119/90

O.C. 524/90

March 30, 1990

Islands Trust Act

Islands Trust Regulation

[Last amended November 1, 2021 by B.C. Reg. 275/2021]

119_90_pit

Interpretation

In this regulation:

Act means the Islands Trust Act ;

presiding officer means the person who presides over the election of the executive committee;

project means construction or enlargement of a building or improvement.

Application

This regulation applies to the "trust area" as defined and described in the Act.

Local trust area boundaries

For the purpose of the Act, the boundaries of each local trust area are shown on the map in

Schedule A.

Land use in trust area

Section 32 of the Act does not apply, on a parcel of land that is within a local trust area but not within a municipality, to the construction of

a dwelling unit, unless a dwelling unit already exists on the parcel,

a recreational cottage not exceeding 400 square feet in floor area, unless a recreational cottage already exists on the parcel, and

any structure accessory to a dwelling unit or recreational cottage.

If approval for a project is required under

section 32 of the Act or this regulation, the owner of the building or improvement shall not use or occupy the building or improvement, or permit the use or occupancy of the building or improvement, until an application for the project has been approved by the local trust committee.

Application and approval

An application made under

section 32 of the Act for approval of a project shall include the following information:

the name and address of the applicant or each applicant;

the location by address or legal description of the parcel of land involved;

the size of the parcel of land involved;

a statement describing the proposed dimensions, number of stories and area in square feet of land to be occupied by the project;

a statement describing the use and purposes of the project;

a statement declaring the existence of and describing the use, dimensions, number of storeys and area of land occupied by any existing structure situated on the parcel of land involved;

any other information that may be required by the chairperson of the local trust committee in relation to the application.

Vice chairpersons

5.1

The number of vice chairpersons of the executive committee is 3.

[en. B.C. Reg. 80/95, s. 1.]

Election of executive committee

The chairperson of the executive committee must be elected before elections are held for vice chairpersons.

No local trustee or municipal trustee shall, at one time, hold more than one office of chairperson or vice chairperson.

For each election the presiding officer shall call for nominations and accept and record each nomination that is

made by a local trustee or a municipal trustee, other than the nominee,

seconded by a local trustee or a municipal trustee, other than by the nominee, and

accompanied by an indication of the nominee's willingness to stand as a candidate.

If only one nomination is accepted and recorded for a position, the nominated candidate is elected to that position by acclamation.

After the recording of nominations and where an election by vote is required, the local trustees and municipal trustees shall, by majority vote of those present, elect a local trustee or municipal trustee who is not a candidate to assist the presiding officer in counting the votes.

If there is no election by acclamation, the presiding officer shall prepare ballots showing all the candidates' names in alphabetical order and distribute them to the local trustees and municipal trustees.

Voting is by secret ballot and proxy voting is not permitted.

If positions of vice chairperson must be filled by election by ballot, the candidate receiving the highest number of votes and, if circumstances require to fill further vacancies, the candidate receiving the second highest number of votes and the candidate receiving the third highest number of votes respectively, are elected.

The presiding officer shall announce the election of the successful candidate or candidates.

When the election is completed, the ballots shall be destroyed.

[am. B.C. Reg. 80/95, s. 2.]

Tied results

If there are 2 or more candidates for election as chairperson tied for the lead after a ballot, a further vote by secret ballot must be held with only the names of these candidates on the ballot.

If the ballot under subsection (1) results in a further tie, the local trustee or municipal trustee elected under

section 6 (5) to assist in counting the votes shall select a candidate by lot.

If, after a ballot for election as vice chairperson 2 or more candidates are tied for a vacancy that cannot therefore be filled without holding a further ballot, a further vote by secret ballot must be held and the names on this ballot must only be those of the candidates who were tied.

Subsection (2) applies if there is a further tie as a result of the further vote under subsection (3).

[am. B.C. Reg. 80/95, s. 3.]

Vacancies

If an office of the executive committee becomes vacant, the election under

section 20 (7) of the Act of a local trustee or municipal trustee to serve the balance of the term shall be held within 90 days of the vacancy under

section 6 of this regulation.

[am. B.C. Reg. 80/95, s. 4.]

Local trust committee

The member of the executive committee appointed under

section 23 (3) (

a) of the Act shall be the chairperson of the local trust committee.

Conduct and remuneration of trust body members

In relation to their powers, duties and functions under the Act,

Division 6 [Conflict of Interest] of

Part 4 of the Community Charter applies to members of the trust council and trust fund board, and

in addition to its application under

section 6 (7) of the Act, Division 7 [Disqualification] of

Part 4 of the Community Charter applies to municipal trustees.

Section 282 (2) (e) [regulations] of the Community Charter applies in relation to subsection (1).

Section 168 [reporting of council remuneration, expenses and contracts] of the Community Charter applies to the members of the trust council.

[en. B.C. Reg. 469/2003.]

Application of Community Charter and Local Government Act to trust bodies

In this section, trust body means the trust council, the executive committee, a local trust committee and the trust fund board.

The following provisions of the Community Charter apply as indicated:

Community Charter provision

applies to

Division 3 [Open Meetings] of

Part 4

all trust bodies

section 95 (2) to (5) [public access to records]

all trust bodies

section 97, other than subsection (1) (

d) and (

h) all trust bodies

section 122 (4) [validity of proceedings]

the executive committee and the trust fund board

section 123 (1) to (5) and (7) [voting rules]

all trust bodies

section 127 (2) and (3), other than subsection (2) (b), [notice of special meetings]

all trust bodies

section 129 (4) to (6) [quorum]

all trust bodies

section 132 [authority of presiding member]

all trust bodies

section 133 [expulsion from meetings]

all trust bodies

section 183 [investment of municipal funds]

the trust council

section 184 [property accepted in trust]

the trust council

Division 4 [Reserve Funds] of

Part 6

the trust council

Division 5 [Restriction on Use of Funds] of

Part 6

the trust council

section 282 (2) (

c) and (f) [regulations]

all trust bodies

The following provisions of the Local Government Act apply as indicated:

Local Government Act provision

applies to

section 236 (

a) to (c) [corporate officer responsibilities]

the secretary

section 223 (1) [minutes of board meetings]

all trust bodies

section 223 (2) [minutes of board committee meetings ]

all trust bodies

section 622 [definition of "municipal instrument"]

the trust council, the executive committee and the trust fund board

section 627 [validity of council proceedings]

the trust council, the executive committee and the trust fund board

section 751 [self-insurance by local authorities]

trust and trust fund

section 222 [voting on urgent issues]

the executive committee and the trust fund board

section 225 (1) (

a) and (b) [procedure bylaws]

the executive committee and the trust fund board

section 225 (2) [procedure bylaws]

the trust council, the local trust committees and the trust fund board

section 404 [revenue anticipation borrowing]

the trust council

section 405 [short-term capital borrowing in relation to general administration]

the trust council

section 229 [delegation of board authority] , other than subsection (1) (

a) and (

c) the local trust committees

section 230 [bylaw required for delegation]

the local trust committees

section 232 [reconsideration of delegate's decisions]

the local trust committees

For the purposes of the application of the Community Charter or the Local Government Act to the trust or a trust body, a reference to a local government corporate officer is to be considered a reference to the secretary.

For the purposes of the application of

section 223 (1) (

b) of the Local Government Act , the reference to the designated regional district officer is to be considered a reference to the person who records the minutes at the meeting.

5.1

For the purposes of the application of

section 229 of the Local Government Act , a local trust committee may delegate only its powers, duties and functions under sections 490 and 491 [development permits] of that Act, as adopted by

section 29 of the Islands Trust Act .

The trust council may, by bylaw, establish fees for obtaining copies of documents that are available for public inspection.

For certainty, the application of sections 404 and 405 of the Local Government Act to the trust council is subject to

section 8 (3) [prior approval by minister] of the Islands Trust Act .

[en. B.C. Reg. 469/2003; am. B.C. Regs. 117/2018, s. 11; 275/2021.]

Repealed

12-13.1

Repealed. [B.C. Reg. 469/2003.]

Offence

A person who deliberately submits false or misleading information in an application under the Act or this regulation commits an offence.

If an offence under the Act or this regulation is of a continuing nature, each day that the offence continues constitutes a separate offence.

Spent

Spent.

Schedule A

[am. B.C. Reg. 279/99, s. 1.]

(Section 3)

Local Trust Area Boundaries

Maps are exempt from publication and may be inspected at the offices of the Ministry of Municipal Affairs, 800 Johnson Street, Victoria, B.C. V8W 9N7, during regular office hours.

[Provisions relevant to the enactment of this regulation: Islands Trust Act , R.S.B.C. 1996, c. 239, ss. 53 and 54.]