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Community Charter

[SBC 2003] CHAPTER 26

Part 3 — Additional Powers and Limits on Powers

Division 1 — Partnering and Other Agreements

Partnering agreements

21  If a municipality enters into a partnering agreement for the provision of a service on behalf of the municipality, the council may

(a) provide assistance, other than tax exemptions, to a business in accordance with the agreement, and

(b) provide assistance by way of a tax exemption in accordance with Division 7 [Permissive Exemptions] of Part 7 [Municipal Revenue].

Agreements granting exclusive or limited franchises

22  (1) A council may, by bylaw adopted with the approval of the electors, enter into an agreement that grants an exclusive or limited franchise for the provision of one or more of the following in accordance with the agreement:

(a) a public transportation system;

(b) water through a water supply system;

(c) sewage disposal through a sewage system;

(d) gas, electrical or other energy supply system.

(2) The maximum term of an initial agreement or a renewal agreement under this section is 21 years.

Agreements with other public authorities

23  (1) A council may make agreements with a public authority respecting

(a) activities and services within the powers of a party to the agreement, including agreements respecting the undertaking, provision and operation of activities and services,

(b) operation and enforcement in relation to the exercise of authority to regulate, prohibit and impose requirements within the powers of a party to the agreement, and

(c) the management of property or an interest in property held by a party to the agreement.

(2) An agreement between a municipality and a public authority in another country respecting the provision and operation of works and services has no effect unless it is approved by the Lieutenant Governor in Council.

Division 2 — Restrictions on Providing Assistance

Publication of intention to provide certain kinds of assistance

24  (1) A council must give notice in accordance with section 94 [public notice] of its intention to provide any of the following forms of assistance to a person or organization:

(a) disposing of land or improvements, or any interest or right in or with respect to them, for less than market value;

(b) lending money;

(c) guaranteeing repayment of borrowing or providing security for borrowing;

(d) assistance under a partnering agreement.

(2) The notice must be published before the assistance is provided and must

(a) identify the intended recipient of the assistance, and

(b) describe the nature, term and extent of the proposed assistance.

General prohibition against assistance to business and exceptions

25  (1) Unless expressly authorized under this or another Act, a council must not provide a grant, benefit, advantage or other form of assistance to a business, including

(a) any form of assistance referred to in section 24 (1) [publication of intention to provide certain kinds of assistance], or

(b) an exemption from a tax or fee.

(2) A council may provide assistance to a business for one or more of the following purposes:

(a) acquiring, conserving and developing heritage property and other heritage resources;

(b) gaining knowledge and increasing public awareness about the community's history and heritage;

(c) any other activities the council considers necessary or desirable with respect to the conservation of heritage property and other heritage resources.

(3) A council may, by an affirmative vote of at least 2/3 of all the members of council, provide assistance to a business for the conservation of any of the following property:

(a) property that is protected heritage property;

(b) property that is subject to a heritage revitalization agreement under section 610 of the Local Government Act ;

(c) property that is subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.

Division 3 — Municipal Property

Notice of proposed property disposition

26  (1) Before a council disposes of land or improvements, it must publish notice of the proposed disposition in accordance with section 94 [public notice].

(2) In the case of property that is available to the public for acquisition, notice under this section must include the following:

(a) a description of the land or improvements;

(b) the nature and, if applicable, the term of the proposed disposition;

(c) the process by which the land or improvements may be acquired.

(3) In the case of property that is not available to the public for acquisition, notice under this section must include the following:

(a) a description of the land or improvements;

(b) the person or public authority who is to acquire the property under the proposed disposition;

(c) the nature and, if applicable, the term of the proposed disposition;

(d) the consideration to be received by the municipality for the disposition.

Exchange or other disposal of park land

27  (1) This section applies to land vested in a municipality under

(a) section 29 [subdivision park land] of this Act,

(b) section 510 (13) [provision of park land in relation to subdivision] of the Local Government Act , or

(c) section 567 (5) (a) [provision of park land in place of development cost charges] of the Local Government Act .

(2) A council may, by bylaw adopted with the approval of the electors,

(a) dispose of all or part of the land in exchange for other land suitable for a park or public square, or

(b) dispose of the land, provided that the proceeds of the disposal are to be placed to the credit of a reserve fund under section 188 (2) (b) [park land acquisition reserve fund].

(3) Land taken in exchange by a municipality under this section is dedicated for the purpose of a park or public square and the title to it vests in the municipality.

(4) A transfer of land by a municipality under this section has effect free of any dedication to the public for the purpose of a park or a public square and section 30 (3) [removal of park dedication] does not apply.

Disposal of water systems, sewage systems and other utilities

28  (1) This section applies to works for one or more of the following:

(a) the supply, treatment, conveyance, storage and distribution of water;

(b) the collection, conveyance, treatment and disposal of sewage;

(c) the supply and distribution of gas or electrical energy;

(d) a transportation system;

(e) a telephone system, closed circuit television system or television rebroadcasting system.

(2) A council has unrestricted authority to dispose of works referred to in subsection (1) if

(a) the works are no longer required for the purpose described in subsection (1), or

(b) the works are disposed of to another municipality in the same regional district or to the regional district.

(3) In the case of works referred to in subsection (1) (a) or (b) that are used by a municipality to provide a water or sewer service, the council may only dispose of the works if

(a) an agreement under which the water or sewer service will continue for a period specified in the agreement is in effect, and

(b) the intended disposition and agreement receives the assent of the electors.

(4) In the case of works other than those referred to in subsections (2) and (3), the council may only dispose of the works with the approval of the electors.

Municipal ownership of subdivision park land

29  (1) Land in a municipality that is dedicated to the public for the purpose of a park or a public square by a subdivision plan, explanatory plan or reference plan deposited in the land title office is vested in the municipality for that purpose.

(2) The vesting under subsection (1) is subject to the exceptions described in section 107 (1) (d) of the Land Title Act as if the vesting were under that section.

Reservation and dedication of municipal property

30  (1) A council may, by bylaw, reserve or dedicate for a particular municipal or other public purpose real property owned by the municipality.

(2) As a restriction, a bylaw under subsection (1) that reserves or dedicates property

(a) as a park or public square, or

(b) for purposes related to heritage or heritage conservation,

may only be adopted by an affirmative vote of at least 2/3 of all the members of council.

(3) A bylaw that removes a reservation or dedication referred to in subsection (2) may only be adopted with the approval of the electors.

(4) A bylaw that removes a reservation or dedication under subsection (1), other than one referred to in subsection (2), may only be adopted after the council

(a) gives notice of its intention in accordance with section 94 [public notice], and

(b) provides an opportunity for persons who consider that they are affected by the bylaw to make representations to council.

(5) Bylaws adopted or works undertaken by a council that directly affect property reserved or dedicated under this section must be consistent with the purpose for which the property is reserved or dedicated.

(6) A reservation or dedication under this section does not commit or authorize a council to proceed with implementation of the purpose for which the property is reserved or dedicated.

Division 4 — Expropriation and Compensation

General expropriation power

31  (1) For the purpose of exercising or performing its powers, duties and functions, a municipality may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act .

(2) Without limiting subsection (1), in addition to the rights conferred on licensees under sections 32 [licensee's right to expropriate land] and 33 [licensee's rights when owner refuses compensation] of the Water Sustainability Act , a municipality may expropriate

(a) a licence authorizing the diversion of water from a stream or an aquifer that is suitable for a water supply for the municipality, and

(b) any work constructed or used under authority of the licence.

(3) The powers under subsections (1) and (2) also apply to property outside the municipality for the purposes of

(a) a service provided by the municipality to an area outside the municipality, or

(b) establishing and managing quarries, sand pits or gravel pits to acquire material for municipal works.

Authority to enter on and use property

32  (1) Without limiting section 31 [expropriation power], a municipality may, for the purposes of one or more services of the municipality,

(a) enter on, break up, alter, take or enter into possession of and use real property, and

(b) construct works through, under or over real property.

(2) If a municipality provides a service outside the municipality, the power under subsection (1) applies to property outside the municipality in relation to that service.

(3) If a council considers that real property may be injuriously affected by the exercise of a council power, the municipality may enter on real property and undertake works of construction, maintenance or repair in mitigation of injury done or anticipated, or in reduction of compensation.

(4) In addition to the authority under subsection (1) (b), a municipality may construct works through, under or over land adjoining a highway for the protection of the highway from damage by water.

(5) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property].

Compensation for expropriation and other actions

33  (1) Unless expressly provided otherwise, if a municipality expropriates real property or works under this or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any benefit that the person claiming the compensation may derive from the work resulting from the expropriation.

(2) If a municipality

(a) exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and

(b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act ,

compensation is payable for any loss or damages caused by the exercise of the power.

(3) For the purposes of subsection (2), compensation must be paid as soon as reasonably possible in an amount set

(a) by agreement between the person claiming compensation and the municipality, or

(b) if no agreement is reached, by the Supreme Court.

Appropriation of stream channel or bed without compensation

34  (1) A council may appropriate the land constituting the channel or bed of a stream that passes through the municipality, without compensation to the owner, for the purpose of constructing one or more of the following:

(a) dikes;

(b) works to maintain the proper flow of water in a stream, ditch, drain or sewer in the municipality;

(c) works to reclaim or to protect part of the land mass of the municipality from erosion by action of the sea or a stream or by any other cause;

(d) works to protect all or part of the banks of the stream from erosion or damage;

(e) works to make a watercourse part of the municipal drainage system, whether the watercourse is on municipal land, private land or a highway;

(f) works through, under or over land adjoining a highway to protect the highway from damage by water.

(2) Before exercising the power under subsection (1), the council must, by bylaw, define the channel or bed of the stream.

(3) A certified copy of every bylaw under subsection (2), together with a plan showing the channel or bed of the stream as defined in the bylaw, must be filed in the land title office.

Division 5 — Highways

Ownership and possession of highways

35  (1) Subject to this section,

(a) the soil and freehold of every highway in a municipality is vested in the municipality, and

(b) in the case of a highway in a municipality that is not vested under paragraph (a), the right of possession of the highway is vested in the municipality.

(2) Subsection (1) (a) does not apply to the following:

(a) Provincial arterial highways, including the intersection between a Provincial arterial highway and another highway and any interchange between a Provincial arterial highway and another highway;

(b) highways referred to in section 23 (1) of the South Coast British Columbia Transportation Authority Act ;

(c) highways in a park, conservancy, recreation area or ecological reserve established under the Park Act , the Ecological Reserve Act or the Protected Areas of British Columbia Act or an area to which an order under section 7 (1) of the Environment and Land Use Act applies;

(d) highways in a regional park;

(e) a regional trail, other than a regional trail that is part of the road system regularly used by vehicle traffic;

(f) land, including the improvements on it, on which Provincial works such as ferry terminals, gravel pits, weigh scales and maintenance yards are located;

(g) roads referred to in section 24 of the Forest and Range Practices Act that have not been declared to be public highways;

(h) highways vested in the federal government;

(i) in relation to a reserve as defined in the Indian Act (Canada), highways in the reserve or that pass through the reserve;

(j) public rights of way on private land.

(3) Subsection (1) (b) does not apply to highways referred to in subsection (2) (a) to (h).

(4) The vesting under subsection (1) (a) and the right of possession under subsection (1) (b)

(a) are not adversely affected or derogated from by prescription in favour of any other occupier, and

(b) are subject to any rights reserved by the persons who laid out the highway.

(5) The vesting under subsection (1) (a) includes the vesting of all statutory rights of way and other easements owned by the Provincial government solely for purposes relating to the drainage of a highway that is vested under that subsection, and the interest of the Provincial government under those easements is transferred to the municipality and the municipality assumes the rights and obligations of the Provincial government in relation to those easements.

(6) The minister responsible for the Transportation Act may file with the land title office an application satisfactory to the registrar of land titles that identifies an easement referred to in subsection (5) and, on filing, the registrar must register ownership of the easement in the name of the municipality.

(7) The vesting under subsection (1) (a) is subject to the following:

(a) the right of resumption under subsection (8);

(b) the limits referred to in section 23 (2) of the Land Title Act ;

(c) the exceptions described in section 50 (1) (a) (ii) to (iv) and (b) of the Land Act , as if the vesting were made by Crown grant under that Act;

(d) the exceptions described in section 107 (1) (d) of the Land Title Act , as if the vesting were under that section.

(8) The Provincial government may, by order of the Lieutenant Governor in Council, resume the property or interest vested in a municipality under subsection (1) (a), if the Lieutenant Governor in Council considers that this is required

(a) for the purpose of or in relation to a Provincial arterial highway,

(b) for any other transportation purpose, or

(c) for the purpose of or in relation to a park, conservancy, recreation area or ecological reserve established or proposed to be established under the Park Act , the Ecological Reserve Act or the Protected Areas of British Columbia Act or an area to which an order under section 7 (1) of the Environment and Land Use Act applies.

(9) An order under subsection (8) (a) or (b) may only be made on the recommendation of the minister responsible for the Transportation Act , and an order under subsection (8) (c) may only be made on the recommendation of the minister responsible for the applicable Act referred to in that subsection.

(10) The minister responsible for the Transportation Act , after consultation with the minister responsible for this Act, may

(a) by order, cancel the Provincial government's right of resumption under subsection (8) in relation to a specified highway or in relation to highways within a specified area, or

(b) by regulation, specify circumstances in which the Provincial government's right of resumption is cancelled without a specific order.

(11) For certainty, a council may grant a licence of occupation or an easement, or permit an encroachment, in respect of a highway that is vested in the municipality under subsection (1) (a).

(12) This section does not apply to a highway for which the municipality has purchased or taken the land and for which title is registered in the name of the municipality.

General authority in relation to highways

36  (1) In addition to its authority in relation to highways as a service, a council may, by bylaw, regulate and prohibit in relation to all uses of or involving a highway or part of a highway.

(2) The authority of a municipality in relation to highways under any provision of this Act is subject to the following:

(a) traffic and parking on highways may only be regulated or prohibited in accordance with the Motor Vehicle Act , except as expressly provided in this Act;

(b) authority in relation to traffic on Provincial arterial highways is subject to section 124 (13) of the Motor Vehicle Act ;

(c) extraordinary traffic on Provincial arterial highways may only be regulated or prohibited by bylaw adopted with the approval of the minister responsible for the Transportation Act ;

(d) the restrictions established by the South Coast British Columbia Transportation Authority Act ;

(e) authority in relation to all electrical transmission and distribution facilities and works that are on, over, under, along or across a highway is subject to the Utilities Commission Act and to all orders, certificates and approvals issued, granted or given under that Act.

(3) Authority in relation to highways that is provided to a municipality under this or another Act includes the power to restrict the common law right of passage by the public over a highway that is vested in the municipality, if this restriction is necessary to the exercise of the authority.

Intermunicipal boundary highways

37  In the case of an intermunicipal boundary highway,

(a) the councils of the applicable municipalities have joint jurisdiction over the highway,

(b) unless the councils agree otherwise, the highway must be opened, maintained, kept in repair and improved by the municipalities, and

(c) bylaws respecting the highway must be mutually acceptable to those municipalities or be in accordance with an intermunicipal scheme under section 14 [intermunicipal service, regulatory and other schemes] in relation to the highway.

Temporary traffic restriction and traffic control

38  (1) A council may temporarily restrict or prohibit all or some types of traffic on a highway.

(2) In addition to the authority under section 154 [delegation of council authority], a council may, by bylaw, authorize a municipal employee or any other person to control traffic on a highway, or to temporarily restrict or prohibit all or some types of traffic on a highway, in relation to matters specified in the bylaw.

Additional powers in relation to highways

39  A council may, by bylaw, do one or more of the following:

(a) assign a name or number to a highway;

(b) assign numbers to buildings and other structures;

(c) require owners or occupiers of real property to place assigned numbers in a conspicuous place on or near the property;

(d) require owners of private highways to maintain them in a clean, fit and safe state and to post suitable private thoroughfare signs;

(e) require persons to take specified actions for the purposes of maintaining the cleanliness or safety of a highway that is next to property that they own or occupy, or that is affected by property that they own or occupy;

(f) require owners or occupiers of land to fence any part of it abutting on a highway.

Permanent closure and removal of highway dedication

40  (1) A council may, by bylaw,

(a) close all or part of a highway that is vested in the municipality to all or some types of traffic, or

(b) reopen all or part of such a highway that has been closed.

(2) A council may, by bylaw, remove the dedication of a highway

(a) that has been closed by a bylaw under subsection (1) (a), or

(b) that is to be closed by the same bylaw, or by a bylaw adopted by the council at the same time.

(3) Before adopting a bylaw under this section, the council must

(a) give notice of its intention in accordance with section 94 [public notice], and

(b) provide an opportunity for persons who consider they are affected by the bylaw to make representations to council.

(4) In addition to the requirement under subsection (3), before adopting a bylaw under subsection (1) (a), the council must deliver notice of its intention to the operators of utilities whose transmission or distribution facilities or works the council considers will be affected by the closure.

(5) A bylaw under subsection (2) must be filed in accordance with section 120 of the Land Title Act and, on filing, the property subject to the bylaw ceases to be a highway, its dedication as a highway is cancelled and title to the property may be registered in the name of the municipality in accordance with section 120 of the Land Title Act .

(6) As a limit on subsection (2), a council may not remove the dedication of a highway that was dedicated by the deposit of a subdivision or reference plan in the land title office if

(a) the highway has not been developed for its intended purpose, and

(b) the owner of the land at the time the plan was deposited is the owner of all of the parcels created by the plan,

unless the owner of the parcels consents.

(7) This section, and not section 30 [reservation and dedication of municipal property], applies to cancelling the dedication of a highway.

(8) For certainty, this section applies to public highways under section 42 of the Transportation Act .

Restrictions in relation to highway disposition, closure or alteration

41  (1) As a restriction, if

(a) a bylaw under section 40 (1) (a) [authority to permanently close] affects a highway, or part of a highway, that provides access to the ocean or a lake, river or other stream or watercourse, and

(b) the municipality is proposing to dispose of the highway or part,

the municipality may only dispose of that highway or part if

(c) the municipality is exchanging the property for other property that the council considers will provide public access to the same body of water that is of at least equal benefit to the public, or

(d) the proceeds of the disposition are to be paid into a reserve fund, with the money from the reserve fund used to acquire property that the council considers will provide public access to the same body of water that is of at least equal benefit to the public.

(2) If the effect of

(a) a proposed highway closure under section 40 (1) (a), or

(b) a proposed highway alteration

will be to completely deprive an owner of the means of access to their property, the municipality must either

(c) obtain the consent of the owner before the owner is deprived of access, or

(d) in addition to paying any compensation required under section 33 (2) [compensation for injurious affection], ensure that the owner has another means of access that is sufficient for this purpose.

(3) As a restriction on the authority under section 40 (1), if the highway or part of a highway to be closed or reopened is within 800 metres of an arterial highway, the bylaw under that section may only be adopted if it is approved by the minister responsible for the Transportation Act .

(4) The operator of a utility affected by the closure of a highway under section 40 [permanent closure and removal of highway dedication] may require the municipality to provide reasonable accommodation of the utility's affected transmission or distribution facilities or works on agreed terms.

(5) If the parties are unable to reach an agreement under subsection (4), the matters must be settled by arbitration, and for that purpose the Arbitration Act applies.

Agreements respecting compensation for extraordinary traffic

42  If a municipal bylaw regulates or prohibits extraordinary traffic on a highway other than an arterial highway, the council may enter into an agreement with a person who is subject to the bylaw that provides

(a) for the payment of reasonable compensation to the municipality for the damage to the highway or the resulting expense to the municipality that may be caused by the extraordinary traffic, and

(b) that, so long as the person is in compliance with the agreement, the person is not subject to the bylaw, or specified provisions of the bylaw, in relation to that traffic.

Agreements respecting municipal equipment on utility poles

43  (1) A council may require a person who is permitted to erect poles on highways to provide reasonable accommodation on the poles for wires and equipment of the municipality on agreed terms, and section 174 [limit on borrowing and other liabilities] does not apply to the agreement.

(2) If the parties are unable to reach an agreement under subsection (1), the matters must be settled by arbitration, and for that purpose the Arbitration Act applies.

Agreements to reserve land for highway purposes

44  If a council enters into an agreement with an owner of land to reserve any part of the land for highway purposes, the agreement has the effect of a restrictive covenant running with the land and must be registered by the municipality under section 219 of the Land Title Act .

Highway construction and dikes

45  (1) A person must not interfere with the level of a dike that is crossed by a highway or private road.

(2) If

(a) the top of a dike forms a portion of a highway, and

(b) the council has not granted a diking commission the privilege of using the existing highway for a dike,

it is the duty of the council to maintain the dike at a constant level, and to repair all injury directly or indirectly caused to the dike by its use as a highway.

(3) For certainty, a council's duty under subsection (2) is limited to the highway as a highway and, except as otherwise required, does not extend to or include repair or maintenance of the dike as distinct from the highway.

Use of highways and public places

46  (1) Except as permitted by bylaw or another enactment, a person must not excavate in, cause a nuisance on, obstruct, foul or damage any part of a highway or other public place.

(2) A council may, by bylaw,

(a) authorize the seizure of things unlawfully occupying a portion of a highway or public place,

(b) establish fees for such seizure that are payable by the owner of the thing, and

(c) provide for the recovery of those fees from the owner of the thing, including by sale of the thing if the owner refuses to pay or cannot be identified after reasonable efforts.

(3) If a thing is seized under subsection (2), by a municipality, neither the municipality nor a person to whom the thing is disposed of is liable, in damages or otherwise, for or in respect of any claim that may arise in respect of the thing after its disposal in accordance with this Act.

Division 6 — Animal Control

Classes of animals

47  For certainty and without limiting section 12 (1) [bylaw variation authority], a bylaw under section 8 (3) (k) [spheres of authority — animals] may establish different classes of animals on the basis of sex, age, size or breed.

Seizure and related powers

48  A council may, by bylaw, do one or more of the following:

(a) provide for the seizure of animals that are

(i) unlicensed, if there is a requirement that they be licensed,

(ii) unlawfully at large on a highway or in a public place,

(iii) straying or trespassing on private property, or

(iv) on unfenced land and not securely tethered or contained;

(b) establish penalties to be paid in relation to animals seized under this section;

(c) establish or regulate fees to be paid in respect of seizures under this section;

(d) provide for the sale, other disposition or destruction of impounded animals, if

(i) the animals are not claimed within the time and in the manner established by the bylaw, or

(ii) the penalty or fees are not paid within a reasonable time;

(e) provide for the seizure and destruction of any animal that is subject to suffering that the council, or a person designated by council, considers cannot be otherwise reasonably addressed.

Special powers in relation to dangerous dogs

49  (1) In this section:

"animal control officer" means

(a) a municipal employee, officer or agent designated by the council as an animal control officer for the purposes of this section, or

(b) a peace officer;

"dangerous dog" means a dog that

(a) has killed or seriously injured a person,

(b) has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or

(c) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person.

(2) In addition to the authority under section 48 but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the animal is a dangerous dog.

(3) Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (b) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of

(a) attempting to prevent a person from committing an unlawful act, or

(b) performing law enforcement work.

(4) An animal control officer may enter a place to exercise the power under subsection (2),

(a) in any case, with the consent of the owner or occupier of the place,

(b) in any case, in accordance with a warrant under subsection (5) or (6), or

(c) if the circumstances referred to in subsection (8) apply, in accordance with that subsection.

(5) If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that there is a dangerous dog in a place, a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.

(6) If

(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and

(b) the officer believes on reasonable grounds that there is a dangerous dog in a place,

the officer may apply for a warrant in accordance with the regulations under subsection (7).

(7) The Lieutenant Governor in Council may make regulations respecting the authority and procedure for warrants under subsection (6).

(8) Subject to subsection (9), an animal control officer may, without a warrant, enter and search any place, except a place that is occupied as a private dwelling, and seize a dog, if the officer believes on reasonable grounds that

(a) the dog is a dangerous dog,

(b) the dog presents an imminent danger to the public, and

(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.

(9) For the purposes of subsection (8), an animal control officer who is not a police officer must be accompanied by a police officer.

(10) In addition to any other authority, if an animal control officer has reasonable grounds to believe that a dog is a dangerous dog, the officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.

(11) A dog that has been seized under this section may not be impounded and detained for more than 21 days unless court proceedings for a destruction order are commenced within that time.

Division 7 — Authority in Relation to Trees

Restrictions in relation to authority

50  (1) A bylaw under section 8 (3) (c) [spheres of authority — trees] that is in relation to the protection of trees does not apply to the following:

(a) land and the trees on it if forestry practices on the land are governed by a tree farm licence, permit or other authority or tenure under the Forest Act ;

(b) land and trees on it if section 21 of the Private Managed Forest Land Act applies to the land;

(c) tree cutting or removal that is undertaken by a utility, on land owned or held by the utility, and done for the purpose of safety, maintenance or operation of the utility's infrastructure.

(2) Subject to subsection (3), if a bylaw under section 8 (3) (c) would have the effect on a parcel of land of

(a) preventing all uses permitted under the applicable zoning bylaw, or

(b) preventing the development to the density permitted under the applicable zoning bylaw,

the bylaw does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density.

(3) A bylaw referred to in subsection (2) applies without limit to a parcel if the council, by resolution, commits the municipality to

(a) pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or

(b) provide, by development permit, development variance permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density.

(4) For the purposes of subsection (3),

(a) the compensation must be as determined and paid as soon as reasonably possible in an amount set by agreement between the owner and the municipality or, if no agreement is reached, by the Supreme Court, and

(b) the council may issue a development permit or development variance permit on its own initiative without an application from the owner.

Compensation not payable

51  Except as provided in section 50 (3), no compensation is payable to any person for a reduction in the value of any interest in land that results from

(a) a bylaw under section 8 (3) (c) [spheres of authority — trees], or

(b) the issue or refusal of a permit required under such a bylaw.

Right to reconsideration by council

52  If a council delegates powers, duties or functions in relation to its authority under section 8 (3) (c) [spheres of authority — trees], the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the council reconsider the matter.

Division 8 — Building Regulation

General authority in relation to buildings and other structures

53  (1) In this section, "greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act .

(2) A council may only exercise its authority under section 8 (3) (l) [spheres of authority — buildings and other structures] or this Division for the following:

(a) the provision of access to a building or other structure, or to part of a building or other structure, for a person with disabilities;

(b) the conservation of energy or water;

(c) the reduction of greenhouse gas emissions;

(d) the health, safety or protection of persons or property.

Building permits and occupancy permits

54  (1) If requested by an applicant, a building inspector must give written reasons for his or her refusal to issue a building permit that is required by a bylaw under section 8 (3) (l) [spheres of authority — buildings and other structures].

(2) If a municipal permit is required before a building or part of a building is occupied, in addition to any conditions established under section 15 [licensing and standards authority], the permit may be withheld until the building or part of it complies with the following:

(a) the Provincial building regulations;

(b) bylaws under section 8 (3) (l) [spheres of authority — buildings and other structures];

(c) any other health and safety requirements established by bylaw;

(d) any other federal or Provincial enactment in relation to health or safety.

Requirement for professional certification

55  (1) In this section, "qualified professional" means

(a) an architect,

(b) an architect certified under section 24 (2) (q.2) of the Architects Act as a specialist in an area of architecture,

(c) a professional engineer,

(d) a professional engineer certified under section 10 (1) (k.2) of the Engineers and Geoscientists Act as a specialist in an area of professional engineering,

(e) a professional geoscientist, or

(f) a professional geoscientist certified under section 10 (1) (k.2) of the Engineers and Geoscientists Act as a specialist in an area of professional geoscience.

(2) A council may, by bylaw, do one or both of the following:

(a) require applicants for building permits, in circumstances as specified in the bylaw that relate to

(i) site conditions,

(ii) the size or complexity of developments, or

(iii) aspects of developments,

to provide the municipality with a certification by a qualified professional that the plans submitted with the permit application, or specified aspects of those plans, comply with the then current Provincial building regulations and other applicable enactments respecting safety;

(b) authorize building inspectors for the municipality to require applicants for building permits to provide the municipality with a certification referred to in paragraph (a) if a building inspector considers that this is warranted by circumstances that relate to matters referred to in paragraph (a) (i) to (iii).

Requirement for geotechnical report

56  (1) For the purposes of this section:

"construction" means

(a) the new construction of a building or other structure, or

(b) the structural alteration of or addition to an existing building or other structure,

but does not include the repair of an existing building or other structure;

"qualified professional" means

(a) a professional engineer, or

(b) a professional geoscientist

with experience or training in geotechnical study and geohazard assessments.

(2) If

(a) a bylaw regulating the construction of buildings or other structures is in effect, and

(b) a building inspector considers that construction would be on land that is subject to or is likely to be subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip, rockfalls, subsidence or avalanche,

the building inspector may require the owner of land to provide the building inspector with a report certified by a qualified professional that the land may be used safely for the use intended.

(3) If a qualified professional determines that the land may not be used safely for the use intended, a building inspector must not issue a building permit.

(4) A building inspector may issue a building permit in accordance with subsection (5) if a qualified professional certifies that the land may be used safely for the use intended if the land is used in accordance with the conditions specified in the professional's report.

(5) A building permit under subsection (4) may only be issued on the following conditions:

(a) the owner of the land covenants with the municipality to use the land only in the manner certified by the qualified professional as enabling the safe use of the land for the use intended;

(b) the covenant contains conditions respecting reimbursement by the owner for any expenses that may be incurred by the municipality as a result of a breach of a covenant under paragraph (a);

(c) the covenant is registered under section 219 of the Land Title Act .

(6) If a building inspector is authorized to issue a building permit under subsection (4) but refuses to do so, the council may, on application of the owner, direct the building inspector to issue the building permit subject to the requirements of subsection (5).

Note against land title that building regulations contravened

57  (1) A building inspector may recommend to the council that it consider a resolution under subsection (3) if, during the course of carrying out duties, the building inspector

(a) observes a condition, with respect to land or a building or other structure, that the inspector considers

(i) results from the contravention of, or is in contravention of,

(A) a municipal bylaw,

(B) a Provincial building regulation, or

(C) any other enactment

that relates to the construction or safety of buildings or other structures, and

(ii) that, as a result of the condition, a building or other structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or

(b) discovers that

(i) something was done with respect to a building or other structure, or the construction of a building or other structure, that required a permit or an inspection under a bylaw, regulation or enactment referred to in paragraph (a) (i), and

(ii) the permit was not obtained or the inspection not satisfactorily completed.

(2) A recommendation under subsection (1) must be given in writing to the corporate officer, who must

(a) give notice to the registered owner of the land to which the recommendation relates, and

(b) after notice under paragraph (a), place the matter before the council.

(3) After providing the building inspector and the owner an opportunity to be heard, the council may confirm the recommendations of the building inspector and pass a resolution directing the corporate officer to file a notice in the land title office stating that

(a) a resolution relating to that land has been made under this section, and

(b) further information about it may be inspected at the municipal hall.

(4) The corporate officer must ensure that all records are available for the purpose of subsection (3) (b).

(5) If the registrar of land titles receives a notice under subsection (3) and payment of the prescribed fee, the registrar must make a note of the filing against the title to the land that is affected by the notice.

(6) The note of a filing of a notice under this section is extinguished when a new title to the land is issued as a result of the deposit of a plan of subdivision or a strata plan.

(7) In the event of any omission, mistake or misfeasance by the registrar or an employee of the registrar in relation to the making of a note of the filing under subsection (5), or a cancellation under section 58, after the notice is received by the land title office,

(a) the registrar is not liable and neither the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,

(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act , and

(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act .

(8) Neither the building inspector nor the municipality is liable for damage of any kind for the doing of anything, or the failure to do anything, under this section or section 58 that would have, but for this subsection, constituted a breach of duty to any person.

(9) The authority under this section is in addition to any other action that a building inspector is authorized to take in respect of a matter referred to in subsection (1).

Cancellation of note against land title

58  (1) On receiving a report from a building inspector that the condition that gave rise to the filing of the notice under section 57 (3) has been rectified, the corporate officer must file a cancellation notice and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

(2) An owner of land with respect to which a notice has been filed under section 57 (3), may apply to the council for a resolution that the note be cancelled.

(3) After hearing an applicant under subsection (2), the council may pass a resolution directing the corporate officer to file a cancellation notice.

(4) If a resolution has been passed under subsection (3), the corporate officer must file a cancellation notice in the land title office and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

(5) If the council does not pass a resolution under subsection (3), the owner may apply to the Supreme Court and notify the municipality to attend before the court to show cause why the note should not be cancelled.

(6) On an application under subsection (5), after reviewing any evidence that the owner and the municipality may adduce, the court may make an order directing the registrar to cancel the note made under section 57 (5) and, on receiving the order, the registrar of land titles must cancel the note accordingly.

Division 9 — Business Regulation

Powers to require and prohibit

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

(a) require operators of premises in which rooms or suites are let for living purposes to maintain, in accordance with the bylaw, a register of persons living there;

(b) in relation to persons engaged in the business activity of purchasing, taking in barter or receiving used or second hand goods,

(i) require such persons, after purchasing, taking in or receiving used or second hand goods, to notify the chief constable who has jurisdiction in the municipality within the time period established by the bylaw, and

(ii) prohibit such persons from altering the form of, selling, exchanging or otherwise disposing of those goods during the time period established by the bylaw;

(c) require manufacturers and processors to dispose of the waste from their plants in the manner directed by the bylaw;

(d) prohibit the operation of a public show, exhibition, carnival or performance of any kind or in any particular location;

(e) prohibit the operation of places of amusement to which the public has access, including halls and other buildings where public events are held;

(f) prohibit professional boxing, professional wrestling and other professional athletic contests.

(2) Before adopting a bylaw under subsection (1) or section 8 (6) [business regulation], a council must

(a) give notice of its intention in accordance with subsection (3), and

(b) provide an opportunity for persons who consider they are affected by the bylaw to make representations to council.

(3) Notice required under subsection (2) (a) may be provided in the form and manner, at the times and as often as the council considers reasonable.

Business licence authority

60  (1) An application for a business licence may be refused in any specific case, but

(a) the application must not be unreasonably refused, and

(b) on request, the person or body making the decision must give written reasons for the refusal.

(2) In addition to the authority under section 15 (1) (e) [licences, permits and approvals — suspension and cancellation], a business licence may be suspended or cancelled for reasonable cause.

(3) Before suspending or cancelling a business licence, the council must give the licence holder notice of the proposed action and an opportunity to be heard.

(4) Despite section 155 (2) (b) [restriction on delegation of hearings], a council may, by bylaw under section 154 [delegation of council authority], authorize a municipal officer or employee to suspend or cancel a business licence.

(5) If a municipal officer or employee exercises authority to grant, refuse, suspend or cancel a business licence, the applicant or licence holder who is subject to the decision is entitled to have the council reconsider the matter.

Restriction on authority to require examination or certification

61  A provision in a bylaw under section 8 (6) [spheres of authority — business] that requires an examination or certification of a person engaged in a trade or occupation does not apply to a person who has been granted a certificate or other evidence of competence for that trade or occupation under a Provincial or federal Act.

Division 10 — Other Spheres

Public place powers

62  The authority under section 8 (3) (b) [spheres of authority — public places] includes the authority in relation to persons, property, things and activities that are in, on or near public places.

Protection of persons and property

63  The authority of a council under section 8 (3) (g) [spheres of authority — protection of persons and property] may be exercised in relation to the following:

(a) emergency exits in places to which the public is invited;

(b) smoke alarms, to the extent that any standards established under this authority do not exceed those established by the Provincial building regulations;

(c) any matter within the scope of the Fire Services Act ;

(d) the enclosure of swimming pools and other pools;

(e) trailer courts, manufactured home parks and camping grounds;

(f) rental units and residential property, as those are defined in the Residential Tenancy Act , that are subject to a tenancy agreement, as defined in that Act, to the extent that any standard established under this authority does not exceed those established by the Provincial building regulations.

Nuisances, disturbances and other objectionable situations

64  The authority of a council under section 8 (3) (h) [spheres of authority — nuisances disturbances and other objectionable situations] may be exercised in relation to the following:

(a) nuisances;

(b) noise, vibration, odour, dust, illumination or any other matter that is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

(c) the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia that is liable to foul or contaminate the atmosphere;

(d) refuse, garbage or other material that is noxious, offensive or unwholesome;

(e) the use of waste disposal and recycling services;

(f) the accumulation of water on property;

(g) unsanitary conditions on property;

(h) drains, cesspools, septic tanks and outhouses;

(i) trees, weeds or other growths that council considers should be removed, cut down or trimmed;

(j) the carrying on of a noxious or offensive business activity;

(k) graffiti and unsightly conditions on property;

(l) indecency and profane, blasphemous or grossly insulting language.

Signs and other advertising

65  The authority of a council under section 8 (4) [spheres of authority — signs and other advertising] may be exercised in relation to the erection, placing, alteration, maintenance, demolition and removal of signs, sign boards, advertisements, advertising devices and structures.

Division 11 — Other Powers

Fire chief powers

66  (1) A council may, by bylaw, authorize the municipal fire chief or another person designated in the bylaw to exercise one or more of the following powers:

(a) enter on property and inspect premises for conditions that may cause a fire, increase the danger of a fire or increase the danger to persons or property from a fire;

(b) take measures to prevent and suppress fires, including the demolition of buildings and other structures to prevent the spreading of fire;

(c) require an owner or occupier of real property to undertake any actions directed by the fire chief or other authorized person for the purpose of removing or reducing any thing or condition that person considers is a fire hazard or increases the danger of fire;

(d) exercise some or all of the powers of the fire commissioner under section 25 of the Fire Services Act , and for these purposes that section applies.

(2) If a bylaw under subsection (1) confers authority on the municipal fire chief, that authority may be exercised by a person acting under the authority of the fire chief.

Disposal of property in police possession

67  (1) Property that has come into the custody and possession of the police force or police department on behalf of a municipality may be disposed of and the proceeds from that disposal dealt with in accordance with the regulations under this Act, if

(a) the owner of the property has not been identified after reasonable effort, and

(b) a court of competent jurisdiction has not made an order in respect of the property.

(2) A person who receives or purchases property by a disposal under this section has a good and sufficient title to that article as against any former owner of it.

(3) The municipality, a member of the council, a person in lawful custody of property referred to in subsection (1), or an officer, employee or agent of the municipality, is not liable, in damages or otherwise, for or in respect of any claim that may arise in respect of the property after its disposal in accordance with this section.

Restriction on authority to fluoridate

68  A council must not fluoridate a water supply for the municipality unless it has adopted a bylaw for this and the bylaw has received the assent of the electors.

Specific authority in relation to drainage, sewage and dikes

69  A council may, by bylaw, do one or more of the following:

(a) in relation to drainage and sewerage works provided by persons other than the municipality,

(i) regulate their design and installation, and

(ii) require property owners to connect their buildings and structures to the works in the manner specified in the bylaw;

(b) impose requirements on persons undertaking the construction of works to

(i) maintain the proper flow of water in a stream, ditch, drain or sewer in the municipality, or

(ii) reclaim or protect part of the land mass of the municipality from erosion by any cause;

(c) impose requirements on the owners of dikes or persons undertaking the construction of dikes;

(d) make a watercourse part of the municipal drainage system, whether the watercourse is on municipal land, private land or a highway.

Drainage control

70  (1) This section applies if a council

(a) considers that, in the public interest,

(i) the drainage of surface water from outside the municipality into or through an area inside the municipality should be prevented, diverted or improved, or

(ii) drainage of or from an area in the municipality should be prevented, continued beyond the municipality, diverted or improved, and

(b) proposes to undertake works for these purposes.

(2) Before undertaking the proposed works, the council must

(a) serve notice of its intention on all owners of land that may be affected,

(b) give notice of its intention to any other local government whose area may be affected, and

(c) provide an opportunity for persons who consider they are affected by the works to make representations to council.

(3) After complying with subsection (2), the municipality may enter on property, including property outside the municipality, for the purpose of undertaking the proposed works.

Orders and awards respecting drainage or reclamation works

71  (1) This section applies if, on account of proceedings taken under this Act or the Local Government Act for drainage or reclamation works and local assessments for them,

(a) damages are recovered against the municipality or parties constructing the drainage or reclamation works, or

(b) other relief is given by an order of a court or an award made under this Act or the Local Government Act .

(2) In the circumstances referred to in subsection (1),

(a) the council must make the changes in drainage or reclamation works necessary to comply with an order or award, and

(b) the money required for the municipality to comply with the order or award must be recovered by taxes imposed on the same basis as the existing assessments for those works.

Division 12 — Remedial Action Requirements

Council may impose remedial action requirements

72  (1) A council may impose remedial action requirements in relation to

(a) matters or things referred to in section 73 [hazardous conditions],

(b) matters or things referred to in section 74 [declared nuisances], or

(c) circumstances referred to in section 75 [harm to drainage or dike].

(2) In the case of matters or things referred to in section 73 or 74, a remedial action requirement

(a) may be imposed on one or more of

(i) the owner or lessee of the matter or thing, and

(ii) the owner or occupier of the land on which it is located, and

(b) may require the person to

(i) remove or demolish the matter or thing,

(ii) fill it in, cover it over or alter it,

(iii) bring it up to a standard specified by bylaw, or

(iv) otherwise deal with it in accordance with the directions of council or a person authorized by council.

(3) In the case of circumstances referred to in section 75, a remedial action requirement

(a) may be imposed on the person referred to in that section, and

(b) may require the person to undertake restoration work in accordance with the directions of council or a person authorized by council.

Hazardous conditions

73  (1) Subject to subsection (2), a council may impose a remedial action requirement in relation to any of the following:

(a) a building or other structure, an erection of any kind, or a similar matter or thing;

(b) a natural or artificial opening in the ground, or a similar matter or thing;

(c) a tree;

(d) wires, cables, or similar matters or things, that are on, in, over, under or along a highway;

(e) matters or things that are attached to a structure, erection or other matter or thing referred to in paragraph (a) that is on, in, over, under or along a highway.

(2) A council may only impose the remedial action requirement if

(a) the council considers that the matter or thing is in or creates an unsafe condition, or

(b) the matter or thing contravenes the Provincial building regulations or a bylaw under section 8 (3) (l) [spheres of authority — buildings and other structures] or Division 8 [Building Regulation] of this Part.

Declared nuisances

74  (1) A council may declare that any of the following is a nuisance and may impose a remedial action requirement in relation to the declared nuisance:

(a) a building or other structure, an erection of any kind, or a similar matter or thing;

(b) a natural or artificial opening in the ground, or a similar matter or thing;

(c) a drain, ditch, watercourse, pond, surface water, or a similar matter or thing;

(d) a matter or thing that is in or about any matter or thing referred to in paragraphs (a) to (c).

(2) Subsection (1) also applies in relation to a thing that council considers is so dilapidated or unclean as to be offensive to the community.

Harm to drainage or dike

75  A council may impose a remedial action requirement if a person has

(a) obstructed, filled up or damaged a ditch, drain, creek or watercourse that was constructed or improved under this Act or the Local Government Act , or

(b) damaged or destroyed a dike or other drainage or reclamation work connected with it.

Time limit for compliance

76  (1) The resolution imposing a remedial action requirement must specify the time by which the required action must be completed.

(2) Subject to section 79 [shorter time limits in urgent circumstances], the time specified under subsection (1) must not be earlier than 30 days after notice under section 77 (1) [notice to affected persons] is sent to the person subject to the remedial action requirement.

(3) The council may extend the time for completing the required action even though the time limit previously established has expired.

Notice to affected persons

77  (1) Notice of a remedial action requirement must be given by personal service or by registered mail to

(a) the person subject to the requirement, and

(b) the owner of the land where the required action is to be carried out.

(2) In addition, notice of the remedial action requirement must be mailed to

(a) each holder of a registered charge in relation to the property whose name is included on the assessment roll, at the address set out in that assessment roll and to any later address known to the corporate officer, and

(b) any other person who is an occupier of that land.

(3) A notice under this section must advise

(a) that the person subject to the requirement, or the owner of the land where the required action is to be carried out, may request a reconsideration by council in accordance with section 78 [person affected may request reconsideration], and

(b) that, if the action required by the remedial action requirement is not completed by the date specified for compliance, the municipality may take action in accordance with section 17 [municipal action at defaulter's expense] at the expense of the person subject to the requirement.

Person affected may request reconsideration by council

78  (1) A person who is required to be given notice under section 77 (1) [notice to affected persons] may request that the council reconsider the remedial action requirement.

(2) Subject to section 79 [shorter time limits in urgent circumstances], a request under subsection (1) must be made by written notice provided within 14 days of the date on which the notice under section 77 (1) was sent or a longer period permitted by council.

(3) If the council receives a notice that complies with subsection (2), it must provide the person with an opportunity to make representations to the council.

(4) After providing the opportunity referred to in subsection (3), the council may confirm, amend or cancel the remedial action requirement.

(5) Notice of a decision under subsection (4) must be provided in accordance with section 77 (1) and (2) [notice to affected persons].

Shorter time limits in urgent circumstances

79  If the council considers that there is a significant risk to health or safety if action is not taken earlier, the resolution imposing the remedial action requirement may

(a) set a time limit under section 76 [time limit for compliance] that is shorter than the minimum otherwise applicable under subsection (2) of that section, and

(b) set a time limit for giving notice under section 78 [persons affected may request reconsideration] that is shorter than the limit otherwise applicable under subsection (2) of that section.

Recovery of municipal costs through sale of property

80  (1) This section applies to remedial action requirements in relation to the following:

(a) matters or things referred to in section 73 (1) (a) [unsafe and non-complying structures];

(b) matters or things referred to in section 74 (1) (a) [nuisances in relation to structures];

(c) matters or things referred to in section 74 (1) (d) [nuisances in relation to things in or near structures] that are in or about a matter or thing referred to in section 74 (1) (a).

(2) Subject to this section, if a remedial action requirement has not been satisfied by the date specified for compliance, the municipality may sell the matter or thing in relation to which the requirement was imposed or any part or material of it.

(3) The earliest date on which the municipality may sell property referred to in subsection (2) is the later of

(a) the date specified for compliance, and

(b) 60 days after the notice under section 77 (1) [notice to affected persons] is given.

(4) If a municipality sells property under this section, it

(a) may retain from the proceeds

(i) the costs incurred by the municipality in carrying out the sale, and

(ii) if applicable, the costs incurred by the municipality in exercising its power under section 17 [municipal actions at defaulter's expense] that have not yet been paid by the person subject to the requirement, and

(b) must pay the remainder of the proceeds to the owner or other person lawfully entitled.

(5) For certainty, the authority under this section is in addition to that provided by section 17 [municipal action at defaulter's expense].

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