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Volume 54, No. 3

B.C. Reg. 37/2011

The British Columbia Gazette,

Part II

February 22, 2011

B.C. Reg. 37/2011, deposited February 21, 2011, pursuant to the LOCAL GOVERNMENT ACT [Sections 882, 913, 921 and 930]. Ministerial Order M35/2011, dated February 21, 2011.

I, Stephanie Cadieux, Minister of Community, Sport and Cultural Development, order that the attached Regional District of Central Okanagan Approval Exemption Regulation is made.

— S. CADIEUX, Minister of Community, Sport and Cultural Development .

REGIONAL DISTRICT OF CENTRAL OKANAGAN APPROVAL EXEMPTION REGULATION

Contents

Definitions

Bylaws adopting official community plan

Zoning or subdivision servicing bylaws

Bylaws issuing temporary use permits

Bylaws amending land use contracts

Definitions

1 In this regulation:

"Act" means the Local Government Act ;

"exemption period" means the period commencing at the beginning of the day on March 1, 2011 and ending at the end of the day on February 28, 2013;

"regional district" means the Regional District of Central Okanagan.

Bylaws adopting official community plan

2 A regional district bylaw adopting an official community plan under Division 2 of

Part 26 of the Act may be adopted without the ministerial approval contemplated by

section 882 (4) of the Act in the following circumstances:

(

a) the bylaw is adopted in the exemption period;

(

b) the bylaw was referred to first nations in accordance with the practices that are described for local governments in the Ministry of Community, Sport and Cultural Development's Guide to First Nations Engagement on Government Statutory Approvals (Interim);

(

c) if the bylaw applies only to Crown land, the regional district receives, before the bylaw is adopted, notification in writing from the Ministry of Natural Resource Operations or from the ministry or provincial agency responsible for managing the affected land that the matters dealt with by the bylaw are consistent with the government's policies for use of the affected land;

(

d) if the bylaw applies only to land in the Agricultural Land Reserve, the bylaw was referred to the Agricultural Land Commission at least one month before the public hearing for the bylaw.

Zoning or subdivision servicing bylaws

3 A regional district zoning bylaw or a subdivision servicing bylaw may take effect without having been forwarded to the minister under

section 913 (1) of the Act or approved by the minister under

section 913 (2) of the Act in the following circumstances:

(

a) the bylaw is adopted in the exemption period;

(

b) the bylaw was referred to first nations in accordance with the practices that are described for local governments in the Ministry of Community, Sport and Cultural Development's Guide to First Nations Engagement on Government Statutory Approvals (Interim);

(

c) if the bylaw applies only to Crown land, the regional district receives, before the bylaw is adopted, notification in writing from the Ministry of Natural Resource Operations or from the ministry or provincial agency responsible for managing the affected land that the matters dealt with by the bylaw are consistent with the government's policies for use of the affected land;

(

d) if the bylaw applies only to land in the Agricultural Land Reserve, the bylaw was referred to the Agricultural Land Commission at least one month before the public hearing for the bylaw;

(

e) if and to the extent that the bylaw deals with matters referred to in

section 938 (1) of the Act, the regional district, before the bylaw is adopted, receives notification in writing from the Ministry of Transportation and Infrastructure advising that

(

i) those matters, as dealt with by the bylaw, conform to that ministry's current Geotechnical Design Specifications for Subdivisions as it reads at the time of the notification or otherwise meet or exceed the standards set by those Specifications in relation to those matters, and

(ii) those matters, as dealt with by the bylaw, conform to

Chapter 1400 of the BC Supplement to the Transportation Association of Canada Geometric Design Guide as it reads at the time of the notification or otherwise meet or exceed the standards set by that Supplement in relation to those matters.

Bylaws issuing temporary use permits

4 A regional district bylaw by which a temporary use permit is issued may take effect without having been forwarded to the minister under

section 913 (1) of the Act or approved by the minister under

section 913 (2) of the Act, as those provisions apply under

section 921 (7) of the Act, in the following circumstances:

(

a) the bylaw applies only to a portion of the regional district that is outside a municipality and there is no official community plan in effect for that portion;

(

b) the bylaw is adopted in the exemption period;

(

c) the bylaw was referred to first nations in accordance with the practices that are described for local governments in the Ministry of Community, Sport and Cultural Development's Guide to First Nations Engagement on Government Statutory Approvals (Interim);

(

d) if the bylaw applies only to Crown land, the regional district receives, before the bylaw is adopted, notification in writing from the Ministry of Natural Resource Operations or from the ministry or provincial agency responsible for managing the affected land that the matters dealt with by the bylaw are consistent with the government's policies for use of the affected land;

(

e) if the bylaw applies only to land in the Agricultural Land Reserve, the bylaw was referred to the Agricultural Land Commission at least one month before the public hearing for the bylaw.

Bylaws amending land use contracts

5 A regional district bylaw amending a land use contract under

section 930 (2) of the Act may be adopted without the ministerial approval contemplated by

section 930 (6) of the Act in the following circumstances:

(

a) the bylaw is adopted in the exemption period;

(

b) the bylaw was referred to first nations in accordance with the practices that are described for local governments in the Ministry of Community, Sport and Cultural Development's Guide to First Nations Engagement on Government Statutory Approvals (Interim);

(

c) if the bylaw applies only to Crown land, the regional district receives, before the bylaw is adopted, notification in writing from the Ministry of Natural Resource Operations or from the ministry or provincial agency responsible for managing the affected land that the matters dealt with by the bylaw are consistent with the government's policies for use of the affected land;

(

d) if the bylaw applies only to land in the Agricultural Land Reserve, the bylaw was referred to the Agricultural Land Commission at least one month before the public hearing for the bylaw;

(

e) if and to the extent that the bylaw deals with matters referred to in

section 938 (1) of the Act, the regional district, before the bylaw is adopted, receives notification in writing from the Ministry of Transportation and Infrastructure advising that

(

i) those matters, as dealt with by the bylaw, conform to that ministry's current Geotechnical Design Specifications for Subdivisions as it reads at the time of the notification or otherwise meet or exceed the standards set by those Specifications in relation to those matters, and

(ii) those matters, as dealt with by the bylaw, conform to

Chapter 1400 of the BC Supplement to the Transportation Association of Canada Geometric Design Guide as it reads at the time of the notification or otherwise meet or exceed the standards set by that Supplement in relation to those matters.

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