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O.C. 124/90

January 19, 1990

Municipalities Enabling and Validating Act

Okanagan-Kootenay Sterile Insect Release Service Regulation

[Last amended May 24, 2022 by B.C. Reg. 122/2022]

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Interpretation

In this regulation:

annual costs means the annual operating and debt servicing costs of providing a sterile insect release service minus any grants or donations received towards those costs;

converted value of land and improvements means the net taxable value of land and improvements for regional hospital district purposes multiplied by the percentage set out for the land and improvements in the Converted Value Percentages Regulation;

planted acreage means the number of acres of land planted with apple or pear trees.

[am. B.C. Reg. 122/2022, s. 1.]

Cost recovery — parcel tax

The participating regional districts for a sterile insect release service under

section 283 (2) of the Municipalities Enabling and Validating Act may recover a portion of the annual costs of the service by means of a parcel tax.

Subject to subsection (3), a parcel tax under subsection (1) may vary according to

the area of the parcel, and

the quantity of apple and pear trees growing on the parcel.

A variation under subsection (2) shall be the same in all participating regional districts.

Sections 484 to 488 of the Municipal Act apply to a parcel tax imposed under this section.

Cost recovery — property value tax

The portion of the annual costs of a sterile insect release service that is not recovered by a parcel tax under

section 2 shall be recovered by a property value tax under

section 805 of the Municipal Act levied on land only.

Apportionment

The annual costs of a sterile insect release service that are recovered by a parcel tax under

section 2 shall be apportioned among the participating regional districts on the basis of the amount recovered within each regional district by the parcel tax.

The annual costs of a sterile insect release service that are recovered by a property value tax under

section 3 shall be apportioned among the participating regional districts in accordance with the following formula:

regional district share =

converted value total converted value

× 75%

planted acreage total planted acreage

× 25%

where

converted value

the converted value of land and improvements, in the previous calendar year, in all areas of the regional district that participate in the sterile insect release service;

planted acreage

the planted acreage, in the previous calendar year, in all areas of the regional district that participate in the sterile insect release service;

total converted value

the total of the converted values of land and improvements, in the previous calendar year, in all of the participating areas of all of the participating regional districts;

total planted acreage

the total of the planted acreages, in the previous calendar year, in all of the participating areas of all of the participating regional districts.

[am. B.C. Reg. 122/2022, s. 2.]

Clearing of insects by property owners

Owners and occupiers of real property shall clear their property of destructive insect pests and shall prevent the infestation of their property by destructive insect pests.

Entry onto property by board for clearing of insects

Where the owner or occupier of real property has failed to comply with the requirement under

section 5 for clearing or preventing infestation, the Okanagan-Kootenay Sterile Insect Release Board may, by its employees or other persons, enter on real property at reasonable times and in a reasonable manner to effect the clearing or prevention, at the expense of the person who has failed to comply, by any means considered advisable by the board including the application of insecticides and other chemicals and the removal and destruction of plants which are or which are likely to be subject to infestation by destructive insect pests.

Entry onto property by board for sterile insect release

The Okanagan-Kootenay Sterile Insect Release Board may, by its employees or other persons, enter on real property at reasonable times and in a reasonable manner to effect the release of sterile insects.

Authority to enter into funding agreements

The Okanagan-Kootenay Sterile Insect Release Board may enter into agreements to obtain funding to operate a sterile insect release service.

[en. B.C. Reg. 469/95.]

Compliance grants

The authority to make expenditures for a sterile insect release service includes the authority to make grants to property owners and growers who have complied with the requirements of the service program specified by the Okanagan-Kootenay Sterile Insect Release Board.

[en. B.C. Reg. 469/95.]

[Provisions relevant to the enactment of this regulation: Municipalities Enabling and Validating Act , R.S.B.C. 1960, c. 261, s. 283 (8).]