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Community Charter

[SBC 2003] CHAPTER 26

Assented to May 29, 2003

Contents
Part 1 — Principles, Purposes and Interpretation
1Principles of municipal governance
2Principles of municipal-provincial relations
3Purposes of Act
4Broad interpretation
5Definitions and other interpretation rules
Part 2 — Municipal Purposes and Powers
 Division 1 — Purposes and Fundamental Powers
6Municipalities and their councils
7Municipal purposes
8Fundamental powers
9Spheres of concurrent authority
 Division 2 — Scope of Jurisdiction
10Relationship with Provincial laws
11Area of jurisdiction
 Division 3 — Ancillary Powers
12Authority to establish variations, terms and conditions
13Services outside municipality
13.1Services within treaty lands
14Intermunicipal service, regulatory and other schemes
15Licensing and standards authority
16Authority to enter on or into property
17Municipal action at defaulter's expense
18Authority to discontinue providing a service
19Requirements for security to be paid to municipality
20Emergency powers
Part 3 — Additional Powers and Limits on Powers
 Division 1 — Partnering and Other Agreements
21Partnering agreements
22Agreements granting exclusive or limited franchises
23Agreements with other public authorities
 Division 2 — Restrictions on Providing Assistance
24Publication of intention to provide certain kinds of assistance
25General prohibition against assistance to business and exceptions
 Division 3 — Municipal Property
26Notice of proposed property disposition
27Exchange or other disposal of park land
28Disposal of water systems, sewage systems and other utilities
29Municipal ownership of subdivision park land
30Reservation and dedication of municipal property
 Division 4 — Expropriation and Compensation
31General expropriation power
32Authority to enter on and use property
33Compensation for expropriation and other actions
34Appropriation of stream channel or bed without compensation
 Division 5 — Highways
35Ownership and possession of highways
36General authority in relation to highways
37Intermunicipal boundary highways
38Temporary traffic restriction and traffic control
39Additional powers in relation to highways
40Permanent closure and removal of highway dedication
41Restrictions in relation to highway disposition, closure or alteration
42Agreements respecting compensation for extraordinary traffic
43Agreements respecting municipal equipment on utility poles
44Agreements to reserve land for highway purposes
45Highway construction and dikes
46Use of highways and public places
 Division 6 — Animal Control
47Classes of animals
48Seizure and related powers
49Special powers in relation to dangerous dogs
 Division 7 — Authority in Relation to Trees
50Restrictions in relation to authority
51Compensation not payable
52Right to reconsideration by council
 Division 8 — Building Regulation
53General authority in relation to buildings and other structures
54Building permits and occupancy permits
55Requirement for professional certification
56Requirement for geotechnical report
57Note against land title that building regulations contravened
58Cancellation of note against land title
 Division 9 — Business Regulation
59Powers to require and prohibit
60Business licence authority
61Restriction on authority to require examination or certification
 Division 10 — Other Spheres
62Public place powers
63Protection of persons and property
64Nuisances, disturbances and other objectionable situations
65Signs and other advertising
 Division 11 — Other Powers
66Fire chief powers
67Disposal of property in police possession
68Restriction on authority to fluoridate
69Specific authority in relation to drainage, sewage and dikes
70Drainage control
71Orders and awards respecting drainage or reclamation works
 Division 12 — Remedial Action Requirements
72Council may impose remedial action requirements
73Hazardous conditions
74Declared nuisances
75Harm to drainage or dike
76Time limit for compliance
77Notice to affected persons
78Person affected may request reconsideration by council
79Shorter time limits in urgent circumstances
80Recovery of municipal costs through sale of property
Part 4 — Public Participation and Council Accountability
 Division 1 — Elections, Petitions and Community Opinion
81Election proceedings
82Petitions to council
83Council may seek community opinion
 Division 2 — Approval of the Electors
84Approval of the electors
85Assent of the electors
86Alternative approval process
87Matters requiring approval or assent may be combined
88Agreements requiring approval or assent
 Division 3 — Open Meetings
89General rule that meetings must be open to the public
90Meetings that may or must be closed to the public
91Other persons attending closed meetings
92Requirements before meeting is closed
93Application of rules to other bodies
 Division 4 — Public Notice and Access to Records
94Requirements for public notice
95Public access to municipal records
96Agreements that require elector approval or assent
97Other records to which public access must be provided
 Division 5 — Reporting
98Annual municipal report
99Annual meeting on report
 Division 6 — Conflict of Interest
100Disclosure of conflict
101Restrictions on participation if in conflict
102Restrictions on inside influence
103Restrictions on outside influence
104Exceptions from conflict restrictions
105Restrictions on accepting gifts
106Disclosure of gifts
107Disclosure of contracts with council members and former council members
108Restrictions on use of insider information
109Court order for person to give up financial gain
 Division 7 — Disqualification
110Circumstances in which a person is disqualified from office on council
111Application to court for declaration of disqualification
112Status of person subject to an application
113Costs of an application
Part 5 — Municipal Government and Procedures
 Division 1 — Council Roles and Responsibilities
114Council as governing body
115Responsibilities of council members
116Responsibilities of mayor
117Duty to respect confidentiality
118Size of council
119Term of office for council members
120Oath or affirmation of office
121Resignation from office
 Division 2 — Council Proceedings
122Exercise of powers by bylaw or resolution
123General voting rules
124Procedure bylaws
125Council meetings
126Calling of special council meetings
127Notice of council meetings
128Electronic meetings and participation by members
129Quorum for conducting business
130Designation of member to act in place of mayor
131Mayor may require council reconsideration of a matter
132Authority of presiding member
133Expulsion from meetings
134Authority to compel witnesses
134.1Meetings and hearings outside municipality
 Division 3 — Bylaw Procedures
135Requirements for passing bylaws
136When a bylaw comes into force
137Power to amend or repeal
138Municipal codes and other general bylaws
139Consolidation of bylaws
140Revision of bylaws
 Division 4 — Committees, Commissions and Other Bodies
141Standing committees of council
142Select committees of council
143Municipal commissions
144Authority to rescind appointment
145Application of procedure rules to other bodies
 Division 5 — Officers and Employees
146Officer positions
147Chief administrative officer
148Corporate officer
149Financial officer
150General employment matters
151Suspension of officers and employees
152Termination of officers
153Prohibition against interfering with municipal officers and employees
 Division 6 — Delegation
154Delegation of council authority
155Special rules respecting delegation of hearings and other proceedings
156Reconsideration of delegate's decisions
 Division 7 — Other Matters
157Municipal days of recognition
158Freedom of the municipality
159Notice to municipality
160Notice by municipality: obligation satisfied if reasonable effort made
161Court order allowing substituted service
162Certified copies of municipal records
163Evidence of municipal bylaws and other records
Part 6 — Financial Management
 Division 1 — Financial Planning and Accountability
164Fiscal year
165Financial plan
166Public process for development of financial plan
167Annual financial statements
168Reporting of council remuneration, expenses and contracts
 Division 2 — Audit
169Municipal auditor
170Audit committee
171Auditor's reports
172Complaints to council or auditor about financial affairs
 Division 3 — Expenditures, Liabilities and Investments
173Limit on expenditures
174Limit on borrowing and other liabilities
175Liabilities under agreements
176Liabilities imposed under prescribed enactments
177Revenue anticipation borrowing
178Short term capital borrowing
179Loan authorization bylaws for long term borrowing
180Elector approval required for some loan authorization bylaws
181Temporary borrowing under loan authorization bylaw
182Municipal financing through regional district
183Investment of municipal funds
184Property accepted in trust
185Ownership of corporations
186Self insurance
187Indemnification against proceedings
 Division 4 — Reserve Funds
188Establishment of reserve funds
189Use of money in reserve funds
 Division 5 — Restrictions on Use of Municipal Funds
190Purposes for which borrowed money may be used
191Liabilities for use of money contrary to Act
Part 7 — Municipal Revenue
 Division 1 — General
192General revenue sources
193Authority for fees and taxes
193.1Interest calculation
 Division 2 — Fees
194Municipal fees
195Fees in relation to soil removal and deposit
196Fees in relation to fire and security alarm systems
 Division 3 — Property Value Taxes
197Annual property tax bylaw
198Assessment averaging and phasing options
199Property tax rates regulations
 Division 4 — Parcel Taxes
200Parcel tax bylaw
201Property subject to parcel tax
202Parcel tax roll for purpose of imposing tax
203Content of parcel tax roll
204Parcel tax roll review panel
205Review panel to hear complaints and make corrections
206Authentication of parcel tax roll
207Appeal to Supreme Court from review panel decision
208Updating the parcel tax roll
209Validity of parcel tax roll
 Division 5 — Local Service Taxes
210Authority for local area services
211Requirements for establishing a local area service
212Petition for local area service
213Local area service on council initiative — subject to petition against
214Local area service on council initiative — subject to elector assent
215Business improvement areas
216Local service taxes
217Borrowing in relation to a local area service
218Enlargement or reduction of local service area
219Merging of local service areas
 Division 6 — Statutory Exemptions
220General statutory exemptions
221Grandparented pollution abatement exemptions
221.1Grandparented dust and particulate matter eliminator exemptions
222Phased farm property tax exemption
223Exemptions under regulations
 Division 7 — Permissive Exemptions
224General authority for permissive exemptions
225Partnering, heritage, riparian and other special exemption authority
226Revitalization tax exemptions
227Notice of permissive tax exemptions
 Division 8 — Tax Liability of Occupiers
228Taxation of Crown land used by others
229Taxation of municipal land used by others
230Taxation of occupier of exempt land
 Division 9 — General Revenue Collection Authority
231Recovery of taxes and fees
232Collection agreements with other taxing authorities
 Division 10 — Property Tax Due Dates and Tax Notices
232.1Definition and application of section 160
233Options for tax due dates
234General tax collection scheme
235Alternative municipal tax collection scheme
236Owner may elect which scheme to use
237General tax notices
238Persons may request copies of tax notices
 Division 11 — Adjustments to Taxes
239Interest on overpayment of taxes
240Adjustments for assessment changes
241Taxation based on supplementary roll
242Apportionment of property value taxes if land subdivided
243Apportionment of parcel taxes if land subdivided
 Division 12 — Payment of Taxes
244Application of tax payments
245Taxes in arrear
246Delinquent taxes
247Treatment of outstanding taxes on subdivision or cancellation of subdivision
248Statement of outstanding taxes
249Certificate of outstanding taxes
 Division 13 — Recovery of Taxes
250Taxes are a special charge on the land
251Liability of assessed owner
252Recovery of taxes by the legal remedy of distress
253Power to accept real property in place of taxes
254Tax sales
255Notice of delinquent taxes on Crown land
256Recovery of taxes on Crown land subject to an agreement for sale
257Recovery of taxes on Crown land held under lease or licence
 Division 14 — Recovery of Special Fees
258Special fees may be collected as property taxes
259Special fees that are liens against property
Part 8 — Bylaw Enforcement and Related Matters
 Division 1 — Bylaw Enforcement
260Enforcement powers
261Payment of fines and other penalties to municipality
262Recovery of penalty and costs by legal remedy of distress
 Division 2 —  Offence Act Prosecutions
263Penalties in relation to Offence Act prosecutions
263.1Additional sentencing powers in relation to Offence Act prosecutions
 Division 3 — Ticketing for Bylaw Offences
264Ticket offences
265Penalties in relation to ticket offences
266Laying information and serving ticket
267Choice of paying fine or disputing ticket
268Effect of paying fine
269Hearing of dispute
270Failure to appear at hearing
271Failure to respond to ticket
272Time extensions if person not at fault in failing to respond or appear
273Regulations in relation to ticket offences
 Division 4 — Enforcement by Civil Proceedings
274Actions by municipality
 Division 5 — Other Matters
275Entry warrants
Part 9 — Governmental Relations
 Division 1 — Provincial-Municipal Relations
276Required consultations
277Consultation agreements
278Enforcement of obligations
279No forced amalgamations
 Division 2 — Provincial Regulations
280Regulations providing exemptions from approval requirements
281Regulations providing additional powers and exceptions
282General regulation authority
283Variation authority
 Division 3 — Dispute Resolution
284Request for assistance in relation to intergovernmental dispute
285Voluntary binding arbitration
286Mandatory binding arbitration
287Final proposal arbitration
288Full arbitration
289General provisions regarding arbitration process
290Implementation of arbitrator's decision
291Regulations respecting arbitrations
292Commencement
Schedule