1997 Legislative Session: 2nd Session, 36th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 23rd day of July, 1997
Ian D. Izard, Law Clerk


HONOURABLE MIKE FARNWORTH
MINISTER OF MUNICIPAL AFFAIRS
AND HOUSING

BILL 46 -- 1997
LOCAL GOVERNMENT STATUTES
AMENDMENT ACT (No. 2), 1997

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


Assessment Act

1 Section 20 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended in the definition of "industrial improvement" by repealing paragraph (q) and substituting the following:

(q) loading cargo onto sea going ships or barges, and associated cargo storage and loading facilities, including grain elevators.


Building Safety Standards Act

2 Section 39 of the Building Safety Standards Act, S.B.C. 1981, c. 11, is amended

(a) in paragraphs (f), (g), (h) and (l), in the part amending section 306 of the Vancouver Charter, by striking out "regulations made under section 740 of the Municipal Act, R.S.B.C. 1979, c. 290," and substituting "regulations under section 693 of the Municipal Act",

(b) in paragraph (i), in the part amending section 306 of the Vancouver Charter, by striking out "regulations under section 740 of the Municipal Act, R.S.B.C. 1979, c. 290," and substituting "regulations under section 693 of the Municipal Act" , and

(c) in paragraph (n), in the part amending section 306 of the Vancouver Charter, by striking out "regulations made under section 740 of the Municipal Act, R.S.B.C. 1979, c. 290" and substituting "regulations under section 693 of the Municipal Act".

3 Section 43 is amended, in the part amending section 567 of the Vancouver Charter, by striking out "regulations made under section 740 of the Municipal Act, R.S.B.C. 1979, c. 290," and substituting "regulations under section 693 of the Municipal Act".

4 Section 44 is repealed and the following substituted:

44 Section 2.1 is amended

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

(1) Sections 23, 218, 580 to 582, 612 and 670 to 678, 692, 693, 693.1, 693.3, 693.4, Division 2 of Part 22, sections 726 (3) and 744, Parts 24 and 25 and section 931 (6) of the Municipal Act, and the regulations under section 693 of that Act, apply to the city. , and

(b) by adding the following subsections:

(4) If the Council passes a by-law that is inconsistent with or purports to alter the requirements of a regulation under section 693 of the Municipal Act, the portion of the by-law that is inconsistent with or purports to alter the requirements of the building code is without effect.

(5) This section does not apply in respect of by-laws made under Part XXVII of this Act.


Fire Services Act

5 Section 1 of the Fire Services Act, R.S.B.C. 1996, c. 144, is amended by repealing the definition of "occupier" and substituting the following:

"occupier" includes

(a) a tenant, lessee, agent and any other person who has the right of access to and control of a building or premises to which this Act applies, and

(b) in relation to common property and common facilities in a strata plan, the strata corporation; .

6 Section 22 (3) and (4) is repealed and the following substituted:

(3) Subject to an agreement to the contrary,

(a) the cost of complying with an order must be borne by the owner, and

(b) if the occupier pays the cost, the occupier has a right of action or set off against the owner for the cost actually and necessarily paid in complying with the order.

7 Section 35 is amended by striking out "section 22 (3) and (4)" and substituting "section 22 (3)".

8 The following section is added:

Orders affecting strata lots

41.1 (1) An order under section 22, 30 or 33 that applies to a strata lot in a condominium building may be delivered to the strata corporation by service in accordance with section 70 of the Condominium Act if any of the following circumstances apply:

(a) the order cannot be delivered to the owner or occupier of the strata lot after reasonable efforts at delivery;

(b) the order has been delivered to the owner or occupier, but the owner or occupier does not appeal the order and does not comply with the order;

(c) the order has been upheld on appeal under section 27, 28 or 34, but the owner or occupier does not comply with the order.

(2) An order under section 22, 30 or 33 that applies to 6 or more strata lots in a condominium building

(a) is not required to be delivered to the owners or occupiers of the strata lots, and

(b) may instead be delivered to the strata corporation by service in accordance with section 70 of the Condominium Act.

(3) If an order is delivered to a strata corporation under subsection (1) or (2), the strata corporation is deemed to be an occupier of the strata lots to which the order applies and must comply with the order.


Greater Nanaimo Water District Act

9 Section 65 (1) of the Greater Nanaimo Water District Act, S.B.C. 1953 (Second Session), c. 41, is repealed and the following substituted:

(1) For the purpose of undertakings authorized by this Act or for the purpose of discharging the payment of any matter or thing contemplated or authorized by this Act, the Board may, by by-law adopted with the approval of the inspector of municipalities, incur debts and pledge the assets and credit of the Corporation by borrowing money by means of the issue and sale of debentures or other securities of the Corporation.

(1.1) The Corporation may make agreements for the repayment of loans, with interest, as it considers expedient, and may issue for any money borrowed and interest on them treasury notes or bills, debentures or other form of obligation.

(1.2) As a limit on subsections (1) and (1.1), debentures or other securities must not be issued unless the recommendation of the Commission has been received.

(1.3) Any debentures or other securities issued to incur a debt to meet a deficit incurred by the Corporation in the immediately preceding year must provide for payment of the whole of the debt in the year in which it is incurred.

10 Section 90 is repealed and the following substituted:

Right of community to complain to inspector

90. (1) The governing body of a community within the district may make a complaint to the inspector of municipalities regarding any by-law, order, decision or action of the Board.

(2) Section 846 (3) to (8) of the Municipal Act applies in relation to a complaint under subsection (1) of this section.

(3) Section 1021 of the Municipal Act applies to the Corporation as if it were a municipality.

(4) A person conducting an inquiry under this section may order that, as an exception to section 1021 (4) of the Municipal Act, all or part of the costs of the inquiry must be paid by the Corporation or a community.


Greater Vancouver Sewerage and Drainage District Act

11 Section 7 of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended

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

(c) may from time to time alienate any of its assets that, in the opinion of the Corporation, are no longer necessary or advantageous for its purposes; , and

(b) by adding the following subsection:

(1b) Sections 318 and 319 of the Municipal Act apply to the land that is proposed to be alienated under subsection (1) (c).

12 The following section is added:

Liquid waste disposal fees and levies

7C (1) For the purposes of this section:

"liquid waste" means sewage or waste water;

"sewerage facility" means

(a) any work, service or plant of the Corporation for conveying, disposing of or treating liquid waste, and

(b) any work, service or plant connected to a work, service or plant referred to in paragraph (a).

(2) In addition to its other powers, the Corporation may, by by-law, exercise one or more of the following powers in relation to the disposal of liquid waste discharged into or treated by a sewerage facility:

(a) set fees payable by persons who discharge liquid waste into a sewerage facility or whose liquid waste is treated by a sewerage facility;

(b) set rates or levels of fees based on

(i) the quantity, volume, type, concentration or composition of liquid waste discharged or treated,

(ii) the sewerage and drainage area,

(iii) the type of sewerage facility, or

(iv) any other basis prescribed by regulation under subsection (5);

(c) vary fees by class of persons, operations, activities, industries, trades, businesses, works or wastes;

(d) set fees for inspections and testing required to determine whether there is compliance with a waste regulatory by-law;

(e) establish fines for failure to comply with a by-law under this section.

(3) Section 267 of the Municipal Act applies to a by-law under this section as if the Corporation were a municipality.

(4) The Corporation may enter into agreements respecting the discharge into or the treatment of liquid waste by a sewerage facility including, without limiting this authority, agreements that provide exceptions to a by-law under this section.

(5) The Lieutenant Governor in Council may make regulations for the purposes of subsection (2) (b) (iv).

13 Section 14 (2) is repealed and the following substituted:

(2) Sections 257 (1), (3) and (5) and 794 (3) and (4) of the Municipal Act apply to the Corporation.

14 Section 36 (1) is repealed and the following substituted:

(1) Subject to subsections (1.1) and (2), the Corporation may, for the purpose of carrying out the objects of the Corporation, by by-law adopted with the approval of the inspector of municipalities, borrow money in the amounts and at the times that the Board considers expedient by the issue and sale of debentures or other securities.

(1.1) Debentures or other securities must not be issued unless a report of the Commissioner is received or the time for receiving the report has expired.

15 Section 40 is amended by striking out "and the approval of the Lieutenant-Governor in Council".

16 Section 58 (1) is amended by striking out ", with the consent of the Lieutenant-Governor in Council,".

17 Section 59 is repealed and the following substituted:

Right of member to complain to inspector

59. (1) The council of a member municipality may make a complaint to the inspector of municipalities regarding any by-law, order, decision or action of the Board.

(2) Section 846 (3) to (8) of the Municipal Act applies in relation to a complaint under subsection (1) of this section.

(3) Section 1021 of the Municipal Act applies to the Corporation as if it were a municipality.

(4) A person conducting an inquiry under this section may order that, as an exception to section 1021 (4) of the Municipal Act, all or part of the costs of the inquiry must be paid by the Corporation or a member municipality.


Greater Vancouver Water District Act

18 Section 5 of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is amended

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

(d) may alienate any of its assets that, in the opinion of the Corporation, are no longer necessary or advantageous to its purposes; , and

(b) by adding the following subsection:

(3) Sections 318 and 319 of the Municipal Act apply to the land that is proposed to be alienated under subsection (1) (d).

19 Section 17 (3) is repealed and the following substituted:

(3) Sections 257 (1), (3) and (5) and 794 (3) and (4) of the Municipal Act apply to the Corporation.

20 Section 60 (1) is repealed and the following substituted:

(1) For the purpose of undertakings authorized by this Act or for the purpose of discharging the payment of any matter or thing contemplated or authorized by this Act, the Board may, by by-law adopted with the approval of the inspector of municipalities, incur debts and pledge the assets and credit of the Corporation by borrowing money by means of the issue and sale of debentures or other securities of the Corporation.

(1.1) The Corporation may make agreements for the repayment of loans, with interest, as it considers expedient, and may issue for any money borrowed and interest on them treasury notes or bills, debentures or other form of obligation.

(1.2) As a limit on subsections (1) and (1.1), debentures or other securities must not be issued unless the report of the Commission is received or the time for receiving the report has expired.

21 Section 90 is repealed and the following substituted:

Right of municipality to complain to inspector

90. (1) The Council of a municipality within the district may make a complaint to the inspector of municipalities regarding any by-law, order, decision or action of the Board.

(2) Section 846 (3) to (8) of the Municipal Act applies in relation to a complaint under subsection (1) of this section.

(3) Section 1021 of the Municipal Act applies to the Corporation as if it were a municipality.

(4) A person conducting an inquiry under this section may order that, as an exception to section 1021 (4) of the Municipal Act, all or part of the costs of the inquiry must be paid by the Corporation or a municipality within the district.


Highway Act

22 The Highway Act, R.S.B.C. 1996, c. 188, is amended by adding the following section to Part 1:

Highways standards

13.1 (1) The minister may, by regulation, establish standards and requirements in relation to highways in areas outside a municipality.

(2) Without limiting subsection (1), regulations under that subsection may do one or more of the following:

(a) establish standards for the dimensions, locations, alignments and gradients of highways;

(b) establish standards and materials specifications in relation to highway and bridge design and construction;

(c) require that, within a subdivision or highway right of way or easement, systems for drainage collection and disposal be provided and that they be located and constructed in accordance with the standards established by the regulations;

(d) require that sidewalks, boulevards, boulevard crossings, transit bays, street lighting and underground wiring be provided and that they be located and constructed in accordance with the standards established by the regulations;

(e) authorize exceptions to standards and requirements established by the regulations, with the approval of a designated highways official within the meaning of section 1 of the Land Title Act.

(3) Regulations 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.

(4) If a bylaw has been approved by the minister under section 938 (3.1) (b) of the Municipal Act, a provision in a regulation under subsection (1) of this section that establishes highways standards or requirements in relation to the same subject does not apply to the area.


Islands Trust Act

23 Section 1 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by repealing the definition of "local trust committee" and substituting the following:

"local trust committee" means,

(a) in respect of a local trust area, the committee referred to in section 23 (2), and

(b) in respect of that part of the trust area that is not within a local trust area or municipality, the executive committee acting under section 23 (5); .

24 Section 7 (2) is repealed and the following substituted:

(2) Unless otherwise provided by letters patent under section 13 (3.1) of the Municipal Act, a municipal trustee appointed under subsection (1) of this section holds office from the date of appointment until the first Monday following the next December 1 or until the appointment of the trustee's successor, whichever is later.

25 Section 8 is amended

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

(a) acquire and dispose of land, , and

(b) by adding the following subsection:

(2.1) Sections 318 and 319 of the Municipal Act apply to a disposition of land under subsection (2) (a).

26 Section 23 (5) is repealed and the following substituted:

(5) For the part of the trust area that is not within a local trust area or municipality,

(a) the executive committee is deemed to be the local trust committee, and

(b) this Act, as it applies to a local trust committee for its local trust area, applies to the executive committee.

27 Section 29 (1) and (2) is repealed and the following substituted:

(1) Each local trust committee has, in respect of its local trust area, all the power and authority of a regional district board under the following enactments:

(a) sections 694 (1) (j) and 723 of the Municipal Act and Part 26 of that Act, except Division 10 of that Part and except section 939;

(b) section 9 of the Condominium Act;

(c) Part 2 of the Real Estate Act;

(d) the Agricultural Land Commission Act;

(e) the Soil Conservation Act.

(2) For the purposes of subsection (1), the enactments referred to in that subsection, as they apply to a regional district board, apply to the local trust committees.

28 Section 33 is repealed.

29 Section 36 (1) is repealed and the following substituted:

(1) A regional district board must not exercise within the trust area the power and authority given to

(a) the trust council under section 8 (2) (f), or

(b) a local trust committee under section 29 or 30.

30 The following section is added to Part 5:

Municipality must consider object of trust

39.1 The council of a municipality, all or part of which is in the trust area, must have regard to the object of the trust in adopting a bylaw or issuing a permit or licence.


Land Title Act

31 Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(a) by repealing the definition of "approving officer" and substituting the following:

"approving officer" means, as applicable,

(a) the municipal approving officer under section 77,

(b) the regional district approving officer under section 77.1,

(c) the islands trust approving officer under section 77.1, or

(d) the Provincial approving officer under section 77.2; , and

(b) by adding the following definitions:

"designated highways official" means an employee of the Ministry of Transportation and Highways designated, by name or by title, by the minister responsible for that ministry as a designated highways official for the purposes of the applicable provision of this Act;

"rural area" means an area outside a municipality; .

32 Sections 75 to 77 are repealed and the following substituted:

Requirements for subdivisions

75 (1) A subdivision must comply with the following, and all other, requirements in this Part:

(a) to the extent of the owner's control, there must be a sufficient highway to provide necessary and reasonable access

(i) to all new parcels, and

(ii) through the land subdivided to land lying beyond or around the subdivided land;

(b) all existing highways provided for in subdivision plans of adjoining land and all existing highways otherwise legally established must be continued without unnecessary jogs;

(c) if the land subdivided borders on

(i) a body of water, the bed of which is owned by the Crown,

(ii) the boundary of a strip of land established as the boundary of a water reservoir, where the strip of land and reservoir are owned by the Crown, or

(iii) a strip of Crown land 20 m or less in width contiguous to a natural boundary as defined in the Land Act,

access must be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centre lines, or, in a rural area where the parcels into which the land is subdivided all exceed 0.5 ha, at distances not greater than 400 m between centre lines;

(d) if the land subdivided borders on a body of water, the bed of which is owned by a person other than the Crown and,

(i) in the case of a lake or pond, the surface of the body of water at mean annual high water is at least 1.5 ha, and the mean depth at mean annual high water is at least 0.6 m, or

(ii) in the case of a river, creek or watercourse, the average width at mean annual high water is at least 6 m and the average depth at mean annual high water is at least 0.6 m,

access must be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centre lines, or, in a rural area where the parcels into which the land is subdivided all exceed 0.5 ha, at distances not greater than 400 m between centre lines;

(e) suitable lanes must be provided in continuation of existing lanes and in every case where lanes are considered necessary by the approving officer.

(2) As an exception, subsection (1) (d) (i) does not apply to a reservoir or pond referred to in paragraph (d) of that subsection if the reservoir or pond is used for the purpose of domestic or industrial water supply and its bed is owned by a public body other than the Crown.

(3) In considering the sufficiency of a highway shown on a plan and to be dedicated to the Crown, the approving officer must consider the following:

(a) the location and width of the highway;

(b) the suitability of the highway in relation to the existing use of the subdivided land and the use intended by the subdivision;

(c) the configuration of the land subdivided;

(d) the relation of the highway to be dedicated to an existing main highway or approach, whether by land or water, and local circumstances;

(e) on the question of width, the extent of the use, present and future, to which the highway may be put;

(f) the likely or possible role of the highway in a future highway network serving the area in which the subdivided land is located.

Relief from requirements established by section 75

76 (1) In circumstances prescribed under subsection (2), an approving officer may grant relief from compliance with all or part of the provisions of section 75 (1) (a) or (b).

(2) The Lieutenant Governor in Council may make regulations prescribing circumstances for the purposes of subsection (1), which may be different for different areas.

(3) On receiving an application made in accordance with subsection (4), the Minister of Transportation and Highways may grant relief from strict compliance with a requirement under section 75 (1) (c) or (d).

(4) An application under subsection (3) must be supported by an affidavit and, if the approving officer is a municipal, regional district or islands trust approving officer appointed under section 77 or 77.1, by the written recommendation of the approving officer.

(5) Relief granted under subsection (3) may be evidenced by a certificate endorsed on the plan and signed by the Minister of Transportation and Highways or by a designated highways official.

Division 3 -- Appointment, Powers and Duties of Approving Officers

Appointment of municipal approving officers

77 (1) For land within a municipality, the municipal council must appoint a person as an approving officer.

(2) An approving officer appointed under this section must be

(a) the municipal engineer,

(b) the chief planning officer,

(c) some other employee of the municipality appointed by the municipal council, or

(d) a person who is under contract with the municipality.

Appointment of regional district and islands trust approving officers

77.1 (1) Subject to subsection (2), the Lieutenant Governor in Council may, by order, do one or more of the following:

(a) authorize a regional district board to appoint a person as an approving officer for the rural area of the regional district;

(b) authorize the trust council under the Islands Trust Act to appoint a person as an approving officer for the rural area of the trust area under that Act;

(c) if an order under paragraph (a) or (b) applies, provide that section 83.1 does not apply in relation to the regional district or trust area.

(2) An order under subsection (1) (a) or (b) must be requested by resolution of the regional district board or trust council, as applicable, and must be recommended by the Minister of Transportation and Highways.

(3) An order under subsection (1) (a) or (b) may include one or more of the following:

(a) requirements that must be met before the authorization becomes effective;

(b) conditions relating to the appointment of the approving officer under this section;

(c) provisions respecting the transition to the exercise of authority by an approving officer appointed under this section including, without limiting this, exceptions and modifications respecting how applications that are pending at the time the authorization becomes effective are to be dealt with.

(4) If a regional district board or the trust council is authorized under subsection (1), it must appoint an approving officer for the rural area of its jurisdiction.

(5) An approving officer appointed under this section must be

(a) the regional district or trust area engineer,

(b) the chief planning officer,

(c) some other employee of the regional district or trust council appointed by the board or council, as applicable, or

(d) a person who is under contract with the regional district or trust council.

Provincial approving officers

77.2 (1) If an approving officer is not appointed under section 77.1 for a rural area, the approving officers for the area are

(a) the Deputy Minister of Transportation and Highways, and

(b) approving officers appointed under subsection (2).

(2) The Lieutenant Governor in Council may appoint a person as an approving officer for a rural area referred to in subsection (1).

33 Section 79 is repealed.

34 Section 80 is repealed and the following substituted:

Controlled access highways

80 If a plan of subdivision affects land adjacent to a controlled access highway, as defined in Part 6 of the Highway Act,

(a) the approving officer must not approve the plan if it does not conform to any applicable regulations under the Highway Act, and

(b) an approving officer appointed under section 77 or 77.1 must not approve the plan unless it has first been approved by the Minister of Transportation and Highways or a designated highways official.

35 Section 83 is repealed and the following substituted:

Tender of plan for examination and approval

83 (1) A subdivision plan must be tendered for examination and approval by the approving officer as follows:

(a) if the land affected is within a municipality, to the municipal clerk;

(b) if the land affected is in the rural area of a regional district authorized to appoint an approving officer under section 77.1, to the secretary of the regional district;

(c) if the land affected is in the rural area of the trust area under the Islands Trust Act and the trust council is authorized to appoint an approving officer under section 77.1, to the secretary of the trust council;

(d) in other cases, to the district highways manager of the Ministry of Transportation and Highways.

(2) The subdivision plan must be accompanied by the following:

(a) the applicable fees established under section 931 (1) (f) of the Municipal Act or under section 292 (1) (h) of the Vancouver Charter or prescribed under subsection (3) of this section;

(b) a certificate

(i) that all taxes assessed on the subdivided land have been paid, and

(ii) if local improvement taxes, rates or assessments are payable by instalments, that all instalments owing at the date of the certificate have been paid;

(c) if the approving officer considers that there is reason to anticipate that the land may be resubdivided and requires this information, a sketch showing that the parcels into which the land is subdivided can conveniently be further subdivided into smaller parcels;

(d) if the approving officer requires this information, profiles of every new highway shown on the plan and such necessary topographical details as may indicate engineering problems to be dealt with in opening up the highways, including environmental impact or planning studies.

(3) The Lieutenant Governor in Council may, by regulation, prescribe fees for subdivision plan examination by a Provincial approving officer, which may vary with the number, size and type of parcels involved in the proposed subdivision.

36 The following section is added:

Referral to designated highways official

83.1 (1) Unless the application of this section is excepted by order under section 77.1 (1) (c), a regional district or islands trust approving officer who receives a plan tendered under section 83 (1) (b) or (c)

(a) must refer the plan to a designated highways official for review, and

(b) must not approve the plan unless the designated highways official consents.

(2) The designated highways official may direct the approving officer to impose on the applicant specified requirements that must be met before the plan is approved or that must be conditions of approval.

(3) Requirements that may be directed under subsection (2) are

(a) requirements that the approving officer may require under this or another Act including, without limiting this, under section 83 (2) (d) of this Act or section 945 of the Municipal Act, and

(b) any other requirements that the designated highways official considers necessary to ensure that present and future highways needs can be adequately met.

(4) Without limiting the authority of an approving officer, the approving officer may impose on an applicant any requirements directed by the designated highways official under subsection (2).

(5) In determining whether or not to consent, the designated highways official is limited to considering the following:

(a) whether the plan complies with the enactments that establish requirements and standards in relation to highways;

(b) whether the highways within and leading to and beyond the subdivision are sufficient in relation to their capacity to carry traffic and their provision of access into and out of the subdivision;

(c) whether any requirements directed under subsection (2) have been satisfied.

37 Section 87 is repealed and the following substituted:

Local government matters to be considered by approving officer

87 Without limiting section 85 (3), the approving officer may refuse to approve a subdivision plan if the approving officer considers that the subdivision does not conform to the following:

(a) all applicable provisions of the Municipal Act;

(b) all applicable municipal, regional district and improvement district bylaws regulating the subdivision of land and zoning;

(c) if the land affected is within the trust area under the Islands Trust Act, all applicable local trust committee bylaws regulating the subdivision of land and zoning.

38 Section 102 (3) is repealed and the following substituted:

(3) The reference plan or explanatory plan must be

(a) signed by the Surveyor General, and

(b) unless the highway has been previously established by notice in the Gazette, approved by a designated highways official.

39 Section 109 (2) is repealed and the following substituted:

(2) The deposit by the registrar of a subdivision or reference plan that has been approved by a designated highways official

(a) extinguishes a highway in the plan that adjoins on both its sides land the title to which is registered in the name of the subdivider,

(b) vests the title to the highway extinguished in the owner of the land covered by the plan without a further instrument of transfer, and

(c) if the title to the land covered by the plan is subject to a registered charge, extends the charge to include the land covered by the highway extinguished.

40 Section 114 is repealed and the following substituted:

Statutory right of way plan may be used in application to register fee simple

114 (1) The registrar may allow a person to use and deposit a statutory right of way plan, instead of a reference plan, if all the following requirements are met:

(a) the registrar is satisfied that the nature of the person's undertaking requires the acquisition of a title in fee simple to the land included within the statutory right of way plan;

(b) the plan is approved by the approving officer in the manner required under this Act for a subdivision plan;

(c) in the case of a plan that establishes a highway, approval of the plan has received the consent of a designated highways official under section 83.1, unless that section does not apply by reason of an order under section 77.1 (1) (c);

(d) the plan complies with this Part and the applicable regulations of the Surveyor General.

(2) Subsection (1) (b) and (c) does not apply to a person having a statutory right to acquire compulsorily a parcel smaller than the registered parcel.

(3) If the statutory right of way plan has been deposited before an application for title in fee simple, the approval required by subsection (1) (b) and the consent required by subsection (1) (c) may be given in a separate document of the approving officer, instead of being written on the plan.

41 Section 124 is repealed and the following substituted:

Report of the approving officer and Ministry of Transportation and Highways

124 (1) Unless the registrar otherwise orders, before the date set for the hearing of the petition, the petitioner must file with the registrar a report of the approving officer that contains all of the following information:

(a) whether any part of a public area affected by the petition is an arterial highway;

(b) the approving officer's opinion as to whether, if the petition is granted, the plan referred to in the petition will comply with

(i) the applicable subdivision and zoning bylaws, and

(ii) the requirements of section 75;

(c) other information that the approving officer considers material to the petition.

(2) If any part of a public area affected by the petition is a highway in a rural area or an arterial highway in a municipality, before the date set for the hearing of the petition, the petitioner must file with the registrar a report of the district highways manager of the Ministry of Transportation and Highways.

(3) A request for a report required under this section must be made in writing to

(a) the approving officer, in the case of a report under subsection (1), or

(b) the district highways manager of the Ministry of Transportation and Highways, in the case of a report under subsection (2),

and must be accompanied by a copy of the petition and a print of the plan annexed as a schedule to the petition.

(4) Within 60 days after receiving a request referred to in subsection (3), the approving officer or district highways manager, as applicable, must deliver the report to the petitioner.

42 Section 125 (3) is repealed and the following substituted:

(3) Unless the registrar orders otherwise, as soon as practicable after the report of the approving officer under section 124 (1) or the report of the district highways manager under section 124 (2) has been filed, the petitioner must serve it on the persons referred to in subsection (2) of this section.


Miscellaneous Statutes Amendment Act (No. 2), 1985

43 Section 79 of the Miscellaneous Statutes Amendment Act (No. 2), 1985, S.B.C. 1985, c. 51, is amended by striking out "Section 396 (f)" and substituting "Section 396 (1) (f)".


Municipal Act
(R.S.B.C. 1979, c. 290)

44 Section 280 of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed.

45 Section 703 is repealed.


Municipal Act
(R.S.B.C. 1996, c. 323)

46 Section 1 of the Municipal Act, R.S.B.C. 1996, c. 323, is amended by adding the following definition:

"counter petition" means a petition against a proposed bylaw or action of a local government; .

47 Section 10 is amended

(a) by repealing subsection (4), and

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

(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 an obligation incurred for this purpose must not have a term of more than 5 years.

48 The following section is added:

Incorporation of island municipality in Islands Trust area

11.1 (1) As an exception to sections 16 and 17, if the area for a new municipality is entirely within the trust area under the Islands Trust Act, the municipality must be incorporated as an island municipality under the name of the "Island Municipality of ..........." or the "............. Island Municipality".

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

49 Section 13 is amended

(a) by repealing subsection (3) (a) and substituting the following:

(a) provide that sections 449 (1) to (8), 458 and 646 (6) do not apply, but that the inspector may direct that the assent of the electors be obtained or that the electors be given an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1, , and

(b) by adding the following subsection:

(3.1) In addition to the matters referred to in subsections (1) and (2), the letters patent incorporating 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 of the Islands Trust Act;

(c) establish the process that the council of an island municipality must follow in submitting 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 the area being incorporated as the new municipality.

50 Section 15 is repealed and the following substituted:

Publication of letters patent

15 (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 under subsection (2), and

(b) the municipal council, regional district board or improvement district trustees, as applicable, 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 the boundary description may be viewed.

(2) The Lieutenant Governor in Council may make regulations prescribing the form of notice under subsection (1) (a).

51 Section 24 (2) is amended by striking out "section 782 (4)," and substituting "section 782 (4.1)," .

52 Section 205 (3) is repealed.

53 Section 212 (1) is repealed and the following substituted:

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

54 The following section is added to Division 5 of Part 5:

Counter petition process

212.1 (1) Unless otherwise provided, this section applies to counter petitions required or authorized under this Act in relation to proposed municipal bylaws or actions.

(2) The council must establish a deadline by which counter petitions in relation to a specific bylaw or action must be submitted to the council.

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

(a) must be published in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established under subsection (2), and

(b) from the date of first publication in a newspaper, must be posted on the notice board or usual place for publishing notices at the municipal hall.

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

(a) a general description of the proposed bylaw or action;

(b) a statement that the council may proceed with the bylaw or action unless the counter petition is sufficient;

(c) the area to which the counter petition applies, if that area is not the whole of the municipality;

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

(e) an estimate of the number of persons who must petition against the bylaw or action in order for the counter petition to be sufficient;

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

(5) Subject to section 212 (1), a counter petition may be in any form that clearly indicates the intention of the person or persons signing it to petition against the proposed action or bylaw.

(6) A counter petition is sufficient if, on the basis of the signed counter petition forms submitted to the council before the deadline established under subsection (2), the counter petition is signed by at least 5% of the electors of the area to which the counter petition applies.

(7) If a counter petition is certified as valid and sufficient under section 212 (2), the council must not proceed with the proposed bylaw or action unless it receives the assent of the electors.

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

55 Section 217 is repealed and the following substituted:

Additional housing contract authority

217 In addition to its other powers under this Act, a council may enter into contracts in relation to housing matters with the government of Canada or an agent of the government of Canada.

56 Section 218 is repealed and the following substituted:

Joint exercise of powers with other municipalities

218 (1) A municipality may join with another municipality to exercise a power conferred by this Act.

(2) An agreement under this section is not valid until ratified by a bylaw adopted by each council.

(3) For the purpose of this section,

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

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

57 Section 228 (1) is amended by striking out "may, by bylaw adopted with the approval of the inspector," and substituting "may, by bylaw,".

58 Section 232 (2) is repealed.

59 Section 233 is amended

(a) in subsection (4) by adding the following paragraph:

(d) a rate based on any factor set out in the bylaw. ,

(b) by adding the following subsection:

(4.1) If the council imposes a rate or charge under subsection (4), the bylaw that imposes the rate or charge may set different rates or charges on different classes of business, as specified in the bylaw. ,

(c) by repealing subsection (9) and substituting the following:

(9) A bylaw designating a business improvement area ceases to have effect on the earlier of

(a) 20 years from the date the bylaw comes into force, and

(b) a date specified in the bylaw. , and

(d) by repealing subsection (10).

60 Section 234 (12) is repealed.

61 Section 237 is amended

(a) in the words before paragraph (a) by striking out "one more of" and substituting "one or more of" , and

(b) by repealing paragraph (a) and substituting the following:

(a) to help a person, organization or other government establish, develop, maintain and operate airports, seaplane harbours and aircraft landing areas inside or outside the municipality; .

62 Section 243 is amended by adding the following paragraph:

(f.1) to be responsible for appointing, promoting, disciplining and dismissing employees, subject to any restrictions and conditions established by bylaw; .

63 Section 244 is repealed.

64 Section 245 is repealed and the following substituted:

Appointment of officers and employees generally

245 (1) Subject to this Act, a council may

(a) appoint or cause to be appointed persons to offices established by or under this Act as officer positions for the municipality,

(b) appoint or cause to be appointed other employees considered necessary for the good government of the municipality, and

(c) establish the powers, duties and responsibilities of officers and employees.

(2) In addition to the officer positions established by this Act, a council may, by bylaw, establish other officer positions for the municipality.

(3) The same person may be appointed to 2 or more offices or positions.

Terms and conditions of employment

245.1 (1) Subject to the Employment Standards Act, the Labour Relations Code and this Act, a council may establish the terms and conditions of employment for officers and employees by contract of employment, by collective agreement or by bylaw.

(2) Without limiting subsection (1), a council may establish the remuneration, benefits, hours of work and manner of appointment, promotion, discipline and dismissal as terms or conditions of employment.

(3) In the event of a conflict between terms and conditions of employment established by bylaw and those established by contract of employment or collective agreement, the contract or agreement prevails over the bylaw.

(4) Subject to a contract of employment or a collective agreement, a council may, by bylaw, designate an officer or officer position as having authority to appoint, promote, discipline and dismiss employees, subject to the restrictions and conditions established by the bylaw.

65 Section 248 is repealed.

66 Section 251 (1) is amended by striking out "section 245 (2)," and substituting "section 245.1 (2)," .

67 Section 259 is repealed and the following substituted:

When a bylaw comes into force

259 A municipal bylaw comes into force on the later of

(a) the date it is adopted by council, and

(b) a date set by the bylaw.

68 The following sections are added to Division 1 of Part 6:

Exercise of powers through municipal code

259.1 (1) Subject to this Act, a council may exercise some or all of its powers under this Act by the adoption of a comprehensive general bylaw.

(2) Without limiting the authority of a council under subsection (1), a comprehensive general bylaw under that subsection may be cited as "The (name of municipality) Municipal Code".

(3) A comprehensive general bylaw under subsection (1) is subject to all requirements that would apply to the exercise of the powers by separate bylaws.

Evidence of bylaw

259.2 A printed document purporting

(a) to be a copy of a municipal bylaw, and

(b) to be printed by authority of the council of the municipality

is proof, in the absence of evidence to the contrary, of the bylaw and of the fact of its passage.

69 The following Division is added to Part 6:

Division 5 -- Consolidation and Revision of Bylaws

Consolidation of bylaws

280.1 (1) A council may, by bylaw, authorize a designated officer to consolidate one or more of the bylaws of the municipality.

(2) In consolidating a bylaw, the officer must

(a) incorporate in it all amendments that have been made to the bylaw, and

(b) omit any provision that has been repealed or that has expired.

(3) A printed document purporting

(a) to be a copy of a bylaw consolidated under this section, and

(b) to be printed by authority of the designated officer

is proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of passage of the original and all amending bylaws.

Revision of bylaws

280.2 (1) A council may, by bylaw, authorize the revision of all or any of the bylaws of the municipality.

(2) A bylaw under subsection (1) may authorize one or more of the following:

(a) consolidating a bylaw by incorporating in it all amendments to the bylaw;

(b) omitting and providing for the repeal of a bylaw or a provision of a bylaw that is expired, inoperative, obsolete, spent or otherwise ineffective;

(c) omitting, without providing for its repeal, a bylaw or a provision of a bylaw that is of a transitional nature or that refers only to a particular place, person or thing or that has no general application throughout the municipality;

(d) combining 2 or more bylaws into one, dividing a bylaw into 2 or more bylaws, moving provisions from one bylaw to another and creating a bylaw from provisions of one or more bylaws;

(e) altering the citation and title of a bylaw and the numbering and arrangement of its provisions;

(f) adding, changing or omitting a note, heading, title, marginal note, diagram, map, plan or example to a bylaw;

(g) omitting the preamble and long title of a bylaw;

(h) omitting forms or schedules contained in a bylaw that can more conveniently be contained in a resolution, and adding to the bylaw authority for forms or schedules to be established by resolution;

(i) correcting clerical, grammatical and typographical errors;

(j) making changes, without changing the substance of the bylaw, to bring out more clearly what is considered to be the meaning of a bylaw or to improve the expression of the law.

Revision may consolidate existing bylaws into municipal code

280.3 (1) Subject to this Act, a bylaw under section 280.2 may authorize a revision to consolidate and revise bylaw provisions respecting any or all matters within the jurisdiction of the municipality into a comprehensive general bylaw.

(2) Without limiting the authority of a council under subsection (1), a comprehensive general bylaw consolidated under that subsection may be cited as provided in section 259.1.

(3) Changes to a comprehensive general bylaw consolidated under subsection (1) are subject to all requirements that would apply to the exercise of the powers by separate bylaws.

Bylaw required to adopt revision

280.4 (1) In order to be effective, a revised bylaws must be adopted by bylaw.

(2) Before a bylaw under subsection (1) is given third reading, the municipal clerk must certify that the proposed revised bylaw has been revised in accordance with the bylaw authorizing the revision.

(3) After a proposed revised bylaw is certified under subsection (2) and before it is adopted, it may only be amended if the change made by the amendment is in accordance with the bylaw authorizing the revision.

(4) A bylaw under subsection (1) must specify the date on which the revised bylaw is to come into force.

(5) A revised bylaw adopted under this section is deemed to have been adopted as if all requirements respecting the approval and adoption of the bylaw provision for which a provision in the revised bylaw is substituted have been met.

Effect of revised bylaws

280.5 (1) When a revised bylaw comes into force, the bylaw provisions that it revises are repealed to the extent that they are incorporated in the revised bylaw.

(2) A reference in an enactment or document to a provision of a bylaw that has been repealed under subsection (1) is deemed, in respect of any transaction, matter or thing occurring after the revised bylaw comes into force, to be a reference to the provision of the revised bylaw that has been substituted for the repealed provision.

(3) A revised bylaw does not operate as new law but has effect and must be interpreted as a consolidation of the law contained in the bylaw provisions replaced by the revised bylaw.

(4) To the extent that a provision of a revised bylaw has the same effect as the provision of a previous bylaw for which it is substituted, the provision of the revised bylaw operates retrospectively as well as prospectively and is deemed to have come into force on the date on which the previous bylaw provision came into force.

(5) If a provision of a revised bylaw does not have the same effect as the provision of a previous bylaw for which it is substituted,

(a) the provision of the previous bylaw prevails with respect to all transactions, matters and things occurring before the date on which the revised bylaw comes into force, and

(b) the provision of the revised bylaw prevails with respect to all later transactions, matters and things.

Correction of revision errors

280.6 (1) If an error is made in the revision of a bylaw and the revised bylaw has been adopted under section 280.4, the error may be corrected by bylaw in accordance with the bylaw authorizing the revision.

(2) A bylaw under subsection (1) is deemed to have been adopted as if all requirements respecting the approval and adoption of a bylaw provision for which the provision in the revised bylaw was substituted have been met.

70 Section 287 (1) is amended

(a) by repealing paragraph (k) and substituting the following:

(k) a trustee of a body of the Islands Trust under the Islands Trust Act; , and

(b) by repealing paragraph (o) and substituting the following:

(o) a volunteer who participates in the delivery of services by a municipality, regional district or a body referred to in paragraphs (c) to (k) under the supervision of an officer or employee of the municipality, regional district or any of those bodies; .

71 Section 292 is repealed.

72 Section 302 (2) is repealed.

73 Section 307 (3) and (4) is repealed and the following substituted:

(3) Before adopting a bylaw under subsection (2), the council must provide the electors with an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1.

74 Section 312 (2) is repealed and the following substituted:

(2) A council may, by bylaw, withdraw land from a municipal forest reserve if the electors are given an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1 and the counter petition is not sufficient.

(2.1) In addition to the information required by section 212.1 (4), the notice of a counter petition under subsection (2) of this section must state

(a) the purpose for which the council intends to withdraw the land from the municipal forest reserve, and

(b) if this is in relation to a sale of the land, the price that is to be received.

75 Section 319 is amended by adding the following subsection:

(3) As an exception to section 316 (1), a council may assume and continue an existing lease that has a term or terms that exceed in total 99 years, if the lease is assumed in relation to an agreement for the transfer of property from the government of Canada or British Columbia to the municipality.

76 Section 322 is repealed and the following substituted:

Power to convey land to school board

322 A council may, by bylaw, transfer to the board of school trustees having jurisdiction in the municipality, in trust for school purposes, any land reserved or acquired by the municipality for school purposes.

77 Section 329 (4) is repealed.

78 Section 342 (4) is repealed and the following substituted:

(4) A bylaw under subsection (2) is deemed to have been approved by the electors if the electors are given an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1 and the counter petition is not sufficient.

(4.1) In addition to the information required by section 212.1 (4), the notice of a counter petition under subsection (4) of this section must

(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.

79 Section 343.1 (5) is repealed and the following substituted:

(5) A bylaw under subsection (2) is deemed to have been approved by the electors if the electors are given an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1 and the counter petition is not sufficient.

(5.1) In addition to the information required by section 212.1 (4), the notice of a counter petition under subsection (5) 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.

80 Section 348 (7) and (8) is repealed and the following substituted:

(7) The council may agree to rescind or amend an agreement made under this section, including rescission or amendment of a covenant, provision or condition included by reason of subsection (6).

81 Section 382 is repealed and the following substituted:

Adjustments required if assessments are set aside or varied

382 (1) If an assessment is set aside or varied after the date of the adoption of the annual rates bylaw, the collector must

(a) make the necessary adjustment in the records, and

(b) report on that adjustment to the council.

(2) The amount of any tax as amended under this section is the amount of taxes imposed for the current year on the property affected and, despite the terms of a receipt given by the collector, any excess paid must be refunded and any balance unpaid is taxes due and payable.

82 Section 452 (7) is repealed and the following substituted:

(7) If the inspector approves a bylaw under subsection (6), the inspector may direct that

(a) the assent of the electors be obtained, or

(b) the electors be given an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1.

83 Section 455 is amended by adding the following subsection:

(5.1) The power to adopt a loan authorization bylaw may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw under section 280.3.

84 Section 458 is repealed and the following substituted:

Requirement for assent of the electors

458 (1) Except as otherwise provided, a loan authorization bylaw requires the assent of the electors.

(2) Assent of the electors to a loan authorization bylaw is not required if the money to be borrowed is for one or more of the following:

(a) local improvements under sections 620 to 645;

(b) subject to subsection (3), capital expenditures for

(i) drainage, sewerage or water works,

(ii) a utility, or

(iii) a project that is wholly or partly financed by the government of Canada;

(c) works under an order of the Inspector of Dikes;

(d) works required to be carried out pursuant to an order under section 32 of the Waste Management Act;

(e) works required to be carried out pursuant to an order of the minister or the Lieutenant Governor in Council under the Environment Management Act.

(3) Subsection (2) (b) applies only if

(a) the proposed bylaw has been approved by the inspector,

(b) after approval of the inspector, the electors are given an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1 and the counter petition is not sufficient, and

(c) the bylaw is adopted by at least 2/3 of the members of council.

(4) The notice of a counter petition under subsection (3)

(a) must include, in addition to the information required by section 212.1 (4),

(i) the amount proposed to be borrowed, and

(ii) the length of time for repayment, and

(b) may describe the proposed work by reference to a plan of the work.

85 The following section is added:

Borrowing to cover judgments and awards in legal proceedings

458.1 (1) A council may, by loan authorization bylaw adopted without the assent of the electors but with the approval of the inspector, borrow money required for one or more of the following:

(a) to comply with an order or requirement to pay money into the Supreme Court as security

(i) for payment of a judgment or other debt,

(ii) for damages or costs, or

(iii) for the costs of an appeal from the decision of a court or an arbitrator;

(b) to satisfy a judgment or other order of a court against the municipality;

(c) to satisfy an award resulting from an arbitrator's determination of liability or quantum of damages against the municipality, including orders of the arbitrator related to that determination.

(2) A debt under this section is not required to conform with the capital expenditure program bylaw under section 329.

86 Section 459 (5) is repealed and the following substituted:

(5) A council may, by bylaw adopted by 2/3 of the members and without the assent of the electors, vary the works, services and allocations in a comprehensive loan authorization bylaw.

(5.1) Before adopting a bylaw under subsection (5), the council must provide the electors with an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1.

87 Section 474 is repealed and the following substituted:

Cancellation and destruction of debentures

474 If for any reason debentures are to be cancelled and destroyed, they must be cancelled and destroyed under the supervision of the mayor, the municipal treasurer and the auditor.

88 Section 477 is amended

(a) in subsection (2) by striking out "the approval of the inspector and", and

(b) in subsection (3) by striking out "by bylaw adopted with the approval of the inspector," and substituting "by bylaw,".

89 Section 484 (1) is repealed and the following substituted:

(1) Instead of investing sinking fund money under section 483, a council may

(a) purchase debentures of the municipality, maturing not later than the sinking fund debentures, or

(b) invest in securities of the Greater Vancouver Water District, if the municipality is in or partly in the district.

90 Section 488 is amended

(a) in subsection (1) by striking out "may, by bylaw adopted with the approval of the inspector," and substituting "may, by bylaw,", and

(b) in subsection (3) by striking out "may, by bylaw adopted with the approval of the inspector," and substituting "may, by bylaw,".

91 Section 489 (1) is amended by striking out "may, by bylaw adopted with the approval of the inspector," and substituting "may, by bylaw,".

92 Section 499 (3) is repealed and the following substituted:

(3) Before adopting a bylaw under subsection (1), the council must provide the electors with an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1.

93 Section 502 is amended by striking out "by bylaw adopted with the approval of the inspector," and substituting "by bylaw,".

94 Section 508 is amended

(a) by repealing subsection (3) and substituting the following:

(3) Promptly after a person is appointed or terminated as auditor, the clerk must give the person written notice of the appointment or termination. , and

(b) by repealing subsection (4).

95 Section 509 is repealed.

96 Section 510 (5) and (6) is repealed.

97 Section 512 (1) is repealed and the following substituted:

(1) The auditor must report in writing to the council and to the inspector each defalcation or irregularity in the funds, accounts, assets, liabilities and financial obligations of the municipality and of its administrative bodies.

98 Section 517 (1) (e) and (f) is repealed and the following substituted:

(e) make agreements with other local governments, improvement districts, the Provincial government or the federal government, for the use of fire fighting and assistance response equipment and personnel inside or outside the municipality, on terms and for remuneration agreed to by the parties to the agreement;

(f) make agreements with other local governments, improvement districts, the Provincial government or the federal government, or with any other person or other properly constituted authority,

(i) for the providing of fire protection and assistance response by, for or on behalf of the owners or occupiers of property located inside or outside the municipality, and

(ii) for the paying or collecting of agreed charges for it.

99 Section 550 (2) is repealed and the following substituted:

(2) The powers under subsection (1) may be exercised outside the municipality but, before adopting the applicable bylaw, the council must obtain the consent of the other affected local government as follows:

(a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required;

(b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required.

100 Section 574 (4) and (5) is repealed and the following substituted:

(4) A council may, by bylaw, extend drainage or sewerage systems outside the municipality, and may acquire property, easements and rights of way for such a system.

(5) As a limit on subsection (4), before adopting a bylaw under that subsection, the council must obtain the consent of the other affected local government as follows:

(a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required;

(b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required.

101 Section 575 (3) is amended by adding the following paragraph:

(e) for charges in relation to sewerage facilities of the Greater Vancouver Sewerage and Drainage District, any of the factors under section 7C (2) (b) and (c) of the Greater Vancouver Sewerage and Drainage District Act.

102 Section 576 is amended

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

(1) Adjoining or contiguous municipalities that maintain municipally-owned sewerage systems may, by bylaw, make agreements for the use, exchange, lease or sale, on agreed terms, of a sewer

(a) laid or installed along or in the neighbourhood of the boundary line between the contracting municipalities, or

(b) laid by one municipality in the other municipality. , and

(b) by repealing subsection (3).

103 Section 577 (4) and (5) is repealed and the following substituted:

(4) For works referred to in subsection (1) (a) and (b), a council may, by bylaw,

(a) provide for their establishment outside the municipality, and

(b) set a scale of charges and make regulations for the use of the works wherever located.

(5) Before adopting a bylaw under subsection (4), the council must obtain the consent of the other affected local government as follows:

(a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required;

(b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required.

104 Section 591 (1) is amended by striking out "with the approval of the minister and".

105 Section 594 is repealed and the following substituted:

Municipal utilities: gas, electricity and water

594 (1) Subject to section 598, a council may, by bylaw, provide for the establishment and use inside or outside the municipality of one or more of the following:

(a) a gasworks;

(b) a gas distribution system;

(c) plants to supply electrical energy;

(d) an electrical energy distribution system;

(e) a water distribution system.

(2) A work or system referred to in subsection (1) may be established or used for any purpose for the inhabitants of the municipality or for the inhabitants of the municipality and an adjacent locality.

(3) A bylaw under subsection (1) (a) to (d) may only be adopted with the assent of the electors.

(4) The council of a municipality that has established a water distribution system under subsection (1) (e) may, by bylaw, expropriate any works, including real property, required for the operation, maintenance and protection of the works supplying the water.

(5) If a municipality that has established a water distribution system under subsection (1) (e) is supplying water to an adjacent locality and wishes to charge a greater amount for water supplied to that locality, it must obtain the approval of the inspector for the proposed charge before charging the greater amount.

(6) If the municipality does not obtain the approval referred to in subsection (5), it is deemed to have charged the user the same rate as a user within the municipality and an overpayment may be recovered in a court of competent jurisdiction as a simple contract debt.

106 Section 595 is amended by striking out ", by bylaw with the assent of the electors and the approval of the minister," wherever it appears and substituting ", by bylaw adopted with the assent of the electors,".

107 Section 600 (3) is repealed.

108 Section 603 (1) is repealed and the following substituted:

(1) A council may, by bylaw, establish the conditions under which the municipality will extend a utility system.

109 Section 605 (1) and (2) is repealed and the following substituted:

(1) A council may, by bylaw adopted with the assent of the electors, dispose of a plant for the supply of water, water distribution system, gasworks, gas distribution system, plant for the supply of electrical energy, electrical energy distribution system, transportation system, telephone system, closed circuit television system or television rebroadcasting system, including any licences, rights and privileges inherent to it.

(2) A council may, by bylaw adopted with the approval of the inspector, dispose of a portion of any work or system referred to in subsection (1).

(2.1) Before approving a proposed bylaw under subsection (2), the inspector may require

(a) that the council obtain the assent of the electors in the municipality or in the area affected by the proposed disposition, as directed by the inspector, or

(b) that the electors in the municipality or in the area affected by the proposed disposition, as directed by the inspector, be given an opportunity to petition against the bylaw by counter petition process in accordance with section 212.1.

(2.2) The inspector may define the area of the municipality affected by the proposed disposition for the purposes of subsection (2.1).

110 Section 607 is amended

(a) in subsection (1) by striking out "by bylaw adopted with the assent of the electors and the approval of the minister," and substituting "by bylaw adopted with the assent of the electors,", and

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

(2) Despite subsection (1) (b), an agreement under that provision may, with the approval of the inspector, be renewed for one or more further terms, each of which must not be longer than 21 years.

(3) Before approving the renewal of an agreement under subsection (2), the inspector may require that the assent of the electors be obtained or that the electors be given an opportunity to petition against the proposed agreement by counter petition process in accordance with section 212.1.

(4) For the purposes of subsections (2) and (3), a subsequent agreement to supply gas to the inhabitants of the municipality made between the parties to an agreement under subsection (1) (b), or their successors, heirs or assigns, is deemed to be a renewal of the agreement.

111 Section 614 is repealed and the following substituted:

Exchange of dedicated land

614 (1) If a municipality is entitled to possession and control of land under section 613, the council may, by bylaw, dispose of a portion of that land in exchange for other land suitable for a park or public square.

(2) A bylaw under subsection (1) may provide that, instead of taking land in exchange, the proceeds of the disposal are to be placed to the credit of a reserve fund under and subject to section 496 for the purpose of acquiring park lands.

(3) Before adopting a bylaw under subsection (1), the council must provide the electors with an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1.

(4) All deeds executed under this section have effect as a Crown grant, free of any dedication to the public for the purpose of a park or a public square.

(5) 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 in the Crown with right of possession in the municipality.

112 Section 622 (1) is repealed and the following substituted:

(1) A council may, by bylaw adopted with the assent of the electors, provide that all or any works that may be undertaken as local improvements must be undertaken as local improvements and not otherwise.

113 Section 623 (2) is amended by striking out "adopted with the approval of the inspector".

114 Section 628 is amended by adding the following subsection:

(3) The power to adopt a bylaw under section 623 or 624 may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and bylaws under those sections may not be consolidated into a comprehensive general bylaw under section 280.3.

115 Section 629 (3) (d) is amended by striking out "section 634 (1) (c);" and substituting "section 634 (1) (b);" .

116 Section 634 (1) is repealed and the following substituted:

(1) A council must not undertake any class of work under this Division unless it has, by general bylaw applicable to all works of that class, done one of the following:

(a) established

(i) the annual charge, for each unit of taxable frontage, to be specially charged against parcels benefiting from or abutting that class of work and the number of years for which the annual charge is to be imposed, and

(ii) the percentage of the aggregate of the charges that will be accepted as the commuted value;

(b) established the proportion of the cost of the class of work to be specially charged against the parcels benefiting from or abutting the work as the owners' portion of the cost of the work.

117 Section 644 (3) is repealed.

118 Section 646 is amended by adding the following subsection:

(2.1) The power to adopt a bylaw under subsection (1) may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and a bylaw under that subsection may not be consolidated into a comprehensive general bylaw under section 280.3.

119 Section 647 (2) is repealed and the following substituted:

(2) A council may, by bylaw, provide for the application of all or part of the net current revenue derived from the operation of parking meters in the specified area to the provision of off-street parking facilities within the specified area, including the repayment of debt and interest on the provision of those facilities.

120 Section 648 is amended

(a) by repealing subsection (3), and

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

(7) Before adopting a bylaw under subsection (6), the council must give the electors in the whole of the municipality an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1.

121 Section 649 (2) and (3) is repealed and the following substituted:

(2) Section 646 (6) applies to a bylaw under subsection (1) of this section, with the modification that the requirement for assent, petition or council initiative referred to in that provision applies only in relation to the area to be included or excluded from the specified area and not to the rest of the specified area.

122 Section 650 is amended

(a) by repealing subsections (2) and (3) and substituting the following:

(2) A bylaw under subsection (1) may merge the specified areas while providing that repayment of any debt of one or more of the former specified areas that is outstanding at the time of merger is to continue to be borne by the applicable former specified area.

(3) If there is outstanding debt of a former specified area that is not kept separate under subsection (2), section 646 (6) applies to the bylaw under subsection (1) of this section, with the modification that the requirement for assent, petition or council initiative referred to in section 646 (6) applies separately to each specified area being merged.

(3.1) Section 646 (6) does not apply to the bylaw under subsection (1) of this section if

(a) there is no outstanding debt of any former specified area, or

(b) the outstanding debt of each former specified area is kept separate under subsection (2). , and

(b) by repealing subsection (6).

123 Section 677 (3) is repealed and the following substituted:

(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 the account for any of the following:

(a) licence plate or licence decal production expenses;

(b) the expenses of conducting the audit under subsection (4);

(c) other related expenses;

(d) payments to participating municipalities.

124 Section 683 is repealed.

125 Section 694 (1) (n) is repealed and the following substituted:

(n) require the maintenance of "residential premises" and "residential property", as defined in the Residential Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the building code for British Columbia established by the minister under section 692.

126 The following section is added:

Requirement for security

694.1 (1) A council or an official authorized by the council may, as a condition of issuing a permit or authorizing the moving of a building under section 694, require a person to provide security by, at the person's option, an irrevocable letter of credit or the deposit of securities in a form satisfactory to the local government, in an amount stated in the permit or authorization.

(2) Interest on security under subsection (1) becomes part of the security.

(3) Security under this section may only be used by the municipality to repair or replace

(a) a highway, including sidewalks and boulevards,

(b) a public work, or

(c) other municipal property

that has been altered or damaged by an activity related to the subject matter of the permit or authorization.

(4) Any amount of security under this section that is not required for a purpose referred to in subsection (3) must be returned to the person who provided the security.

127 Section 702 is repealed.

128 Section 707 is repealed and the following substituted:

Animal pounds

707 (1) A council may, by bylaw, do one or more of the following:

(a) provide for the seizure, impounding and detention of unlicensed dogs, and of dogs, horses, cattle, poultry, rabbits and other animals 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 and birds impounded if the fines, fees and other charges are not paid within a reasonable time.

(2) Pounds may be established under subsection (1) (b) outside the municipality but, before adopting the applicable bylaw, the council must obtain the consent of the other affected local government as follows:

(a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required;

(b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required.

(3) The powers under subsection (1) may be exercised jointly with an improvement district or with the Minister of Agriculture, Fisheries and Food, or both.

(4) If subsection (3) applies, the Livestock Protection Act operates only in so far as it does not conflict with this Act or a bylaw adopted under this Act.

129 Section 717 is repealed and the following substituted:

Power to acquire sundry property for specific purposes

717 (1) A council may, by bylaw, acquire, hold, use, manage and improve property inside or outside the municipality for any of the following public purposes:

(a) an airport, seaplane harbour or landing area for aircraft;

(b) a small boat harbour, shelter or marina;

(c) a manufactured home park;

(d) a slaughterhouse or abattoir;

(e) providing facilities required for the convenience of persons in relation to a facility referred to in paragraphs (a) to (d);

(f) providing facilities required for the service and maintenance of a facility referred to in paragraphs (a) to (e).

(2) A council may, by bylaw, acquire, hold, use, manage and improve property inside the municipality for any of the following public purposes:

(a) a market;

(b) a weigh house or weigh scales;

(c) off-street parking facilities.

(3) A council may do one or more of the following:

(a) construct buildings and structures and equip them for any purpose referred to in subsection (1) or (2);

(b) provide for the operation, maintenance, improvement and management of property acquired, held or used under this section;

(c) make agreements with other persons for the leasing, subletting or licensing of property acquired, held, used, managed or improved under this section;

(d) charge and collect fees for

(i) access to or use of property acquired, held, used, managed or improved under this section, and

(ii) the use of space in all or a portion of the property.

(4) Fees under subsection (3) (d) may be different in relation to one or more of the following:

(a) different uses of property;

(b) different access to property;

(c) different portions of property;

(d) different classes of persons.

130 Section 779 is repealed and the following substituted:

Regional district secretary and treasurer

779 (1) A board must appoint

(a) a regional district secretary, and

(b) a regional district treasurer.

(2) The regional district secretary is an officer of the regional district, having the same duties and powers as a municipal clerk under section 239.

(3) The regional district treasurer is an officer of the regional district, having the same duties and powers as a municipal treasurer under section 240.

Appointment of officers and employees generally

779.1 (1) Subject to this Act, a board may

(a) appoint or cause to be appointed persons to offices established by or under this Act as officer positions for the regional district,

(b) appoint or cause to be appointed other employees considered necessary for the good government of the regional district, and

(c) establish the powers, duties and responsibilities of officers and employees.

(2) In addition to the officer positions established by this Act, a board may, by bylaw, establish other officer positions for the regional district.

(3) The same person may be appointed to 2 or more offices or positions.

Terms and conditions of employment

779.2 (1) Subject to the Employment Standards Act, the Labour Relations Code and this Act, a board may establish the terms and conditions of employment for officers and employees by contract of employment, by collective agreement or by bylaw.

(2) Without limiting subsection (1), a board may establish the remuneration, benefits, hours of work and manner of appointment, promotion, discipline and dismissal as terms or conditions of employment.

(3) In the event of a conflict between terms and conditions of employment established by bylaw and those established by contract of employment or collective agreement, the contract or agreement prevails over the bylaw.

(4) Subject to a contract of employment or a collective agreement, a board may, by bylaw, designate an officer or an officer position as having authority to appoint, promote, discipline and dismiss employees, subject to the restrictions and conditions established by the bylaw.

(5) Sections 249 to 252 apply to officers and employees of a regional district.

Termination of officer

779.3 Subject to a collective agreement or a contract of employment and despite a bylaw, the engagement of an officer of a regional district may be terminated as follows:

(a) on reasonable notice, if the termination is approved by at least 2/3 of the votes cast;

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

131 Section 782 (4) is repealed and the following substituted:

(4) If jurisdiction for a service is transferred to the municipality by letters patent under subsection (2), the effective date of the transfer is the date of the letters patent unless an order under subsection (4.1) applies.

(4.1) The minister may, by order, specify a later date on which the transfer is effective and, despite section 803 if such an order is made the jurisdiction of the regional district governing the service continues in force during the time until that later date.

132 Section 791 (7) (b) is repealed and the following substituted:

(b) bylaws respecting borrowing under section 829, 830, 831, 831.1 or 833; .

133 Section 794 (5) is repealed and the following substituted:

(5) Sections 202 (1) and (2), 207, 211, 257 (1), (3) and (5), 259 to 259.2, 260 to 269 and 280.1 to 280.6 apply for the purposes of this Part.

134 Section 797 (1) is amended by adding the following paragraph:

(c.1) if the regional district board is authorized to appoint an approving officer under section 77.1 of the Land Title Act, services related to the approving officer; .

135 Section 798 (13) is amended by striking out "section 717 (1) to (3)" and substituting "section 717".

136 Section 806 is amended by adding the following subsection:

(2.1) The power to adopt an establishing bylaw for a service may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and establishing bylaws may not be consolidated into a comprehensive general bylaw under section 280.3.

137 Section 815 is amended by renumbering the section as section 815 (1) and by adding the following subsection:

(2) The costs of providing the general service referred to in section 797 (1) (c.1), other than costs recovered by fees and charges payable under Part 26, must be recovered from all electoral areas within the regional district on the basis of the net taxable value of land and improvements in the electoral areas.

138 Section 828 is amended

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

(e) the liability is authorized under section 830, 831 or 831.1. , and

(b) in subsection (4) by striking out "for capital purposes" after "authorize a debt".

139 Section 831 (1) is repealed and the following substituted:

(1) A board may, by a loan authorization bylaw, borrow money for capital purposes within its powers or for other purposes for which borrowing is authorized by this Act.

(1.1) The power to adopt a loan authorization bylaw may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw under section 280.3.

140 The following section is added:

Borrowing to cover judgments and awards in legal proceedings

831.1 (1) A board may, by loan authorization bylaw adopted without the assent of the electors but with the approval of the inspector, borrow money required for one or more of the following:

(a) to comply with an order or requirement to pay money into the Supreme Court as security

(i) for payment of a judgment or other debt,

(ii) for damages or costs, or

(iii) for the costs of an appeal from the decision of a court or an arbitrator;

(b) to satisfy a judgment or other order of a court against the regional district;

(c) to satisfy an award resulting from an arbitrator's determination of liability or quantum of damages against the regional district, including orders of the arbitrator relating to the determination.

(2) A debt under this section is not required to conform with the capital expenditure bylaw under section 834 (2).

141 Section 832 is repealed and the following substituted:

Information that must be stated in borrowing bylaw

832 A short term capital borrowing bylaw under section 830 or a loan authorization bylaw under section 831 or 831.1 must state the following:

(a) the service and, in reasonable detail, the purpose for which the debt is intended to be created;

(b) the amount of debt intended to be created;

(c) the amount of existing outstanding debenture debt of the regional district authorized

(i) under sections 830, 831 and 831.1, and

(ii) under section 835;

(d) the amount of debenture debt that is authorized but is not issued

(i) under sections 830, 831 and 831.1, and

(ii) under section 835;

(e) the amount, if any, of principal or interest that is then in arrears on debt created

(i) under sections 830, 831 and 831.1, and

(ii) under section 835.

142 Section 842 is repealed and the following substituted:

Variable tax rate system

842 (1) In this section:

"property class" means a property class under the Assessment Act;

"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 each property class to which the system applies.

(2) Despite section 825 but subject to the regulations under this section, a board may, by bylaw, establish an annual variable tax rate system for a specified taxation year.

(3) A variable tax rate system

(a) may only apply to tax rates for one or more of the local services of the regional district,

(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 local service subject to a variable tax rate system, the bylaw must set out the ratio between the tax rate for each property class subject to the system and the tax rate for property 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 to apply.

(6) Subject to subsection (8), the Lieutenant Governor in Council may make regulations respecting variable tax rate systems, including regulations doing one or more of the following:

(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 of subsection (3) (c) that would exceed the applicable ratio established under section 20 (2) of the Taxation (Rural Area) Act.

143 Section 847 is repealed and the following substituted:

Legal proceedings

847 (1) Sections 236, 281 to 292, 293 (2) and (3), 294, 297 and 298 apply to a regional district and its board.

(2) The amount required by a board

(a) for a payment authorized under section 236,

(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 district

must be apportioned among the participating areas on the same basis as the service out of which the action arose.

(3) As an exception to subsection (2), if the action arose from the negligence of a board, the amount is to be apportioned in the same manner as that set out in section 820 (3).

144 Section 885 (3) is repealed and the following substituted:

(3) Section 212 applies to a petition under this section.

145 Section 906 (5) is repealed.

146 Section 927 (2) is amended by striking out "a note of the filing under subsection (1)" and substituting "a note of the filing under subsection (1) or (3)".

147 Section 933 (8) is repealed and the following substituted:

(8) Despite a bylaw under subsection (1),

(a) if an owner has, with the approval of the local government, provided or paid the cost of providing a specific work or service, outside the boundaries of land being subdivided or developed, that is included in the calculations used to determine the amount of a development cost charge, the cost of the work or service must be deducted from the class of development cost charge that is applicable to the work or service, and

(b) if a work required to be provided under an agreement under section 937.1 (2) is included in the calculations used to determine the amount of a development cost charge, the following amounts are to be deducted from the development cost charge 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 calculated as

(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 interest portion under section 937.1 (6) (c);

(ii) for a development cost charge payable by a person other than the developer referred to in subparagraph (i), the amount calculated as

(A) the amount charged under section 937.1 (2) (b) to the owner of the property

less

(B) any interest portion of that charge under section 937.1 (6) (c).

148 The following section is added:

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 the development of real property of a debtor in the area subject to the agreement, or

(ii) do any other thing necessary for the development of real property of a debtor in the area subject to the agreement, and

(e) provide for borrowing the amount required for the municipality to provide a work under 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 the municipality from owners within the area subject to the agreement, and

(c) may require the developer to provide security acceptable to the council to ensure compliance with the agreement.

(4) A bylaw under subsection (2) must not be adopted unless at least one of the following requirements 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 629 to 632 apply for the purposes of subsection (4) (b) and (c), except that information required in the notice of intention or on each page of the 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 the debt.

(10) A bylaw that provides for borrowing under subsection (2) (e) is deemed to be a loan authorization bylaw under Part 12, except that assent of the electors as referred to in section 458 is not required.

149 Section 938 is amended

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

(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. , and

(b) by adding the following subsection:

(3.1) Before it is adopted, a bylaw under subsection (1) (a) or (b) that establishes standards or requirements in relation to highways in an area outside a municipality

(a) must be approved by the Minister of Transportation and Highways, if the regional district provides the general service referred to in section 797 (1) (c.1), and

(b) may be approved by the Minister of Transportation and Highways for the purposes of section 13.1 (4) of the Highway Act.

150 Section 940 is amended by adding the following subsection:

(3) As an exception, security may not be provided under subsection (2) to a regional district in relation to the construction of a highway unless a designated highways official, as defined in the Land Title Act, approves the provision of security for that purpose.

151 Section 942 (6) (b) is repealed and the following substituted:

(b) the amount of land that may be required under section 941 (1) (a) or used for establishing the amount that may be paid under section 941 (1) (b).

152 Section 983 (2) is repealed.


Municipal Finance Authority Act

153 Section 3 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is repealed and the following substituted:

Objects of the authority

3 The objects of the authority are the following:

(a) providing financing of

(i) capital requirements, and

(ii) borrowing under section 458.1 or 831.1 of the Municipal Act

for regional districts and for their member municipalities by the issue of its securities and the lending of the proceeds from those securities to the regional district on whose request the financing is undertaken;

(b) providing interim financing and lease financing for institutions for the purposes referred to in sections 11 and 11.1;

(c) providing short term investment opportunities for institutions by the establishment and operation of pooled investment funds under section 16.

154 The following section is added:

Financing in relation to local government leases

11.1 (1) The authority may enter into agreements to provide financing as follows:

(a) to a person who is a party to a contract, lease or other agreement with a municipality under section 451 or 452 (1) to (4) of the Municipal Act;

(b) to a person who is a party to a contract, lease or other agreement with a regional district under section 828 (1) (a) to (d) of the Municipal Act;

(c) to a person who is a party to a contract, lease or other agreement with an institution prescribed under subsection (5) if that agreement is within a class prescribed for that institution under that subsection.

(2) For the purposes of subsection (1), the trustees may borrow sums of money and issue securities of the authority.

(3) Section 10 applies, but sections 9, 14, 15 and 26 do not apply, to financing agreements made and securities issued under this section.

(4) Securities issued for the purposes of this section must be payable on or before 10 years from the date of their issuance.

(5) For the purposes of allowing financing to be provided under subsection (1) (c), the Lieutenant Governor in Council may, by regulation, prescribe

(a) eligible institutions, and

(b) classes of eligible agreements in relation to a prescribed institution.

155 Section 16 is amended

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

(1) The authority may enter into agreements with public institutions and institutions prescribed under subsection (7) under which, on the terms and conditions established in the agreements, the authority, in its own name or otherwise, holds and invests money received from the institution for the purpose of investment in pooled investment funds as permitted for the institution. , and

(b) by adding the following subsection:

(7) The Lieutenant Governor in Council may, by regulation, prescribe institutions as institutions for which investments services may be provided under this section.


Municipalities Enabling and Validating Act

156 The Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, is amended by adding the following section:

Retroactive effect

255.1 (1) Sections 251 to 255, brought into force on September 20, 1996 by B.C. Reg. 259/96, are deemed to have come into force on December 2, 1985 and are retroactive to the extent necessary to give them effect on and after that date.

(2) All things done that would have been validly done had sections 251 to 255 in fact been in force on and after December 2, 1985 are conclusively deemed to have been validly done.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.


Municipalities Enabling and Validating Act (No. 2)

157 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended by adding the following section:

Validation of airport transfer leases and airport fees

38 If, before this section comes into force, a local government has entered into an agreement with the government of Canada relating to the transfer of an airport or authority relating to an airport to the local government, sections 319 (3) and 717 of the Municipal Act, as enacted by the Local Government Statutes Amendment Act (No.2), 1997, apply to that local government and its jurisdiction retroactively to the date on which the agreement was entered into.


Real Estate Act

158 Section 60 (1) of the Real Estate Act, R.S.B.C. 1996, c. 397, is amended by repealing the definition of "approving officer" and substituting the following:

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


Resort Municipality of Whistler Act

159 Schedule B of the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407, is amended in section 4 by striking out "Plans 5608, 6495, 10785 and 17369" and substituting "Plans 5608, 6495 and 10785".


Vancouver Charter

160 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended

(a) in the definition of "assessor" by striking out "Assessment Authority of British Columbia Act" and substituting "Assessment Authority Act" ,

(b) by repealing the definition of "land titles office" and substituting the following:

"land title office" means the office of the Vancouver Land Title District, and "registered", when used in respect of real property, means registered in that office; , and

(c) in the definition of "protected heritage property" by striking out "section 6 (2) of the Heritage Conservation Act" and substituting "section 13 (2) of the Heritage Conservation Act".

161 Section 2.1 is amended

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

(1) Sections 23, 218, 580 to 582, 612 and 670 to 678, Division 2 of Part 22, sections 726 (3) and 744, Parts 24 and 25 and section 931 (6) of the Municipal Act apply to the city. , and

(b) in subsection (3) by adding ", R.S.B.C. 1960, c. 261," after "Municipalities Enabling and Validating Act" and by adding ", S.B.C. 1990, c. 61," after "Municipalities Enabling and Validating Act (No. 2)".

162 Section 22 (2) (c) (ii) is amended by striking out "Division (17) of Part 2 of the Municipal Act" and substituting "Division 17 of Part 3 of the Municipal Act".

163 Section 38 (2) (c) (ii) is amended by striking out "Division (17) of Part 2 of the Municipal Act" and substituting "Division 17 of Part 3 of the Municipal Act".

164 Section 152 (6) is amended by striking out "Section 89 of the Trustee Act." and substituting "Section 87 of the Trustee Act."

165 Section 177 is amended by striking out "Public Inquiries Act" and substituting "Inquiry Act".

166 Section 180 (6) is amended by striking out "in relation to the action that give rise" and substituting "in relation to the action that gives rise".

167 Section 194 is amended

(a) by striking out "the provisions of the Daylight Saving Act" and substituting "section 26 of the Interpretation Act" , and

(b) by striking out "as defined by the Interpretation Act" and substituting "as defined in section 25 (7) of the Interpretation Act".

168 Section 206 (2) (b) is amended by striking out "section 215 of the Land Title Act" and substituting "section 219 of the Land Title Act".

169 Section 239 is repealed and the following substituted:

Issue of securities to cover debt

239 (1) In respect of a debt contracted under section 236, the by-law may provide for the issue of debentures or other evidence of debt, the interest on which is payable annually or semi-annually and the principal of which is payable as provided in the by-law.

(2) A by-law under subsection (1) must provide that a sum is to be levied and raised by way of real-property taxes or special levy, charge, rate or tax, in each year sufficient for whichever of the following is applicable:

(a) to make the annual payments for interest and principal;

(b) if it is anticipated that the revenue from the undertaking for which the debt is created will be insufficient to meet the annual payments, to make up that deficiency.

(3) As an exception, if all or part of the money required to be levied and raised in any year under this section has been provided in advance in accordance with either or both of sections 247A and 262, then the money so provided need not be levied and raised in that year.

170 Section 279 is amended by striking out "Government Liquor Act" and substituting "Liquor Control and Licensing Act".

171 Section 279A is amended

(a) in subsection (1.1) by striking out "and Schedule A of, the Holiday Shopping Regulation Act." and substituting "and the Schedule of, the Holiday Shopping Regulation Act." , and

(b) by repealing subsection (5).

172 Section 279B (5) is amended by striking out "section 932.1 (3) of the Municipal Act" and substituting "section 726 (3) of the Municipal Act".

173 Section 279C (1) (d) is amended by striking out "section 932.1 (3) of the Municipal Act" and substituting "section 726 (3) of the Municipal Act".

174 Section 289 is amended

(a) in subsection (1) by striking out "section 5 of the Highway Act" and substituting "section 3 of the Highway Act",

(b) in subsection (2) by striking out "Land Titles Act" and substituting "Land Title Act", and

(c) in subsection (3) by striking out "Vancouver Land Titles District" and substituting "Vancouver Land Title District".

175 Section 291A is amended

(a) in subsections (1) and (7) by striking out "Land Titles Act" and substituting "Land Title Act", and

(b) in subsections (7) and (8) by striking out "land titles office" wherever it appears and substituting "land title office".

176 Section 291B is amended

(a) by striking out "Vancouver Land Titles District" and substituting "Vancouver Land Title District", and

(b) by striking out "section 288 of the Land Titles Act" and substituting "section 308 of the Land Title Act".

177 Section 292 (4) is amended by striking out "Land Titles Act" and substituting "Land Title Act".

178 Section 302 is amended

(a) by repealing paragraphs (c) and (d) and substituting the following:

Basic sewer and drainage levy

(c) by by-law, for requiring the owner or occupier of any parcel of real property that is capable of being served by a sewer or drain to pay a levy to the city for the opportunity to use the sewer or drain, whether or not the parcel is connected with the sewer or drain, which levy may vary in relation to different classes of property as established by the Council, including but not limited to classes based on the area of the property or on the area of the property covered by impermeable material;

Sewer and drainage use charges

(d) by by-law, for requiring the owner or occupier of any parcel of real property to pay a charge to the city on the use of a sewage or drainage system, which charge may vary in relation to one or more of the following as established by the Council:

(i) different classes of property, including but not limited to classes based on the area of the property or on the area of the property covered by impermeable material;

(ii) different classes of users;

(iii) the number, size and type of connections;

(iv) the quantity of water delivered to the property;

(v) the area of the parcel that is covered by impermeable material;

(vi) the volume of drainage flowing from the property, as measured or estimated by the City Engineer;

(vii) different classes of effluents;

(viii) the volume and quality of each class of effluent discharged by the user, as measured or estimated by the City Engineer;

(ix) for charges in relation to sewerage facilities of the Greater Vancouver Sewerage and Drainage District, any of the factors under section 7C (2) (b) and (c) of the Greater Vancouver Sewerage and Drainage District Act; , and

(b) by adding the following paragraph:

Levy and charges to be paid

(i.1) by by-law, for compelling the payment of the levies and charges under paragraphs (c) to (i), including providing that such a levy or charge be inserted in the real-property tax roll with respect to the parcels to which it relates; .

179 Section 303 and the heading before it are repealed and the following substituted:

Solid Waste

Powers of Council

303 The Council may provide for the following:

Solid waste disposal system

(a) establishing and maintaining a system for the collection, removal, transfer, disposal and recycling of solid waste, being discarded matter including materials that are recyclable;

(b) acquiring, managing and maintaining real property, inside or outside the city, and for erecting, equipping, managing and maintaining the transfer facilities, recycling facilities, disposal facilities, buildings, incinerators, machinery and all other equipment, facilities and plant as may be necessary for or ancillary to any of the purposes of the solid waste system;

Requiring persons to use system

(c) by by-law, compelling persons to make use of the solid waste system;

Terms and conditions of use

(d) by by-law, establishing the terms and conditions on which persons may make use of the solid waste system, which terms and conditions may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of solid waste services;

(e) by by-law, requiring all persons to conform with the applicable terms and conditions established under paragraph (d);

Basic solid waste levy

(f) by by-law, requiring any owner or occupier of any parcel of real property that is capable of being served by the solid waste system to pay a levy to the city for the opportunity to use the system, whether or not they in fact use the system, which levy may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of solid waste services;

User charges

(g) by by-law, setting charges for use of the solid waste system, which charges may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of users;

(iii) different classes of property;

(iv) different quantities of waste;

(v) different classes of solid waste services;

Compelling payment of levy and charges

(h) by by-law, compelling the payment of levies and charges under paragraphs (f) and (g), including providing that such a levy or charge be inserted in the real-property tax roll with respect to the parcels to which it relates;

Exemptions

(i) by by-law, establishing exemptions from terms and conditions under paragraph (d) on the basis that

(i) the person or property does not require the service,

(ii) the person has a physical disability, or

(iii) there are restrictions or limitations related to the configuration of the real property or access to the real property;

Delegation to City Engineer

(j) by by-law, delegating to the City Engineer authority to do one or more of the following:

(i) prohibit materials from the solid waste system that the City Engineer considers are hazardous or unsuitable to be handled by the system;

(ii) define which materials are to be considered recyclable for the purposes of the solid waste system;

(iii) determine the acceptability of solid waste containers and their locations;

(iv) determine applications for exemptions authorized by by-law;

(v) vary the level of service provided by the solid waste system among classes as defined by by-law;

Contracting for solid waste disposal services

(k) entering into contracts with persons for all or part of the collection, removal, disposal, recycling and transferring services of the solid waste system on terms and conditions prescribed by the Council;

Regulation of solid waste services

(l) by by-law, regulating persons engaged in the business of removing, collecting, transferring, recycling and disposing of solid waste;

Regulation of direct disposal

(m) by by-law, regulating the means of disposal used by persons who dispose of their own solid waste.

180 Section 310 (e) is repealed and the following substituted:

Entering into agreements with other local governments

(e) make agreements with municipalities, regional districts, the Provincial government or the Federal government for the provision of the city's fire fighting services, or use of the city's fire fighting equipment or communication or dispatch systems, inside or outside the city; .

181 Section 316 is amended by striking out "Public Utilities Act." and substituting "Utilities Commission Act."

182 Section 317 (1) is amended

(a) in paragraph (m) by striking out "subject to the Public Utilities Act," ,

(b) in paragraph (o) (ii) by striking out "the Motor-vehicle Act, the Public Utilities Act," and substituting "Motor Vehicle Act", and

(c) in paragraph (s) by striking out "Motor-vehicle Act" and substituting "Motor Vehicle Act".

183 Section 321 is amended by striking out "land titles office" and substituting "land title office".

184 Section 324A (1) is amended by striking out "land titles office" and substituting "land title office".

185 Section 327 is repealed.

186 Section 330 (c) is amended by striking out "Government Liquor Act" and substituting "Liquor Control and Licensing Act".

187 Section 374.1 is amended by striking out "section 26 (8) of the Assessment Act." and substituting "section 19 (14) of the Assessment Act."

188 Section 374.4 is amended

(a) in subsection (4) (b) (iii) by striking out "section 26 (8) of the Assessment Act" and substituting "section 19 (14) of the Assessment Act" and by striking out "section 26 (4), 28 or 29 of that Act," and substituting "section 19 (8), 23 or 24 of that Act,", and

(b) in subsection (5) (a) by repealing subparagraphs (i) to (v) and substituting the following:

(i) section 824 of the Municipal Act,

(ii) sections 119 and 137 of the School Act.

(iii) section 17 of the Assessment Authority Act,

(iv) sections 15 and 17 of the Municipal Finance Authority Act,

(v) sections 14 and 17 of the British Columbia Transit Act, and .

189 Section 395A is amended

(a) in subsection (9) by striking out "Land Titles Act," and substituting "Land Title Act,", and

(b) in subsection (11) by striking out "land titles office" and substituting "land title office".

190 Section 396 is amended

(a) in subsection (1) (d) by striking out "Civil Defence Act," and substituting "Emergency Program Act,", and

(b) by adding the following subsections:

(5) As limits on the exemptions under subsection (1),

(a) subject to subsection (6), an exemption under subsection (1) does not apply in relation to

(i) water use rates under section 300 (a),

(ii) sewer and drainage charges under section 302 (d), and

(iii) solid waste charges under section 303 (g), and

(b) exemptions

(i) under subsection (1) (b),

(ii) for a library under subsection (1) (c) (i),

(iii) for a cemetery under subsection (1) (c) (i),

(iv) for senior citizens' housing under subsection (1) (c) (i) or (g),

(v) under subsection (1) (c) (ii), or

(vi) under subsection (1) (c) (iv)

apply only in relation to taxation under section 373.

(6) The limit under subsection (5) (a) does not apply in relation to the interest of the Crown in Crown lands exempted under subsection (1) (a) or to property exempted under subsection (1) (e) or (e.01).

191 Section 396A (1) (c) is amended by striking out "section 215 of the Land Title Act" and substituting "section 219 of the Land Title Act" .

192 Section 409 is repealed and the following substituted:

Special charges that are to be collected as real-property taxes

409 (1) A charge or levy imposed under section 300, 302 or 303, or any other charge or levy lawfully inserted in the real-property tax roll,

(a) is a charge or lien on the real property on or in respect of which the charge or levy is imposed,

(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.

(2) The amount of a charge or levy referred to in subsection (1) is to be collected in the same manner and with the same remedies as ordinary real-property taxes under this Act.

(3) A charge referred to in subsection (1) that is due and payable by December 31 and unpaid on that date is deemed to be delinquent taxes and must promptly be entered as such on the real-property tax roll by the Collector of Taxes.

Appeal against special charge

409.1 (1) An owner of real property aggrieved by the creation of a charge or lien under section 409 may appeal to the Collector of Taxes, who may correct errors made in applying the charge or levy referred to in section 409 (1) to the property.

(2) An owner who has appealed under subsection (1) but who remains aggrieved may complain to the Council, sitting as a Court of Revision, which may correct errors made in applying the charge to the property.

(3) An owner who has complained under subsection (2) but who remains aggrieved may, on 10 days' written notice to the city, apply to the Supreme Court for an order that the charge be removed or that the amount for which the charge was imposed be varied.

(4) On an application under subsection (3), if the court is satisfied that any of the charges or levies for which the charge or lien was created were made improperly, it may order that the charge or lien be removed or that the amount be varied, or make another order it considers proper.

193 Section 421B is amended

(a) in subsection (2) by striking out "section 129 (1) of the School Act." and substituting "section 113 (1) of the School Act." , and

(b) in subsection (2.1) by striking out "section 135 of the School Act." and substituting "section 119 of the School Act."

194 Section 431 (b) is amended by striking out "land titles office" and substituting "land title office".

195 Section 434 is amended by striking out "Land Titles Act." and substituting "Land Title Act."

196 Section 435 is amended by striking out "land titles office" and substituting "land title office".

197 Section 440 is amended by striking out "Registrar of Titles" wherever it appears and substituting "Registrar of Land Titles".

198 Section 441 is amended by striking out "Registrar of Titles," and substituting "Registrar of Land Titles,".

199 Section 446 is amended

(a) by striking out "Registrar of Titles," and substituting "Registrar of Land Titles,", and

(b) by striking out "Land Titles Act," and substituting "Land Title Act,".

200 Section 451 (1) is amended by striking out "Registrar of Titles" and substituting "Registrar of Land Titles".

201 Section 481 is amended by striking out "Administration of Justice Act" and substituting "Justice Administration Act".

202 Section 482 is amended

(a) in paragraph (a) by striking out "section 125 of the Motor-vehicle Act" and substituting "section 124 of the Motor Vehicle Act", and

(b) by striking out "section 11A (2) to (9) to the Summary Convictions Act," and substituting "section 14 of the Offence Act, R.S.B.C. 1979, c. 305, before its repeal and replacement by the Offence Amendment Act, 1982,".

203 Section 482.1 is amended

(a) in subsection (8.1) by striking out "section 51 of the Offence Act" and substituting "section 58 of the Offence Act", and

(b) in subsection (17) by striking out "section 92 of the Offence Act" and substituting "section 102 of the Offence Act".

204 Section 482.2 (6) is amended by striking out "section 92 of the Offence Act" and substituting "section 102 of the Offence Act".

205 Section 507 (1) is amended by striking out "for the purposes of this subsection mean" and substituting "for the purposes of this subsection, means".

206 Section 523D (20) is repealed.

207 Section 561 is amended

(a) in subsection (4) (b) by striking out "section 942.12 (2) (a) to (c) of the Municipal Act" and substituting "section 850 (2) (a) to (c) of the Municipal Act" , and

(b) in subsection (5) by striking out "section 942.11 of the Municipal Act" and substituting "section 849 of the Municipal Act".

208 Section 571B is amended

(a) by striking out

Notwithstanding anything in this Act,

(a) the Council or its delegate shall not approve an application for

and substituting "Despite anything in this Act, the Council or its delegate shall not approve an application for",

(b) by renumbering subparagraphs (i) to (v) as paragraphs (a) to (e), and

(c) by renumbering paragraphs (b) to (e) as paragraphs (f) to (i).

209 Section 573 (1) (f) is amended by striking out "Division (4.1) of Part 28 of the Municipal Act" and substituting "Division 2 of Part 22 of the Municipal Act" .

210 Section 574 (3) is repealed.

211 Section 580 (5) is amended by striking out "section 22 or 23 of the Ombudsman Act" and substituting "section 23 or 24 of the Ombudsman Act".

212 Section 588 (1) is amended by striking out "may withhold" and substituting "to withhold".

213 Section 595 (9) is amended by striking out "section 4 of the Heritage Conservation Act." and substituting "section 9 of the Heritage Conservation Act."

214 Section 595A (5) is amended by striking out "section 215 of the Land Title Act" and substituting "section 219 of the Land Title Act".

215 Section 597 (1) (c) is amended by striking out "section 215 of the Land Title Act." and substituting "section 219 of the Land Title Act."

216 Section 601 (8) is amended by striking out "section 315 of the Land Title Act" and substituting "section 386 of the Land Title Act".

217 Section 605 (1) (d) is amended by striking out "section 215 of the Land Title Act" and substituting "section 219 of the Land Title Act".


Waste Management Act

218 Section 28.6 of the Waste Management Act, R.S.B.C. 1996, c. 482, is repealed and the following substituted:

Immunity

28.6 (1) In this section, "protected person" means

(a) the government,

(b) the minister,

(c) a municipality,

(d) a current or former approving officer,

(e) a current or former employee or agent of the government,

(f) a current or former elected official of the government,

(g) a current or former "municipal public officer" as defined in section 287 (1) of the Municipal Act, and

(h) a current or former "civic public officer" as defined in section 294 (4) of the Vancouver Charter.

(2) Subject to subsection (3), no action lies and no proceedings may be brought against a protected person because of

(a) any

(i) act, advice, including pre-application advice, or recommendation, or

(ii) failure to act, failure to provide advice, including pre-application advice, or failure to make recommendations

in relation to this Part, regulations under this Part, section 85.1 of the Land Title Act, section 946.1 or 946.2 of the Municipal Act, section 571B of the Vancouver Charter or section 34.1 of the Islands Trust Act, or

(b) any

(i) purported exercise or performance of powers, duties or functions, or

(ii) failure to exercise or perform any powers, duties or functions

arising under this Part, regulations under this Part, section 85.1 of the Land Title Act, section 946.1 or 946.2 of the Municipal Act, section 571B of the Vancouver Charter or section 34.1 of the Islands Trust Act.

(3) Subsection (2) does not provide a defence if, in relation to the subject matter of the action or proceedings,

(a) the protected person is a responsible person, or

(b) the conduct of the protected person was dishonest, malicious or wilful misconduct.

(4) Without limiting subsection (2), if a municipality, or its approving officer, employees, officers or elected officials, relies honestly and without malice or wilful misconduct on the contents of

(a) a preliminary determination or final determination,

(c) an approval in principle, or

(b) a certificate of compliance or conditional certificate of compliance,

those protected persons are not liable for damages arising from reliance on the determination, approval or certificate.

(5) Without limiting subsection (2), if a municipality enters into an agreement under section 28.3 enabling the municipality to issue an approval in principle or a certificate of compliance, the municipality, its approving officer, employees, officers and elected officials are not liable for damages if they rely on an approval in principle or a certificate of compliance where the contents of the approval in principle or the certificate of compliance have been prepared honestly and without malice or wilful misconduct.


Repeals

Repeal of obsolete Acts

219 The following Acts are repealed:

(a) Municipal Improvements Assistance Enabling Act, R.S.B.C. 1960, c. 257;

(b) Municipalities Assistance Act, R.S.B.C. 1960, c. 260;

(c) Provincial-Municipal Partnership Act, S.B.C. 1985, c. 19;

(d) Provincial-Municipal Partnership (Taxation Measures) Act, S.B.C. 1985, c. 54.


Transition and Commencement

Transitional -- changes in requirement for approval by minister or inspector

220 Amendments to any Act, as enacted by this Act, that

(a) change a requirement for approval by a minister into a requirement for approval by the Inspector of Municipalities,

(b) change a requirement for approval by a minister or the Inspector of Municipalities into a requirement for a counter petition process, or

(c) change a requirement for approval by the Lieutenant Governor in Council into a requirement for approval by the Inspector of Municipalities

do not apply to a bylaw that is given First Reading before the date on which this section comes into force, so long as the local government obtains the approval required by the applicable section as it read before amendment by this Act and the bylaw is adopted within one year of the date on which that applicable section comes into force.

Transitional -- requirement for consent of other local government

221 In the case of a bylaw to which section 550 (2), 574 (5), 577 (5) or 707 (2) of the Municipal Act, as enacted by this Act, would otherwise apply, if the bylaw is given First Reading before the date on which the applicable section comes into force,

(a) the requirement to obtain consent of the other local government does not apply, and

(b) the local government adopting the bylaw must instead obtain the approval of the minister,

so long as the bylaw is adopted within one year of the date on which that applicable section comes into force.

Transitional -- notice of counter petition

222 The requirements of section 212.1 of the Municipal Act, as enacted by this Act, do not apply to a counter petition if notice of the petition was first published as required by the Municipal Act before section 212.1 came into force, so long as the local government complies with the requirements under that Act as they applied before section 212.1 came into force.

Transitional -- bylaws establishing highways standards

223 A bylaw referred to in section 938 (3.1) of the Municipal Act that was adopted before that subsection came into force may be submitted to the Minister of Transportation and Highways for approval and, if approved, is deemed to be approved under that subsection for the purposes of section 13.1 (4) of the Highway Act.

Commencement

224 (1) Sections 22, 27 to 29, 31 to 42, 47 (a), 67, 134, 137, 149, 150, 158 and 223 come into force by regulation of the Lieutenant Governor in Council.

(2) Section 79 comes into force on the date section 343.1 of the Municipal Act, as enacted by the Local Government Statutes Amendment Act, 1997, comes into force.

(3) Section 151 is deemed to have come into force on April 21, 1997 and is retroactive to the extent necessary to give it effect on and after that date.

(4) Section 218 is deemed to have come into force on April 1, 1997 and is retroactive to the extent necessary to give it effect on and after that date.


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