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1998/99 Legislative Session: 3rd Session, 36th Parliament

FOR REPORT

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 13th day

of July, 1999

Ian D. Izard, Law Clerk

HONOURABLE JENNY KWAN

MINISTER OF MUNICIPAL AFFAIRS

BILL 88 – 1999

LOCAL GOVERNMENT STATUTES

AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Part 1 – Municipal Act Amendments

Section 2 (

b) of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the

following substituted:

(

b) providing the services and other things that the local

government considers are necessary or desirable for all or part of its community, .

Section 3 is renumbered as

section 3 (1) and the following subsection is added:

(2) For certainty, subject to subsection (1), if this Act confers

a specific power on local governments in relation to a matter that can be read as coming

within a general power also conferred by this Act, the general power is not to be

interpreted as being limited by the specific power.

Section 5 is amended

(

a) by repealing the

definitions of "collector" , "local

court of revision" , "municipality" , "partnering

agreement" and "regional district" and substituting the

following:

"collector" means the designated municipal

officer assigned responsibility as collector of taxes for the municipality;

"local court of revision" means the local court

of revision under Division 2 [Parcel Taxes] of

Part 10.1 [Taxes, Fees and

Charges];

"municipality" means

(

a) a municipality incorporated under this or any other Act, or

(

b) if the context requires, the geographic boundaries of a

municipality referred to in paragraph (a),

but does not include the City of Vancouver, a regional district or

an improvement district;

"partnering agreement" means an agreement between

a local government and a person or public authority under which the person or public

authority agrees to provide a service on behalf of the local government, other than

(

a) a service referred to in

section 517 (2) (a) [municipal

general administrative services], or

(

b) a service referred to in

section 797 (1) (

a) and (b) [regional

district general and electoral area administrative services];

"regional district" means

(

a) a regional district incorporated under this Act, or

(

b) if the context requires, the geographic boundaries of a

regional district referred to in paragraph (a); , and

(

b) by adding the following

definitions:

"annual property tax bylaw" means a bylaw under

section 359;

"assessment roll" means

(

a) in relation to a property value tax, an assessment roll under

the Assessment Act,

(

b) in relation to a parcel tax, an assessment roll under Division

2 [Parcel Taxes] of

Part 10.1 [Taxes, Fees and Charges], and

(

c) in relation to a tax under

Part 23 [Improvement Districts],

an assessment roll under Division 3 [Taxes and Cost Recovery] of that Part;

"converted value of land and improvements" means

the net taxable value of land and improvements multiplied by a percentage prescribed by

the Lieutenant Governor in Council;

"general tax collection scheme" means the general

tax collection scheme under

section 366;

"impose" includes levy;

"municipal tax collection scheme" means a

municipal tax collection scheme under

section 367;

"parcel tax" means a tax imposed on the basis of

(

a) a single amount for each parcel,

(

b) the taxable area of a parcel, or

(

c) the taxable frontage of a parcel;

"property class" means a property class under the

Assessment Act;

"property value tax" means a tax imposed on the

basis of the value of land or improvements or both;

"service" in relation to a municipality or

regional district means activities, works or facilities undertaken or provided by or on

behalf of the municipality or regional district; .

Section 5 is amended

(

a) by repealing the definition of "municipal administrative body" ,

and

(

b) by adding the following

definitions:

"financial plan" in relation to a municipality

means the current financial plan under

section 327 [financial plan];

"loan authorization bylaw" means a bylaw under

section 335 [municipal loan authorization bylaws] or 831 [regional district loan

authorization bylaws], as applicable;

"security issuing bylaw" means a bylaw under

section 335.3 [municipal security issuing bylaws] or 833 [regional district

security issuing bylaws], as applicable; .

Section 5 is amended by repealing the definition of "business

licence" and substituting the following:

"business licence" means a licence required under

Division 2 [Business Licensing] of

Part 20 [Business Regulation and Licensing];

Section 6.6 (3) is amended by adding the following paragraph:

(b.1) prescribing percentages for the purpose of determining the

converted value of land and improvements, which may be different percentages for different

classes of property under the Assessment Act; .

Section 10 (4) is repealed.

Section 13 (3) (

a) is repealed and the following substituted:

(

a) provide that sections 334 (2) to (5) [limit on borrowing], 335.1

[counter petition opportunity required for borrowing] and 646 (7) [services for

specified areas] do not apply, but that the inspector may direct that the assent of

the electors be obtained or that the electors be provided with a counter petition

opportunity in relation to the proposed bylaw; .

Section 33 is amended by adding the following

definitions:

"candidate" means

(

a) a person who is declared to be a candidate under

section 74 [declaration

of candidates], and

(

b) for the purposes of Division 8 [Campaign Financing], includes

a person who accepts campaign contributions or incurs election expenses with the intention

(

i) becoming a candidate in an election, or

(ii) seeking the endorsement of an elector organization for an

election;

"endorse" means, in relation to an elector

organization, endorsement under

section 79 [ballot showing candidate endorsement by

elector organization]; .

Section 37 (1) (

c) is repealed and the following substituted:

(

c) the office becomes vacant under

section 92 [disqualification

for failure to file disclosure statement] or 211 [disqualification for failure to

make oath or attend meetings]; .

Section 39 (1) is amended by striking out "section 543"

and substituting "section 551 [regulation of signs and advertising] " .

Section 46 (2) (

b) is repealed and the following substituted:

(

b) order a person to leave the place where the proceedings are

being conducted and the immediate vicinity of that place, if the circumstances referred to

in subsection (3) (

a) to (

d) occur; .

Section 53 (1) (

a) is repealed and the following substituted:

(

a) at the time of voting in accordance with

section 57 or 57.1,

or .

Section 54 is repealed and the following substituted:

Voting day registration only

54 A local government may, by bylaw, limit registration of

electors to registration at the time of voting.

Section 57 is repealed and the following substituted:

How to register as a resident elector at the time of voting

(1) A person may register as a resident elector

immediately before voting by

(

a) either

(

i) delivering an application form in accordance with

section 55 [application

for registration] to the election official responsible at the place where the person

is voting, or

(ii) providing to that official the information required under

that

section in the manner established by the chief election officer, and

(

b) satisfying that official of the applicant's identity and place

of residence in accordance with subsection (2).

(2) For the purposes of subsection (1) (b), an individual may

either

(

a) produce to the election official at least 2 documents that

provide evidence of the applicant's identity and place of residence, at least one of which

must contain the applicant's signature, or

(

b) produce to the election official at least 2 documents that

provide evidence of the applicant's identity, at least one of which must contain the

applicant's signature, and make a solemn declaration as to the applicant's place of

residence within the meaning of

section 52 [rules for determining residence].

(3) Documents accepted under subsection (2) must either be

documents prescribed as acceptable under

section 156 [regulations] or provide

evidence satisfactory to the election official respecting the matter.

(4) The election official registering an elector under this

section must note on the application the nature of the documents produced for the purposes

of subsection (1) (b).

(5) The election official responsible for receiving application

forms under subsection (1) is the presiding election official or another election official

designated by the presiding election official.

How to register as a non-resident property elector at the time of

voting

57.1

(1) A person may register as a non-resident property

elector immediately before voting by

(

a) either

(

i) delivering an application form in accordance with

section 55 [application

for registration] to the election official responsible at the place where the person

is voting, or

(ii) providing to that official the information required under

that

section in the manner established by the chief election officer,

(

b) satisfying that official of the applicant's identity in

accordance with subsection (2), and

(

c) delivering a certificate under

section 58 [non-resident

property elector certificate] to that official.

(2) For the purposes of subsection (1) (b), an individual must

produce to the election official at least 2 documents that provide evidence of the

applicant's identity, at least one of which must contain the applicant's signature.

(3) Section 57 (3) to (5) applies for the purposes of this

section.

Section 58 is amended

(

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

(1) In order to obtain a certificate required to register under

section 57.1, a person may apply as follows:

(

a) during voting hours when voting proceedings are being

conducted for advance voting or general voting, at the place and to the official

designated by the chief election officer;

(

b) at any time during regular office hours for the local

government, by applying at the local government offices to the designated local government

officer or another local government official authorized by the designated local government

officer;

(

c) if the chief election officer makes additional provision for

the purposes of this subsection, by applying at a place and to an official designated by

the chief election officer. , and

(

b) in subsection (3) by striking out "if the person proposing to

register provides" and substituting "if the applicant

provides" .

Section 61 (5) (

a) is repealed and the following substituted:

(

a) must add to the register persons who have registered in

accordance with

section 56, 57 or 57.1, .

Section 62 (6) is repealed and the following substituted:

(6) At least 6 but not more than 30 days before the first day on

which the list of registered electors is required to be available under subsection (3),

notice must be given in accordance with

section 44 [public notices] that

(

a) a copy of the list of registered electors will be available

for public inspection at the local government offices during its regular office hours from

the date specified in the notice until the close of general voting for the election,

(

b) an elector may request that personal information respecting

the elector be omitted from or obscured on the list in accordance with

section 63 [protection

of privacy], and

(

c) an objection to the registration of a person as an elector may

be made in accordance with

section 64 [objections] before 4 p.m. on the 36th day

before general voting day.

Section 63 is repealed and the following substituted:

Protection of privacy

63 If requested by an elector in order to protect the

privacy or security of the elector, the chief election officer must amend a list of

registered electors that is to be available for public inspection, or that is to be

provided under

section 62 (8) [list provided to candidates], by omitting or

obscuring the address of the elector or other information about the elector.

Section 66 (2) (

d) is repealed and the following substituted:

(

d) a person who is disqualified under

section 92 [failure to file disclosure statement],

section 92.4 [disqualification for false or incomplete

reports],

section 211 [failure to make oath or attend meetings], or

section 338 [liability for use of money contrary to Act]; .

Section 72 (2) (

b) is repealed and the following substituted:

(

b) a solemn declaration of the person nominated, either made in

advance or taken by the chief election officer at the time the nomination documents are

delivered,

(

i) that he or she is qualified under

section 66 [who may hold

office] to be nominated for the office, and

(ii) that, to the best of the person's knowledge, the information

provided in the nomination documents is true; .

22 The following

section is added:

Nomination deposits

72.1

(1) The local government may, by bylaw, require that a

nomination for mayor, councillor or electoral area director be accompanied by a nomination

deposit.

(2) The amount of a required nomination deposit may be different

for the different offices referred to in subsection (1), but must not be greater than

$100.

(3) A nomination deposit must be held by the chief election

officer to be dealt with as follows:

(

a) if the person nominated is not declared to be a candidate

under

section 74 [declaration of candidates], the deposit is to be returned to the

person or to the financial agent of the person;

(

b) if the person nominated files a disclosure statement as

required by

section 90 or as the requirements of that

section are modified by court order

under

section 91 [court order for relief], the deposit is to be returned to the

person or the financial agent of the person;

(

c) in other cases, the deposit is forfeited and is to be paid to

the local government.

Section 73 is amended

(

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

(1) In order to make a nomination,

(

a) the nomination documents required by

section 72, and

(

b) if applicable, the nomination deposit required under

section

72.1

must be received before the end of the nomination period by the

chief election officer or a person designated by the chief election officer for this

purpose. ,

(

b) in subsections (2) and (3) by striking out "nomination

documents" and substituting "the nomination documents and

nomination deposit" , and

(

c) by adding the following subsection:

(5.1) After receiving nomination documents, the chief election

officer must review the list under

section 92.3 [disqualification list] to

determine whether an application must be made under

section 75 (3.2) [challenge

required if candidate or organization appears to be disqualified].

Section 75 (3) is repealed and the following substituted:

(3) A challenge may be made only by a person who is an elector of

the jurisdiction, by another nominee or by the chief election officer.

(3.1) A challenge may only be made on one or more of the following

bases:

(

a) that the person is not qualified to be nominated or elected;

(

b) that the nomination was not made in accordance with sections

71 to 73;

(

c) that the usual name given under

section 72 (1) (

b) in the

nomination documents is not in fact the usual name of the person;

(

d) that the person is not in fact endorsed by the elector

organization named in the nomination documents;

(

e) that the named organization is not an elector organization

within the meaning of

section 79 [endorsement of candidate];

(

f) that the named organization is disqualified from endorsing a

candidate under

(

i) section 92.1 [failing to file disclosure statement] or

section 92.5 [false or incomplete reports] of this Act,

(ii)

section 64.1 [failing to file disclosure statement] or

section 64.4 [false or incomplete reports] of the Vancouver Charter, or

(iii) a

section referred to in subparagraph (

i) or (ii) as they apply as it applies

for the purposes of another Act.

(3.2) The chief election officer must commence a challenge under

this

section if, on a review under

section 73 (5.1) [review of disqualification list],

it appears to the chief election officer that a person is disqualified from being

nominated or that an organization named in the nomination documents is disqualified from

endorsing a candidate.

Section 77 (2) is amended by adding the following paragraphs:

(c.1) the documents that will be required in order for a person to

register as an elector at the time of voting;

(c.2) the place where persons may apply on general voting day for

non-resident property elector certificates required in order to register at the time of

voting; .

Section 83 is amended

(

a) by repealing the definition of "candidate" ,

(

b) in the definition of "campaign contribution" by striking out

"of an election campaign;" and substituting "of an

election campaign, including the amount of any money provided by a candidate in relation

to the person's election campaign;" , and

(

c) by adding the following

definitions:

"disclosure statement" means a disclosure

statement under

section 90;

"late filing period" means the period specified

under

section 90.2 (a) [30 day late filing period for disclosure statements];

"supplementary report" means a supplementary

report under

section 90.1.

Section 84 (1) is amended by adding the following paragraph:

(a.1) to promote the selection of the person to be endorsed by an

elector organization or to oppose the selection of another person; .

Section 85 (3) is amended by striking out "may" and

substituting "must" .

29 The following

section is added:

Campaign accounts

85.1 The financial agent must

(

a) open one or more campaign accounts at a savings institution,

exclusively for the purposes of the election campaign and in the name of the candidate's

or elector organization's election campaign, as applicable,

(

b) ensure that all campaign contributions of money are deposited

into the campaign accounts, and

(

c) ensure that all payments for election expenses are made from

the campaign accounts.

Section 88 is repealed and the following substituted:

Financial agent must record contributions and expenses

(1) For the purposes of complying with the reporting

requirements of this Division, a financial agent must record the following for each

campaign contribution made to the candidate or elector organization for whom the financial

agent is acting:

(

a) the value of the contribution;

(

b) the date on which the contribution was made;

(

c) the full name and address of the contributor, unless it is an

anonymous contribution;

(

d) the class of the contributor as described in subsection (3);

(

e) if the contributor is a numbered corporation or an

unincorporated organization, the full names and addresses of at least 2 individuals

(

i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal

officers or principal members of the organization.

(2) Subsection (1) does not apply to campaign contributions of

services referred to in

section 89 (2) [services deemed to have nil value] .

(3) Contributors must be classified as follows:

(

a) individuals;

(

b) corporations;

(

c) unincorporated organizations engaged in business or commercial

activity;

(

d) trade unions;

(

e) non-profit organizations;

(

f) other contributors.

(4) The financial agent must maintain records of election expenses

sufficient to meet the requirements of this Division.

(5) The records required by this

section must be retained by the

financial agent, candidate or elector organization until 7 years after general voting day

for the election to which they relate.

31 The following

section is added:

Transfer of candidate's surplus campaign funds

89.1

(1) This

section applies if, after the election and

after the payment of a candidate's election expenses and any other reasonable expenses

incidental to the candidate's election campaign, there is a balance remaining in an

account referred to in

section 85.1 [campaign accounts] for the candidate.

(2) If the candidate made campaign contributions in relation to

his or her election campaign, the financial agent may refund the campaign contributions to

the candidate, to the extent that the total balance in the accounts permits this.

(3) If, after any refund under subsection (2), the total balance

in the accounts is less than $500, the financial agent may pay the balance to the

candidate or in accordance with the directions of the candidate.

(4) If, after any refund under subsection (2), the total balance

in the accounts is $500 or more, the financial agent of the candidate must pay the balance

as soon as practicable to the municipality or regional district for which the election was

held.

(5) Funds received by a municipality or regional district under

subsection (4), including accumulated interest, must be held in trust by the municipality

or regional district to be dealt with as follows:

(

a) if the person in respect of whom they were paid is a candidate

within the meaning of

section 74 [declaration of candidates] in an election for the

municipality or regional district in the next general local election or in a by-election

called before that time, the municipality or regional district must pay the funds to the

financial agent of the candidate for use in the election;

(

b) if the funds are not paid out under paragraph (a), the funds

cease to be trust funds and become part of the general revenue of the municipality or

regional district.

32 Sections 90 to 93 are repealed and the following substituted:

Duty to file disclosure statement

(1) Within 120 days after general voting day for an

election, the financial agent of

(

a) each person who was declared to be a candidate under

section

74, and

(

b) each elector organization

must file with the designated local government officer a

disclosure statement in accordance with this section.

(2) The candidate or elector organization must ensure that the

financial agent files a disclosure statement in accordance with this section.

(3) For certainty, a disclosure statement is required even if the

candidate receives no campaign contributions, incurs no election expenses, is acclaimed,

dies, withdraws from the election or is declared by a court to no longer be a candidate.

(4) A disclosure statement must include the following in relation

to the election campaign of the candidate or elector organization:

(

a) the total amount of campaign contributions;

(

b) for each person or unincorporated organization who made a

campaign contribution of $100 or more, the information referred to in

section 88 (1) (

a) to (e) [records of contributions] other than the address of an individual;

(

c) for each anonymous campaign contribution that was given to the

municipality or regional district under

section 87 (2), the information referred to in

section 88 (1) (

a) and (b) [records of contributions];

(

d) for contributions not referred to in paragraph (

b) or (c), the

total value of the campaign contributions received and the total number of contributors

from whom they were received;

(

e) the total amount of election expenses;

(

f) the total amount of election expenses in each class prescribed

by regulation under

section 156;

(

g) any transfers received from the municipality or regional

district under

section 89.1 (5) (a) [transfer of candidate's surplus election funds];

(

h) any balance for a candidate as referred to in

section 89.1 (1)

[candidate's surplus election funds], or any equivalent deficit, on the day the

report is prepared;

(

i) if there was a surplus as referred to in

section 89.1 (1) [candidate's

surplus election funds], how that surplus was dealt with;

(

j) any other information required by regulation under

section

(5) For the purposes of this section, if a person or

unincorporated organization makes more than one campaign contribution to a candidate or

elector organization, the person or organization is deemed to have made a single campaign

contribution in an amount equal to the total value of the actual campaign contributions.

(6) The disclosure statement must be accompanied by solemn

declarations of the financial agent and of the candidate or elector organization official

identified under

section 79 (3) (f) [chief official of organization] that, to the

best of the knowledge, information and belief of the person making the declaration,

(

a) the disclosure statement completely and accurately discloses

the required information, and

(

b) the requirements of this Division have been met in relation to

the election campaign of the candidate or elector organization, as applicable.

Duty to file supplementary reports

90.1

(1) A supplementary report must be filed with the

designated local government officer within 30 days after the financial agent, or the

candidate or elector organization for whom a disclosure statement was filed, becomes aware

that

(

a) any of the information reported in the disclosure statement

has changed, or

(

b) the disclosure statement did not completely and accurately

disclose the information required to be included in the disclosure statement.

(2) A supplementary report under this

section must

(

a) report the new information in accordance with the requirements

section 90 [disclosure statements], and

(

b) state the circumstances that have led to the filing of the

report.

(3) A supplementary report under this

section must be accompanied

by solemn declarations of the financial agent and of the candidate or elector organization

official identified under

section 79 (3) (f) [chief official of organization] that,

to the best of the knowledge, information and belief of the person making the declaration,

(

a) the report completely and accurately discloses the required

information, and

(

b) the requirements of this Division have been met in relation to

the election campaign of the candidate or elector organization, as applicable.

Late filing of disclosure statements

90.2 The disqualifications under sections 92 [candidate

disqualification for failure to file disclosure statement] and 92.1 [elector

organization disqualification for failure to file disclosure statement] do not apply

in the following circumstances:

(

a) if the disclosure statement is filed within 30 days after the

time period established by

section 90 (1) [duty to file disclosure statement] and a

late filing penalty of $500 is paid to the municipality or regional district;

(

b) if an order under

section 91 relieves the candidate or elector

organization from the obligation to file the disclosure statement;

(

c) if

(

i) an order under

section 91 does not relieve the candidate or

elector organization from the obligation to file the disclosure statement but does provide

other relief, and

(ii) the disclosure statement complies with the order and is filed

by the end of the late filing period under paragraph (

a) or the time set for filing by the

order, as applicable.

Court order for relief from filing obligations

(1) A candidate or elector organization may apply to the

Supreme Court in accordance with this

section for relief from an obligation to file a

disclosure statement or supplementary report.

(2) An application in relation to a disclosure statement must be

made before the end of the late filing period, but an application in relation to a

supplementary report may be made at any time.

(3) No later than 7 days after a petition commencing an

application is filed in the court registry, it must be served on the municipality or

regional district in relation to which the election was held.

(4) No later than 14 days after the petition is filed, the

applicant must apply to have the matter set down for hearing by the Supreme Court and the

date set by the court for hearing must be no later than 28 days after the petition is

filed.

(5) On the hearing of an application, the court may do the

following:

(

a) relieve the candidate or elector organization

(

i) from the obligation to file the disclosure statement or

supplementary report, or

(ii) from specified obligations in relation to the statement or

report,

if the court considers that, in relation to the non-compliance,

the financial agent and, if applicable, the candidate have acted in good faith;

(

b) grant an extension of the time for filing if the court

considers that, in relation to the non-compliance, the financial agent and, if applicable,

the candidate have acted in good faith;

(

c) make any additional order the court considers appropriate to

secure compliance with this Division to the extent the court considers reasonable in the

circumstances;

(

d) refuse to grant an extension or other relief.

(6) If the court grants an extension under subsection (5) (

b) for

a disclosure statement, the order must specify whether the penalty referred to in

section

90.2 (a) [late filing period] must be paid in order for the statement to be filed.

Candidate disqualification for failure to file disclosure

statement

(1) Unless a court order under

section 91 [court

order for relief] relieves the candidate from the obligation to file a disclosure

statement, a candidate for whom the disclosure statement is not filed before the end of

the late filing period is subject to the following penalties:

(

a) in the case of a candidate who is declared elected, at the

applicable time under subsection (2) the council member ceases to hold office and the seat

of the member becomes vacant;

(

b) in all cases, from the applicable time under subsection

(2) the person is disqualified from being nominated for, elected to or holding office on a

local government, the council of the City of Vancouver or a board of school trustees, or

as a local trustee of the Islands Trust, until after the next general local election.

(2) The time at which a candidate becomes subject to the penalties

under subsection (1) is as follows:

(

a) if no application under

section 91 is commenced, at the end of

the late filing period;

(

b) if an application under

section 91 is commenced but the matter

is not set for hearing in accordance with

section 91 (4), 15 days after the petition was

filed;

(

c) if, on an application under

section 91, the Supreme Court

refuses to grant relief from the obligation to file the disclosure statement, at the time

of that decision;

(

d) if, on an application under

section 91, the Supreme Court

grants relief but the candidate does not comply with the court order, at the end of the

late filing period or at the time set for filing by the order, as applicable.

(3) If a person who is subject to subsection (2) (

c) or (

d) appeals the decision of the Supreme Court, the appeal does not operate to stay the

penalties under this section.

(4) On the final determination of an appeal, if the court relieves

the candidate from the obligation to file the disclosure statement, or grants other relief

and the candidate complies with the court order,

(

a) if the term of office for which the candidate was elected has

not ended,

(

i) the candidate is entitled to take office for any unexpired

part of the term, and

(ii) if the candidate exercises this right, any person currently

holding the office ceases to hold office, and

(

b) the candidate is entitled to be elected at any following

election if otherwise qualified.

Elector organization disqualification for failure to file

disclosure statement

92.1

(1) Unless a court order under

section 91 [court

order for relief] relieves the elector organization from the obligation to file a

disclosure statement, an elector organization for whom the disclosure statement is not

filed before the end of the late filing period is disqualified from endorsing a candidate

under

section 79 of this Act,

section 51 of the Vancouver Charter, or those

sections as they apply for the purposes of another Act, until after the next

general local election.

(2) The time at which an elector organization becomes subject to

the penalty under subsection (1) is as follows:

(

a) if no application under

section 91 is commenced, at the end of

the late filing period;

(

b) if an application under

section 91 is commenced but the matter

is not set for hearing in accordance with

section 91 (4), 15 days after the petition was

filed;

(

c) if, on an application under

section 91, the Supreme Court

refuses to grant relief from the obligation to file the disclosure statement, at the time

of that decision;

(

d) if, on an application under

section 91, the Supreme Court

grants relief but the elector organization does not comply with the court order, at the

end of the late filing period or at the time set for filing by the order, as applicable.

(3) If an elector organization that is subject to subsection (2)

(

c) or (

d) appeals the decision of the Supreme Court, the appeal does not operate to stay

the penalty under this section.

Public notice of failure to file

92.2

(1) Reports respecting the following must be presented

at an open meeting of the local government of the municipality or regional district in

relation to which the election was held:

(

a) the name of any candidate or elector organization for whom a

disclosure statement is not filed within the time period under

section 90 (1) [duty to

file disclosure statement];

(

b) the name of any candidate or elector organization for whom a

disclosure statement is not filed by the end of the late filing period;

(

c) the name of any candidate who is subject to a penalty under

section 92 [candidate disqualification for failure to file] or any elector

organization that is subject to a penalty under

section 92.1 [organization

disqualification for failure to file].

(2) A report under subsection (1) must be presented as soon as

practicable after the local government officer assigned responsibility under

section 198 [corporate

administration] becomes aware of the applicable circumstances referred to in that

subsection.

(3) The local government officer assigned responsibility under

section 198 [corporate administration] must send to the inspector a copy of any

report under subsection (1) (c), together with a copy of the nomination under

section 72

(1) for the candidate or a copy of the solemn declaration under

section 79 (2) [endorsement

declaration] for the elector organization, as applicable.

Disqualification list

92.3 The inspector must have available for public

inspection a list of the individuals and organizations identified in a report under

(

a) section 92.2 (3) [report to inspector respecting

disqualification for failure to file disclosure statement],

(

b) section 64.2 (3) of the Vancouver Charter, or

(

c) a

section referred to in paragraph (

a) or (

b) as they apply as it applies

for the purposes of another Act.

Candidate disqualification for false or incomplete reports

92.4

(1) Subject to subsection (3), if

(

a) a disclosure statement for a candidate does not comply with

the requirements of

section 90 (4), subject to any relief in relation to those

requirements provided by court order under

section 91, or

(

b) a supplementary report for a candidate does not comply with

the requirements of

section 90.1 (2), subject to any relief in relation to those

requirements provided by court order under

section 91,

the candidate is disqualified from being nominated for, elected to

or holding office on a local government, the council of the City of Vancouver or a board

of school trustees, or as a local trustee of the Islands Trust, until after the next

general local election.

(2) For certainty, if a candidate is disqualified by reason of

subsection (1) (a), the filing of a supplementary report does not relieve the candidate

from the disqualification.

(3) A candidate is not disqualified under subsection (1) if he or

she exercised due diligence to ensure that the applicable requirements were met.

Elector organization disqualification for false or incomplete

reports

92.5

(1) Subject to subsection (3), if

(

a) a disclosure statement for an elector organization does not

comply with the requirements of

section 90 (4), subject to any relief in relation to those

requirements provided by court order under

section 91, or

(

b) a supplementary report for an elector organization does not

comply with the requirements of

section 90.1 (2), subject to any relief in relation to

those requirements provided by court order under

section 91,

the elector organization is disqualified from endorsing a

candidate under

section 79 of this Act or

section 51 of the Vancouver Charter, or

those sections as they apply for the purposes of another Act, until after the next

general local election.

(2) For certainty, if an elector organization is disqualified by

reason of subsection (1) (a), the filing of a supplementary report does not relieve the

elector organization from the disqualification.

(3) An elector organization is not disqualified under subsection

(1) if its financial agent exercised due diligence to ensure that the applicable

requirements were met.

Disclosure statements and supplementary reports to be available

for public inspection

(1) The disclosure statements and signed declarations

under

section 90 and the supplementary reports and signed declarations under

section 90.1

must be available for public inspection in the local government offices during its regular

office hours from the time of filing until 7 years after general voting day for the

election to which they relate.

(2) Before inspecting a document referred to in subsection (1), a

person other than a local government officer or employee acting in the course of duties

must sign a statement that the person will not inspect the document or use the information

in it except for the purposes of this Part.

Section 97 (6) is repealed and the following substituted:

(6) At least 6 but not more than 30 days before a required advance

voting opportunity, the chief election officer must give notice in accordance with

section

44 [public notices] of

(

a) the date, location of the voting places and voting hours for

the voting opportunity,

(

b) the documents that will be required in order for a person to

register as an elector at the time of voting, and

(

c) the place where persons may apply on an advance voting day for

non-resident property elector certificates required in order to register at the time of

voting.

Section 102 (3) and (4) is repealed and the following substituted:

(3) If a bylaw under subsection (1) includes only provisions

referred to in subsection (2), to the extent there is an inconsistency between the

procedures, rules and requirements established by the bylaw and the procedures, rules and

requirements established by or under this Part, the bylaw prevails.

(4) If a bylaw under subsection (1) includes provisions other than

those referred to in subsection (2) and is approved by the minister, to the extent that

there is an inconsistency between the procedures, rules and requirements established by

the bylaw and the procedures, rules and requirements established by or under this Part,

the bylaw prevails.

Section 103 (1) to (4) is repealed and the following substituted:

(1) A council may, by bylaw,

(

a) establish municipal voting divisions, or

(

b) authorize the designated municipal officer or chief election

officer to establish municipal voting divisions.

(2) The authority under subsection (1) is subject to any

requirements, limits and conditions established by regulation under

section 156.

(3) Subject to subsection (4), if municipal voting divisions are

established,

(

a) electors who reside in a municipal voting division, and

(

b) electors who are non-resident property electors in relation to

property within the voting division

may vote on general voting day only at the voting place specified

for that voting division.

(4) The restriction under subsection (3) does not apply to voting

at an additional general voting opportunity or a special voting opportunity.

Section 115 (1) (

a) is repealed and the following substituted:

(

a) if the person is not shown on the list of registered electors

as having registered in advance, the person must register in accordance with

section 57 or

57.1; .

Section 147 (2) is repealed and the following substituted:

(2) If a person who is declared disqualified to hold office by the

Supreme Court appeals the decision, the appeal does not operate as a stay of the

declaration and the person is disqualified pending the final determination of the appeal.

37.1

Section

150 (6) (

a) is repealed.

38 The following

section is added:

Prohibition against certain election advertising on general

voting day

152.1

(1) For the purposes of this section:

"election advertising" means advertising used

(

a) to promote or oppose, directly or indirectly, the election of

a candidate, or

(

b) to promote or oppose, directly or indirectly, an elector

organization that is endorsing a candidate;

"sponsor" means

(

a) a person who is liable to pay for election advertising, or

(

b) if the services of conducting the election advertising are

provided without charge as a campaign contribution within the meaning of Division 8 [Campaign

Financing], the candidate or elector organization to whom the services are provided as

a contribution.

(2) On general voting day, a person must not conduct election

advertising by publishing it in a newspaper or magazine or on radio or television.

(3) A person must not act as sponsor or agree to act as sponsor of

election advertising that is or is to be conducted on general voting day by a means

referred to in subsection (1), whether the publication is done within British Columbia or

outside British Columbia.

Section 153 (5) is repealed and the following substituted:

(5) In relation to Division 8 [Campaign Financing] of this

Part, a person must not contravene any of the following:

section 85.1 [campaign accounts];

section 86 [restrictions on accepting contributions and

incurring expenses];

section 87 [restrictions on making campaign contributions];

section 89.1 (4) [transfer of candidate's surplus];

section 90 [duty to file disclosure statements].

40 The following

section is added:

Prosecution of organizations and their directors and agents

153.1

(1) An act or thing done or omitted by an officer,

director, employee or agent of an organization within the scope of the individual's

authority to act on behalf of the organization is deemed to be

an act or thing done or

omitted by the organization.

(2) If an organization commits an offence under this Part, an

officer, director, employee or agent of the organization who authorizes, permits or

acquiesces in the offence commits the same offence, whether or not the organization is

convicted of the offence.

(3) A prosecution for an offence under this Part may be brought

against an unincorporated organization in the name of the organization and, for these

purposes, an unincorporated organization is deemed to be a person.

Section 154 is amended

(

a) in subsection (2) by striking out "section 153" and

substituting "section 152.1 or 153" , and

(

b) by adding the following subsection:

(4) A person is not guilty of an offence under this

Part if the

person exercised due diligence to prevent the commission of the offence.

Section 156 (2) is amended

(

a) by adding the following paragraph:

(a.1) prescribing classes of documents that may be accepted as

evidence for the purpose of

section 57 [how to register as a resident elector at the

time of voting] or 57.1 [how to register as a non-resident property elector at the

time of voting]; ,

(

b) in paragraph (

b) by striking out "section 67;" and

substituting "section 67," , and

(

c) by repealing paragraph (

e) and substituting the following:

(

e) prescribing classes of election expenses for the purposes of

section 90 (4) (f) [reporting of election expenses by class];

(e.1) prescribing information that must be included in a

disclosure statement under

section 90 (4) (j) [additional information]; .

Section 158 is amended by adding the following subsection:

(3) For the purposes of applying

section 152.1 [prohibition

against certain election advertising on general voting day] to voting referred to in

subsection (1), advertising is deemed to be election advertising if it is used to promote

or oppose, directly or indirectly, a particular outcome in the vote.

Section 162 (2) is repealed and the following substituted:

(2) Unless general voting day is set under subsection (1), the

chief election officer must set general voting day for other voting to be on a Saturday in

accordance with the following:

(

a) in the case of a bylaw that is directed by the Lieutenant

Governor in Council, a minister or the inspector to be submitted for the assent of

electors, not more than 80 days after the date of the direction;

(

b) in the case of a bylaw or other matter for which a counter

petition opportunity was provided, not more than 80 days after the deadline for submitting

signed counter petitions;

(

c) subject to paragraph (b), in the case of a bylaw requiring the

approval of the Lieutenant Governor in Council, the inspector or a minister, not more than

80 days after the day of the approval or, if there is more than one approval required, of

the last approval;

(

d) in the case of other bylaws, not more than 80 days after the

day the bylaw receives third reading;

(

e) in the case of another matter, not more than 80 days after

adoption of the authorizing bylaw or resolution.

Section 171 (2) (

f) is amended by striking out "subsection

(5)." and substituting "subsection (4)."

Section 176 (1) (

a) is repealed and the following substituted:

(

a) to make agreements respecting the local government's services,

including agreements respecting the undertaking, provision and operation of its services; .

Section 177 is amended by adding the following subsection:

(4) Notices under

(

a) section 164 [notice of other voting],

(b)

section 242 (3) [notice of counter petition – municipal],

and

(c)

section 809 (3) [notice of counter petition – regional

district]

in relation to the agreement must state that the agreement and

records relating to it are available for public inspection in the local government offices

during their regular office hours.

48 The following

section is added:

Exception for heritage conservation purposes

183.1

(1) A local government may provide assistance for one

or more of the following purposes:

(

a) acquiring, conserving and developing heritage property and

other heritage resources;

(

b) gaining knowledge about the community's history and heritage;

(

c) increasing public awareness, understanding and appreciation of

the community's history and heritage;

(

d) any other activities the local government considers necessary

or desirable with respect to the conservation of heritage property and other heritage

resources.

(2) A local government may, by an affirmative vote of at least 2/3

of the votes cast, provide assistance for the conservation of any of the following

property:

(

a) property that is protected heritage property;

(

b) property that is subject to a heritage revitalization

agreement under

section 966;

(

c) property that is subject to a covenant under

section 219 of

the Land Title Act that relates to the conservation of heritage property.

(3) The powers under this

section are in addition to the power

under

section 176 (1) (c) [corporate powers – assistance] and apply despite

section 182 [prohibition against assistance to business].

Section 187 (2) is amended by adding the following paragraph:

(a.1) the person or public authority who is to acquire the

property under the proposed disposition, .

Section 189 (4) is repealed and the following substituted:

(4) The local government may appeal a decision of the inspector

and, for this purpose,

section 335.5 [appeal from an inspector's decision] applies.

Section 190 (3) is repealed and the following substituted:

(3) For the purposes of subsection (2) (c) (ii),

(

a) the notice under

section 164 [notice of other voting]

must include a description of the agreement referred to in subsection (2) (c) (i), and

(

b) section 177 [disclosure of information relating to

agreements] applies to that agreement.

Section 191 (1) (

c) is repealed and the following substituted:

(

c) a power or duty to appoint, suspend or terminate a local

government officer; .

Section 196 (1) is repealed and the following substituted:

(1) A local government

(

a) must, by bylaw, establish officer positions in relation to the

duties under

section 198 sections 198 [corporate administration] and 199 [financial

administration], with titles it considers appropriate,

(

b) may, by bylaw, establish other officer positions for its

municipality or regional district, with titles it considers appropriate, and

(

c) may, by bylaw or resolution, assign powers, duties and

functions to those officer positions.

Section 199 (

d) is repealed and the following substituted:

(

d) investing funds, until required, in investments referred to in

section 336 [investment of municipal funds]; .

55 Sections 215 to 217 are repealed.

Section 222 is repealed and the following substituted:

First council meeting after general local election

(1) Following a general local election, the first

council meeting must be on the first Monday after December 1 in the year of the election.

(2) If a quorum of council members elected at the general local

election has not taken office by the time referred to in subsection (1), the first council

meeting must be called by the municipal officer assigned responsibility under

section 198 [corporate

administration] and held as soon as reasonably possible after a quorum has taken

office.

Regular and special council meetings

222.1

(1) After its first meeting under

section 222, a

council must meet

(

a) regularly in accordance with its bylaw under

section 235 [procedure

bylaw], and

(

b) as it decides and as provided in this Act.

(2) For the purposes of this Act, a special council meeting is a

council meeting other than a statutory, regular or adjourned meeting.

(3) If permitted under subsection (4), a council meeting may be

conducted by means of electronic or other communications facilities.

(4) The Lieutenant Governor in Council may make regulations

permitting meetings under subsection (3) and prescribing conditions, limits and

requirements respecting such meetings.

57 Sections 225 and 226 are repealed.

57.1

Section

230 (1) is repealed and the following substituted:

(1) This

section applies to council

members in relation to

(

a) council meetings, and

(

b) meetings of committees referred to in

section 235 (1) (b) [standing, select and other council committees] .

Section 231 is amended

(

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

(1) This

section applies to council members in relation to

(

a) council meetings,

(

b) meetings of committees referred to in

section 235 (1) (b) [standing,

select and other council committees], and

(

c) meetings of bodies that are subject to

section 242.7 [application

to other municipal bodies].

(2) If a council member attending a meeting considers that he or she is not

entitled to

(

a) participate in the discussion of a matter, or

(

b) vote on a question in respect of a matter,

the member must declare this and

state the general nature of why the member considers this to be the case. ,

(2) If

a council member attending a meeting considers that he or she is not entitled to

(

a) participate

in the discussion of a matter, or

(

b) vote

on a question in respect of a matter

because the member has a direct or

indirect pecuniary interest in the matter or for any other reason, the member must declare

this and state the general nature of why the member considers this to be the case. ,

and

(

b) by repealing subsection (5) and substituting the following:

(5) Without limiting subsection (2), if a council member has a direct or

indirect pecuniary interest in a matter, the member must not

(

a) participate in the discussion of the matter, or

(

b) vote on a question in respect of the matter. , and

(5) Whether

or not a declaration is made under subsection (2), if a council member has a direct or

indirect pecuniary interest in a matter, the member must not

(

a) participate

in the discussion of the matter,

(

b) vote

on a question in respect of the matter, or

(

c) attempt

in any way, whether before, during or after the meeting, to influence the voting on any

question in respect of the matter.

(

c) by repealing subsection (9) and substituting the following:

(9) The council may apply to the Supreme Court for an order under

subsection (10) if, as a result of subsection (2), the number of council members who may

discuss and vote on a matter falls below

(

a) the quorum for the council, or

(

b) the number of council members required to adopt the applicable

bylaw or resolution.

(9.1) An application under subsection (9) may be made without

notice to any other person.

Section 235 to 238 Sections 235 to 238 are repealed and the following substituted:

Procedure bylaw

(1) The council must, by bylaw, do the following:

(

a) establish the procedures that are to be followed for the

conduct of its business, including the manner by which resolutions may be passed and

bylaws adopted;

(

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

meetings of

(

i) select and standing committees of council, and

(ii) any other committee composed solely of council members acting

in that capacity;

(

c) establish the time and place of regular meetings of council;

(

d) require advance public notice respecting the time, place and

date of council and committee meetings and establish the procedures for giving that

notice.

(2) A bylaw under this

section must not be altered except by a

bylaw passed at a regular council meeting in accordance with a notice in writing given and

openly announced at an earlier regular meeting.

Minutes of council meetings

(1) Minutes of council meetings must be

(

a) legibly recorded,

(

b) certified as correct by the designated municipal officer,

(

c) signed by the mayor or other member presiding at the meeting

or at the next meeting at which they are adopted, and

(

d) open for public inspection at the municipal hall during its

regular office hours.

(2) Subsection (1) (

d) does not apply to minutes of that part of a

council meeting from which persons were excluded under

section 242.2 [closed meetings].

Minutes of council committee meetings

237 Minutes of a committee referred to in

section 235 (1)

(b) [standing, select and other council committees] must be

(

a) legibly recorded,

(

b) signed by the chair or member presiding at the meeting, and

(

c) open for public inspection as provided for council minutes

under

section 236.

Appointment of select committee

238 A council may appoint a select committee to consider or

inquire into any matter and to report its findings and opinion to the council.

Section 242 is amended

(

a) by repealing subsections (4) and (5) and substituting the following:

(4) A notice under subsection (3) must include the following:

(

a) a general description of the proposed matter;

(

b) a statement that counter petitions against the proposed matter

will be provided by the council, if requested;

(

c) a statement that the council may proceed with the matter

unless the counter petition is signed by at least 5% of the electors of the area to which

the counter petition applies;

(

d) the area to which the counter petition applies, if that area

is not the whole of the municipality;

(

e) the deadline for submitting signed counter petition forms to

the council;

(

f) an estimate of the number of electors who must petition

against the matter in order for the counter petition to be sufficient;

(

g) other information required under subsection (9).

(5) For the purposes of permitting the electors to petition

against the proposed matter, the council must

(

a) prepare counter petitions ready for distribution at the time

it first publishes the notice under subsection (3), and

(

b) distribute a counter petition to each person who requests one.

(5.1) A person who receives a counter petition referred to in

subsection (5) may make accurate copies of the counter petition for the purposes of this

section.

(5.2) Each counter petition or accurate copy of a counter petition

may be signed by one or more electors. ,

(

b) by repealing subsection (7) and substituting the following:

(7) Any question as to the sufficiency or accuracy of a counter

petition or copy of a counter petition received under this

section must be determined by

the local government officer municipal officer assigned responsibility under

section 198 [corporate

administration].

(7.1) If a counter petition is certified as sufficient, the

council must not proceed with the proposed bylaw, action or other matter unless it

receives the assent of the electors. , and

(

c) by adding the following subsection:

(9) The Lieutenant Governor in Council may make regulations as

follows:

(

a) prescribing information that must be included in a notice

under subsection (3);

(

b) prescribing the form and content of counter petitions referred

to in subsection (5), which may be different for different classes of matters to which

counter petitions relate.

61 The following Division is added in

Part 5.2:

Division 4.1 – Public Access to Municipal Meetings

General rule: meetings must be open to the public

242.1 Subject to

section 242.2 [closed meetings], a

council meeting must be open to the public.

Meetings that may or must be closed

242.2

(1) A part of a council meeting may be closed to the

public if the subject matter being considered relates to one or more of the following:

(

a) personal information about an identifiable individual who

holds or is being considered for a position as an officer, employee or agent of the

municipality or another position appointed by the municipality;

(

b) personal information about an identifiable individual who is

being considered for a municipal award or honour, or who has offered to provide a gift to

the municipality on condition of anonymity;

(

c) labour relations or employee negotiations;

(

d) the security of property of the municipality;

(

e) the acquisition, disposition or expropriation of land or

improvements, if the council considers that disclosure might reasonably be expected to

harm the interests of the municipality;

(

f) law enforcement, if the council considers that disclosure

might reasonably be expected to harm the conduct of an investigation under or enforcement

of

an Act, regulation or bylaw;

(

g) consideration of whether paragraph (

e) or (

f) applies in

relation to a matter;

(

h) litigation or potential litigation affecting the municipality;

(

i) the receiving of advice that is subject to solicitor-client

privilege, including communications necessary for that purpose;

(

j) information that is prohibited from disclosure under

section

21 of the Freedom of Information and Protection of Privacy Act;

(

k) a matter that, under another enactment, is such that the

public may be excluded from the meeting;

(

l) a matter prescribed by regulation under

section 242.8.

(2) A part of a council meeting must be closed to the public if

the subject matter relates to one or more of the following:

(

a) a request under the Freedom of Information and Protection

of Privacy Act if the council is designated as head of the local public body for the

purposes of that Act in relation to the matter;

(

b) a matter that, under another enactment, is such that the

public must be excluded from the meeting.

(3) If the only subject matter being considered at a council

meeting is one or more matters referred to in subsection (1) or (2), the applicable

subsection applies to the entire meeting.

Resolution required before meeting closed

242.3 Before a meeting or part of a meeting is closed to

the public, the council must state, by resolution,

(

a) the fact that the meeting is to be closed, and

(

b) the basis under

section 242.2 on which the meeting is to be

closed.

No bylaw votes in a closed meeting

242.4 A council must not vote on the reading or adoption of

a bylaw when its meeting is closed to the public.

Expulsion from meeting for improper conduct

242.5 If the mayor or other person presiding at a meeting

of the council considers that a person is guilty of improper conduct, the person presiding

may expel and exclude the other person from the meeting.

Application to council committee meetings

242.6 This Division applies to meetings of committees

referred to in

section 235 (1) (b) [select, standing and other council committees].

Application to other municipal bodies

242.7 Subject to the regulations under

section 242.8, this

Division and

section 237 [minutes of council committees] apply to meetings of the

following:

(

a) a body that under this or another Act may exercise the powers

of the municipality or council;

(

b) a board of variance;

(

c) a local court of revision;

(

d) an advisory committee, or other advisory body, established by

council under this or another Act;

(

e) a prescribed body.

Regulations respecting open meetings

242.8 The Lieutenant Governor in Council may make

regulations to do one or more of the following:

(

a) prescribing a matter for the purposes of

section 242.2 (1) (l)

[meetings that may be closed];

(

b) prescribing a body or class of body for the purposes of

section 242.7 (e) [application to other bodies];

(

c) in relation to

section 242.7, excluding a specified body from

the application of this Division or

section 237 [minutes of council committees], or

both;

(

d) modifying the effect of this Division or

section 237 [minutes

of council committees], or both, in relation to a body that is subject to this

Division under

section 242.7.

Section 251 (2) (

c) is amended by striking out "levy"

and substituting "impose" .

63 Sections 252 and 253 are repealed.

64 Division 6 of

Part 5.2 is repealed.

Section 259.3 (2) and (3) is repealed.

Section 262 (3) (

a) is amended by striking out "adopted under

section 461" .

Section 269 is repealed and the following substituted:

Municipal action at defaulter's expense

(1) If a council has authority to direct that a matter

or thing be done by a person, the council may also direct that, if the person fails to

take the required action, the matter or thing is to be done at the expense of the person

in default with the costs incurred by the municipality recoverable from the person as a

debt.

(2) Section 376 applies to an amount recoverable under subsection

(1) that is incurred for work done or services provided to land or improvements.

Section 270 is repealed.

Section 280.4 (1) is amended by striking out "a revised

bylaws" and substituting "a revised bylaw" .

70 The following

section is added:

Indemnification against proceedings

287.2

(1) If

(

a) an action or prosecution is brought against a council member

or municipal officer or employee in connection with the performance of the person's

duties, or

(

b) an inquiry under

Part 2 of the Inquiry Act or other

proceeding involves the administration of a department of the municipality or the conduct

of a part of the municipal business,

the council may, by a vote of at least 2/3 of all members, pay

amounts required for the protection, defence or indemnification of the member, officer or

employee and to cover the costs necessarily incurred and damages recovered in relation to

the matter.

(2) A council must not pay a fine that is imposed on a member,

officer or employee as a result of the person's conviction for a criminal offence.

(3) A resolution or bylaw under subsection (1) is not invalid by

reason only that a council member who would be entitled to payment under the resolution

voted on it.

(4) A council may, by bylaw, provide that the municipality will

indemnify a member, officer or employee against a claim for damages against the person

arising out of the performance of the person's duties and, in addition, pay legal costs

incurred in a court proceeding arising out of the claim.

(5) Except as permitted under subsection (6), a council must not

seek indemnity against a member, officer or employee in respect of any action of the

person that results in a claim for damages against the municipality.

(6) A council may seek indemnity against a member, officer or

employee if

(

a) the claim arises out of the gross negligence of that person,

(

b) in relation to the action that gave rise to the claim against

an officer or employee, he or she wilfully acted contrary to the terms of the person's

employment or an order of a superior.

(7) This

section applies to the persons referred to in

section 287

(1) (d), (g), (h), (i), (j), (k), (l), (n), (

o) and (p) [immunity for individual

municipal public officers] as though those persons were officers or employees of the

municipality.

Section 290 is amended by adding the following subsection:

(3) If a municipality makes an indication in accordance with

subsection (1) (b), the municipality must reduce the fee for the building permit to

reflect the costs of the work that would otherwise be done by a building inspector to

determine whether the plans or the aspects of the plans that were certified to comply do

in fact comply with the Provincial building code and other applicable enactments

respecting safety.

Section 295 (2) is repealed and the following substituted:

(2) A rate under subsection (1) must be established in the same

manner as a rate under

section 359 (1) (a) [municipal property taxes] .

73 The following

section is added in

Part 7:

Orders and awards respecting drainage or reclamation works

302.1 301.1

(1) If, on account of proceedings taken under this

Act for drainage or reclamation works and local assessments for them,

(

a) damages are recovered against the municipality or parties

constructing the drainage or reclamation works, or

(

b) other relief is given by an order of a court or an award made

under this Act,

the money required for the municipality to comply with the order

or award must be recovered by taxes imposed on the same basis as the existing assessments

for those works.

(2) The council must make the changes in drainage or reclamation

works necessary to comply with an order or award.

Section 304 (1) (

a) is repealed and the following substituted:

(

a) cancel the dedication of a highway or portion of a highway

that has been closed to traffic under

section 527 [establishing and closing highways], and

75 The following sections are added in Division 1 of

Part 8:

Control of parks dedicated by subdivision

305.1

(1) If land in a municipality is dedicated to the

public for the purpose of a park or a public square by subdivision plan deposited in the

land title office, the municipality is entitled to possession and control of the land for

that purpose.

(2) If land in a municipality was dedicated as referred to in

subsection (1) before this Act came into force, the municipality is deemed to have had

possession and control of it for that purpose from the date it was dedicated, and

continues to have that possession and control.

Exchange of dedicated land

305.2

(1) If a municipality is entitled to possession and

control of land under

section 305.1 [parks dedicated by subdivision], the council

may, by bylaw, dispose of a portion of that land in exchange for other land suitable for a

park or public square.

(2) A bylaw under subsection (1) may provide that, instead of

taking land in exchange, the proceeds of the disposal are to be placed to the credit of a

reserve fund under

section 496 [capital works reserve funds] for the purpose of

acquiring park lands.

(3) Before adopting a bylaw under subsection (1), the council must

provide a counter petition opportunity in relation to the proposed bylaw.

(4) All deeds executed under this

section have effect as a Crown

grant, free of any dedication to the public for the purpose of a park or a public square.

(5) All land taken in exchange under this

section is dedicated for

the purpose of a park or public square and the title to it vests in the Crown with right

of possession in the municipality.

Section 309 is amended by adding the following subsection:

(1.1) The power under subsection (1) also applies to property

outside the municipality for the purposes of

(

a) a service provided by the municipality to an area outside the

municipality, or

(

b) establishing and managing quarries, sand and gravel pits to

acquire material for municipal works.

77 The following

section is added:

Authority in relation to services

309.1

(1) Without limiting

section 309 [expropriation

power], a municipality may, for the purposes of one or more of its services, authorize

its agents or employees to enter on, break up, take or enter into possession of and use

real property without the consent of the owners of the property.

(2) If a municipality exercises an authority to provide a service

outside the municipality, the power under subsection (1) applies to property outside the

municipality in relation to that service.

Section 313 is repealed and the following substituted:

Funding for expropriation and mitigation

313 If the current municipal revenue is not sufficient for

the funds required to pay compensation in respect of property expropriated or injured or

to carry out works referred to in

section 311 [entry on land to mitigate damage],

the council may,

(

a) by loan authorization bylaw adopted with the approval of the

inspector, borrow the required sums, or

(

b) by bylaw adopted with the approval of the inspector, use money

from a reserve fund to the extent required.

Part 9 is repealed and the following substituted:

Part 9 – Financial Management

Division 1 – Financial Planning

Financial plan

(1) A municipality must have a financial plan that is

adopted annually, by bylaw, before the annual property tax bylaw is adopted.

(2) For certainty, the financial plan may be amended by bylaw at

any time.

(3) The planning period for a financial plan is 5 years, being the

year in which it is specified to come into force and the following 4 years.

(4) The financial plan must set out the following for each year of

the planning period:

(

a) the proposed expenditures by the municipality;

(

b) the proposed funding sources;

(

c) the proposed transfers between funds.

(5) The total of the proposed expenditures and transfers to other

funds for a year must not exceed the total of the proposed funding sources and transfers

from other funds for the year.

(6) The proposed expenditures must set out separate amounts for

each of the following as applicable:

(

a) the amount required to pay interest and principal on municipal

debt;

(

b) the amount required for capital purposes;

(

c) the amount required for a deficiency referred to in subsection

(9);

(

d) the amount required for other municipal purposes.

(7) The proposed funding sources must set out separate amounts for

each of the following as applicable:

(

a) revenue from property value taxes;

(

b) revenue from parcel taxes;

(

c) revenue from fees and charges;

(

d) revenue from other sources;

(

e) proceeds from borrowing, other than borrowing under

section

334.3 [revenue anticipation borrowing].

(8) The proposed transfers between funds must set out separate

amounts for each of the following as applicable:

(

a) special funds under

Part 13;

(

b) development cost charge funds;

(

c) accumulated surplus.

(9) If actual expenditures and transfers to other funds for a year

exceed actual revenues and transfers from other funds for the year, the resulting

deficiency must be included in the next year's financial plan as an expenditure in that

year.

Public process

327.1 A council must undertake a process of public

consultation regarding the proposed financial plan before it is adopted.

Division 2 – Financial Reporting

Annual financial statements

(1) The fiscal year for a municipality is the calendar

year.

(2) Municipal financial statements for a fiscal year must be

(

a) prepared by the municipal officer assigned responsibility

under

section 199 [financial administration], and

(

b) presented to council for its acceptance.

(3) Subject to subsection (4), the financial statements must be

prepared in accordance with generally accepted accounting principles for local

governments.

(4) The inspector may require or authorize, generally or for a

specified municipality, that the financial statements vary from or include additional

information to the requirements of subsection (3).

(5) By May 15 in each year, a municipality must submit to the

inspector its audited financial statements for the preceding year and any other financial

information required by the inspector.

Annual reporting on municipal finances

(1) By June 30 in each year, a municipality must hold a

council or other public meeting for the purpose of presenting

(

a) the audited financial statements of the preceding year, and

(

b) the report under

section 329.1 [reporting of remuneration

and expenses].

(2) The council must give notice of the meeting by publication in

a newspaper, including

(

a) the date, time and place of the meeting, and

(

b) a statement that the financial statements and any reports to

be presented at the meeting are available for inspection at the municipal hall.

(3) A copy of the financial statements and reports must be

available for public inspection at the municipal hall during its regular office hours from

the time the notice under subsection (2) is given until June 30 in the following year.

Reporting of remuneration and expenses

329.1 At least once a year, a council must have prepared a

report separately listing the following for each council member by name:

(

a) the total amount of remuneration paid to the council member

for discharge of the duties of office, including any amount specified as an expense

allowance;

(

b) the total amount of expense payments for the council member

made to the council member as reimbursement for expenses incurred by the council member or

as an allowance that is not reported under paragraph (a);

(

c) the total amount of any benefits, including insurance policies

and policies for medical or dental services, provided to the council member or the

member's dependants.

Right of elector to complain about accounting

(1) An elector may complain in writing to the council

or to the municipal auditor, if the elector considers that

(

a) a disbursement, expenditure, liability or other transaction is

not authorized by or under this or another Act, or

(

b) there has been a theft, misuse or other defalcation or

irregularity in the funds, accounts, assets, liabilities and financial obligations of the

municipality or of one of its administrative bodies.

(2) If a complaint is made under subsection (1) to the council,

the council must give notice of the matter to the auditor.

(3) If a complaint is made under subsection (1) to the municipal

auditor, the auditor must give notice of the matter to the council.

Division 3 – Audit

Appointment of auditor

(1) A council must appoint an auditor for the

municipality.

(2) The auditor must be

(

a) a member in good standing, or a partnership whose partners are

members in good standing, of the Canadian Institute of Chartered Accountants, or the

Certified General Accountants' Association of British Columbia, or

(

b) a person certified by the board established under

section 181

of the Company Act.

Auditor may appeal termination

331.1

(1) If the engagement of an auditor is terminated,

the auditor may appeal the decision to the inspector, who may confirm or set aside the

termination.

(2) An appeal under this

section must be made in writing to the

inspector within one month after the auditor is notified of the termination.

(3) The auditor must file a copy of the notice of appeal under

subsection (2) with the municipality.

(4) The council must not appoint another auditor until the time

allowed for an appeal by the auditor has elapsed or, if an appeal has been made, until the

appeal has been dealt with by the inspector.

Audit committee

331.2

(1) As a limitation on

section 176 (1) (e) [corporate

powers – delegation], a council may only delegate its powers, duties and functions

under this Division to a committee of council.

(2) Reports submitted by the auditor to a committee under this

section are deemed to have been submitted to council.

Auditor's reports

331.3

(1) The auditor for the municipality must report to

the council on the annual financial statements of the municipality.

(2) The report under subsection (1) must be in accordance with the

form and the reporting standards recommended by the Canadian Institute of Chartered

Accountants.

(3) In addition to the report under subsection (1),

(

a) the council or the inspector may require further reports from

the auditor, and

(

b) the auditor may, on the auditor's own initiative, make further

reports.

(4) On request by the inspector, the auditor must forward to the

inspector copies of

(

a) reports under subsections (1) and (3), and

(

b) written communications in relation to those reports from the

auditor to the council, a committee of council or a municipal officer.

Access to information by auditors

331.4

(1) The auditor has the power and duty to conduct the

examinations necessary to prepare the reports referred to in

section 331.3 [auditor's

reports].

(2) The auditor has a right of access at all reasonable times to

(

a) the records of the council and municipality,

(

b) the records of any other body that, under this or another Act,

exercises the powers of the municipality, including a municipal police board, and

(

c) any computer, other data processing equipment and software

that are owned or leased by the municipality or other body and used for financial

recording or reporting purposes.

(3) Council members, municipal officials, employees and agents of

the municipality and other persons must give the auditor any information, reports or

explanations the auditor considers necessary.

(4) An auditor who receives information from a person whose right

to disclose that information is restricted by law holds that information under the same

restrictions respecting disclosure that govern the person from whom the information was

obtained.

Division 4 – Expenditures, Liabilities and Investments

General revenue sources

332 Revenues from the following may be used towards the

payment of municipal expenditures:

(

a) property value taxes under Division 1 of

Part 10.1;

(

b) parcel taxes under Division 2 of

Part 10.1;

(

c) fees and charges under Division 3 of

Part 10.1;

(

d) revenues raised by other means authorized under this or

another Act;

(

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

or otherwise.

Limit on expenditures

(1) A municipality must not make an expenditure other

than one authorized under subsection (2) or (3).

(2) A municipality may make an expenditure that is provided for

that year in its financial plan.

(3) A municipality may make an expenditure for an emergency that

was not contemplated for that year in its financial plan.

(4) In relation to the authority under subsection (3), the council

must establish procedures

(

a) to authorize expenditures under that subsection, and

(

b) to provide for such expenditures to be reported to the council

at a regular meeting.

(5) If an expenditure is made under subsection (3), as soon as

practicable, the council must amend the financial plan to include the expenditure and the

funding source for the expenditure.

(6) For certainty, the authority under subsection (3) does not

include the authority to borrow for the purpose of making the expenditure.

Limit on borrowing and other liabilities

(1) A municipality may only incur a liability under the

authority of this or another Act.

(2) Except as permitted under subsection (5), a municipality must

not incur a liability that causes the aggregate liabilities for all purposes to exceed the

total of

(a) 20% of the current value, as shown on the most recent audited

financial statements, of the tangible capital assets of the municipality, and

(b) 20% of the average of the converted value of land and

improvements in the municipality for the current year and the 2 immediately preceding

years.

(3) The following are to be excluded in determining the aggregate

liabilities referred to in subsection (2):

(

a) liabilities under

section 334.2 [authority to incur

prescribed liabilities];

(

b) debt under

section 334.3 [revenue anticipation borrowing];

(

c) debt of another public authority for which the municipality is

jointly and severally liable under this or another Act.

(4) Except for a liability referred to in subsection (3), a

municipality must not incur a liability for which expenditures are required during the

planning period for its financial plan unless those expenditures are included for the

applicable year in the financial plan.

(5) With the approval of the inspector, the aggregate liabilities

of a municipality may exceed the limit under subsection (2).

Liabilities under agreements

334.1

(1) A council may, under an agreement, incur a

liability if

(

a) the liability is not a debenture debt, and

(

b) the period of the liability is not longer than the reasonable

life expectancy of the service under the agreement.

(2) If an agreement under subsection (1) is

(

a) for more than 5 years, or

(

b) for a period that by exercising rights of renewal or extension

could exceed 5 years,

the council must not incur the liability until it has provided a

counter petition opportunity in relation to the proposed liability.

(3) In addition to the information required by

section 242 (4),

the notice of a counter petition opportunity under subsection (2) must include the nature,

term and amount of the liability.

(4) As an exception to subsection (2), a counter petition

opportunity is not required for a liability to be incurred

(

a) for the supply of materials, equipment or services under an

agreement referred to in

section 3 of the Police Act, or

(

b) under an employment contract or collective agreement.

Authority to incur prescribed liabilities

334.2

(1) A municipality may incur a liability that is

within a class prescribed under this section.

(2) The authority to incur a liability under this

section is not

authority to borrow for the purposes of the liability.

(3) The Lieutenant Governor in Council may make regulations

prescribing classes of liability that are imposed by or under an enactment as liabilities

to which this

section applies.

Revenue anticipation borrowing

334.3

(1) A council may, by bylaw, provide for the

borrowing of money that may be necessary

(

a) to meet current lawful expenditures, and

(

b) to pay amounts required to meet the municipality's taxing

obligations in relation to another local government or other public body.

(2) The debt outstanding under this

section must not exceed the

total of

(

a) the unpaid taxes for all purposes imposed during the current

year, and

(

b) the money remaining due from other governments.

(3) Before the adoption of the annual property tax bylaw in any

year, the taxes in that year are deemed to be 75% of all taxes imposed for all purposes in

the preceding year.

(4) When collected, revenue from property value taxes must be used

as necessary to repay money borrowed under this section.

Short term capital borrowing

334.4

(1) A council may, by bylaw adopted with the approval

of the inspector, contract a debt for any purpose of a capital nature.

(2) A bylaw and the debt under this

section must comply with the

following:

(

a) the debt must not cause the aggregate liabilities under this

section to exceed the amount equal to $50 multiplied by the municipal population;

(

b) the debt and securities for it must be payable no later than

the lessor of

(i) 5 years from the date on which the securities were issued, or

(ii) the reasonable life expectancy of the capital asset for which

the debt is contracted;

(

c) the bylaw must set out

(

i) the amount of the debt intended to be incurred, and

(ii) in brief and general terms, the purpose for which the debt is

to be created.

Loan authorization bylaws

(1) A council may, by a loan authorization bylaw

adopted with the approval of the inspector, incur a liability by borrowing for one or more

of the following:

(

a) any purpose of a capital nature;

(

b) to provide assistance within the meaning of

section 181 [definition

of assistance] by

(

i) lending to any person or public authority to which the

municipality may provide assistance under

Part 5 [Corporate Powers], or

(ii) guaranteeing repayment of borrowing, or providing security

for the borrowing, of a person or public authority referred to in subparagraph (i),

but only if the assistance is provided under an agreement;

(

c) to comply with an order or requirement to pay money into the

Supreme Court as security

(

i) for payment of a judgment or other debt,

(ii) for damages or costs, or

(iii) for the costs of an appeal from the decision of a court or

an arbitrator;

(

d) to satisfy a judgment or other order of a court against the

municipality;

(

e) to satisfy an award resulting from an arbitrator's

determination of liability or quantum of damages against the municipality, including

orders of the arbitrator related to that determination.

(2) A loan authorization bylaw must set out the following:

(

a) the total amount proposed to be borrowed under the bylaw;

(

b) in brief and general terms, each of the purposes for which the

debt is to be incurred;

(

c) the amount allocated by the bylaw to each of the purposes for

which the debt is to be incurred;

(

d) the maximum term for which the debentures may be issued.

(3) The power to adopt a loan authorization bylaw may not be

exercised through the adoption of a comprehensive general bylaw under

section 259.1 and

loan authorization bylaws may not be consolidated into a comprehensive general bylaw under

section 280.3.

(4) The authority to borrow under a loan authorization bylaw ends,

(

a) in the case of a loan authorization bylaw under subsection (1)

(b), at the end of the term of the agreement required by that subsection, and

(

b) in other cases, 5 years from the date of adoption of the

bylaw,

for any part of the amount authorized by the bylaw that has not

already been used to secure borrowing under

section 335.2 [temporary borrowing under

loan authorization bylaw] or included under a security issuing bylaw.

(5) The maximum term of a debt that may be authorized by a loan

authorization bylaw is as follows:

(

a) in the case of a bylaw under subsection (1) (a), the lesser of

(i) 30 years, and

(ii) the reasonable life expectancy of the capital asset for which

the debt is contracted;

(

b) in the case of a loan authorization bylaw under subsection (1)

(b), the remaining term of the agreement under which the assistance is provided;

(

c) in all other cases, 30 years.

Counter petition opportunity required for borrowings

335.1

(1) Except as provided in subsection (2), the council

must provide a counter petition opportunity in relation to a proposed loan authorization

bylaw.

(2) A counter petition opportunity is not required if the money to

be borrowed is for one or more of the following:

(

a) a purpose referred to in

section 335 (1) (

c) to (e) [loan

authorization bylaws – borrowings for court orders and other matters];

(

b) a purpose referred to in

section 313 [funding for

expropriation or mitigation];

(

c) works under an order of the Inspector of Dikes;

(

d) works required to be carried out pursuant to an order under

section 32 of the Waste Management Act;

(

e) works required to be carried out under the Environment

Management Act pursuant to an order of the minister responsible for that Act or the

Lieutenant Governor in Council.

(3) A counter petition opportunity must not be provided in

relation to a loan authorization bylaw unless the necessary consent or approval required

by

an Act has been obtained.

(4) In addition to the information required by

section 242 (4),

the notice of a counter petition opportunity under this

section must include the

information referred to in

section 335 (2) [loan authorization bylaw].

(5) With the approval of the inspector, a loan authorization bylaw

may be amended or repealed without providing a counter petition opportunity.

(6) If a council exercises the option of seeking electors' assent

to a loan authorization bylaw, rather than providing a counter petition opportunity, any

number of specified services is deemed to be a distinct purpose for the purposes of

section 160 (1) [each vote must be for a distinct purpose].

Temporary borrowing under loan authorization bylaw

335.2

(1) A council that has adopted a loan authorization

bylaw may, by bylaw, temporarily borrow money not exceeding the difference between the

total amount authorized by the loan authorization bylaw and the amount already borrowed in

relation to that bylaw.

(2) The proceeds of the borrowing under a security issuing bylaw,

or as much as may be necessary, must be used to repay the money temporarily borrowed.

Security issuing bylaws

335.3

(1) A council may, by a security issuing bylaw

adopted with the approval of the inspector, provide for the issue of debentures or other

evidence of debt for all or part of the debt authorized by one or more loan authorization

bylaws.

(2) A security issuing bylaw must specify the following:

(

a) the loan authorization bylaws that authorize the borrowing;

(

b) the amount of borrowing authorized by each loan authorization

bylaw;

(

c) the amount already borrowed under each loan authorization

bylaw;

(

d) the amount remaining to be borrowed under each loan

authorization bylaw;

(

e) the amount now being issued under each loan authorization

bylaw;

(

f) the term of the debt.

(3) The proceeds of the borrowing under a security issuing bylaw

must be allotted proportionately for the purposes of each loan authorization bylaw

referred to in subsection (2) (a).

(4) A security issuing bylaw must not be adopted

(

a) while any proceeding is pending in which the validity of a

loan authorization bylaw containing the authority under which the security issuing bylaw

is to be adopted is called into question or by which it is sought to be set aside, or

(

b) until the time for giving notice of intention to apply to set

aside the loan authorization bylaw expires.

(5) A security issuing bylaw may authorize the issue of debentures

Regional district financing of municipal undertaking

335.4

(1) Except as permitted by the Municipal Finance

Authority Act, a municipality must not adopt a security issuing bylaw unless the

financing is to be undertaken under

section 835 [financing municipal undertakings]

of this Act through the Municipal Finance Authority of British Columbia.

(2) In relation to regional district financing under

section 835

for a municipality, the security issuing bylaw of the municipality is the regional

district's authority to proceed under that

section and must not be amended or repealed

without the consent of the board.

Appeal from inspector's decision regarding borrowing bylaws

335.5

(1) If the inspector refuses to approve a loan

authorization bylaw or a security issuing bylaw, the municipality may appeal to the

minister.

(2) On an appeal under subsection (1), the minister must hear and

determine the matter, and may confirm or rescind the decision of the inspector.

(3) The determination on the appeal is conclusive and binding on

all parties, including the inspector.

Investment of municipal funds

336 Money borrowed or revenue raised that is not

immediately required may be invested or reinvested by the council in one or more of the

following:

(

a) securities of Canada or of a province;

(

b) securities guaranteed for principal and interest by Canada or

by a province;

(

c) securities of a municipality or regional district;

(

d) securities of the Greater Vancouver Water District, if the

municipality is in or partly in the district;

(

e) securities of the Municipal Finance Authority;

(

f) investments guaranteed by a chartered bank;

(

g) deposits in a savings institution, or non-equity or membership

shares of a credit union;

(

h) pooled investment funds under

section 16 of the Municipal

Finance Authority Act.

Division 5 – Restrictions on Use of Municipal Funds

Purposes for which money may be used

(1) Subject to this section, money borrowed by a

municipality under any Act must not be used for a purpose other than that specified in the

bylaw or agreement authorizing the borrowing.

(2) A council may, by bylaw adopted with the assent of the

electors, use all or part of money borrowed for a specific purpose and not repayable in

the current year for any other lawful purpose of the municipality.

(3) If some of the money borrowed for a specified purpose remains

unused after payment of the costs related to that purpose, a council may, by bylaw,

provide for the use of the unused money for one or more of the following:

(

a) to retire debentures issued for the purpose;

(

b) to purchase and cancel debentures issued for the purpose;

(

c) for expenditures of a nature similar to the purpose in the

bylaw authorizing the money to be borrowed;

(

d) for a reserve fund for matters in paragraph (a), (

b) or (c),

in which case

Part 13 applies.

Liabilities for use of money contrary to Act

(1) A council member who votes for a bylaw or

resolution authorizing the expenditure, investment or other use of money contrary to this

Act is personally liable to the municipality for the amount.

(2) As an exception, subsection (1) does not apply if the council

member relied on information provided by a municipal officer or employee and the officer

or employee was guilty of dishonesty, gross negligence or malicious or wilful misconduct

in relation to the provision of the information.

(3) In addition to any other penalty to which the person may be

liable, a council member who is liable to the municipality under subsection (1) is

disqualified from holding municipal office for 5 years from the date of the vote.

(4) Money due a municipality under this

section may be recovered

for the municipality by

(

a) the municipality,

(

b) an elector or taxpayer of the municipality, or

(

c) a person who holds a security under a borrowing made by the

municipality.

Section 339 (1) (

d) is amended by striking out "section 331 (1)

(a), (

b) and (c);" and substituting "section 359 (1) (a) [municipal

property taxes]; " .

Section 340 (5) to (7) is repealed and the following substituted:

(5) An exemption under

section 339 (1) (

b) to (

o) and the

municipal property portion of

section 339 (1) (

a) does not include exemption from a fee or

charge.

(6) An exemption under

section 339 (1) (c), (f), (g), (

h) or (

k) and the municipality portion of

section 339 (1) (

a) extends only to taxation under

section

359 (1) (a) [municipal property taxes].

(7) Section 8 of the Cemetery Company Act, R.S.B.C. 1979,

c. 46, does not apply to a parcel tax under this Act.

Section 341 (1) is amended by striking out "section 331 (1) (a),

(b), (

c) and (d)" and substituting "section 359 (1) (a) [municipal

property taxes] " .

Section 342 (2) (

a) and (

b) is repealed and the following substituted:

(

a) exempt from taxation under

section 359 (1) (a) [municipal

property taxes] all or part of

(

i) the eligible heritage property, and

(ii) if the eligible heritage property is a building or other

improvement so affixed to the land as to constitute real property, an area of land

surrounding the eligible heritage property; .

Section 343 (2) (

b) is amended by striking out "section 369"

and substituting "section 379 (1) (b)" .

Section 343.1 (2) (

a) is amended by striking out "section 331 (1)

(a), (b), (

c) and (d);" and substituting "section 359 (1) (a)

[municipal property taxes]; " .

Section 343.2 (2) (

b) is amended by striking out "section

369" and substituting "section 379 (1) (b)" .

Section 344 (3) is repealed.

Section 344.1 (1) is repealed and the following substituted:

(1) A council may, by bylaw, exempt from taxation under

section

359 (1) (a) [municipal property taxes], all or part of the land, improvements or

both, owned or held by a party to a partnering agreement with the municipality, during all

or part of the term of the agreement.

Section 345 (1) is amended by striking out "property tax

levies" and substituting "property taxes" .

Section 346 (1) is amended by striking out "property tax

levies" and substituting "property taxes" .

Section 348 (1) is amended by striking out "levying"

and substituting "imposing" .

Section 349 (3) (

a) is amended by striking out "levied"

and substituting "imposed" .

Section 352 is amended

(

a) in subsection (1) by striking out "section 331 (1)."

and substituting "section 359 (1) (a) [municipal property taxes] ." ,

and

(

b) in subsection (2) by striking out "section 331 (1) (

d) and

(e)" and substituting "section 359 (1) (b) [property taxes for

other bodies] " .

Section 353 (4) and (5) is repealed and the following substituted:

(4) If tax is imposed on a company under subsection (2), tax may

not be imposed under

section 359 (1) (a) [municipal property taxes] on the

improvements of the company referred to in subsection (1).

(5) For certainty, other than improvements referred to in

subsection (1), land and improvements of a company referred to in that subsection are

subject to tax under

section 359 [annual property tax bylaw] .

(6) A company liable to tax under subsection (2) must

(

a) by October 31 in each year, file with the collector a return

of the revenue referred to in that subsection that was received in the preceding year, and

(

b) pay the tax imposed in accordance with Division 1 [Due

Dates and Tax Notices] of

Part 11 [Tax Collection] .

(7) Tax under subsection (2) is subject to the same remedies and

penalties as taxes under

Part 10.1 [Taxes, Fees and Charges] .

(8) Despite this section, in the case of a company to which this

section applies for the first time in the municipality,

(

a) the company must pay the tax imposed under subsection (2) in

the second year of its operation on the basis of revenue earned in the first year, and

(

b) the report of revenue earned in the first year must be filed

before May 8 of the second year of operation.

Section 354 is repealed.

Section 356 is amended

(

a) by repealing subsection (2) (

d) and substituting the following:

(

d) a highway occupied by

(

i) a gas, electric light, telephone, telegraph, power, pipeline,

water, motor bus, electric trolley bus, radio or television broadcasting or closed circuit

television company, or

(ii) a company that, in addition to any other function, provides a

service similar in nature to a service referred to in subparagraph (i). , and

(

b) by repealing subsection (5) (

b) and substituting the following:

(

b) section 373 [taxation based on supplementary roll]

applies for the purposes of this subsection.

97 Division 5 of

Part 10 is repealed.

98 The following

Part is added:

Part 10.1 – Taxes, Fees and Charges

Division 1 – Property Value Taxes

Annual property tax bylaw

(1) Each year, after adoption of the financial plan but

before May 15, a council must, by bylaw, impose property value taxes for the year by

establishing tax rates for

(

a) the municipal revenue proposed to be raised for the year from

property value taxes, as provided in the financial plan, and

(

b) the amounts to be collected for the year by means of rates

established by the municipality to meet its taxing obligations in relation to another

local government or other public body.

(2) Unless otherwise permitted by this or another Act, a property

value tax under subsection (1) must be imposed

(

a) on all land and improvements within the municipality, other

than land and improvements that are exempt under this or another Act in relation to the

tax, and

(

b) on the basis of the assessed value of the land and

improvements.

(3) For the purposes of subsection (1) (a), the bylaw may

establish for each property class

(

a) a single rate for all revenue to be raised, or

(

b) separate rates for revenue to be raised for different purposes

but, in this case, the relationships between the different property class rates must be

the same for all purposes.

(4) For the purposes of subsection (1) (b), for each local

government or other public body in relation to which the amounts are to be collected,

(

a) the bylaw must establish separate rates for each property

class, and

(

b) the relationships between the different property class rates

must be the same as the relationships established under subsection (3) unless otherwise

required by this or another Act.

(5) Property value taxes under subsection (1) are deemed to be

imposed on January 1 of the year in which the bylaw under that subsection is adopted,

unless expressly provided otherwise by the bylaw or by the enactment under which they are

imposed.

(6) The minimum amount of tax under subsection (1) in any year on

a parcel of real property is $1.

(7) If the amount of revenue raised in any year for a body under

subsection (1) (

b) is more or less than the amount that is required to meet the

municipality's obligation, the difference must be used to adjust the rate under subsection

(1) (

b) for the next year.

Assessment averaging and phasing option

359.1

(1) Instead of imposing tax rates on the assessed

value of land and improvements, an annual property tax bylaw may impose rates under

subsection (2) or (3).

(2) For an assessment averaging option, tax rates may be imposed

on the amount determined in accordance with the following formula:

Amount = averaged land value + assessed

improvements value

(3) For an assessment phasing option, tax rates may

where

averaged land value

the average of the assessed value of the land in the current

year and the 2 preceding years;

assessed improvements value

the assessed value of improvements in the current year.

be imposed on

the amount determined in accordance with the following formula:

Amount = (assessed land value – phasing

reduction) + assessed improvements value

where

assessed land value

the assessed value of the land in the current year;

phasing reduction

the phasing percentage established by the bylaw, being not less than 50% and not more than 66 %, of the difference between

(

a) the increase in the assessed value of the land in the current year from

the previous year, and

(

b) the assessed value of the land in the previous year multiplied by the

average percentage increase in the assessed value from the previous year to the current

year of all land within the municipality included in the same property class;

assessed improvements value

the assessed value of improvements in the current year.

(4) A council must not adopt a bylaw imposing tax rates under this

section unless the following requirements are met:

(

a) the council complies with the requirements of any regulations

under subsection (13);

(

b) before January 1 of the year in which the bylaw is to take

effect, notice of intent to consider the bylaw is provided to the inspector and to the

assessment commissioner;

(

c) after January 1 of the year in which the bylaw is to take

effect and at least 2 weeks before the adoption of the bylaw, a notice that

(

i) contains the prescribed information, and

(ii) describes the estimated effect of the bylaw on the taxation

of sample properties within the municipality

is published in 2 consecutive issues of a newspaper;

(

d) the bylaw is adopted before March 31 in the year in which it

is to take effect;

(

e) the bylaw establishes a procedure to allow property owners to

complain to the local court of revision about errors made in applying the bylaw to their

property.

(5) Subject to any regulations under subsection (13), a bylaw

imposing tax rates under this

section may

(

a) apply to one or more property classes, or

(

b) modify the averaging formula in subsection (2) or the phasing

formula in subsection (3) to exempt from the bylaw or govern the application of the bylaw

to particular types of property within a property class.

(6) The authority under subsection (5) (

b) includes authority in

relation to property with an assessed value that is different from that on the previous

assessment roll because of one or more of the following:

(

a) an error or omission;

(

b) a subdivision or consolidation or a new development to, on or

in the land;

(

c) a change in

(

i) physical characteristics,

(ii) zoning,

(iii) the classification of the property under

section 19 (14) of

the Assessment Act, or

(iv) the eligibility of the property for assessment under

section

19 (8), 23 or 24 of the Assessment Act;

(

d) any other prescribed factor.

(7) If a council adopts a bylaw imposing tax rates under this

section, the following rules apply:

(

a) the assessed value or the net taxable value must continue to

be the basis for determining the amount of money to be raised in the municipality for the

purposes of the following:

(i)

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

(ii) sections 119 and 137 of the School Act;

(iii)

section 17 of the Assessment Authority Act;

(iv) sections 15 and 17 of the Municipal Finance Authority Act;

(

v) section 14 of the British Columbia Transit Act;

(vi) any other prescribed enactment;

(

b) the value determined under the bylaw, and not the assessed

value or the net taxable value referred to in this or any other Act, must be the basis for

taxing properties within the property classes specified in the bylaw to raise the money

required under the provisions referred to in paragraph (a).

(8) If

(

a) a body other than the council sets a rate under an enactment

for calculating property taxes, and

(

b) the council adopts a bylaw imposing tax rates under this

section,

then, despite any other Act, the council must, by resolution,

substitute a rate that is sufficient to raise the same amount of revenue in the

municipality for that body from each property class to which that bylaw applies as the

amount that would have been raised for that body had that bylaw not been adopted.

(9) If the amount of revenue raised in any year for a body under

subsection (8) is more or less than the amount that would have been raised had the council

not substituted the rate, the difference must be used to adjust the rate for the next

year.

(10) If a council adopts a bylaw imposing tax rates under this

section,

(

a) it must establish a local court of revision in accordance with

Division 2 [Parcel Taxes], and

(

b) the local court of revision may

(

i) adjudicate complaints about errors made in applying the bylaw

to the assessed value of any property, and

(ii) direct the collector to make any amendments to the adjusted

value of the property that are necessary to give effect to the court's decision.

(11) If the assessed value of a parcel of land on the assessment

roll has been adjusted under a bylaw adopted under this section, the tax notice under

section 369 [general tax notices] for the parcel must include or have enclosed with

it a statement

(

a) informing the owner that assessed values and tax rates have

been adjusted as a result of the bylaw,

(

b) specifying the adjusted value of the land and the value of any

improvements on it, and

(

c) describing the procedure for requesting the collector to

correct errors and for complaining to the local court of revision.

(12) On the initiative of the collector or on the request of an

owner who is notified under subsection (11) of adjustments to the assessed value of the

owner's property, the collector may correct errors made in applying the bylaw to any

property.

(13) The Lieutenant Governor in Council may make regulations as

follows:

(

a) restricting the property classes to which a bylaw imposing tax

rates under this

section may apply;

(

b) defining any term used in this section;

(

c) governing the way in which the averaging formula in subsection

(2) or the phasing formula in subsection (3) may be modified to exempt from the bylaw or

govern the application of the bylaw to particular types of property within a property

class, including property referred to in subsection (6);

(

d) prescribing the information to be contained in the notice that

is to be published under subsection (4) (c);

(

e) prescribing factors for the purposes of subsection (6) and

enactments for the purposes of subsection (7).

Regulations respecting property tax rates

359.2

(1) The Lieutenant Governor in Council may make

regulations respecting tax rates that may be established by an annual property tax bylaw,

including regulations doing one or more of the following:

(

a) prescribing limits on tax rates;

(

b) prescribing relationships between tax rates;

(

c) prescribing formulas for calculating the limits or

relationships referred to in paragraph (

a) or (b);

(

d) allowing the inspector under prescribed circumstances to vary,

by order, the limits, relationships or formulas prescribed under any of paragraphs (

a) to

(c).

(2) Regulations under subsection (1) may prescribe different tax

limits, relationships or formulas for each class of property, different municipalities or

different classes of municipality and may be different for one or more of the following:

(

a) the taxation of land and improvements for the purposes of

section 359 (1) (a) [municipal property taxes];

(

b) the taxation of land and improvements for the purposes of

section 359 (1) (b) [property taxes for other bodies] or for another purpose

referred to in

section 359.1 (7) (a) [assessment averaging and phasing for other

bodies];

(

c) the taxation of land or improvements, or both, under

Part 19 [Local

Improvements and Specified Areas], based on assessed value or the value determined

under

section 359.1 [assessment averaging and phasing].

(3) The Lieutenant Governor in Council may only make a regulation

under this

section after the minister has consulted with representatives of the Union of

British Columbia Municipalities respecting the proposed regulation.

Grouping of parcels

359.3

(1) Taxes imposed on a parcel of land that is

combined under the Assessment Act with other parcels to form one parcel are deemed

to be taxes on all the land combined as one parcel.

(2) For the purposes of assessment, taxation, recovery of taxes

and tax sale, parcels combined as referred to in subsection (1) are deemed to constitute

one parcel.

Division 2 – Parcel Taxes

Parcel tax bylaw

(1) A council may, by bylaw, impose a parcel tax in

accordance with this Division to provide all or part of the funding for a service.

(2) Unless otherwise permitted by this or another Act, a parcel

tax under this

section must be imposed on all parcels within the municipality, other than

those that are exempt under this or another Act in relation to the tax.

(3) A bylaw under subsection (1) must

(

a) state the service for which the tax is imposed,

(

b) state the years for which the tax is imposed,

(

c) state the basis, as referred to in

section 360.1 (2) [assessment

roll bylaw – basis of taxation], on which the tax is to be imposed,

(

d) identify the assessment roll under this Division that is to be

used for imposing the tax, and

(

e) impose the rates for the tax.

(4) A bylaw under subsection (1) may provide for waiving or

reducing the tax if the owner or a previous owner of the parcel has

(

a) provided all or part of the service at the owner's expense, or

(

b) already paid towards the cost of the service on terms and

conditions specified in the bylaw.

(5) The municipality must make available to the public, on

request, a report respecting how parcel tax rates under this

section were determined.

(6) In each year that a parcel tax is imposed under this section,

it is deemed to be imposed on January 1 of the year unless expressly provided otherwise by

the bylaw under subsection (1).

Assessment roll bylaw

360.1

(1) A council may, by bylaw, direct the preparation

of an assessment roll for the purposes of imposing a parcel tax.

(2) A bylaw under subsection (1) must establish the basis on which

a parcel tax may be imposed using the assessment roll, which may be on the basis of

(

a) a single amount for each parcel,

(

b) the taxable area of the parcel, or

(

c) the taxable frontage of the parcel.

(3) If the bylaw provides a basis under subsection (2) (

b) or (c),

it must establish how the taxable area or taxable frontage of a parcel is to be

determined, subject to the following:

(

a) the methods for determination must be based on the physical

characteristics of the parcel;

(

b) the basis established for one class of parcel must be fair and

equitable as compared with the basis established for other classes of parcels.

(4) A bylaw under subsection (1) may establish different classes

of parcels and make different provisions for different classes of parcels.

Assessment rolls for parcel taxes

(1) The assessment roll for a parcel tax must set out

the following:

(

a) the parcels to be assessed;

(

b) the name and address of the owner of each parcel;

(

c) unless the tax is imposed on the basis of a single amount for

each parcel, the taxable area or the taxable frontage of each parcel, as applicable;

(

d) if the name of a holder of a registered charge is included on

the assessment roll under

section 4 of the Assessment Act for a parcel, the name

and address of that person.

(2) The collector may correct errors on the assessment roll at any

time before the roll is authenticated under

section 361.5 [authentication of assessment

roll].

(3) Once prepared by the collector, the assessment roll must be

open for public inspection at the municipal hall during its regular office hours.

(4) If requested by an owner, the collector must amend an

assessment roll that is to be available for public inspection by omitting or obscuring the

address of the owner or other information about the owner in order to protect the privacy

or security of the owner.

(5) A request under subsection (4) continues to apply to other

assessment rolls under this Division until the request is rescinded.

Local court of revision required for parcel tax

361.1

(1) Before a parcel tax is imposed for the first

time, a local court of revision must consider any complaints respecting the assessment

roll and must authenticate the assessment roll in accordance with this Division.

(2) A local court of revision is to consist of

(

a) the council members, or

(

b) at least 3 and not more than 5 persons appointed for that

purpose, who may or may not be council members.

(3) Before taking on his or her duties, a member of a local court

of revision must swear or affirm an oath in the form prescribed by regulation or

established by bylaw.

Notice of sitting by local court of revision

361.2

(1) The council must

(

a) establish the time and place for the sitting of the local

court of revision, and

(

b) have notice of the time and place published in a newspaper at

least 2 weeks before the day of the sitting.

(2) At least 14 days before the day set for the sitting of the

local court of revision, the collector must mail or otherwise deliver to the owner of

every parcel of land that is to be taxed a notice stating

(

a) the service in relation to which the parcel tax is to be

imposed,

(

b) the taxable area or the taxable frontage, if applicable,

(

c) the time and place of the first sitting of the local court of

revision, and

(

d) that the assessment roll is available for inspection at the

municipal hall during its regular office hours.

(3) The obligation to give notice under subsection (2) is

satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Local court of revision to hear complaints and make corrections

361.3

(1) Subject to subsection (2), a person may make a

complaint to the local court of revision on one or more of the following grounds:

(

a) there is an error or omission respecting a name or address on

the assessment roll;

(

b) there is an error or omission respecting the inclusion of a

parcel;

(

c) there is an error or omission respecting the taxable area or

the taxable frontage of a parcel;

(

d) an exemption has been improperly allowed or disallowed.

(2) A complaint must not be heard by the local court of revision

unless written notice of the complaint has been given to the municipality at least 48

hours before the time set for the first sitting of the local court of revision.

(3) The local court of revision may direct the correction of the

assessment roll respecting any matter referred to in subsection (1).

(4) As a limit on subsection (3), a correction that would

(

a) include a parcel on the assessment roll that had not been

included before, or

(

b) increase the taxable area or taxable frontage of a parcel on

the assessment roll

must not be directed until 5 days after a notice in accordance

with subsection (5) has been mailed or otherwise delivered to the owner of the parcel.

(5) The notice under subsection (4) must state

(

a) the intention of the local court of revision, and

(

b) the time and place set for the court to give its direction.

(6) The obligation to give notice under subsection (4) is

satisfied if a reasonable effort was made to deliver the notice.

Application of Assessment Act provisions

361.4

(1) The following sections of the Assessment Act

apply to a local court of revision:

section 32 (3), (4) and (5) [complaints by local government or

assessor];

section 33 (3) [contents of notice of complaint];

section 35 (1) (

b) and (

c) and (2) [notice of hearing to

complainant];

section 36 [daily

schedule of review panel];

section 37 [notice of withdrawal of complaint];

section 38 (2) (a), (7) and (9) [review panel procedures];

section 40 [burden of proof].

(2) For the purposes of subsection (1), a reference in those

sections to a review panel is deemed to be a reference to a local court of revision and a

reference to an assessor is deemed to be a reference to the collector.

Authentication of assessment roll

361.5

(1) The chair of the local court of revision must

review the assessment roll to confirm that the directed corrections have been made and

must report this to the local court of revision.

(2) After rece