July 30, 1998

1527898742/98030/tlc98030_f

E4tlc98030

Definitions and

interpretation

In this Act:

2007 screening panel means the individuals who contracted with the government to participate, in 2007, as active members of a screening panel described in the contracts;

ancillary works means any works or undertakings ancillary to all or a part of a rail transportation system or busway, and, without limiting this, includes

links to private or public transportation services, including stops, stands, lanes, loops and parking for buses and taxis,

parking facilities,

areas in stations for the provision of services and amenities to passengers,

employee facilities,

walkways, overpasses and other means of ingress to and egress from the stations and vehicles,

undertakings for the relocation, enhancement and upgrading of utility services and related poles, wires, pipes and apparatus,

adjacent roadway enhancements, and

operating facilities and facilities for storage, maintenance and repair of vehicles, parts, signage and related items;

annual report , in relation to the authority, means the report required under

section 7 (3) (a);

articles means the rules established under

section 190 (3) (f), and includes

provisions, reflecting the recommendations made under

section 176 (3) (

a) or the amendments made under

section 185 (2.3), respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid,

a skills and experience profile, within the meaning of

section 185 (1) (a), setting out the skills and experience that must be represented on the board, and

any other provisions that under this Act must or may be added to the articles;

assessment roll has the same meaning as in the Assessment Act ;

authority means the South Coast British Columbia Transportation Authority continued under

section 2;

authority's website means the website established under

section 13.2 (1);

BC Transit means British Columbia Transit continued under the British Columbia Transit Act ;

billing organization means an organization with which the authority or a subsidiary has entered into an agreement described in

section 29.1 (4) (e);

board means the authority's board of directors referred to in

Part 8;

busway means the whole or any portion of a highway, at, above or below grade,

that is for the exclusive use of

buses operated by or on behalf of the authority or a subsidiary, and

any other motor vehicle or device prescribed by the minister, and

in respect of which signs or markings, prescribed by the minister, indicate that the highway or portion of it is reserved for the exclusive use of buses or other prescribed motor vehicles and devices,

and includes the busway's ancillary works;

commercial passenger vehicle has the same meaning as in the Passenger Transportation Act ;

commissioner means the Regional Transportation Commissioner appointed under

section 215 (1) or 216 (4) or (5) of the Act before the repeal of those sections;

construction includes the original construction of a new highway and also the work of reconstructing or putting a highway or any

section in repair by general and continuous regrading or remetalling of its surface, or by building, rebuilding or enlarging bridges, or by executing other highway work of improvement or protection classified by the minister as substantial;

Coquitlam Line rapid transit project and C Line mean a rail transportation system connecting a location in the general vicinity of the Lougheed Town Centre Skytrain Station in the City of Burnaby

to a location in the general vicinity of the intersection of Pinetree Way and Guildford Way in the City of Coquitlam, or

to a location in the general vicinity of the intersection of Lougheed Highway and Barnet Highway in the City of Coquitlam,

as determined by the authority;

custom transit services means transportation services provided in the transportation service region for persons with special needs;

deputy commissioner means the deputy commissioner appointed under

section 215 (1) of the Act before the repeal of that section;

designated employees means

all employees of BC Transit whose work responsibilities relate primarily to BC Transit's activities in the transportation service region,

all employees of the government whose work responsibilities relate to the operation of the Albion ferries, and

all employees of the government, the Insurance Corporation of British Columbia or the Metro Vancouver Regional District who have been identified by name, classification or other description in an order of the Lieutenant Governor in Council made on the recommendation of the authority;

designated project means the Fraser River Crossing project;

designated tolls means toll charges, or other charges in relation to the tolls or the collection of tolls, authorized under

section 29.1 (2);

development cost charge means a charge imposed by a development cost charge bylaw;

development cost charge bylaw means a bylaw under

section 34.21;

Electoral Area A Director means the Director representing Electoral Area A on the Regional Board of the Metro Vancouver Regional District;

employee includes officer;

excessive toll debt means a toll debt of not less than the amount established by bylaw of the authority;

fare collection bylaw means the bylaw referred to in

section 245 (1);

first-time short term fare means the short term fare assessed for

a revenue transit service in relation to which no short term fare has been assessed, or

the ability of a class of persons to use a revenue transit service over a particular time-span if no short term fare has been assessed for that ability over such a time-span,

but does not include

a short term fare assessed for a new revenue transit service if

the new revenue transit service is similar in nature to an existing revenue transit service, and

the short term fare assessed for the new revenue transit service is identical to or less than the short term fare assessed for the existing revenue transit service referred to in subparagraph (i), or

a short term fare assessed for the ability of a class of persons to use a revenue transit service over a particular time-span if the short term fare assessed for the ability of that class of persons to use a revenue transit service over that time-span is identical to or less than an existing short term fare for the ability of another class of persons to use that revenue transit service over that time-span;

Fraser River Crossing project means a bridge crossing the Fraser River to the east of Barnston Island and a system of infrastructure, structures, crossings and highways connecting the bridge to the provincial highway system or municipal highways;

highway has the same meaning as in the Transportation Act ;

independent transit services means bus transportation services or rail transportation services that are provided in the transportation service region by a person or municipality other than the authority or its subsidiaries or contractors;

infraction means a breach of

section 244;

investment plan means the plan referred to in

section 194 (1.1);

investment plan preparation year means the fiscal year in which the investment plan is prepared;

long term strategy means the record prepared under

section 193;

maintenance means the work, after the construction of a highway, of preserving and keeping it in repair, including the making, cleaning and keeping open of ditches, gutters, drains, culverts and watercourses, and the repairing of retaining walls, cribs, river protection works and other works necessary to keep open and maintain the highway for use by the traffic for which it is required;

major crossing means a bridge or tunnel of at least 50 m in length that spans a body of water, and includes a system of infrastructure, structures, crossings and approaches connecting the bridge or tunnel to the provincial highway system or municipal highways;

major development proposal means a proposal for a development project that satisfies the criteria established under

section 4 (3);

major road means a highway in the transportation service region, other than a highway that is part of the provincial highway system, that falls within the guidelines established for a major road under

section 17;

major road network means those major roads and parts of major roads, and those private roads and parts of private roads, that are designated under

section 18 (2) (

a) and (5) as being part of the major road network;

mayors' council on regional transportation means the mayors' council on regional transportation established under

section 208;

motor vehicle , except in

Part 7.1 [Parking Rights Tax] , means a vehicle propelled other than by muscular power, but does not include

airplanes,

the cars of electric and steam railways, or

other vehicles running only on rails or tracks;

official community plan has the same meaning as in

section 426 of the Local Government Act ;

project toll charge means a toll charge assessed under

section 29 (1);

provincial highway system means all highways

that are located in the transportation service region but outside the municipalities, or

that are arterial highways within the meaning of the Transportation Act ;

qualified individual means an individual who

is not an employee or an officer of the authority or of any of its subsidiaries,

is not, and has never been, a commissioner or a deputy commissioner,

is not, and has never been, a member of a screening panel,

does not hold elected public office of any type, and

is not an employee of the government or of a municipality, regional district, trust council or greater board;

rail transportation system means a system using one or more fixed rails for the transportation of passengers and includes the system's ancillary works;

Rapid Transit Project means a rail transportation system connecting a location in the general vicinity of the intersection of Great Northern Way and Clark Drive in the City of Vancouver to a location in the general vicinity of the Lougheed Town Centre Skytrain Station in the City of Burnaby and connecting to a location in the general vicinity of the Columbia Skytrain Station in the City of New Westminster;

regional growth strategy means the regional growth strategy of the Metro Vancouver Regional District;

regional transportation system means a system, in the transportation service region, that

is for the transportation of passengers and goods by any means, except by independent transit services, and without limiting this, includes

ferries,

cycling path networks,

iii

custom transit services,

bus transportation systems,

rail transportation systems,

designated projects, and

vii

the major road network, and

is operated or intended to be operated by the authority or its subsidiaries or contractors;

replacement tax , in any fiscal year, means the tax assessed by the authority in that year under

section 25 (7.1);

residential dwelling unit means a detached house, cottage or other single family dwelling, a duplex, an apartment building, a strata lot, a townhouse, a rowhouse, a rest home or a nursing home, and includes that part of a multi-use building that is used for the purpose of single family dwellings, but does not include

a hotel,

a motel,

a lodge,

a resort,

a hospital,

any other institutional building, bunk house or camp building used on commercial or construction projects, or

those parts of any building that are used for any purpose other than residential;

revenue transit service means any transportation service

provided by, or under contract to, the authority or a subsidiary,

for the transportation of people by any means, including, without limitation,

ferries,

custom transit services,

iii

bus transportation systems, and

rail transportation systems, and

in relation to which a short term fare is or may be assessed;

Richmond-Airport-Vancouver rapid transit project and RAV mean a rail transportation system connecting

a location in the general vicinity of the intersection of No. 3 Road and Park Road in the City of Richmond,

a location in the general vicinity of the Domestic Air Terminal at the Vancouver International Airport, and

a location in the general vicinity of the intersection of Cordova and Granville Streets in the City of Vancouver;

screening panel means the individuals appointed under

section 172 (1) or (2), and, except where otherwise provided, includes the 2007 screening panel;

securities includes notes, bonds, debentures and other evidences of indebtedness;

short term fare means a user fee for a revenue transit service, but does not include

a fee charged for a pass that authorizes the holder, for a period of more than 3 days, to use one or more revenue transit services, or

a toll under

section 29 or 29.1;

standard property taxes , in any fiscal year, means all of the property taxes, other than the replacement tax, that the authority is authorized to assess under this Act in that fiscal year;

strategic plan means a strategic plan within the meaning of

section 206.1;

subsidiary means a subsidiary established or acquired by the board under

section 190 (3) (

g) to carry out a purpose or responsibility, or to exercise a power, of the authority, and includes British Columbia Rapid Transit Company Ltd. and West Coast Express Ltd.;

supplement means a supplemental plan within the meaning of

section 200 of the Act before the repeal of that section;

supplementary fare increase means an increase in the short term fare that may be assessed in any fiscal year for a revenue transit service if, after that increase, the short term fare for the revenue transit service will be greater than the targeted fare applicable to that revenue transit service in that fiscal year;

targeted fare , in relation to a revenue transit service in a fiscal year, means the short term fare assessed for that revenue transit service on April 1, 2008, increased, on the first day of each subsequent fiscal year to and including the first day of the year in question, by 2%, compounded annually;

ticketed amount means, in relation to an infraction for which a ticket is issued under

section 248, the aggregate of the following amounts:

the amount of the fine established in relation to the infraction by the fare collection bylaw;

any charges payable in conjunction with the fine amount;

any surcharges payable on or in relation to the fine amount;

any discounts on or in relation to the fine amount;

any interest payable on or in relation to any unpaid portion of the amounts referred to in paragraphs (

a) to (c);

toll debt means the portion of a designated toll that remains unpaid after the period established by bylaw of the authority for paying a designated toll has ended, and includes interest owing in relation to the unpaid portion of the designated toll;

toll device means a device that

may be installed or carried in or on, or attached to, a motor vehicle, and

allows electronic identification of the person who is to pay a designated toll, or the account from which a designated toll is to be paid, arising from the motor vehicle's use of a part of a designated project;

toll reader means equipment that detects toll devices;

transportation demand management means strategies and programs that are designed to influence the demand for and choice of transportation services by the public;

transportation service region means all municipalities and rural areas located in the Metro Vancouver Regional District, and includes any area added to the region under subsection (2);

transportation services includes the services and facilities necessary for the establishment, maintenance and operation of a transportation system;

treaty first nation means a treaty first nation that, under its final agreement, is participating in the authority.

Subject to subsection (3), the authority may enter into an agreement with a municipality, regional district or other entity that has jurisdiction over an area, to add that area to the transportation service region.

An agreement under subsection (2) does not come into effect until the agreement is

ratified by a resolution of the mayors' council on regional transportation,

ratified by the following resolution:

if the area to be added is within a municipality, a resolution of the council of the municipality;

if the area to be added is all or part of a rural area within a regional district, a resolution of the board of the regional district;

iii

in the case of any other area, a resolution of the entity having jurisdiction over the area, and

approved by an order of the Lieutenant Governor in Council.

An agreement under subsection (2) may provide for the phasing in of transportation services and revenue collection measures over a period of not more than 10 years.

For the purposes of applying this Act in relation to a treaty first nation,

a reference to "municipality" or "municipalities" in the

definitions of "independent transit service", "provincial highway system", "qualified individual" and "transportation service region" in subsection (1), in subsections (2) and (3) and in sections 4 (1) and (3), 5, 6 (2) (

g) to (j), 15, 18, 20 to 24, 31 (1.2), 34 (1) (b), in the definition of "collection entity" in

section 34.2, in the definition of "issuing entity" in

section 34.29, in sections 44, 46 (4) (

f) and 149 (1), in the definition of "eligible individual" in

section 170 and in

section 193 (5) must be read as including the treaty first nation or its treaty lands as the context requires,

the reference to "official community plans" in

section 4 (1) (

f) must be read as including land use plans or other documents of the treaty first nation having a similar purpose and effect as an official community plan,

a reference to "council" in subsection (3) (

b) of this

section and in

section 21 (4) (

b) must be read as including the governing body of the treaty first nation,

a reference to "bylaw" in sections 21 (4) and (5), 22 (2) and 24 (2) (

b) must be read as including a law of the treaty first nation,

the reference to "municipal bylaw" in

section 22 (5) must be read as including a law of the treaty first nation, and

a reference to "zoning bylaw" in

section 34.29 must be read as including a law of the treaty first nation.

[Repealed 2024-13-235.]

South Coast British Columbia Transportation Authority

Structure and Administration of Authority

Authority continued

The authority is continued under the name "South Coast British Columbia Transportation Authority", consisting of the directors referred to in

Part 8.

1.1

The Greater Vancouver Transportation Authority Police Service is continued under the name "South Coast British Columbia Transportation Authority Police Service" and the Greater Vancouver Transportation Authority Police Board is continued under the name "South Coast British Columbia Transportation Authority Police Board".

1.2

A reference to the Greater Vancouver Transportation Authority, the Greater Vancouver Transportation Authority Police Service or the Greater Vancouver Transportation Authority Police Board in any record, including, without limitation, in any security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate is deemed to be a reference to the South Coast British Columbia Transportation Authority, the South Coast British Columbia Transportation Authority Police Service or the South Coast British Columbia Transportation Authority Police Board respectively.

The Business Corporations Act does not apply to the authority, but, on request of the authority, the Lieutenant Governor in Council may order that one or more provisions of that Act apply to the authority.

The authority is not an agent of the government.

The authority may carry on business, and, without limiting this, may enter into contracts or other arrangements, adopt bylaws, pass resolutions, issue or execute any other record or sue or be sued under a name prescribed by regulation of the Lieutenant Governor in Council, and any contract, bylaw, resolution or other arrangement or record entered into, adopted, passed, issued or executed, as the case may be, and any suit brought, by the authority under the prescribed name is as valid and binding as it would be were it entered into, adopted, passed, issued, executed or brought by the authority under its own name.

Purpose of the authority

The purpose of the authority is to provide a regional transportation system that

moves people and goods, and

supports

the regional growth strategy,

provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives, and

iii

the economic development of the transportation service region.

Responsibilities of authority

Subject to this Act, the authority must do the following to carry out its purpose:

manage and operate the regional transportation system;

develop and implement transportation demand management strategies and programs;

[Repealed 2015-13-59.]

generate and manage funds necessary for its purpose;

acquire, construct and maintain any assets, facilities and other real or personal property required for the regional transportation system;

review, and advise the Metro Vancouver Regional District, the municipalities and the government regarding the implications to the regional transportation system of,

the regional growth strategy and any amendments to it,

official community plans applicable to any part of the transportation service region and any amendments to those plans, and

iii

major development proposals and provincial highway infrastructure plans in the transportation service region;

prepare and implement strategic, service, capital and operational plans for the regional transportation system;

from time to time, negotiate agreements with the government for contribution by the government to the funding of the capital costs of maintaining, improving or expanding the regional transportation system;

establish criteria by which a person's eligibility for custom transit services may be determined;

make copies of its bylaws available to the public at its offices for a reasonable fee it determines.

Despite subsection (1), the authority is not responsible for

construction, maintenance or regulation of any part of the provincial highway system or of any highway that is neither a major road nor part of a designated project,

the management, operation, construction or maintenance of the major road network, except

as specified in

Part 2, or

to the extent that the authority has responsibility under the strategic plan for the planning of the major road network, or

the planning, acquisition or construction of the Rapid Transit Project except as contemplated in

section 33.

For the purposes of subsection (1) (f), the authority must, with each municipality, establish the criteria that will be used in that municipality to determine whether a development proposal in that municipality is a major development proposal.

Approval of independent transit services

Despite any other enactment, but subject to subsection (1.1), no person or municipality may establish or operate or approve the establishment or operation of independent transit services in the transportation service region unless it does so

with the approval of the authority, and

1.1

Subsection (1) does not apply to the government or to a person that is a government corporation as defined in the Financial Administration Act and is designated by the minister for the purpose of this subsection.

The authority may give an approval under subsection (1) if the independent transit services will not reduce the effectiveness or financial viability of the regional transportation system.

The authority must not provide financial support for any independent transit services approved under subsection (1).

After consultation with a person or municipality that has been given approval under subsection (1), the authority may withdraw its approval.

Powers of the authority

The authority has the capacity, rights, powers and privileges of an individual of full capacity.

Without limiting subsection (1) and in order to carry out its purpose, the authority

subject to the Expropriation Act , may expropriate land within the meaning of that Act from a person or municipality,

a.1

may acquire land, other than by expropriation, that is not required for the current plans of the authority but that the authority reasonably believes will be required in the future

in support of the regional transportation system, or

to facilitate the development, construction or operation of the regional transportation system,

a.2

may hold, manage, develop and dispose of land,

as permitted in this Act, may raise revenues by means of

taxes,

levies,

iii

project toll charges,

user fees,

motor vehicle charges,

designated tolls, and

vii

development cost charges,

may make bylaws, and may recommend regulations, permitted under this Act and required for the regional transportation system,

may provide transportation services, and any other services it offers, to areas outside the transportation service region,

may appoint advisory committees to provide the authority with advice respecting its transportation services, and may reimburse the members of those committees for any reasonable travel and incidental expenses necessarily incurred by those members in the discharge of their duties,

may enter into an agreement with the government for the collection of taxes imposed under sections 4 (1) (

c) and (

d) and 10 (1) (

c) and (

d) of the Motor Fuel Tax Act ,

may exercise within a municipality in or through which a rail transportation system or busway is planned, acquired, constructed, maintained or operated, all the powers in relation to that rail transportation system or busway that a municipality authorized to lay out, construct and maintain highways may exercise in carrying out that authorization,

g.1

may exercise within a municipality in, to or from which a major crossing is planned, acquired, constructed, maintained or operated, all the powers in relation to that major crossing that a municipality authorized to lay out, construct and maintain highways may exercise in carrying out that authorization,

has, for the purposes of planning, acquiring, constructing, maintaining and operating a rail transportation system or busway on a highway in a municipality,

all the rights, powers and advantages conferred by any enactment on that municipality with respect to that highway, and

the right to enjoy and exercise any right of way, easement or licence owned, enjoyed or exercised by that municipality in connection with or for the purposes of the municipality's operation of that highway,

h.1

has, for the purposes of planning, acquiring, constructing, maintaining and operating a major crossing on or connecting to a highway in a municipality,

all the rights, powers and advantages conferred by any enactment on that municipality with respect to that highway, and

the right to enjoy and exercise any right of way, easement or licence owned, enjoyed or exercised by that municipality in connection with or for the purposes of the municipality's operation of that highway,

may exercise the rights, powers and advantages, and may enjoy and exercise the rights of way, easements or licences, referred to in paragraph (

h) in the same manner and to the same extent as the municipality referred to in that paragraph might have done if the highway had not become part of a rail transportation system or busway, and

may exercise the rights, powers and advantages, and may enjoy and exercise the rights of way, easements or licences, referred to in paragraph (h.1) in the same manner and to the same extent as the municipality referred to in that paragraph might have done if the highway had not become part of or connected to a major crossing.

Without limiting subsection (1) or (2), the authority, for the purposes of a designated project or major crossing, by bylaw, may

establish standards for the construction, maintenance and rehabilitation of highways or other infrastructure that form part of the designated project or major crossing,

establish standards for the management, operation and use of highways that form part of the designated project or major crossing, and

subject to the Motor Vehicle Act , regulate the use of highways that form part of the designated project or major crossing,

but may not do any of these things in relation to a highway that is also part of the provincial highway system.

Without limiting subsection (1) or (2), the authority may exercise its power under subsection (2) (

a) for the use and benefit of a subsidiary in carrying out the authority's purposes.

Without limiting subsection (1) or (2), having expropriated land under subsection (2) (a), the authority may

transfer an interest in the land to a subsidiary for the subsidiary's use and benefit in carrying out the authority's purposes in relation to a designated project, a major crossing, RAV or the C Line,

transfer an interest in the land to the Vancouver International Airport Authority for the authority's purposes in relation to RAV, and

do anything with the land that a person of full capacity could lawfully do with the land.

Subsection (2) (

a) does not apply in relation to treaty lands.

Financial administration

The authority must establish and maintain an accounting system in accordance with generally accepted accounting principles.

All records of account and other financial records respecting funds that the government has provided to the authority or to its subsidiaries must be open at all times for inspection by the Auditor General and the Comptroller General.

Within 90 days after the end of each fiscal year of the authority, the authority must

prepare, in accordance with

section 13.4, an annual report of the operations of the authority and its subsidiaries for the previous fiscal year,

prepare audited financial statements of the authority and its subsidiaries for the previous fiscal year, and

provide a copy of the annual report and a copy of the audited financial statements to the mayors' council on regional transportation.

The fiscal year end of the authority is December 31.

Without limiting any other provision of this Act, the Financial Information Act applies to the authority as if it were a corporation within the meaning of that Act.

The authority must adopt an annual budget on or before March 31 of the fiscal year to which the budget applies.

Each annual budget adopted under subsection (6) must

set out all of the revenues that the authority anticipates it will receive in the fiscal year and all accumulated surpluses from previous fiscal years,

set out all of the operating expenditures that the authority anticipates it will incur in the fiscal year, the total amount of which must not be greater than the total amount of the revenues and accumulated surpluses referred to in paragraph (a), and

include, as one of the operating expenditures set out under paragraph (b), any deficit that was incurred in the previous fiscal year.

Repealed

8-9

[Repealed 2007-41-10.]

Employees

The chief executive officer must, as agent for the authority,

employ or retain persons necessary for the business and operations of the authority and for the functioning of the board,

define the duties of those persons, and

subject to

section 190.1, determine the compensation of those persons in accordance with any guidelines established by the board.

Pensions

Subject to the exclusions in subsection (2) of this section, the Public Service Pension Plan, continued under the Public Sector Pension Plans Act , applies to

designated employees who are transferred by an order made under

section 37 of this Act, and

all other employees of the authority and its subsidiaries.

The Public Service Pension Plan does not apply to employees who are members of or will be entitled to become members of a pension plan registered under the Income Tax Act (Canada) other than that provided under the Public Service Pension Plan.

The Public Service Pension Plan applies to those designated employees who immediately before their transfer were contributors under the Municipal Pension Plan continued under the Public Sector Pension Plans Act .

4) and (5

[Repealed 1999-44-57.]

The amounts payable as the employer's contribution under the Public Service Pension Plan must be reduced by the amount determined by the trustee of the pension fund under that plan to have been paid by the authority or the subsidiary, as the case may be, to the British Columbia Hydro and Power Authority Plan

under the agreement entered into under

section 7 (3) of the Metro Transit Operating Company Act , R.S.B.C. 1979, c. 257, and

as reimbursement for the cost of increases in the pension benefits received under that Plan.

The authority or subsidiary, as the case may be, may continue its participation in a pension plan other than the Public Service Pension Plan in respect of those employees or future employees referred to in subsection (2) of this section.

Health and benefit trust

In this section, trust means the BC Transit Employees' Health and Benefit Trust and includes any successor trust created for the benefit of members of groups of employees who were, before the creation of the successor trust, beneficiaries of the BC Transit Employees' Health and Benefit Trust.

If the authority or any of its subsidiaries is a successor employer to BC Transit within the meaning of the Labour Relations Code , that successor employer must

deduct from the compensation of employees who are beneficiaries of the trust any amounts that are set, by the trustees of the trust, in accordance with the agreement and declaration of trust that established the trust, and

remit those amounts to the trust.

Labour relations matters

For the purposes of

section 38 of the Labour Relations Code ,

the authority must not be treated as one employer with any person, including a subsidiary, and

a subsidiary must not be treated as one employer with any person, including another subsidiary.

Every collective agreement between the authority and a trade union or between a subsidiary and a trade union is deemed to provide that it is the function of the employer, subject to the provisions of the collective agreement, to manage the employer's affairs.

For the purpose of subsection (2), "manage the employer's affairs" includes, without limitation, the right to determine

the employment, complement and organization of employees necessary to carry on the business and operations of the authority or the subsidiary, as the case may be, and

the work methods and procedures applicable to the provision of transportation services.

Annual meeting

13.1

The authority must hold an annual general meeting within 6 months after the end of each fiscal year.

Within 3 months before, and not less than 2 weeks before, the date of the authority's annual general meeting, the board must publish the date, time and location of the annual general meeting

on the authority's website in such a manner that the information respecting the date, time and location of the annual general meeting can be accessed without charge by any member of the public wishing to access it, and

in another manner that the board is satisfied will bring the date, time and location of the annual general meeting to the attention of the public in the transportation service region.

At least 10 days before the date of an annual general meeting, the board must publish the annual report

on the authority's website in such a manner that the annual report can be accessed without charge by any member of the public wishing to access it, and

in another manner that the board is satisfied will bring the annual report to the attention of the public in the transportation service region.

An annual general meeting of the authority is open to any person, and any person attending the meeting may, subject to any reasonable restrictions imposed by the board, address the meeting.

The board must place the annual report before the annual general meeting and must make a copy of that report available without charge to any person in attendance at the meeting who requests a copy.

Records and Reports

Authority's website

13.2

The authority must establish and maintain a website that is accessible without charge to the public.

1.1

The authority must publish on the authority's website, as directed by the mayors' council on regional transportation, any information required to be published under the Act by the mayors' council on regional transportation.

Unless this Act provides otherwise, if, under this Act, the authority is required to publish a record on the authority's website, the record must remain on that website for a period that is not shorter than the remainder of the fiscal year in which the record was published and the following fiscal year.

The authority must

publish on its website

the information that under

section 249 (1) (

f) is included on tickets issued under

section 248, and

the fare collection bylaw, and

ensure that the most current versions of the information and bylaw referred to in paragraph (

a) of this subsection remain on the website.

Records

13.3

The authority must keep the following records at its head office:

a list of its current directors;

every record deposited under

section 183 (2) (b);

the minutes or portions of minutes of every meeting of its directors, and of every meeting of every committee of its directors, held in the current fiscal year or the previous fiscal year, if and to the extent that the authority believes that it would be required to disclose those minutes or portions of minutes in response to an access request under the Freedom of Information and Protection of Privacy Act ;

copies of any notices published by or on behalf of the authority

in a newspaper,

in the current fiscal year or the previous fiscal year, and

iii

in order to satisfy a requirement of this Act;

copies of every annual report of the authority;

a copy of the current strategic plan;

a copy of the authority's current long term strategy;

copies of the current and previous year's annual budget.

[Repealed 2007-41-42.]

Any person may, without charge, inspect during normal business hours all of the records that the authority is required to keep under this section.

If a person requests a copy of a record that the authority is required to keep under this

section and pays, in relation to that copy, the fee, if any, set in the articles of the authority under subsection (4), the authority must provide a copy of that record to that person promptly after receipt of the request and payment.

Subject to subsection (5), the authority may, in its articles, set a reasonable fee for providing a copy of any of its records under subsection (3).

Without limiting subsection (1), the authority must maintain a current version of its articles on the authority's website in such a manner that those articles can be accessed without charge by any member of the public wishing to access them.

Annual reports

13.4

An annual report must include the following in relation to the fiscal year for which the report is prepared:

a

summary of the operations of the authority and its subsidiaries during that year, including, without limitation,

transportation services provided in that year,

capital projects undertaken, continued or completed in that year,

iii

transportation demand management measures undertaken in that year,

short term fares assessed for each revenue transit service in that year,

the revenue realized by the authority in that year,

the authority's expenditures in that year, and

vii

the borrowings undertaken by the authority in that year,

along with a comparison of the operations of the authority and its subsidiaries to the applicable strategic plan and the applicable service, capital and operational plans;

the audited financial statements prepared for that year;

a

summary of the number and nature of complaints received in that year and dealt with under

section 225, and the actions taken by the authority in response to those complaints;

a

summary of the results of the customer satisfaction survey process operated in that year by the authority;

any amendments made to the articles of the authority in that year;

the date, type and outcome of any meetings of the board held in that year;

the current version of the fare collection bylaw;

the number of tickets issued in that year under

section 248 and the ticketed amounts collected in that year;

if the authority imposes development cost charges during that year,

the amount of the development cost charges received in that year,

the expenditures from the reserve fund under

section 34.27 in that year,

iii

the balance in the reserve fund under

section 34.27 at the start and at the end of that year, and

any waivers and reductions under

section 34.24 (3) in that year.

Repealed

13.5

[Repealed 2014-21-5.]

Repealed

[Repealed 2007-41-44.]

Consultation and Ratification

Required consultation

When the authority is required under this

section to consult before taking any proposed action, the authority must

adopt a consultation plan that the authority considers will provide opportunities for

consultation, in the manner required in this section, with the public, mayors' council on regional transportation, municipalities, organizations, the Metro Vancouver Regional District, the government and trade unions, and

consultation with any other persons or organizations that the authority considers will be affected by the proposed action or consultation plan, and

consider any comments provided during the consultation process before taking the action.

A failure to comply with a consultation plan under subsection (1) does not invalidate the action taken as long as the authority has made a reasonable attempt to consult in accordance with subsection (1).

[Repealed 2007-41-45.]

3.1

Before an investment plan is provided to the mayors' council on regional transportation under

section 202.1, the authority must consult, on matters that the authority proposes to include in that plan, with

the public in the transportation service region,

the mayors' council on regional transportation,

the Metro Vancouver Regional District, and

any municipality and other organization that the authority considers will be affected.

[Repealed 2007-41-45.]

The authority must consult with the government, all the municipalities that the authority considers will be affected and the mayors' council on regional transportation before

establishing any standards under

section 19, or

entering into an agreement under

section 1 (2) to add an area to the transportation service region.

The authority must consult with all the municipalities that the authority considers will be affected before taking any action under sections 18 (2) (

b) and 22 (3).

If the establishment or acquisition of a subsidiary by the authority will alter a bargaining unit, the authority must, before establishing or acquiring that subsidiary, consult with any trade unions representing employees who may be affected by the establishment or acquisition of the subsidiary.

Approvals or ratifications

1) to (2.1

[Repealed 2007-41-46.]

The authority may, by bylaw, assess a tax, a project toll charge, a motor vehicle charge, a designated toll or a parking tax that is not contemplated by the authority's strategic plan if

the board of the authority, after full examination of the capital and operating expenditures of the authority and its subsidiaries, determines that assessing the proposed taxes or charges is necessary and unavoidable in order to meet the debt obligations properly incurred by the authority under

section 31, and

the board of the authority has passed a resolution, by a vote of at least 2/3 of its members voting at the meeting, confirming that the circumstances in paragraph (

a) of this subsection exist.

Repealed

16.1

[Repealed 2007-41-46.]

Major Road Network

Identifying major roads

The authority must establish guidelines, consistent with the authority's purpose, for identifying highways in the transportation service region as major roads.

Major road network

The authority must, by bylaw made on or before December 31, 1998, establish the major road network comprising an integrated system of highways throughout the transportation service region.

The authority may, by bylaw,

designate the whole or any specified part of one or more major roads as forming part of the major road network, and

remove all or any of those designations.

A designation under subsection (2) (

a) may be removed in respect of the whole or any part of a designated highway that no longer falls within the guidelines, established under

section 17, for identifying major roads.

The authority must have the consent of each of the municipalities within which a major road is located before designating that major road as being part of the major road network under subsection (2) (a), but the consent of those municipalities is not required to remove the designation under subsection (2) (b).

With the agreement of the owner of a private road and with the consent of each municipality in which that private road is located, the authority may, by bylaw, designate the whole or any specified part of that road as forming part of the major road network, but the agreement of the owner and the consent of those municipalities is not required to remove the designation.

Standards for major road network

Subject to this Part, the authority may, by bylaw, establish standards for the management, operation, construction and maintenance of all or any part of the major road network.

Funding for major road network

Within the limits of its powers under this Act, the authority must, in accordance with an agreement with a municipality under paragraph (c), contribute funds to the municipality for the purpose of maintaining or constructing any part of the major road network that is located in that municipality if

the municipality is complying, to the satisfaction of the authority, with all of the management, operation, construction and maintenance standards established by the authority under

section 19,

in the case of construction, the construction project in respect of which funds are to be contributed is included in the capital plans approved by the authority and the authority's contribution to the cost of the construction of that project is included in the capital budget approved by the authority,

the authority and the municipality enter into an agreement in respect of the maintenance or construction, as the case may be, and

Limits on municipal authority

Despite the Community Charter , the Vancouver Charter or any other enactment, a municipality must not, without the approval of the authority, take, authorize or permit any action that would reduce the capacity of all or any part of the major road network to move people.

1.1

For the purpose of subsection (1), an action would reduce the capacity of all or any part of the major road network to move people if the action would result in the alteration of a roadway, as that term is defined in

section 119 of the Motor Vehicle Act , of a major road, or of the traffic control conditions on a major road, in such a way that fewer persons would be able to travel on the major road network in a given time period than were able to travel on the major road network in a comparable time period before the taking of the action.

Despite the Community Charter , the Vancouver Charter or any other enactment but subject to subsection (3) of this section, a municipality must not, without the approval of the authority, take, authorize or permit any action that would prohibit the movement of trucks on all or any part of a highway in the transportation service region.

Subsection (2) does not apply to a highway in the provincial highway system.

Subject to subsection (5), a bylaw that prohibits the movement of trucks on a highway in the transportation service region is deemed to have been approved by the authority under subsection

(2) if the bylaw was adopted by the Council of the City of Vancouver before the coming into force of this section, or

in the case of a bylaw adopted by the council of any other municipality, if the bylaw was adopted

with the approval of the Minister of Transportation and Highways under

section 531 of the Local Government Act , R.S.B.C. 1996, c. 323, as that

section read immediately before its repeal by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003 , and

before the coming into force of this section.

Any amendment or replacement of a bylaw referred to in subsection (4) requires the approval of the authority under subsection (2) of this section.

The approval of the minister responsible for the Transportation Act is not required under

section 36 (2) (c) [regulation of extraordinary traffic on arterial highways] of the Community Charter for a bylaw, described in subsection (4) of this section, passed after this

section comes into force.

Movement of dangerous goods

In this section, dangerous goods has the same meaning as in the Transport of Dangerous Goods Act .

Despite any other enactment, a municipality must not make a bylaw described in

section 23 of the Transport of Dangerous Goods Act in respect of a highway that is part of the major road network.

The authority, by bylaw,

must designate routes and times of travel on the major road network for motor vehicles transporting dangerous goods, and

may prohibit the transportation of dangerous goods in motor vehicles

on designated routes in the major road network, or

at certain times of travel.

A designation may not be made under subsection (3) (

a) without the consent of each municipality in which a part of the designated route is located.

A municipal bylaw described in

section 23 of the Transport of Dangerous Goods Act in respect of any part of the major road network ceases to have effect when, under subsection (3) of this section, the authority adopts a bylaw in respect of that part of the major road network.

Authority's highways

If the authority has purchased or taken land for a highway and has had title to the highway registered in the name of the authority, the following do not apply to the highway:

section 35 (1) [ownership and possession of highways] of the Community Charter ;

section 289 of the Vancouver Charter .

1.1

Despite sections 2 (1) and 23 (4) of the Expropriation Act ,

section 23 (5) of that Act applies in relation to land taken by the authority for a highway that forms part of a designated project.

The authority has the right of possession of any highway referred to in subsection (1) of this section.

Despite

section 2 of the Transportation Act , the authority is responsible for and has control of the construction and maintenance of, any highway referred to in subsection (1) of this section.

In relation to all or any part of a highway referred to in subsection (1) located within a municipality, the authority has powers equivalent to those of the municipality in respect of the layout, design, construction and maintenance of highways.

Weight and dimension requirements

Despite any standards set by the authority under

section 19 respecting weight and dimensions for motor vehicles on the major road network, the requirements prescribed for motor vehicles in a regulation made under

section 11 (2) (

a) or (

m) of the Commercial Transport Act apply to the major road network subject to any specific limitations set by the authority under subsection (2) (

d) of this section.

Despite

requirements prescribed for motor vehicles under

section 11 (2) (

a) or (

m) of the Commercial Transport Act ,

a bylaw of a municipality respecting weight and dimensions for motor vehicles travelling on any part of the major road network, and

any standards set by the authority under

section 19 of this Act,

the authority may, if the authority considers that a part of the major road network does not have the capacity to accommodate those requirements, do one or both of the following:

by bylaw, further limit the requirements described in paragraphs (

a) to (

c) of this subsection on any specified part of the major road network;

recommend to the Lieutenant Governor in Council that the requirements prescribed for motor vehicles under

section 11 (2) (

a) or (

m) of the Commercial Transport Act be further limited to specified requirements on any specified part of the major road network.

Without limiting the Commercial Transport Act or

section 46 of this Act, the Lieutenant Governor in Council may, after receiving a recommendation from the authority under subsection (2) (

e) of this section, amend any regulation made under

section 11 (2) (

a) or (

m) of the Commercial Transport Act to prescribe the specified requirements in relation to the specified part of the major road network.

Without limiting any other offences or liability that might arise in relation to weight or dimension requirements referred to in subsection (2) (

a) to (c), a person commits an offence if the person operates, on a part of the major road network, a motor vehicle the weight or dimensions of which exceed the requirements, as limited by a bylaw made by the authority under subsection (2) (d), that are applicable to that part of the major road network.

A person referred to in subsection (4) commits an offence whether or not the motor vehicle referred to in that subsection complies with the requirements referred to in subsection (2) (

a) to (c).

The authority may, in the place of the minister under

section 8 of the Commercial Transport Act , issue permits under that

section with respect to motor vehicles if and to the extent that the permits relate to highways in the major road network, and any prescribed fees payable under that

section in relation to those permits are payable to the authority.

Funding

Property tax assessed by the authority

In this

section and in

section 26:

improvements has the same meaning as in the Assessment Act ;

land has the same meaning as in the Assessment Act ;

net taxable value , in relation to land and improvements in the treaty lands of a treaty first nation, means the net taxable value of the land and improvements determined for regional hospital district purposes as if the Assessment Act , the Hospital District Act and the Taxation (Rural Area) Act apply for the purposes of the assessment and taxation of those lands and improvements.

The authority

may, by bylaw, assess a tax within the parameters established by its strategic plan on the net taxable value of land and improvements in the transportation service region, other than land and improvements that are taxable for school purposes only by special Act, and

must, in assessing that tax, adopt a variable tax rate system in which individual tax rates are determined and imposed for each property class.

2.1

Despite subsections (2) and (6), if the authority assesses a tax under those subsections for a taxation year, the authority, instead of assessing the tax in the treaty lands of a treaty first nation, by bylaw, must apply the applicable tax rates under those subsections to the net taxable value of land and improvements in those treaty lands to determine the amount that would have been assessed in relation to those treaty lands if the authority were levying a tax in those treaty lands.

3) and (4

[Repealed 2007-41-48.]

On or before May 1 of each year, the authority must send to

the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the taxes assessed by the authority under subsection (2) (a), and, if applicable, subsection (7.1), and

each treaty first nation a requisition for the amount determined for the treaty first nation under subsection (2.1), including a statement of the rates applied to the net taxable value of land and improvements in the treaty lands to determine that amount.

If, after the authority has made its first bylaw under subsection (2), the authority increases the tax assessed under this section, the authority must adopt a variable tax rate system that

is applicable only to that increase, and

has, as the relationship between the tax rate on a property class other than property class 1 and the tax rate for property class 1, a relationship that is the same or lower than the relationship between those same tax rates in the variable tax rate system prescribed for regional hospital districts under

section 27 of the Hospital District Act .

6.1

If, after the authority has made its first bylaw under subsection (2), the authority decreases the tax assessed under this section, the authority must adopt a variable tax rate system that

is applicable only to that decrease, and

has, as the relationship between the tax rate on a property class other than property class 1 and the tax rate for property class 1, a relationship that is the same or higher than the relationship between those same tax rates in the variable tax rate system prescribed for regional hospital districts under

section 27 of the Hospital District Act .

In a bylaw under subsection (2), the authority may

establish zones in the transportation service region, and

adopt different tax rates for land and improvements in different zones based on the benefit that the authority considers accrues to the land and improvements in a zone as a result of proximity to a transportation station, or to another major transportation facility, that has been constructed or funded by the authority.

7.1

For any fiscal year after 2007, in addition to the property taxes that the authority is authorized under this Act, other than this subsection, to assess in that fiscal year, the authority may, by bylaw, assess a tax under this subsection on the net taxable value of land and improvements in the transportation service region if

the additional tax generates property tax revenue that is not more than $18 million in that fiscal year, and

the additional tax is collected only from property classes 1, 2, 4, 5 and 6 in whatever proportions the authority may determine.

7.2

Despite subsection (7.1), if a tax is assessed under that subsection, the amount that would have been assessed in relation to the treaty lands of a treaty first nation if the authority were levying a tax on the net taxable value of land and improvements in those treaty lands must be recovered from the treaty first nation by sending the treaty first nation a requisition for that amount under subsection (5) (b).

[Repealed 2003-3-12.]

If required by the authority, the British Columbia Assessment Authority must certify and forward to the authority the net taxable values of land and improvements, for the current year, in respect of which tax may be assessed or the amount of a requisition determined, as applicable, under this

section in

a municipality,

a rural area, or

the treaty lands of a treaty first nation

in the transportation service region.

Collection of taxes and amounts requisitioned

If taxes are assessed under

section 25, a municipality must collect those of the taxes that are assessed on the net taxable value of land and improvements in the municipality and the Surveyor of Taxes must collect those of the taxes that are assessed on the net taxable value of land and improvements in any rural area in the transportation service region.

1.1

If taxes are assessed under

Part 7, a municipality must collect those of the taxes that are assessed on the taxable parking area of, or on the taxable parking spaces in, parking sites located in the municipality, and the Surveyor of Taxes must collect those of the taxes that are assessed on the taxable parking area of, or on the taxable parking spaces in, parking sites located in any rural area, and, in this subsection, parking site , taxable parking area and taxable parking space have the same meaning as in

section 131.

1.2

If a treaty first nation receives a requisition under

section 25 (5) (

b) or 133 (4) (b), the treaty first nation must pay to the authority the amount of the requisition by August 1 of the year in which the requisition was sent.

In each year in which the authority assesses taxes under one or both of

section 25 and

Part 7,

the municipality must pay to the authority,

by August 1 of the year for which the taxes are assessed, all of the assessed taxes that have been collected by July 15 of that year, and

by December 31 of the year for which the taxes are assessed, the balance of the assessed taxes, whether or not all of the assessed taxes have been collected, and

the Surveyor of Taxes must pay to the authority, by August 1 of the year for which the taxes are assessed, all of the assessed taxes, whether or not all of the assessed taxes have been collected.

[Repealed 2003-3-12.]

In addition to any money payable under subsection (2), if, in any year (the "grant year") a grant in place of taxes for land and improvements in a municipality or rural area in the transportation service region is received by the collector of the municipality or by the Surveyor of Taxes from

a corporation included in

Schedule III or IV of the Payments in Lieu of Taxes Act (Canada), or

a public body as defined in

section 1 of the Financial Administration Act ,

the municipality or the Surveyor of Taxes, as the case may be, must pay to the authority, on or before February 1 in the following year, the amount determined by the following formula:

required payment = amount of grant X [authority's taxes/local taxes]

where

amount of grant

means the full amount of the grant provided in the grant year to the municipality or the Surveyor of Taxes, as the case may be, for the land and improvements;

authority's taxes

means the taxes assessed by the authority for the grant year under

section 25 on land and improvements in the municipality or rural area, as the case may be;

local taxes

means,

(

a) in the case of a grant provided to the collector of a municipality, the taxes levied by the municipality for the grant year on land and improvements in the transportation service region that are located in that municipality, or

(

b) in the case of a grant provided to the Surveyor of Taxes, the taxes levied by the Surveyor of Taxes for the grant year on land and improvements in that part of the transportation service region that consists of rural area.

Without an appropriation other than this subsection, the amounts that the Surveyor of Taxes must pay to the authority under subsections (2) and (4) must be paid out of the consolidated revenue fund.

Section 27 (1) (

a) of the Financial Administration Act does not apply to the appropriation under subsection (5) of this section.

If a municipality or treaty first nation fails to pay the authority the amount it is required to pay the authority under this section, the authority may do one or more of the following:

cease providing any of the funding it is obliged to, or has agreed to, provide under this Act;

set off the amounts due against any of the funding it is obliged to, or has agreed to, provide under this Act;

bring an action to recover the amount as a debt due and owing;

on

summary application to the Supreme Court, request the appointment of a receiver of any taxes, fees or other revenues of the municipality for the purposes of enforcing payment of the amounts payable under this section.

The minister may prescribe an administration fee the authority must pay to a municipality in relation to the collection of tax assessed under

Part 7.

A municipality may deduct the administration fee prescribed under subsection (8), in the manner and at the times prescribed by the minister, from the amounts payable by the municipality to the authority under subsection (2).

The administration fee prescribed under subsection (8) may be different for different municipalities.

Levy and collection of property taxes

In this section, owner has the same meaning as in the Assessment Act .

Subject to this Act and the Assessment Act , if the provisions of the Community Charter , the Local Government Act , the Taxation (Rural Area) Act or the Vancouver Charter apply in respect of the assessment, levy, collection or recovery of, or the addition of penalties and interest on, property taxes payable in respect of a particular property, those provisions apply in respect of the assessment, levy, collection or recovery of, or the addition of penalties and interest on, taxes assessed under

section 25 of this Act on that property.

Subject to this Act, if the provisions of the Community Charter , the Local Government Act , the Taxation (Rural Area) Act or the Vancouver Charter apply in respect of the assessment, levy, collection or recovery of, or the addition of penalties and interest on, property taxes payable in respect of a particular property, those provisions apply in respect of the assessment, levy, collection or recovery of, or the addition of penalties and interest on, taxes assessed under

Part 7 of this Act on that property.

If a tax is assessed on property under one or both of

section 25 and

Part 7, the collector of a municipality must, if the property is in that municipality, and the Surveyor of Taxes must, if the property is in a rural area,

for any tax assessed under

section 25, prepare and mail a notice, setting out the tax assessed under that section, to each person named in relation to the property on the assessment roll, and

for any tax assessed under

Part 7, prepare and mail a notice, setting out the tax assessed under that Part, to each person named in relation to the property on the parking site roll.

For the purposes of subsection (4), the collector of the municipality or the Surveyor of Taxes, as the case may be, may, if a notice is to be provided to a person under subsection (4) (

a) and a notice is to be provided to the same person under subsection (4) (b), combine those notices into one notice to that person.

A notice provided under subsection (4) or (5) in respect of a property must

form part of the tax notice under

section 237 of the Community Charter , the taxation notice under

section 21 (2) of the Taxation (Rural Area) Act or the tax statement under

section 403 of the Vancouver Charter , as applicable, and

set out

the tax, if any, assessed under

section 25 on the property, and

the tax, if any, assessed under

Part 7 on the property.

Each notice under subsection (4) or (5) must conform with any applicable specifications under the Community Charter , the Local Government Act , the Taxation (Rural Area) Act or the Vancouver Charter .

7.1

Despite subsection (4), the collector of each municipality or the Surveyor of Taxes, as the case may be, may provide a notice to a taxpayer other than by mail, in accordance with any applicable legislation.

Except in relation to the treaty lands of a treaty first nation, sections 130, 131, 131.01 and 132 of the School Act apply in respect of assessment and taxation under

section 25 of this Act.

Fuel tax

27.1

In this section:

director has the same meaning as in the Motor Fuel Tax Act ;

fuel tax revenue , in any fiscal year, means the taxes to which the authority is entitled in that fiscal year under sections 4 (1) (

c) and (d) (

i) and 10 (1) (

c) and (d) (

i) of the Motor Fuel Tax Act .

Before the repeal of sections 203 and 204, the authority may, by bylaw referred to in subsection (6) of this section, set, as the rate of tax payable under sections 4 (1) (d) (

i) and 10 (1) (d) (

i) of the Motor Fuel Tax Act , a rate of tax that does not exceed $0.03 per litre.

Before passing a bylaw referred to in subsection (2) of this section,

the authority must set out the proposed rate of tax in a supplement,

the commissioner must, in the review of the supplement undertaken under

section 203,

consider whether the rate of tax is consistent with subsection (4) (

b) of this section,

consider the reasonableness of the estimates used by the authority to determine the amounts referred to in subsection (4) (b), and

iii

if the commissioner determines that the rate of tax is consistent with subsection (4) (

b) and that the estimates referred to in subparagraph (ii) of this paragraph are reasonable, provide the authority and the mayors' council on regional transportation with a notice confirming that determination, and

without limiting

section 204 (c), the mayors' council on regional transportation must, if it approves the supplement under

section 204, provide the authority with a copy of the resolution approving the supplement.

The authority must not set a rate of tax under subsection (2) of this

section unless

the authority has received, in relation to the supplement referred to in subsection (3) (a), the notice referred to in subsection (3) (b) (iii) and a copy of the resolution referred to in subsection (3) (c), and

the outcome revenue is at least twice as great as the tenth year additional fuel tax revenue.

In subsection (4):

outcome revenue means the amount determined by the following formula:

(tenth year revenue − tenth year fuel tax revenue) − [1.35 × (plan year revenue − plan year fuel tax revenue)]

where

"tenth year revenue" is the total revenue, excluding grants or contributions from the government, that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (

a) is approved,

"tenth year fuel tax revenue" is the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (

a) is approved,

"plan year revenue" is the total revenue, excluding grants or contributions from the government, that the authority estimates it will receive in the year in which the supplement referred to in subsection (3) (

a) is prepared, and

"plan year fuel tax revenue" is the fuel tax revenue that the authority estimates it will receive in the year in which the supplement referred to in subsection (3) (

a) is prepared;

tenth year additional fuel tax revenue means the positive difference between

the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (

a) is approved, and

the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (

a) is not approved.

If the authority is entitled under subsection (4) to set a rate of tax under subsection (2), the authority may, by bylaw,

set, as the rate of tax payable under sections 4 (1) (d) (

i) and 10 (1) (d) (

i) of the Motor Fuel Tax Act , the rate of tax, in an amount that does not exceed $0.03 per litre, that the authority is authorized to set by the strategic plan that results from the approval of the supplement referred to in subsection (3) (

a) of this section, and

set, as the date on which that rate of tax is to take effect, a date that is

at least 2 months after the date on which the bylaw is received by the director under subsection (7) of this section, and

the first day of a calendar month.

If the authority passes a bylaw under subsection (6), the authority must deliver the following to the director:

a copy of the bylaw;

a copy of the notice referred to in subsection (3) (b) (iii);

a copy of the resolution of the mayors' council on regional transportation referred to in subsection (3) (c).

After delivering to the director the records referred to in subsection (7), the rate of tax payable under sections 4 (1) (d) (

i) and 10 (1) (d) (

i) of the Motor Fuel Tax Act is, effective on the date set by the authority under subsection (6) (

b) of this section, the rate of tax set under subsection (6) (a).

2012 Moving Forward Plan fuel tax

27.11

In this section, director has the same meaning as in the Motor Fuel Tax Act .

Before the repeal of sections 203 and 204, the authority may, by bylaw referred to in subsection (5) of this section, set, as the rate of tax payable under sections 4 (1) (d) (ii) and 10 (1) (d) (ii) of the Motor Fuel Tax Act , a rate of tax that does not exceed $0.02 per litre.

Before passing a bylaw referred to in subsection (2) of this section,

the authority must identify the rate of tax in a supplement, and

without limiting

section 204 (c), the mayors' council on regional transportation must, if it approves the supplement under

section 204, provide the authority with a copy of the resolution approving the supplement.

The authority must not set a rate of tax under subsection (2) of this

section unless the authority has received, in relation to the supplement referred to in subsection (3) (a), a copy of the resolution referred to in subsection (3) (b).

If the authority is entitled under subsection (4) to set a rate of tax under subsection (2), the authority may, by bylaw,

set, as the rate of tax payable under sections 4 (1) (d) (ii) and 10 (1) (d) (ii) of the Motor Fuel Tax Act , the rate of tax, in an amount that does not exceed $0.02 per litre, that the authority is authorized to set by the strategic plan that results from the approval of the supplement referred to in subsection (3) (

a) of this section, and

set, as the date on which that rate of tax is to take effect, a date on or after April 1, 2012 that is

at least 2 months after the date on which the bylaw is received by the director under subsection (6) of this section, and

the first day of a calendar month.

If the authority passes a bylaw under subsection (5), the authority must deliver the following to the director:

a copy of the bylaw;

a copy of the resolution of the mayors' council on regional transportation referred to in subsection (3) (b).

After delivering to the director the records referred to in subsection (6), the rate of tax payable under sections 4 (1) (d) (ii) and 10 (1) (d) (ii) of the Motor Fuel Tax Act is, effective on the later of the date set by the authority under subsection (5) (

b) of this

section and the date on which sections 4 (1) (d) (ii) and 10 (1) (d) (ii) of the Motor Fuel Tax Act come into force, the rate of tax set under subsection (5) (a).

2018–2027 Phase Two Plan fuel tax

27.12

In this section, director has the same meaning as in the Motor Fuel Tax Act .

The authority may, by bylaw referred to in subsection (5), set, as the rate of tax payable under sections 4 (1) (d) (iii) and 10 (1) (d) (iii) of the Motor Fuel Tax Act , a rate of tax that does not exceed $0.015 per litre.

Before passing a bylaw referred to in subsection (5) of this section,

the authority must identify the rate of tax in an investment plan, and

without limiting

section 204.1 (1) (c), the mayors' council on regional transportation must, if it approves the investment plan under

section 204.1, provide the authority with a copy of the resolution approving the investment plan.

The authority must not set a rate of tax under subsection (2) unless the authority has received, in relation to the investment plan referred to in subsection (3) (a), a copy of the resolution referred to in subsection (3) (b).

If the authority is entitled under subsection (4) to set a rate of tax under subsection (2), the authority may, by bylaw,

set, as the rate of tax payable under sections 4 (1) (d) (iii) and 10 (1) (d) (iii) of the Motor Fuel Tax Act , the rate of tax, in an amount that does not exceed $0.015 per litre, that the authority is authorized to set by the strategic plan that results from the approval of the investment plan referred to in subsection (3) (

a) of this section, and

set, as the date on which that rate of tax is to take effect, a date on or after July 1, 2019 that is

at least 2 months after the date on which the bylaw is received by the director under subsection (6) of this section, and

the first day of January, April, July or October.

If the authority passes a bylaw under subsection (5), the authority must deliver the following to the director:

a copy of the bylaw;

a copy of the resolution of the mayors' council on regional transportation referred to in subsection (3) (b).

After delivering to the director the records referred to in subsection (6), the rate of tax payable under sections 4 (1) (d) (iii) and 10 (1) (d) (iii) of the Motor Fuel Tax Act is, effective on the date set by the authority under subsection (5) (

b) of this section, the rate of tax set under subsection (5) (a).

Exemptions for treaty lands of treaty first nations

27.2

For the purposes of calculating the rates under

section 25 (2) and (6) and the amount of a requisition under

section 25 (5) (b), the following property in the treaty lands of a treaty first nation must, subject to this section, be treated as if it were exempt:

property of a treaty first nation member or treaty first nation constituent, as applicable under the treaty first nation's final agreement, that is exempt under the law of the treaty first nation from property taxation by the treaty first nation;

property that is exempt under the treaty first nation's final agreement from property taxation;

property that is exempt under a tax treatment agreement of the treaty first nation from property taxation under this Act;

property that would be exempt under Division 6 of

Part 7 of the Community Charter from property taxation if that Division applied;

property that

would be permitted to be exempt under Division 7 of

Part 7 of the Community Charter from property taxation if that Division applied, and

is exempt under a law of the treaty first nation made under

Part 2 of the Treaty First Nation Property Taxation Enabling Act from property taxation.

Subject to subsection (3), 50% of the assessed value of a parcel, or a portion of a parcel, of land must be treated as if it were exempt for the purposes of calculating the rates under

section 25 (2) and (6) and the amount of a requisition under

section 25 (5) (b), if

the parcel or portion is classified as a farm under the Assessment Act , or

the parcel or portion is in the agricultural land reserve within the meaning of the Agricultural Land Commission Act , is subject to sections 18 to 20.3 and 28 of that Act and satisfies one or more of the conditions set out in subsection (3) of this section.

The parcel or portion of a parcel referred to in subsection (2) (

b) must be

vacant and unused,

used for a farm or residential purpose, or

used for a purpose that is permitted by the Lieutenant Governor in Council under this Act.

Land must be treated as if it were exempt for the purposes of calculating the rates under

section 25 (2) and (6) and the amount of a requisition under

section 25 (5) (

b) if the land is included in a timber lease or timber licence issued under an enactment of British Columbia or of Canada

for which a stumpage, as defined in the Forest Act , has not been reserved or not made available to the government, or

which is held for the specific purpose of cutting and removing timber, and for no other purpose while so held.

Property that would be exempt from taxation under laws of a treaty first nation that have the same effect in respect of its treaty lands as a bylaw authorized under

section 225 [partnering and other exemptions] of the Community Charter has in respect of land within a municipality in relation to

a partnering agreement under the applicable law,

a golf course, or

a cemetery, mausoleum or columbarium,

must be treated as if it were taxable for the purposes of calculating the rates under

section 25 (2) and (6), and the amount of a requisition under

section 25 (5) (b), of this Act unless it can be treated as exempt under subsection (6) or (8) of this section.

The Lieutenant Governor in Council may make regulations requiring that land and improvements that must be treated as taxable under subsection (5) must be treated as exempt.

Regulations under subsection (6) may

require that all or part of the property that is exempted under the law of the treaty first nation be treated as exempt,

require the property be treated as exempt for all or part of the term of the exemption under the law of the treaty first nation, and

be different for different classes or uses of property, different classes of owners and different classes of partnering agreements.

The Lieutenant Governor in Council, by order in relation to property referred to in subsection (5) that is specified in the order, may require that

all or part of the property be treated as exempt for the purposes of calculating the rates under

section 25 (2) and (6) and the amount of a requisition under

section 25 (5) (b), and

the property be treated as exempt for those purposes for all or part of the term of the exemption under the law of the treaty first nation.

Property must not be treated as exempt for the purposes of calculating the rates under

section 25 (2) and (6), and the amount of a requisition under

section 25 (5) (b), of this Act if the property is exempted from property tax under a law of a treaty first nation that has the same effect in respect of its treaty lands as a bylaw has under

section 226 [revitalization tax exemptions] of the Community Charter in respect of land within a municipality.

Power levies assessed by the authority

In this section:

account means an electric service account rendered to a person liable for payment for the supply of electricity supplied by or through a collector;

collector means the British Columbia Hydro and Power Authority, the Corporation of the City of New Westminster or a public utility as defined in the Utilities Commission Act ;

power levy means the amount established under subsection (2);

supply has the same meaning as in the Hydro and Power Authority Act .

Subject to subsections (3) and (5), the authority may, by bylaw, establish a power levy and require a collector to add the power levy to every residential dwelling unit account in the transportation service region.

The power levy must be the same for every account and must not exceed $1.90 per month for each account.

A power levy added to an account of a person under this

section is deemed to be a debt owed to the collector by the person liable for payment as part of the rates payable by that person for electricity.

If a person is liable for more than one account for the supply of electricity on the same parcel of land, the authority

may, on application by that person, pass a resolution exempting the person from payment of the power levies added to the second and any additional accounts, and

must, promptly after passing a resolution under paragraph (a), give notice of that resolution to the collector.

After the collector has been notified of a resolution passed under subsection (5), the collector is not required to collect the power levies referred to in that resolution and they are not part of the rates payable for electricity by the person in respect of whom the resolution was passed.

Subject to subsection (8), the collector must pay to the authority an amount equivalent to the total power levies added to and included in accounts under this section, which payments must be made monthly, in the manner required by the authority.

If a collector has added a power levy to an account and that account is written off by the collector as a bad debt, the collector may deduct the amount of the power levy that was added to that account from amounts that are payable under subsection (7).

Despite any other enactment, money collected by a collector on an account is deemed to be paid firstly on account of the power levy added under this section.

The collector must, on request by the authority, provide all records and information required by the authority respecting matters related to the collection of the power levy under this section.

Charges and fees

The authority may, to recover all or any part of the costs associated with improvements to a part of the major road network, assess, by bylaw, toll charges on persons using that part of the major road network.

Subject to

section 197, the authority may, by bylaw, assess user fees on persons using custom transit services or services of a ferry, bus transportation system or rail transportation system in the transportation service region.

Subject to

section 195, the authority may, by bylaw, assess motor vehicle charges on any owner or operator of a motor vehicle that is principally used in the transportation service region or that uses any designated part of the regional transportation system.

The authority may, in a bylaw made under subsection (1), (2) or (3),

establish different classes of users, operators, owners, motor vehicles, designated parts of the regional transportation system or of the major road network or designated areas in the transportation service region,

establish different or variable project toll charges, motor vehicle charges or user fees in respect of any of the classes, parts or areas described in paragraph (

a) or any combination of those classes, parts or areas,

establish stations for the collection of charges and fees under this section, and

exempt any class of users, operators, owners or motor vehicles from the project toll charges, motor vehicle charges or user fees.

Subject to subsection (6) and

section 16 (3), a bylaw made under subsection (1) of this

section does not come into force until the bylaw is ratified by a resolution of the mayors' council on regional transportation.

A bylaw made under subsection (1) does not require ratification by the mayors' council on regional transportation under subsection (5) before coming into force if the bylaw results in no change to or a decrease in the project toll charge or motor vehicle charge, as the case may be, assessed under this section.

Contracted services

29.01

If a revenue transit service is or is to be provided to the authority or a subsidiary under a contract that is in existence on the date this

section comes into force, the short term fare that may be assessed for that revenue transit service may increase at the rate and in the manner set out in the contract.

Designated tolls

29.1

In this section, costs associated with a designated project or major crossing includes the cost of any of the following in relation to the designated project or a major crossing:

designing, planning, developing or financing;

establishing, constructing, expanding, upgrading, improving, modifying or rehabilitating;

operating, regulating, managing, maintaining, closing or removing.

In order to recover all or part of the costs associated with a designated project or major crossing, the authority, by bylaw, may assess toll charges or other charges in relation to the tolls or the collection of tolls on persons who use, or on owners or operators of motor vehicles that are driven on, a part of the designated project or major crossing.

If the authority decides to assess designated tolls, the authority, by bylaw, may

establish the amount of the designated toll in relation to each class established under subsection (4) (

a) or the criteria under subsection (4) (b),

make rules respecting the maximum amount by which the designated toll may be increased and the frequency of those increases, and

establish the period during which a designated toll must be paid and the amount for the purposes of the definition of "excessive toll debt".

For the purposes of subsection (2), the authority, by bylaw, may

establish different classes of users, operators, owners, motor vehicles or parts of the designated project or major crossing,

provide for different toll charges for different classes established under paragraph (

a) and for the following:

different dates, days or times the part of the designated project or major crossing is used;

the extent of use of a part of the designated project or major crossing;

iii

whether a toll device is detected or not detected in or on the vehicle;

other criteria the authority considers appropriate,

provide for the use of toll devices and toll readers or the establishment of stations or other facilities for the collection of designated tolls,

exempt any class of users, operators, owners or motor vehicles from the designated toll,

provide for an agreement with a billing organization under which the billing organization is authorized to charge and collect designated tolls and interest on designated tolls on behalf of the authority or a subsidiary, and

despite

section 190 (3) (c), if the authority has adopted a bylaw in relation to each matter described in subsection (3) of this section, delegate to a subsidiary the power to do either or both of the following:

assess designated tolls in accordance with the bylaws of the authority under subsection (3);

enter into an agreement referred to in paragraph (e).

Subject to subsection (6), a bylaw made under subsection (2) or (3) does not come into force until the bylaw is ratified by a resolution of the mayors' council on regional transportation.

A bylaw made under subsection (2) or (3) does not require ratification by the mayors' council on regional transportation before coming into force if the bylaw results in no change to or a decrease in the designated toll.

If the authority delegates to a subsidiary a power referred to in subsection (4) (f), the subsidiary must exercise the power by director's resolution, which resolution need not be ratified by the mayors' council on regional transportation to be effective.

Repealed

[Repealed 2005-32-8.]

Tax on parking rights

30.1

0.1

In this section, parking right and purchase price have the same meaning as in

Part 7.1.

Subject to

section 195, in addition to the authority's rights under

Part 7, the authority may, by bylaw,

set, as the rate of tax payable under

Part 7.1, a rate of tax that does not exceed 29% of the purchase price of the parking right in respect of which the tax is paid, and

set, as the date on which the tax rate is to take effect, a date that is

at least 2 months after the date on which the bylaw is passed, and

the first day of a calendar month.

[Repealed 2010-18-75.]

3) and (4

[Repealed 2007-41-50.]

Borrowing by authority

The outstanding debt obligations of the authority arising from borrowings, calculated in accordance with a regulation made under

section 46 (1), must not be greater than the greatest of

$1 billion 50 million,

an amount proposed by a resolution of the board and ratified by a resolution of the Metro Vancouver Regional District board of directors,

an amount proposed in a supplement, if the supplement was

provided to the mayors' council on regional transportation under

section 202 (2) before its repeal, and

approved by the mayors' council on regional transportation under

section 204 (

b) before its repeal, and

an amount proposed in an investment plan, if the investment plan was

provided to the mayors' council on regional transportation under

section 202.1, and

approved by the mayors' council on regional transportation under

section 204.1.

1.1

Before the mayors' council on regional transportation approves an investment plan that proposes an increase in the amount the authority may borrow, the mayors' council on regional transportation must consult with the Metro Vancouver Regional District board of directors.

1.2

The following are jointly and severally liable for obligations arising under a security issued by the authority to the Municipal Finance Authority of British Columbia:

the authority;

the Metro Vancouver Regional District;

the municipalities in the transportation service region.

The Municipal Finance Authority of British Columbia may provide financing for and on behalf of the authority for borrowing authorized under this Act.

For the purposes of financing under subsection (2) of this section, the Municipal Finance Authority Act , except

section 24 of that Act, applies to the authority as if it were a regional district, except that a loan authorization bylaw or security issuing bylaw of the authority is not required for the borrowing.

Without limiting

section 6, but subject to subsection (1) of this section, the authority may, to carry out its purpose,

borrow sums of money the authority considers necessary, and

on its own, through any fiscal agent it appoints or otherwise, issue securities bearing interest at rates, if any, and payable as to principal and interest in currencies, at places, at times and in a manner the authority determines.

A recital or a declaration in a resolution of the board authorizing the issue of securities, to the effect that the issue of the securities authorized under this

section is being made for the purpose of the authority and that the amount is necessary to realize the net sum required for that purpose, is conclusive evidence of the fact.

The board may, by resolution,

delegate any of the powers of the authority under this

section to any director, committee of directors or officer of the authority or to any person named in a resolution of the board, and

establish requirements for all matters in any way related to the issue, execution and delivery, repayment, refunding, repurchase or redemption of securities of the authority.

The securities of the authority may be made redeemable in advance of maturity at the times and at the prices the authority determines when the securities are issued.

Without limiting

section 6, the authority, on terms it considers necessary or advisable, may do any of the following:

issue or otherwise dispose of the securities of the authority, either at par value or at less or more than par value;

charge, pledge, hypothecate, deposit or otherwise deal with the securities of the authority as collateral security;

enter into any of the following agreements for the purpose of reducing risks or maximizing benefits in relation to the borrowing or investment of money:

currency exchange agreements;

spot and future currency agreements;

iii

interest rate exchange agreements;

future interest rate agreements.

The securities of the authority

must be in the form determined by the board, and

may be held by a depository agency in a book-based system for the central handling of securities that provides for the transfer of the securities by bookkeeping entry without physical delivery of the securities.

Funding major projects

In this section, major project means a project that is proposed by the authority and that both the government and the authority expect

will significantly improve the regional transportation system or will have a significant impact on the authority's ability to maintain the regional transportation system, and

will provide economic benefit to the transportation service region.

The government must enter into negotiations with the authority respecting the government's contribution to the capital costs of a major project.

Rapid Transit Project

The government may plan, acquire and construct the Rapid Transit Project.

Subject to subsection (3), the government must contribute funding for 60% of the capital costs of the Rapid Transit Project and the authority must contribute funding for 40% of the capital costs of the project if

the government plans the acquisition and construction of the project, and

the authority and the government agree on the design, scope and cost of the project.

If the government contributes the funding required under subsection (2), the government must have and must retain, at least until the government's debt obligations associated with financing the government's share of the capital costs have been discharged, a 60% interest in the assets of the Rapid Transit Project.

At the time or times agreed on by the authority and the government, all or any part of the Rapid Transit Project becomes part of the regional transportation system.

Power to exempt

Subject to subsection (2), on the recommendation of the authority, the Lieutenant Governor in Council may, by order, exempt from taxation and payment of fees under, and from licensing requirements under, the Community Charter , the Local Government Act , the Vancouver Charter or the Passenger Transportation Act

the authority or any of its subsidiaries or contractors in relation to the construction, acquisition or operation by any of them of the regional transportation system, and

a municipality in relation to its construction, acquisition or operation of independent transit services approved under

section 5 (1).

An exemption may not be given under subsection (1) in respect of the taxation of real property.

Despite subsections (1) and (2), for the purpose of the construction, acquisition or operation of

the Rapid Transit Project,

another rail transportation system,

a designated project,

a busway, or

a major crossing,

the Lieutenant Governor in Council may, by order, establish exemptions in respect of land or improvements, or both, or in respect of a portion of land or improvements, or both, from taxation under any or all of the Acts referred to in subsection (3.4).

3.1

A tax exemption under subsection (3) may be made with respect to

land, improvements or portions of land or improvements described in the order under that subsection, or

land, improvements or portions of land or improvements that are within a category described in the order.

3.2

3.3

A tax exemption under subsection (3) applies only to the extent that the land or improvement or portion of land or improvement is held, used or occupied for the purpose set out in that subsection.

3.4

A tax exemption under subsection (3) may be provided for the following:

this Act;

the Assessment Authority Act ;

the Community Charter ;

the Hospital District Act ;

the Local Government Act ;

the Municipal Finance Authority Act ;

the Police Act ;

the School Act ;

the Vancouver Charter .

4) and (5

[Repealed 1998-30-34 (5).]

Repealed

34.1

[Repealed B.C. Reg. 59/2018.]

3.1

Development Cost Charges

Definitions

34.2

In this Part:

capital costs includes

planning, engineering and legal costs directly related to the work for which a capital cost may be incurred under this Part, and

interest costs directly related to an eligible project that are approved by the inspector to be included as capital costs;

collection entity means the following, as applicable under the development cost charge bylaw:

a municipality in the transportation service region;

the Metro Vancouver Regional District;

The University of British Columbia;

development means those items referred to in

section 34.21 (1) (

a) and (

b) for which a development cost charge may be imposed;

eligible project means a project to provide, construct, alter or expand assets, facilities and other real or personal property required for the regional transportation system;

inspector means the inspector of municipalities under

section 758 of the Local Government Act ;

subdivision has the same meaning as in

section 455 of the Local Government Act .

Development cost charges — imposition and collection

34.21

Subject to an agreement under

section 34.31, the authority may, by bylaw, for the purpose described in subsection (2) of this section, impose development cost charges on every person who obtains

approval of a subdivision that is within the transportation service region, or

a building permit authorizing the construction, alteration or extension of a building or structure that is within the transportation service region.

Subject to subsection (3), development cost charges may be imposed under subsection (1) for the purpose of providing funds to assist the authority to pay the capital costs of an eligible project to service, directly or indirectly, the development for which the charge is being imposed.

Development cost charges may not be imposed under subsection (1) for the purpose of providing funds to assist the authority to pay capital costs incurred before 2018 or in relation to any of the following:

a motor vehicle, other than a ferry;

a vehicle that may be propelled by muscular power;

a parking facility.

Subject to subsection (5), a development cost charge that is payable under a bylaw under this

section must be paid before or at the time of the approval of the subdivision or the issue of the building permit.

The minister may, by regulation in respect of all or different classes of developments, authorize the payment of development cost charges in instalments and prescribe conditions under which the instalments may be paid.

A collection entity must collect and remit the development cost charges imposed under subsection (1) to the authority in the manner provided for in the development cost charge bylaw or, if applicable, in accordance with a regulation under subsection (5).

Inspector approval required for development cost charge bylaw

34.22

A bylaw that imposes a development cost charge must not be adopted until it has been approved by the inspector.

The inspector may refuse to grant approval under subsection (1) if the inspector determines that

the development cost charge is not related to capital costs attributable to eligible projects included in the investment plan, or

the authority has not properly considered the matters referred to in

section 34.25 (4).

The inspector may revoke an approval under subsection (1) in respect of all or part of a bylaw that imposes a development cost charge.

If the inspector revokes an approval, the part of the bylaw in respect of which the revocation applies has no effect until the authority amends the bylaw and obtains the inspector's approval of the amendment.

The minister may, by regulation, provide exemptions from the requirement in subsection (1) to obtain the approval of the inspector.

Circumstances in which development cost charges are not payable

34.23

A development cost charge is not payable in relation to a development authorized by a building permit that authorizes the construction, alteration or extension of a building or part of a building that is, or will be, after the construction, alteration or extension, exempt from taxation under any of the following:

section 220 (1) (h) [statutory exemption for places of public worship] of the Community Charter ;

section 224 (2) (f) [permissive exemptions in relation to places of public worship] of the Community Charter ;

section 15 (1) (d) [exemption for places of public worship] of the Taxation (Rural Area) Act ;

section 396 (1) (c) (iv) [property tax exemptions — churches] of the Vancouver Charter ;

a law of a treaty first nation that provides for an exemption similar to an exemption under paragraphs (

a) to (

d) of this subsection.

A development cost charge is not payable if a development cost charge has previously been paid for the same development unless, as a result of further development, additional capital cost burdens will be imposed on the authority.

A development cost charge is not payable if the development does not impose additional capital cost burdens on the authority.

Subject to a bylaw under subsection (5), a development cost charge is not payable in relation to a development authorized by a building permit that authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

contain fewer than 4 self-contained dwelling units, and

be put to no use other than the residential use in those dwelling units.

The authority may, in a development cost charge bylaw, provide that a development cost charge is payable under the bylaw in relation to a building permit referred to in subsection (4).

A development cost charge is not payable in relation to the construction, alteration or extension of self-contained dwelling units in a building authorized by a building permit if

subject to a bylaw under subsection (7) or a regulation under subsection (10) (a), each unit is no larger in area than 29 square metres, and

each unit is to be put to no use other than the residential use in those dwelling units.

The authority may, in a development cost charge bylaw, establish an area for the purposes of subsection (6) (

a) that is greater than the area otherwise applicable, subject to the maximum area permitted by regulation under subsection (10) (b).

A development cost charge is not payable in relation to a development authorized by a building permit if the value of the work authorized by the permit does not exceed, as applicable,

$50 000, if no bylaw under subsection (9) or regulation under subsection (10) (

c) applies,

the amount prescribed by regulation under subsection (10) (c), if no bylaw under subsection (9) applies, or

the amount established by bylaw under subsection (9).

The authority may, in a development cost charge bylaw, establish an amount for the purposes of subsection (8) (

c) that is greater than the amount otherwise applicable under subsection (8), subject to the maximum value permitted by regulation under subsection (10) (d).

The minister may, by regulation, do one or more of the following:

prescribe an area for the purpose of subsection (6) (a);

prescribe a maximum area that may be established under subsection (7);

prescribe an amount for the purposes of subsection (8) (b);

prescribe a maximum value that may be established under subsection (9).

Development for which charges may be waived or reduced

34.24

In this section, eligible development means a development that is eligible in accordance with an applicable bylaw under subsection (4) or an applicable regulation under subsection (5) as being for one or more of the following categories:

not-for-profit rental housing, including supportive living housing;

for-profit affordable rental housing;

a subdivision of small lots that is designed to result in low greenhouse gas emissions;

a development that is designed to result in a low environmental impact;

a category prescribed by regulation of the Lieutenant Governor in Council.

Except as authorized under this section, the authority must not waive or reduce a development cost charge.

Subject to a bylaw under subsection (4) and an applicable regulation under subsection (5), the authority may waive or reduce a development cost charge for an eligible development.

For the purposes of subsection (3), the authority, by bylaw,

must establish what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (1),

must establish the amount or rates of reduction for an eligible development, which may be different for different categories of eligible development described in subsection (1) or different classes of eligible development established in the bylaw, and

may establish the requirements that must be met in order to obtain a waiver or reduction under subsection (3) and the conditions on which such a waiver or reduction may be granted.

The minister may make regulations in relation to subsection

(4) establishing,

restricting, or

establishing criteria for determining

what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (1).

The Lieutenant Governor in Council may make regulations prescribing categories for the purposes of paragraph (

e) of the definition of "eligible development" in subsection (1).

Amount of development cost charges to be specified in bylaw

34.25

A development cost charge bylaw must specify the amount of the charge or charges imposed in one or more schedules of development cost charges.

Development cost charges may vary as provided in subsection (3), but must be similar for all developments that impose similar capital cost burdens on the authority.

Development cost charges may vary with respect to one or more of the following:

different zones or different defined or specified areas;

different uses;

different capital costs as they relate to different classes of development;

different sizes or different numbers of lots or units in a development.

In setting development cost charges, the authority must take the following into consideration:

future land use patterns and development;

the phasing of works and services;

how development designed to result in a low environmental impact may affect the capital costs of an eligible project;

whether the charges are excessive in relation to the capital cost of prevailing standards of service in the transportation service region;

whether the charges will, in the transportation service region,

deter development,

discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land, or

iii

discourage development designed to result in a low environmental impact.

The authority must

provide to every collection entity, and

make available to the public on request

the considerations, information and calculations used to determine the

schedule or schedules referred to in subsection (1), except that any information respecting the contemplated acquisition costs of specific properties need not be provided.

Deductions from development cost charges

34.26

Despite a development cost charge bylaw, if

an owner has, with the approval of the authority, carried out or paid the cost of carrying out all or part of an eligible project, outside the boundaries of land being subdivided or developed, and

the cost of the eligible project is included in the calculations used to determine the amount of a development cost charge,

the cost incurred or paid by the owner in respect of the carrying out of the eligible project must be deducted from the development cost charge applicable to the development.

Reserve fund and use of development cost charges

34.27

If the authority receives money from the imposition of a development cost charge, the authority must, by bylaw, establish a reserve fund for that purpose.

Amounts received by the authority under

section 34.21 or 34.31 must be deposited by the authority in, or be credited to, the reserve fund.

Subject to subsection (4), money in the reserve fund, together with interest on it, may be used only for the following purposes:

to pay the capital costs of an eligible project that relate directly or indirectly to the development in respect of which the charge was collected;

to pay principal and interest on a debt incurred by the authority as a result of an expenditure under paragraph (a);

to pay a person subject to a development cost charge for some or all of the capital costs the person incurred in completing an eligible project described in paragraph (

a) if

the project was completed under an agreement between the person and the authority, and

the project is included in the calculations used to determine the amount of that development cost charge.

If the amount to the credit of the reserve fund is greater than required for the purposes set out in subsection (3), the authority may, by bylaw, transfer all or part of the amount to another fund established by the authority for a capital purpose.

A bylaw under subsection (4) must not be adopted until it has been approved by the inspector.

Authority to make payments under subsection (3) must be authorized by resolution of the board.

The inspector may require the authority to provide the inspector with a report

on the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies, and

on waivers or reductions under

section 34.24 (3).

After reviewing a report under subsection (7), the inspector may order the transfer of funds from the reserve fund to another fund established by the authority for a capital purpose.

Effect of bylaws adopted after application for subdivision submitted

34.28

This

section applies in relation to a development cost charge bylaw that is adopted after

an application for a subdivision of land located within a municipality has been submitted to a designated municipal officer and the applicable subdivision fee has been paid,

subject to paragraph (c), an application for a subdivision of land located outside a municipality has been submitted to a district highway manager in a form satisfactory to that official, or

an application for a subdivision of land in respect of a parcel of treaty lands of a treaty first nation has been submitted to the approving officer and the applicable subdivision fee has been paid.

A development cost charge bylaw that would otherwise be applicable to the subdivision has no effect with respect to that subdivision for a period of 12 months after the bylaw is adopted.

Subsection (2) does not apply if the applicant for that subdivision agrees in writing that the bylaw should have effect.

Effect of bylaws adopted after application for rezoning, development permit or building permit submitted

34.29

In this section:

in-stream means not determined, rejected or withdrawn;

issuing entity means the following, as applicable in relation to an application for a building permit, development permit or amendment to a zoning bylaw:

a municipality;

the Metro Vancouver Regional District;

a local trust committee under the Islands Trust Act ;

the board of governors of The University of British Columbia;

the minister authorized to enact bylaws applicable to the University Endowment Land under the University Endowment Land Act ;

precursor application means, in relation to a building permit,

the application for the issuance of the building permit, if the application has been submitted in accordance with the applicable procedures established by the issuing entity and the applicable fee has been paid,

an application for the issuance of a development permit, if

the application has been submitted in accordance with the applicable procedures established by the issuing entity and the applicable fee has been paid, and

the development authorized by the building permit is entirely within the area of land that is the subject of the application, or

an application for an amendment to a zoning bylaw, if

the application has been submitted in accordance with the applicable procedures established by the issuing entity and the applicable fee has been paid, and

the development authorized by the building permit is entirely within the area of land to which the application relates.

A development cost charge bylaw that would otherwise be applicable to the construction, alteration or extension of a building or structure has no effect with respect to that construction, alteration or extension if

the building permit authorizing that construction, alteration or extension is issued within 12 months after the date the bylaw is adopted, and

a precursor application in relation to that building permit is in-stream on the date the bylaw is adopted.

Subsection (2) does not apply if the applicant for that building permit agrees in writing that the development cost charge bylaw should have effect.

Records relating to development cost charges

34.3

Each collection entity must

maintain records in accordance with a development cost charge bylaw, and

permit an employee or agent of the authority to inspect and make copies of those records.

Agreement with collection entity to replace development cost charges with payment

34.31

The authority and a collection entity may enter into an agreement under which

the authority agrees that all, or a portion of, the development cost charges that would otherwise apply are not required to be collected and remitted by the collection entity, and

the collection entity agrees to pay to the authority an amount equal to the development cost charges given up by the agreement.

If an agreement under subsection (1) applies, the collection entity must make payments to the authority in accordance with the agreement.

Transition

Exemptions from consultation requirements

The authority need not consult under

section 15 in relation to the following:

the first bylaw made under

section 25 (2);

the first bylaw made under

section 29 (2).

Interim funding

By December 31, 1999, the authority must pay to the government any amount, to a maximum of $2.5 million, advanced by the government before the coming into force of this

section to fund the activities required to prepare for the implementation of this Act.

Transferred employees

In this Act, transferred employee means a designated employee who is transferred by an order made under subsection (2).

Subject to subsection (3), the Lieutenant Governor in Council may, for the purpose of effecting a transfer of a designated employee under this section, make an order

naming the authority or any of its subsidiaries to be the employer to whom the designated employee is transferred, and

setting transfer dates.

An order under subsection (2) in relation to designated employees referred to in paragraph (

c) of the definition of "designated employees" in

section 1 may only be made on the recommendation of the authority.

An order under subsection (2) may transfer individual designated employees or one or more classes of designated employees.

On the transfer date set by an order under subsection (2), a designated employee who is identified in the order or who is a member of a class of designated employees identified in the order

ceases to be an employee of an employer described in the definition of "designated employees", and

becomes an employee of whichever of the following is named in the order as the employer:

the authority;

a subsidiary.

Nothing in this

section affects the rights any transferred employee has under a collective agreement with respect to a transfer.

A transferred employee must not suffer a reduction in seniority, salary or superannuation, pension plan or other benefits merely because the transferred employee's employment has been transferred under this section.

A question or difference between an employer to whom a designated employee is transferred under this

section and

a transferred employee who is a member of a unit of employees for which a trade union has been certified under the Labour Relations Code , or

a trade union representing transferred employees,

respecting the application of the Labour Relations Code or the

interpretation or application of this section, may be referred to the Labour Relations Board in accordance with the procedure set out in the Labour Relations Code and its regulations.

The Labour Relations Board may, in respect of a question or difference referred to in subsection (8) of this section, decide the question or difference in any of the ways, and by applying any of the remedies, available under the Labour Relations Code .

Transfer of assets and liabilities

For greater certainty but without limiting any other provision of this Act, in this

section and in sections 39, 40 and 42:

asset includes rights and property;

liability includes obligations.

Subject to any orders made under subsection (10) (a), on the date that this subsection comes into force,

all assets and liabilities of BC Transit that are located in the transportation service region or are associated with the provision of transportation services in that region, become the assets and liabilities of the authority, and

BC Transit is released from those liabilities.

On the date that