British Columbia Order in Council — Order under Municipal (O.C. 70/2000)

O.C. 70/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No.' 70 , Approved and Ordered JAN 2 7 2000 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

I) sections 1 to 4, 7 and 12 of the Education Statutes Amendment Act, 1998, S.B.C. 1998, c. 27, are brought into force, and (2) the regulation in the attached

Schedule is made. (2 c4 --t L2S r of Education Presiding Member of the Executive Council (This

part is for administratiw purposes only and is not port of the Order) Authority under which Order is made: Act and section:- Municipal Act, R.S.B.C. 1996, c. 323, sections 937.2 to 937.91 Other (specify):- Education Statutes Amendment Act, 1998, S.B.C. 1998, c. 27,

section 14 November 25, 1999 .1576/99/22/sak

SCHEDULE SCHOOL SITE ACQUISITION CHARGE REGULATION Contents 1

Definitions 2 Exemption from school site acquisition charges 3 Eligible development 4 Prescribed factors in

section 937.5 ( I) 5 Maximum school site acquisition charges 6 Local government administration fees 7 Payment of disbursements if land is transferred to a local government under

section 937.9 of the Municipal Act

Definitions 1 The

definitions in sections I, 932, 937.2 and 937.4 of the Municipal Act apply to this regulation. Exemption from school site acquisition charges 2 The following categories of eligible development are exempt from school site acquisition charges under

section 937.3 (1) of the Municipal Act: (

a) hospitals as defined in

section 1 of the Hospital Act; (

b) private hospitals or hospitals as defined in

section 5 (1) of the Hospital Act; (

c) a hospital under paragraphs (

c) to (

e) of the definition of "hospital" in

section 1 of the Hospital Insurance Act; (

d) bunkhouses or camp buildings; (

e) hotels as defined in the Residential Tenancy Act; (

f) community care facilities as defined in the Community Care Facility Act; (

g) nonprofit housing, including facilities owned or operated by (

i) a non-profit society incorporated under the Society Act, (ii) a municipality or a regional district, (iii) a college designated under the College and Institute Act, (iv) a university or institute named in the University Act, Royal Roads University Act, Institute of Technology , Act, Technical University of British Columbia Act or University ofIVorthem British Columbia Act, (

v) a school board or a francophone education authority under the School Act, or (vi) an authority under the Independent School Act; (

h) a property for which financial assistance has been provided under the Human Resource Facility Act for nonprofit housing; (

i) housing for elderly citizens for which a grant or other assistance has been given under

section 8.1 of the Ministry of Lands, Parks and Housing Act; (

j) not-for-profit rental housing in respect of which a development cost charge has been waived or reduced under

section 933 (12) of the Municipal Act; (

k) a nonprofit housing cooperative under the Cooperative Association Act; page 1 of 3

(1) a private mental hospital as defined in

section 1 of the Mental Health Act. Eligible development 3 The categories of eligible development for the purposes of Division 10.1 of

Part 26 of the Municipal Act are low density, medium low density, medium density, medium high density and high density which are defined as follows: "low density" means up to 21 self-contained dwelling units on a gross hectare; "medium low density" means 21 to 50 self-contained dwelling units on a grass hectare; "medium density" means 51 to 125 self-contained dwelling units on a gross hectare; "medium high density" means 126 to 200 self-contained dwelling units on a gross hectare; "high density" means over 200 self-contained dwelling units on a gross hectare. Prescribed factors in

section 937.5 (1) 4 The factors for the purpose of the definition of "D" in

section 937.5 (1) of the Municipal Act are set out in Column 1 in the following Table for the corresponding categories in Column 2 in that Table. TABLE Column 1 Factor to be applied for each Category of Eligible Development 1.25 1.125 1.00 0.875 0.75 Column 2 Category of Eligible Development low density medium low density medium density medium high density high density Maximum school site acquisition charges 5 For each category listed in Column 1 in the following Table, the maximum school site acquisition charge payable per unit is the corresponding entry in Column 2 in that Table. page 2 of 3

TABLE Column 1 Column 2 Category of Eligible Development Maximum Charge per unit low density $1 000 medium low density $900 medium den ,.ity $800 medium high density $700 high density $600 Local government administration fees 6

I) A local government may retain from money collected under

section 937.3 (1) of the Municipal Act as an administration fee $2 000 per school year in addition to 0.1% of school site acquisition charges collected. (2) Subsection (1) applies unless a school board and local government agree otherwise. Payment of disbursements if land is transferred to a local government under

section 937.9 of the Municipal Act 7

(1) In this section, "disbursements" means any expenses necessarily incurred by a local government relating to the transfer of land transferred to a school board under

section 937.9 of the Municipal Act.

(2) If land has been transferred under

section 937.9 of the Municipal Act to a school board, the school board must reimburse the local government for any disburse- ments. (3) Subsection (2) applies unless a school board and local government agree otherwise. page 3 of 3

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 70/2000
Type	order_in_council
Volume / chapter	arc oic 0070 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	dc244b273e7f8e00d29913c583bca7ffcfe712ff

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