Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Islands Trust Act

[RSBC 1996] CHAPTER 239

Contents
Part 1 — Organization of the Trust
 1 Definitions
 2 Continuation of trust and trust fund
 3 Object of trust
 4 Organization of trust
Part 2 — Trust Council
 5 Trust council
 6 Local trustees
 7 Municipal trustees
 8 Responsibilities of trust council
 9 Coordination agreements with other government bodies
 10 Delegation of powers
 11 Procedures to be followed by local trust committees
 12 Corporate status
 13 Corporate procedure
 14 Budget
 15 Trust policy statement
 16 Approval of bylaws
 17 Officers and employees
 18 Audit
 19 Annual report
Part 3 — Executive Committee
 20 Executive committee
 21 Responsibilities of executive committee
 22 Approval of bylaws
Part 4 — Local Trust Committees
 23 Local trust committees
 24 Responsibilities of local trust committees
 25 Corporate status
 26 Corporate procedure
 27 Approval requirement for bylaws of local trust committees
 28 Enforcement of bylaws
 29 Land use and subdivision regulation
 30 Heritage conservation
 31 Siting and use permits for construction where no building bylaw in force
 32 Restrictions on construction where no zoning in force
 33 Repealed
 34 Bylaws extend to additional area
 34.1 Environmental Management Act requirements must be met
Part 5 — Municipalities and Regional Districts
 35 No regional district bylaws or permits contrary to bylaws of local trust committees
 36 Transfer of authority from regional districts
 37 Service coordination agreements with regional districts
 38 Approval requirement for municipal bylaws
 39 Withholding of building permits
 39.1 Municipality must consider object of trust
Part 6 — Trust Fund Board
 40 Trust fund board
 41 Responsibilities of trust fund board
 42 Corporate status
 43 Property of the trust fund
 44 Trust fund plan
 45 Audit
 46 Annual report
Part 7 — Recovery of Costs
 47 Requisitions, apportionment and tax rates
 48 Collection outside municipalities
 49 Collection in municipalities
Part 7.1 — Natural Area Protection Tax Exemptions
 49.1 Definitions
 49.2 Designation of eligible areas
 49.3 Tax exemption certificates
 49.4 Cancellation of tax exemption certificate
 49.5 Cancellation for contravention of covenant
 49.6 Discharge of protection covenants
 49.7 Recapture charge if tax exemption cancelled
 49.8 Notice of certificate or cancellation
Part 8 — General
 50 Repealed
 51 Inquiries
 52 Report to Legislative Assembly
 53 Power to make regulations
 54 Additional powers and exceptions may be granted to a trust body
 55 Bylaws continued
 56 Approval of minister required for zoning bylaws
Schedule A
Schedule B

Part 1 — Organization of the Trust

Definitions

1  In this Act:

"executive committee" means the committee referred to in section 20 (1);

"francophone education authority" has the same meaning as in the School Act;

"island" means all of the land that makes up an island, and includes surrounding land attached to and extending from an island, whether or not water flows over or under it;

"local trust area" means

(a) an island designated in Schedule B, or

(b) an island or group of islands in the trust area that is designated as a local trust area by regulation,

and includes those islands, if any, within boundaries surrounding an island or group of islands referred to in paragraphs (a) and (b) that may be specified by regulation, but does not include land in a municipality, all or part of which is in the trust area;

"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);

"local trustee" means a trustee elected under section 6 from a local trust area;

"municipal trustee" means a trustee appointed under section 7;

"secretary" means the person appointed under section 17 (1) (a);

"trust" means the Islands Trust continued under section 2 (1);

"trust area" means the land located within the boundaries described in Schedule A;

"trust council" means the Islands Trust Council referred to in section 5;

"trust fund" means the Islands Trust Fund continued under section 2 (2);

"trust fund board" means the board referred to in section 40 (1);

"trust policy statement" means the trust policy statement adopted under section 15 (1);

"trustee" means a local trustee, a municipal trustee and a trustee of the trust fund, or any of them, as the context requires.

Continuation of trust and trust fund

2  (1) The trust known as the Islands Trust is continued.

(2) The trust fund known as the Islands Trust Fund is continued for the purpose of carrying out the object of the trust.

(3) The trustees of the trust are the local trustees, the municipal trustees and the trustees of the trust fund.

Object of trust

3  The object of the trust is to preserve and protect the trust area and its unique amenities and environment for the benefit of the residents of the trust area and of British Columbia generally, in cooperation with municipalities, regional districts, improvement districts, other persons and organizations and the government of British Columbia.

Organization of trust

4  (1) The trust council, executive committee, local trust committees and trust fund board are continued for the purpose of carrying out the object of the trust.

(2) The trust council is intended to establish the general policies for carrying out the object of the trust and to be responsible for the financial management of the trust, other than financial management of the trust fund.

(3) The executive committee is intended to carry out the daily business of the trust, to review the activities of the local trust committees and to act as a local trust committee for that part of the trust area that is not in a local trust area or municipality.

(4) The local trust committees are intended to regulate the development and use of land in their local trust area by exercising powers conferred by this Act, including powers that would otherwise belong to the regional district for each area.

(5) The trust fund board is intended to administer the trust fund and to manage the real and personal property assets of the trust fund.

Part 2 — Trust Council

Trust council

5  The Islands Trust Council is comprised of

(a) the local trustees, and

(b) the municipal trustees.

Local trustees

6  (1) For each local trust area, 2 trustees are to be elected to represent the electors of the area.

(2) The trust council has the same responsibility and authority in relation to elections for local trustees as a regional district has in relation to elections for electoral area directors.

(3) Part 3 of the Local Government Act, as it applies in relation to electoral area directors for a regional district and their election, applies in relation to local trustees and their election.

(4) For the purposes of subsection (3), the references in Part 3 of the Local Government Act are to be read in accordance with the following:

(a) a reference to a regional district board or local government is to be read as a reference to the trust council;

(b) a reference to a municipality or electoral area is to be read as a reference to a local trust area;

(c) a reference to the local government or regional district corporate officer is to be read as a reference to the officer or employee of the trust council assigned responsibility in relation to the matter by the trust council;

(d) a reference to a designated local government officer or designated regional district officer is to be read as a reference to the officer or employee of the trust council assigned responsibility in relation to the matter by the trust council.

(5) The term of office of a local trustee elected at the time of a general local election

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3) of the Local Government Act, whichever is later, and

(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the person's successor takes office, whichever is later.

(6) The following provisions of the Local Government Act apply to local trustees:

(a) section 210 [oath or affirmation of office];

(b) section 212 [resignation from office];

(c) section 222.1 (6) to (8) [unexcused absence from board meetings].

(7) The following provisions of the Community Charter apply to local trustees:

(a) Division 6 [Conflict of Interest] of Part 4;

(b) Division 7 [Challenge of Council Member Qualification for Office] of Part 4.

(8) The qualification requirements of section 66 [who may hold office on a local government] of the Local Government Act for being nominated for, being elected to or holding office on a local government apply in relation to being nominated for, being elected to or holding office as a trustee.

Municipal trustees

7  (1) The council of a municipality in the trust area must, before January 1 of each year, appoint 2 municipal trustees from among its members.

(2) Unless otherwise provided by letters patent under section 13 (3.1) of the Local Government 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.

Responsibilities of trust council

8  (1) For the purpose of carrying out the object of the trust, the trust council must

(a) adopt an annual budget in accordance with section 14,

(b) adopt a trust policy statement in accordance with section 15,

(c) consider bylaws for approval in accordance with section 16,

(d) appoint officers and other employees in accordance with section 17 and auditors in accordance with sections 18 and 45,

(e) file an annual report in accordance with section 19, and

(f) carry out other duties that the minister or the Lieutenant Governor in Council, by order, directs.

(2) For the purpose of carrying out the object of the trust, the trust council may

(a) acquire and dispose of land,

(b) coordinate and assist in the determination, implementation and carrying out of municipal, regional and improvement district and government of British Columbia policies for the preservation and protection of the trust area and its unique amenities and environment,

(c) make recommendations to the trust fund board respecting priorities for the acquisition, use and disposition of property by the trust fund board,

(d) make recommendations to the Lieutenant Governor in Council respecting the acquisition, use and disposition by the government of land located in the trust area,

(e) make recommendations to the Lieutenant Governor in Council respecting the determination, implementation and carrying out of policies for the preservation and protection of the trust area and its unique amenities and environment,

(f) engage in activities to gain knowledge about the history and heritage of the trust area and to increase public awareness, understanding and appreciation of that history and heritage,

(g) conserve heritage property,

(h) support and give financial assistance to activities referred to in paragraphs (f) and (g) that are undertaken by others,

(i) recommend to a regional district board that it exercise its tax exemption authority under section 810 of the Local Government Act in relation to heritage property in the trust area, and

(j) assign duties to the executive committee and to the local trust committees.

(2.1) Sections 186 and 187 of the Local Government Act apply to a disposition of land under subsection (2) (a).

(3) The trust council must not, without the prior approval of the minister, incur liabilities or borrow money.

Coordination agreements with other government bodies

9  (1) For the purpose of carrying out the object of the trust, the trust council may enter into, on its own behalf or on behalf of one or more local trust committees, agreements with one or more of the following respecting the coordination of activities in the trust area:

(a) the government of British Columbia;

(b) the government of Canada;

(c) an agent of the government of British Columbia or Canada;

(d) a municipality, regional district, board of school trustees or francophone education authority;

(e) a first nation.

(2) An agreement under subsection (1) is subject to the approval of the minister.

(3) If there is a conflict between an agreement under subsection (1) and a bylaw or agreement of a local trust committee, the agreement under subsection (1) prevails.

Delegation of powers

10  The trust council may, by bylaw adopted by at least 2/3 of its members present at the meeting at which the vote on adoption takes place, delegate its powers under sections 8 (1) (d) and (f) and (2) (a) to (f) and 9 (1), subject to any restrictions or conditions specified in the bylaw.

Procedures to be followed by local trust committees

11  (1) The trust council may, by bylaw adopted by at least 2/3 of its members present at the meeting at which the vote on adoption takes place, establish procedures that one or more local trust committees, as specified in the bylaw, must follow in exercising their authority and carrying out their responsibilities under this or any other enactment.

(2) Without limiting subsection (1), the trust council may establish procedures in relation to one or more of the following:

(a) the conduct of local trust committee meetings;

(b) the consideration and adoption of resolutions and bylaws;

(c) the receipt and consideration of applications for amendments to bylaws and official community plans;

(d) the receipt and consideration of applications for permits and the issuance of permits.

(3) The procedures established by a bylaw under subsection (1) are in addition to any procedures that apply to a local trust committee under this Act or any other enactment.

(4) If there is a conflict between a bylaw under subsection (1) and a bylaw of a local trust committee respecting its procedures in exercising its authority and carrying out its responsibilities, the bylaw under subsection (1) prevails whether it was adopted before or after the bylaw of the local trust committee.

Corporate status

12  (1) The trust council is a corporation.

(2) Subject to subsection (3), the Business Corporations Act does not apply to the trust council.

(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Business Corporations Act apply to the trust council and, if this is done, those provisions apply accordingly.

(4) The fiscal year of the trust council ends on March 31 of each year.

Corporate procedure

13  (1) The following provisions apply to the trust council:

section 122 [exercise of powers by bylaw or resolution] of the Community Charter;

section 135 [requirements for passing bylaws] of the Community Charter;

section 794 (1) (a) and (b) [procedure bylaws] of the Local Government Act.

(2) Subject to subsections (4) and (5), a resolution approved in accordance with subsection (3) is as valid as if it had been voted on and passed at a properly called and constituted meeting of the trust council.

(3) For the purposes of subsection (2), approval of a resolution is given if a majority of the members of the trust council entitled to vote on the resolution inform the secretary of their approval in person or by telephone or other means of telecommunication.

(4) Subsection (2) does not apply to resolutions

(a) giving second or third reading to a bylaw, or

(b) respecting a decision under section 16 (1) (b) in relation to a bylaw referred to the trust council for approval under section 27 (3) or 38 (3).

(5) For a resolution giving first reading to or adopting a bylaw under section 10, approval is given if 2/3 of the members of the trust council entitled to vote on the resolution approve the resolution in accordance with subsection (2).

Budget

14  (1) On or before March 31 in each year, the trust council must, by bylaw, adopt an annual budget for the trust for the next fiscal year.

(2) Subject to subsection (6), a bylaw under subsection (1) has no effect until it is approved by the minister.

(3) The budget must

(a) show separately revenues obtained from appropriations, including operating grants and anticipated recoveries from taxes levied under sections 48 and 49, and other sources,

(b) show appropriated surpluses of prior years, and

(c) set out separately the anticipated expenditure relating to

(i)   operations of the trust council and of the executive committee, except the operations of the executive committee acting as a local trust committee under section 23 (5),

(ii)   general operations of the local trust committees, including the operations of the executive committee acting as a local trust committee under section 23 (5) and excluding the operations referred to in subparagraph (iii),

(iii)   operations of a local trust committee that are additional operations not included within the general operations of all the local trust committees under subparagraph (ii), and

(iv)   administrative operations of the trust fund board.

(4) A deficit that is incurred in any of the classes of operations referred to in subsection (3) (c) (i) to (iv) must be carried forward as an expenditure against that class of operations in the next year.

(5) The limit of the budgeted expenditure for a class of operations referred to in subsection (3) (c) (i) to (iv) is the budgeted revenue for that class.

(6) Before the annual budget is approved by the minister, an expenditure is not lawful if

(a) it is not provided for in the proposed annual budget, or

(b) the total expenditures under the proposed annual budget would, as a result of the expenditure, exceed 25% of the total proposed annual budget.

(7) After the annual budget is approved by the minister, an expenditure is not lawful if it is not provided for in the annual budget.

Trust policy statement

15  (1) The trust council must, by bylaw, adopt a trust policy statement that applies to the trust area.

(2) The trust policy statement

(a) must be a general statement of the policies of the trust council to carry out the object of the trust,

(b) may establish different policies for different parts of the trust area, and

(c) has no effect for the purposes of subsection (4) unless it is approved by the minister.

(3) Between first and second readings of a bylaw under subsection (1), the trust council must refer the proposed trust policy statement to the board of each regional district, all or part of which is in the trust area, for review and comment by the board.

(4) A bylaw

(a) submitted to the executive committee under section 27 (1) or 38 (1), or

(b) referred to the trust council under section 27 (3) or 38 (3)

must not be approved by the executive committee or the trust council, as the case may be, if it is contrary to or at variance with the trust policy statement.

Approval of bylaws

16  (1) If a bylaw is referred to the trust council under section 27 (3), 30 (3) or 38 (3), the trust council must

(a) consider the bylaw,

(b) either

(i)   approve the bylaw,

(ii)   return the bylaw to the local trust committee or municipal council, as the case may be, giving reasons for the return and directions as to changes to the bylaw that would be required for approval, or

(iii)   refuse the bylaw, giving reasons for the refusal,

(c) notify the local trust committee or municipal council, as the case may be, of its decision within 60 days after the date on which the secretary received the request under section 27 (3), 30 (3) or 38 (3), and

(d) as soon as practicable after giving notice of its decision, deliver its decision in writing to the local trust committee or municipal council, including reasons and directions referred to in paragraph (b) (ii) and (iii).

(2) If the trust council does not give notice of its decision respecting approval of a bylaw within the time limit established by subsection (1) (c), it is deemed to have approved the bylaw.

Officers and employees

17  (1) The trust council must appoint

(a) a person to the office of secretary,

(b) a person to the office of treasurer,

(c) persons to any other offices that it has, by bylaw, designated as officer positions, and

(d) other employees that it considers necessary to carry out the operations of the trust council, the executive committee, the local trust committees and the trust fund board.

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

(3) The power of appointment under subsection (1) is subject to the Public Service Act, and, for the purposes of the Public Service Act and the Public Service Labour Relations Act, employees of the trust council are deemed to be employees and the trust council is deemed to be an employer in respect of those employees.

(3.1) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the trust council and the employees of the trust council.

(4) The trust council may require a bond under the Bonding Act from a person appointed under subsection (1).

(5) The premium for a bond required under subsection (4) must be paid by the trust council.

(6) The trust council may, by bylaw, provide all or a part of the premium for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies.

Audit

18  (1) The trust council must appoint an auditor to audit the accounts and transactions of the trust council and the local trust committees.

(2) Division 2 [Audit] of Part 6 of the Community Charter applies to the trust council and the local trust committees.

(3) The auditor must report to the trust council, to the minister and, in the case of an audit of a local trust committee, to the local trust committee.

(4) [Repealed 2003-52-136.]

Annual report

19  Each year, the trust council must prepare and file with the minister a report respecting the previous fiscal year that includes

(a) an audited balance sheet and statement of receipts and expenditures,

(b) a report of the operations of the trust council, the executive committee and the local trust committees,

(c) the annual report of the trust fund board submitted to the trust council under section 46, and

(d) other particulars required by the minister.

Part 3 — Executive Committee

Executive committee

20  (1) The executive committee is comprised of the chair and vice chairs elected under this section.

(2) Unless a higher number of vice chairs is established under subsection (3), there are to be 2 vice chairs.

(3) On the recommendation of the trust council, the Lieutenant Governor in Council may, by regulation, increase or decrease the number of vice chairs, subject to the restriction that this number may not be decreased to fewer than 2 vice chairs.

(4) As soon as practicable after the election of local trustees under section 6, the trust council must elect from among its members the chair and vice chairs.

(5) If a regulation under subsection (3) increases the number of vice chairs, as soon as possible after this increase, the trust council must elect from among its members vice chairs for the new offices.

(6) The term of office for a member of the executive committee is from the time of the person's election until,

(a) in the case of a person elected under subsection (4), the person's successor is elected under that subsection, and

(b) in the case of a person elected under subsection (5),

(i)   the person's successor is elected under subsection (4), if there has not been a decrease in the number of vice chairs since the person was elected, or

(ii)   the next election under subsection (4), if there has been a decrease in the number of vice chairs since the person was elected.

(7) If an office on the executive committee becomes vacant before the end of the term of the person elected to it under subsection (4) or (5), the trust council must elect from among its members a person to fill the vacancy for the remainder of the term.

(8) Elections under subsection (4), (5) or (7) must be in accordance with the regulations.

Responsibilities of executive committee

21  (1) For the purpose of carrying out the object of the trust, the executive committee must

(a) consider bylaws submitted to it for approval under sections 27 (1) and 38 (1),

(b) act as a local trust committee under section 23 (5) for that part of the trust area that is not in a local trust area or a municipality, and

(c) carry out other duties that the trust council directs.

(2) The executive committee is a corporation only for the purposes of acting as a local trust committee under section 23 (5).

Approval of bylaws

22  (1) If a bylaw is submitted under section 27 (1) or 38 (1) for approval by the executive committee, the executive committee must

(a) consider the bylaw,

(b) either

(i)   approve the bylaw,

(ii)   return the bylaw to the local trust committee or municipal council, as the case may be, giving reasons for the return and directions as to changes to the bylaw that would be required for approval, or

(iii)   refuse the bylaw, giving reasons for the refusal,

(c) notify the local trust committee or municipal council, as the case may be, of its decision within one month after the date on which the secretary received the bylaw submitted under section 27 (1) or 38 (1), and

(d) as soon as practicable after giving notice of its decision, deliver its decision in writing to the local trust committee or municipal council, including reasons and directions referred to in paragraph (b) (ii) and (iii).

(2) If the executive committee does not give notice of its decision respecting approval of a bylaw within the time limit established by subsection (1) (c), it is deemed to have approved the bylaw.

Part 4 — Local Trust Committees

Local trust committees

23  (1) For each local trust area there is a local trust committee.

(2) Each local trust committee is comprised of

(a) the local trustees for the local trust area, and

(b) the person appointed under subsection (3) (a).

(3) For each local trust committee, the chair of the trust council must appoint,

(a) as a member of the local trust committee, a member of the executive committee who is not a local trustee for that local trust area, and

(b) if possible, as an alternate member of the local trust committee, another member of the executive committee who is not a local trustee for that local trust area.

(4) The alternate member of a local trust committee appointed under subsection (3) (b) may, in the absence of the member of the local trust committee appointed under subsection (3) (a), vote and act generally in all matters of the local trust committee in the place of the absent member.

(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.

Responsibilities of local trust committees

24  (1) For the purpose of carrying out the object of the trust, each local trust committee must

(a) submit its bylaws to the executive committee in accordance with section 27 (1) and to the minister for the purposes of section 27 (2) (b), and

(b) carry out other duties that the trust council directs.

(2) For the purpose of carrying out the object of the trust, each local trust committee may do the following:

(a) enforce its bylaws in accordance with section 28;

(b) regulate the development and use of land in its local trust area in accordance with sections 29 and 31;

(c) enter into agreements with municipalities, regional districts, boards of school trustees and francophone education authorities respecting the coordination of activities in the local trust area.

(3) A local trust committee must not incur liabilities or borrow money.

Corporate status

25  (1) Each local trust committee is a corporation.

(2) Subject to subsection (3), the Business Corporations Act does not apply to the local trust committees.

(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Business Corporations Act apply to the local trust committees and, if this is done, those provisions apply accordingly.

(4) The fiscal year of a local trust committee ends on March 31 of each year.

Corporate procedure

26  (1) The following provisions of the Local Government Act apply to the local trust committees:

Division 2 [Challenge of Bylaws] of Part 6, except sections 263 and 264 (1);

section 794 (1) (a) and (b) [procedure bylaws].

(1.1) For the purposes of section 262 (3) of the Local Government Act as it applies to a local trust committee, the notice under that section must be served on the secretary.

(1.2) The following provisions of the Community Charter apply to the local trust committees:

section 122 [exercise of powers by bylaw or resolution];

section 135 [requirements for passing bylaws];

section 136 [when a bylaw comes into force];

section 139 [consolidation of bylaws];

section 140 [revision of bylaws];

section 163 [evidence of municipal bylaws and other records].

(2) Subject to subsection (4), a resolution approved in accordance with subsection (3) is as valid as if it had been voted on and passed at a properly called and constituted meeting of a local trust committee.

(3) For the purposes of subsection (2), approval of a resolution is given if a majority of the members of the local trust committee entitled to vote on the resolution inform the secretary of their approval in person or by telephone or other means of telecommunication.

(4) Subsection (2) does not apply to resolutions giving second or third reading to a bylaw.

Approval requirement for bylaws of local trust committees

27  (1) A local trust committee must, before adoption, submit its bylaws to the secretary for approval by the executive committee.

(2) A bylaw of a local trust committee has no effect

(a) in all cases, until it is approved by the executive committee or, if a request is made under subsection (3), by the trust council, and

(b) in the case of a bylaw adopting or amending an official community plan, until it is approved by the minister.

(3) If the executive committee returns or refuses to approve a bylaw submitted to it under subsection (1), the local trust committee may, by request delivered to the secretary, refer the bylaw to the trust council for approval.

Enforcement of bylaws

28  (1) For the purposes of enforcing its bylaws and section 32 of this Act, a local trust committee has all the power and authority of a regional district board and, in relation to this, the following provisions of the Local Government Act apply to the local trust committee:

Division 3 [Enforcement of Regional District Bylaws] of Part 6, except section 266 (2);

section 281 [enforcement by civil proceedings].

(2) Fines and other penalties imposed and collected under or because of a bylaw of a local trust committee must be paid to the trust council.

Land use and subdivision regulation

29  (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 Local Government Act and Part 26 of that Act, except Division 10 and sections 937.2, 937.3 and 937.5 to 937.91 of that Part and except section 939;

(b) section 242 of the Strata Property Act;

(c) the Real Estate Development Marketing Act;

(d) the Agricultural Land Commission Act.

(e) [Repealed 2002-36-84.]

(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.

(3) Despite subsection (2), if an owner of land that is being subdivided exercises the option under section 941 (1) (b) of the Local Government Act to pay money instead of providing park land, the money must be paid to the applicable regional district.

(3.1) Despite subsection (2), if an official community plan includes a provision under section 920.01 (1) of the Local Government Act, the trust council rather than the local trust committee must adopt the required bylaw under section 920.1 (2) of that Act.

(4) The government, or an agency of the government as defined in the Public Service Labour Relations Act, must not develop, begin construction on or dispose of land located in the trust area unless the government or the agency of the government, as the case may be, first gives notice of the development, construction or disposition to the trust council.

(5) If an official community plan that relates to all or part of a local trust area has been adopted or is being prepared or amended and the portion of the local trust area affected by the community plan includes all or any part of one or more school districts, the local trust committee for that local trust area must, at the time of preparing or amending the community plan, and, in any event, not less frequently than once in each calendar year, consult with the boards of education for those school districts and seek their input with respect to

(a) the actual and anticipated needs for school facilities and support services in the school districts,

(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a),

(c) the type of school anticipated to be required on the sites referred to in paragraph (b),

(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required, and

(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.

Heritage conservation

30  (1) Subject to this section, each local trust committee has, in respect of its local trust area, all the powers and authority of a local government under Part 27 of the Local Government Act.

(2) Subject to this section and for the purposes of subsection (1), Part 27 of the Local Government Act, as it applies to regional district boards, applies to local trust committees.

(3) As an exception to section 27 in relation to a heritage designation bylaw of a local trust committee under section 967 of the Local Government Act,

(a) the local trust committee must, by request delivered to the secretary, refer the bylaw to the trust council for approval in accordance with section 16, and

(b) the bylaw has no effect until it is approved by the trust council.

(4) For a heritage designation bylaw of a local trust committee, the temporary protection of section 963 (2) of the Local Government Act applies for

(a) a period of 60 days beginning on the date of the first reading of the bylaw, and

(b) if the bylaw is referred to the trust council under subsection (3), a further period of 60 days beginning on the date the bylaw is referred, subject to the limit that, if the bylaw is refused by the trust council, the protection ends on the date of that refusal.

(5) A local trust committee may order a heritage inspection under section 956 of the Local Government Act only if the order is approved by the executive committee.

(6) Sections 960, 961 and 980 of the Local Government Act apply to an officer or employee of a regional district all or part of which is in a local trust area as though that person were an officer or employee of the local trust committee for the local trust area.

Siting and use permits for construction where no building bylaw in force

31  (1) In this section and section 32, "construction" means new construction of a building or structure and includes additions to an existing building or structure, but does not include the repair of an existing building or structure.

(2) For that part of its local trust area that is not subject to a requirement established under Part 21 of the Local Government Act that building permits be obtained for construction but is subject to a zoning bylaw, a local trust committee may, by bylaw,

(a) require, subject to the regulations, that owners of land in the local trust area obtain siting and use permits in accordance with the bylaw from the local trust committee or a person authorized by the local trust committee to issue the permits before beginning construction on the land, and

(b) impose application fees for permits referred to in paragraph (a) in order to recover the costs related to the permits.

(3) A siting and use permit referred to in subsection (2) (a) must be refused if the construction to which it relates does not comply with the applicable zoning bylaw.

(4) Section 929 of the Local Government Act respecting the withholding of building permits applies to the withholding of siting and use permits.

(5) Subject to the terms of a permit under this section, if the holder of the permit does not substantially begin the construction with respect to which the permit was issued within 2 years after the date it was issued, the permit lapses.

Restrictions on construction where no zoning in force

32  Subject to the regulations, a person must not begin construction on land in a local trust area that is not covered by a zoning bylaw unless the construction is approved by the local trust committee.

Repealed

33  [Repealed 1997-25-28.]

Bylaws extend to additional area

34  (1) Subject to subsection (2), if an addition is made to a local trust area, a bylaw of a regional district or a local trust committee, other than the local trust committee for the local trust area to which the addition is made, that was adopted before the addition was made and that applies to the addition

(a) remains in force to the extent that it applies to that addition, and

(b) may be repealed, amended or enacted again by the local trust committee for the local trust area to which the addition is made

as if it were a bylaw of the local trust committee to which the addition is made.

(2) The Lieutenant Governor in Council may, by regulation, designate bylaws of the local trust committee for the local trust area to which the addition is made that were adopted before the addition was made as bylaws that apply to an area added to a local trust area and, if this is done, a designated bylaw prevails over a bylaw referred to in subsection (1) in the event of conflict.

Environmental Management Act requirements must be met

34.1  (1) This section applies to an application for one or more of the following:

(a) zoning and rezoning, including siting and use permits;

(b) development permits or development variance permits;

(c) removal of soil.

(2) A local trust committee must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:

(a) the local trust committee has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the local trust committee is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;

(b) the local trust committee has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;

(c) the local trust committee has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;

(d) the local trust committee has received notice from the director under the Environmental Management Act that the local trust committee may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(e) the local trust committee has received notice from the director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;

(f) the local trust committee has received notice from the director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;

(g) the local trust committee has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.

Part 5 — Municipalities and Regional Districts

No regional district bylaws or permits contrary to bylaws of local trust committees

35  The board of a regional district, all or part of which is in the trust area, must not adopt a bylaw respecting the trust area, issue a permit respecting the trust area, or undertake work respecting the trust area if the bylaw, permit or work is contrary to or at variance with a bylaw of a local trust committee or a service coordination agreement under section 37 (1).

Transfer of authority from regional districts

36  (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.

(2) Despite section 791 of the Local Government Act, a regional district director who represents an electoral area that is entirely in the trust area must not vote

(a) on resolutions and bylaws under Part 26 of the Local Government Act for which the power and authority have been given to a local trust committee under section 29 (1) (a) of this Act, or

(b) on resolutions and bylaws under Part 27 of the Local Government Act for which the power and authority have been given to a local trust committee under section 30 (1) of this Act.

(3) A regional district board must not adopt a regional growth strategy under Part 25 of the Local Government Act that applies to any part of the trust area, and for these purposes sections 851 (1) and 854 (2) of that Act do not apply.

Service coordination agreements with regional districts

37  (1) The trust council and the board of a regional district, all or part of which is in the trust area, may enter into agreements respecting the coordination of official community plans, and the trust policy statement with services to be provided in the trust area by the regional district.

(2) An agreement under subsection (1) may provide for the sharing by the trust council and the regional district of the costs of the services covered by the agreement.

(3) The trust council, a local trust committee or the executive committee acting as a local trust committee must not adopt a bylaw that is contrary to or at variance with an agreement under subsection (1).

(4) The trust council or the executive committee must not approve a bylaw of a local trust committee that is contrary to or at variance with an agreement under subsection (1).

(5) Despite section 791 of the Local Government Act, the regional board directors who represent a municipality or electoral area, all or part of which is in the trust area, may vote in relation to an agreement under this section.

Approval requirement for municipal bylaws

38  (1) The council of a municipality, all or part of which is in the trust area, must, before adoption, submit to the secretary for approval by the executive committee

(a) all bylaws adopting official community plans that apply to land in the trust area, and

(b) all bylaws under Part 26 of the Local Government Act that apply to land in the trust area to which no official community plan applies.

(2) A bylaw referred to in subsection (1) has no effect until it is approved

(a) by the executive committee,

(b) on request under subsection (3), by the trust council, or

(c) on request under subsection (4), by the minister.

(3) If the executive committee does not approve a bylaw submitted to it under subsection (1), the municipality may, by request delivered to the secretary, refer the bylaw to the trust council for approval.

(4) If the trust council returns or refuses to approve a bylaw referred to it under subsection (3), the municipality may submit the bylaw to the minister for approval and, if this is done, section 16 (1) (a) and (b) applies to approval by the minister.

Withholding of building permits

39  If a local trust committee advises a regional district board that it proposes to adopt

(a) a zoning bylaw, or an amendment of it, or

(b) an official community plan, or an amendment of it,

affecting land in the regional district, the board may direct that a building permit be withheld, and, in that case, section 929 of the Local Government Act applies to the local trust committee.

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.

Part 6 — Trust Fund Board

Trust fund board

40  (1) The board of trustees for the trust fund is comprised of the following:

(a) one member of the executive committee, elected from among its members by the executive committee;

(b) 2 persons elected by the trust council from among its members in accordance with the regulation;

(c) the persons appointed by the minister under subsection (3).

(2) The term of office for a person elected under subsection (1) (a) or (b) is the same as for a vice chair elected under section 20 (4) and, if the office becomes vacant before the end of the term of the person elected to it, an election to fill the vacancy must be held in accordance with section 20 (7).

(3) The minister may appoint up to 3 persons to serve at pleasure as members of the trust fund board.

(4) The minister may require a bond under the Bonding Act from a member of the trust fund board.

(5) The premium for a bond required under subsection (4) must be paid by the trust council.

Responsibilities of trust fund board

41  (1) For the purpose of carrying out the object of the trust, the trust fund board must,

(a) subject to the regulations, administer the trust fund and manage the property of the trust fund,

(b) prepare a trust fund plan in accordance with section 44,

(c) file an annual report in accordance with section 46, and

(d) carry out any other duties that the minister or Lieutenant Governor in Council, by order, directs.

(2) For the purpose of carrying out the object of the trust, the trust fund board may

(a) receive money and other property by way of donation, public subscription, devise, bequest or otherwise that is not subject to terms, conditions or trusts that are inconsistent with the object of the trust,

(b) receive grants from the governments of Canada or British Columbia, or their ministries or agencies, or from any person or association, and

(c) subject to section 44 (2), acquire, hold and dispose of land and other property.

(3) For the purpose of acquiring, holding and disposing of land and other property under subsection (2) (c), the trust fund board may use the money, land and other property of the trust fund.

(4) The trust fund board must not, without the prior approval of the minister, incur liabilities or borrow money.

Corporate status

42  (1) The trust fund board is a corporation that is, for all purposes, an agent of the government but may, on behalf of the government, carry out its duties and exercise its powers in its own name without reference to the government.

(2) Subject to subsection (3), the Business Corporations Act does not apply to the trust fund board.

(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Business Corporations Act apply to the trust fund board and, if this is done, those provisions apply accordingly.

(4) The fiscal year of the trust fund board ends on March 31 of each year.

Property of the trust fund

43  (1) Property acquired by the trust fund board

(a) is the property of the government,

(b) may be held in the name of the government or in the name of the trust fund board, and

(c) must, despite the Land Act, be dealt with by the trust fund board under this Act.

(2) Money of the trust fund must, unless it is invested under subsection (3), be deposited and kept in a financial institution.

(3) Subject to the approval of the minister, the property of the trust fund may be invested as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.

Trust fund plan

44  (1) The trust fund board must prepare and submit to the minister, at least once every 5 years, a plan for the trust fund respecting

(a) policies on acquisition, management and disposal of property of the trust fund,

(b) policies on investment of money of the trust fund,

(c) goals for major acquisitions of property by the trust fund, and

(d) other matters as required by the minister.

(2) The trust fund board must not, without the prior approval of the minister, acquire, hold or dispose of land except in accordance with a trust fund plan under subsection (1) that has been approved by the minister.

Audit

45  (1) The minister may appoint an auditor to audit the accounts and transactions of the trust fund board.

(2) If the minister does not appoint an auditor under subsection (1), the trust council must appoint an auditor for the trust fund board.

(3) Division 2 [Audit] of Part 6 of the Community Charter applies to the trust fund board.

(4) The auditor must report to the trust fund board, the trust council and the minister.

(5) [Repealed 2003-52-139.]

Annual report

46  Each year, the trust fund board must prepare and submit to the trust council a report respecting the previous fiscal year that includes

(a) an audited balance sheet and statement of receipts and expenditures,

(b) a report of the operations of the trust fund board and the management of the assets of the trust fund,

(c) a schedule of all assets held in trust and their valuation, and

(d) other particulars required by the minister.

Part 7 — Recovery of Costs

Requisitions, apportionment and tax rates

47  (1) In this Part:

"converted value of land and improvements" means the net taxable value of land and improvements multiplied by a percentage prescribed for the purposes of this section;

"improvements" means improvements as defined in the Assessment Act;

"local trust area" includes the area for which the executive committee acts as local trust committee under section 23 (5);

"net taxable value of land and improvements" means the net taxable value of land and improvements for hospital district purposes;

"property value tax" means a tax on the net taxable value of land and improvements that is levied by means of a variable tax rate system under which individual tax rates are determined and imposed for each class of property prescribed under section 19 of the Assessment Act.

(2) On or before April 25 in each year, the minister may deliver requisitions

(a) to the Minister of Finance in relation to

(i)   the cost of operations of the trust council and the executive committee, except the operations of the executive committee acting as a local trust committee under section 23 (5), and the administrative operations of the trust fund board, and

(ii)   the cost of operations of the local trust committees, and

(b) to each municipality in the trust area in relation to

(i)   the cost of operations of the trust council and the executive committee, except the operations of the executive committee acting as a local trust committee under section 23 (5), and

(ii)   the cost of administrative operations of the trust fund board.

(3) Requisitions

(a) under subsection (2) (a) (i) and (b) must be for the purpose of recovering part of the amount appropriated by the Legislature to carry out the operations referred to in those provisions, and

(b) under subsection (2) (a) (ii) must be for the purpose of recovering all of the amount appropriated by the Legislature to carry out the operations referred to in that provision.

(4) Subject to subsection (5), a requisition under subsection (2) (a) (ii) must be made in respect of all local trust areas.

(5) If the annual budget sets out anticipated expenditures under section 14 (3) (c) (iii) relating to additional operations of a local trust committee, a special requisition under subsection (2) (a) (ii) of this section may be made in respect of the local trust area.

(6) The amount that is to be recovered by means of requisitions under subsections (2) (a) (i) and (2) (b) must be apportioned between the municipalities and the local trust areas on the basis of the converted value of land and improvements in the trust area.

(7) The British Columbia Assessment Authority must, as soon as practicable after the relevant information is available, provide to the secretary and the minister

(a) the net taxable value of land and improvements, and

(b) the converted value of land and improvements

in each local trust area and each municipality, all or part of which is in the trust area.

Collection outside municipalities

48  (1) The Minister of Finance must, on receiving a requisition under section 47 (2) (a) (i) or (ii), direct that the amount requisitioned be recovered by means of a property value tax levied in the part of the trust area in respect of which the requisition is made.

(2) The exemptions in sections 129 to 131 of the School Act apply for the purposes of this section.

(3) A tax levied under this section must be collected under and in accordance with the Taxation (Rural Area) Act as if it were a tax imposed under that Act and the provisions of that Act respecting the assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes levied under this section.

Collection in municipalities

49  (1) Subject to subsection (2), if a municipality receives a requisition under section 47 (2) (b), the municipality must recover the amount requisitioned by means of a property value tax levied in the municipality.

(2) The exemptions in sections 129 to 131 of the School Act apply for the purposes of this section.

(3) The amount referred to in subsection (1) is a debt due by the municipality to the government and must be paid by the council of the municipality to the Minister of Finance on or before August 1 of the current year.

Part 7.1 — Natural Area Protection Tax Exemptions

Definitions

49.1  For the purposes of this Part:

"eligible natural area property" means land that meets all the following requirements:

(a) it must be in an area designated under section 49.2;

(b) it must be land in relation to which there is one or more natural area values or amenities prescribed under section 53 (2) (k);

(c) it must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of values or amenities referred to in paragraph (b) of this definition;

(d) the trust council, a local trust committee or the trust fund board must be a covenantee in whose favour the protection covenant is made;

(e) any other requirements prescribed under section 53 (2) (k);

"natural area exemption certificate" means a certificate under section 49.3 that is in effect;

"protection covenant" means a covenant referred to in paragraph (c) of the definition of "eligible natural area property".

Designation of eligible areas

49.2  (1) The trust council may, by bylaw, designate all or part of a local trust area or a municipality as an area for which tax exemptions may be provided under this Part.

(2) Before adopting a bylaw under subsection (1), the trust council must obtain the consent of the regional district and, if applicable, the municipality in which the designated area is located.

(3) Before removing a designation under subsection (1), the trust council must give notice to the owner of any property within the affected area for which there is a natural area exemption certificate.

Tax exemption certificates

49.3  (1) For the purposes of protecting the natural area values or amenities of an eligible natural area property, the trust council may direct the secretary to issue a natural area exemption certificate for the property.

(2) A natural area exemption certificate must

(a) specify the tax exemption for the eligible natural area property in accordance with the regulations under section 53 (2) (k), and

(b) state that the property may be subject to tax recapture charges under section 49.7 if the certificate is cancelled.

(3) If a natural area exemption certificate is issued, the tax exemption under this section takes effect

(a) if the certificate is issued on or before October 31 in a year, in the next calendar year, or

(b) if the certificate is issued after October 31 in a year, in the year following the next calendar year.

(4) So long as a natural area exemption certificate has not been cancelled, the eligible natural area property is exempt, to the extent provided by the regulations under section 53 (2) (k) as they read on the date on which the certificate was issued, from taxation under this Act and the following Acts:

(a) the Local Government Act;

(a.1) the Community Charter;

(b) the Taxation (Rural Area) Act;

(c) the School Act;

(c.1) the Police Act;

(d) the Assessment Authority Act;

(e) the Municipal Finance Authority Act;

(f) the Hospital District Act;

(g) the South Coast British Columbia Transportation Authority Act.

(5) So long as eligible natural area property is exempt under subsection (4), the property

(a) is deemed, for the purposes of the Assessment Act, to be property that is classified under that Act as Class 1 property, and

(b) is not eligible for a tax exemption under section 130 of the School Act.

Cancellation of tax exemption certificate

49.4  (1) A natural area exemption certificate

(a) may be cancelled by the trust council on the request of the property owner,

(b) may be cancelled by the trust council under section 49.5 if there is a contravention of the protection covenant,

(c) is cancelled automatically if the protection covenant is discharged, and

(d) is cancelled automatically if the area is no longer designated under section 49.2.

(2) If a natural area exemption certificate is cancelled, the tax exemption under section 49.3 ends,

(a) if the certificate is cancelled on or before October 31 in a year, in the next calendar year, or

(b) if the certificate is cancelled after October 31 in a year, in the year following the next calendar year.

Cancellation for contravention of covenant

49.5  (1) If there is a contravention of any of the provisions of a protection covenant, the trust council may cancel the natural area exemption certificate.

(2) Before exercising its authority under subsection (1), the trust council must

(a) give notice to the owner of the property, identifying the deadline for the owner to submit a response to the council, and

(b) consider any response received from the owner before the deadline.

Discharge of protection covenants

49.6  (1) The trust council may not discharge a protection covenant in relation to which a natural area exemption certificate has been issued until notice of the proposed discharge has been published in accordance with subsection (2).

(2) Notice of a proposed discharge must be published in accordance with this section in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established by the trust council for the purposes of subsection (3) (c).

(3) The notice must include the following:

(a) a description of the protection covenant to be discharged;

(b) identification of the property to which the protection covenant applies and the natural area values and amenities to which it relates;

(c) the deadline for submitting comments on the proposed discharge to the trust council.

Recapture charge if tax exemption cancelled

49.7  (1) If a natural area exemption certificate is cancelled, except in the case of a cancellation under section 49.4 (1) (d)[area no longer designated], the owner of the property must pay to the Minister of Finance the amount referred to in subsection (2) of this section.

(2) The amount payable under subsection (1) is the amount equivalent to the total of the following:

(a) as applicable,

(i)   the amount determined in accordance with the regulations under section 53 (2) (k), or

(ii)   if no provision is made in the regulations, the difference between

(A)  the taxes that would have been payable if no natural area exemption certificate had been issued and no protection covenant applied to the property, and

(B)  the taxes that were in fact payable on the property;

(b) as applicable,

(i)   interest determined in accordance with the regulations under section 53 (2) (k), or

(ii)   if no provision is made in the regulations, interest from the time at which the taxes referred to in paragraph (a) (ii) (A) would have been payable if no natural area exemption certificate had been issued and no protection covenant applied to the property, compounded annually at the rate referred to in section 245 (1) (b)[taxes in arrear] of the Community Charter;

(c) if applicable, the penalty prescribed under section 53 (2) (k).

(3) As an exception to subsection (1), the trust council may, by bylaw adopted

(a) with the approval of the Minister of Finance, and

(b) by at least 2/3 of the votes cast,

waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(4) If an amount payable by an owner under this section is not paid to the Minister of Finance by December 31 in the year in which it becomes payable, section 258[special fees that may be collected as property taxes] of the Community Charter applies to the amount.

(5) The Minister of Finance may distribute amounts received under this section to the applicable taxing authorities in accordance with the regulations under section 53 (2) (k).

Notice of certificate or cancellation

49.8  (1) As soon as possible after a natural area exemption certificate is issued, the secretary must provide to the assessor for the area in which the property is located

(a) a copy of the certificate, and

(b) a copy of the protection covenant to which the certificate relates.

(2) As soon as possible after a natural area exemption certificate is cancelled, the secretary must notify

(a) the assessor for the area in which the property is located, and

(b) the Minister of Finance.

(3) Within 30 days after a natural area exemption certificate is issued or cancelled, the secretary must file notice of the certificate or cancellation in the land title office, and for this purpose section 976 of the Local Government Act applies.

Part 8 — General

Repealed

50  [Repealed 2000-11-13.]

Inquiries

51  The Inspector of Municipalities may hold an inquiry respecting the trust council, a local trust committee or the trust fund board, or any part of the business of those corporations, and, for those purposes, section 1021 of the Local Government Act applies.

Report to Legislative Assembly

52  The minister must lay the report of the trust council under section 19 before the Legislative Assembly directly, if it is then sitting, or, if it is not then sitting, within 15 days after the beginning of the first session in the following calendar year.

Power to make regulations

53  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) amending Schedule B;

(b) designating an island or group of islands as a local trust area;

(c) specifying boundaries surrounding an island or group of islands for the purpose of including other islands located within the boundaries as part of a local trust area;

(d) respecting remuneration and reimbursement for expenses of trustees;

(e) respecting the election of the executive committee and members of the trust fund board;

(f) respecting the trust fund and the activities of the trust fund board for the purposes of section 41 (1) (a);

(g) exempting from the application of siting and use permit requirements under section 31 (2) (a)

(i)   land or buildings and structures, or both, and

(ii)   classes of land or buildings and structures, or both;

(h) prescribing percentages for the purpose of determining the converted value of land and improvements, as defined in section 47 (1) and, for that purpose, may prescribe different percentages for different classes of property under the Assessment Act;

(i) resolving any conflict between this Act and the Community Charter or Local Government Act;

(j) making further provisions of the Community Charter or Local Government Act apply under this Act in relation to one or more of the bodies of the trust referred to in section 4 (1) and in relation to this, provide exceptions to or modifications of a provision of that Act.

(k) in relation to Part 7.1[Natural Area Protection Tax Exemptions],

(i)   prescribe natural area values or amenities for the purposes of that Part,

(ii)   establish additional requirements for land to be considered eligible natural area property,

(iii)   prescribe formulas for determining tax exemptions under that Part,

(iv)   establish how amounts received by the Minister of Finance under section 49.7 are to be distributed,

(v)   prescribe how a recapture amount under section 49.7 (2) (a) is to be determined,

(vi)   prescribe how interest under section 49.7 (2) (b) is to be determined, and

(vii)   prescribe penalties payable under section 49.7 (2) (c).

(3) Regulations under subsection (2) (k) (i) to (iv) may be different for

(a) different types of property,

(b) different natural area values and amenities,

(c) different types or conditions of protection covenants, and

(d) different areas designated under section 49.2.

Additional powers and exceptions may be granted to a trust body

54  (1) In this section, "trust body" includes

(a) the executive committee,

(b) a specified local trust committee or a described class of local trust committees,

(c) the trust council, and

(d) the trust fund board.

(2) Despite this or any other Act, the Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a trust body or class of trust bodies:

(a) provide a power, including a power to regulate, prohibit or impose requirements;

(b) provide an exception to or a modification of a requirement or condition established by an enactment;

(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding a power, modification or exception under this section;

(d) authorize a minister to establish any terms and conditions the minister considers appropriate regarding a power, modification or exception under this section.

(3) Without limiting subsection (2), a regulation made under this section may provide a trust body with the power to delegate a power given under this section, or to transfer a benefit received under this section, to one or more of the other trust bodies.

(4) As restrictions, a regulation made under this section must not do any of the following:

(a) confer an authority otherwise available to a trust body;

(b) override an absolute prohibition contained in an enactment;

(c) confer an authority to impose a new tax;

(d) confer an authority to grant a new tax exemption;

(e) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors.

Bylaws continued

55  (1) All bylaws that were adopted under the Islands Trust Act, R.S.B.C. 1979, c. 290, as it read immediately before its repeal on April 1, 1990 remain in force, and may be repealed, amended or enacted again as if they had been adopted by the applicable local trust committee.

(2) An official community plan, subdivision bylaw, zoning bylaw or land use contract adopted by a municipality or regional district prior to January 1, 1978

(a) remains in force to the extent that it applies to land within a local trust area, and

(b) may be repealed, amended or enacted again by the local trust committee

as if it had been adopted by the local trust committee.

(3) A bylaw under section 694 (1) (j) or 723 of the Local Government Act, or under section 930 (1) (d) or (e) of the Municipal Act, R.S.B.C 1979, c. 290, as it read before section 930.1 of that Act came into force, that was adopted by a municipality or regional district before this Act came into force

(a) remains in force to the extent that it applies to a local trust area, and

(b) may be repealed, amended or enacted again by the local trust committee

as if it had been adopted by the local trust committee.

Approval of minister required for zoning bylaws

56  A zoning bylaw or an amendment of a zoning bylaw of a local trust committee

(a) adopted after March 31, 1990, and

(b) respecting land that is not covered by an official community plan bylaw approved by the minister after March 31, 1990

has no effect until it is approved by the minister.

Schedule A

All the land, except land situated within a reserve as defined in the Indian Act (Canada), on all the islands situated in the Strait of Georgia, Howe Sound and Haro Strait lying to the South of a line commencing at the most easterly corner of Lot 140, Comox District, being a point on the high water mark on the easterly shore of Vancouver Island; thence South 70º East in a straight line to the point of intersection with the middle line of Sabine Channel; then in a general southeasterly direction along the middle line and passing to the northeast of Jervis, Paul and Jedediah Islands and continuing southeasterly along the southeasterly prolongation of the middle line of Sabine Channel to the point of intersection with a straight line drawn from the most southerly extremity of Young Point (Lasqueti Island) to the most southerly southwest corner of Lot 6274, Group 1, New Westminster District; then northeasterly along the line to the most southerly southwest corner of Lot 6274 and North of a line commencing at the northwest corner of Section 74A, Lake District, being a point on the high water mark on the easterly shore of the Saanich Peninsula; then East to the point of intersection with the easterly boundary of the Province of British Columbia, excepting from the above described area those islands lying within the boundaries of the City of Vancouver, the City of Nanaimo and the District Municipalities of Delta and Richmond.

Schedule B

Denman Island. Hornby Island. Saltspring Island.
Gabriola Island. Lasqueti Island. Saturna Island.
Galiano Island. Mayne Island. South Pender Island.
Gambier Island. North Pender Island. Thetis Island.