 [Miscellaneous], other than

section 552 [use of highways or municipal rights of way] as it applies to highways and

section 554 [charges for cleaning and clearing highways], applies to regional districts.

Specific regulatory and other powers

797.1

(1) If a board establishes any of the following services, the indicated provisions apply in relation to the service:

(

a) in relation to the numbering of buildings,

section 530 (a) [special authority in relation to highways];

(

b) in relation to building inspection,

Part 21 [Building Regulations];

(

c) in relation to animal control,

section 703 (1) (a) [keeping of certain animals],

section 704 (e) [leashing and other dog control],

section 705 [dog licences],

section 706 [compensation for injuries to livestock], and

section 707 (1) [animal pounds];

(

d) in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances,

section 724 [noise control],

section 725 (1) (

a) to (

h) and (2) [nuisances and disturbances], and

section 728 (1) (e) [fireworks];

(

e) in relation to the regulation of fire alarm systems and security alarm systems,

section 726 ;

(

f) in relation to the control of the deposit and removal of soil, rock, gravel, sand and other substances of which land is composed and control of the deposit of other materials,

section 723.

(2) If a board establishes a cemetery service under the Cemetery and Funeral Services Act , the board may exercise the same powers with the same limitations as a municipal council under that Act.

(3) Despite

section 182 [prohibition against providing assistance to business], a regional district may operate the service of

(

a) providing capital financing for services provided by a telephone, natural gas or electric power utility, or

(

b) the giving of grants to an applicant for a business promotion scheme under

section 651.2 [mountain resort business improvement areas ].

(4) A board may, by bylaw, establish the service of the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters;

(5) If a board adopts a bylaw under subsection (4), the board has and must exercise its authority in accordance with the Waste Management Act and regulations under that Act.

General authority for fees, charges and recovery of amounts owed

797.2

(1) The following apply to regional districts in relation to their services:

section 363 [fees and charges];

section 364 [special fees and charges that are liens against property];

section 376 [fees and charges that may be collected as taxes].

(2) For the purposes of this,

section 376 (3) applies to all amounts deemed to be taxes in arrear.

Referendums regarding services

797.3

(1) A board may, by bylaw, provide for a referendum in the whole or a part of one or more municipalities or electoral areas to obtain the opinion of the electors on a question regarding a service that is or that may be operated by the regional district.

(2) Section 801.2 [approval of the electors by voting] applies to a referendum under this

section as if the areas in which the referendum is to be conducted were proposed participating areas.

Petition for services

797.4

(1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area.

(2) A petition referred to in subsection (1) must

(

a) describe in general terms the service that is proposed,

(

b) define the boundaries of the proposed service area,

(

c) indicate in general terms the proposed method for recovering annual costs, and

(

d) contain other information that the board may require.

(3) Section 632 [sufficiency of petition] applies to a petition under subsection (1).

(4) To be a sufficient petition for the purposes of

section 632 (1), a petition

(

a) must be signed by at least 2/3 of the owners of parcels liable to be charged for the proposed service, and

(

b) must be signed by a sufficient number of owners of parcels liable to be charged for the proposed service that the total value of their parcels represents at least 1/2 of the net taxable value of all land and improvements within the proposed service area.

General powers equivalent to municipalities

798 The following provisions apply to regional districts:

section 247 [incidental powers];

section 248 [further powers in relation to municipal assets];

section 249 [further powers for public good];

section 302 [power to reserve land for public purpose];

section 303 [power to dedicate land for public purpose];

section 305 [effect of reservation and dedication];

section 305.1 [control of Crown land parks dedicated by subdivision];

section 305.2 [exchange of dedicated land];

section 309 [expropriation power];

section 309.1 [authority in relation to services];

section 311 [entry on land to mitigate damage];

section 312 [compensation for non-expropriation actions];

section 313 [funding for expropriation and mitigation];

section 314 [power to accept property on trust] .

Emergency powers

798.1 If the powers conferred on a board are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act , the board may, by bylaw adopted by at least 2/3 of the votes cast, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.

Additional powers and exceptions

(1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified regional district or a described class of regional districts:

(

a) grant a power to the regional district or class, including powers conferred on a municipality by this or another enactment;

(

b) provide an exception to or a modification of a requirement established by an enactment;

(

i) the grant of a power under paragraph (

a) or the exercise of it, or

(ii) an exception or modification under paragraph (

b) or the taking of its benefit.

(2) Section 251 (2) [restrictions on additional powers and exceptions that may be granted to municipalities] applies for the purposes of subsection (1).

(3) In addition to the restrictions under

section 251 (2), a regulation under this

section must not

(

a) confer an authority otherwise available to a regional district, including any power that may be exercised under

section 798.1 [emergency powers], or

(

b) do any other thing prohibited by regulation under subsection (4).

(4) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.

Division 4.1 – Establishing Bylaws

Establishing bylaws required for most services

(1) In order to operate a service, the board must first adopt an establishing bylaw for the service in accordance with this Division.

(2) As an exception, a bylaw under this

section is not required to establish the following:

(

a) general administration, other than electoral area administration;

(

b) electoral area administration;

(

c) undertaking feasibility studies in relation to proposed services;

(

d) a service under

section 4 (1) of the Hospital District Act ;

(

e) undertaking a referendum under

section 797.3 [referendums regarding services];

(

f) a service for which authority is expressly provided by another Part of this Act, other than a regulatory service;

(

g) a local community commission under

section 838;

(

h) the giving of grants to an applicant for a business promotion scheme under

section 651.2 [mountain resort business improvement areas];

(

i) if the regional district board is authorized to appoint an approving officer under

section 77.1 of the Land Title Act , services related to the approving officer.

Required content for establishing bylaws

800.1

(1) An establishing bylaw for a service must do the following:

(

a) describe the service;

(

b) define the boundaries of the service area;

(

c) identify all municipalities and electoral areas that include participating areas for the service;

(

d) indicate the method of cost recovery for the service, in accordance with

section 803 [options for cost recovery];

(

e) set the maximum amount that may be requisitioned for the service, by

(

i) specifying a maximum amount,

(ii) specifying a property value tax rate that, when applied to the net taxable value of land and improvements in the service area, will yield the maximum amount, or

(iii) specifying both a maximum amount and a property value tax rate as referred to in paragraphs (

a) and (b), s ubparagraphs (

i) and (ii), in which case the maximum amount is whichever is greater at the applicable time.

(2) As an exception, the requirement of subsection (1) (

e) does not apply to an establishing bylaw for the following:

(

a) a regulatory service;

(

b) coordination, research and analytical services relating to the development of the regional district;

(

c) social planning services;

(

d) the promotion of economic development;

(

e) programs in preparation for emergencies;

(

f) emergency communication systems;

(

g) regional parks;

(

h) services related to heritage conservation;

(

i) participation in a regional library district under

Part 3 of the Library Act .

(3) If an establishing bylaw covers more than one service, it must separately indicate the matters under subsection (1) for each service.

Special options for establishing bylaws

800.2

(1) An establishing bylaw for a service may do one or more of the following:

(

a) set out the method of apportionment of costs among the participating areas, if this is to be different from the method established by

section 804 (2) (a) [general apportionment rule];

(

b) in relation to resolutions and bylaws respecting the administration and operation of the service, establish the method for determining the number of votes to which a director is entitled if this is to be different from that otherwise established under

section 791 (4) (b) [number of votes per director in respect of administration and operation of services];

(

c) if the administration and operation of the service is to be delegated to a body established by the board, provide for appointments to the body and establish voting rules for the body in relation to the service;

(

e) include any other provisions respecting the establishment and operation of the service that the board considers appropriate.

(2) As a limit on subsection (1) (b), each director for a participating area must be entitled to at least one vote.

(3) If a proposed establishing bylaw includes provisions referred to in subsection (1) (d), in addition to the approval of the electors required under

section 801 [approval of establishing bylaws], each participant must consent to the provisions before the bylaw is submitted for approval of the electors.

(4) As an exception to subsection (1) (a), if a board chooses to adopt an establishing bylaw for a service referred to in

section 800 (2) (

a) to (d) [general administration, electoral area administration, feasibility studies and regional hospital district], the establishing bylaw may not set out a method of cost apportionment different from that established by

section 804 (2) (a) [general apportionment rule] .

Approval of establishing bylaws

(1) An establishing bylaw has no effect unless, before its adoption, it receives

(

a) the approval of the inspector, and

(

b) the approval of the electors in the participating areas for the service.

(2) Approval of the electors required by this

section means whichever of the following is applicable:

(

a) approval of the electors given separately for each participating area in the proposed service area;

(

b) if the board passes an authorizing resolution by at least 2/3 of the votes cast, approval of the electors in the entire proposed service area.

(3) Approval of the electors required by this

section may be given by

(

a) assent of the electors in accordance with

section 801.2 [approval by voting],

(

b) if applicable, approval of the electors by counter petition opportunity in accordance with

section 801.3 [approval by counter petition], or

(

c) if applicable, consent given on behalf of the electors in accordance with

section 801.4 [consent on behalf of municipal electors] or 801.5 [consent on behalf of electoral area electors] .

Responsibility for obtaining approval

801.1

(1) If approval of the electors is to be obtained for the entire service area,

(

a) the board may choose the method,

(

b) in the case of approval by counter petition opportunity, the board is responsible for obtaining the approval, and

(

c) in the case of approval by assent of the electors, at the option of the board,

(

i) the board is responsible for conducting the voting throughout the proposed service area, or

(ii) the board and councils are responsible for conducting the voting in the same manner as under subsection (2), with the results of the voting in these areas added together.

(2) If approval of the electors is to be obtained separately for each participating area,

(

a) subject to subsection (3), for a municipal participating area, the council may choose the method and is responsible for obtaining the approval, and

(

b) for an electoral participating area, the board may choose the method and is responsible for obtaining the approval.

(3) If, within 30 days after third reading of the establishing bylaw, a council

(

a) has notified the regional district that it is refusing to seek approval of the electors, or

(

b) fails to give any notice to the regional district with respect to how approval is to be obtained,

the board may pass a resolution under

section 801 (2) (b) [approval of establishing bylaws

– entire area] to have approval obtained for the entire service area in accordance with subsection (1) of this section.

(4) Despite

section 40 (1) [costs of elections], if a council is authorized to give consent on behalf of the electors in accordance with

section 801.4 [consent on behalf of municipal electors] but does not exercise this authority, the municipality is responsible for the costs of obtaining the approval of the electors in the participating area.

Approval of the electors by voting

801.2

(1) Approval of the electors under this

section is obtained, through assent of the electors under

Part 4 [Other Voting], if

(

a) in the case of approval under

section 801 (2) (a) [each participating area separately], for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw, or

(

b) in the case of approval under

section 801 (2) (b) [entire service area], a majority of votes counted as valid is in favour of the bylaw.

(2) In the case of approval under

section 801 (2) (b) [entire service area], for the purposes of determining who is entitled to vote under

section 161, the voting area is deemed to be all the proposed participating areas.

Approval of electors by counter petition opportunity

801.3

(1) Approval of the electors under

section 801 (2) (a) [each participating area separately] or 801 (2) (b) [entire service area] may be obtained under Division 5 of

Part 4 [Other Voting

– Counter Petition Opportunities] if

(

a) the maximum amount that may be requisitioned for the service is the amount equivalent to 50¢ for each $1 000 of net taxable value of land and improvements included in the service area, or

(

b) the bylaw relates to a service for

(

i) the collection, conveyance, treatment or disposal of sewage,

(ii) the supply, treatment, conveyance, storage or distribution of water, or

(iii) the collection, removal or disposal of solid waste or recyclable material.

(2) In addition to the information required by

section 172.4, the notice of a counter petition opportunity under subsection (1) must include

(

a) a copy of the bylaw, or

(

b) a synopsis of the bylaw that includes

(

i) in general terms, the intent of the bylaw,

(ii) the proposed service area, and

(iii) the place where and dates and times when copies of the bylaw may be inspected.

Consent on behalf of municipal electors

801.4

(1) For a proposed municipal participating area that is all of a municipality, approval of the electors under

section 801 (2) (a) [each participating area separately] may be given under this section.

(2) Approval is given under this

section by the council

(

a) consenting on behalf of the electors to adoption of the proposed bylaw, and

(

b) notifying the board of its consent.

Consent on behalf of electoral area electors

801.5

(1) For a proposed electoral participating area, the board may authorize approval under

section 801 (2) (a) [each participating area separately] to be given under this

section

(

a) if the board receives a petition sufficient petition under

section 797.4 [petition for services], or

(

b) in the case of an establishing bylaw for a service referred to in

section 800.1 (2) [no requisition limit required], if

(

i) the participating area includes all of the electoral area, and

(ii) the service can be established without borrowing.

(2) Consent under this

section is given on behalf of the electors in the proposed participating area by the electoral area director consenting in writing to adoption of the bylaw.

(3) If approval under this

section is authorized under subsection (1) but the director refuses to give the consent referred to in subsection (2), the board may, by a resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the proposed participating area.

(4) A director whose consent is dispensed with under subsection (3) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order

(

a) that the consent of the board under subsection (3) stands,

(

b) that the approval be obtained under

section 801.2 [approval by voting], or

(

c) that the approval be obtained under

section 801.3 [approval by counter petition opportunity] .

Other procedural rules

801.6

(1) If a board proposes to borrow money for the start of a service, the establishing bylaw and the loan authorization bylaw must, for the purposes of obtaining approval of the electors under this Division, be dealt with as if they were one bylaw.

(2) The regional district officer assigned responsibility under

section 198 [corporate administration] must file a copy of each establishing bylaw with the inspector after it has been adopted.

Amendment or repeal of establishing bylaws

(1) Subject to an order under subsection (4) or (5), an establishing bylaw may be amended or repealed, at the option of the board,

(

a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or

(

b) with the consent of at least 2/3 of the participants.

(2) Sections 801.4 (2) [consent on behalf of municipal electors] and 801.5 (2) to (4) [consent on behalf of electoral area electors] apply to consent under subsection (1) (

b) of this section.

(3) A bylaw amending or repealing an establishing bylaw has no effect unless it is approved by the inspector.

(4) The minister may order that a bylaw amending or repealing an establishing bylaw may only be adopted in accordance with the requirements applicable to the adoption of the bylaw that it repeals or amends.

(5) In addition to the requirement under subsection (1) or (4), as applicable, the minister may order that, before the bylaw is adopted, it must receive the approval of the electors

(

a) in one or more specified participating areas, or in specified parts of one or more participating areas, or

(

b) in the entire service area,

obtained in accordance with

section 801.2 [approval by voting] or 801.3 [approval by counter petition], as specified by the minister.

(6) Section 159 (3) [minister may waive requirement for assent] does not apply to a bylaw amending or repealing an establishing bylaw.

(7) The regional district officer assigned responsibility under

section 198 [corporate administration] must file a bylaw amending or repealing an establishing bylaw with the inspector after it has been adopted.

Changes to participating and service areas

802.1

(1) A bylaw amending an establishing bylaw may provide for changes to the boundaries of a service area, including merging 2 or more service areas.

(2) If a bylaw amending an establishing bylaw extends an existing service to a new participating area, the proposed participating area must be included as a participating area and the participant for the proposed participating area must be included as a participant for the purposes of

section 802.

Amending bylaws that are needed for authority to borrow

802.2

(1) Subject to subsection (2), if

(

a) a bylaw amending an establishing bylaw, or

(

b) a conversion bylaw under

section 774.2 (3)

is required in order to borrow money for a service, the amending or conversion bylaw and the loan authorization bylaw may, for the purposes of obtaining approval of the electors under sections 801 to 801.5, be dealt with as if they were one bylaw.

(2) The minister may order that approval of the electors to an amending or conversion bylaw referred to in subsection (1) must be obtained separately from the approval of the loan authorization bylaw.

Special provisions respecting service withdrawal

Division 4.2 – Cost Recovery for Services

Options for cost recovery

(1) A regional district may recover the costs of its services by one or more of the following:

(

a) property value taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];

(

b) subject to subsection (2), parcel taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];

(

c) fees and charges imposed under

section 797.2 [general authority in relation to fees];

(

d) revenues raised by other means authorized under this or another Act;

(

e) revenues received by way of agreement, enterprise, gift, grant or otherwise.

(2) Parcel taxes may not be used to recover all or part of the costs of a regulatory service.

(3) In the case of a service for which an establishing bylaw is required, if all or part of the costs are to be recovered by one or more of the methods referred to in subsection (1) (

a) to (c), the establishing bylaw must indicate which methods are to be used.

Costs of services

803.1

(1) All costs incurred by a regional district in relation to a service, including costs of administration attributable to the service, are part of the costs of that service.

(2) Subject to subsection (3), the amount required by a board

(

a) for a payment authorized under

section 287.2 [indemnification against proceedings],

(

b) to satisfy a judgment or other order of a court against the regional district, or

(

c) to satisfy an award or other order of an arbitrator against the regional district

is deemed to be costs of the service out of which the action arose.

(3) If the legal action or other proceeding arose from the negligence of the board, the amount is deemed to be costs of the general administration service referred to in

section 800 (2) (a).

(4) If a regional district undertakes a service after conducting a feasibility study in respect of the service, the costs of that study are deemed to be costs of that service.

(5) If a referendum under

section 797.3 [referendums regarding services] is limited to all or part of the service area for an existing service, the costs of the referendum are deemed to be costs of the service.

(6) For the purposes of apportionment under this Division and requisition under Division 4.3 [Requisition and Tax Collection], the costs of providing a service are deemed to be the costs that are to be recovered by means of property value taxes or parcel taxes.

Apportionment of costs

(1) If the establishing bylaw sets the method for apportioning the costs of providing a service, those costs must be apportioned among the participating areas in accordance with the bylaw.

(2) If the method of apportionment is not set by establishing bylaw, the costs of providing a service must be apportioned on the basis of the converted value of land and improvements in the service area as follows:

(

a) if there is an establishing bylaw but it does not set out the method of apportionment, among the participating areas for the service;

(

b) if there is no establishing bylaw and the method of apportionment is not otherwise set by or under this or another Act, among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;

(

c) in the case of electoral area administration,

(

i) subject to subparagraph (ii), among all the electoral areas, with the service area deemed to be all the electoral areas, and

(ii) if the board provides that some or all of the costs are to be apportioned among the electoral areas that the board considers benefit from the administration, those costs must be apportioned among those electoral areas, with the service area deemed to be all those electoral areas;

(

d) in the case of feasibility studies in relation to proposed services, if no service is established and the board provides that the costs are to be apportioned among the electoral areas, among all the electoral areas, with the service area deemed to be all those electoral areas;

(

e) in the case of services related to an approving officer, if the board is authorized to appoint the approving officer under

section 77.1 of the Land Title Act , among all the electoral areas, with the service area deemed to be all those electoral areas;

(

f) in the case of a service that is in relation to a regional growth strategy for an area that is less than the entire regional district, among the areas for which the regional growth strategy is initiated or adopted, with the service area being all those areas;

(

g) in the case of assistance under

section 176 (1) (c) [corporate powers

– assistance], other than assistance under a partnering agreement referred to in

section 183, at the option of the board,

(

i) in accordance with paragraph (b), or

(ii) among the municipalities or electoral areas benefiting from the assistance, with the service area deemed to be all those areas;

(

h) in the case of a referendum under

section 797.3 [referendums regarding services] that is not limited to all or part of the service area for an existing service, among the municipalities and electoral areas in which the referendum is held, with the service area deemed to be all those areas;

(

i) in the case of a local community commission under

section 838, entirely from the local community, with the service area deemed to be that local community;

(

j) in the case of a mountain resort business improvement area under

section 651.2, entirely from that area, with the service area deemed to be the mountain resort business improvement area;

(

k) in the case of services under

Part 26, in accordance with

section 804.1 [cost sharing for

Part 26 services] .

Cost sharing for

Part 26 services

804.1

(1) The costs of services under

Part 26 [Planning and Land Use Management] must be apportioned on the basis of the converted value of land and improvements in the service area as follows:

(

a) if no municipality has entered into an agreement under subsection (2) or opted out under subsection (3), among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;

(

b) subject to paragraphs (

c) and (d), if one or more municipalities have opted out under subsection (3) and are no longer participants, among the electoral areas and any municipalities that have not opted out, with the service area deemed to be those areas;

(

c) if one or more municipalities have entered into an agreement under subsection (2) to share only some of the costs, those costs are to be recovered in accordance with the agreements and the remaining costs are to be apportioned among the other participants;

(

d) if a municipality is liable for costs under subsection (6) or (7), those costs are to be recovered from the municipality and the remaining costs are to be apportioned among the other participants.

(3) Subject to subsection (4), a municipality may opt out of participation in services under

Part 26 by giving notice to the board, before August 31 in any year, that until further notice it will no longer share the costs of services under

Part 26.

(4) A municipality that is a party to an agreement under subsection (2) may give notice under subsection (3) only in the last year of the term of the agreement.

(5) After notice is given under subsection (3), the municipality ceases to be a participant in the services, effective at the start of the following year.

(6) As an exception to subsection (5), if a municipality that is not a party to an agreement under subsection (2) gives notice under subsection (3) after a board has passed a resolution authorizing the preparation of an official community plan or bylaw under

Part 26, the municipality continues as a participant and must share the costs in that preparation until the earlier of the following:

(

a) the date the plan or bylaw is adopted;

(b) 2 years after the date the resolution is passed.

(7) Subsection (6) also applies to a municipality that is a party to an agreement under subsection (2) if the official community plan or bylaw is in relation to the

Part 26 services for which the municipality shares costs under the agreement.

Valuation information and apportionment adjustments

804.2

(1) As soon as practicable after the relevant information is available, the assessment commissioner must provide to the designated regional district officer and to the inspector

(

a) the net taxable value of land and improvements, and

(

b) the converted value of land and improvements

in each municipality, electoral area and participating area.

(2) If adjustments are made under the Assessment Act to the values referred to in subsection (1), the assessment commissioner must provide particulars to the designated regional district officer and to the inspector.

(3) If, in respect of a year,

(

a) adjustments referred to in subsection (2) are made, and

(

b) the share of the cost of all the services of the regional district that was apportioned to and borne by a municipality or an electoral area in that year would, had those adjustments been taken into account, have increased or decreased by more than $1 000,

the share of the cost apportioned to and borne by the municipalities and electoral areas must be adjusted in a manner directed by the minister in the next requisition after the adjustment.

Tax base for property value taxes

804.3

(1) In the case of a participating area for a service for which no establishing bylaw is required, property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.

(2) In the case of a municipal participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:

(

a) the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes;

(

b) the assessed value of land in the participating area, other than land exempt from taxation for municipal purposes;

(

c) the assessed value of improvements in the participating area, other than improvements exempt from taxation for municipal purposes;

(

d) the net taxable value of land and improvements in the participating area;

(

e) the net taxable value of land in the participating area;

(

f) the net taxable value of improvements in the participating area.

(3) As an exception to subsection (2), for a municipal participating area that is all or part of the City of Vancouver, property value taxes may be imposed on the basis set out in the establishing bylaw for the service.

(4) If a board fails to exercise its authority under subsection (2) or (3), property value taxes must be imposed on the basis of the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes.

(5) In the case of an electoral participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:

(

a) the net taxable value of land and improvements in the participating area;

(

b) the net taxable value of land in the participating area;

(

c) the net taxable value of improvements in the participating area.

(6) If a board fails to exercise its authority under subsection (5), property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.

Division 4.3 – Requisition and Tax Collection

Requisition of funds from municipalities

(1) On or before April 10 in each year, the designated regional district officer must send to each municipality a requisition in respect of each service stating the amount required from the municipality for the service during the year.

(2) An amount requisitioned under this

section is a debt due by the municipality to the regional district, and the council must pay it to the board on or before August 1 of the current year.

Collection in municipalities

805.1

(1) If a requisition is delivered to a municipality, the amount requisitioned must be collected by the municipality as follows:

(

a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax in accordance with Division 1 of

Part 10.1 using the tax base authorized under

section 804.3 [tax base for property value taxes];

(

b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax in accordance with Division 2 of

Part 10.1.

(2) Part 10.1 [Taxes, Fees and Charges] applies for the purposes of taxation under this section.

(3) If a participating area is only part of a municipality, taxes under this

section in respect of the service may only be imposed in the municipal participating area for the service.

Requisition of funds for electoral areas

(1) On or before April 10 in each year, the designated regional district officer must send to the inspector a requisition in respect of each service stating the amount required during the year in respect of each electoral participating area.

(2) The inspector

(

a) must consider whether the amounts requisitioned are budgeted,

(

b) if satisfied that an amount has not been budgeted, or has been budgeted for a purpose not within the powers of the board, may deduct that amount from the appropriate requisition, and

(

c) must send the examined requisitions to the Minister of Finance and Corporate Relations.

(3) The amounts requisitioned under this

section may be paid by the Minister of Finance and Corporate Relations from the consolidated revenue fund.

Collection in electoral areas

806.1

(1) If a requisition is delivered to the Minister of Finance and Corporate Relations, the amount requisitioned must be collected by the Provincial government as follows:

(

a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax within the electoral participating areas in accordance with the Taxation (Rural Area) Act , having due regard to the tax base authorized under

section 804.3 [tax base for property value taxes];

(

b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the electoral participating areas, on the basis of the assessment roll under subsection (2).

(2) If a parcel tax is to be imposed under this section,

(

a) the board must, by bylaw, provide for the preparation of an assessment roll for each parcel of land in the service area, and for these purposes Division 2 of

Part 10.1 [Taxes, Fees and Charges

– Parcel Taxes] applies,

(

b) the authenticated assessment roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and

(

c) the authenticated assessment roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act .

(3) The Minister of Finance and Corporate Relations may direct that an amount to cover the costs and outlays of assessment and collection is to be added to and included as part of an amount to be levied and collected under this section.

(4) An amount to be recovered under this

section must be imposed by the Provincial government as if it were a tax under the Taxation (Rural Area) Act , and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes imposed under this section.

Amounts to be paid over to regional district

(1) On or before February 1 in each year, the amount received by a municipality, or by the Surveyor of Taxes for an electoral area, by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Grants Act, 1980 (Canada) in the immediately preceding year must be paid to the board.

(2) The amount received by a municipality by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Aid Act or from a Crown corporation or agency must be paid to the board promptly after receipt.

(3) An amount paid under subsection (1) or (2) must be applied proportionately to the accounts for the services in respect of which the grant is paid.

Division 4.4 – Tax Rates and Exemptions

Variable tax rate system

(1) In this section, "variable tax rate system" means a system under this

section by which individual tax rates for a specific taxation year are determined and imposed for each property class to which the system applies.

(2) Despite

section 806.1 [collection in electoral areas] but subject to the regulations under this section, a board may, by bylaw, establish an annual variable tax rate system for a specified taxation year.

(3) A variable tax rate system

(

a) may only apply to tax rates for one or more of regional district services,

(

b) may only vary tax rates for property classes 2, 4 and 5, and

(

c) must not result in the ratios between the tax rate for a property class referred to in paragraph (

b) and the tax rate for property class 1 exceeding either

(

i) the applicable ratio prescribed under subsection (6), if any, or

(ii) the applicable ratio under

section 20 (2) of the Taxation (Rural Area) Act .

(4) For each service subject to a variable tax rate system, the bylaw must set out the ratio between the tax rate for each property class subject to the system and the tax rate for property class 1.

(5) A bylaw under subsection (2) must be approved by the inspector and, for this purpose, must be submitted to the inspector by January 31 in the taxation year for which it is to apply.

(6) Subject to subsection (8), the Lieutenant Governor in Council may make regulations respecting variable tax rate systems, including regulations doing one or more of the following:

(

a) prescribing limits on tax rates;

(

b) prescribing ratios between the tax rate for a property class and the tax rate for property class 1;

(

c) prescribing formulas for calculating the limits or ratios referred to in paragraph (

a) or (b).

(7) Regulations under subsection (6) may prescribe different tax limits, ratios or formulas in relation to one or more of the following:

(

a) different property classes;

(

b) different regional districts;

(

c) different services;

(

d) different service areas;

(

e) different types of participating areas.

(8) A regulation under subsection (6) may not prescribe a ratio for the purposes of subsection (3) (

c) that would exceed the applicable ratio established under

section 20 (2) of the Taxation (Rural Area) Act .

Property tax exemptions

(1) Land and improvements owned or held by a regional district are exempt from taxation when used for its own purposes, but otherwise are subject to taxation, as applicable,

(

a) under

section 357 as if the property were owned by a municipality, or

(

b) under

section 18 (4) of the Taxation (Rural Area) Act as if the property belonged to the Crown.

(2) Despite subsection (1), the owner of land or improvements, or both, leased or rented to the regional district is liable for the payment of taxes that would otherwise be imposed with respect to that property under any Act.

(3) On or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, exempt the property described in subsection (4) from taxation under this Part for

(

a) the next calendar year, or

(

b) with the assent of the electors, a specified period not longer than 10 years.

(4) The following property that is in an electoral area may be exempted from taxation under subsection (3):

(

a) land or improvements, or both, owned or held by, or held in trust by the owner for, an athletic or service organization and used principally for public athletic or recreation purposes;

(

b) land or improvements, or both, used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall that the board considers necessary to the church;

(

c) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a board of school trustees;

(

d) land that is owned and used exclusively by an agricultural or horticultural society and that is in excess of the area exemption under

section 15 (1) (

j) of the Taxation (Rural Area) Act ;

(

e) an interest held by a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees;

(

f) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a francophone education authority.

(5) An exemption under subsection (3) may be limited to a specified portion of the net taxable value of the property to which the exemption applies.

(6) If, because of a