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2004 Legislative Session: 5th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE MURRAY COELL

MINISTER OF COMMUNITY, ABORIGINAL

AND WOMEN'S SERVICES

BILL 36 – 2004

COMMUNITY, ABORIGINAL AND WOMEN'S SERVICES STATUTES AMENDMENT ACT, 2004

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Budget Measures Implementation Act, 2003

Section 59 (1) of the Budget Measures Implementation Act, 2003, S.B.C.

2003, c. 3, is amended in the definition of "tax Acts" by striking

out " and " at the end of paragraph (i), by adding " ,

and " at the end of paragraph (

j) and by adding the following paragraph:

(

k) Community Charter .

Community Charter

Section 155 (2) of the Community Charter, S.B.C. 2003, c. 26, is amended by adding the following paragraph:

(a.1) despite

section 154 (1) [delegation of council

authority] , the delegation may be made by bylaw or resolution; .

Section 180 (2) (

b) is repealed and the following substituted:

(

b) money borrowed for works required to be carried out under

(

i) an order of the Inspector of Dikes, or

(ii) an order under

section 84 [abatement of municipal

pollution] , 85 [environmental protection orders] or 87 [environmental

emergency measures] of the Environmental Management Act .

Section 189 is amended by adding the following subsections:

(4.1) Despite any other enactment, if

(

a) money in a reserve fund established for a capital purpose, including a reserve fund under

section 935 of the Local Government Act established for a capital purpose, is not currently required for that purpose, and

(

b) the municipality has another reserve fund established for a capital purpose,

the municipality may use money in the first reserve fund for the purposes of the second reserve fund.

(4.2) If money from one reserve fund is used under subsection (4.1) for the purposes of another reserve fund, the municipality must repay to the first reserve fund, no later than the time when the money is needed for the purposes of that reserve fund,

(

a) the amount used, and

(

b) an amount equivalent to the interest that would have been earned on the amount used had it remained in the first reserve fund.

Section 194 (2) is amended by adding the following paragraphs:

(

e) provide for the refund of a fee.

Community Charter Transitional Provisions, Consequential Amendments

and Other Amendments Act, 2003

Section 10 of the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, S.B.C. 2003, c. 52, is amended by adding the following subsection:

(4) In addition to its application under subsection (3),

the previous Division 2 of

Part 10 of the Local Government Act continues

to apply after the expiration of a valuation agreement as provided in the previous

section 350 [further liability for 10 years after end of valuation agreement]

of that Act.

7 Sections 1 to 5 of the Community Charter Interim Regulations, B.C. Reg. 429/2003, are repealed.

Farm Practices Protection (Right to Farm) Act

Section 1 of the Farm Practices Protection (Right to Farm) Act, R.S.B.C.

1996, c. 131, is amended in paragraph (

a) of the definition of "land

use regulation" by adding the following:

section 8 (5) [firearms] ; .

Section 2 (3) (

a) is amended by adding the following:

section 8 (5) [firearms] ; .

Local Government Act

Section 420 (7) of the Local Government Act, R.S.B.C. 1996, c. 323,

is amended by striking out "

section 311 (1) (

c) or (d) " and substituting

section 311 ".

Section 800.1 is amended

(

a) in subsection (2) by adding the following paragraph:

(

j) a service referred to in

section 800 (2) (

a) to (d)

[general administration, electoral area administration, feasibility studies

and regional hospital district services] . , and

(

b) by adding the following subsection:

(4) If the board adopts an establishing bylaw for a service

referred to in

section 800 (2) (a) [general administration] , the establishing

bylaw must identify all municipalities and all electoral areas in the regional

district as participating areas for the service, and the service area is the

entire regional district.

Section 800.2 (4) is repealed.

Section 801 is amended by adding the following subsection:

(5) As an exception, subsections (1) to (4) do not apply

to an establishing bylaw for a service referred to in

section 800 (2) (a), (

b) or (d) [services for which establishing bylaw not required – general administration,

electoral area administration and regional hospital district services] and,

instead,

section 802 applies to the bylaw as if it were a bylaw amending an

establishing bylaw.

Section 911 is amended

(

a) in subsections (1), (3), (4), (5), (7), (9) and (10) by striking

out " building or structure " wherever it appears and substituting

" building or other structure ",

(

b) by repealing subsection (1) (

a) and substituting the following:

(

a) land, or a building or other structure, is lawfully

used, and ,

(

c) in subsection (2) by striking out " buildings or structures "

and substituting " a building or other structure, ", and

(

d) in subsection (8) by striking out " a building or a structure "

and substituting " a building or other structure, ".

Section 933 is amended

(

a) by repealing subsection (4) (

b) and (

c) and substituting the following:

(

b) subject to a bylaw under subsection (4.1) (a), the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(

i) contain fewer than 4 self-contained dwelling units, and

(ii) be put to no other use other than the residential use in those dwelling units;

(

c) the value of the work authorized by the permit does not exceed, as applicable,

(i) $50 000, if no bylaw under subsection (4.1) (

b) or regulation under subsection (4.2) (

a) applies,

(ii) the amount prescribed under subsection (4.2) (a), if no bylaw under subsection (4.1) (

b) applies, or

(iii) the amount established by bylaw under subsection

(4.1) (b). , and

(

b) by adding the following subsections:

(4.1) A local government may, in a bylaw under subsection (1), do either or both of the following:

(

a) provide that a charge is payable under the bylaw in relation to a building permit referred to in subsection (4) (b);

(

b) establish an amount for the purposes of subsection (4) (c) (iii) that is greater than the amount otherwise applicable under subsection (4) (c), subject to the maximum permitted under subsection (4.2) (b).

(4.2) The minister may, by regulation,

(

a) prescribe an amount for the purposes of subsection (4) (c) (ii), and

(

b) prescribe a maximum value that may be established under subsection (4.1) (b).

Section 937.3 is amended

(

a) by repealing subsection (3) (

c) and substituting the following:

(

c) subject to a bylaw under subsection (3.1), the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(

i) contain fewer than 4 self-contained dwelling units, and

(ii) be put to no other use other than the residential

use in those dwelling units; , and

(

b) by adding the following subsection:

(3.1) A local government may, by bylaw, provide that a school site acquisition charge is payable in relation to a building permit referred to in subsection (3) (c).

Section 941 (15) is amended by striking out " as a special

fund under

Part 13 [Special Funds] of this Act " and substituting

" as a reserve fund under this Act ".

Section 941.1 is amended

(

a) in subsection (1) by striking out " by bylaw, " and

substituting " by bylaw adopted with the approval of the electors, ",

(

b) in subsection (2) by striking out " a special fund under

Part 13 [Special Funds] " and substituting " a reserve fund ",

and

(

c) by repealing subsection (3).

Vancouver Charter

Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definition:

"registered owner" means the person registered

in the land title office as entitled to the fee simple; .

Section 396 is amended

(

a) by repealing subsection (1) (c) (

i) and substituting the following:

(

i) if

(

A) an incorporated charitable institution is the registered owner or owner under agreement, either directly or through trustees, of the real property, and

(

B) the real property is in actual occupation by the

incorporated charitable institution and is wholly in use for charitable purposes;

, and

(

b) by adding the following subsection:

(7) For the purposes of subsection (1) (c) (i) (A), an incorporated charitable institution is deemed to be a registered owner of real property if

(

a) it is, directly or through trustees, the registered holder of a leasehold estate in the real property,

(

b) the actual registered owner of the real property is an incorporated charitable institution, and

(

c) the real property would be exempt if it were in actual occupation by the institution referred to in paragraph (

b) for a particular charitable purpose of that institution.

Section 523D is amended

(

a) by repealing subsection (10) (

b) and substituting the following:

(

b) subject to subsection (10.1), where a building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(

i) contain less than 4 self-contained dwelling units, and

(ii) be put to no other use other than the residential

use in those dwelling units, , and

(

b) by adding the following subsection:

(10.1) A by-law made under this

section may provide that a levy is payable under the by-law in relation to a building permit referred to in subsection (10) (b).

Section 572 is amended

(

a) by repealing subsections (1) and (1.1) and substituting the following:

(1) The Council shall establish by by-law a Board, consisting of 5 members appointed by the Council.

(1.1) The members of the Board shall elect one of their

number as Chair of the Board. ,

(

b) in subsection (2) by striking out " until his successor shall

be " and substituting " until the member's successor is ",

and

(

c) by repealing subsection (6) and substituting the following:

(6) The Chair may from time to time appoint a member of the Board as Acting Chair to preside in the absence of the Chair.

Commencement

23 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 and 2

January 1, 2004, retroactive to the extent necessary to give them effect on and after that date

Section 3

The date that

section 84 of the Environmental Management Act comes into force.

Section 4

By regulation of the Lieutenant Governor in Council

Sections 5 and 6

January 1, 2004, retroactive to the extent necessary to give them effect on and after that date

Sections 8 and 9

January 1, 2004, retroactive to the extent necessary to give them effect on and after that date

Sections 15 and 16

By regulation of the Lieutenant Governor in Council

Section 21

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Budget Measures Implementation Act, 2003

SECTION 1: [Budget Measures Implementation Act, 2003,

section 59]

continues the effect of an interim regulation under the Community Charter

Transitional Provisions, Consequential Amendments and Other Amendments Act,

2003 (allowing interest calculation regulations under the Community Charter

to apply to prior debts).

Community Charter

SECTION 2: [Community Charter,

section 155] continues the effect

of an interim regulation under the Community Charter Transitional Provisions,

Consequential Amendments and Other Amendments Act, 2003 (allowing council

hearings to be delegated by resolution rather than by bylaw).

SECTION 3: [Community Charter,

section 180] updates current references

to the Waste Management Act and Environment Management Act with

references to the new Environmental Management Act .

SECTION 4: [Community Charter,

section 189] allows local governments

to use money available in their capital reserve funds for other capital projects,

rather than having to go to outside borrowing at higher interest rates.

SECTION 5: [Community Charter,

section 194] continues the effect

of an interim regulation under the Community Charter Transitional Provisions,

Consequential Amendments and Other Amendments Act, 2003 (providing express

authority in relation to municipal fees).

Community Charter Transitional Provisions, Consequential Amendments

and Other Amendments Act, 2003

SECTION 6: [Community Charter Transitional Provisions, Consequential

Amendments and Other Amendments Act, 2003,

section 10] continues the

effect of an interim regulation under the Act (providing for the continued effect

of the previous rules respecting certain tax exemption agreements).

SECTION 7: [Community Charter Interim Regulations, sections 1 to 5]

repeals provisions whose effect is replaced by amendments proposed by this Act.

Farm Practices Protection (Right to Farm) Act

SECTION 8: [Farm Practices Protection (Right to Farm) Act,

section 1]

continues the effect of an interim regulation under the Community Charter

Transitional Provisions, Consequential Amendments and Other Amendments Act,

2003 (excluding municipal firearm bylaws from the definition of "land use

regulation" for the purposes of the Act).

SECTION 9: [Farm Practices Protection (Right to Farm) Act,

section 2]

continues the effect of an interim regulation under the Community

Charter Transitional Provisions, Consequential Amendments and Other Amendments

Act, 2003 (providing that a farmer does not contravene a municipal firearms

bylaw only by conducting a farm operation in accordance with normal farm practices).

Local Government Act

SECTION 10: [Local Government Act,

section 420] replaces an incorrect

cross reference.

SECTION 11: [Local Government Act,

section 800.1]

in relation to the described regional district services (for which an establishing bylaw is optional, rather than mandatory), provides an exemption from the requirement that any establishing bylaw that is in fact adopted must set the maximum amount that may be requisitioned for the service;

in relation to an establishing bylaw for general administration services, establishes requirements respecting the participating areas and service area for the services.

SECTION 12: [Local Government Act,

section 800.2] removes the

current restriction on cost recovery options in relation to certain regional

district services (general administration, electoral area administration, feasibility

studies and regional hospital district services).

SECTION 13: [Local Government Act,

section 801] allows establishing

bylaws for the described regional district services (for which establishing

bylaws are optional rather than mandatory) to be adopted using the elector consent

rules that apply to amending bylaws.

SECTION 14: [Local Government Act,

section 911] changes terminology

for consistency with the remainder of this Act and the Community Charter .

SECTION 15: [Local Government Act,

section 933] allows local

governments to

impose development cost charges on projects that involve residential developments whose size is smaller than the current limit established by subsection (4) (

b) of the section, and

not impose development cost charges on projects whose value is greater than the current limit established by subsection (4) (

c) of the section.

SECTION 16: [Local Government Act,

section 937.3] allows local

governments to impose school site acquisition charges on projects that involve

residential developments whose size is smaller than the current limit established

by subsection (3) (

c) of the section.

SECTION 17: [Local Government Act,

section 941] removes an incorrect

cross reference and changes terminology (respecting reserve funds) for consistency

with the remainder of this Act and the Community Charter .

SECTION 18: [Local Government Act,

section 941.1] changes terminology

(respecting elector approval and reserve funds) for consistency with the remainder

of this Act and the Community Charter .

Vancouver Charter

SECTION 19: [Vancouver Charter,

section 2] adds a definition

to parallel the meaning of this term in the Community Charter .

SECTION 20: [Vancouver Charter,

section 396] in response to a

recent decision of the B.C. Court of Appeal (respecting tax exemptions for charitable

institutions under this

section of the Vancouver Charter ), maintains

the effect of the exemption established for the charitable organization in that

decision while adopting a definition of "registered owner" that parallels the

definition established by the Community Charter .

SECTION 21: [Vancouver Charter,

section 523D] allows the City

of Vancouver to impose development cost levies on projects that involve residential

developments whose size is smaller than the current limit established by subsection

(10) (

b) of the section.

SECTION 22: [Vancouver Charter,

section 572]

clarifies the composition of the Board of Variance;

revises the

section to use gender neutral terms, consistent with current legislation practice.

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