1 Table of Concordance Local Government Act Table 1 – Current to Proposed Revision [This Table of Concordance was compiled during the revision drafting process and the resulting data were used to prepare the Table as an unofficial guide for users of B.C. Statutes. While every effort was made to achieve accuracy, only the statutes are authoritative. Legal opinion should be sought if interpretation is required.] PART 1 – PURPOSES, PRINCIPLES AND I NTERPRETATION Current section Current subsection Proposed section Proposed subsection 1 Purposes of this Act 1 2 Purposes of regional districts 185 3 Principles for governmental relations 186 4 Broad interpretation 187 5[pt] Definitions 2 5[pt] 545 5[pt] 1 (Sched) 5.1 Application of Community Charter definitions 2 (Sched) 6 [Repealed] 6.1 References to regional district officers 189 6.2 Special rule for Mountain Time Zone 3 (Sched) 6.3 [Repealed] 6.4 How notices must be published in a newspaper 4 (Sched) 6.5 Giving notice to regional districts 246 6.51 Notice by regional district: obligation satisfied if reasonable effort made 247 6.6 Power to make regulations 783 6.7 [Repealed] 6.8 Designation of resort regions 583 6.9 Application of Escheat Act 5 (Sched) PART 1.1 Current section Current subsection Proposed section Proposed subsection 5 to 6.7 [Repealed]
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1
Table of Concordance
Local Government Act
Table 1 – Current to Proposed Revision
[This Table of Concordance was compiled during the revision drafting process and the resulting data were used to prepare the Table as an unofficial guide for users of B.C.
Statutes. While every effort was made to achieve accuracy, only the statutes are authoritative. Legal opinion should be sought if interpretation is required.]
PART 1 – PURPOSES, PRINCIPLES AND INTERPRETATION
Current section
Current subsection
Proposed section
Proposed subsection
1 Purposes of this Act 1
2 Purposes of regional districts 185
3 Principles for governmental relations 186
4 Broad interpretation 187
5[pt] Definitions 2
5[pt] 545
5[pt] 1 (Sched)
5.1 Application of Community Charter definitions 2 (Sched)
6 [Repealed]
6.1 References to regional district officers 189
6.2 Special rule for Mountain Time Zone 3 (Sched)
6.3 [Repealed]
6.4 How notices must be published in a newspaper 4 (Sched)
6.5 Giving notice to regional districts 246
6.51 Notice by regional district: obligation satisfied if reasonable effort made
247
6.6 Power to make regulations 783
6.7 [Repealed]
6.8 Designation of resort regions 583
6.9 Application of Escheat Act 5 (Sched)
PART 1.1
Current section
Current subsection
Proposed section
Proposed subsection
5 to 6.7 [Repealed]
2
PART 2 – INCORPORATION OF MUNICIPALITIES
Current section
Current subsection
Proposed section
Proposed subsection
7 Incorporation of a new municipality 3
8 Vote required for the incorporation of a new municipality
4
9 Procedure and costs for vote on incorporation 5
10 (1), (5) to (7)
Incorporation of municipality in conjunction with resource development
7
(2), (3) 24
11 (1) to (3.02), (5)
Incorporation of a mountain resort municipality 8
(3.1) to (3.3) 25 (2) to (4)
11.1 Incorporation of island municipality in Islands Trust area
6
12 (1), (2) Incorporation of reserve residents as village 9
(3), (4) 26
12.1 What must be included in letters patent 17
12.2 First election for municipality 18
12.3 First council and neighbourhood constituencies 19
12.4 First regular council meeting 20
12.5 Transfer of assets and obligations and continuation of bylaws
22
13 (2) Letters patent incorporating a municipality – other matters
21
(3) 25 (1)
(3.1) 23
(5) 27
13.1 Interim corporate officer 35
13.2 Appointment of additional councillors if boundary extended
28
14 Tax rate limits 29
14.1 Municipal revenue sharing 30
14.2 Establishment of local area service 31
14.3 Advisory body 32
14.4 Additional powers 33
15 Publication of letters patent 780
16 [Repealed]
17 Classification of municipalities 10
18 Change of municipal classification 11
19 [Repealed]
20 Extension of municipal area 12
3
Current section
Current subsection
Proposed section
Proposed subsection
21 Redefinition of boundaries 16
22 Collection of taxes 36
23 Transfer of Provincial tax money if rural land included in municipality
37
24 Bylaws extend to additional area 34
25 [Repealed]
26 Reduction of municipal area 13
26.1 Municipal letters patent and treaty lands 14
27 Redefinition of adjoining municipalities 15
28 [Repealed]
29 Dissolution of a municipality 38
30 [Repealed]
31 Rights and liabilities not affected by revocation and reissue of letters patent
39
32 Existing licences preserved 40
PART 3 – ELECTORS AND ELECTIONS
Current section
Current subsection
Proposed section
Proposed subsection
33 Definitions 47
34 Time not extended for voting days 48
35 This Act prevails in relation to use of information 49
36 General local elections every 4 years 52
36.1 Municipal elections at large unless on a neighbourhood constituency basis
53
37 By-elections 54
38 Minister’s order for election to be conducted 55
39 Election bylaws 56
40 Costs of elections 57
41 Appointment of election officials 58
42 Chief election officer duties and powers 59
43 Presiding election official duties and powers 60
44 Public notices 50
45 Solemn declarations 51
46 Keeping order at election proceedings 61
47 Adjournment of election proceedings 62
48 Exceptional assistance in election proceedings 63
49 Who may vote at an election 64
50 Resident electors 65
4
Current section
Current subsection
Proposed section
Proposed subsection
51 Non-resident property electors 66
52 Rules for determining residence 67
53 When a person may register as an elector 68
54 Voting day registration only 69
55 Application for registration 70
56 How to register in advance 71
57 How to register as a resident elector at the time of voting
72
57.1 How to register as a non-resident property elector at the time of voting
73
58 [Repealed]
59 Automatic registration by inclusion on Provincial list of voters
76
60 Effect of registration 74
61 Register of electors 75
62 List of registered electors 77
63 Protection of privacy 78
64 Objection to registration of an elector 79
65 Resolving objections 80
66 Who may hold office on a local government 81
67 Disqualification of local government employees 82
68 Only one elected office at a time in the same local government
83
69 Nomination period 84
70 Notice of nomination 85
71 Nomination of candidates 86
72 Nomination documents 87
72.1 Nomination deposits 88
73 Nomination by delivery of nomination documents 89
73.1 Other information to be provided by candidate 90
73.2 Challenge of nomination 91
73.3 Candidate endorsement by elector organization may be included on ballot
92
73.4 Endorsement documents 93
73.5 Other information to be provided by elector organization
94
73.6 Withdrawal of endorsement on ballot 95
73.7 Challenge of elector organization endorsement 96
74 Declaration of candidates 97
75 [Repealed]
5
Current section
Current subsection
Proposed section
Proposed subsection
76 Declaration of election by voting or acclamation 98
77 Notice of election by voting 99
78 Appointment if an insufficient number of candidates are elected
100
79 [Repealed]
80 Withdrawal, death or incapacity of candidate 101
81 Appointment of candidate representatives 102
82 Presence of candidate representatives at election proceedings
103
83 to 93 [Repealed]
94 Voting opportunities for electors 104
95 Required general voting opportunities 105
96 Additional general voting opportunities 106
97 Required advance voting opportunities 107
98 Additional advance voting opportunities 108
99 Special voting opportunities 109
100 Mail ballot voting 110
101 Voting places 111
102 Use of voting machines 112
103 Municipal voting divisions 113
104 Form of ballots 114
105 What must and must not be included on a ballot 115
106 Order of names on ballot 116
107 Order of names on ballot determined by lot 117
108 Ballot boxes 118
109 Persons who must be present at voting places 119
110 Persons who may be present at voting places 120
111 Sealing of ballot boxes containing ballots 121
112 Time for voting extended 122
113 Voting to be by secret ballot 123
114 Each elector may vote only once 124
115 Requirements before elector may be given a ballot to vote
125
116 Challenge of elector 126
117 If another person has already voted under an elector’s name
127
118 Replacement of spoiled ballot 128
119 How to vote by ballot 129
120 One person to a voting compartment 130
121 Persons needing assistance to mark their ballots 131
6
Current section
Current subsection
Proposed section
Proposed subsection
122 Persons unable to enter a voting place 132
123 When and where counting is to be done 133
124 Who may be present at counting 134
125 Who does the counting 135
126 Opening of ballot boxes 136
127 Combination of ballots for counting 137
128 Procedures for counting 138
129 Rules for accepting votes and rejecting ballots 139
130 Objections to the acceptance of a vote or the rejection of a ballot
140
131 Ballot account 141
132 Packaging of ballots 142
133 Delivery of election materials to chief election officer
143
134 Preliminary election results 144
135 Determination of official election results 145
136 Declaration of official election results 146
137 When elected candidates may take office 147
138 Application for judicial recount 148
139 Judicial recount procedure 149
140 Results of judicial recount and orders as to costs 150
141 Determination of results by lot if tie vote after judicial recount
151
142 Runoff election if tie vote after a judicial recount 152
143 Application to court respecting validity of election 153
144 Hearing of the application 154
145 Power of the court on an application 155
146 Costs of an application 156
147 Status of an elected candidate 157
148 Report of election results 158
149 Publication of election results 159
150 Retention and destruction of election materials 160
151 Vote buying 161
152 Intimidation 162
152.1 [Repealed]
153 Other election offences 163
153.1 Prosecution of organizations and their directors and agents
164
153.2 Time limit for starting prosecution 165
154 Penalties 166
7
Current section
Current subsection
Proposed section
Proposed subsection
155 Ministerial orders in special circumstances 167
156 Regulations 168
PART 4 – ASSENT VOTING
Current section
Current subsection
Proposed section
Proposed subsection
157 Definitions 169
158 Assent voting to be conducted in same manner as an election
170
159 How assent is obtained 171
160 [Repealed]
161 (1), (2), (4) to (6)
Who may vote at assent voting 172
(3) 173
162 General voting day for assent voting 174
163 Arrangements for assent voting 175
164 Notice of assent voting 176
165 Ballots for assent voting 177
166 When counting for assent voting is to be done 178
167 Special procedures if voting is conducted by more than one local government
179
168 Other general matters 180
169 Scrutineers for assent voting 181
170 Notice of applications to volunteer as a scrutineer 182
171 Applications to volunteer to act as scrutineer for assent voting
183
172 Appointment of scrutineers for assent voting 184
172.1 to 172.91
[Repealed]
PART 5 – REGIONAL DISTRICT CORPORATE POWERS AND THEIR USE
Current section
Current subsection
Proposed section
Proposed subsection
173 Regional district corporations 193
174 Board is governing body 194
175 Area of jurisdiction 195
176 (1)[pt], (2)[pt], (3)
Corporate powers 263
(1)[pt], (2)[pt]
229 (1), (4)
177 Disclosure of information relating to agreements 267
8
Current section
Current subsection
Proposed section
Proposed subsection
178 and 179 [Repealed]
180 Approval for out-of-Province and out-of-country agreements with public authorities
264
181 Definition of “assistance” 271
182 Prohibition against assistance to business 273
183 Exception for assistance under partnering agreements
274
183.1 Exception for heritage conservation purposes 276
184 Limitation on assistance by means of tax exemption 277
185 Publication of intention to provide certain kinds of assistance
272
186 Disposition of land and improvements 285
187 Notice of proposed disposition 286
188 Use of money from sale of land or improvements 287
189 [Repealed]
190 Disposal of utilities and water and sewer systems 288
191 Limitations on delegation authority 229 (2), (3)
192 How delegation must occur 230
193 Delegation of hearings 231
194 Reconsideration of delegate’s decisions 232
195 Incorporation of corporations 265
PART 5.1 – REGIONAL DISTRICT OFFICERS AND EMPLOYEES
Current section
Current subsection
Proposed section
Proposed subsection
196 Officer positions 234
197 Chief administrative officer 235
198 Corporate administration 236
199 Financial administration 237
200 Appointment of officers and employees 233 (1), (2)
200.1 Prohibition against interfering with regional district officers and employees
242
201 Oath of office for officers 238
202 Termination of officer 241
203 Employers’ organization 233 (3)
204 Board of examiners 754
205 Powers of board 755
206 Board may make regulations 756
206.1 Application 757
9
PART 5.2 – REGIONAL DISTRICT BOARDS AND THEIR PROCEEDINGS
Current section
Current subsection
Proposed section
Proposed subsection
207 to 209 [Repealed]
210 Oath of office for board members 202
211 [Repealed]
212 Resignation from office 203
212.1 to 217 [Repealed]
218 (1), (2)[pt] Powers and duties of chair 216 (1), (2)[pt]
(2)[pt] 239
(2)[pt], (3) 240
219 Chair may require board reconsideration of a matter 217
220 to 222 [Repealed]
222.1 (1), (2) Regular and special board meetings 219
(3) to (5) 221
(6) to (8) 204
223 to 226 [Repealed]
227 (1) Proceedings at board meetings 216 (2)[pt]
(2) 226 (3)
228 to 235 [Repealed]
236 Minutes of board meetings 223 (1)
237 Minutes of board committee meetings 223 (2)
237.1 Meetings and hearings outside regional district 224
238 to 256 [Repealed]
PART 6 – CHALLENGE AND ENFORCEMENT OF BYLAWS
Current section
Current subsection
Proposed section
Proposed subsection
257 to 259.3 [Repealed]
260 Extended definition of “bylaw” 622
261 Validity of council proceedings 627
262 (1) to (3), (4)
Application to court to set aside bylaw 623
(3.1) 425 (2)
263 Assessment or rate stands unless bylaw set aside 626
264 Declaratory orders 624
265 Right of action on illegal bylaw 625
266 Fines and penalties 413
266.1 Ticketing for bylaw offences 414
10
Current section
Current subsection
Proposed section
Proposed subsection
266.2 Application of the Local Government Bylaw Notice Enforcement Act
415
267 Bylaw contraventions – offences and penalties 416
267.1 Additional sentencing powers in relation to Offence Act prosecutions
417
268 Inspections to determine whether bylaws are being followed
419
269 Regional district action at defaulter’s expense 418
270 to 280.6 [Repealed]
PART 7 – LEGAL PROCEEDINGS
Current section
Current subsection
Proposed section
Proposed subsection
281 Enforcement by civil proceedings 420
282 [Repealed]
283 Recovery of utility rates by legal remedy of distress 421
284 Scale of costs on distress 422
285 Limitation period for actions against municipality 735
286 Immunity unless notice given to municipality after damage
736
287 Immunity for individual municipal public officers 738
287.1 Defence for financial officer 739
287.2 (1) to (6) Indemnification against proceedings 740
(7) 741
288 Immunity against certain nuisance actions 744
289 Immunity in relation to failure to enforce building bylaws
742
290 Limitation on municipal liability regarding building plan approval
743
291 Proceedings against municipality in relation to actions of others
737
292 [Repealed]
293 Writ of execution against municipality 745
294 Copy of writ to be left with municipal officer 746
295 Tax to be imposed if amount not paid 749
296 Payment of amount levied 750
297 Officers of municipality as officers of court 747
298 Certain municipal property exempt from seizure 748
299 [Repealed]
300 Self insurance by local authorities 751
301 [Repealed]
11
Current section
Current subsection
Proposed section
Proposed subsection
301.1 Nis×a’a Final Agreement 752
301.11 [Repealed]
301.2 How Part applies to treaty first nations 753
PART 8 – SPECIAL POWERS RELATING TO PROPERTY
Current section
Current subsection
Proposed section
Proposed subsection
302 Power to reserve and dedicate regional district land for public purpose
278
303 Control of Crown land parks dedicated by subdivision
279
304 Exchange of park land 281
305 to 305.2 [Repealed]
306 Establishment of municipal forest reserve 640
307 Sale or lease of municipal forest reserve 641
308 Cutting and removal of timber 642
309 Expropriation power 289
309.1 [Repealed]
310 Authority in relation to services 290
311 Entry on land to mitigate damage 291
312 Compensation for expropriation and other actions 292
313 [Repealed]
314 Power to accept property on trust 282
314.1 Authority to enter on or into property 284
315 [Repealed]
315.1 Irrigation services 638
315.2 District municipality drainage works 639
315.3 Further powers in relation to assets 781
316 to 316 [Repealed]
PART 9
Current section
Current subsection
Proposed section
Proposed subsection
327 to 338 [Repealed]
PART 10 – MUNICIPAL TAXATION: SPECIAL CASES
Current section
Current subsection
Proposed section
Proposed subsection
339 to 351 [Repealed]
12
Current section
Current subsection
Proposed section
Proposed subsection
352 Forest land 643
353 Taxation of certain utility company property 644
354 to 358 [Repealed]
PART 10.1 – REGIONAL DISTRICT FEES, CHARGES AND INTEREST
Current section
Current subsection
Proposed section
Proposed subsection
359 to 362 [Repealed]
363 Imposition of fees and charges 397
363.1 Interest calculation 398
363.2 Special fees and charges that are to be collected as taxes
399
364 Special fees and charges that are liens against property
400
PART 11 – ANNUAL MUNICIPAL TAX SALE
Current section
Current subsection
Proposed section
Proposed subsection
365 to 402 [Repealed]
403 Annual tax sale 645
404 Exemption of Crown land from tax sale 646
405 Notice of tax sale 647
406 Municipality may bid at tax sale 648
407 (1), (2) Upset price and conduct of tax sale 649
(3) to (6) 650
408 Purchaser to give authority to register tax sale title 651
409 Collector to provide certificate of sale 652
410 Tax sale of Crown land subject to an agreement to purchase
653
411 Provincial government may accept tax sale purchaser
654
412 Resale of land purchased by municipality at tax sale
655
413 Notice of tax sale must be filed in land title office 656
414 Owners must be given notice of tax sale and redemption period
657
415 Assessment and taxes during redemption period 658
416 Application of surplus from tax sale 659
417 Redemption by owner 660
418 Redemption payments by instalments 661
13
Current section
Current subsection
Proposed section
Proposed subsection
419 Notice of redemption must be filed in land title office
662
420 (1) to (6) Registration of purchaser 663
(7) 664
421 Effect of tax sale on rights of owner 665
422 Action by owner to have tax sale set aside 666
423 (1) Reinstatement of taxes if sale set aside 667
(2), (3) 668
424 Restrictions on legal actions in relation to tax sale 669
425 Repossessed tax sale land 670
426 Procedure on default of purchaser under agreement 671
427 Redemption by municipality of land sold for Provincial taxes
672
428 to 447 [Repealed]
PART 12
Current section
Current subsection
Proposed section
Proposed subsection
448 to 479 [Repealed]
PART 13
Current section
Current subsection
Proposed section
Proposed subsection
480 to 506 [Repealed]
PART 14
Current section
Current subsection
Proposed section
Proposed subsection
507 to 516 [Repealed]
PART 15 – SPECIFIC REGIONAL DISTRICT SERVICE POWERS
Current section
Current subsection
Proposed section
Proposed subsection
517 to 521 [Repealed]
522 Special fire protection powers 303
523 Health protection authority 304
524 to 539 [Repealed]
540 Special drainage and sewerage authority 306
541 Watercourse may be included in drainage system 307
14
Current section
Current subsection
Proposed section
Proposed subsection
542 Requirements respecting drainage works 312
543 Appropriation of stream channel or bed 313
544 Control of drainage 308
545 [Repealed]
546 Remedial authority in relation to drainage and dikes 309
547 Highway construction and dikes 310
548 Interjurisdictional watercourses 311
549 [Repealed]
550 Authority in relation to waste disposal and recycling services
316
551 Regulation of signs and advertising 330
552 Use of rights of way 283
553 Irrigation services 331
554 [Repealed]
555 Authority subject to Water Act 314
PART 16
Current section
Current subsection
Proposed section
Proposed subsection
556 to 584 [Repealed]
PART 17
Current section
Current subsection
Proposed section
Proposed subsection
585 to 609 [Repealed]
PART 18
Current section
Current subsection
Proposed section
Proposed subsection
610 to 619 [Repealed]
PART 19
Current section
Current subsection
Proposed section
Proposed subsection
620 to 651.2 [Repealed]
15
PART 20 – REGULATION OF CARRIERS AND COMMERCIAL VEHICLE LICENSING
Current section
Current subsection
Proposed section
Proposed subsection
652 to 656 [Repealed]
657 Regulation of carriers 637
658 to 663 [Repealed]
664 Definitions 628
665 Application of Division 629
666 Commercial vehicle licensing bylaw 630
667 Exemptions from licensing requirements 631
668 Licence plate must be displayed 632
669 Issue and transfer of licence plates 633
670 Term of licences 634
671 Fees to be paid to UBCM 635
672 Offences 636
673 to 691 [Repealed]
PART 21 – BUILDING REGULATIONS
Current section
Current subsection
Proposed section
Proposed subsection
692 to 693 [Repealed]
693.1 Restrictions on authority 297
694 Regional district building regulations 298
694.1 Requirement for security 300
695 Application of Community Charter provisions 302
696 Regulating doors and emergency exits 301
697 Regional district may adopt national codes 299
698 Remedial authority in relation to hazardous conditions
305
699 to 701 [Repealed]
PART 22 – MISCELLANEOUS POWERS
Current section
Current subsection
Proposed section
Proposed subsection
702 [Repealed]
702.1 Application in relation to regional district animal control service
317
703 (1), (2) Animal control authority 318
(3) to (6) 319
704 to 706 [Repealed]
707 Animal pounds 320
16
Current section
Current subsection
Proposed section
Proposed subsection
707.1 (1) Dangerous dogs 321
(2) 322
708 to 722.1 [Repealed]
723 Removal and deposit of sand, gravel and other soil 327
724 (1)[pt] Noise control 323
(1)[pt], (2) 324
725 [pt] Nuisances and disturbances 323
[pt] 325
725.1 [Repealed]
726 Fire and security alarm systems 328
727 to 727.1 [Repealed]
728 [pt] Fireworks 323
[pt] 326
728.1 House numbering 329
PART 23 – IMPROVEMENT DISTRICTS
Current section
Current subsection
Proposed section
Proposed subsection
729 Definitions 673
730 [Repealed]
731 (1), (2), (7) Incorporation by letters patent 675
(3) to (6) 678 (1),
(3)[pt],
(4)[pt],
(5)[pt],
(6)[pt]
732 (1) to (3) Incorporation of mountain resort improvement districts
676
(4) to (7) 678 (2),
(3)[pt],
(4)[pt],
(5)[pt],
(6)[pt]
733 Notation on title of land in a mountain improvement district
677
734 Amendment of letters patent 679
735 Dissolution of improvement districts 680
735.1 Transition on dissolution of improvement district or if area or object of improvement district changed
681
735.2 Additional powers 682
736 Improvement district trustees 683
17
Current section
Current subsection
Proposed section
Proposed subsection
737 Election of improvement district trustees 684
738 Chair 685
738.1 Officer positions 694
738.2 Corporate administration 695
738.3 Financial administration 696
738.4 Officers and employees 693
738.5 Giving notice to improvement districts 674
739 Meeting procedure 686
739.1 Regulations in relation to meetings 687
740 First meeting of trustees in each year 688
740.1 Appointment of select and standing committees 689
741 Annual general meeting 690
741.1 Annual financial statements 691
741.2 Appointment of auditor 692
742 Appointment of receiver 734
743 Protection from legal proceedings 732
743.1 Indemnification against proceedings 733
744 Improvement district property exempt from taxation
731
745 General powers 697
746 Powers that must be exercised by bylaw 698
747 Requirements for bylaws 699
747.1 Subdivision servicing requirements 700
747.2 (1) to (3) Excess or extended services and latecomer payments
701
(4) to (9) 702
748 Power to exercise rights under certain water licences
703
749 Power to expropriate water diversion licences and related works
704
750 General power to expropriate land and works 705
751 Renewal of works 706
752 Appeal if improvement district refuses to provide services
707
753 Assessment roll 708
754 Notice of assessment 709
755 Revision of assessments 710
756 Tax collection on behalf of improvement district 711
756.1 Municipal collection of improvement district taxes 712
756.2 Payments to improvement districts 713
18
Current section
Current subsection
Proposed section
Proposed subsection
757 Levying of taxes by improvement district 714
758 Tax notices 715
759 Lien for taxes and tolls 716
760 Interest on taxes 717
761 Definitions 721 (3)[pt]
762 (1), (2) Tax sale for recovery of taxes 718
(3) to (5) 720
(6) to (8) 719
763 (1), (2) Conduct of tax sale 721 (1), (2)
(3), (4) 722
764 Disposal of surplus from tax sale 724
765 Improvement district as purchaser of tax sale land 721 (3)[pt]
766 Tax sale deed 723
767 Sale of Crown land held under a mortgage or agreement for sale
725
768 Disposal of tax sale land by trustees 726
769 Provision of sinking funds 727
770 Provincial guarantee of improvement district securities
728
771 Form of securities 729
772 Registration of securities 730
PART 24 – REGIONAL DISTRICTS
Current section
Current subsection
Proposed section
Proposed subsection
773 [Repealed]
774 Application of other provisions 188
774.1 Continuation of regional districts 190
774.2 Continuation of regional district services 341
775 [Repealed]
776 Incorporation of regional districts 41 (1)
777 Letters patent of regional districts 41 (2) to (4)
777.1 Extension of regional district boundaries 42
778 to 779.3 [Repealed]
780 Amalgamation and division of regional districts and alteration of boundaries
43
781 Dissolution of community planning areas and improvement districts
45
782 Creation or restructure of municipalities 44
782.1 Additional powers 46
19
Current section
Current subsection
Proposed section
Proposed subsection
783 (1), (2), (4) Composition and voting rights 196
(5) to (7) 197
784 Appointment and term of office of municipal directors
198
785 Election and term of office of electoral area directors
199
786 Alternate municipal directors 200
787 Alternate electoral area directors 201
787.1 Application of Community Charter provisions to regional district directors
205
788 to 790 [Repealed]
791 (1)[pt], (2)[pt]
Voting on resolutions and bylaws 206
(1)[pt] 214
(1)[pt], (8) to (11)
207
(2)[pt], (3) 208
(4), (5) 209
(6), (7) 210
(12), (13) 213
(14), (15) 211
(16), (17) 212
792 Chair and vice chair of board 215
793 (3) to (5) Calling and conduct of meetings 220
(7) 226 (1)
(8), (8.1), (9)
222
794 (1), (2) Procedure, bylaws and enforcement 225
(3) 228
(4) 425 (1)
(5)[pt] 226 (2)
(5)[pt] 227
(5)[pt] 248
(5)[pt] 268 (1)
794.1 (1) to (4) Public access to regional district records 266
(5) 268 (2)
795 Appointment of select and standing committees 218
795.1 Interpretation 251 (1), (2)
795.11 (1), (2) Treaty first nation membership in regional district 250
(3) 251 (3)
20
Current section
Current subsection
Proposed section
Proposed subsection
795.12 Regional district letters patent and treaty lands 252
795.2 Treaty first nation directors 253
795.21 Term of office of treaty first nation director 254
795.22 Alternate treaty first nation director 255
795.3 Treaty first nation electors for regional district services
256
795.31 Tax base, requisition and collection of funds for treaty lands
257
795.32 Tax base, requisition and collection of funds for treaty lands of taxing treaty first nations
258
795.4 Treaty first nations and regional district financing 259
795.41 Services to treaty first nation members 260
795.42 Services to treaty lands outside regional district 261
795.43 Non-member treaty first nation participation 262
795.5 [Repealed]
796 General authority for services 332
796.1 Consent required for services outside regional district
333
796.2 Authorities in relation to services other than regulatory services
335
796.3 Regulation authority in relation to previous bylaws 192
797 [Repealed]
797.1 (1)[pt] Specific regulatory and other powers 297 (1)[pt]
(1)[pt] 317 [pt]
(1)[pt] 327 (1)[pt]
(1)[pt] 323 [pt]
(1)[pt] 328 (1)[pt]
(1)[pt] 329 (1)[pt]
(3) 275
(4), (4.1), (5)
315
(6) Not Revised
797.2 [Repealed]
797.3 Referendums regarding services 336
797.31 Board may seek regional district opinion 293
797.4 Petition for electoral area services 337
797.5 (1) Approval of the electors 269
(2) 270
798 Incidental powers 294
798.1 Emergency powers 295
21
Current section
Current subsection
Proposed section
Proposed subsection
799 Additional powers and exceptions 296
799.1 Continuation of regional parks and trails 191 (1), (2)
799.2 Exemptions from approval requirements 249
800 Establishing bylaws required for most services 338
800.1 Required content for establishing bylaws 339
800.2 Special options for establishing bylaws 340
801 Approval of establishing bylaws 342
801.1 Responsibility for obtaining approval 343
801.2 Approval by assent of the electors 344
801.3 Approval by alternative approval process 345
801.4 Consent on behalf of municipal participating area 346
801.5 Consent on behalf of electoral participating area electors
347
801.6 Other procedural rules 348
802 Amendment or repeal of establishing bylaws 349
802.1 Changes to participating and service areas 350
802.2 Amending bylaws that are needed for authority to borrow
351
802.3 Special provisions respecting service withdrawal 352
803 Options for cost recovery 378
803.1 Costs of services 379
804 Apportionment of costs 380
804.1 Cost sharing for Part 26 services 381
804.11 Exclusion of property under creditor protection from apportionment
382
804.2 Valuation information and apportionment adjustments
383
804.3 Tax base for property value taxes 384
805 Requisition of funds from municipalities 385
805.1 Collection in municipalities 386
806 Requisition of funds for electoral areas 387
806.1 Collection in electoral areas 388
807 Amounts to be paid over to regional district 389
808 Variable tax rate system 390
809 Property tax exemptions 391
810 Exemptions for heritage properties 392
810.1 Repayment requirement in relation to heritage exemptions
393
811 Exemptions for riparian property 394
22
Current section
Current subsection
Proposed section
Proposed subsection
811.1 Repayment requirement in relation to riparian exemptions
395
812 Tax exemptions under a partnering agreement 396
813 Definitions 353
813.01 Minister may appoint facilitators 354
813.02 Parties to a service review or service withdrawal 355
813.03 Costs of service review or service withdrawal 356
813.04 Initiating a service review 357
813.05 Other issues and services may be dealt with in one service review
358
813.06 Preliminary meeting 359
813.07 Negotiations to resolve issues 360
813.08 Initiating service withdrawal 361
813.09 Minister’s direction on process 362
813.10 Addition of further initiating participants or further services
363
813.11 Early termination of process 364
813.12 Mediation 365
813.13 Arbitration 366
813.14 Initiating participant must respond to final resolution
367
813.15 Direction to further arbitration in certain cases 368
813.16 When final resolution becomes binding 369
813.17 Implementation of final resolution by bylaw 370
813.18 Failure to adopt required bylaws 371
813.19 Regulations respecting arbitrations 372
814 (1), (2) General accounting rules 373
(3) to (5) 377
814.1 Annual reporting on regional district finances 376
815 Financial plan 374
816 Process requirements for financial plan 375
817 Limit on expenditures 401
818 Limit on borrowing and other liabilities 402
819 Application of Community Charter borrowing and liability provisions
403
820 [Repealed]
821 Revenue anticipation borrowing 404
822 Short term capital borrowing 405
823 Regional district loan authorization bylaws 406
23
Current section
Current subsection
Proposed section
Proposed subsection
823.1 Participating area approval required for some loan authorization bylaws
407
823.11 Electoral participating area petition for borrowing 408
823.2 Temporary borrowing under loan authorization bylaw
409
824 Financing municipal undertakings 410
825 Security issuing bylaws 411
826 General liability provisions 412
827 to 836 [Repealed]
837 Services to public authorities 334
838 (1), (5) to (7), (9)
Local community commissions 243
(2) to (4) 244
(8), (8.1), (10), (11)
245
839 [Repealed]
840 Restriction on authority in relation to firearms 423
841 to 845.3 [Repealed]
846 (1) Inspection of regional districts 764
(2) to (8) 765
847 (1) Legal proceedings and enforcement P18 D1 to D3
(1.1) 424
PART 25 – REGIONAL GROWTH STRATEGIES
Current section
Current subsection
Proposed section
Proposed subsection
848 Definitions 426
849 Purpose of regional growth strategy 428
850 Content of regional growth strategy 429
851 Area to which regional growth strategy applies 430
852 Requirement to adopt regional growth strategy 431
853 (1) to (3) Requirements for adoption 432
(4) 427
854 Initiation of regional growth strategy process 433
855 Consultation during development of regional growth strategy
434
856 Facilitation of agreement during development of regional growth strategy
435
857 Acceptance by affected local governments required 436
857.1 Minor amendments to regional growth strategies 437
24
Current section
Current subsection
Proposed section
Proposed subsection
858 Resolution of anticipated objections 438
859 Resolution of refusal to accept 439
860 Settlement of regional growth strategy 440
861 Options for settlement process 441
862 General provisions regarding settlement process 442
863 Adoption of regional growth strategy 443
864 Requirement to adopt finalized regional growth strategy
444
865 Regional district must conform with regional growth strategy
445
866 (1), (8), (9) Requirement for regional context statements in municipal official community plans
446
(2), (3) Content of regional context statement 447
(4) to (6) Board acceptance of regional context statement 448
(7) Settlement of regional context statement 449
867 Intergovernmental advisory committees 450
868 Implementation agreements 451
869 Regular reports and review of regional growth strategy
452
870 Provincial policy guidelines 453
871 Minister may require official community plans and land use bylaws
454
PART 26 – PLANNING AND LAND USE MANAGEMENT
Current section
Current subsection
Proposed section
Proposed subsection
872 Definitions 455
873 Authority under Part 456
873.1 Rural land use bylaws 457
873.2 Provincial policy guidelines 582
874 Ministerial orders 584
874.1 Ministerial regulations 585
875 Purposes of official community plans 471
876 (1), (2) Authority to adopt by bylaw 472
(3) 473 (4)
877 Required content 473 (1) to (3)
878 Policy statements in community plans 474
879 Consultation during OCP development 475
879.1 to 880 [Repealed]
881 Planning of school facilities 476
25
Current section
Current subsection
Proposed section
Proposed subsection
882 Adoption procedures 477 (1) to (5)
883 [Repealed]
884 Effect of official community plans 478
885 to 889 [Repealed]
890 (1), (4) Public hearings 464
(2) to (3.1), (5) to (8)
465
(9)[pt] 477 (6)
(9)[pt] 480
(9)[pt] 548 (5)
891 Delegating the holding of public hearings 469
892 (1) to (7) Notice of public hearing 466
(8), (9) 468
893 Notice if public hearing waived 467
894 Procedure after a public hearing 470
895 Development approval procedures 460
896 Information that must be available to the public 459
897 [Repealed]
898 Advisory planning commission 461
899 (1), (6) to (12)
Establishment of board of variance 536
(2) to (5) 537
(5.1) to (5.3) 538
900 Chair and procedures 539
901 (1) Variance or exemption to relieve hardship 540
(2), (3), (7), (8)
542
(4) to (6) 541
901.1 Exemption to relieve hardship from early termination of land use contract
543
902 Extent of damage preventing reconstruction as non-conforming use
544
903 (1) to (4) Zoning bylaws 479
(5) to (7) 481 (2) to (4)
904 Zoning for amenities and affordable housing 482
905 Housing agreements for affordable and special needs housing
483
905.1 (1) Phased development agreements 515
(2) to (9) 516
(10) 520
26
Current section
Current subsection
Proposed section
Proposed subsection
905.2 Term and assignment of phased development agreement
517
905.3 Process for phased development agreement bylaw 518
905.4 Amendments to phased development agreement 519
905.5 Information that must be available for public inspection
522
905.6 Filing of notice of phased development agreement 521
906 Off-street parking and loading space requirements 525
907 Runoff control requirement 523
908 Regulation of signs 526
909 Screening and landscaping to mask or separate uses 527
910 Construction requirements in relation to flood plain areas
524
911 (1) to (4) Non-conforming uses and siting 528
(5), (11)[pt] 531
(6) 530
(7) 534
(8), (8.1), (11)[pt]
532
(9), (10) 529
(12) to (14) 533
912 Effect of expropriation in relation to non-conforming use and subdivision
535
913 [Repealed]
914 No compensation in relation to adoption of bylaw, issuance of permit or termination of land use contract
458
914.1 Termination of land use contracts 547
914.2 Early termination of land use contracts 548 (1) to (4), (6), (7)
914.3 Notice of termination 549
914.4 Discharge of land use contracts 550
915 Intensive agriculture 555
916 Provincial standards for farm bylaws 551
917 Farm bylaws 552 (2) to (7)
918 (1)[pt] Application 481 (1)
(1)[pt] 552 (1)
(2) 553
919 Three year review of bylaws affecting farming areas
554
919.1 Designation of development permit areas 488
27
Current section
Current subsection
Proposed section
Proposed subsection
920 (1) Development permits 489
(2) to (4), (6), (12)
490
(5), (7) to (11)
491
920.01 Designation of development approval information areas or circumstances
485
920.1 (1) Development approval information 484
(2), (4), (6) 486
(3), (5), (7) 487
920.2 Designation of temporary use permit areas 492
921 (1), (3), (15) Temporary use permits 493
(4) to (7) 494
(8) to (10) 495
(11), (13), (14)
497
(12) 496
922 (1) to (3), (8)
Development variance permits 498
(4) to (7) 499
923 Tree cutting permits 500
924 Approval required for development near controlled access highway
505
925 Requirement for security 502
926 Lapse of permit 504
927 Notice of permit on land title 503
928 General matters 501
929 Withholding of permits and licences that conflict with bylaws in preparation
463
930 Amendment and discharge of land use contracts 546
931 Fees related to applications and inspections 462
932 Definitions 558
933 (1) to (2.1), (5), (6), (9), (10)
Development cost charges generally 559
(3) to (4.2) 561
(7), (8) 565
(11) 562
933.1 Development for which charges may be waived or reduced
563
934 Amount of development cost charges 564
935 Use of development cost charges 566 (1) to (3)
28
Current section
Current subsection
Proposed section
Proposed subsection
936 Acquisition and development of park land 567
937 (1) to (4) Adoption procedures for development cost charge bylaw
560
(5), (6) 566 (4), (5)
937.001 Bylaws adopted after application for rezoning, development permit or building permit submitted
568
937.01 Annual development cost charges report 569
937.1 Development works agreements with private developers
570
937.2 Definitions 571
937.3 (1), (2), (4), (5)
School site acquisition charge payable 572
(3) to (3.3) 573
937.4 Eligible school site requirements 574
937.5 (1) to (3) Setting school site acquisition charges 575
(4) 576
937.6 Provision of land for school sites 577
937.7 No subdivision or building permit unless charge paid
578
937.8 Credit for previous contributions 579
937.9 Transfer to board of education 580
937.91 Regulations for this Division 581
938 Subdivision servicing requirements 506
939 (1), (2), (4) Excess or extended services and latecomer payments
507
(3), (5) to (10)
508
940 Completion of works and services 509
941 (1) to (14) Provision of park land 510
(15) 191 (3)
941.1 Disposition of regional parks and trails 280
942 [Repealed]
943 Bylaws adopted after application for subdivision submitted
511
944 Parcel frontage on highway 512
945 Highway provision and widening 513
946 Subdivision to provide residence for a relative 514
946.1 Assessment of site profiles 556
946.2 Environmental Management Act requirements must be met
557
946.3 [Repealed]
29
PART 27 – HERITAGE CONSERVATION
Current section
Current subsection
Proposed section
Proposed subsection
947 (1), (2), (4) Definitions 586
(3) 587
948 Limits on the use of this Part 588
949 Limit on compensation 589
950 Bylaw and permit procedures 590
951 [Repealed]
952 Ombudsperson review of local government decisions
591
953 Community heritage commissions 597
954 Community heritage register 598
955 Heritage recognition 599
956 Heritage inspection may be ordered 600
957 Entry authority for a heritage inspection 601
958 Impact assessment may be required 602
959 Local government requests for Provincial protection
603
960 Withholding of approvals 604
961 Withholding of demolition permits until other approvals issued
605
962 Orders for temporary protection 606
963 Temporary protection by introduction of a continuing protection bylaw
607
964 Heritage control periods for temporary protection 608
965 Temporary protection 609
966 Heritage revitalization agreements 610
967 Heritage designation protection 611
968 Heritage designation procedure 612
969 Compensation for heritage designation 613
970 Heritage site maintenance standards 616
970.1 Designation of heritage conservation areas 614
971 Heritage conservation areas 615
972 Heritage alteration permits 617
973 Requirements and conditions in a heritage alteration permit
618
974 Giving notice to owners and occupiers 592
975 Posting notice on protected heritage property 593
976 Notice on land titles 594
977 Notice to minister responsible for the Heritage Conservation Act
595
30
Current section
Current subsection
Proposed section
Proposed subsection
978 Regulations regarding notices 596
979 Civil remedies in relation to heritage property 619
980 Notice of contravention may be filed in land title office
620
981 Offences and penalties 621
PART 28 – REPLOTTING SCHEMES
[Not revised]
PART 29 – INSPECTOR OF MUNICIPALITIES
Current section
Current subsection
Proposed section
Proposed subsection
1019 Inspector of municipalities 758
1020 Official seal and documents 759
1021 Inquiries into local government matters 764
1022 Certificate of approval for money bylaws 760 (1) to (6)
1023 (1), (2), (4) Inquiry into application for certificate 761
(3) 760 (7)
1024 Appeal from inspector’s decisions in relation to borrowing
762
1025 Certificate conclusive of validity 763
1025.1 Appeal to minister if unable to reach agreement on construction of drains
782
PART 30 – ADMINISTRATIVE COMMISSIONER
Current section
Current subsection
Proposed section
Proposed subsection
1026 Definitions 766
1027 Appointment of administrative commissioner 767
1028 Substitution of commissioner 768
1029 Acting commissioner 769
1030 Powers transferred to commissioner 770
1031 Power of commissioner to make bylaws 771
1032 Powers of commissioner to borrow 772
1033 Taxes for sinking fund 773
1034 Parcel tax rolls 774 (1), (2)
1035 Limits on complaints against assessment 774 (3), (4)
1036 Differences between commissioner and board of school trustees
775
1037 Reports to minister 776
31
Current section
Current subsection
Proposed section
Proposed subsection
1038 Election after commissioner appointed 777
1039 Restriction on legal proceedings 778
1040 Power to make regulations 779
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