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1998 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 30th day of July, 1998

Ian D. Izard, Law Clerk

HONOURABLE JENNY KWAN

MINISTER OF MUNICIPAL AFFAIRS

BILL 31 – 1998

LOCAL GOVERNMENT STATUTES

AMENDMENT ACT, 1998

Preamble

WHEREAS the Province of British Columbia and the Union of British Columbia Municipalities

entered into the Protocol of Recognition on September 18, 1996 that

(

a) recognized local government as an independent, responsible and

accountable order of government,

(

b) established principles to form the basis of the relationship between the

Provincial and local orders of government, and

(

c) provided for the formulation of individual sub-agreements;

AND

WHEREAS the Province of British Columbia and the Union of British Columbia Municipalities

entered into the Sub-Agreement on a New Legislative Foundation for Local Government

on October 3, 1997 that establishes the intent of the Province to build a new legislative

foundation for local government and the 9 principles for developing and maintaining that legislative

foundation;

AND

WHEREAS the provisions in this Bill are a significant phase in the reform process

intended to establish this new legislative foundation;

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

of the Province of British Columbia, enacts as follows:

Part 1 of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

Part 1 – Purposes and Principles

Purposes of this Act

1 Recognizing that local government is an independent, responsible and accountable

order of government within its jurisdiction, the purposes of this Act are

(

a) to provide a legal framework and foundation for the establishment and

continuation of local governments to represent the interests and respond to

the needs of their communities,

(

b) to provide local governments with the powers, duties and functions

necessary for fulfilling their purposes, and

(

c) to provide local governments with the flexibility to respond to the different

needs and changing circumstances of their communities.

Purposes of local governments

2 The purposes of a local government include

(

a) providing good government for its community,

(

b) providing the works, services, facilities and other things that the local

government considers are necessary or desirable for all or part of its

community,

(

c) providing stewardship of the public assets of its community, and

(

d) fostering the current and future economic, social and environmental well-

being of its community.

Broad powers

3 The powers conferred on local governments by this Act are to be interpreted broadly

in accordance with the purposes of this Act and the purposes of local government,

subject to the specific limitations and conditions established by or under this Act.

Principles for relationship between local governments and the Provincial government

4 The relationship between local governments and the Provincial government in

relation to this Act is based on the following principles:

(

a) cooperative relations between the Provincial government and local

governments are to be fostered in order to efficiently and effectively meet

the needs of the citizens of British Columbia;

(

b) local governments need the powers that allow them to draw on the resources

required to fulfill their responsibilities;

(

c) notice and consultation is needed for Provincial government actions that

directly affect local government interests;

(

d) the Provincial government recognizes that different local governments and

their communities have different needs and circumstances and so may

require different approaches;

(

e) the independence of local government is balanced by the responsibility of

the Provincial government to consider the interests of the citizens of British

Columbia generally.

Part 1.1 –

Definitions and

Interpretation

Definitions

5 In this Act:

"approving officer" means an approving officer as defined in the Land Title Act;

"assessed value" means assessed value determined under the Assessment Act;

"assessment commissioner" means the assessment commissioner appointed under

the Assessment Authority Act;

"assessor" means an assessor appointed under the Assessment Authority Act;

"board" , in relation to a regional district, means the board of directors for the

regional district;

"building inspector" means a person to whom a local government has assigned the

responsibility for administering bylaws enacted under

section 694 (1) (a)

[building regulation bylaws];

"business licence" means a licence under Division 1 of

Part 20;

"charge" , in relation to an estate or interest in land, means a charge under the Land

Title Act;

"city" does not include the City of Vancouver;

"collector" means the collector of taxes appointed under

section 365 for a municipality;

"conservation" includes any activity undertaken to protect, preserve or enhance the

heritage value or heritage character of heritage property or an area;

"council" means the council of a municipality;

"counter petition" means a petition against a proposed bylaw, action or other matter

of a local government;

"counter petition opportunity" means an opportunity for electors to petition

against a proposed bylaw, action or other matter of a local government in

accordance with

section 242 or 809, as applicable;

"designated local government officer" means the designated municipal officer or

designated regional district officer, as applicable;

"designated municipal officer" means

(

a) the municipal officer assigned responsibility under

section 196 [officer

positions] in relation to the matter, or

(

b) if no assignment referred to in paragraph (

a) has been made, the municipal

officer assigned responsibility under

section 198 [corporate administration];

"designated regional district officer" means

(

a) the regional district officer assigned responsibility under

section 196

[officer positions] in relation to the matter, or

(

b) if no assignment referred to in paragraph (

a) has been made, the regional

district officer assigned responsibility under

section 198 [corporate administration];

"director" , in relation to a regional district, means a member of the board of the

regional district, whether as a municipal director under

section 784 or as an

electoral area director under

section 785;

"district" means a township or district municipality;

"elector" means a resident elector or non-resident property elector of a municipality

or regional district electoral area;

"electoral area" means an electoral area in a regional district as specified by the

letters patent for the regional district;

"farm land" means land classified as farm land by the assessor;

"first nation" means an aboriginal governing body, however organized and

established by aboriginal people in their traditional territory in British Columbia;

"francophone education authority" means a francophone education authority as

defined in the School Act;

"general local election" means the elections referred to in

section 36 (1) [elections

for council members and electoral area directors];

"greater board" means the corporate body, incorporated by

an Act, with responsibility

for the provision of water or sewage and drainage services;

"heritage character" means the overall effect produced by traits or features which

give property or an area a distinctive quality or appearance;

"heritage property" means property that

(

a) in the opinion of a body or person authorized to exercise a power under this

Act in relation to the property, has sufficient heritage value or heritage

character to justify its conservation, or

(

b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, scientific or educational

worth or usefulness of property or an area;

"highway" includes a street, road, land, bridge, viaduct and any other way open to

public use, but does not include a private right of way on private property;

"improvement district" means an improvement district, including a mountain

resort improvement district, incorporated under this or any other Act;

"improvements" means improvements as defined in the Assessment Act;

"inspector" means the inspector of municipalities under

section 1019;

"land" includes the surface of water but does not include

(

a) improvements,

(

b) mines or minerals belonging to the Crown, or

(

c) mines or minerals for which title in fee simple has been registered in the

land title office,

except that, for the purposes of assessment and taxation, it means land as defined

in the Assessment Act;

"letters patent" includes supplementary letters patent;

"local court of revision" means the local court of revision under

section 362 (1);

"local government" means

(

a) the council of a municipality, and

(

b) the board of a regional district;

"local government offices" means

(

a) in relation to a municipality, the municipal hall, and

(

b) in relation to a regional district, the offices where the regular office of the

regional district officer assigned responsibility under

section 198

[corporate administration] is located;

"local improvement" means a work or service undertaken as a local improvement

under Division 1 of

Part 19;

"manage", with respect to land, improvements, personal property or other property,

includes conserve, use, develop, construct, improve, operate, administer and

maintain, as applicable;

"mountain resort improvement district" means a mountain resort improvement

district incorporated under

section 732;

"mountain resort municipality" means a mountain resort municipality incorporated

under

section 11;

"municipal administrative body" means a body, other than the council, that under

this or another Act may exercise the powers of a municipality, and includes a

municipal police board;

"municipality" means a municipality incorporated under this or any other Act, but

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

district;

"newspaper" means, in relation to a requirement or authorization for publication in

a newspaper, a publication or local periodical that contains items of news and

advertising;

"non-resident property elector" means, in relation to a municipality or regional

district electoral area, a person who at the relevant time meets the qualifications

for registration as a non-resident property elector under

section 51 in relation to

the jurisdiction;

"occupier" means a person

(

a) who is qualified to maintain an action for trespass,

(

b) who is in possession of Crown land under a homestead entry or preemption

record,

(

c) who is in possession of

(

i) Crown land, or

(ii) land owned by a municipality or regional district

under a lease, licence, agreement for sale, accepted application to purchase,

easement or other record from the Crown, municipality or regional

district, or

(

d) who simply occupies the land;

"official community plan" means a community plan adopted under

section 882

or 883;

"owner" in respect of real property means

(

a) the registered owner of an estate in fee simple,

(

b) the tenant for life under a registered life estate,

(

c) the registered holder of the last registered agreement for sale,

(

d) the holder or occupier of land held in the manner referred to in

section 356

[taxation of Crown land used by others] or

section 357 [taxation of

municipal land used by others], and

(

e) an Indian who is an owner under the letters patent of a municipality incorporated

under

section 12 [incorporation of reserve residents as a village];

"parcel" means any lot, block or other area in which land is held or into which it is

subdivided, but does not include a highway;

"partnering agreement" means an agreement between a local government and a

person or public authority under which the person or public authority agrees to

(

a) provide or manage a facility or work for the local government, or

(

b) provide a service on behalf of the local government;

"population" means

(

a) population determined by the last preceding census taken by Canada, or

(

b) if a municipality has been incorporated or its area has been adjusted after

that census, population determined by a certificate of the minister;

"protected heritage property" means property that is

(

a) protected under

section 13 (2) of the Heritage Conservation Act,

(

b) included under

section 880 (3) (b) [heritage conservation areas] in a

schedule to an official community plan, or

(

c) designated as protected under bylaws made under

section 967 [heritage

designation protection];

"public authority" means any of the following:

of another province, or an agent of any of them;

(

b) a local government, the City of Vancouver or the trust council, a local trust

committee or the trust fund board under the Islands Trust Act;

(

c) a body in another province or country that provides local government

services;

(

d) a board as defined in the School Act, a regional health board designated

under the Health Authorities Act, a greater board and the trustees of an

improvement district;

(

e) any other local government body, educational body or health care body, as

those terms are defined in the Freedom of Information and Protection of

Privacy Act;

(

f) a first nation;

(

g) any other body prescribed under

section 6.6 (3) (

a) as a public authority for

the purposes of this Act;

"real property" means land, with or without improvements so affixed to the land as

to make them in fact and law a part of it;

"regional district" means a regional district incorporated under

Part 24 or under

Part 24 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was

repealed by the Municipal Amendment Act, 1989;

"regional growth strategy" means a regional growth strategy under

Part 25;

"registered" , in relation to an interest in land less than the fee simple, means

registered as a charge;

"registered owner" means the person registered in the land title office as entitled to

the fee simple;

"regulating" includes authorizing, controlling, inspecting, limiting and restricting;

"resident elector" means, in relation to a municipality or regional district electoral

area, a person who, at the relevant time, meets the qualifications for registration

as a resident elector under

section 50 in relation to the jurisdiction;

"subdivision servicing bylaw" means a bylaw under

section 938;

"zoning bylaw" means a bylaw under

section 903.

Notes for assistance in explaining cross references

6 In this Act, if a reference to a provision of this Act or any other Act is followed by

italicized words in square brackets that are or purport to be descriptive of the subject

matter of the provision, the words in square brackets are not part of this Act, are

included editorially for convenience of reference only and are not to be used in interpreting

this Act or the provision to which the words refer.

References to local government officer

6.1 Words in an enactment referring to a local government officer, by name of office or

otherwise, also apply to

(

a) the officer's deputy, and

(

b) any person designated by the local government to act in the officer's place.

Special rule for Mountain Time Zone

6.2 In those municipalities and regional districts in which Mountain Standard Time or

Mountain Daylight Time is customarily used,

section 25 (7) of the

Interpretation Act

[calculation of time] does not apply and instead a reference to a specified time of the

day is a reference to Mountain Standard Time or Mountain Daylight Time, as

applicable.

Process choice for local governments

6.3 Despite any other provision of this Act, where this Act requires or authorizes a local

government to provide a counter petition opportunity, the local government may

instead seek the assent of electors.

How notices must be published in a newspaper

6.4

(1) If notice is required by this Act to be given by publication in a newspaper, the

notice must be published in accordance with this section.

(2) If the same matter is subject to 2 or more requirements for publication in a

newspaper, the notices required to be published may be combined as long as the

requirements of all applicable sections are met.

(3) The notice may be published in a newspaper that is distributed at least weekly

(

a) in the area affected by the subject matter of the notice, and

(

b) if the affected area is not within the municipality or regional district for

which the notice is to be given, in that municipality or regional district.

(4) The notice may be published in more than one newspaper if the notice is

published in accordance with subsection (3) when the publications are considered

together.

(5) If publication under subsection (3) or (4) is not practicable, the notice may be

given in the areas referred to in subsection (3) by alternative means as long as the

notice

(

a) is given within the same time period as required for publication,

(

b) is given with the same frequency as required for publication, and

(

c) provides notice that, in the view of the body required to give the notice, is

reasonably equivalent to that which would be provided by publication if it

were practicable.

(6) As an exception, subsection (5) (

b) does not apply in relation to an area if the

alternative means is by individual distribution to the persons resident in the area.

Giving notice to municipalities and regional districts

6.5 If an enactment requires or permits

(

a) notice to be given to a municipality or regional district,

(

b) a document to be served on a municipality or regional district,

(

c) a document to be filed with a municipality or regional district, or

(

d) a document to be delivered, sent, submitted or otherwise provided to a

municipality or regional district,

the notice, service, filing or provision is effected if the notice or document is, as

applicable, given, served on, filed with or provided to the local government officer

assigned responsibility under

section 198 [corporate administration].

Power to make regulations

6.6

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

section 41 of the

Interpretation Act [powers to make regulations].

(2) A regulation under this

section may be made to apply to one, some or all municipalities,

regional districts or other bodies governed by this Act, any combination

of them, or any part or parts of them.

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

regulations as follows:

(

a) prescribing a body as a public authority for the purposes of this Act;

(

b) establishing an oath of office for local government officers for the purposes

section 201 [oath of office for officers];

(

c) respecting any other matter for which regulations of the Lieutenant

Governor in Council are contemplated by this Act.

2 The following

section is added to

Part 1.1:

Interim regulations

6.7

(1) Without limiting

section 6.6, the Lieutenant Governor in Council may make

regulations as follows:

(

a) respecting any matter that the Lieutenant Governor in Council considers is

not provided for or is not sufficiently provided for in this Act or in

an Act

amending this Act;

(

b) to make provisions the Lieutenant Governor in Council considers necessary

or advisable for the purpose of more effectively bringing into operation the

amendments made to this Act and to prevent any transitional difficulties

encountered in doing so;

(

c) to resolve any errors, inconsistencies or ambiguities in this Act resulting

from an amendment to this Act.

(2) A regulation under subsection (1) may be made to apply to one, some, or all

municipalities, regional districts or other bodies governed by this Act, any

combination of them, or any part or parts of them.

(3) A regulation under subsection (1) may be made retroactive to a date not earlier

than the date this

section comes into force.

(4) To the extent of any conflict between a regulation under subsection (1) and

another enactment, the regulation prevails.

(5) A regulation under subsection (1) ceases to have effect after the last day of the

next session of the Legislative Assembly after the regulation is made.

(6) This

section is repealed 3 years after the date on which it comes into force.

Section 11.1 (1) is amended by striking out "sections 16 and 17," and substituting

"section 17 (1)," .

Section 13 (3) (

a) is amended by striking out "given an opportunity to petition against the

proposed bylaw by counter petition process in accordance with

section 212.1;" and substituting

"provided with a counter petition opportunity in relation to the proposed bylaw;" .

Section 16 is repealed.

Section 17 is amended by adding the following subsection:

(3) Despite subsection (1), if the Lieutenant Governor in Council considers it to be

in the public interest to do so, a municipality may be incorporated in another

classification provided for in this Act.

Section 18 is repealed and the following substituted:

Change of municipal classification

(1) On request of the council, the Lieutenant Governor in Council may repeal the

letters patent of a municipality and issue others in their place reincorporating the

municipality as a city, town, district or village in accordance with

section 17 (1)

[classification of municipalities].

(2) A council may make a request under subsection (1) only after it has provided a

counter petition opportunity in relation to the proposed change in classification.

(3) Letters patent reincorporating a municipality may include directions on any of the

matters referred to in

section 13 [what must and may be included in letters

patent] and

section 14 [exceptions for industrial plants] and on any other matters

the Lieutenant Governor in Council considers appropriate.

(4) If the minister is satisfied that, since the last census, the population of a municipality

has changed sufficiently to allow a change of classification, the minister

may determine what the population of the municipality is deemed to be for the

purposes of determining its classification for reincorporation.

Section 26 (3) is amended

(

a) by repealing paragraph (

d) and substituting the following:

(

d) a statement indicating that the required public notice has been given and an

affidavit of the designated municipal officer attesting to that publication; ,

(

b) by repealing paragraph (

f) and substituting the following:

(

f) an affidavit of the designated municipal officer attesting to the number of

electors entitled to sign under paragraph (e); , and

(

c) by repealing paragraph (

k) and substituting the following:

(

k) a statement under oath by the mayor, jointly with the municipal officers

assigned responsibilities under

section 198 [corporate administration] and

section 199 [financial administration], showing the existing liabilities of

the municipality and any other information the Lieutenant Governor in

Council may require; .

Section 33 is amended

(

a) by repealing the definition of "local government offices" , and

(

b) by repealing the definition of "neighbourhood constituency" and substituting the

following:

"neighbourhood constituency" means a neighbourhood constituency established

under

section 36.1; .

10 The following

section is added:

Municipal elections at large unless on a neighbourhood constituency basis

36.1

(1) Unless a bylaw under subsection (2) applies, every council member must be

elected from the municipality at large.

(2) A council may, by bylaw, provide that all or some of the councillors be elected

on a neighbourhood constituency basis.

(3) A bylaw under subsection (2) must establish the areas that are to be neighbourhood

constituencies and provide for an orderly transition to election on this

basis.

(4) The authority under subsection (2) applies despite the letters patent of the municipality,

but a bylaw under that subsection must be approved by the Lieutenant

Governor in Council before it is adopted.

(5) If a neighbourhood constituency is established,

(

a) the only persons who may vote as electors of the neighbourhood constituency

are

(

i) resident electors of the municipality who meet the qualifications of

section 50 in relation to the area of the neighbourhood constituency,

and

(ii) non-resident property electors of the municipality who meet the

qualifications of

section 51 in relation to the area of the neighbourhood

constituency, and

(

b) except as permitted at an additional general voting or a special voting

opportunity, the electors of the neighbourhood constituency may only vote

on general voting day at the voting places for that neighbourhood constituency.

(6) The notice of election under

section 77 for an election on the basis of a neighbourhood

constituency must include the following additional information:

(

a) the boundaries of the neighbourhood constituency;

(

b) the voting place on general voting day for the neighbourhood constituency;

(

c) a description of the qualifications established by subsection (5) (

a) that

entitle an elector to vote for a council member to represent the neighbourhood

constituency.

Section 37 is amended

(

a) by repealing subsection (1) (

c) to (

f) and substituting the following:

(

c) the office becomes vacant under

section 211 [disqualification for failure to

take oath];

(

d) the person holding the office resigns under

section 212 [resignation from

office];

(

e) the office is declared vacant on an application under

section 213 [application

to court for disqualification];

(

f) the office becomes vacant by a resolution under

section 214 [resolution

declaring disqualification] or is declared vacant on an application under

subsection (4) of that section. , and

(

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

(7) A person elected under this

section holds office until the applicable time referred

to in

section 209 (1) (

b) or (2) (b) [term of office].

Section 38 (1) (

b) is repealed and the following substituted:

(

b) order the designated local government officer to arrange for the election to

be conducted.

Section 40 is amended

(

a) in subsection (1) by striking out "under this section" , and

(

b) by repealing subsection (2) and substituting the following:

(2) The costs of an election may be shared under an agreement between the local

government and another local government, the council of the City of Vancouver

or a board of school trustees for the conduct of the election by one party for the

other or in conjunction with an election of the other.

Section 51 (7) is repealed and the following substituted:

(7) A registered owner who has consented to the registration of another registered

owner of the property may withdraw the consent by delivering a written

withdrawal to the municipality or regional district.

Section 55 is amended

(

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

(iii) either the birth date or the last 6 digits of the social insurance number

of the applicant; ,

(

b) by repealing subsection (1) (b) (iii) and substituting the following:

(iii) either the birth date or the last 6 digits of the social insurance number

of the applicant; , and

(

c) by repealing subsection (2) and substituting the following:

(2) An application must

(

a) be signed by the applicant and by a witness to the signature of the applicant,

and

(

b) include the residential address of the witness, if this is not a person

authorized by the chief election officer or by the designated local

government officer.

Section 56 is amended

(

a) by repealing subsection (1) (

c) and substituting the following:

(

c) at other times and places authorized by the designated local government

officer. , and

(

b) by repealing subsections (5) to (7) and substituting the following:

(5) At least 6 but not more than 30 days before the start of the closed period under

subsection (4), the designated local government officer must give public notice

of the close of advance registration in accordance with

section 44.

(6) For the purpose of encouraging persons to register as electors,

(

a) a local government may direct the designated local government officer to

arrange an enumeration of the municipality or regional district, and

(

b) that officer may arrange other special opportunities for persons to apply to

register as electors.

(7) The designated local government officer must ensure that application forms are

available from the local government offices during its regular office hours at any

time when advance registration as an elector is permitted.

Section 58 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) The application must be made at the local government offices, to

(

a) the designated local government officer, or

(

b) another local government official authorized by the designated local

government officer. , and

(

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

(5) The designated local government officer must maintain a record of all certificates

issued under this section.

(6) From the 46th day before general voting day until the close of general voting, the

current record under subsection (5) must be available for public inspection at the

local government offices during its regular office hours, and for these purposes

section 62 (4), (5), (8) and (9) [list of registered electors – public access] and

section 63 [protection of privacy] apply to that record.

Section 61 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) The designated local government officer is responsible for maintaining the

register of electors. ,

(

b) in subsection (5) by striking out "the municipal clerk or regional district secretary"

and substituting "the designated local government officer" , and

(

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

(7) The designated local government officer may authorize a person to assist in that

officer's duties under this

section and may authorize the person to exercise the

officer's powers under this section.

Section 62 is amended

(

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

(1) If a register of electors is required under

section 61, the designated local

government officer must prepare a list of registered electors of each jurisdiction

to be used for the purposes of administering an election. , and

(

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

(5) The designated local government officer must ensure that the statements referred

to in subsection (4) are kept until after general voting day for the next general

local election.

Section 64 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) An objection must be received by the designated local government officer, or a

person authorized for this purpose by that officer, before 4 p.m. on the 36th day

before general voting day. , and

(

b) in subsection (6) by striking out "the municipal clerk or regional district secretary"

and substituting "the designated local government officer" .

Section 65 (1) and (2) is amended by striking out "the municipal clerk or regional district

secretary" and substituting "the designated local government officer" .

Section 66 (2) (

d) is repealed and the following substituted:

(

d) a person who is disqualified under

section 91 [failure to file disclosure statement],

section 211 [failure to take oath],

section 479 [use of money contrary to

Part 12],

section 506 [voting for illegal expenditure], or

section 513 [permitting expenditure that lacks proper authority]; .

Section 67 is amended

(

a) in subsection (5) (b) (iii) by striking out "section 181," and substituting "section 211 [disqualification for failure to take oath] ," , and

(

b) in subsection (8) by striking out "section 180," and substituting "section 210," .

Section 68 (3) is amended by striking out "section 182" and substituting "section 212" .

Section 73 (8) is repealed and the following substituted:

(8) The designated local government officer must ensure that the statements referred

to in subsection (7) are kept until after general voting day for the next general

local election.

Section 77 (2) (

d) is amended by striking out "section 178 (6)" and substituting

"section 36.1 (6)" .

Section 90 (1) is repealed and the following substituted:

(1) Within 120 days after general voting day for an election, the financial agent of

each candidate and elector organization must file with the designated local

government officer a disclosure statement in accordance with this section.

Section 103 (1) (

b) is repealed and the following substituted:

(

b) authorize the designated municipal officer or chief election officer to

establish municipal voting divisions.

Section 137 (1) is amended by striking out "section 180" and substituting "section 210" .

Section 143 (8) is repealed and the following substituted:

(8) As soon as possible but no later than 2 days after a petition is filed, the person

making the application must serve the petition and the notice of hearing on the

municipality or regional district for which the election was held.

Section 148 (3) is repealed and the following substituted:

(3) If the results of the election are changed by a judicial recount or on an application

under

section 143 [application to court] after the report under subsection (1) is

submitted, the designated local government officer must submit to the local

government a supplementary report reflecting the changed results.

Section 149 is repealed and the following substituted:

Publication of election results

(1) Within 30 days after elected candidates have taken office, the designated local

government officer must submit the names of the elected officials to the Gazette

for publication.

(2) Within 30 days after persons appointed to local government have taken office, the

designated local government officer must submit the names of the appointed

officials to the Gazette for publication.

Section 150 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) After the end of the period for conducting a judicial recount, the designated local

government officer is responsible for retaining the materials referred to in

subsection (1). , and

(

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

(5) The designated local government officer must ensure that the statements referred

to in subsection (4) are kept until after general voting day for the next general

local election.

Section 158 (1) (

c) is repealed and the following substituted:

(

c) voting on a referendum under

section 245 or 802 [referendums to obtain

electors' opinion].

Section 159 (3) is repealed and the following substituted:

(3) A bylaw that requires the assent of the electors may be amended or repealed

without the assent of the electors if the minister approves.

Part 5 is repealed and the following substituted:

Part 5 – Corporate Powers and Their Use

Division 1 – Corporate Status and Governing Bodies

Corporations created

173 Each municipality and each regional district is a corporation.

Governing bodies

(1) The governing body of a municipality is its council and the governing body of a

regional district is its board.

(2) The powers, duties and functions of a municipality or regional district are to be

exercised and performed by its council or board unless this or any other Act

provides otherwise.

(3) A local government, in exercising or performing the powers, duties and functions

conferred on it by an enactment, is acting as the governing body of the municipality

or regional district.

(4) Despite any change in their membership, the council of a municipality and the

board of a regional district are continuing bodies and may complete any

proceedings started but not completed before the change.

Local government jurisdiction

175 A local government may only exercise or perform its powers, duties and functions

within the boundaries of the municipality or regional district unless this or another Act

provides that they may also be exercised or performed outside those boundaries.

Division 2 – General Corporate Powers

Corporate powers of local governments

(1) Subject to the specific limitations and conditions established by or under this or

another Act, the corporate powers of a local government include the following:

(

a) to make agreements respecting the local government's activities, works or

services, including agreements respecting the undertaking, provision and

operation of its activities, works and services;

(

b) to make agreements with a public authority respecting activities, works or

services within the powers of a party to the agreement, including

agreements respecting the undertaking, provision and operation of

activities, works and services;

(

c) to provide assistance for the purpose of benefiting the community or any

aspect of the community;

(

d) to acquire, hold, manage and dispose of land, improvements, personal

property or other property, and any interest or right in or with respect to that

property;

(

e) to delegate its powers, duties and functions, including those specifically

established by an enactment, to its officers and employees, its committees

or its members, or to other bodies established by the local government;

(

f) to engage in commercial, industrial and business undertakings and

incorporate a corporation or acquire shares in a corporation for that purpose.

(2) In exercising its powers under subsection (1), a local government may establish

(3) The powers of a local government under subsection (1) may be exercised outside

the boundaries of the municipality or regional district.

Division 3 – Agreements

Disclosure of information relating to agreements

(1) This

section applies if an agreement is proposed or made in relation to a matter

that

(

a) requires the assent of the electors, or

(

b) requires the local government to provide a counter petition opportunity.

(2) To the extent that they can be disclosed under the Freedom of Information and

Protection of Privacy Act, the local government must make available for public

inspection

(

a) the agreement, and

(

b) all records relating to the agreement that are in the custody or under the

control of the local government.

(3) The records referred to in subsection (2) must remain available for public

inspection for at least the period

(

a) from the time notice of other voting is given until general voting day for

other voting, or

(

b) from the time notice of the counter petition opportunity is given until the

day on which the deadline for submitting signed counter petition forms

passes.

Requirements for electors' assent or counter petition opportunities

(1) If an agreement is proposed or made in relation to one or more matters referred

to in

section 177 (1), instead of seeking assent or providing a counter petition

opportunity in relation to the matters, the local government may

(

a) seek the assent of the electors, or

(

b) provide a counter petition opportunity

in relation to the agreement as a whole.

(2) Section 177 applies to an agreement that is dealt with under subsection (1) of this

section.

Amendment of agreements

179 If an agreement is in relation to a matter that requires the local government to obtain

the assent of the electors or provide a counter petition opportunity, the requirement

also applies to an amendment to the agreement in relation to that matter.

Approval for out-of-Province and out-of-country agreements with public authorities

(1) An agreement between a local government and a public authority in another

province respecting the provision and operation of works and services has no

effect unless it is approved by the minister.

(2) An agreement between a local government and a public authority in another

country respecting the provision and operation of works and services has no

effect unless it is approved by the Lieutenant Governor in Council.

Division 4 – Assistance

Definition of "assistance"

181 For the purposes of

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

Division, "assistance" means providing a grant, benefit, advantage or other form of

assistance, including

(

a) an exemption from a tax, fee or charge, and

(

b) the forms of assistance referred to in

section 185 (1) [publication of

intention to provide certain kinds of assistance].

Prohibition against assistance to business

182 As a limitation on

section 176 (1) (c), a local government must not provide assistance

to an industrial, commercial or business undertaking.

Exception for assistance under partnering agreements

183 Despite

section 182 and in addition to the power under

section 176 (1) (c), a local

government may provide assistance under a partnering agreement.

Limitation on assistance by means of tax exemption

184 As a limitation on sections 176 (1) (

c) and 183, a council may only provide a property

tax exemption in accordance with Division 1 of

Part 10 [Assessment and Taxation –

Exemptions] and a board may only provide a property tax exemption in accordance

with Division 6 of

Part 24 [Regional Districts – General].

Publication of intention to provide certain kinds of assistance

(1) A local government must publish in a newspaper its intention to provide any of

the following assistance:

(

a) disposing of land or improvements, or any interest or right in or with respect

to them, for less than market value;

(

b) lending money;

(

c) guaranteeing repayment of borrowing or providing security for borrowing;

(

d) assistance under a partnering agreement.

(2) The notice must be published before the assistance is provided and must include

(

a) the intended recipient of the assistance, and

(

b) the nature, term and extent of the proposed assistance.

Division 5 – Disposing of Land and Improvements

Disposition of land and improvements

(1) If a local government intends to dispose of land or improvements, it must make

the land or improvements available to the public for acquisition.

(2) Subsection (1) does not apply if the disposition is

(

a) to a not for profit corporation,

(

b) to a public authority,

(

c) to a person who, as part of the consideration for the disposition, will

exchange land or an improvement with the local government,

(

d) to a person under a partnering agreement that has been the subject of a

process involving the solicitation of competitive proposals, or

(

e) a disposition of land to an owner of adjoining land for the purpose of

consolidating the lands.

Notice of proposed disposition

(1) A local government intending to dispose of land or improvements must publish

notice of its intention in a newspaper in accordance with subsection (2) or (3), as

applicable.

(2) If the disposition is a disposition referred to in

section 186 (2), the notice must

include

(

a) a description of the land or improvements,

(

b) the nature and, if applicable, the term of the proposed disposition, and

(

c) the consideration to be received by the local government for the disposition.

(3) For all other dispositions, the notice must include

(

a) a description of the land or improvements,

(

b) the nature and, if applicable, the term of the proposed disposition, and

(

c) the process by which the land or improvements may be acquired.

Use of money from sale of land or improvements

(1) Subject to subsection (2),

(

a) all money received by a municipality from the sale of land or improvements

must be placed to the credit of a special fund under

Part 13 [Special Funds],

and

(

b) all money received by a regional district from the sale of land or improvements

must be placed to the credit of a special fund under

section 826

[special funds].

(2) If, after money is received under subsection (1), a debt incurred by the municipality

or regional district for the purchase or management of the land or improvements

remains, there must be set aside all or part of the proceeds of the

disposition, as required to repay the debt as it matures together with interest.

Disposal of assets acquired with Provincial grants

(1) As a limitation on

section 176 (1) (d) [corporate powers – property], before

disposing of land, improvements or works acquired or constructed by or for a

local government in whole or in part with a Provincial grant that was provided

for that purpose, a local government must notify the inspector of the disposition

unless

(

a) the first payment of all or part of the grant was provided at least 20 years

before the intended disposal and the local government no longer receives

grant payments with respect to that property, or

(

b) the land, improvement or work will be used for the public purpose for which

it was acquired or constructed for at least 20 years after the date of the first

payment of all or part of the grant.

(2) Subject to regulations under subsection (5), within 30 days after receiving notice

under subsection (1), the inspector may, by notice in writing, require the local

government to repay all or part of the Provincial grants paid to the local

government with respect to the property, on the terms specified in the notice.

(3) This

section applies in relation to grants made before or after this

section comes

into force.

(4) The local government may appeal a decision of the inspector and, for this

purpose,

section 457 [appeal from an inspector's decision] applies.

(5) The Lieutenant Governor in Council may make regulations for the purposes of

this

section as follows:

(

a) respecting the matters or information to be included in the local

government's notification to the inspector;

(

b) prescribing the conditions under which a grant becomes repayable under

this section, which may be different for different classes of grants,

properties and dispositions;

(

c) respecting the means and basis for calculating the whole or part of the

Provincial grant that is repayable, which may be different for different

classes of grants, properties and dispositions;

(

d) specifying the circumstances in which the inspector may take more than 30

days to issue a notice under subsection (2).

Disposal of utilities and water and sewer systems

(1) As a limitation on

section 176 (1) (d) [corporate powers – property], the

following works may only be disposed of in accordance with this section:

(

a) works for the supply, treatment, conveyance, storage and distribution of

water;

(

b) works for the collection, conveyance, treatment and disposal of sewage;

(

c) works for the supply and distribution of gas or electrical energy;

(

d) works for a transportation system, telephone system, closed circuit

television system or television rebroadcasting system.

(2) The works may only be disposed of if

(

a) the works are no longer required for the purpose described,

(

b) the works are disposed of to another local government in the same regional

district,

(

c) in the case of works referred to in subsection (1) (

a) or (

b) that are used by

the local government to provide a water or sewer service,

(

i) before the disposition occurs there is in effect an agreement under

which the water or sewer service will continue for a period specified

in the agreement, and

(ii) the intended disposition receives the assent of the electors, or

(

d) in the case of works not referred to in paragraph (c), the local government

has provided a counter petition opportunity in relation to the proposed

disposition.

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

section 164 [notice of

other voting] must include a description of the agreement referred to in

subsection (2) (c) (i).

Division 6 – Delegation of Local Government Authority

Limitations on delegation authority

(1) As a limitation on

section 176 (1) (e) [corporate powers – delegation], a local government may not delegate the following:

(

a) the making of a bylaw;

(

b) a power or duty that is only exercisable by bylaw;

(

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

or an auditor;

(

d) a power or duty established by an enactment that the local government hear

an appeal or reconsider an action, decision or other matter;

(

e) a power or duty established by this or any other Act that the local

government give its approval or consent to, recommendations on, or

acceptance of an action, decision or other matter.

(2) The authority under

section 176 (1) (

e) does not include authority to delegate to

a corporation incorporated by the local government or to a corporation in which

the local government acquires shares.

How delegation must occur

(1) Subject to

section 193, a local government may only delegate a power, duty or

function by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast.

(2) A local government may, by bylaw adopted by a majority of votes cast, amend or

repeal a bylaw referred to in subsection (1) to reduce or revoke the delegation.

Delegation of hearings

(1) If a local government is required by law or authorized by an enactment to hold a

hearing in relation to a bylaw, action or other matter, the holding of the hearing

may only be delegated, either specifically, by class of hearings or generally,

(

a) in the case of a council, to one or more council members, and

(

b) in the case of a board, to one or more directors.

(2) As an exception to

section 192 (1), a local government may delegate the holding

of a hearing by bylaw or resolution adopted by a majority of votes cast.

(3) If a hearing in relation to a matter is delegated under subsection (1), a delegation

of the power to make the local government decision in relation to the same matter

may only be delegated to the person or persons to whom the holding of the

hearing was delegated.

(4) If the holding of a hearing is delegated under subsection (1) and the power to

make the local government decision in relation to the same matter is not

delegated under subsection (3), the local government must not make the decision

until the delegate reports to the local government, either orally or in writing, the

views expressed at the hearing.

(5) This

section does not authorize the delegation of the holding of a hearing referred

to in

section 191 (1) (d) [appeals and reconsiderations].

(6) For certainty, if a delegation has been made in relation to hearings, the local

government may exercise its authority under subsection (1) to change that

delegation to a different delegation in relation to a specific hearing.

Reconsideration of delegate's decisions

(1) If

(

a) a local government delegates a power to make a decision, and

(

b) in relation to that delegation, an enactment establishes a right to have a

delegated decision reconsidered by the local government,

the local government must, by bylaw, establish procedures for such a reconsideration,

including how a person may apply for the reconsideration.

(2) In undertaking a reconsideration referred to in subsection (1), a local government

has the same authority as that conferred on the delegate.

Division 7 – Incorporation of Corporations

Incorporation of corporations

195 A local government must not incorporate a corporation or acquire shares in a

corporation without first receiving the approval of the inspector.

Part 5.1 – Local Government Officers and Employees

Division 1 – Officer Positions

Officer positions

(1) A local government may,

(

a) by bylaw, establish officer positions for its municipality or regional district,

with titles it considers appropriate, and

(

b) by bylaw or resolution, assign powers, duties and functions to those officer

positions.

(2) For certainty,

(

a) a local government may assign to an officer position powers, duties and

functions in addition to those required or permitted to be assigned by this

Act or another enactment, and

(

b) the same person may be appointed to 2 or more officer positions.

Chief administrative officer

197 One of the officer positions established under

section 196 may be assigned the chief

administrative responsibility, which includes the following powers, duties and

functions:

(

a) overall management of the administrative operations of the municipality or

regional district;

(

b) ensuring that the policies and directions of the local government are implemented;

(

c) advising and informing the local government on the operation and affairs of

the municipality or regional district.

Corporate administration

198 One of the officer positions established under

section 196 must be assigned the

responsibility of corporate administration, which includes the following powers,

duties and functions:

(

a) ensuring that accurate minutes of the meetings of the local government and

its committees are prepared and that the minutes, bylaws and other records

of the business of the local government and its committees are maintained

and kept safe;

(

b) ensuring that access is provided to records of the local government and its

committees, as required by law or authorized by the local government;

(

c) certifying copies of bylaws and other documents, as required or requested;

(

d) administering oaths and taking affirmations, declarations and affidavits

required to be taken under this or any other Act in relation to local

government matters;

(

e) accepting, on behalf of the municipality or regional district, notices and

documents that are required or permitted to be given, served on, filed with

or otherwise provided to the municipality or regional district;

(

f) keeping the corporate seal, if any, and having it affixed to documents as

required.

Financial administration

199 One of the officer positions established under

section 196 must be assigned the

responsibility of financial administration, which includes the following powers, duties

and functions:

(

a) receiving all money paid to the municipality or regional district;

(

b) ensuring the keeping of all funds and securities of the municipality or

regional district;

(

c) expending and disbursing money in the manner authorized by the local

government;

(

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

section 483 (1) [investment of sinking fund money];

(

e) ensuring that accurate records and full accounts of the financial affairs of

the municipality or regional district are prepared, maintained and kept safe;

(

f) compiling and supplying information on the financial affairs of the

municipality or regional district required by the inspector.

Division 2 – Officers and Employees Generally

Appointment of officers and employees

(1) Without limiting

section 176 [corporate powers], a local government may

(

a) provide for the appointment of officers and other employees for its municipality

or regional district, and

(

b) subject to the Labour Relations Code and the Employment Standards Act,

conditions respecting their remuneration, benefits, expenses, hours of work

and manner of appointment, promotion, discipline and dismissal.

established by bylaw, resolution or policy and those established by contract of

employment or collective agreement, the contract or agreement prevails.

Oath of office for officers

201 Before taking on the duties of office, a person appointed to an officer position for a

municipality or regional district must swear or affirm an oath of office in the form

prescribed by regulation or established by local government bylaw.

Termination of officer

202 Subject to a contract of employment, the appointment of a local government officer

may be terminated by the local government as follows:

(

a) on reasonable notice, if the termination is approved by an affirmative vote

of at least 2/3 of the votes cast;

(

b) without notice, for cause, if the termination is approved by a majority of the

votes cast.

Employers' organization

203 A local government may, by an affirmative vote of at least 2/3 of the votes cast,

provide for the inclusion of its municipality or regional district in an employers'

organization under the Labour Relations Code .

Division 3 – Certification of Senior Officials

Board of examiners

(1) There is to be a board of examiners for the purposes of this Division, composed

of 3 members appointed by the Lieutenant Governor in Council on the recommendation

of the minister, of whom

(

a) one must be nominated by the Union of British Columbia Municipalities,

(

b) one must be nominated by the Municipal Officers' Association of British

Columbia, and

(

c) one must be nominated by the minister.

(2) The members of the board hold office for a term of 3 years or until their

successors are appointed.

(3) If a vacancy occurs because of the death or resignation of a member, the

member's successor must be nominated and appointed in the same manner as the

member originally nominated and appointed.

(4) The members of the board must not receive remuneration for their services, but

must be paid by the minister the amount of their travelling and other personal

expenses necessarily incurred by them in the discharge of their official duties.

(5) A member of the board may be nominated and reappointed for further terms.

Powers of board

(1) The board may do one or more of the following:

(

a) establish qualifications and standards for municipal or regional district

employment according to office and grades;

(

b) grant certificates according to grades and skill to persons possessing the

qualifications and meeting the standards;

(

c) set and hold examinations for, or pass on the credentials of, a person who is

a candidate for a certificate;

(

d) cancel a certificate on proof of dishonesty or gross negligence on the part of

the holder.

(2) The powers and duties of the board must be exercised and performed in

accordance with any applicable regulations made by the board.

(3) The records of the board and the administrative duties in connection with them

are the responsibility of the inspector.

Board may make regulations

206 With the approval of the Lieutenant Governor in Council on the recommendation of

the minister, the board may make regulations respecting

(

a) the exercise and performance of its powers and duties,

(

b) examinations and certificates, and

(

c) any other matter within the jurisdiction of the board.

Part 5.2 – Municipal Councils and Their Proceedings

Division 1 – Council Members

Size of council

(1) Except as established under subsection (2) or by the effect of

section 209 [term

of office for council members], the council size for municipalities must be as

follows:

(

a) for a city or district having a population of more than 50 000, the council is

to consist of a mayor and 8 councillors;

(

b) for a city or district having a population of 50 000 or less, the council is to

consist of a mayor and 6 councillors;

(

c) for a town or village, the council is to consist of a mayor and 4 councillors.

(2) The council of a city, district or town may, by bylaw, establish the number of

council members as a mayor and 4, 6, 8 or 10 councillors.

(3) A bylaw under subsection (2) must provide for an uninterrupted transition from

the previous council.

(4) A bylaw under subsection (2) that would reduce the number of council members

must not be adopted unless it receives the assent of the electors.

Quorum of council

(1) Except as established by a temporary order under

section 37 (6) (a) [minister's

order if local government reduced to less than a quorum], the quorum for a

council is as follows

Number of council members

Quorum

members

members

members

members

(2) The acts done by a quorum of council are not invalid by reason only that the

council is not at the time composed of the required number of council members

under this Act.

Term of office for council members

(1) The term of office for a mayor elected at a general local election

(

a) begins on the first Monday after December 1 following the election or when

the person takes office in accordance with

section 210 (3), whichever is

later, and

(

b) ends immediately before the first Monday after December 1 in the year of

the next general local election or when the mayor's successor takes office,

whichever is later.

(2) The term of office for a councillor elected at a general local election

(

a) begins on the first Monday after December 1 following the election or when

the person takes office in accordance with

section 210 (3), and

(

b) ends immediately before the first Monday after December 1 in the year of

the next general local election or when a sufficient number of council

members have taken office to make up a quorum, whichever is later.

Oath of office for council members

(1) A person elected or appointed to office on a council must make a prescribed oath

of office, by oath or solemn affirmation, within the following applicable time

limit:

(

a) in the case of a person elected by acclamation, within 50 days after the date

set for general voting day had an election by voting been required;

(

b) in the case of a person elected by voting, within 45 days after the declaration

of the results of the election;

(

c) in the case of a person appointed to office, within 45 days after the effective

date of the appointment.

(2) The oath must be made before a judge of the Court of Appeal, Supreme Court or

Provincial Court, a justice of the peace or the municipal officer assigned responsibility

under

section 198 [corporate administration], and the person making the

oath must obtain the completed oath or a certificate of it from the person administering

it.

(3) A person takes office on a council

(

a) at the time the term of office begins if, at this time, the person produces or

has produced the completed oath or certificate to the municipal officer

assigned responsibility under

section 198 [corporate administration], or

(

b) at any later time that the person produces the completed oath or certificate

to that officer.

(4) The Lieutenant Governor in Council may, by regulation, establish one or more

alternative oaths of office for the purposes of this section, which may be different

for different types of office.

(5) A person taking office on a council may also make an oath of allegiance.

(6) Once a council member takes office, the member is entitled to hold that office

through its term and to vote and otherwise act in the office during that time unless

the member resigns or becomes disqualified.

Disqualification from office for failure to make oath or attend meetings

(1) If a person elected or appointed to office on a council does not make the required

oath under

section 210 within the time limit set by that section, the office is

deemed to be vacant and the person is disqualified from taking and holding office

on a local government or on the council of the City of Vancouver until the next

general local election.

(2) If a council member is continuously absent from council meetings for a period

of 60 consecutive days or 4 consecutive regularly scheduled council meetings,

whichever is the longer time period, unless the absence is because of illness or

with the leave of the council, the office of the member is deemed to be vacant and

the person who held the office is disqualified from holding office on a local

government or on the council of the City of Vancouver until the next general local

election.

Resignation from office

(1) A council member may resign from office only by delivering a written

resignation to the municipal officer assigned responsibility under

section 198

[corporate administration].

(2) A resignation becomes effective when it is received by the municipal officer,

even if a later date is set out in the resignation, and may not be revoked after the

time it is received.

(3) The municipal officer must notify the council of a resignation at its next meeting

after the resignation is received or, if there are no other council members, the

municipal officer must notify the minister.

Application to court to declare council member disqualified

(1) An application to the Supreme Court for a declaration that a council member is

disqualified from holding office and that the office is vacant may be made in

accordance with this section.

(2) Except as provided in this section, Division 15 of

Part 3 [Declaration of Invalid

Election], other than

section 143 (7) [time for hearing application], applies in

relation to an application under this section.

(3) An application may only be made by at least 4 electors of the municipality.

(4) An application may be made at any time during the challenged person's term of

office, but must be made within 30 days after the alleged basis of the disqualification

comes to the attention of any of the persons making the application.

(5) Within 7 days after the petition commencing an application is filed, it must be

served on the person whose right to hold office is being challenged and on the

municipality.

(6) On the hearing of an application, the court may

(

a) declare that the person is confirmed as qualified to hold office, or

(

b) declare that the person is not qualified to hold office and that the office is

vacant.

Resolution declaring council member disqualified

(1) If the council considers that one of its members is disqualified from holding

office, the council may adopt a resolution declaring that the office is vacant.

(2) Before taking action under subsection (1), the council must notify the person

affected of the proposed action.

(3) Unless an application to the Supreme Court is made under subsection (4), an

office declared vacant under subsection (1) becomes vacant 6 days after the

resolution is adopted.

(4) A person whose office is declared vacant under subsection (1) may apply to the

Supreme Court for a determination of whether the person is qualified to hold the

office, but the application must be commenced within 5 days after the resolution

is adopted.

(5) Within 7 days after the petition commencing an application under subsection

(4) is filed, it must be served on the municipality.

(6) On the hearing of an application under subsection (4), the court may

(

a) declare that the person is confirmed as qualified to hold office, or

(

b) declare that the person is not qualified to hold office and that the office is

vacant.

(7) Section 147 [status of an elected candidate] applies in relation to an application

under subsection (4) of this section.

Council member remuneration and expenses

(1) A council may, by bylaw, provide for one or more of the following payments:

(

a) remuneration to council members for discharge of the duties of office, of

which a specified portion may be an allowance for expenses incidental to

those duties other than expenses covered under paragraph (

b) or (c);

(

b) all or part of the expenditures made or expenses incurred by a council

member when the council member is

(

i) representing the municipality,

(ii) engaging in municipal business, or

(iii) attending a meeting, course or convention;

(

c) an allowance, daily or otherwise, for expenses incurred by a council

member when performing any of the activities referred to in paragraph (b),

if those expenses are not covered under that paragraph.

(2) A bylaw under subsection (1) (

b) or (

c) must specify

(

a) the types of expenses and expenditures that may qualify for payment, and

(

b) the levels at which payment may be made.

(3) A bylaw under subsection (1) may do one or more of the following:

(

a) provide greater remuneration for the mayor, deputy mayor and acting

mayor than for other council members;

(

b) limit the types of activities that may qualify for payment under

subsection (1) (

b) or (c);

(

c) set different levels for different types of expenses and expenditures.

Reporting of remuneration and expenses

(1) At least once a year, a council must have prepared a report separately listing for

each council member by name

(

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

section 215 (1) (

a) including any amount specified as an expense allowance,

and

(

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

section 215 (1) (

b) and (c).

(2) The report under subsection (1) must be considered by the council at least once a

year at a council meeting that is open to the public and a copy of the report must

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

hours for at least one year after it is considered by the council.

(3) On payment of the applicable fee set under subsection (4), a person may obtain

from the municipality copies or excerpts, as requested, of a report under

subsection (1).

(4) A council may, by bylaw, set fees for the purposes of subsection (3).

Council members' benefits

(1) A council must not provide any part of a premium required by an agreement for

benefits, including insurance policies and medical or dental services, for council

members or their dependants.

(2) As an exception to subsection (1), a council may provide all or part of a premium

required by an agreement for accident insurance coverage for council members

while on municipal business.

Division 2 – Mayor

Powers and duties of mayor

(1) The mayor is the head and chief executive officer of the municipality.

(2) In addition to the mayor's powers and duties as a council member, the mayor has

the following duties:

(

a) to see that the law for the improvement and good government of the municipality

is carried out;

(

b) to communicate information to the council and to recommend bylaws,

resolutions and measures that, in the mayor's opinion, may assist the peace,

order and good government of the municipality in relation to the powers

conferred on the council by an enactment;

(

c) to establish standing committees as provided in

section 239 and to appoint

members of council to the committees;

(

d) to inspect and direct the conduct of officers and employees, to direct the

management of municipal business and affairs and, if considered necessary,

to suspend an officer or employee;

(

e) so far as the mayor's power extends, to see that negligence, carelessness and

violation of duty by an officer or employee is prosecuted and punished.

(3) Every suspension of an officer or employee by the mayor under this

section must

be reported to the council at its next sitting, and the council may

(

a) reinstate the officer or employee,

(

b) confirm the suspension,

(

c) confirm and extend the suspension, or

(

d) dismiss the officer or employee.

Mayor may return bylaw for reconsideration by council

(1) At any time within one month after a bylaw, resolution or proceeding of the

council is adopted, the mayor may return it for reconsideration if it has not

(

a) had the assent of the electors,

(

b) been reconsidered by the council under subsection (3), or

(

c) been acted on by an officer, employee or agent of the municipality.

(2) The mayor may give reasons for returning a matter to the council and the

municipal officer assigned responsibility under

section 198 [corporate administration]

must record in the minute book the mayor's reasons, suggestions or

amendments.

(3) As soon as convenient, the council must consider the mayor's reasons and either

reaffirm or reject the bylaw, resolution or proceeding.

(4) If a bylaw, resolution or proceeding is rejected, it

(

a) is deemed to be repealed and is of no effect, and

(

b) must not be reintroduced to the council for 6 months except with the

unanimous consent of the council.

(5) The conditions that applied to the adoption of the original bylaw, resolution or

proceeding apply to its rejection.

Acting mayor and deputy mayor

(1) A council may appoint one of its members to be deputy mayor and one of its

members to be acting mayor.

(2) If the office of mayor becomes vacant, the council must appoint a member to be

acting mayor, and the acting mayor is to continue in office until another mayor is

elected or appointed.

(3) During the absence, illness or other disability of the mayor, the acting mayor has

all the powers of and is subject to the same rules as the mayor.

Intermunicipal questions

221 Except where otherwise provided, all questions arising between municipalities must

be decided by the mayors of the municipalities or, if they cannot agree, by the

Supreme Court, whose decision is final.

Division 3 – Council Meetings

Time of council meetings

(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.

(3) After the first meeting, a council must meet as it decides and as provided in this

Act.

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

than a statutory, regular or adjourned meeting.

Notice of special meeting

(1) A notice of the day, hour and place of a special council meeting must be given at

least 24 hours before the time of meeting, by

(

a) posting a copy of the notice at the regular council meeting place, and

(

b) leaving one copy for each council member at the place to which the member

has directed notices to be sent.

(2) Each copy of a notice under subsection (1) must be signed by the mayor or the

municipal officer assigned responsibility under

section 198 [corporate administration].

(3) Notice of a special council meeting may be waived by unanimous vote of all

council members.

Council members may request special meeting

(1) Two or more council members may, in writing, request the mayor to call a special

council meeting.

(2) Two or more council members may call a special council meeting if

(

a) within 24 hours after receiving a request under subsection (1), the mayor

refuses or neglects to arrange for the special council meeting to be held

within 7 days after receiving the request, or

(

b) the mayor is absent.

(3) If a special council meeting is called under subsection (2), the council members

calling the meeting must sign the notice under

section 223.

Attendance of public at meetings

(1) Regular council meetings must be open to the public, and a person must not be

excluded except for improper conduct.

(2) If in the opinion of the council the public interest so requires, persons other than

members and officers, or persons other than members, may be excluded from a

special council meeting.

Expulsion from meeting for improper conduct

226 The mayor or other person presiding may expel and exclude from a council meeting

a person the mayor or presiding person considers guilty of improper conduct.

Mayor to preside at council meetings

(1) The mayor, if present, must preside at council meetings.

(2) If the mayor, deputy mayor and the acting mayor are absent from a council

meeting,

(

a) the members present must choose a member to preside, and

(

b) the presiding member has, for that purpose, all the powers of and is subject

to the same rules as the mayor.

(3) Any council member may preside in committee of the whole.

Points of order

228 The mayor or the member presiding at a council meeting must preserve order and

decide points of order that may arise, subject to an appeal to the other council

members present.

Appeal from decision of mayor

(1) On an appeal by a council member from a decision of the mayor, the question as

to whether the chair is to be sustained must be immediately put by the mayor and

decided without debate.

(2) The mayor must be governed by the vote of the majority of the other council

members present.

(3) If the votes are equal, the question passes in the affirmative.

(4) The names of the council members voting for or against the question must be

recorded in the minutes.

(5) If the mayor refuses to put the question under subsection (1),

(

a) the council must immediately appoint a member to preside temporarily,

(

b) that presiding member must proceed in accordance with subsection (1), and

(

c) a resolution or motion carried under this subsection is as binding as if

carried under subsection (1).

Voting at council meetings

(1) This

section applies to council meetings and meetings of all committees of

council.

(2) A council member present at the meeting at the time of the vote who abstains

from voting is deemed to have voted in the affirmative.

(3) If the votes of the council members present at the meeting at the time of the vote

are equal for and against a question, the question is negatived and the presiding

member must declare this result.

Council member declaration if not entitled to vote

(1) This

section applies to council meetings and meetings of all committees of

council.

(2) If a council member considers that he or she is not entitled to participate in the

discussion of a matter or to vote on a question in respect of the matter, the

member must declare this and state the general nature of why the member

considers this to be the case.

(3) After making the declaration, the member

(

a) must not take

part in the discussion of the matter and is not entitled to vote

on any question in respect of the matter,

(

b) must immediately leave the meeting or that part of the meeting during

which the matter is under consideration, and

(

c) must not attempt in any way, whether before, during or after the meeting, to

influence the voting on any question in respect of the matter.

(4) When the declaration is made,

(

a) the person recording the minutes of the meeting must record the member's

declaration, the reasons given for it and the times of the member's departure

from the meeting room and, if applicable, of the member's return, and

(

b) the person presiding at the meeting must ensure that the member is not

present at the meeting at the time of any vote on the matter.

(5) Without limiting subsection (2), a council member must not participate in the

discussion of or vote on a question in respect of a matter in which the member

has a direct or indirect pecuniary interest.

(6) Subsection (5) does not apply

(

a) if the pecuniary interest of the council member is a pecuniary interest in

common with electors of the municipality generally,

(

b) if the matter relates to remuneration or expenses payable to one or more

council members in relation to their duties as council members, or

(

c) if the pecuniary interest is so remote or insignificant that it cannot

reasonably be regarded as likely to influence the member in relation to the

matter.

(7) A person who contravenes subsection (5) is disqualified from continuing to hold

office as a council member unless the contravention was done inadvertently or

because of an error in judgment made in good faith.

(8) If otherwise qualified, a person disqualified under subsection (7) is qualified to

be nominated and elected in the by-election to fill the vacancy created by this

disqualification and, if elected, is qualified to hold the office.

(9) If as a result of subsection (2) the number of council members who may discuss

and vote on a matter falls below the quorum for the council, the council may

apply to the Supreme Court for an order under subsection (10) without notice to

any other person.

(10) On an application under subsection (9), the court may

(

a) order that all or specified council members may discuss and vote on the

matter, despite the other provisions of this section, and

(

b) make the authority under paragraph (

a) subject to any conditions and

directions the court considers appropriate.

Division 4 – Council Proceedings

Exercise of powers by bylaw or resolution

(1) If an enactment provides that a council is required or empowered to exercise a

power by bylaw, that power may only be exercised by bylaw.

(2) Except as restricted by subsection (1), the powers of a council may be exercised

by resolution or bylaw.

(3) An act or proceeding of a council is not valid unless it is authorized or adopted

by bylaw or resolution at a council meeting.

General rule that matters be decided by majority of members present

233 Unless otherwise provided, all acts to be done by the council, and all other questions,

including adjournment, that may come before the council must be done and decided

by a majority of the council members present at a meeting.

Requirement for 2/3 majority

234 A requirement in this Act for an affirmative vote of at least 2/3 of all members of a

council means an affirmative vote of at least 2/3 of the number of members of which

the council consists under this Act.

Procedure bylaw

(1) The council must, by bylaw, regulate council meetings and their conduct.

(2) A bylaw relating to the procedure of the council must not be altered except by

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 proceedings

(1) Minutes of the proceedings of a council

(

a) must be legibly recorded in a minute book, and

(

b) must be certified as correct by the municipal officer assigned responsibility

under

section 198 [corporate administration] and signed by the mayor or

other member presiding at the meeting or at the next meeting at which they

are adopted.

(2) The minutes must be open for inspection by any person and any person may make

copies and extracts of the minutes at all reasonable times on payment of any

required fee.

(3) Subsection (2) does not apply to minutes of a special council meeting from which

persons were excluded under

section 225 [attendance of public at meetings].

(4) A council may, by bylaw, set fees for the purposes of subsection (2).

Minutes of committees and other municipal bodies

237 Minutes of the proceedings of council committees, courts of revision and other

municipal bodies

(

a) must be legibly recorded in a minute book,

(

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

(

c) except for minutes of a council committee or other municipal body on a

matter for adoption by the council, must be open for inspection in the same

manner as council minutes.

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.

Establishment of standing committees

(1) The mayor may establish standing committees for matters the mayor considers

would be better regulated and managed by committee, and for that purpose may

provide for appointment as members of a standing committee persons who are

not council members.

(2) At least 1/2 the members of a standing committee must be council members.

Witnesses at council or committee meetings

(1) A council, a standing committee or a select committee

(

a) has power, under the signature of the mayor, to summon witnesses for

examination on oath for matters about the administration of the municipality,

and

(

b) has the same power to enforce the attendance of witnesses and compel them

to give evidence as is vested in a court of law in civil cases.

(2) A member of council or of a standing or select committee or the municipal officer

assigned responsibility under

section 198 [corporate administration] may

administer the oath to a witness.

(3) A witness may be examined, cross examined and re-examined according to the

rules and practice of the Supreme Court in civil cases.

Petitions to council

(1) A petition to a council must include the full name and residential address of each

petitioner.

(2) Except as provided for local improvements, the sufficiency and validity of a

petition to a council is to be determined by the municipal officer assigned responsibility

under

section 198 [corporate administration], who must record this

determination by certificate.

(3) A certificate under subsection (2) is final and conclusive.

(4) After a petition has been certified as sufficient and valid, or after the time set for

submission of the petition, a person may not withdraw their name from the

petition or add a name to the petition.

Counter petition process

(1) Unless otherwise provided, this

section applies to counter petitions required or

authorized under this Act in relation to proposed municipal bylaws, actions or

other matters.

(2) The council must establish a deadline by which counter petitions in relation to a

specific matter must be submitted to the council.

(3) Notice of the counter petition opportunity in relation to a matter

(

a) must be published in at least 2 issues of a newspaper, with the second

publication at least 30 days before the deadline established under

subsection (2), and

(

b) from the date of first publication in a newspaper, must be posted on the

notice board or usual place for publishing notices at the municipal hall.

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

(

a) a general description of the proposed matter;

(

b) a statement that the council may proceed with the matter unless the counter

petition is sufficient;

(

c) the area to which the counter petition applies, if that area is not the whole

of the municipality;

(

d) the deadline for submitting signed counter petition forms to the council;

(

e) an estimate of the number of persons who must petition against the matter

in order for the counter petition to be sufficient;

(

f) how counter petitions may be submitted to the council.

(5) Subject to

section 241 (1), a counter petition may be in any form that clearly

indicates the intention of the person or persons signing it to petition against the

proposed matter.

(6) A counter petition is sufficient if, on the basis of the signed counter petition forms

submitted to the council before the deadline established under subsection (2), the

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

counter petition applies.

(7) If a counter petition is certified as valid and sufficient under

section 241 (2), the

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

it receives the assent of the electors.

(8) If a counter petition is not sufficient, the council may proceed with the proposed

bylaw, action or other matter.

Division 5 – Additional Powers

Persons may be honoured with freedom of the municipality

(1) To honour a distinguished person, by unanimous vote of its members, a council

may confer freedom of the municipality on that person.

(2) Until the council revokes the honour, a person given freedom of the municipality

(

a) is deemed to be an elector of the municipality and is eligible to be registered

as such and to vote in an election for mayor or councillor, and

(

b) despite any other enactment, if the person is a Canadian citizen, is deemed

to be qualified to be nominated, be elected and hold the office of mayor of

the municipality.

(3) To honour a distinguished unit of the armed forces of Canada, the United

Kingdom or another nation of the Commonwealth, by unanimous vote of its

members, a council may confer freedom of the municipality on that unit.

(4) The commanding officer of a unit honoured with freedom of the municipality has

by virtue of office the same qualifications and privileges of a person honoured

with freedom of the municipality.

Municipal holidays

244 A council may declare that a public holiday is to be observed in the municipality,

either on a day named by the council or on a day determined and proclaimed by the

mayor.

Referendums to obtain electors' opinion

245 A council may, by bylaw, provide for a referendum to obtain the electors' opinion on

a question that affects the municipality and with which the council has power to deal.

Joint exercise of powers with other municipalities

(1) A municipality may join with another municipality to exercise a power conferred

by this Act.

(2) An agreement under this

section is not valid until ratified by a bylaw adopted by

each council.

(3) For the purpose of this section,

(

a) the powers of a municipality extend beyond the boundaries of the municipality,

and

(b) "municipality" includes the City of Vancouver.

Incidental powers

247 The council has all necessary power to do anything incidental or conducive to the

exercise or performance of its powers, duties and functions.

Further powers in relation to municipal assets

248 In addition to the powers of a council under this Act, the minister may confer on the

council further powers to manage and dispose of municipal assets that the minister

considers necessary or advisable.

Further powers for public good

249 On request by a council, the Lieutenant Governor in Council may, to the extent not

inconsistent with the purposes of this or any other Act, confer further powers on the

council necessary to

(

a) preserve and promote the peace, order and good government of the

muni-cipality and the health, safety, morality and welfare of its citizens, and

(

b) provide for protection of persons and property.

Emergency powers

250 If the powers conferred on a council are inadequate to deal with an emergency that is

not an emergency within the meaning of the Emergency Program Act, the council

may, by bylaw adopted by a vote of at least 2/3 of the council members, declare that

an emergency exists and exercise powers necessary to deal effectively with the

emergency.

Additional powers and exceptions may be granted to municipalities

(1) The Lieutenant Governor in Council may, by regulation, do one or more of the

following in relation to a specified municipality or a described class of municipalities:

(

a) grant a power to the municipality or class;

(

b) provide an exception to or a modification of a requirement established by

an enactment;

considers appropriate regarding

(

i) the grant of a power under paragraph (

a) or the exercise of it, or

(ii) an exception or modification under paragraph (

b) or the taking of its

benefit.

(2) A regulation made under this

section must not do any of the following:

(

a) confer an authority otherwise available to a municipality, including any

power that may be granted under

section 247 [incidental powers],

section 248 [further powers in relation to municipal assets],

section 249 [further powers for public good], or

section 250 [emergency powers];

(

b) override an absolute prohibition contained in an enactment;

(

c) confer an authority to levy a new tax;

(

d) confer an authority to grant a new tax exemption;

(

e) eliminate a requirement for obtaining the assent of the electors;

(

f) any other thing prohibited by regulation under subsection (3).

(3) The Lieutenant Governor in Council may, by regulation, prescribe additional

limitations on the authority conferred under this section.

Division 6 – Special Expenditure Powers

Business improvement areas

(1) In this section:

"applicant" means a corporation, association or organization applying to the

council for a grant of money under this section;

"business area" means an area in a municipality where business or commerce is

carried on;

"business improvement area" means a business area designated by bylaw as a

business improvement area under subsection (3) (a);

"business promotion scheme" means

(

a) carrying out studies or making reports respecting one or more business

areas,

(

b) the improvement, beautification or maintenance of streets, sidewalks or

municipally owned land, buildings or structures in one or more business

improvement areas,

(

c) the conservation of heritage property in one or more business improvement

areas, and

(

d) the encouragement of business in one or more business improvement areas.

(2) As an exception to

section 182 [prohibition against assistance to business], a

council may grant money to an applicant that has as one of its aims, functions or

purposes the planning and implementation of a business promotion scheme.

(3) Before a council grants money under subsection (2), the council must, by bylaw,

do the following:

(

a) designate the appropriate business area as a business improvement area;

(

b) name the applicant to which the money will be granted;

(

c) establish the maximum amount of money to be granted;

(

d) require that the money granted must be expended only

(

i) by the applicant to which the money is granted, and

(ii) in accordance with the conditions and limitations set out in the bylaw

and for a business promotion scheme set out in the bylaw;

(

e) require that all or part of the money granted to the applicant, as determined

by the council, be recovered within the business improvement area from

owners of land or improvements, or both, or from other persons from whom

charges provided in this Act may be collected in the business improvement

area.

(4) For the purpose of a requirement under subsection (3) (e), the council may levy

and impose within the business improvement area any or all of the following:

(

a) a rate on land or improvements, or both, that fall or would fall within

Class 5 or 6 of the Assessments – Classes and Percentage Levels

Regulation, B.C. Reg. 438/81, as that regulation stood on January 8, 1988;

(

b) a frontage tax;

(

c) other charges provided in this Act;

(

d) a rate based on any factor set out in the bylaw.

(5) If the council imposes a rate or charge under subsection (4), the bylaw that

imposes the rate or charge may set different rates or charges on different classes

of business, as specified in the bylaw.

(6) If a council enacts a bylaw under subsection (3), it must set conditions and

limitations on the receipt and expenditure of money granted under subsection

(2) and, without limiting this, the bylaw must require the applicant to

(

a) submit each year a budget for approval by the council,

(

b) account for the money granted to it under subsection (2) in the form and

manner specified in the bylaw, and

(

c) take out and maintain insurance of the type and in the amount specified in

the bylaw.

(7) Section 646 (6) (

b) and (c), (7) and (8) [works and services for specified areas]

applies to a bylaw under this

section and, for these purposes, a business

improvement area is deemed to be a specified area and a business promotion

scheme is deemed to be a service.

(8) Section 649 [enlargement or reduction of specified area] and

section 650

[merging of specified areas] apply in respect of a business improvement area as

if it were a specified area.

(9) Part 11 [Taxes and Their Collection] applies in respect of rates, taxes and charges

imposed under this section.

(10) A bylaw designating a business improvement area ceases to have effect on the

earlier of

(a) 20 years from the date the bylaw comes into force, and

(

b) a date specified in the bylaw.

Mountain resort business improvement areas

(1) In this section:

"applicant" means a corporation, association or organization applying to the

council for a grant of money under this section;

"business area" means an area in a municipality where business or commerce

related to a mountain resort is carried on;

"business promotion scheme" means

(

a) carrying out studies or making reports respecting one or more business

areas,

(

b) the improvement, beautification or maintenance of streets, sidewalks or

municipally owned land, buildings or structures in one or more mountain

resort business improvement areas,

(

c) the conservation of heritage property in one or more mountain resort

business improvement areas, and

(

d) the encouragement of business in one or more mountain resort business

improvement areas;

"mountain resort business improvement area" means a business area designated

by bylaw as a mountain resort business improvement area under

subsection (3) (a).

(2) As an exception to

section 182 [prohibition against assistance to business], a

council may grant money to an applicant that has as one of its aims, functions or

purposes the planning and implementation of a business promotion scheme.

(3) Before a council grants money under subsection (2), the council must, by bylaw,

do the following:

(

a) designate the appropriate business area as a mountain resort business

improvement area;

(

b) name the applicant to which the money will be granted;

(

c) establish the maximum amount of money to be granted;

(

d) require that the money granted must be expended only

(

i) by the applicant to which the money is granted, and

(ii) for a business promotion scheme set out in the bylaw;

(

e) require that all of the money granted to the applicant be recovered from the

owners of land and improvements, within the mountain resort business

improvement area, used during the year to operate a business that falls

within a class of business specified in the bylaw.

(4) For the purpose of a requirement under subsection (3) (e), the council may levy

and impose within the mountain resort business improvement area any or all of

the following:

(

a) a rate on land or improvements, or both;

(

b) a frontage tax;

(

c) other charges provided in this Act;

(

d) a rate based on any factor set out in the bylaw.

(5) If the council imposes a rate or charge under subsection (4), the bylaw that

imposes the rate or charge may set different rates or charges on different classes

of business, as specified in the bylaw.

(6) Section 362 [local court of revision] and

section 363 [appeal to Supreme Court

from local court of revision] apply with respect to a rate imposed under

subsection (4) (

d) of this

section and, for this purpose, the bylaw under

subsection (3) must establish a procedure to allow property owners to complain

to the local court of revision about errors made in applying the bylaw to their

property.

(7) If a council enacts a bylaw under subsection (3), it must set conditions and

limitations on the receipt and expenditure of money granted under subsection

(2) and, without restricting this, the bylaw must require the applicant to

(

a) submit each year a budget for approval by the council,

(

b) account for the money granted to it under subsection (2) in the form and

manner specified in the bylaw, and

(

c) take out and maintain insurance of the type and amount specified in the

bylaw.

(8) Section 646 (6) (

b) and (c), (7) and (8) [works and services for specified areas]

applies to a bylaw under this

section and, for these purposes, a mountain resort

business improvement area is deemed to be a specified area and a business

promotion scheme is deemed to be a service.

(9) Section 649 [enlargement or reduction of specified area] and

section 650

[merging of specified areas] apply in respect of a mountain resort business

improvement area as if it were a specified area.

(10) Part 11 [Taxes and Their Collection] applies in respect of rates, taxes and charges

imposed under this section.

(11) A bylaw designating a mountain resort business improvement area ceases to have

effect on the earlier of

(a) 20 years from the date the bylaw comes into force, and

(

b) a date specified in the bylaw.

Payment for benefits and expenses relating to municipal activity

254 A council may provide for one or more of the following payments:

(

a) all or part of the expenditures made or expenses incurred by a person, other

than a council member, municipal officer or employee, when the person,

with the prior authorization of council,

(

i) represents the municipality,

(ii) engages in municipal business, or

(iii) attends a meeting, course or convention;

(

b) all or part of a premium required by an agreement for accident insurance

coverage for members of a civic commission, advisory planning

commission, board of variance or other body established by the municipality

while the members are on municipal business.

Indemnification against proceedings

(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 a sum 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) Subject to 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, or

(

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.

General heritage conservation authority

(1) Without limiting

section 176 [corporate powers], a council may engage in

activities or expend money for one or more of the following purposes:

(

a) to acquire, conserve and develop heritage property and other heritage

resources;

(

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

(

c) to increase public awareness, understanding and appreciation of the

community's history and heritage;

(

d) for any other activities that it considers necessary or desirable with respect

to the conservation of heritage property and other heritage resources.

(2) As exceptions to

section 182 [prohibition against assistance to business], a

council

(

a) may provide assistance within the meaning of

section 181 [definition of

assistance] to activities referred to in subsection (1) when the activities are

undertaken by others, and

(

b) may, by an affirmative vote of at least 2/3 of the votes cast, provide

assistance within the meaning of

section 181 for the conservation of any of

the following property:

(

i) property that is protected heritage property;

(ii) property that is subject to a heritage revitalization agreement under

section 966;

(iii) property that is subject to a covenant under

section 219 of the Land

Title Act that relates to the conservation of heritage property.

Section 257 (5) is repealed and the following substituted:

(5) Once adopted, a bylaw must

(

a) be signed by the mayor or other presiding member of the council meeting

at which it was adopted, and

(

b) be signed by the municipal officer assigned responsibility under

section 198

[corporate administration].

Section 259 (3) is repealed and the following substituted:

(3) A true copy of a bylaw adopted by the council of a village, signed as required by

section 257 (5) and certified to be a true copy by the municipal officer assigned

responsibility under

section 198 [corporate administration], must be submitted

to the inspector.

39 The following

section is added to Division 1 of

Part 6:

Bylaws must be available for public inspections

259.3

(1) The bylaws of a municipality must be available for public inspection in the

municipal hall during its regular office hours.

(2) Subject to subsection (3), any person is entitled to obtain copies of a municipal

bylaw.

(3) A council may, by bylaw, establish fees to be paid for obtaining copies of its

bylaws.

Section 262 (3) is amended by striking out "must be served on the municipal clerk" and

substituting "must be served on the municipality" .

Section 270 is repealed and the following substituted:

Application of taxes and fines collected under bylaws

270 All taxes, licence fees, fines and penalties assessed, levied and collected in a municipality

under or because of a bylaw

(

a) must be paid to the municipal officer assigned responsibility under

section 199 [financial administration] or other proper financial officer of

the municipality, to be applied to the special uses and accounted for by that

officer in the manner the bylaw directs, and

(

b) in default of any direction respecting them, must be applied and accounted

for by the officer to whom they are paid as part of the revenue of the municipality.

Section 280.1 (1) is repealed and the following substituted:

(1) A council may, by bylaw, authorize a designated municipal officer to consolidate

one or more of the bylaws of the municipality.

Section 280.4 (2) is repealed and the following substituted:

(2) Before a bylaw under subsection (1) is given third reading, the municipal officer

assigned responsibility under

section 198 [corporate administration] must

certify that the proposed revised bylaw has been revised in accordance with the

bylaw authorizing the revision.

Section 286 (1) is repealed and the following substituted:

(1) A municipality is in no case liable for damages unless notice in writing, setting

out the time, place and manner in which the damage has been sustained, is

delivered to the municipality within 2 months from the date on which the damage

was sustained.

Section 287 (1) (

f) is amended by striking out "as defined in

section 872" .

46 The following

section is added:

Defence for local government financial administrator

287.1 It is a good defence to any action brought against the officer assigned responsibility

under

section 199 [financial administration] for unlawful expenditure of local

government funds if it is proved that the individual gave a written and signed warning

to the council or board that, in his or her opinion, the expenditure would be unlawful.

Section 288 is amended by striking out "or a greater board as defined in

section 872," and

substituting "or a greater board," .

Section 294 is repealed and the following substituted:

Copy of writ to be left with municipal officer

294 The sheriff must deliver to the municipal officer assigned responsibility under

section 198 [corporate administration], or leave at the office or dwelling house of that

officer,

(

a) a copy of the writ of execution and endorsement, and

(

b) a statement in writing of the sheriff's fees, and of the amount required to

satisfy the execution, including in the amount the interest calculated to a day

as near as is convenient to the date of the delivery.

Section 296 (4) is repealed and the following substituted:

(4) After satisfying the execution and all fees on it, the sheriff must pay any surplus

within 10 days after receiving it to the municipal officer assigned responsibility

under

section 199 [financial administration], for the general purposes of the

municipality.

Section 297 (1) is repealed and the following substituted:

(1) For all purposes connected with carrying into effect, or permitting or assisting the

sheriff to carry into effect, the provisions of this Act for executions, the municipal

officers assigned responsibility under

section 198 [corporate administration]

and

section 199 [financial administration] and the collector are deemed to be

officers of the court in which the writ was issued.

Part 8 is repealed and the following substituted:

Part 8 – Special Municipal Powers Relating to Property

Division 1 – Reservation and Dedication of Real Property

Power to reserve municipal land for public purpose

(1) A council may, by bylaw, reserve for a particular municipal or other public

purpose land owned by the municipality.

(2) A reservation under subsection (1) may be removed by a bylaw adopted by an

affirmative vote of at least 2/3 of the council members.

(3) Before adopting a bylaw under subsection (2), the council must provide the

electors with a counter petition opportunity.

Power to dedicate municipal land for public purpose

(1) A council may, by bylaw with the assent of the electors, dedicate for a municipal

or other public purpose real property owned by the municipality.

(2) Despite subsection (1), the assent of the electors is not required for the dedication,

by any means, of real property

(

a) for highways, or

(

b) for any other public purpose if the real property is 5 000 m2 or less in area.

Power to cancel the dedication of a highway

(1) A council may, by bylaw,

(

a) cancel the dedication of a highway or portion of a highway that has been

stopped up and closed to traffic under

section 541 (1) (b) [general powers

in relation to highways and public works], and

(

b) rededicate the highway or portion of a highway as a park or public square.

(2) Before adopting a bylaw under this section, the council must hold a public

hearing in accordance with

section 890.

(3) On adopting a bylaw under this section, the council must file in the land title

office a copy of the bylaw and a reference plan of the rededicated area.

(4) As an exception to subsection (3), the registrar of land titles may accept an

explanatory plan instead of the reference plan referred to in that subsection if the

registrar is satisfied that the rededicated area is satisfactorily shown on the

explanatory plan.

(5) A bylaw under this

section does not operate to effect a rededication of a highway

that was dedicated by the deposit of a subdivision or reference plan in the land

title office if

(

a) the owner of the land at the time the plan was deposited is the owner of all

of the parcels created by the plan, and

(

b) the highway has not been developed for its intended purpose.

Effect of reservation and dedication

(1) A reservation bylaw under

section 302 or a dedication bylaw under

section 303

does not commit or authorize a local government to proceed with implementation

of the purpose for which the property is reserved or dedicated.

(2) All bylaws enacted or works undertaken by a local government directly affecting

property that is reserved under

section 302 or dedicated under

section 303 must

be consistent with the purpose for which the property is reserved or dedicated.

Division 2 – Municipal Forest Reserves

Establishment of municipal forest reserve

(1) Despite this Act or any law, a council may, by bylaw adopted with the assent of

the electors, set aside as a municipal forest reserve land owned by the municipality

that the council believes is suitable for reforestation purposes.

(2) A council may, by bylaw adopted by an affirmative vote of at least 2/3 of its

members but without the assent of the electors, set aside and include within a

municipal forest reserve established under this

section any land owned or held by

the municipality.

Sale or lease of municipal forest reserve

(1) As a limitation on

section 176 (1) (d) [corporate powers – property], a council must not sell or lease land set aside as a municipal forest reserve except as provided in this Division.

(2) A council may, by bylaw, withdraw land from a municipal forest reserve if the

council has provided a counter petition opportunity in relation to the proposed

bylaw.

(3) In addition to the information required by

section 242 (4), the notice of a counter

petition opportunity under subsection (2) of this

section must state

(

a) the purpose for which the council intends to withdraw the land from the

municipal forest reserve, and

(

b) if this is in relation to a sale of the land, the price that is to be received.

(4) A council may, by bylaw with the assent of the electors, lease for a term not

longer than 99 years, all or part of a municipal forest reserve, subject to the

following:

(

a) the agreement must make adequate provision for the protection of the

municipal forest reserve on a sustained yield basis and for protection from

fire;

(

b) the annual rental agreed on must be based on area and current values of the

annual cutting;

(

c) the lessee must covenant to pay normal municipal taxes on the land, and on

any structure erected or placed on the land either temporarily or permanently;

(

d) the agreement must be embodied in the bylaw.

Cutting and removal of timber

(1) Without limiting

section 176 [corporate powers], a council may cut, sell, remove or otherwise dispose of any timber or other products from a municipal forest reserve.

(2) An agreement between a municipality and a person for the cutting and removal

of timber from a municipal forest reserve must

(

a) provide that only selected trees may be cut,

(

b) provide for the protection of young growth and other trees and timber, and

(

c) provide for protection from fire.

Division 3 – Expropriation and Compensation

Expropriation power

(1) For the purpose of exercising or performing its powers, duties and functions, a

municipality may expropriate real property or works, or an interest in them, in

accordance with the Expropriation Act.

(2) If a municipality expropriates real property or works under subsection (1) or any

other enactment, compensation is payable to the owners, occupiers or other

persons interested in the property for any damages necessarily resulting from the

exercise of those powers beyond any advantage which the claimant may derive

from the contemplated work.

Power to expropriate water diversion licences and related works

310 Without limiting

section 309, in addition to the rights conferred on licensees under

sections 27 and 28 of the Water Act, a municipality may expropriate

(

a) a licence authorizing the diversion of water from a stream suitable for a

water supply for the municipality, and

(

b) any work constructed or used under authority of the licence.

Entry on land to mitigate damage that may be caused by municipality

(1) A council may provide for entering on real property or works that the council

anticipates may be injuriously affected by the exercise of any of its powers, for

the purpose of carrying out, and to carry out, works of construction, maintenance

or repair in mitigation of injury done or anticipated or in reduction of compensation.

(2) Powers granted under subsection (1) may include, in any street grading works,

removal of the substance of the adjacent land or the filling in of adjacent land to

produce a grade uniform with the graded street.

Compensation for non-expropriation actions

(1) If a municipality

(

a) exercises a power to enter on, break up, take or enter into possession of and

use any property without the consent of the owners of the property, or

injuriously affects property by the exercise of any of its powers, and

(

b) exercises a power referred to in paragraph (

a) that does not constitute an

expropriation within the meaning of the Expropriation Act,

compensation is payable for any loss or damages caused by the exercise of the

power.

(2) For the purposes of subsection (1), compensation must be as determined and paid

as soon as reasonably possible in an amount set

(

a) by agreement between the claimant and the municipality, or

(

b) if no agreement is reached, by the Expropriation Compensation Board.

Funding for expropriation and mitigation

(1) In the absence of funds specially available for the purpose in respect of a

particular project, a council may appropriate so much of the general funds of the

municipality not already appropriated as may be necessary

(

a) to pay compensation in respect of property expropriated or injured, or

(

b) to carry out works referred to in

section 311 [entry on land to mitigate

damage].

(2) If the funds specially available or the general funds of the municipality are

inadequate for the purposes referred to in subsection (1), 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.

(3) Despite

Part 12 [Debts and Securities], a loan authorization bylaw referred to in

subsection (2) does not require the municipality to provide a counter petition

opportunity.

Division 4 – Other Powers

Power to accept property on trust

(1) Without limiting

section 176 [corporate powers], a council may accept any

property devised, bequeathed, conveyed or otherwise transferred to the municipality,

subject to any trusts on which the property is transferred.

(2) If the sale of property is necessary to carry out the terms of a trust under which it

was transferred, a council may sell the property despite any limitations or restrictions

in this Act.

(3) All money held by a municipality subject to a trust, until required for the purposes

of the trust, must be invested in the manner provided for the investment of sinking

funds.

(4) If, in the opinion of a council, the terms or trusts imposed by a donor, settlor,

transferor or testator are no longer in the best interests of the municipality, the

council may apply to the Supreme Court for an order under subsection (5).

(5) On an application under subsection (4), the Supreme Court may vary the terms or

trusts as the court considers will better further both the intent of the donor, settlor,

transferor or testator and the best interests of the municipality.

(6) Section 87 of the Trustee Act [discharge of trustee's duty] applies to an order

under subsection (5).

Power to convey land to school board in trust

315 Without limiting

section 176 [corporate powers], a council may transfer to the board of school trustees or francophone education authority having jurisdiction in the

municipality, in trust for school purposes, any land reserved or acquired by the municipality

for school purposes.

Section 327 is amended

(

a) by repealing subsection (2) (

a) and substituting the following:

(

a) must adopt, by bylaw, the provisional budget by January 31 in each year,

and , and

(

b) by adding the following subsection:

(4) The provisional budget remains in effect until the annual budget is adopted.

Section 339 (1) is amended

(

a) by adding the following paragraph:

(a.1) land, improvements or both vested in, or held by, the municipality jointly

with another municipality or a regional district; , and

(

b) by repealing paragraph (

c) and substituting the following:

(c)