British Columbia Order in Council — Order under Local Government SLP for Town of Lake Cowichan and Cowichan Valley RD (O.C. 1788/2000)

O.C. 1788/2000

British Columbia — Orders in Council

Minister of Munict Affairs PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 1 788 , Approved and Ordered DEC 1 4 2000 ktenant Pin vernor distinistru ;or Executive Council Chambers, Victoria On the recommendation of the undersigned, the 1.,/mdenantGavernor, by and with the advice and consent of the Executive Council, orders that of dim fn s.1 (14; for 1. Supplementary Letters Patent, in the form attached, be issued for the Town of Lake Cowichan. 2. Supplementary Letters Patent, in the form attached, be issued for the Cowichan Valley Regional District. Presiding Member of the Executive Council C.., (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:LacaMoLemmanLActsestinn5 20. 2fi and 782 Other (specify): 777/0 c)// 3

-Licutenant-Gcuteznor dministratos CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREETING. Mini Municipal Affairs (

WHEREAS by sections 20 and 26 of the ( Local Government Act it is provided the ( Lieutenant Governor in Council may, by ( Supplementary Letters Patent, amend the ( area of a municipality under the ( conditions therein set out:

AND

WHEREAS a petition has been received by the Minister of Municipal Affairs from the Council of the Town of Lake Cowichan praying that the area of the municipality be extended to include all and singular those certain parcels or tracts of land situate, lying and being as follows: Commencing at the northwest corner of Lot B of Lot 16, Cowichan Lake Land District, Registered Plan 29595, on file in the Land Title Office, Victoria; thence southerly, easterly, northeasterly and northerly along the westerly, southerly, southeasterly and easterly boundaries of said Lot B, Plan 29595, to the northeast corner thereof; thence northerly in a straight line to the southwest corner of Lot 2 of Lot 16, Registered Plan 13598; thence easterly, northerly and westerly along the southerly, easterly and northerly boundaries of said Lot 2, Plan 13598, to the northwest corner thereof; thence westerly along the northerly boundary of Lot A of Lot 16, Plan 29595, to the northwest corner thereof; thence westerly and southerly along the northerly and westerly boundaries of Lot A of Lot 16, Registered Plan 27479, to the southeast corner of Lot 1 of Lot 16, Registered Plan 33108; thence westerly along the southerly boundary of said Lot 1, Plan 33108, to the southwest corner thereof; thence southerly in a straight line to the northeast corner of Lot 3 of

Section 6, Registered Plan 5246; thence southerly along the westerly boundary of Lot 16 to the northwest corner of Lot 1 of Lot 16, Registered Plan 27794, and being a point on the southerly limit of Cowichan Valley Highway Number 18 right of way, Registered Plan 2762RW; thence in a northeasterly and easterly direction along the southerly limit of Cowichan Valley Highway Number 18 right of way, Plan 2762RW, to the aforesaid northwest corner of Lot B of Lot 16, Plan 29595, being the point of commencement and containing by admeasurement 31.26 hectares of land, more or less: AND

WHEREAS a further petition has beehreceived by the Minister of Municipal Affairs from 2

the Council of the Town of Lake Cowichan praying that the area of the municipality be reduced to exclude therefrom all and singular those certain parcels or tracts of land situate, lying and being as follows: Commencing at the northwest corner of Lot 24 of

Section 6, Cowichan Lake Land District (formerly Renfrew), Registered Plan 5580, on file in the Land Title Office, Victoria; thence westerly along the southerly limit of the Cowichan Valley Highway Number 18 right of way, Registered Plan 2762RW, to the point of intersection with the westerly boundary of

Section 6; thence northerly air-dig the westerly boundary of said

Section 6, to the point of intersection with the nortlialy limit of the Cowirilan Valley Highway Number 18 right of way, Plan 2762RW; thence easterly along the said northerly limit of the Cowichan Valley Highway Number 18 right of way, Plan 2762RW, to the southwest corner of Lot 1 of Lot 16, Registered Plan 10876; thence southerly in a straight line to the aforesaid northwest corner of Lot 24 of

Section 6, Plan 5580, being the point of commencement and containing by admeasurement 1.24 hectares of land, more or less: AND

WHEREAS the conditions and requirements of the said sections 20 and 26, of the Local Government Act have been duly complied with: NOW KNOW YE THAT by these presents, We do order and proclaim that the area of the Town of Lake Cowichan be amended by the inclusion and exclusion thereof, of the lands hereinbefore described, and that on, from and after the date of these SLipplementary Letters Patent, the boundary of the Town of Lake Cowichan be defined as follows: 3

Firstly: Commencing at the northwest comer of Block 177, Cowichan Lake Land District, being a point on the natural high water mark of Cowichan Lake, on the southerly shore thereof; thence southwesterly, southeasterly, easterly and southerly along the northwesterly, southwesterly, southerly and westerly boundaries of said Block 177 to the point of intersection with the northerly limit of Robertson River Railway right-of-way, Registered Plan 94 RW, on file in the Land Title Office, Victoria; thence easterly along the said northerly limit of Robertson River Railway right-of-way, Plan 94 RW to the point of intersection with the easterly boundary of Block 177; thence northerly along the easterly boundary of said Block 177 to the point of intersection with the southerly boundary of Lot 10; thence easterly along the southerly boundary of said Lot 10 to the southeast corner thereof; thence southerly and easterly along the westerly and southerly boundaries of Lot 13 to the southeast corner thereof; thence easterly along the southerly boundary of Lot 7 to the southeast corner thereof; thence northerly along the easterly boundary of Lot 7 to the most westerly northwest corner of Lot 1 of Block 25, Registered Plan 6241; thence southeasterly, easterly and northerly along the southwesterly, southerly and easterly boundaries of said Lot 1, Plan 6241, to the southwest corner of Lot A of Block 25, Registered Plan 20496; thence easterly along the southerly boundary of said Lot A, Plan 20496, to the southeast corner thereof; thence easterly, southerly, easterly, northerly, easterly, southeasterly and northeasterly along the boundaries of Lot 48 to the most northerly corner of Lot 48A; thence in a general northerly direction along the easterly boundary of Lot 48 to the southwest corner of Lot 1 of Block 26, Registered Plan 9317; thence southeasterly along the southwesterly boundary of said Lot 1, Plan 9317, to the most southerly corner thereof; thence southerly along the southerly prolongation of the easterly boundary of Lot 1 of Block 26, Plan 9317 to the point of intersection with the southerly limit of Grants Lake Road, as shown on Registered Plan 29966; thence easterly along the southerly limit of said Grants Lake Road to the point of intersection with the westerly 4

boundary of Block 200; thence in a general southerly, easterly, northerly and northwesterly direction along the boundaries of said Block 200 to the northwest corner thereof; thence northwesterly along the northwesterly prolongation of the northeasterly boundary of Block 200 to the point of intersection with the easterly boundary of Lot 1 of Block 26, Plan 29966; thence northerly along the easterly boundary of said Lot 1, Plan 29966, to the northeast corner thereof; thence northerly along the northerly prolongation of the easterly boundary of Lot 1 of Block 26, Plan 29966, to the point of intersection with the southerly boundary of Block 28; thence easterly and northerly along the southerly and easterly boundaries of said Block 28 to the northeast corner thereof; thence north to the point of intersection with the middle line of Cowichan River; thence in a general northwesterly and southwesterly direction along said middle line of Cowichan River to the point of intersection with a straight line drawn from the northwest corner of Block 28 to the southeast corner of

Section 6, Cowichan Lake Land District (formerly Renfrew); thence northerly along said straight line to the southeast corner of

Section 6, being a point on the natural high water mark of Cowichan River, on the left bank thereof; thence northerly along the easterly boundary of said

Section 6 to the southwest corner of Lot 1 of Lot 16, Registered Plan 27794; thence northeasterly along the southeasterly boundaries of said Lot 1, Plan 27794, Lot C of Lot 16, Registered Plan 27479, Lot 1 of Lot 16, Registered Plan 40844 and Lot A of Lot 16, Registered Plan 44661, to the southeast corner of said Lot A, Plan 44661; thence easterly and northerly along the southerly and easterly boundaries of Lot B of Lot 16, Plan 44661, to the southwest corner of Lot B of Lot 16, Registered Plan 29595; thence easterly, northeasterly and northerly along the southerly, southeasterly and easterly boundaries of said Lot B, Plan 29595, to the northeast corner thereof; thence northerly in a straight line to the southwest corner of Lot 2 of Lot 16, Registered Plan 13598; thence easterly, northerly and westerly along the southerly, easterly and northerly boundaries of said Lot 2, Plan 13598, to the northwest corner thereof; thence westerly along the 5

northerly boundary of Lot A of Lot 16, Plan 29595, to the northwest corner thereof; thence westerly and southerly along the northerly and westerly boundaries of Lot A of Lot 16, Registered Plan 27479, to the southeast corner of Lot 1 of Lot 16, Registered Plan 33108; thence westerly along the southerly boundary of said Lot 1, Plan 33108, to the southwest corner thereof; thence southerly in a straight line to the northeast corner of Lot 3 of

Section 6, Registered Plan 5246, being a point on the southerly limit of the Cowichan Valley Highway Number 18 right of way, as shown on Registered Plan 2762 RW; thence westerly along said southerly limit of Cowichan Valley Highway Number 18 right of way, Plan 2762RW to the point of intersection with the westerly boundary of

Section 6; thence southerly along the westerly boundary of said

Section 6 to the point of intersection with the easterly prolongation of the middle line of Beaver Road as shown on Registered Plan 1750; thence westerly along said prolongation and continuing westerly along the middle I ine of Beaver Road to the point of intersection with the northeasterly prolongation of the middle line of Elk Road as shown on Plan 1750; thence southwesterly along said prolongation and continuing southwesterly along the middle line of Elk Road to the point of intersection with the easterly prolongation of the northerly boundary of Lot 3 of Block 12 of

Section 5, Plan 1750; thence westerly along said prolongation and continuing westerly along the northerly boundary of Lot 3 of Block 12 of

Section 5, Plan 1750 to the northwest corner thereof; thence southerly along the westerly boundary of said Lot 3, Plan 1750 and continuing southerly along the southerly prolongation thereof to the point of intersection with the middle line of River Road as shown on Plan 1750; thence westerly along said middle line of River Road to and continuing westerly along the westerly prolongation thereof to the point of intersection with the westerly boundary of

Section 5; thence southerly along the westerly boundary of said

Section 5, to the southwest corner thereof, being a point on the natural high water mark of Cowichan Lake, on the northerly shore thereof; thence due south to the point of intersection with the middle line of Cowichan

Lake; thence in a general westerly direction along said middle line of Cowichan Lake to the point of intersection with the northeasterly prolongation of the northwesterly boundary of Block 177, Cowichan Lake Land District; thence southwesterly along said northeasterly prolongation to the aforesaid northwest corner of Block 177, being the point of commencement, and containing by admeasurement 775.23 hectares of land, more or less, and 140.13 hectares of foreshore and land covered by water, more or less. Secondly: Commencing at the northwest corner of

Section 6, Cowichan Lake Land District (formerly Renfrew); thence easterly and southerly along the northerly and easterly boundaries of the West Half of

Section 6, to the point of intersection with the northerly limit of Cowichan Valley Highway Number 18 right of way, as shown on Registered Plan 2762RW, on file in the Land Title Office, Victoria; thence westerly along the northerly limit of said Cowichan Valley Highway Number 18 right of way, Plan 2762 to the point of intersection with the westerly boundary of

Section 6; thence northerly along the westerly boundary of said

Section 6 to the aforesaid northwest corner thereof, being the point of commencement, and containing by admeasurement 33.60 hectares of land, more or less. The whole of the municipality containing by admeasurement 808.83 hectares of land, more or less, and 140.13 hectares of foreshore and land covered by water, more or less. AND THAT the Letters Patent of the Town of Lake Cowichan, hereinafter referred to as "the municipality" be deemed to be amended so as to conform to the premises as and from the date of these Supplementary Letters Patent subject to the provisions hereinafter contained or referred to: 7

REGIONAL DISTRICT BYLAWS 1.0 Subject to these Supplementary Letters Patent and pursuant to

section 24(2) of the Local Government Act, each bylaw, regulation, contract, restriction, right, resolution, order, licence and permit of whatsoever kind and description passed, made, enacted, entered into and granted, and in effect, or in force in, or issued to, or by the Cowichan Valley Regional District, hereinafter referred to as "the regional district", having application in the area newly included within the municipality by these Supplementary Letters Patent, insofar as they are within the powers of the municipality, shall remain in full force and effect in and for the municipality and each may be amended or repealed by the council of the municipality in the same manner as if they were passed, made, enacted, entered into, or granted by the municipality.

REGIONAL DISTRICT ASSETS AND LIABILITIES 2.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, covenant, or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the regional district, in respect to the area newly enclosed within the municipality by these Supplementary Letters Patent, vest in and belong to the municipality on and from the effective date of these Supplementary Letters Patent. 8

TRANSFER OF REGIONAL DISTRICT SERVICES 3.0 The jurisdiction for all services of the regional district which have application to the area newly enclosed within the municipality by these Supplementary Letters Patent and which are within the jurisdiction of the municipality, are hereby transferred to the municipality as set out in Supplementary Letters Patent of the regional district issued concurrently with these Supplementary Letters Patent. ROADS, DRAINAGE AND APPROVING OFFICER 4.0 For the purposes of Division 5 - Highways, of

Part 15 - Municipal Services, of the Local Government Act, and pursuant to

Part 3 of the Highways Act, all public roads within the area newly enclosed within the municipality, except for those classified as arterial highways are the responsibility of the municipality. 4.1 Notwithstanding the generality of

section 4.0 above, the responsibility for roads and bridges shall include all maintenance (including electrical and rai lway crossings), capital improvements, road drainage, signs, traffic regulation and all permits previously administered by the Ministry of Transportation and Highways, (including access and utility permits) are the responsibility of the municipality. 4.2 Where, in conjunction with the approval of a plan of subdivision by an approving officer, pursuant 9

REGIONAL DISTRICT ASSETS AND LIABILITIES 2.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective ag, cement, covenant, permit or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the regional district in respect to the area newly enclosed within the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent, vest in and belong to the municipality on and from the effective date of these Supplementary Letters Patent.

REGIONAL DISTRICT ELECTORAL AREA 3.0 The area excluded from the municipality by Supplementary Letters Patent for the Town of Lake Cowichan, issued concurrently with these Supplementary Letters Patent shall, as and from the effective date of these Supplementary Letters Patent, be included within Electoral Area F of the regional district. EFFECTIVE DATE 4.0 These Supplementary Letters Patent are effective upon the date approved and ordered by the Lieutenant Governor in Council. 3

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. RUM% tAcEacilerr, WITNESS, the Honourable Getrtie-arGerfietvir@le., btttttnantfi=ror of Our said .A dministrator Province of British Columbia, in Our City of Victoria, in Our said Province, this In - — day of Ilecember , in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General 4

to the Land Title Act, works were established or land was set aside for the purpose of drainage, the responsibility for maintenance of those works or ownership of those lands is transferred to the municipality. EFFECTIVE DATE 5.0 These Supplementary Letters Patent are effective on tlic date approved and ordered by the Lieutenant Governor in Council. IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed.

MCEaCliern WITNESS, the Honourable c Iittufemitt=c2fonior of Our said Administrator Province of British Columbia, in Our City of Victoria, in Our said Province, this Ft LII day of DeCialir in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General 10

CANADA PROVINCE OF BRITISH COLUMBIA Liettenaftt-Goliernor 1,.i. IMP ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREETING. (

WHEREAS pursuant to the ( provisions of

section 776 of the (Local Government Act, the Cowichan ( Valley Regional District was ( incorporated by Letters Patent Mini. Munici fairs ( issued on September 26, 1967:

AND

WHEREAS the boundary of the Town of Lake Cowichan, hereinafter known as "the municipality", is extended by Supplementary Letters Patent for the Town of Lake Cowichan, approved and ordered by the Lieutenant Governor in Council and issued concurrently with these Supplementary Letters Patent: AND

WHEREAS

section 782 of the Local Government Act enables the Lieutenant Governor in Council to issue Supplementary Letters Patent, transferring from the regional district to the municipality, the jurisdiction for services in respect of all or a specified part of the service area: NOW KNOW YE THAT by these presents, We do order and proclaim that in respect to the area newly enclosed within the municipality by Supplementary Letters Patent for the Town of Lake Cowichan issued concurrently with these Supplementary Letters Patent the following shall apply: TRANSFER OF REGIONAL DISTRICT SERVICES 1.0 The jurisdiction for all services of the Cowichan Valley Regional District, hereinafter referred to as "the regional district", which have application to the area newly enclosed within the municipality by Supplementary letters Patent issued concurrently with these Supplementary Letters Patent, is hereby transfen-ed to the municipality in accordance with

section 782 of the Local Government Act.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1788/2000
Type	order_in_council
Volume / chapter	arc oic 1788 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e70163647ce923f07778fbdabc4ba9b00b50d60b

Source file is stored in the law ingest library (pdf).