LOCAL GOVERNMENT ACT · PART 3 – ELECTORS AND ELECTIONS Part 3: Division 1 – Interpretation 33....

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LOCAL GOVERNMENT ACT323

[includes 2004 Bill 36 (B.C. Reg. 407/2004) amendments (effective Sept. 10, 2004)]

Contents

PART 1 – PURPOSES AND PRINCIPLES1. Purposes of this Act2. Purposes of regional districts3. Principles for governmental relations4. Broad interpretation5. Definitions

5.1 Application of Community Charter definitions6. Repealed

6.1 References to regional district officers6.2 Special rule for Mountain Time Zone6.3 Repealed6.4 How notices must be published in a newspaper6.5 Giving notice to regional districts6.6 Power to make regulations

PART 1.1

PART 2 – INCORPORATION OF MUNICIPALITIES

-- Sections 7 - 14 of Part 2 --

7. Incorporation of a new municipality8. Vote required for the incorporation of a new municipality9. Procedure and costs for vote on incorporation

10. Incorporation of municipality in conjunction with resource development11. Incorporation of a mountain resort municipality

11.1 Incorporation of island municipality in Islands Trust area12. Incorporation of reserve residents as village13. What must and may be included in letters patent14. Exceptions for industrial plants


15. Publication of letters patent16. Repealed17. Classification of municipalities18. Change of municipal classification19. Repealed20. Extension of boundaries21. Redefinition of boundaries

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22. Collection of taxes23. Transfer of Provincial tax money if rural land included in municipality24. Bylaws extend to additional area25. Repealed


26. Reduction of municipal area27. Redefinition of adjoining municipalities28. Conditions on extension or reduction29. Disincorporation of a municipality30. Dissolution of improvement district31. Rights and liabilities not affected by surrender or revocation of letters patent32. Existing licences preserved

PART 3 – ELECTORS AND ELECTIONS

Part 3: Division 1 – Interpretation33. Definitions34. Time not extended for voting days35. This Act prevails in relation to use of information

Part 3: Division 2 – Arrangements for Elections36. General local elections every 3 years

36.1 Municipal elections at large unless on a neighbourhood constituency basis37. By-elections38. Minister’s order for election to be conducted39. Election bylaws40. Costs of elections41. Appointment of election officials42. Chief election officer duties and powers43. Presiding election official duties and powers

Part 3: Division 3 – Election Proceedings Generally44. Public notices45. Solemn declarations46. Keeping order at election proceedings47. Adjournment of election proceedings48. Exceptional assistance in election proceedings

Part 3: Division 4 – Electors

-- Sections 49 - 55 of Part 3, Division 4 --

49. Who may vote at an election50. Resident electors51. Non-resident property electors


52. Rules for determining residence53. When a person may register as an elector54. Voting day registration only55. Application for registration


56. How to register in advance57. How to register as a resident elector at the time of voting

57.1 How to register as a non-resident property elector at the time of voting58. Non-resident property elector certificate59. Automatic registration by inclusion on Provincial list of voters60. Effect of registration61. Register of electors62. List of registered electors63. Protection of privacy64. Objection to registration of an elector65. Resolving objections

Part 3: Division 5 – Qualifications for Office66. Who may hold elected office as a member of a local government67. Disqualification of local government employees68. Only one elected office at a time in the same local government

Part 3: Division 6 – Nominations and Declaration of Election69. Nomination period70. Notice of nomination71. Who may make nominations72. Nomination documents

72.1 Nomination deposits73. Nomination by delivery of nomination documents74. Declaration of candidates75. Challenge of nomination76. Declaration of election by voting or acclamation77. Notice of election by voting78. Appointment if an insufficient number of candidates are elected

Part 3: Division 7 – Candidates and Representatives79. Ballot showing candidate endorsement by elector organization80. Withdrawal, death or incapacity of candidate81. Appointment of candidate representatives82. Presence of candidate representatives at election proceedings

Part 3: Division 8 – Campaign Financing

-- Sections 83 - 89.1 of Part 3, Division 8 --


83. Definitions84. Election campaign85. Appointment of financial agent

85.1 Campaign accounts86. Restrictions on accepting contributions and incurring expenses87. Restrictions on making campaign contributions88. Financial agent must record contributions and expenses89. Valuation of campaign contributions and election expenses

89.1 Transfer of candidate’s surplus campaign funds


90. Duty to file disclosure statement90.1 Duty to file supplementary reports90.2 Late filing of disclosure statements

91. Court order for relief from filing obligations92. Candidate disqualification for failure to file disclosure statement

92.1 Elector organization disqualification for failure to file disclosure statement92.2 Public notice of failure to file92.3 Disqualification list92.4 Candidate disqualification for false or incomplete reports92.5 Elector organization disqualification for false or incomplete reports

93. Disclosure statements and supplementary reports to be available for public inspection

Part 3: Division 9 – Voting Opportunities94. Voting opportunities for electors95. Required general voting opportunities96. Additional general voting opportunities97. Required advance voting opportunities98. Additional advance voting opportunities99. Special voting opportunities

100. Mail ballot voting

Part 3: Division 10 – Arrangements for Voting101. Voting places102. Use of voting machines103. Municipal voting divisions104. Form of ballots105. What must and must not be included on a ballot106. Order of names on ballot107. Order of names on ballot determined by lot108. Ballot boxes

Part 3: Division 11 – Conduct of Voting Proceedings109. Persons who must be present at voting places110. Persons who may be present at voting places111. Sealing of ballot boxes containing ballots


112. Time for voting extended

Part 3: Division 12 – Voting113. Voting to be by secret ballot114. Each elector may vote only once115. Requirements before elector may be given a ballot to vote116. Challenge of elector117. If another person has already voted under an elector’s name118. Replacement of spoiled ballot119. How to vote by ballot120. One person to a voting compartment121. Persons needing assistance to mark their ballots122. Persons unable to enter a voting place

Part 3: Division 13 – Counting of the Vote


123. When and where counting is to be done124. Who may be present at counting125. Who does the counting126. Opening of ballot boxes127. Combination of ballots for counting128. Procedures for counting129. Rules for accepting votes and rejecting ballots130. Objections to the acceptance of a vote or the rejection of a ballot


131. Ballot account132. Packaging of ballots133. Delivery of election materials to chief election officer134. Preliminary election results135. Determination of official election results136. Declaration of official election results137. When elected candidates may take office

Part 3: Division 14 – Judicial Recount138. Application for judicial recount139. Judicial recount procedure140. Results of judicial recount and orders as to costs141. Determination of results by lot if tie vote after judicial recount142. Runoff election if tie vote after a judicial recount

Part 3: Division 15 – Declaration of Invalid Election143. Application to court144. Hearing of the application


145. Power of the court on an application146. Costs of an application147. Status of an elected candidate

Part 3: Division 16 – Final Proceedings148. Report of election results149. Publication of election results150. Retention and destruction of election materials

Part 3: Division 17 – Election Offences151. Vote buying152. Intimidation

152.1 Prohibition against certain election advertising on general voting day153. Other election offences

153.1 Prosecution of organizations and their directors and agents154. Penalties

Part 3: Division 18 – General155. Powers of minister in relation to elections156. Regulations

PART 4 – OTHER VOTING

Part 4: Division 1 – Interpretation157. Definitions158. Other voting to be conducted in same manner as an election

Part 4: Division 2 – Assent of the Electors159. How assent is obtained160. Repealed

Part 4: Division 3 – Other Voting Proceedings161. Who may vote at other voting162. General voting day for other voting163. Arrangements for other voting164. Notice of other voting165. Ballots for other voting166. When counting for other voting is to be done167. Special procedures if voting is conducted by more than one jurisdiction168. Other general matters

Part 4: Division 4 – Scrutineers169. Scrutineers for other voting170. Notice of applications to volunteer as a scrutineer171. Applications to volunteer to act as scrutineer for other voting172. Appointment of scrutineers for other voting


Part 4: Division 5. 172.1 to 172.91 Repealed

PART 5 – REGIONAL DISTRICT CORPORATE POWERS AND THEIR USE

Part 5: Division 1 – Regional District Corporate Status173. Regional district corporations174. Board is governing body175. Area of jurisdiction

Part 5: Division 2 – General Corporate Powers176. Corporate powers

Part 5: Division 3 – Agreements177. Disclosure of information relating to agreements178. Repealed179. Repealed180. Approval for out-of-Province and out-of-country agreements with public authorities

Part 5: Division 4 – Assistance181. Definition of “assistance”182. Prohibition against assistance to business183. Exception for assistance under partnering agreements

183.1 Exception for heritage conservation purposes184. Limitation on assistance by means of tax exemption185. Publication of intention to provide certain kinds of assistance

Part 5: Division 5 – Disposing of Land and Improvements186. Disposition of land and improvements187. Notice of proposed disposition188. Use of money from sale of land or improvements189. Repealed190. Disposal of utilities and water and sewer systems

Part 5: Division 6 – Delegation of Board Authority191. Limitations on delegation authority192. How delegation must occur193. Delegation of hearings194. Reconsideration of delegate’s decisions

Part 5: Division 7 – Incorporation of Corporations195. Incorporation of corporations

PART 5.1 – REGIONAL DISTRICT OFFICERS AND EMPLOYEES

Part 5.1: Division 1 – Officer Positions196. Officer positions


197. Chief administrative officer198. Corporate administration199. Financial administration

Part 5.1: Division 2 – Regional District Officers and Employees Generally200. Appointment of officers and employees201. Oath of office for officers202. Termination of officer203. Employers’ organization

Part 5.1: Division 3 – Certification of Senior Officials204. Board of examiners205. Powers of board206. Board may make regulations

PART 5.2 – REGIONAL DISTRICT BOARDS AND THEIR PROCEEDINGS

Part 5.2: Division 1 – Board Members207. Repealed208. Repealed209. Repealed210. Oath of office for board members211. Repealed212. Resignation from office213. Repealed214. Repealed215. Sections 215. to 217. Repealed

Part 5.2: Division 2 – Chair218. Powers and duties of chair219. Chair may require board reconsideration of a matter220. Repealed221. Repealed

Part 5.2: Division 3 – Board Meetings222. Repealed

222.1 Regular and special board meetings223. Repealed224. Repealed225. Repealed226. Repealed227. Proceedings at board meetings228. Sections 228. to 231. Repealed

Part 5.2: Division 4 – Board Proceedings232. Sections 232. to 235. Repealed236. Minutes of board meetings


237. Minutes of board committee meetings238. Sections 238. to 241. Repealed242. Repealed

Part 5.2: Division 4.1. 242.1 to 242.8 Repealed

Part 5.2: Division 5. 243. to 251. Repealed

Part 5.2: Division 6. 252. to 253. Repealed. 254. to 256. Repealed

PART 6 – CHALLENGE AND ENFORCEMENT OF BYLAWS

Part 6: Division 1. 257. to 259.3 Repealed

Part 6: Division 2 – Challenge of Bylaws260. Extended definition of “bylaw”261. Validity of council proceedings262. Application to court to set aside bylaw263. Assessment or rate stands unless bylaw set aside264. Declaratory orders265. Right of action on illegal bylaw

Part 6: Division 3 – Enforcement of Regional District Bylaws266. Fines and penalties

266.1 Ticketing for bylaw offences266.2 Application of the Local Government Bylaw Notice Enforcement Act 267. Bylaw contraventions - offences and penalties268. Inspections to determine whether bylaws are being followed269. Regional district action at defaulter's expense270. Repealed

Part 6: Division 4. 271. to 280. Repealed

Part 6: Division 5. 280.1 to 280.6 Repealed

PART 7 – LEGAL PROCEEDINGS

Part 7: Division 1 – Proceedings by Regional Districts281. Enforcement by civil proceedings282. Repealed


283. Recovery of utility rates by legal remedy of distress284. Scale of costs on distress

Part 7: Division 2 – Proceedings against Municipality285. Limitation period for actions against municipality286. Immunity unless notice given to municipality after damage287. Immunity for individual municipal public officers

287.1 Defence for financial officer287.2 Indemnification against proceedings288. Immunity against certain nuisance actions289. Immunity in relation to failure to enforce building bylaws290. Limitation on municipal liability regarding building plan approval291. Proceedings against municipality in relation to actions of others292. Repealed

Part 7: Division 3 – Enforcement of Orders against Municipality293. Writ of execution against municipality294. Copy of writ to be left with municipal officer295. Tax to be levied if amount not paid296. Payment of amount levied297. Officers of municipality as officers of court298. Certain municipal property exempt from seizure

Part 7: Division 4 – Miscellaneous299. Repealed300. Self insurance by local authorities301. Repealed

301.1 Nisga’a Final Agreement301.11 Repealed

PART 8 – SPECIAL POWERS RELATING TO PROPERTY

Part 8: Division 1 – Reservation and Dedication of Regional District Property302. Power to reserve and dedicate regional district land for public purpose303. Control of Crown land parks dedicated by subdivision304. Exchange of park land305. Sections 305. to 305.2 Repealed

Part 8: Division 2 – Municipal Forest Reserves306. Establishment of municipal forest reserve307. Sale or lease of municipal forest reserve308. Cutting and removal of timber

Part 8: Division 3 – Expropriation and Compensation309. Expropriation power310. Authority in relation to services311. Entry on land to mitigate damage


312. Compensation for expropriation and other actions313. Repealed

Part 8: Division 4 – Other Regional District Powers314. Power to accept property on trust

314.1 Authority to enter on or into property315. Repealed316. Sections 316. to 326. Repealed

Part 8: Division 4.1 – Special Municipal Powers315.1 Irrigation services315.2 District municipality drainage works

Part 8: Division 4.2 – Other Powers315.3 Further powers in relation to assets

PART 9. 327. to 338. Repealed

PART 10 – MUNICIPAL TAXATION: SPECIAL CASES339. Sections 339. to 351. Repealed352. Forest land353. Taxation of certain utility company property354. Repealed355. Sections 355. to 358. Repealed

PART 10.1 – REGIONAL DISTRICT FEES, CHARGES AND INTEREST359. Sections 359. to 362. Repealed363. Imposition of fees and charges

363.1 Interest calculation363.2 Special fees and charges that are to be collected as taxes364. Special fees and charges that are liens against property

PART 11 – ANNUAL MUNICIPAL TAX SALE


365. Sections 365. to 383. Repealed384. Sections 384. to 395. Repealed396. Sections 396. to 402. Repealed403. Annual tax sale404. Exemption of Crown land from tax sale405. Notice of tax sale406. Municipality may bid at tax sale407. Upset price and conduct of tax sale408. Purchaser to give authority to register tax sale title409. Collector to provide certificate of sale


410. Tax sale of Crown land subject to an agreement to purchase411. Provincial government may accept tax sale purchaser412. Resale of land purchased by municipality at tax sale413. Notice of tax sale must be filed in land title office


414. Owners must be given notice of tax sale and redemption period415. Assessment and taxes during redemption period416. Application of surplus from tax sale417. Redemption by owner418. Redemption payments by instalments419. Notice of redemption must be filed in land title office420. Registration of purchaser421. Effect of tax sale on rights of owner422. Action by owner to have tax sale set aside423. Reinstatement of taxes if sale set aside


424. Restrictions on legal actions in relation to tax sale425. Repossessed tax sale land426. Procedure on default of purchaser under agreement427. Redemption by municipality of land sold for Provincial taxes428. Repealed429. Sections 429. to 447. Repealed




PART 15 – SPECIFIC REGIONAL DISTRICT SERVICE POWERS

Part 15: Divisions 1 and 2. 517. to 521. Repealed

Part 15: Division 3 – Fire Protection522. Special fire protection powers

Part 15: Division 4 – Health523. Health protection authority



Part 15: Division 6 – Sewers, Storm Drains and Drainage540. Special drainage and sewerage authority541. Watercourse may be included in drainage system542. Requirements respecting drainage works543. Appropriation of stream channel or bed544. Control of drainage545. Repealed546. Remedial authority in relation to drainage and dikes547. Highway construction and dikes548. Interjurisdictional watercourses549. Repealed

Part 15: Division 7 – Waste and Recycling550. Authority in relation to waste disposal and recycling services

Part 15: Division 8 – Miscellaneous551. Regulation of signs and advertising552. Use of rights of way553. Irrigation services554. Repealed555. Authority subject to Water Act


PART 17585. Sections 585. to 606. Repealed607. Sections 607. to 609. Repealed

PART 18. 610. to 614. Repealed. 615. to 619. Repealed

PART 19. 620. to 651.2 Repealed

PART 20 – REGULATION OF CARRIERS AND COMMERCIAL VEHICLE LICENSING

Part 20: Division 1 – Regulation of Carriers652. Sections 652. to 656. Repealed657. Regulation of carriers



Part 20: Division 3 – Licensing of Commercial Vehicles664. Definitions665. Application of Division666. Commercial vehicle licensing bylaw667. Exemptions from licensing requirements668. Licence plate must be displayed669. Issue and transfer of licence plates670. Term of licences671. Fees to be paid to UBCM672. Offences673. Sections 673. to 679. Repealed680. Repealed681. Sections 681. to 691. Repealed

PART 21 – BUILDING REGULATIONS

Part 21: Division 1 – Building Code and Other Building Regulations692. Provincial building code and regulations693. Building Code Appeal Board

Part 21: Division 2 – Regional District Building Regulations693.1 Restrictions on authority694. Regional district building regulations

694.1 Requirement for security695. Application of Community Charter provisions696. Regulating doors and emergency exits697. Municipality may adopt national codes

Part 21: Division 3 – Hazardous Conditions698. Remedial authority in relation to hazardous conditions699. Sections 699. to 701. Repealed

PART 22 – MISCELLANEOUS POWERS702. Repealed

Part 22: Division 1 – Regulation of Animals702.1 Application in relation to regional district animal control service703. Animal control authority704. Sections 704. to 706. Repealed707. Animal pounds

707.1 Dangerous dogs


Part 22: Division 3 – Sundry Powers



716. Repealed717. Repealed718. Repealed719. Repealed720. Sections 720. to 722.1 Repealed723. Removal and deposit of sand, gravel and other soil724. Noise control


725. Nuisances and disturbances725.1 Repealed726. Fire and security alarm systems727. Repealed

727.1 Repealed728. Fireworks

728.1 House numbering

PART 23 – IMPROVEMENT DISTRICTS

Part 23: Division 1 – General


729. Definitions730. Repealed731. Incorporation by letters patent732. Incorporation of mountain resort improvement districts733. Notation on title of land in a mountain improvement district734. Amendment or recall of letters patent735. Dissolution of improvement districts736. Improvement district trustees737. Election of improvement district trustees


738. Chair and officers738.1 Officer positions738.2 Corporate administration738.3 Financial administration738.4 Officers and employees738.5 Giving notice to improvement districts739. Meeting procedure740. First meeting of trustees in each year

740.1 Appointment of select and standing committees



741. Annual general meeting741.1 Annual financial statements741.2 Appointment of auditor742. Appointment of receiver743. Protection from legal proceedings

743.1 Indemnification against proceedings744. Improvement district property exempt from taxation

Part 23: Division 2 – Powers and Operations


745. General powers746. Powers that must be exercised by bylaw747. Requirements for bylaws

747.1 Subdivision servicing requirements747.2 Excess or extended services and latecomer payments748. Power to exercise rights under certain water licences


749. Power to expropriate water diversion licences and related works750. General power to expropriate land and works751. Renewal of works752. Appeal if improvement district refuses to provide services

Part 23: Division 3 – Taxes and Cost Recovery


753. Assessment roll754. Notice of assessment755. Revision of assessments756. Tax collection on behalf of improvement district

756.1 Municipal collection of improvement district taxes756.2 Payments to improvement districts


757. Levying of taxes by improvement district758. Tax notices759. Lien for taxes and tolls760. Interest on taxes

Part 23: Division 4 – Tax Sales



761. Definitions762. Tax sale for recovery of taxes763. Conduct of tax sale764. Disposal of surplus from tax sale


765. Improvement district as purchaser of tax sale land766. Tax sale deed767. Sale of Crown land held under a mortgage or agreement for sale768. Disposal of tax sale land by trustees

Part 23: Division 5 – Borrowing and Securities769. Provision of sinking funds770. Provincial guarantee of improvement district securities771. Form of securities772. Registration of securities

PART 24 – REGIONAL DISTRICTS

Part 24: Division 1 – Interpretation773. Repealed774. Application of other provisions

Part 24: Division 1.1 – Continuation of Regional Districts and Services774.1 Continuation of regional districts774.2 Continuation of regional district services

Part 24: Division 2 – Corporate Structure775. Repealed776. Incorporation of regional districts777. Letters patent of regional districts778. Sections 778. to 779.3 Repealed780. Amalgamation and division of regional districts and alteration of boundaries781. Dissolution of improvement districts and local areas782. Creation or restructure of municipalities

Part 24: Division 3 – Government and Procedure


783. Composition and voting rights784. Appointment and term of office of municipal directors785. Election and term of office of electoral area directors786. Alternate municipal directors


787. Alternate electoral area directors787.1 Application of Community Charter provisions to regional district directors788. Repealed789. Repealed


790. Repealed791. Voting on resolutions and bylaws792. Chair and vice chair of board793. Calling and conduct of meetings794. Procedure, bylaws and enforcement795. Appointment of select and standing committees

Part 24: Division 4 – Services and Powers


796. General authority for services796.1 Consent required for services outside regional district796.2 Authorities in relation to services other than regulatory services796.3 Regulation authority in relation to previous bylaws


797. Repealed797.1 Specific regulatory and other powers797.2 Repealed797.3 Referendums regarding services797.4 Petition for electoral area services797.5 Approval of the electors798. Incidental powers

798.1 Emergency powers799. Additional powers and exceptions

799.1 Continuation of regional parks and trails

Part 24: Division 4.1 – Establishing Bylaws

-- Sections 800 - 800.2 of Part 24, Division 4.1 --

800. Establishing bylaws required for most services800.1 Required content for establishing bylaws800.2 Special options for establishing bylaws


801. Approval of establishing bylaws


801.1 Responsibility for obtaining approval801.2 Approval by assent of the electors801.3 Approval by alternative approval process801.4 Consent on behalf of municipal participating area801.5 Consent on behalf of electoral participating area electors801.6 Other procedural rules802. Amendment or repeal of establishing bylaws

802.1 Changes to participating and service areas802.2 Amending bylaws that are needed for authority to borrow802.3 Special provisions respecting service withdrawal

Part 24: Division 4.2 – Cost Recovery for Services803. Options for cost recovery

803.1 Costs of services804. Apportionment of costs

804.1 Cost sharing for Part 26 services804.2 Valuation information and apportionment adjustments804.3 Tax base for property value taxes

Part 24: Division 4.3 – Requisition and Tax Collection805. Requisition of funds from municipalities

805.1 Collection in municipalities806. Requisition of funds for electoral areas

806.1 Collection in electoral areas807. Amounts to be paid over to regional district

Part 24: Division 4.4 – Tax Rates and Exemptions808. Variable tax rate system809. Property tax exemptions810. Exemptions for heritage properties

810.1 Repayment requirement in relation to heritage exemptions811. Exemptions for riparian property

811.1 Repayment requirement in relation to riparian exemptions812. Tax exemptions under a partnering agreement

Part 24: Division 4.5 – Dispute Resolution in Relation to Services


813. Definitions813.01 Minister may appoint facilitators813.02 Parties to a service review or service withdrawal813.03 Costs of service review or service withdrawal813.04 Initiating a service review813.05 Other issues and services may be dealt with in one service review

-- Sections 813.06 - 813.10 of Part 24, Division 4.5 --


813.06 Preliminary meeting813.07 Negotiations to resolve issues813.08 Initiating service withdrawal813.09 Minister’s direction on process813.10 Addition of further initiating participants or further services


813.11 Early termination of process813.12 Mediation813.13 Arbitration813.14 Initiating participant must respond to final resolution813.15 Direction to further arbitration in certain cases


813.16 When final resolution becomes binding813.17 Implementation of final resolution by bylaw813.18 Failure to adopt required bylaws813.19 Regulations respecting arbitrations

Part 24: Division 5 – Financial Operations


814. General accounting rules814.1 Annual reporting on regional district finances815. Financial plan816. Process requirements for financial plan817. Limit on expenditures


818. Limit on borrowing and other liabilities819. Application of Community Charter borrowing and liability provisions820. Repealed821. Revenue anticipation borrowing822. Short term capital borrowing823. Regional district loan authorization bylaws

823.1 Participating area approval required for some loan authorization bylaws823.2 Temporary borrowing under loan authorization bylaw824. Financing municipal undertakings825. Security issuing bylaws826. General liability provisions



. 827. to 836. Repealed

Part 24: Division 6 – General837. Services to public authorities838. Local community commissions839. Repealed840. Restriction on authority in relation to firearms841. Repealed842. Sections 842. to 845.3 Repealed846. Inspection of regional districts847. Legal proceedings and enforcement

PART 25 – REGIONAL GROWTH STRATEGIES848. Definitions

Part 25: Division 1 – Application and Content of Regional Growth Strategy849. Purpose of regional growth strategy850. Content of regional growth strategy851. Area to which regional growth strategy applies852. Requirement to adopt regional growth strategy

Part 25: Division 2 – Preparation and Adoption Procedures


853. Requirements for adoption854. Initiation of regional growth strategy process855. Consultation during development of regional growth strategy856. Facilitation of agreement during development of regional growth strategy857. Acceptance by affected local governments required858. Resolution of anticipated objections


859. Resolution of refusal to accept860. Settlement of regional growth strategy861. Options for settlement process862. General provisions regarding settlement process863. Adoption of regional growth strategy864. Requirement to adopt finalized regional growth strategy

Part 25: Division 3 – Effect of Regional Growth Strategy865. Regional district must conform with regional growth strategy866. Requirement for regional context statements in municipal official community plans

Part 25: Division 4 – General867. Intergovernmental advisory committees


868. Implementation agreements869. Regular reports and review of regional growth strategy870. Provincial policy guidelines871. Minister may require official community plans and land use bylaws

PART 26 – PLANNING AND LAND USE MANAGEMENT

Part 26: Division 1 – General872. Definitions873. Authority under Part

873.1 Rural land use bylaws874. Ministerial orders

Part 26: Division 2 – Official Community Plans


875. Purposes of official community plans876. Authority to adopt by bylaw877. Required content878. Policy statements in official community plans879. Consultation during OCP development

879.1 Repealed880. Repealed


881. Planning of school facilities882. Adoption procedures883. Repealed884. Effect of official community plans885. Repealed


Part 26: Division 4 – Public Hearings on Bylaws890. Public hearings891. Delegating the holding of public hearings892. Notice of public hearing893. Notice if public hearing waived894. Procedure after a public hearing

Part 26: Division 5 – Public Information and Advisory Commission895. Development approval procedures896. Information that must be available to the public897. Repealed


898. Advisory planning commission

Part 26: Division 6 – Board of Variance899. Establishment of board of variance900. Chair and procedures901. Variance or exemption to relieve hardship902. Extent of damage preventing reconstruction as non-conforming use

Part 26: Division 7 – Zoning and Other Development Regulation


903. Zoning bylaws904. Zoning for amenities and affordable housing905. Housing agreements for affordable and special needs housing906. Parking space requirements907. Runoff control requirement908. Regulation of signs


909. Screening and landscaping to mask or separate uses910. Construction requirements in relation to flood plain areas911. Non-conforming uses and siting912. Effect of expropriation in relation to non-conforming use and subdivision913. Approval of regional district bylaws by minister914. No compensation in relation to adoption of bylaw or issuance of permit

Part 26: Division 8 – Regulation of Farm Businesses in Farming Areas915. Intensive agriculture916. Provincial standards for farm bylaws917. Farm bylaws918. Application919. Three year review of bylaws affecting farming areas

Part 26: Division 9 – Permits and Fees

-- Sections 919.1 - 920.2 of Part 26, Division 9 --

919.1 Designation of development permit areas920. Development permits

920.01 Designation of development approval information areas or circumstances920.1 Development approval information920.2 Designation of temporary commercial and industrial use permit areas



921. Temporary commercial and industrial permits922. Development variance permits923. Tree cutting permits924. Approval required for development near controlled access highway925. Requirement for security


926. Lapse of permit927. Notice of permit on land title928. General matters929. Withholding of permits and licences that conflict with bylaws in preparation930. Amendment and discharge of land use contracts931. Fees related to applications and inspections

Part 26: Division 10 – Development Costs Recovery


932. Definitions933. Development cost charges generally934. Amount of development cost charges


935. Use of development cost charges936. Acquisition and development of park land937. Adoption procedures for development cost charge bylaw

937.1 Development works agreements with private developers

Part 26: Division 10.1 – School Site Acquisition Charges


937.2 Definitions937.3 School site acquisition charge payable937.4 Eligible school site requirements937.5 Setting school site acquisition charges


937.6 Provision of land for school sites937.7 No subdivision or building permit unless charge paid937.8 Credit for previous contributions937.9 Transfer to school board

937.91 Regulations for this Division


Part 26: Division 11 – Subdivision and Development Requirements


938. Subdivision servicing requirements939. Excess or extended services and latecomer payments940. Completion of works and services941. Provision of park land

941.1 Disposition of regional parks and trails


942. Repealed943. Bylaws adopted after application for subdivision submitted944. Parcel frontage on highway945. Highway provision and widening946. Subdivision to provide residence for a relative

Part 26: Division 12 – Contaminated Sites946.1 Assessment of site profiles946.2 Environmental Management Act requirements must be met946.3 Repealed

PART 27 – HERITAGE CONSERVATION

Part 27: Division 1 – General947. Definitions948. Limits on the use of this Part949. Limit on compensation950. Bylaw and permit procedures951. Repealed952. Ombudsman review of local government decisions

Part 27: Division 2 – Heritage Review953. Community heritage commissions954. Community heritage register955. Heritage recognition956. Heritage inspection may be ordered957. Entry authority for a heritage inspection958. Impact assessment may be required959. Local government requests for Provincial protection

Part 27: Division 3 – Temporary Protection960. Withholding of approvals961. Withholding of demolition permits until other approvals issued962. Orders for temporary protection963. Temporary protection by introduction of a continuing protection bylaw


964. Heritage control periods for temporary protection965. Temporary protection

Part 27: Division 4 – Continuing Protection966. Heritage revitalization agreements967. Heritage designation protection968. Heritage designation procedure969. Compensation for heritage designation970. Heritage site maintenance standards

970.1 Designation of heritage conservation areas971. Heritage conservation areas

Part 27: Division 5 – Heritage Alteration Permits972. Heritage alteration permits973. Requirements and conditions in a heritage alteration permit

Part 27: Division 6 – Notices under this Part974. Giving notice to owners and occupiers975. Posting notice on protected heritage property976. Notice on land titles977. Notice to minister responsible for the Heritage Conservation Act978. Regulations regarding notices

Part 27: Division 7 – Remedies and Offences979. Civil remedies in relation to heritage property980. Notice of contravention may be filed in land title office981. Offences and penalties

PART 28 – REPLOTTING SCHEMES

Part 28: Division 1 – Interpretation982. Definitions983. Application of Part

Part 28: Division 2 – Preparation and Initiation of Scheme


984. Preliminary definition of district985. Information included in scheme986. General principles of replotting987. Reallotment of parcels988. Municipality may acquire charges989. Notice requirements for initiation of a scheme



990. General consent of owners to scheme991. Consents binding on owners once given992. Alterations to scheme may require new consents993. Initiation of scheme by registration of resolution994. Effect of initiation995. Resolution to complete or discontinue scheme

Part 28: Division 3 – Implementation and Completion of Scheme996. Registration of common mass997. Effect of deposit of reference plan998. Registration for owners of new parcels999. Rights of ownership and charges transferred

Part 28: Division 4 – Complaints Regarding Compensation


1000. Allotments binding, although owners may complain regarding compensation1001. Compensation for loss and damage1002. Appointment of commissioner1003. Replacement of commissioner1004. Notice to owners who do not consent1005. Time and place to hear complaints


1006. Hearing by commissioner1007. Commissioner’s powers and report1008. Appeal to Supreme Court1009. Payment of compensation

Part 28: Division 5 – General1010. Removal of buildings1011. Accounts and apportionment1012. Former highways to be maintained1013. Limitation of claims1014. Disposal of municipal parcels1015. Taxation during proceedings1016. List of owners must be provided to municipality1017. Land title fees1018. Questions may be referred to Supreme Court

PART 29 – INSPECTOR OF MUNICIPALITIES1019. Inspector of municipalities1020. Official seal and documents1021. Inquiries into local government matters1022. Certificate of approval for money bylaws


1023. Inquiry into application for certificate1024. Appeal from inspector's decisions in relation to borrowing1025. Certificate conclusive of validity

1025.1 Appeal to minister if unable to reach agreement on construction of drains

PART 30 – ADMINISTRATIVE COMMISSIONER

-- Sections 1026 - 1030 of Part 30 --

1026. Definitions1027. Appointment of administrative commissioner1028. Substitution of commissioner1029. Acting commissioner1030. Powers transferred to commissioner

-- Sections 1031 - 1040 of Part 30 --

1031. Power of commissioner to make bylaws1032. Powers of commissioner to borrow1033. Taxes for sinking fund1034. Parcel tax rolls1035. Limits on complaints against assessment1036. Differences between commissioner and school board1037. Reports to minister1038. Election after commissioner appointed1039. Restriction on legal proceedings1040. Power to make regulations


#323 LOCAL GOVERNMENT ACT

PART 1 – PURPOSES AND PRINCIPLES

Purposes of this Act1. The purposes of this Act are

(a) to provide a legal framework and foundation for the establishment andcontinuation of local governments to represent the interests and respond to theneeds of their communities,

(b) to provide local governments with the powers, duties and functions necessary forfulfilling their purposes, and

(c) to provide local governments with the flexibility to respond to the different needsand changing circumstances of their communities.

2003-52-162.

Purposes of regional districts2. Recognizing that regional districts are an independent, responsible and accountable

order of government within their jurisdiction, the purposes of a regional district include(a) providing good government for its community,(b) providing the services and other things that the board considers are necessary

or desirable for all or part of its community,(c) providing for stewardship of the public assets of its community, and(d) fostering the current and future economic, social and environmental well-being of

its community.2003-52-162.

Principles for governmental relations3. The relationship between regional districts and the Provincial government in relation to

this Act is based on the following principles(a) cooperative relations between the Provincial government and regional districts

are to be fostered in order to efficiently and effectively meet the needs of thecitizens of British Columbia;

(b) regional districts need the powers that allow them to draw on the resourcesrequired to fulfill their responsibilities;

(c) notice and consultation is needed for Provincial government actions that directlyaffect regional district interests;

(d) the Provincial government recognizes that different regional districts and theircommunities have different needs and circumstances and so may requiredifferent approaches;

(e) the independence of regional districts is balanced by the responsibility of theProvincial government to consider the interests of the citizens of BritishColumbia generally.

2003-52-162.

Broad interpretation4. (1.) The powers conferred on regional districts and their boards by or under this Act must be

interpreted broadly in accordance with the purposes of this Act and in accordance with



regional district purposes.(2.) If

(a) an enactment confers a specific power on a regional district or board in relationto a matter, and

(b) the specific power can be read as coming within a general power conferred by orunder this Act,

the general power must not be interpreted as being limited by that specific power, butthat aspect of the general power that encompasses the specific power may only beexercised subject to any conditions and restrictions established in relation to the specificpower.

2003-52-162.

Definitions5. In this Act:

"alternative approval process" means, in relation to a regional district, approval of the electorsobtained in accordance with section 86 [alternative approval process] of the Community Charteras that section applies under section 797.5 [approval of the electors] of this Act;

"approval of the electors" means, in relation to a regional district, approval in accordance withsection 797.5 [approval of the electors];

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

"assent of the electors" means, in relation to a regional district, assent of the electors inaccordance with section 85 [assent of the electors] of the Community Charter as it applies undersection 797.5 [approval of the electors] of this Act;

"assessment roll" means, in relation to a tax under Part 23 [Improvement Districts], anassessment roll under Division 3 [Taxes and Cost Recovery] of that Part;

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

"board committee" means(a) a select committee of a board,(b) a standing committee of a board, or(c) any other body established by a board that is composed solely of board

members;

"building inspector" means, in relation to a regional district, an individual designated by theboard as a building inspector for the regional district;

"chair" means the chair of a board who is elected under section 792 [chair and vice chair ofboard];

"conservation" includes, in relation to heritage, any activity undertaken to protect, preserve orenhance the heritage value or heritage character of heritage property or an area;



"corporate officer" means,(a) in relation to a regional district, the regional district officer assigned responsibility

under section 198 [corporate administration], and(b) in relation to the City of Vancouver, the City Clerk under section 220 of the

Vancouver Charter;

"designated local government officer" means the designated municipal officer or designatedregional district officer, as applicable;

"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

corporate officer;

"director" means, in relation to a regional district, a member of the board, whether as amunicipal director under section 784 [municipal directors] or as an electoral area director undersection 785 [electoral area directors];

"district municipality" includes a township;

"elector" means a resident elector or non-resident property elector of a municipality or regionaldistrict electoral area;

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

"electoral area director" means a director for an electoral area who is elected or appointedunder section 785 [electoral area directors] from an electoral area;

"electoral participating area" means an area that is in a service area and that is all or part ofan electoral area;

"establishing bylaw" means an establishing bylaw, under section 800 [establishing bylawsrequired for most services], for a regional district service;

"financial officer" means(a) in relation to a regional district, the regional district officer assigned responsibility

under section 199 [financial administration], and(b) in relation to the City of Vancouver, the City Treasurer under section 226 of the

Vancouver Charter;

"francophone education authority" means a francophone education authority as defined inthe School Act;

"general bylaw" means, in relation to a regional district, a bylaw referred to in section 138 [municipal codes and other general bylaws] of the Community Charter as it applies under



section 794 (5) [procedure, bylaws and enforcement] of this Act;

"general local election" means the elections referred to in section 36 (1) [elections for councilmembers and electoral area directors];

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

or the Community Charter in relation to the property, has sufficient heritage valueor heritage character to justify its conservation, or

(b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, scientific or educational worth orusefulness of property or an area;

"improvement district" means an improvement district, including a mountain resortimprovement district, incorporated under this or any other Act;

"letters patent" includes supplementary letters patent;

"loan authorization bylaw" means, in relation to a regional district, a loan authorization bylawunder section 179 [loan authorization bylaws for long term borrowing] of the Community Charteras it applies under section 819 [application of Community Charter borrowing and liabilityprovisions] of this Act;

"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 regional district offices;

"local trust committee" means a local trust committee within the meaning of the Islands TrustAct;

"manage" , with respect to land, improvements, personal property or other property, includesconserve, use, develop, construct, improve, operate, administer and maintain, as applicable;

"mountain resort improvement district" means a mountain resort improvement districtincorporated under section 732 [incorporation of mountain resort improvement districts];

"mountain resort municipality" means a mountain resort municipality incorporated undersection 11 [incorporation of mountain resort municipality];



"municipal director" means a director for a municipality who is appointed under section 784 [municipal directors];

"municipal participating area" means an area that is in a service area and that is all or part ofa municipality;

"municipality" means, in relation to a regional district, a municipality in the regional district and,in the case of the Greater Vancouver Regional District, includes the City of Vancouver;

"non-resident property elector" means, in relation to a municipality or regional districtelectoral area, a person who, at the relevant time, meets the qualifications for registration, inrelation to the jurisdiction, as a non-resident property elector under section 51 [non-residentproperty electors];

"official community plan" means an official community plan adopted under section 876 [authority to adopt by bylaw];

"participant" means,(a) in relation to a municipal participating area, the council of the municipality, and(b) in relation to an electoral participating area, the director of the electoral area;

"participating area" means a municipal participating area or an electoral participating area, asapplicable;

"partnering agreement" means, in relation to a regional district, an agreement between theregional district and a person or public authority under which the person or public authorityagrees to provide a service on behalf of the regional district, other than a service referred to insection 800 (2) (a) and (b) [regional district general and electoral area administrative services];

"protected heritage property" means property that is(a) protected under section 13 (2) of the Heritage Conservation Act,(b) included under section 970.1 (3) (b) [designation of 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];

"regional district" means, as applicable,(a) a regional district incorporated under this Act, or(b) the geographic area of a regional district corporation referred to in paragraph (a);

"regional district offices" means the location of the regular office of the corporate officer forthe regional district;

"regional growth strategy" means a regional growth strategy under Part 25;

"regional park" means a park set aside and dedicated as a park under the Park (Regional) Actand continued under this Act or a park dedicated by a regional district under this Act;



"regional trail" means a footpath, pathway, trail or area of land dedicated as a regional trailunder the Park (Regional) Act and continued under this Act or a trail dedicated by a regionaldistrict under this Act;

"regulatory service" means, in relation to a regional district, the exercise of a regulatoryauthority conferred on a regional district by or under this or another Act, other than the exerciseof regulatory authority under Part 15 [Specific Regional District Service Powers], section 796 (4)and (5) [general authority for services] or section 796.2 [general authorities in relation toservices];

"requisition" means a requisition under section 805 [requisition of funds from municipalities] or806 [requisition of funds for electoral areas];

"reserve fund" means, in relation to a regional district, a reserve fund under Division 4 [Reserve Funds] of Part 6 of the Community Charter as it applies under section 814 [generalaccounting rules] of this Act;

"resident elector" means, in relation to a municipality or regional district electoral area, aperson who, at the relevant time, meets the qualifications for registration, in relation to thejurisdiction, as a resident elector under section 50 [resident electors];

"rural land use bylaw" means a bylaw referred to in section 873.1 [rural land use bylaws];

"security issuing bylaw" means a security issuing bylaw under section 825 [security issuingbylaws];

"service" means, in relation to a regional district,(a) an activity, work or facility undertaken or provided by or on behalf of the regional

district and the exercise of regulatory authority under Part 15 [Specific RegionalDistrict Service Powers], section 796 (4) and (5) [general authority for services]or section 796.2 [general authorities in relation to services] in relation to such anactivity, work or facility, and

(b) a regulatory service;

"service area" means, in relation to a regional district, the area in which a service is provided,being comprised of the participating areas for the service;

"subdivision servicing bylaw" means a bylaw under section 938 [subdivision servicingrequirements];

"trust council" means the trust council within the meaning of the Islands Trust Act;

"vice chair" means the vice chair of a board who is elected under section 792 [chair and vicechair of board];

"zoning bylaw" means a bylaw under section 903 [zoning bylaws].



2003-52-163.

Application of Community Charter definitions5.1 Unless a term is otherwise defined in this Act or a contrary intention appears in this Act,

the definitions in the Community Charter apply to this Act.2003-52-163.

Repealed6. Repealed. [1999-6-23]

References to regional district officers6.1 Words in an enactment referring to a regional district officer, by name of office or

otherwise, also apply to(a) the officer's deputy, and(b) any person designated by the board to act in the officer's place.

2003-52-163.

Special rule for Mountain Time Zone6.2 In those areas of British Columbia in which Mountain Standard Time or Mountain

Daylight Time is customarily used, section 25 (7) [calculation of time] of the InterpretationAct does not apply and instead a reference to a specified time of the day is a referenceto Mountain Standard Time or Mountain Daylight Time, as applicable.

2003-52-163.

Repealed6.3 Repealed. [2000-7-3]

How notices must be published in a newspaper6.4 If this Act requires that notice be given by publication in a newspaper, the notice must be

published in accordance with section 94 (1) (b) [requirements for public notice] of the Community Charter.

2003-52-163.

Giving notice to regional districts6.5 If an enactment requires or permits

(a) notice to be given to a board or a regional district,(b) a document to be served on a board or a regional district,(c) a document to be filed with a board or a regional district, or(d) a document to be delivered, sent, submitted or otherwise provided to a board or

a regional district,the notice, service, filing or other provision is effected if the notice or document is, asapplicable, given to, served on, filed with or otherwise provided to the regional districtcorporate officer.

2003-52-163.



Power to make regulations6.6 (1.) The Lieutenant Governor in Council may make regulations referred to in section 41

[powers to make regulations] of the Interpretation Act.(2.) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations respecting any matter for which regulations of the Lieutenant Governor inCouncil are contemplated by this Act.

(3.) In addition to any other variation authority that is specifically provided, a regulation thatmay be made by the Lieutenant Governor in Council or a minister under any provision ofthis Act, or of the Community Charter as it is made applicable under this Act, may(a) establish different classes of bylaws, municipalities, regional districts, other

bodies governed by this Act, persons, property, circumstances and othermatters,

(b) make different provisions, including exceptions, for different classes referred toin paragraph (a), and

(c) make different provisions, including exceptions, for different bylaws, differentmunicipalities, different regional districts, different bodies governed by this Act,different parts of municipalities or regional districts, different areas or differentparts of areas of other bodies governed by this Act and different circumstancesand other matters.

2003-52-163.



PART 1.1



PART 2 – INCORPORATION OF MUNICIPALITIES


Incorporation of a new municipality7. (1.) On the recommendation of the minister under subsection (2), the Lieutenant Governor in

Council may, by letters patent, incorporate the residents of an area into a newmunicipality.

(2.) The minister may recommend incorporation of a new municipality to the LieutenantGovernor in Council if,(a) in the case of an area for which a vote was taken under section 8 (3) (a), more

than 50% of the votes counted as valid favour the proposed incorporation,(a.1) in the case of an area to which section 279 [no forced amalgamations] of the

Community Charter applies, the requirements of that section have been met, or(b) in the case of an area for which a vote was taken under section 8 (3) (b),

(i) more than 50% of the votes counted as valid favour a change in localgovernment, and

(ii) more than 50% of the votes counted as valid favour the proposedincorporation if a change in local government were made.

(3.) If an existing municipality or improvement district is located inside a new municipalityincorporated under subsection (1), the Lieutenant Governor in Council must dissolve theexisting municipality or improvement district by repealing its letters patent.

RS1979-290-8; 1993-54-3; 2003-52-164.

Vote required for the incorporation of a new municipality

8. (1.) The minister must not recommend the incorporation of a new municipality to theLieutenant Governor in Council unless a vote of the persons proposed to be incorporatedhas been taken under this section.

(1.1) If section 279 [no forced amalgamations] of the Community Charter applies, the voteunder this section must be conducted separately in each of the existing municipalities.

(2.) In any of the following circumstances, the minister may direct that a vote be taken ofpersons in an area specified by the minister respecting the proposed incorporation ofthose persons into a new municipality:(a) on the request of the council of a municipality all or part of which is in the area;(b) on the request of the board of trustees of an improvement district all or part of

which is in the area;(c) on the request of 2 or more residents of any part of the area that is not in a

municipality;(d) on the minister’s own initiative, if the minister is of the opinion that those persons

should, in the public interest,(i) be incorporated into a new municipality, or(ii) either be incorporated into a new municipality or be included in an

existing municipality.



(3.) A vote under this section must determine the opinion of the eligible voters(a) as to whether they favour the proposed new incorporation, or(b) as to

(i) whether they favour a change in local government for the area, either bythe proposed new incorporation or by inclusion in a specified existingmunicipality, and

(ii) if a change in local government were made, whether they would favourthe proposed new incorporation or inclusion in a specified existingmunicipality.

(4.) A vote under subsection (3) (b) must be by 2 questions as follows:(a) the first question must ask whether the voter favours a change in local

government for the area, either by the proposed new incorporation or byinclusion in a specified existing municipality;

(b) the second question must ask whether the voter favours, if a change in localgovernment were made, the proposed new incorporation or inclusion in thespecified existing municipality.

(5.) As an exception to the requirement that the question to be voted on be in a form that avoter may indicate assent or dissent, a question under subsection (4) (b) must be in aform that a voter may indicate a preference.

(6.) As a limit on the authority of the minister under this section, a vote under this sectionmust not be held in a local community under section 838 until 5 years after the later ofthe following:(a) the date that the local community was established;(b) the date that the latest vote under this section was taken in the local community.

RS1979-290-6; 1993-54-3; 2003-52-165.

Procedure and costs for vote on incorporation

9. (1.) Part 4 applies to a vote under this Part so far as reasonably possible and, for thesepurposes, the minister may make orders in relation to any matters dealt with in that Part.

(2.) The costs of a vote under this Part must be paid as follows:(a) if a new municipality is incorporated under section 7 following the vote, the costs

of the vote are to be paid by the new municipality;(b) if a new municipality is not incorporated and the vote was requested under

section 8 (2) (a) by an existing municipality, the costs of the vote are to be paidby that municipality;

(c) in other cases, the costs of the vote are to be paid by the Minister of Finance outof the consolidated revenue fund.

RS1979-290-7; 1993-54-3; 2003-54-27.

Incorporation of municipality in conjunction with resource development

10. (1.) The Lieutenant Governor in Council may, by letters patent, incorporate the residents of arural area into a municipality without holding a vote under this Part if the LieutenantGovernor in Council is of the opinion that it is in the public interest to establish themunicipality in conjunction with the development of a natural resource.

(2.) Letters patent under this section may



(a) include exceptions from statutory provisions,(b) specify the effective period or time for an exception, and(c) provide for restriction, modification or cancellation by the Lieutenant Governor in

Council of an exception or its effective period.(3.) For a municipality incorporated under this section, on the recommendation of the

minister, the Lieutenant Governor in Council may, by supplementary letters patent,provide for further exceptions and conditions.

(4.) Repealed. [1999-37-7](5.) The council of a municipality incorporated under this section may provide housing for

employees of the municipality and may incur liabilities for it, subject to the limit that anobligation incurred for this purpose must not have a term of more than 5 years.

(6.) If a municipality is or has been established under this section, the Surveyor Generalmust,(a) as soon as practicable, establish sufficient coordinate control monuments to

enable the area, or a portion of it, to be constituted an integrated survey areaunder the Land Survey Act, and

(b) on completion of the required survey, constitute the area or portion as anintegrated survey area under the Land Survey Act.

(7.) After the survey required by subsection (6), the municipality is responsible for theprotection and maintenance of the coordinate control monuments.

RS1979-290-9; 1993-54-3; 1997-25-47(b); 1999-37-7.

Incorporation of a mountain resort municipality

11. (1.) If a vote under section 8 is in favour of incorporation, the minister may recommend to theLieutenant Governor in Council incorporation of a municipality as a mountain resortmunicipality.

(2.) Despite section 8, in the case of an area that is a mountain resort improvement district,the minister may recommend incorporation of a new mountain resort municipality to theLieutenant Governor in Council, in accordance with the letters patent of the improvementdistrict.

(3.) On the recommendation of the minister under subsection (1) or (2), the LieutenantGovernor in Council may, by letters patent, incorporate the residents of an area into amountain resort municipality.

(4.) If an existing improvement district is located in a municipality incorporated undersubsection (3), the Lieutenant Governor in Council must dissolve the existingimprovement district by repealing its letters patent.

(5.) Section 17 applies with respect to the incorporation of a mountain resort municipalityunder this section.

RS1979-290-9.1; 1995-13-13.

Incorporation of island municipality in Islands Trust area

11.1 (1.) As an exception to section 17 (1), if the area for a new municipality is entirely within thetrust area under the Islands Trust Act, the municipality must be incorporated as an islandmunicipality under the name of the “Island Municipality of ...........” or the “............. IslandMunicipality”.



(2.) An island municipality has all the powers and duties of a district municipality, and issubject to all the requirements and limitations of a district municipality, as these areestablished by or under this or any other Act.

1997-25-48; 1998-34-3.

Incorporation of reserve residents as village

12. (1.) On the recommendation of the minister, in order to implement an agreement betweenthe Lieutenant Governor in Council and a band council with the approval of the Governorin Council, the Lieutenant Governor in Council may, by letters patent, incorporate as avillage the residents of an area of land inside a reserve as defined in the Indian Act(Canada).

(2.) The Lieutenant Governor in Council must not issue letters patent under this section until(a) the agreement of the Governor in Council and the band council is obtained, and(b) the question of incorporation has been submitted to those members of the Indian

band who are entitled to vote at the election of the band council and more than50% of those entitled to vote have voted and of those voting more than 60%have voted in the affirmative.

(3.) Letters patent under this section may(a) include exceptions from statutory provisions,(b) specify the effective period or time for an exception, and(c) provide for restriction, modification or cancellation by the Lieutenant Governor in

Council of an exception or its effective period.(4.) The letters patent or agreement referred to in subsection (1) may exempt the

municipality or owners or residents from a provision of this or another Act and mayinclude a provision considered desirable whether or not it is consistent with any Act.

(5.) Repealed. [2004-14-27]RS1979-290-10; 1993-54-4; 2004-14-27.

What must and may be included in letters patent

13. (1.) Letters patent incorporating a municipality must specify the municipality’s name,boundaries, area and class.

(2.) Letters patent incorporating a municipality may do one or more of the following:(a) set the general voting day for the first election or authorize another person to do

this;(b) appoint the chief election officer for the first election or authorize another person

or body to do this;(c) set the terms of office for first council members, if these are to be different from

the terms otherwise established by the Community Charter;(d) provide that the day, time and place of the council’s first meeting is to be set by

the chief election officer for the first election;(e) set the sum of money which may be borrowed for the municipality’s current

expenditure in its first year and, if considered expedient, for the next year;(f) set dates which may be observed initially, and once only, in place of statutory

dates;(g) provide for the transfer to the municipality of any asset, right, claim, obligation or



liability of a municipality dissolved on the incorporation of the new municipality;(h) provide that the bylaws of a municipality dissolved on the incorporation of the

new municipality continue in force in the area that is inside the boundaries of thedissolved municipality until amended or repealed by the council of the newmunicipality;

(i) provide that, for the purpose of preparing, completing, returning, confirming andauthenticating the assessment roll of land and improvements in the municipality,the land and improvements are deemed, for a specified period before orfollowing incorporation, or both, to be included in or excluded from themunicipality;

(j) deal with other matters and conditions, including the appointment of an interimcouncil, considered necessary or advisable by the Lieutenant Governor inCouncil.

(3.) In addition to the matters referred to in subsections (1) and (2), letters patentincorporating a mountain resort municipality may do one or more of the following:(a) provide that sections 174 (2) to (4) [limit on borrowing and other liabilities], 180

[elector approval required for some loan authorization bylaws] and 211 (1) [requirements for establishing a local area service] of the Community Charter donot apply, but that the inspector may direct that the approval of the electors orthe assent of the electors be obtained in relation to the proposed bylaw;

(b) provide that other works and services may be the subject of a charge undersection 933 (1) and (2) in addition to the facilities and land referred to in thatsection;

(c) provide(i) that an official community plan for the municipality may include

objectives and guidelines in addition to those established under section919.1 (1) (f) [form and character of commercial, industrial andmulti-family residential development], and

(ii) that section 920 (9) [restriction as to general character of development]does not apply with respect to that plan.

(3.1) In addition to the matters referred to in subsections (1) and (2), the letters patentincorporating an island municipality may do one or more of the following:(a) vary the term of office for a municipal trustee on the trust council from that

established by section 7 of the Islands Trust Act;(b) establish the process that the council of an island municipality must follow in

selecting and appointing municipal trustees to the trust council under section 7 ofthe Islands Trust Act;

(c) establish the process that the council of an island municipality must follow insubmitting bylaws for approval under section 38 of the Islands Trust Act;

(d) provide for the transfer to the island municipality of any asset, right, claim,obligation or liability of the local trust committee or trust council in relation to thearea being incorporated as the new municipality.

(4.) Any of the provisions referred to in subsection (3) may, by supplementary letters patent,be made applicable to a mountain resort area in an existing municipality if(a) the council of the municipality has requested the inclusion of the provision, and(b) the municipality has obtained the assent of the electors to the inclusion of the

provision in the letters patent.



(5.) When issuing letters patent, the Lieutenant Governor in Council may vary the boundariesof the municipality or proposed municipality from those set out in the request, or fromthose designated by the minister, to make them regular or conform with the boundariesof neighbouring municipalities, or to exclude or include an area.

(6.) Letters patent incorporating a municipality, or supplementary letters patent extending amunicipality, may define an area as a local service area for a designated service and, ifthis is done, Division 5 [Local Service Taxes] of Part 7 of the Community Charter appliesas if the service had been established as a local area service under that Division.

(7.) Repealed. [2003-52-166(c)](8.) Letters patent may provide that tax revenue from designated real property must be

shared by the municipality with another municipality on the basis set out.RS1979-290-12,13,14(3) and (6); 1993-54-5; 1995-13-14; 1997-25-49; 1998-34-4; 1999-37-8; 2000-7-7; 2003-52-166.

Exceptions for industrial plants14. (1.) If the minister believes that an industrial plant in an existing or proposed municipality

does or will not, because of size or location, receive benefit from a work or service, theletters patent may describe the land where the plant is located and the work or service.

(2.) If letters patent include a provision under subsection (1),(a) from the date specified, the full cost of the work or service is to be charged

against the remaining area of the municipality as if it were a local service areaunder Division 5 [Local Service Taxes] of Part 7 of the Community Charter, and

(b) the owner of the plant must provide the work or service, if required for theowner’s use, at the owner’s own expense.

(3.) If subsections (1) and (2) apply to a municipality, the letters patent may provide for areduction in the maximum rate permitted under the Community Charter for any municipaltax.

(4.) A provision made in letters patent under subsections (1) or (3) may be limited to a periodof time.

(5.) In the case of an industrial plant referred to in subsection (1), the letters patent mayprovide that no bylaw or other regulation of the council operates to restrict theconstruction, maintenance or operation of the industrial plant on the land described.

RS1979-290-14(1), (2), (4), (5); 2003-52-167.


Publication of letters patent15. (1.) On the issue of letters patent under this Act by the Lieutenant Governor in Council,

(a) the minister must publish a notice in the Gazette in the form prescribed undersubsection (2), and

(b) the municipal council, regional district board or improvement district trustees, asapplicable, must publish in a newspaper(i) a copy of the letters patent, or(ii) a synopsis that states where the letters patent may be examined and, if

a boundary description is set out in the synopsis, where a map of theboundary description may be viewed.

(2.) The Lieutenant Governor in Council may make regulations prescribing the form of notice



under subsection (1) (a).1997-25-50.


Classification of municipalities17. (1.) A municipality must be incorporated as follows:

(a) as a village, if the population is not greater than 2 500;(b) as a town, if the population is greater than 2 500 but not greater than 5 000;(c) as a city, if the population is greater than 5 000;(d) despite paragraphs (a) to (c), as a district municipality if the area to be

incorporated is greater than 800 hectares and has an average population densityof less than 5 persons per hectare.

(2.) For the purpose of calculating the average population density, land continually coveredby water must not be taken into account.

(3.) Despite subsection (1), if the Lieutenant Governor in Council considers it to be in thepublic interest to do so, a municipality may be incorporated in another classificationprovided for in this Act.

RS1979-290-20; 1998-34-6; 2003-52-168.

Change of municipal classification18. (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 asa village, town, city or district municipality in accordance with section 17 (1) [classificationof municipalities].

(2.) A council may make a request under subsection (1) only after it has obtained theapproval of the electors in relation to the proposed change in classification.

(3.) Letters patent reincorporating a municipality may include directions on any of the mattersreferred 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 inCouncil considers appropriate.

(4.) If the minister is satisfied that, since the last census, the population of a municipality haschanged sufficiently to allow a change of classification, the minister may determine whatthe population of the municipality is deemed to be for the purposes of determining itsclassification for reincorporation.

1998-34-7; 2003-52-169.


Extension of boundaries20. (1.) On the recommendation of the minister, the Lieutenant Governor in Council may, by

supplementary letters patent, extend the area of a municipality to include land not in amunicipality.



(2.) The Lieutenant Governor in Council may specify in the supplementary letters patent that,for the purpose of preparing, completing, returning, confirming and authenticating theassessment roll of land and improvements in the extended municipality, the land andimprovements included by the extension are deemed, for a specified period before orafter the extension, or both, to be included in or excluded from the municipality.

(3.) Before making a recommendation referred to in subsection (1), the minister must(a) notify the council of the proposed recommendation, or(b) have received from the council a request for the extension.

(4.) In either case referred to in subsection (3), the council must give public notice of theextension in at least 2 consecutive issues of a newspaper and once in the Gazette.

(5.) A council(a) may submit the question of the proposed extension to the electors of the

municipality for assent, and(b) must submit the question of the proposed extension to the electors of the

municipality for assent if at least 10% of those electors request this within 30days of the last publication of the notice under subsection (4).

(6.) The minister may direct that a vote on the question of including an area in a municipalityunder this section be taken in that area in the form specified by the minister and, forthese purposes, section 9 applies.

RS1979-290-22; 1993-54-7; 1994-52-45.

Redefinition of boundaries21. (1.) The Lieutenant Governor in Council may, by supplementary letters patent, redefine or

alter the boundaries of a municipality if it appears to the satisfaction of the LieutenantGovernor in Council that any of the following circumstances apply:(a) the boundaries are uncertain;(b) the boundaries do not follow legal property boundaries;(c) the boundaries do not conform to those of an adjacent municipality;(d) the whole or part of a highway on or adjacent to the boundary should be

included or excluded;(e) the whole or part of adjoining foreshore and any area below low water mark

should be included or excluded;(f) the whole or part of the adjoining foreshore along a river, stream or lake, or the

foreshore and land covered by water, should be included or excluded;(g) land adjacent to and owned by the municipality should be included.

(2.) Before exercising the powers of subsection (1), the Lieutenant Governor in Council maydirect that a notice of intention to redefine or alter the boundaries of a municipality begiven at municipal expense once in the Gazette and once in a newspaper.

RS1979-290-23; 1994-52-46.

Collection of taxes22. (1.) If land is included in a municipality under section 13 (5), 20 or 21, all unpaid taxes

previously imposed by the Provincial government or by another municipality on that landare taxes of the municipality in which the land is included, and that municipality mayexercise all remedies under this Act and the Community Charter for the collection ofthose taxes.

(2.) The municipality in which the land referred to in subsection (1) is included,



(a) for unpaid taxes previously imposed by the Provincial government, must pay theamount of those taxes to the Surveyor of Taxes by January 1 in the yearfollowing the year in which the land is included in the municipality, and

(b) for unpaid taxes previously imposed by another municipality,(i) may pay the amount of those taxes to the other municipality before they

are collected, or(ii) if the amount of those taxes is not paid under subparagraph (i), must pay

that amount to the other municipality as they are collected.(3.) If land shown on the records of a land title office as a single parcel of land lies partly

inside and partly outside a municipality and is, under section 13 (5), 20 or 21, whollyincluded in a municipality, the taxes then unpaid on any part of the land are a charge asunpaid taxes on the whole land.

RS1979-290-24; 1989-33-1; 2003-52-171.

Transfer of Provincial tax money if rural land included in municipality23. (1.) If land subject to assessment and taxation under the Taxation (Rural Area) Act is

included in a municipality, either by incorporation of the municipality or by the extensionor redefinition of its boundaries, the Minister of Finance may pay from the consolidatedrevenue fund to the municipality an amount equal to(a) the current year’s taxes levied under Part 2 of the Taxation (Rural Area) Act, if

the date of the letters patent defining or redefining the municipal boundaries iseffective before July 1, or

(b) one half of that amount, if that date is after June 30 in any year.(2.) The amount may include taxes levied on the land and improvements under any Act and

due to the Provincial government.(3.) The taxes when collected by the municipality are municipal revenue.(4.) An amount to be paid under this section must be paid in January following the year in

which the taxes are levied or at another time considered appropriate by the Minister ofFinance.

RS1979-290-25; 2003-54-27.

Bylaws extend to additional area24. (1.) The bylaws and resolutions of the municipality to which an addition is made extend to the

additional area, and continue in force until altered or repealed by the council.(2.) Despite subsection (1) but subject to section 782 (4.1), if a municipality is incorporated or

the area of a municipality is extended, a provision of a bylaw adopted by a regionaldistrict or a local trust committee under the Islands Trust Act that applies to the areacontinues in force as if it were a bylaw of the municipality until it is amended or repealedby the council.

RS1979-290-31; 1983-20-37; 1989-59-3; 1989-68-56; 1997-25-51.





Reduction of municipal area26. (1.) On the request of the council made in accordance with this section, the Lieutenant

Governor in Council may, by supplementary letters patent, reduce the area of amunicipality.

(2.) Before making a request for reduction, a council must(a) give public notice of its proposed request in at least 2 consecutive issues of a

newspaper and once in the Gazette,(b) obtain the consent in writing of at least 60% of the electors of the area proposed

to be excluded, and(c) receive the assent of the electors, unless this requirement is waived under

subsection (4).(3.) A request for reduction must include the following:

(a) a description of the area proposed to be excluded;(b) a description of the municipality’s new boundaries;(c) a reasonable estimate of the number of electors in the area to be excluded;(d) a statement indicating that the required public notice has been given and an

affidavit of the designated municipal officer attesting to that publication;(e) the name, address, signature of consent and date of signature of at least 60% of

the electors of the area proposed to be excluded;(f) an affidavit of the designated municipal officer attesting to the number of electors

entitled to sign under paragraph (e);(g) an affidavit of one or more persons attesting to the authenticity of the electors’

signatures under paragraph (e);(h) the result of the vote required by subsection (2) (c), unless this requirement is

waived under subsection (4);(i) the assessed value for municipal purposes of the taxable land and

improvements in the proposed reduced municipality;(j) evidence satisfactory to the Lieutenant Governor in Council that all creditors of

the municipality consent to the proposed reduction or that provision has beenmade to discharge the debt owing to the creditors whose consent is notobtained;

(k) a statement under oath by the mayor, jointly with the corporate officer and thefinancial officer, showing the existing liabilities of the municipality and any otherinformation the Lieutenant Governor in Council may require;

(l) other matters that the Lieutenant Governor in Council may prescribe byregulation.

(4.) The minister may waive the requirements of subsections (2) (c) and (3) (h).(5.) The Lieutenant Governor in Council may, by supplementary letters patent, reduce the

area of a municipality without a request from the council if the area excluded is includedin a municipality incorporated under section 12.

(6.) When an area is excluded from a municipality under this section, the excluded areabecomes a rural area.

RS1979-290-26; 1993-54-8; 1994-52-47; 1998-34-8; 2003-52-173.

Redefinition of adjoining municipalities27. (1.) After receiving a request from the council of each of 2 adjoining municipalities, the

Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of



one municipality and extend the area of the other by the area withdrawn.(2.) Section 20 applies to the municipality whose area is extended and section 26 applies to

the municipality whose area is reduced.RS1979-290-29; 1993-54-9.

Conditions on extension or reduction28. If the area of a municipality is extended or reduced, the Lieutenant Governor in Council

may, by the letters patent extending or reducing the area, impose on the municipalityconditions that may be considered proper.

RS1979-290-30.

Disincorporation of a municipality29. (1.) On receiving a request signed by a majority of the electors of the municipality, the

Lieutenant Governor in Council may, by order published in the Gazette, set aside theletters patent incorporating the municipality and disincorporate the municipality.

(2.) A municipality must not be disincorporated until the Lieutenant Governor in Council issatisfied that payment and discharge of all debts and obligations of the municipality isprovided for.

(3.) On disincorporation of a municipality, all its property vests in the Provincial government,and all taxes imposed by the municipality remaining unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition.

(4.) In the case of a municipality that is disincorporated at a date before taxes are imposedfor the calendar year in which the disincorporation takes effect, all property inside theboundaries of the disincorporated municipality is liable to assessment, taxation, levy andcollection of taxes for all purposes in that year under the Taxation (Rural Area) Act andthe School Act, as if the property were liable to assessment in the preceding year.

RS1979-290-32.

Dissolution of improvement district30. The Lieutenant Governor in Council may

(a) dissolve an improvement district wholly or partly in a municipality,(b) transfer to the municipality any or all of the assets, rights, claims and obligations

of the district on conditions that may be considered advisable, and(c) specify that the bylaws of the improvement district continue in force in the part of

the improvement district that is inside the municipality until amended or repealedby the council.

RS1979-290-33; 1983-20-38.

Rights and liabilities not affected by surrender or revocation of letters patent

31. If letters patent are surrendered or revoked and others issued under this Act,(a) the surrender, revocation or issue does not bar or discharge a right, claim or

demand of or against the municipality, or a pending action or proceeding, andthe municipality remains as liable and has the same rights and interest as if theletters patent surrendered or revoked were valid and not surrendered orrevoked,

(b) the municipality is deemed to have been a corporation from the date of the



letters patent originally incorporating it, and(c) a registration in a land title office in the name of the municipality is a registration

in the name of the municipality under the new letters patent or supplementaryletters patent.

RS1979-290-17.

Existing licences preserved32. (1.) A Provincial or municipal licence that

(a) was issued in any locality that has been(i) incorporated as a municipality or disincorporated,(ii) added to or severed from an existing municipality, or(iii) united with another municipality in a new municipality, and

(b) was in force immediately before the changeis valid until its expiration, subject to the provisions of any Act or a bylaw or regulation ofthe municipality affected.

(2.) On expiration, the reissue or renewal of a licence is governed by the statutory provisionsor the appropriate municipal bylaw and regulation.

RS1979-290-34.



PART 3 – ELECTORS AND ELECTIONS

Part 3: Division 1 – Interpretation

Definitions33. In this Part:

"additional advance voting opportunity" means a voting opportunity under section 98;

"additional general voting opportunity" means a voting opportunity under section 96;

"advance voting opportunity" means a required advance voting opportunity or an additionaladvance voting opportunity;

"candidate" means(a) a person who is declared to be a candidate under section 74 [declaration of

candidates], and(b) for the purposes of Division 8 [Campaign Financing], includes a person who

accepts campaign contributions or incurs election expenses with the intention of(i) becoming a candidate in an election, or(ii) seeking the endorsement of an elector organization for an election;

"candidate representative" means an official agent or a scrutineer appointed under section 81;

"chief election officer" means the election official appointed under section 41 (1);

"election" means an election for the number of persons required to fill a local governmentoffice;

"election official" means a person appointed under section 41;

"election proceedings" means nomination, voting or counting proceedings under this Part;

"elector organization" means an organization that endorses a candidate under section 79;

"endorse" means, in relation to an elector organization, endorsement under section 79 [ballotshowing candidate endorsement by elector organization];

"financial agent" means a financial agent under section 85 of a candidate or electororganization within the meaning of Division 8 of this Part;

"general voting" means voting proceedings at required general voting opportunities andadditional general voting opportunities and, if applicable, those proceedings as adjourned undersection 47;



"general voting day" means the day referred to in section 36 (2) or set under section 37 (5), 38(1) or (3) or 142 (5);

"judicial recount" means a judicial recount under Division 14 of this Part;

"jurisdiction" means, in relation to an election, the municipality or regional district electoralarea for which the election is held;

"neighbourhood constituency" means a neighbourhood constituency established undersection 36.1;

"nomination documents" means the documents required by section 72 (1) and (2);

"nomination period" means the period referred to in section 69 or, if applicable, as extendedby an adjournment under section 47;

"presiding election official" means, in relation to election proceedings, the chief electionofficer or the election official appointed under section 41 (3) (a) to act as presiding electionofficial for those proceedings;

"required advance voting opportunity" means a voting opportunity under section 97;

"required general voting opportunity" means a voting opportunity on general voting day at avoting place under section 95;

"residential address" includes an indication of the area in which a person lives if no otherspecific designation is reasonably available;

"solemn declaration" means a declaration on oath or by solemn affirmation in accordance withsection 45;

"special voting opportunity" means a voting opportunity under section 99;

"voting compartment" means an area described in section 113 (3);

"voting day" means the general voting day for an election, a day on which an advance votingopportunity for the election is offered or a day on which a special voting opportunity for theelection is offered;

"voting hours" means the time during which voting is permitted on a voting day;

"voting opportunity" means an opportunity referred to in section 94 for some or all electors ofa jurisdiction to vote in an election for the jurisdiction;

"voting place" means a place where voting proceedings at general voting or an advance votingopportunity are conducted.



RS1979-290-35; 1993-54-10; 1994-52-48; 1998-34-9; 1999-37-9.

Time not extended for voting days34. Section 25 (3) of the Interpretation Act, extending a time period if the time for doing an

act falls on a day when a business office is not open during regular business hours, doesnot apply to a voting day.

RS1979-290-36; 1993-54-10.

This Act prevails in relation to use of information

35. To the extent of any inconsistency or conflict with the Freedom of Information andProtection of Privacy Act, Parts 3 and 4 of this Act apply despite that Act.

RS1979-290-36.1; 1995-29-2.

Part 3: Division 2 – Arrangements for Elections

General local elections every 3 years36. (1.) Elections for the mayor and all councillors of each municipality and elections for the

electoral area directors of each regional district, to be known collectively as a generallocal election, must be held in the year 1993 and in every third year after that.

(2.) General voting day for a general local election must be the third Saturday of Novemberin the year of the election.

RS1979-290-37; 1993-54-10.

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 electedfrom the municipality at large.

(2.) A council may, by bylaw, provide that all or some of the councillors be elected on aneighbourhood constituency basis.

(3.) A bylaw under subsection (2) must establish the areas that are to be neighbourhoodconstituencies 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 inCouncil 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 neighbourhoodconstituency, and

(b) except as permitted at an additional general voting or a special votingopportunity, the electors of the neighbourhood constituency may only vote ongeneral 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 neighbourhoodconstituency 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 neighbourhoodconstituency.

1998-34-10.

By-elections37. (1.) Subject to this section, an election must be held to fill a vacancy in an elected local

government office that occurs in any of the following circumstances:(a) the person elected or appointed to the office dies before taking office;(b) the office is declared vacant on an application under section 143 [application to

court], or a candidate affected by the application renounces claim to the officeunder subsection (9) of that section;

(c) the person holding the office dies;(d) the person holding the office resigns from office;(e) the office becomes vacant under Division 7 [Disqualification] of Part 4 of the

Community Charter as it applies in relation to that office.(2.) A local government may decide that a by-election is not to be held if the vacancy occurs

after July 1 in the year of a general local election that will fill the office.(3.) In addition to the authority under subsection (2), a council may decide that a by-election

is not to be held if all the following circumstances apply:(a) the vacancy occurs after January 1 in the year of a general local election that will

fill the office;(b) the vacancy is not in an office elected on the basis of a neighbourhood

constituency;(c) the number of remaining council members is at least one greater than the

quorum for the council, as set under section 129 (1) [quorum for conductingbusiness] of the Community Charter.

(4.) As soon as reasonably possible after a vacancy occurs for which an election under thissection is to be held, the local government must appoint a chief election officer for theelection.

(5.) The chief election officer must set a general voting day for the election, which must be ona Saturday no later than 80 days after the date the chief election officer was appointed.

(6.) If the number of members of a local government is reduced to less than a quorum, theminister may either(a) order that the remaining members of the local government constitute a quorum

until persons are elected and take office to fill the vacancies, or(b) appoint qualified persons to fill the vacancies until persons are elected and take

office to fill them.(7.) A person elected in a by-election holds office until the end of the term of the office in

respect of which the election was held.RS1979-290-38; 1993-54-10; 1998-34-11; 1999-37-10; 2003-52-174.

Minister’s order for election to be conducted



38. (1.) If an election is not held or a vacant office is not otherwise filled as required by or underthis Act, the minister may(a) set a general voting day for the election, appoint a chief election officer and

otherwise arrange for the election to be conducted, or(b) order the designated local government officer to arrange for the election to be

conducted.(2.) If considered necessary in relation to an election under subsection (1), the minister may

make orders to provide for the conduct of the election and for the governing of themunicipality or regional district until the candidates elected in that election take office,including orders that provide for exceptions to provisions of this Act and regulations orbylaws under this Act.

(3.) The general voting day for an election under this section must be on a Saturday set bythe minister or by the chief election officer in accordance with the directions of theminister.

RS1979-290-39; 1993-54-10; 1998-34-12.

Election bylaws39. (1.) Unless otherwise provided, in order for a bylaw under

(a) this Part,(b) section 551 [regulation of signs and advertising], or(c) section 8 (4) [fundamental powers - signs and advertising] of the Community

Charterto apply in relation to a general local election, the bylaw must be adopted at least 8weeks before the first day of the nomination period of the general local election.

(2.) Unless otherwise provided, in order for a bylaw referred to in subsection (1) to apply inrelation to an election under section 37, the bylaw must be adopted at least 6 weeksbefore the first day of the nomination period for the election.

RS1979-290-40; 1993-54-10; 1999-37-11; 2003-52-175.

Costs of elections40. (1.) The costs of an election, including the costs of registration of electors for the election,

are the responsibility of the municipality or regional district for which the election is heldunless otherwise agreed.

(2.) The costs of an election may be shared under an agreement between the localgovernment and another local government, the council of the City of Vancouver or aboard of school trustees for the conduct of the election by one party for the other or inconjunction with an election of the other.

(3.) A local government that is a party to an agreement under subsection (2) may, by bylaw,provide that the bylaws of the other party respecting elections apply to electionsconducted under the agreement.

(4.) An agreement referred to in subsection (2) may provide for a party to conduct only someof the election proceedings for or in conjunction with the other party.

(5.) An election to which an agreement referred to in subsection (4) applies is valid despitethe agreement and any bylaws in relation to it having the effect of creating differences inelection proceedings between different parts of the jurisdiction for which an election isheld.

(6.) Without limiting subsection (4), an agreement referred to in that subsection may allow a



local government to restrict the persons who may vote at the election proceedingsconducted under the agreement to persons who are entitled to be registered as electorsin relation to a specified part of the jurisdiction for which the election is held.

(7.) If a restriction under subsection (6) applies, on any day on which an advance votingopportunity conducted under the agreement is open to electors of only part of thejurisdiction, an advance voting opportunity must be open to all electors of the jurisdictionon the same day.

(8.) So long as any required advance voting opportunities are provided, no bylaw isnecessary for an advance voting opportunity required by subsection (7), and the votingopportunity may be held at the place and for the voting hours established by the chiefelection officer.

(9.) The chief election officer must give notice of a voting opportunity to which subsection (8)applies in any manner the chief election officer considers appropriate, including in thenotice the date, place and voting hours for the voting opportunity.

RS1979-290-41; 1993-54-10; 1994-52-49; 1998-34-13.

Appointment of election officials41. (1.) For the purposes of conducting an election, the local government must appoint a chief

election officer and a deputy chief election officer.(2.) The chief election officer must appoint election officials required for the administration

and conduct of the election.(3.) Without limiting the generality of subsection (2), the chief election officer must appoint

the following:(a) presiding election officials for election proceedings where the chief election

officer is not acting as presiding election official;(b) election officials to act as alternate presiding election officials for election

proceedings;(c) election officials required to assist the presiding election official at election

proceedings.(4.) The chief election officer may delegate the authority under subsection (3) (c) to the

presiding election official for the election proceedings.(5.) The chief election officer may appoint peace officers as election officials to assist

presiding election officials in fulfilling their duty to maintain peace and order at theelection proceedings for which they are responsible.

(6.) If an election official is absent or unable to act, a person appointed under this section asdeputy or alternate for the official must perform the duties and has the powers of theofficial.

(7.) A candidate, candidate representative or financial agent may not be appointed as anelection official.

(8.) Before assuming duties, an election official must make a solemn declaration that theperson(a) will faithfully and impartially fulfill the duties of the position to which the election

official is appointed,(b) has not received and will not accept any inducement to perform the duties of the

position otherwise than impartially and in accordance with this Act or tootherwise subvert the election,

(c) will preserve the secrecy of the ballot in accordance with section 113, and



(d) is not and will not become a candidate, candidate representative or financialagent while holding the position of an election official.

RS1979-290-42; 1993-54-10.

Chief election officer duties and powers42. (1.) In addition to all other duties established by this Part, the chief election officer must do

the following:(a) ensure that a sufficient number of ballots are prepared for an election by voting;(b) ensure that each voting place is supplied with sufficient numbers of ballots, ballot

boxes and voting books and has an area that may be used as a votingcompartment;

(c) take all reasonable precautions to ensure that a person does not vote more thanonce in an election;

(d) do all other things necessary for the conduct of an election in accordance withthis Part and any regulations and bylaws under this Part.

(2.) In addition to all other powers given by this Part, the chief election officer may do one ormore of the following:(a) exercise any power conferred on a presiding election official in relation to the

election proceedings for which the presiding election official is responsible;(b) take solemn declarations where these are required by this Part;(c) as an exception to the restrictions on where an elector may vote when municipal

voting divisions are established, authorize an election official to vote at the votingplace at which the official is working;

(d) delegate the chief election officer’s duties and powers to other election officials,subject to any restrictions or conditions specified by the chief election officer;

(e) apply to the minister for an order under section 155.RS1979-290-43; 1993-54-10.

Presiding election official duties and powers

43. (1.) In addition to other responsibilities established by this Part, a presiding election officialfor election proceedings must(a) ensure, so far as possible, that this Part and regulations and bylaws under it are

being complied with, and(b) take all reasonable precautions to keep the ballots and ballot boxes secure from

persons not entitled to have access to them.(2.) In addition to other powers conferred by this Part, a presiding election official may

(a) take solemn declarations required by this Part in relation to the electionproceedings for which the presiding election official is responsible, and

(b) if section 153 (4) (c) or (d) is being contravened, enter on the property where thematerials that are the subject of the contravention are located and remove orcover them or otherwise obscure them from view, or authorize another person todo so.

RS1979-290-44; 1993-54-10.

Part 3: Division 3 – Election Proceedings Generally



Public notices44. (1.) If this Part requires notice to be given in accordance with this section, the notice must be

given by publication in a newspaper, and for these purposes section 6.4 [how noticesmust be published in a newspaper] applies.

(2.) Notices to which this section applies may be combined as long as the requirements of allapplicable sections are met.

2000-7-8.

Solemn declarations45. (1.) If this Part requires a solemn declaration to be made, the declaration must be

(a) made on oath or by solemn affirmation,(b) made before a commissioner for taking affidavits for British Columbia or a

person authorized by this Part to take the oath or solemn affirmation, and(c) signed by the person making the oath or solemn affirmation and by the person

before whom it is made.(2.) If a regulation under section 156 applies, the declaration must be made in a form

prescribed by the regulation.RS1979-290-46; 1993-54-10.

Keeping order at election proceedings46. (1.) A presiding election official must maintain peace and order so far as reasonably possible

at the election proceedings for which the presiding election official is responsible.(2.) For the purposes of this section, the presiding election official may do one or more of the

following:(a) restrict or regulate the number of persons admitted at any time to the place

where the proceedings are being conducted;(b) order a person to leave the place where the proceedings are being conducted

and the immediate vicinity of that place, if the circumstances referred to insubsection (3) (a) to (d) occur;

(c) order the removal of a person ordered to leave if that person does not comply;(d) require the assistance of peace officers or of persons present at the place where

the proceedings are being conducted.(3.) The presiding election official may require a person to provide identification and the

person must comply with that requirement if, in the opinion of the presiding electionofficial, that person(a) is present at a place when not permitted to be present by this Act or by a

regulation or bylaw under this Act,(b) is disturbing the peace and order of the proceedings,(c) is interfering with the conduct of the proceedings, or(d) is contravening any provision of this Part or of a regulation or bylaw under this

Part.(4.) A person ordered to leave under subsection (2) (b) must leave the place and the

immediate vicinity of the place at which the election proceedings are being conductedand must not return while these election proceedings are being conducted unlesspermitted to do so by the presiding election official.

(5.) The authority under subsection (2) must not be used to prevent an elector otherwiseentitled to vote at the place from exercising the right to vote.



RS1979-290-47; 1993-54-10; 1999-37-12.

Adjournment of election proceedings47. (1.) Election proceedings may be adjourned by the presiding election official in accordance

with this section if the presiding election official considers that the health or safety ofpersons is at risk, or that the integrity of the proceedings is at risk.

(2.) Election proceedings may be adjourned(a) temporarily to another time on the same day or another time on the same day at

another place specified by the presiding election official, or(b) to a day, time and place to be set by the chief election officer.

(3.) The presiding election official must notify the chief election officer as soon as possible ofany adjournment and must follow any directions the chief election officer considersappropriate in the circumstances.

(4.) While proceedings are adjourned, the presiding election official must make allreasonable efforts to ensure that the election materials are secured and that the integrityof the election is not compromised.

(5.) The presiding election official must give notice to persons affected by an adjournment asdirected by the chief election officer or, in the absence of direction, in any manner theofficial considers appropriate.

(6.) Proceedings that are recommenced after an adjournment must continue for such aperiod that the total time for the proceedings is the same regardless of the adjournment.

(7.) If voting proceedings are adjourned, the counting of the vote must not be started until theclose of voting at the adjourned proceedings.

RS1979-290-48; 1993-54-10.

Exceptional assistance in election proceedings

48. (1.) The provisions of this section are exceptions for allowing persons to exercise their rightsunder this Part in circumstances where they would otherwise be unable to do so.

(2.) If a person is required by this Part to sign a document and is unable to do so, thepresiding election official or an election official authorized by the presiding electionofficial may either sign on behalf of the person or have the person make his or her markand witness that mark.

(3.) If a person is required by this Part to make a solemn declaration or to provide informationto an election official and requires the assistance of a translator to do this, the presidingelection official must permit another person to act as translator so long as that personfirst makes a solemn declaration that he or she is able to make the translation and will doso to the best of his or her abilities.

(4.) The obligation to provide a translator rests with the person who is required to make thesolemn declaration or provide the information and, if that person does not provide atranslator, that person must be considered to have refused to make the solemndeclaration or provide the information.

RS1979-290-49; 1993-54-10.

Part 3: Division 4 – Electors




Who may vote at an election49. (1.) In order to vote at an election for a jurisdiction, a person

(a) must meet the requirements of section 50 (1) (a) to (e) or 51 (1) (a) to (f) at thetime of voting,

(b) must not be disqualified by this Act or any other enactment from voting in theelection or be otherwise disqualified by law, and

(c) must be registered as an elector of the jurisdiction.(2.) The following persons are disqualified from voting at an election:

(a) a person who has not completed the sentence for an indictable offence, unlessthe person is released on probation or parole and is not in custody;

(b) a person who is involuntarily confined to a psychiatric or other institution as aresult of being acquitted of or found not criminally responsible for an offenceunder the Criminal Code on account of mental disorder;

(c) a person who is prohibited from voting(i) under Division 17 of this Part as it applies to elections or voting on any

other matter under this or any other Act, or(ii) under Division 17 of Part I of the Vancouver Charter as it applies to

elections or voting on any other matter under that or any other Act;(d) a person who has contravened section 151 (3) in relation to the election.

(3.) For clarification, no corporation is entitled to be registered as an elector or have arepresentative registered as an elector and no corporation is entitled to vote.

(4.) A person must not vote at an election unless entitled to do so.RS1979-290-50; 1993-54-10; 1994-52-50.

Resident electors50. (1.) In order to be registered as a resident elector of a jurisdiction, a person must meet all the

following requirements on the day of registration:(a) the person must be an individual who is, or who will be on the general voting day

for the jurisdiction, age 18 or older;(b) the person must be a Canadian citizen;(c) the person must have been a resident of British Columbia, as determined in

accordance with section 52, for at least 6 months immediately before that day;(d) the person must have been a resident of the jurisdiction, as determined in

accordance with section 52, for at least 30 days immediately before that day;(e) the person must not be disqualified by this Act or any other enactment from

voting in an election or be otherwise disqualified by law.(2.) If a municipality is incorporated or the boundaries of a jurisdiction are extended, a person

is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 daysbefore the person applies for registration as an elector, the person has been a resident,as determined in accordance with section 52, of the area that becomes the municipalityor is included in the jurisdiction.

RS1979-290-51; 1993-54-10.

Non-resident property electors



51. (1.) In order to be registered as a non-resident property elector of a jurisdiction, a personmust meet all the following requirements on the day of registration:(a) the person must not be entitled to register as a resident elector of the

jurisdiction;(b) the person must be an individual who is, or who will be on the general voting day

for the jurisdiction, age 18 or older;(c) the person must be a Canadian citizen;(d) the person must have been a resident of British Columbia, as determined in

accordance with section 52, for at least 6 months immediately before that day;(e) the person must have been a registered owner of real property in the jurisdiction

for at least 30 days immediately before that day;(e.1) the only persons who are registered owners of the real property, either as joint

tenants or tenants in common, are individuals who are not holding the propertyin trust for a corporation or another trust;

(f) the person must not be disqualified by this Act or any other enactment fromvoting in an election or be otherwise disqualified by law.

(2.) A person may only register as a non-resident property elector in relation to one parcel ofreal property in a jurisdiction.

(3.) If a municipality is incorporated or the boundaries of a jurisdiction are extended, a personis deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 daysbefore the person applies for registration as a non-resident property elector, the personhas been a registered owner of property within the area that becomes the municipality oris included in the jurisdiction.

(4.) For the purposes of this section, the registered owner of real property means whicheverof the following is applicable:(a) the owner of a registered estate in fee simple of the property, unless another

person holds an interest in the property referred to in paragraphs (b) to (d);(b) the holder of the last registered agreement for sale, unless another person holds

an interest in the property referred to in paragraph (c) or (d);(c) the tenant for life under a registered life interest in the property, unless another

person holds an interest in the property referred to in paragraph (d);(d) the holder of a registered lease of the property for a term of at least 99 years.

(5.) If there is more than one individual who is the registered owner of real property, either asjoint tenants or tenants in common, only one of those individuals may register as anon-resident property elector under this section in relation to the real property.

(6.) If the land title registration of the real property in relation to which a person is registeringunder this section indicates that there is more than one individual who is the registeredowner of the real property, the person registering must do so with the written consent ofthe number of those individuals who, together with the person registering, are a majorityof those individuals.

(7.) A registered owner who has consented to the registration of another registered owner ofthe property may withdraw the consent by delivering a written withdrawal to themunicipality or regional district.

(8.) Once a withdrawal of consent has been delivered in accordance with subsection (7), theperson registered as the non-resident property elector in relation to the property ceasesto be entitled to be registered and vote as such if the number of individuals referred to insubsection (6) falls below a majority of the registered owners, with this effective



(a) for the next election, in the case of a withdrawal delivered at least 52 daysbefore general voting day for the election, and

(b) following the next election, in the case of a withdrawal delivered less than 52days before general voting day for the election.

RS1979-290-52; 1993-54-10; 1994-52-51; 1998-34-14; 2000-7-9.

Rules for determining residence52. (1.) The following rules apply to determine the area in which a person is a resident:

(a) a person is a resident of the area where the person lives and to which, wheneverabsent, the person intends to return;

(b) a person may be the resident of only one area at a time for the purposes of thisPart;

(c) a person does not change the area in which the person is a resident until theperson has a new area in which the person is a resident;

(d) a person does not cease being a resident of an area by leaving the area fortemporary purposes only.

(2.) As an exception to subsection (1), if a person establishes for the purposes of attendingan educational institution a new area in which the person is a resident that is away fromthe usual area in which the person is a resident, the person may choose for the purposesof this Part either the usual area or the new area as the area in which the person is aresident.

RS1979-290-53; 1993-54-10.

When a person may register as an elector

53. (1.) A person may register as an elector(a) at the time of voting in accordance with section 57 or 57.1, or(b) by advance registration in accordance with section 56, if this is available.

(2.) If a bylaw under section 59 is in effect for a jurisdiction, a person entitled to register as aresident elector of the jurisdiction may effectively register as such by registering as avoter under the Election Act in sufficient time to have the person’s name appear on theProvincial list of voters that becomes, under the bylaw, the register of resident electorsfor the jurisdiction.

RS1979-290-54; 1993-54-10; 1999-37-13.

Voting day registration only54. A local government may, by bylaw, limit registration of electors to registration at the time

of voting.1999-37-14.

Application for registration55. (1.) An application for registration as an elector must include the following information:

(a) in the case of registration as a resident elector,(i) the full name of the applicant,(ii) the residential address of the applicant, and the mailing address if this is

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



the applicant;(b) in the case of registration as a non-resident property elector,

(i) the full name of the applicant,(ii) the address or legal description of the real property in relation to which

the person is registering and the mailing address of the applicant, and(iii) either the birth date or the last 6 digits of the social insurance number of

the applicant;(c) a declaration that the applicant meets the requirements of section 49 (1) (a) and

(b) to be registered as an elector;(d) any other information required by regulation under section 156 to be included.

(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.(3.) For the purpose of subsection (1), an address of an applicant that indicates the area in

which the applicant is resident within the meaning of section 52 is sufficient if, in theopinion of the person authorized to receive the application, it indicates the location forthe purpose of determining whether the applicant is resident in the jurisdiction.

(4.) In the case of an application for registration as a non-resident property elector, theapplication must be accompanied by(a) proof satisfactory to the person receiving the application that the applicant is

entitled to register in relation to the real property referred to in subsection (1) (b),and

(b) if applicable, the written consent from the other registered owners of the realproperty required by section 51 (6).

RS1979-290-56; 1993-54-10; 1994-52-52; 1998-34-15.


How to register in advance56. (1.) If advance registration is available for a jurisdiction except during the closed period under

subsection (4), a person may register as an elector by delivering an application andaccompanying documents in accordance with section 55(a) at the local government offices during its regular office hours,(b) at a special registration opportunity under subsection (6), or(c) at other times and places authorized by the designated local government officer.

(2.) If a bylaw under section 54 does not apply, advance registration must be available inaccordance with this section.

(3.) If advance registration is required, it must be available to both resident electors andnon-resident property electors unless deemed registration of resident electors undersection 59 is in effect.

(4.) Advance registration closes 53 days before general voting day and does not reopen untilthe Monday after the close of general voting, subject to any extension of this closedperiod in relation to an election under section 142.

(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 theclose 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 whenadvance registration as an elector is permitted.

RS1979-290-57; 1993-54-10; 1994-52-53; 1998-34-16.

How to register as a resident elector at the time of voting

57. (1.) A person may register as a resident elector immediately before voting by(a) either

(i) delivering an application form in accordance with section 55 [applicationfor registration] to the election official responsible at the place where theperson is voting, or

(ii) providing to that official the information required under that section in themanner established by the chief election officer, and

(b) satisfying that official of the applicant’s identity and place of residence inaccordance with subsection (2).

(2.) For the purposes of subsection (1) (b), an individual may either(a) produce to the election official at least 2 documents that provide evidence of the

applicant’s identity and place of residence, at least one of which must containthe applicant’s signature, or

(b) produce to the election official at least 2 documents that provide evidence of theapplicant’s identity, at least one of which must contain the applicant’s signature,and make a solemn declaration as to the applicant’s place of residence withinthe meaning of section 52 [rules for determining residence].

(3.) Documents accepted under subsection (2) must either be documents prescribed asacceptable under section 156 [regulations] or provide evidence satisfactory to theelection official respecting the matter.

(4.) The election official registering an elector under this section must note on the applicationthe nature of the documents produced for the purposes of subsection (1) (b).

(5.) The election official responsible for receiving application forms under subsection (1) isthe presiding election official or another election official designated by the presidingelection official.

1999-37-15.

How to register as a non-resident property elector at the time of voting

57.1 (1.) A person may register as a non-resident property elector immediately before voting by(a) either

(i) delivering an application form in accordance with section 55 [applicationfor registration] to the election official responsible at the place where the



person is voting, or(ii) providing to that official the information required under that section in the

manner established by the chief election officer,(b) satisfying that official of the applicant’s identity in accordance with subsection

(2), and(c) delivering a certificate under section 58 [non-resident property elector certificate]

to that official.(2.) For the purposes of subsection (1) (b), an individual must produce to the election official

at least 2 documents that provide evidence of the applicant’s identity, at least one ofwhich must contain the applicant’s signature.

(3.) Section 57 (3) to (5) applies for the purposes of this section.1999-37-15.

Non-resident property elector certificate58. (1.) In order to obtain a certificate required to register under section 57.1, a person may

apply as follows:(a) during voting hours when voting proceedings are being conducted for advance

voting or general voting, at the place and to the official designated by the chiefelection officer;

(b) at any time during regular office hours for the local government, by applying atthe local government offices to the designated local government officer oranother local government official authorized by the designated local governmentofficer;

(c) if the chief election officer makes additional provision for the purposes of thissubsection, by applying at a place and to an official designated by the chiefelection officer.

(2.) Repealed. [1999-37-16](3.) The local government official must issue a certificate if the applicant provides

(a) proof satisfactory to the official that the person applying will be entitled to registerin relation to that real property at the time the person votes, and

(b) if applicable, the written consent from the other registered owners of the realproperty required by section 51 (6).

(4.) A certificate under this section must(a) state the name of the person entitled to register as a non-resident property

elector under the certificate,(b) identify the real property in relation to which the person is entitled to register, and(c) be signed by the issuing official.

(5.) The designated local government officer must maintain a record of all certificates issuedunder this section.

(6.) From the 46th day before general voting day until the close of general voting, the currentrecord under subsection (5) must be available for public inspection at the localgovernment 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 ofprivacy] apply to that record.

RS1979-290-59; 1993-54-10; 1994-52-55; 1998-34-17; 1999-37-16.

Automatic registration by inclusion



on Provincial list of voters59. (1.) Instead of maintaining an ongoing register of resident electors, a local government may,

by bylaw, provide that the most current available Provincial list of voters prepared underthe Election Act is to be the register of resident electors.

(2.) A bylaw under subsection (1) must require that the Provincial list of voters becomes theregister of resident electors no later than 52 days before general voting day for anyelection to which the bylaw applies.

(3.) If a bylaw under subsection (1) applies,(a) any previous register of resident electors of the jurisdiction is cancelled, effective

at the time the Provincial list of voters becomes the register,(b) a person who, on the basis of the Provincial list of voters, appears to meet the

qualifications to be registered as a resident elector of the jurisdiction is deemedto be registered as such an elector, and

(c) the local government may have, but is not required to have, advance registrationunder section 56 for resident electors.

RS1979-290-60; 1993-54-10.

Effect of registration60. (1.) Unless

(a) a bylaw under section 54 applies, or(b) all or the applicable part of the register of electors is cancelled,a person registered as an elector continues to be an elector of the jurisdiction as long asthe person meets the requirements for registration.

(2.) If a bylaw under section 54 applies, registration as an elector is effective only for theelections for which the voting is being conducted at that time.

RS1979-290-61; 1993-54-10.

Register of electors61. (1.) Subject to section 59, a register of electors of a jurisdiction must be maintained if

advance registration is available in the jurisdiction.(2.) The designated local government officer is responsible for maintaining the register of

electors.(3.) The register of electors must separately record resident electors and non-resident

property electors of each jurisdiction and, for each elector, must record the name of theelector and the address or addresses of the elector required to be included on anapplication under section 55.

(4.) For the purposes of recording the address or addresses of a resident elector undersubsection (3), the register of electors may record only the residential address of theelector as required to be included on an application under section 55.

(5.) For the purposes of maintaining the register of electors, the designated local governmentofficer(a) must add to the register persons who have registered in accordance with section

56, 57 or 57.1,(b) may add to the register persons who meet the requirements of section 50 (1) to

be registered as resident electors of the jurisdiction, as evidenced by a currentProvincial list of voters under the Election Act,

(c) may add to the register persons who meet the requirements of section 50 (1) to



be registered as resident electors of the jurisdiction, as evidenced by registrationunder section 161,

(d) despite section 60 (2), for a new register established after a bylaw under section54 ceases to be in force, may add to the register(i) persons whose names were included in the previous register, and(ii) persons who registered for elections conducted in the jurisdiction while

the bylaw was in force,(e) if all or part of a register is cancelled under subsection (8) or section 59, may

add to the new register persons whose names were included in the cancelledregister,

(f) on evidence satisfactory to that official, may delete from the register the namesof persons who have died or who are no longer qualified as electors, and

(g) on evidence satisfactory to that official, may amend the register to show correctlythe information to be included in the register.

(6.) A person whose name is added to the register under subsection (5) (b), (c), (d) or (e) isdeemed to have registered as an elector, as recorded in the register, and section 60 (1)applies to the registration.

(7.) The designated local government officer may authorize a person to assist in that officer’sduties under this section and may authorize the person to exercise the officer’s powersunder this section.

(8.) The local government or the minister may order the cancellation of an existing register ofelectors, or a portion of it, and direct the preparation of a new register.

RS1979-290-62; 1993-54-10; 1994-52-56; 1998-34-18; 1999-37-17.

List of registered electors62. (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 thepurposes of administering an election.

(2.) The list of registered electors must give the names and addresses of all personsincluded on the register of electors at the time the list is prepared and must indicatewhether a person is a resident elector or a non-resident property elector.

(3.) From the 46th day before general voting day until the close of general voting, a copy ofthe list of registered electors as it stands at the beginning of that period must beavailable for public inspection at the local government offices during its regular officehours.

(4.) Before inspecting the list of registered electors, a person other than a local governmentofficer or employee acting in the course of duties must sign a statement that the personwill not inspect the list or use the information included in the list except for the purposesof this Part.

(5.) The designated local government officer must ensure that the statements referred to insubsection (4) are kept until after general voting day for the next general local election.

(6.) At least 6 but not more than 30 days before the first day on which the list of registeredelectors is required to be available under subsection (3), notice must be given inaccordance with section 44 [public notices] that(a) a copy of the list of registered electors will be available for public inspection at

the local government offices during its regular office hours from the datespecified in the notice until the close of general voting for the election,



(b) an elector may request that personal information respecting the elector beomitted from or obscured on the list in accordance with section 63 [protection ofprivacy], and

(c) an objection to the registration of a person as an elector may be made inaccordance with section 64 [objections] before 4 p.m. on the 36th day beforegeneral voting day.

(7.) The list of registered electors must be updated to reflect the changes to the register ofelectors made after any objections under section 64 have been dealt with.

(8.) Each person who has been nominated in accordance with section 73 is entitled, for useby the person for the purposes of the election, to(a) one copy of the list of registered electors without charge, and(b) on payment to the jurisdiction of the reasonable costs of reproduction, other

copies as requested by the person.(9.) Before receiving a list of registered electors, a person referred to in subsection (8) must

sign a statement that the person will not inspect the document or use the information in itexcept for the purposes of this Part.

RS1979-290-63(1) to (9); 1993-54-10; 1994-52-57; 1998-34-19; 1999-37-18.

Protection of privacy63. If requested by an elector in order to protect the privacy or security of the elector, the

chief election officer must amend a list of registered electors that is to be available forpublic inspection, or that is to be provided under section 62 (8) [list provided tocandidates], by omitting or obscuring the address of the elector or other informationabout the elector.

1999-37-19.

Objection to registration of an elector64. (1.) The registration of a person whose name appears on the list of registered electors under

section 62 (3) may be objected to in accordance with this section.(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 generalvoting day.

(3.) An objection may only be made by a person entitled to be registered as an elector of thejurisdiction for which the registration is questioned.

(4.) An objection may only be made on the basis(a) that the person whose name appears has died, or(b) that, at the time of the objection, the person is not qualified to be registered as

an elector of the jurisdiction.(5.) An objection must be made in writing, signed by the person making it and include the

following:(a) the name and address, as shown in the list of registered electors, of the person

against whose registration the objection is made;(b) the basis of the objection, including a statement of the facts that the objector

believes support this;(c) the name and address of the person making the objection.

(6.) On receiving an objection, the designated local government officer must make areasonable effort to notify the person against whom the objection is made of



(a) the objection,(b) the name of the person who made the objection, and(c) the basis on which the objection is made.

RS1979-290-64; 1993-54-10; 1998-34-20.

Resolving objections65. (1.) An objection under section 64 on the basis of death must be resolved by the designated

local government officer in accordance with the following:(a) that official must have a search made of the records under the Vital Statistics Act

;(b) if a record of death is found and that official is satisfied that it applies to the

person whose registration is being objected to, that official must remove theperson’s name from the register of electors;

(c) if a record of death is not found and that official is unable to contact the person,the official must proceed in accordance with subsection (2) (c) and (d).

(2.) An objection on the basis that a person is not entitled to be registered as an elector mustbe resolved by the designated local government officer in accordance with the following:(a) if, after receiving notice of the objection, the person provides proof satisfactory to

that official of the person’s entitlement to be registered or makes a solemndeclaration as to that entitlement, the person’s name is to stay on the register ofelectors;

(b) if, after receiving notice of the objection, the person does not provide proof ofentitlement or make a solemn declaration as to entitlement, that official mustremove the person’s name from the register of electors;

(c) if that official is unable to contact the person, that official must require the personwho made the objection to provide proof satisfactory to that official of the basisof the objection and, if this is done, must remove the name from the register ofelectors;

(d) if the person who made the objection does not provide satisfactory proof asrequired by paragraph (c), the name is to stay on the register of electors.

RS1979-290-65; 1993-54-10; 1998-34-21.

Part 3: Division 5 – Qualifications for Office

Who may hold elected office as a member of a local government

66. (1.) A person is qualified to be nominated for office, and to be elected to and hold office, as amember of a local government if at the relevant time the person meets all the followingrequirements:(a) the person must be an individual who is, or who will be on general voting day for

the election, age 18 or older;(b) the person must be a Canadian citizen;(c) the person must have been a resident of British Columbia, as determined in

accordance with section 52, for at least 6 months immediately before therelevant time;

(d) the person must not be disqualified by this Act or any other enactment from



voting in an election in British Columbia or from being nominated for, beingelected to or holding the office, or be otherwise disqualified by law.

(2.) Without limiting subsection (1) (d), the following persons are disqualified from beingnominated for, being elected to or holding office as a member of a local government:(a) a person who is a judge of the Court of Appeal, Supreme Court or Provincial

Court;(b) a person who is disqualified under section 67 as an employee of a local

government, except as authorized under that section;(c) a person who is prohibited from holding elected office

(i) under Division 17 of this Part as it applies to elections or voting on anyother matter under this or any other Act, or

(ii) under Division (17) of Part I of the Vancouver Charter as it applies toelections or voting on any other matter under that or any other Act;

(d) a person who is disqualified under section 92 [failure to file disclosure statement], or section 92.4 [disqualification for false or incomplete reports];

(d.1) a person who is disqualified under Division 7 [Disqualification] of Part 4 of the Community Charter;

(d.2) a person who is disqualified under section 141 [circumstances in which a personis disqualified from Council] of the Vancouver Charter;

(e) a person who is disqualified under any other enactment.RS1979-290-66; 1993-54-10; 1998-34-22; 1999-37-20; 2003-52-176.

Disqualification of local government employees

67. (1.) For the purposes of this section, “employee” means(a) an employee or salaried officer of a municipality or regional district, or(b) a person who is within a class of persons deemed by regulation under section

156 to be employees of a specified municipality or regional district,but does not include a person who is within a class of persons excepted by regulationunder section 156.

(2.) Unless the requirements of this section are met, an employee of a municipality isdisqualified from being nominated for, being elected to or holding office(a) as a member of the council of the municipality, or(b) as a member of the board of the regional district in which the municipality is

located.(3.) Unless the requirements of this section are met, an employee of a regional district is

disqualified from being nominated for, being elected to or holding office(a) as a member of the board of the regional district, or(b) as a member of the council of a municipality, including the City of Vancouver,

that is within the regional district.(4.) Before being nominated for an office to which subsection (2) or (3) applies, the employee

must give notice in writing to his or her employer of the employee’s intention to consentto nomination.

(5.) Once notice is given under subsection (4), the employee is entitled to and must take aleave of absence from the employee’s position with the employer for a period that, at aminimum,



(a) begins on the first day of the nomination period or the date on which the notice isgiven, whichever is later, and

(b) ends, as applicable,(i) if the person is not nominated before the end of the nomination period,

on the day after the end of that period,(ii) if the person withdraws as a candidate in the election, on the day after

the withdrawal,(iii) if the person is declared elected, on the day the person resigns in

accordance with subsection (8) or on the last day for taking office beforethe person is disqualified for a failure to take the oath of office within thetime specified by an enactment that applies to the person,

(iv) if the person is not declared elected and an application for judicialrecount is not made, on the last day on which an application for a judicialrecount may be made, or

(v) if the person is not declared elected and an application for judicialrecount is made, on the date when the results of the election aredetermined by or following the judicial recount.

(6.) If agreed by the employer, as a matter of employment contract or otherwise, the leave ofabsence under this section may be for a period longer than the minimum required bysubsection (5).

(7.) Sections 54 and 56 of the Employment Standards Act apply to a leave of absence underthis section.

(8.) Before making the oath of office, an employee on a leave of absence under this sectionwho has been elected must resign from the person’s position with the employer.

(9.) At the option of the employee, a resignation under subsection (8) may be conditional onthe person’s election not being declared invalid on an application under section 143.

RS1979-290-67; 1993-54-10; 1995-38-134; 1998-34-23; 2003-52-177.

Only one elected office at a time in the same local government

68. (1.) At any one time a person may not hold more than one elected office in the same localgovernment.

(2.) At any one time a person may not be nominated for more than one elected office in thesame local government.

(3.) A current member of a local government may not be nominated for an election undersection 37 for another office in the same local government unless the person resignsfrom office within 14 days after the day on which the chief election officer is appointed.

RS1979-290-68; 1993-54-10; 1998-34-24; 2003-52-178.

Part 3: Division 6 – Nominations and Declaration of Election

Nomination period69. (1.) The period for receiving nominations begins at 9 a.m. on the 46th day before general

voting day and ends at 4 p.m. on the 36th day before general voting day.(2.) If the first day of the nomination period would otherwise fall on a holiday, the nomination

period begins on the next day that is not a holiday.



(3.) If the last day of the nomination period would otherwise fall on a holiday, the nominationperiod ends on the last day before that day that is not a holiday.

RS1979-290-69; 1993-54-10.

Notice of nomination70. (1.) At least 6 but not more than 30 days before the nomination period begins, the chief

election officer must issue a notice of nomination under this section in accordance withsection 44.

(2.) The notice must include the following information:(a) the offices for which candidates are to be elected;(b) the dates, times and places at which nominations will be received;(c) how interested persons can obtain information on the requirements and

procedures for making a nomination;(d) any other information required to be included by regulation under section 156.

(3.) The notice may include any other information the chief election officer considersappropriate.

(4.) The chief election officer may provide for additional notice of the call for nominations tobe given to the public.

RS1979-290-70; 1993-54-10.

Who may make nominations71. (1.) A nomination for office as a member of a local government must be made in writing in

accordance with section 72 by 2 persons who are electors of the jurisdiction for whichthe person is nominated.

(2.) In the case of a nomination for an office to be filled on a neighbourhood constituencybasis, a person making the nomination must also be qualified as a resident elector ornon-resident property elector in relation to the area of the neighbourhood constituency.

(3.) Each person nominated must be nominated by separate nomination documents, but aperson entitled to make a nomination may subscribe to as many nomination documentsas there are persons to be elected to fill the office for which the election is being held.

RS1979-290-71; 1993-54-10; 1994-52-58.

Nomination documents72. (1.) A nomination for local government office must be in written form and must include the

following:(a) the full name of the person nominated;(b) the usual name of the person nominated, if the full name of the person is

different from the name the person usually uses and the person wishes to havehis or her usual name on the ballot instead;

(c) the office for which the person is nominated;(d) if applicable, a statement that the person nominated is endorsed by an elector

organization in accordance with section 79 and wishes to have the endorsementof this elector organization included on the ballot;

(e) the residential address of the person nominated, and the mailing address if thisis different;

(f) the names and residential addresses of the nominators and, if a nominator is anon-resident property elector, the address of the property in relation to which the



nominator is such an elector;(g) a statement signed by the nominators that, to the best of their knowledge, the

person nominated is qualified under section 66 to be nominated.(2.) A nomination must be accompanied by the following:

(a) a statement signed by the person nominated consenting to the nomination;(b) a solemn declaration of the person nominated, either made in advance or taken

by the chief election officer at the time the nomination documents are delivered,(i) that he or she is qualified under section 66 [who may hold office] to be

nominated for the office, and(ii) that, to the best of the person’s knowledge, the information provided in

the nomination documents is true;(c) if the person nominated requests under subsection (1) (d) that endorsement by

an elector organization be shown on the ballot,(i) the solemn declaration under section 79, and(ii) the written consent of the person nominated to the endorsement;

(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.(3.) A person must not consent to be nominated knowing that he or she is not qualified to be

nominated.(4.) The chief election officer may require a person nominated to provide a telephone number

at which the person may be contacted.RS1979-290-72; 1993-54-10; 1994-52-59; 1999-37-21.

Nomination deposits72.1 (1.) The local government may, by bylaw, require that a nomination for mayor, councillor or

electoral area director be accompanied by a nomination deposit.(2.) The amount of a required nomination deposit may be different for the different offices

referred to in subsection (1), but must not be greater than $100.(3.) A nomination deposit must be held by the chief election officer to be dealt with as

follows:(a) if the person nominated is not declared to be a candidate under section 74

[declaration of candidates], the deposit is to be returned to the person or to thefinancial agent of the person;

(b) if the person nominated files a disclosure statement as required by section 90 oras the requirements of that section are modified by court order under section 91 [court order for relief], the deposit is to be returned to the person or the financialagent of the person;

(c) in other cases, the deposit is forfeited and is to be paid to the local government.1999-37-22.

Nomination by delivery of nomination documents

73. (1.) In order to make a nomination,(a) the nomination documents required by section 72, and(b) if applicable, the nomination deposit required under section 72.1must be received before the end of the nomination period by the chief election officer ora person designated by the chief election officer for this purpose.

(2.) The obligation to ensure that the nomination documents and nomination deposit are



received in accordance with this section rests with the person being nominated.(3.) For the purposes of subsection (1), the nomination documents and nomination deposit

(a) must be received at the local government offices during its regular office hours,and

(b) may be received at other times and places as specified by the chief electionofficer.

(4.) Nomination documents may be delivered by hand, by mail or other delivery service or byfacsimile transmission with originals to follow.

(5.) If the originals of nomination documents delivered by facsimile transmission are notreceived by the chief election officer by the end of the 29th day before general votingday, the person nominated is deemed to have withdrawn from being a candidate in theelection.

(5.1) After receiving nomination documents, the chief election officer must review the listunder section 92.3 [disqualification list] to determine whether an application must bemade under section 75 (3.2) [challenge required if candidate or organization appears tobe disqualified].

(6.) Nomination documents delivered to the chief election officer must be available for publicinspection in the local government offices during its regular office hours from the time ofdelivery.

(7.) Before inspecting nomination documents, a person other than a local government officeror employee acting in the course of duties must sign a statement that the person will notinspect the documents or use the information included in them except for the purposes ofthis Act.


RS1979-290-73; 1993-54-10; 1998-34-25; 1999-37-23.

Declaration of candidates74. (1.) Immediately following the end of the nomination period, the chief election officer must

declare as candidates for an elected office all persons who have been nominated for theoffice.

(2.) If there are fewer persons declared as candidates than there are to be elected, additionalnominations must be received by the chief election officer from the time of thedeclaration under subsection (1) up until 4 p.m. on the third day after the end of thenomination period.

(3.) If reasonably possible, the chief election officer must give notice to the public of anextended time for receiving nominations under subsection (2).

(4.) At the end of the time for receiving additional nominations under subsection (2), the chiefelection officer must declare as candidates for an elected office all additional personswho have been nominated for the office.

RS1979-290-74; 1993-54-10.

Challenge of nomination75. (1.) A nomination may only be challenged by an application to the Provincial Court in

accordance with this section.(2.) The time period during which a challenge may be made is between the time of the

delivery of the nomination documents in accordance with section 73 and 4 p.m. on the



fourth day after the end of the nomination period.(3.) A challenge may be made only by a person who is an elector of the jurisdiction, by

another nominee or by the chief election officer.(3.1) A challenge may only be made on one or more of the following bases:

(a) that the person is not qualified to be nominated or elected;(b) that the nomination was not made in accordance with sections 71 to 73;(c) that the usual name given under section 72 (1) (b) in the nomination documents

is not in fact the usual name of the person;(d) that the person is not in fact endorsed by the elector organization named in the

nomination documents;(e) that the named organization is not an elector organization within the meaning of

section 79 [endorsement of candidate];(f) that the named organization is disqualified from endorsing a candidate under

(i) section 92.1 [failing to file disclosure statement] or section 92.5 [false orincomplete reports] of this Act,

(ii) section 64.1 [failing to file disclosure statement] or section 64.4 [false orincomplete reports] of the Vancouver Charter, or

(iii) a section referred to in subparagraph (i) or (ii) as it applies for thepurposes of another Act.

(3.2) The chief election officer must commence a challenge under this section if, on a reviewunder section 73 (5.1) [review of disqualification list], it appears to the chief electionofficer that a person is disqualified from being nominated or that an organization namedin the nomination documents is disqualified from endorsing a candidate.

(4.) The document filed with the court to commence a challenge must briefly set out the factson which the challenge is based and must be supported by affidavit as to those facts.

(5.) At the time a challenge is commenced, a time must be set for the hearing that isadequate to allow the court to give its decision on the matter within the time limit set bysubsection (7).

(6.) The person making a challenge must notify affected persons by(a) immediately notifying the chief election officer and the person whose nomination

is challenged that a challenge will be heard by the court at the time set undersubsection (5), and

(b) within 24 hours of filing the document commencing the application, serving onthese persons that document, the accompanying affidavit and a notice of thetime for the hearing.

(7.) Within 72 hours of the end of the period for commencing a challenge, the court musthear and determine the matter and must issue an order, as applicable,(a) confirming the person as a candidate or declaring that the person is no longer a

candidate,(b) declaring that the person is or is not entitled to have the usual name indicated in

the nomination documents used on the ballot, or(c) declaring that the organization named in the nomination documents is or is not

entitled to have its endorsement included on the ballot.(8.) The court may order that the costs of a challenge, within the meaning of the Rules of

Court for the Supreme Court, be paid in accordance with the order of the court.(9.) The decision of the court on a challenge under this section is final and may not be

appealed.



RS1979-290-75; 1993-54-10; 1999-37-24.

Declaration of election by voting or acclamation

76. (1.) At 4 p.m. on the Monday following the last day for determining a challenge under section75, the chief election officer must declare the election in accordance with this section.

(2.) If there are more candidates for an office than there are to be elected for the office, thechief election officer must declare that an election by voting is to be held.

(3.) If no more candidates for an office are nominated than there are to be elected for thatoffice, the chief election officer must declare the candidate or candidates elected byacclamation.

RS1979-290-76; 1993-54-10.

Notice of election by voting77. (1.) At least 6 but not more than 30 days before general voting day for an election by voting

under section 76 (2) the chief election officer must issue a notice of election inaccordance with section 44.

(2.) The notice must include the following information:(a) the offices for which persons are to be elected;(b) the usual names and residential addresses of the candidates for each office;(c) the date of general voting day, the voting places for required general voting

opportunities and the voting hours for those places;(c.1) the documents that will be required in order for a person to register as an elector

at the time of voting;(c.2) the place where persons may apply on general voting day for non-resident

property elector certificates required in order to register at the time of voting;(d) if applicable, information required to be included under section 36.1 (6) regarding

neighbourhood constituencies or section 103 (5) regarding municipal votingdivisions.

(3.) The notice may also include any other information the chief election officer considersappropriate.

(4.) The chief election officer may provide for additional notice of the election to be given tothe public.

(5.) For the purposes of including the residential address of a candidate in a notice under thissection, an address that indicates the jurisdiction in which the candidate is resident issufficient.

(6.) If requested by a candidate in sufficient time to reasonably have this done, the residentialaddress of the candidate included in a notice under this section must be limited to thejurisdiction in which the candidate is resident.

RS1979-290-77; 1993-54-10; 1994-52-60; 1998-34-26; 1999-37-25.

Appointment if an insufficient number of candidates are elected

78. (1.) If there are fewer candidates declared elected by acclamation under section 76 thanthere are to be elected, the local government must appoint a person to each vacantoffice,(a) in the case of a general local election, within 30 days after the first meeting of



the local government at which the persons elected in the election are holdingoffice, and

(b) in other cases, within 30 days after the first meeting of the local government afterthe declaration of the election results.

(2.) If a local government fails to make an appointment required by subsection (1), or if thereis no quorum of the local government able to make the appointment, the minister mustappoint a person to each vacant office.

(3.) A person appointed under this section(a) must be qualified under section 66 to hold the office, and(b) must reside in the municipality, electoral area or neighbourhood constituency, as

applicable, at the time of appointment.(4.) A person appointed as a member of a local government under this section or any other

provision of this Act has the same rights, duties and powers as a person elected as amember.

(5.) An enactment that applies to an elected member of a local government applies to aperson appointed under this section in the same manner as if the person had beenelected at the election in relation to which the appointment is made.

RS1979-290-78; 1993-54-10.

Part 3: Division 7 – Candidates and Representatives

Ballot showing candidate endorsement by elector organization

79. (1.) In order for an organization, whether incorporated or unincorporated, to have itsendorsement of a candidate included on a ballot, the organization must(a) have been in existence for at least 60 days immediately before the solemn

declaration under subsection (3) is made, and(b) have had throughout the period referred to in paragraph (a) a membership of at

least 50 electors of the municipality or regional district for which the election isbeing held.

(2.) An organization must indicate its endorsement by authorizing a director or other officialto make the solemn declaration described in subsection (3).

(3.) The solemn declaration of the official of the elector organization must include thefollowing:(a) a statement that, to the best of the knowledge, information and belief of the

official, the elector organization(i) has been in existence for at least 60 days immediately before the date

on which the solemn declaration is made,(ii) has had throughout the period referred to in subparagraph (i) a

membership of at least 50 electors of the municipality or regional districtfor which the election is being held, and

(iii) has authorized the official to make the solemn declaration;(b) the name of the candidate endorsed by the elector organization;(c) the corporate name, if any, of the elector organization, the usual name of the

organization and any abbreviations, acronyms and other names used by theelector organization;



(d) a statement as to which name, abbreviation or acronym referred to in paragraph(c) is the one that the elector organization wishes to have included on the ballot;

(e) the name of the director or other official responsible for the financial affairs of theelector organization;

(f) the name of the president, chair or other chief official of the elector organizationand an address and telephone number at which this person can be contacted;

(g) any other matter required to be included by regulation under section 156.(4.) The name, abbreviation or acronym referred to in subsection (3) (d) must not

(a) include any matter that is prohibited by section 105 from being included on theballot, or

(b) be, in the opinion of the chief election officer, so similar to the name,abbreviation or acronym of another elector organization whose endorsement of acandidate appeared on a ballot at the preceding general local election or a laterelection as to be confusing to the electors.

(5.) A solemn declaration under subsection (3) may be made in relation to more than onecandidate in an election, but only one elector organization endorsement may be shownon a ballot in relation to a candidate.

(6.) An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the29th day before general voting day,(a) the elector organization withdraws its endorsement by delivering to the chief

election officer by that time(i) a written withdrawal signed by a director or other official of the elector

organization, and(ii) a solemn declaration of the official signing the withdrawal that, to the

best of that person’s knowledge, information and belief, the electororganization has authorized the person to make the withdrawal, or

(b) the candidate withdraws the request to have the elector organizationendorsement appear on the ballot by delivering a signed withdrawal to the chiefelection officer by that time.

RS1979-290-79; 1993-54-10; 1994-52-61.

Withdrawal, death or incapacity of candidate

80. (1.) At any time up until 4 p.m. on the 29th day before general voting day, a person who hasbeen nominated may withdraw from being a candidate in the election by delivering asigned withdrawal to the chief election officer, which must be accepted if the chiefelection officer is satisfied as to its authenticity.

(2.) After the time referred to in subsection (1), a candidate may only withdraw by deliveringa signed request to withdraw to the chief election officer and receiving the approval ofthe minister.

(3.) For the purposes of subsection (2), the chief election officer must notify the minister of arequest to withdraw as soon as reasonably possible after receiving it.

(4.) The chief election officer must notify the minister if, between the declaration of anelection by voting under section 76 (2) and general voting day for the election,(a) a candidate dies, or(b) in the opinion of the chief election officer, a candidate is incapacitated to an

extent that will prevent the candidate from holding office.



(5.) On approving a withdrawal under subsection (2) or being notified under subsection (4),the minister may order(a) that the election is to proceed, subject to any conditions specified by the

minister, or(b) that the original election is to be cancelled and that a new election is to be held

in accordance with the directions of the minister.RS1979-290-80; 1993-54-10.

Appointment of candidate representatives

81. (1.) A candidate may appoint(a) one individual to act as official agent of the candidate, to represent the candidate

from the time of appointment until the final determination of the election or thevalidity of the election, as applicable, and

(b) scrutineers, to represent the candidate by observing the conduct of voting andcounting proceedings for the election.

(2.) An appointment as a candidate representative must(a) be made in writing and signed by the person making the appointment,(b) include the name and address of the person appointed, and(c) be delivered to the chief election officer or a person designated by the chief

election officer for this purpose as soon as reasonably possible after theappointment is made.

(3.) An appointment as a candidate representative may only be rescinded in the samemanner as the appointment was made.

(4.) An appointment of an official agent may include a delegation of the authority to appointscrutineers.

(5.) If notice is to be served or otherwise given under this Part to a candidate, it is sufficient ifthe notice is given to the official agent of the candidate.

RS1979-290-81; 1993-54-10.

Presence of candidate representatives at election proceedings

82. (1.) A candidate representative present at a place where election proceedings are beingconducted must(a) carry a copy of the person’s appointment under section 81,(b) before beginning duties at the place, show the copy of the appointment to the

presiding election official or an election official specified by the presiding electionofficial, and

(c) show the copy of the appointment to an election official when requested to do soby the official.

(2.) The presiding election official may designate one or more locations at a place whereelection proceedings are being conducted as locations from which candidaterepresentatives may observe the proceedings and, if this is done, the candidaterepresentatives must remain in those locations.

(3.) The absence of a candidate representative from a place where election proceedings arebeing conducted does not invalidate anything done in relation to an election.

RS1979-290-82; 1993-54-10.



Part 3: Division 8 – Campaign Financing


Definitions83. In this Division:

"campaign contribution" means the amount of any money or the value of any property orservices provided, by donation, advance, deposit, discount or otherwise, to a candidate orelector organization for use in an election campaign or towards the election expenses of anelection campaign, including the amount of any money provided by a candidate in relation to theperson’s election campaign;

"disclosure statement" means a disclosure statement under section 90;

"election campaign" means an election campaign within the meaning of section 84;

"election expense" means the value of property and services used in an election campaign byor on behalf of a candidate or by or on behalf of an elector organization,

(a) in relation to an election that is part of a general local election, during thecalendar year in which the election is held, and

(b) in relation to another election, after the date of the vacancy for which the electionis being held;

"elector organization" means an elector organization that endorses or intends to endorse acandidate within the meaning of section 79;

"late filing period" means the period specified under section 90.2 (a) [30 day late filing periodfor disclosure statements];

"property" means property or the use of property, as applicable;

"supplementary report" means a supplementary report under section 90.1.

RS1979-290-83; 1993-54-10; 1999-37-26.

Election campaign84. (1.) In relation to a candidate, an election campaign is a campaign for any of the following

purposes in relation to an election, including such a campaign undertaken before theperson is nominated or declared a candidate:(a) to promote the election of the candidate or to oppose the election of another

candidate;(a.1) to promote the selection of the person to be endorsed by an elector organization

or to oppose the selection of another person;(b) to approve of a course of action advocated by the candidate or to disapprove of

a course of action advocated by another candidate;



(c) to promote an elector organization or its program or to oppose an electororganization or its program;

(d) to approve of a course of action advocated by an elector organization or todisapprove of a course of action advocated by an elector organization.

(2.) In relation to an elector organization, an election campaign is a campaign for any of thefollowing purposes in relation to one or more elections that are being conducted in amunicipality or regional district at the same time, including such a campaign undertakenbefore the elector organization endorses a candidate:(a) to promote the election of a candidate or to oppose the election of a candidate;(b) to approve of a course of action advocated by a candidate or to disapprove of a

course of action advocated by a candidate;(c) to promote the elector organization or its program or to oppose another elector

organization or its program;(d) to approve of a course of action advocated by the elector organization or to

disapprove of a course of action advocated by another elector organization.RS1979-290-84; 1993-54-10; 1999-37-27.

Appointment of financial agent85. (1.) A candidate may appoint one individual as financial agent, who may also be the official

agent of the candidate.(2.) If a financial agent is not appointed for a candidate, the candidate is deemed to be his or

her own financial agent.(3.) An elector organization must appoint one individual as financial agent.(4.) An appointment of a financial agent must

(a) be made in writing and signed by the candidate or authorized official of theelector organization, as applicable,

(b) include the name and address of the person appointed, and(c) be delivered to the chief election officer, or a person designated by the chief

election officer for this purpose, as soon as reasonably possible after theappointment is made or the chief election officer is appointed, whichever occurslater.

(5.) An appointment under this section may only be rescinded in the same manner as theappointment was made.

RS1979-290-85; 1993-54-10; 1999-37-28.

Campaign accounts85.1 The financial agent must

(a) open one or more campaign accounts at a savings institution, exclusively for thepurposes of the election campaign and in the name of the candidate’s or electororganization’s election campaign, as applicable,

(b) ensure that all campaign contributions of money are deposited into the campaignaccounts, and

(c) ensure that all payments for election expenses are made from the campaignaccounts.

1999-37-29.

Restrictions on accepting contributions



and incurring expenses86. (1.) A candidate or elector organization must not accept campaign contributions or incur

election expenses except through the financial agent or a person authorized by thefinancial agent.

(2.) A person must not accept a campaign contribution that the person has reason to believeis made in contravention of this Division.

RS1979-290-86; 1993-54-10.

Restrictions on making campaign contributions

87. (1.) A person or unincorporated organization must not do any of the following:(a) make a campaign contribution to a candidate or elector organization except by

making it to the financial agent or a person authorized by the financial agent;(b) make an anonymous campaign contribution that has a value of more than $50;(c) make a number of anonymous campaign contributions to the same candidate for

the election campaign if, in total, the campaign contributions would be equal invalue to more than $50;

(d) make a number of anonymous campaign contributions to the same electororganization in relation to one or more elections that are conducted at the sametime in a regional district or municipality if, in total, the campaign contributionswould be equal in value to more than $50;

(e) make a campaign contribution indirectly by giving the money, property orservices to a person or unincorporated organization for that person ororganization to make as a campaign contribution.

(2.) If a candidate or elector organization is given an anonymous campaign contribution thatexceeds the limit established by subsection (1), the candidate or elector organizationmust give the campaign contribution to the municipality or regional district for which theelection is being held for the use of that municipality or regional district in the discretionof its local government.

RS1979-290-87; 1993-54-10.

Financial agent must record contributions and expenses

88. (1.) For the purposes of complying with the reporting requirements of this Division, a financialagent must record the following for each campaign contribution made to the candidate orelector organization for whom the financial agent is acting:(a) the value of the contribution;(b) the date on which the contribution was made;(c) the full name and address of the contributor, unless it is an anonymous

contribution;(d) the class of the contributor as described in subsection (3);(e) if the contributor is a numbered corporation or an unincorporated organization,

the full names and addresses of at least 2 individuals(i) who are directors of the organization, or(ii) if there are no individual directors, who are principal officers or principal

members of the organization.(2.) Subsection (1) does not apply to campaign contributions of services referred to in section



89 (2) [services deemed to have nil value].(3.) Contributors must be classified as follows:

(a) individuals;(b) corporations;(c) unincorporated organizations engaged in business or commercial activity;(d) trade unions;(e) non-profit organizations;(f) other contributors.

(4.) The financial agent must maintain records of election expenses sufficient to meet therequirements of this Division.

(5.) The records required by this section must be retained by the financial agent, candidateor elector organization until 7 years after general voting day for the election to which theyrelate.

1999-37-30.

Valuation of campaign contributions and election expenses

89. (1.) Unless otherwise provided, the value of property or services used by or provided to acandidate or elector organization is(a) the actual amount paid or to be paid, if this is equal to or greater than the fair

market value of the property or use of the property or of the services, or(b) the fair market value of the property or the use of the property or of the services,

if no price is paid or to be paid or if the price is less than the fair market value.(2.) The value of the following services is deemed to be nil:

(a) services provided by a volunteer within the meaning of subsection (3);(b) services provided by a financial agent to comply with the requirements of this

Part;(c) professional services provided to comply with the requirements of this Part;(d) free election advertising space provided to a candidate or elector organization in

a periodical publication if the advertising space is made available on anequitable basis to all other candidates.

(3.) A volunteer is an individual who provides services for no remuneration or materialbenefit, but does not include(a) an individual who is self-employed if the services provided are normally sold or

otherwise charged for by the individual, or(b) an individual if the employer of the individual makes the services available at the

employer’s expense.(4.) If a person provides property or services to a candidate or elector organization for use in

an election campaign at less than the fair market value of the property or services, theperson is deemed to have made a campaign contribution of the difference between thefair market value and the amount charged.

(5.) If a debt owed by a candidate or elector organization for an election expense remainsunpaid 6 months or more after becoming due, the amount due is deemed to be acampaign contribution unless the creditor has commenced legal proceedings to recoverthe debt.

RS1979-290-89; 1993-54-10.



Transfer of candidate’s surplus campaign funds

89.1 (1.) This section applies if, after the election and after the payment of a candidate’s electionexpenses and any other reasonable expenses incidental to the candidate’s electioncampaign, there is a balance remaining in an account referred to in section 85.1 [campaign accounts] for the candidate.

(2.) If the candidate made campaign contributions in relation to his or her election campaign,the financial agent may refund the campaign contributions to the candidate, to the extentthat the total balance in the accounts permits this.

(3.) If, after any refund under subsection (2), the total balance in the accounts is less than$500, the financial agent may pay the balance to the candidate or in accordance with thedirections of the candidate.

(4.) If, after any refund under subsection (2), the total balance in the accounts is $500 ormore, the financial agent of the candidate must pay the balance as soon as practicableto the municipality or regional district for which the election was held.

(5.) Funds received by a municipality or regional district under subsection (4), includingaccumulated interest, must be held in trust by the municipality or regional district to bedealt with as follows:(a) if the person in respect of whom they were paid is a candidate within the

meaning of section 74 [declaration of candidates] in an election for themunicipality or regional district in the next general local election or in aby-election called before that time, the municipality or regional district must paythe funds to the financial agent of the candidate for use in the election;

(b) if the funds are not paid out under paragraph (a), the funds cease to be trustfunds and become part of the general revenue of the municipality or regionaldistrict.

1999-37-31.


Duty to file disclosure statement90. (1.) Within 120 days after general voting day for an election, the financial agent of

(a) each person who was declared to be a candidate under section 74, and(b) each elector organizationmust file with the designated local government officer a disclosure statement inaccordance with this section.

(2.) The candidate or elector organization must ensure that the financial agent files adisclosure statement in accordance with this section.

(3.) For certainty, a disclosure statement is required even if the candidate receives nocampaign contributions, incurs no election expenses, is acclaimed, dies, withdraws fromthe election or is declared by a court to no longer be a candidate.

(4.) A disclosure statement must include the following in relation to the election campaign ofthe candidate or elector organization:(a) the total amount of campaign contributions;(b) for each person or unincorporated organization who made a campaign

contribution of $100 or more, the information referred to in section 88 (1) (a) to



(e) [records of contributions] other than the address of an individual;(c) for each anonymous campaign contribution that was given to the municipality or

regional district under section 87 (2), the information referred to in section 88 (1)(a) and (b) [records of contributions];

(d) for contributions not referred to in paragraph (b) or (c), the total value of thecampaign contributions received and the total number of contributors from whomthey were received;

(e) the total amount of election expenses;(f) the total amount of election expenses in each class prescribed by regulation

under section 156;(g) any transfers received from the municipality or regional district under section

89.1 (5) (a) [transfer of candidate’s surplus election funds];(h) any balance for a candidate as referred to in section 89.1 (1) [candidate’s

surplus election funds], or any equivalent deficit, on the day the report isprepared;

(i) if there was a surplus as referred to in section 89.1 (1) [candidate’s surpluselection funds], how that surplus was dealt with;

(j) any other information required by regulation under section 156.(5.) For the purposes of this section, if a person or unincorporated organization makes more

than one campaign contribution to a candidate or elector organization, the person ororganization is deemed to have made a single campaign contribution in an amount equalto the total value of the actual campaign contributions.

(6.) The disclosure statement must be accompanied by solemn declarations of the financialagent and of the candidate or elector organization official identified under section 79 (3)(f) [chief official of organization] that, to the best of the knowledge, information and beliefof the person making the declaration,(a) the disclosure statement completely and accurately discloses the required

information, and(b) the requirements of this Division have been met in relation to the election

campaign of the candidate or elector organization, as applicable.1999-37-32.

Duty to file supplementary reports90.1 (1.) A supplementary report must be filed with the designated local government officer within

30 days after the financial agent, or the candidate or elector organization for whom adisclosure statement was filed, becomes aware that(a) any of the information reported in the disclosure statement has changed, or(b) the disclosure statement did not completely and accurately disclose the

information required to be included in the disclosure statement.(2.) A supplementary report under this section must

(a) report the new information in accordance with the requirements of section 90 [disclosure statements], and

(b) state the circumstances that have led to the filing of the report.(3.) A supplementary report under this section must be accompanied by solemn declarations

of the financial agent and of the candidate or elector organization official identified undersection 79 (3) (f) [chief official of organization] that, to the best of the knowledge,information and belief of the person making the declaration,



(a) the report completely and accurately discloses the required information, and(b) the requirements of this Division have been met in relation to the election

campaign of the candidate or elector organization, as applicable.1999-37-32.

Late filing of disclosure statements90.2 The disqualifications under sections 92 [candidate disqualification for failure to file

disclosure statement] and 92.1 [elector organization disqualification for failure to filedisclosure statement] do not apply in the following circumstances:(a) if the disclosure statement is filed within 30 days after the time period

established by section 90 (1) [duty to file disclosure statement] and a late filingpenalty of $500 is paid to the municipality or regional district;

(b) if an order under section 91 relieves the candidate or elector organization fromthe obligation to file the disclosure statement;

(c) if(i) an order under section 91 does not relieve the candidate or elector

organization from the obligation to file the disclosure statement but doesprovide other relief, and

(ii) the disclosure statement complies with the order and is filed by the endof the late filing period under paragraph (a) or the time set for filing bythe order, as applicable.

1999-37-32.

Court order for relief from filing obligations

91. (1.) A candidate or elector organization may apply to the Supreme Court in accordance withthis section for relief from an obligation to file a disclosure statement or supplementaryreport.

(2.) An application in relation to a disclosure statement must be made before the end of thelate filing period, but an application in relation to a supplementary report may be made atany time.

(3.) No later than 7 days after a petition commencing an application is filed in the courtregistry, it must be served on the municipality or regional district in relation to which theelection was held.

(4.) No later than 14 days after the petition is filed, the applicant must apply to have thematter set down for hearing by the Supreme Court and the date set by the court forhearing must be no later than 28 days after the petition is filed.

(5.) On the hearing of an application, the court may do the following:(a) relieve the candidate or elector organization

(i) from the obligation to file the disclosure statement or supplementaryreport, or

(ii) from specified obligations in relation to the statement or report,if the court considers that, in relation to the non-compliance, the financial agentand, if applicable, the candidate have acted in good faith;

(b) grant an extension of the time for filing if the court considers that, in relation tothe non-compliance, the financial agent and, if applicable, the candidate haveacted in good faith;



(c) make any additional order the court considers appropriate to secure compliancewith this Division to the extent the court considers reasonable in thecircumstances;

(d) refuse to grant an extension or other relief.(6.) If the court grants an extension under subsection (5) (b) for a disclosure statement, the

order must specify whether the penalty referred to in section 90.2 (a) [late filing period]must be paid in order for the statement to be filed.

1999-37-32.

Candidate disqualification for failure to file disclosure statement

92. (1.) Unless a court order under section 91 [court order for relief] relieves the candidate fromthe obligation to file a disclosure statement, a candidate for whom the disclosurestatement is not filed before the end of the late filing period is subject to the followingpenalties:(a) in the case of a candidate who is declared elected, at the applicable time under

subsection (2) the council member ceases to hold office and the seat of themember becomes vacant;

(b) in all cases, from the applicable time under subsection (2) the person isdisqualified from being nominated for, elected to or holding office on a localgovernment, the council of the City of Vancouver or a board of school trustees,or as a local trustee of the Islands Trust, until after the next general localelection.

(2.) The time at which a candidate becomes subject to the penalties under subsection (1) isas follows:(a) if no application under section 91 is commenced, at the end of the late filing

period;(b) if an application under section 91 is commenced but the matter is not set for

hearing in accordance with section 91 (4), 15 days after the petition was filed;(c) if, on an application under section 91, the Supreme Court refuses to grant relief

from the obligation to file the disclosure statement, at the time of that decision;(d) if, on an application under section 91, the Supreme Court grants relief but the

candidate does not comply with the court order, at the end of the late filingperiod or at the time set for filing by the order, as applicable.

(3.) If a person who is subject to subsection (2) (c) or (d) appeals the decision of theSupreme Court, the appeal does not operate to stay the penalties under this section.

(4.) On the final determination of an appeal, if the court relieves the candidate from theobligation to file the disclosure statement, or grants other relief and the candidatecomplies with the court order,(a) if the term of office for which the candidate was elected has not ended,

(i) the candidate is entitled to take office for any unexpired part of the term,and

(ii) if the candidate exercises this right, any person currently holding theoffice ceases to hold office, and

(b) the candidate is entitled to be elected at any following election if otherwisequalified.

1999-37-32.



Elector organization disqualification for failure to file disclosure statement

92.1 (1.) Unless a court order under section 91 [court order for relief] relieves the electororganization from the obligation to file a disclosure statement, an elector organization forwhom the disclosure statement is not filed before the end of the late filing period isdisqualified from endorsing a candidate under section 79 of this Act, section 51 of the Vancouver Charter, or those sections as they apply for the purposes of another Act, untilafter the next general local election.

(2.) The time at which an elector organization becomes subject to the penalty undersubsection (1) is as follows:(a) if no application under section 91 is commenced, at the end of the late filing

period;(b) if an application under section 91 is commenced but the matter is not set for

hearing in accordance with section 91 (4), 15 days after the petition was filed;(c) if, on an application under section 91, the Supreme Court refuses to grant relief

from the obligation to file the disclosure statement, at the time of that decision;(d) if, on an application under section 91, the Supreme Court grants relief but the

elector organization does not comply with the court order, at the end of the latefiling period or at the time set for filing by the order, as applicable.

(3.) If an elector organization that is subject to subsection (2) (c) or (d) appeals the decisionof the Supreme Court, the appeal does not operate to stay the penalty under this section.

1999-37-32.

Public notice of failure to file92.2 (1.) Reports respecting the following must be presented at an open meeting of the local

government of the municipality or regional district in relation to which the election washeld:(a) the name of any candidate or elector organization for whom a disclosure

statement is not filed within the time period under section 90 (1) [duty to filedisclosure statement];

(b) the name of any candidate or elector organization for whom a disclosurestatement is not filed by the end of the late filing period;

(c) the name of any candidate who is subject to a penalty under section 92 [candidate disqualification for failure to file] or any elector organization that issubject to a penalty under section 92.1 [organization disqualification for failure tofile].

(2.) A report under subsection (1) must be presented as soon as practicable after the localgovernment officer assigned responsibility under section 198 [corporate administration]becomes aware of the applicable circumstances referred to in that subsection.

(3.) The local government officer assigned responsibility under section 198 [corporateadministration] must send to the inspector a copy of any report under subsection (1) (c),together with a copy of the nomination under section 72 (1) for the candidate or a copy ofthe solemn declaration under section 79 (2) [endorsement declaration] for the electororganization, as applicable.

1999-37-32.

Disqualification list



92.3 The inspector must have available for public inspection a list of the individuals andorganizations identified in a report under(a) section 92.2 (3) [report to inspector respecting disqualification for failure to file

disclosure statement],(b) section 64.2 (3) of the Vancouver Charter, or(c) a section referred to in paragraph (a) or (b) as it applies for the purposes of

another Act.1999-37-32.

Candidate disqualification for false or incomplete reports

92.4 (1.) Subject to subsection (3), if(a) a disclosure statement for a candidate does not comply with the requirements of

section 90 (4), subject to any relief in relation to those requirements provided bycourt order under section 91, or

(b) a supplementary report for a candidate does not comply with the requirements ofsection 90.1 (2), subject to any relief in relation to those requirements providedby court order under section 91,

the candidate is disqualified from being nominated for, elected to or holding office on alocal government, the council of the City of Vancouver or a board of school trustees, oras a local trustee of the Islands Trust, until after the next general local election.

(2.) For certainty, if a candidate is disqualified by reason of subsection (1) (a), the filing of asupplementary report does not relieve the candidate from the disqualification.

(3.) A candidate is not disqualified under subsection (1) if he or she exercised due diligenceto ensure that the applicable requirements were met.

1999-37-32.

Elector organization disqualification for false or incomplete reports

92.5 (1.) Subject to subsection (3), if(a) a disclosure statement for an elector organization does not comply with the

requirements of section 90 (4), subject to any relief in relation to thoserequirements provided by court order under section 91, or

(b) a supplementary report for an elector organization does not comply with therequirements of section 90.1 (2), subject to any relief in relation to thoserequirements provided by court order under section 91,

the elector organization is disqualified from endorsing a candidate under section 79 ofthis Act or section 51 of the Vancouver Charter, or those sections as they apply for thepurposes of another Act, until after the next general local election.

(2.) For certainty, if an elector organization is disqualified by reason of subsection (1) (a), thefiling of a supplementary report does not relieve the elector organization from thedisqualification.

(3.) An elector organization is not disqualified under subsection (1) if its financial agentexercised due diligence to ensure that the applicable requirements were met.

1999-37-32.

Disclosure statements and supplementary reports



to be available for public inspection93. (1.) The disclosure statements and signed declarations under section 90 and the

supplementary reports and signed declarations under section 90.1 must be available forpublic inspection in the local government offices during its regular office hours from thetime of filing until 7 years after general voting day for the election to which they relate.

(2.) Before inspecting a document referred to in subsection (1), a person other than a localgovernment officer or employee acting in the course of duties must sign a statement thatthe person will not inspect the document or use the information in it except for thepurposes of this Part.

1999-37-32.

Part 3: Division 9 – Voting Opportunities

Voting opportunities for electors94. An elector who meets the applicable qualifications may vote in an election at one of the

following voting opportunities:(a) on general voting day at a required general voting opportunity or at an additional

general voting opportunity, if any;(b) at a required advance voting opportunity or at an additional advance voting

opportunity, if any;(c) at a special voting opportunity, if any;(d) by mail ballot, if this is available for the jurisdiction.

RS1979-290-94; 1993-54-10.

Required general voting opportunities

95. (1.) As soon as reasonably possible after the declaration of an election by voting, the chiefelection officer must designate voting places for general voting day.

(2.) If neighbourhood constituencies or municipal voting divisions are established, the chiefelection officer must specify which of the voting places under subsection (1) is to be usedon general voting day for each neighbourhood constituency or municipal voting division.

(3.) The voting places under subsection (1) must be open on general voting day from 8 a.m.to 8 p.m. to all electors entitled to vote, subject to the restrictions regarding where aperson may vote if municipal voting divisions or neighbourhood constituencies areestablished.

RS1979-290-95; 1993-54-10.

Additional general voting opportunities

96. (1.) A local government may, by bylaw,(a) establish or authorize the chief election officer to establish additional voting

opportunities for general voting day, and(b) designate the voting places and set the voting hours for these voting

opportunities or authorize the chief election officer to do this.(2.) As a limit on subsection (1), the voting hours established for an additional general voting

opportunity must not extend later than 8 p.m. on general voting day.



(3.) The chief election officer must give notice of an additional general voting opportunity inany manner the chief election officer considers appropriate, including in the notice thedate, place and voting hours for the voting opportunity.

RS1979-290-96; 1993-54-10.

Required advance voting opportunities97. (1.) In order to vote at an advance voting opportunity, an elector must come within at least

one of the following circumstances:(a) the elector expects to be absent from the municipality or regional district

electoral area for which the election is to be held on general voting day;(b) the elector will be unable to vote on general voting day for reasons of

conscience;(c) the elector will not be able to attend at a voting place on general voting day for

reasons beyond the elector’s control;(d) the elector has a physical disability or is a person whose mobility is impaired;(e) the elector is a candidate or candidate representative;(f) the elector is an election official.

(2.) At least 2 advance voting opportunities must be held for an election by voting,(a) one on the 10th day before general voting day, and(b) the other on another date which the local government must establish by bylaw.

(3.) As an exception to subsection (2) in relation to a jurisdiction with a population of 5 000 orless, the local government may, by bylaw, provide that the advance voting opportunityreferred to in subsection (2) (b) is not to be held for the jurisdiction.

(4.) Voting hours for the required advance voting opportunities must be from 8 a.m. to 8 p.m.(5.) As soon as reasonably possible after the declaration of an election by voting, the chief

election officer must designate voting places for the required advance votingopportunities.

(6.) At least 6 but not more than 30 days before a required advance voting opportunity, thechief election officer must give notice in accordance with section 44 [public notices] of(a) the date, location of the voting places and voting hours for the voting opportunity,(b) the documents that will be required in order for a person to register as an elector

at the time of voting, and(c) the place where persons may apply on an advance voting day for non-resident

property elector certificates required in order to register at the time of voting.RS1979-290-97; 1993-54-10; 1999-37-33.

Additional advance voting opportunities98. (1.) A local government may, by bylaw,

(a) establish or authorize the chief election officer to establish dates for additionalvoting opportunities in advance of general voting day, and

(b) designate the voting places and set the voting hours for these votingopportunities or authorize the chief election officer to do this.

(2.) In order to vote at an additional advance voting opportunity, a person must come withinat least one of the circumstances referred to in section 97 (1).

(3.) The chief election officer must give notice of an additional advance voting opportunity inany manner the chief election officer considers appropriate, including in the notice thedate, place and voting hours for the voting opportunity.



RS1979-290-98; 1993-54-10.

Special voting opportunities99. (1.) In order to give electors who may otherwise be unable to vote an opportunity to do so, a

local government may, by bylaw, establish one or more special voting opportunitiesunder this section.

(2.) A bylaw under subsection (1) may do one or more of the following for each special votingopportunity:(a) for the purpose referred to in subsection (1), establish restrictions on persons

who may vote at the special voting opportunity;(b) establish procedures for voting and for conducting the voting proceedings that

differ from those established under other provisions of this Part;(c) limit, or authorize the chief election officer to limit, the number of candidate

representatives who may be present at the special voting opportunity;(d) establish, or authorize the chief election officer to establish, the date and voting

hours when and the place where the special voting opportunity is to beconducted.

(3.) At least one candidate representative is entitled to be present at a special votingopportunity for the election, with that candidate representative chosen by agreement ofthe candidates for that election or, failing such agreement, by the chief election officer.

(4.) The voting hours established under subsection (2) (d) for a special voting opportunitymust not extend later than 8 p.m. on general voting day.

(5.) A special voting opportunity may be conducted at a location outside the boundaries ofthe jurisdiction.

(6.) The chief election officer must give notice of a special voting opportunity in any mannerthe chief election officer considers will give reasonable notice to the electors who will beentitled to vote at it.

(7.) The notice of a special voting opportunity must include the following:(a) the date, the location and the voting hours for the special voting opportunity;(b) any restrictions on who may vote at the special voting opportunity;(c) any special procedures involved.

RS1979-290-99; 1993-54-10.

Mail ballot voting100. (1.) Subject to this section and any regulations under section 156, a local government may,

by bylaw, permit voting to be done by mail ballot and, in relation to this, may permitelector registration to be done in conjunction with this voting.

(2.) For a municipality, the only electors who may vote by mail ballot are persons who have aphysical disability, illness or injury that affects their ability to vote at another votingopportunity.

(3.) For a regional district, the only electors who may be permitted to vote by mail ballot are(a) persons who have a physical disability, illness or injury that affects their ability to

vote at another voting opportunity, and(b) if areas are specified for this purpose in the bylaw under subsection (1), persons

who reside in a specified area of the jurisdiction for which the election is beingheld that is remote from voting places at which they are entitled to vote.

(4.) A bylaw under subsection (1) may



(a) establish procedures for voting and registration that differ from those establishedunder other provisions of this Part, and

(b) establish, or authorize the chief election officer to establish, time limits in relationto voting by mail ballot.

(5.) The chief election officer must give notice of an opportunity to vote by mail ballot in anymanner the chief election officer considers will give reasonable notice to the electors whowill be entitled to vote by this means.

(6.) The procedures for voting by mail ballot must require the chief election officer to keepsufficient records so that challenges of an elector’s right to vote may be made inaccordance with the intent of section 116.

(7.) Mail ballot packages must contain the following:(a) the ballot or ballots to which an elector is entitled;(b) a secrecy envelope that has no identifying marks, in which the ballots are to be

returned;(c) a certification envelope on which is printed the information referred to in

subsection (8) for completion by the person voting, in which the secrecyenvelope is to be placed;

(d) an outer envelope on which is printed the address of the chief election officer atthe local government offices and in which the envelopes under paragraphs (b)and (c) and, if applicable, the registration application under paragraph (e) are tobe returned;

(e) if permitted by the bylaw under subsection (1), an application for registration asan elector, to be completed if necessary and returned in the outer envelope;

(f) instructions as to how to vote by mail ballot.(8.) The certification envelope must be printed

(a) with spaces in which the person voting is to record his or her full name andresidential address, and

(b) with a statement to be signed by the person voting declaring that the person(i) is entitled to be registered as an elector for the election,(ii) is entitled to vote by mail ballot, and(iii) has not previously voted in the election and will not afterwards vote

again in the election.(9.) In order to be counted for an election, a mail ballot must be received by the chief election

officer before the close of voting on general voting day and it is the obligation of theperson applying to vote by mail ballot to ensure that the mail ballot is received by thechief election officer within this time limit.

RS1979-290-100; 1993-54-10.

Part 3: Division 10 – Arrangements for Voting

Voting places101. (1.) So far as reasonably possible, voting places must be easily accessible to persons who

have a physical disability or whose mobility is impaired.(2.) A voting place for a required general voting opportunity must not be outside the

boundaries of the jurisdiction unless one of the following circumstances applies:(a) at least one voting place for that voting opportunity is within the boundaries;



(b) there are no facilities as described in subsection (1) available within theboundaries or there are facilities outside the boundaries that are moreaccessible as described in that subsection;

(c) the chief election officer considers that the location will be more convenient for amajority of electors of the jurisdiction.

(3.) A voting place for an additional general voting opportunity or for an advance votingopportunity may be outside the boundaries of the jurisdiction.

RS1979-290-101; 1993-54-10.

Use of voting machines102. (1.) A local government may, by bylaw, provide for the use of automated voting machines,

voting recorders or other devices for voting in an election, subject to any requirements,limits and conditions established by regulation under section 156.

(2.) A bylaw under subsection (1) must include the following:(a) procedures for how to vote, to be used in place of those established by section

119;(b) the form of ballot, if this is to be different from the form of ballot otherwise

required by this Act;(c) procedures, rules and requirements regarding the counting of votes, if these are

to be different from those established by Division 13 of this Part.(3.) If a bylaw under subsection (1) includes only provisions referred to in subsection (2), to

the extent there is an inconsistency between the procedures, rules and requirementsestablished by the bylaw and the procedures, rules and requirements established by orunder this Part, the bylaw prevails.

(4.) If a bylaw under subsection (1) includes provisions other than those referred to insubsection (2) and is approved by the minister, to the extent that there is aninconsistency between the procedures, rules and requirements established by the bylawand the procedures, rules and requirements established by or under this Part, the bylawprevails.

RS1979-290-102; 1993-54-10; 1999-37-34.

Municipal voting divisions103. (1.) A council may, by bylaw,

(a) establish municipal voting divisions, or(b) authorize the designated municipal officer or chief election officer to establish

municipal voting divisions.(2.) The authority under subsection (1) is subject to any requirements, limits and conditions

established by regulation under section 156.(3.) Subject to subsection (4), if municipal voting divisions are established,

(a) electors who reside in a municipal voting division, and(b) electors who are non-resident property electors in relation to property within the

voting divisionmay vote on general voting day only at the voting place specified for that voting division.

(4.) The restriction under subsection (3) does not apply to voting at an additional generalvoting opportunity or a special voting opportunity.

(5.) The notice of election under section 77 must include the following additional informationif municipal voting divisions are established:



(a) that municipal voting divisions will be used in the election;(b) that electors residing in a municipal voting division or who are non-resident

property electors in relation to property within that voting division will be entitledto vote on general voting day only at the voting place specified for the votingdivision unless they are voting at an additional general voting opportunity or aspecial voting opportunity, if any is offered;

(c) either(i) the boundaries of each municipal voting division and the voting place for

each division, or(ii) how electors can obtain information as to where they are entitled to vote

on general voting day.(6.) The chief election officer may provide additional notice to electors in a municipal voting

division of the voting place where they are entitled to vote.RS1979-290-103; 1993-54-10; 1994-52-63; 1998-34-28; 1999-37-35.

Form of ballots104. (1.) The chief election officer must establish the form of ballots to be used in an election.

(2.) Without limiting subsection (1), the chief election officer may do either or both of thefollowing:(a) determine that composite ballots are to be used, on which an elector’s votes on

2 or more elections may be indicated;(b) determine that ballots are to be in the form of a ballot set, in which ballots for

more than one election are packaged together.RS1979-290-104; 1993-54-10.

What must and must not be included on a ballot

105. (1.) A ballot for an election must include the following:(a) instructions as to the number of candidates to be elected to the office;(b) instructions as to the appropriate mark to make a valid vote for a candidate;(c) the full name of each candidate or, if a candidate specified a different usual

name in the nomination documents, this usual name;(d) if applicable, the name, abbreviation or acronym of the endorsing elector

organization for a candidate, as shown on the nomination documents for thecandidate.

(2.) As an exception to subsection (1) (d), if the name, abbreviation or acronym referred to inthat paragraph is too long to be reasonably accommodated on the ballot, the chiefelection officer may, after consulting with a director or other official of the electororganization, use a shorter name, abbreviation or acronym that, in the opinion of thechief election officer, identifies the elector organization.

(3.) A ballot for an election must not include any of the following:(a) an indication that a candidate is holding or has held an elected office;(b) a candidate’s occupation;(c) an indication of a title, honour, degree or decoration received or held by a

candidate.RS1979-290-105; 1993-54-10.



Order of names on ballot106. (1.) Unless a bylaw under section 107 is adopted,

(a) the names of the candidates must be arranged alphabetically by their surnames,and

(b) if 2 or more candidates have the same surname, the names of those candidatesmust be arranged alphabetically in order of their first given names.

(2.) If 2 or more candidates(a) have the same surnames and given names, or(b) have names so similar that, in the opinion of the chief election officer, they are

likely to cause confusion,the chief election officer, after receiving the approval of these candidates, may include onthe ballot additional information to assist the electors to identify the candidates, subjectto the restrictions under section 105 (3).

(3.) The chief election officer’s decision on the order of names on a ballot is final.RS1979-290-106; 1993-54-10.

Order of names on ballot determined by lot

107. (1.) A local government may, by bylaw, permit the order of names on a ballot to bedetermined by lot in accordance with this section.

(2.) The chief election officer must notify all candidates as to the date, time and place whenthe determination is to be made.

(3.) The only persons who may be present at the determination are the candidates, or theirofficial agents, and any other persons permitted to be present by the chief electionofficer.

(4.) The procedure for the determination is to be as follows:(a) the name of each candidate is to be written on a separate piece of paper, as

similar as possible to all other pieces prepared for the determination;(b) the pieces of paper are to be folded in a uniform manner in such a way that the

names of the candidates are not visible;(c) the pieces of paper are to be placed in a container that is sufficiently large to

allow them to be shaken for the purpose of making their distribution random, andthe container is to be shaken for this purpose;

(d) the chief election officer is to direct a person who is not a candidate or candidaterepresentative to withdraw the papers one at a time;

(e) the name on the first paper drawn is to be the first name on the ballot, the nameon the second paper is to be the second, and so on until the placing of allcandidates’ names on the ballot has been determined.

RS1979-290-107; 1993-54-10.

Ballot boxes108. (1.) Ballot boxes for an election may be any box or other appropriate receptacle that is

constructed so that ballots can be inserted but not withdrawn unless the ballot box isopened.

(2.) Separate ballot boxes must be used for each of the following:(a) ballots used to vote at required general voting opportunities;(b) ballots used to vote at additional general voting opportunities;



(c) ballots used to vote at advance voting opportunities;(d) ballots used to vote at special voting opportunities;(e) mail ballots used to vote.

(3.) A ballot box used at one type of voting opportunity referred to in subsection (2) (a) to (e)may be used again at another voting opportunity of the same type.

RS1979-290-108; 1993-54-10.

Part 3: Division 11 – Conduct of Voting Proceedings

Persons who must be present at voting places

109. (1.) A presiding election official and at least one other election official must be present at alltimes at each voting place during voting hours, except during a suspension of votingunder section 122.

(2.) If an election official does not attend at a voting place as expected, the presiding electionofficial may appoint a person as an election official in the missing person’s place,whether or not this authority has already been given by or under this Part.

RS1979-290-109; 1993-54-10.

Persons who may be present at voting places

110. (1.) Except as provided in this section, a person must not be present at a voting place whilevoting proceedings are being conducted.

(2.) The following persons may be present at a voting place while voting proceedings arebeing conducted:(a) persons who are present for the purpose of voting and persons in the care of

those persons;(b) persons assisting under section 48 or 121;(c) election officials;(d) the official agent of a candidate in the election and, for each ballot box in use at

that time for receiving ballots for that election, one scrutineer for each candidate,unless a bylaw under subsection (3) permits more to be present;

(e) other persons permitted to be present by the presiding election official.(3.) A local government may, by bylaw, permit more than one scrutineer for each candidate

to be present for each ballot box in use at a voting place while voting proceedings arebeing conducted, subject to any restrictions and conditions specified in the bylaw.

(4.) Other than for the purpose of voting, a candidate must not be present at a voting place orspecial voting opportunity while voting proceedings are being conducted.

(5.) Other than a person attending to vote, a person in the care of a person attending to voteor a peace officer assisting the presiding election official under section 46, each personpresent at a voting place while voting proceedings are being conducted and eachcandidate representative present at a special voting opportunity must make a solemndeclaration to preserve the secrecy of the ballot in accordance with section 113.

RS1979-290-110; 1993-54-10.

Sealing of ballot boxes



containing ballots111. (1.) Before a ballot box is used for ballots, the presiding election official, in the presence of at

least one witness, must inspect the ballot box to ensure that it is empty and seal it insuch a manner that it cannot be opened without breaking the seal.

(2.) After a ballot box is used for ballots, the presiding election official must seal it at thefollowing times in a manner to prevent the addition or withdrawal of ballots:(a) at the close of voting at a voting opportunity;(b) between each addition of mail ballots;(c) if the ballot box becomes full while voting proceedings are being conducted;(d) if voting proceedings are suspended under section 122 or adjourned under

section 47.(3.) In addition to sealing by the presiding election official, candidate representatives are

entitled to add their seals for the purposes of this section.(4.) Unless it is to be used again in accordance with section 108 (3), a ballot box that has

been sealed under this section must remain sealed and unopened until the ballots are tobe counted under Division 13 of this Part.

(5.) Before a ballot box sealed under subsection (2) is to be used again in the election, thepresiding election official must remove the seal in the presence of at least one witness.

RS1979-290-111; 1993-54-10.

Time for voting extended112. (1.) If the start of voting at a place, as set by or under this Part, is delayed and the presiding

election official considers that a significant number of electors would not be able to votewithout an extension under this section, that election official may extend the time for theclose of the voting but the extension must not permit voting for a longer length of timethan would have been permitted had voting not been delayed.

(2.) If, at the time set by or under this Part for the close of voting at a place, there areelectors waiting in or in line outside the place in order to vote, those electors are entitledto vote and the ballot box must remain unsealed until their ballots are deposited.

(3.) No electors other than those referred to in subsection (2) are entitled to vote after theend of the set closing time.

(4.) The decision of the presiding election official as to who is or who is not entitled to voteunder subsection (2) is final and may not be the basis of an application under section143.

(5.) The presiding election official must notify the chief election officer as soon as possible ofany extension of voting under this section.

RS1979-290-112; 1993-54-10.

Part 3: Division 12 – Voting

Voting to be by secret ballot113. (1.) Voting at an election must be by secret ballot.

(2.) Each person present at a place at which an elector exercises the right to vote, includingpersons present to vote, and each person present at the counting of the vote mustpreserve the secrecy of the ballot and, in particular, must not do any of the following:(a) interfere with a person who is marking a ballot;



(b) attempt to discover how another person voted;(c) communicate information regarding how another person voted or marked a

ballot;(d) induce a person, directly or indirectly, to show a ballot in a way that reveals how

the person voted.(3.) The chief election officer must ensure that each voting place has at least one area that is

arranged in such a manner that electors may mark their ballots screened fromobservation by others and without interference.

(4.) An elector may not be required in any legal proceedings to reveal how he or she voted inan election.

RS1979-290-113; 1993-54-10.

Each elector may vote only once114. (1.) A person must not vote more than once in the same election.

(2.) For the purpose of ensuring compliance with subsection (1), the presiding election officialmust ensure that a record is maintained of all persons who receive ballots at the votingproceedings for which the presiding election official is responsible.

RS1979-290-114; 1993-54-10.

Requirements before elector may be given a ballot to vote

115. (1.) A person must meet the following basic requirements in order to obtain a ballot:(a) if the person is not shown on the list of registered electors as having registered

in advance, the person must register in accordance with section 57 or 57.1;(b) if the person is shown on the list of registered electors as having registered in

advance, the person must sign a written declaration that he or she(i) is entitled to vote in the election, and(ii) has not voted before in the same election;

(c) the person must sign the list of registered electors or the voting book, as directedby the presiding election official, giving(i) the person’s name,(ii) the person’s present residential address, and(iii) if the person is a non-resident property elector, the address of the real

property in relation to which the person is voting.(2.) As applicable, the following additional requirements must be met in order to obtain a

ballot:(a) at an advance voting opportunity, the person must also sign a written declaration

that he or she is entitled to vote at that time and stating the circumstances thatentitle the person to vote;

(b) at a special voting opportunity, the person must also sign a written declarationthat he or she is entitled to vote at that time and stating the circumstances thatentitle the person to vote;

(c) if the person is challenged under section 116, the person must also meet therequirements of subsection (3) of that section;

(d) if it appears that another person has already voted in that person’s name, theperson must also meet the requirements of section 117 (2);

(e) if the person requires assistance to mark the ballot, the requirements of section



121 (3) must also be met.(3.) Once the requirements of subsections (1) and (2) have been met, the election official

must give the elector the ballot or ballots to which that elector is entitled.(4.) A person who does not meet the requirements of subsections (1) and (2) is not entitled

to vote and must not be given a ballot.(5.) A voting book or list of registered electors may be prepared in such a manner that all the

applicable requirements of subsection (1) or (2), or both, may be met by entries on thevoting book or list of registered electors.

RS1979-290-115; 1993-54-10; 1994-52-64; 1999-37-36.

Challenge of elector116. (1.) A person’s right to vote may be challenged in accordance with this section at any time

during the procedures under section 115 (1) and (2) to obtain a ballot up until the timethe person receives the ballot.

(2.) A challenge may be made(a) only in person by an election official, a candidate representative or an elector of

the jurisdiction, and(a) only on the basis that the person proposing to vote

(i) is not entitled to vote, or(ii) has contravened section 151 (3).

(3.) In order to receive a ballot, a person whose right to vote has been challenged musteither(a) provide evidence satisfactory to the presiding election official that the person is

entitled to vote, or(b) make a solemn declaration before the presiding election official as to the

person’s entitlement to vote.(4.) The solemn declaration required by subsection (3) (b) must state that the person

(a) meets all the qualifications to be registered as an elector of the jurisdiction,(b) is either registered as an elector of that jurisdiction or is applying at this time to

be registered,(c) is in fact the person under whose name the person is registered or registering as

an elector,(d) has not contravened section 151, and(e) has not voted before in the same election and will not vote again in the same

election.(5.) The presiding election official must keep a record indicating

(a) that the person was challenged,(b) the name of the person who made the challenge, and(c) how the person challenged satisfied the requirement of subsection (3).

RS1979-290-116; 1993-54-10.

If another person has already voted under an elector’s name

117. (1.) This section applies if an elector meets the requirements of section 115 but the votingbook or list of registered electors indicates that another person has already voted usingthe name of the elector.

(2.) In order to obtain a ballot, the person asserting the right to vote as the named elector



must either(a) provide evidence satisfactory to the presiding election official that the person is

the named elector, or(b) make a solemn declaration described in section 116 (4) as to the person’s

entitlement to vote as the named elector.(3.) The presiding election official must keep a record indicating

(a) that a second ballot was issued in the name of the elector, and(b) any challenge under section 116 of the person who obtained the second ballot.

RS1979-290-117; 1993-54-10.

Replacement of spoiled ballot118. (1.) If an elector unintentionally spoils a ballot before it is deposited in a ballot box, the

elector may obtain a replacement ballot by giving the spoiled ballot to the presidingelection official.

(2.) The presiding election official must immediately mark as spoiled a ballot replaced undersubsection (1) and retain the spoiled ballot for return to the chief election officer.

RS1979-290-118; 1993-54-10.

How to vote by ballot119. (1.) After receiving a ballot, an elector must

(a) proceed without delay to a voting compartment provided,(b) while the ballot is screened from observation, mark it by making a cross in the

blank space opposite the name of the candidate or candidates for whom theelector wishes to vote,

(c) fold the ballot to conceal all marks made on it by the elector,(d) leave the voting compartment without delay,(e) deposit the ballot in the appropriate sealed ballot box, and(f) leave the voting place without delay.

(2.) An election official may and, if requested by the elector, must explain to an elector theproper method for voting by ballot.

RS1979-290-119; 1993-54-10.

One person to a voting compartment120. (1.) While an elector is in a voting compartment to mark a ballot, no other person may

observe or be in a position to observe the ballot being marked.(2.) As exceptions to subsection (1),

(a) a person assisting an elector under section 121 may be present with the elector,and

(b) if the presiding election official permits, a person who is in the care of an electormay be present with the elector.

RS1979-290-120; 1993-54-10.

Persons needing assistance to mark their ballots

121. (1.) This section applies to electors who are unable to mark a ballot because of physicaldisability or difficulties with reading or writing.

(2.) An elector referred to in subsection (1) may be assisted in voting by an election official or



by a person accompanying the elector.(3.) In order to receive a ballot to be marked under this section, the following requirements

must be met:(a) the person assisting must sign a written statement giving

(i) the assisting person’s name and residential address,(ii) the name and residential address of the elector being assisted, and(iii) if the elector being assisted is a non-resident property elector, the

address of the real property in relation to which the elector is voting;(b) a person who is not an election official must make a solemn declaration before

the presiding election official that the person will(i) preserve the secrecy of the ballot of the elector being assisted,(ii) mark the ballot in accordance with the wishes of the elector, and(iii) refrain from attempting in any manner to influence the elector as to how

the elector should vote;(c) if assistance is needed because the elector needs a translator to be able to read

the ballot and the instructions for voting, the person assisting must make asolemn declaration in accordance with section 48 (3).

(4.) The person assisting must accompany the elector to the voting compartment or otherplace to be used for voting, must mark the ballot in accordance with the directions of theelector and may, in the presence of the elector, fold the ballot and deposit it in the ballotbox.

(5.) Candidates, candidate representatives and financial agents must not assist in marking aballot.

(6.) A person does not vote by assisting under this section.RS1979-290-121; 1993-54-10; 1994-52-65.

Persons unable to enter a voting place

122. (1.) This section applies to electors who come to a voting place to vote but who are unable toenter the voting place because of physical disability or impaired mobility.

(2.) An elector referred to in subsection (1) may request to vote at the nearest location to thevoting place to which the elector has access.

(3.) If a request is made, the presiding election official or another election official designatedby the presiding election official must attend the elector at the nearest location to thevoting place for the purpose of allowing the elector to meet the requirements undersection 115 to obtain a ballot.

(4.) The election official must ensure that the elector’s marked ballot is placed in theappropriate ballot box, taking whatever steps the official considers necessary to maintainthe secrecy of the ballot.

(5.) The presiding election official may temporarily suspend voting proceedings in order toallow an elector to vote under this section.

(6.) The presiding election official may have separate ballot boxes available for the purposesof this section, and these ballot boxes are not to be considered to be ballot boxes in usefor the purposes of determining the number of candidate representatives who may bepresent at a voting place under section 110.

RS1979-290-122; 1993-54-10.



Part 3: Division 13 – Counting of the Vote


When and where counting is to be done

123. (1.) The counting of the votes on ballots for an election must not take place until the close ofgeneral voting for the election, but must take place as soon as possible after this time.

(2.) The counting of the votes on ballots used for general voting is to be conducted at thevoting place where the ballot boxes containing them are located unless the chief electionofficer directs that the counting is to take place at another location.

(3.) The counting of the votes on ballots other than those referred to in subsection (2) is to beconducted at a place specified by the chief election officer.

(4.) The chief election officer must notify the candidates in an election of any place other thana voting place referred to in subsection (2) at which the counting of the votes for theelection is to be conducted.

RS1979-290-123; 1993-54-10.

Who may be present at counting

124. (1.) A presiding election official and at least one other election official must be present whilecounting proceedings are being conducted.

(2.) Candidates in an election are entitled to be present when counting proceedings for theelection are being conducted.

(3.) For each place where the votes on ballots for an election are being counted, at eachlocation within that place where ballots are being considered, one candidaterepresentative for each candidate in the election is entitled to be present.

(4.) Persons other than those referred to in subsections (2) and (3) and election officialstaking part in the counting may not be present when counting proceedings are beingconducted, unless permitted by the presiding election official.

RS1979-290-124; 1993-54-10.

Who does the counting125. (1.) The counting of the votes on ballots for an election must be conducted by the presiding

election official or, except as limited by subsection (2), by other election officials underthe supervision of the presiding election official.

(2.) The presiding election official must personally deal with all ballots rejected under section129 or objected to under section 130.

RS1979-290-125; 1993-54-10.

Opening of ballot boxes126. (1.) As the first step in the counting of the votes on ballots in a ballot box, the ballot box is to

be opened by an election official in the presence of at least one witness.(2.) If the seals on a ballot box are not intact when it is opened under subsection (1),

(a) the ballots in the ballot box must not be combined under section 127, and



(b) the ballots in the ballot box must be counted separately and a separate ballotaccount and separate ballot packages for the ballots must be prepared.

RS1979-290-126; 1993-54-10.

Combination of ballots for counting

127. (1.) After ballot boxes are opened under section 126, the ballots in them may be combined inaccordance with this section.

(2.) The election official responsible for the counting may combine ballots in different ballotboxes together in a single ballot box as follows:(a) ballots in a ballot box used at a required general voting opportunity may be

combined with ballots in other ballot boxes used at the same required generalvoting opportunity;

(b) ballots in a ballot box used at an additional general voting opportunity may becombined with ballots in other ballot boxes used at the same or anotheradditional general voting opportunity;

(c) ballots in a ballot box used at an advance voting opportunity may be combinedwith ballots in other ballot boxes used at the same or another advance votingopportunity;

(d) ballots in a ballot box used for a special voting opportunity may be combinedwith ballots in other ballot boxes used at the same or another special votingopportunity;

(e) ballots in a ballot box used for mail ballots may be combined with ballots in otherballot boxes used for mail ballots;

(f) if some of the ballots in a ballot box are for a different election than the one forwhich the ballot box was intended, the election official may combine the ballotsthat do not belong in the ballot box with ballots in the appropriate ballot box.

(3.) For the purpose of preserving the secrecy of the ballot, if there would be fewer than 25ballots in a ballot box after combination under subsection (2), the presiding electionofficial may combine those ballots with ballots in any other ballot box.

(4.) Except for combination under this section,(a) the votes on each class of ballots referred to in subsection (2) must be counted

separately from the votes on ballots in any other class, and(b) a separate ballot account under section 131 and separate ballot packages under

section 132 must be prepared for each class of ballots referred to in subsection(2).

RS1979-290-127; 1993-54-10.

Procedures for counting128. (1.) All ballots in each ballot box must be considered in accordance with this section.

(2.) As each ballot for an election is considered, it must be placed in such a manner that thepersons present at the counting are able to see how the ballot is marked.

(3.) Unless rejected under section 129 (4), a mark referred to in section 129 (1) on a ballotfor an election must be accepted and counted as a valid vote.

(4.) Counting must proceed as continuously as is practicable and the votes must berecorded.

(5.) The presiding election official must endorse ballots to indicate the following as



applicable:(a) that the ballot was rejected under section 129 in relation to an election;(b) that the rejection of the ballot was objected to under section 130;(c) that a mark on the ballot was accepted as a valid vote but the acceptance was

objected to under section 130.(6.) An endorsement under subsection (5) must be made at the time the presiding election

official considers the ballot and in such a manner that it does not alter or obscure theelector’s marking on the ballot.

RS1979-290-128; 1993-54-10.

Rules for accepting votes and rejecting ballots

129. (1.) The following are marks that are to be accepted and counted as valid votes for anelection unless the ballot is rejected under subsection (4):(a) a mark of the type required by section 119 (1) (b);(b) a tick mark that is placed in the location required by section 119 (1) (b);(c) a mark of the type required by section 119 (1) (b) that is out of or partly out of the

location on the ballot in which it is required to be put by that provision, as long asthe mark is placed in such a manner as to indicate clearly the intent of theelector to vote for a particular candidate;

(d) a tick mark that is placed as described in paragraph (c).(2.) A mark on a ballot other than a mark referred to in subsection (1) must not be accepted

and counted as a valid vote.(3.) If a ballot is in the form of a composite ballot under section 104 (2) (a), for the purposes

of subsections (1) and (2) of this section each portion of the ballot that deals with a singleelection is to be considered a separate ballot.

(4.) Ballots must be rejected as invalid in accordance with the following:(a) a ballot must be rejected in total if it appears that the ballot physically differs from

the ballots provided by the chief election officer for the election;(b) a ballot must be rejected in total if there are no marks referred to in subsection

(1) on it;(c) a ballot must be rejected in total if the ballot is uniquely marked, or otherwise

uniquely dealt with, in such a manner that the elector could reasonably beidentified;

(d) a ballot must be rejected in total if more than one form of mark referred to insubsection (1) is on the ballot;

(e) a ballot is to be rejected in relation to an election if there are more marksreferred to in subsection (1) for the election on the ballot than there arecandidates to be elected.

(5.) In the case of a ballot that is part of a ballot set under section 104 (2) (b), the ballot is notto be rejected under subsection (4) (a) solely on the basis that the ballot is part of anincomplete ballot set or that the ballot has become separated from its ballot set.

RS1979-290-129; 1993-54-10.

Objections to the acceptance of a vote or the rejection of a ballot

130. (1.) A candidate or candidate representative may object to a decision to accept a vote or



reject a ballot, with the objection recorded in accordance with section 128 (5) and (6).(2.) An objection must be made at the time the ballot is considered.(3.) The decision of the presiding election official regarding the acceptance of a vote or the

rejection of a ballot may not be challenged except as provided in this section and thedecision may only be changed by the chief election officer under section 135 or on ajudicial recount.

RS1979-290-130; 1993-54-10.


Ballot account131. (1.) Once all counting at a place is completed, ballot accounts for each election must be

prepared in accordance with this section and signed by the presiding election official.(2.) A ballot account must include the following:

(a) the office to be filled by the election;(b) the number of valid votes for each candidate in the election;(c) the number of ballots received by the presiding election official from the chief

election officer for use at the voting opportunity;(d) the number of ballots given to electors at the voting opportunity;(e) the number of ballots for which marks were accepted as valid votes for the

election without objection;(f) the number of ballots for which marks were accepted as valid votes, subject to

an objection under section 130;(g) the number of ballots rejected as invalid without objection;(h) the number of ballots rejected as invalid, subject to an objection under section

130;(i) the number of spoiled ballots that were cancelled and replaced under section

118;(j) the number of unused ballots;(k) the number of ballots added under section 127 (3) to the ballots for which the

ballot account is prepared;(l) the number of ballots not accounted for.

(3.) A copy of the ballot account must be prepared and signed by the presiding electionofficial and included with the election materials under section 133.

RS1979-290-131; 1993-54-10.

Packaging of ballots132. (1.) The presiding election official, or an election official under the supervision of the

presiding election official, must separately package each of the following classes ofballots for delivery to the chief election officer:(a) ballots that were rejected in total, subject to an objection regarding the rejection;(b) ballots that were rejected in part, subject to an objection regarding the rejection

or regarding the acceptance of a vote;(c) ballots that were subject to an objection regarding the acceptance of a vote,

unless included in a package under paragraph (b);(d) ballots that were rejected in total without objection;



(e) ballots that were rejected in part without objection to the rejection or theacceptance of a vote;

(f) ballots for which all votes were accepted without objection;(g) spoiled ballots that were cancelled and replaced under section 118;(h) unused ballots.

(2.) Each ballot package must be clearly marked as to its contents and sealed by thepresiding election official.

(3.) Candidates and candidate representatives present at the proceedings are entitled to addtheir seals to a ballot package.

(4.) If ballot boxes are used as ballot packages, they must be sealed in accordance withsection 111.

RS1979-290-132; 1993-54-10.

Delivery of election materials to chief election officer

133. (1.) After the ballot accounts are completed and the sealed ballot packages prepared, thefollowing must be placed in ballot boxes from which the counted ballots were taken:(a) the sealed ballot packages, if these are not ballot boxes themselves;(b) the copy of the ballot account prepared under section 131 (3);(c) the voting books;(d) any copies of the list of registered electors used for the purposes of voting

proceedings;(e) any records required by or under this Part to be made during voting proceedings;(f) any stubs for ballots given to electors;(g) any solemn declarations taken and any signed written statements required by or

under this Part in relation to voting proceedings.(2.) The ballot boxes in which the election materials are placed must be sealed in

accordance with section 111 and must not be opened until after the declaration of theresults of the election under section 136 except by the chief election officer for thepurposes of section 135 (4).

(3.) If votes for an election are counted at more than one place, the presiding election officialmust deliver to the chief election officer, in the manner instructed by the chief electionofficer, the original of the ballot account, the sealed ballot boxes and all other ballotboxes in the custody of the presiding election official.

RS1979-290-133; 1993-54-10.

Preliminary election results134. (1.) The chief election officer may announce preliminary results of an election before the

determination under section 135 is completed.(2.) Preliminary results must be based on the ballot accounts prepared under section 131,

determined by calculating the total number of valid votes for each candidate in theelection as reported on the ballot accounts.

RS1979-290-134; 1993-54-10.

Determination of official election results

135. (1.) As the final counting proceeding subject to a judicial recount, the chief election officer



must determine the results of an election in accordance with this section.(2.) The chief election officer must notify the candidates in an election of the date, time and

place when the determination is to be made and the candidates are entitled to bepresent when those proceedings take place.

(3.) The chief election officer must begin the determination by reviewing the ballot accountsor by having them reviewed by election officials authorized by the chief election officer.

(4.) The chief election officer may verify the results indicated by a ballot account by countingthe votes on all or some of the ballots for the election, including reviewing the decision ofa presiding election official regarding the acceptance of some or all of the votes or therejection of some or all of the ballots.

(5.) The chief election officer may be assisted in counting under subsection (4) by otherelection officials, but must personally make all decisions regarding the acceptance ofvotes or the rejection of ballots that were subject to objection under section 130.

(6.) The chief election officer may reverse a decision of another election official regarding theacceptance of a vote or the rejection of a ballot made at the original consideration of theballot and, if this is done, the chief election officer must endorse the ballot with a note ofthe reversal.

(7.) The chief election officer or an election official authorized by the chief election officermust either mark on the original ballot accounts any changes made under this section orprepare a new ballot account of the results of the counting under subsection (4).

(8.) On the basis of the ballot accounts, as amended or prepared under subsection (7) ifapplicable, the chief election officer must prepare a statement of the total number ofvotes for each candidate in the election.

(9.) A decision of the chief election officer under this section may only be changed on ajudicial recount.

(10.) If a ballot box or ballot package is opened for the purposes of subsection (4), thecontents must be replaced and it must be resealed during any adjournment and at theend of the review of the contents.

RS1979-290-135; 1993-54-10.

Declaration of official election results

136. (1.) Before 4 p.m. on the fourth day following the close of general voting, the chief electionofficer must declare the results of the election as determined under section 135.

(2.) The results must be declared as follows:(a) in the case of an election for an office to which one person is to be elected, the

chief election officer must declare elected the candidate who received thehighest number of valid votes for the office;

(b) in the case of an election for an office to which more than one person is to beelected, the chief election officer must declare elected the candidates whoreceived the highest number of valid votes for the office, up to the number ofcandidates to be elected.

(3.) As an exception, if a candidate cannot be declared elected because there is an equalityof valid votes for 2 or more candidates, the chief election officer must declare that theelection is to be referred to a judicial recount.

RS1979-290-136; 1993-54-10.



When elected candidates may take office

137. (1.) A candidate declared elected under section 136 is not entitled to make the oath of officeuntil the time period for making an application for a judicial recount has ended.

(2.) If an application for a judicial recount of an election is made, a candidate declaredelected in the election is not entitled to make the oath of office until the recount has beencompleted and the candidate’s election has been confirmed unless permitted by thecourt under subsection (3).

(3.) The Provincial Court may, on application, authorize a candidate who has been declaredelected to make the oath of office if the court is satisfied that the candidate’s election willnot be affected by the results of the judicial recount.

RS1979-290-137; 1993-54-10; 1998-34-29; 2003-52-179.

Part 3: Division 14 – Judicial Recount

Application for judicial recount138. (1.) An application may be made in accordance with this section for a judicial recount, to be

undertaken by the Provincial Court, of some or all of the votes in an election.(2.) Except as provided in subsection (5), an application may only be made on one or more

of the following bases:(a) that votes were not correctly accepted or ballots were not correctly rejected as

required by the rules of section 129;(b) that a ballot account does not accurately record the number of valid votes for a

candidate;(c) that the final determination under section 135 did not correctly calculate the total

number of valid votes for a candidate.(3.) The time period during which an application may be made is limited to the time between

the declaration of official election results under section 136 and 9 days after the close ofgeneral voting.

(4.) The application may only be made by(a) an elector of the jurisdiction for which the election was held,(b) a candidate in the election or a candidate representative of a candidate in the

election, or(c) the chief election officer.

(5.) An application must be made by the chief election officer if, at the end of thedetermination of official election results under section 135, a candidate cannot bedeclared elected because there is an equality of valid votes for 2 or more candidates.

(6.) The document commencing an application must set out briefly the facts on which theapplication is based and must be supported by affidavit as to those facts.

(7.) At the time an application is commenced, a time must be set for the recount that isadequate to allow the court to complete the recount within the time limit set by section139.

(8.) The person making the application must notify affected persons(a) by immediately notifying the chief election officer and the affected candidates in

the election, if any, that a judicial recount will be conducted at the time set undersubsection (7), and



(b) within 24 hours of filing the document commencing the application, by deliveringto these persons copies of that document, the accompanying affidavit and anotice of the time for the recount.

RS1979-290-138; 1993-54-10.

Judicial recount procedure139. (1.) A judicial recount must be conducted in accordance with this section and completed by

the end of 13 days after the close of general voting.(2.) The person who made the application for the recount, the chief election officer, the

candidates in the election and the official agents and counsel of the candidates areentitled to be present at a judicial recount and other persons may be present only ifpermitted by the court.

(3.) The chief election officer must bring to the recount all ballot accounts used for thedetermination of official election results under section 135 and the ballot boxescontaining the ballots for which the recount is requested.

(4.) In conducting a recount, the court must open the ballot boxes containing the ballots forwhich the recount is requested, count those ballots in accordance with sections 128 and129 and confirm or change the ballot accounts in accordance with the counting.

(5.) In its discretion, the court may count other ballots in addition to those for which therecount was requested and, for this purpose, may require the chief election officer tobring other ballot boxes.

(6.) The court may appoint persons to assist in the recount.(7.) As exceptions to the obligation to conduct a recount in accordance with the other

provisions of this section,(a) if the person who made the application for the recount, the chief election officer

and the candidates present at the recount agree, the court may restrict theballots to be recounted as agreed by these persons at that time, or

(b) if the court determines on the basis of the ballot accounts that the results of arecount of the ballots, if it were conducted, would not materially affect the resultsof the election, the court may confirm the results of the election and take nofurther action under this section.

(8.) Unless otherwise directed by the court, the ballot boxes at a judicial recount must remainin the custody of the chief election officer.

(9.) During a recess or adjournment of a judicial recount and after the completion of thejudicial recount, the ballot boxes must be resealed in accordance with section 111 by theperson having custody of them and may be additionally sealed by other persons present.

RS1979-290-139; 1993-54-10.

Results of judicial recount and orders as to costs140. (1.) At the completion of a judicial recount, the court must declare the results of the election.

(2.) The results declared under subsection (1) or following a determination by lot undersection 141 are final, subject only to a declaration under section 145 that the electionwas invalid, and may not be appealed.

(3.) All costs, charges and expenses of and incidental to an application for judicial recount,including the recount and any other proceedings following from the application, must bepaid by the local government, the applicant and the persons notified of the applicationunder section 138 (8), or any of them, in the proportion the court determines.



(4.) At the conclusion of a judicial recount, the court must make an order for the purposes ofsubsection (3) having regard to any costs, charges or expenses that, in the opinion of thecourt, were caused by vexatious conduct, unfounded allegations or unfounded objectionson the part of the applicant or the persons who were given notice.

(5.) In relation to subsection (3), the court may order that the costs be determined in thesame manner as costs within the meaning of the Rules of Court for the Supreme Court.

RS1979-290-140; 1993-54-10.

Determination of results by lot if tie vote after judicial recount

141. (1.) A local government may, by bylaw, provide that, if at the completion of a judicial recountthe results of the election cannot be declared because there is an equality of valid votesfor 2 or more candidates, the results will be determined by lot in accordance with thissection rather than by election under section 142.

(2.) If a bylaw under subsection (1) applies and there is an equality of votes as described inthat subsection, the results of the election are to be determined, as the conclusion of thejudicial recount, by lot between those candidates in accordance with the following:(a) the name of each candidate is to be written on a separate piece of paper, as

similar as possible to all other pieces prepared for the determination;(b) the pieces of paper are to be folded in a uniform manner in such a way that the

names of the candidates are not visible;(c) the pieces of paper are to be placed in a container that is sufficiently large to

allow them to be shaken for the purpose of making their distribution random, andthe container is to be shaken for this purpose;

(d) the court is to direct a person who is not a candidate or candidate representativeto withdraw one paper;

(e) the court is to declare elected the candidate whose name is on the paper thatwas drawn.

RS1979-290-141; 1993-54-10.

Runoff election if tie vote after a judicial recount

142. (1.) If at the completion of a judicial recount the results of the election cannot be declaredbecause there is an equality of valid votes for 2 or more candidates, a runoff electionmust be held in accordance with this section unless a bylaw under section 141 applies.

(2.) Except as provided in this section, this Part applies to a runoff election under subsection(1).

(3.) The candidates in the runoff election are to be the unsuccessful candidates in theoriginal election who do not withdraw, and no new nominations are required or permitted.

(4.) As soon as possible after the judicial recount, the chief election officer must notify thecandidates referred to in subsection (3) that an election is to be held and that they arecandidates in the election unless they deliver a written withdrawal to the chief electionofficer within 3 days after being notified.

(5.) The chief election officer must set a general voting day for the runoff election, whichmust be on a Saturday no later than 50 days after the completion of the judicial recount.

(6.) If advance registration would otherwise be permitted, the closed period under section 56(4) extends until the day after the close of general voting for the election under this



section.(7.) No new list of registered electors is required and sections 62 to 65 do not apply.(8.) So far as reasonably possible, election proceedings must be conducted as they were for

the original election except that, if voting under section 102 was used for the originalelection, it is not necessary to use this for the election under this section.

(9.) Without limiting subsection (8), so far as reasonably possible, voting opportunitiesequivalent to those provided for the original election must be held and, for these, no newbylaws under this Part are required.

RS1979-290-142; 1993-54-10.

Part 3: Division 15 – Declaration of Invalid Election

Application to court143. (1.) The right of an elected candidate to take office or the validity of an election may not be

challenged except by an application under this section.(2.) An application may be made in accordance with this section to the Supreme Court for a

declaration regarding the right of a person to take office or the validity of an election.(3.) The time limit for making an application is 30 days after the declaration of official election

results under section 136.(4.) An application may be made only by a candidate in the election, the chief election officer

or at least 4 electors of the jurisdiction for which the election was held.(5.) An application may be made only on one or more of the following bases:

(a) that a candidate declared elected was not qualified to hold office at the time heor she was elected or, between the time of the election and the time for takingoffice, the candidate has ceased to be qualified to hold office;

(b) that an election should be declared invalid because it was not conducted inaccordance with this Act or a regulation or bylaw under this Act;

(c) that an election or the election of a candidate should be declared invalidbecause section 151, 152 or 153 (2) (a) was contravened.

(6.) As a restriction on subsection (5) (b), an application may not be made on any basis forwhich an application for judicial recount may be or may have been made.

(7.) At the time the petition commencing an application is filed, the court registry must set adate for the court to hear the application, which must be at least 10 days but no laterthan 21 days after the date the petition is filed.

(8.) As soon as possible but no later than 2 days after a petition is filed, the person makingthe application must serve the petition and the notice of hearing on the municipality orregional district for which the election was held.

(9.) If a candidate affected by an application files a written statement renouncing all claim tothe office to which the candidate was elected, the court may permit the petition for theapplication to be withdrawn unless it is based on an allegation that the candidate whohas renounced the office contravened section 151 or 152.

RS1979-290-143; 1993-54-10; 1994-52-66; 1998-34-30.

Hearing of the application144. (1.) The Supreme Court must hear and determine an application under section 143 as soon

as possible and, for these purposes, must ensure that the proceedings are conducted as



expeditiously as possible.(2.) If the application is based on a claim that section 151 or 152 was contravened, the

evidence regarding that claim must be given orally by witnesses rather than by affidavit.RS1979-290-144; 1993-54-10.

Power of the court on an application145. (1.) On the hearing of an application under section 143 regarding the qualification of an

elected candidate to take office, the court may(a) declare that the candidate is confirmed as qualified to take and hold office,(b) declare that the candidate is not qualified to hold office and that the office is

vacant, or(c) declare that the candidate is not qualified to hold office and that the candidate

who received the next highest number of valid votes is elected in place of thedisqualified candidate.

(2.) On the hearing of an application under section 143 regarding the validity of an election,the court may(a) declare that the election is confirmed as valid,(b) declare that the election is invalid and that another election must be held to fill all

positions for that office that were to be filled in the election that was declaredinvalid,

(c) declare that the election of a candidate is invalid and that the office is vacant, or(d) declare that the election of a candidate is invalid and that another candidate is

duly elected.(3.) The court must not declare an election invalid by reason only of an irregularity or failure

to comply with this Act or a regulation or bylaw under this Act if the court is satisfied that(a) the election was conducted in good faith and in accordance with the principles of

this Act, and(b) the irregularity or failure did not materially affect the result of the election.

(4.) The court may confirm the election of a candidate in relation to which the court findsthere was a contravention of section 151 or 152 if the court is satisfied that(a) the candidate did not contravene the applicable section, and(b) the contravention did not materially affect the result of the election.

(5.) If the court declares that a candidate is not qualified to hold office or that the election of acandidate is invalid, the court may order the candidate to pay the municipality or regionaldistrict for which the election was held a sum of money not greater than $20 000 towardsthe expenses for the election required to fill the vacancy.

(6.) If the court makes a declaration under subsection (1) (c) or (2) (d) that another candidateis elected, the candidate who is replaced ceases to be entitled to take or hold the officeand the other candidate declared elected is entitled to take the office.

RS1979-290-145; 1993-54-10.

Costs of an application146. (1.) If the court declares that a candidate is not qualified to hold office or that an election is

invalid, the costs, within the meaning of the Rules of Court, of the persons who made theapplication under section 143 must be paid promptly by the municipality or regionaldistrict for which the election was held.

(2.) The court may order that costs to be paid under subsection (1) may be recovered by the



municipality or regional district from any other person as directed by the court in thesame manner as a judgment of the Supreme Court.

(3.) Except as provided in subsection (1), the costs of an application are in the discretion ofthe court.

RS1979-290-146; 1993-54-10.

Status of an elected candidate147. (1.) A person affected by an application under section 143 who has been declared elected is

entitled to take office and to vote and otherwise act in the office unless the court declaresthe candidate disqualified and the office vacant.

(2.) If a person who is declared disqualified to hold office by the Supreme Court appeals thedecision, the appeal does not operate as a stay of the declaration and the person isdisqualified pending the final determination of the appeal.

(3.) If the person is declared qualified to hold office on the final determination of the appeal,the court may order that any money paid under section 145 (5) be repaid with interest asdirected by the court.

(4.) A person who is declared qualified to hold office on the final determination of an appealis entitled,(a) if the term of office for which the person was elected has not ended, to take

office for any unexpired part of the term and, for this purpose, any personelected or appointed to the office since the declaration of disqualification ceasesto hold office at the time the person declared qualified takes office, and

(b) if the term of office for which the person was elected is expired, to be elected atany following election if otherwise qualified.

RS1979-290-147; 1993-54-10; 1999-37-37.

Part 3: Division 16 – Final Proceedings

Report of election results148. (1.) Within 30 days after the declaration of official election results under section 76 for an

election by acclamation or under section 136 for an election by voting, the chief electionofficer must submit a report of the election results to the local government.

(2.) In the case of an election by voting, the report under subsection (1) must include acompilation of the information on the ballot accounts for the election.

(3.) If the results of the election are changed by a judicial recount or on an application undersection 143 [application to court] after the report under subsection (1) is submitted, thedesignated local government officer must submit to the local government asupplementary report reflecting the changed results.

RS1979-290-148; 1993-54-10; 1998-34-31.

Publication of election results149. (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 forpublication.

(2.) Within 30 days after persons appointed to local government have taken office, thedesignated local government officer must submit the names of the appointed officials to



the Gazette for publication.1998-34-32.

Retention and destruction of election materials

150. (1.) Until the end of the period for conducting a judicial recount, the chief election officer(a) must keep the sealed ballot packages delivered under section 133 in the officer’s

custody,(b) is responsible for retaining the nomination documents under section 72, other

than the written disclosure under the Financial Disclosure Act, and(c) is responsible for retaining the remainder of the election materials delivered

under section 133.(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).(3.) From the time of the declaration of the official election results under section 136 until 30

days after that date, the following election materials must be available for publicinspection at the local government offices during regular office hours:(a) the nomination documents for the candidates in the election, other than the

documents filed under the Financial Disclosure Act;(b) the voting books used for the election;(c) any copies of the list of registered electors used for the purposes of voting

proceedings;(d) any records required by or under this Part to be made during voting proceedings;(e) any solemn declarations taken and any signed written statements or

declarations required by or under this Part in relation to voting proceedings.(4.) Before inspecting materials referred to in subsection (3), a person other than a local

government officer or employee acting in the course of duties must sign a statement thatthe person will not inspect the materials except for the purposes of this Act.


(6.) The following materials must be destroyed as soon as possible following 8 weeks afterthe declaration of the official election results under section 136:(a) Repealed. [1999-37-38](b) the ballots used in the election;(c) any stubs for ballots used in the election;(d) any copies of the list of registered electors used for the purposes of voting

proceedings;(e) the voting books used in the election;(f) any solemn declarations and any written statements or declarations in relation to

voting proceedings, other than those used for the registration of electors.(7.) As exceptions, subsection (6) does not apply

(a) if otherwise ordered by a court, or(b) if the materials relate to an election that is the subject of an application under

section 143, until the final determination of that application or the courtauthorizes their destruction.

(8.) Unless otherwise provided by or under this Act, a person may not inspect a ballot.RS1979-290-150; 1993-54-10; 1994-52-67; 1995-29-3; 1998-34-33; 1999-37-38.



Part 3: Division 17 – Election Offences

Vote buying151. (1.) In this section, “inducement” includes money, gift, valuable consideration, refreshment,

entertainment, office, placement, employment and any other benefit of any kind.(2.) A person must not pay, give, lend or procure inducement for any of the following

purposes:(a) to induce a person to vote or refrain from voting;(b) to induce a person to vote or refrain from voting for or against a particular

candidate;(c) to reward a person for having voted or refrained from voting as described in

paragraph (a) or (b);(d) to procure or induce a person to attempt to procure the election of a particular

candidate, the defeat of a particular candidate or a particular result in anelection;

(e) to procure or induce a person to attempt to procure the vote of an elector or thefailure of an elector to vote.

(3.) A person must not accept inducement(a) to vote or refrain from voting,(b) to vote or refrain from voting for or against a particular candidate, or(c) as a reward for having voted or refrained from voting as described in paragraph

(a) or (b).(4.) A person must not advance, pay or otherwise provide inducement, or cause inducement

to be provided, knowing or with the intent that it is to be used for any of the actsprohibited by this section.

(5.) A person must not offer, agree or promise to do anything otherwise prohibited by thissection.

(6.) A person prohibited from doing something by this section must not do the prohibited actdirectly, indirectly or by another person on behalf of the first person.

RS1979-290-151; 1993-54-10.

Intimidation152. (1.) In this section, “intimidate” means to do or threaten to do any of the following:

(a) use force, violence or restraint against a person;(b) inflict injury, harm, damage or loss on a person or property;(c) otherwise intimidate a person.

(2.) A person must not intimidate another person for any of the following purposes:(a) to persuade or compel a person to vote or refrain from voting;(b) to persuade or compel a person to vote or refrain from voting for or against a

particular candidate;(c) to punish a person for having voted or refrained from voting as described in

paragraph (a) or (b).(3.) A person must not, by abduction, duress or fraudulent means, do any of the following:

(a) impede, prevent or otherwise interfere with a person’s right to vote;(b) compel, persuade or otherwise cause a person to vote or refrain from voting;(c) compel, persuade or otherwise cause a person to vote or refrain from voting for



a particular candidate.(4.) A person prohibited from doing something by this section must not do the prohibited act

directly, indirectly or by another person on behalf of the first person.RS1979-290-152; 1993-54-10.

Prohibition against certain election advertising on general voting day

152.1 (1.) For the purposes of this section:"election advertising" means advertising used

(a) to promote or oppose, directly or indirectly, the election of a candidate, or(b) to promote or oppose, directly or indirectly, an elector organization that is

endorsing a candidate;

"sponsor" means(a) a person who is liable to pay for election advertising, or(b) if the services of conducting the election advertising are provided without charge

as a campaign contribution within the meaning of Division 8 [CampaignFinancing], the candidate or elector organization to whom the services areprovided as a contribution.

(2.) On general voting day, a person must not conduct election advertising by publishing it ina newspaper or magazine or on radio or television.

(3.) A person must not act as sponsor or agree to act as sponsor of election advertising thatis or is to be conducted on general voting day by a means referred to in subsection (1),whether the publication is done within British Columbia or outside British Columbia.

1999-37-39.

Other election offences153. (1.) In relation to nominations, a person must not do any of the following:

(a) contravene section 72 (3);(b) before or after an election, purport to withdraw a candidate from an election

without authority to do so or publish or cause to be published a false statementthat a candidate has withdrawn;

(c) before or after an election, purport to withdraw the endorsement of a candidateby an elector organization except as provided in section 79 (6) (a) with theauthorization of the elector organization.

(2.) In relation to voting, a person must not do any of the following:(a) vote at an election when not entitled to do so;(b) contravene section 114 (1) regarding voting more than once in an election;(c) obtain a ballot in the name of another person, whether the name is of a living or

dead person or of a fictitious person;(d) contravene section 113 (2) regarding the secrecy of the ballot.

(3.) In relation to ballots and ballot boxes, a person must not do any of the following:(a) without authority supply a ballot to another person;(b) without authority print or reproduce a ballot or a paper that is capable of being

used as a ballot;(c) without authority take a ballot out of a place where voting proceedings are being



conducted;(d) put in a ballot box, or cause to be put in a ballot box, a paper other than a ballot

that the person is authorized to deposit there;(e) interfere with voting under section 102 contrary to the applicable bylaw and

regulations;(f) without authority destroy, take, open or otherwise interfere with a ballot box or

ballots.(4.) In relation to voting proceedings, a person must not do any of the following at or within

100 metres of a building, structure or other place where voting proceedings are beingconducted at the time:(a) canvass or solicit votes or otherwise attempt to influence how an elector votes;(b) carry, wear or supply a flag, badge or other thing indicating that the person using

it is a supporter of a particular candidate or elector organization;(c) display or distribute a sign, a document or other material regarding a candidate

or elector organization, except as authorized by the chief election officer;(d) display, distribute, post or openly leave a representation of a ballot marked for a

particular candidate in an election.(5.) In relation to Division 8 [Campaign Financing] of this Part, a person must not contravene

any of the following: section 85.1 [campaign accounts]; section 86 [restrictions on accepting contributions and incurring expenses]; section 87 [restrictions on making campaign contributions]; section 89.1 (4) [transfer of candidate’s surplus]; section 90 [duty to file disclosure statements].

(6.) In relation to any matter or proceeding to which this Part applies, a person must not doany of the following:(a) provide false or misleading information when required or authorized by or under

this Part to provide information;(b) make a false or misleading statement or declaration when required by or under

this Part to make a statement or declaration;(c) inspect a list of registered electors or nomination documents or other election

materials, or use the information from any of them, except for the purposes ofthis Act;

(d) be present at a place where voting or counting proceedings are beingconducted, unless authorized by or under this Part to be present;

(e) impede or obstruct an election official or other person in performing duties andexercising powers given to the person by or under this Part.

(7.) A person who is an election official must not contravene this Part with the intention ofaffecting the result or validity of an election.

RS1979-290-153; 1993-54-10; 1994-52-68; 1999-37-40.

Prosecution of organizations and their directors and agents

153.1 (1.) An act or thing done or omitted by an officer, director, employee or agent of anorganization within the scope of the individual’s authority to act on behalf of theorganization is deemed to be an act or thing done or omitted by the organization.

(2.) If an organization commits an offence under this Part, an officer, director, employee or



agent of the organization who authorizes, permits or acquiesces in the offence commitsthe same offence, whether or not the organization is convicted of the offence.

(3.) A prosecution for an offence under this Part may be brought against an unincorporatedorganization in the name of the organization and, for these purposes, an unincorporatedorganization is deemed to be a person.

1999-37-41.

Penalties154. (1.) A person who contravenes section 151 or 152 is guilty of an offence and is liable to one

or more of the following penalties:(a) a fine of not more than $10 000;(b) imprisonment for a term not longer than 2 years;(c) a prohibition for a period of not longer than 6 years from holding an elected local

government office;(d) a prohibition for a period of not longer than 6 years from voting in local

government elections.(2.) A person who contravenes section 152.1 or 153 is guilty of an offence and is liable to

one or more of the following penalties:(a) a fine of not more than $5 000;(b) imprisonment for a term not longer than one year;(c) a prohibition for a period of not longer than 6 years from holding an elected local

government office;(d) a prohibition for a period of not longer than 6 years from voting in local

government elections.(3.) Any penalty under this Division is in addition to and not in place of any other penalty

provided in this Part.(4.) A person is not guilty of an offence under this Part if the person exercised due diligence

to prevent the commission of the offence.RS1979-290-154; 1993-54-10; 1999-37-42.


Powers of minister in relation to elections

155. (1.) If the minister considers that special circumstances regarding an election require this, theminister may make any order the minister considers appropriate to achieve the purposesof this Part, including an order providing an exception to this Act or a bylaw or regulationunder this Act.

(2.) Without limiting subsection (1), the minister may make an order extending a time periodor establishing a new date in place of a date set by or under this Act and giving any otherdirections the minister considers appropriate in relation to this.

RS1979-290-155; 1993-54-10.

Regulations156. (1.) In relation to this Part, the Lieutenant Governor in Council may make regulations referred

to in section 41 of the Interpretation Act, including regulations for any matter for which



regulations are contemplated by this Part.(2.) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations as follows:(a) prescribing information that must be included under section 55 in an application

for registration as an elector, which may be different for resident electors andnon-resident property electors;

(a.1) prescribing classes of documents that may be accepted as evidence for thepurpose of section 57 [how to register as a resident elector at the time of voting]or 57.1 [how to register as a non-resident property elector at the time of voting];

(b) for the purposes of section 67,(i) deeming a described class of persons to be employees of a municipality

or regional district, and(ii) excepting a described class of persons as excluded from the definition of

“employee”,which may be different for different specified municipalities and regional districts;

(c) prescribing information that must be included in the notice of nomination undersection 70, which may be different for municipalities and regional districts andmay be different for municipal elections at large and on the basis of aneighbourhood constituency;

(d) prescribing matters that must be included in the solemn declaration undersection 79 regarding elector organization endorsement of a candidate;

(e) prescribing classes of election expenses for the purposes of section 90 (4) (f) [reporting of election expenses by class];

(e.1) prescribing information that must be included in a disclosure statement undersection 90 (4) (j) [additional information];

(f) establishing requirements, limits and conditions in relation to voting by mail ballotunder section 100, which may be different for municipalities and regionaldistricts;

(g) establishing requirements, limits and conditions in relation to voting undersection 102, which may be different for different specified municipalities andregional districts;

(h) establishing requirements, limits and conditions in relation to municipal votingdivisions under section 103, which may be different for municipalities of differentpopulation sizes;

(i) prescribing one or more alternative forms in which a specified solemndeclaration must be made.

RS1979-290-156; 1993-54-10; 1994-52-69; 1999-37-43.



PART 4 – OTHER VOTING


Definitions157. The definitions in Part 3 apply to this Part and, in addition, in this Part:

"other voting" means voting on a matter referred to in section 158;

"voting area" means the area for which the other voting is to be conducted.

RS1979-290-157; 1993-54-10.

Other voting to be conducted in same manner as an election

158. (1.) This Part applies to the following:(a) voting on a bylaw or other matter for which assent of the electors is required;(b) voting on a bylaw or other matter for which the local government is authorized by

this or another Act to obtain the assent of the electors, unless otherwiseprovided by the authorizing enactment;

(c) voting on a referendum under section 797.3 [referendums regarding regionaldistrict services].

(2.) Except as otherwise provided, Part 3 applies to voting referred to in subsection (1) as ifthe other voting for the voting area were an election for a jurisdiction and, for certainty,Division 17 of that Part regarding offences applies to other voting.

(3.) For the purposes of applying section 152.1 [prohibition against certain electionadvertising on general voting day] to voting referred to in subsection (1), advertising isdeemed to be election advertising if it is used to promote or oppose, directly or indirectly,a particular outcome in the vote.

RS1979-290-158; 1993-54-10; 1998-34-34; 1999-37-44; 2000-7-11; 2003-52-181.

Part 4: Division 2 – Assent of the Electors

How assent is obtained159. (1.) Unless otherwise provided in this Act, assent of the electors to a bylaw or other matter is

obtained only if a majority of the votes counted as valid are in favour of the bylaw orquestion.

(2.) If a bylaw that requires the assent of the electors does not receive that assent, a bylawfor the same purpose may not be submitted to the electors within a period of 6 monthsfrom the last submission except with the minister’s approval.

(3.) Repealed. [2003-52-182]RS1979-290-159; 1993-54-10; 1998-34-35; 2003-52-182.

Repealed



160. Repealed. [2003-52-183]

Part 4: Division 3 – Other Voting Proceedings

Who may vote at other voting161. (1.) In order to vote at other voting, a person must meet both the following requirements:

(a) the person must meet the qualifications of section 50 as a resident elector, orsection 51 as a non-resident property elector, in relation to the voting area forwhich the other voting is to be conducted;

(b) the person must be registered in accordance with subsection (2).(2.) To vote in other voting a person must

(a) be registered, on or before the date established under subsection (5) (a) ifapplicable, as an elector of the jurisdiction to which the person’s qualificationsreferred to in subsection (1) (a) relate, or

(b) register immediately before voting,(i) as an elector of the jurisdiction to which the person’s qualifications

referred to in subsection (1) (a) relate, or(ii) as an elector for the purposes of the other voting only.

(3.) A person may vote only once on a question submitted for other voting, even though thevoting is conducted in more than one voting area and the person is entitled to vote inrelation to more than one voting area.

(4.) Registration referred to in subsection (2) (b) (ii) is effective only for the other voting beingconducted at that time.

(5.) If general voting day for other voting is not general voting day for an election for ajurisdiction in which the other voting is to be conducted and advance registration for thejurisdiction is available under section 56(a) the chief election officer must establish for the jurisdiction a date after which

registration as an elector of the jurisdiction will not entitle the person to vote atthe other voting and the person must instead register under subsection (2) (b) inorder to vote, and

(b) sections 62 (3), (6) and (7), 64 and 65 do not apply to the jurisdiction in relationto the other voting.

(6.) If subsection (5) applies, at least 6 but not more than 30 days before the dateestablished under paragraph (a) of that subsection, the chief election officer must givenotice in accordance with section 44 of(a) how a person may register in advance, and(b) the date after which advance registration will not apply for the purposes of the

other voting.RS1979-290-161; 1993-54-10; 1994-52-70.

General voting day for other voting162. (1.) An authority in or under this or any other Act for the Lieutenant Governor in Council, a

minister or the inspector to require a bylaw or other matter to be submitted for assent ofthe electors includes the authority to set a general voting day for obtaining that assent,subject to the restriction that general voting day must be on a Saturday.



(2.) Unless general voting day is set under subsection (1), the chief election officer must setgeneral voting day for other voting to be on a Saturday in accordance with the following:(a) in the case of a bylaw that is directed by the Lieutenant Governor in Council, a

minister or the inspector to be submitted for the assent of electors, not more than80 days after the date of the direction;

(b) in the case of a bylaw or other matter for which an alternative approval processwas provided, not more than 80 days after the deadline for receiving electorresponses under section 86 [alternative approval process] of the CommunityCharter;

(c) subject to paragraph (b), in the case of a bylaw requiring the approval of theLieutenant Governor in Council, the inspector or a minister, not more than 80days after the day of the approval or, if there is more than one approval required,of the last approval;

(d) in the case of other bylaws, not more than 80 days after the day the bylawreceives third reading;

(e) in the case of another matter, not more than 80 days after adoption of theauthorizing bylaw or resolution.

RS1979-290-162; 1993-54-10; 1999-37-45; 2003-52-184.

Arrangements for other voting163. (1.) In order for a bylaw under this Part or a bylaw referred to in section 39 to apply in relation

to other voting, the bylaw must be adopted at least 6 weeks before general voting day forthe other voting.

(2.) Unless subsection (3) or (4) applies, voting opportunities for the other voting are thoseestablished by or under Part 3 for the other voting.

(3.) Voting opportunities in the voting area must be the same as for an election for ajurisdiction if(a) general voting day for the other voting is the same as general voting day for the

election,(b) a voting area for the other voting is all or part of the jurisdiction, and(c) the jurisdiction is responsible for conducting the other voting.

(4.) As an exception to section 97 (2) (b) for a voting area with a population of more than 5000, a regional district board may, by bylaw, limit advance voting opportunities to therequired advance voting opportunity under section 97 (2) (a) if all the followingcircumstances apply to the other voting:(a) mail ballot voting is available under section 100 (3) (b);(b) the area specified for the purposes of section 100 (3) (b) includes all of the

voting area for the other voting;(c) the voting area is part but not all of an electoral area;(d) general voting day for the other voting is not the same as general voting day for

an election in the jurisdiction.RS1979-290-163; 1993-54-10.

Notice of other voting164. (1.) In place of a notice of election under section 77, at least 6 but not more than 30 days

before general voting day for other voting, the chief election officer must issue a notice ofother voting under this section in accordance with section 44.



(2.) In addition to subsection (1), throughout the period between the 30th day before generalvoting day and general voting day, the notice of other voting(a) must be available for public inspection in the local government offices, during

their regular office hours, of each jurisdiction in which the other voting is to beconducted, and

(b) may be made available at other locations and times as the chief election officerconsiders appropriate.

(3.) A notice of voting must include the following information:(a) the question that is to be voted on;(b) the voting area;(c) the qualifications required to be met in order to vote as an elector for the other

voting;(d) the date of general voting day, the voting places established under section 95 for

that day and the voting hours for those places;(d.1) the documents that will be required in order for a person to register as an elector

at the time of voting;(d.2) the place where persons may apply on general voting day for non-resident

property elector certificates required in order to register at the time of voting;(e) if applicable, information required to be included under section 103 (5) regarding

municipal voting divisions.(4.) If the other voting is on a bylaw submitted for the assent of the electors or is authorized

by a bylaw, the notice of voting must also include the following:(a) either a copy of the bylaw or, if approved by the local government, a synopsis of

the bylaw in accordance with subsection (5);(b) if a synopsis of the bylaw is included, a statement that the synopsis is not an

interpretation of the bylaw;(c) the dates, times and places at which the bylaw may be inspected.

(5.) A synopsis under subsection (4) (a) must include(a) in general terms, the intent of the bylaw,(b) the area that is the subject of the bylaw, and(c) if applicable, the amount of the borrowing authorized by the bylaw.

(6.) If subsection (4) applies, a full copy of the bylaw must be available for inspection byelectors(a) at the local government offices, during their regular office hours, of each

jurisdiction in which the other voting is to be conducted, and(b) at each place where voting is conducted.

(7.) The notice of voting may also include any other information the chief election officerconsiders appropriate.

RS1979-290-164; 1993-54-10; 2000-7-12.

Ballots for other voting165. (1.) A ballot for other voting must

(a) indicate the appropriate mark to make a valid vote indicating assent or dissent,and

(b) be in a question form to which the elector may indicate assent or dissent bymaking the appropriate mark opposite the word “Yes” or the word “No”.

(2.) Unless otherwise provided by or under this or another Act, separate ballots must be



prepared for each question that is to be voted on.RS1979-290-165; 1993-54-10.

When counting for other voting is to be done

166. (1.) As an exception to section 123, the counting of the vote for other voting may be held at alater time set by the chief election officer, as long as the ballots are counted before thedate of the declaration of the other voting results under section 136.

(2.) If a later time for counting is set under subsection (1), the presiding election official mustensure that the ballots are sealed in ballot boxes in accordance with section 111 and aredelivered to the chief election officer with the materials referred to in section 133.

RS1979-290-166; 1993-54-10.

Special procedures if voting is conducted by more than one jurisdiction

167. (1.) This section applies to other voting on a regional district bylaw or other regional districtmatter that is to be conducted by more than one local government.

(2.) The regional district board must, by bylaw,(a) establish the question to be used for all the voting, and(b) if applicable, set the date for the required advance voting day under section 97

(2) (b) for all voting areas other than a voting area referred to in section 163 (3)or (4).

(3.) Except for a voting area referred to in section 163 (3), the bylaws under sections 96, 98and 99 of a local government other than the regional district board do not apply and,instead, the regional district may, by bylaw, establish voting opportunities under thosesections for one or more voting areas for the other voting.

(4.) The regional district board must appoint(a) a regional voting officer for the other voting, and(b) a deputy regional voting officer for the other voting who, if the regional voting

officer is absent or unable to act, must perform the duties and has the powers ofthe regional voting officer.

(5.) The regional voting officer has the following duties and powers:(a) to arrange for the coordination of the proceedings throughout the regional

district;(b) to set the general voting day for all voting throughout the regional district;(c) to arrange for the preparation of the ballots for the voting;(d) to direct the chief election officers for the local governments regarding the form

and manner of notices that are required or authorized by this Act regarding thevoting;

(e) to make the final determination and declaration of other voting results undersections 135 and 136 based on the results determined by the chief electionofficers of the local governments;

(f) to appoint the scrutineers for the final determination of other voting results andany judicial recount in accordance with section 172 (4) and (5);

(g) to apply to the minister for an order under section 155.(6.) If there is a conflict between this section or an authority under this section and another

provision of this Act or an authority under this Act, this section or the authority under it



prevails.RS1979-290-167; 1993-54-10.

Other general matters168. (1.) Notices under this Part may be combined with notices under Part 3, as it applies to

elections or to other voting, as long as the requirements of all applicable sections aremet.

(2.) Section 149, requiring the publication of election results in the Gazette, does not apply toother voting.

(3.) Regulations under section 156, as it applies to other voting, may be different for differenttypes of other voting.

RS1979-290-168; 1993-54-10.

Part 4: Division 4 – Scrutineers

Scrutineers for other voting169. (1.) Scrutineers for the question in other voting and scrutineers against the question must be

appointed under section 172 if applications in accordance with section 171 are receivedfrom persons who wish to volunteer for the positions.

(2.) Only persons entitled to vote as electors in the other voting are entitled to act asscrutineers for the other voting, but election officials must not be appointed asscrutineers for the other voting.

(3.) Unless a bylaw under subsection (4) applies, only one scrutineer for the question andone scrutineer against the question may be present at each place at which scrutineersare entitled by Part 3 to be present.

(4.) A local government may, by bylaw, permit additional scrutineers to be present atproceedings referred to in subsection (3), subject to any restrictions and conditions in thebylaw.

(5.) As a limit on the authority under subsection (4), a bylaw under that subsection may notprovide for different entitlements for scrutineers for the question and scrutineers againstthe question.

(6.) The absence of a scrutineer from a place where proceedings for other voting are beingconducted does not invalidate anything done in relation to the other voting.

RS1979-290-169; 1993-54-10.

Notice of applications to volunteer as a scrutineer

170. (1.) Not more than 30 days before the application period begins, the chief election officermust issue a notice under this section in accordance with section 44.

(2.) The notice must include the following information:(a) the question that is to be voted on;(b) the dates, times and places at which applications for scrutineers will be received;(c) how interested persons can obtain information on the requirements and

procedures for making an application.(3.) The notice may include any other information the chief election officer considers

appropriate.



(4.) In addition to subsection (1), from the sixth day before the application period begins untilthe close of the application period, the notice must be available for public inspection inthe local government offices, during their regular office hours, of each jurisdiction inwhich the other voting is being conducted.

RS1979-290-170; 1993-54-10; 2000-7-13.

Applications to volunteer to act as scrutineer for other voting

171. (1.) The chief election officer must establish a 10-day time period during which applicationsto act as a scrutineer will be received, in order that appointments may be made beforethe first voting opportunity.

(1.1) As an exception to subsection (1), if general voting day for other voting is the generalvoting day for an election, the period for receiving applications(a) may be established under subsection (1), and(b) if it is not established under subsection (1), is the nomination period referred to

in section 69.(2.) An application to act as a scrutineer for other voting must be signed by the applicant and

contain the following information:(a) the full name of the person applying;(b) the address to which the person applying wishes to have notices sent;(c) if required by the chief election officer, a telephone number at which the person

applying may be contacted;(d) a statement that the applicant is entitled to vote as an elector in the other voting

and is entitled to act as a scrutineer for the other voting;(e) a statement as to whether the applicant is in favour of the question or opposed

to the question;(f) any other information required to be included by a regulation under subsection

(4).(3.) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must

be received by the chief election officer, or a person designated by the chief electionofficer for this purpose, before the end of the application period under subsection (1).

(4.) The Lieutenant Governor in Council may make regulations prescribing information thatmust be included in an application under this section.

RS1979-290-171; 1993-54-10; 1994-52-71; 1999-37-46; 2000-7-14.

Appointment of scrutineers for other voting

172. (1.) The chief election officer must(a) on the basis of the applications received in accordance with section 171, appoint

applicants in favour of the question as scrutineers for the question andapplicants opposed to the question as scrutineers against the question, and

(b) assign scrutineers to each place at which scrutineers are entitled to be presentunder Part 3.

(2.) If the number of applicants on one side of the question is fewer than the maximumallowed under section 169,(a) all these applicants must be appointed as scrutineers in accordance with

subsection (1), and



(b) a scrutineer may be assigned to more than one place if the hours or days of theproceedings at which scrutineers are entitled to be present allow this.

(3.) If there are more applicants on one side of the question than the maximum allowedunder section 169, the following rules apply:(a) the scrutineers for that side must be determined by lot in accordance with the

procedure used in section 107 (4) (a) to (d);(b) the chief election officer must notify all applicants of the date, time and place of

the determination by lot and these applicants are entitled to be present;(c) names are to be drawn until the number of names drawn is equivalent to the

number of scrutineers to be appointed;(d) the persons whose names are drawn must be appointed as scrutineers in

accordance with subsection (1);(e) in the discretion of the chief election officer, additional names may be drawn of

persons who may be appointed if applicants appointed under paragraph (d) areunable to act as scrutineers.

(4.) In addition to the appointments under subsection (1), one scrutineer for the question andone scrutineer against the question is entitled to be present at the final determinationunder section 135 of the other voting and at any judicial recount of the other voting.

(5.) Scrutineers referred to in subsection (4) must be appointed in accordance with thefollowing:(a) the appointment must be made from among those persons who acted as

scrutineers under subsection (1) and who indicate that they wish to beconsidered for the appointment;

(b) if, for a side of the question, more than one person wishes to be considered forappointment, the choice must be made by lot in accordance with subsection (3).

(6.) A scrutineer appointment must(a) be made in writing,(b) state the name and address of the person appointed,(c) state the proceedings to which the scrutineer has been assigned under this

section and the dates, times and places where these are to be conducted, and(d) be signed by the chief election officer.

RS1979-290-172; 1993-54-10.

Part 4: Division 5

172.1 to 172.91 Repealed. Sections 172.1 to 172.91 Repealed. [2003-52-185]



PART 5 – REGIONAL DISTRICT CORPORATE POWERS AND THEIR USE

Part 5: Division 1 – Regional District Corporate Status

Regional district corporations173. Each regional district is a corporation.

2003-52-187.

Board is governing body174. (1.) The governing body of a regional district is its board.

(2.) The powers, duties and functions of a regional district are to be exercised and performedby its board unless this or any other Act provides otherwise.

(3.) A board, in exercising or performing the powers, duties and functions conferred on it byan enactment, is acting as the governing body of the regional district.

(4.) Despite any change in its membership, the board of a regional district is a continuingbody and may complete any proceedings started but not completed before the change.

2003-52-187.

Area of jurisdiction175. A board may only exercise or perform its powers, duties and functions within the

boundaries of the regional district unless authorized by or under this or another Act.2003-52-187.

Part 5: Division 2 – General Corporate Powers

Corporate powers176. (1.) Subject to the specific limitations and conditions established by or under this or another

Act, the corporate powers of a board include the following:(a) to make agreements respecting

(i) the regional district's services, including agreements respecting theundertaking, provision and operation of those services, other than theexercise of the board's regulatory authority,

(ii) operation and enforcement in relation to the board's exercise of itsregulatory authority, and

(iii) the management of property or an interest in property held by theregional district;

(b) to make agreements with a public authority respecting(i) activities, works or services within the powers of a party to the

agreement, other than the exercise of regulatory authority, includingagreements respecting the undertaking, provision and operation ofactivities, works and services,

(ii) operation and enforcement in relation to the exercise of regulatoryauthority within the powers of a party to the agreement, and



(iii) the management of property or an interest in property held by a party tothe agreement;

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

(d) to acquire, hold, manage and dispose of land, improvements, personal propertyor other property, and any interest or right in or with respect to that property;

(e) to delegate its powers, duties and functions, including those specificallyestablished by an enactment, to its officers and employees, its committees or itsmembers, or to other bodies established by the board;

(f) to engage in commercial, industrial and business undertakings and incorporate acorporation or acquire shares in a corporation for that purpose;

(g) to establish commissions to(i) operate regional district services,(ii) undertake operation and enforcement in relation to the board's exercise

of its regulatory authority, and(iii) manage property or an interest in property held by the regional district.

(2.) In exercising its powers under subsection (1), a board may establish any terms andconditions it considers appropriate.

(3.) The powers of a board under subsection (1) may be exercised outside the boundaries ofthe regional district.

2003-52-188.

Part 5: Division 3 – Agreements

Disclosure of information relating to agreements

177. (1.) If an agreement is proposed or made in relation to a matter that requires approval of theelectors or assent of the electors,(a) the agreement, and(b) all records relating to the agreement that are in the custody or under the control

of the regional districtmust be available for public inspection at the regional district offices during the timewhen the approval or assent process is underway.

(2.) Subsection (1) does not apply to records that must not be disclosed under the Freedomof Information and Protection of Privacy Act.

(3.) Notices under(a) section 164 [notice of other voting], or(b) section 86 (2) [alternative approval process - notice] of the Community Charterin relation to the agreement must state that the agreement and the records relating to itare available for public inspection in the regional district offices during their regular officehours.

2003-52-189.





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

180. (1.) An agreement between a board and a public authority in another province respecting theprovision and operation of works and services has no effect unless it is approved by theminister.

(2.) An agreement between a board and a public authority in another country respecting theprovision and operation of works and services has no effect unless it is approved by theLieutenant Governor in Council.

1998-34-36; 2003-52-191.

Part 5: 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].1998-34-36.

Prohibition against assistance to business

182. As a limitation on section 176 (1) (c), a board must not provide assistance to anindustrial, commercial or business undertaking.

1998-34-36; 2003-52-191.

Exception for assistance under partnering agreements

183. Despite section 182 and in addition to the power under section 176 (1) (c), a board mayprovide assistance under a partnering agreement.

1998-34-36; 2003-52-191.

Exception for heritage conservation purposes

183.1 (1.) A board may provide assistance for one or more of the purposes referred to in section 25(2) [heritage assistance] of the Community Charter.

(2.) A board may, by an affirmative vote of at least 2/3 of the votes cast, provide assistancefor the conservation of property referred to in section 25 (3) [heritage propertyassistance] of the Community Charter.

(3.) The powers under this section are in addition to the power under section 176 (1) (c) [corporate powers – assistance] and apply despite section 182 [prohibition against



assistance to business].1999-37-49; 2003-52-192.

Limitation on assistance by means of tax exemption

184. As a limitation on sections 176 (1) (c) and 183, a board may provide a property taxexemption only in accordance with Division 4.4 [Tax Rates and Exemptions] of Part 24.

2003-52-193.

Publication of intention to provide certain kinds of assistance

185. (1.) A board must publish in a newspaper its intention to provide any of the followingassistance:(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.

1998-34-36; 2003-52-194.

Part 5: Division 5 – Disposing of Land and Improvements

Disposition of land and improvements

186. (1.) If a board intends to dispose of land or improvements, it must make the land orimprovements 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 regional district,(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.1998-34-36; 2003-52-195.

Notice of proposed disposition187. (1.) A board 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,(a.1) the person or public authority who is to acquire the property under the proposed



disposition,(b) the nature and, if applicable, the term of the proposed disposition, and(c) the consideration to be received by the regional district 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.

1998-34-36; 1999-37-50; 2003-52-195.

Use of money from sale of land or improvements

188. (1.) Subject to subsections (2) and (3), all money received by a regional district from the saleof land or improvements must be placed to the credit of a reserve fund.

(2.) If, after money is received under subsection (1), a debt incurred by the regional districtfor the purchase or management of the land or improvements remains, there must be setaside all or part of the proceeds of the disposition, as required to repay the debt as itmatures together with interest.

(3.) Except as required by subsection (2), in the case of a sale of park land, a regional parkor a regional trail, the proceeds of the disposition must be placed to the credit of areserve fund established for the purpose of acquiring park lands.

1998-34-36; 2000-7-19; 2003-90-6; 2003-52-196.


Disposal of utilities and water and sewer systems

190. (1.) As a limitation on section 176 (1) (d) [corporate powers – property], the following worksmay 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 be disposed of only if

(a) the works are no longer required for the purpose described,(b) the works are disposed of to a municipality in the regional district,(c) in the case of works referred to in subsection (1) (a) or (b) that are used by the

regional district 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 theagreement, 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 board has obtained the

approval of the electors in relation to the proposed disposition.(3.) For the purposes of subsection (2) (c) (ii),



(a) the notice under section 164 [notice of other voting] must include a description ofthe agreement referred to in subsection (2) (c) (i), and

(b) section 177 [disclosure of information relating to agreements] applies to thatagreement.

1998-34-36; 1999-37-52; 2003-52-198.

Part 5: Division 6 – Delegation of Board Authority

Limitations on delegation authority191. (1.) As a limitation on section 176 (1) (e) [corporate powers - delegation], a board may not

delegate the following:(a) the making of a bylaw;(b) a power or duty exercisable only by bylaw;(c) a power or duty to appoint, suspend or terminate a regional district officer;(d) a power or duty established by an enactment that the board 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 board give its

approval or consent to, recommendations on, or acceptance of an action,decision or other matter;

(f) the power to impose a remedial action requirement under Division 12 [RemedialAction Requirements] of Part 3 of the Community Charter.

(2.) The authority under section 176 (1) (e) [corporate powers - delegation] does not includeauthority to delegate to a corporation.

2003-52-199.

How delegation must occur192. (1.) Subject to section 193, a board may delegate a power, duty or function only by bylaw

adopted by an affirmative vote of at least 2/3 of the votes cast.(2.) A board 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.2003-52-199.

Delegation of hearings193. (1.) This section applies to the delegation of

(a) board hearings that are required by law or authorized by an enactment, otherthan hearings referred to in section 191 (1) (d), and

(b) board proceedings in which a person is entitled under this Act to makerepresentations to the board.

(2.) The following rules apply in relation to a delegation referred to in subsection (1):(a) the delegation may be made specifically, by class of hearings or proceedings, or

generally;(b) the delegation may only be made to one or more directors;(c) if a board decision is to be made following a delegated hearing or proceeding,

the authority to make the decision may only be delegated to the directors towhom the matter is delegated;

(d) if a board decision referred to in paragraph (c) is not delegated under that



provision, the board must not make the decision until the applicable directorsreport to the board the views expressed at the hearing or proceeding.

(3.) As an exception to section 192 (1), a board may delegate the holding of a hearing bybylaw or resolution adopted by a majority of votes cast.

(4.) For certainty, if a delegation has been made under this section, the board may exerciseits authority under this section to revoke that delegation or change the delegation to adifferent delegation in relation to a specific hearing or proceeding.

2003-52-199.

Reconsideration of delegate’s decisions

194. (1.) If(a) a board 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 board,the board must, by bylaw, establish procedures for such a reconsideration, including howa person may apply for the reconsideration.

(2.) In undertaking a reconsideration referred to in subsection (1), a board has the sameauthority as that conferred on the delegate.

(3.) If there is a right of reconsideration, the person making the decision must advise theperson subject to the decision of this right.

2003-52-199.

Part 5: Division 7 – Incorporation of Corporations

Incorporation of corporations195. (1.) A regional district may only

(a) incorporate a corporation other than a society, or(b) acquire shares in a corporationwith the approval of the inspector or as authorized by regulation.

(2.) An incorporation or acquisition under subsection (1) applies as an exception to therestriction under section 183 [investment of municipal funds] of the Community Charteras it applies under section 814 of this Act.

2003-52-200.



PART 5.1 – REGIONAL DISTRICT OFFICERS AND EMPLOYEES

Part 5.1: Division 1 – Officer Positions

Officer positions196. (1.) A board

(a) must, by bylaw, establish officer positions in relation to the powers, duties andfunctions under sections 198 [corporate administration] and 199 [financialadministration], with titles it considers appropriate,

(b) may, by bylaw, establish other officer positions for its regional district, with titles itconsiders appropriate, and

(c) may, by bylaw or resolution, assign powers, duties and functions to those officerpositions.

(2.) For certainty,(a) a board 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.2003-52-202.

Chief administrative officer197. 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 regional district;(b) ensuring that the policies and directions of the board are implemented;(c) advising and informing the board on the operation and affairs of the regional

district.2003-52-202.

Corporate administration198. One of the officer positions established under section 196 must be assigned the

responsibility of corporate administration, which includes the following powers, dutiesand functions:(a) ensuring that accurate minutes of the meetings of the board and board

committees are prepared and that the minutes, bylaws and other records of thebusiness of the board and board committees are maintained and kept safe;

(b) ensuring that access is provided to records of the board and board committees,as required by law or authorized by the board;

(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 relating to regional districts;(e) accepting, on behalf of the board or regional district, notices and documents that

are required or permitted to be given to, served on, filed with or otherwiseprovided to the board or regional district;



(f) keeping the corporate seal, if any, and having it affixed to documents asrequired.

2003-52-202.

Financial administration199. One of the officer positions established under section 196 must be assigned the

responsibility of financial administration, which includes the following powers, duties andfunctions:(a) receiving all money paid to the regional district;(b) ensuring the keeping of all funds and securities of the regional district;(c) expending and disbursing money in the manner authorized by the board;(d) investing funds, until required, in authorized investments;(e) ensuring that accurate records and full accounts of the financial affairs of the

regional district are prepared, maintained and kept safe;(f) exercising control and supervision over all other financial affairs of the regional

district.2003-52-202.

Part 5.1: Division 2 – Regional District Officers and Employees Generally

Appointment of officers and employees200. (1.) Without limiting section 176 [corporate powers], a board may

(a) provide for the appointment of officers and other employees for the regionaldistrict, and

(b) subject to the Labour Relations Code and the Employment Standards Act,establish the terms and conditions of their employment, including terms andconditions respecting their remuneration, benefits, expenses, hours of work andmanner of appointment, promotion, discipline and dismissal.

(2.) In the event of a conflict between terms and conditions of employment established bybylaw, resolution or policy and those established by contract of employment or collectiveagreement, the contract or agreement prevails.

1998-34-36; 2003-52-204.

Oath of office for officers201. Before taking on the duties of office, a person appointed to an officer position for a

regional district must swear or affirm an oath of office in the form prescribed byregulation or established by bylaw.

2003-52-205.

Termination of officer202. (1.) Subject to a contract of employment and subject to providing the officer with an

opportunity to be heard, the appointment of a regional district officer may be terminatedby the board as follows:(a) in the case of termination for cause, by immediate termination without any period

of notice;(b) in any other case, by termination on reasonable notice.



(2.) A termination under subsection (1) (b) may only be made by the affirmative vote of atleast 2/3 of all directors.

2003-52-205.

Employers’ organization203. A board may, by an affirmative vote of at least 2/3 of the votes cast, provide for the

inclusion of its regional district in an employers' organization under the Labour RelationsCode.

2003-52-205.

Part 5.1: Division 3 – Certification of Senior Officials

Board of examiners204. (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 ofthe minister, of whom(a) one must be nominated by the Union of British Columbia Municipalities,(b) one must be nominated by the Local Government Management 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 areappointed.

(3.) If a vacancy occurs because of the death or resignation of a member, the member’ssuccessor must be nominated and appointed in the same manner as the memberoriginally nominated and appointed.

(4.) The members of the board must not receive remuneration for their services, but must bepaid by the minister the amount of their travelling and other personal expensesnecessarily incurred by them in the discharge of their official duties.

(5.) A member of the board may be nominated and reappointed for further terms.1998-34-36; 2003-52-206.

Powers of board205. (1.) The board may do one or more of the following:

(a) establish qualifications and standards for municipal, regional district orimprovement district employment according to office and grades;

(b) grant certificates according to grades and skill to persons possessing thequalifications and meeting the standards;

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

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

(2.) The powers and duties of the board must be exercised and performed in accordancewith any applicable regulations made by the board.

(3.) The records of the board and the administrative duties in connection with them are theresponsibility of the inspector.

1998-34-36; 2002-12-21.



Board may make regulations206. 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.

1998-34-36.



PART 5.2 – REGIONAL DISTRICT BOARDS AND THEIR PROCEEDINGS

Part 5.2: Division 1 – Board Members




Oath of office for board members210. (1.) A person elected or appointed to office on a board must make a prescribed oath of

office, by oath or solemn affirmation, within the following applicable time limit:(a) in the case of an electoral area director 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 an electoral area director elected by voting, within 45 days after

the declaration of the results of the election;(c) in the case of a person appointed to an electoral area under section 78

[appointment if an insufficient number of candidates are elected], within 45 daysafter the effective date of the appointment;

(d) in the case of a person appointed as municipal director, within 45 days after theeffective date of the appointment;

(e) in the case of a person appointed as alternate director, within 45 days after theeffective date of the appointment or the first board meeting or board committeemeeting at which the person acts in that capacity, whichever is latest.

(2.) The oath or solemn affirmation must be made before a judge of the Court of Appeal,Supreme Court or Provincial Court, a justice of the peace, a commissioner for takingaffidavits for British Columbia, the regional district corporate officer or the chief electionofficer, and the person making the oath must obtain the completed oath or a certificate ofit from the person administering it.

(3.) A person takes office on a board(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 regional district corporateofficer, or

(b) at any later time that the person produces the completed oath or certificate tothat officer.

(4.) The Lieutenant Governor in Council may, by regulation, establish one or more alternativeoaths of office for the purposes of this section, which may be different for different types



of office.(5.) A person taking office on a board may also make an oath of allegiance.(6.) Once a board 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 memberresigns or becomes disqualified.

2003-52-209.


Resignation from office212. (1.) A board member may resign from office only by delivering a written resignation to the

regional district corporate officer.(2.) A resignation becomes effective when it is received by the corporate officer, even if a

later date is set out in the resignation, and may not be revoked after the time it isreceived.

(3.) The corporate officer must notify the board of a resignation at the next meeting of theboard after the resignation is received or, if there are no other board members, thecorporate officer must notify the minister.

2003-52-211.



Sections 215. to 217. Repealed215. Sections 215. to 217. Repealed. [1999-37-56]

Part 5.2: Division 2 – Chair

Powers and duties of chair218. (1.) The chair is the head and chief executive officer of the regional district.

(2.) In addition to the chair's powers and duties as a board member, the chair has thefollowing duties:(a) to see that the law is carried out for the improvement and good government of

the regional district;(b) to communicate information to the board and to recommend bylaws, resolutions

and measures that, in the chair's opinion, may assist the peace, order and goodgovernment of the regional district in relation to the powers conferred on theboard by an enactment;



(c) to inspect and direct the conduct of officers and employees, to direct themanagement of regional district business and affairs and, if considerednecessary, to suspend an officer or employee;

(d) so far as the chair's power extends, to see that negligence, carelessness andviolation of duty by an officer or employee is prosecuted and punished.

(3.) Every suspension of an officer or employee by the chair under this section must bereported to the board at the next meeting of the board, and the board may(a) reinstate the officer or employee,(b) confirm the suspension,(c) confirm and extend the suspension, or(d) dismiss the officer or employee.

2003-52-214.

Chair may require board reconsideration of a matter

219. (1.) The chair of a regional district has the same authority as a mayor under section 131 [mayor may require council reconsideration of a matter] of the Community Charter.

(2.) In exercising the power under subsection (1), the chair may return the matter forreconsideration at the meeting of the board following the original vote, whether or not thisis within the 30 day period referred to in section 131 (2) of the Community Charter.

2003-52-214.



Part 5.2: Division 3 – Board Meetings


Regular and special board meetings222.1 (1.) A board must meet

(a) regularly in accordance with its bylaw under section 794 [procedure, bylaws andenforcement], and

(b) as it decides and as provided in this Act.(2.) A special board meeting is a board meeting other than a statutory, regular or adjourned

meeting.(3.) If permitted under subsection (5), a board meeting may be conducted by means of

electronic or other communications facilities.(4.) Members of the board who are participating under this section in a meeting conducted in



accordance with subsection (3) are deemed to be present at the meeting.(5.) The Lieutenant Governor in Council may make regulations permitting meetings under

subsection (3) and prescribing conditions, limits and requirements respecting suchmeetings.

2003-52-218.





Proceedings at board meetings227. (1.) The chair, if present, must preside at board meetings.

(2.) Section 132 [authority of presiding member] of the Community Charter applies toregional districts, except that a reference to section 123 of the Community Charter in thatsection is to be read as a reference to section 791 [voting on resolutions and bylaws] ofthis Act.

2003-52-220.


Part 5.2: Division 4 – Board Proceedings


Minutes of board meetings236. Minutes of board meetings must be

(a) legibly recorded,(b) certified as correct by the designated regional district officer, and(c) signed by the chair or other member presiding at the meeting or at the next

meeting at which they are adopted.



2003-52-224.

Minutes of board committee meetings237. Minutes of a board committee meeting must be

(a) legibly recorded, and(b) signed by the chair or member presiding at the meeting.

2003-52-224.



Part 5.2: Division 4.1


Part 5.2: Division 5

243. to 251. Repealed. Sections 243. to 251. Repealed. [2003-52-226]

Part 5.2: Division 6

252. to 253. Repealed. Sections 252. to 253. Repealed. [1999-37-65, retroactive to June 29, 1999]




PART 6 – CHALLENGE AND ENFORCEMENT OF BYLAWS

Part 6: Division 1

257. to 259.3 Repealed. Sections 257. to 259.3 Repealed. [2003-52-228]

Part 6: Division 2 – Challenge of Bylaws

Extended definition of “bylaw”260. In this Division, “bylaw” includes an order or resolution.

RS1979-290-312; 1993-54-21.

Validity of council proceedings261. A bylaw, contract or other proceeding of a council must not be set aside or declared

invalid if the only reason for doing so is that(a) a person sitting or voting as a council member was not qualified to be a council

member at or before the time of the proceeding,(b) a council member renounced claim to office on council,(c) an election for council was set aside or declared invalid after the proceeding, or(d) an election of a council member was set aside or declared invalid after the

proceeding.RS1979-290-312.1; 1993-54-21.

Application to court to set aside bylaw

262. (1.) On application of an elector of a municipality, or of a person interested in a bylaw of thecouncil, the Supreme Court may(a) set aside all or part of the bylaw for illegality, and(b) award costs for or against the municipality according to the result of the

application.(2.) Subsection (1) does not apply to a security issuing bylaw providing for the issue of

debenture or other evidence of indebtedness to the Municipal Finance Authority of BritishColumbia.

(3.) Notice of an application to set aside a bylaw, stating the grounds of the application, mustbe served on the municipality as follows:(a) Repealed. [2003-52-229(b)](b) if the bylaw is a bylaw requiring the assent of the electors that the council

purported to adopt without assent, the notice may be served more than onemonth after the adoption of the bylaw, but must be served at least 10 daysbefore the hearing;

(c) subject to subsection (3.1), in any other case, the notice must be served at least



10 days before the hearing and not more than one month after the adoption ofthe bylaw.

(3.1) Notice of an application to set aside a security issuing bylaw of a regional district, statingthe grounds of the application, must be served on the regional district at least 5 daysbefore the hearing and not more than 10 days after the adoption of the bylaw.

(4.) Except for a bylaw referred to in subsection (3) (b), an order under this section relating toa bylaw must not be made unless the application is heard within 2 months after theadoption of the bylaw.

RS1979-290-313, 314, 316; 1980-50-62; 1998-34-40; 1999-37-68; 2003-52-229.

Assessment or rate stands unless bylaw set aside

263. A person assessed under or subject to a rate under a bylaw by which an assessment ismade or a rate is imposed is not entitled to plead a defect in the bylaw as a defence to aclaim for payment of that rate except by application to set aside the bylaw.

RS1979-290-317.

Declaratory orders264. (1.) An application for a declaratory order relating to a bylaw must not be entertained more

than one month after the adoption of the bylaw, if the application is brought on theground of(a) irregularity in the method of enactment, or(b) irregularity in the form of a bylaw.

(2.) Except for a bylaw referred to in section 262 (3) (b), a declaratory order relating to abylaw must not be made unless the application is heard within 2 months after theadoption of the bylaw.

RS1979-290-315, 316.

Right of action on illegal bylaw265. (1.) If

(a) all or part of a bylaw is illegal, and(b) anything has been done under the bylaw that, because of the illegality, gives a

person a right of action,the action must not be brought until the end of the time period under subsection (2).

(2.) An action referred to in subsection (1) must not be brought until(a) one month after all or part of the bylaw has been set aside, and(b) one month’s notice has been given to the municipality.

(3.) An action referred to in subsection (1) must be brought against the municipality only, andnot against a person acting under the bylaw.

RS1979-290-318.

Part 6: Division 3 – Enforcement of Regional District Bylaws

Fines and penalties266. (1.) A board may make bylaws for

(a) the purposes of enforcing the bylaws of the regional district by fine, by



imprisonment or both, and(b) imposing fines, penalties and costs.

(2.) Section 261 [payment of fines and other penalties] of the Community Charter applies toregional districts.

2003-52-230.

Ticketing for bylaw offences266.1 (1.) Division 3 [Ticketing for Bylaw Offences] of Part 8 of the Community Charter applies to

regional districts.(2.) For the purpose of subsection (1), a reference in section 265 [penalties in relation to

ticket offences] of the Community Charter to a bylaw is to be read as a reference to abylaw under section 266 (1) of this Act.

2003-52-230.

Application of the Local Government Bylaw Notice Enforcement Act

266.2 (1.) Subject to the regulations under the Local Government Bylaw Notice Enforcement Act, aregional district bylaw may be enforced by bylaw notice under and in accordance withthat Act.

(2.) If a matter is prescribed for the purpose of section 4 (2) of the Local Government BylawNotice Enforcement Act, a board that adopts or has adopted a bylaw in relation to thematter may only enforce the bylaw by bylaw notice under that Act.

2003-60-32, 33(b); 2004-51-25.

Bylaw contraventions - offences and penalties267. (1.) If a bylaw establishes a regulation or requirement to be observed in a regional district, a

person who contravenes the regulation or requirement commits an offence that ispunishable in the same manner as if the bylaw had expressly forbidden persons fromdoing or refraining from doing the act.

(2.) In a prosecution for an offence against a regional district bylaw, the justice or court mayimpose all or part of the penalty or punishment authorized by the bylaw, this Act or the Offence Act, together with the costs of prosecution.

(3.) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justiceor court may, by order, authorize all or part of the penalty and costs to be levied bydistress and sale of the offender's goods and chattels.

(4.) If there is no distress out of which the penalty and costs or part of the penalty and all ofthe costs can be levied, the justice or court may commit the offender to imprisonment forthe term, or part of the term, specified in the bylaw.

2003-52-230.

Inspections to determine whether bylaws are being followed

268. If a board has authority to regulate, prohibit and impose requirements in relation to amatter, the board may, by bylaw, authorize officers, employees and agents of theregional district to enter, at all reasonable times, on any property to inspect anddetermine whether all regulations, prohibitions and requirements are being met.

2003-52-230.



Regional district action at defaulter's expense

269. (1.) The authority of a board under this or another Act to require that something be doneincludes the authority to direct that, if a person subject to the requirement fails to take therequired action, the regional district may(a) fulfill the requirement at the expense of the person, and(b) recover the costs incurred from that person as a debt.

(2.) Section 363.2 [special fees and charges that are to be collected as taxes] applies to anamount recoverable under subsection (1) that is incurred for work done or servicesprovided in relation to land or improvements.

2003-52-230.


Part 6: Division 4


Part 6: Division 5




PART 7 – LEGAL PROCEEDINGS

Part 7: Division 1 – Proceedings by Regional Districts

Enforcement by civil proceedings281. Division 4 [Enforcement by Civil Proceedings] of Part 8 of the Community Charter

applies to regional districts.2003-52-232.


Recovery of utility rates by legal remedy of distress

283. (1.) In addition to other remedies in this Act for the collection and recovery of gas, electricalenergy or water rates authorized by this Act, the payment of those rates may beenforced by distress and sale of the goods and chattels of the person owing the rateswherever those chattels are found in the regional district.

(2.) The costs chargeable in relation to distress under this section are those payable underthe Rent Distress Act, unless another scale is provided under this Act.

RS1979-290-752; 2003-52-233.

Scale of costs on distress284. A board may, by bylaw, regulate and alter the scale of costs payable in cases of distress

under this Act.RS1979-290-753; 2003-52-234.

Part 7: Division 2 – Proceedings against Municipality

Limitation period for actions against municipality

285. All actions against a municipality for the unlawful doing of anything that(a) is purported to have been done by the municipality under the powers conferred

by an Act, and(b) might have been lawfully done by the municipality if acting in the manner

established by law,must be commenced within 6 months after the cause of action first arose, or within afurther period designated by the council in a particular case, but not afterwards.

RS1979-290-754.

Immunity unless notice given to municipality after damage



286. (1.) A municipality is in no case liable for damages unless notice in writing, setting out thetime, place and manner in which the damage has been sustained, is delivered to themunicipality within 2 months from the date on which the damage was sustained.

(2.) In case of the death of a person injured, the failure to give notice required by this sectionis not a bar to the maintenance of the action.

(3.) Failure to give the notice or its insufficiency is not a bar to the maintenance of an action ifthe court before whom it is tried, or, in case of appeal, the Court of Appeal, believes(a) there was reasonable excuse, and(b) the defendant has not been prejudiced in its defence by the failure or

insufficiency.RS1979-290-755; 1998-34-44.

Immunity for individual municipal public officers

287. (1.) In this section, “municipal public officer” means any of the following:(a) a member of a council;(b) a director of a regional board;(c) a trustee of an improvement district;(d) a member of a commission established under section 176 (1) (g) [corporate

powers] of this Act or section 143 [municipal commissions] of the CommunityCharter;

(d.1) a member of a library board under the Library Act;(e) a commissioner for a local community commission under section 838;(f) a member of any greater board or of any board that provides similar services

and is incorporated by letters patent;(g) a member of an advisory planning commission under section 898;(h) a member of a board of variance under section 899;(i) a member of the Okanagan-Kootenay Sterile Insect Release Board or an officer

or employee of that board;(j) a member of the Okanagan Basin Water Board;(k) a trustee of a body of the Islands Trust under the Islands Trust Act;(l) an officer or employee of a municipality, regional district, improvement district,

library board under the Library Act, a greater board referred to in paragraph (f),the trust council under the Islands Trust Act or the Okanagan Basin WaterBoard;

(m) an election official within the meaning of Part 3 and a regional voting officerunder section 167;

(n) a volunteer firefighter or a special constable;(o) a volunteer who participates in the delivery of services by a municipality, regional

district or a body referred to in paragraphs (c) to (j) under the supervision of anofficer or employee of the municipality, regional district or any of those bodies;

(p) a member of a board of trustees established or appointed by a municipalityunder section 37 of the Cremation, Interment and Funeral Services Act;

(q) a member of a municipal committee, of a board committee, or of a committeeunder section 740.1 [appointment of select and standing committees] who is notalso a member of the council, board or board of trustees, as applicable.

(2.) No action for damages lies or may be instituted against a municipal public officer or



former municipal public officer(a) for anything said or done or omitted to be said or done by that person in the

performance or intended performance of the person’s duty or the exercise of theperson’s power, or

(b) for any alleged neglect or default in the performance or intended performance ofthat person’s duty or exercise of that person’s power.

(3.) Subsection (2) does not provide a defence if(a) the municipal public officer has, in relation to the conduct that is the subject

matter of the action, been guilty of dishonesty, gross negligence or malicious orwilful misconduct, or

(b) the cause of action is libel or slander.(4.) Subsection (2) does not absolve any of the corporations or bodies referred to in

subsection (1) (a) to (k) from vicarious liability arising out of a tort committed by any ofthe individuals referred to in subsection (1) for which the corporation or body would havebeen liable had this section not been in force.

RS1979-290-755.1; 1987-14-7; 1989-73-2; 1989-21-137; 1989-68-60; 1990-60-3; 1993-54-31; 1994-43-59; 1997-25-70; 1998-34-45; 2000-7-35;

2003-52-235; 2004-35-87.

Defence for financial officer287.1 It is a good defence to any action brought against the local government financial officer

for unlawful expenditure of local government funds if it is proved that the individual gavea written and signed warning to the council or board that, in his or her opinion, theexpenditure would be unlawful.

2003-52-236.

Indemnification against proceedings287.2 (1.) In this section:

"indemnification" means the payment of amounts required or incurred(a) to defend an action or prosecution brought against a person in connection with

the exercise or intended exercise of the person's powers or the performance orintended performance of the person's duties or functions,

(b) to satisfy a judgment, award or penalty imposed in an action or prosecutionreferred to in paragraph (a), or

(c) in relation to an inquiry under Part 2 of the Inquiry Act, or to another proceeding,that involves the administration of the municipality or the conduct of municipalbusiness;

"municipal official" means(a) a current or former council member,(b) a current or former municipal officer or employee, or(c) a person who is or was a person referred to in section 287 (1) [immunity for

individual municipal public officers], but only in relation to the exercise of powersor the performance of duties or functions for or on behalf of a municipality.

(2.) A council may do the following:(a) by bylaw, provide for the indemnification of municipal officials in accordance with



the bylaw;(b) by resolution in a specific case, indemnify a municipal official.

(3.) As a limit on indemnification under subsection (2), a council must not pay a fine that isimposed as a result of a municipal official's conviction for an offence that is not a strict orabsolute liability offence.

(4.) Sections 100 [disclosure of conflict] and 101 [restrictions on participation if in conflict] ofthe Community Charter do not apply to a council member who could be, or would be,indemnified under a bylaw or resolution under subsection (2).

(5.) Subject to subsection (6), a council may not seek indemnity against a municipal official inrespect of any conduct of the person that results in a claim for damages against themunicipality.

(6.) The restriction under subsection (5) does not apply if the court makes a finding in theaction that the person has been guilty of dishonesty, gross negligence or malicious orwillful misconduct.

(7.) This section applies to a greater board, the trust council under the Islands Trust Act, theOkanagan-Kootenay Sterile Insect Release Board or a library board under the LibraryAct in relation to any person referred to in section 287 (1) [immunity for individualmunicipal public officers], but only in relation to the exercise of powers or theperformance of duties or functions for or on behalf of that corporation.

2003-52-237.

Immunity against certain nuisance actions

288. A municipality, council, regional district, board or improvement district, or a greaterboard, is not liable in any action based on nuisance or on the rule in the Rylands v.Fletcher case if the damages arise, directly or indirectly, out of the breakdown ormalfunction of(a) a sewer system,(b) a water or drainage facility or system, or(c) a dike or a road.

RS1979-290-755.3; 1987-14-7; 1998-34-47.

Immunity in relation to failure to enforce building bylaws

289. A municipality or a member of its council, a regional district or a member of its board, oran officer or employee of a municipality or regional district, is not liable for any damagesor other loss, including economic loss, sustained by any person, or to the property of anyperson, as a result of neglect or failure, for any reason, to enforce, by the institution of acivil proceeding or a prosecution,(a) a regulation under section 692 (1),(b) a bylaw under Part 21,(c) a bylaw under section 8 (3) (l) [fundamental powers - buildings and other

structures] of the Community Charter, or(d) a bylaw under Division 8 [Building Regulation] of Part 3 of the Community

Charter.2003-52-238.



Limitation on municipal liability regarding building plan approval

290. (1.) If a municipality issues a building permit for a development that does not comply with theProvincial building code or another applicable enactment respecting safety, themunicipality must not be held liable, directly or vicariously, for any damage, loss orexpense caused or contributed to by an error, omission or other neglect in relation to itsapproval of the plans submitted with the application for the building permit if(a) a person representing himself or herself as a professional engineer or architect

registered as such under Provincial legislation certified, as or on behalf of theapplicant for the permit, that the plans or the aspects of the plans to which thenon-compliance relates complied with the then current building code or otherapplicable enactment to which the non-compliance relates, and

(b) the municipality, in issuing the building permit, indicated in writing to theapplicant for the permit that it relied on the certification referred to in paragraph(a).

(2.) Subsection (1) does not apply if a municipality knew that the person making thecertification referred to in that subsection was not, at the time of certification, registeredas a professional engineer or architect under Provincial legislation.

(3.) If a municipality makes an indication in accordance with subsection (1) (b), themunicipality must reduce the fee for the building permit to reflect the costs of the workthat would otherwise be done by a building inspector to determine whether the plans orthe aspects of the plans that were certified to comply do in fact comply with theProvincial building code and other applicable enactments respecting safety.

RS1979-290-755.4; 1990-59-2; 1999-37-73.

Proceedings against municipality in relation to actions of others

291. (1.) This section applies to a proceeding brought against a municipality to recover damagessustained by reason of an obstruction, excavation, cellar or opening in or adjoining astreet, lane, square, public highway or bridge placed, made, left or maintained by aperson other than an employee or agent of the municipality.

(2.) The municipality has a remedy over against the person referred to in subsection (1), andmay enforce payment accordingly of any damages and costs that the plaintiff mayrecover against the municipality.

(3.) The municipality is only entitled to the remedy over if(a) the person referred to in subsection (1) is made a party to the proceeding, and(b) it is established as against that person that the damages were sustained

because of an obstruction, excavation, cellar or opening placed, made, left ormaintained by the person added as a defendant or third party.

(4.) The person referred to in subsection (1) may defend the proceeding against the plaintiff’sclaim and that of the municipality.

(5.) The court may order costs to be paid by or to any party or on any claim set up as in othercases.

RS1979-290-756.




Part 7: Division 3 – Enforcement of Orders against Municipality

Writ of execution against municipality293. (1.) A writ of execution against a municipality may be endorsed with a direction to the sheriff

to levy its amount by rate, and the proceedings on it are to be as provided in thisDivision.

(2.) A writ of execution against a municipality must not be issued without leave of theSupreme Court, which may(a) permit its issue at a time and on conditions the court considers proper, or(b) refuse to permit it to be issued or suspend action under it on terms and

conditions the court thinks proper or expedient, having regard to the reputedinsolvency of the municipality and the security afforded to the person entitled tothe judgment by the registration of the judgment.

(3.) On being satisfied by affidavit by a competent person on behalf of the municipality thatthe municipality intends to appeal with due diligence from the judgment, the court mayrefuse to permit a writ of execution for costs to be issued unless security is given to thesatisfaction of the court by the person to whom the costs are payable for their repaymentto the municipality in the event the judgment is reversed or varied on appeal.

RS1979-290-757.

Copy of writ to be left with municipal officer

294. The sheriff must deliver to the municipal corporate officer [corporate administration], orleave 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 asis convenient to the date of the delivery.

1998-34-48; 2003-52-239.

Tax to be levied if amount not paid

295. (1.) If the amount, with interest on it from the day mentioned in the statement under section294, is not paid to the sheriff within one month after service under that section, the sheriffmust(a) examine the assessment rolls of the municipality, and(b) establish a rate sufficient to cover the amount due on the execution, with an

addition to it that the sheriff believes sufficient to cover the interest and thesheriff’s own fees.

(2.) A rate under subsection (1) must be established in the same manner as a rate undersection 197 (1) (a) [municipal property value taxes] of the Community Charter.

(3.) After establishing the rate, the sheriff must(a) issue a direction to the collector of the municipality,(b) attach to the direction either the roll of the rate or particulars of it, and(c) after

(i) stating the writ,



(ii) stating that the municipality had neglected to satisfy it, and(iii) referring to the roll or the particulars,direct the collector to levy the rate promptly.

RS1979-290-759, 760; 1987-42-81; 1999-37-74; 2003-52-240.

Payment of amount levied296. (1.) If at the time of levying a rate under a direction of the sheriff the tax demand notices for

that year have not been issued, the collector must add a column on the notices, headed“Execution Rate in A.B. v. the Corporation”, and must insert in it the amount required tobe levied under the direction.

(2.) If subsection (1) does not apply, the collector must proceed to issue separate taxdemand notices for the execution rate.

(3.) The collector must with all due diligence return to the sheriff the direction with theamount levied.

(4.) After satisfying the execution and all fees on it, the sheriff must pay any surplus within 10days after receiving it to the municipal financial officer, for the general purposes of themunicipality.

RS1979-290-761, 762; 1998-34-49; 2003-52-241.

Officers of municipality as officers of court

297. (1.) For all purposes connected with carrying into effect, or permitting or assisting the sheriffto carry into effect, the provisions of this Act for executions, the municipal corporateofficer, the municipal financial officer and the collector are deemed to be officers of thecourt in which the writ was issued.

(2.) As officers of the court, the officials referred to in subsection (1) are amenable to thecourt, and may be proceeded against by attachment, or otherwise, to compel them toperform their duties.

RS1979-290-763; 1998-34-50; 2003-52-242.

Certain municipal property exempt from seizure

298. The corporate seal, tools, machinery, equipment and records, office furniture, fixturesand fittings of a municipality are exempt from forced seizure or sale by any process oflaw.

RS1979-290-765.

Part 7: Division 4 – Miscellaneous


Self insurance by local authorities300. (1.) In this section, "local authority" means a municipality, a regional district or an

improvement district.



(2.) A local authority may, with one or more other local authorities,(a) enter into a scheme of self insurance protection under section 187 of the

Financial Institutions Act or under the Insurance (Captive Company) Act, or(b) with the consent of the Superintendent of Financial Institutions, enter into a joint

scheme of self insurance protection.(3.) For a regional district, a scheme under subsection (2) may have a single deductible for

any number of services.2003-52-244.


Nisga’a Final Agreement301.1 (1.) In this section, “Nisga’a Final Agreement” has the same meaning as in the Nisga’a

Final Agreement Act.(2.) The Lieutenant Governor in Council may make regulations prescribing the modifications

considered necessary or advisable for applying this Part for the purposes of paragraphs133, 135 and 138 of the Nisga’a Government Chapter of the Nisga’a Final Agreement.

(3.) The authority to make regulations in subsection (2) applies to provisions of the Community Charter enacted in substitution for or replacement of provisions of this Part.

1999-2-54; 2003-52-246.




PART 8 – SPECIAL POWERS RELATING TO PROPERTY

Part 8: Division 1 – Reservation and Dedication of Regional District Property

Power to reserve and dedicate regional district land for public purpose

302. Section 30 [reservation and dedication of municipal property] of the Community Charterapplies to regional districts.

2003-52-249.

Control of Crown land parks dedicated by subdivision

303. (1.) If land outside a municipality is dedicated to the public for the purpose of a park or apublic square by a subdivision plan deposited in the land title office, by which title isvested in the Crown, the regional district in which it is located is entitled to possessionand control of the land for that purpose.

(2.) If land referred to in subsection (1) was dedicated as referred to in that subsection beforethis Act came into force, the regional district is deemed to have had possession andcontrol of it for that purpose from the date it was dedicated, and continues to have thatpossession and control.

2003-52-249.

Exchange of park land304. (1.) Section 27 [exchange or other disposal of park land] of the Community Charter applies to

land(a) referred to in section 303 [Crown land parks dedicated by subdivision],(b) vested in a regional district under section 936 (5) (a) [park land in place of

development cost charges], or(c) vested in a regional district under section 941 (14) [park land in relation to

subdivision].(2.) All land taken in exchange under this section is dedicated for the purpose of a park or

public square and the title to it vests(a) in the case of land referred to in subsection (1) (a), in the Crown with right of

possession and control in the regional district, and(b) in the case of land referred to in subsection (1) (b) or (c), in the regional district.

(3.) A transfer under this section of land referred to in subsection (1) (a) has effect as aCrown grant.

2003-52-249.

Sections 305. to 305.2 Repealed305. Sections 305. to 305.2 Repealed. [2003-52-249]

Part 8: Division 2 – Municipal Forest Reserves



Establishment of municipal forest reserve

306. (1.) Despite this Act or any law, a council may, by bylaw adopted with the assent of theelectors, set aside as a municipal forest reserve land owned by the municipality that thecouncil 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 butwithout the assent of the electors, set aside and include within a municipal forest reserveestablished under this section any land owned or held by the municipality.

1998-34-51.

Sale or lease of municipal forest reserve

307. (1.) As a limitation on section 8 (1) [natural person powers] of the Community Charter, acouncil must not sell or lease land set aside as a municipal forest reserve except asprovided in this Division.

(2.) A council may, by bylaw adopted with the approval of the electors, withdraw land from amunicipal forest reserve.

(3.) In addition to the information required by section 86 (2) [alternative approval process -notice] of the Community Charter or section 164 (3) [notice of other voting] of this Act,the notice in relation to approval of the electors under subsection (2) of this section must(a) describe the purpose for which the council intends to withdraw the land from the

municipal forest reserve, and(b) in the case of a sale of the land, state the price that is to be received.

(4.) A council may, by bylaw adopted with the assent of the electors, lease for a term notlonger 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.

2003-52-250.

Cutting and removal of timber308. (1.) Without limiting section 8 (1) [natural person powers] of the Community Charter, a

council may cut, sell, remove or otherwise dispose of any timber or other products from amunicipal forest reserve.

(2.) An agreement between a municipality and a person for the cutting and removal of timberfrom 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.

1998-34-51; 2003-52-251.

Part 8: Division 3 – Expropriation and Compensation



Expropriation power309. (1.) For the purpose of exercising or performing its powers, duties and functions, a regional

district may expropriate real property or works, or an interest in them, in accordance withthe Expropriation Act.

(2.) The power under subsection (1) also applies to property outside the regional district forthe purposes of(a) a service provided by the regional district to an area outside the regional district,

or(b) establishing and managing quarries, sand pits or gravel pits to acquire material

for regional district works.2003-52-252.

Authority in relation to services310. (1.) Without limiting section 309 [expropriation power], a regional district may, for the

purposes of one or more of its services, enter on, break up, alter, take or enter intopossession of and use real property.

(2.) If a regional district exercises an authority to provide a service outside the regionaldistrict, the power under subsection (1) applies to property outside the regional district inrelation to that service.

(3.) The authority under this section may be exercised without the consent of the owner ofthe property, subject to the restrictions established by section 16 [authority to enter on orinto property] of the Community Charter, as that section applies under section 314.1 [authority to enter on or into property] of this Act.

2003-52-252.

Entry on land to mitigate damage311. (1.) If a board considers that real property may be injuriously affected by the exercise of a

board power, the regional district may enter on real property and undertake works ofconstruction, maintenance or repair in mitigation of injury done or anticipated, or inreduction of compensation.

(2.) The authority under this section may be exercised without the consent of the owner ofthe property, subject to the restrictions established by section 16 [authority to enter on orinto property] of the Community Charter, as that section applies under section 314.1 [authority to enter on or into property] of this Act.

2003-52-252.

Compensation for expropriation and other actions

312. (1.) Unless expressly provided otherwise, if a regional district expropriates real property orworks under this or any other enactment, compensation is payable to the owners,occupiers or other persons interested in the property for any damages necessarilyresulting from the exercise of those powers beyond any benefit that the person claimingthe compensation may derive from the work resulting from the expropriation.

(2.) If a regional district(a) exercises a power to enter on, break up, alter, take or enter into possession of

and use any property, or injuriously affects property by the exercise of any of itspowers, and



(b) exercises a power referred to in paragraph (a) that does not constitute anexpropriation within the meaning of the Expropriation Act,

compensation is payable for any loss or damages caused by the exercise of the power.(3.) For the purposes of subsection (2), compensation must be paid as soon as reasonably

possible in an amount set(a) by agreement between the person claiming the compensation and the regional

district, or(b) if no agreement is reached, by the Expropriation Compensation Board.

2003-52-252.


Part 8: Division 4 – Other Regional District Powers

Power to accept property on trust314. (1.) Without limiting section 176 [corporate powers], a board may accept any property

devised, bequeathed, conveyed or otherwise transferred to the regional district, subjectto 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 wastransferred, a board may sell the property despite any limitations or restrictions in thisAct.

(3.) All money held by a regional district subject to a trust, until required for the purposes ofthe trust, must be invested in accordance with section 183 [investment of municipalfunds] of the Community Charter as that section applies under section 814 (3) of this Act.

(4.) If, in the opinion of a board, the terms or trusts imposed by a donor, settlor, transferor ortestator are no longer in the best interests of the regional district, the board may apply tothe Supreme Court for an order under subsection (5).

(5.) On an application under subsection (4), the Supreme Court may vary, by order, theterms or trusts that the court considers will better further both the intent of the donor,settlor, transferor or testator and the best interests of the regional district.

(6.) Section 87 [discharge of trustee's duty] of the Trustee Act applies to an order undersubsection (5).

2003-52-253.

Authority to enter on or into property314.1 (1.) Section 16 (1) to (5) [authority to enter on or into property] of the Community Charter

applies in relation to an authority under this or another Act for a regional district to enteron property, except that a reference to subsection (6) (a) of that section is to be read asa reference to section 268 [inspections to determine whether bylaws are being followed]of this Act.

(2.) Without limiting the matters to which this section applies, a regional district may enter onproperty for the purpose of taking action authorized under section 269 [regional districtaction at defaulter's expense].

2003-52-253.





Part 8: Division 4.1 – Special Municipal Powers

Irrigation services315.1 (1.) If a municipal bylaw establishes

(a) taxes or fees for the supply of water for irrigation, or(b) other terms on which the service may be supplied or used,the bylaw overrides the terms of any agreement respecting the carriage or supply ofwater for irrigation entered into by a company or other person from whom themunicipality has acquired a water licence or works.

(2.) An extension to a system for supplying water for irrigation must not be made for thepurpose of supplying water to other land if the extension will prejudicially affect the priorrights of any parties to the use of the water intended to be conveyed and distributed bythe extension.

2003-52-253.

District municipality drainage works315.2 (1.) A district municipality may

(a) collect the water from any highway by means of drains or ditches, and(b) convey the water to, and discharge the water in, the most convenient natural

waterway or watercourse.(2.) A municipality proposing to construct drains or ditches authorized by subsection (1) must

publish a notice in accordance with subsection (3) in a newspaper once a week for 4consecutive weeks.

(3.) The notice under subsection (2) must state that(a) the municipality intends to undertake the works,(b) plans and specifications of the works may be inspected at the municipal hall, and(c) all claims for damages or compensation arising out of the construction,

maintenance, operation or use of the works must be filed with the municipalitywithin one month from the date of the fourth publication of the notice.

(4.) No person has a claim for damages or compensation arising out of or by reason of theconstruction, maintenance, operation or use of the drains or ditches unless the personhas filed a claim referred to in subsection (3) (c) within the time period established bythat subsection.

(5.) If the municipality proceeds with the works or a portion of them, every claim must bedetermined in accordance with Division 4 [Expropriation and Compensation] of Part 3 ofthe Community Charter.

(6.) If the construction of the drains or ditches is not started within one year from the date ofthe fourth publication of the notice under subsection (2), the construction must not



proceed unless new notice is given in accordance with that subsection.(7.) No action arising out of, by reason of or in respect of the construction, maintenance,

operation or use of a drain or ditch authorized by this section, whenever the drain orditch is or was constructed, may be brought or maintained in a court against a districtmunicipality.

(8.) This section does not restrict the powers of the municipality under this Act or anotherenactment and, in the case of a conflict, this section prevails.

2003-52-253.

Part 8: Division 4.2 – Other Powers

Further powers in relation to assets315.3 The minister may confer on a local government further powers to manage and dispose of

assets, including taxation revenue, that the minister considers necessary or advisable.2003-52-253.



PART 9




PART 10 – MUNICIPAL TAXATION: SPECIAL CASES


Forest land352. (1.) Despite this Act or the Community Charter, land in a municipality that is forest land as

defined in the Assessment Act must be so classified by the assessor and assessedunder that Act, but taxed under section 197 (1) (a) [municipal property taxes] of the Community Charter.

(2.) The exemption provided by section 15 (1) (l) of the Taxation (Rural Area) Act applies toland in a municipality, but section 131 (2) of the School Act applies for the purposesreferred to in section 197 (1) (b) [property taxes for other bodies] of the CommunityCharter.

2003-52-258.

Taxation of certain utility company property

353. (1.) In this section:"specified improvement" means an improvement of a utility company that is

(a) a pole line, cable, tower, pole, wire, transformer, equipment, machinery,exchange equipment, main, pipe line or structure, other than a building,

(b) erected or placed in, on or affixed to(i) land in a municipality, or(ii) a building, fixture or structure in or on land in a municipality, and

(c) used solely in the municipality or a group of adjoining municipalities by thecompany for local generation, transmission, distribution, manufacture ortransportation of electricity, telephonic communication, water, gas or closedcircuit television;

"utility company" means an electric light, electric power, telephone, water, gas or closed circuittelevision company.

(2.) A utility company that is carrying on business in a municipality in which it has specifiedimprovements must be taxed annually by the municipality at the rate of 1% as follows:(a) for a telephone or closed circuit television company, on the gross rentals

received in the second preceding year from its subscribers for telephone ortelevision service located in the municipality, including telephone interexchangetolls for calls between exchanges in the municipality;

(b) for any other utility company, on the amount received in the second precedingyear by the company for electric light, electric power, water or gas consumed inthe municipality, other than amounts received for(i) light, power or water supplied for resale,(ii) gas supplied for the operation of motor vehicles fueled by natural gas, or



(iii) gas supplied to any gas utility company, other than a governmentcorporation as defined in the Financial Administration Act or a subsidiaryof a government corporation.

(3.) Tax under subsection (2) is subject to the same remedies and penalties as taxes underPart 7 [Municipal Revenue] of the Community Charter.

(4.) A utility company liable to tax under subsection (2) must(a) by October 31 in each year, for the purpose of determining the tax payable in the

next year, file with the collector a return of the revenue referred to in thatsubsection that was received in the preceding year, and

(b) pay the tax imposed under subsection (2) in accordance with Division 10 [Property Tax Due Dates and Tax Notices] of Part 7 of the Community Charter.

(5.) As an exception to subsections (2) and (4), in the case of a company to which thissection applies for the first time in the municipality,(a) the company must pay the tax imposed under subsection (2) in the second year

of its operation on the basis of revenue earned in the first year, and(b) the report of revenue earned in the first year must be filed before May 8 of the

second year of operation.(6.) Tax imposed on a utility company under subsection (2) is in place of tax that might

otherwise be imposed on the specified improvements under section 197 (1) (a) [municipal property taxes] of the Community Charter, and taxes may not be imposedunder that provision on the specified improvements although they may be imposed onthose improvements under section 197 (1) (b) [property taxes for other bodies] of the Community Charter.

(7.) For certainty, all land and improvements of a utility company in a municipality, other thanspecified improvements, are subject to tax under section 197 [annual property tax bylaw]of the Community Charter.

2000-7-50; 2003-52-259.





PART 10.1 – REGIONAL DISTRICT FEES, CHARGES AND INTEREST


Imposition of fees and charges363. (1.) A board may, by bylaw, impose a fee or charge payable in respect of

(a) all or part of a service of the regional district, or(b) the use of regional district property.

(2.) Without limiting subsection (1), a bylaw under this section may do one or more of thefollowing:(a) if the bylaw is in relation to an authority to provide a service or regulate outside

the regional district, apply outside the regional district;(b) base the fee or charge on any factor specified in the bylaw, including by

establishing different rates or levels of fees in relation to different factors;(c) establish different classes of persons, property, businesses and activities and

different fees or charges for different classes;(d) establish terms and conditions for payment, including discounts, interest and

penalties;(e) provide for the reduction, waiving or refund of a fee or charge if, as specified in

the bylaw, a person(i) has already paid towards the costs to which the fee or charge relates,(ii) does not require the service to which the fee or charge relates,(iii) no longer undertakes the activity or thing for which a licence, permit or

approval was required, or(iv) has prepaid towards the costs of the service to which the fee or charge

relates and use of the service by the person is discontinued;(f) establish fees for obtaining copies of documents that are available for public

inspection.(3.) As an exception, a board may not establish a fee or charge under this section

(a) in relation to Part 3 [Elections] or 4 [Other Voting], or(b) in relation to any other matter for which another provision of this Act specifically

authorizes the imposition of a fee or charge.(4.) A regional district must make available to the public, on request, a report respecting how

a fee or charge imposed under this section was determined.1999-37-100; 2000-7-51; 2003-52-264.

Interest calculation363.1 A regional district may, by bylaw, establish the manner in which interest is calculated if

(a) this or another Act provides a requirement or authority to apply interest to anamount owed to, or owing by, the regional district, and

(b) the manner in which interest is calculated is not otherwise provided for.2003-52-265.



Special fees and charges that are to be collected as taxes

363.2 (1.) This section applies to the following:(a) regional district fees or charges imposed under this Act for work done or services

provided to land or improvements;(b) fees imposed under section 726 (1) (b) [fire and security alarms systems];(c) amounts that a regional district is entitled to recover for work done or services

provided to land or improvements under any provision of this Act that authorizesthe regional district to recover amounts in the event of default by a person.

(2.) If an amount referred to in subsection (1) is due and payable by December 31 and isunpaid on that date,(a) the amount is deemed to be taxes in arrear,(b) the regional district financial officer must promptly, after December 31, forward a

statement showing the amount of the fee or charge(i) to the Surveyor of Taxes in the case of real property that is not in a

municipality, or(ii) to the applicable municipal collector in other cases, and

(c) the Surveyor of Taxes or collector must add the amount of the fee or charge tothe taxes payable on the property.

(3.) If an amount is added to taxes under subsection (2) (c),(a) the amount is deemed to be a Provincial or municipal tax, as applicable, and

must be dealt with in the same manner as taxes against the property would beunder the Taxation (Rural Area) Act or the Community Charter, and

(b) when it is collected, the Minister of Finance or collecting municipality must paythe amount to the regional district to which it is owed.

(4.) If an amount is added under subsection (2) (c) and is not paid at the time the property issold by tax sale,(a) if the upset price is obtained at the time of the tax sale, the minister or

municipality referred to in subsection (3) must pay out of the proceeds of thesale the amount due under this section to the regional district to which it is owed,or

(b) if the upset price is not obtained and subsequently the property is sold, theproceeds of the sale must be applied according to the respective interests in theupset price.

(5.) Despite subsections (2) to (4), the regional district to which the amount is owed maybring action in a court of competent jurisdiction to recover that amount.

2003-52-265.

Special fees and charges that are liens against property

364. (1.) This section applies to amounts that are referred to in section 363.2 [special fees andcharges that are to be collected as taxes].

(2.) An amount referred to in subsection (1)(a) is a charge or lien on the land and its improvements in respect of which the

charge is imposed, the work done or services provided,(b) has priority over any claim, lien, privilege or encumbrance of any person except

the Crown, and



(c) does not require registration to preserve it.(3.) An owner of land or real property aggrieved by the creation of a charge or lien under this

section may, on 10 days’ written notice to the regional district, apply to the SupremeCourt for an order that the charge be removed or that the amount for which it wasimposed be varied.

(4.) On an application under subsection (3), if the court is satisfied that any of the amount forwhich the charge or lien was created was imposed improperly, it may order that thecharge or lien be removed or that the amount be varied, or make another order itconsiders proper.

1999-37-100; 2003-52-266.



PART 11 – ANNUAL MUNICIPAL TAX SALE





Annual tax sale403. (1.) At 10 a.m. on the last Monday in September, at the council chambers, the collector must

conduct the annual tax sale by offering for sale by public auction each parcel of realproperty on which taxes are delinquent.

(2.) If the last Monday in September is a holiday, the tax sale must instead be held on thenext Monday that is not a holiday.

(3.) The collector may adjourn the tax sale to the same hour on the following day, and fromday to day until each parcel is disposed of.

(4.) The collector may act as auctioneer at the tax sale.(5.) The collector may also offer for sale at the tax sale the other improvements on the real

property that are taxable under this Act or the Community Charter and on which taxesare delinquent.

(6.) A sale under subsection (5) must be in accordance with section 252 [recovery of taxesby the legal remedy of distress] of the Community Charter.

(7.) The sale of real property under this section is not a bar to a sale under section 252 [recovery of taxes by the legal remedy of distress] of the Community Charter.

RS1979-290-457; 1992-18-42; 1994-52-81; 2003-52-270.

Exemption of Crown land from tax sale404. (1.) A council may, by bylaw, exempt from the tax sale the sale of any real property owned

by the Provincial government.(2.) An exemption under subsection (1) does not relieve the real property from taxes lawfully

imposed or prejudice the right of the collector to offer it for sale in a succeeding year.RS1979-290-458.

Notice of tax sale405. (1.) Notice of the time and place of the tax sale and the description and street address, if

any, of the property subject to tax sale must be published in at least 2 issues of a



newspaper.(2.) The last publication under subsection (1) must be at least 3 days and not more than 10

days before the date of the tax sale.RS1979-290-459; 1994-52-82.

Municipality may bid at tax sale406. A person authorized by the council may bid for the municipality at the tax sale up to a

maximum amount set by the council.RS1979-290-460.

Upset price and conduct of tax sale407. (1.) The collector is authorized to receive from the proceeds of a sale under section 403 the

following amounts for the use of the municipality:(a) the amount of delinquent taxes, taxes in arrear and interest to the first day of the

tax sale for which the parcel of land and the improvements are liable for sale;(b) the taxes, including penalties incurred, for the current year on the land and

improvements;(c) 5% of the amounts under paragraph (a) and (b);(d) the fees prescribed under the Land Title Act.

(2.) The total of the amounts under subsection (1) is the upset price and the lowest amountfor which the parcel may be sold.

(3.) The highest bidder above the upset price or, if there is no bid above the upset price, thebidder at the upset price, must be declared the purchaser.

(4.) If there is no bid, or no bid equal to the upset price, the municipality must be declared thepurchaser.

(5.) If the municipality has been declared the purchaser of a parcel, the collector may offerthe parcel for sale again later at the tax sale on the same conditions as before.

(6.) If a purchaser fails to immediately pay the collector the amount of the purchase price, thecollector must promptly again offer the parcel for sale.

RS1979-290-461; 1987-15-35.

Purchaser to give authority to register tax sale title

408. (1.) At the time of the tax sale and before the purchaser is given the certificate of sale, apurchaser other than the municipality must provide a statement, signed by the purchaseror the purchaser’s agent,(a) setting out the purchaser’s full name, occupation and address, and(b) authorizing the collector to make the application referred to in section 420 (2) to

register at the appropriate time the purchaser’s title to the real property.(2.) A statement under subsection (1) must be preserved with the records of the sale.

RS1979-290-462.

Collector to provide certificate of sale

409. After a sale to a person other than the municipality, the collector must sign and give tothe purchaser a certificate(a) describing the parcel sold,



(b) stating the sale price, and(c) stating that an indefeasible title will be applied for on the purchaser’s behalf at

the end of one year from the date of sale unless the property is redeemed or thesale is cancelled under section 423.

RS1979-290-463; 1982-60-111.

Tax sale of Crown land subject to an agreement to purchase

410. (1.) The collector may, by sale held at the annual tax sale, sell land, the fee simple of whichis vested in the Provincial government, but held by a person under an agreement topurchase.

(2.) A sale under this section is subject to the interest of the Provincial government and thecollector must expressly state at the sale that the interest of the Provincial government isprior to all claims and is not affected by the sale.

(3.) Sections 412 to 420 do not apply to a sale under this section.(4.) The collector must sign and give the purchaser of land at a sale under this section a

certificate that(a) describes the land sold,(b) states the price at which the land was sold,(c) states that the interest of the Provincial government has priority over all claims

and is not affected by the sale, and(d) states that the sale is made under this section.

(5.) The collector must promptly provide to the minister responsible for the administration ofthe Land Act(a) a copy of the certificate under subsection (4), and(b) the address of the purchaser.

RS1979-290-455.

Provincial government may accept tax sale purchaser

411. (1.) The minister responsible for the administration of the Land Act may accept the tax salepurchaser as purchaser of the land and may deal with that purchaser to the exclusion ofthe person whose interest was sold at the tax sale and of all persons claiming under thatperson.

(2.) If that minister accepts the tax sale purchaser as purchaser of the land, the minister mustnotify the collector of this.

(3.) If that minister does not accept the tax sale purchaser as purchaser of the land or doesnot notify the collector within 6 months from the date of sale that the minister hasaccepted the purchaser, the purchaser is entitled to a refund from the municipality of theamount the purchaser paid together with interest at the rate prescribed under subsection(4).

(4.) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes ofsubsection (3).

(5.) If a refund is made under subsection (3), the collector must promptly replace the amountof the upset price, together with the interest paid to the purchaser, as delinquent taxeson the land.

RS1979-290-456; 1992-18-41; 1999-37-105.



Resale of land purchased by municipality at tax sale

412. (1.) If property is purchased by a municipality under section 407 and is not sold later at thetax sale, within 9 months after the purchase, the council may sell the property to anyperson for not less than the upset price plus interest accrued from the date of purchaseat the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.

(2.) On a sale under this section, the council must direct the collector to give the purchaser acertificate similar to that under section 409.

(3.) A sale under this section does not affect the period for or the right of redemption by theowner under this Act.

RS1979-290-465; 1992-18-43.

Notice of tax sale must be filed in land title office413. Promptly after selling property for taxes, the collector must

(a) file in the proper land title office the notice of the tax sale, and(b) pay the fees prescribed under the Land Title Act for filing the notice and making

the proper references.RS1979-290-464; 1987-15-36.


Owners must be given notice of tax sale and redemption period

414. (1.) Not later than 3 months after the sale of property at the tax sale, the collector must givewritten notice of the sale and of the day the redemption period ends, either by servingthe notice or by sending it by registered mail, to persons registered in the land title office(a) as owner of the fee simple of the property, or(b) as owner of a charge on the property.

(2.) On application, the Supreme Court may order that the notice under subsection (1) maybe served by substituted service in accordance with the order.

(3.) No liability or responsibility other than as set out in subsection (1) rests with the collectoror municipality to give notice of the sale for taxes.

RS1979-290-466; 1992-18-44.

Assessment and taxes during redemption period

415. (1.) During the period allowed for redemption, real property sold at the tax sale must continueto be assessed and taxed in the name of the person who at the time of sale appeared onthe assessment roll as owner and that person is liable for taxes accruing.

(2.) The accruing taxes continue to be a special lien on the property under section 250 [taxesare a special charge on the land] of the Community Charter.

(3.) The purchaser at the tax sale may pay the taxes that become due during the period ofredemption, and the amount paid must be added to the amount required to redeem.

RS1979-290-467; 2003-52-271.

Application of surplus from tax sale



416. (1.) If the property is not redeemed, money received by the collector at the tax sale abovethe upset price must be paid without interest to the owner at the time of the tax sale, onwritten application to the council.

(2.) The money must not be paid to the owner if a claim to the surplus is made by anotherperson on the ground that the property belonged to the other person, or that the otherperson is otherwise entitled to the surplus.

(3.) If a claim referred to in subsection (2) is made, the money must, without leave, be paidinto the Supreme Court, accompanied by(a) a copy of the certificate of sale under section 409, and(b) a statement of the municipal corporate officer setting out the facts under which

the payment into court is made and the names of both the owner at the time ofthe tax sale and the claimant.

(4.) Money paid into court under subsection (3) is payable out of court to the party entitled ona court order to be made on application in a summary manner and subject to the givingof the notices directed by the court.

(5.) If surplus money remains unpaid 6 months after the end of the redemption period, in thenext month the council must have published in a newspaper a notice stating(a) the name of the owner to whom the surplus is payable,(b) the date it became payable, and(c) the amount of the surplus.

(6.) If the surplus remains unclaimed 3 months after publication under subsection (5), it mustbe transferred to the administrator under the Unclaimed Property Act.

(7.) Money transferred under subsection (6) is deemed to be an unclaimed money depositunder the Unclaimed Property Act.

RS1979-290-469; 1989-40-149; 1994-52-83; 1998-34-68; 1999-48-29 (B.C.Reg. 462/99); 2003-9-21 (B.C.Reg. 149/2003); 2003-52-272.

Redemption by owner417. (1.) A parcel of property sold at a tax sale may be redeemed in accordance with this section

by(a) an owner or registered owner in fee simple of the parcel,(b) an owner of a registered charge against the parcel, or(c) another person on behalf of a person referred to in paragraph (a) or (b).

(2.) The time limit for making a redemption is one year from the day the tax sale began, or afurther time allowed by bylaw under subsection (6).

(3.) A redemption is made by paying or tendering to the collector for the use and benefit ofthe purchaser under section 407 the total of the following amounts:(a) the upset price of the parcel at the time of the tax sale;(b) all costs of which the collector has had notice that have been incurred by the

purchaser in maintenance of the real property and in prevention of waste;(c) taxes advanced by the purchaser;(d) interest to the date of redemption on any amount in excess of the upset price

and on the total amount expended by the purchaser under paragraphs (a) to (c)during the period for redemption, at the rate prescribed under section 11 (3) ofthe Taxation (Rural Area) Act.

(4.) So much of the amount received by the collector at the sale for land title fees as is notrequired must be deducted.

(5.) On redemption of a parcel, the purchaser is entitled to receive from the municipality all



amounts paid by the purchaser, together with interest to the date of redemption at therate prescribed under section 11 (3) of the Taxation (Rural Area) Act.

(6.) If the municipality has been declared the purchaser and the property has not beensubsequently sold under section 407, the council may, by bylaw, extend for one yearonly the period for redemption.

RS1979-290-468; 1992-18-45.

Redemption payments by instalments

418. (1.) This section applies in the case of land of which the municipality has been declared thepurchaser under section 407 if(a) there are improvements on the land,(b) the land has not been subsequently sold under section 407 or 412, and(c) the municipality has not adopted a bylaw under section 417 (6).

(2.) A person empowered under section 417 to redeem the land and improvements referredto in subsection (1) is entitled to redeem them under subsection (3) if the person pays tothe collector, on or before the latest date allowed under this Act for redemption, 50% ofthe total of(a) the amount of the upset price for which the land and improvements were offered

for sale, and(b) interest on the amount under paragraph (a).

(3.) A person who makes a payment under subsection (2) may redeem the land andimprovements by paying to the collector the remainder of the total referred to in thatsubsection at any time within 11 months and 21 days from the latest date otherwiseallowed for redemption.

(4.) In the circumstances described in this section, the time for redemption is extendedaccordingly.

RS1979-290-470.

Notice of redemption must be filed in land title office

419. If real property sold for taxes is redeemed within the time allowed for redemption, thecollector must promptly send to the registrar of land titles for filing the notice required bysection 273 of the Land Title Act, together with any applicable fee under that Act.

RS1979-290-471; 1992-18-46.

Registration of purchaser420. (1.) If a parcel of land sold for taxes is not redeemed as provided in this Act, at the end of the

redemption period, the collector must forward a notice to that effect to the registrar ofland titles.

(2.) The notice under subsection (1) must(a) show the full name, occupation and address of the purchaser, and(b) be accompanied by

(i) the fees prescribed under the Land Title Act, and(ii) an application in the form prescribed under the Land Title Act for

registration of title in fee simple in the name of the purchaser.(3.) It is not necessary with the application referred to in subsection (2) (b) to produce an



outstanding absolute certificate of title or duplicate, or interim certificate of indefeasibletitle.

(4.) On forwarding the notice referred to in subsection (1) to the registrar of land titles, themunicipality must immediately notify the administrator under the Property Transfer TaxAct.

(5.) The notice referred to in subsection (1) operates(a) as a conveyance to the purchaser from the registered owner in fee simple,

without proof of the signature of the collector and without an attestation or proofof execution, and

(b) as a quit claim in favour of the purchaser of all right, title and interest of everyprevious owner in fee simple of the parcel, or of those claiming under anyprevious owner, and of all claims, demands, payments, charges, liens,judgments, mortgages and encumbrances of every type, and whether or notregistered in accordance with the Land Title Act, subsisting at the time theapplication to register was received by the registrar, except(i) the matters set out in section 276 (1) (c) to (g) of the Land Title Act, and(ii) any lien of the Crown or an improvement district.

(6.) One application may be made under this section on behalf of a purchaser for registrationof any number of parcels contained in the same block and listed on the one noticeproduced for registration, but subject to the requirements of section 158 of the Land TitleAct.

(7.) If the registrar of land titles refuses to register the title in the name of a purchaser ofproperty at a tax sale and no appeal is made under section 311 of the Land Title Act, or ifan appeal has been made and the decision of the registrar sustained, the municipality isdeemed to have been declared the purchaser of the property at the tax sale, and themunicipality must refund the purchase price, without interest, to the purchaser.

RS1979-290-472; 1987-15-37; 1987-64-10; 1992-21-10; 1998-34-69; 2003-52-273; 2004-34-10.

Effect of tax sale on rights of owner

421. (1.) When real property is sold at a tax sale under this Act, all rights in it held by the personwho at the time of the sale was the owner, the registered owner in fee simple or theregistered owner of a registered charge on the property, immediately cease to exist,except as follows:(a) the property is subject to redemption as provided in this Act;(b) the right to possession of the property is not affected during the time allowed for

redemption, subject, however, to(i) impeachment for waste, and(ii) the right of the purchaser at the tax sale to enter on the property sold to

maintain it in a proper condition and to prevent waste;(c) during the period allowed for redemption, an action may be brought under

section 422 to have the tax sale set aside and declared invalid.(2.) During the period allowed for redemption, subsection (1) does not operate to affect in

any way the rights of the owner, the registered owner in fee simple or the owner of aregistered charge, among or as between themselves.

RS1979-290-473(1)(a),(b),(c), (2).



Action by owner to have tax sale set aside

422. (1.) A person who at the time of a tax sale was the owner, the registered owner in fee simpleor the registered owner of a charge on the real property may bring an action in theSupreme Court to have the sale set aside and declared invalid.

(2.) An action under subsection (1) may only be brought on one or more of the followinggrounds:(a) the property was not liable to taxation during the years in which the taxes for

which the property was sold were imposed;(b) the taxes for which the property was sold were fully paid;(c) irregularities existed in connection with the imposition of the taxes for which the

property was sold;(d) the sale was not fairly and openly conducted;(e) the collector did not give to that person the notice required by section 414.

(3.) An action under this section may not be brought until one month after written notice hasbeen given by the person to the council stating in detail the grounds of complaint.

(4.) During the period allowed for redemption, subsection (1) does not operate to affect inany way the rights of the owner, the registered owner in fee simple or the owner of aregistered charge, among or as between themselves.

RS1979-290-473(1)(c), (2).

Reinstatement of taxes if sale set aside

423. (1.) If the court declares that a tax sale is set aside or invalid for a reason referred to insection 422 (2) (c) or (d), the court may(a) provide that the amount of unpaid taxes on the real property at the date of sale,

together with interest from that date, is a lien on the property as if the tax salehad not taken place, in which case that amount is deemed to be delinquenttaxes,

(b) provide for the immediate payment of those taxes, or(c) otherwise deal with those taxes according to the circumstances.

(2.) During the period allowed for redemption, if the council finds a manifest error in the taxsale or in the proceedings before the sale, it may order that(a) the purchase price be returned to the purchaser together with interest at the rate

prescribed under subsection (3), and(b) the taxes be dealt with as the circumstances require, either

(i) by restoring the taxes as they were before the sale, or(ii) otherwise as directed by the council.

(3.) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes ofsubsection (2) (a).

RS1979-290-474; 1992-18-47; 1999-37-106.


Restrictions on legal actions in relation to tax sale



424. (1.) After the end of the period allowed for redemption, no action may be brought to recoverthe property sold or to set aside its sale.

(2.) No action may be brought(a) against the registrar of land titles or the Attorney General under the Land Title

Act or against the collector in respect of the sale of the property or theregistration of an indefeasible title to it, or

(b) against the municipality in respect of any loss or damage sustained by reason ofthe sale, except as provided in this section.

(3.) A person who at the time of the tax sale was an owner of, a registered owner in feesimple of or an owner of a registered charge on the property must be indemnified by themunicipality for any loss or damage sustained by the person on account of the sale ofthe property if the circumstances referred to in section 422 (2) (a), (b) or (e) existed.

(4.) As limits on subsection (3),(a) no action may be brought to recover indemnity or compensation under this

section after the end of one year from the time allowed by this Act for redemptionof the real property, and

(b) there is no right to indemnity or compensation under subsection (3) if it is shownthat the person claiming indemnity or compensation was aware at the time of taxsale that the property was offered for sale, or was aware during the periodallowed for redemption that it had been sold.

RS1979-290-475; 1982-60-112.

Repossessed tax sale land425. If land that became the property of a municipality as a result of tax sale has been sold by

agreement for sale or subject to mortgage and is repossessed by the municipality forsatisfaction of amounts due, the land is deemed to be again tax sale land.

RS1979-290-540.

Procedure on default of purchaser under agreement

426. (1.) The collector must send a notice in accordance with subsection (2) if(a) land becomes the property of the municipality as a result of tax sale or failure to

pay taxes and is sold by agreement for sale, and(b) there is default in the payment to the municipality of any instalment or interest.

(2.) The notice under subsection (1)(a) must be sent to the purchaser

(i) by personal service on the purchaser, or(ii) by registered mail to the purchaser at the purchaser’s address named in

the agreement for sale, and(b) must be to the effect that, if the amounts in default are not paid within 90 days

from the date of the service or mailing,(i) all the right, title and interest of the purchaser in and to the agreement

for sale, the amounts paid under it and the land referred to in it willcease and determine, and

(ii) the amounts paid under the agreement for sale will be forfeited to themunicipality.

(3.) On application, the Supreme Court may order that a notice under subsection (1) may be



served by substituted service in accordance with the order.(4.) If the purchaser fails to pay or cause to be paid the amounts in default within the period

referred to in subsection (2) (b),(a) all that person’s right, title and interest in and to the agreement for sale, the

amounts paid under it and the land referred to in it cease and determine,(b) the land immediately revests in the municipality, free from all claims in respect of

the agreement for sale, and(c) all amounts paid under the agreement are forfeited to the municipality.

(5.) Despite the Law and Equity Act or any rule of law or equity to the contrary, a person maynot commence or bring an action against the municipality for relief against forfeiture orotherwise in respect of the cancellation of the agreement for sale or the retainer of themoney paid to the municipality under the agreement for sale.

(6.) On the collector filing in the land title office an affidavit of the continuation of the defaultafter the expiration of the 90 day period, together with evidence of notice or service, theregistrar of land titles must cancel all charges or encumbrances, of any type, appearingin the records of the land title office against the land.

(7.) The registrar of land titles may require evidence of sufficiency of service and, if notsatisfied, the service must be effected in the manner the Supreme Court may direct onan application by the municipality without notice to any other person.

RS1979-290-541; 1992-18-54.

Redemption by municipality of land sold for Provincial taxes

427. (1.) This section applies if(a) land in a municipality has become subject to forfeiture to the Provincial

government or has been sold by the Surveyor of Taxes or by the Inspector ofDikes to a person under any statute for the recovery of Provincial taxes, orschool taxes, or diking assessments, or other charges in arrear, and

(b) there are taxes in arrear due to the municipality in respect of the land.(2.) In the circumstances referred to in subsection (1), the council may redeem the land at

any time during the period allowed for redemption by paying to the Surveyor of Taxes orthe Inspector of Dikes, as applicable, the amount required to redeem it as provided in theAct under which the land became subject to forfeiture or was sold.

(3.) On the redemption of land by a council under this section, it may add the amount of theredemption payment made by it to the amount of municipal taxes in arrear in respect ofthe land, and the amount added is deemed to be delinquent taxes under this Act.

(4.) If land subject to forfeiture referred to in subsection (1) has not been redeemed, but hasbeen forfeited to and vested in the Provincial government, the council may purchase theland under the terms of any Act that provides for sale of the forfeited land to themunicipality.

(5.) Despite the sale of land referred to in subsection (1) by the Surveyor of Taxes or by theInspector of Dikes for the recovery of taxes, assessments or other charges in arrear, theland continues to be liable to taxation by the municipality in which it is located.

RS1979-290-477.




PART 12




PART 13




PART 14




PART 15 – SPECIFIC REGIONAL DISTRICT SERVICE POWERS

Part 15: Divisions 1 and 2


Part 15: Division 3 – Fire Protection

Special fire protection powers522. (1.) Subject to the Fire Services Act and the regulations under it, a board may, by bylaw, do

one or more of the following:(a) authorize the fire chief to

(i) enter on property and inspect premises for conditions that may cause afire, increase the danger of a fire or increase the danger to persons orproperty from a fire,

(ii) take the measures described in the bylaw to prevent and suppress fires,including the demolition of buildings and other structures to prevent thespreading of fire, and

(iii) exercise some or all of the powers of the fire commissioner undersection 25 of the Fire Services Act, and for these purposes that sectionapplies;

(b) require the owners or occupiers of real property to remove from a building oryard anything that, in the opinion of the fire chief, is a fire hazard or increasesthe danger of fire;

(c) if property is endangered by debris caused by lumbering, land clearing orindustrial operation, require the person who is carrying on or who has carried onthe operation, or the owner or occupier of the land on which the debris exists, to(i) dispose of the debris, and(ii) undertake any other actions for the purpose of removing or reducing the

dangeras directed by the bylaw or by the fire chief;

(d) deal with any matter within the scope of the Fire Services Act in a manner notcontrary to that Act or the regulations under it.

(2.) The authority of the fire chief under a bylaw under subsection (1) may be exercised by aperson under the authority of the fire chief or by another person designated in the bylaw.

1999-37-121; 2003-52-278.

Part 15: Division 4 – Health

Health protection authority



523. (1.) Subject to the Health Act, a board may, by bylaw,(a) regulate and prohibit for the purposes of maintaining, promoting or preserving

public health or maintaining sanitary conditions, and(b) undertake any other measures it considers necessary for those purposes.

(2.) Section 9 [spheres of concurrent authority] of the Community Charter applies to a bylawunder subsection (1).

(3.) As a further limit on subsection (1), a board must not fluoridate the water supply unlessthe bylaw has received the assent of the electors.

2003-52-279.

Part 15: Division 5


Part 15: Division 6 – Sewers, Storm Drains and Drainage

Special drainage and sewerage authority540. A board may, by bylaw,

(a) regulate and prohibit the design and installation of drainage and sewerage worksprovided by persons other than the regional district, and

(b) require owners of real property to connect their buildings and structures to theappropriate sewer or drain connections in the manner specified in the bylaw.

2003-52-281.

Watercourse may be included in drainage system

541. A board may, by bylaw, make a watercourse part of the regional district drainage system,whether the watercourse is on a highway or on regional district or private land.

2003-52-281.

Requirements respecting drainage works

542. (1.) In this section and section 543, “stream” means a stream as defined in the Water Act.(2.) A board may, by bylaw,

(a) establish requirements that must be met by persons undertaking theconstruction of(i) dikes,(ii) works to maintain the proper flow of water in a stream, ditch, drain or

sewer in the regional district, or(iii) works to reclaim or to protect part of the land mass of the regional

district from erosion by action of the sea or a stream, or any other cause,and

(b) establish requirements that must be met by owners of dikes.



1999-37-121; 2003-52-282.

Appropriation of stream channel or bed

543. (1.) For the purpose of constructing works referred to in subsection (2), a board mayappropriate the land that constitutes the channel or bed of a stream that passes throughthe regional district, without compensation to the owner.

(2.) The power under subsection (1) may be exercised in relation to one or more of thefollowing:(a) dikes;(b) works to maintain the proper flow of water in a stream, ditch, drain or sewer in

the regional district;(c) works to reclaim or to protect part of the land mass of the regional district from

erosion by action of the sea or a stream, or any other cause;(d) works to protect all or part of the banks of the stream from erosion or damage;(e) works to make a watercourse part of the regional district drainage system,

whether the watercourse is on a highway or regional district or private land;(f) works through, under or over land adjoining a highway to protect the highway

from damage by water.(3.) Before exercising the power under subsection (1), the board must, by bylaw, define the

channel or bed of the stream.(4.) A certified copy of every bylaw under subsection (3), together with a plan showing the

channel or bed of the stream as defined in the bylaw, must be filed in the land title officeof the district in which the land affected is located.

1999-37-121; 2003-52-283.

Control of drainage544. (1.) This section applies if a board considers that

(a) the drainage of surface water from outside the regional district into or through anarea inside the regional district should be prevented, diverted or improved, or

(b) drainage of or from an area in the regional district should be prevented,continued beyond the regional district, diverted or improved,

and proposes to undertake works for these purposes.(2.) Before undertaking the proposed works, notice must be

(a) given to any other local government whose area may be affected, and(b) served on all owners of land that may be affected.

(3.) The notice under subsection (2) must state(a) the place in the regional district where details of the project may be inspected,

and(b) the date by which objections to the project must be received by the regional

district.(4.) The date under subsection (3) (b) must be at least one month after the date on which the

notice is given under subsection (2).(5.) On application, the Supreme Court may order that the notice under subsection (2) (b)

may be served by substituted service in accordance with the order.(6.) The designated regional district officer must make a full report to the inspector on all

objections received.



(7.) On the application of a board, the minister may authorize works proposed under thissection on the terms of compensation and cost to owners of land affected that theminister considers proper.

1999-37-121; 2003-52-284.


Remedial authority in relation to drainage and dikes

546. Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter appliesto regional districts in relation to matters referred to in section 75 [harm to drainage ordike] of that Act.

2003-52-286.

Highway construction and dikes547. (1.) If a dike is crossed by a highway or private road, the level of the dike must not be

interfered with.(2.) If the top of a dike forms a portion of a highway, it is the duty of the board to maintain it at

a constant level, and to repair all injury directly or indirectly caused to the dike by its useas a highway.

(3.) For certainty, a board’s duty under subsection (2) is limited to the highway as a highwayand, except as otherwise required, does not extend to or include repair or maintenanceof the dike as distinct from the highway.

(4.) As an exception, subsection (2) does not apply if the board has granted a dikingcommission the privilege of using the existing road for a dike.

1999-37-121; 2003-52-287.

Interjurisdictional watercourses548. A board may make agreements with adjoining municipalities or regional districts, and

also with the owner of any land, through, on or in which runs a natural stream orwatercourse, for one or more of the following:(a) constructing, enlarging or maintaining a culvert, ditch, flume, embankment or

other work;(b) removing obstructions from the stream or watercourse to lessen or prevent the

danger of flooding from it;(c) the granting, expending or accepting of money for the purposes referred to in

paragraphs (a) and (b), even though the work may not be located in themunicipality or regional district granting, expending or accepting the money orentering into the agreement.

2003-52-288.




Part 15: Division 7 – Waste and Recycling

Authority in relation to waste disposal and recycling services

550. A board may, by bylaw, do one or more of the following:(a) require persons to use a waste disposal or recycling service, including requiring

persons to use a waste disposal or recycling service provided by or on behalf ofthe regional district;

(b) require owners or occupiers of real property to remove trade waste, garbage,rubbish and other matter from their property and take it to a specified place;

(c) require the emptying, cleansing and disinfecting of private drains, cesspools,septic tanks and outhouses, and the removal and disposal of refuse from them.

1999-37-121; 2003-52-290.

Part 15: Division 8 – Miscellaneous

Regulation of signs and advertising551. (1.) Subject to the Highway Act, a board may, by bylaw, regulate the erection, placing,

alteration, maintenance, demolition and removal of a sign, sign board, advertisement,advertising device or structure, or any class of them.

(2.) For the purpose of subsection (1), a board may(a) classify structures, things and the whole or a portion of a highway, and(b) make different regulations for

(i) different zones established under a zoning bylaw, and(ii) different classes of highways and portions of them.

1999-37-121; 2003-52-291.

Use of rights of way552. A board may require a person using a local government right of way other than a

highway to provide the regional district, if reasonably possible, with accurate plans andprofiles of any of their works and facilities using the right of way.

2003-52-292.

Irrigation services553. Section 315.1 [irrigation services] applies to regional districts.

2003-52-293.


Authority subject to Water Act555. (1.) The authority of a regional district under the following provisions is subject to the

applicable provisions of the Water Act:section 541 [watercourse may be included in drainage system];



section 542 [requirements respecting drainage works];section 543 [appropriation of stream channel or bed];section 544 [control of drainage];section 548 [interjurisdictional watercourses].

(2.) In addition, the following authorities of a regional district are subject to the applicableprovisions of the Water Act:(a) the authority to acquire, manage, extend and remove

(i) works to maintain the proper flow of water in a stream as defined in the Water Act, ditch, drain or sewer in the regional district,

(ii) dikes, or(iii) works to reclaim or to protect part of the land mass of the regional

district from erosion by action of the sea or a stream as defined in the Water Act, or any other cause;

(b) the authority to regulate a wharf, dock, warehouse or slip owned, held ormanaged by the regional district.

1999-37-121; 2003-52-295.



PART 16




PART 17





PART 18





PART 19

620. to 651.2 Repealed. Sections 620. to 651.2 Repealed. [2003-52-296]



PART 20 – REGULATION OF CARRIERS AND COMMERCIAL VEHICLE LICENSING

Part 20: Division 1 – Regulation of Carriers


Regulation of carriers657. (1.) A council may, by bylaw, regulate carriers of persons or things to the extent to which

they are not subject to regulation or order under another Act.(2.) Without limiting subsection (1) or section 8 (6) [fundamental powers - business] of the

Community Charter, a bylaw under this section may do one or more of the following:(a) establish the maximum and minimum charges that may be made by carriers,

which may be different for different zones or areas of the municipality designatedby bylaw;

(b) establish and alter routes to be taken by carriers;(c) limit the number of vehicles with respect to which persons may be licensed in a

class of carrier.(3.) A bylaw under this section may establish different classes of carriers and make different

provisions for different classes.1999-37-149; 2003-52-300.

Part 20: Division 2


Part 20: Division 3 – Licensing of Commercial Vehicles

Definitions664. For the purposes of this Division:

"commercial vehicle" means a vehicle used by a person on a highway in a participatingmunicipality, if the vehicle is

(a) a commercial vehicle as defined by and licensed under the CommercialTransport Act, or

(b) a vehicle not licensed as referred to in paragraph (a), but used for the collectionor delivery, or both, of merchandise or another commodity in the ordinary courseof a business;

"licence plate" includes licence decal;



"licence year" means the period from March 1 to the last day of February of the following year;

"municipality" includes the City of Vancouver;

"participating municipality" means a municipality in which a bylaw is in force declaring thatthis Division applies in that municipality.

1999-37-149; 2000-7-61.

Application of Division665. Subject to the Motor Carrier Act and despite any other Act relating to a municipality, this

Division applies to all municipalities.1999-37-149.

Commercial vehicle licensing bylaw

666. (1.) A council may, by bylaw, declare that this Division applies to the municipality, and in thatcase it applies in the municipality from and after the start of the licence year that beginsat least 3 months after the adoption of the bylaw.

(2.) A bylaw under subsection (1) must make provision not inconsistent with this Division forthe following:(a) the imposition and collection of licence fees;(b) the issue of licences and licence plates;(c) the transfer of licences and licence plates, and transfer fees.

(3.) A bylaw under subsection (1) may be repealed or amended at any time, but a repealdoes not take effect until the end of the licence year in which the repealing bylaw isadopted.

(4.) A municipality that is not a participating municipality may not impose a licence fee underthis Division or issue a class of licence under this Division.

1999-37-149.

Exemptions from licensing requirements

667. The following commercial vehicles are exempt from this Division:(a) a commercial vehicle licensed as a farm vehicle under the Commercial Transport

Act, except when used for the collection or delivery, or both, of merchandise oranother commodity not required in the ordinary course of the farm undertaking ofthe owner of the vehicle;

(b) a commercial vehicle owned and operated by an improvement district;(c) a commercial vehicle not requiring a licence fee under section 3 (8) of the Motor

Vehicle Act;(d) a commercial vehicle licensed under the Commercial Transport Act that is not

being used by a person for the purpose of the person’s business or by anorganization for profit;

(e) a commercial vehicle licensed under the Commercial Transport Act that isowned by a farmer and used only to transport the produce of the farmer’s farm tomarket and to transport supplies required for the farmer’s farm;



(f) a commercial vehicle owned by the Provincial government.1999-37-149.

Licence plate must be displayed668. Unless exempted under section 667 [exemptions from licensing requirements], a

commercial vehicle must not be operated on a highway in a participating municipalityunless there is displayed on the vehicle a valid and subsisting licence plate issued inaccordance with this Division for the vehicle.

1999-37-149.

Issue and transfer of licence plates669. (1.) On application for a licence under this Division for a commercial vehicle and payment of

the licence fee, a licence plate must be issued for the vehicle.(2.) On application for a licence under this Division for a commercial vehicle operated under

an agreement under section 10 of the Commercial Transport Act and payment of thelicence fee, a licence plate must be issued and is valid for display on any commercialvehicle operated under the agreement.

(3.) Subject to the requirements of a bylaw under this Division, on payment of the prescribedfee together with any sum representing the difference in licence fee required for thetransfer of a licence plate to a commercial vehicle of greater gross vehicle weight, alicence plate may be transferred(a) from one person to another person for the same commercial vehicle, or(b) from one commercial vehicle to another commercial vehicle for the same person.

(4.) The Lieutenant Governor in Council may make regulations prescribing fees for thepurposes of this section and, in relation to fees under subsections (1) and (2), mayprescribe different fees for commercial vehicles of different gross vehicle weight.

(5.) For the purposes of section 671 [fees to be paid to UBCM], an amount paid undersubsection (3) in addition to the prescribed fee is deemed to be a licence fee.

1999-37-149.

Term of licences670. (1.) A licence issued under this Division by a municipality is valid in every municipality for the

current licence year.(2.) A licence issued during January and February must be issued for the following licence

year and is a valid and subsisting licence from the date of issue until the end of thefollowing licence year.

1999-37-149.

Fees to be paid to UBCM671. (1.) After deducting any licence transfer fee under section 669 (3) and the prescribed

administration fee, a municipality must pay the remainder of the fees it collects under thisDivision to the Union of British Columbia Municipalities.

(2.) The Lieutenant Governor in Council may make regulations prescribing administrationfees for the purposes of subsection (1).

(3.) Money received by the Union of British Columbia Municipalities under subsection (1)must be placed in a separate licence fee account, and the money may be paid out of theaccount for any of the following:



(a) licence plate production expenses;(b) the expenses of conducting the audit under subsection (4);(c) other related expenses;(d) payments to participating municipalities.

(4.) The licence fee account must be audited at the times and in the manner directed by theminister.

1999-37-149; 2000-7-62.

Offences672. (1.) The owner or operator of a commercial vehicle, other than a vehicle exempted under

section 667 [exemptions from licensing requirements], who operates or uses or causesthe vehicle to be operated or used on a highway in a participating municipality withoutholding and displaying a valid and subsisting licence plate for the vehicle is liable onconviction to a fine not exceeding $50.

(2.) A person who displays or causes to be displayed a licence plate on a commercial vehiclenot authorized to have it displayed on the vehicle is liable on conviction to a fine notexceeding $200 and the confiscation of the licence plate.

(3.) A fine imposed under this section does not remove any liability for a prescribed licencefee under this Division.

1999-37-149.






PART 21 – BUILDING REGULATIONS

Part 21: Division 1 – Building Code and Other Building Regulations

Provincial building code and regulations

692. (1.) The minister may make regulations as follows:(a) establishing a Provincial building code for British Columbia governing standards

for the construction and demolition of buildings;(b) amending, adding to or varying for the purpose of this section the building code

established under this section;(c) adopting by reference, with the changes the minister considers necessary, all or

part of any building code or standards for the construction or demolition ofbuildings;

(d) regulating building generally for matters not included in the building code;(e) exempting certain persons, buildings, classes of buildings, materials or areas

either generally or for certain periods of time from the building code orregulations, and making other regulations for the persons, buildings, classes ofbuildings, materials or areas exempted;

(f) providing for the administration of the building code and other regulations underthis section.

(2.) The building code and other regulations under subsection (1) apply to all municipalitiesand to regional districts or parts of them not inside a municipality, and have the sameforce and effect as a validly enacted bylaw of the municipality or regional district, asapplicable.

(3.) Repealed. [2003-52-303]RS1979-290-740; 2003-52-303.

Building Code Appeal Board693. (1.) The Building Code Appeal Board is continued consisting of the following members

appointed by the minister after a merit based process:(a) one member designated as the chair;(b) other members appointed after consultation with the chair.

(2.) Repealed. [2003-47-39](3.) Repealed. [2003-47-39](4.) A majority of the appeal board is a quorum.(5.) Repealed. [2003-47-39](6.) If a dispute arises on the interpretation or application of the codes referred to in section

692, a party to the dispute may refer the question to the appeal board for determination.(7.) The appeal board must determine any question of interpretation or application of the

codes referred to in section 692.(8.) The decision of the appeal board is final and binding.(9.) Sections 1 to 8 and 10 of the Administrative Tribunals Appointment and Administration

Act apply to the appeal board.



RS1979-290-741; 2003-47-39.

Part 21: Division 2 – Regional District Building Regulations

Restrictions on authority693.1 (1.) This Division applies only to a regional district that provides a service referred to in

section 797.1 (1) (a) [building inspection].(2.) As a further restriction, section 9 [spheres of concurrent authority] of the Community

Charter applies in relation to a regional district bylaw under this Part respecting mattersreferred to in subsection (1) (d) [building regulation] of that section.

2003-52-305.

Regional district building regulations694. (1.) Subject to the Health Act, the Fire Services Act and the regulations under those Acts, a

board may, for the health, safety or protection of persons or property, by bylaw, do oneor more of the following:(a) regulate the construction, alteration, repair or demolition of buildings and other

structures;(b) regulate the installation, alteration or repair of plumbing including septic tanks

and sewer connections, heating, air conditioning, electrical wiring andequipment, gas or oil piping and fittings, appliances and accessories of everykind;

(c) require contractors, owners or other persons to obtain and hold a valid permitfrom the board, or the authorized official, before starting and during theconstruction, installation, repair or alteration of gas or oil pipes and fittings,plumbing, heating, sewers, septic tanks, drains, electrical wiring, oil burners,tanks, pumps and similar works and buildings and other structures of the kind,description or value described in the bylaw;

(d) require that, before occupancy of a building or part of it after construction,wrecking or alteration, or a change in class of occupancy of a building or part ofit, an occupancy permit be obtained from the board or the authorized official;

(e) prescribe conditions generally governing the issue and validity of permits,inspection of works, buildings and other structures;

(f) establish areas to be known as fire limits and, for those areas,(i) regulate the construction of buildings in respect of precautions against

fire, and(ii) discriminate and differentiate between areas in the character of the

buildings permitted;(g) regulate the seating arrangements and capacity of churches, theatres, halls and

other places of public amusement or resort;(h) regulate or prohibit the moving of a building from one property to another in the

regional district;(i) require the fencing of private swimming pools or other pools, existing or

prospective, according to specifications set out in the bylaw;(j) regulate the construction and layout of trailer courts, manufactured home parks

and camping grounds and require that those courts, parks and grounds provide



facilities specified in the bylaw;(k) provide that a trailer or manufactured home must not be occupied as a residence

or an office unless its construction and facilities meet the standards specified inthe bylaw;

(l) require the installation of smoke alarms in existing buildings and other structuresand, in relation to this, establish standards and specifications for required smokealarms and their installation, to the extent that the requirements of the bylaw donot exceed those established by the Provincial building regulations;

(m) require the maintenance of smoke alarms installed as required by the Provincialbuilding regulations or by bylaw under paragraph (l) and, in relation to this,establish standards for their maintenance;

(n) require the maintenance of "rental units" and "residential property", as defined inthe Residential Tenancy Act, that are subject to a "tenancy agreement" asdefined in that Act, in accordance with the standards specified in the bylaw, tothe extent that the standards do not exceed those established by the Provincialbuilding regulations;

(n.1) require the maintenance of "manufactured homes", "manufactured home sites"and "manufactured home parks", as defined in the Manufactured Home ParkTenancy Act, that are subject to a "tenancy agreement" as defined in that Act, inaccordance with the standards specified in the bylaw, to the extent that thestandards do not exceed those established by the Provincial buildingregulations.

(2.) If requested by an applicant, the building inspector must give written reasons for his orher refusal to issue a building permit required under this section.

(3.) An occupancy permit required under subsection (1) (d) may be withheld until the buildingor part of it complies with the following:(a) the Provincial building regulations;(b) bylaws under this section;(c) any other health and safety requirements established by bylaw;(d) any other federal or Provincial enactment in relation to health or safety.

2003-52-306, 307; 2002-78-109 (B.C.Reg. 477/2003).

Requirement for security694.1 (1.) This section applies if, under section 796.2 (3) [permit, licensing and approval authority],

a board or an official authorized by the board requires a person to provide security as acondition of issuing a permit or authorizing the moving of a building under section 694.

(2.) The person who is subject to the requirement may, at that person's option, provide thesecurity by(a) a cash deposit,(b) an irrevocable letter of credit, or(c) another form of security satisfactory to the board or the person who imposed the

requirement for security.(3.) Interest on the security becomes part of the security.(4.) The security may be used by the regional district only to repair or replace

(a) a highway, including sidewalks and boulevards,(b) a public work, or(c) other regional district property



that has been altered or damaged by an activity related to the subject matter of thepermit or authorization.

(5.) Any amount of the security that is not required for a purpose referred to in subsection (4)must be returned to the person who provided it.

2003-52-308.

Application of Community Charter provisions695. The following provisions of the Community Charter apply to regional districts:

section 55 [requirement for professional certification]; section 56 [requirement for geotechnical report]; section 57 [note against land title that building regulations contravened]; section 58 [cancellation of note against land title].

2003-52-309.

Regulating doors and emergency exits

696. (1.) Subject to the Fire Services Act and the regulations under that Act, a board may, bybylaw, compel the provision of and regulate the location, number, style and size of doorsand emergency exits in churches, theatres, halls or other places of public resort oramusement, and the posting in them of notices of the emergency exits.

(2.) A bylaw under subsection (1) must provide that(a) all doors in churches, theatres, halls and other places of public resort or

amusement must be hinged so that they may open freely outwards, and(b) all gates or outer fences if not hinged as referred to in paragraph (a), must be

kept open by proper fastenings during the time the buildings are publicly used tofacilitate the exit of people in case of alarm from fire or other cause.

(3.) Congregations having corporate powers, trustees holding churches or buildings used forchurches, and incumbents and church wardens holding or using churches or buildingsused for churches, are severally liable for the acts and omissions of any society orcongregation on the matters referred to in subsections (1) and (2).

(4.) A person owning or possessing a church, theatre, hall, school or other building used forpublic meetings, or as a place of public resort or amusement, who contravenes thissection or a bylaw adopted under it is liable on conviction to a penalty not greater than$50.

(5.) A convicted person is liable on conviction to a further penalty of $5 for every further weekduring which the violation continues.

(6.) A penalty under subsection (4) or (5) is a charge on the real property of the personconvicted, and may be imposed, collected and recovered in the manner provided fortaxes.

RS1979-290-736, 737, 738; 1999-37-151; 2003-52-310.

Municipality may adopt national codes

697. (1.) To the extent not inconsistent with this Act, either in place of or supplementary toregulations made under this Division, a board may, by bylaw, adopt one or more of thefollowing as regulations:(a) subject to the Electrical Energy Inspection Act, all or part of the Canadian



Electrical Code;(b) subject to the Gas Safety Act, all or part of the standards of the Canadian Gas

Association;(c) subject to the Fire Services Act, all or part of the National Fire Code of Canada.

(2.) A code, standard or part referred to in subsection (1) may be adopted by reference to aparticular date of issue or a specified issue of the code or standard.

RS1979-290-739; 2003-52-311.

Part 21: Division 3 – Hazardous Conditions

Remedial authority in relation to hazardous conditions

698. (1.) Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter appliesto regional districts in relation to matters referred to in section 73 (1) (a) and (b) [structures, excavations and similar matters or things that are unsafe or contravenebuilding bylaws] of that Act.

(2.) In relation to section 73 (2) (b) [matter contravening Provincial building regulations orbylaws] of the Community Charter as it applies under subsection (1), the reference to abylaw is to be read as a bylaw under Division 2 of this Part.

(3.) In relation to sections 77 (3) (b) [remedial action after date specified for compliance] and80 (4) and (5) [recovery of municipal costs through sale of property - distribution ofproceeds] of the Community Charter as they apply under subsection (1), a reference tosection 17 of that Act is to be read as a reference to section 269 of this Act.

2003-52-312.




PART 22 – MISCELLANEOUS POWERS


Part 22: Division 1 – Regulation of Animals

Application in relation to regional district animal control service

702.1 This Division applies only to a regional district that provides a service referred to insection 797.1 (1) (b) [animal control].

2003-52-313.

Animal control authority703. (1.) Subject to subsection (2), the board may, by bylaw, do one or more of the following:

(a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine,rabbits or other animals and define areas in which they may be kept or may notbe kept;

(b) require that the owner, possessor or harbourer of a dog, or any class of dog,must keep it, as the bylaw directs,(i) effectively muzzled while at large or on a highway or public place, or(ii) on leash or under control of a competent person while on a highway or

public place.(2.) For the purpose of subsection (1), "other animals" does not include any animal that the

board did not have authority to regulate in respect of, or prohibit the keeping of, undersection 703 as it read immediately before its re-enactment by the Community CharterTransitional Provisions, Consequential Amendments and Other Amendments Act, 2003.

(3.) Without limiting subsection (1) (a), a bylaw under that provision may regulate the keepingof dogs by requiring persons who own, possess or harbour a dog to hold a licence for thedog.

(4.) A bylaw referred to in subsection (3) may(a) require a separate dog licence for each dog, and(b) vary the amount of the fee according to the sex, age, size or breed of the dog.

(5.) A dog licence issued under this section is for the calendar year in which the licence isissued.

(6.) If a fee is imposed for a dog licence, the board may, by bylaw,(a) provide for the payment of compensation, on a scale set out in the bylaw, to the

owner of any domestic animal that is killed or injured by a dog over the age of 4months, the owner of which is unknown and, after diligent inquiry, cannot befound, and

(b) provide for the maximum sum that is available in any one year for the purposesof compensation under this subsection.

2003-52-314.




Animal pounds707. The board may, by bylaw, do one or more of the following:

(a) provide for the seizure, impounding and detention of(i) unlicensed dogs, and(ii) animals referred to in section 703 (1) (a) that are unlawfully at large;

(b) establish, maintain and operate facilities as pounds;(c) regulate and establish the fines and fees, including damages for trespassing on

private property, to be levied and collected by pound keepers;(d) provide for the sale or destruction of animals impounded if the fines, fees and

other charges are not paid within a reasonable time.2003-52-316.

Dangerous dogs707.1 (1.) The board may designate a person as an animal control officer as defined in section 49

[special powers in relation to dangerous dogs] of the Community Charter, and, if theboard does so, section 49 of the Community Charter applies to the regional district.

(2.) Despite section 702.1, a peace officer may exercise authority under section 49 of the Community Charter within the boundaries of a regional district.

2003-52-316.

Part 22: Division 2


Part 22: Division 3 – Sundry Powers









Removal and deposit of sand, gravel and other soil

723. (1.) This section applies to a regional district only if the regional district provides a servicereferred to in section 797.1 (1) (c).

(2.) The board may, by bylaw, regulate or prohibit(a) the removal of soil from, and(b) the deposit of soil or other material onany land in the regional district or in any area of the regional district.

(3.) A bylaw under subsection (2) may make different regulations and prohibitions fordifferent areas.

(4.) Section 9 [spheres of concurrent authority] of the Community Charter applies to aprovision in a bylaw under subsection (2) that(a) prohibits the removal of soil, or(b) prohibits the deposit of soil or other material and that makes reference to quality

of the soil or material or to contamination.(5.) The board may, by bylaw, do one or more of the following:

(a) require the holding of a permit for(i) the removal of soil from, or(ii) the deposit of soil or other material onany land in the regional district or in any area of the regional district;

(b) impose rates or levels of fees for a permit referred to in paragraph (a);(c) impose rates or levels of fees for the activities referred to in paragraph (a).

(6.) Fees under subsection (5) (b) or (c) may vary according to the quantity of soil removedor the quantity of soil or other material deposited, and the rates or levels of fees may bedifferent for different areas of the regional district.

(7.) A bylaw under subsection (5) (b) or (c) has no effect until it is approved by the minister.2003-52-319.

Noise control724. (1.) If a regional district provides a service referred to in section 797.1 (1) (d), the board may,

by bylaw, do one or more of the following:(a) regulate or prohibit the making or causing of noises or sounds in or on a highway

or elsewhere in the regional district(i) that disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort

or convenience of the neighbourhood, or of persons in the vicinity, or(ii) that the board believes are objectionable or liable to disturb the quiet,

peace, rest, enjoyment, comfort or convenience of individuals or thepublic;

(b) prevent or prohibit persons from shouting, using megaphones and making other



noise in, at or on streets, wharves, docks, piers, steamboat landings, railwaystations or other public places;

(c) prevent charivaries and similar disturbances of the peace.(2.) Regulations and prohibitions under subsection (1) (a) may be different for different areas

of the regional district.RS1979-290-932(c),(d),(f); 1980-38-17; 1989-73-3; 1992-18-84; 2003-52-320.


Nuisances and disturbances725. (1.) If a regional district provides a service referred to in section 797.1 (1) (d), the board may,

by bylaw, do one or more of the following:(a) prevent, abate and prohibit nuisances, and provide for the recovery of the cost of

abatement of nuisances from the person causing the nuisance or other personsdescribed in the bylaw;

(b) prohibit persons from(i) causing or permitting water, rubbish or noxious, offensive or

unwholesome matter to collect or accumulate around their premises, or(ii) depositing or throwing bottles, broken glass or other rubbish in any open

place;(c) for the purpose of preventing unsightliness on real property,

(i) prohibit persons from placing graffiti on walls, fences or elsewhere on oradjacent to a public place, and

(ii) prohibit the owners or occupiers of real property from allowing theirproperty to become or remain unsightly;

(d) for the purpose of remedying unsightliness on real property, require the ownersor occupiers of real property, or their agents, to remove from it unsightlyaccumulations of filth, discarded materials, rubbish or graffiti;

(e) require the owners or occupiers of real property, or their agents, to clear theproperty of brush, trees, noxious weeds or other growths;

(f) require the owners or occupiers of real property, or their agents, to preventinfestation by caterpillars and other noxious or destructive insects and to clearthe property of such insects;

(g) in relation to the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumesor other effluvia,(i) require the owners or occupiers of real property, or their agents, to

eliminate or reduce the fouling or contaminating of the atmospherethrough those emissions,

(ii) prescribe measures and precautions to be taken for the purpose ofsubparagraph (i), and

(iii) establish limits not to be exceeded for those emissions;(h) require manufacturers and processors to dispose of the waste from their plants

in the manner directed by the bylaw.(i) to (m) Repealed. [2003-52-321(b)]

(2.) Repealed. [2003-52-321(c)](3.) Repealed. [2003-52-321(c)]



RS1979-290-932(b),(e),(g) to (o) and (t), 933(1)(c); 1980-38-17; 1989-73-3; 1992-18-84; 1999-37-158; 2003-52-321.


Fire and security alarm systems726. (1.) If a regional district provides a service referred to in section 797.1 (1) (e) in relation to fire

alarm systems and security alarm systems, the board may, by bylaw, do one or more ofthe following:(a) require permits for the operation of these systems and establish fees for these

permits;(b) establish fees to be paid

(i) by the owner or occupier of real property to which services are providedby or on behalf of the regional district in response to a false alarm of asystem, or

(ii) by the persons who lease or otherwise provide these systems to theowners or occupiers of real property if services referred to insubparagraph (i) are provided in response to a false alarm of a system;

(c) provide that a fee under paragraph (b) (i), if unpaid, may be added to and formpart of the taxes payable on the real property as taxes in arrear;

(d) exercise powers given by regulation under subsection (3);(e) establish exemptions from the application of a bylaw under this section.

(2.) A fee under subsection (1) (b) may vary in relation to the number of occasions on whichservices referred to in that subsection are provided.

(3.) The Lieutenant Governor in Council may, by regulation,(a) grant additional powers to regional districts and the City of Vancouver to enact

bylaws establishing specified prohibitions, restrictions, requirements andconditions regarding(i) fire alarm systems and security alarm systems, and(ii) the installation, operation, maintenance and repair of these systems, and

(b) authorize specified variations of the provisions of bylaws under paragraph (a).(4.) As an exception, a bylaw under this section does not apply to fire alarm systems that are

intended to alert only the occupants of the dwelling unit in which they are installed.RS1979-290-932.1; 1992-79-5; 2003-52-323.



Fireworks728. Subject to the Fireworks Act, if a regional district provides a service referred to in section

797.1 (1) (d), the board may, by bylaw, regulate or prohibit the sale or disposal to any



person of firecrackers and other fireworks of every nature or kind.2003-52-325.

House numbering728.1 If a regional district provides a service referred to in section 797.1 (1) (f) [numbering of

buildings], the board may, by bylaw, require owners or occupiers of real property to placebuilding or structure numbers assigned by the regional district in a conspicuous place.

2003-52-326.



PART 23 – IMPROVEMENT DISTRICTS




"assessor" means, except in section 756, the improvement district officer assignedresponsibility for assessing land and improvements for the improvement district;

"board of trustees" means the trustees of an improvement district under section 736;

"collector" means, except in section 756, the improvement district officer assignedresponsibility for collecting taxes for the improvement district;

"manufactured home" means a single family dwelling manufactured as a unit, or in units,intended to be occupied in a place other than that of its manufacture, and designed so that itmay be drawn or moved from place to place;

"manufactured home park" means land used or occupied by a person to provide spaces forthe accommodation of 2 or more manufactured homes and for imposing a charge or rental forthe use of the space;

"owner" means an owner as defined in the Water Act.

RS1979-290-823, 830(5); 1990-53-12; 2000-7-66.


Incorporation by letters patent731. (1.) The Lieutenant Governor in Council may, by letters patent, incorporate an area of land

comprising 2 or more parcels, whether contiguous or not, and its owners into animprovement district, under a name and with objects that appear advisable and withpowers considered necessary to carry out those objects.

(2.) The letters patent for an improvement district(a) may provide that some provisions of this Act or the Water Act do not apply to the

improvement district and that other special provisions apply, and(b) may divide the improvement district into zones, specify the number of trustees to

be elected from each zone, provide for the election and method of election oftrustees in any zone and provide for general meetings of landowners in each



zone.(3.) If it appears to the Lieutenant Governor in Council that an improvement district will

undertake the functions of an existing development district, another improvement districtor a water users’ community, the Lieutenant Governor in Council(a) may transfer to the improvement district any asset, right, claim, charge or liability

of the development district, other improvement district or water users’community, and dissolve the development district, other improvement district orwater users’ community, and

(b) specify that the bylaws of the dissolved development district, improvementdistrict or water user’s community continue in force in the area that was formerlyinside its boundaries, until amended or repealed by the trustees of theimprovement district that has undertaken its functions.

(4.) The power of dissolution conferred by subsection (3) may be exercised despite any otherstatute, special or otherwise.

(5.) In an order under subsection (3), the Lieutenant Governor in Council may specifydeletions of and alterations in endorsements or entries made against any indefeasible orabsolute title or other document deposited in a land title office or created under the LandTitle Act or any statute repealed by that Act.

(6.) Despite the Land Title Act or any other statute, a registrar of land titles must make thedeletions and alterations specified as referred to in subsection (5).

(7.) Subsection (2) (a) does not apply in relation tosection 739 [meeting procedure],section 741 [annual general meeting],section 741.1 [annual financial statements], orsection 741.2 [appointment of auditor]

of this Act and, to the extent that there is an inconsistency between any requirementunder those sections and a provision of the letters patent for an improvement district, therequirement under the applicable section prevails and the provision of letters patent is ofno force and effect.

RS1979-290-824; 1982-60-113; 1983-10-21; 1983-20-42; 2000-7-68.

Incorporation of mountain resort improvement districts

732. (1.) If(a) the council of a municipality in which the area is located approves, or(b) in the absence of a municipality, the board of the regional district in which the

area is located approves,the Lieutenant Governor in Council may, by letters patent, incorporate an area of landcomprising 2 or more parcels, whether contiguous or not, and its owners into a mountainresort improvement district, under a name and with objects that appear advisable andwith powers considered necessary to carry out those objects.

(2.) The letters patent for a mountain improvement district(a) may provide that some provisions of this Act or the Water Act do not apply to the

mountain resort improvement district and that other specified provisions apply,and

(b) may divide a mountain resort improvement district into zones, specify thenumber of trustees to be elected from each zone, and provide for the election



and method of election of trustees in any zone.(3.) Section 746 (1) (b), (c) and (d) does not apply to a mountain resort improvement district

unless the letters patent provide otherwise.(4.) If it appears to the Lieutenant Governor in Council that a mountain resort improvement

district will undertake the functions of an existing improvement district or a water users’community, the Lieutenant Governor in Council(a) may transfer to the mountain resort improvement district any asset, right, claim,

charge or liability of the other improvement district or water users’ community,and dissolve the other improvement district or water users’ community, and

(b) may specify that the bylaws of the dissolved improvement district or water users’community continue in force in the area that was formerly inside its boundariesuntil amended or repealed by the trustees of the mountain resort improvementdistrict that has undertaken its functions.

(5.) The power of dissolution conferred by subsection (4) may be exercised despite any otherstatute, special or otherwise.

(6.) In an order under subsection (4), the Lieutenant Governor in Council may specifydeletions of and alterations to endorsements or entries made against any indefeasible orabsolute title or other document deposited in a land title office or created under the LandTitle Act or any statute repealed by that Act.

(7.) Despite the Land Title Act or any other statute, a registrar of land titles must make thedeletions and alterations specified as referred to in subsection (6).

RS1979-290-824.1; 1995-13-19.

Notation on title of land in a mountain improvement district

733. (1.) On the establishment of a mountain resort improvement district under section 732,parcels in the mountain resort improvement district are subject to section 11 (2), withoutspecial endorsement on the indefeasible title.

(2.) The registrar of land titles may, and on application of the improvement district must,make the following notation on every indefeasible title of resort land issued on or afterthe establishment of the improvement district:

“This land is located in a mountain resort improvement district and is subject tothe letters patent for that improvement district.”

(3.) An application under subsection (2) must contain a description of the resort land that issufficient for the registrar to identify it in the records of the land title office and must be inthe form prescribed under the Land Title Act.

(4.) In the event of any delay, omission, mistake or misfeasance by the registrar of land titlesor his or her employees in relation to making a notation under subsection (2),(a) the registrar of land titles is not liable nor is the Provincial government liable

vicariously, and(b) the assurance fund or the Attorney General as a nominal defendant is not liable

under Part 20 of the Land Title Act.RS1979-290-824.2; 1995-13-19.

Amendment or recall of letters patent734. (1.) The Lieutenant Governor in Council may

(a) amend the letters patent of an improvement district in any respect, or



(b) recall the letters patent and issue others in their place.(2.) Unless expressly provided in the amending or new letters patent, the amendment, recall

or reissue does not impair or prejudice the assets, rights, claims and financial obligationsof the improvement district.

RS1979-290-825.

Dissolution of improvement districts735. The Lieutenant Governor in Council may dissolve an improvement district and may make

a disposition of its assets that appears equitable.RS1979-290-826.

Improvement district trustees736. (1.) The powers of an improvement district are to be exercised and its property is to be

managed(a) by trustees elected by the persons entitled to vote as provided in the letters

patent, or(b) if no provision is made for the election of trustees in the letters patent, by

trustees elected by the owners of land in the improvement district.(2.) Despite subsection (1), the Lieutenant Governor in Council may appoint the first trustees

of an improvement district, or may appoint a person to conduct the first election oftrustees.

(3.) Except as otherwise provided in the letters patent and except as to trustees elected to fillvacancies resulting from death, resignation or disqualification, the term of office of atrustee is 3 years.

(4.) A majority of the trustees constitutes a quorum.(5.) Whenever the trustees in office do not constitute a quorum, the inspector may make

provision at the expense of the improvement district for an election to fill the vacancyamong the trustees.

(6.) If a vacancy referred to in subsection (5) is not filled by the election under thatsubsection, the Lieutenant Governor in Council may appoint a person the LieutenantGovernor in Council thinks proper to fill the vacancy, and it is not necessary for theperson to be an owner of land in the district.

RS1979-290-828(1), (3), (4), (5), (7); 1989-40-158; 1993-54-46.

Election of improvement district trustees

737. (1.) In order to vote at an election for improvement district trustees, a person must be(a) a Canadian citizen,(b) age 18 years or older, and(c) entitled to be registered as a voter under the Election Act.

(2.) Improvement district elections may be held at the annual general meetings of theimprovement districts or otherwise, and the voting may be done by secret ballot orotherwise.

(3.) The Lieutenant Governor in Council may, by regulation, prescribe the procedure to befollowed in conducting any election for improvement district trustees.

(4.) A person who is qualified to vote at an improvement district election and who voted orapplied to vote in the election may appeal to the Supreme Court against the order of the



presiding officer accepting or rejecting a vote or ballot or the result of the election.(5.) An appeal under subsection (4) must be made in writing within 2 weeks after the

election.(6.) On an appeal under subsection (4), after the hearing or investigation the court believes

proper, it may confirm or amend the order appealed against or may declare the electionof no effect and order a new election, establishing the date, time, place and conditions.

(7.) An election must not be set aside because of an innocent irregularity, unless the court issatisfied that the irregularity affected the result of the election.

RS1979-290-828(1), (2), (6), (7); 1989-40-158; 1993-54-46.


Chair and officers738. (1.) Subject to the letters patent, the trustees must elect one of their number as chair at the

first meeting in each year and at the first meeting after a vacancy occurs in the office.(2.) The chair must preside at meetings of the trustees.(3.) The chair has a vote, and a question on which there is an equality of votes is deemed to

be negative.(4.) If the chair is absent from a meeting, the members present must appoint one of their

number to act as chair.(5.) Repealed. [2000-7-69]

RS1979-290-828(9) and (10); 1989-40-158; 1993-54-46; 2000-7-69.

Officer positions738.1 (1.) The board of trustees

(a) must, by bylaw, establish officer positions in relation to the duties under sections738.2 [corporate administration] and 738.3 [financial administration], with titlesthe board considers appropriate,

(b) may, by bylaw, establish other officer positions for the improvement district, withtitles the board considers appropriate, and

(c) may, by bylaw or resolution, assign powers, duties and functions to those officerpositions.

(2.) For certainty,(a) the board of trustees may assign to an officer position powers, duties and

functions in addition to those required or permitted to be assigned by this Act oranother enactment, and

(b) the same person may be appointed to 2 or more officer positions.(3.) Words in an enactment referring to an improvement district officer, by name of office or

otherwise, also apply to(a) the officer’s deputy, and(b) any person designated by the board of trustees to act in the officer’s place.

2000-7-70.

Corporate administration738.2 One of the officer positions established under section 738.1 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 board of trustees and its

committees are prepared and that the minutes, bylaws and other records of thebusiness of the board and its committees are maintained and kept safe;

(b) ensuring that access is provided to records of the board of trustees and itscommittees, as required by law or authorized by the board;

(c) signing and certifying copies of bylaws and other documents, as required orrequested;

(d) accepting, on behalf of the improvement district or the board of trustees, noticesand documents that are required or permitted to be given, served on, filed withor otherwise provided to the improvement district or board of trustees;

(e) keeping the improvement district’s seal and having it affixed to documents asrequired.

2000-7-70.

Financial administration738.3 One of the officer positions established under section 738.1 must be assigned the

responsibility of financial administration, which includes the following powers, duties andfunctions:(a) receiving all money paid to the improvement district;(b) ensuring the keeping of all funds and securities of the improvement district;(c) expending and disbursing money in the manner authorized by the board of

trustees;(d) investing funds, until required, in investments under section 745 (4) [authority

equivalent to municipal investment authority];(e) ensuring that accurate records and full accounts of the financial affairs of the

improvement district are prepared, maintained and kept safe;(f) compiling and supplying information on the financial affairs of the improvement

district required by the inspector.2000-7-70.

Officers and employees738.4 (1.) The board of trustees may

(a) provide for the appointment of officers and other employees for the improvementdistrict, and

(b) subject to the Labour Relations Code and the Employment Standards Act,establish the terms and conditions of their employment, including terms andconditions respecting their remuneration, benefits, expenses, hours of work andmanner of appointment, promotion, discipline and dismissal.

(2.) In the event of a conflict between terms and conditions of employment established bybylaw, resolution or policy and those established by contract of employment or collectiveagreement, the contract or agreement prevails.

(3.) Subject to a contract of employment and subject to providing the officer with anopportunity to be heard, the appointment of an improvement district officer may beterminated by the board of trustees as follows:(a) in the case of termination for cause, by immediate termination without any period

of notice;



(b) in any other case, by termination on reasonable notice.(4.) A termination under subsection (3) (b) may be made only by the affirmative vote of at

least 2/3 of all trustees.2000-7-70; 2003-52-327.

Giving notice to improvement districts738.5 If an enactment requires or permits

(a) notice to be given to an improvement district or a board of trustees,(b) a document to be served on an improvement district or a board of trustees,(c) a document to be filed with an improvement district or a board of trustees, or(d) a document to be delivered, sent, submitted or otherwise provided to an

improvement district or a board of trustees,the notice, service, filing or provision is effected if the notice or document is, asapplicable, given, served on, filed with or provided to the improvement district officerassigned responsibility under section 738.2 [corporate administration].

2000-7-70.

Meeting procedure739. (1.) The trustees of an improvement district may, by resolution, make rules and regulations

for the calling of meetings of the trustees for any purpose and for the transaction ofbusiness at meetings.

(2.) The inspector or the chair of the trustees may call a meeting of the trustees for anypurpose and the chair must do so when requested in writing by the inspector or by amajority of the trustees.

(3.) The chair or secretary of the trustees must give written notice to each trustee of eachmeeting of the trustees by mailing a notice to the address of each trustee at least 7 cleardays before the date of the meeting.

(4.) Despite subsection (3), a meeting of the trustees may be held at any time for anypurpose if all the trustees are present or if those absent have in writing waived notice ofthe meeting or have signified in writing their consent to the meeting being held in theirabsence.

RS1979-290-829.

First meeting of trustees in each year740. (1.) Subject to the letters patent, the first meeting in each year of the trustees of an

improvement district must be held after, but not later than 30 days after, the date in theyear on which the annual general meeting of the district or the last general meeting of azone of it has been held.

(2.) The time and place of the first meeting in each year must be set by the officer assignedresponsibility under section 738.2 [corporate administration], by a majority of the trusteesor, in the case of the first meeting of trustees after incorporation, by the officialresponsible for conducting the first election.

RS1979-290-828(8); 1989-40-158; 1993-54-46; 2000-7-73.

Appointment of select and standing committees

740.1 (1.) A board of trustees may appoint a select committee to consider or inquire into any matter



and report its findings and opinion to the board.(2.) The board may establish standing committees for matters the board considers would be

better dealt with by committee and may appoint persons to those committees.(3.) Subject to subsection (4), persons who are not trustees may be appointed to select and

standing committees.(4.) At least one member of each select and standing committee must be a trustee.

2000-7-74.


Annual general meeting741. (1.) At least once in every 12 months, the board of trustees must call a meeting of the

owners of land in the improvement district at which it presents the audited financialstatements for the preceding calendar year.

(2.) The annual general meeting must be open to the public.(3.) At least 14 days before the annual general meeting, the board of trustees must give

advance public notice of the date, time and place of the meeting in accordance with theprocedures established by bylaw under section 739 (1) (c).

2000-7-75.

Annual financial statements741.1 (1.) The fiscal year for an improvement district is the calendar year.

(2.) Improvement district financial statements for a fiscal year must be(a) prepared by the officer assigned responsibility under section 738.3 [financial

administration], and(b) presented to the board of trustees for its acceptance.

(3.) Subject to subsection (4), the financial statements must be prepared in accordance withgenerally accepted accounting principles for local governments.

(4.) The inspector may require or authorize, generally or for a specified improvement district,that the financial statements vary from or include additional information to therequirements of subsection (3).

(5.) By May 15 in each year, the board of trustees must submit to the inspector the auditedfinancial statements of the improvement district for the preceding year and any otherfinancial information required by the inspector.

2000-7-76.

Appointment of auditor741.2 (1.) A board of trustees must appoint an auditor for the improvement district.

(2.) Sections 169 [municipal auditor] and 171 [auditor's reports] of the Community Charterapply to a person appointed under subsection (1).

(3.) Repealed. [2003-52-328]2000-7-76; 2003-52-328.

Appointment of receiver742. (1.) The Lieutenant Governor in Council may appoint a receiver to manage the affairs of an

improvement district if it appears in the public interest to do so.



(2.) The receiver has(a) all the powers of the trustees and other officers of the improvement district, and(b) the exclusive control of the property, assets and revenues of the improvement

district.(3.) After the appointment of a receiver, an action may not be brought against the

improvement district or receiver without the consent of the Supreme Court.RS1979-290-853.

Protection from legal proceedings743. (1.) A writ of execution against an improvement district may be issued only with the

permission of the Supreme Court, and on the terms and conditions the court mayspecify.

(2.) The corporate seal, books, tools and office furniture, fixtures and fittings of animprovement district are exempt from seizure or sale by process of law.

RS1979-290-845, 846; 1983-10-21.

Indemnification against proceedings743.1 (1.) A board of trustees has the power to indemnify against proceedings as set out in section

287.2 (1) to (6) [indemnification against proceedings].(2.) Without limiting subsection (1), the power to indemnify under that subsection applies in

relation to the persons referred to in section 287 (1) (n), (o) and (q) [volunteers andcommittee members] as though those persons were officers or employees of theimprovement district.

2000-7-77.

Improvement district property exempt from taxation

744. The land and its improvements of an improvement district are exempt from taxation bythe Provincial government, a regional district or a municipality including the City ofVancouver.

RS1979-290-847.

Part 23: Division 2 – Powers and Operations


General powers745. (1.) An improvement district is a corporation and has all powers necessary or useful in

carrying out its objects.(2.) Without limiting subsection (1), an improvement district may do one or more of the

following:(a) acquire, hold and dispose of land and other property, and charges on and

interest in it;(b) borrow money, issue bonds, debentures, mortgages and other securities;(c) settle claims;



(d) assess land and improvements, levy and collect taxes, tolls and other chargesand recover them by suit, by distress or by sale of the assessed land;

(e) construct, repair, improve, manage, maintain and operate works of any kind;(f) regulate the distribution of water, electricity or any other thing or service provided

or conveyed by the improvement district;(g) make agreements;(h) any thing incidental to the things referred to in paragraphs (a) to (g) or necessary

to carry out its objects.(3.) All contracts that, if made between natural persons, would have to be made in writing

must be made under the district’s seal.(4.) Money held by an improvement district that is not immediately required may be invested

or reinvested by the board of trustees in investments referred to in section 183 [investment of municipal funds] of the Community Charter.

RS1979-290-827; 2000-7-78; 2003-52-329.

Powers that must be exercised by bylaw746. (1.) The trustees of an improvement district may make bylaws for one or more of the

following:(a) entering into a contract about land or works;(b) borrowing by way of loan, temporary or otherwise, from a chartered bank or from

any person, sums the trustees believe necessary;(c) executing cheques, promissory notes or other instruments that may be

necessary or desirable for the purpose referred to in paragraph (b);(d) borrowing money by the issue and sale of notes, bonds, debentures and other

securities in principal amounts the trustees believe necessary;(e) Repealed. [2000-7-79(b)](f) establishing the tolls and other charges, including charges for capital

expenditures, payable to the improvement district, and the times of theirpayment;

(g) establishing discounts or percentage additions to encourage the promptpayment of tolls and charges under paragraph (f);

(g.1) establishing the manner in which interest is calculated if(i) this or another Act provides a requirement or authority to apply interest

to an amount owed to, or owing by, the improvement district, and(ii) the manner in which interest is calculated is not otherwise provided for;

(h) establishing the basis of assessment of the land and the value of land andimprovements in the district;

(i) establishing the method to be followed by the assessor in classifying land in thedistrict for assessment purposes;

(j) regulating the distribution and use of water, power or any other thing or servicemade available;

(k) regulating and requiring the provision of works and services in respect of thesubdivision of land;

(l) in relation to manufactured home parks,(i) establishing a charge for fire protection for each space occupied by a

manufactured home in a manufactured home park, payable by theperson in charge of or operating the park,



(ii) establishing the time of payment of the charge, and(iii) authorizing inspection by the improvement district of a manufactured

home park and the records of the operator of the park;(m) establishing penalties for failure to comply with regulations made under this

section and bylaws made by the trustees.(2.) Securities under subsection (1) (d)

(a) may be in a form, may bear interest at a rate and may be made payable as toprincipal and interest at the time, in the manner, at the place and in the currencythe trustees believe expedient, and

(b) may be made redeemable in advance of maturity at the time and at the price thetrustees by bylaw determine at the time of issue.

(3.) Sections 759 and 762 to 768 apply to the collection of charges imposed undersubsection (1) (l), and the money owing for the charges is deemed to be taxesrecoverable under section 762 and 763.

(4.) The powers referred to in subsection (1) may only be exercised by bylaw, but all otherpowers of the improvement district may be exercised by the trustees by resolution.

RS1979-290-830(1) to (3); 1990-53-12; 1992-18-74; 1993-54-47; 2000-7-79; 2003-52-330.

Requirements for bylaws747. (1.) A bylaw of an improvement district must be

(a) sealed with the seal of the improvement district, and(b) signed by the officer assigned responsibility under section 738.2 [corporate

administration] and by the person presiding at the meeting at which the bylaw ispassed.

(2.) The bylaws of improvement districts are effective only on registration with the inspector.(3.) For any bylaw, the inspector may register or refuse to register it or take any other action

the inspector considers is in the interest of the improvement district or the Provincialgovernment.

RS1979-290-830(4), 831; 2000-7-80.

Subdivision servicing requirements747.1 (1.) For the purposes of section 746 (1) (k), the board of trustees may, by bylaw, require that,

within that subdivision,(a) a water distribution system,(b) a fire hydrant system,(c) a sewage collection system,(d) a sewage disposal system,(e) a drainage collection system, or(f) a drainage disposal systembe provided, located and constructed in accordance with the standards established in thebylaw.

(2.) A bylaw under subsection (1) may be different in relation to one or more of the following:(a) different circumstances;(b) different areas;(c) different land uses;(d) different zones.

(3.) An improvement district must not impose a requirement under subsection (1) in respect



of a subdivision under the Strata Property Act.(4.) In addition to the authority under subsection (1), as a condition of

(a) the approval of a subdivision, or(b) if an agreement under subsection (8) applies, the issuance of a building permit,a board of trustees may require that the owner of the land provide works and services, inaccordance with the standards established in a bylaw under this section, on that portionof a highway immediately adjacent to the site being subdivided or developed, up to thecentre line of the highway.

(5.) In addition to the authority under subsection (1), if an agreement under subsection (8)applies, as a condition of the issuance of a building permit, a board of trustees mayrequire that the owner of the land provide, on the site being developed, works andservices in accordance with the standards established in a bylaw under this section.

(6.) Requirements under subsections (4) and (5)(a) may only be made to the extent that they are directly attributable to the

subdivision or development, and(b) must not include specific services that are included in the calculations used to

determine the amount of a capital expenditure charge under section 746 (1) (f),unless the owner agrees to provide the services.

(7.) If the owner agrees to provide the services referred to in subsection (6) (b), section 933(8) (a) [deduction of amounts paid by owner] applies to the calculation of the capitalexpenditure charge.

(8.) A board of trustees and a local government may enter into an agreement under whichthe local government may refuse to issue building permits in accordance with thissection.

(9.) The authority to require works and services under this section is limited to works andservices that are within the objects of the improvement district as described in its letterspatent.

2000-7-81, 82.

Excess or extended services and latecomer payments

747.2 (1.) For the purposes of this section:"excess or extended services" means a portion of a water, sewage or drainage system thatwill serve land other than the land being subdivided or developed;

"owner" means an owner within the meaning of section 5.

(2.) A board of trustees may require that the owner of land that is to be subdivided ordeveloped provide excess or extended services.

(3.) If a board of trustees makes a requirement under subsection (2), the cost of providingthe excess or extended services must be paid for(a) by the improvement district, or(b) if the board of trustees considers its costs to provide all or part of these services

to be excessive, by the owner of the land being subdivided or developed.(4.) If the board of trustees imposes a requirement under subsection (3) (b), the improvement

district must(a) determine the proportion of the cost of providing the water, sewage or drainage



facilities that it considers constitutes the excess or extended service,(b) determine which part of the excess or extended service that it considers will

benefit each of the parcels of land that will be served by the excess or extendedservice, and

(c) impose, as a condition of an owner connecting to or using the excess orextended service, a charge related to the benefit determined under paragraph(b).

(5.) If the improvement district pays all or part of the costs of excess or extended services, itmay recover costs by a charge under subsection (4) (c).

(6.) If the owner pays all or part of the costs of excess or extended services, theimprovement district must pay the owner(a) all the charges collected under subsection (4) (c), if the owner pays all the costs,

or(b) a corresponding proportion of all charges collected, if the owner pays a portion

of the costs.(7.) A charge payable under subsection (4) (c) must include interest calculated annually at a

rate established by bylaw, payable for the period beginning when the excess or extendedservices were completed, up to the date that the connection is made or the use begins.

(8.) Charges payable for latecomer connections or use under subsection (4) (c) must becollected during the period beginning when the excess or extended services arecompleted, up to(a) a date to be agreed on by the owner and the board of trustees, or(b) if there is no agreement, a date determined under the Commercial Arbitration

Act,but no charges are payable beyond 10 years from the date the service is completed.

(9.) If an owner, in accordance with a bylaw under section 746 (1) (k) or 747.1, provideswater, sewage or drainage facilities that serve land other than the land being subdividedor developed, this section applies.

2000-7-81.

Power to exercise rights under certain water licences

748. (1.) If the objects of an improvement district include the operation of irrigation works, the rightto divert, store and carry water granted under any licence for irrigation purposesappurtenant to land inside the improvement district is exercisable only by theimprovement district or its assignees.

(2.) An improvement district referred to in subsection (1)(a) has the sole right to the use of all works for diverting, storing and carrying water

authorized, constructed, maintained or used under the licence, whether they areinside the territorial limits or not, and

(b) may, without reference to the precedence of licences, distribute the water to anyland inside the territorial limits.

(3.) Subsections (1) and (2) apply to licences for domestic or waterworks purposes if theobjects of the improvement district include the operation of works for waterworkspurposes.

(4.) When an improvement district is disincorporated, the rights granted under the licencesappurtenant to the land within the territorial limits are again exercisable by the respective



owners of the land.RS1979-290-848.


Power to expropriate water diversion licences and related works

749. (1.) In addition to the rights conferred on licensees under sections 27 and 28 of the WaterAct, an improvement district whose objects include the operation of works for waterworkspurposes may expropriate(a) a licence authorizing the diversion of water from a stream suitable for a water

supply for the improvement district, and(b) any work constructed or used under authority of the licence and any real

property required for the operation, maintenance and protection of the work.(2.) If an improvement district exercises a power under subsection (1) that does not

constitute an expropriation within the meaning of the Expropriation Act, compensation asdetermined by the Expropriation Compensation Board is payable for any loss ordamages caused by the exercise of the power.

RS1979-290-850(part); 1987-23-110; 1992-18-80.

General power to expropriate land and works

750. (1.) An improvement district may expropriate land or works, or both, reasonably required tocarry out its objects.

(2.) The interest of a person in works located on Crown land, including works on highways,may be expropriated if the Lieutenant Governor in Council has consented to theexpropriation.

RS1979-290-851; 1987-23-111.

Renewal of works751. (1.) An improvement district must make adequate provision in advance to renew works when

they require renewal, and for that purpose must raise annually, by taxes or tolls, or both,the sums that the inspector directs.

(2.) Funds raised for the renewal of works must be kept separate from other funds of theimprovement district and must not be disbursed without the prior written consent of theinspector.

RS1979-290-852.

Appeal if improvement district refuses to provide services

752. (1.) An improvement district has no obligation to convey or supply water or electricity or toprovide any service to any person, land or premises.

(2.) Despite subsection (1), a person to whom any improvement district refuses to convey orsupply water or electricity, or to provide any service, may appeal to the inspector, whomay make any order in the matter that the inspector considers just and reasonable.

RS1979-290-849.



Part 23: Division 3 – Taxes and Cost Recovery


Assessment roll753. (1.) The trustees of an improvement district may direct the assessor to prepare an

assessment roll.(2.) The trustees must determine the basis of assessment, which may be by parcel, group of

parcels, area or value of land or improvements or personal property, or any combinationof them.

(3.) Complete or partial exemption may be allowed for any of the bases of assessment orany kind or class of any of those bases.

(4.) If areas are made a basis of assessment, the land may be classified into grades by anymethod of classification determined by the trustees.

RS1979-290-833(1); 1983-23-17; 1983-24-31; 1992-18-75; 2000-7-83.

Notice of assessment754. (1.) The assessor must assess every parcel of land or group of parcels in the name of the

registered owner who appears entitled to possession of the land.(2.) After preparing an assessment roll, the assessor must

(a) mail every assessed owner an assessment notice showing the assessment ofthe owner’s land and, if applicable, the assessment of the owner’s improvementsand personal property, and

(b) send an assessment notice to every holder of a registered charge on land whorequests this in writing.

(3.) The obligation to send an assessment notice under subsection (2) must be consideredsatisfied if the assessor made a reasonable effort to mail or otherwise deliver the notice.

(4.) The assessment notice must state the date of the first meeting of the court of revisionunder section 755, which must not be earlier than 2 weeks after the sending of thenotice.

RS1979-290-833(2), (3), (3.1); 1983-23-17; 1983-24-31; 1992-18-75.

Revision of assessments755. (1.) The trustees

(a) must provide for the revision of an assessment roll by the court of revision andfor the consideration of all complaints about assessment, and

(b) must appoint 3 of themselves or other persons to constitute the court of revision.(2.) Any person having an interest in assessed land may file with the court of revision a

complaint about the assessment of the person’s land or other assessed land.(3.) The court of revision must consider the complaints filed and may ratify or amend an

assessment.(4.) On completion of the revision, the court of revision must confirm the assessment roll.(5.) Within 2 weeks after notice of the determination of a complaint by the court of revision, a

person may appeal to the inspector, who may, after the investigation the inspectorbelieves proper, ratify or amend the assessment.



(6.) The assessment roll as confirmed by the court of revision and, if applicable, as amendedby the inspector, is valid and binding on all persons concerned, despite an omission,defect or error in it or in any assessment notice or the failure to send an assessmentnotice.

(7.) An assessment roll referred to in subsection (6) remains in effect until a new roll hasbeen prepared, revised and confirmed.

RS1979-290-833(3) and (4); 1983-23-17; 1983-24-31; 1992-18-75.

Tax collection on behalf of improvement district

756. (1.) This section applies to improvement districts whose objects include(a) fire protection,(b) street lighting,(c) financial aid to hospitals,(d) acquisition of property for hospitals, or(e) ambulance service.

(2.) If the improvement district is located wholly in one or more municipalities, the council ofeach municipality must levy and collect all taxes that may be levied on real property inthe municipality by the improvement district for the objects referred to in subsection (1).

(3.) If the improvement district is located wholly or partly in a rural area,(a) with the consent of the Minister of Finance, the trustees of the improvement

district may, on or before November 30 of each year, provide to the assessor ofthe assessment district in which all or the greater portion of the improvementdistrict is located a statement showing the amount of money required by theimprovement district for the objects referred to in subsection (1) for the followingyear, and

(b) on receipt of a statement under paragraph (a), the assessor must promptlyapportion to the municipalities and rural area in the improvement district,according to the basis of assessment established by the School Act,(i) the amount shown on the statement, and(ii) an amount estimated for the cost of assessment and collection, interest

on money paid in advance of collection, and losses through failure tocollect.

(4.) If the improvement district is located wholly in a rural area,(a) the assessor of the assessment district in which all or the greater portion of the

improvement district is located must advise the collector of each collectiondistrict in which any part of the improvement district is located of the amount ofmoney required to be levied by the collector and the applicable rates, and

(b) the collector must levy the amount according to the basis of assessmentestablished by the School Act.

(5.) If the improvement district includes a municipality and rural area,(a) the assessor of the assessment district in which all of or the greater portion of

the rural area is located must advise the trustees of the improvement district, thecouncil of the municipality and the collector of each collection district in whichany part of the improvement district is located of the amount of money requiredto be levied and the applicable rates for each of the component areas of theimprovement district, and



(b) the council of the municipality and the collector must levy that amount in theirrespective jurisdictions according to the basis of assessment established by the School Act.

(6.) The amount to be raised within a municipality for improvement district purposes must bepaid, on or before September 30 of the year in which the amount was levied, by themunicipality to the improvement district, which must without delay pay the amount to theMinister of Finance.

(7.) If the Minister of Finance believes the amount of money required by the improvementdistrict under this section is too large to be levied in one year, that minister may authorizethat the amount be levied over a number of years and in the manner that ministerconsiders appropriate.

(8.) The Minister of Finance may advance to the improvement district from the consolidatedrevenue fund amounts requisitioned by the improvement district in respect of the taxesbefore they are levied or collected.

(9.) Except as to the basis of assessment provided in subsections (3) to (8),(a) the Taxation (Rural Area) Act applies to the assessment, levy, collection and

recovery of all taxes imposed under those subsections on land andimprovements in rural areas and to the addition of interest,

(b) those taxes, when assessed and levied, are deemed to be taxes imposed andassessed under the Taxation (Rural Area) Act, and

(c) the proceeds of those taxes must be paid by the Minister of Finance to theimprovement district, less an amount that that minister believes should beretained to cover(i) Repealed. [2003-3-18](ii) interest on any money paid in advance of collection, and(iii) Repealed. [2003-3-18](iv) the annual sum required in repayment of any advance that has been

made by that minister.(10.) Sections 754 and 755 do not apply to any taxes imposed, assessed or levied under this

section.RS1979-290-833(5) to (8); 1983-23-17; 1983-24-3; 1992-18-75; 2003-3-18; 2003-54-27.

Municipal collection of improvement district taxes

756.1 (1.) Despite any Act, if all or part of a municipality is contained in the area of an improvementdistrict, the objects of which include the provision of fire protection or street lighting, thecouncil of the municipality must impose and collect all taxes imposable by theimprovement district on real property in the municipality.

(2.) The board of trustees of the improvement district must notify the council of themunicipality of the amount to be raised for improvement district purposes in themunicipality for the current year.

(3.) The Surveyor of Taxes must advise the council of the applicable rates for improvementdistrict purposes, based on the net taxable value of land and improvements butexcluding property that is taxable for school purposes only by special Act, to be appliedthroughout the area of the improvement district.

(4.) The council must incorporate the rates under subsection (3) under section 197 (1) (b) [property taxes for other bodies] of the Community Charter.



(5.) For the purposes of subsection (3) and section 756.2 (2) and (3),(a) the definition of “improvements” in the Assessment Act applies, and(b) the exemptions in sections 129 to 131 of the School Act apply.

1999-37-162; 2003-52-331.

Payments to improvement districts756.2 (1.) On demand, the council must pay to the board of trustees of the improvement district the

amount to be raised in the municipality for improvement district purposes.(2.) The board of trustees of the improvement district may ask the council of the municipality

to advance the sums necessary to meet the current authorized obligations of theimprovement district and the council may advance those sums, but only on evidence ofthe money being needed for operations and obligations of the board of trustees.

(3.) As a limit on subsection (2), the total of the advances that may be made under thatsubsection must be according to the ratio that(a) the net taxable value of land and improvements of the property in the

municipality that is in the improvement district, excluding property that is taxablefor school purposes only by special Act,

bears to

(b) the net taxable value of land and improvements of the property in theimprovement district as a whole, excluding property that is taxable for schoolpurposes only by special Act,

according to the revised assessment rolls on which the tax will be imposed.(4.) The board of trustees of the improvement district must pay to the Minister of Finance,

promptly on receipt, money received from the municipality that represents a share ofadvances made by the Minister of Finance on behalf of land and improvements in themunicipality.

1999-37-162; 2003-66-52; 2003-54-27.


Levying of taxes by improvement district757. (1.) The trustees may, by bylaw, levy taxes to raise the funds considered necessary to meet

the obligations of the improvement district and to carry out its objects.(2.) Taxes under subsection (1) may be established on the basis of parcels, groups of

parcels, values or areas, or any combination of them and different rates of tax may beestablished for different grades or classes of land and improvements.

(3.) A bylaw under subsection (1) may establish the minimum amount of taxes payable for aparcel or group of parcels and may provide for discounts or percentage additions toencourage prompt payment.

(4.) Unless otherwise provided, a tax is deemed to have been levied and is owing on andfrom January 1 of the year for which the tax is levied.

(5.) A person whose name appears on the assessment roll of an improvement district in any



year as the owner of any land is liable to the improvement district for the taxes levied bythe trustees for that year for that land.

(6.) If the trustees levy a tax on the basis of values as referred to in subsection (2), they mustadopt a variable tax rate system under which rates are separately determined andimposed for each property class.

(7.) Section 199 [property tax rates regulations] of the Community Charter applies to avariable tax rate system under this section and, for these purposes, a reference to amunicipality in that section is to be read as a reference to an improvement district.

(8.) A tax bylaw or tax must not be questioned on the ground that the rate of the tax exceedswhat is required for the purposes for which taxes may be levied.

(9.) Any action in which the validity of a tax bylaw is questioned must be commenced withinone month after registration of the bylaw.

RS1979-290-834; 1983-24-32; 1990-31-13; 1999-37-163; 2003-52-332.

Tax notices758. (1.) On registration of a tax bylaw, the trustees must have sent to every registered owner of

assessed land a tax notice that(a) shows the amount of taxes owing by the assessed owner to the improvement

district, and(b) provides sufficient information on assessment and the rates of tax to show how

the taxes are computed.(2.) The obligation to send a notice under subsection (1) must be considered satisfied if a

reasonable effort was made to mail or otherwise deliver the notice.RS1979-290-835; 1992-18-76.

Lien for taxes and tolls759. (1.) Despite anything contained in any statute, every assessment made, every tax imposed

or levied, accrued or to accrue on any land, and every toll or charge established under abylaw of an improvement district forms a lien and charge on the land on which it hasbeen imposed, levied, accrued or established.

(2.) A lien and charge referred to in subsection (1) has preference over any claim, lien,privileges or encumbrance of any person, except the Crown and municipal taxespreviously accrued, and does not require registration to preserve it.

(3.) If it is necessary or advisable to protect or enforce a lien referred to in subsection (1) byaction or proceeding, this may be done by order of any court of competent jurisdiction,on application and on the notice that the court directs.

(4.) A lien referred to in subsection (1) constitutes a lien and charge on the whole parcel ofland affected, even though the tax, toll or charge forming the lien may have beenimposed, levied, established or calculated on a part only, or on improvements of any kindor class.

(5.) If a parcel of land on which there are taxes owing to an improvement district issubdivided, the collector may apportion the taxes among the separate parts of the parceland their owners as nearly as possible in conformity with the classification of the landcomprising the parts at the time the taxes were levied.

RS1979-290-836.

Interest on taxes



760. (1.) The taxes payable to an improvement district bear interest at the rate prescribed by theLieutenant Governor in Council under section 11 (3) of the Taxation (Rural Area) Actfrom March 1 next following the date on which they are levied, until paid or recovered.

(2.) The interest under subsection (1)(a) is from day to day deemed part of the taxes, and a reference to taxes is deemed

to include all interest so added, and(b) is to the same extent as the taxes a lien and charge.

RS1979-290-837; 1982-37-6.

Part 23: Division 4 – Tax Sales



"purchaser" includes the improvement district;

"sale" includes the acquisition of land by the improvement district under this section.

RS1979-290-840.

Tax sale for recovery of taxes762. (1.) In addition to all other remedies for the recovery of taxes, including percentage additions

and interest, the improvement district(a) may hold a tax sale and there sell at public auction all the land on which there

are taxes owing to the improvement district for 24 months or longer at the date ofthe sale, and

(b) must hold such a tax sale at least once in each year.(2.) The trustees must set the date, time and place of the tax sale.(3.) The collector must

(a) at least 60 days before the date set for the tax sale, give written notice inaccordance with subsection (4) to each registered owner of a parcel proposed tobe sold and to the holder of any registered charge on the parcel, either byserving the notice or by sending it by registered mail, and

(b) retain a copy of each notice under paragraph (a).(4.) The notice must include the following:

(a) the time and place set for the tax sale;(b) a short description of the land for which the taxes are owing;(c) the amount of all taxes owing to the improvement district on the land and the

amount of interest to the date of the tax sale;(d) the amounts chargeable as expenses connected with the tax sale, including any

applicable fee under the Land Title Act for issuance and registration of a tax saledeed;

(e) the upset price of the land for the purpose of the tax sale, being the total of thetaxes, interest, expenses and fee;



(f) a statement that, if the amounts of taxes, interest and expenses are not paidbefore the tax sale, the collector will offer the land for sale by public auction atthe time and place stated in the notice;

(g) a statement that the proposed tax sale of the land will be an absolute sale andthat no right of redemption will remain in the owner or holder of the charge afterthe sale.

(5.) On application, the Supreme Court may order that the notice under subsection (3) maybe served by substituted service in accordance with the order.

(6.) Notice, publication or advertisement of the tax sale, other than that required bysubsection (3), is not necessary, but the trustees may direct the advertisement of a taxsale as they consider appropriate.

(7.) In order to cover the expenses connected with a tax sale, the trustees may, by bylaw,establish amounts to be charged under subsection (8).

(8.) The collector must charge against each parcel proposed to be sold at the tax sale theamount set under subsection (7).

RS1979-290-838(1) to (4.2); 1992-18-77; 2000-7-84.

Conduct of tax sale763. (1.) The collector must conduct the tax sale in accordance with the following:

(a) on the day and at the hour and place set for the tax sale, if the amounts of taxes,interest and expenses for land described in a tax sale notice have not been paid,the collector must offer that land separately for sale at the upset price stated inthe notice, and may sell it to the highest bidder;

(b) if there is a bid of the upset price, but no higher bid, the person bidding the upsetprice must be declared the purchaser;

(c) the collector may adjourn the tax sale from day to day or for a period notexceeding 7 days at any one adjournment until all the land is disposed of.

(2.) If the purchaser of a parcel of land at a tax sale fails to pay immediately to theimprovement district the amount of the purchase money, the collector must without delayoffer the parcel for sale again.

(3.) A tax sale purchaser, at the time of paying to the collector the purchase price of the landsold to the purchaser, must sign, or have a person acting as agent sign, a copy of the taxsale notice relating to that land and stating the full name, occupation and post officeaddress of the purchaser.

(4.) The signed copy of the tax sale notice under subsection (3)(a) must be preserved by the collector with all the other records connected with the

tax sale, and(b) on the execution under this section of a deed of the land sold, is deemed to

constitute the collector or the collector’s successor in office as the dulyauthorized agent to apply(i) on behalf of the purchaser for registration of the purchaser’s title to the

land, or(ii) in case of the purchaser’s death, on behalf of the purchaser’s personal

representative for registration of the representative’s title to the land.RS1979-290-838(5) to (7); 1992-18-77.

Disposal of surplus from tax sale



764. (1.) If a parcel of land offered for sale at the tax sale sells for more than the upset price, onwritten request the surplus must be paid without interest to the registered owner or thepersonal representative of the registered owner, unless a claim to the surplus is made bysome other person on the ground that the land belonged to the other person or that theother person is otherwise entitled to the surplus.

(2.) If a claim referred to in subsection (1) is made, the surplus(a) must be paid, without leave or order, into the Supreme Court, accompanied by a

copy of the tax sale notice and a statement of the collector setting out(i) the facts under which the payment into court is made, and(ii) the names of the registered owner and the claimant, and

(b) is payable out of court to the person entitled on the order of the court to be madeon application in a summary manner and subject to the giving of notice as thecourt directs.

RS1979-290-839.


Improvement district as purchaser of tax sale land

765. A parcel of land offered for sale at the tax sale for which no bid equal to or greater thanthe upset price is received is deemed to be sold to the improvement district.

RS1979-290-840.

Tax sale deed766. (1.) Promptly after a tax sale, the collector must

(a) execute a deed of each parcel sold by the collector at the tax sale to thepurchaser or, in case of the death of the purchaser, to the personalrepresentative of the purchaser, and

(b) forward the deed to the registrar of land titles, together with any applicable feeunder the Land Title Act.

(2.) On receipt of a tax sale deed under subsection (1) and any applicable fee, the registrarof land titles must register indefeasible title to the land in the name of the purchaser orthe personal representative, subject to Provincial taxes owing on the land.

(3.) The registration of the improvement district or any other person as the owner of landunder a tax sale deed executed under this section(a) cancels registration of the indefeasible or absolute title of that land and any

duplicate indefeasible title or absolute certificate of title outstanding for that land,and

(b) disencumbers the land of all interest of every previous owner or of thoseclaiming under a previous owner, and of all claims, demands, payments,charges, liens, judgments, mortgages and encumbrances of every nature andkind, other than(i) the restrictive conditions, reservations and exceptions subject to which

the land was held at the time of the tax sale, and(ii) existing liens of the Crown or of the municipality in which the land is

located.



(4.) In a court proceeding, a deed purporting to be issued for a sale of land for unpaid taxes,and purporting to be executed under this Act, is evidence that(a) the deed is the tax sale deed that it purports to be,(b) the sale alleged in the deed was conducted in a fair and open manner, and(c) there were taxes due and in arrear on the land described in the deed at the time

of the sale for which it could be sold.(5.) After the end of one year after the date on which the application is made to register in the

purchaser the title of land sold at a tax sale, an action must not be brought to recover theland or to set aside the sale of the land, against(a) the registrar, the improvement district, the trustees or the collector for the sale of

the land or registration of an indefeasible title to it, or(b) except as provided in this section, against the improvement district, the trustees

or the collector for any loss sustained because the land was sold.(6.) A person who at the time of sale was the registered owner of the land sold, or the

personal representative or assignee of that person, or a person who at the time of salewas the holder of a registered interest in or charge on the land, must be indemnified bythe improvement district for loss sustained by the person because of the sale of the landif(a) the land was not liable to taxation by the improvement district during the period

for which the taxes were levied on the land sold,(b) the taxes for which the land was sold had been paid, or(c) notice of the intention to sell or offer the land for sale was not given in substantial

compliance with section 762 (3).(7.) A proceeding to recover indemnity under subsection (6) must be commenced within one

year after the date on which the application is made to register the title of the land in thepurchaser.

(8.) Despite subsection (6), there is no right to indemnity under that subsection if it is shownthat the person claiming indemnity(a) was aware at any time that the land was liable to be sold or offered for sale, or(b) was aware at the time of the tax sale that the land was advertised or offered for

sale.RS1979-290-841; 1982-60-114; 1992-18-78.

Sale of Crown land held under a mortgage or agreement for sale

767. (1.) Subject to this section, sections 762 to 766 apply to land in respect of which taxes are inarrear if(a) the fee simple of the land is in the Provincial or federal government, and(b) the land is held under a mortgage to or agreement for sale from the Provincial or

federal government, a minister of the Provincial or federal government or aboard or corporation holding or having charge of the administration of the landon behalf of the Provincial or federal government.

(2.) At a tax sale, the land must be sold subject to the interest of the Provincial or federalgovernment and the collector must state at the time of sale that the interest of theProvincial or federal government is prior to all claims and is not affected by the sale.

(3.) The Provincial or federal government may accept the tax sale purchaser as mortgagor orpurchaser of the land and may deal with that purchaser to the exclusion of the person



whose interest was sold at the tax sale and of all persons claiming under that person.(4.) If the Provincial or federal government accepts the tax sale purchaser as mortgagor or

purchaser, that government must(a) notify the trustees of this, and(b) notify the registrar if the mortgage or agreement for sale is registered in the land

title office.(5.) If the Provincial or federal government does not accept the tax sale purchaser as

mortgagor or purchaser or does not notify the trustees within 6 months after the date ofsale that that government has accepted the purchaser, the purchaser is entitled to arefund from the improvement district of the amount the purchaser paid together withinterest at the rate prescribed under subsection (6).

(6.) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes ofsubsection (5).

(7.) If a refund is made under subsection (5), the collector must promptly replace on the taxroll, as taxes in arrear, the amount of the taxes, interest, costs and expenses, togetherwith the interest paid to the purchaser under that subsection.

RS1979-290-842; 1992-18-79.

Disposal of tax sale land by trustees768. The trustees may lease, sell or otherwise dispose of land of which the improvement

district has been registered as owner under section 766 in the manner and on the termsthey see fit, and may apply the proceeds of sale for any purpose for which taxes thatmay be levied by the trustees under this Act may be applied.

RS1979-290-843.

Part 23: Division 5 – Borrowing and Securities

Provision of sinking funds769. If a bylaw of an improvement district provides for a sinking fund, the improvement district

must pay the instalments of the sinking fund to the Minister of Finance, who must investthem in investments permitted for a trust fund under section 40 (4) of the FinancialAdministration Act.

RS1979-290-832; 1981-15-130; 2003-54-27.

Provincial guarantee of improvement district securities770. (1.) The Lieutenant Governor in Council may, on terms and in the manner and form the

Lieutenant Governor in Council determines, guarantee the payment of principal andinterest of(a) notes, bonds, debentures or other securities authorized to be issued under this

Act or the Water Act by an improvement district for any purpose of theimprovement district, and

(b) loans, temporary or otherwise, authorized to be raised under this Act or the Water Act by an improvement district for any purpose of the improvementdistrict.

(2.) Without limiting subsection (1), the purposes of an improvement district include thefollowing:



(a) the acquisition, construction, reconstruction, replacement, improvement andextension of works for diverting, storing and conveying water for domestic useand irrigation of land;

(b) the disposal of sewage;(c) the provision of fire protection;(d) the provision of street lighting;(e) the granting of financial aid toward the planning, constructing, reconstructing,

purchasing, equipping or operating of a hospital, or the acquiring of land orbuildings for those hospital purposes;

(f) repayment of advances by the Provincial government to the improvementdistrict;

(g) repayment, refunding or renewal of all or part of a loan raised or securitiesissued by the improvement district;

(h) payment of all or a part of any loan, liability or bonds, debentures or othersecurities, payment of which is guaranteed or assumed by the improvementdistrict;

(i) payment of any other liability or debt of the improvement district.(3.) A guarantee given under subsection (1) must be signed by the Minister of Finance, or by

another officer of the Ministry of Finance designated by the Lieutenant Governor inCouncil.

(4.) On the guarantee being signed in accordance with subsection (3), the Provincialgovernment is liable to pay the principal and interest of the notes, bonds, debentures,securities and loans guaranteed, according to their tenor.

(5.) In the hands of any holder of the notes, bonds, debentures or securities, a guaranteesigned in accordance with subsection (3) is conclusive evidence that that subsection hasbeen complied with.

(6.) The Lieutenant Governor in Council may make arrangements to supply the moneynecessary to fulfil the requirements of a guarantee under this section and may advancethe amount necessary out of the consolidated revenue fund.

RS1979-290-854;2003-54-27.

Form of securities771. The notes, bonds, debentures and other securities authorized and issued by an

improvement district must bear the seal of the improvement district and, together withany coupons attached to them, must bear the manual, engraved, lithographed or printedsignatures of the chair and officer assigned responsibility under section 738.3 [financialadministration], or of the other persons the trustees may by bylaw determine.

RS1979-290-855; 2000-7-85.

Registration of securities772. (1.) An improvement district that issues or has issued bonds or debentures must keep or

cause to be kept at the office of the improvement district or in the office of the registrar ofthe Ministry of Finance a registry book in which(a) the owners of any of its bonds or debentures may register them as to principal

only, and(b) transfers of bonds or debentures so registered may be registered.

(2.) Bonds or debentures of an improvement district pass by delivery unless registered as to



principal in the name of the owner in the registry book, in which case the fact ofregistration must be noted on the bonds or debentures so registered.

(3.) After registration, a transfer of a bond or debenture is not valid unless it is(a) made by instrument in writing signed by the registered owner or by the

authorized attorney of the registered owner, and(b) registered in the registry book.

(4.) Registration of an instrument under subsection (3) must be noted on the bond ordebenture.

(5.) The registration of a bond or debenture under this section may be discharged and thetransferability of the bond or debenture by delivery restored by registration of a furthertransfer to the bearer of the bond or debenture, that is similarly registered and noted onthe bond or debenture as referred to in subsections (3) and (4).

(6.) After the registration of a bond or debenture has been discharged, its registration mayagain in like manner be effected or discharged.

(7.) Despite registration of a bond or debenture, the interest coupons continue to be payableto bearer and to be transferable by delivery.

RS1979-290-856; 2003-54-27.



PART 24 – REGIONAL DISTRICTS



Application of other provisions774. In the application of the other provisions of this Act or the Community Charter to regional

districts, references are to be read as follows:

Reference

To be read as

municipality...............................

regional district

council......................................

board

mayor.......................................

chair

councillor..................................

director

municipal officer........................

regional district officer

1998-34-151; 2003-52-334.

Part 24: Division 1.1 – Continuation of Regional Districts and Services



Continuation of regional districts774.1 (1.) Every regional district incorporated before this Part came into force on July 1, 1989 is

continued as a corporation and is vested with the powers conferred on it by this Act.(2.) All bylaws validly adopted by a board before this Part came into force continue in force.

2000-7-87.

Continuation of regional district services

774.2 (1.) In this section:"continued service" means a service provided by a regional district immediately before thetransition date;

"previous continuation authority" means the authority to provide services under section 775(3) to (8), as that section read immediately before the transition date;

"transition date" means the date when this section came into force.

(2.) Subject to this section, a regional district continues to have the power to provide acontinued service as follows:(a) if, immediately before the transition date,

(i) the service is one that was authorized under the previous continuationauthority, and

(ii) no bylaw that was deemed under the previous continuation authority tobe an establishing bylaw has been adopted in relation to the service,

the service may be continued in accordance with the previous continuationauthority and, for these purposes, that authority is deemed not to have beenrepealed;

(b) if the service is one referred to in section 800.1 (2) (b) or (c) [developmentservices and social planning], or is another service for which an establishingbylaw was not required before the transition date, the service may be continuedwithout an establishing bylaw.

(3.) If a board exercises a power to provide a continued service under subsection (2), it may(a) adopt a bylaw in accordance with subsection (5) to convert the service to one

exercised under the authority of an establishing bylaw, and(b) by the same bylaw, amend the power to the extent that it could if the power were

in fact exercised under the authority of an establishing bylaw.(4.) A board must adopt a bylaw under subsection (3) in relation to a continued service if any

changes are made to the service area, participants, method of cost recovery orapportionment of costs in relation to the service.

(5.) A bylaw under subsection (3) must(a) meet the requirements of section 800.1 [required content] for an establishing

bylaw, and(b) be adopted in accordance with section 802 [amendment or repeal of establishing

bylaw] as if it were a bylaw amending an establishing bylaw.(6.) A bylaw under subsection (3) is deemed to be an establishing bylaw for the service in

respect of which it is adopted.2000-7-87.



Part 24: Division 2 – Corporate Structure


Incorporation of regional districts776. On the recommendation of the minister, the Lieutenant Governor in Council may, by the

issue of letters patent, incorporate the residents of an area into a regional district for thepurpose of exercising powers conferred on the regional district under this Act or underany other enactment.

RS1979-290-768; 1989-59-13.

Letters patent of regional districts777. (1.) Letters patent incorporating a regional district must specify the following:

(a) the name and boundaries of the regional district;(b) the municipalities and electoral areas that comprise the regional district;(c) the boundaries of each electoral area in the regional district;(d) the voting unit for the regional district, by specifying the number of persons used

to calculate the number of votes referred to in section 783 (2);(e) the last date for appointment of municipal directors to the first board;(f) the time and manner of the first election of electoral area directors;(g) the chief election officer and the voting places for the first election under

paragraph (f);(h) the date, time and place of the board’s first meeting;(i) the sums that may be borrowed to meet the current lawful expenditures of the

regional district in the year of incorporation and, if considered necessary, for thenext year;

(j) the dates that may be observed initially, and once only, in place of statutorydates;

(k) Repealed. [2000-7-89](l) any other provisions and conditions the Lieutenant Governor in Council

considers necessary or advisable.(2.) No part of an electoral area may be in a municipality.(3.) On the recommendation of the minister, the Lieutenant Governor in Council may, by the

issue of letters patent, do one or more of the following:(a) specify the divisor used to calculate the number of directors referred to in section

783 (5);(b) change the name of a regional district;(c) amend the voting unit referred to in subsection (1) (d);(d) redefine the boundaries of an electoral area, establish a further electoral area or

eliminate an existing electoral area;(e) make provisions that the Lieutenant Governor in Council considers necessary or

advisable for the transition referred to in paragraph (d).(4.) Without restricting subsection (3) (d), letters patent under that subsection may allocate

and assign or transfer some or all assets and liabilities, whether real or contingent, in a



manner that the Lieutenant Governor in Council considers just and expedient.RS1979-290-769; 1989-59-13; 1993-54-32; 2000-7-89; 2003-52-335.


Amalgamation and division of regional districts and alteration of boundaries

780. (1.) On the recommendation of the minister, the Lieutenant Governor in Council may, by theissue of letters patent, or by the repeal of existing letters patent and the issue of newletters patent, as necessary,(a) amalgamate 2 or more regional districts,(b) alter the boundaries of 2 or more adjoining regional districts by reducing the area

of one and increasing the area of another by the inclusion of the area withdrawninto the district that is increased, or

(c) divide a regional district into 2 or more regional districts.(2.) Before making a recommendation under subsection (1), the minister must

(a) consult with the minister who administers the Hospital District Act for the purposeof ensuring that any boundary alteration will, if possible, maintain coextensiveregional district and hospital district boundaries, and

(b) notify all regional districts that will be affected by the proposed recommendation.(3.) The Lieutenant Governor in Council must not issue letters patent under subsection (1)

for 6 months after notice has been given under subsection (2) (b).(4.) In a recommendation under subsection (1), the minister must specify a proposed

allocation or division of the assets and liabilities of the districts affected.(5.) Letters patent under subsection (1) may include provisions that the Lieutenant Governor

in Council considers necessary or advisable for the transition.(6.) Without limiting subsection (5), letters patent under subsection (1) may allocate and

assign or transfer some or all assets and liabilities, whether real or contingent, in amanner that the Lieutenant Governor in Council considers just and expedient.

(7.) Subject to the letters patent, the bylaws and resolutions of boards that had jurisdictionbefore the amalgamation, alteration or division remain in force until they are amended orrepealed by the board having jurisdiction following the amalgamation, alteration ordivision.

(8.) On the issue of letters patent under this section, sections 31 and 32 apply.RS1979-290-772; 1989-59-13.

Dissolution of improvement districts and local areas

781. (1.) If an improvement district is dissolved under section 735 or a local area under the LocalServices Act ceases to exist, and the land comprising the improvement district or localarea is in a regional district, the Lieutenant Governor in Council may, by order, do one ormore of the following:(a) provide that all or part of the land be a service area under this Part;(b) allocate and assign or transfer to the regional district any asset or liability,

whether real or contingent, of the improvement district or local area under the



terms and conditions the Lieutenant Governor in Council considers necessary oradvisable and in a manner that the Lieutenant Governor in Council considersjust and expedient;

(c) specify that the bylaws of the improvement district or any enactment relating tothe local area continue in force in the part of the improvement district or localarea that is in the regional district until they are amended or repealed by theboard;

(d) specify a period within which a bylaw must be adopted under subsection (2).(2.) If provision is made for a service area under subsection (1), the board must adopt a

bylaw in respect of the service that(a) meets the requirements of section 800.1 [required content] for an establishing

bylaw, and(b) is adopted in accordance with section 802 [amendment or repeal of establishing

bylaw] as if it were a bylaw amending an establishing bylaw.(3.) A bylaw under subsection (2) is deemed to be an establishing bylaw for the service in

respect of which it is adopted.(4.) A bylaw under subsection (2) must be adopted within the period specified in the order of

the Lieutenant Governor in Council under subsection (1) or, if no period is specified,within a reasonable period after that order comes into effect.

(5.) If no period is specified in the order under subsection (1), the Lieutenant Governor inCouncil may, in a later order, specify a period and, if this is done, a bylaw undersubsection (2) must be adopted within the period specified.

RS1979-290-773; 1989-59-13; 2000-7-90.

Creation or restructure of municipalities782. (1.) If letters patent incorporate an area in the regional district as a new municipality, the new

municipality becomes a member of the regional district on the date of incorporation, withrepresentation determined in accordance with section 783.

(2.) If letters patent incorporate a new municipality or extend the boundaries of an existingmunicipality, and all or part of a service area is in the new municipality or the extensionof the existing municipality, the Lieutenant Governor in Council may, by the issue ofletters patent for the regional district,(a) transfer from the regional district to the municipality the jurisdiction for the

service in respect of all or a specified part of the service area, and(b) make provisions that the Lieutenant Governor in Council considers necessary or

advisable for the transfer.(3.) Without limiting subsection (2) (b), the letters patent may allocate and assign or transfer

some or all assets and liabilities, whether real or contingent, in a manner that theLieutenant Governor in Council considers just and expedient.

(4.) If jurisdiction for a service is transferred to the municipality by letters patent undersubsection (2), the effective date of the transfer is the date of the letters patent unless anorder under subsection (4.1) applies.

(4.1) The minister may, by order, specify a later date on which the transfer is effective and, ifsuch an order is made, the jurisdiction of the regional district governing the servicecontinues in force until that later date.

(5.) If letters patent incorporate a new municipality and only a part of a service area is in thenew municipality, the service is continued under the jurisdiction of the regional district



unless it is transferred under subsection (2) (a).(6.) If letters patent are issued extending or reducing the boundaries of a municipality, the

voting power of the municipality under section 783 must be adjusted effective January 1in the year following the date of issue.

(7.) Subsection (8) applies if, as a consequence of the incorporation of a new municipality orthe alteration of boundaries of an existing municipality, the council and the board areunable to resolve a difference that may arise between them on(a) the question of administration of matters in their respective jurisdictions,(b) the allocation of resources or costs, or(c) any other matter that, in the opinion of the minister, requires solution.

(8.) In the circumstances referred to in subsection (7), after considering the representationsof the parties, the minister may make an order, not inconsistent with this Act or letterspatent of the municipality or regional district, directing the council and the board, oreither, to act in a manner consistent with the terms of settlement set out in the order.

(9.) The council and the board must comply with the terms of an order under subsection (8)according to its intent.

RS1979-290-774; 1989-59-13; 1997-25-131; 2000-7-91.

Part 24: Division 3 – Government and Procedure


Composition and voting rights783. (1.) A board consists of municipal directors and electoral area directors.

(2.) The number of votes to which each municipality and each electoral area is entitled is(a) the number obtained by dividing the population of the municipality or electoral

area by the voting unit specified in the letters patent, or(b) if the quotient under paragraph (a) is not an integer, the next greater integer to

that quotient.(3.) Repealed. [2003-52-336(a)](4.) A change in the population of a municipality or an electoral area established by census,

for purposes of the voting power on that board, takes effect in the year following the yearin which that census was taken.

(5.) The number of directors to which each municipality is entitled is(a) the number obtained by dividing the number of votes to which that municipality is

entitled under subsection (2) by 5 or, if otherwise specified in letters patent forthe regional district, by the other number specified, or

(b) if the quotient under paragraph (a) is not an integer, the next greater integer tothat quotient.

(6.) The votes of a municipality referred to in subsection (2) are to be equally distributed bythe council among the directors from that municipality.

(7.) If equal distribution is not possible under subsection (6),(a) the council must assign the municipality’s votes to each director as evenly as

possible, but in no case may the difference between the maximum and minimumnumber of votes assigned be greater than one, and



(b) the municipal corporate officer must notify the regional district corporate officer ofthe assignment made under paragraph (a).

RS1979-290-775; 1989-59-13; 1998-34-153; 2003-52-336.

Appointment and term of office of municipal directors

784. (1.) After the first appointment under section 777 (1) (e), each municipal director is to beappointed at pleasure by the council from among its members.

(2.) The term of office of a municipal director(a) begins when the person takes office in accordance with section 210 (3) [oath of

office], and(b) continues until the earliest of

(i) another director taking office in the original director’s place,(ii) the director ceasing to be a member of the council before the next

general local election, and(iii) December 31 in the year of a general local election.

(3.) Repealed. [2003-52-337]RS1979-290-776; 1993-54-34; 1998-34-154; 2000-7-92; 2003-52-337.

Election and term of office of electoral area directors

785. (1.) After the first election under section 777 (1) (f), elections for electoral area directors areto be conducted in accordance with Part 3.

(2.) Repealed. [2003-52-337](3.) The term of office of an electoral area director elected at the time of the 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) [oath of office], whicheveris later, and

(b) ends immediately before the first Monday after December 1 in the year of thenext general local election or when the director's successor takes office,whichever is later.

RS1979-290-777; 1993-54-34; 1998-34-155; 2003-52-337.

Alternate municipal directors786. (1.) The council of a municipality may appoint a council member as an alternate director.

(2.) The alternate director may take the place of, vote and generally act in all matters for anabsent municipal director, including a matter delegated to that director by the board.

(2.1) If there is more than one municipal director, the authority under subsection (1) may beexercised either(a) by specifying for each municipal director, the council member who is the

alternate director for that municipal director, or(b) by appointing a number of alternate directors and establishing a system to

determine which alternate director is to act in the place of any absent municipaldirector.

(2.2) As a restriction on subsection (2.1) (b), at any one time an alternate director may only actin place of a single municipal director.



(3.) If the council appoints an alternate director, the municipal corporate officer must notifythe regional district corporate officer of the appointment in writing.

(4.) An alternate director holds office as alternate director until another council member isappointed as a replacement and the regional district corporate officer has been notifiedof the new appointment.

(5.) If the seat of a municipal director becomes vacant through resignation, disqualification ordeath, the alternate director appointed under subsection (1) becomes the municipaldirector in place of the director whose seat became vacant until a new director isappointed.

RS1979-290-778; 1989-59-13; 1998-34-156; 2000-7-93; 2003-52-338.

Alternate electoral area directors787. (1.) An electoral area director must appoint, as an alternate director, a person who has the

qualifications necessary to be nominated as a director for that electoral area.(2.) On behalf of an absent electoral area director, the alternate director appointed under

subsection (1) may take the place of, vote and generally act in all matters for the absentelectoral area director, including in relation to a matter delegated to that director by theboard.

(3.) An appointment under subsection (1) takes effect when(a) the appointment has been approved in writing by 2 electors who reside in the

electoral area that the director represents, and(b) the director notifies, in writing, the regional district corporate officer of the

appointment of the alternate.(4.) If the office of an electoral area director becomes vacant through resignation,

disqualification or death,(a) the alternate director holds the office until that person’s successor takes office

following the next election for the office, or(b) if the alternate director is unable or unwilling to hold office as director, the board

must appoint another person who has the qualifications to be nominated as adirector for the electoral area and that person holds the office as provided inparagraph (a).

(5.) The electoral area director who appointed an alternate director may appoint, as areplacement for the alternate director, another person who has the qualificationsnecessary to be nominated as a director for that electoral area.

(6.) An alternate director holds office as alternate director until a replacement is appointedunder subsection (5) or until the next general local election, whichever is earlier.

RS1979-290-779; 1989-59-13; 1993-54-35; 1998-34-157; 2003-52-339.

Application of Community Charter provisions to regional district directors

787.1 (1.) The following provisions of the Community Charter apply to regional districts: Division 6 [Conflict of Interest] of Part 4; Division 7 [Disqualification] of Part 4; section 117 [duty to respect confidentiality]; section 282 (2) (e) [regulations in relation to Division 6 of Part 4].

(2.) For the purpose of subsection (1), a reference to a delegate in section 102 (1) (c) [restrictions on inside influence] of the Community Charter is to be read as a reference to



a delegate under section 176 (1) (e) [delegation of board authority] of this Act.(3.) Section 110 (1) (a) [disqualification for failure to take oath] of the Community Charter

does not apply in relation to alternate directors, and for other directors the applicabletime is the time established by section 210 of this Act.

2003-52-340.





Voting on resolutions and bylaws791. (1.) All resolutions and every reading and the adoption, amendment or repeal of all bylaws

must, except as otherwise provided, be decided by(a) a majority of the votes cast, and(b) voting in accordance with subsections (2) to (17).

(2.) Except as otherwise provided, on all resolutions and every reading and the adoption,amendment or repeal of all bylaws, each director who is present(a) is entitled to vote, and(b) has one vote.

(3.) Without limiting subsection (2), voting on the following matters must be in accordancewith that subsection:(a) establishing bylaws for services;(b) bylaws exercising a regulatory authority in relation to a regulatory service;(c) resolutions and bylaws establishing services for which no establishing bylaw is

required;(d) resolutions and bylaws on the general conduct of the board’s business, including

bylaws under sections 793 and 794;(d.1) resolutions appointing a director under section 813.02 (2) (c) [appointment of

representative in relation to service disputes];(e) resolutions dispensing with the consent of an electoral area director under

section 801.5 (3), or that section as it applies under section 802 (2) or 823.1 (3);(f) resolutions and bylaws under Part 25, except as provided in subsection (16);(g) subject to subsections (12) and (13), resolutions and bylaws under Part 26, other

than bylaws referred to in paragraph (b).(4.) On all resolutions and every reading and the adoption, amendment or repeal of all

bylaws respecting the administration and operation of a service, other than the service



referred to in section 800 (2) (a) [general administration], each director who is presentand who represents a participating area for the service(a) is entitled to vote, and(b) subject to the establishing bylaw, has the number of votes assigned to that

director under section 783 (2).(5.) Without limiting subsection (4), voting on the following matters must be in accordance

with that subsection:(a) bylaws imposing fees or charges;(b) bylaws under section 806.1 (2) [parcel tax collection in electoral areas] providing

for the preparation of an assessment roll;(c) bylaws exercising a regulatory authority, other than bylaws referred to in

subsection (3) (b).(6.) On all resolutions and every reading and the adoption, amendment or repeal of all

bylaws referred to in subsection (7), each director who is present(a) is entitled to vote, and(b) has the number of votes assigned to that director under section 783 (2).

(7.) Voting on resolutions and bylaws on the following matters must be in accordance withsubsection (6):(a) authorizing persons to enter into contracts on behalf of the regional district;(b) authorizing the acquisition, expropriation or disposal of real property;(c) adopting the financial plan under section 815;(d) authorizing borrowing and liabilities under Division 5 [Financial Operations] of

this Part.(8.) On any question where the number of votes, including the vote of the person presiding,

are equal, the question is defeated.(9.) Each director who

(a) is present at the time of a vote, and(b) is entitled to vote on the matter,must vote on the matter and must cast all available votes for the same objective.

(10.) If a director who is entitled to vote does not indicate how he or she votes, the director isdeemed to have voted in the affirmative.

(11.) If, except for this subsection, only one director would be entitled to vote, each directorwho is present(a) is entitled to vote, and(b) has one vote.

(12.) In relation to an agreement under section 804.1 (2) [cost sharing for Part 26 services],(a) the director for the municipality is not entitled to vote on the resolution or bylaw

authorizing the regional district to enter into the agreement,(b) as soon as the agreement has been entered into, the director for that

municipality is not entitled to vote on any resolution or bylaw authorizing theregional district to enter into any other agreement under that section, and

(c) while the agreement is in force, the director for that municipality is not entitled tovote on any resolution or bylaw under Part 26 [Planning and Land UseManagement] except in accordance with the agreement.

(13.) In relation to a municipality that has given notice under section 804.1 (3) [withdrawalfrom participation in Part 26 services],(a) as soon as the notice has been given, the director for the municipality is not



entitled to vote on any resolution or bylaw authorizing the regional district toenter into an agreement under section 804.1 (2), and

(b) effective the year following the year in which the notice is given and continuinguntil the municipality again becomes a participant, the director for thatmunicipality is not entitled to vote on any resolution or bylaw under Part 26except, if applicable, in relation to participation under section 804.1 (6) or (7) [limited continued participation].

(14.) Subsections (2) to (7) do not apply to the Greater Vancouver Regional District.(15.) For the Greater Vancouver Regional District, on all resolutions and every reading and

the adoption, amendment or repeal of all bylaws, except as otherwise provided, eachdirector who is present and, if the resolution or bylaw is in respect of a service, whorepresents a participating area for that service,(a) is entitled to vote, and(b) subject to the establishing bylaw, has the number of votes assigned to that

person under section 783 (2).(16.) Except as provided in subsection (17), if a resolution or bylaw under Part 25 is in relation

to a regional growth strategy for an area that is less than the entire regional district, thedirectors who may vote are only those who represent a municipality or electoral area allor part of which is subject to the regional growth strategy.

(17.) The voting rule in subsection (16) does not apply to votes on(a) initiation of the regional growth strategy,(b) boundary changes for the area to which the regional growth strategy is to apply,(c) implementation agreements under section 868, or(d) acceptance of a regional growth strategy for an adjoining regional district.

RS1979-290-781; 1989-59-13; 1992-79-2; 1993-54-36; 1994-52-97; 1995-9-4; 1997-25-132; 1998-34-159; 1999-37-164; 2000-7-96 to 98;

2003-52-341.

Chair and vice chair of board792. (1.) At the first meeting held after December 1 in each year, the board must elect a chair and

a vice chair.(2.) The vice chair has, during the absence, illness or other disability of the chair, all the

powers of the chair and is subject to all rules applicable to the chair.(3.) If the chair and the vice chair are not present at a meeting of the board, the directors

present may elect an acting chair who, during that meeting, has all the powers of thechair and is subject to all rules applicable to the chair.

(4.) For the purposes of elections under this section, each director present at the meetinghas one vote in each election for an office.

(5.) Repealed. [2003-52-342](6.) Repealed. [2003-52-342]

RS1979-290-782; 1989-59-13; 1998-34-160; 1999-37-165; 2003-52-342.

Calling and conduct of meetings793. (1.) Repealed. [1999-37-166]

(2.) Repealed. [1999-37-166](3.) On the request of the chair or of any 2 directors, the corporate officer must call a special

meeting by notice that



(a) states the general purpose and the day, hour and place of the meeting, and(b) is mailed at least 5 days before the date of the meeting to each director at the

address given by the director to the corporate officer for that purpose.(4.) The notice of any special meeting referred to in subsection (3) may be waived by a

unanimous vote.(5.) In the case of an emergency, notice of a special meeting

(a) may be given, with the consent of the chair and 2 directors, less than 5 daysbefore the date of the meeting, and

(b) need not be given in writing.(6.) A meeting of the board may take place outside the boundaries of the regional district if

the board passes a resolution to that effect.(7.) The following provisions of the Community Charter apply to regional districts:

section 133 [expulsion from meetings];section 282 (2) (c) [regulations related to meeting rules].Division 3 of Part 4 [Open Meetings];

(8.) The minister may, by regulation applicable to one or more regional districts, makeprovision for obtaining and counting votes of the directors on urgent issues and adoptingresolutions and bylaws on those issues without the necessity of holding a board meeting.

(8.1) A board member participating in a vote under subsection (8) is deemed to be present ata board meeting and a resolution or bylaw adopted under subsection (8) deemed to havebeen adopted at a board meeting.

(9.) Regulations under subsection (8) may establish rules respecting(a) mechanisms for submitting urgent issues to the directors,(b) the manner in which votes will be submitted by them, and(c) the counting of votes and subsequent ratification by the board of the resolutions

and bylaws.RS1979-290-783; 1989-59-13; 1998-34-161; 1999-37-166; 2003-52-343.

Procedure, bylaws and enforcement794. (1.) A board must, by bylaw, do the following:

(a) establish the general procedures to be followed by the board and by boardcommittees in conducting their business, including the manner by whichresolutions may be passed and bylaws adopted;

(b) provide for advance public notice respecting the time, place and date of boardand board committee meetings and establish the procedures for giving thatnotice;

(c) identify places that are to be public notice posting places for the purposes of theapplication of section 94 [requirements for public notice] of the CommunityCharter to the regional district.

(2.) A procedure bylaw must not be amended unless notice of the proposed amendment ismailed to each director, at the address given by the director to the corporate officer forthat purpose, at least 5 days before the meeting at which the amendment is to beintroduced.

(3.) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a bylaw that does not require approval, consent or assent under thisor any other Act before it is adopted may be adopted at the same meeting at which itpasses third reading if the motion for adoption receives at least 2/3 of the votes cast.



(4.) Division 2 [Challenge of Bylaws] of Part 6 applies to regional districts.(5.) The following provisions of the Community Charter apply to regional districts:

section 134 [authority to compel witnesses];Division 3 [Bylaw Procedures] of Part 5;section 162 [certified copies of municipal records];section 163 [evidence of municipal bylaws and other records].section 122 [exercise of powers by bylaw or resolution];section 97 [other records to which public access must be provided];

2003-52-344.

Appointment of select and standing committees

795. (1.) A board may appoint a select committee to consider or inquire into any matter and reportits findings and opinion to the board.

(2.) The chair may establish standing committees for matters the chair considers would bebetter dealt with by committee and may appoint persons to those committees.

(3.) Subject to subsection (4), persons who are not directors may be appointed by the boardto a select committee or by the chair to a standing committee.

(4.) At least one member of each select and standing committee must be a director.2000-7-101.

Part 24: Division 4 – Services and Powers


General authority for services796. (1.) Subject to the specific limitations and conditions established by or under this or another

Act, a regional district may operate any service that the board considers necessary ordesirable for all or part of the regional district.

(2.) The authority under subsection (1) includes the authority to operate a service in an areaoutside the regional district as well as in the regional district itself.

(3.) A regional district service may be operated directly by the regional district or throughanother public authority, person or organization.

(4.) If a regional district has established works or facilities outside the regional district for thepurposes of a regional district service, the board may, by bylaw, regulate and prohibit theuse of the works and facilities.

(5.) If a board enters into a mutual aid agreement respecting the use of equipment andpersonnel, those uses may be undertaken inside or outside the service area.

2000-7-102; 2003-52-345.

Consent required for services outside regional district

796.1 (1.) Before establishing a service referred to in section 796 (2) [services outside regionaldistrict], the board must(a) obtain the consent of the other affected local government in accordance with



subsection (2), and(b) after receiving that consent, obtain the approval of the Lieutenant Governor in

Council.(2.) For the consent required by subsection (1) (a),

(a) if the area is in a municipality, the consent of the council of the municipality isrequired, and

(b) if the area is not in a municipality, the consent of the regional district board forthe area is required.

(3.) The Lieutenant Governor in Council may, in an approval referred to in subsection (1) (b),establish restrictions and conditions on the establishment and operation of a service in aparticipating area that is outside the regional district.

(4.) Subject to an approval under subsection (3), if a service referred to in subsection (1) isestablished,(a) the area outside the regional district must be identified as a separate

participating area for the service,(b) the provisions of this Part apply with respect to the participating area as if it were

located in the regional district, and(c) the powers, duties and functions of the regional district extend to the

participating area as if it were located in the regional district.2000-7-102.

Authorities in relation to services other than regulatory services

796.2 (1.) A bylaw in relation to a regional district service, other than a regulatory service, may(a) make different provisions for different areas, times, conditions or circumstances

as described by bylaw,(b) establish different classes of persons, places, activities, property or things, and(c) make different provisions, including exceptions, for different classes established

under paragraph (b).(2.) A board may, by bylaw, regulate and prohibit in relation to a regional district service other

than a regulatory service.(3.) Without limiting subsection (2), a bylaw under that subsection may provide for a system

of licences, permits or approvals in relation to a regional district service, including bydoing one or more of the following:(a) prohibiting any activity or thing until a licence, permit or approval has been

granted;(b) providing for the granting and refusal of licences, permits and approvals;(c) providing for the effective periods of licences, permits and approvals;(d) establishing

(i) terms and conditions of, or(ii) terms and conditions that must be met for obtaining, continuing to hold

or renewinga licence, permit or approval, or providing that such terms and conditions may beimposed, the nature of the terms and conditions and who may impose them;

(e) providing for the suspension or cancellation of licences, permits and approvalsfor(i) failure to comply with a term or condition of a licence, permit or approval,



or(ii) failure to comply with the bylaw;

(f) providing for reconsideration or appeals of decisions made with respect to thegranting, refusal, suspension or cancellation of licences, permits and approvals.

2003-52-346.

Regulation authority in relation to previous bylaws

796.3 (1.) This section applies to bylaws under this Part(a) that were in force on the date that section 803, as it then was, was repealed by

the Local Government Statutes Amendment Act, 2000, or(b) that had received first reading before that date and were adopted within one year

after that date.(2.) Subject to subsection (3), provisions in the bylaws that are the exercise of regulatory

authority do not apply within a municipality unless the bylaw expressly provides thisapplication.

(3.) If, at the time referred to in subsection (1), letters patent conferred exclusive jurisdictionon a board as referred to in section 803 (1) (b) before the repeal referred to in subsection(1) of this section, the authority of the regional district under section 803 (1) (b) continuesas if the section had not been repealed.

2000-7-102.



Specific regulatory and other powers797.1 (1.) If a board establishes any of the following services, the indicated provisions apply in

relation to the service:(a) in relation to building inspection, Division 2 [Regional District Building

Regulations] of Part 21;(b) in relation to animal control, Division 1 [Regulation of Animals] of Part 22;(c) in relation to the control of the deposit and removal of soil and the control of the

deposit of other materials, section 723;(d) in relation to the control of pollution, nuisances, pests, noxious weeds, noise,

unsightly premises, unwholesome or noxious materials, odours anddisturbances, sections 724 [noise control], 725 [nuisances and disturbances] and728 [fireworks];

(e) in relation to the regulation of fire alarm systems and security alarm systems,section 726;

(f) in relation to the numbering of buildings, section 728.1 [house numbering].(2.) Repealed. [2004-35-88](3.) Despite section 182 [prohibition against providing assistance to business], a regional

district may operate the service of



(a) providing capital financing for services provided by a telephone, natural gas orelectric power utility, or

(b) the giving of grants to an applicant for a business promotion scheme undersection 215 [business improvement areas] of the Community Charter in relationto a mountain resort.

(4.) A board may, by bylaw, establish the service of the regulation, storage and managementof municipal solid waste and recyclable material, including the regulation of facilities andcommercial vehicles used in relation to these matters.

(5.) If a board adopts a bylaw under subsection (4), the board has and must exercise itsauthority in accordance with the Environmental Management Act and regulations underthat Act.

(6.) Any bylaw under section 4 (1) (b) [powers of regional park district] of the Park (Regional)Act that is in effect on the date of repeal of that Act is deemed to be a bylaw of theregional district in which the regional park or regional trail is located.

2000-7-102; 2000-26-29; 2003-7-38; 2003-90-7; 2003-52-348; 2004-35-88; 2003-53-160.


Referendums regarding services797.3 (1.) A board may, by bylaw, provide for a referendum in the whole or a part of one or more

municipalities or electoral areas to obtain the opinion of the electors on a questionregarding a service that is or that may be operated by the regional district.

(2.) Section 801.2 [approval of the electors by voting] applies to a referendum under thissection as if the areas in which the referendum is to be conducted were proposedparticipating areas.

2000-7-102.

Petition for electoral area services797.4 (1.) The owners of parcels in an electoral area may sign and submit to the regional district a

petition for a service in all or part of that electoral area.(2.) Each page of a petition referred to in subsection (1) must do the following:

(a) describe in general terms the service that is proposed;(b) define the boundaries of the proposed service area;(c) indicate in general terms the proposed method for recovering annual costs;(d) contain other information that the board may require.

(3.) In order for a petition to be certified as sufficient and valid for the purposes of thissection, the petition(a) must be signed by the owners of at least 50% of the parcels liable to be charged

for the proposed service, and(b) the persons signing must be the owners of parcels that in total represent 50% of

the net taxable value of all land and improvements within the proposed servicearea.

(4.) Section 212 (4) to (6) [rules in relation to petition for local area service] of the CommunityCharter applies to a petition under this section.

2003-52-350.



Approval of the electors797.5 (1.) If approval of the electors is required by or under this Act or the Community Charter in

relation to a proposed regional district bylaw, agreement or other matter, that approvalmay be obtained either by(a) assent of the electors, or(b) approval of the electors by alternative elector approval process.

(2.) Division 2 [Approval of the Electors] of Part 4 and section 282 (2) (d) [regulations inrelation to form and content of forms] of the Community Charter apply for the purposes ofthis section.

2003-52-351.

Incidental powers798. A board has all necessary power to do anything incidental or conducive to the exercise

or performance of any power, duty or function conferred on a board or regional district bythis or any other enactment.

2003-52-352.

Emergency powers798.1 If the powers conferred on a board are inadequate to deal with an emergency that is not

an emergency within the meaning of the Emergency Program Act, the board may, bybylaw adopted by at least 2/3 of the votes cast, declare that an emergency exists andexercise powers necessary to deal effectively with the emergency.

2000-7-102.

Additional powers and exceptions799. (1.) Despite any other Act, the Lieutenant Governor in Council may, by regulation, do one or

more of the following in relation to a specified regional district or a described class ofregional districts:(a) provide a power, including a power to regulate, prohibit and impose

requirements;(b) provide that a power conferred under paragraph (a) may be exercised only as a

regulatory service;(c) provide an exception to or a modification of a requirement or condition

established by an enactment;(d) establish any terms and conditions the Lieutenant Governor in Council considers

appropriate regarding a power, modification or exception under this section;(e) authorize a minister to establish any terms and conditions the minister considers

appropriate regarding a power, modification or exception under this section.(2.) As restrictions, a regulation under this section may not do any of the following:

(a) override an absolute prohibition contained in an enactment;(b) confer an authority to impose a new tax;(c) confer an authority to grant a new tax exemption;(d) eliminate a requirement for obtaining the assent of the electors, unless that

requirement is modified by replacing it with a requirement for obtaining approvalof the electors by alternative approval process.

2003-52-353.



Continuation of regional parks and trails799.1 (1.) The repeal of the Park (Regional) Act does not alter or cancel an interest in, a right to, or

the park status of, regional parks and regional trails set aside and dedicated under thatAct.

(2.) If, at the time of repeal of the Park (Regional) Act, a regional district provides a regionalpark or regional trail as a service under letters patent that refer to the Regional Parks Act, S.B.C. 1965, c. 43,(a) the regional district may continue to provide this service in accordance with this

Act as if the service were provided under the authority of an establishing bylawfor a service, and

(b) section 774.2 (3) to (6) [continuation of regional district services] applies as if theservice were a continued service under that section.

2003-90-8.

Part 24: Division 4.1 – Establishing Bylaws


Establishing bylaws required for most services

800. (1.) In order to operate a service, the board must first adopt an establishing bylaw for theservice in accordance with this Division.

(2.) As an exception, a bylaw under this section is not required to establish the following:(a) general administration, other than electoral area administration;(b) electoral area administration;(c) undertaking feasibility studies in relation to proposed services;(d) a service under section 4 (1) of the Hospital District Act;(e) undertaking a referendum under section 797.3 [referendums regarding services];(f) a service for which authority is expressly provided by another Part of this Act,

other than a regulatory service;(g) a local community commission under section 838;(h) the giving of grants to an applicant for a business promotion scheme under

section 215 [business improvement areas] of the Community Charter in relationto a mountain resort;

(i) if the regional district board is authorized to appoint an approving officer undersection 77.1 of the Land Title Act, services related to the approving officer.

2000-7-102; 2003-52-354.

Required content for establishing bylaws

800.1 (1.) An establishing bylaw for a service must do the following:(a) describe the service;(b) define the boundaries of the service area;(c) identify all municipalities and electoral areas that include participating areas for

the service;



(d) indicate the method of cost recovery for the service, in accordance with section803 [options for cost recovery];

(e) set the maximum amount that may be requisitioned for the service, by(i) specifying a maximum amount,(ii) specifying a property value tax rate that, when applied to the net taxable

value of land and improvements in the service area, will yield themaximum amount, or

(iii) specifying both a maximum amount and a property value tax rate asreferred to in subparagraphs (i) and (ii), in which case the maximumamount is whichever is greater at the applicable time.

(2.) As an exception, the requirement of subsection (1) (e) does not apply to an establishingbylaw for the following:(a) a regulatory service;(b) coordination, research and analytical services relating to the development of the

regional district;(c) social planning services;(d) the promotion of economic development;(e) programs in preparation for emergencies;(f) emergency communication systems;(g) regional parks and regional trails;(h) services related to heritage conservation;(i) participation in a regional library district under Part 3 of the Library Act.(j) a service referred to in section 800 (2) (a) to (d) [general administration, electoral

area administration, feasibility studies and regional hospital district services].(3.) If an establishing bylaw covers more than one service, it must separately indicate the

matters under subsection (1) for each service.(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 allelectoral areas in the regional district as participating areas for the service, and theservice area is the entire regional district.

2000-7-102; 2003-90-9; 2004-34-11.

Special options for establishing bylaws

800.2 (1.) An establishing bylaw for a service may do one or more of the following:(a) set out the method of apportionment of costs among the participating areas, if

this is to be different from the method established by section 804 (2) (a) [generalapportionment rule];

(b) in relation to resolutions and bylaws respecting the administration and operationof the service, establish the method for determining the number of votes to whicha director is entitled if this is to be different from that otherwise established undersection 791 (4) (b) [number of votes per director in respect of administration andoperation of services];

(c) if the administration and operation of the service is to be delegated to a bodyestablished by the board, provide for appointments to the body and establishvoting rules for the body in relation to the service;

(c.1) provide a time period for the purposes of section 813.04 (1) (a) [minimum



participation time before service review can be initiated] that is less than theperiod established by that provision;

(c.2) provide an alternative review process that is different than the service reviewprocess established by Division 4.5 [Dispute Resolution in Relation to Services];

(d) establish terms and conditions for withdrawal from the service;(e) include any other provisions respecting the establishment and operation of the

service that the board considers appropriate.(2.) As a limit on subsection (1) (b), each director for a participating area must be entitled to

at least one vote.(3.) If a proposed establishing bylaw includes provisions referred to in subsection (1) (d),

each participant must consent to the provisions before the bylaw is submitted forparticipating area approval under section 801.

(4.) Repealed. [2004-34-12]2000-7-102, 103; 2003-52-355; 2004-34-12.


Approval of establishing bylaws801. (1.) An establishing bylaw has no effect unless, before its adoption, it receives

(a) the approval of the inspector, and(b) participating area approval in accordance with this section.

(2.) Participating area approval under this section may be obtained as follows:(a) in any case, by assent of the electors in accordance with section 801.2 [approval

by voting];(b) if permitted under section 801.3 (1) [approval by alternative approval process],

approval given in accordance with that section;(c) if permitted under section 801.4 [consent on behalf of municipal participating

area] for a proposed municipal participating area, consent given in accordancewith that section;

(d) if permitted under section 801.5 (1) [consent on behalf of electoral area electors]for a proposed electoral participating area, consent given in accordance with thatsection.

(3.) Unless authorized under subsection (4), participating area approval must be obtainedseparately for each participating area in the proposed service area.

(4.) If approval is to be obtained under subsection (2) (a) or (b), the board may, by resolutionadopted by at least 2/3 of the votes cast, provide that the participating area approval is tobe obtained for the entire proposed service area.

(5.) As an exception, subsections (1) to (4) do not apply to an establishing bylaw for aservice referred to in section 800 (2) (a), (b) or (d) [services for which establishing bylawnot required -- general administration, electoral area administration and regional hospitaldistrict services] and, instead, section 802 applies to the bylaw as if it were a bylawamending an establishing bylaw.

2003-52-356; 2004-34-13.

Responsibility for obtaining approval801.1 (1.) If participating area approval is to be obtained for the entire service area,



(a) the board may choose the method,(b) in the case of approval by alternative approval process, the board is responsible

for obtaining the approval, and(c) in the case of approval by assent of the electors, at the option of the board,

(i) the board is responsible for conducting the voting throughout theproposed service area, or

(ii) the board and councils are responsible for conducting the voting in thesame manner as under subsection (2), with the results of the voting inthese areas added together.

(2.) If participating area approval is to be obtained separately for each participating area,(a) subject to subsection (3), for a municipal participating area, the council may

choose the method and is responsible for obtaining the approval, and(b) for an electoral participating area, the board may choose the method and is

responsible for obtaining the approval.(3.) If, within 30 days after third reading of the establishing bylaw, a council

(a) has notified the regional district that it is refusing to seek participating areaapproval, or

(b) fails to give any notice to the regional district with respect to how participatingarea approval is to be obtained,

the board may adopt a resolution under section 801 (4) [approval of establishing bylaws -entire area] to have participating area approval obtained for the entire service area.

(4.) Despite section 40 (1) [costs of elections], if a council is authorized to give consent onbehalf of the electors in accordance with section 801.4 [consent on behalf of municipalparticipating area] but does not exercise this authority, the municipality is responsible forthe costs of obtaining the participating area approval.

2003-52-356.

Approval by assent of the electors801.2 (1.) Participating area approval through assent of the electors under Part 4 [Other Voting] is

obtained if,(a) in the case of approval under section 801 (3) [each participating area separately]

, for each proposed participating area, a majority of the votes counted as valid isin favour of the bylaw, or

(b) in the case of approval under section 801 (4) [entire service area], a majority ofvotes counted as valid is in favour of the bylaw.

(2.) In the case of approval under section 801 (4) [entire service area], for the purposes ofdetermining who is entitled to vote under section 161, the voting area is deemed to be allthe proposed participating areas.

2003-52-356.

Approval by alternative approval process801.3 (1.) Participating area approval may be obtained by alternative approval process if

(a) the maximum amount that may be requisitioned for the service is the amountequivalent to 50¢ for each $1 000 of net taxable value of land and improvementsincluded in the service area, or

(b) the bylaw relates to a service for(i) the collection, conveyance, treatment or disposal of sewage,



(ii) the supply, treatment, conveyance, storage or distribution of water, or(iii) the collection, removal or disposal of solid waste or recyclable material.

(2.) In addition to the information required by section 86 (2) of the Community Charter, thenotice of an alternative approval process under this section must(a) include a copy of the bylaw, or(b) include a synopsis of the bylaw that

(i) describes in general terms, the intent of the bylaw,(ii) describes the proposed service area, and(iii) indicates the date, time and place for public inspection of copies of the

bylaw.2003-52-356.

Consent on behalf of municipal participating area801.4 If a proposed participating area is all of a municipality, the council may give participating

area approval by(a) consenting on behalf of the electors to adoption of the proposed bylaw, and(b) notifying the board of its consent.

2003-52-356.

Consent on behalf of electoral participating area electors

801.5 (1.) For a proposed electoral participating area, the board may authorize participating areaapproval to be given under this section(a) if the board receives a sufficient petition under section 797.4 [petition for

electoral area services], or(b) in the case of an establishing bylaw for a service referred to in section 800.1 (2)

[no requisition limit required], if(i) the participating area includes all of the electoral area, and(ii) the service can be established without borrowing.

(2.) Participating area approval under this section may be given by the electoral area directorconsenting in writing to adoption of the bylaw.

(3.) If a director refuses to give consent under subsection (2), the board may, by a resolutionadopted by at least 2/3 of the votes cast, dispense with the consent of the electoral areadirector and give participating area approval by consenting to adoption of the bylaw onbehalf of the electors in the proposed participating area.

(4.) If a board consents under subsection (3), the director for the participating area may,within 14 days after the resolution, appeal to the minister for a review, and the ministermay, after that review, order(a) that the consent of the board under subsection (3) stands,(b) that participating area approval must be obtained under section 801.2 [approval

by assent of the electors], or(c) that participating area approval must be obtained under section 801.3 [approval

by alternative approval process].2003-52-356.

Other procedural rules801.6 (1.) If a board proposes to borrow money for the start of a service, the establishing bylaw and



the loan authorization bylaw must, for the purposes of obtaining participating areaapproval, be dealt with as if they were one bylaw.

(2.) The regional district corporate officer must file with the inspector a copy of eachestablishing bylaw after it has been adopted.

2003-52-356.

Amendment or repeal of establishing bylaws802. (1.) Subject to an order under subsection (4) or (5), an establishing bylaw may be amended

or repealed, at the option of the board,(a) in accordance with the requirements applicable to the adoption of the bylaw that

it amends or repeals, or(b) with the consent of at least 2/3 of the participants.

(2.) Sections 801.4 [consent on behalf of municipal participating area] and 801.5 (2) to (4) [consent on behalf of electoral area electors] apply to consent under subsection (1) (b) ofthis section.

(3.) A bylaw amending or repealing an establishing bylaw has no effect unless it is approvedby the inspector.

(4.) The minister may order that a bylaw amending or repealing an establishing bylaw mayonly be adopted in accordance with the requirements applicable to the adoption of thebylaw that it repeals or amends.

(5.) In addition to the requirement under subsection (1) or (4), as applicable, the minister mayorder that, before the bylaw is adopted, it must receive the approval of the electors(a) in one or more specified participating areas, or in specified parts of one or more

participating areas, or(b) in the entire service area,obtained in accordance with section 801.2 [approval by voting] or 801.3 [approval bycounter petition], as specified by the minister.

(6.) Section 137 (2) [minister may waive requirement for elector assent or approval] of the Community Charter does not apply to a bylaw amending or repealing an establishingbylaw.

(7.) The regional district corporate officer must file with the inspector a bylaw amending orrepealing an establishing bylaw after it has been adopted.

2000-7-102; 2003-52-357.

Changes to participating and service areas802.1 (1.) A bylaw amending an establishing bylaw may provide for changes to the boundaries of a

service area, including merging 2 or more service areas.(2.) If a bylaw amending an establishing bylaw extends an existing service to a new

participating area, the proposed participating area must be included as a participatingarea and the participant for the proposed participating area must be included as aparticipant for the purposes of section 802.

2000-7-102.

Amending bylaws that are needed for authority to borrow

802.2 (1.) Subject to subsection (2), if(a) a bylaw amending an establishing bylaw, or



(b) a conversion bylaw under section 774.2 (3)is required in order to borrow money for a service, the amending or conversion bylawand the loan authorization bylaw may, for the purposes of obtaining participating areaapproval under sections 801 to 801.5, be dealt with as if they were one bylaw.

(2.) The minister may order that participating area approval of an amending or conversionbylaw referred to in subsection (1) must be obtained separately from the approval of theloan authorization bylaw.

2003-52-358.

Special provisions respecting service withdrawal

802.3 (1.) If a bylaw adds, repeals or amends provisions of an establishing bylaw referred to insection 800.2 (1) (d) [terms and conditions for withdrawal], each participant must consentto the changes before the bylaw is submitted for approval in accordance with therequirements of section 802.

(2.) If a bylaw repealing an establishing bylaw is submitted to the inspector for approval andthe inspector is not satisfied that all participants in a service have reached agreementrespecting the termination of a service, the inspector must refer the matter to theminister, who must(a) direct the participants and the board to undertake negotiations on the matters

related to terminating the service, or(b) if the minister is satisfied that agreement under paragraph (a) is unlikely, direct

that the parties proceed to mediation or arbitration.(3.) The minister may specify the length of time that negotiations under subsection (2) (a)

must continue and may extend this time period before or after it has expired.(4.) The participants and board must conduct negotiations under subsection (2) (a) in good

faith, making reasonable efforts to reach an agreement that will permit resolution of thematters.

(5.) If the parties have not reached agreement by the end of the time period for negotiationsunder subsection (2) (a), the minister must direct that the parties proceed to mediation orarbitration.

(6.) For the purposes of subsections (2) (b) and (5), subject to any regulations undersubsection (7),(a) sections 813.09 to 813.19 [service withdrawal] apply as if this were a service

withdrawal under Division 4.5 [Dispute Resolution in Relation to Services] of thisPart, and

(b) section 813.03 [costs of process] applies as if this were a service review processunder that Division.

(7.) The minister may make regulations respecting mediation and arbitration under thissection, including regulations providing exceptions to or modifications of a provisionreferred to in subsection (6) or a regulation under section 813.19.

2000-7-102, 104.

Part 24: Division 4.2 – Cost Recovery for Services

Options for cost recovery



803. (1.) A regional district may recover the costs of its services by one or more of the following:(a) property value taxes imposed in accordance with Division 4.3 [Requisition and

Tax Collection];(b) subject to subsection (2), parcel taxes imposed in accordance with Division 4.3

[Requisition and Tax Collection];(c) fees and charges imposed under section 363 [imposition of fees and charges];(d) revenues raised by other means authorized under this or another Act;(e) revenues received by way of agreement, enterprise, gift, grant or otherwise.

(2.) Parcel taxes may not be used to recover all or part of the costs of a regulatory service.(3.) In the case of a service for which an establishing bylaw is required, if all or part of the

costs are to be recovered by one or more of the methods referred to in subsection (1) (a)to (c), the establishing bylaw must indicate which methods are to be used.

2000-7-102; 2003-52-359.

Costs of services803.1 (1.) All costs incurred by a regional district in relation to a service, including costs of

administration attributable to the service, are part of the costs of that service.(2.) Subject to subsection (3), the amount required by a board

(a) for a payment authorized under section 287.2 [indemnification againstproceedings],

(b) to satisfy a judgment or other order of a court against the regional district, or(c) to satisfy an award or other order of an arbitrator against the regional districtis deemed to be costs of the service out of which the action arose.

(3.) If the legal action or other proceeding arose from the negligence of the board, theamount is deemed to be costs of the general administration service referred to in section800 (2) (a).

(4.) If a regional district undertakes a service after conducting a feasibility study in respect ofthe service, the costs of that study are deemed to be costs of that service.

(5.) If a referendum under section 797.3 [referendums regarding services] is limited to all orpart of the service area for an existing service, the costs of the referendum are deemedto be costs of the service.

(6.) For the purposes of apportionment under this Division and requisition under Division 4.3 [Requisition and Tax Collection], the costs of providing a service are deemed to be thecosts that are to be recovered by means of property value taxes or parcel taxes.

2000-7-102.

Apportionment of costs804. (1.) If the establishing bylaw sets the method for apportioning the costs of providing a

service, those costs must be apportioned among the participating areas in accordancewith the bylaw.

(2.) If the method of apportionment is not set by establishing bylaw, the costs of providing aservice must be apportioned on the basis of the converted value of land andimprovements in the service area as follows:(a) if there is an establishing bylaw but it does not set out the method of

apportionment, among the participating areas for the service;(b) if there is no establishing bylaw and the method of apportionment is not

otherwise set by or under this or another Act, among all the municipalities and



electoral areas, with the service area deemed to be the entire regional district;(c) in the case of electoral area administration,

(i) subject to subparagraph (ii), among all the electoral areas, with theservice area deemed to be all the electoral areas, and

(ii) if the board provides that some or all of the costs are to be apportionedamong the electoral areas that the board considers benefit from theadministration, those costs must be apportioned among those electoralareas, with the service area deemed to be all those electoral areas;

(d) in the case of feasibility studies in relation to proposed services, if no service isestablished and the board provides that the costs are to be apportioned amongthe electoral areas, among all the electoral areas, with the service area deemedto be all those electoral areas;

(e) in the case of services related to an approving officer, if the board is authorizedto appoint the approving officer under section 77.1 of the Land Title Act, amongall the electoral areas, with the service area deemed to be all those electoralareas;

(f) in the case of a service that is in relation to a regional growth strategy for anarea that is less than the entire regional district, among the areas for which theregional growth strategy is initiated or adopted, with the service area being allthose areas;

(g) in the case of assistance under section 176 (1) (c) [corporate powers –assistance], other than assistance under a partnering agreement referred to insection 183, at the option of the board,(i) in accordance with paragraph (b), or(ii) among the municipalities or electoral areas benefiting from the

assistance, with the service area deemed to be all those areas;(h) in the case of a referendum under section 797.3 [referendums regarding

services] that is not limited to all or part of the service area for an existingservice, among the municipalities and electoral areas in which the referendum isheld, with the service area deemed to be all those areas;

(i) in the case of a local community commission under section 838, entirely from thelocal community, with the service area deemed to be that local community;

(j) in the case of a business improvement area under section 215 [businessimprovements areas] of the Community Charter in relation to a mountain resort,entirely from that area, with the service area deemed to be the businessimprovement area;

(k) in the case of services under Part 26, in accordance with section 804.1 [costsharing for Part 26 services].

2000-7-102; 2003-52-360.

Cost sharing for Part 26 services804.1 (1.) The costs of services under Part 26 [Planning and Land Use Management] must be

apportioned on the basis of the converted value of land and improvements in the servicearea as follows:(a) if no municipality has entered into an agreement under subsection (2) or opted

out under subsection (3), among all the municipalities and electoral areas, withthe service area deemed to be the entire regional district;



(b) subject to paragraphs (c) and (d), if one or more municipalities have opted outunder subsection (3) and are no longer participants, among the electoral areasand any municipalities that have not opted out, with the service area deemed tobe those areas;

(c) if one or more municipalities have entered into an agreement under subsection(2) to share only some of the costs, those costs are to be recovered inaccordance with the agreements and the remaining costs are to be apportionedamong the other participants;

(d) if a municipality is liable for costs under subsection (6) or (7), those costs are tobe recovered from the municipality and the remaining costs are to beapportioned among the other participants.

(2.) The board and a municipality may enter into an agreement that the municipality is toshare in some but not all of the costs of services under Part 26, to the extent set out inthe agreement and in accordance with the terms and conditions for the municipality’sparticipation established by the agreement.

(3.) Subject to subsection (4), a municipality may opt out of participation in services underPart 26 by giving notice to the board, before August 31 in any year, that until furthernotice it will no longer share the costs of services under Part 26.

(4.) A municipality that is a party to an agreement under subsection (2) may give noticeunder subsection (3) only in the last year of the term of the agreement.

(5.) After notice is given under subsection (3), the municipality ceases to be a participant inthe services, effective at the start of the following year.

(6.) As an exception to subsection (5), if a municipality that is not a party to an agreementunder subsection (2) gives notice under subsection (3) after a board has passed aresolution authorizing the preparation of an official community plan or bylaw under Part26, the municipality continues as a participant and must share the costs in thatpreparation until the earlier of the following:(a) the date the plan or bylaw is adopted;(b) 2 years after the date the resolution is passed.

(7.) Subsection (6) also applies to a municipality that is a party to an agreement undersubsection (2) if the official community plan or bylaw is in relation to the Part 26 servicesfor which the municipality shares costs under the agreement.

2000-7-102.

Valuation information and apportionment adjustments

804.2 (1.) As soon as practicable after the relevant information is available, the assessmentcommissioner must provide to the designated regional district officer and to the inspector(a) the net taxable value of land and improvements, and(b) the converted value of land and improvementsin each municipality, electoral area and participating area.

(2.) If adjustments are made under the Assessment Act to the values referred to insubsection (1), the assessment commissioner must provide particulars to the designatedregional district officer and to the inspector.

(3.) If, in respect of a year,(a) adjustments referred to in subsection (2) are made, and(b) the share of the cost of all the services of the regional district that was



apportioned to and borne by a municipality or an electoral area in that yearwould, had those adjustments been taken into account, have increased ordecreased by more than $1 000,

the share of the cost apportioned to and borne by the municipalities and electoral areasmust be adjusted in a manner directed by the minister in the next requisition after theadjustment.

2000-7-102.

Tax base for property value taxes804.3 (1.) In the case of a participating area for a service for which no establishing bylaw is

required, property value taxes must be imposed on the basis of the net taxable value ofland and improvements in the participating area.

(2.) In the case of a municipal participating area for a service for which an establishing bylawis required, the establishing bylaw may provide that property value taxes must beimposed on the basis of one or more of the following:(a) the assessed value of land and improvements in the participating area, other

than land and improvements exempt from taxation for municipal purposes;(b) the assessed value of land in the participating area, other than land exempt from

taxation for municipal purposes;(c) the assessed value of improvements in the participating area, other than

improvements exempt from taxation for municipal purposes;(d) the net taxable value of land and improvements in the participating area;(e) the net taxable value of land in the participating area;(f) the net taxable value of improvements in the participating area.

(3.) As an exception to subsection (2), for a municipal participating area that is all or part ofthe City of Vancouver, property value taxes may be imposed on the basis set out in theestablishing bylaw for the service.

(4.) If a board fails to exercise its authority under subsection (2) or (3), property value taxesmust be imposed on the basis of the assessed value of land and improvements in theparticipating area, other than land and improvements exempt from taxation for municipalpurposes.

(5.) In the case of an electoral participating area for a service for which an establishing bylawis required, the establishing bylaw may provide that property value taxes must beimposed on the basis of one or more of the following:(a) the net taxable value of land and improvements in the participating area;(b) the net taxable value of land in the participating area;(c) the net taxable value of improvements in the participating area.

(6.) If a board fails to exercise its authority under subsection (5), property value taxes mustbe imposed on the basis of the net taxable value of land and improvements in theparticipating area.

2000-7-102.

Part 24: Division 4.3 – Requisition and Tax Collection

Requisition of funds from municipalities



805. (1.) On or before April 10 in each year, the designated regional district officer must send toeach municipality a requisition in respect of each service stating the amount requiredfrom the municipality for the service during the year.

(2.) An amount requisitioned under this section is a debt due by the municipality to theregional district, and the council must pay it to the board on or before August 1 of thecurrent year.

2000-7-102.

Collection in municipalities805.1 (1.) If a requisition is delivered to a municipality, the amount requisitioned must be collected

by the municipality as follows:(a) in the case of an amount to be recovered by means of a property value tax, by

imposing the tax in accordance with Division 3 [Property Value Taxes] of Part 7of the Community Charter using the tax base authorized under section 804.3 [taxbase for property value taxes] of this Act;

(b) in the case of an amount to be recovered by means of a parcel tax, by imposingthe tax in accordance with Division 4 [Parcel Taxes] of Part 7 of the CommunityCharter.

(2.) Part 7 [Municipal Revenue] of the Community Charter applies for the purposes oftaxation under this section.

(3.) If a participating area is only part of a municipality, taxes under this section in respect ofthe service may only be imposed in the municipal participating area for the service.

2000-7-102; 2003-52-361.

Requisition of funds for electoral areas

806. (1.) On or before April 10 in each year, the designated regional district officer must send tothe inspector a requisition in respect of each service stating the amount required duringthe year in respect of each electoral participating area.

(2.) The inspector(a) must consider whether the amounts requisitioned are included in the financial

plan for that year,(b) if satisfied that an amount has not been included in the financial plan, or has

been included for a purpose not within the powers of the board, may deduct thatamount from the appropriate requisition, and

(c) must send the examined requisitions to the Minister of Finance.(3.) The amounts requisitioned under this section may be paid by the Minister of Finance

from the consolidated revenue fund.2000-7-102, 105; 2003-54-27.

Collection in electoral areas806.1 (1.) If a requisition is delivered to the Minister of Finance, the amount requisitioned must be

collected by the Provincial government as follows:(a) in the case of an amount to be recovered by means of a property value tax, by

imposing the tax within the electoral participating areas in accordance with the Taxation (Rural Area) Act, having due regard to the tax base authorized undersection 804.3 [tax base for property value taxes];



(b) in the case of an amount to be recovered by means of a parcel tax, by imposingthe tax on the appropriate parcels within the electoral participating areas, on thebasis of the assessment roll under subsection (2).

(2.) If a parcel tax is to be imposed under this section,(a) (a) the board must, by bylaw, provide for the preparation of a parcel tax roll for

the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 ofthe Community Charter applies,

(b) the authenticated parcel tax roll for the tax must be forwarded to the Surveyor ofTaxes before February 28 in each year, and

(c) the authenticated parcel tax roll is to be used as the basis for the tax, subject toany deletions required to reflect deletions from the supplementary roll usedunder the Taxation (Rural Area) Act.

(3.) Repealed. [2003-3-19](4.) An amount to be recovered under this section must be imposed by the Provincial

government as if it were a tax under the Taxation (Rural Area) Act, and the provisions ofthat Act respecting assessment, levy, collection and recovery of taxes and the addition ofpenalty and interest on unpaid taxes apply to taxes imposed under this section.

2000-7-102; 2003-3-19; 2003-52-362; 2003-54-27.

Amounts to be paid over to regional district

807. (1.) On or before February 1 in each year, the amount received by a municipality, or by theSurveyor of Taxes for an electoral area, by way of a grant in place of taxes for regionaldistrict purposes within the regional district under the Payments in Lieu of Taxes Act(Canada) in the immediately preceding year must be paid to the board.

(2.) The amount received by a municipality by way of a grant in place of taxes for regionaldistrict purposes within the regional district under the Municipal Aid Act or from a Crowncorporation or agency must be paid to the board promptly after receipt.

(3.) An amount paid under subsection (1) or (2) must be applied proportionately to theaccounts for the services in respect of which the grant is paid.

2000-7-102; 2003-52-363.

Part 24: Division 4.4 – Tax Rates and Exemptions

Variable tax rate system808. (1.) In this section, “variable tax rate system” means a system under this section by which

individual tax rates for a specific taxation year are determined and imposed for eachproperty class to which the system applies.

(2.) Despite section 806.1 [collection in electoral areas] but subject to the regulations underthis section, a board may, by bylaw, establish an annual variable tax rate system for aspecified taxation year.

(3.) A variable tax rate system(a) may only apply to tax rates for one or more of regional district services,(b) may only vary tax rates for property classes 2, 4 and 5, and(c) must not result in the ratios between the tax rate for a property class referred to

in paragraph (b) and the tax rate for property class 1 exceeding either



(i) the applicable ratio prescribed under subsection (6), if any, or(ii) the applicable ratio under section 20 (2) of the Taxation (Rural Area) Act.

(4.) For each service subject to a variable tax rate system, the bylaw must set out the ratiobetween the tax rate for each property class subject to the system and the tax rate forproperty class 1.

(5.) A bylaw under subsection (2) must be approved by the inspector and, for this purpose,must be submitted to the inspector by January 31 in the taxation year for which it is toapply.

(6.) Subject to subsection (8), the Lieutenant Governor in Council may make regulationsrespecting variable tax rate systems, including regulations doing one or more of thefollowing:(a) prescribing limits on tax rates;(b) prescribing ratios between the tax rate for a property class and the tax rate for

property class 1;(c) prescribing formulas for calculating the limits or ratios referred to in paragraph

(a) or (b).(7.) Regulations under subsection (6) may prescribe different tax limits, ratios or formulas in

relation to one or more of the following:(a) different property classes;(b) different regional districts;(c) different services;(d) different service areas;(e) different types of participating areas.

(8.) A regulation under subsection (6) may not prescribe a ratio for the purposes ofsubsection (3) (c) that would exceed the applicable ratio established under section 20 (2)of the Taxation (Rural Area) Act.

2000-7-102.

Property tax exemptions809. (1.) Land and improvements owned or held by a regional district within the boundaries of the

regional district are exempt from taxation when used for its own purposes, but otherwiseare subject to taxation, as applicable,(a) under section 229 [taxation of municipal land used by others] of the Community

Charter as if the property were owned by a municipality, or(b) under section 18 (4) of the Taxation (Rural Area) Act as if the property belonged

to the Crown.(2.) Despite subsection (1), the owner of land or improvements, or both, leased or rented to

the regional district is liable for the payment of taxes that would otherwise be imposedwith respect to that property under any Act.

(3.) On or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 ofthe votes cast, exempt the property described in subsection (4) from taxation under thisPart for(a) the next calendar year, or(b) with the assent of the electors, a specified period not longer than 10 years.

(4.) The following property that is in an electoral area may be exempted from taxation undersubsection (3):(a) land or improvements, or both, owned or held by, or held in trust by the owner



for, an athletic or service organization and used principally for public athletic orrecreation purposes;

(b) land or improvements, or both, used or occupied by a church as tenant orlicensee for the purpose of public worship or for the purposes of a church hallthat the board considers necessary to the church;

(c) an interest held by a non-profit organization in school buildings that theorganization uses or occupies as tenant or licensee of a board of schooltrustees;

(d) land that is owned and used exclusively by an agricultural or horticultural societyand that is in excess of the area exemption under section 15 (1) (j) of the Taxation (Rural Area) Act;

(e) an interest held by a francophone education authority in school buildings that thefrancophone education authority uses or occupies as licensee of a board ofschool trustees;

(f) an interest held by a non-profit organization in school buildings that theorganization uses or occupies as tenant or licensee of a francophone educationauthority;

(g) land or improvements that(i) are owned or held by a municipality, regional district or other local

authority, and(ii) the council considers are used for a purpose of the local authority.

(5.) An exemption under subsection (3) may be limited to a specified portion of the nettaxable value of the property to which the exemption applies.

(6.) If, because of a change in the use or ownership of property exempted from taxation bybylaw under subsection (3), the property no longer meets the requirements forexemption established by subsection (4), the bylaw ceases to apply to that property andthe property is liable to taxation effective from the time of the change.

(7.) Assent of the electors as required by subsection (3) (b) is obtained if, by votingconducted throughout the regional district, a majority of the votes counted as valid in allvoting on the bylaw is in favour of the bylaw.

(8.) Part 4 applies to voting for the purposes of subsection (7), with voting to be conductedeither, at the option of the board,(a) by the board throughout the regional district, or(b) by the council of each municipality and by the board for that part of the regional

district that is not in a municipality, with the results of voting in these areastotalled to determine whether assent has been obtained.

2000-7-102; 2003-52-364; 2002-48-47.

Exemptions for heritage properties810. (1.) In this section and section 810.1, “eligible heritage property” means property in an

electoral area that is(a) protected heritage property,(b) subject to a heritage revitalization agreement under section 966, or(c) subject to a covenant under section 219 of the Land Title Act that relates to the

conservation of heritage property.(2.) Despite section 182 [prohibition against assistance to business] but subject to subsection

(3) of this section, for the purposes of supporting the conservation of an eligible heritage



property, on or before October 31 in any year, a board may, by bylaw adopted by at least2/3 of the votes cast, do one or more of the following:(a) exempt from taxation under this Part all or part of

(i) the eligible heritage property, and(ii) if the eligible heritage property is a building or other improvement so

affixed to the land as to constitute real property, an area of landsurrounding the eligible heritage property;

(b) limit an exemption under paragraph (a) to a specified portion of the net taxablevalue of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.(3.) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or(b) if the bylaw has received the approval of the electors, for a specified period not

longer than 10 years.(4.) In addition to the information required by section 86 (2) [alternative approval process -

notice] of the Community Charter or section 164 (3) [notice of other voting] of this Act,the notice in relation to approval of the electors under subsection (3) (b) of this sectionmust(a) identify the eligible heritage property that would be subject to the bylaw, and(b) describe the exemption that would be made for the eligible heritage property.

(5.) Within 30 days after adopting a bylaw under this section, the board must give notice ofthe bylaw to the minister responsible for the Heritage Conservation Act in accordancewith section 977.

2000-7-102; 2003-52-365.

Repayment requirement in relation to heritage exemptions

810.1 (1.) A bylaw under section 810 may provide that, if any of the following circumstances asspecified in the bylaw occurs, the board may require the owner of the eligible heritageproperty at that time to pay to the regional district the amount calculated undersubsection (2):(a) if the eligible heritage property is destroyed, whether with or without proper

authorization under the requirements of the heritage protection of the property;(b) if the eligible heritage property is altered by or on behalf of the owner without

proper authorization under the requirements of the heritage protection of theproperty;

(c) if any other circumstances specified in the bylaw occur.(2.) The amount that may be required under subsection (1) is the amount equivalent to

(a) the total taxes exempted under the bylaw under section 810

plus

(b) interest from the time at which the exempt taxes would otherwise have beenpayable, compounded annually at the rate referred to in section 245 [taxes inarrear] of the Community Charter.



(3.) A bylaw under section 810 that includes a provision under subsection (1) may only beadopted with the consent of the current owner of the eligible heritage property to whichthe bylaw applies.

(4.) If a bylaw under section 810 includes a provision under subsection (1), within 30 daysafter the bylaw is adopted, the board must have notice of the bylaw filed in the land titleoffice, and for this purpose section 976 [notice on land titles] applies.

(5.) If a bylaw under section 810 includes a provision under subsection (1) and acircumstance specified in the provision occurs, the board may, by bylaw adopted by atleast 2/3 of the votes cast, either(a) require the owner to pay the amount referred to in subsection (2), or(b) waive the obligation of the owner to pay all or part of the amount referred to in

subsection (2).(6.) If a board does not adopt a bylaw under subsection (5) (a) within one year after it

becomes aware of the circumstance in relation to which the bylaw could be adopted, theboard is deemed to have waived all obligation of the owner to pay the amount referred toin subsection (2).

(7.) If a board adopts a bylaw under subsection (5) (a) within the time period referred to insubsection (6), the board may(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to

the taxes payable on the eligible heritage property, in which case section 363.2 [special fees and charges that are to be collected as taxes] applies, or

(b) make an agreement with the current owner regarding payment of the amountreferred to in subsection (2) as a personal debt to the regional district.

2000-7-102; 2003-52-366.

Exemptions for riparian property811. (1.) In this section and section 811.1:

"eligible riparian property" means property that meets all the following requirements:(a) the property must be riparian land;(b) the property must be subject to a covenant under section 219 of the Land Title

Act that relates to the protection of the property as riparian property;(c) the regional district granting the exemption under this section must be a

covenantee in whose favour the covenant referred to in paragraph (b) is made;(d) any other requirements prescribed under subsection (6);

"eligible value" means the portion of the net taxable value of the parcel of land in relation towhich an exemption under subsection (2) is made that is equivalent to the ratio of

(a) the area of the eligible riparian property that is exempted under subsection (2)(a)

to

(b) the area of the parcel of land in relation to which the exemption is made.

(2.) Despite section 182 [prohibition against assistance to business] but subject to



subsections (3) and (4) of this section, for the purposes of supporting the conservation ofan eligible riparian property, on or before October 31 in any year a board may, by bylawadopted by at least 2/3 of the votes cast, do one or more of the following:(a) exempt all or part of the eligible riparian property from taxation under this Part;(b) limit an exemption under paragraph (a) to a specified portion of the eligible value

of the property to which the exemption applies;(c) make an exemption under this subsection subject to specified conditions.

(3.) An exemption under subsection (2) may apply only to that part of the eligible riparianproperty that is a riparian area.

(4.) A bylaw under subsection (2) may provide a tax exemption(a) for the next calendar year, or(b) if the bylaw has received the approval of the electors, for a specified period not

greater than 10 years.(5.) In addition to the information required by 86 (2) [alternate approval process notice] of the

Community Charter or section 164 (3) [notice of other voting] of this Act, the notice inrelation to approval of the electors under subsection (4) (b) of this section must(a) identify the eligible riparian property that would be subject to the bylaw, and(b) describe the exemption that would be made for the eligible riparian property.

(6.) The Lieutenant Governor in Council may, by regulation, establish additionalrequirements for property to be considered eligible riparian property.

2000-7-102; 2003-52-367.

Repayment requirement in relation to riparian exemptions

811.1 (1.) A bylaw under section 811 may provide that, if(a) there is a contravention of any of the conditions of the covenant under section

219 of the Land Title Act in relation to which the exemption is given,(b) the covenant is discharged before the end of the period of the exemption, or(c) any other circumstances specified in the bylaw occur,the board may require the owner of the eligible riparian property at that time to pay to theregional district the amount referred to in subsection (2).

(2.) The amount that may be required under subsection (1) is the amount equivalent to(a) the total taxes exempted under the bylaw under section 811

plus

(b) interest from the time at which the exempt taxes would otherwise have beenpayable, compounded annually at the rate referred to in section 245 [taxes inarrear] of the Community Charter.

(3.) A bylaw under section 811 that includes a provision under subsection (1) may only beadopted with the consent of the owner of the eligible riparian property to which the bylawapplies.

(4.) If a bylaw under section 811 includes a provision under subsection (1), within 30 daysafter the bylaw is adopted the board must have notice of the bylaw filed in the land titleoffice, and for this purpose section 976 [notice on land titles] applies.



(5.) If a bylaw under section 811 includes a provision under subsection (1) and acircumstance specified in the provision occurs, the board may, by bylaw adopted by atleast 2/3 of the votes cast, either(a) require the owner to pay the amount referred to in subsection (2), or(b) waive the obligation of the owner to pay all or part of the amount referred to in

subsection (2).(6.) If a board does not adopt a bylaw under subsection (5) (a) within one year after it

becomes aware of the circumstance in relation to which the bylaw could be adopted, theboard is deemed to have waived all obligation of the owner to pay the amount referred toin subsection (2).

(7.) If a board adopts a bylaw under subsection (5) (a) within the time period referred to insubsection (6), the board may(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to

the taxes payable on the eligible riparian property, in which case section 363.2 [special fees and charges that are to be collected as taxes] applies, or

(b) make an agreement with the owner regarding payment of the amount referred toin subsection (2) as a personal debt to the regional district.

2000-7-102; 2003-52-368.

Tax exemptions under a partnering agreement

812. (1.) A board may, by bylaw, exempt from taxation under this Part, all or part of the land,improvements or both, owned or held by a party to a partnering agreement with theregional district, during all or part of the term of the agreement.

(2.) An exemption under this section may only be provided for that portion of the land orimprovements used for a public purpose.

(3.) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for aperiod that by exercising rights of renewal or extension could exceed 5 years, the bylawmay be adopted only with the approval of the electors.

(4.) An exemption under this section takes effect as follows:(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the

exemption takes effect for the following calendar year;(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the

exemption takes effect for the year following the next calendar year.(5.) If, because of a change in the use or ownership of property exempted from taxation by

bylaw under this section the property no longer meets the requirements for exemption,the bylaw ceases to apply to that property and the property is liable to taxation effectivefrom the time of the change.

2000-7-102; 2003-52-369.

Part 24: Division 4.5 – Dispute Resolution in Relation to Services


Definitions



813. For the purposes of this Division:"final resolution" means the establishment of the terms and conditions for withdrawal from aservice by an arbitrator’s decision under section 813.13 [arbitration process] or 813.15 [directionto further arbitration in certain cases];

"initiating participant" means a participant who gave notice under section 813.04 [initiating aservice review] or 813.08 [initiating service withdrawal], as applicable;

"notice of withdrawal" means notice under section 813.14 (1) (d) (i) [initiating participantdecision to proceed with withdrawal];

"service review" means a review of participation in one or more services in accordance withthe process under sections 813.04 to 813.07;

"service withdrawal" means proposed withdrawal from participation in one or more services inaccordance with the process under sections 813.08 to 813.19.

2000-7-106.

Minister may appoint facilitators813.01 (1.) The minister may appoint facilitators for the purposes of this Division, whose

responsibilities are to monitor service reviews and service withdrawals, and to assist theparties in reaching agreement in those processes, by(a) facilitating negotiations,(b) facilitating resolution of issues, and(c) assisting in setting up and using mediation or other non-binding resolution

processes.(2.) On receiving a notice under section 813.04 [initiating a service review] or 813.08

[initiating service withdrawal], the minister may designate a person appointed undersubsection (1) as the facilitator responsible to assist the parties in relation to the matter.

(3.) Subject to subsection (4), at any time during a service review or service withdrawal, thefacilitator designated under subsection (2) is to provide the assistance described insubsection (1) if requested to do so by a party.

(4.) The authority for the facilitator to provide assistance in relation to a service withdrawalends at the time an arbitration referred to in section 813.13 begins.

(5.) Once a facilitator becomes involved under this section, the parties must provideinformation as requested by the facilitator and must otherwise cooperate with thefacilitator in fulfilling his or her responsibilities.

2000-7-106.

Parties to a service review or service withdrawal813.02 (1.) The parties to a service review or service withdrawal are

(a) the initiating participant,(b) any other participant in the service, and(c) the board.

(2.) The representatives for the parties to a service review or service withdrawal are the



following:(a) in the case of a municipal participating area,

(i) a council member appointed by the council, or(ii) if no appointment is made, the mayor;

(b) in the case of an electoral participating area, the director of the electoral area;(c) in the case of the board,

(i) a director appointed by the board, or(ii) if no appointment is made, the chair.

(3.) The board and any municipal participant may make an appointment referred to insubsection (2) and, if this is done, must notify the other parties as to the person who is tobe their representative in the service review or service withdrawal.

2000-7-106.

Costs of service review or service withdrawal813.03 (1.) Costs incurred by a party in respect of their own participation in a service review or

service withdrawal may only be recovered as follows:(a) in the case of costs incurred by a municipal participant, the costs must be

recovered from the municipal participating area on the same basis as other costsof the service are recovered from that participating area;

(b) in the case of costs incurred by an electoral area participant, the costs aredeemed to be costs of the service and must be recovered from the participatingarea on the same basis as other costs of the service are recovered from thatparticipating area;

(c) in the case of costs incurred by the board, the costs are deemed to be costs ofthe service and must be apportioned and recovered from the service area on thesame basis as other costs of the service.

(2.) Unless otherwise agreed by the parties to a service review or service withdrawal or, inthe case of arbitration, unless otherwise directed by the arbitrator,(a) the fees of any mediator or arbitrator engaged to conduct or participate in the

process, other than the fees of a facilitator under section 813.01 [minister mayappoint facilitators],

(b) the administrative costs of the process, other than costs incurred by the partiesin respect of their own participation in the process, and

(c) any other costs with respect to the service review or service withdrawal that arenot costs referred to in subsection (1)

are deemed to be costs of the service and must be recovered in accordance withsubsection (3).

(3.) The costs to be recovered under subsection (2) must be assigned, apportioned andrecovered as follows:(a) in the case of a service review that dealt with only one service, the costs must be

apportioned between and recovered from the participating areas on the samebasis as other costs of the service;

(b) in the case of a service review that dealt with more than one service, the costsmust be(i) assigned proportionately between the services under review at the time

those costs were incurred, on the basis of the relative expenditures



provided for the services in the previous year’s financial plan, and(ii) for each service, apportioned and recovered in accordance with

paragraph (a);(c) in the case of a service withdrawal that dealt with only one service, subject to a

regulation under subsection (4), the costs must be(i) assigned proportionally between the service area and the participating

area for the initiating participant, on the basis of the converted value ofland and improvements in those areas,

(ii) for costs assigned to the service area, apportioned and recovered inaccordance with paragraph (a), and

(iii) for costs assigned to the initiating participant, recovered on the samebasis that other costs of the service are recovered from the participatingarea;

(d) in the case of a service withdrawal that dealt with more than one service, subjectto a regulation under subsection (4), the costs must be(i) assigned proportionately between the services under review at the time

those costs were incurred, on the basis of the relative expendituresprovided for the services in the previous year’s financial plan, and

(ii) for each service, assigned, apportioned and recovered in accordancewith paragraph (c).

(4.) The Lieutenant Governor in Council may make regulations providing how costs are to beassigned under subsection (3) (c) and (d) in cases where there is more than oneinitiating participant.

2000-7-106, 107.

Initiating a service review813.04 (1.) A participant may initiate a service review under this Division if all the following

circumstances apply:(a) the participant has been a participant in the service for at least 5 years or, if

applicable, the shorter time period provided in the establishing bylaw for theservice;

(b) the service has not been subject to a service review that was initiated within thepast 3 years;

(c) the establishing bylaw does not include provisions under section 800.2 (1) (c.2)establishing an alternative review process;

(d) the participant considers that the terms and conditions of participation in theservice are not satisfactory.

(2.) To initiate a service review, a participant must give written notice to the board, all otherparticipants in the service and the minister.

(3.) The notice under subsection (2) must(a) describe the terms and conditions of participation in the service that the

participant finds unsatisfactory,(b) give reasons, relating to those terms and conditions, as to why the participant

wishes to initiate the service review, and(c) describe how the participant has previously attempted to resolve the issues.

(4.) A participant who wishes to initiate service reviews for more than one service must giveseparate notice under this section for each service.



(5.) In the case of a service review in relation to the exercise of authority undersupplementary letters patent, the minister may determine what is to be considered aseparate service under that authority for the purposes of this Division.

2000-7-106.

Other issues and services may be dealt with in one service review813.05 (1.) The following issues may be addressed by a service review:

(a) the issues raised by the notice under section 813.04 [initiating a service review];(b) any other issue respecting the service raised by a party at a preliminary meeting

under section 813.06 [preliminary meeting];(c) if the other parties agree, an issue respecting the service raised by a party after

the preliminary meeting.(2.) In addition to the issues under subsection (1), if

(a) at the same time or after the service review is initiated, another service review isinitiated by notice under section 813.04 [initiating a service review] in respect ofthe same or another service,

(b) the other parties to the initial service review agree, and(c) if applicable, any participants in the other service who are not parties to the initial

service review also agree,the service reviews may be combined and dealt with in the same service review.

2000-7-106.


Preliminary meeting813.06 (1.) Within 120 days after receiving a notice under section 813.04 [initiating a service review],

the board must arrange a preliminary meeting of all party representatives for the purposeof(a) reviewing the terms and conditions of the service, and(b) establishing a negotiation process for addressing

(i) the issues raised in the notice, and(ii) any other issues raised by a party during the meeting,with a view to reaching an agreement on the negotiation process and the issuesto be addressed in the negotiations.

(2.) If a facilitator has been designated under section 813.01 [minister may appoint facilitator], the board must give notice of the preliminary meeting to the facilitator.

(3.) The requirement for a meeting under subsection (1) does not apply to a service reviewthat is combined under section 813.05 with another service review that was previouslyinitiated.

2000-7-106.

Negotiations to resolve issues813.07 (1.) Within 60 days after the preliminary meeting under section 813.06 [preliminary meeting]

was convened, or the first such meeting was convened if there is more than one, theparties must begin negotiations for the purpose of reaching agreement on the relevant



issues.(2.) All parties must negotiate in good faith, making reasonable efforts to reach an agreement

respecting the issues being addressed in the service review.2000-7-106.

Initiating service withdrawal813.08 (1.) A participant may initiate service withdrawal if all the following circumstances apply:

(a) the service has been subject to(i) a service review that was initiated within the past 3 years, or(ii) an alternative review process in accordance with establishing bylaw

provisions under section 800.2 (1) (c.2) that was started within the past 3years;

(b) the first meeting respecting the review, which in the case of a service review isthe first preliminary meeting under section 813.06 [preliminary meeting], wasconvened more than 8 months ago;

(c) the service is not(i) a service referred to in section 800 (2) [services for which no

establishing bylaw required],(ii) a regulatory service, or(iii) a service prescribed under subsection (5).

(2.) A participant may initiate service withdrawal under this Division even if the establishingbylaw provides terms and conditions for withdrawal under section 800.2 (1) (d).

(3.) To initiate service withdrawal, a participant must give written notice to the board, all otherparticipants in the service and the minister.

(4.) The notice under subsection (3) must(a) describe the terms and conditions of participation in the service that the

participant finds unsatisfactory, and(b) give reasons, relating to those terms and conditions, as to why the participant

wishes to withdraw from the service.(5.) The Lieutenant Governor in Council may make regulations excluding services from

withdrawal under this Division.(6.) Regulations under subsection (5) may be different for different regional districts and

different circumstances.2000-7-106.

Minister’s direction on process813.09 (1.) After receiving a notice under section 813.08 [initiating service withdrawal], unless the

matter is to be dealt with in another service withdrawal under section 813.10, the ministermust do one of the following:(a) if the establishing bylaw provides an alternative review process and the minister

considers that agreement may be reached by a service review under thisDivision, terminate the service withdrawal and direct the parties to engage in aservice review;

(b) direct the parties to engage in further negotiations, specifying a time periodwithin which the parties must conclude negotiations;

(c) direct the parties to engage in mediation under section 813.12 [mediation],specifying a time period within which the mediation must be concluded;



(d) if satisfied that agreement is unlikely under paragraph (a), (b) or (c), direct thatthe terms and conditions for withdrawal from the service be resolved byarbitration under section 813.13 [arbitration].

(2.) The minister may extend a time period established under subsection (1) (b) or (c) beforeor after it has expired.

(3.) If no agreement is reached from negotiations under subsection (1) (b) within theapplicable time period, the minister must direct the parties to engage in mediation orarbitration in accordance with subsection (1) (c) or (d).

2000-7-106.

Addition of further initiating participants or further services813.10 (1.) If, at the same time or after a service withdrawal is initiated, the minister receives another

notice under section 813.08 [initiating service withdrawal] respecting the same or anyother service of the same regional district,(a) in the case of a service withdrawal that is in negotiation under section 813.09 (1)

(b) or mediation under section 813.12, the minister may direct that the matter bedealt with as part of the initial service withdrawal, and

(b) in the case of a service withdrawal that is in arbitration under section 813.13, theminister must refer the matter to the arbitrator who may direct that it be dealt withas part of the initial service withdrawal.

(2.) Before making a direction under subsection (1), the minister or arbitrator must consultwith(a) the parties in the initial service withdrawal,(b) if applicable, the mediator, and(c) if applicable, any participants in the other service who are not parties to the initial

service withdrawal.2000-7-106.


Early termination of process813.11 A service withdrawal may be ended at any stage of the process

(a) by agreement between the parties,(b) if there is only one notice under section 813.08 [initiating service withdrawal] in

respect of the process, at the option of the initiating participant, or(c) if there is more than one notice under section 813.08 [initiating service

withdrawal] in respect of the process, by agreement between the initiatingparticipants.

2000-7-106.

Mediation813.12 (1.) If mediation is directed under section 813.09 (1) (c) [minister’s direction on process], the

mediator must be selected(a) by agreement between the parties, or(b) if the minister considers that the parties will not be able to reach agreement, by



the minister.(2.) The mediation is to be a process of negotiation by the parties, undertaken with the

assistance of a neutral and impartial person, for the purpose of reaching a mutuallyacceptable resolution of the relevant issues.

(3.) The mediator must give notice to the minister when the mediation is concluded.(4.) Subject to subsection (5), if agreement on the terms and conditions for withdrawal is not

reached during the mediation or within 60 days after the mediation is concluded, theterms and conditions for withdrawing from the service must be resolved by arbitrationunder section 813.13 [arbitration].

(5.) The minister may extend the time period under subsection (4) before or after it hasexpired.

2000-7-106.

Arbitration813.13 (1.) If agreement in relation to service withdrawal cannot otherwise be reached under this

Division, the terms and conditions for withdrawal must be resolved before a singlearbitrator by(a) final proposal arbitration in accordance with subsection (4), or(b) full arbitration in accordance with subsection (5).

(2.) The choice of process under subsection (1) (a) or (b) is to be determined by agreementbetween the parties but, if the minister considers that they will not be able to reachagreement, the minister must direct which procedure is to be used.

(3.) The arbitrator is to be selected from a list prepared by the minister in consultation withthe Union of British Columbia Municipalities, and is to be selected(a) by agreement between the parties, or(b) if the minister considers that the parties will not be able to reach agreement, by

the minister.(4.) Subject to any regulations under section 813.19, the following apply to final proposal

arbitration under this section:(a) the arbitrator must conduct the proceedings on the basis of a review of written

documents and written submissions only, and must determine each disputedissue by selecting one of the final written proposals submitted by the partiesrespecting that issue;

(b) in making a determination under paragraph (a), the arbitrator must consider anyterms and conditions established under section 800.2 (1) (d) [establishing bylawprovisions respecting withdrawal];

(c) the terms and conditions for service withdrawal must be resolved by thearbitrator after incorporation of the final proposals selected under paragraph (a)in respect of each issue;

(d) no written reasons are to be provided by the arbitrator.(5.) Subject to any regulations under section 813.19, the following apply to full arbitration

under this section:(a) the arbitrator may conduct the proceedings at the times and in the manner he or

she determines;(b) the arbitrator must consider any terms and conditions referred to in section 800.2

(1) (d) [establishing bylaw provisions respecting withdrawal];(c) the terms and conditions for service withdrawal must be resolved by the



arbitrator, who is not restricted in his or her decision to submissions made by theparties on the disputed issues;

(d) for an arbitration involving more than one initiating participant, the final resolutionmay establish different terms and conditions for service withdrawal depending onwhich participants decide to withdraw under the final resolution;

(e) the arbitrator must give written reasons for the decision.(6.) The Commercial Arbitration Act does not apply to arbitration under this Division.

2000-7-106.

Initiating participant must respond to final resolution813.14 (1.) Within one year after final resolution under section 813.13 [arbitration] or a longer time

established under subsection (2) of this section, each initiating participant must do one ofthe following and must notify the minister and board as to whichever applies:(a) agree to continue as a participant on the current terms and conditions;(b) agree with the board and the other participants on new terms and conditions for

continued participation in the service;(c) agree with the board and the other participants on terms and conditions for

withdrawal that differ from the final resolution;(d) seek approval in accordance with subsection (4) regarding withdrawal from the

service in accordance with the final resolution and, as applicable,(i) if that approval is obtained and the participant decides to proceed with

withdrawal, agree to withdraw from the service in accordance with thefinal resolution, or

(ii) if that approval is not obtained, or the approval is obtained but theparticipant decides not to proceed with withdrawal, agree to continue asa participant on the current terms and conditions.


(3.) If the board and the participants do not adopt the bylaws and take the other actionsrequired to implement an agreement referred to in subsection (1) (b) or (c) within theapplicable time period under subsection (1), the initiating participant is deemed to havegiven notice of continuation under subsection (1) (a) unless it has given notice ofwithdrawal before the end of that period.

(4.) Approval required under subsection (1) (d) is obtained by one of the following:(a) assent of the electors in the participating area in accordance with section 801.2

[approval by assent of the electors];(b) in the case of a service referred to in section 801.3 (1) [approval by alternative

approval process], by approval in accordance with that section;(c) in the case of a municipal participating area that is all of the municipality,

consent given on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal participating area].

(5.) If the service withdrawal is related to more than one service,(a) approval must be sought in respect of all services considered together, which

are deemed to be a single matter requiring approval,(b) approval under subsection (4) (b) may only be used if each of the services are

services referred to in section 801.3 (1) (a) or (b) [approval by counter petition],



and(c) approval under subsection (4) (c) may only be used if the municipal participating

area for each of the services is all of the municipality.2000-7-106; 2003-52-370.

Direction to further arbitration in certain cases813.15 (1.) The minister must direct that a new arbitration under section 813.13 [arbitration] be

undertaken, if(a) a service withdrawal involved more than one initiating participant,(b) only some of the initiating participants give notice of withdrawal, and(c) the final resolution does not include applicable provisions under section 813.13

(5) (d) [arbitration – separate terms and conditions].(2.) For the purposes of arbitration under subsection (1), the participants who gave the notice

of withdrawal are deemed to be the initiating participants.2000-7-106.


When final resolution becomes binding813.16 A final resolution becomes binding on all parties as follows:

(a) in the case of a service withdrawal involving only one initiating participant, if theinitiating participant gives notice of withdrawal, the final resolution becomesbinding when that notice is given;

(b) in the case of a service withdrawal involving more than one initiating participant,if all initiating participants give notice of withdrawal, the final resolution becomesbinding when the last of these notices is given;

(c) in the case of a service withdrawal involving more than one initiating participant,if(i) one or more initiating participants give notice of withdrawal, and(ii) the final resolution includes applicable provisions under section 813.13

(5) (d) [arbitration – separate terms and conditions],the applicable provisions of the final resolution become binding when all of theinitiating participants have given notice under section 813.14 (1) (a) or (d) or atthe end of the time period under that section, whichever is earlier.

2000-7-106.

Implementation of final resolution by bylaw813.17 (1.) The board and the participants must adopt the bylaws and take the other actions

required to implement the terms and conditions of a final resolution within 90 days after itbecomes binding under section 813.16 [when arbitrator’s decision becomes binding].

(2.) Despite any other provision of this Act, approval of the electors is not required for abylaw referred to in subsection (1).




2000-7-106.

Failure to adopt required bylaws813.18 (1.) If the board or a municipal participant does not adopt the bylaws required under section

813.17 [implementation by bylaw], on the recommendation of the minister, the LieutenantGovernor in Council may, by order, implement the terms and conditions of the finalresolution.

(2.) An order under subsection (1) is deemed to be a bylaw of the applicable localgovernment.

2000-7-106.

Regulations respecting arbitrations813.19 (1.) The minister may make regulations respecting arbitrations under this Division and,

without limiting this, may make regulations as follows:(a) respecting matters that an arbitrator must or may consider;(b) respecting the authority of an arbitrator to resolve the terms and conditions for

withdrawing from a regional district service;(c) respecting the authority of an arbitrator to require the cooperation of local

governments and electoral area directors in relation to the arbitration.(2.) Regulations under this section may be different for final proposal arbitration, full

arbitration and arbitration directed under section 813.15 [direction to further arbitration incertain cases].

2000-7-106.

Part 24: Division 5 – Financial Operations


General accounting rules814. (1.) The regional district financial officer must keep separate financial records for each

service that include full particulars of assets and liabilities, revenues and expenditures,information concerning reserve funds and other pertinent financial details.

(2.) The fiscal year for a regional district is the calendar year.(3.) The following provisions of the Community Charter apply to regional districts:

section 167 [annual financial statements]; section 168 [reporting of council remuneration, expenses and contracts]; section 183 [investment of municipal funds]; Division 2 of Part 6 [Audit]; Division 4 of Part 6 [Reserve Funds]; Division 5 of Part 6 [Restrictions on Use of Municipal Funds].

(4.) In relation to the application of Division 4 [Reserve Funds] of Part 6 of the CommunityCharter,(a) the provisions apply as though each service were the only service provided by

the regional district,(b) all accounting and other matters relating to a reserve fund must be kept separate



for each service, and(c) a board may adopt a bylaw under section 189 (3) [reserve fund used in relation

to expropriation or damage to property] of the Community Charter in relation tocompensation in respect of property expropriated or injured or to carry out worksreferred to in section 311 [entry on land to mitigate damage] of this Act, but onlywith the approval of the inspector.

2003-52-371.

Annual reporting on regional district finances814.1 (1.) By June 30 in each year, a regional district must hold a board meeting or other public

meeting for the purpose of presenting(a) the audited financial statements of the preceding year, and(b) the report under section 168 [reporting of remuneration, expenses and contracts]

of the Community Charter.(2.) The board must give notice of the meeting by publication in a newspaper, including

(a) the date, time and place of the meeting, and(b) a statement that the financial statements and any reports to be presented at the

meeting are available for inspection at the regional district offices.(3.) A copy of the financial statements and reports must be available for public inspection at

the regional district offices during their regular office hours from the time the notice undersubsection (2) is given until June 30 in the following year.

2003-52-371.

Financial plan815. (1.) A regional district must have a financial plan that is adopted annually, by bylaw, by

March 31.(2.) For certainty, the financial plan may be amended by bylaw at any time.(3.) The planning period for a financial plan is 5 years, that period being the year in which the

plan is specified to come into force and the following 4 years.(4.) The financial plan must set out the following for each year of the planning period, shown

separately for each service:(a) the proposed expenditures for the service;(b) the proposed funding sources for the service;(c) the proposed transfers between funds in respect of the service.

(5.) For any year, the total of the proposed expenditures and transfers to other funds inrespect of a service must not exceed the total of the proposed funding sources andtransfers from other funds for the service.

(6.) The proposed expenditures for a service must set out separate amounts for each of thefollowing as applicable:(a) the amount required to pay interest and principal on regional district debt;(b) the amount required for capital purposes;(c) the amount required for a deficiency referred to in subsection (11);(d) the amount required for other purposes.

(7.) The proposed funding sources for a service must set out separate amounts for each ofthe following as applicable:(a) revenue from property value taxes;(b) revenue from parcel taxes;



(c) revenue from fees and charges;(d) revenue from other sources;(e) proceeds from borrowing, other than borrowing under section 821 [revenue

anticipation borrowing].(8.) The proposed transfers between funds in respect of a service must set out separate

amounts for(a) reserve funds, and(b) accumulated surplus.

(9.) As a limit on expenditures, the amounts that may be included in a financial plan asexpenditures respecting assistance to be apportioned under section 804 (2) (g) [assistance other than under a partnering agreement] must not, in total, exceed theamount that would be obtained by a tax of 10¢ per $1 000 on the net taxable value ofland and improvements in the regional district.

(10.) As a limit on revenues,(a) if section 800.1 (1) (e) [requisition limits in establishing bylaw] applies in relation

to a service, the total of the amounts included under subsection (7) (a) and (b)for the service must not exceed the maximum amount set under that section,and

(b) the total of the amounts requisitioned under sections 805 [municipal requisitions]and 806 [electoral area requisitions] in respect of the service must not exceedthe amounts included under subsection (7) (a) and (b).

(11.) If actual expenditures and transfers to other funds in respect of a service for a yearexceed actual revenues and transfers from other funds in respect of the service for theyear, the resulting deficiency must be included in the next year's financial plan as anexpenditure for the service in that year.

2000-7-114; 2003-52-372.

Process requirements for financial plan816. (1.) A board must undertake a process of public consultation regarding the proposed

financial plan before it is adopted.(2.) The designated regional district officer must send a copy of the financial plan to each

municipality in the regional district and to the inspector.2000-7-114.

Limit on expenditures817. (1.) A regional district must not make an expenditure other than one authorized under

subsection (2) or (3).(2.) A regional district may make an expenditure that is provided for that year in its financial

plan, other than an expenditure that is expressly prohibited by this or another Act.(3.) A regional district may make an expenditure for an emergency that was not

contemplated for that year in its financial plan, other than an expenditure that isexpressly prohibited by this or another Act.

(4.) In relation to the authority under subsection (3), the board must establish procedures(a) to authorize expenditures under that subsection, and(b) to provide for such expenditures to be reported to the board at a regular

meeting.(5.) If an expenditure is made under subsection (3), as soon as practicable, the board must



amend the financial plan in respect of the service to include the expenditure and thefunding source for the expenditure.

(6.) For certainty, the authority under subsection (3) does not include the authority to borrowfor the purpose of making the expenditure.

2000-7-114.


Limit on borrowing and other liabilities818. (1.) A regional district may only incur a liability under the authority of this or another Act.

(2.) A regional district must not incur a liability for which expenditures are required during theplanning period for its financial plan unless those expenditures are included for theapplicable year in the financial plan.

(3.) Subsection (2) does not apply to a debt under section 821 [revenue anticipationborrowing].

2000-7-114.

Application of Community Charter borrowing and liability provisions

819. (1.) The following provisions of the Community Charter apply to regional districts: section 175 [liabilities under agreements]; section 176 [liabilities imposed under prescribed enactments]; section 179 [loan authorization bylaws for long term borrowing].

(2.) For the purposes of obtaining the approval of the electors under section 175 of the Community Charter, the electors are the electors of the service area in respect of whichthe liability is to be incurred.

(3.) In relation to section 179 (1) (g) of the Community Charter as it applies under subsection(1), the reference to carrying out works referred to in section 32 (3) [expropriation ordamage to property] of that Act is to be read as a reference to works referred to insection 311 [entry on land to mitigate damage] of this Act.

2003-52-373.


Revenue anticipation borrowing821. (1.) A board may, by bylaw, provide for the borrowing of money that may be necessary to

meet its current lawful expenditures before its revenue, from all sources, to pay for thoseexpenditures has been received.

(2.) Money borrowed under this section must be repaid when the anticipated revenue withrespect to which the borrowing was authorized is received.

2000-7-114.

Short term capital borrowing822. (1.) A board may, by bylaw adopted with the approval of the inspector, contract a debt for



any purpose of a capital nature related to the service under section 800 (2) (a) [generaladministration].

(2.) A bylaw and the debt under this section must comply with the following:(a) the debt must not cause the aggregate liabilities under this section to exceed the

sum of $50 000 plus the product of $2 multiplied by the population of theregional district;

(b) the debt and securities for it must be payable no later than the lesser of(i) 5 years from the date on which the securities were issued, or(ii) the reasonable life expectancy of the capital asset for which the debt is

contracted;(c) the bylaw must set out

(i) the amount of the debt intended to be incurred, and(ii) in brief and general terms, the purpose for which the debt is to be

incurred.(3.) For the purposes of subsection (2) (a), the population of the regional district is to be

taken from the most recent population census but, if a population has not beenestablished by census, it must be determined by the minister until the results of a censusare known.

2000-7-114.

Regional district loan authorization bylaws823. (1.) In addition to the requirements of section 179 [loan authorization bylaws for long term

borrowing] of the Community Charter, a regional district loan authorization bylaw mustidentify the service to which it relates.

(2.) A loan authorization bylaw may not be adopted in relation to a service referred to insection 800 (2) (h) [grants for mountain resort business improvement areas].

(3.) Section 802 (1) to (6) [amendment or repeal of establishing bylaws] applies to theamendment or repeal of a loan authorization bylaw.

2003-52-375.

Participating area approval required for some loan authorization bylaws

823.1 (1.) Subject to subsection (2), a loan authorization bylaw must receive participating areaapproval in accordance with this section.

(2.) Participating area approval is not required for the following:(a) money borrowed for a purpose referred to in section 179 (1) (d) to (f) [borrowings

for court and arbitration requirements] of the Community Charter;(b) paying compensation in respect of property expropriated or injured in carrying

out works referred to in section 311 [entry on land to mitigate damage] of thisAct;

(c) money borrowed for a purpose prescribed by regulation or in circumstancesprescribed by regulation, subject to any conditions established by regulation.

(3.) Participating area approval under this section may be obtained as follows:(a) in any case, by assent of the electors in accordance section 801.2 [approval by

assent of the electors];(b) in any case, by approval given in accordance with section 801.3 [approval by

alternative approval process];



(c) for a municipal participating area that is all of the municipality, consent given inaccordance with section 801.4 [consent on behalf of municipal participating area];

(d) for an electoral participating area, consent given in accordance with section801.5 (2) to (4) [consent on behalf of electoral participating area] if the borrowingis in relation to a service that was requested by petition under section 797.4 [petition for electoral area services] and the petition contemplated the borrowing.

(4.) The matter put before the electors under subsection (3) (a) or (b) must include theinformation referred to in section 179 (2) [loan authorization bylaw requirements] of the Community Charter.

(5.) Subject to this section, Division 4.1 [Establishing Bylaws] of this Part applies for thepurposes of obtaining approval required by subsection (1).

2003-52-375.

Temporary borrowing under loan authorization bylaw

823.2 (1.) A board that has adopted a loan authorization bylaw may, by bylaw, temporarily borrowmoney not exceeding the difference between the total amount authorized by the loanauthorization bylaw and the amount already borrowed in relation to that bylaw.

(2.) To the extent necessary, the proceeds of the borrowing under section 825 [securityissuing bylaws] in relation to the loan authorization bylaw must be used to repay themoney temporarily borrowed.

2003-52-375.

Financing municipal undertakings824. (1.) A regional district may finance, at the request and sole cost of a municipality, an

undertaking(a) for which the council of the municipality has adopted a loan authorization bylaw

in accordance with the Community Charter, or(b) in the case of the City of Vancouver, for which the council has passed a bylaw or

resolution authorizing the borrowing of money under the Vancouver Charter.(2.) For the purpose of this financing, the board may adopt a security issuing bylaw without

adopting a loan authorization bylaw, and the bylaw must state, as its authorization, thebylaw or resolution referred to in subsection (1).

(3.) The municipality must provide for and pay over to the regional district the sums requiredto discharge its obligations in accordance with the terms of debentures issued to theregional district or agreements entered into under section 825 [security issuing bylaws]or under the Vancouver Charter.

(4.) If the sums provided for in the debentures or under the agreements, as referred to insubsection (3), are not sufficient to meet the obligations of the board, the deficiency is aliability of the municipality to the regional district.

2000-7-114; 2003-52-376.

Security issuing bylaws825. (1.) A board may, by a security issuing bylaw, provide for the issue of debentures or other

evidence of debt for all or part of the debt authorized by one or more loan authorizationbylaws.



(2.) A security issuing bylaw must specify the following:(a) the loan authorization bylaws that authorize the borrowing;(b) the amount of borrowing authorized by each loan authorization bylaw;(c) the amount already borrowed under each loan authorization bylaw;(d) the amount remaining to be borrowed under each loan authorization bylaw;(e) the amount authorized by the security issuing bylaw to be issued under each

loan authorization bylaw;(f) the term of the debt.

(3.) The proceeds of the borrowing under a security issuing bylaw must be allottedproportionately for the purposes of each loan authorization bylaw referred to insubsection (2) (a).

(4.) A security issuing bylaw must not be adopted(a) while any proceeding is pending in which the validity of a loan authorization

bylaw referred to in subsection (2) (a) is called into question or by which it issought to be set aside, or

(b) until the time for giving notice of intention to apply to set aside the loanauthorization bylaw expires.

(5.) A regional district security issuing bylaw may include borrowing under section 824 [financing municipal undertakings], as well as borrowing by the regional district for itsown purposes.

2003-52-377.

General liability provisions826. (1.) Money borrowed by a regional district must be on its credit at large and, in the event of

default, constitutes an indebtedness of the municipalities and electoral areas in theregional district that they are jointly and severally liable to repay.

(2.) If a municipality defaults on the payment of money due and payable by it to the regionaldistrict, the Lieutenant Governor in Council may, at the request of the board, appoint acommissioner for the municipality and, on being appointed, the commissioner has all thepowers and duties of a commissioner appointed under Part 30 [AdministrativeCommissioner].

2000-7-114.




Services to public authorities837. (1.) If a regional district makes an agreement with a public authority to provide services to or

for the public authority that are within the powers of the public authority, the entire cost ofproviding the service under the agreement is a debt owed to the regional district by the



public authority.(2.) A service provided under an agreement referred to in subsection (1) may be provided

inside the boundaries of another regional district if that other regional district consents.1998-34-185.

Local community commissions838. (1.) A board may, by bylaw, establish in an electoral area one or more local communities to

be administered by local community commissions.(2.) A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw,

has no effect unless it receives the assent of the electors in the area of the localcommunity and is approved by the inspector.

(3.) As an exception to subsection (2), the minister may waive the requirement for assent ofthe electors to a bylaw that amends or repeals a bylaw establishing a local community.

(4.) For the purposes of obtaining the assent of the electors as required by this section, Part4 applies and the voting area is to be the proposed local community or the localcommunity, as applicable.

(5.) A bylaw establishing a local community must do the following:(a) name the local community;(b) establish the boundaries of the local community;(c) establish the time and manner of holding annual general meetings of the

commission;(d) establish either

(i) that elections for commissioners are to be held every 3 years at the timeof the general local election, or

(ii) that elections for commissioners are to be held each year at a timespecified in the bylaw.

(6.) A bylaw establishing a local community may do one or more of the following:(a) establish the manner of holding elections for commissioners, if this is to be

different from that provided by the application of Part 3;(a.1) provide that the number of elected commissioners is to be 6;(b) Repealed. [1998-34-186](c) set terms, conditions and restrictions on activities of the commission.

(7.) A bylaw under subsection (6) (a) must be adopted at least 8 weeks before the generalvoting day for the election to which it first applies.

(8.) The commission for a local community consists of(a) unless the bylaw provides otherwise under subsection (6) (a.1), 4 elected

commissioners, and(b) the director for the electoral area in which the local community is located.

(8.1) A commissioner must have the qualifications to hold office as a director.(9.) Except as provided by a bylaw under subsection (6) (a), Part 3 applies to the election of

commissioners.(10.) The term of office for elected commissioners is to be

(a) 3 years or until their successors are elected, whichever is later, if the bylawestablishing the local community specifies that elections are to be held every 3years, or

(b) one year or until their successors are elected, whichever is later, if the bylawestablishing the local community specifies that elections are to be held each



year.(11.) At each annual general meeting, the commissioners must elect a chair and a vice chair.(12.) Repealed. [2000-7-116]

RS1979-290-817; 1993-54-44; 1998-34-186; 2000-7-115, 116.


Restriction on authority in relation to firearms840. Despite this Act or a provision in letters patent issued to a regional district, a bylaw of a

regional district regulating or prohibiting the discharge of firearms, as defined in the Wildlife Act, S.B.C. 1982, c. 57, is unenforceable to the extent that a regulation undersection 108 (2) (n) or (o) of the Wildlife Act is in force in the regional district.

RS1979-290-818; 1989-59-13.



Inspection of regional districts846. (1.) Part 29 applies to a regional district and its board.

(2.) The council of a municipality or a director of an electoral area may make a complaint tothe inspector regarding any bylaw, order, decision or action of the board.

(3.) If a complaint is received, the inspector, or a person authorized by the inspector, mayhold an inquiry.

(4.) An inquiry under subsection (3) must be open to the public.(5.) Section 1021 (3) and (4) applies to the person holding the inquiry under subsection (3).(6.) The person holding the inquiry must report to the Lieutenant Governor in Council on the

evidence adduced and the representations and argument made and must makerecommendations.

(7.) The Lieutenant Governor in Council may, on receipt of the report referred to insubsection (6), make an order.

(8.) An order under subsection (7) is binding on the board.RS1979-290-820; 1989-59-13.

Legal proceedings and enforcement847. (1.) The following apply to a regional district and its board:

Division 2 [Proceedings against Municipality] of Part 7;section 293 (2) and (3) [writ of execution against municipality];section 294 [copy of writ to be left with municipal officer];section 297 [officers of municipality as officers of court];section 298 [certain municipal property exempt from seizure].



(1.1) Section 275 [entry warrants] of the Community Charter applies to regional districts.2003-52-378.



PART 25 – REGIONAL GROWTH STRATEGIES


"affected local government" , in relation to a regional growth strategy, means a localgovernment whose acceptance of the regional growth strategy is required under section 857,and includes the Greater Vancouver Transportation Authority established under the GreaterVancouver Transportation Authority Act;

"facilitator" , in relation to a regional growth strategy, means the facilitator designated by theminister under section 856;

"improvement district board" means the board of trustees for an improvement district;

"initiate" , in relation to a regional growth strategy, means initiation under section 854;

"municipality" includes the City of Vancouver;

"official community plan" includes(a) an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C.

1979, c. 290, before that section was repealed by section 4 of the MunicipalAmendment Act, 1985,

(b) Part 1 of a rural land use bylaw, and(c) an official development plan under the Vancouver Charter;

"regional context statement" means a regional context statement referred to in section 866;

"regional matter" means a matter that involves coordination between or affects more than onemunicipality, more than one electoral area, or at least one of each, in a regional district.

RS1979-290-942.1; 1995-9-7; 1998-34-192; 1998-30-116; 1999-37-197; 2000-7-121.

Part 25: Division 1 – Application and Content of Regional Growth Strategy

Purpose of regional growth strategy

849. (1.) The purpose of a regional growth strategy is to promote human settlement that issocially, economically and environmentally healthy and that makes efficient use of publicfacilities and services, land and other resources.

(2.) Without limiting subsection (1), to the extent that a regional growth strategy deals withthese matters, it should work towards but not be limited to the following:(a) avoiding urban sprawl and ensuring that development takes place where

adequate facilities exist or can be provided in a timely, economic and efficientmanner;



(b) settlement patterns that minimize the use of automobiles and encouragewalking, bicycling and the efficient use of public transit;

(c) the efficient movement of goods and people while making effective use oftransportation and utility corridors;

(d) protecting environmentally sensitive areas;(e) maintaining the integrity of a secure and productive resource base, including the

agricultural land reserve;(f) economic development that supports the unique character of communities;(g) reducing and preventing air, land and water pollution;(h) adequate, affordable and appropriate housing;(i) adequate inventories of suitable land and resources for future settlement;(j) protecting the quality and quantity of ground water and surface water;(k) settlement patterns that minimize the risks associated with natural hazards;(l) preserving, creating and linking urban and rural open space including parks and

recreation areas;(m) planning for energy supply and promoting efficient use, conservation and

alternative forms of energy;(n) good stewardship of land, sites and structures with cultural heritage value.

RS1979-290-942.11; 1995-9-7; 2003-80-57.

Content of regional growth strategy850. (1.) A board may adopt a regional growth strategy for the purpose of guiding decisions on

growth, change and development within its regional district.(2.) A regional growth strategy must cover a period of at least 20 years from the time of its

initiation and must include the following:(a) a comprehensive statement on the future of the region, including the social,

economic and environmental objectives of the board in relation to the regionaldistrict;

(b) population and employment projections for the period covered by the regionalgrowth strategy;

(c) to the extent that these are regional matters, actions proposed for the regionaldistrict to provide for the needs of the projected population in relation to(i) housing,(ii) transportation,(iii) regional district services,(iv) parks and natural areas, and(v) economic development.

(3.) In addition to the requirements of subsection (2), a regional growth strategy may dealwith any other regional matter.

(4.) A regional growth strategy may include any information, maps, illustrations or othermaterial.

RS1979-290-942.12; 1995-9-7.

Area to which regional growth strategy applies

851. (1.) Unless authorized under subsection (2) or required under section 852, a regional growthstrategy must apply to all of the regional district for which it is adopted.



(2.) On request by the applicable board or boards, the minister may authorize a regionalgrowth strategy that(a) applies to only part of a regional district, or(b) is developed jointly by 2 or more regional districts to apply to all or parts of those

regional districts.(3.) The minister may establish terms and conditions for a regional growth strategy

authorized under subsection (2) or required under section 852.(4.) If the minister considers this necessary or advisable for a regional district service in

relation to a regional growth strategy referred to in subsection (3), the minister may byorder give directions respecting the operation of the service, sharing of costs, voting onbylaws and resolutions relating to the service, the intergovernmental advisory committeeand other matters relating to the regional growth strategy.

(5.) To the extent of any inconsistency between this Act and an order under subsection (4),the order prevails.

RS1979-290-942.13; 1995-9-7.

Requirement to adopt regional growth strategy

852. (1.) On the recommendation of the minister, the Lieutenant Governor in Council may, byregulation, do one or both of the following:(a) designate areas for which a regional growth strategy must be developed and

adopted;(b) specify a time within which the regional growth strategy must be adopted.

(2.) The minister must not make a recommendation referred to in subsection (1) unless, inthe opinion of the minister, the area to which the regional growth strategy is proposed toapply has been experiencing significant change in its population, its economicdevelopment or an aspect of growth or development that involves coordination betweenlocal governments or affects more than one local government.

RS1979-290-942.14; 1995-9-7.

Part 25: Division 2 – Preparation and Adoption Procedures


Requirements for adoption853. (1.) The following are required before a regional growth strategy is adopted:

(a) the regional growth strategy must be initiated in accordance with section 854;(b) consultation must be conducted in accordance with section 855;(c) the regional growth strategy must be accepted by affected local governments in

accordance with section 857.(2.) As an exception to subsection (1) (c), a regional growth strategy may be adopted without

acceptance in relation to a specific provision if(a) the provision is included on the basis that it is not binding on the jurisdiction of a

local government that has refused to accept it, and(b) the board considers that it is not essential to the regional growth strategy that the



provision apply to that jurisdiction.(3.) A provision included under subsection (2) becomes binding on a jurisdiction if, at any

time after adoption of the regional growth strategy, the local government for thejurisdiction indicates to the board that it accepts the provision.

(4.) This Part, as it applies to the initiation, development and adoption of a regional growthstrategy, applies to the amendment and repeal of a regional growth strategy.

RS1979-290-942.15; 1995-9-7.

Initiation of regional growth strategy process

854. (1.) The preparation of a regional growth strategy must be initiated by resolution of the board.(2.) If a regional growth strategy is to apply to less than the entire regional district or is to be

prepared jointly with another regional district, this must be authorized under section 851(2) or required under section 852 before the regional growth strategy is initiated.

(3.) If, at the time of initiation, the board proposes to deal with an additional regional matterreferred to in section 850 (3), the initiating resolution must identify the matter.

(4.) The proposing board must give written notice of an initiation under this section toaffected local governments and to the minister.

RS1979-290-942.16; 1995-9-7.

Consultation during development of regional growth strategy

855. (1.) During the development of a regional growth strategy,(a) the proposing board must provide opportunity for consultation with persons,

organizations and authorities who the board considers will be affected by theregional growth strategy, and

(b) the board and the affected local governments must make all reasonable effortsto reach agreement on a proposed regional growth strategy.

(2.) For the purposes of subsection (1) (a), as soon as possible after the initiation of aregional growth strategy, the board must adopt a consultation plan that, in the opinion ofthe board, provides opportunities for early and ongoing consultation with, at a minimum,(a) its citizens,(b) affected local governments,(c) first nations,(d) school district boards, greater boards and improvement district boards, and(e) the Provincial and federal governments and their agencies.

(3.) A failure to comply with a consultation plan under subsection (2) does not invalidate theregional growth strategy as long as reasonable consultation has been conducted.

(4.) After second reading and before the regional growth strategy is submitted for acceptanceunder section 857, the board or a delegated panel of the board must conduct a publichearing that provides an opportunity for individuals and organizations to make their viewsknown regarding the regional growth strategy.

(5.) The minister may make regulations respecting the procedure to be used for hearingsunder subsection (4).

(6.) For certainty, at any time during the development of a regional growth strategy,additional regional matters may be included in accordance with section 850 (3).

RS1979-290-942.17; 1995-9-7.



Facilitation of agreement during development of regional growth strategy

856. (1.) The minister may appoint facilitators for the purposes of this Part, whose responsibilitiesare(a) to monitor and assist local governments in reaching agreement on the

acceptance of regional growth strategies during their development by(i) facilitating negotiations between the local governments,(ii) facilitating the resolution of anticipated objections,(iii) assisting local governments in setting up and using non-binding

resolution processes, and(iv) facilitating the involvement of the Provincial and federal governments

and their agencies, first nations, school district boards, greater boardsand improvement district boards, and

(b) to assist local governments in entering into implementation agreements undersection 868.

(2.) On being notified that a regional growth strategy has been initiated, the minister maydesignate a person appointed under subsection (1) as the facilitator responsible inrelation to the regional growth strategy.

(3.) At any time until the end of the period for acceptance or refusal under section 857 (4) (b),the facilitator is to provide assistance referred to in subsection (1) (a) of this section ifrequested to do so(a) by the proposing board or an affected local government, or(b) by an electoral area director of the proposing board, if the request is supported

by at least 2 other directors.(4.) Once a facilitator becomes involved under subsection (3), the proposing board and

affected local governments must provide information as requested by the facilitator andmust otherwise cooperate with the facilitator in fulfilling his or her responsibilities.

RS1979-290-942.18; 1995-9-7; 2000-7-122.

Acceptance by affected local governments required

857. (1.) Before it is adopted, a regional growth strategy must be accepted by the affected localgovernments or, failing acceptance, become binding on the affected local governmentsunder section 860 (6).

(2.) Acceptance of a regional growth strategy by an affected local government must be doneby resolution of the local government.

(3.) For the purposes of this section, after the public hearing under section 855 (4) andbefore third reading of the bylaw to adopt a regional growth strategy, the board mustsubmit the regional growth strategy to(a) the council of each municipality all or part of which is covered by the regional

growth strategy,(a.1) the board of directors of the Greater Vancouver Transportation Authority if the

regional growth strategy is for the Greater Vancouver Regional District,(b) the board of each regional district that is adjoining an area to which the regional

growth strategy is to apply, and(c) the facilitator or, if no facilitator for the regional growth strategy has been

designated, the minister.



(4.) After receiving a proposed regional growth strategy under subsection (3), each affectedlocal government must(a) review the regional growth strategy in the context of any official community plans

and regional growth strategies for its jurisdiction, both those that are current andthose that are in preparation, and in the context of any other matters that affectits jurisdiction, and

(b) subject to an extension under section 858 (3), within 120 days of receipt either(i) accept the regional growth strategy, or(ii) respond, by resolution, to the proposing board indicating that the local

government refuses to accept the regional growth strategy.(5.) An acceptance under subsection (4) (b) becomes effective

(a) when all affected local governments have accepted the regional growth strategy,or

(b) at the end of the period for acceptance or refusal under that subsection if, at theend of that period, all affected local governments have not accepted the regionalgrowth strategy.

(6.) If an affected local government fails to act under subsection (4) (b) within the period foracceptance or refusal, the local government is deemed to have accepted the regionalgrowth strategy.

(7.) If an affected local government refuses to accept the regional growth strategy, itsresolution under subsection (4) (b) (ii) must also indicate(a) each provision to which it objects,(b) the reasons for its objection, and(c) whether it is willing that a provision to which it objects be included in the regional

growth strategy on the basis that the provision will not apply to its jurisdiction, asreferred to in section 853 (2).

(8.) All affected local governments are entitled to participate in any non-binding resolutionprocesses used to resolve an objection or anticipated objection by an affected localgovernment.

RS1979-290-942.19; 1995-9-7; 1998-30-117; 2000-7-123.

Resolution of anticipated objections858. (1.) Before the end of the 120 days referred to in section 857 (4) (b), the facilitator may

require the proposing board and the affected local governments to identify any issues onwhich they anticipate that acceptance may not be reached.

(2.) If an issue is identified under subsection (1),(a) the facilitator may require the proposing board and the affected local

governments to send representatives to a meeting convened by the facilitator forthe purpose of clarifying the issues involved and encouraging their resolution,and

(b) the proposing board and the affected local governments must provideinformation as requested by the facilitator and must otherwise cooperate with thefacilitator in fulfilling his or her responsibilities.

(3.) For the purposes of this section, the facilitator may extend the period for acceptance orrefusal under section 857 (4) (b) before or after the end of that period.

RS1979-290-942.2; 1995-9-7; 2000-7-124.




Resolution of refusal to accept859. (1.) The proposing board must notify the minister in writing if an affected local government

refuses to accept a proposed regional growth strategy.(2.) After being notified under subsection (1), the minister must

(a) require a non-binding resolution process to attempt to reach acceptance on theregional growth strategy, specifying a time period within which the parties mustbegin the resolution process, or

(b) if satisfied that resolution using a non-binding resolution process underparagraph (a) is unlikely, direct that the regional growth strategy is to be settledunder section 860.

(3.) The choice of non-binding resolution process is to be determined by agreement betweenthe proposing board and the local government or governments that refused to accept theregional growth strategy but, if the minister considers that these parties will not be able toreach agreement, the minister must direct which process is to be used.

(4.) Any affected local government may participate in a non-binding resolution process underthis section.

(5.) Unless otherwise agreed by these parties, the fees of any neutral person participating inthe non-binding resolution process and the administrative costs of the process, otherthan the costs incurred by the parties participating in the process, are to be sharedproportionally between the proposing board and the affected local governments thatparticipate in the process on the basis of the converted value of land and improvementsin their jurisdictions.

(6.) If changes to a regional growth strategy are proposed as a result of a resolution processunder subsection (2) (a), the regional growth strategy must be submitted again to theaffected local governments for acceptance in accordance with section 857.

(7.) If acceptance is not reached within 60 days after a non-binding resolution process underthis section is concluded, the regional growth strategy must be settled under section 860unless the proposing board and the affected local governments can reach an agreementon the provisions of the regional growth strategy before the settlement process iscompleted.

RS1979-290-942.21; 1995-9-7.

Settlement of regional growth strategy

860. (1.) If acceptance by affected local governments cannot otherwise be reached under thisPart, the regional growth strategy is to be settled by one of the following:(a) peer panel settlement in accordance with section 861 (1);(b) final proposal arbitration in accordance with section 861 (2);(c) full arbitration in accordance with section 861 (3).

(2.) If more than one affected local government has refused to accept a regional growthstrategy, whether the refusals are in relation to the same or different issues, the regionalgrowth strategy is to be settled for all affected local governments in the same settlementproceedings.

(3.) The choice of process for settlement is to be determined by agreement between the



proposing board and the local government or governments that refused to accept theregional growth strategy but, if the minister considers that these parties will not be able toreach agreement, the minister must direct which process is to be used.

(4.) Any affected local government may participate in a settlement process under section861.

(5.) During the 60 days after the provisions of a regional growth strategy are settled undersection 861, the proposing board and the affected local governments may agree on theacceptance of a regional growth strategy that differs from the one settled.

(6.) At the end of the period under subsection (5), unless agreement is reached as referredto in that subsection, the provisions of a regional growth strategy as settled under section861 become binding on the proposing board and all affected local governments, whetheror not they participated in the settlement process.

RS1979-290-942.22; 1995-9-7.

Options for settlement process861. (1.) As one option, the provisions of a regional growth strategy may be settled by a peer

panel as follows:(a) the panel is to be composed of 3 persons selected from the applicable list

prepared under section 862 (1);(b) the selection of the panel is to be done by agreement between the proposing

board and the local government or governments that refused to accept theregional growth strategy or, if the minister considers that these parties will not beable to reach agreement, by the minister;

(c) subject to the regulations, the panel may conduct the proceedings in the mannerit determines;

(d) the panel must settle the disputed issues of the regional growth strategy andmay make any changes to the provisions of the regional growth strategy that itconsiders necessary to resolve those issues;

(e) the panel must give written reasons for its decision if this is requested by theproposing board or an affected local government before the panel retires tomake its decision.

(2.) As a second option, the provisions of a regional growth strategy may be settled by finalproposal arbitration by a single arbitrator as follows:(a) the arbitrator is to be selected from the applicable list prepared under section

862 (1);(b) the selection of the arbitrator is to be done by agreement between the proposing


(c) subject to the regulations, the arbitrator must conduct the proceedings on thebasis of a review of written documents and written submissions only, and mustdetermine each disputed issue by selecting one of the final written proposals forresolving that issue submitted by one of the participating parties;

(d) the provisions of the regional growth strategy will be as settled by the arbitratorafter incorporation of the final proposals selected by the arbitrator underparagraph (c);

(e) no written reasons are to be provided by the arbitrator.



(3.) As a third option, the provisions of a regional growth strategy may be settled by fullarbitration by a single arbitrator as follows:(a) the arbitrator is to be selected from the applicable list prepared under section

862 (1);(b) the selection of the arbitrator is to be done by agreement between the proposing


(c) subject to the regulations, the arbitrator may conduct the proceedings in themanner he or she determines;

(d) the provisions of the regional growth strategy will be as settled by the arbitrator,who is not restricted in his or her decision to submissions made by the parties onthe disputed issues;

(e) the arbitrator must give written reasons for the decision.RS1979-290-942.23; 1995-9-7.

General provisions regarding settlement process

862. (1.) Lists of persons who may act on a panel under section 861 (1), as an arbitrator undersection 861 (2) or as an arbitrator under section 861 (3) are to be prepared by theminister in consultation with representatives of the Union of British ColumbiaMunicipalities.

(2.) Persons who may be included on a list for a panel under section 861 (1) are personswho are or have been elected officials of a local government or who, in the opinion of theminister, have appropriate experience in relation to local government matters.

(3.) In the case of a specific regional growth strategy, a person may not be appointed to apanel or as an arbitrator if the person is, or was at any time since the regional growthstrategy was initiated, an elected official of the proposing board or of an affected localgovernment for the regional growth strategy.

(4.) Subject to a direction by the panel or arbitrator or to an agreement between the parties,the fees and reasonable and necessary expenses of the members of a peer panel orarbitrator and the administrative costs of the process, other than the costs incurred bythe parties participating in the process, are to be shared proportionally between theproposing board and the affected local governments that participate in the process onthe basis of the converted value of land and improvements in their jurisdictions.

(5.) The directors of the electoral areas to which the regional growth strategy is proposed toapply and the Provincial government may make representations in the settlementprocess, subject to any conditions set by the panel or arbitrator.

(6.) The time limit for bringing any judicial review of a decision of a panel or arbitrator undersection 861 is the end of the period for agreement under section 860 (5).

(7.) The minister may make regulations regarding settlement processes under section 861,which may be different for different settlement processes, including regulations(a) respecting matters that a panel or arbitrator may or must consider,(b) respecting the authority of a panel or arbitrator to settle a regional growth

strategy, and(c) respecting the authority of a panel or arbitrator to require the cooperation of local

governments in relation to the settlement processes.



RS1979-290-942.24; 1995-9-7; 2000-7-125.

Adoption of regional growth strategy863. (1.) A regional growth strategy must be adopted by bylaw.

(2.) As soon as practicable after adopting a regional growth strategy, the board must send acopy of the regional growth strategy to(a) the affected local governments,(b) any greater boards and improvement districts within the regional district, and(c) the minister.

RS1979-290-942.25; 1995-9-7.

Requirement to adopt finalized regional growth strategy

864. (1.) If a proposed regional growth strategy has been accepted by the affected localgovernments or has become binding under section 860 (6), but has not been adopted bythe proposing board, on the recommendation of the minister, the Lieutenant Governor inCouncil may, by order, specify a time by which the board must adopt the regional growthstrategy.

(2.) If the board does not adopt the regional growth strategy within the period specified undersubsection (1), the Lieutenant Governor in Council may, by order, deem the regionalgrowth strategy to have been adopted by the board, in which case it applies as if it hadbeen adopted by a valid bylaw of the board.

RS1979-290-942.26; 1995-9-7.

Part 25: Division 3 – Effect of Regional Growth Strategy

Regional district must conform with regional growth strategy

865. (1.) All bylaws adopted by a regional district board after the board has adopted a regionalgrowth strategy, and all services undertaken by a regional district after the board hasadopted a regional growth strategy, must be consistent with the regional growth strategy.

(2.) All bylaws adopted by a greater board or an improvement district board after theadoption of a regional growth strategy applicable to its jurisdiction, and all works andservices provided by a greater board or an improvement district board after the adoptionof a regional growth strategy applicable to its jurisdiction, must be consistent with theregional growth strategy.

(3.) A regional growth strategy does not commit or authorize a regional district, municipality,greater board or improvement district to proceed with any project that is specified in theregional growth strategy.

RS1979-290-942.27; 1995-9-7; 1999-37-198.

Requirement for regional context statements in municipal official community plans

866. (1.) If a regional growth strategy applies to all or part of the same area of a municipality as anofficial community plan, the official community plan must include a regional contextstatement that is accepted in accordance with this section by the board of the regional



district for which the regional growth strategy is adopted.(2.) A regional context statement under subsection (1) must specifically identify

(a) the relationship between the official community plan and the matters referred toin section 850 (2) and any other regional matters included under section 850 (3),and

(b) if applicable, how the official community plan is to be made consistent with theregional growth strategy over time.

(3.) A regional context statement under subsection (1) and the rest of the official communityplan must be consistent.

(4.) The council must(a) submit a proposed regional context statement required under this section for

acceptance by the board,(b) submit any amendments to the regional context statement for acceptance by the

board, and(c) review the regional context statement at least once every 5 years after its latest

acceptance by the board and, if no amendment is proposed, submit thestatement to the board for its continued acceptance.

(5.) For the purpose of subsection (4), the board must respond by resolution within 120 daysafter receipt indicating whether or not it accepts the regional context statement oramendment and, if the board refuses to accept the regional context statement oramendment, indicating(a) each provision to which it objects, and(b) the reasons for its objection.

(6.) If the board fails to act under subsection (5) within the period for acceptance or refusalunder that subsection, the board is deemed to have accepted the regional contextstatement or amendment.

(7.) Sections 859 to 862 and 864 apply regarding the acceptance and adoption of a regionalcontext statement.

(8.) After a regional growth strategy is adopted, the requirement under subsection (1) mustbe fulfilled by the applicable council submitting a proposed regional context statement tothe board within 2 years after the regional growth strategy is adopted.

RS1979-290-942.28; 1995-9-7.


Intergovernmental advisory committees867. (1.) A board may establish an intergovernmental advisory committee for its regional district

and must establish an intergovernmental advisory committee for its regional district whena regional growth strategy is initiated.

(2.) The role of an intergovernmental advisory committee is(a) to advise the applicable local governments on the development and

implementation of the regional growth strategy, and(b) to facilitate coordination of Provincial and local government actions, policies and

programs as they relate to the development and implementation of the regionalgrowth strategy.

(3.) The membership of an intergovernmental advisory committee is to include the following:



(a) the planning director of the regional district, or another official appointed by theboard;

(a.1) for the purposes of an intergovernmental advisory committee established in theGreater Vancouver Regional District, the planning director of the GreaterVancouver Transportation Authority or another official appointed by the board ofdirectors of that authority;

(b) the planning director, or another official appointed by the applicable council, ofeach municipality all or part of which is covered by the regional growth strategy;

(c) senior representatives of the Provincial government and Provincial governmentagencies and corporations, determined by the minister after consultation with theboard;

(d) representatives of other authorities and organizations if invited to participate bythe board.

RS1979-290-942.29; 1995-9-7; 1998-30-118.

Implementation agreements868. (1.) Without limiting section 176 [corporate powers] of this Act or section 8 (1) [natural person

powers] of the Community Charter, a local government may enter into agreementsrespecting the coordination of activities relating to the implementation of a regionalgrowth strategy.

(2.) For the purposes of this section, the Provincial government may enter into agreementsunder subsection (1) respecting Provincial commitments to act consistently with aregional growth strategy and to take actions necessary to implement a regional growthstrategy.

(3.) In addition to agreements with the Provincial government and its agencies, agreementsunder subsection (1) may be made with the federal government and its agencies, otherlocal governments, first nations, school district boards, greater boards, the GreaterVancouver Transportation Authority improvement district boards and other localauthorities.

RS1979-290-942.3; 1995-9-7; 1998-34-193; 1998-30-119; 2003-52-379.

Regular reports and review of regional growth strategy

869. (1.) A regional district that has adopted a regional growth strategy must(a) establish a program to monitor its implementation and the progress made

towards its objectives and actions, and(b) prepare an annual report on that implementation and progress.

(2.) At least once every 5 years, a regional district that has adopted a regional growthstrategy must consider whether the regional growth strategy must be reviewed forpossible amendment.

(3.) For the purposes of subsection (2), the regional district must provide an opportunity forinput on the need for review from the persons, organizations and authorities referred toin section 855 (2).

RS1979-290-942.31; 1995-9-7.

Provincial policy guidelines870. (1.) The minister may establish policy guidelines regarding the process of developing and



adopting regional growth strategies and official community plans.(2.) The minister, or the minister together with other ministers, may establish policy

guidelines regarding the content of regional growth strategies and official communityplans.

(3.) Guidelines under subsection (1) or (2) may only be established after consultation by theminister with representatives of the Union of British Columbia Municipalities.

RS1979-290-942.32; 1995-9-7.

Minister may require official community plans and land use bylaws

871. After a regional growth strategy has been adopted, the minister may require amunicipality or regional district to adopt, within a time specified by the minister, an officialcommunity plan, a zoning bylaw or a subdivision servicing bylaw for an area that iscovered by the regional growth strategy and to which no such plan or bylaw currentlyapplies.

RS1979-290-942.33; 1995-9-7; 2000-7-126.



PART 26 – PLANNING AND LAND USE MANAGEMENT



"adopt" , in relation to a bylaw or an official community plan, includes an amendment or repeal;

"density" , in relation to land, a parcel of land or an area, means(a) the density of use of the land, parcel or area, or(b) the density of use of any buildings and other structures located on the land or

parcel, or in the area;

"farm business" , “farm operation” and “farmer” have the same meanings as in the FarmPractices Protection (Right to Farm) Act;

"farming area" means an area of land(a) that is in an agricultural land reserve as defined in the Agricultural Land

Commission Act,(b) that is designated as a farming area under the Farm Practices Protection (Right

to Farm) Act, or(c) in relation to which a person holds a valid and subsisting licence under the

Fisheries Act to carry on the business of aquaculture;

"subdivision" means(a) a subdivision as defined in the Land Title Act, and(b) a subdivision under the Strata Property Act.

RS1979-290-943, 949(2); 1985-79-8; 1987-14-9; 1989-33-11; 1993-54-48; 1994-40-52; 1995-9-8; 1995-23-16; 1998-34-194; 1998-43-311

(B.C.Reg. 43/2000); 2000-7-128; 2003-49-4; 2003-52-380.

Authority under Part873. Unless express authority is given by another provision of this Part,

(a) the authority of a municipality under this Part is limited to the municipality, and(b) the authority of a regional district under this Part is limited to that part of the

regional district that is not in a municipality.2000-7-129.

Rural land use bylaws873.1 (1.) A rural land use bylaw adopted under section 886, before that section was repealed by

the Local Government Statutes Amendment Act, 2000, is deemed to be a general bylawunder section 138 [municipal codes and other general bylaws] of the Community Charter.



(2.) The provisions of a rural land use bylaw are deemed to be provisions of an officialcommunity plan, zoning bylaw or subdivision servicing bylaw, as applicable dependingon their nature, included in a general bylaw.

(3.) Section 876 (2) (a) [OCP to be included as schedule to adopting bylaw] does not apply toa rural land use bylaw.

2000-7-129; 2003-52-381.

Ministerial orders874. (1.) If a bylaw has been enacted by a local government under Division 2, 7, 9 or 11 of this

Part, and the minister believes that all or part of the bylaw is contrary to the publicinterest of British Columbia, the minister may notify the local government(a) of the minister’s objections to the bylaw or a plan, and(b) that the council or the board must, within 90 days after receipt of the notice, alter

the bylaw or plan accordingly.(2.) If the local government does not alter the bylaw or plan in accordance with the notice,

the minister may, with the prior approval of the Lieutenant Governor in Council, order thebylaw or plan to be altered in accordance with the notice.

(3.) On the date of an order of the minister under subsection (2), the bylaw or plan isconclusively deemed to be altered in accordance with the notice.

(4.) An order of the minister under subsection (2) is final and binding.RS1979-290-942; 1984-25-34; 1985-79-7; 1993-38-26; 2000-7-130.

Part 26: Division 2 – Official Community Plans


Purposes of official community plans875. (1.) An official community plan is a statement of objectives and policies to guide decisions on

planning and land use management, within the area covered by the plan, respecting thepurposes of local government.

(2.) To the extent that it deals with these matters, an official community plan should worktowards the purpose and goals referred to in section 849 [regional growth strategy goals].

2000-7-131.

Authority to adopt by bylaw876. (1.) A local government may, by bylaw, adopt one or more official community plans.

(2.) An official community plan(a) must be included in the adopting bylaw as a schedule, and(b) must designate the area covered by the plan.

(3.) In developing an official community plan, the local government must consider anyapplicable guidelines under section 870 [provincial policy guidelines].

2000-7-131.

Required content



877. (1.) An official community plan must include statements and map designations for the areacovered by the plan respecting the following:(a) the approximate location, amount, type and density of residential development

required to meet anticipated housing needs over a period of at least 5 years;(b) the approximate location, amount and type of present and proposed commercial,

industrial, institutional, agricultural, recreational and public utility land uses;(c) the approximate location and area of sand and gravel deposits that are suitable

for future sand and gravel extraction;(d) restrictions on the use of land that is subject to hazardous conditions or that is

environmentally sensitive to development;(e) the approximate location and phasing of any major road, sewer and water

systems;(f) the approximate location and type of present and proposed public facilities,

including schools, parks and waste treatment and disposal sites;(g) other matters that may, in respect of any plan, be required or authorized by the

minister.(2.) An official community plan must include housing policies of the local government

respecting affordable housing, rental housing and special needs housing.RS1979-290-945(2) and (2.1); 1985-79-8; 1987-14-11; 1992-15-1; 1993-59-29; 1994-43-65; 1994-52-105; 1995-9-9; 1995-23-17; 2000-7-132.

Policy statements in official community plans878. (1.) An official community plan may include the following:

(a) policies of the local government relating to social needs, social well-being andsocial development;

(b) a regional context statement, consistent with the rest of the community plan, ofhow matters referred to in section 850 (2) (a) to (c), and other matters dealt within the community plan, apply in a regional context;

(c) policies of the local government respecting the maintenance and enhancementof farming on land in a farming area or in an area designated for agricultural usein the community plan;

(d) policies of the local government relating to the preservation, protection,restoration and enhancement of the natural environment, its ecosystems andbiological diversity.

(2.) If a local government proposes to include a matter in an official community plan, theregulation of which is not within the jurisdiction of the local government, the plan mayonly state the broad objective of the local government with respect to that matter unlessthe minister has, under section 877 (1) (g), required or authorized the local governmentto state a policy with respect to that matter.

RS1979-290-945(2.2), (2.3), (5); 1985-79-8; 1987-14-11; 1992-15-1; 1993-59-29; 1994-43-65; 1994-52-105; 1995-9-9; 1995-23-17; 1997-24-6

(B.C.Reg. 354/97); 1999-37-199; 2000-7-133.

Consultation during OCP development879. (1.) During the development of an official community plan, or the repeal or amendment of an

official community plan, the proposing local government must provide one or moreopportunities it considers appropriate for consultation with persons, organizations andauthorities it considers will be affected.



(2.) For the purposes of subsection (1), the local government must(a) consider whether the opportunities for consultation with one or more of the

persons, organizations and authorities should be early and ongoing, and(b) specifically consider whether consultation is required with

(i) the board of the regional district in which the area covered by the plan islocated, in the case of a municipal official community plan,

(ii) the board of any regional district that is adjacent to the area covered bythe plan,

(iii) the council of any municipality that is adjacent to the area covered by theplan,

(iv) first nations,(v) school district boards, greater boards and improvement district boards,

and(vi) the Provincial and federal governments and their agencies.

(3.) Consultation under this section is in addition to the public hearing required under section882 (3) (d).

2000-7-135.




Planning of school facilities881. (1.) If a local government has adopted or proposes to adopt or amend an official community

plan for an area that includes the whole or any part of one or more school districts, thelocal government must consult with the school boards for those school districts(a) at the time of preparing or amending the community plan, and(b) in any event, at least once in each calendar year.

(2.) For consultation under subsection (1), the local government must seek the input of theschool boards as to the following:(a) the actual and anticipated needs for school facilities and support services in the

school districts;(b) the size, number and location of the sites anticipated to be required for the

school facilities referred to in paragraph (a);(c) the type of school anticipated to be required on the sites referred to in paragraph

(b);(d) when the school facilities and support services referred to in paragraph (a) are

anticipated to be required;(e) how the existing and proposed school facilities relate to existing or proposed

community facilities in the area.



RS1979-290-945.1; 1993-6-18; 2000-7-136.

Adoption procedures882. (1.) An official community plan must be adopted by bylaw in accordance with this section.

(2.) Each reading of a bylaw under subsection (1) must receive,(a) in the case of a municipal bylaw, an affirmative vote of a majority of all council

members, and(b) in the case of a regional district bylaw, an affirmative vote of a majority of all

directors entitled under section 791 [voting on resolutions and bylaws] to vote onthe bylaw.

(3.) After first reading of a bylaw under subsection (1), the local government must, insequence, do the following:(a) consider the plan in conjunction with

(i) its financial plan, and(ii) any waste management plan that is applicable in the municipality or

regional district;(b) Repealed. [2000-7-139](c) if the plan applies to land in an agricultural land reserve established under the

Agricultural Land Commission Act, refer the plan to the Provincial AgriculturalLand Commission for comment;

(d) hold a public hearing on the proposed official community plan in accordance withDivision 4 [Public Hearings on Bylaws].

(4.) Unless exempted under subsection (6), a regional district bylaw under subsection (1)may only be adopted with the approval of the minister.

(5.) In addition to the requirements under subsection (3), a local government may consider aproposed official community plan in conjunction with any other land use planning andwith any social, economic, environmental or other community planning and policies thatthe local government considers relevant.

(6.) The minister may make regulations doing one or more of the following:(a) in relation to subsection (3),

(i) defining areas for which and describing circumstances in which referralto the Agricultural Land Commission under subsection (3) (c) is notrequired, and

(ii) providing that an exception under subparagraph (i) is subject to theterms and conditions specified by the minister;

(b) in relation to subsection (4),(i) defining areas for which and describing circumstances in which approval

by the minister under that subsection is not required, and(ii) providing that an exception under subparagraph (i) is subject to the

terms and conditions specified by the minister.(7.) Regulations under subsection (6) (b) may be different for different regional districts,

different areas and different circumstances.2000-7-137 to 139; 2002-36-85 (B.C.Reg. 171/2002).




Effect of official community plans884. (1.) An official community plan does not commit or authorize a municipality, regional district

or improvement district to proceed with any project that is specified in the plan.(2.) All bylaws enacted or works undertaken by a council, board or greater board, or by the

trustees of an improvement district, after the adoption of(a) an official community plan, or(b) an official community plan under section 711 of the Municipal Act, R.S.B.C.

1979, c. 290, or an official settlement plan under section 809 of that Act beforethe repeal of those sections became effective,

must be consistent with the relevant plan.RS1979-290-949(1) and (2); 1985-79-8; 1987-14-14.


Part 26: Division 3


Part 26: Division 4 – Public Hearings on Bylaws

Public hearings890. (1.) Subject to subsection (4), a local government must not adopt an official community plan

bylaw or a zoning bylaw without holding a public hearing on the bylaw for the purpose ofallowing the public to make representations to the local government respecting matterscontained in the proposed bylaw.

(2.) The public hearing must be held after first reading of the bylaw and before third reading.(3.) At the public hearing all persons who believe that their interest in property is affected by

the proposed bylaw must be afforded a reasonable opportunity to be heard or to presentwritten submissions respecting matters contained in the bylaw that is the subject of thehearing.

(3.1) Subject to subsection (3), the chair of the public hearing may establish procedural rulesfor the conduct of the hearing.

(4.) A local government may waive the holding of a public hearing on a proposed bylaw if(a) an official community plan is in effect for the area that is subject to a proposed

zoning bylaw, and(b) the proposed bylaw is consistent with the plan.

(5.) More than one bylaw may be included in one notice of public hearing, and more than onebylaw may be considered at a public hearing.

(6.) A written report of each public hearing, containing a summary of the nature of therepresentations respecting the bylaw that were made at the hearing, must be preparedand maintained as a public record.



(7.) A report under subsection (6) must be certified as being fair and accurate by the personpreparing the report and, if applicable, by the person to whom the hearing was delegatedunder section 891.

(8.) A public hearing may be adjourned and no further notice of the hearing is necessary ifthe time and place for the resumption of the hearing is stated to those present at the timethe hearing is adjourned.

(9.) Despite section 135 [requirements for passing bylaws] of the Community Charter, acouncil may adopt an official community plan or zoning bylaw at the same meeting atwhich the plan or bylaw passed third reading.

RS1979-290-956; 1985-79-8; 1987-14-20; 1994-52-106; 2000-7-142; 2003-52-382.

Delegating the holding of public hearings

891. (1.) If a local government makes a delegation in relation to one or more public hearings,(a) that delegation does not apply to a hearing unless the notice of hearing under

section 892 includes notice that the hearing is to be held by a delegate, and(b) the resolution or bylaw making the delegation must be available for public

inspection along with copies of the bylaw referred to in section 892 (2) (e).(2.) If the holding of a public hearing is delegated, the local government must not adopt the

bylaw that is the subject of the hearing until the delegate reports to the local government,either orally or in writing, the views expressed at the hearing.

1998-34-196; 2003-52-383.

Notice of public hearing892. (1.) If a public hearing is to be held under section 890 (1), the local government must give

notice of the hearing(a) in accordance with this section, and(b) in the case of a public hearing on an official community plan that includes a

schedule under section 970.1 (3) (b), in accordance with section 974.(2.) The notice must state the following:

(a) the time and date of the hearing;(b) the place of the hearing;(c) in general terms, the purpose of the bylaw;(d) the land or lands that are the subject of the bylaw;(e) the place where and the times and dates when copies of the bylaw may be

inspected.(3.) The notice must be published in at least 2 consecutive issues of a newspaper, the last

publication to appear not less than 3 and not more than 10 days before the publichearing.

(4.) If the bylaw in relation to which the notice is given alters the permitted use or density ofany area, the notice must(a) subject to subsection (5), include a sketch that shows the area that is the subject

of the bylaw alteration, including the name of adjoining roads if applicable, and(b) be mailed or otherwise delivered at least 10 days before the public hearing

(i) to the owners as shown on the assessment roll as at the date of the firstreading of the bylaw, and

(ii) to any tenants in occupation, as at the date of the mailing or delivery of



the notice,of all parcels, any part of which is the subject of the bylaw alteration or is within adistance specified by bylaw from that part of the area that is subject to the bylawalteration.

(5.) If the location of the land can be clearly identified in the notice in a manner other than asketch, it may be identified in that manner.

(6.) The obligation to deliver a notice under subsection (4) must be considered satisfied if areasonable effort was made to mail or otherwise deliver the notice.

(7.) Subsection (4) does not apply if 10 or more parcels owned by 10 or more persons arethe subject of the bylaw alteration.

(8.) In respect of public hearings being held under section 890 (1) or waived under section890 (4), a local government may, by bylaw,(a) require the posting of a notice on land that is the subject of a bylaw, and(b) specify the size, form and content of the notice and the manner in which and the

locations where it must be posted.(9.) Specifications under subsection (8) (b) may be different for different areas, zones, uses

within a zone and parcel sizes.RS1979-290-957; 1985-79-8; 1987-14-21; 1992-18-88; 1994-43-68; 2000-7-143.

Notice if public hearing waived893. (1.) If a local government waives the holding of a public hearing under section 890 (4), it

must give notice in accordance with this section.(2.) The notice must state

(a) in general terms, the purpose of the bylaw,(b) the land or lands that are the subject of the bylaw, and(c) the place where and the times and dates when copies of the bylaw may be

inspected.(3.) Section 892 (3) to (7) applies to a notice under subsection (2), except that

(a) the last publication under section 892 (3) is to be not less than 3 and not morethan 10 days before the bylaw is given third reading, and

(b) the delivery under section 892 (4) (b) is to be at least 10 days before the bylaw isgiven third reading.

(4.) Repealed. [2000-7-144](5.) Repealed. [2000-7-144](6.) Repealed. [2000-7-144](7.) Repealed. [2000-7-144]

RS1979-290-958; 1985-79-8; 1987-14-22; 1992-18-89; 2000-7-144.

Procedure after a public hearing894. (1.) After a public hearing, the council or board may, without further notice or hearing,

(a) adopt or defeat the bylaw, or(b) alter and then adopt the bylaw, provided that the alteration does not

(i) alter the use,(ii) increase the density, or(iii) without the owner’s consent, decrease the densityof any area from that originally specified in the bylaw.

(2.) A member of a council or board who



(a) is entitled to vote on a bylaw, and(b) was not present at the public hearingmay vote on the adoption of a bylaw that was the subject of a public hearing, providedthat an oral or written report of the public hearing has been given to the member by anofficer or employee of the local government or a director who held a hearing delegatedunder section 891.

(3.) After a public hearing under section 890 (1) or third reading following notice undersection 893, a court must not quash or declare invalid the bylaw on the grounds that anowner or occupier(a) did not see or receive the notice under section 892 or 893, if the court is satisfied

that there was a reasonable effort to mail or otherwise deliver the notice, or(b) who attended the public hearing or who can otherwise be shown to have been

aware of the hearing, did not see or receive the notice, and was not prejudicedby not seeing or receiving it.

RS1979-290-959; 1985-79-8; 1987-14-23, 24; 1989-59-16; 1994-52-108.

Part 26: Division 5 – Public Information and Advisory Commission

Development approval procedures

895. (1.) A local government that has adopted an official community plan bylaw or a zoning bylawmust, by bylaw, define procedures under which an owner of land may apply for anamendment to the plan or bylaw or for the issue of a permit under this Part.

(2.) A local government must consider every application for(a) an amendment to a plan or bylaw referred to in subsection (1), or(b) the issue of a permit under this Part that requires a resolution of a council or

board.(3.) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit

may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3of the local government members eligible to vote on the reapplication.

RS1979-290-954; 1994-43-67; 2000-7-145.

Information that must be available to the public

896. (1.) A local government must maintain a current list of the following:(a) every bylaw in effect under this Part and Part 27 and a general description of the

purpose of the bylaw;(b) every bylaw under this Part and Part 27 that has been given first reading, a

general description of the bylaw and its current status;(c) every permit issued under this Part and Part 27.

(2.) A list under subsection (1) must be available for public inspection at the localgovernment offices during their regular business hours.

(3.) Non-compliance with subsection (1) or (2), or any inaccuracy in a list, does not affect thevalidity of a bylaw or permit referred to in subsection (1).

RS1979-290-954.1; 1994-43-67.




Advisory planning commission898. (1.) A council may, by bylaw, establish an advisory planning commission to advise council on

all matters respecting land use, community planning or proposed bylaws and permitsunder Divisions 2, 7, 9 and 11 of this Part that are referred to it by the council.

(2.) A board may, by bylaw, establish an advisory planning commission for one or moreelectoral areas or portions of an electoral area to advise the board, or a director of theboard representing the electoral area, on all matters referred to it by the board or by thatdirector respecting land use, the preparation and adoption of an official community planor a proposed bylaw or permit that may be enacted or issued under this Part.

(3.) The bylaw establishing an advisory planning commission must provide for(a) the composition of and the manner of appointing members to the commission,(b) the procedures governing the conduct of the commission, and(c) the referral of matters to the advisory planning commission.

(4.) At least 2/3 of the members of an advisory planning commission must be residents of themunicipality or the electoral area.

(5.) A council member, board director, employee or officer of the local government, or anapproving officer, is not eligible to be a member of an advisory planning commission, butmay attend at a meeting of the commission in a resource capacity.

(6.) The members of an advisory planning commission must serve without remuneration, butmay be paid reasonable and necessary expenses that arise directly out of theperformance of their duties.

(7.) Repealed. [1999-37-202](8.) If an advisory planning commission is established, minutes of all of its meetings must be

kept and, on request, made available to the public.(9.) If the commission is considering an amendment to a plan or bylaw, or the issue of a

permit, the applicant for the amendment or permit is entitled to attend meetings of thecommission and be heard.

RS1979-290-955; 1985-79-8; 1987-14-19; 1999-37-202; 2000-7-147.

Part 26: Division 6 – Board of Variance

Establishment of board of variance899. (1.) A local government that has adopted a zoning bylaw must, by bylaw, establish a board of

variance.(2.) If the population of a municipality is 25 000 or less, the board of variance for the

municipality is to consist of 3 persons appointed by the council.(3.) If the population of a municipality is more than 25 000, the board of variance for the

municipality is to consist of 5 persons appointed by the council.(4.) A board may establish one or more boards of variance, but, if more than one board of

variance is established, the bylaw establishing them must specify the area of the regionaldistrict over which each board of variance is to have jurisdiction and those areas mustnot overlap.



(5.) Each board of variance in a regional district is to consist of 3 persons appointed by theboard.

(5.1) Two or more local governments may satisfy the obligation under subsection (1) by jointlyestablishing a board of variance by bylaw adopted by all participating local governments.

(5.2) The bylaw in subsection (5.1) must(a) specify the area of jurisdiction for the board of variance, which may be all or part

of the participating local governments, but must not overlap with the area ofjurisdiction of any other board of variance, and

(b) establish rules for(i) appointment and removal of members of the board of variance, and(ii) appointment and removal of a chair of the board of variance,which apply in place of those established by this section and section 900.

(5.3) As an exception to subsections (2) to (5) in relation to a board of variance establishedunder subsection (5.1),(a) if a municipality is one of the participating local governments, the board of

variance is to consist of(i) 3 persons, if the population of the area of the jurisdiction of the board of

variance is 25 000 or less, or(ii) 5 persons, if the population of the area of the jurisdiction of the board of

variance is more than 25 000, and(b) if a municipality is not one of the participating local governments, a board of

variance is to consist of 3 persons.(6.) Subject to subsection (9) and to the rules established under subsection (5.2) (b) (i), an

appointment to a board of variance is for the later of(a) 3 years, and(b) if no successor has been appointed at the end of the 3 year period, until the time

that a successor is appointed.(7.) A person who is

(a) a member of the advisory planning commission or of the local government, or(b) an officer or employee of the local governmentis not eligible to be appointed to a board of variance.

(8.) If a member of a board of variance ceases to hold office, the person’s successor is to beappointed in the same manner as the member who ceased to hold office, and, until theappointment of the successor, the remaining members constitute the board of variance.

(9.) A local government may rescind an appointment to a board of variance at any time.(10.) Repealed. [2003-15-15 (g)](11.) Members of a board of variance must not receive compensation for their services as

members, but must be paid reasonable and necessary expenses that arise directly out ofthe performance of their duties.

(12.) A local government must provide in its annual budget for the necessary funds to pay forthe costs of the board.

RS1979-290-961(1) to (6), (9) to (11), (13), (14); 1985-79-8; 1987-14-25; 2000-7-148; 2003-15-15.

Chair and procedures900. (1.) The members of a board of variance must elect one of their number as chair.

(2.) The chair may appoint a member of the board of variance as acting chair to preside inthe absence of the chair.



(3.) A bylaw establishing a board of variance must set out the procedures to be followed bythe board of variance, including the manner by which appeals are to be brought andnotices under section 901 (4) are to be given.

(4.) A board of variance must maintain a record of all its decisions and must ensure that therecord is available for public inspection during normal business hours.

RS1979-290-961(7), (8), (12), 962(10); 1985-79-8; 1987-14-25.

Variance or exemption to relieve hardship

901. (1.) A person may apply to a board of variance for an order under subsection (2) if theperson alleges that compliance with any of the following would cause the personhardship:(a) a bylaw respecting the siting, dimensions or size of a building or structure, or the

siting of a manufactured home in a manufactured home park;(b) a bylaw under section 8 (3) (c) [fundamental powers - trees] of the Community

Charter, other than a bylaw that has an effect referred to in section 50 (2) [restrictions on authority - preventing all uses] of that Act if the council has takenaction under subsection (3) of that section to compensate or mitigate thehardship that is caused to the person;

(c) the prohibition of a structural alteration or addition under section 911 (5);(d) a subdivision servicing requirement under section 938 (1) (c) in an area zoned

for agricultural or industrial use.(2.) On an application under subsection (1), the board of variance may order that a minor

variance be permitted from the requirements of the bylaw, or that the applicant beexempted from section 911 (5), if the board of variance(a) has heard the applicant and any person notified under subsection (4),(b) finds that undue hardship would be caused to the applicant if the bylaw or

section 911 (5) is complied with, and(c) is of the opinion that the variance or exemption does not

(i) result in inappropriate development of the site,(i.1) adversely affect the natural environment,(ii) substantially affect the use and enjoyment of adjacent land,(iii) vary permitted uses and densities under the applicable bylaw, or(iv) defeat the intent of the bylaw.

(3.) The board of variance must not make an order under subsection (2) that would do any ofthe following:(a) be in conflict with a covenant registered under section 219 of the Land Title Act

or section 24A of the Land Registry Act, R.S.B.C. 1960, c. 208;(b) deal with a matter that is covered in a permit under Division 9 of this Part or

covered in a land use contract;(c) deal with a flood plain specification under section 910 (2);(d) apply to a property

(i) for which an authorization for alterations is required under Part 27,(ii) that is scheduled under section 970.1 (3) (b) or contains a feature or

characteristic identified under section 970.1 (3) (c), or(iii) for which a heritage revitalization agreement under section 966 is in

effect.



(4.) If a person makes an application under subsection (1), the board of variance must notifyall owners and tenants in occupation of(a) the land that is the subject of the application, and(b) the land that is adjacent to land that is the subject of the application.

(5.) A notice under subsection (4) must state the subject matter of the application and thetime and place where the application will be heard.

(6.) The obligation to give notice under subsection (4) must be considered satisfied if theboard of variance made a reasonable effort to mail or otherwise deliver the notice.

(7.) In relation to an order under subsection (2),(a) if the order sets a time within which the construction of the building, structure or

manufactured home park must be completed and the construction is notcompleted within that time, or

(b) if that construction is not substantially started within 2 years after the order wasmade, or within a longer or shorter time period established by the order,

the permission or exemption terminates and the bylaw or section 911 (5), as the casemay be, applies.

(8.) A decision of the board of variance under subsection (2) is final.RS1979-290-962(1), (2), (4) to (7), (9); 1985-79-8; 1987-14-26; 1989-40-161; 1990-53-12; 1992-18-90; 1992-79-7; 1994-43-69; 1994-52-109;

1997-24-9 (B.C.Reg. 354/97); 2000-7-149(b) and (c); 2003-52-384.

Extent of damage preventing reconstruction as non-conforming use

902. (1.) A person may apply to a board of variance for an order under subsection (2) if theperson alleges that the determination by a building inspector of the amount of damageunder section 911 (8) is in error.

(2.) On an application under subsection (1), the board of variance may set aside thedetermination of the building inspector and make the determination under section 911 (8)in its place.

(3.) The applicant or the local government may appeal a decision of the board of varianceunder subsection (2) to the Supreme Court.

RS1979-290-962(1)(b), (3), (8); 1985-79-8; 1987-14-26; 1989-40-161; 1990-53-12; 1992-18-90; 1992-79-7; 1994-43-69; 1994-52-109.

Part 26: Division 7 – Zoning and Other Development Regulation


Zoning bylaws903. (1.) A local government may, by bylaw, do one or more of the following:

(a) divide the whole or part of the municipality or regional district into zones, nameeach zone and establish the boundaries of the zones;

(b) limit the vertical extent of a zone and provide other zones above or below it;(c) regulate within a zone

(i) the use of land, buildings and other structures,(ii) the density of the use of land, buildings and other structures,



(iii) the siting, size and dimensions of(A) buildings and other structures, and(B) uses that are permitted on the land, and

(iv) the location of uses on the land and within buildings and otherstructures;

(d) regulate the shape, dimensions and area, including the establishment ofminimum and maximum sizes, of all parcels of land that may be created bysubdivision, in which case(i) the regulations may be different for different areas, and(ii) the boundaries of those areas need not be the same as the boundaries

of zones created under paragraph (a).(2.) The authority under subsection (1) may be exercised by incorporating in the bylaw maps,

plans, tables or other graphic material.(3.) The regulations under subsection (1) may be different for one or more of the following,

as specified in the bylaw:(a) different zones;(b) different uses within a zone;(c) different locations within a zone;(d) different standards of works and services provided;(e) different siting circumstances;(f) different protected heritage properties.

(4.) The power to regulate under subsection (1) includes the power to prohibit any use oruses in a zone.

(5.) Despite subsections (1) to (4) but subject to subsection (6), a local government must notexercise the powers under this section to prohibit or restrict the use of land for a farmbusiness in a farming area unless the local government receives the approval of theminister responsible for the administration of the Farm Practices Protection (Right toFarm) Act.

(6.) The minister responsible for the Farm Practices Protection (Right to Farm) Act maymake regulations(a) defining areas for which and describing circumstances in which approval under

subsection (5) is not required, and(b) providing that an exception under paragraph (a) is subject to the terms and

conditions specified by that minister.(7.) Regulations under subsection (6) may be different for different regional districts, different

municipalities, different areas and different circumstances.RS1979-290-963; 1993-58-4; 1994-43-70; 1995-23-19; 2000-7-151; 2003-52-385.

Zoning for amenities and affordable housing

904. (1.) A zoning bylaw may(a) establish different density regulations for a zone, one generally applicable for the

zone and the other or others to apply if the applicable conditions underparagraph (b) are met, and

(b) establish conditions in accordance with subsection (2) that will entitle an ownerto a higher density under paragraph (a).

(2.) The following are conditions that may be included under subsection (1) (b):



(a) conditions relating to the conservation or provision of amenities, including thenumber, kind and extent of amenities;

(b) conditions relating to the provision of affordable and special needs housing, assuch housing is defined in the bylaw, including the number, kind and extent ofthe housing;

(c) a condition that the owner enter into a housing agreement under section 905before a building permit is issued in relation to property to which the conditionapplies.

(3.) A zoning bylaw may designate an area within a zone for affordable or special needshousing, as such housing is defined in the bylaw, if the owners of the property coveredby the designation consent to the designation.

RS1979-290-963.1; 1993-58-4; 1994-43-71.

Housing agreements for affordable and special needs housing

905. (1.) A local government may, by bylaw, enter into a housing agreement under this section.(2.) A housing agreement may include terms and conditions agreed to by the local

government and the owner regarding the occupancy of the housing units identified in theagreement, including but not limited to terms and conditions respecting one or more ofthe following:(a) the form of tenure of the housing units;(b) the availability of the housing units to classes of persons identified in the

agreement or the bylaw under subsection (1) for the agreement;(c) the administration and management of the housing units, including the manner

in which the housing units will be made available to persons within a classreferred to in paragraph (b);

(d) rents and lease, sale or share prices that may be charged, and the rates atwhich these may be increased over time, as specified in the agreement or asdetermined in accordance with a formula specified in the agreement.

(3.) A housing agreement may not vary the use or density from that permitted in theapplicable zoning bylaw.

(4.) A housing agreement may only be amended by bylaw adopted with the consent of theowner.

(5.) If a housing agreement is entered into or amended, the local government must file in theland title office a notice that the land described in the notice is subject to the housingagreement.

(6.) Once a notice is filed under subsection (5), the housing agreement and, if applicable, theamendment to it is binding on all persons who acquire an interest in the land affected bythe agreement, as amended if applicable.

(7.) On filing under subsection (5), the registrar must make a note of the filing against the titleto the land affected but, in the event of any omission, mistake or misfeasance by theregistrar or the staff of the registrar in relation to the making of a note of the filing,(a) neither the registrar nor the Provincial government is liable vicariously, and(b) neither the assurance fund nor the Attorney General, as a nominal defendant, is

liable under Part 20 of the Land Title Act.(8.) The Lieutenant Governor in Council may prescribe fees for the filing of notices under

subsection (5), and section 386 of the Land Title Act applies in respect of those fees.



RS1979-290-963.2; 1993-58-4; 1998-34-197.

Parking space requirements906. (1.) A local government may, by bylaw, require owners or occupiers of any land, building or

structure to provide off-street parking and loading spaces for the use, building orstructure, including spaces for use by disabled persons, and may(a) classify uses, buildings and other structures and differentiate and discriminate

between classes with respect to the amount of space provided,(b) exempt from any requirement of a bylaw made under this subsection or

subsections (2) and (3),(i) a class of use, building or structure, or(ii) a use, building or structure existing at the time of the adoption of a bylaw

under this subsection,(c) impose different requirements for different areas and zones or different uses

within a zone, and(d) establish design standards, including the size, surfacing, lighting and numbering

of the spaces.(2.) A bylaw under subsection (1) may

(a) permit off-street parking spaces to be provided, other than on the site of the use,building or structure, under conditions that are specified in the bylaw, or

(b) permit, at the option of the owner or occupier of the land, building or structure,the payment to the municipality or regional district of an amount of moneyspecified in the bylaw, instead of the provision of off-street parking spaces, incases where the municipality or regional district owns and operates a parkingfacility within a distance specified in the bylaw from the use, building or structure.

(3.) The money referred to in subsection (2) (b) is payable at the time(a) when the building permit is issued for the building or structure that is being put to

the use that requires the parking space specified in the bylaw, or(b) if no building permit is required, when the use that requires the parking space

specified in the bylaw begins.(4.) The municipality or regional district must pay the money paid under subsection (3) into a

reserve fund established for the provision of new and existing off-street parking spaces,and must use these funds only for that purpose.

(5.) Repealed. [1997-25-145](6.) A bylaw under subsection (1) (a) does not apply with respect to land or a building or

structure existing at the time the bylaw came into force, so long as the land, building orstructure continues to be put to a use that does not require more parking or loadingspaces than were required for the use existing at the time the bylaw came into force.

RS1979-290-964; 1985-79-8; 1987-14-28; 1997-25-145; 2003-52-386.

Runoff control requirement907. (1.) A local government may, by bylaw, require that an owner of land who carries out

construction of a paved area or roof area, manage and provide for the ongoing disposalof surface runoff and storm water in accordance with the requirements of the bylaw.

(2.) A local government may, by bylaw, establish the maximum percentage of the area ofland that can be covered by impermeable material.

(3.) A bylaw under subsection (1) or (2) may be different for



(a) different zones,(b) different uses in zones,(c) different areas in zones,(d) different sizes of paved or roof areas, and(e) different terrain and surface water or groundwater conditions.

1997-24-10 (B.C.Reg. 354/97).

Regulation of signs908. (1.) Subject to the Highway Act and section 135 of the Motor Vehicle Act, a local government

may, by bylaw, regulate the number, size, type, form, appearance and location of anysigns.

(2.) A bylaw under subsection (1) may contain different provisions for one or more of thefollowing:(a) different zones;(b) different uses within a zone;(c) different classes of highways.

(3.) The power in subsection (1) to regulate includes the power to prohibit, except that a signthat is located on a parcel and relates to or identifies a use on that parcel must not beprohibited.

RS1979-290-967; 1985-79-8; 1987-14-31.


Screening and landscaping to mask or separate uses

909. (1.) A local government may, by bylaw, require, set standards for and regulate the provisionof screening or landscaping for one or more of the following purposes:(a) masking or separating uses;(b) preserving, protecting, restoring and enhancing the natural environment;(c) preventing hazardous conditions.

(2.) A bylaw under subsection (1) may set different requirements, standards and regulationsfor one or more of the following:(a) different zones;(b) different uses within a zone;(c) different locations within a zone.

RS1979-290-968; 1994-52-110; 1997-24-11 (B.C.Reg. 354/97).

Construction requirements in relation to flood plain areas

910. (1.) In this section:"minister" means the minister charged with the administration of the EnvironmentalManagement Act;

"Provincial guidelines" means the policies, strategies, objectives, standards, guidelines andenvironmental management plans, in relation to flood control, flood hazard management anddevelopment of land that is subject to flooding, prepared and published by the minister under



section 5 of the Environmental Management Act.

"Provincial regulations" means, in relation to a local government, any applicable regulationsenacted under section 138 (3) (e) [general authority to make regulations - flood hazardmanagement] of the Environmental Management Act.

(1.1) If a local government considers that flooding may occur on land, the local governmentmay, by bylaw, designate the land as a flood plain.

(2.) If land is designated as a flood plain under subsection (1), the local government may, bybylaw, specify(a) the flood level for the flood plain, and(b) the setback from a watercourse, body of water or dike of any landfill or structural

support required to elevate a floor system or pad above the flood level.(3.) A local government, in making bylaws under this section, must

(a) consider the Provincial guidelines, and(b) comply with the Provincial regulations and a plan or program the local

government has developed under those regulations.(3.1) A bylaw under subsection (2) may make different provisions in relation to one or more of

the following:(a) different areas of a flood plain;(b) different zones;(c) different uses within a zone or an area of a flood plain;(d) different types of geological or hydrological features;(e) different standards of works and services;(f) different siting circumstances;(g) different types of buildings or other structures and different types of machinery,

equipment or goods within them;(h) different uses within a building or other structure.

(4.) If a bylaw under subsection (2) applies,(a) the underside of any floor system, or the top of any pad supporting any space or

room, including a manufactured home, that is used for(i) dwelling purposes,(ii) business, or(iii) the storage of goods which are susceptible to damage by floodwatermust be above the applicable flood level specified by the bylaw, and

(b) any landfill required to support a floor system or pad must not extend within anyapplicable setback specified by the bylaw.

(5.) Subject to the Provincial regulations and a plan or program a local government hasdeveloped under those regulations, the local government may exempt a person from theapplication of subsection (4), or a bylaw under subsection (2), in relation to a specificparcel of land or a use, building or other structure on the parcel of land, if the localgovernment considers it advisable and(a) considers that the exemption is consistent with the Provincial guidelines, or(b) has received a report that the land may be used safely for the use intended,

which report is certified by a person who is(i) a professional engineer or geoscientist and experienced in geotechnical

engineering, or



(ii) a person in a class prescribed by the minister under subsection (7).(6.) The granting of an exemption, and the exemption, under subsection (5) may be made

subject to the terms and conditions the local government considers necessary oradvisable, including, without limitation,(a) imposing any term or condition contemplated by the Provincial guidelines in

relation to an exemption,(b) requiring that a person submit a report described in subsection (5) (b), and(c) requiring that a person enter into a covenant under section 219 of the Land Title

Act.(7.) The minister may make regulations prescribing a class of persons the minister considers

qualified, for the purposes of this section, to certify reports referred to in subsection (5)(b).

2003-72-19; 2004-51-26; 2004-51-27.

Non-conforming uses and siting911. (1.) If, at the time a bylaw under this Division is adopted,

(a) land, or a building or other structure, is lawfully used, and(b) the use does not conform to the bylaw,the use may be continued as a non-conforming use, but if the non-conforming use isdiscontinued for a continuous period of 6 months, any subsequent use of the land,building or other structure becomes subject to the bylaw.

(2.) The use of land, a building or other structure for seasonal uses or for agriculturalpurposes is not discontinued as a result of normal seasonal or agricultural practices,including(a) seasonal, market or production cycles,(b) the control of disease or pests, or(c) the repair, replacement or installation of equipment to meet standards for the

health or safety of people or animals.(3.) A building or other structure that is lawfully under construction at the time of the adoption

of a bylaw under this Division is deemed, for the purpose of this section,(a) to be a building or other structure existing at that time, and(b) to be then in use for its intended purpose as determined from the building permit

authorizing its construction.(4.) If subsections (1) and (2) authorize a non-conforming use of part of a building or other

structure to continue, the whole of that building or other structure may be used for thatnon-conforming use.

(5.) A structural alteration or addition, except one that is required by an enactment orpermitted by a board of variance under section 901 (2), must not be made in or to abuilding or other structure while the non-conforming use is continued in all or any part ofit.

(6.) In relation to land, subsection (1) or (4) does not authorize the non-conforming use ofland to be continued on a scale or to an extent or degree greater than that at the time ofthe adoption of the bylaw under this Division.

(7.) For the purposes of this section, a change of owners, tenants or occupants of any land,or of a building or other structure, does not, by reason only of the change, affect the useof the land or building or other structure.

(8.) If a building or other structure, the use of which does not conform to the provisions of a



bylaw under this Division is damaged or destroyed to the extent of 75% or more of itsvalue above its foundations, as determined by the building inspector, it must not berepaired or reconstructed except for a conforming use in accordance with the bylaw.

(9.) If the use and density of buildings and other structures conform to a bylaw under thisDivision but(a) the siting, size or dimensions of a building or other structure constructed before

the bylaw was adopted does not conform with the bylaw, or(b) the siting, size, dimensions or number of off-street parking or loading spaces

constructed or provided before the bylaw was adopted does not conform with thebylaw,

the building or other structure or spaces may be maintained, extended or altered to theextent authorized by subsection (10).

(10.) A building or other structure or spaces to which subsection (9) applies may bemaintained, extended or altered only to the extent that(a) the repair, extension or alteration would, when completed, involve no further

contravention of the bylaw than that existing at the time the repair, extension oralteration was started, and

(b) in the case of protected heritage property, the repair, extension or alteration ispermitted or authorized in accordance with the provisions governing the heritageprotection of the property.

(11.) Subsections (5) and (8) do not apply to alterations, additions, repairs or reconstruction ofa protected heritage property if the alteration, addition, repair or reconstruction isauthorized by a heritage alteration permit under section 972.

RS1979-290-970; 1985-79-8; 1987-14-33; 1994-43-72; 2000-7-153; 2003-52-387; 2004-34-14.

Effect of expropriation in relation to non-conforming use and subdivision

912. (1.) If the use of land or the siting of existing buildings and other structures on the landceases, as a result of expropriation of land, to conform to a bylaw under this Division, theremainder of the property is deemed to conform.

(2.) Subsection (1) does not apply if compensation was paid to the owner or occupant of theland in an amount that is directly attributable to the loss, if any, suffered by the owner oroccupant as a result of the non-conformity.

(3.) If, as a result of an expropriation,(a) a parcel of land could have been subdivided into 2 or more parcels under the

applicable zoning bylaw in effect when the land expropriated was vested in theexpropriating authority, and

(b) the parcel, as a result of the expropriation, can no longer be subdivided into thesame number of parcels,

the parcel is deemed to conform to the applicable zoning bylaw for the purposes of thesubdivision as though the expropriation had not occurred, but only to the extent thatnone of the parcels that would be created by the subdivision would be less than 90% ofthe area that would otherwise be permitted by the applicable zoning bylaw.

(4.) Subsection (3) does not apply if the owner of the parcel being subdivided has receivedcompensation that is directly attributable to the reduction in the market value of the landthat results from the inability to subdivide the parcel in the manner that would have beenpermitted under the applicable zoning bylaw.



RS1979-290-971; 1985-79-8; 2000-7-154; 2003-52-388.

Approval of regional district bylaws by minister

913. (1.) Subject to subsections (3) and (4), once a board has given third reading to a zoningbylaw or a subdivision servicing bylaw, the board must forward it to the minister forapproval.

(2.) A bylaw required to be forwarded under subsection (1) has no effect if it is adoptedwithout the approval of the minister.

(3.) Subsection (1) does not apply to a zoning bylaw or a subdivision servicing bylaw that(a) applies only to an area that is subject to an official community plan or to an

official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C.1979, c. 290, before that section was repealed by section 4 of the MunicipalAmendment Act, 1985, and

(b) is consistent with the official community plan or official settlement plan.(4.) The minister may make regulations

(a) defining areas for which and describing circumstances in which subsections (1)and (2) do not apply, and

(b) providing that an exception under paragraph (a) is to be subject to the terms andconditions specified by the minister.

(5.) Regulations under subsection (4) may be different for different regional districts, differentareas and different circumstances.

RS1979-290-973; 1993-59-35; 1994-52-111; 2000-7-155.

No compensation in relation to adoption of bylaw or issuance of permit

914. (1.) Compensation is not payable to any person for any reduction in the value of thatperson’s interest in land, or for any loss or damages that result from the adoption of anofficial community plan or a bylaw under this Division or the issue of a permit underDivision 9 of this Part.

(2.) Subsection (1) does not apply where the bylaw under this Division restricts the use ofland to a public use.

RS1979-290-972; 1985-79-8; 2000-7-156.

Part 26: Division 8 – Regulation of Farm Businesses in Farming Areas

Intensive agriculture915. (1.) In this section, “intensive agriculture” means the use of land, buildings and other

structures by a commercial enterprise or an institution for(a) the confinement of poultry, livestock or fur bearing animals, or(b) the growing of mushrooms.

(2.) Despite a zoning bylaw, if land is located in an agricultural land reserve under the Agricultural Land Commission Act and that land is not subject to section 23 (1) of thatAct, intensive agriculture is permitted as a use.

(3.) Subsections (1) and (2) cease to have effect in an area after a zoning bylaw for that areais approved under section 903 (5).



RS1979-290-977; 1985-79-8; 1993-59-38; 1995-23-23; 1999-14-39 (B.C.Reg. 70/2000); 2000-7-157; 2002-36-86 (B.C.Reg. 171/2002);

2003-52-389.

Provincial standards for farm bylaws

916. (1.) In this section and sections 917 to 919, “minister” means the minister responsible forthe administration of the Farm Practices Protection (Right to Farm) Act.

(2.) The minister may establish, publish and distribute standards in relation to farming areasfor the guidance of local governments in the preparation of zoning bylaws and bylawsunder this Division.

(3.) Standards under subsection (2) may differ for different parts of British Columbia.RS1979-290-973.1, 973.2; 1995-23-20; 2000-7-158.

Farm bylaws917. (1.) A local government may make bylaws in relation to farming areas

(a) respecting the conduct of farm operations as part of a farm business,(b) respecting types of buildings, structures, facilities, machinery and equipment that

are prerequisite to conducting farm operations specified by the local governmentand that must be utilized by farmers conducting the specified farm operations,

(c) respecting the siting of stored materials, waste facilities and stationaryequipment, and

(d) prohibiting specified farm operations.(2.) A bylaw under subsection (1) may be different for one or more of the following:

(a) different sizes or types of farms;(b) different types of farm operations;(c) different site conditions;(d) different uses of adjoining land;(e) different areas.

(3.) Unless exempted under subsection (4), a bylaw under subsection (1) may only beadopted with the approval of the minister.

(4.) The minister may make regulations(a) defining areas for which and describing circumstances in which approval under

subsection (3) is not required, and(b) providing that an exception under paragraph (a) is subject to the terms and

conditions specified by the minister.(5.) Regulations under subsection (4) may be different for different regional districts, different

municipalities, different areas and different circumstances.(6.) A local government may not exercise a power under this or any other Part of this Act or

the Community Charter to do anything that the local government is specificallyauthorized to do under this section.

RS1979-290-973.3; 1995-23-20; 2000-7-159; 2003-49-6, 7.

Application918. (1.) Sections 903 (5) and 917 do not apply unless a regulation under this section declares

that they apply.(2.) The Lieutenant Governor in Council may declare by regulation that, generally or for



some or all of the geographic area specified in the regulation, on and after the datespecified in the regulation, section 903 (5) or 917 applies to(a) the board of a regional district specified in the regulation,(b) the council of a municipality specified in the regulation, or(c) the local trust committee under the Islands Trust Act of a local trust area

specified in the regulation.1997-14-22; 2000-7-160.

Three year review of bylaws affecting farming areas

919. (1.) In this section, “regulation” means a regulation under section 918 respecting theapplication of section 903 (5) to a board, council or local trust committee.

(2.) Repealed. [2000-7-161(b)](3.) A board, council or local trust committee to which a regulation applies must review all its

zoning bylaws in order to identify to what extent, if any, the provisions of those bylaws,relating to any farming areas within the geographic area to which the regulation applies,are inconsistent with the standards established under section 916 by the minister.

(4.) During the first 3 years after a regulation applies to a board, council or local trustcommittee, or during any extension to that 3 year period that the minister may grant, theboard, council or local trust committee may, by bylaw, amend its zoning bylaws, in orderto achieve consistency between the bylaws as they relate to any farming areas within thegeographic area to which the regulation applies and the standards established undersection 916 by the minister.

(5.) As an exception to the usual requirements regarding zoning bylaws, a bylaw that makesan amendment authorized under subsection (4) may be adopted without public hearing.

1997-14-22; 2000-7-161.

Part 26: Division 9 – Permits and Fees

-- Sections 919.1 - 920.2 of Part 26, Division 9 --

Designation of development permit areas919.1 (1.) An official community plan may designate development permit areas for one or more of

the following purposes:(a) protection of the natural environment, its ecosystems and biological diversity;(b) protection of development from hazardous conditions;(c) protection of farming;(d) revitalization of an area in which a commercial use is permitted;(e) establishment of objectives for the form and character of intensive residential

development;(f) establishment of objectives for the form and character of commercial, industrial

or multi-family residential development.(2.) With respect to areas designated under subsection (1), the official community plan must

(a) describe the special conditions or objectives that justify the designation, and(b) specify guidelines respecting the manner by which the special conditions or



objectives will be addressed.(3.) As an exception to subsection (2) (b), the guidelines referred to in that subsection may

be specified by zoning bylaw but, in this case, the designation is not effective until thezoning bylaw has been adopted.

(4.) If an official community plan designates areas under subsection (1), the plan or a zoningbylaw may, with respect to those areas, specify conditions under which a developmentpermit under section 920 (1) would not be required.

2000-7-162.

Development permits920. (1.) If an official community plan designates areas under section 919.1 (1), the following

prohibitions apply unless an exemption under section 919.1 (4) applies or the owner firstobtains a development permit under this section:(a) land within the area must not be subdivided;(b) construction of, addition to or alteration of a building or other structure must not

be started;(c) Repealed. [1999-38-53](d) land within an area designated under section 919.1 (1) (a) or (b) must not be

altered;(e) land within an area designated under section 919.1 (1) (d), or a building or other

structure on that land, must not be altered.(2.) Subject to subsections (3) to (6), a local government may, by resolution, issue a

development permit that(a) varies or supplements a bylaw under Division 7 or 11 of this Part,(b) includes requirements and conditions or set standards under subsections (7) to

(10), and(c) imposes conditions respecting the sequence and timing of construction.

(3.) The authority under subsection (2) must be exercised only in accordance with theapplicable guidelines specified under section 919.1 in an official community plan orzoning bylaw.

(4.) A development permit must not vary the use or density of the land from that permitted inthe bylaw except as authorized by subsection (5).

(5.) If the land was designated under section 919.1 (1) (b), the conditions and requirementsreferred to in subsection (7.1) of this section may vary that use or density, but only asthey relate to health, safety or protection of property from damage.

(6.) A development permit must not vary a flood plain specification under section 910 (2).(7.) For land designated under section 919.1 (1) (a), a development permit may do one or

more of the following:(a) specify areas of land that must remain free of development, except in

accordance with any conditions contained in the permit;(b) require specified natural features or areas to be preserved, protected, restored

or enhanced in accordance with the permit;(c) require natural water courses to be dedicated;(d) require works to be constructed to preserve, protect, restore or enhance natural

water courses or other specified natural features of the environment;(e) require protection measures, including that vegetation or trees be planted or

retained in order to



(i) preserve, protect, restore or enhance fish habitat or riparian areas,(ii) control drainage, or(iii) control erosion or protect banks.

(7.1) For land designated under section 919.1 (1) (b), a development permit may do one ormore of the following:(a) specify areas of land that may be subject to flooding, mud flows, torrents of

debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire,or to another hazard if this other hazard is specified under section 919.1 (1) (b),as areas that must remain free of development, except in accordance with anyconditions contained in the permit;

(b) require, in an area that the permit designates as containing unstable soil orwater which is subject to degradation, that no septic tank, drainage and depositfields or irrigation or water systems be constructed;

(c) in relation to wildfire hazard, include requirements respecting the character ofthe development, including landscaping, and the siting, form, exterior design andfinish of buildings and other structures;

(d) in relation to wildfire hazard, establish restrictions on the type and placement oftrees and other vegetation in proximity to the development.

(8.) If land has been designated under section 919.1 (1) (d), (e) or (f), a development permitmay include requirements respecting the character of the development, includinglandscaping, and the siting, form, exterior design and finish of buildings and otherstructures.

(9.) If land has been designated under section 919.1 (1) (f), a development permit mayinclude requirements respecting the character of the development, as referred to insubsection (8) of this section, but only in relation to the general character of thedevelopment and not to particulars of the landscaping or of the exterior design and finishof buildings and other structures.

(10.) A development permit for land that has been designated under section 919.1 (1) (c) mayinclude requirements for screening, landscaping, fencing and siting of buildings or otherstructures, in order to provide for the buffering or separation of development fromfarming on adjoining or reasonably adjacent land.

(11.) Before issuing a development permit under this section, a local government may requirethe applicant to provide, at the applicant’s expense, a report, certified by a professionalengineer with experience relevant to the applicable matter, to assist the localgovernment in determining what conditions or requirements under subsection (7.1) it willimpose in the permit.

(12.) If a local government delegates the power to issue a development permit under thissection, the owner of land that is subject to the decision of the delegate is entitled tohave the local government reconsider the matter.

RS1979-290-976; 1985-79-8; 1987-14-36; 1993-59-37; 1994-43-73; 1995-23-22; 1997-24-12 (B.C.Reg. 354/97); 1998-34-198; 1999-38-53;

2000-7-163; 2003-52-390.

Designation of development approval information areas or circumstances920.01 (1.) For the purposes of section 920.1, an official community plan may do one or more of the

following:



(a) specify circumstances in which development approval information may berequired under that section;

(b) designate areas for which development approval information may be requiredunder that section;

(c) designate areas for which, in specified circumstances, development approvalinformation may be required under that section.

(2.) An official community plan that specifies circumstances or designates areas undersubsection (1) must describe the special conditions or objectives that justify thespecification or designation.

2000-7-164.

Development approval information920.1 (1.) For the purposes of this section, “development approval information” means

information on the anticipated impact of the proposed activity or development on thecommunity including, without limiting this, information regarding impact on such mattersas(a) transportation patterns including traffic flow,(b) local infrastructure,(c) public facilities including schools and parks,(d) community services, and(e) the natural environment of the area affected.

(2.) If an official community plan includes a provision under section 920.01 (1), the localgovernment must, by bylaw, establish procedures and policies on the process forrequiring development approval information under this section and the substance of theinformation that may be required.

(3.) If a bylaw under subsection (2) is adopted, the local government or an officer oremployee authorized under subsection (4) may require an applicant for(a) an amendment to a zoning bylaw under section 903,(b) a development permit under section 920, or(c) a temporary commercial or industrial use permit under section 921to provide to the local government, at the applicant’s expense, development approvalinformation in accordance with the procedures and policies established under subsection(2) of this section.

(4.) A bylaw under subsection (2) may authorize an officer or employee to requiredevelopment approval information under this section.

(5.) An applicant subject to a decision of an officer or employee under subsection (4) isentitled to have the local government reconsider the matter without charge.

(6.) A bylaw under subsection (2) that authorizes an officer or employee to requiredevelopment approval information under this section must establish proceduresregarding applying for and dealing with a reconsideration under subsection (5).

(7.) Development approval information is not required under this section if the proposedactivity or development is a reviewable project as defined in section 1 of the Environmental Assessment Act.

1997-24-13 (B.C.Reg. 354/97); 2000-7-165; 2002-43-55 (B.C.Reg. 370/2002).

Designation of temporary commercial and industrial use permit areas



920.2 For the purposes of section 921,(a) an official community plan, or(b) a zoning bylawmay designate areas where temporary commercial and industrial uses may be allowedand may specify general conditions regarding the issue of temporary commercial andindustrial use permits in those areas.

2000-7-166.


Temporary commercial and industrial permits

921. (1.) On application by an owner of land, a local government may issue a temporarycommercial or industrial use permit(a) by resolution, in relation to land within an area designated under section 920.2,

or(b) by bylaw, in relation to land within an area outside a municipality, if there is no

official community plan in effect for the area.(2.) Repealed. [2000-7-167(a)](3.) Despite a zoning bylaw, a temporary commercial or industrial use permit may do one or

more of the following:(a) allow any commercial or industrial use, including

(i) in the case of a commercial use, the provision of temporary touristaccommodation, and

(ii) in the case of an industrial use, the processing of natural materials,as specified in the permit;

(b) permit the construction or use of buildings or structures to accommodatepersons who work at the commercial or industrial enterprise in respect of whichthe permit is issued;

(c) specify conditions under which the temporary commercial or industrial use maybe carried on.

(4.) If a local government proposes to pass a resolution allowing a temporary commercial orindustrial use permit to be issued, it must give notice in accordance with subsections (5)and (6).

(5.) The notice must(a) state

(i) in general terms, the purpose of the proposed permit,(ii) the land or lands that are the subject of the proposed permit,(iii) the place where and the times and dates when copies of the proposed

permit may be inspected, and(iv) the date, time and place when the resolution will be considered, and

(b) be published in a newspaper at least 3 and not more than 14 days before theadoption of the resolution to issue the permit.

(6.) Section 892 (4) to (7) applies to the notice.(7.) Sections 890, 891, 892, 894 and 913 apply to a bylaw under subsection (1) (b).(8.) As a condition of the issue of a permit, a local government may require the owner of the



land to give an undertaking to(a) demolish or remove a building or structure, and(b) restore land described in the permit to a condition specified in the permit by a

date specified in the permit.(9.) An undertaking under subsection (8) must be attached to and forms part of the permit.(10.) If the owner of the land fails to comply with all of the undertakings given under

subsection (8), the local government may enter on the land and carry out the demolition,removal or restoration at the expense of the owner.

(11.) The owner of land in respect of which a temporary commercial or industrial use permithas been issued has the right to put the land to the use described in the permit until(a) the date that the permit expires, or(b) 2 years after the permit was issued,whichever occurs first.

(12.) In addition to any security required under section 925 (1), a local government mayrequire, as a condition of issuing the permit, that the owner of the land give to the localgovernment security to guarantee the performance of the terms of the permit, and thepermit may provide for(a) the form of the security, and(b) the means for determining

(i) when there is default under the permit, and(ii) the amount of the security that forfeits to the local government in the

event of default.(13.) A person to whom a temporary commercial or industrial use permit has been issued may

apply to have the permit renewed, and subsections (8) to (12) apply.(14.) A permit issued under this section may be renewed only once.(15.) If a local government delegates the power to issue a temporary commercial or industrial

use permit under this section, the owner of land that is subject to the decision of thedelegate is entitled to have the local government reconsider the matter.

RS1979-290-975; 1985-79-8; 1987-14-35; 1989-33-12; 1993-59-36; 1994-52-112; 1998-34-199; 2000-7-167.

Development variance permits922. (1.) On application by an owner of land, a local government may, by resolution, issue a

development variance permit that varies, in respect of the land covered in the permit, theprovisions of a bylaw under any of the following:(a) section 694 (1) (j) [construction and layout of trailer courts, etc.];(b) Division 7 [Zoning and Other Development Regulation], 8 [Use of Land for

Agricultural Operations] or 11 [Subdivision and Development Requirements] ofthis Part;

(c) section 8 (3) (g) [fundamental powers - protection of persons and property] of theCommunity Charter in relation to matters referred to in section 63 (e) [protection- trailer courts, manufactured home parks and camping grounds] of that Act.

(2.) As a limit on subsection (1), a development variance permit must not vary(a) the use or density of land from that specified in the bylaw, or(b) a flood plain specification under section 910 (2).

(3.) In the event of conflict, the provisions of a development variance permit prevail over anyprovision of the bylaw.

(4.) If a local government proposes to pass a resolution to issue a permit under this section,



it must give notice in accordance with subsections (5) and (6).(5.) The notice under subsection (4) must state the following:

(a) in general terms, the purpose of the permit;(b) the land or lands that are the subject of the permit;(c) the place where and the times and dates when copies of the permit may be

inspected.(6.) The notice under subsection (4) must be mailed or otherwise delivered at least 10 days

before adoption of the resolution to issue the permit(a) to the owners, as shown on the assessment roll as at the date of application for

the permit, and(b) to any tenants in occupation, as at the date of the mailing or delivery of the

notice,of each parcel, any part of which is the subject of the permit or is within a distancespecified by bylaw from that part of the land that is subject to the permit.

(7.) The obligation to give notice under subsection (4) must be considered satisfied if thelocal government made a reasonable effort to mail or otherwise deliver the notice.

(8.) As a restriction on section 176 (1) (e) [corporate powers - delegation] of this Act andsection 154 [delegation of council authority] of the Community Charter, a localgovernment may not delegate the issuance of a development variance permit.

RS1979-290-974, 980(13) to (15); 1985-79-8; 1987-14-34, 38; 1992-18-91; 1995-23-21; 1998-34-200; 2000-7-168; 2003-52-391.

Tree cutting permits923. (1.) A board may, by bylaw, designate areas of land that it considers may be subject to

flooding, erosion, land slip or avalanche as tree cutting permit areas.(2.) A bylaw may, in respect of an area designated under subsection (1),

(a) regulate or prohibit the cutting down of trees, and(b) require an owner to obtain, on payment of a fee set by the bylaw, a permit before

cutting down a tree.(3.) The bylaw may allow the board, at its discretion, to require an applicant to provide at the

applicant’s expense, a report certified by a qualified person, agreed upon by both parties,that the proposed cutting of trees will not create a danger from flooding or erosion.

RS1979-290-978; 1985-79-8; 1987-14-37; 1992-79-8.

Approval required for development near controlled access highway

924. (1.) If a zoning bylaw is subject to section 54 (2) of the Highway Act, this section applies inrelation to permits under this Division in respect of property within the area covered bythe bylaw.

(2.) Unless exempted under subsection (4), a permit for the construction of commercial orindustrial buildings exceeding 4 500 square metres in gross floor areas must not beissued unless a site plan of the buildings, including traffic circulation and parking areasand facilities, has been approved by the minister responsible for the Highway Act.

(3.) In considering whether to approve a site plan under subsection (2), the minister referredto in subsection (2) must consider only the effect of the proposed development on thecontrolled access highway.

(4.) The minister referred to in subsection (2) may make regulations(a) defining areas for which and describing circumstances in which approval under



subsection (2) of this section or under section 930 (4) is not required, and(b) providing that an exception under paragraph (a) is subject to the terms and

conditions specified by that minister.(5.) Regulations under subsection (4) may be different for different regional districts, different

municipalities, different areas and different circumstances.2000-7-169.

Requirement for security925. (1.) As a condition of the issue of a permit under this Division but for the purposes only of

subsections (2) and (2.1), a local government may require that the applicant for thepermit provide security in an amount stated in the permit by whichever of the followingthe applicant chooses:(a) an irrevocable letter of credit;(b) the deposit of securities in a form satisfactory to the local government.

(2.) Subsection (2.1) applies if a local government considers that(a) a condition in a permit respecting landscaping has not been satisfied,(b) an unsafe condition has resulted as a consequence of contravention of a

condition in a permit, or(c) damage to the natural environment has resulted as a consequence of a

contravention of a condition in a permit.(2.1) In the circumstance referred to in subsection (2), the local government may

(a) undertake, at the expense of the holder of the permit, the works, construction orother activities required to satisfy the landscaping condition, correct the unsafecondition or correct the damage to the environment, and

(b) apply the security under subsection (1) in payment of the cost of the works,construction or other activities, with any excess to be returned to the holder ofthe permit.

(3.) Interest earned on the security provided under subsection (1) accrues to the holder ofthe permit and must be paid to the holder immediately on return of the security or, ondefault, becomes part of the amount of the security.

(4.) If a local government delegates the power to require security under subsection (1), thedelegation bylaw must include guidelines for the delegate as to how the amount ofsecurity is to be determined.

RS1979-290-980(2) to (4); 1985-79-8; 1987-14-38; 1992-18-91; 1995-23-24; 1997-24-14 (B.C.Reg. 354/97); 1998-34-201.


Lapse of permit926. (1.) Subject to the terms of the permit, if the holder of a permit under this Division does not

substantially start any construction with respect to which the permit was issued within 2years after the date it is issued, the permit lapses.

(2.) If a permit lapses, subject to sections 921 (12) and 925 (2.1), the local government mustreturn any security provided under 925 (1) to the person who provided it.

RS1979-290-980(6) and (7); 1985-79-8; 1987-14-38; 1992-18-91; 1995-23-24; 1997-24-15 (B.C.Reg. 354/97).

Notice of permit on land title



927. (1.) If a local government issues a permit under sections 920 to 922, it must file in the landtitle office a notice that the land described in the notice is subject to the permit, and, onfiling, the registrar of land titles must make a note of the filing against the title to the landaffected.

(2.) In the event of any omission, mistake or misfeasance by the registrar of land titles or theemployees of the registrar in relation to the making of a note of the filing undersubsection (1) or (3) after the notice is received by the land title office,(a) neither the registrar nor the Provincial government is liable vicariously, and(b) the assurance fund or the Attorney General as a nominal defendant is not liable

under Part 20 of the Land Title Act.(3.) If a permit is amended or cancelled, the local government must file a notice of the

amendment or cancellation in the manner prescribed by the Lieutenant Governor inCouncil, and, on filing, the registrar of land titles must make a note of the filing againstthe title to the land affected.

(4.) If a notice is filed under subsection (1) or (3), the terms of the permit or any amendmentto it are binding on all persons who acquire an interest in the land affected by the permit.

(5.) The Lieutenant Governor in Council may prescribe fees for the filing of notices under thissection, and section 386 of the Land Title Act applies in respect of those fees.

RS1979-290-980(8) to (11); 1985-79-8; 1987-14-38; 1992-18-91; 1995-23-24; 1997-25-146.

General matters928. (1.) A local government may issue more than one permit for an area of land.

(2.) Land must be developed strictly in accordance with the permit or permits issued.(3.) A permit is binding on the local government as well as on the holder of the permit.(4.) A local government may, by bylaw, designate the form of permits issued under this

Division.RS1979-290-980(1) and (5); 1985-79-8; 1987-14-38; 1992-18-91; 1995-23-24.

Withholding of permits and licences that conflict with bylaws in preparation

929. (1.) A local government may direct that a building permit be withheld for a period of 30 days,beginning on the day the application for the permit was made, if it passes a resolutionidentifying what it considers to be a conflict between a development proposed in theapplication for a building permit and(a) an official community plan, or(b) a bylaw under sections 903 to 907 or 910that is under preparation.

(2.) Subsection (1) does not apply unless a local government has, by resolution at least 7days before the application for a building permit, begun the preparation of a plan orbylaw that is in conflict with the application.

(3.) During the 30 day period referred to in subsection (1), the local government mustconsider the application for the permit and may(a) direct the permit be withheld for a further 60 days, or(b) grant the permit, but impose conditions in it that would be in the public interest,

having regard to the plan or bylaw that is under preparation.(4.) If the local government does not adopt a plan or bylaw referred to in subsection (1) within

the 60 day period, the owners of the land for which a building permit was withheld under



this section are entitled to compensation for damages arising from the withholding of thebuilding permit.

(4.1) For the purposes of subsection (4), Division 3 [Expropriation and Compensation] of Part8 of this Act applies in relation to a regional district and Division 4 of Part 3 of the Community Charter applies in relation to a municipality.

(5.) A council that passes a resolution under subsection (1) may direct that a businesslicence in respect of the same land be withheld for a period not longer than 90 days, ifthe council considers that the use to which the land would be put and to which thebusiness licence application relates would be contrary to the use that would be permittedby the bylaw that is under preparation.

(6.) Any requirement to approve a permit or licence under this section is subject to section946.2.

RS1979-290-981; 1985-79-8; RS1996(Supp)-323-8; 1993-25-10; 1998-34-202; 2000-7-170; 2003-52-392.

Amendment and discharge of land use contracts

930. (1.) In this section, “amend” means modify, vary or discharge.(2.) Subject to subsections (4) and (6), a land use contract that is registered in a land title

office may be amended as follows:(a) by bylaw, with the agreement of

(i) the local government, and(ii) the owner of any parcel that is described in the bylaw as being covered

by the amendment;(b) by a development permit under section 920 or a development variance permit

under section 922, if the amendment does not affect the permitted use or densityof use of any parcel against which the contract is registered;

(c) in the manner specified in the land use contract.(3.) A land use contract must not be discharged in the manner provided for in subsection (2)

(b).(4.) Unless exempted by regulation under section 924 (4) [controlled access highways], if a

parcel affected by an amendment under subsection (2) is subject to section 54 (2) of the Highway Act,(a) a bylaw under subsection (2) (a) must not be adopted, and(b) a development variance permit or a development permit under subsection (2) (b)

must not be issued,until it has been approved by the Minister of Transportation and Highways.

(5.) If a local government proposes to amend a land use contract under subsection (2) (a)respecting any matter in it relating to density or use of an area covered by the contract,sections 890 to 894 apply.

(6.) Unless exempted under subsection (7) or (8), a bylaw of a regional district amending aland use contract must not be adopted until it has been approved by the minister.

(7.) Subsection (6) does not apply if the land affected by the amendment is in an area that issubject to an official community plan or an official settlement plan under section 809 (3)of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section4 of the Municipal Amendment Act, 1985.

(8.) The minister may make regulations(a) defining areas for which and describing circumstances in which approval under



subsection (6) is not required, and(b) providing that an exception under paragraph (a) is subject to terms and

conditions specified by the minister.(8.1) Regulations under subsection (8) may be different for different regional districts, different

areas and different circumstances.(9.) If a land use contract is amended by bylaw or by a development variance permit or a

development permit, the local government must register the amendment in the land titleoffice in accordance with the Land Title Act.

(10.) On registration under subsection (9), the registrar of land titles may require(a) that a certified copy of the bylaw under this section be registered together with

the amendment to the land use contract, and(b) that a certified copy of the development variance permit or development permit

be registered together with the land use contract as amended by it.(11.) The registrar of land titles is not required to inquire whether the land use contract

amendment has been made in accordance with this Part or whether it is a validamendment before permitting registration of an amendment under subsection (9).

RS1979-290-982; 1985-79-8; 1987-14-39; 1994-52-113; 2000-7-171.

Fees related to applications and inspections

931. (1.) A local government may, by bylaw, impose one or more of the following types of fees:(a) application fees for an application to initiate changes to the provisions of a plan

or bylaw under Division 2, 7 or 11 of this Part or under Part 27;(b) application fees for the issue of a local government permit under Division 9 of

this Part or a permit under section 972;(c) application fees for an amendment to a land use contract or to a heritage

revitalization agreement under section 966;(d) application fees for an application to a board of variance;(e) fees to cover the costs of administering and inspecting works and services under

this Part that are costs additional to those related to fees under paragraphs (a) to(d);

(f) subdivision application fees, which may vary with the number, size and type ofparcels involved in a proposed subdivision.

(2.) A fee imposed under subsection (1) must not exceed the estimated average costs ofprocessing, inspection, advertising and administration that are usually related to the typeof application or other matter to which the fee relates.

(3.) The minister may make regulations(a) that the minister considers necessary or advisable respecting the imposition of

fees under subsection (1), and(b) prescribing fees for applications referred to in subsection (1) (f).

(4.) A regulation under subsection (3) prevails over a bylaw under subsection (1) to theextent of any conflict.

(5.) No other fee, charge or tax may be imposed in addition to a fee under subsection (1) asa condition of the matter referred to in that subsection to which the fee relates.

(6.) A local government, the City of Vancouver or an approving officer must not(a) impose a fee, charge or tax, or(b) require a work or service to be provided



unless authorized by this Act, by another Act or by a bylaw made under the authority ofthis Act or another Act.

RS1979-290-988; 1992-18-92; 1994-43-74; 1999-37-203; 2000-7-172.

Part 26: Division 10 – Development Costs Recovery



"capital costs" includes(a) planning, engineering and legal costs directly related to the work for which a

capital cost may be incurred under this Division, and(b) interest costs directly related to the work that are approved by the inspector to

be included as capital costs;

"development" means those items referred to in section 933 (1) (a) and (b) for which adevelopment cost charge may be imposed;

"local government" includes a greater board other than the Board of the Greater VancouverSewerage and Drainage District.

RS1979-290-983(1); 1985-79-8; 1987-14-40; 1989-59-17; 1990-32-8; 1995-53-30; 1996-16-3; 2000-7-173.

Development cost charges generally933. (1.) A local government may, by bylaw, for the purpose described in subsection (2), impose

development cost charges on every person who obtains(a) approval of a subdivision, or(b) a building permit authorizing the construction, alteration or extension of a

building or structure.(2.) Development cost charges may be imposed under subsection (1) for the purpose of

providing funds to assist the local government to pay the capital costs of(a) providing, constructing, altering or expanding sewage, water, drainage and

highway facilities, other than off-street parking facilities, and(b) providing and improving park landto service, directly or indirectly, the development for which the charge is being imposed.

(3.) A development cost charge is not payable if(a) the development does not impose new capital cost burdens on the municipality,

regional district or greater board, or(b) a development cost charge has previously been paid for the same development

unless, as a result of further development, new capital cost burdens will beimposed on the municipality, regional district or greater board.

(4.) A charge is not payable under a bylaw made under subsection (1) if any of the followingapplies in relation to a development authorized by a building permit:(a) the permit authorizes the construction, alteration or extension of a building or



part of a building that is, or will be, after the construction, alteration or extension,exempt from taxation under section 220 (1) (h) [statutory exemption for places ofpublic worship] or 224 (2) (f) [permissive exemptions in relation to places ofpublic worship] of the Community Charter;

(b) subject to a bylaw under subsection (4.1) (a), the permit authorizes theconstruction, 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 undersubsection (4.2) (a) applies,

(ii) the amount prescribed under subsection (4.2) (a), if no bylaw undersubsection (4.1) (b) applies, or

(iii) the amount established by bylaw under subsection (4.1) (b).(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 themaximum 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).

(5.) A development cost charge that is payable under a bylaw under this section must bepaid at the time of the approval of the subdivision or the issue of the building permit.

(6.) As an exception to subsection (5), the minister may, in respect of all or different classesof developments, by regulation, authorize the payment of development cost charges ininstalments and prescribe conditions under which the instalments may be paid.

(7.) Despite a bylaw under subsection (1), if(a) a local government has imposed a fee or charge or made a requirement under

(i) section 363 [regional district fees and charges],(ii) section 194 [municipal fees] of the Community Charter,(iii) Division 11 [Subdivision and Development Requirements] of this Part, or(iv) section 729 of the Municipal Act, R.S.B.C. 1979, c. 290, before the

repeal of that section became effective,for park land or for specific services outside the boundaries of land beingsubdivided or developed, and

(b) the park land or services referred to in paragraph (a) are included in thecalculations used to determine the amount of a development cost charge,

the amount of the fee or charge imposed or the value of the requirement made, asreferred to in paragraph (a), must be deducted from those classes of development costcharges that are applicable to the park land or the types of services for which the fee orcharge was imposed or the requirement was made.

(8.) Despite a bylaw under subsection (1),



(a) if an owner has, with the approval of the local government, provided or paid thecost of providing a specific service, outside the boundaries of land beingsubdivided or developed, that is included in the calculations used to determinethe amount of a development cost charge, the cost of the service must bededucted from the class of development cost charge that is applicable to theservice, and

(b) if a work required to be provided under an agreement under section 937.1 (2) isincluded in the calculations used to determine the amount of a development costcharge, the following amounts are to be deducted from the development costcharge that would otherwise be payable for that class of work:(i) for a development cost charge payable by a developer for a work

provided by the developer under the agreement, the amount calculatedas(A) the cost of the work

less(B) the amount to be paid by the municipality to the developer under

section 937.1 (3) (b), other than an amount that is an interestportion under section 937.1 (6) (c);

(ii) for a development cost charge payable by a person other than thedeveloper referred to in subparagraph (i), the amount calculated as(A) the amount charged under section 937.1 (2) (b) to the owner of

the propertyless

(B) any interest portion of that charge under section 937.1 (6) (c).(9.) If a board or greater board has the responsibility of providing a service or park land

referred to in subsection (2) in a participating municipality, the board or greater boardmay, by bylaw under subsection (1), impose a development cost charge that isapplicable within that municipality.

(10.) The municipality must collect and remit a development cost charge imposed undersubsection (9) to the regional district or greater board in the manner provided for in thebylaw.

(11.) As a restriction on(a) sections 176 (1) (c) [corporate powers - assistance] and 183 [assistance under

partnering agreements], and(b) sections 8 (1) [natural person powers] and 21 [partnering agreements] of the

Community Charter,a local government must not provide assistance by waiving or reducing a charge underthis section.

(12.) As an exception to subsection (11), a local government may provide assistance bywaiving or reducing a charge under this section for not for profit rental housing, includingsupportive living housing.

(13.) The minister may make regulations defining what constitutes not for profit supportiveliving housing for the purposes of subsection (12).

RS1979-290-983(2) to (8), (10) and (12); 1985-79-8; 1987-14-40; 1989-59-17; 1990-32-8; 1995-53-30; 1996-16-3; 1997-25-147; 1998-34-203;

1999-37-205; 2003-15-16; 2003-52-393; 2004-34-15.



Amount of development cost charges

934. (1.) A bylaw that imposes a development cost charge must specify the amount of the chargein a schedule or schedules of development cost charges.

(2.) Development cost charges may vary as provided in subsection (3), but must be similarfor all developments that impose similar capital cost burdens on the local government.

(3.) Development cost charges may vary with respect to one or more of the following:(a) different zones or different defined or specified areas;(b) different uses;(c) different capital costs as they relate to different classes of development;(d) different sizes or different numbers of lots or units in a development.

(4.) In setting development cost charges in a bylaw under section 933 (1), a localgovernment must take the following into consideration:(a) future land use patterns and development;(b) the phasing of works and services;(c) the provision of park land described in an official community plan;(d) whether the charges

(i) are excessive in relation to the capital cost of prevailing standards ofservice,

(ii) will deter development, or(iii) will discourage the construction of reasonably priced housing or the

provision of reasonably priced serviced landin the municipality or regional district.

(5.) A local government must make available to the public, on request, the considerations,information and calculations used to determine the schedule referred to in subsection(1), but any information respecting the contemplated acquisition costs of specificproperties need not be provided.

RS1979-290-984; 1985-79-8.


Use of development cost charges935. (1.) A development cost charge paid to a local government must be deposited by the local

government in a separate special development cost charge reserve fund established foreach purpose for which the local government imposes the development cost charge.

(2.) Repealed. [2003-52-394](3.) Money in development cost charge reserve funds, together with interest on it, may be

used only for the following:(a) to pay the capital costs of providing, constructing, altering or expanding sewage,

water, drainage and highway facilities, other than off-street parking, that relatedirectly or indirectly to the development in respect of which the charge wascollected;

(b) to pay the capital costs of(i) acquiring park land or reclaiming land as park land, or(ii) providing fencing, landscaping, drainage and irrigation, trails, restrooms,

changing rooms and playground and playing field equipment on park



land,subject to the restriction that the capital costs must relate directly or indirectly tothe development in respect of which the charge was collected;

(c) to pay principal and interest on a debt incurred by a local government as a resultof an expenditure under paragraph (a) or (b).

(4.) For the purposes of subsection (3), “capital costs” includes planning, engineering andlegal costs directly related to the work for which a capital cost may be incurred under thissection.

(5.) Authority to make payments under subsection (3) must be authorized by bylaw.RS1979-290-985; 1985-79-8; 1987-14-41; 1993-59-39; 1994-52-114; 1995-53-31; 1999-37-206(a); 2003-52-394.

Acquisition and development of park land

936. (1.) If a development cost charge bylaw provides for a charge to acquire or reclaim park land,all or part of the charge may be paid by providing land in accordance with subsection (2).

(2.) Land to be provided for the purposes of subsection (1) must(a) have a location and character acceptable to the local government, and(b) on the day the charge is payable, have a market value that is at least equal to

the amount of the charge.(3.) If the owner and the local government are not able to agree on the market value for the

purposes of subsection (2) (b), the market value must be determined in accordance withthe regulations under section 941 (7).

(4.) If partial payment of a development cost charge for park land in the form of land is made,the remainder must be paid in accordance with a bylaw under section 933 (1).

(5.) If land is to be provided under subsection (1), either(a) a registerable transfer of the land must be provided to the local government, or(b) a plan of subdivision on which the land is shown as park must be deposited in

the land title office, in which case section 941 (13) and (14) applies.(6.) Despite section 935 (3), interest earned on money in the park land development cost

charge reserve fund may be used by the local government to provide for fencing,landscaping, drainage and irrigation, trails, restrooms and changing rooms, playgroundand playing field equipment on park land owned by the local government or owned bythe Crown and managed by the local government.

RS1979-290-986; 1985-79-8; 1987-14-42; 1993-59-40; 1995-53-32; 2000-7-174.

Adoption procedures for development cost charge bylaw

937. (1.) A bylaw that imposes a development cost charge must not be adopted until it has beenapproved by the inspector.

(2.) The inspector may refuse to grant approval under subsection (1) if the inspectordetermines that(a) the development cost charge is not related to capital costs attributable to

projects included in the financial plan for the municipality or the regional district,as the case may be, or

(b) the local government has not properly considered the matters referred to insection 934 (4).

(3.) The inspector may revoke an approval under subsection (1) in respect of all or part of a



bylaw that imposes a development cost charge.(4.) If the inspector revokes an approval, the part of the bylaw in respect of which the

revocation applies has no effect until the local government amends the bylaw andobtains the inspector’s approval of the amendment.

(5.) The inspector may require a municipality, regional district or greater board to provide theinspector with a report on the status of development cost charge collections,expenditures and proposed expenditures for a time period the inspector specifies.

(6.) After reviewing the report, the inspector may order the transfer of funds from adevelopment cost charge reserve fund under section 935 (1) to a reserve fundestablished for a capital purpose.

RS1979-290-987; 1985-79-8; 1990-60-26; 1999-37-207; 2003-52-395.

Development works agreements with private developers

937.1 (1.) In this section:"development works agreement" means an agreement under subsection (2);

"works" means(a) providing, constructing, altering or expanding sewage, water, drainage and

highway facilities, other than off-street parking facilities, and(b) improving park land.

(2.) Subject to this section, a council may, by bylaw,(a) enter into an agreement with a developer for the provision of works by the

municipality or by the developer,(b) provide a formula for imposing all or part of the cost of the works on the owners

of real property in the area subject to the agreement,(c) specify when the costs imposed under the formula become a debt payable by

the owners to the municipality,(d) provide that, until the debt is paid, the council, an approving officer, a building

inspector or other municipal authority is not obliged to(i) approve a subdivision plan, strata plan, building permit, development

permit, development variance permit or zoning bylaw necessary for thedevelopment of real property of a debtor in the area subject to theagreement, or

(ii) do any other thing necessary for the development of real property of adebtor in the area subject to the agreement, and

(e) provide for borrowing the amount required for the municipality to provide a workunder the agreement.

(3.) Without limiting the matters that may be dealt with in a development works agreement,the agreement(a) must specify

(i) the area that is the subject of the agreement,(ii) the works that are to be provided under the agreement,(iii) for each work, which party is to provide it, and(iv) for each work, when it is to be provided,

(b) if the developer is to provide works under the agreement, must provide for the



payment to the developer of charges collected under this section by themunicipality from owners within the area subject to the agreement, and

(c) may require the developer to provide security acceptable to the council to ensurecompliance with the agreement.

(4.) A bylaw under subsection (2) must not be adopted unless at least one of the followingrequirements has been met:(a) the bylaw has received the assent of the electors in the area that is subject to

the development works agreement;(b) no sufficient petition against the development works agreement has been

presented to council after it has given notice of intention to adopt the bylaw;(c) a sufficient petition for the development works agreement has been presented to

the council.(5.) Sections 212 to 214 of the Community Charter apply for the purposes of subsection (4)

(b) and (c), except that information required in the notice of intention or on each page ofthe petition for the agreement is the following:(a) an identification of the proposed development works agreement, including the

information referred to in subsection (3) (a);(b) a statement of the proposed formula as referred to in subsection (2) (b);(c) an identification of when the costs imposed under the formula are proposed to

become a debt payable to the municipality as referred to in subsection (2) (c);(d) an identification of any proposed authority referred to in subsection (2) (d);(e) a statement of any proposed borrowing referred to in subsection (2) (e).

(6.) A formula under subsection (2) (b)(a) may be based on the actual cost or on the estimate of the cost as established by

the development works agreement,(b) must provide for the distribution of all or part of the cost among the owners of

real property in the area subject to the agreement, and(c) may provide for increasing the charge payable by owners by an annual interest

rate specified in the bylaw.(7.) The time limit specified under subsection (2) (c) must not be later than the time at which

a building permit is issued for the property.(8.) At the time specified under subsection (2) (c), the charge imposed under the formula on

an owner constitutes a debt of the owner to the municipality.(9.) The failure of the municipality to collect the debt at the time of an approval or the doing of

any other thing referred to in subsection (2) (d) does not affect the collectibility of thedebt.

(10.) A bylaw that provides for borrowing under subsection (2) (e) is deemed to be a loanauthorization bylaw, except that approval of the electors as referred to in section 180 [elector approval required for some loan authorization bylaws] of the Community Charteris not required.

1997-25-148; 1998-34-204; 1999-37-208; 2003-52-396.

Part 26: Division 10.1 – School Site Acquisition Charges




Definitions937.2 In this Division:

"approved capital plan" means the current capital plan of a school board as approved undersection 142 of the School Act;

"eligible development" means(a) a subdivision of land in a school district, or(b) any new construction, alteration or extension of a building in a school district that

increases the number of self-contained dwelling units on a parcel;

"eligible development unit" means a self-contained dwelling unit(a) authorized by a zoning bylaw or any other enactment, for a parcel created by a

subdivision of land in a school district, or(b) created by any new construction, alteration or extension of a building in a school

district that increases the number of self-contained dwelling units on a parcel;

"eligible school district" means a school district for which the school board has indicated aneligible school site requirement in its approved capital plan;

"eligible school site requirement" means a requirement for a school site that is set out in(a) the final resolution of a school board under section 937.4 (5) (a), and(b) the approved capital plan of the school board;

"school board" means a board as defined in section 1 of the School Act;

"school site acquisition charge" means the charge set under section 937.5.

1998-27-2.

School site acquisition charge payable937.3 (1.) Every person who obtains subdivision approval or a building permit in respect of an

eligible development in an eligible school district must pay to the local government, foreach eligible development unit that is authorized or will be created, the school siteacquisition charge applicable to that category of eligible development.

(2.) A school site acquisition charge is imposed under subsection (1) for the purpose ofproviding funds to assist school boards to pay the capital costs of meeting eligible schoolsite requirements.

(3.) A school site acquisition charge is not payable under subsection (1) if any of thefollowing applies:(a) the eligible development is within a category that is exempt from school site

acquisition charges under the regulations;(b) a school site acquisition charge has previously been paid for the same eligible

development unless, as a result of a further subdivision or issuance of a buildingpermit, more eligible development units are authorized or will be created on theparcel;

(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;(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).(4.) A school site acquisition charge payable under this section must be paid at the

applicable time as follows:(a) if a development cost charge is payable under Division 10 in respect of the

eligible development, at the same time as the development cost charge is paid;(b) if no development cost charge is payable under Division 10, at the time of

approval of the subdivision if subdivision is required in respect of the eligibledevelopment;

(c) if neither paragraph (a) nor (b) applies, at the time that a building permit isissued in respect of the eligible development.

(5.) As an exception to subsection (4), the minister may, in respect of all or differentcategories of eligible development, by regulation(a) authorize the payment of school site acquisition charges in instalments, and(b) prescribe conditions under which the instalments may be paid.

1998-27-2; 2004-34-16.

Eligible school site requirements937.4 (1.) In this section, “local government” includes a local trust committee established under

the Islands Trust Act.(2.) Before submitting a capital plan for approval under section 142 of the School Act, a

school board must consult with each local government in the school district, and theschool board and local government must make all reasonable efforts to reach agreementon the following:(a) a projection of the number of eligible development units to be authorized or

created in the school district in the time frame specified by the minister undersection 142 of the School Act for school site acquisition planning;

(b) a projection of the number of children of school age, as defined in the School Act, that will be added to the school district as the result of the eligible developmentunits projected under paragraph (a);

(c) the approximate size and the number of school sites required to accommodatethe number of children projected under paragraph (b);

(d) the approximate location and value of school sites referred to in paragraph (c).(3.) Following the consultation under subsection (2) with each local government in the school

district, the school board must make a written proposal that sets out its projections oneach matter referred to in subsection (2) (a) to (d) for the school district.

(4.) The school board must(a) consider the proposal referred to in subsection (3) at a public meeting of the

school board, and(b) provide written notice of the date, time and place of the meeting to each local

government in the school district.(5.) After considering the proposal referred to in subsection (3) at one or more meetings

under subsection (4), the school board must



(a) pass a resolution setting out its decisions respecting the matters referred to insubsection (3), and

(b) forward a copy of the resolution to each local government in the school districtand request that the local government consider the proposed eligible school siterequirements.

(6.) A local government that has received a request under subsection (5) (b) must considerthe school board’s resolution at a regular council meeting and, within 60 days ofreceiving the request,(a) pass a resolution accepting the school board’s resolution of proposed eligible

school site requirements for the school district, or(b) respond in writing to the school board indicating that it does not accept the

school board’s proposed school site requirements for the school district andindicating(i) each proposed eligible school site requirement to which it objects, and(ii) the reasons for the objection.

(7.) If a local government fails to respond within the time required by subsection (6), it isdeemed to have agreed to the proposed eligible school site requirements for the schooldistrict set out in the school board’s resolution.

(8.) If the local government provides notice under subsection (6) that it does not accept theproposed eligible school site requirements for the school district, the minister responsiblefor the School Act must appoint a facilitator, whose responsibilities are to(a) advise all local governments in the school district of his or her appointment, and(b) assist the school board and the local governments to reach an agreement on

proposed eligible school site requirements.(9.) If the school board and the local governments reach an agreement under subsection (8),

the school board must(a) amend the resolution under subsection (5) or pass a new resolution under that

subsection to reflect the agreement, and(b) forward a copy of the new or amended resolution to each local government in

the school district.(10.) If no agreement is reached under subsection (8), the facilitator must

(a) make a report to the minister and the minister responsible for the School Actsetting out the disagreement between the parties and must makerecommendations as to the resolution of the disagreement, and

(b) provide a copy of the report to the school board and each local government inthe school district.

(11.) The school board must attach a copy of the facilitator’s report to its capital plansubmitted under section 142 of the School Act.

1998-27-2.

Setting school site acquisition charges937.5 (1.) Subject to the regulations, within 60 days of receiving approval of its capital plan under

section 142 of the School Act, the school board of an eligible school district must, bybylaw, set the school site acquisition charges applicable to the prescribed categories ofeligible development for the school district in accordance with the following formula:



SSAC = [(A × B) ÷ C] × D

where

SSAC

= the school site acquisition charge applicable to each prescribed category of eligible development;

A

= the value of land required to meet the school board's eligible school site requirements;

B

= 35%, or, if another percentage is set by regulation, that other percentage;

C

= the number of eligible development units set out in the final resolution of the school board under section 937.4;

D

= a factor set by regulation for the prescribed categories of eligible development.

(2.) The amount of a school site acquisition charge set under subsection (1) may not exceedthe maximum charge prescribed by regulation for each prescribed category of eligibledevelopment.

(3.) Subject to subsection (4), a school site acquisition charge does not come into effect until60 days after the day on which the bylaw setting the charge is adopted by the schoolboard.

(4.) If, after an application for a subdivision of land or for the issuance of a building permit inrespect of an eligible development has been submitted to an approving officer or a localgovernment, as the case may be, and the applicable fee has been paid,(a) a school site acquisition charge comes into effect with respect to that eligible

development, or(b) the school site acquisition charge applicable to that eligible development is

increased,the charge or increase does not apply to that eligible development for a period of 12



months after the school site acquisition charge bylaw comes into effect.1998-27-2.


Provision of land for school sites937.6 A person who is required to pay a school site acquisition charge under section 937.3

may, in place of the charge, or in partial payment of the charge, provide land to the localgovernment or to the school board but only if all of the following agree to the provision ofthat land:(a) the local government;(b) the school board having responsibility for the school district in which the land is

located;(c) the person otherwise required to pay the school site acquisition charge.

1998-27-2.

No subdivision or building permit unless charge paid

937.7 If a school site acquisition charge is payable under section 937.3 in respect of asubdivision approval or the issuance of a building permit, final subdivision approval mustnot be given and a building permit must not be issued unless one or more of thefollowing has occurred:(a) the applicable school site acquisition charge has been paid to the local

government;(b) if land is to be provided in the place of a school site acquisition charge under

section 937.6,(i) a registrable transfer of land has been provided to the local government

or the school board, as the case may be, or(ii) in the case of an application for approval of a subdivision, the approving

officer has endorsed on the subdivision plan a statement that finalapproval to the subdivision is given on the condition that the registrabletransfer of land will accompany the application to deposit the subdivisionplan in the land title office;

(c) the person otherwise required to pay the charge has provided to the localgovernment, in a form satisfactory to the local government, security for paymentof the school site acquisition charge or security for the provision of the landreferred to in paragraph (b).

1998-27-2.

Credit for previous contributions937.8 (1.) If a person who is required to pay a school site acquisition charge under section 937.3

has already(a) provided land for a school site in the school district, or(b) paid all or part of the cost of a school site in the school district,the local government may, with the agreement of the school board, deduct the value ofthat land or the amount paid or a portion of either from the school site acquisition charge



that is payable in respect of an eligible development.(2.) A deduction may not be made under subsection (1)

(a) for land or money provided to the local government under an agreement enteredinto under section 942 as it read before this section comes into force, or

(b) for land or money provided to the local government or the school board under abylaw made under section 937.5.

1998-27-2.

Transfer to school board937.9 (1.) The local government to which a school site acquisition charge has been paid must,

promptly after receiving payment, provide the money to the school board of the schooldistrict in which the eligible development is located.

(2.) If land is provided to a local government under section 937.6, the local government towhich the land is provided must, promptly after receiving title to the land, transfer title tothe land to the school board having responsibility for the school district in which theeligible development is located.

(3.) Despite subsection (1) or (2), a local government may charge a school boardadministration fees and disbursements authorized by the regulations.

1998-27-2.

Regulations for this Division937.91 The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing categories of eligible development that are exempt from school siteacquisition charges under section 937.3 (1);

(b) requiring a local government or school board to supply information for thepurpose of section 937.4;

(c) prescribing categories of eligible development for the purposes of this Division;(d) prescribing a percentage for the value “B” in the formula set out in section 937.5

(1);(e) prescribing factors for each prescribed category of eligible development for the

value “D” in the formula set out in section 937.5 (1);(f) establishing maximum school site acquisition charges payable with respect to

the different categories of eligible development;(g) respecting the setting of school site acquisition charges under section 937.5 and,

without limitation, enabling or requiring a school district to calculate differentschool site acquisition charges for one or more local governments in the schooldistrict;

(h) governing the procedure a local government or a school board must follow forthe purpose of the calculation referred to in paragraph (g);

(i) respecting administration fees and disbursements that may be charged undersection 937.9 (3).

1998-27-2.

Part 26: Division 11 – Subdivision and Development Requirements




Subdivision servicing requirements938. (1.) A local government may, by bylaw, regulate and require the provision of works and

services in respect of the subdivision of land, and for that purpose may, by bylaw, do oneor more of the following:(a) regulate and prescribe minimum standards for the dimensions, locations,

alignment and gradient of highways in connection with subdivisions of land;(b) require that, within a subdivision, highways, sidewalks, boulevards, boulevard

crossings, transit bays, street lighting or underground wiring be provided, and belocated and constructed in accordance with the standards established by thebylaw;

(c) require that, within a subdivision, a water distribution system, a fire hydrantsystem, a sewage collection system, a sewage disposal system, a drainagecollection system or a drainage disposal system be provided, located andconstructed in accordance with the standards established in the bylaw.

(2.) A bylaw under subsection (1) may be different in relation to one or more of the following:(a) different circumstances;(b) different areas;(c) different land uses;(d) different zones;(e) different classes of highways.

(3.) A local government must not impose a requirement under subsection (1) (b) or (c) inrespect of a subdivision under the Strata Property Act.

(3.1) Before it is adopted, a bylaw under subsection (1) (a) or (b) that establishes standards orrequirements in relation to highways in an area outside a municipality(a) must be approved by the minister responsible for the Highway Act, if the regional

district provides the services referred to in section 800 (2) (i) [approving officerservices], and

(b) may be approved by that minister for the purposes of section 13.1 (4) of that Act.(4.) If a local government, an improvement district or greater board operates a community

water or sewer system, or a drainage collection or disposal system, the local governmentmay, by bylaw, require that a system referred to in subsection (1) (c) be connected to thelocal government, improvement district or greater board system, in accordance withstandards established in the bylaw.

(5.) If there is no community water system, the local government may, by bylaw, require thateach parcel to be created by the subdivision have a source of potable water having aflow capacity at a rate established in the bylaw.

(6.) As a condition of(a) the approval of a subdivision, or(b) the issue of a building permit,a local government may require that the owner of the land provide works and services, inaccordance with the standards established in a bylaw under this section, on that portionof a highway immediately adjacent to the site being subdivided or developed, up to thecentre line of the highway.

(7.) As a condition of the issue of a building permit, a local government may require that theowner of the land provide, on the site being developed, works and services inaccordance with the standards established in a bylaw under this section.

(8.) Requirements under subsections (6) and (7)



(a) may only be made insofar as they are directly attributable to the subdivision ordevelopment, and

(b) must not include specific services that are included in the calculations used todetermine the amount of a development cost charge, unless the owner agrees toprovide the services.

(9.) If the owner agrees to provide the services referred to in subsection (8) (b), thecalculation of the development cost charge is subject to section 933 (8).

RS1979-290-989; 1985-79-8; 1987-14-45; 1997-25-149; 1999-37-209; 1998-43-312 (B.C.Reg. 43/2000); 2000-7-175.

Excess or extended services and latecomer payments

939. (1.) For the purposes of this section, “excess or extended services” means(a) a portion of a highway system that will provide access to land other than the land

being subdivided or developed, and(b) a portion of a water, sewage or drainage system that will serve land other than

the land being subdivided or developed.(2.) A local government may require that the owner of land that is to be subdivided or

developed provide excess or extended services.(3.) If an owner, in accordance with a bylaw under section 938, provides a highway or water,

sewage or drainage facilities that serve land other than the land being subdivided ordeveloped, this section applies.

(4.) If a local government makes a requirement under subsection (2), the cost of providingthe excess or extended services must be paid for by(a) the municipality or regional district, or(b) if the local government considers its costs to provide all or part of these services

to be excessive, by the owner of the land being subdivided or developed.(5.) If the owner is required under subsection (4) (b) to pay all or part of the costs of excess

or extended services, the municipality or regional district must(a) determine the proportion of the cost of providing the highway or water, sewage

or drainage facilities that it considers constitutes the excess or extended service,(b) determine which part of the excess or extended service that it considers will

benefit each of the parcels of land that will be served by the excess or extendedservice, and

(c) impose, as a condition of an owner connecting to or using the excess orextended service, a charge related to the benefit determined under paragraph(b).

(6.) If the municipality or regional district pays all or part of the costs of excess or extendedservices, it may recover costs(a) by a charge under subsection (5) (c),(b) by a tax imposed in accordance with Division 5 [Local Service Taxes] of Part 7 of

the Community Charter, other than section 211 (1) of that Act, or(c) by fee imposed in accordance with section 363 [imposition of fees and charges]

of this Act or section 194 [municipal fees] of the Community Charter.(7.) If the owner pays all or part of the costs of excess or extended services, the municipality

or regional district must pay the owner(a) all the charges collected under subsection (5) (c), if the owner pays all the costs,

or



(b) a corresponding proportion of all charges collected, if the owner pays a portionof the costs.

(8.) A charge payable under subsection (5) (c) must include interest calculated annually at arate established by bylaw, payable for the period beginning when the excess or extendedservices were completed, up to the date that the connection is made or the use begins.

(9.) Charges payable for latecomer connections or use under subsection (5) (c) must becollected during the period beginning when the excess or extended services arecompleted, up to a date to be agreed on by the owner and the local government and,failing agreement, to a date determined under the Commercial Arbitration Act, but nocharges are payable beyond 10 years from the date the service is completed.

RS1979-290-990; 1987-14-46; 1999-37-210; 2003-52-397.

Completion of works and services940. (1.) All works and services required to be constructed and installed at the expense of the

owner of the land being subdivided or developed must be constructed and installed tothe standards established in the bylaw under section 938 before the approving officerapproves of the subdivision or the building inspector issues the building permit.

(2.) As an exception, the approval may be given or the permit issued if the owner of the land(a) deposits, with the municipality or regional district, security

(i) in the form and amount established in the bylaw, or(ii) if no amount and form is established in the bylaw, in a form and amount

satisfactory to the approving officer or building inspector having regardto the cost of installing and paying for all works and services requiredunder the bylaw, and

(b) enters into an agreement with the municipality or regional district to constructand install the required works and services by a specified date or forfeit to themunicipality or regional district the amount secured under paragraph (a).

(3.) As an exception, security may not be provided under subsection (2) to a regional districtin relation to the construction of a highway unless a designated highways official, asdefined in the Land Title Act, approves the provision of security for that purpose.

RS1979-290-991; 1985-79-8; 1987-14-47; 1997-25-150.

Provision of park land941. (1.) An owner of land being subdivided must, at the owner’s option,

(a) provide, without compensation, park land of an amount and in a locationacceptable to the local government, or

(b) pay to the municipality or regional district an amount that equals the marketvalue of the land that may be required for park land purposes under this sectiondetermined under subsection (6).

(2.) Despite subsection (1), if an official community plan contains policies and designationsrespecting the location and type of future parks, the local government may determinewhether the owner must provide land under subsection (1) (a) or money undersubsection (1) (b).

(3.) Despite subsections (1) and (2), if a regional district does not provide a community parksservice, the option under subsection (1) (b) does not apply and the owner must provideland in accordance with subsection (1) (a).

(4.) The amount of land that may be required under subsection (1) (a) or used for



establishing the amount that may be paid under subsection (1) (b) must not exceed 5%of the land being proposed for subdivision.

(5.) Subsection (1) does not apply to(a) a subdivision by which fewer than 3 additional lots would be created, except as

provided in subsection (5.1),(b) a subdivision by which the smallest lot being created is larger than 2 hectares, or(c) a consolidation of existing parcels.

(5.1) Subsection (1) does apply to a subdivision by which fewer than 3 additional lots would becreated if the parcel proposed to be subdivided was itself created by subdivision withinthe past 5 years.

(6.) If an owner is to pay money under subsection (1) (b), the value of the land is whicheverof the following is applicable:(a) the average market value of all the land in the proposed subdivision calculated

as that value would be on either(i) the date of preliminary approval of the subdivision, or(ii) if no preliminary approval is given, a date within 90 days before the final

approval of the subdivision,as though

(iii) the land is zoned to permit the proposed use, and(iv) any works and services necessary to the subdivision have not been

installed;(b) if the local government and the owner agree on a value for the land, the value on

which they have agreed.(7.) If an owner and a local government do not agree on the market value for the purpose of

subsection (6), it must be determined in the manner prescribed in the regulations that theminister may make for the purpose.

(8.) If an area of land has been used to calculate the amount of land or money provided orpaid under this section, that area must not be taken into account for a subsequententitlement under subsection (1) in respect of any future subdivision of the land.

(9.) Subject to subsection (11), land or payment referred to in subsection (1) must beprovided or paid to a municipality or regional district before final approval is given, or theowner and the local government may enter into an agreement that the land or paymentbe provided or paid by a date, specified in the agreement, after final approval has beengiven.

(10.) Notice of an agreement under subsection (9) must be filed with the registrar of land titlesin the same manner as a permit may be filed and section 927 applies.

(11.) Despite subsection (9), the minister may, by regulation,(a) authorize the payment that may be required by this section to be made by

instalments, and(b) prescribe the conditions under which instalments may be paid.

(12.) If an owner pays money for park land under this section, the municipality or regionaldistrict must deposit this in a reserve fund established for the purpose of acquiring parklands.

(13.) If land is provided for park land under this section, the land must be shown as park onthe plan of subdivision.

(14.) Section 107 of the Land Title Act applies to park land referred to in subsection (13),except that



(a) in the case of land within a municipality, title vests in the municipality, and(b) in the case of land outside a municipality, title vests in the regional district if it

provides a community parks service.(15.) Any reserve fund established by a regional district under the Park (Regional) Act must be

continued on the repeal of that Act as a reserve fund under this Act held for the purposeof acquiring regional parks or regional trails.

RS1979-290-992; 1985-79-8; 1987-14-48; 1988-47-7; 1989-59-18; 1995-32-1; 1999-37-211; 1998-27-3; 2000-7-176; 2003-90-10; 2003-52-398;

2004-34-17.

Disposition of regional parks and trails941.1 (1.) A regional district, by bylaw adopted with the approval of the electors, may sell a regional

park or regional trail or exchange it for other land to be used for park purposes.(2.) The regional district must place the proceeds of a sale under subsection (1) to the credit

of a reserve fund established for the purpose of acquiring regional parks or regionaltrails.

(3.) Repealed. [2004-34-18(c)](4.) All land taken in exchange under this section is dedicated for the purpose of a park and

title to it vests in the regional district.(5.) Transfers of land under this section have effect free of any dedication to the public for

the purpose of a park.2003-90-11; 2004-34-18.



Bylaws adopted after application for subdivision submitted

943. If, after(a) an application for a subdivision of land located outside a municipality has been

submitted to a district highway manager in a form satisfactory to that official, or(b) an application for a subdivision of land within a municipality has been submitted

to an approving officer and the applicable subdivision fee has been paid,a local government adopts a bylaw under this Part that would otherwise be applicable tothat subdivision, the bylaw has no effect with respect to that subdivision for a period of12 months after it was adopted unless the applicant agrees in writing that it should haveeffect.

RS1979-290-993; 1985-79-8; 1987-14-49.

Parcel frontage on highway944. (1.) If a parcel being created by a subdivision fronts on a highway, the minimum frontage on

the highway must be the greater of(a) 10% of the perimeter of the lot that fronts on the highway, and



(b) the minimum frontage that the local government may, by bylaw, provide.(2.) A local government may exempt a parcel from the statutory or bylaw minimum frontage

provided for in subsection (1).(3.) As a limitation on section 176 (1) (e) [corporate powers - delegation] of this Act or section

154 [delegation of council authority] of the Community Charter, a local government maydelegate its powers under subsection (2) only to an approving officer.

RS1979-290-994; 1985-79-8; 1987-14-50; 1998-34-205; 2003-52-399.

Highway provision and widening945. (1.) An approving officer may require that the owner of the land being subdivided provide, out

of the land that is being subdivided and without compensation, land not greater than(a) 20 metres in depth, for a highway within the subdivision, or(b) the lesser of

(i) 10 metres in depth, and(ii) the difference between the current width of a local highway and 20

metres,for widening an existing local highway that borders or is within the subdivision.

(2.) If the approving officer believes that, due to terrain and soil conditions, a roadway of awidth of 8 metres cannot, within the 20 metre limit referred to in subsection (1), beadequately supported, protected or drained, the approving officer may determine that theowner provide, without compensation, land of a greater width than that referred to insubsection (1) (a) or (b) that, in the approving officer’s opinion, would permit the localhighway to be supported, protected or drained.

RS1979-290-995; 1985-79-8; 1987-14-51.

Subdivision to provide residence for a relative

946. (1.) If the requirements of this section are met, an approving officer may approve thesubdivision of a parcel of land that would otherwise be prevented from subdivision by aprovision in(a) a bylaw under this Act other than a bylaw under subsection (4), or(b) a regulation under the Local Services Actthat establishes a minimum parcel size.

(2.) An application for subdivision of a parcel under this section may only be made if all thefollowing requirements are met:(a) the person making the application has owned the parcel for at least 5 years

before making the application;(b) the application is made for the purpose of providing a separate residence for the

owner or for the owner’s mother, father, mother-in-law, father-in-law, daughter,son, daughter-in-law, son-in-law or grandchild;

(c) the subdivision would not be a subdivision that an approving officer is preventedfrom approving by subsection (3).

(3.) Despite subsection (1), an approving officer must not approve a subdivision under thissection in any of the following circumstances:(a) if

(i) the parcel proposed to be subdivided is classified as farm land forassessment and taxation purposes, and



(ii) after creation of the parcel subdivided for the purpose of providing aresidence as stated in subsection (2) (b), the remainder of the parcelproposed to be subdivided would be less than 2 hectares;

(b) if the parcel proposed to be subdivided(i) is not within an agricultural land reserve established under the

Agricultural Land Commission Act, and(ii) was created by subdivision under this section, including subdivision

under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it readbefore it was repealed and replaced by section 13 of the MunicipalAmendment Act (No. 2), 1989;

(c) if the parcel proposed to be subdivided(i) is within an agricultural land reserve established under the Agricultural

Land Commission Act, and(ii) was within the previous 5 years created by subdivision under this

section, including subdivision under section 996 of the Municipal Act,R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced bysection 13 of the Municipal Amendment Act (No. 2), 1989.

(4.) Subject to subsections (5) and (6), a local government may, by bylaw, establish theminimum size for a parcel that may be subdivided under this section, and different sizesmay be specified for different areas specified in the bylaw.

(5.) A bylaw under subsection (4) does not apply to land within an agricultural land reserveestablished under the Agricultural Land Commission Act, with the exception of land towhich section 23 (1) or (2) of that Act applies.

(6.) Any parcel created by subdivision under this section must be at least 1 hectare unless asmaller area, in no case less than 2 500 m2, is approved by the medical health officer.

(7.) For 5 years after subdivision under this section,(a) the use of the parcel subdivided for the purpose of providing a residence as

stated in subsection (2) (b) must be residential use only, and(b) the use of the remainder of the original parcel must not be changed from the use

of the original parcel,unless the use is changed by bylaw.

(8.) For a parcel of land that is not within an agricultural land reserve established under the Agricultural Land Commission Act, or that is within such a reserve but is land to whichsection 23 (1) or (2) of that Act applies, approval of subdivision under this section mayonly be given on the condition that(a) the owner of the original parcel covenants with the local government, in respect

of each of the parcels being created by the subdivision, that the parcel(i) will be used as required by subsection (7), and(ii) will not be subdivided under this section, and

(b) the covenants referred to in paragraph (a) be registered under section 219 of theLand Title Act at the same time that application is made to deposit thesubdivision plan.

(9.) If a subdivision referred to in subsection (8) is approved, the approving officer must stateon the note of approval required by section 88 of the Land Title Act that the approval issubject to conditions established by subsection (8).RS1979-290-996; 1989-33-13; 1999-14-40 (B.C.Reg. 70/2000); 2000-7-177; 2002-36-87; 2004-12-29.



Part 26: Division 12 – Contaminated Sites

Assessment of site profiles946.1 (1.) Repealed. [2003-52-400(a)]

(2.) A municipality or regional district must(a) assess site profiles referred to in section 40 (1) [site profiles] of the

Environmental Management Act, and(b) in accordance with section 40 (4) [site profiles] of the Environmental

Management Act, provide site profiles to a manager.RS1979-290-999; RS1996(Supp)-323-9; 1993-25-11; 2003-52-400; 2003-53-161.

Environmental Management Act requirements must be met946.2 (1.) This section applies to an application for one or more of the following:

(a) zoning;(b) development permits or development variance permits;(c) removal of soil;(d) demolition permits respecting structures that have been used for commercial or

industrial purposes.(2.) A municipality must not approve an application referred to in subsection (1) with respect

to a site where a site profile is required under section 40 [site profiles] of the Environmental Management Act unless at least one of the following is satisfied:(a) the municipality has received a site profile required under section 40 of the

Environmental Management Act with respect to the site and the municipality isnot required to forward a copy of the site profile to a director under section 40 (4)(b) of that Act;

(b) the municipality has received a site profile under section 40 of the EnvironmentalManagement Act with respect to the site, has forwarded a copy of the site profileto the director under section 40 (4) (b) of that Act and has received notice from adirector that a site investigation under section 41 [site investigations] of that Actwill not be required by the director;

(c) the municipality has received a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act thatthe site is not a contaminated site;

(d) the municipality has received notice from a director under the EnvironmentalManagement Act that the municipality may approve an application under thissection because, in the opinion of the director, the site would not present asignificant threat or risk if the application were approved;

(e) the municipality has received notice from a director under the EnvironmentalManagement Act that the director has received and accepted a notice ofindependent remediation with respect to the site;

(f) the municipality has received notice from a director under the EnvironmentalManagement Act that the director has entered into a voluntary remediationagreement with respect to the site;

(g) the municipality has received a valid and subsisting approval in principle orcertificate of compliance under section 53 [approvals in principle and certificatesof compliance] of the Environmental Management Act with respect to the site.



2003-53-162.




PART 27 – HERITAGE CONSERVATION


Definitions947. (1.) The definitions in section 872 apply to this Part.

(2.) In addition to the definitions made applicable by subsection (1), in this Part:"alter" means to change in any manner and, without limiting this, includes

(a) the making of an improvement, as defined in the Builders Lien Act, and(b) any action that detracts from the heritage value or heritage character of heritage

property;

"approval" means a permit, licence or other authorization required under this or any otherenactment administered by the local government or a delegate;

"delegate" means, in relation to a power or duty, a person given authority under section 176 (1)(e) [corporate powers - delegation] of this Act or section 154 [delegation of council authority] ofthe Community Charter to exercise that power or duty;

"heritage alteration permit" means a permit under section 972;

"heritage conservation area" means an area designated under section 970.1 (1) in an officialcommunity plan;

"heritage designation bylaw" means a bylaw under section 967;

"heritage inspection" means the physical examination of property and the research necessaryto assess the heritage value and the heritage character of the property or to determine the needfor conservation of the property;

"heritage revitalization agreement" means an agreement under section 966;

"real property" includes buildings, structures and other improvements affixed to the land.

(3.) A regional district does not have authority under this Part and its board is not a localgovernment for the purposes of this Part unless the regional district has adopted a bylawto establish and operate a service under section 800.1 (2) (h) [services related toheritage conservation].

(4.) A provision of this Part that applies to an officer or employee of a local government mayapply to an officer or employee of another government with the approval of thatgovernment.

RS1979-290-1002; 1994-43-75; 1998-34-208; 2000-7-179, 178; 2003-52-402.

Limits on the use of this Part



948. (1.) This Part must not be used to conserve natural landscapes or undeveloped land except(a) to the extent that the exercise of power under this Part in respect of natural

landscape or undeveloped land is, in the opinion of the local government,necessary for the conservation of adjacent or proximate real property that isprotected heritage property,

(b) with respect to a site that has heritage value or heritage character related tohuman occupation or use, or

(c) with respect to individual landmarks and other natural features that have culturalor historical value.

(2.) Repealed. [2003-80-58](2.1) This Part must not be used to restrict a forest management activity on land that is private

managed forest land under the Private Managed Forest Land Act.(3.) This Part must not be used to prevent a use of real property that is permitted under the

applicable zoning bylaw for the property or to prevent the development of land to thedensity allowed in respect of that permitted use under the applicable zoning bylaw,except with regard to property that(a) is designated by a heritage designation bylaw, or(b) is subject to temporary heritage protection under this Part.

(4.) If there is a conflict between a provision of this Part, or a permit or order made under thisPart, and the Heritage Conservation Act, or a permit or order made under that Act, the Heritage Conservation Act, or the permit or order made under it, prevails.

RS1979-290-1003; 1994-43-75; 1994-40-53; 2003-80-58.

Limit on compensation949. Except as provided in sections 956 (7) and 969 a person is not entitled to compensation

for(a) any loss or damage, or(b) any reduction in the value of propertythat results from the performance in good faith of any duty under this Part or the exercisein good faith of any power under this Part.

RS1979-290-1004; 1994-43-75.

Bylaw and permit procedures950. (1.) A local government may, by bylaw, define procedures under which a person may apply

for an amendment to a bylaw under this Part or for the issue of a permit under this Part.(2.) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit

may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3of the votes cast.

(3.) Every application for a heritage alteration permit or the amendment of a bylaw under thisPart must be considered by the local government or, if applicable, its delegate.

(4.) The applicant or owner of property subject to a decision made by a delegate is entitled tohave the local government reconsider the matter.

RS1979-290-1005; 1994-43-75; 1998-34-209.




Ombudsman review of local government decisions

952. (1.) The Ombudsman appointed under the Ombudsman Act may investigate complaintsabout decisions made by a local government under this Part or about procedures usedby a local government under this Part.

(2.) Subsection (1) does not authorize the Ombudsman to investigate an issue involvingcompensation for reduction in the market value of real property caused by a designationunder section 967.

(3.) The Ombudsman Act, other than section 11 (1) (a) of that Act, applies to investigationsunder this section and, for that purpose, the local government is deemed to be anauthority as defined in that Act.

(4.) During an investigation under this section and for up to 6 months after the completion ofthe investigation if the Ombudsman considers the matter to be unresolved, theOmbudsman may direct that the local government or the complainant, or both, must nottake any action on matters specified by the Ombudsman.

(5.) If the Ombudsman makes a recommendation under section 23 or 24 of the OmbudsmanAct regarding an investigation under this section and no action that the Ombudsmanbelieves adequate or appropriate is taken by the local government within a reasonabletime, the Ombudsman may make a report to the Lieutenant Governor in Council of therecommendation and such additional comments as the Ombudsman considersappropriate.

(6.) On receipt of a report from the Ombudsman, the Lieutenant Governor in Council maymake an order that the Lieutenant Governor in Council believes is in the public interest,and the order is binding on the local government.

(7.) Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.

RS1979-290-1007; 1994-43-75.

Part 27: Division 2 – Heritage Review

Community heritage commissions953. (1.) In addition to the authority under section 176 (1) (g) [corporate powers - regional district

commissions] of this Act or section 143 [municipal commissions] of the CommunityCharter, a local government may designate an existing organization to act as acommunity heritage commission.

(2.) In relation to an organization designated under subsection (1),(a) when the organization is acting as a community heritage commission, the

organization is deemed to be a commission established under the applicableprovision referred to in subsection (1), and

(b) when a member of the organization is acting as a member of a communityheritage commission, the member is deemed to be a member of a commissionestablished under the applicable provision referred to in subsection (1).

2003-52-403.

Community heritage register954. (1.) A local government may, by resolution, establish a community heritage register that



identifies real property that is considered by the local government to be heritageproperty.

(2.) The community heritage register(a) must indicate the reasons why property included in a community heritage

register is considered to have heritage value or heritage character, and(b) may distinguish between heritage properties of differing degrees and kinds of

heritage value or heritage character.(3.) Within 30 days after including a property in a community heritage register or deleting

property from a community heritage register, the local government must give notice ofthis(a) to the owner of the heritage property in accordance with section 974, and(b) to the minister responsible for the Heritage Conservation Act in accordance with

section 977.(4.) The protection of heritage property is not affected by an error or omission in a community

heritage register.RS1979-290-1009; 1994-43-75.

Heritage recognition955. (1.) A local government may recognize the heritage value or heritage character of a heritage

property, an area or some other aspect of the community’s heritage.(2.) The local government may have a plaque or other marker installed to indicate

recognition under subsection (1), subject to the requirement that permission for this mustbe obtained from the owner of the property on which the marker is installed.

RS1979-290-1010; 1994-43-75.

Heritage inspection may be ordered956. (1.) For the purposes of assessing the heritage value, heritage character or the need for

conservation of real property, a local government or its delegate may order a heritageinspection of the property in any of the following circumstances:(a) the property is or may be protected heritage property;(b) the property is identified as heritage property in a community heritage register;(c) the property is or may be heritage property according to criteria that the local

government may, by bylaw, establish for the purposes of this Part.(2.) An order under subsection (1)

(a) must state the purpose of the heritage inspection,(b) must specify how long the order is to remain in effect,(c) must require the heritage inspection to be carried out in an expeditious manner,(d) may provide that the property covered by the order is subject to temporary

protection as provided in section 965 until the applicable time under subsection(3) or section 957 (5), and

(e) may include terms, conditions and specifications that the local government ordelegate considers appropriate.

(3.) Temporary protection under subsection (2) (d) applies until the earliest of the following,subject to an extension of this time under section 957 (5):(a) the day after a report of the results of the heritage inspection is delivered to a

regular meeting of the local government;(b) the day the local government or its delegate informs the owner that the heritage



inspection is completed or is no longer required;(c) 30 days after the day on which the heritage inspection was ordered.

(4.) A person must not interfere with the conducting of a heritage inspection.(5.) A person conducting a heritage inspection may perform tests and remove material

samples that are necessary for the purposes of the heritage inspection, but must do thisin such a manner that any alterations are as minor and inconspicuous as reasonablypossible given the requirements of the heritage inspection.

(6.) On completion of a heritage inspection, the local government must(a) notify the owner of the property that a heritage inspection has been conducted, if

the owner was not notified of the heritage inspection before the heritageinspection, and

(b) make a report to the owner of what was done if, as a part of a heritageinspection, an alteration is made or material is removed.

(7.) A person whose property is damaged by a heritage inspection under subsection (1) isentitled to have the damage repaired at the expense of the local government or, if thedamage cannot be repaired, to compensation from the local government.

RS1979-290-1011; 1994-43-75.

Entry authority for a heritage inspection957. (1.) An order under section 956 (1) authorizes a person conducting the heritage inspection to

enter land or premises identified in the order at any reasonable time for the purposes ofthe heritage inspection.

(2.) Before or when entering land under subsection (1), the person conducting the heritageinspection or heritage investigation must make a reasonable attempt to notify the owneror occupier of the land and, if requested, present a copy of the order to the owner oroccupier.

(3.) Except as provided in subsection (4), nothing in this section or an order made undersection 956 authorizes entry into a building without the permission of the owner oroccupier.

(4.) A justice may issue a warrant authorizing a person to enter land or a building to conducta heritage inspection ordered under section 956 (1) if the justice is satisfied that(a) there are reasonable grounds to believe that entry is required to achieve the

purposes of the heritage inspection, and(b) there are reasonable grounds to believe that

(i) an emergency exists,(ii) the person conducting the heritage inspection or heritage investigation

has been unable to notify the owner or occupier after making areasonable attempt to do so,

(iii) admission has been refused or refusal is anticipated, or(iv) notification may defeat the object of the entry.

(5.) A warrant under subsection (4) may extend the time period for which the property isprotected under section 956 (2) (d) and continues in force until the purpose for which theentry is required has been satisfied.

(6.) If a heritage inspection is conducted under a warrant under subsection (4), the personconducting the heritage inspection must be accompanied by a peace officer.

RS1979-290-1012; 1994-43-75.



Impact assessment may be required958. (1.) If, in the opinion of the local government or its delegate, an approval may affect

protected heritage property, the local government or delegate may require the applicantfor the approval, before the approval is issued,(a) to provide the local government or delegate, at the expense of the applicant, with

information regarding the possible effects that the activity or action enabled bythe approval may have on the heritage property, or

(b) to permit the local government or delegate to undertake, at the expense of thelocal government, studies regarding the matters referred to in paragraph (a)provided that those studies are undertaken promptly.

(2.) A requirement under subsection (1) must be communicated to the applicant in writingand include specifications of the information to be provided and of the qualifications ofany persons undertaking studies to produce the information.

(3.) Specifications referred to in subsection (2) must not be changed by the local governmentor its delegate without the agreement of the applicant.

RS1979-290-1013; 1994-43-75.

Local government requests for Provincial protection

959. (1.) If, in the opinion of a local government, real property owned by the Provincialgovernment has heritage value or heritage character, the local government may, byresolution, request that Provincial protection be provided for the property.

(2.) Within 5 days after a resolution under subsection (1) is adopted, the local governmentmust convey the resolution to the minister responsible for the Heritage Conservation Act.

(3.) Once a request has been made under subsection (1), the property for which theprotection is requested is subject to temporary protection in accordance with section 965until the earlier of the following:(a) the end of 30 days after the resolution authorizing the request was adopted;(b) the minister responsible for the Heritage Conservation Act notifies the local

government in writing that the temporary protection is ended.(4.) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Provincial

government.(5.) No more than one request may be made under subsection (1) with respect to any

particular building, structure or site during any one 10 year period.RS1979-290-1014; 1994-43-75; 1999-38-54.

Part 27: Division 3 – Temporary Protection

Withholding of approvals960. (1.) A local government may, by bylaw, direct or authorize the officers or employees of the

local government who issue approvals to withhold the issuance of any approval for anaction that, in the opinion of the person responsible for issuing the approval, would alteror cause an alteration to any of the following:(a) protected heritage property;(b) property subject to temporary heritage protection under another section of this

Part;



(c) property in a community heritage register.(2.) A bylaw under subsection (1) may establish restrictions, limits or conditions on the duty

or power to withhold approvals.(3.) If an approval is withheld under subsection (1), the matter must be referred to the local

government at its next regular meeting after the approval is withheld.(4.) If an approval is referred to the local government with regard to property referred to in

subsection (1) (a) or (b), the local government may authorize that the approval continueto be withheld until an action referred to in subsection (5) occurs.

(5.) An approval must not be withheld under this section if one or more of the followingoccurs:(a) a heritage alteration permit is issued authorizing the alteration to which the

approval applies;(b) the applicant agrees to terms and conditions satisfactory to the local government

or its delegate to prevent or mitigate circumstances that may detract from theheritage value or heritage character of the property;

(c) in the case of property subject to temporary heritage protection, the protectionexpires;

(d) in the case of property that appears to the person responsible for issuing theapproval to be protected under the Heritage Conservation Act, the localgovernment is notified by the minister responsible for that Act that therequirements of that Act have been met or do not apply.

(6.) Except as provided in subsection (4), nothing in this section authorizes the withholding ofan approval to which an applicant would otherwise be entitled beyond the time of themeeting at which the matter is referred to the local government under subsection (3).

RS1979-290-1015; 1994-43-75.

Withholding of demolition permits until other approvals issued

961. (1.) Without limiting section 960, a local government may, by bylaw, direct or authorize theofficers or employees of the local government who issue permits for demolition towithhold approval for demolition in the following circumstances:(a) in the case of protected heritage property, until a heritage alteration permit and

any other necessary approvals have been issued with respect to alteration orredevelopment of the site;

(b) in the case of real property identified in a community heritage registerestablished under section 954, until a building permit and any other necessaryapprovals have been issued with respect to the alteration or redevelopment ofthe site.

(2.) A local government may establish restrictions, limits or conditions on a duty or powerunder subsection (1).

(3.) Nothing in this section authorizes the withholding of any approvals other than permits fordemolition of heritage property.

RS1979-290-1016; 1994-43-75.

Orders for temporary protection962. (1.) A local government may order that real property is subject to temporary protection in

accordance with section 965 if the local government considers that



(a) the property is or may be heritage property, or(b) protection of the property may be necessary or desirable for the conservation of

other property that is heritage property.(2.) An order under subsection (1)

(a) must specify the time period during which the temporary protection applies,which time period may not be longer than 60 days unless the owner of theproperty agrees to a longer time period, and

(b) must not be made more than once in a 2 year period without the agreement ofthe owner of the property.

(3.) An order under subsection (1) may do one or more of the following:(a) identify landscape features that are subject to the order;(b) specify types of alterations to property that are allowed without obtaining a

heritage alteration permit;(c) establish policies regarding the issuance of a heritage alteration permit in

relation to the property.RS1979-290-1017; 1994-43-75.

Temporary protection by introduction of a continuing protection bylaw

963. (1.) For a period of 120 days beginning on the date of first reading of a bylaw to adopt anofficial community plan that designates a heritage conservation area, section 971 (1)applies to all properties in the area as if the bylaw had already been adopted.

(2.) For a period of 60 days beginning on the date of the first reading of a heritagedesignation bylaw, section 967 (3) applies as if the heritage designation bylaw hadalready been adopted.

(3.) If the owner of property to which subsection (2) applies agrees, the local governmentmay, by bylaw, extend the protection referred to in that subsection for a specified periodlonger than the 60 days referred to in that subsection.

(4.) If the issue of compensation for designation is submitted to arbitration under section 969before the heritage designation bylaw is adopted, the time period under subsection (2) isextended by the time between the submission of the matter to arbitration and the deliveryof the arbitration report to the local government.

(5.) If a local government defeats or decides not to proceed with a bylaw, the protectionunder this section ends.

RS1979-290-1018; 1994-43-75; 1998-11-11.

Heritage control periods for temporary protection

964. (1.) For the purposes of heritage conservation planning for an area identified in the bylaw, alocal government may, by bylaw, declare a heritage control period with respect to thearea.

(2.) A bylaw under subsection (1) must specify the length of the heritage control period,which period may not be longer than one year from the date of adoption of the bylaw.

(3.) A bylaw under subsection (1) may do one or more of the following:(a) identify types of landscape features that are included in the protection under this

section;(b) specify types of alterations to property that are allowed without obtaining a



heritage alteration permit;(c) establish policies regarding the issuance of a heritage alteration permit in

relation to property within the area covered by the bylaw.(4.) During a heritage control period under subsection (1), property within the area covered

by the bylaw is subject to temporary protection in accordance with section 965.(5.) A heritage control period under this section may be declared once only during any 10

year period for an area or portion of an area.RS1979-290-1019; 1994-43-75.

Temporary protection965. (1.) While property is subject to temporary protection in accordance with this Division, except

as authorized by a heritage alteration permit or as referred to in subsection (2), a personmust not do any of the following to the property:(a) alter the exterior of a building or structure;(b) make a structural change to a building or structure;(c) move a building or structure;(d) alter, move or take an action that would damage a fixture or feature identified in

the authorizing resolution, order or bylaw for the temporary protection;(e) alter, excavate or build on the property.

(2.) The prohibition under subsection (1) does not apply to alterations that are, by theauthorizing resolution, bylaw or order for the temporary protection, allowed to be madewithout a heritage alteration permit.

RS1979-290-1020; 1994-43-75.

Part 27: Division 4 – Continuing Protection

Heritage revitalization agreements966. (1.) A local government may, by bylaw, enter into a heritage revitalization agreement under

this section with the owner of heritage property.(2.) A heritage revitalization agreement may do one or more of the following:

(a) include provisions regarding the phasing and timing of the commencement andcompletion of actions required by the agreement;

(b) vary or supplement provisions of one or more of the following:(i) Repealed. [2000-7-181](ii) a bylaw under Division 7, 10 or 11 of Part 26;(iii) a permit under Division 9 of Part 26;(iv) a bylaw or heritage alteration permit under this Part;

(c) include other terms and conditions that may be agreed on by the localgovernment and the owner.

(3.) A heritage revitalization agreement prevails over a bylaw or permit referred to insubsection (2) (b) to the extent of any conflict.

(4.) A heritage revitalization agreement may only be amended by bylaw with the consent ofthe owner.

(5.) A local government must not require an owner to enter into or consent to the amendmentof a heritage revitalization agreement as a condition of issuing any permit, licence orother authorization that may be required to enable the heritage property to be used or



developed in accordance with the applicable bylaws.(6.) A local government must not enter into or amend a heritage revitalization agreement

unless the agreement or amendment is approved as follows:(a) Repealed. [2003-72-20](b) by the Minister of Transportation and Highways, if the agreement or amendment

covers land subject to section 54 (2) of the Highway Act;(c) by the minister, if circumstances prescribed under subsection (7) apply.

(7.) The minister may, by regulation, prescribe circumstances in which approval undersubsection (6) (c) is required.

(8.) Before entering into or amending a heritage revitalization agreement, a local governmentmust hold a public hearing on the matter if the agreement or amendment would permit achange to the use or density of use that is not otherwise authorized by the applicablezoning of the property and, for these purposes, sections 890 to 894 apply.

(8.1) Despite section 135 [requirements for passing bylaws] of the Community Charter, if apublic hearing on the matter has been held under subsection (8), the local governmentmay adopt the bylaw under this section at the same meeting at which the bylaw passedthird reading.

(9.) Within 30 days after entering into or amending a heritage revitalization agreement, thelocal government must(a) file a notice in the land title office in accordance with section 976, and(b) give notice to the minister responsible for the Heritage Conservation Act in

accordance with section 977.(10.) If a notice is filed under subsection (9) (a), the heritage revitalization agreement and any

amendment to it is binding on all persons who acquire an interest in the land affected bythe agreement.

RS1979-290-1021; 1994-43-75; 1999-38-55; 2000-7-181; 2003-72-20; 2003-52-404.

Heritage designation protection967. (1.) A local government may, by bylaw, on terms and conditions it considers appropriate,

designate real property in whole or in part as protected under this section if the localgovernment considers that(a) the property has heritage value or heritage character, or(b) designation of the property is necessary or desirable for the conservation of a

protected heritage property.(2.) A heritage designation bylaw may do one or more of the following:

(a) apply to a single property or to part of a property;(b) apply to more than one property, including properties owned by different

persons;(c) apply to affixed interior building features or fixtures identified in the bylaw;(d) apply to landscape features identified in the bylaw;(e) establish policies or procedures regarding the provision of financial or other

support for the conservation of the heritage property;(f) specify types of alterations to the property that are allowed without a heritage

alteration permit;(g) establish policies regarding the issuance of heritage alteration permits in relation

to property covered by the bylaw.(3.) Except as authorized by a heritage alteration permit or allowed under subsection (2) (f),



a person must not do any of the following:(a) alter the exterior of a building or structure protected under this section;(b) make a structural change to a building or structure protected under this section;(c) move a building or structure protected under this section;(d) alter, remove or take an action that would damage an interior feature or fixture

that is identified under subsection (2) (c);(e) alter, remove or take an action that would damage a landscape feature that is

identified under subsection (2) (d);(f) alter, excavate or build on land protected under this section.

RS1979-290-1022; 1994-43-75.

Heritage designation procedure968. (1.) Before a heritage designation bylaw is adopted, the local government must hold a public

hearing on the proposed bylaw for the purpose of allowing affected parties and thegeneral public to make representations respecting matters contained in the proposedbylaw.

(2.) Sections 890 (2), (3) and (5) to (9), 891 and 894 apply with respect to the public hearingand enactment of the heritage designation bylaw.

(3.) At least 10 days before the public hearing, a notice in the prescribed form must be givenin accordance with section 974 to(a) all persons who, according to the records of the land title office, have a

registered interest in real property that would be designated, and(b) all occupiers of real property that would be designated.

(4.) A notice in the prescribed form must also be published in at least 2 consecutive issues ofa newspaper, with the last publication to be at least 3 days but not more than 10 daysbefore the public hearing.

(5.) The local government must have a report prepared regarding the property to bedesignated that includes information respecting the following matters:(a) the heritage value or heritage character of the property;(b) the compatibility of conservation with the official community plan and any other

community planning objectives in the area in which the property is located;(c) the compatibility of conservation with lawful uses of the property and adjoining

lands;(d) the condition and economic viability of the property;(e) the possible need for financial or other support to enable appropriate

conservation.(6.) At least 10 days before the public hearing, the report under subsection (5) must be

available for public inspection at the local government office during its regular officehours.

(7.) No heritage designation bylaw is invalid for inadvertent and minor non-compliance withthis section or Division 6 of this Part, or for an error or omission in the report requiredunder subsection (5).

(8.) Within 30 days after a local government adopts or defeats a heritage designation bylawor determines not to proceed with the bylaw, the local government must give notice ofthis in the prescribed form to the owners entitled to notice under subsection (3) (a).

(9.) Within 30 days after adopting a heritage designation bylaw, the local government mustgive notice of this



(a) to the land title office in accordance with section 976, and(b) to the minister responsible for the Heritage Conservation Act in accordance with

section 977.RS1979-290-1023; 1994-43-75; 1999-38-56.

Compensation for heritage designation969. (1.) If a designation by a heritage designation bylaw causes, or will cause at the time of

designation, a reduction in the market value of the designated property, the localgovernment must compensate an owner of the designated property who makes anapplication under subsection (2), in an amount or in a form the local government and theowner agree on or, failing an agreement, in an amount or in a form determined bybinding arbitration under subsection (4).

(2.) The owner of a designated property may apply to the local government for compensationfor the reduction in the market value of the designated property.

(3.) An application under subsection (2)(a) must be made, in order for the owner to be entitled to compensation under this

section, no later than one year after the heritage designation bylaw is adopted,and

(b) may be made before the heritage designation bylaw is adopted.(4.) If the local government and an owner are unable to agree

(a) that the owner is entitled to compensation, or(b) on the amount or form of compensation,then either the local government or the owner may require the matter to be determinedby binding arbitration under the Commercial Arbitration Act.

(5.) An arbitration under this section must be by a single arbitrator unless the localgovernment and the owner agree to the appointment of an arbitration panel.

(6.) The arbitrator or arbitration panel, in determining whether the owner is entitled tocompensation and the amount or form of compensation, must consider(a) financial and other support available for conservation of the designated property,

and(b) any other benefits that are available because of the designation of the property.

(7.) Compensation must not be paid, and an arbitration must not continue, if the localgovernment defeats, or decides not to proceed with, the designation bylaw.

(8.) Nothing in this section authorizes the local government to give any financial or otherbenefit to an owner except that which is commensurate with the reduction in the marketvalue of the designated property caused by that designation.

(9.) This section does not apply with respect to property that, immediately before theadoption of the heritage designation bylaw, is already designated under a heritagedesignation bylaw or under section 9 of the Heritage Conservation Act.

RS1979-290-1024; 1994-43-75.

Heritage site maintenance standards970. (1.) A local government may, by bylaw, establish minimum standards for the maintenance of

real property that is(a) designated as protected by a heritage designation bylaw, or(b) within a heritage conservation area.

(2.) Different standards may be established under subsection (1) for different areas or for



different types or classes of property.RS1979-290-1025; 1994-43-75.

Designation of heritage conservation areas

970.1 (1.) For the purposes of heritage conservation, an official community plan may designate anarea as a heritage conservation area to which section 971 (1) applies.

(2.) If a heritage conservation area is designated under subsection (1),(a) the official community plan must

(i) describe the special features or characteristics that justify thedesignation, and

(ii) state the objectives of the designation, and(b) either the official community plan or a zoning bylaw must specify guidelines

respecting the manner by which the objectives are to be achieved.(3.) If a heritage conservation area is designated under subsection (1), the official community

plan may do one or more of the following:(a) specify conditions under which section 971 (1) does not apply to property within

the area, which may be different for different properties or classes of properties;(b) include a schedule listing buildings, structures, land or features within the area

that are to be protected heritage property under this Act;(c) for the purposes of section 971 (3), identify features or characteristics that

contribute to the heritage value or heritage character of the area.(4.) At least 10 days before the public hearing on an official community plan that includes a

schedule under subsection (3) (b), the local government must give notice in accordancewith section 974 to the owner of each property that is to be included in the schedule,unless the property was already included in the schedule.

(5.) Within 30 days after the adoption of a bylaw that includes a property in or deletes aproperty from a schedule under subsection (3) (b) to an official community plan, the localgovernment must(a) file a notice in the land title office in accordance with section 976, and(b) give notice to the minister responsible for the Heritage Conservation Act in

accordance with section 977.2000-7-182.

Heritage conservation areas971. (1.) If an official community plan designates a heritage conservation area, a person must not

do any of the following unless a heritage alteration permit authorizing the action hasbeen issued:(a) subdivide land within the area;(b) start the construction of a building or structure or an addition to an existing

building or structure within the area;(c) alter a building or structure or land within the area;(d) alter a feature that is protected heritage property.

(2.) Subsection (1) does not apply if conditions established under section 970.1 (3) (a) apply.(3.) If a heritage alteration permit is required by subsection (1), a delegate may only act in

relation to such a permit if(a) the property is protected heritage property, or



(b) the permit relates to a feature or characteristic identified under section 970.1 (3)(c).

RS1979-290-1026; 1994-43-75; 1998-34-212; 2000-7-183.

Part 27: Division 5 – Heritage Alteration Permits

Heritage alteration permits972. (1.) A local government or its delegate may issue a heritage alteration permit authorizing

alterations or other actions if the authorization is required by(a) this Act or by a bylaw or order under this Act,(b) a heritage revitalization agreement, or(c) a covenant under section 219 of the Land Title Act.

(2.) The heritage alteration permit may, in relation to protected heritage property or propertywithin a heritage conservation area, vary or supplement provisions of one or more of thefollowing:(a) Repealed. [2000-7-184(a)](b) a bylaw under Division 7, 10 or 11 of Part 26;(c) a permit under Division 9 of Part 26;(d) a bylaw or heritage alteration permit under this Part.

(3.) A permit issued under this section prevails over a bylaw or permit referred to insubsection (2) to the extent of any conflict.

(4.) The following restrictions apply to subsection (2):(a) the use or density of use may not be varied;(b) a flood plain specification under section 910 (2) may not be varied;(c) in relation to property within a heritage conservation area, the permit must be in

accordance with the guidelines established under section 970.1 (2) (b) for theheritage conservation area.

(5.) A local government or its delegate may refuse to issue a heritage alteration permit for anaction that, in the opinion of the local government or delegate, would not be consistentwith the purpose of the heritage protection of the property.

(6.) If the refusal to issue a heritage alteration permit prevents the use of land that is allowedunder the applicable zoning bylaw or the development of land to the density that isallowed under the applicable zoning bylaw in respect of that permitted use, the localgovernment or delegate must inform the applicant of the requirements or conditionsunder which a use or density proposed by the applicant in accordance with section 948(3) would be allowed.

RS1979-290-1027; 1994-43-75; 2000-7-184.

Requirements and conditions in a heritage alteration permit

973. (1.) A heritage alteration permit may be made subject to the terms, requirements andconditions that the local government or its delegate considers consistent with thepurpose of the heritage protection of the property.

(2.) Without limiting subsection (1), a heritage alteration permit may include one or more ofthe following:(a) conditions respecting the sequence and timing of construction;



(b) conditions respecting the character of the alteration or action to be authorized,including landscaping and the siting, form, exterior design and finish of buildingsand structures;

(c) if the permit is required by this Part or a bylaw or order under this Part, arequirement that the applicant provide a specified amount of security, in a formsatisfactory to the local government, to guarantee the performance of the terms,requirements and conditions of the permit.

(3.) Interest earned on security under subsection (2) (c) becomes part of the amount of thesecurity.

(4.) If a local government considers that the holder of a heritage alteration permit hascontravened or failed to comply with a term, requirement or condition of the permit, thelocal government may undertake and complete the works required to satisfy the term,requirement or condition, or to ameliorate the effects of the contravention ornoncompliance, at the cost of the holder of the permit.

(5.) The local government may recover the cost of the work undertaken under subsection (4)and the cost of incidental expenses incurred by the local government by applying thesecurity provided under subsection (2) (c) in payment for the cost of the works andincidental expenses, with any excess to be returned to the holder of the permit.

(6.) If there is no security deposit or the amount of security is insufficient, the localgovernment may add the cost of works undertaken and incidental expenses, or theremaining costs, to the taxes payable to the local government with respect to theproperty for the year in which the work is performed.

(7.) When a permit lapses or the actions it authorizes are completed, the local governmentmust, subject to subsection (5), return any security provided under subsection (2) (c) tothe person who provided it.

(8.) If a local government delegates the power to require security under subsection (2) (c),the delegation bylaw must include guidelines for the delegate as to how the amount ofsecurity is to be determined.

RS1979-290-1028; 1994-43-75; 1998-34-213.

Part 27: Division 6 – Notices under this Part

Giving notice to owners and occupiers

974. (1.) Any notice required to be given to an owner or occupier under section 970.1 (4) [designation of heritage conservation area] or this Part must be given to the owner oroccupier in accordance with this section.

(2.) A notice to an owner is sufficiently given to the owner if(a) it is served personally on the owner,(b) it is sent by registered mail, or by a method of delivery that provides proof of

delivery, to the person’s actual or last known address,(c) in the circumstances described in subsection (4), it is published in accordance

with that subsection, or(d) it is given as authorized by regulation under section 978.

(3.) A notice to an occupier is sufficiently given to the occupier if(a) the notice is given individually to each occupier in accordance with subsection



(2), or(b) the notice is posted on or near the property in accordance with section 975.

(4.) If a notice cannot be served personally on an owner or occupier and the person’s actualor last known address cannot be determined after reasonable steps for the purpose havebeen taken, the notice may be given by publication in 2 issues, at least one week apart,of a newspaper having general circulation(a) in the area where the owner or occupier to be given notice was last known to

reside or carry on business according to the information available to the persongiving the notice, or

(b) in the area where the land to which the notice relates is situated.(5.) A notice given in accordance with subsection (2) (b) is deemed to be received on the

earlier of(a) the date the person to whom it is sent actually receives the notice, and(b) the end of 10 days after the date on which the notice was sent.

RS1979-290-1029; 1994-43-75; 2000-7-185.

Posting notice on protected heritage property

975. (1.) A local government may authorize a person to post one or more notices on or near(a) protected heritage property, or(b) real property subject to temporary heritage protection under section 956, 959,

962, 963 or 964.(2.) Before or when entering land to post a notice, the local government must make a

reasonable effort to inform the owner or occupier of the land.(3.) Except as authorized by the local government, a person must not alter or remove a

notice posted under the authority of this section.RS1979-290-1030; 1994-43-75.

Notice on land titles976. (1.) A local government must file a written notice in the land title office with respect to the

following real property:(a) property that is subject to a provision under section 810.1 (1) [repayment

requirement in relation to regional district heritage exemptions];(a.1) property that is subject to a provision under section 225 (6) (c) [repayment

requirements in relation to tax exemptions] of the Community Charter in relationto heritage property;

(b) property that is subject to a heritage revitalization agreement;(c) property designated by a heritage designation bylaw.

(2.) On receipt of a notice under subsection (1), the registrar must make a note of the filingon the title of the affected land.

(3.) If a provision, agreement or bylaw referred to in subsection (1) no longer applies toproperty for which a notice was filed under this section, the local government must notifythe land title office.

(4.) On receipt of a notice under subsection (3), the registrar must cancel the note madeunder subsection (2).

(5.) Notification to the land title office under subsection (1) or (3) must be made in a formsatisfactory to the registrar.



(6.) The protection of property under this Act is not affected by(a) an inadvertent and minor error or omission in a notice given by a local

government to the registrar in relation to a note on a land title,(b) an error or omission in a note on a land title, or(c) a failure by the registrar to make a note on a land title.

(7.) In the event of any omission, mistake or misfeasance by the registrar or the staff of theregistrar in relation to the making or cancelling of a note under this section,(a) the registrar is not liable nor is the Provincial government vicariously liable, and(b) the assurance fund or the Attorney General as a nominal defendant is not liable

under Part 20 of the Land Title Act.(8.) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this

section, and section 386 of the Land Title Act applies in respect of those fees.RS1979-290-1031; 1994-43-75; 2000-7-186; 2003-52-405.

Notice to minister responsible for the Heritage Conservation Act

977. (1.) A local government must notify the minister responsible for the Heritage ConservationAct with respect to the following real property:(a) heritage property for which a tax exemption is provided under section 810

[regional district exemptions for heritage properties];(a.1) heritage property for which a tax exemption is provided under section 225

[municipal exemptions for heritage properties] of the Community Charter byreason of it being heritage property;

(b) heritage property included under section 970.1 (3) (b) in a schedule to an officialcommunity plan;

(c) heritage property identified in a community heritage register under section 954;(d) heritage property that is subject to a heritage revitalization agreement;(e) property designated by a heritage designation bylaw.

(2.) If the provisions that require that notice must be given under subsection (1) no longerapply to any real property, the local government must notify the minister responsible forthe Heritage Conservation Act.

(3.) Notices to the minister under subsections (1) and (2) of this section or section 959 (2)must be made in a form satisfactory to that minister.

(4.) The protection of property under this Act is not affected by an error or omission in anotice given under this section.

RS1979-290-1032; 1994-43-75; 2000-7-187, 188; 2003-52-406.

Regulations regarding notices978. (1.) The Lieutenant Governor in Council may make regulations respecting the form, content

and means of giving notice(a) under this Part,(b) under section 810 (5) [regional district exemptions for heritage properties] of this

Act, or(c) under section 225 [partnering, heritage, riparian and other special exemption

authority] of the Community Charter in relation to heritage property.(2.) Regulations under subsection (1) may be different for different types of notices and for

different types of properties.



RS1979-290-1033; 1994-43-75; 2000-7-189, 190; 2003-52-407.

Part 27: Division 7 – Remedies and Offences

Civil remedies in relation to heritage property

979. (1.) A local government may apply to the Supreme Court for an order for compliance orrestoration if a person does one or more of the following:(a) without the authority of a heritage alteration permit, does anything for which a

heritage alteration permit is required by or under this Act;(b) fails to comply with the requirements and conditions of a heritage alteration

permit;(c) fails to comply with a direction of the Ombudsman under section 952 (4);(d) fails to bring property up to the standards established under section 970.

(2.) An order under subsection (1) may include one or more of the following:(a) a requirement that, on terms and conditions the court specifies, the person

restore the property to which the matter relates to its condition before thecontravention;

(b) a requirement that the person undertake compensatory conservation work as thecourt considers appropriate on the property that was affected or on otherproperty, or that conservation work be performed by others at the expense ofthat person;

(c) a requirement that the person comply with a direction under section 952 (4) orwith the requirements and conditions of a heritage alteration permit;

(d) a requirement that the person carry out measures specified by the court toameliorate the effects of the contravention or non-compliance;

(e) an authorization that the local government may, by its employees or others atthe expense of the owner, perform work regarding a matter referred to in thissubsection;

(f) any other requirement the court considers advisable.(3.) If an order is made under subsection (2) (e), the court may specify how and when the

person will reimburse the local government for the cost of the work performed and thecost of incidental expenses accruing under the order.

(4.) Without limiting subsection (3), the court may authorize the local government to add thecost of the work undertaken and the cost of incidental expenses under the order to thetaxes payable to the local government with respect to the property for the year in whichthe work is performed.

(5.) An order may be made under this section whether or not a person is charged with anoffence under section 981 in relation to the matter.

RS1979-290-1034; 1994-43-75.

Notice of contravention may be filed in land title office

980. (1.) An officer or employee of a local government may recommend to the local governmentthat a notice be filed in the land title office if the officer or employee discovers in thecourse of duties that any of the following has occurred:



(a) something for which a heritage alteration permit is required by or under this Acthas been done without the authority of a heritage alteration permit;

(b) a person has failed to comply with the requirements and conditions of a heritagealteration permit;

(c) the terms and conditions of a heritage revitalization agreement have beencontravened;

(d) a covenant registered by the local government under section 219 of the LandTitle Act in relation to heritage property has been contravened.

(2.) Sections 57 [note against land title that building regulations contravened] and 58 [cancellation of note against land title] of the Community Charter apply for the purposesof this section as though the person making the recommendation under subsection (1) ofthis section were a building inspector making a recommendation under section 57 (1) ofthe Community Charter.

(3.) The authority under subsection (1) is in addition to any other action the person or localgovernment is authorized to take in relation to the matter.

RS1979-290-1035; 1994-43-75; 2003-52-408.

Offences and penalties981. (1.) A person who does any of the following commits an offence:

(a) without the authority of a heritage alteration permit, does anything for which aheritage alteration permit is required by or under this Act;

(b) fails to comply with the requirements and conditions of a heritage alterationpermit;

(c) alters property in contravention of a heritage revitalization agreement.(2.) A person convicted of an offence under subsection (1) is liable,

(a) if the person is an individual, to a fine of not more than $50 000 or toimprisonment for a term of not more than 2 years, or to both, or

(b) if the person is a corporation, to a fine of not more than $1 000 000.(3.) If a corporation commits an offence under subsection (1), an employee, officer, director

or agent of the corporation who authorized, permitted or acquiesced in the offence alsocommits the offence and is liable to the penalty set out in subsection (2) (a) whether ornot the corporation is convicted of the offence.

RS1979-290-1036; 1994-43-75.



PART 28 – REPLOTTING SCHEMES


Definitions982. For the purposes of this Part:

"common mass" means the common mass of property referred to in section 986 (1);

"district" means a part of a municipality defined by the council under section 984;

"former parcel" means a parcel existing before the completion of a replotting scheme, andincludes any portion of land formerly a portion of a highway, park or public square, or of landindicated as such on a plan of subdivision deposited in the land title office;

"new parcel" means a parcel created or intended to be created by a replotting scheme, andincludes a portion of land created or intended to be created as a portion of a highway, park orpublic square, or of land indicated as such on a plan of subdivision deposited in the land titleoffice under this Part;

"owner" means a purchaser of real property under an unregistered agreement for sale andpurchase, a registered owner of an estate in fee simple, a registered owner of a charge or a taxsale purchaser during the redemption period, and includes the Provincial government, aProvincial government corporation and the municipality.

RS1979-290-886.

Application of Part983. (1.) This Part applies to Crown land in a district held by purchasers from the Provincial

government and in that case both the Provincial government and the purchasers aredeemed to be owners for the purposes of this Part.

(2.) Repealed. [1997-25-152]RS1979-290-884,917; 1997-25-152.

Part 28: Division 2 – Preparation and Initiation of Scheme


Preliminary definition of district984. A council may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members,

(a) define a part of the municipality as a district for the purpose of replotting, and(b) authorize the preparation of a scheme, including incidental preliminary surveys,

for the replotting of the district.



RS1979-290-887.

Information included in scheme985. (1.) A replotting scheme must indicate the following:

(a) the proposed relocation and exchange of parcels of real property in which theProvincial government or the municipality has no estate or interest;

(b) whether compensation is to be proposed to the respective owners and itsamount;

(c) the value of any surplus real property;(d) the new location of a building, structure, erection or utility that is to be moved.

(2.) A replotting scheme may set out an apportionment of the net cost of the schemebetween the municipality and the owners, consideration being given to(a) the saving that the scheme may effect in the expenditure of the municipality for

highways and municipal utilities, and(b) the increased taxation that may be derived by the municipality from the

increased value of the real property in the district.(3.) An apportionment under subsection (2) may or may not be as provided by section 1011.

RS1979-290-888.

General principles of replotting986. (1.) For the purpose of a replotting scheme, all the parcels and highways and all other real

property in the district at the initiation of the scheme form one common mass of realproperty.

(2.) From the common mass is to be taken the real property necessary for highways, parksor public squares, which stands in the place of and compensates the Provincialgovernment, the municipality and the public for the surrender of all former highways,parks or public squares.

(3.) The remainder of the common mass must be divided into parcels for allotment to theowners in a fair and equitable manner, so that as far as possible the value of newparcels allotted to them are equal to the value of their former parcels.

(4.) An allotment, decision, award, consent or other proceeding under this Part is binding onand inures to the benefit of the person who owns the real property affected.

RS1979-290-889, 896.

Reallotment of parcels987. (1.) In a replotting,

(a) effort must be made to allot to owners new parcels in approximately the samelocation as their former parcels, and

(b) parcels with buildings, structures, erections or utilities erected on them, subjectto the necessary adjustment of boundaries, must be returned to their formerowners wherever practicable.

(2.) The allotment of new parcels in exchange for former parcels must be carried out as faras practicable with the consent of the respective owners.

(3.) Failing consent of an owner, there may be allotted to the owner a new parcel or parcelsof value equal as nearly as possible to the value of the owner’s former parcel or parcels,or compensation in money may be made to the owner instead of an allotment of realproperty.



(4.) Unavoidable differences of value between former parcels and new parcels may beequalized by(a) granting money compensation, or(b) with the owner’s consent or agreement, allotting to the owner of a new parcel of

greater value than the owner’s former parcel for a cash payment or on terms.(5.) If a new parcel is allotted under subsection (4) (b) on terms, the municipality may take a

mortgage, with agreed interest, from the owner for payment of the difference in value.(6.) Any real property not allotted as provided above may be allotted to any owner at an

agreed price, the amount of which must be paid to the municipality.(7.) The whole of the real property remaining unallotted must be allotted to the municipality

and is surplus real property.RS1979-290-890.

Municipality may acquire charges988. Subject to making compensation for a charge against a former parcel, the municipality

may(a) acquire such a charge and hold it as a charge against a new parcel allotted to

the owner of the former parcel, and(b) take all necessary proceedings for the collection of the amount due under and by

virtue of the charge or for the sale, transfer or realization of the security createdby it.

RS1979-290-891.

Notice requirements for initiation of a scheme989. (1.) Before initiating a replotting scheme, the council must have notice of the scheme

published in a newspaper.(2.) Also before initiating a replotting scheme, the council must have the following sent to

each owner of a parcel in the district, in the manner provided for the giving of noticeunder section 414:(a) a plan showing the real property in the district as presently subdivided and a

plan showing that property as if replotted under the proposed scheme, with bothplans having marked on them(i) the dimensions of the boundaries of each parcel shown, and(ii) the scale of the plan, which must be the same for both plans and which

must not be smaller than 1 to 1 000;(b) a statement of

(i) the estimated total cost of the scheme,(ii) the cost to be borne by the municipality,(iii) the total cost to be borne by all the owners, and(iv) the portion of the cost for each new parcel;

(c) a statement showing(i) the number of instalments by which the owner’s share of the cost may

be paid,(ii) at what interval after completion of the scheme the first instalment will be

due, and(iii) at what intervals any remaining instalments will be due;

(d) the proposed allotment of new parcels for former parcels;



(e) a form of consent to the replotting proposed by the scheme as it affects theowner’s property, including(i) the details of

(A) any compensation proposed to be paid by the municipality forthe real property as a result of the scheme, or

(B) any sums requested to be paid to the municipality for the realproperty as a result of the scheme, and

(ii) a space in which, if the owner signs the consent and returns it to themunicipality, the owner must set out(A) the market or true value of the real property, and(B) the amount or proportion the owner considers to be the value of

the owner’s interest.RS1979-290-892; 1992-18-81; 1994-52-100; 1998-34-214.


General consent of owners to scheme990. (1.) The council may, by resolution, authorize the initiation of the replotting scheme without

further consent by other owners in the district if the owners of parcels of real property,the assessed land value of which is at least 70% of the total assessed value of all theland in the district according to the last revised real property assessment roll, consent tothe replotting set out in the scheme.

(2.) A consent referred to in subsection (1) must be in writing in the form referred to insection 989 (2) (e).

(3.) The calculation of the 70% of the assessed value referred to in subsection (1) must bedetermined as follows:(a) land only, without improvements, is to be considered for the purpose of this

section;(b) the value of an owner’s interest in a parcel is the assessed value of the parcel if

(i) the parcel is owned in fee simple, free of charges,(ii) the parcel is owned by a purchaser from the Provincial government or

from a Provincial government corporation and the purchaser hascompleted the payments but the Crown grant, order in council orconveyance has not been delivered to or registered by the purchaser, or

(iii) the parcel has been purchased at a tax sale and the period forredemption has not expired;

(c) in the cases of parcels of real property held subject to one or more charges,(i) the value of the charges and of the estate in fee simple must be

determined by multiplying the assessed value of the land by the true ormarket value of the particular interest in the parcel and dividing theresulting product by the true or market value of the parcel, and

(ii) if the true or market values of an interest in real property cannot bedetermined from the information supplied by owners of a parcel undersection 989 (2) (e), the designated municipal officer must assess anddetermine the values for the purposes of subparagraph (i) from whateverrecords or information are available to that municipal officer;



(d) if a parcel of real property is held by a tenant for life,(i) the true or market value of the life estate is its present worth as

determined by using the official Statistics Canada Tabulations of BritishColumbia life expectancy in effect when the valuation is made, and

(ii) the true or market value of the estate in remainder in fee simple is theresulting balance, after subtracting the true or market value of the lifeestate from the true or market value of the parcel;

(e) in the cases of multiple ownership of estates in fee simple and charges,(i) each tenant in common must be considered to consent to the proportion

of the whole estate in fee simple or charge held by the tenant’sproportion in the tenancy, and

(ii) each joint tenant must be considered to consent to an equal share witheach of the tenant’s co-joint tenants in the whole estate in fee simple orcharge.RS1979-290-893; 1981-4-10; 1998-34-215; 2003-66-52.

Consents binding on owners once given991. (1.) At any time before the commissioner gives his or her decisions under section 1007 (3),

the designated municipal officer must receive from any owner the consent in writingreferred to in section 989 (2) (e).

(2.) An owner who mails or delivers a consent to the municipality is bound by it, and noclaims against the municipality may be allowed on matters specifically agreed to in theconsent.

1998-34-216.

Alterations to scheme may require new consents

992. (1.) Alterations may be made in the replotting scheme before its completion.(2.) If alterations affect the owners who have consented, the consent of all the affected

owners is again required.RS1979-290-895.

Initiation of scheme by registration of resolution993. (1.) A copy of the resolution referred to in section 990 (1) [initiation of replotting], adopted by

the council and certified by the municipal corporate officer, together with the plansreferred to in section 989 (2) (a), must be filed in the land title office.

(2.) When the resolution is filed under subsection (1), the registrar of land titles must cause anote of it to be made in every place in the records under the care of the registrar wheretitle in fee simple to a parcel located in the district is registered.

(3.) The note under subsection (2) must be by the filing number and series, and the seriesmay be the same as the series that includes caveats.

(4.) The replotting scheme is initiated when the note under subsection (2) is made.RS1979-290-896(1); 1998-34-217; 2003-52-409.

Effect of initiation994. (1.) A note under section 993 is notice to all persons having any right, title, interest, charge,

claim or demand in, to or on the affected parcels, and to all persons subsequently



dealing with them, that a scheme for their replotting has been initiated, and thosepersons are bound by all proceedings under this Part taken before and after that notice.

(2.) A person who has a right, title, interest, charge, claim or demand in, to, or on realproperty in the district that is not duly registered before the initiation of the scheme is notentitled to notice of proceedings under this Part, unless the person is a purchaser(a) from the Provincial government,(b) from the municipality, or(c) at a tax sale.

(3.) A person subsequently dealing with an affected parcel is not entitled to notice unless theperson has(a) given the designated municipal officer written notice of the person’s purchase or

claim and evidence of its registration, and(b) provided that municipal officer with an address to which notices may be mailed.

RS1979-290-896(2) and (3); 1998-34-218.

Resolution to complete or discontinue scheme

995. (1.) Within 4 months after the initiation of a replotting scheme, the council must, byresolution, either(a) discontinue the replotting scheme, or(b) authorize the completion of the replotting scheme and put it into effect.

(2.) If a council resolves to discontinue a replotting scheme under subsection (1) (a),(a) the municipal corporate officer must file in the land title office a copy of the

resolution to discontinue, certified under that officer’s signature, and(b) the registrar of land titles must then cancel the note under section 993 (1).

(3.) If the council resolves to authorize the completion of the scheme under subsection (1)(b), the municipality must make application in accordance with section 996 to have title tothe common mass registered in fee simple in trust for the owners of the new parcels.

RS1979-290-897(1), (2), (3); 1982-60-115; 1985-68-93; 1993-59-27; 1998-34-219; 2003-52-410.

Part 28: Division 3 – Implementation and Completion of Scheme

Registration of common mass996. (1.) An application to have title to the common mass registered in fee simple in trust for the

owners of the new parcels must be in the form prescribed under the Land Title Act andmust be accompanied by the following:(a) a reference plan defining the common mass, signed by the municipal corporate

officer, and complying with the requirements of the Land Title Act for referenceplans, other than the requirements of section 103 of that Act;

(b) a certificate signed by the municipal corporate officer, setting out(i) in the 1st column, compiled in numerical or alphabetical order, the

description of each new parcel,(ii) in the 2nd column, opposite the description of the relevant new parcel,

the description of the former parcel or parcels in respect of which theallotment of the new parcel has been made,

(iii) in the 3rd column, opposite the description of the relevant new parcel,



the name and address of the owner in fee simple to whom each newparcel has been allotted,

(iv) in the 4th column, opposite the description of the relevant new parcel,the names of owners of all charges and their addresses and the natureand serial registration numbers of the charges registered against theformer parcel or parcels in respect of which the allotment of the newparcel has been made, and

(v) in the 5th column, opposite the description of the relevant new parcel,(A) the names and addresses of any claimant of a mechanics’ lien,

or certificate of pending litigation, caveator, or person givingnotice of a claim under the Sale of Goods on Condition Act, or aspouse claiming the benefits of the Land (Spouse Protection)Act, and

(B) the description of any former parcel or parcels in respect ofwhich no allotment of a new parcel or parcels has been made;

(c) a subdivision plan defining the new parcels, complying with the requirements ofthe Land Title Act and bearing the title “prepared under the replotting provisionsof the Local Government Act”;

(d) an application in the form prescribed under the Land Title Act to deposit thesubdivision plan.

(2.) The registrar of land titles must examine the application forms, reference plan,subdivision plan and certificate and, if satisfied that they are in order and in compliancewith this Part and the Land Title Act, must deposit the reference plan and assign to it aserial deposit number.

RS1979-290-897(3) and (4); 1982-60-115; 1985-68-93; 1993-59-27; 1998-34-220; 2000-7-191, Sch; 2003-52-411.

Effect of deposit of reference plan997. (1.) The deposit of a reference plan under section 996

(a) vests in the municipality the title of the common mass, in trust as stated, in feesimple, free from all charges registered against former parcels, and

(b) extinguishes all highways, parks or public squares within the common mass.(2.) Subsection (1) binds the Provincial government.(3.) On finding a good safe holding and marketable title in fee simple to the common mass,

the registrar of land titles must register the title claimed by the municipality, and the LandTitle Act then applies.

(4.) The municipality need not produce any former absolute, interim or duplicate indefeasibletitle to any former parcel, but on the issue of the indefeasible title to the municipality intrust all of those certificates are deemed to be cancelled.

(5.) After the registration under subsection (3), the registrar of land titles must deposit thesubdivision plan, assign to it a serial deposit number, and issue any new indefeasibletitles for the new parcels that are necessary.

(6.) The indefeasible titles under subsection (5) must be noted or endorsed, as the case mayrequire, with all claims, demands or notices as set out in the 5th column of the certificatereferred to in section 996 (1) (b).

(7.) The replotting scheme is completed when the requirements of subsection (6) are met,and after this the Land Title Act applies.

(8.) In addition to the application of the Land Title Act, the deposit of the subdivision plan



vests title to the respective new parcels in the persons named in the 3rd and 4th columnsof the certificate referred to in section 996 (1) (b) according to the estate, title or interestdisclosed by the certificate, but subject to all claims, demands or notices set out in thefifth column of the certificate.

RS1979-290-897(5) to (7); 1982-60-115; 1985-68-93; 1993-59-27.

Registration for owners of new parcels998. (1.) As soon as possible after the completion of the replotting scheme, the municipality must

apply under the Land Title Act for registration on behalf of the persons who own the newparcels.

(2.) The registrar of land titles, in his or her discretion, may summarily reject or may refuse toregister any application on behalf of an owner unless there is produced to the registrarany duplicate indefeasible title, or interim or absolute certificate of title to a former parcelthat had not been produced before registration of the common mass under section 996.

RS1979-290-897(8); 1982-60-115; 1985-68-93; 1993-59-27.

Rights of ownership and charges transferred

999. On completion of the replotting scheme,(a) except as otherwise dealt with under this Part, all rights, obligations and

incidents of ownership of the owner of a former parcel or of an interest in it, andall public and private legal relationships with a former parcel, are deemed to betransferred to and exist in the new parcel allotted to the owner of the formerparcel to the same extent and in the same manner as with the former parcel,

(b) all conveyances, agreements, mortgages and other instruments, including grantsof letters probate or letters of administration, in respect of parcels of realproperty described in them by a description appropriate to a former parcel and inrespect of which registration of title had not been applied for before thecompletion of the replotting scheme must be construed as if the estate orinterest passing or created or vested by them was in the new parcel, and

(c) the new parcels and their respective owners are subject to and liable for allmunicipal charges, rates, taxes and assessments levied against their formerrespective parcels, and are subject to all proceedings taken and to be taken forthe collection of municipal charges, rates, taxes and assessments in any mannerprovided for by law.

RS1979-290-898.

Part 28: Division 4 – Complaints Regarding Compensation


Allotments binding, although owners may complain regarding compensation

1000. On completion of the replotting scheme, the allotments of real property under it areabsolutely binding to all intents and purposes on all the owners in the district, subject to



the right of those owners who do not consent to the scheme to complain as to theadequacy of compensation proposed or the failure to propose compensation.

RS1979-290-899.

Compensation for loss and damage1001. (1.) An owner who does not consent and who gives notice of complaint as provided in

section 1004 has the right to compensation in money for the following:(a) any loss of value of the former parcel, in so far as adequate compensation is not

afforded by the new parcel allotted;(b) any loss of, damage to or the cost of moving buildings or improvements on the

former parcel;(c) any loss of income from the use of buildings or the special condition or use of

the former parcel caused by the replotting scheme.(2.) In determining the amount of compensation,

(a) a former parcel must be valued at its market value at the time of the initiation ofthe replotting scheme, but an increase in its value caused by the anticipation orinitiation of the scheme must not be taken into consideration, and

(b) a new parcel must be valued at its market value on completion of the replottingscheme.

(3.) A person is not entitled to compensation for any of the following:(a) costs, expenses, loss, damage or inconvenience incurred or sustained in

investigating the replotting proceeding or in presenting a complaint or making anappeal, or caused by the initiation of or delay in or discontinuance of thereplotting scheme;

(b) an actual or anticipated loss or inconvenience of access to new parcels or of useof a municipal or public utility or service due to the new highways not being openfor traffic;

(c) an actual or anticipated loss, damage or inconvenience suffered in common withall or with the major part of other owners;

(d) a building or structure constructed, erected, placed or altered, or animprovement made to land after the initiation of the replotting scheme or anactual or anticipated loss, damage or expense incidental to it, or incidental to theremoval of that building or structure;

(e) a reduction in or loss of value due to reduction in area within the limits of a rightto take land for highway purposes contained in the Crown grant of or statuteapplying to the land.

RS1979-290-901, 902.

Appointment of commissioner1002. (1.) Within one month after completion of the replotting scheme, the council must apply to the

Supreme Court for the appointment of a commissioner to hold a public hearing of and todecide any complaints under sections 1000 and 1001 and the court must appoint acommissioner.

(2.) An application under subsection (1) may be made without notice to any other person.(3.) If the council does not apply under subsection (1), any owner who did not consent may

apply on notice to the council.(4.) A person who is



(a) a member of the council,(b) an owner within the district, or(c) the spouse of an owner within the districtmust not be appointed or act as a commissioner.

(5.) Before entering on the duties of office, the commissioner must subscribe and take thefollowing oath before the municipal corporate officer:

I, ............................................., do solemnly swear that(a) I will truly and faithfully, and without fear, favour or partiality, execute the powers

and trusts of a commissioner under Part 28 of the Local Government Act,according to the best of my knowledge and judgment, and

(b) I am not disqualified from acting as a commissioner under that Act.(6.) The municipality must pay the commissioner remuneration at a rate agreed between the

commissioner and the council, and in the event of failure to agree, a reasonableremuneration set by the Supreme Court on summary application by the municipality orthe commissioner.

RS1979-290-903(1) to (4); 1998-34-221; 2000-7-191, Sch; 2003-52-412.

Replacement of commissioner1003. (1.) If a commissioner

(a) dies, resigns, refuses to act or is absent, or(b) is incapable of acting because of sickness, disability or misconduct,on the application of the municipality, the Supreme Court must appoint another personas commissioner.

(2.) An application under subsection (1) may be made without notice to any other person.(3.) In the circumstances referred to in subsection (1), proceedings or decisions had, taken

or arrived at by the commissioner before the vacancy are not in any way affected, butare valid and effectual, and must be and continue to be acted on,(a) even though the vacancy has occurred and the other commissioner has been

appointed, and(b) without any necessity for recommencing the proceedings or reconsidering any

matter or thing that has arisen or been considered or decided before thevacancy occurred.

RS1979-290-903(5) and (6).

Notice to owners who do not consent1004. (1.) On an appointment being made, the designated municipal officer must give to each of

the owners who did not consent whose name appears on either of the lists referred to insection 1016 a notice in writing including the following:(a) a statement that a replotting scheme has been put into effect;(b) a description of the owner’s former parcel;(c) a statement

(i) of the allotment of new parcel made,(ii) of the compensation proposed to the owner, and(iii) that, if a parcel is improved, that the owner’s buildings may be affected;

(d) a statement that the scheme and the allotments under it are absolutely bindingon the owner to all intents and purposes, excepting only the owner’s right to



complain against(i) the adequacy of compensation proposed, or(ii) the failure to propose compensation;

(e) the time and place appointed by the commissioner for hearing complaints;(f) a statement that, if the owner intends to complain, the owner must give written

notice with the grounds of the complaint to the designated municipal officer 10days before the hearing.

(2.) Notice under subsection (1) may be given by any of the following:(a) by personal service on the person to whom it is directed;(b) by registered mail addressed to the person at that person’s address

(i) as shown on a list provided under section 1016,(ii) as shown on any record in the land title office relating to the person’s

ownership of or interest in the former parcel, or(iii) as last known to the assessor for the municipality;

(c) on application to the Supreme Court, by substituted service in accordance withthe order of the court.

(3.) The designated municipal officer may, in his or her discretion, send with any one or moreof the notices a copy of the plan of replotting or any portion of it on the same or adifferent scale.

(4.) The designated municipal officer must keep a record of all notices given under thissection by showing, opposite the names of the owners of the parcels in the district, thenames of the persons to whom notices were sent and the parcels concerned and thedate and method of giving each notice.

RS1979-290-905; 1992-18-82; 1998-34-222.

Time and place to hear complaints1005. The commissioner must appoint a time and place for the hearing of complaints as

follows:(a) the place must be at the municipal hall or another suitable place in the

municipality;(b) the time must be not less than 40 days and not more than 90 days after the

designated municipal officer has given the notices referred to in section 1004.RS1979-290-904; 1998-34-223.


Hearing by commissioner1006. (1.) The commissioner must sit at the time and place appointed, and must hear complaints of

which notice has been given.(2.) The proceedings before the commissioner must be public.(3.) The commissioner must inquire into and pass on the sufficiency of all notices required to

be given under section 1004 and, in the commissioner’s sole discretion, may directfurther notices and hear any complaint made.

(4.) If the commissioner thinks fit in the interest of justice, the commissioner may hear acomplaint made to the commissioner at any time before the conclusion of the hearing.

(5.) The municipality may complain to the commissioner on its own behalf or on behalf of any



other person.(6.) The following rules apply respecting evidence that may be accepted by the

commissioner:(a) the commissioner may receive any evidence that the commissioner thinks proper

to admit and may take a view and examine on oath any person interested andthe witnesses that appear before the commissioner;

(b) the commissioner may act on, accept or adopt the evidence the commissionerconsiders sufficient, whether on oath or not and whether written or oral;

(c) the commissioner has the right to insist on evidence being given or submittedorally under oath or by affidavit, but need not require any evidence to be sogiven;

(d) the strict rules of evidence do not apply.(7.) The commissioner may, at the request of any complaining owner or on the

commissioner’s own initiative, summon in writing any person to attend at the hearing,give evidence and produce any documentary evidence.

(8.) The commissioner may order reasonable fees and expenses to be paid to a witnesssummoned on the commissioner’s own initiative, which must be paid by the municipality.

(9.) A person who fails to respond to a summons under subsection (7) commits an offence,and is liable on conviction to a penalty not greater than $100 and costs.

(10.) The commissioner or, in the absence of the commissioner, the municipal corporateofficer may adjourn the hearing from time to time and from place to place, whether or notany person interested is present at the time of the adjournment.

RS1979-290-906; 1998-34-224; 2003-52-413.

Commissioner’s powers and report1007. (1.) The powers of the commissioner are confined to

(a) passing on the sufficiency of all notices required to be given under section 1004,and

(b) hearing and deciding complaints under sections 1000 and 1001.(2.) The commissioner must cause to be kept a record of each complaint made to the

commissioner and of the commissioner’s decision on it.(3.) On the conclusion of the hearing, the commissioner must announce a date on which the

commissioner’s decisions will be given.(4.) Promptly after giving his or her decisions, the commissioner must report to the council

the complaints made to the commissioner and the decision on each.(5.) The report under subsection (4) must be open for examination by any complainant or the

solicitor or agent of a complainant.RS1979-290-907.

Appeal to Supreme Court1008. (1.) A decision of a commissioner may be appealed to the Supreme Court.

(2.) An appeal under subsection (1) is to be an appeal by way of rehearing.(3.) The person appealing must, within 10 days after the decision complained of, serve on

the municipality a written notice of intention to appeal, setting out the grounds of appeal.(4.) The appeal must be made on petition and 5 days’ notice of the time for hearing the

appeal must be given to the municipality.(5.) The municipality may appeal from a decision of a commissioner, in which case it must



give to the owner affected the notice of intention under subsection (3) and the notice ofthe hearing must be given the owner, both of which notices may be given in any mannerprovided in section 1004.

(6.) The powers of the Supreme Court on appeal are confined to hearing and decidingappeals from the decision of the commissioner on complaints under section 1001.

(7.) In term or during vacation, the court must hear the appeal in a summary manner and onthe rules of evidence that govern a commissioner.

(8.) The court may adjourn the hearing from time to time and defer judgment at pleasure, butjudgment must be given within 6 weeks from the time limit set by subsection (3) forgiving notice of appeal.

(9.) If judgment is not given by the court within the time period under subsection (8), thecommissioner’s decision stands.

(10.) Persons making or opposing an appeal must pay their own costs and expenses and nocosts as between party and party may be awarded by the court.

(11.) A decision of the Supreme Court under this section may be appealed to the Court ofAppeal with leave of a justice of the Court of Appeal.

RS1979-290-908; 1982-7-87; 1998-34-225.

Payment of compensation1009. (1.) The municipality must pay

(a) the amounts of compensation proposed by the replotting scheme within 3months after its completion, or

(b) if a complaint has been made, the compensation awarded by the commissioner,or the Supreme Court on appeal, within 3 months from the date of the award.

(2.) Either of the periods referred to in subsection (1) may be extended by the SupremeCourt on application by the municipality without notice to any other person.

(3.) The compensation stands in the place of the land for which it was proposed or awarded,and is subject to any limitations and charges to which the land was subject.

(4.) The municipality may, without leave or order in any case it believes expedient, pay intothe Supreme Court the amount of any compensation proposed or awarded.

(5.) Payment into court under subsection (4) must be accompanied by a certificate of themunicipal corporate officer giving particulars of the person to whom and the land forwhich the compensation was proposed or awarded, and the district registrar must givethat corporate officer a receipt, attached to or endorsed on a copy of the corporateofficer's certificate.

(6.) Compensation paid into court under subsection (4) must be paid out of court to theperson entitled to it on the order of the court.

RS1979-290-909; 1998-34-226; 2003-52-414.


Removal of buildings1010. The municipality may, by its employees, workers or contractors, move any building,

structure, erection or utility required to be moved under the replotting scheme, or do anywork or thing on private property in satisfaction of awards of compensation.

RS1979-290-910.



Accounts and apportionment1011. (1.) The municipality must keep a proper account of all money paid by it in connection with a

replotting scheme, and on its completion and the payment of all compensation andincidental expenses must prepare a statement showing the net cost.

(2.) In the statement under subsection (1), the municipality must be debited with the value ofall surplus land allotted to it and any money receivable under section 987 or otherwise onaccount of the replotting scheme.

(3.) If applicable, the net cost shown by the statement under subsection (1) must beapportioned between the municipality and the other owners in the manner set out in thereplotting scheme.

(4.) If the replotting scheme does not mention an apportionment, the net cost shown by thestatement under subsection (1) must be apportioned as follows:(a) the municipality’s portion of the cost is that portion of the total net cost which

bears the ratio that(i) the sum of the areas of the highways and public grounds and unsold

land of the municipality at the completion of the replotting schemebears to

(ii) the whole area of the district;(b) the remainder is the owners’ portion of the cost.

(5.) The net cost of the replotting scheme may be raised as follows:(a) the municipal portion of the cost may be raised by a special rate levied and

collected on and from all the taxable land or land and improvements in themunicipality;

(b) the owner’s portion of the cost may be raised by a special rate levied andcollected on and from the taxable land in the district, according to the respectivevalues of that land as shown in the first revised real property assessment roll ofthe municipality containing the new parcels.

(6.) As an alternative to subsection (5), the net cost of the replotting scheme may be paid byborrowing the required amount on debentures issued under the same provisions as if thescheme had been carried out as a local area service under the Community Charter, with(a) the municipality’s portion of the cost being raised by a special rate levied and

collected annually on and from all the taxable land or land and improvements inthe municipality, and

(b) the owners’ portion of the cost being raised by a special rate levied and collectedannually on and from the taxable land in the district according to the respectivevalues of that land as shown in the revised real property assessment rolls for theyears during which the special rates are levied.

(7.) Debentures under subsection (6) must be repayable within 10 years of the date of issue.(8.) A special rate levied under subsection (5) or (6) must be due and payable to the

municipality at the same time as other annual municipal rates and taxes, and(a) Part 7 of the Community Charter, except Division 5 [Local Service Taxes],

applies to subsections (5) (a) and (6) (a), and(b) Division 5 [Local Service Taxes] of Part 7 of the Community Charter applies to

subsections (5) (b) and (6) (b).RS1979-290-911; 2003-52-415; 2003-66-52.

Former highways to



be maintained1012. (1.) During the 6 months after the completion of a replotting scheme, so far as the new

highways are not constructed and open for traffic, the former highways and all publicutilities and other works on them, if they do not interfere with or disturb the reasonableand necessary use and occupation of new parcels, may be maintained, and no personhas a right to compensation or a right of action for damages against the municipality oragainst any other person for that reason.

(2.) During the period referred to in subsection (1), the municipality or its licensees mayremove the public utilities and works.

(3.) A person unreasonably obstructing the use of a former highway during the periodreferred to in subsection (1) commits an offence and is liable on conviction to a penaltynot greater than $100.

RS1979-290-912.

Limitation of claims1013. Other than the right of complaint and appeal provided in this Part, no person is entitled to

make or proceed with any demand, claim or action against the municipality, any of itsofficers, employees or workers, or against the commissioner or the Provincialgovernment, for any loss or damage sustained or threatened by reason of a replottingscheme or for any matter caused by any proceedings taken or thing done under thisPart.

RS1979-290-913.

Disposal of municipal parcels1014. The municipality may dispose of a parcel allotted to it in the manner provided for

disposing of land acquired by it at a tax sale.RS1979-290-914.

Taxation during proceedings1015. Nothing in this Part affects the power of the municipality to assess and to levy rates and

taxes on the former parcels during the replotting scheme and before its completion.RS1979-290-915.

List of owners must be provided to municipality

1016. (1.) At the municipality’s request and on payment of reasonable fees specified by theregistrar of land titles for the work involved, the registrar must provide any requiredinformation to be obtained from the records and a list of the names and addresses of theregistered owners of all parcels of land in the district at the time of the initiation of thereplotting scheme.

(2.) On similar request, the Ministry of Lands, Parks and Housing must provide a list of thenames and addresses of the purchasers of Crown land in the district under agreementfor sale.

RS1979-290-918; 1983-10-21.

Land title fees1017. The fees payable to the registrar of land titles in respect of the matters under this Part



are to be governed by the Land Title Act.RS1979-290-900.

Questions may be referred to Supreme Court

1018. Any dispute or question on the construction of any provision of this Part, or thesufficiency and validity of proceedings taken under it, or the manner in which aproceeding is to be taken, may be referred to the Supreme Court for decision under tosection 1008.

RS1979-290-916.



PART 29 – INSPECTOR OF MUNICIPALITIES

Inspector of municipalities1019. (1.) The Lieutenant Governor in Council may appoint an inspector of municipalities who, in

addition to the powers and duties prescribed under this Act, has the powers and dutiesthat may be assigned to the inspector.

(2.) The inspector is to be attached to the office of the minister and is to be under the controlof the minister.

RS1979-290-742.

Official seal and documents1020. (1.) The inspector is to have an official seal inscribed with the words “Inspector of

Municipalities of British Columbia”.(2.) Every paper writing or instrument purporting to be issued by the inspector and impressed

with the seal of the office is admissible in evidence in all courts of British Columbiawithout proof of the sealing or of the signature of the inspector, or of the inspector’sdeputy, to the paper writing or instrument.

(3.) The record of a document or instrument forming part of the records of the office of theinspector, or a copy of it, or a copy of a document or instrument kept in the inspector’soffice, certified to be a true copy by the inspector or the inspector’s deputy, is admissiblein evidence in all courts of British Columbia as of equal validity with the originaldocument or instrument.

RS1979-290-743, 744.

Inquiries into local government matters

1021. (1.) With the approval of the Lieutenant Governor in Council, the inspector may hold aninquiry if(a) the inspector believes it expedient to make an inquiry into or concerning a matter

connected with a municipality or the conduct of a part of its business, or(b) a complaint is made to the inspector about a matter of municipal business,

actual or projected.(2.) An inquiry under this section may be held by the inspector, a deputy of the inspector or

another person authorized by the inspector and must be open to the public.(3.) The person holding the inquiry has in respect of it

(a) the protection and privileges, and(b) the powers of summoning and compelling attendance of witnesses,

administering oaths to witnesses, requiring the production of documents andpunishing for contempt,

as are by law given to commissioners appointed under Part 2 of the Inquiry Act.(4.) The costs, fees and expenses of the inquiry must be paid by the municipality.(5.) During an inquiry, the person holding the inquiry may do one or more of the following:

(a) direct that no action be taken by council on any or all matters designated by theperson holding the inquiry;

(b) direct municipal employees not to proceed with any matter designated by the



person holding the inquiry;(c) suspend a municipal officer or employee where the person holding the inquiry

believes the conduct of the officer or employee warrants suspension.(6.) The person holding the inquiry may rescind or amend a direction or suspension under

subsection (5).(7.) Subject to rescission or amendment, a direction or suspension under subsection (5)

remains in effect until an order is made under subsection (9).(8.) The person holding the inquiry must report to the Lieutenant Governor in Council

(a) on the evidence adduced,(b) on any direction or suspension under subsection (5), and(c) on the person’s recommendations.

(9.) On receipt of the report under subsection (8), the Lieutenant Governor in Council maymake an order that the Lieutenant Governor in Council believes is in the public interest.

(10.) An order under subsection (9) is binding on the municipality, the council and everyelected or appointed official, officer and employee of the municipality in the same way asif it were a regulation made by the Lieutenant Governor in Council under this Act.

RS1979-290-745.

Certificate of approval for money bylaws1022. (1.) A local government that adopts

(a) a loan authorization bylaw or security issuing bylaw, or(b) a bylaw imposing a special assessment or a special rate under any Act,may apply to the inspector for a certificate approving the bylaw.

(2.) The inspector must not grant a certificate(a) until after the time limit for giving notice of intention to make application to quash

the bylaw, or(b) while a proceeding that

(i) calls the validity of the bylaw into question, or(ii) seeks to quash the bylawis pending.

(3.) Despite subsection (2), if the time limit for giving notice of intention to make application toquash a bylaw has passed before the application to approve is made under subsection(1), the inspector may, in the inspector’s discretion,(a) disregard any proceeding in which the validity of the bylaw is in question that

was commenced after the application for approval was made, and(b) proceed to give the certificate of approval without reference to the proceeding.

(4.) A certificate given under subsection (3) has the same effect as if the action orproceeding had not been commenced.

(5.) If a bylaw has been approved, the inspector may also approve the debentures or othersecurities issued in conformity with it.

(6.) A certificate issued under subsection (5) may bear the actual or lithographed signature ofthe inspector.

RS1979-290-746; 2003-52-416.

Inquiry into application for certificate1023. (1.) The inspector may direct and hold inquiry into an application for a certificate under this

Part, and may hear and determine protests.



(2.) An inquiry under this section may be held by the inspector, a deputy of the inspector oranother person authorized by the inspector.

(3.) The inspector’s decision on granting, withholding or refusing a certificate is not subject toa proceeding, mandamus, certiorari or prohibition in any court of British Columbia.

(4.) Section 1021 (3) and (4) applies to an inquiry under this section.RS1979-290-747.

Appeal from inspector's decisions in relation to borrowing

1024. (1.) An appeal lies to the minister from every decision of the inspector(a) refusing to approve a loan authorization bylaw, or(b) withholding or refusing a certificate applied for under this Part.

(2.) On an appeal under subsection (1), the minister must hear and determine the matter,and may confirm, vary or rescind the decision of the inspector.

(3.) The determination on the appeal is conclusive and binding on all parties, including theinspector.

2003-52-417.

Certificate conclusive of validity1025. (1.) The production of a certificate issued under this Part or of the certified copy of a

certificate is, in all courts and places and for all purposes, conclusive evidence that(a) the bylaw, debenture or other security described in or covered by the certificate

has been validly made and issued, and(b) all statutory and other requirements have been complied with.

(2.) The validity of a bylaw, debenture or other security referred to in subsection (1) must notbe attacked, questioned or adjudicated on in any proceeding in any court of BritishColumbia.

(3.) A certificate under this Part may be in the following form:

Under the authority of the Local Government Act, I certify that this [bylaw has been lawfully and validlymade and enacted] [or debenture or other security has been lawfully made and issued, as the case maybe] and that its validity is not open to question on any ground in any court of British Columbia.

Dated .............................. [month, day, year]. ...................................................................

Inspector of Municipalities of British ColumbiaRS1979-290-749; 2000-7-191, Sch.

Appeal to minister if unable to reach agreement on construction of drains1025.1 (1.) A person may appeal to the minister if,

(a) in order to provide an outlet for a surface drain, the person must continue thedrain into an adjoining parcel of land or across or along a highway, and

(b) the owner of an adjoining parcel or the council refuses to enter into anagreement under which the drain may be continued.



(2.) On an appeal under subsection (1), the minister may direct the municipality or regionaldistrict, as applicable, to provide the necessary works and may determine by whom thecost of the works must be borne.

2003-52-418.



PART 30 – ADMINISTRATIVE COMMISSIONER

-- Sections 1026 - 1030 of Part 30 --


"commissioner" means a commissioner appointed for a jurisdiction under this Part;

"jurisdiction" means a municipality or regional district.

RS1979-290-861.

Appointment of administrative commissioner1027. (1.) The Lieutenant Governor in Council may appoint a commissioner for a jurisdiction

(a) if authorized by an order of the Supreme Court under subsection (2), or(b) on a report of the inspector that the jurisdiction has failed to or cannot make due

provision for the payment of either the principal of or the interest on a debentureissued or guaranteed by the jurisdiction when the payment is due.

(2.) If a jurisdiction for any reason fails to provide for the payment of either the principal of orthe interest on a debenture issued or guaranteed by the jurisdiction, when the payment isdue, any creditor or elector of the jurisdiction may apply to the Supreme Court for anorder authorizing the appointment of a commissioner for the jurisdiction to carry out theduties and functions provided for in this Part.

(3.) This section applies to a debenture of which, under any Act, the jurisdiction has beenmade responsible for the payment of the principal and the interest.

(4.) A commissioner has all the powers and authority that, before the appointment, werevested in or exercisable by the local government, the mayor or chair of the jurisdiction,the municipal police board, the parks commission, the civic properties commission, anyother local government commission, the board of school trustees and the officers of thejurisdiction.

(5.) A commissioner must be paid out of the jurisdiction’s revenue the salary and otherexpenses incidental to the commissionership as authorized by the Lieutenant Governorin Council.

RS1979-290-862, 863; 2003-52-419.

Substitution of commissioner1028. (1.) The Lieutenant Governor in Council may at any time cancel the appointment of a

commissioner and, on that cancellation, all the powers vested in that commissionerunder this Act end.

(2.) The Lieutenant Governor in Council may appoint another commissioner for thejurisdiction to replace a person whose appointment is cancelled under subsection (1).

(3.) If a commissioner dies, the Lieutenant Governor in Council may appoint anothercommissioner for the jurisdiction as a replacement.

(4.) A commissioner appointed under subsection (2) or (3) has all the powers and authority



vested in a commissioner by this Part.RS1979-290-870.

Acting commissioner1029. (1.) With the approval of the Lieutenant Governor in Council, a commissioner may appoint a

person as acting commissioner.(2.) An acting commissioner under subsection (1) has and may exercise all the powers and

authority of the commissioner(a) during any temporary absence of the commissioner, or(b) if the commissioner is for any reason unable to perform the commissioner’s

duties.(3.) If the acting commissioner appears to have acted in the exercise of any power or

authority of the commissioner, it is conclusively deemed that the acting commissioneracted for one of the reasons referred to in subsection (2).

RS1979-290-873.

Powers transferred to commissioner

1030. (1.) On the appointment of a commissioner,(a) the members of the local government, the municipal police board members, the

parks commissioners, the civic properties commissioners, any other localgovernment commissioners and all officers of the jurisdiction are deemed tohave retired from office, and

(b) all the rights, powers and authority vested in or exercisable by the localgovernment, the mayor or chair of the jurisdiction, the municipal police board,the parks commission, the civic properties commission, any other localgovernment commission and other officers of the jurisdiction by or under any Actare vested in and exercisable by the commissioner.

(2.) This section does not prevent the full exercise by the commissioner of the powersexercisable by the local government or other municipal body relative to the appointment,control or removal of its officers and employees.

(3.) On the appointment of a commissioner,(a) the school trustees elected in that jurisdiction for the school district of which the

jurisdiction is comprised or forms a part are deemed to have retired from office,and

(b) with the approval of the Lieutenant Governor in Council, the commissioner mustappoint a sufficient number of persons to maintain the jurisdiction’s quota ofschool trustees.

(4.) The Lieutenant Governor in Council may confer on a commissioner any rights, powersand authority that could by order be conferred on a council under any Act.

RS1979-290-864, 865; 2003-52-420.

-- Sections 1031 - 1040 of Part 30 --

Power of commissioner to make bylaws1031. (1.) A commissioner may adopt bylaws that might be adopted by the local government.



(2.) The commissioner must submit a bylaw under subsection (1) for the approval of theLieutenant Governor in Council and, on being approved by the Lieutenant Governor inCouncil, and registered if required, the bylaw comes into force and is valid and binding inall respects as a bylaw of the jurisdiction.

RS1979-290-866.

Powers of commissioner to borrow1032. (1.) Despite this Act or the Community Charter, a commissioner

(a) may make, amend and repeal bylaws authorizing the borrowing from anyperson, and

(b) subject to this section, may borrow under a bylaw referred to in paragraph (a)from any person

the sums of money on the credit of the jurisdiction, not repayable within the same year,that may be necessary for the replacement or reconstruction of, or for the purchase,construction and installation of, alterations, extensions or additions to existing services ofthe jurisdiction or any matter or thing connected with them.

(2.) A bylaw adopted under subsection (1) may make provision for granting to the lender thesecurity approved by the minister, and the commissioner may grant that security underthe bylaw.

(3.) Before the adoption of a bylaw under subsection (1), the terms of the bylaw, the natureof the security to be issued and the terms of repayment must be submitted in detail toand be approved by the minister, who may impose the conditions the minister considersadvisable.

(4.) A bylaw under subsection (1) does not come into force until approved by the LieutenantGovernor in Council.

(5.) Proof of the approval of the bylaw by the Lieutenant Governor in Council undersubsection (4) is, in all courts and places and for all purposes, conclusive evidence thatthe bylaw has been lawfully and validly made, and that all statutory and otherrequirements have been complied with.

(6.) The validity of a bylaw under subsection (1) must not be attacked or questioned oradjudicated on in any proceeding in a court in British Columbia.

RS1979-290-876; 1999-37-214; 2003-52-421.

Taxes for sinking fund1033. With the approval of the inspector, a commissioner may, by bylaw, determine what

amount, if any, is to be imposed or provided for sinking fund purposes in any year.1999-37-215.

Parcel tax rolls1034. (1.) All the powers vested in the council as to a parcel tax roll review panel are vested in the

commissioner.(2.) A parcel tax roll for a jurisdiction for which a commissioner has been appointed,

(a) as authenticated by the parcel tax roll review panel or by the commissioner oracting commissioner purporting to sit as the parcel tax roll review panel, and

(b) as further determined and confirmed on appeal from the parcel tax roll reviewpanel,

is deemed to be valid and binding on the jurisdiction and on all persons.



2003-52-422.

Limits on complaints against assessment1035. (1.) A complaint to the parcel tax roll review panel or an appeal to the Supreme Court, as

provided under the Community Charter, must not be sustained or allowed on thegrounds that land in a jurisdiction for which a commissioner is appointed has beenvalued at too high an amount, if the assessment complained of or appealed against isnot more than the assessed value of the same land according to the authenticated realproperty assessment roll for the year immediately preceding.

(2.) Subsection (1) applies despite any Act, but without affecting the provisions of an Actrelating to complaints or appeals against assessments of improvements.

RS1979-290-878; 1989-40-159; 2003-52-423.

Differences between commissioner and school board

1036. Any difference arising between the commissioner and the board of school trustees onmatters generally within the jurisdiction of the board of school trustees must bedetermined by the Lieutenant Governor in Council, whose decision is final.

RS1979-290-868.

Reports to minister1037. The commissioner must report to the minister whenever and on the matters directed by

the Lieutenant Governor in Council.RS1979-290-869.

Election after commissioner appointed1038. (1.) The Lieutenant Governor in Council may, by regulation, provide for the election of a local

government for a jurisdiction for which a commissioner has been appointed.(2.) On the election of a local government under subsection (1), the Lieutenant Governor in

Council may, by order, revoke the powers and authority vested in the commissioner and,on that revocation, the local government has and may exercise all the powers andauthority conferred by statute or by law on a local government of that type.

(3.) If provision for an election is made under subsection (1), the Lieutenant Governor inCouncil may also make regulations for the election of the required number of schooltrustees and, on their election, may by order terminate any appointment made by thecommissioner under section 1030.

RS1979-290-871.

Restriction on legal proceedings1039. (1.) In relation to a jurisdiction for which there is at the time a commissioner appointed under

this Part, a person must not, except with the consent of the Attorney General,(a) commence or continue a proceeding in any court in British Columbia in respect

of or for the recovery of either the principal of or the interest on a debenture orother security issued by or guaranteed by the jurisdiction or for the payment ofwhich the jurisdiction is liable, or

(b) commence or continue a proceeding in or out of a court in British Columbia inrespect of or for the recovery of either the principal of or the interest on a



debenture or other security guaranteed by the jurisdiction, if the propertypledged or hypothecated in security of the debt represented by the debenture orsecurity was not the property of the jurisdiction at the time of the pledge orhypothecation, but is at the commencement or continuance of the proceeding.

(2.) Subsection (1) (a) applies despite any Act.RS1979-290-874.

Power to make regulations1040. (1.) The Lieutenant Governor in Council may make regulations to carry this Part into effect.

(2.) Without limiting subsection (1), the Lieutenant Governor in Council may makeregulations(a) to remove any difficulty that may arise in the administration by the commissioner,

and(b) prescribing procedures governing the commissioner’s administration that are

considered desirable.RS1979-290-872.


LOCAL GOVERNMENT ACT · PART 3 – ELECTORS AND ELECTIONS Part 3: Division 1 – Interpretation 33....

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Transcript of LOCAL GOVERNMENT ACT · PART 3 – ELECTORS AND ELECTIONS Part 3: Division 1 – Interpretation 33....