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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE ANDREW PETTER

MINISTER OF FINANCE AND

CORPORATE RELATIONS AND

MINISTER RESPONSIBLE FOR

INTERGOVERNMENTAL RELATIONS

BILL 17 – 1997

CAPITAL REGION WATER SUPPLY AND

SOOKE HILLS PROTECTION ACT

Contents

Section

Definitions

Water supply local service established

Water distribution local service established

CRD must establish a regional water supply commission

Establishment of Sooke Hills Wilderness Regional Park

Power to make regulations

Transfer of assets, liabilities and authority to CRD

Transitional – water district bylaws deemed to be bylaws of regional district

Transitional – restrictions on disposition of land owned by water district

Transitional – power to grant certain powers under repealed Act

11-13

Consequential Amendments

Repeal

Commencement

Schedule

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

of British Columbia, enacts as follows:

Definitions

1 In this Act:

"participating area" means a participating area

defined in

Part 24 of the Municipal Act ;

"regional district" means the Capital Regional District;

"water district" means the Greater Victoria Water District.

Water supply local service established

(1) A water supply local service of the regional district is established with the initial

participating areas listed in subsection (8), until the regional district designates

the participating areas by bylaw under subsection (2).

(2) On or before a date specified by regulation, the regional district must adopt for

the water supply local service established under subsection (1) a bylaw that

(

a) meets all the requirements for a bylaw under

section 806 (1) and (2) of the

Municipal Act, and

(

b) includes all or part of each of the initial participating areas.

(3) The bylaw adopted under subsection (2) must be approved by the minister and for

that purpose

section 257 (3) of the Municipal Act applies.

(4) Section 807 (1) (

b) and (2) of the Municipal Act does not apply to the bylaw

adopted under subsection (2) of this section.

(5) The bylaw adopted under subsection (2) is deemed to be a service establishment

bylaw under the Municipal Act .

(6) If the bylaw adopted under subsection (2) is amended to change the service area,

the amendment must be approved by the minister.

(7) Subject to this Act and the regulations,

Part 24 of the Municipal Act applies to the

water supply local service established under this section.

(8) Until the regional district adopts the bylaw under subsection (2), the water supply

local service is comprised of the following initial participating areas:

The Corporation of the City of Victoria

The Corporation of the District of Oak Bay

The Corporation of the District of Saanich

Corporation of the Township of Esquimalt

The Corporation of the District of Central Saanich

Town of Sidney

District of North Saanich

District of Metchosin

City of Colwood

Town of View Royal

District of Langford

Sooke Electoral Area.

Water distribution local service established

(1) A water distribution local service of the regional district is established with the

initial participating areas listed in subsection (8), until the regional district

designates the participating areas by bylaw under subsection (2).

(2) On or before a date specified by regulation, the regional district must adopt for

the water distribution local service established under subsection (1) a bylaw that

(

a) meets all the requirements for a bylaw under

section 806 (1) and (2) of the

Municipal Act, and

(

b) includes all or part of each of the initial participating areas.

(3) The bylaw adopted under subsection (2) must be approved by the minister and for

that purpose

section 257 (3) of the Municipal Act applies.

(4) Section 807 (1) (

b) and (2) of the Municipal Act does not apply to a bylaw adopted

under subsection (2) of this section.

(5) The bylaw adopted under subsection (2) is deemed to be a service establishment

bylaw under the Municipal Act .

(6) If the bylaw adopted under subsection (2) is amended to change the service area,

the amendment must be approved by the minister.

(7) Subject to this Act and the regulations,

Part 24 of the Municipal Act applies to the

water distribution local service established under this section.

(8) Until the regional district adopts the bylaw under subsection (2), the water distribution local service is comprised of the following initial participating areas:

District of Metchosin

City of Colwood

Town of View Royal

District of Langford

Sooke Electoral Area.

(9) Despite

section 803 of the Municipal Act, the regional district has exclusive jurisdiction to regulate persons or property in relation to the water distribution local

service within municipal participating areas.

CRD must establish a regional water supply commission

(1) By bylaw, the regional district board must establish a regional water supply

commission in accordance with the regulations.

(2) The purpose of the regional water supply commission is

(

a) to foster the provision of high quality water for current and future users of

the water supply service, and

(

b) to encourage effective conservation of the water supply and stewardship

over the water supply catchment area in cooperation with local governments, first nations, the government and the public.

(3) The regional water supply commission is a standing committee under

Part 24 of

the Municipal Act .

Establishment of Sooke Hills Wilderness Regional Park

(1) The land described in the

Schedule is transferred to the regional district and, on

its transfer, is a regional park under the Park (Regional) Act and is dedicated for

public use and enjoyment as a regional park.

(2) The park dedicated under subsection (1) is to be known as the Sooke Hills

Wilderness Regional Park.

(3) The Park (Regional) Act applies to the park dedicated under subsection (1).

(4) On or before a date specified by regulation, the regional district must submit to

the Minister of Environment, Lands and Parks for approval an amendment to its

official regional park plan under the Park (Regional) Act to include the park

dedicated under subsection (1).

(5) On or before a date specified by regulation, the regional district must adopt a

bylaw setting out a park management plan for the park dedicated under

subsection (1).

(6) The park management plan bylaw referred to in subsection (5) must be approved

by the Minister of Environment, Lands and Parks.

(7) Before giving an approval under subsection (6), the Minister of Environment,

Lands and Parks may require that the park management plan bylaw provide for

limited access to areas adjacent to watershed land.

(8) By regulation, the Lieutenant Governor in Council may add all or part of the

following land to the park dedicated under this

section and, for that purpose,

subsections (4) to (7) apply:

Section 5, Goldstream District, except that part thereof containing

6.56 acres, more or less, and registered in the name of Esquimalt and

Nanaimo Railway in AFB 19.297.5266C, except Parcel A (DD 36200I) and

except

part in Plan 12326;

Section 8, Goldstream District, (being shown on Plan 682), except

part in

Plan 12326.

Power to make regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations as follows:

(

a) establishing a date on or before which the regional district must submit to

the inspector of municipalities for approval a bylaw required under

section 2 or 3;

(

b) establishing a date on or before which the regional district must adopt a

bylaw required under

section 2 or 3;

(

c) establishing a date on or before which the regional district must submit its

official regional park plan;

(

d) establishing a date on or before which the regional district must adopt a park

management plan bylaw;

assets, obligations and liabilities under this Act;

(

f) modifying, or making an exception to, any requirement of the Municipal Act

in relation to a service established under this Act;

(

g) imposing additional responsibilities and requirements in relation to a

service established under this Act;

(

h) requiring the regional district to appoint a committee under

Part 24 of the

Municipal Act ;

(

i) in relation to a committee required to be appointed under paragraph (

h) or

the regional water supply commission,

(

i) setting a date on or before which the regional district must establish

a committee or the regional water supply commission,

(ii) establishing the manner in which the members of a committee or the

commission are to be appointed,

(iii) establishing who is eligible to be a member of a committee or the

commission,

(iv) establishing the voting rules for decisions of a committee or the

commission, or

(

v) establishing duties for a committee or the commission and setting

deadlines for the completion of those duties;

(

j) correcting a description of land in the

Schedule or in

section 5 (8).

Transfer of assets, liabilities and authority to CRD

(1) On the coming into force of this section,

(

a) the Greater Victoria Water District is dissolved,

(

b) the appointment of each member of the Administration Board of the water

district is terminated,

(

c) all of the rights, property and assets of the water district, other than

properties listed in the Schedule, are transferred to and vested in the

regional district, and

(

d) the regional district assumes all obligations and liabilities of the water

district.

(2) A reference to the water district in a contract, lease, licence, permit or other

document, the rights and obligations under which have been transferred to, vested

in or assumed by the regional district, is deemed to be a reference to the regional

district.

Transitional – water district bylaws deemed to be bylaws of regional district

8 The bylaws of the water district in force on the day

section 7 comes into force are

deemed to be bylaws of the regional district and may be amended or repealed by the

regional district in the same manner as other bylaws of the regional district.

Transitional – restrictions on disposition of land owned by water district

(1) Commencing April 25, 1997 and until the amendment of the official regional

park plan of the regional district to include that land, the land identified in the

Schedule may not be used for a purpose other than a park or be disposed of by the

regional district without the approval of the Minister of Environment, Lands and

Parks.

(2) Despite subsection (1), if, on the date referred to in subsection (1), land identified

in the

Schedule is being used for a purpose not consistent with park use, that use,

but only that use, may be continued.

(3) Despite subsection (1), between the date referred to in subsection (1) and the

amendment of the official regional park plan the land identified in the

Schedule

may be used for a purpose related to the water supply without approval of the

Minister of Environment, Lands and Parks.

Transitional – power to grant certain powers under repealed Act

(1) Without limiting

section 6, the Lieutenant Governor in Council may make

regulations giving to the regional district for the purposes of this Act powers

within the scope of the powers that the water district had under the Greater

Victoria Water District Act before its repeal.

(2) Subsection (1) is repealed on September 30, 1999.

(3) Despite the repeal of subsection (1), the following continue in force:

(

a) powers granted to the regional district under that subsection;

(

b) any bylaws enacted under powers granted to the regional district under that

subsection.

(4) A power or bylaw continued under subsection (3) may be repealed.

Consequential Amendments

Municipal Finance Authority Act

Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended by

repealing the definition of "regional district" and substituting the following:

"regional district" means

(

a) a regional district as defined for the purposes of

Part 24 of the Municipal Act , and

(

b) except for the purposes of sections 2 and 7, the Greater Nanaimo Water

District, the Greater Vancouver Water District and the Greater Vancouver

Sewerage and Drainage District, if a notice of intention has been given

under

section

Section 25 is repealed and the following substituted:

Notice of intention

25 Despite

section 22,

(

a) the City of Vancouver,

(

b) the Greater Nanaimo Water District,

(

c) the Greater Vancouver Water District, or

(

d) the Greater Vancouver Sewerage and Drainage District

may give written notice to the authority and the inspector of municipalities that, on and

after a date specified in the notice, it intends to finance its capital requirements through

the authority, and after that sections 23 and 24 apply.

Water Act

Section 7 (

f) of the Water Act, R.S.B.C. 1996, c. 483, is repealed and the following substituted:

(

f) the Greater Vancouver Water District or the Greater Nanaimo Water

District, or any other water district incorporated by

an Act of the

Legislature; .

Repeal

14 The Greater Victoria Water District Act, S.B.C. 1922, c. 28, is repealed.

Commencement

(1) This Act comes into force by regulation of the Lieutenant Governor in Council.

(2) When brought into force by regulation,

section 9 is retroactive to the extent

necessary to give it effect on and after the date referred to in that section.

Schedule

(Section 5)

All those parcels of land situate lying and being in the Malahat and Goldstream Land Districts which said

parcels may be more particularly described thus:

That part of District Lot 11, Malahat District shown on Plan 682.

That part of District Lot 19, Malahat District, Plan

Section 27, Goldstream District.

Sections 44, 45 and 47, Goldstream District.

District Lots 42 and 43, Goldstream District.

Section 41, Goldstream District.

Section 17, Goldstream District (being shown on Plan 682).

Section 33, Goldstream District.

Section 32, Goldstream District.

Section 31, Goldstream District.

Section 18, Goldstream District.

Section 19, Goldstream District.

Section 20, Goldstream District.

The northeast 1/4 of

Section 21, Goldstream District except those parts

on Plan DD27844(I).

That part of the northeast 1/4 of

Section 21, Goldstream District,

shown coloured red on plan deposited under DD 27844(I).

That part of the northeast 1/4 of

Section 21, Goldstream District, containing

thirty-one

one hundredths (.31) of an acre as shown coloured red on plan deposited

under DD 27844(I).

The northwest 1/4 of

Section 21, Goldstream District.

Fractional southeast 1/4 of

Section 21, Goldstream District except parts

in Plans DD48525I and DD27689(I).

That part of the Fractional southeast quarter,

Section 21, Goldstream

District shown

coloured red on plan deposited under DD 48525(I).

That part of the Fractional southeast quarter,

Section 21, Goldstream

District, as shown

uncoloured on plan deposited under DD 27689(I).

The southwest 1/4 of

Section 21, Goldstream District.

Section 22, Goldstream District.

Section 68, Goldstream District.

Section 15, Goldstream District (being shown on Plan 682).

Section 9, Goldstream District.

District Lot 71, Goldstream District except

part in Plan

Section 70, Goldstream District except

part in Plan

Section 7, Goldstream District except

part in Plan 12326.

That portion of that part of District Lot 38, Malahat District shown on

Plan 682 lying

within the watershed of Niagara Creek.

That portion of that part of District Lot 20, Malahat District shown on

Plan 682 lying

within the watershed of Waugh Creek except that

part lying to the West of

a straight

line drawn parallel to and perpendicularly distant 600 metres East from

the most westerly

boundary of said District Lot 20, and the said straight line produced.

That portion of that part of District Lot 10, Malahat District shown on

Plan 682 lying

within the watershed of Waugh Creek.

Those portions of that part of District Lot 22, Malahat District shown

on Plan 682

which said portions lie:

Firstly: within the watershed of Waugh Creek, save and except the bed

of the reservoir

and the dam structure located therein, and

Secondly: within the watershed of Niagara Creek, and

Thirdly: within that part of the watershed of Goldstream River which does

not contribute

water to the Japan Gulch reservoir located in

Section 8, Goldstream District.

Those portions of District Lot 85, Malahat District except

part included

within the

Right of Way of the Esquimalt and Nanaimo Railway Company, and except that

part

lying to the East of the Right of Way of the Esquimalt and Nanaimo Railway

Company,

which said portions lie:

Firstly: within the watershed of Niagara Creek, and

Secondly: within that part of the watershed of Goldstream River which

does not contribute

water to the Japan Gulch reservoir located in

Section 8, Goldstream District.

That portion of that part of

Section 16, Goldstream District (being shown

on Plan 682) lying

within the watershed of Waugh Creek.

That portion of that part of

Section 14, Goldstream District (being shown

on Plan 682) lying

within the watershed of Waugh Creek.

That portion of

Section 23, Goldstream District except

part in Plan 12326

which said portion

lies within that part of the watershed of Goldstream River which does not

contribute water

to the Japan Gulch reservoir located in

Section 8, Goldstream District.

Parcel A (DD 88622I) of

Section 30, Goldstream District.

That part of

Section 30, Goldstream District described as commencing at

the northeasterly

corner of said

Section thence southerly along the easterly boundary of said

Section a distance

of 10 chains, thence westerly and parallel to the northerly boundary of

said

Section a distance

of 20 chains, thence northerly and parallel to the said easterly boundary

to an intersection with

the said northerly boundary, thence easterly along the said northerly boundary

to the point of

commencement, except

part in Plan DD 14200F.

That part of

Section 30, Goldstream District in Plan DD 13286(I).

That part of

Section 30, Goldstream District in Plan DD14200F.

That part of

Section 4, Goldstream District described as commencing at

the north east corner of

Section 30 of said District, thence north 19° 30' East, a distance

of 6 chains, thence westerly and

parallel to the southerly boundary of said

Section 4, a distance of 13.83

chains, more or less, to an

intersection with the easterly boundary of Goldstream and Sooke Cross Road,

thence southerly

along the said easterly boundary of the said Cross Road a distance of 6.20

chains, more or less,

to an intersection with the said southerly boundary of said

Section 4, thence

easterly along the said

boundary of said

Section 4, to the point of commencement, except parts in

Plan DD 14200F.

Lot 1,

Section 4, Goldstream District, Plan 26999.

That part of

Section 4, Goldstream District in Plan DD 14200F except

part

in Plan 8956.

That part of

Section 4, Goldstream District in Plan DD 13275(

I) except

part in Plan 26999.

Parcel A (DD 51801(I)) of

Section 4, Goldstream

District.

That part of

Section 4, Goldstream District shown coloured red on Plan

DD 15774.

That part of

Section 4, Goldstream District, described as follows: commencing

at the southwest

corner of said Section; thence northerly along the westerly boundary of

said

Section to intersect

the southwesterly corner of Parcel A (DD 51801(I)); thence easterly at right

angles a distance of

1285.9 feet, more or less, to intersect the westerly boundary of the Humpback

Road, as said road

is shown on Plan DD 13281(I); thence southerly along the said westerly boundary

of Humpback

Road to intersect the northeasterly corner of that part of said

Section

shown on Plan DD 15774;

thence westerly and southerly along the northerly and westerly boundaries

of said part of said

Section, shown on Plan DD 15744 to intersect the southerly boundary of said

Section; thence

westerly along the said southerly boundary of said

Section to the point

of commencement.

(

I) As the above described lands are shown on the plan deposited in the

Crown Land Registry

under Number 32Tube1744.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

This Bill repeals the Greater Victoria Water District Act and replaces it with a new Act that

provides for the operation of water supply and water distribution services by the Capital

Regional District. The Bill also provides for the establishment of a regional water supply

commission and establishes the Sooke Hills Wilderness Regional Park as a part of the regional

parks system.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada