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Vancouver Charter

[SBC 1953] CHAPTER 55

Part III — The Council and Its General Powers

Size and quorum of Council

137.  (1) Except as established under subsection (2), by a temporary order under section 10 (6) (a) or by the effect of section 139 (2), the Council is to consist of a Mayor and 10 Councillors, and the quorum for the Council is 6 members.

(2) Subject to the limit that there must be at least 10 Councillors, the Council may, by by-law, change the number of Councillors, in which case the quorum for the Council is the lowest number of Council members that is a majority of the total Council size as established by the by-law.

(3) A by-law under subsection (2) must provide for an uninterrupted transition from the previous Council.

(4) A by-law under subsection (2) that would reduce the size of Council must not be adopted without the assent of the electors.

1993-54-62.

Councillor elections: at large unless on a neighbourhood constituency basis

138.  (1) Unless a by-law under subsection (2) applies, every member of Council must be elected from the city at large.

(2) The Council may, by by-law, provide that all or some of the Councillors be elected on a neighbourhood constituency basis.

(3) A by-law under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.

(4) A by-law under subsection (2) must be approved by the Lieutenant Governor in Council before it is adopted.

(5) If a neighbourhood constituency is established,

(a) the only persons who may vote as electors for the neighbourhood constituency are

(i)   resident electors who meet the qualifications of section 23 in relation to the area of the neighbourhood constituency, and

(ii)   non-resident property electors who meet the qualifications of section 24 in relation to the area of the neighbourhood constituency, and

(b) except as permitted at additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency.

(6) The notice of election under section 49 for an election on the basis of a neighbourhood constituency must include the following additional information:

(a) the boundaries of the neighbourhood constituency;

(b) the voting places on general voting day for the neighbourhood constituency;

(c) a description of the qualifications established by subsection (5) (a) that entitle an elector to vote for a member of Council to represent the neighbourhood constituency.

1993-54-62; 1994-52-157.

Term of office for Mayor and Councillors

139.  (1) The term of office for a Mayor elected at 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 140 (4), 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 Mayor's successor takes office, whichever is later.

(2) The term of office for a Councillor elected at 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 140 (4), 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 a sufficient number of members of Council have taken office to make up a quorum, whichever is later.

1993-54-62.

Oath of office

140.  (1) A person elected or appointed to office on Council must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:

(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;

(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;

(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.

(2) The oath must be made before a judge of the Court of Appeal, the Supreme Court or the Provincial Court, a justice of the peace or the City Clerk, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.

(3) A person taking office on Council may also make an oath of allegiance.

(4) A person takes office on Council

(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the City Clerk, or

(b) at any later time that the person produces the completed oath or certificate to the City Clerk.

(5) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.

(6) Once a member of Council takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.

1993-54-62; 1994-52-158.

Circumstances in which a person is disqualified from office on Council

141.  (1) A person elected or appointed to office on the Council is disqualified from holding that office if any of the following applies:

(a) the person does not make the required oath or affirmation of office within the time established by section 140 (1) [oath of office];

(b) the person is absent from Council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled Council meetings, whichever is the longer time period, unless the absence is because of illness or injury or is with the leave of the Council;

(c) the person is disqualified under any of the following sections:

section 145.3 [restrictions on participation if in conflict];

section 145.4 [restrictions on inside influence];

section 145.5 [restrictions on outside influence];

section 145.7 [restrictions on accepting gifts];

section 145.8 [disclosure of gifts];

section 145.9 [disclosure of contracts];

section 145.91 [restrictions on use of insider information];

(d) the person is disqualified under section 38 (2) [who may hold elected office] or section 66 (2) [who may hold elected office] of the Local Government Act.

(2) A person disqualified under subsection (1) is disqualified from holding office on Council, the council of another municipality, a board of a regional district, or a Park Board under section 485, as follows:

Applicable provision Period of disqualification
(1) (a) [failure to take oath] until the next general local election;
(1) (b) [unexcused absence] until the next general local election;
(1) (c) [conflict] until the next general local election;
(1) (d) [election disqualifications] in accordance with Part I of this Act or Part 3

[Electors and Elections] of the Local Government Act.

1993-54-62; 2003-52-502.

Resignation from office

142.  (1) A member of Council may resign from office only by delivering a written resignation to the City Clerk.

(2) A resignation becomes effective when it is received by the City Clerk, even if a later date is set out in the resignation, and may not be revoked after the time it is received.

(3) The City Clerk must notify the Council of a resignation at its next meeting after the resignation is received or, if there are no other Council members, the City Clerk must notify the minister.

1993-54-62; B.C. Reg. 5/2010.

Application to court for declaration of disqualification

142.1  (1) If it appears that a person is disqualified under section 141 and is continuing to act in office,

(a) 10 or more electors of the city, or

(b) the city,

may apply to the court for an order under this section.

(2) As a restriction, the city may only make an application under subsection (1) if this is approved by a resolution that

(a) is adopted by a vote of at least two-thirds of all Council members, and

(b) identifies the grounds for disqualification under section 141 which the Council considers apply.

(3) Sections 145.2 [disclosure of conflict] and 145.3 [restrictions on participation if in conflict] do not apply to the Council member who is subject to a resolution referred to in subsection (2) of this section in relation to that resolution.

(4) An application under this section may only be made within 45 days after the alleged basis of the disqualification comes to the attention of

(a) any of the electors bringing the application, in the case of an application under subsection (1) (a), or

(b) any member of Council other than the person alleged to be disqualified, in the case of an application under subsection (1) (b).

(5) Within 7 days after the petition commencing an application under this section is filed, it must be served on

(a) the person whose right to hold office is being challenged, and

(b) in the case of an application under subsection (1) (a), the city.

(6) On the hearing of the application, the court may declare

(a) that the person is qualified to hold office,

(b) that the person is disqualified from holding office, or

(c) that the person is disqualified from holding office and that the office is vacant.

1993-54-62; 2003-52-503.

Status of person subject to an application

142.2  (1) A person who is subject to an application under section 142.1 and who considers that he or she is qualified to hold office may continue to act in office pending the determination of the court respecting the application.

(2) If a person who is declared disqualified from holding office by the court appeals the decision, the appeal does not operate as a stay of the declaration and the person is disqualified pending the final determination of the appeal.

(3) If a declaration of disqualification referred to in subsection (2) is overturned on final appeal and the term of office for which the person was elected has not ended,

(a) the person is entitled to take office for the remainder of the term if otherwise qualified, and

(b) for this purpose, any other person elected or appointed to the office since the declaration of disqualification ceases to hold office at the time the person declared qualified takes office.

1993-54-62; 2003-52-503.

Costs of an application

142.3  (1) In the case of an application under section 142.1 made by a group of electors, if the court declares that the person challenged is not qualified to hold office, the city must promptly pay the electors' costs within the meaning of the Supreme Court Civil Rules.

(2) The court may order that costs to be paid under subsection (1) may be recovered by the city from the person who was declared disqualified or any other person as directed by the court in the same manner as a judgment of the court.

(3) Except as provided in subsection (1), the costs of an application are in the discretion of the court.

2003-52-503; 2010-6-97,Sch 7.

Time of Council meetings

143.  (1) Following a general local election, the first meeting of the Council shall be on the first Monday after December 1 in the year of the election.

(2) If a quorum of Council members elected at the general local election has not taken office by the time referred to in subsection (1), the first meeting of the Council shall be called by the City Clerk and held as soon as reasonably possible after a quorum has taken office.

(3) After the first meeting, the Council must meet as it decides and as provided in this Act.

1993-54-62.

Validity of Council proceedings

144.  A by-law, resolution, order, contract or other proceeding of the Council shall not be set aside or declared invalid by reason only that

(a) a person sitting or voting as a member of Council was not qualified to be a member of Council at or before the time of the proceeding,

(b) a member of Council renounced claim to office on Council,

(c) an election for Council was set aside or declared invalid after the proceeding, or

(d) an election of a Council member was set aside or declared invalid after the proceeding.

1993-54-62.

City's powers exercisable by Council generally

145.  (1) Except as otherwise provided, the powers of the city shall be exercisable by the Council.

(2) Without limiting subsection (1) and subject to any express limitation in this Act, the city has full power to engage in any commercial, industrial or business undertaking.

1993-54-62.

Voting at Council meetings

145.1  (1) This section applies to

(a) all meetings of Council, and

(b) meetings of committees referred to in section 165.6 [standing, select and other Council committees].

(2) Unless otherwise provided in this Act, if the votes of the members of the Council present at the meeting at the time of the vote are equal for and against a question, the question is defeated and the presiding member shall so declare.

(3) A member of Council present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative.

(4) to (12) [Repealed 1999-37-319.]

1993-54-62; 1999-37-319.

Disclosure of conflict

145.2  (1) This section applies to Council members in relation to

(a) Council meetings,

(b) Council committee meetings, and

(c) meetings of any other body referred to in section 165.7 [application of open meeting rules to other city bodies].

(2) If a Council member attending a meeting considers that he or she is not entitled to participate in the discussion of a matter, or to vote on a question in respect of a matter, because the member has

(a) a direct or indirect pecuniary interest in the matter, or

(b) another interest in the matter that constitutes a conflict of interest,

the member must declare this and state in general terms the reason why the member considers this to be the case.

(3) After making a declaration under subsection (2), the Council member must not do anything referred to in section 145.3 (2) [restrictions on participation].

(4) As an exception to subsection (3), if a Council member has made a declaration under subsection (2) and, after receiving legal advice on the issue, determines that he or she was wrong respecting his or her entitlement to participate in respect of the matter, the member may

(a) return to the meeting or attend another meeting of the same body,

(b) withdraw the declaration by stating in general terms the basis on which the member has determined that he or she is entitled to participate, and

(c) after this, participate and vote in relation to the matter.

(5) For certainty, a Council member who makes a statement under subsection (4) remains subject to section 145.3 [restrictions on participation if in conflict].

(6) When a declaration under subsection (2) or a statement under subsection (4) is made,

(a) the person recording the minutes of the meeting must record

(i)   the member's declaration or statement,

(ii)   the reasons given for it, and

(iii)   the time of the member's departure from the meeting room and, if applicable, of the member's return, and

(b) unless a statement is made under subsection (4), the person presiding at that meeting or any following meeting in respect of the matter must ensure that the member is not present at any part of the meeting during which the matter is under consideration.

1999-37-320; 2003-52-504.

Restrictions on participation if in conflict

145.3  (1) This section applies if a Council member has a direct or indirect pecuniary interest in a matter, whether or not the member has made a declaration under section 145.2 (2).

(2) The Council member must not

(a) remain or attend at any part of a meeting referred to in section 145.2 (1) [disclosure of conflict] during which the matter is under consideration,

(b) participate in any discussion of the matter at such a meeting,

(c) vote on a question in respect of the matter at such a meeting, or

(d) attempt in any way, whether before, during or after such a meeting, to influence the voting on any question in respect of the matter.

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504.

Restrictions on inside influence

145.4   (1) A Council member must not use his or her office to attempt to influence in any way a decision, recommendation or other action to be made or taken

(a) at a meeting referred to in section 145.2 (1) [disclosure of conflict],

(b) by an officer or an employee of the city, or

(c) by a delegate under section 161 [delegation of powers],

if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504.

Restrictions on outside influence

145.5  (1) In addition to the restriction under section 145.4 [restrictions on inside influence], a Council member must not use his or her office to attempt to influence in any way a decision, recommendation or action to be made or taken by any other person or body, if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504.

Exceptions from conflict restrictions

145.6  (1) Sections 145.2 to 145.5 [disclosure of conflict; restrictions on participation; inside influence; outside influence] do not apply if one or more of the following circumstances applies:

(a) the pecuniary interest of the Council member is a pecuniary interest in common with electors of the city generally;

(b) in the case of a matter that relates to a local improvement project, the pecuniary interest of the Council member is in common with other persons who are or would be liable for the cost of the local improvement project;

(c) the matter relates to remuneration, expenses or benefits payable to one or more Council members in relation to their duties as Council members;

(d) the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter;

(e) the pecuniary interest is of a nature prescribed by regulation.

(2) Despite sections 145.2 to 145.5 [disclosure of conflict; restrictions on participation; inside influence; outside influence], if a Council member

(a) has a legal right to be heard in respect of a matter or to make representations to Council, and

(b) is restricted by one or more of those sections from exercising that right in relation to the matter,

the Council member may appoint another person as a representative to exercise the member's right on his or her behalf.

2003-52-504.

Restrictions on accepting gifts

145.7  (1) A Council member must not, directly or indirectly, accept a fee, gift or personal benefit that is connected with the member's performance of the duties of office.

(2) Subsection (1) does not apply to

(a) a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office,

(b) compensation authorized by law, or

(c) a lawful contribution made to a member who is a candidate for election conducted under this Act or Part 3 of the Local Government Act.

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504.

Disclosure of gifts

145.8  (1) This section applies if

(a) a member receives a gift or personal benefit referred to in section 145.7 (2) (a) that exceeds $250 in value, or

(b) the total value of such gifts and benefits, received directly or indirectly from one source in any 12 month period, exceeds $250.

(2) In the circumstances described in subsection (1), the Council member must file with the City Clerk, as soon as reasonably practicable, a disclosure statement indicating

(a) the nature of the gift or benefit,

(b) its source, including, if it is from a corporation, the full names and addresses of at least 2 individuals who are directors of the corporation,

(c) when it was received, and

(d) the circumstances under which it was given and accepted.

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504.

Disclosure of contracts with council members and former council members

145.9  (1) If the city enters into a contract in which

(a) a Council member, or

(b) a person who was a Council member at any time during the previous 6 months,

has a direct or indirect pecuniary interest, this must be reported as soon as reasonably practicable at a Council meeting that is open to the public.

(2) In addition to the obligation under section 145.2 [disclosure of conflict], a Council member or former Council member must advise the City Clerk, as soon as reasonably practicable, of any contracts that must be reported under subsection (1) in relation to that person.

(3) A person who contravenes subsection (2) is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504.

Restrictions on use of insider information

145.91  (1) A Council member or former Council member must not use information or a record that

(a) was obtained in the performance of the member's office, and

(b) is not available to the general public,

for the purpose of gaining or furthering a direct or indirect pecuniary interest of the Council member or former Council member.

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504.

Court order for person to give up financial gain

145.92  (1) If a Council member or former Council member has

(a) contravened any of the requirements of sections 145.2 to 145.91, and

(b) realized financial gain in relation to that contravention,

the city or an elector may apply to the court for an order under this section.

(2) Within 7 days after the petition commencing an application under this section is filed, it must be served on

(a) the Council member or former Council member, and

(b) in the case of an application brought by an elector, the city.

(3) On an application under this section, the court may order the Council member or former Council member to pay to the city an amount equal to all or part of the person's financial gain as specified by the court.

(4) In the case of an application made by an elector, if the court makes an order under subsection (3), the city must promptly pay the elector's costs within the meaning of the Supreme Court Civil Rules.

(5) The court may order that costs to be paid under subsection (4) may be recovered by the city from any other person as directed by the court in the same manner as a judgment of the court.

(6) Except as provided in subsection (4), the costs of an application are in the discretion of the court.

2003-52-504; 2010-6-97,Sch 7.

Quorum for conducting business

146.  (1) The acts done by a quorum of the Council or other administrative body shall not be held to be invalid by reason of the fact that the Council or administrative body is not at the time composed of the required number of members.

(2) The city may apply to the court for an order under subsection (3) if, as a result of section 145.2 [disclosure of conflict], the number of Council members who may discuss and vote on a matter falls below

(a) the quorum of the Council, or

(b) the number of Council members required to adopt the applicable by-law or resolution.

(3) On an application under subsection (2), the court may

(a) order that all or specified Council members may discuss and vote on the matter, despite sections 145.2 [disclosure of conflict] and 145.3 [restrictions on participation if in conflict], and

(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.

(4) An application under subsection (2) may be made without notice to any other person.

1953-55-146; 2003-52-505.

Continuing bodies

147.  The Council and other administrative bodies shall be deemed and considered to continue in existence notwithstanding any change in their membership, and proceedings begun by one Council or administrative body may be continued and completed by a succeeding Council or administrative body.

1953-55-147.

Unreasonableness no bar

148.  A by-law or resolution duly passed by the Council in the exercise of its powers, and in good faith, shall not be open to question in any Court, or be quashed, set aside, or declared invalid, either wholly or partly, on account of the unreasonableness or supposed unreasonableness of its provisions or any of them.

1953-55-148.

Time within which by-laws may be questioned

149.  Any by-law and any resolution passed by the Council in pursuance of its powers shall be absolutely valid and binding upon all parties concerned, and shall not be questioned in any Court unless within one month after its final passing

(a) a notice of application to quash the by-law or resolution under Part XXV of this Act has been served upon the city; or

(b) an action has been commenced in a Court of competent jurisdiction to set the by-law or resolution aside.

1953-55-149.

Good faith test of sales

150.  The determination of the Council as to the time when, the manner in which, the terms on which, the price for which, or the person to whom, any property of the city which the Council may lawfully sell shall be sold shall not be open to question or review by any Court if the purchaser is a person who may lawfully buy and the Council acted in good faith.

1953-55-150.

Exercise of Council powers by by-law and resolution

151.  (1) Except as restricted by this section, the powers of the Council may be exercised either by by-law or by resolution.

(2) A by-law may not be amended by resolution.

(3) If an enactment provides that Council is required or empowered to exercise a power by by-law, that power may only be exercised by by-law.

(4) If the Council exercises a power to direct that a thing should or should not be done and a person who fails to comply is subject to a fine or penalty, the power shall be exercised by by-law.

1993-54-63.

Power to accept property

152.  (1) The city may accept any property devised, bequeathed, conveyed or otherwise transferred to it, subject to any trusts on which the property is transferred.

(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, the Council may sell the property despite any limitations or restrictions in this Act.

(3) All monies held by the city subject to a trust, until required for the purposes of the trust, must be invested in the manner provided for the investment of sinking funds.

(4) If, in the opinion of the Council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the city, the Council may apply to the court for an order under subsection (5).

(5) On an application under subsection (4), the court may vary the terms or trusts as the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the city.

(6) Section 87 of the Trustee Act applies to an order under subsection (5).

1994-43-85; 1997-25-164.

Exceptional grants only upon assent of electors

153.  Except as otherwise provided by this or some other Act, the Council shall not have the power to grant to any person any special rights, franchise, privilege, immunity, or exception beyond such as all others in the like case are entitled to, unless the granting of the same has been authorized by a by-law requiring the assent of the electors.

1953-55-152.

Franchise for telegraph, steam-heat, or hot-water service

153A.  The Council may, by agreement, grant to any person a franchise for a term not exceeding thirty years for the supply of telegraph, steam-heat, or hot-water service and may in such agreement prescribe how and where mains, pipes, conduits, poles, and wires shall be installed and, without restricting the generality of the foregoing, may prescribe the other terms, conditions, and restrictions, including payments to the city, for and in connection with such franchise.

1966-69-24.

Power of Provincial Government to confer added powers in emergency

154.  If at any time, due to unforeseen events of unusual and pressing gravity, the Council, by a vote of not less than two-thirds of the members thereof, passes a resolution declaring that a state of emergency exists in the city, and that the powers then enjoyed by the Council are insufficient to cope with such emergency, the Lieutenant-Governor in Council may by Order confer on the Council such additional powers with respect to the management and disposal of the property and assets of the city as he thinks necessary for the period of such emergency, and thereupon the Council shall have and may exercise the powers so conferred.

1953-55-154.

Settlement of claims

155.  In respect of matters within its jurisdiction, the Council shall have power in its discretion to settle and compromise any claim, action, or proceeding made or taken by or against the city.

1953-55-155.

Witnesses may be required to attend

156.  The Council, or any committee of members of the Council, shall have power, under the hand of the Mayor, to summon witnesses for examination on oath in any and all matters within its jurisdiction, and the Mayor shall have the same power to enforce the attendance of such witnesses and compel them to give evidence as is vested in any Court of law in civil cases. The Mayor or chairman of the committee shall administer the oath to any witness, and such witness may be examined, cross-examined, and re-examined according to the practice of the Supreme Court in civil cases.

1953-55-156.

Declaratory judgments may be sought

157.  Where the Council deems it advisable, the city may institute an action or proceeding merely for a declaratory judgment or order in any Court of competent jurisdiction

(a) to ascertain the right of the city, or any person as against the city, in any matter or thing pertaining to any property, real or personal, or in respect to any moneys, claim, or demand whatsoever;

(b) to test the liability to taxation of any person or property;

(c) to ascertain the liability for or right to damages in any cause or matter;

and the Court may make binding declarations of right whether any consequential relief is sought or not, or is or could be claimed or not; and the Court shall have jurisdiction to hear and entertain such action or proceeding, and such action or proceeding shall not be open to objection merely because such declaratory judgment or order alone is sought thereby.

1953-55-157.

Recovery of costs in certain cases

158.  Notwithstanding that the city employs counsel or solicitors whose remuneration is wholly or partially payable by salary or retainer, the city shall have the right to recover and collect lawful costs in all actions, suits, arbitrations, and proceedings, in the same manner as if the counsel or solicitors were not so remunerated, whether such costs are by the terms of their employment payable to such counsel or solicitors as part of their remuneration in addition to their salary or retainer, or not.

1953-55-158; 1961-76-2.

Council may set up committees

159.  The Council may provide for such committees as it sees fit, and may refer any matter to a committee for report.

1953-55-159.

Discharge of committees

160.  All committees of Council shall stand discharged immediately before the first Monday after December 1 in the year of a general local election.

1993-54-64.

Delegation of powers

161.  By a vote of not less than two-thirds of its members, the Council may delegate, with or without restrictions or conditions, to any committee comprised

(a) of members of the Council; or

(b) of employees of the city; or

(c) of members of the Council and employees of the city,

any of the executive or administrative powers exercisable by the Council.

1953-55-161.

Permits and delegation of authority to issue permits

161A.  (1) Any regulatory by-law may provide for regulation by the use of permits and may do one or more of the following:

(a) fix a fee for a permit;

(b) provide for the effective period of a permit;

(c) establish terms and conditions of a permit;

(d) establish terms and conditions that must be met for obtaining, continuing to hold or renewing a permit;

(e) provide that terms and conditions for a permit may be imposed, the nature of the terms and conditions and who may impose them.

(2) Any official authorized by by-law to issue a permit may delegate that authority to any person under the official's control.

2009-22-78.

Suspension, revocation, etc., of permits

161B.  The Council may, by by-law, provide for the suspension, revocation, cancellation, or forfeiture, for cause, of any permit which may be granted in the exercise of its powers.

1963-60-3.

Council's power to set up departments, etc.

162.  The Council

(a) may establish and equip such departments and offices as it may from time to time deem expedient in the exercise of its powers, and may assign such functions and duties to the persons employed in such departments and offices as the Council may from time to time decide;

To appoint employees

(b) may provide for the appointment, suspension, and removal of such employees as may be considered necessary, and may fix their remuneration and hours of work, and shall require that their appointment, promotion, and change of status be based on merit and fitness.

1953-55-162; 1955-114-6; 1957-85-6.

To appoint a Board of Administration

162A.  The Council may by by-law provide for the appointment of a Board of Administration and may delegate to such Board any of the executive or administrative powers exercisable by the Council or any of the functions or duties by this Act specifically assigned to any officer or employee. The Council may by such by-law make provisions with respect to

(a) the persons who shall constitute the Board;

(b) the remuneration that shall be payable to the members of the Board. If the membership of the Board includes members of Council, the remuneration payable shall be in addition to the remuneration received as a member of Council and shall not disqualify such member from continuing to hold office as a member of Council;

(c) the matters coming within the jurisdiction of the Board;

(d) the procedure to be followed by the Board;

(e) such other matters as Council may deem fit.

1957-85-7.

Termination on one month's notice

163.  The engagement of every employee of the city engaged on a monthly or longer basis shall be subject to termination upon one month's notice in writing, but any employee may be dismissed without notice for good cause.

1953-55-163.

Provision for bonding

164.  So many of such employees as the Council may from time to time designate shall be bonded, for such obligation, in such amount, and with such surety as the Council directs. The premiums on such bonds shall be paid by the city.

1953-55-164.

Meeting procedures

164.1  (1) The Council must, by by-law, do the following:

(a) establish the procedures that are to be followed for the conduct of its business, including the manner by which resolutions may be passed and by-laws adopted;

(b) establish the procedures that are to be followed in conducting meetings of

(i)   select and standing committees of Council, and

(ii)   any other committee composed solely of Council members acting in that capacity;

(c) establish the time and place of regular meetings of Council;

(d) require advance public notice respecting the time, place and date of Council and committee meetings and establish the procedures for giving that notice.

(2) A by-law under this section must not be altered except by a by-law passed at a regular Council meeting in accordance with a notice in writing given and openly announced at an earlier regular meeting.

(3) If permitted under subsection (4), a Council meeting may be conducted by means of electronic or other communications facilities.

(4) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (3) and prescribing conditions, limits and requirements respecting such meetings.

1999-37-321.

By-laws covering —

165.  The Council may by by-law provide for

Conduct at Council meetings

(a) the conduct of Council members at meetings of the Council and its committees;

Quorum

(b) the fixing of a quorum for meetings of committees of Council;

Notice of meetings

(c) the means and length of notice of such meetings to be given to their members;

Minutes

(d) the minutes or other records of the business transacted by the Council and its committees;

Delegation of powers

(e) the delegation to a head of a department of such powers of employing, suspending, or dismissing an employee in that department as the Council sees fit;

Other regulations

(f) such other regulations not inconsistent with this Act as may be considered expedient in furtherance of the business of the Council, or any committee thereof;

Destruction of documents

(g) the destruction of receipts, warrants, vouchers, instruments, certificates, cancelled debentures and coupons, documents, records, and papers, and the conditions under which they may be destroyed.

1955-55-165; 1966-69-7,8; 1993-54-65; 1999-37-322.

General rule that meetings must be open to the public

165.1  (1) A meeting of the Council must be open to the public, except as provided in sections 165.2 to 165.8.

(2) The Council must not vote on the reading or adoption of a by-law when its meeting is closed to the public.

1999-37-323; 2003-52-506.

Meetings that may or must be closed to the public

165.2  (1) A part of a Council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the city or another position appointed by the city;

(b) personal information about an identifiable individual who is being considered for an award or honour, or who has offered to provide a gift to the city on condition of anonymity;

(c) labour relations or other employee relations;

(d) the security of the property of the city;

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the city;

(f) law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;

(g) litigation or potential litigation affecting the city;

(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the city, other than a hearing to be conducted by the Council or a delegate of Council;

(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 [disclosure harmful to business interests of a third party] of the Freedom of Information and Protection of Privacy Act;

(k) negotiations and related discussions respecting the proposed provision of an activity, work or facility that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the city if they were held in public;

(l) a matter that, under another enactment, is such that the public may be excluded from the meeting;

(m) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2);

(n) the consideration of whether the authority under section 165.21 [other persons attending closed meetings] should be exercised in relation to a Council meeting.

(2) A part of a Council meeting must be closed to the public if the subject matter being considered relates to one or more of the following:

(a) a request under the Freedom of Information and Protection of Privacy Act, if the Council is designated as head of the local public body for the purposes of that Act in relation to the matter;

(b) the consideration of information received and held in confidence relating to negotiations between the city and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party;

(c) a matter that is being investigated under the Ombudsperson Act, of which the city has been notified under section 14 [ombudsperson to notify authority] of that Act;

(d) a matter that, under another enactment, is such that the public must be excluded from the meeting;

(e) a review of a proposed final performance audit report for the purpose of providing comments to the auditor general on the proposed report under section 23 (2) of the Auditor General for Local Government Act.

(3) If the only subject matter being considered at a Council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.

1999-37-323; 2003-52-506; 2009-21-5,Sch 2.

Other persons attending closed meetings

165.21  (1) If all or part of a meeting is closed to the public, the Council may allow one or more officers and employees to attend or exclude them from attending, as it considers appropriate.

(2) If all or part of a meeting is closed to the public, the Council may allow a person other than officers and employees to attend,

(a) in the case of a meeting that must be closed under section 165.2 (2), if the Council considers this necessary and the person

(i)   already has knowledge of the confidential information, or

(ii)   is a lawyer attending to provide legal advice in relation to the matter, and

(b) in other cases, if the Council considers this necessary.

2003-52-506.

Requirements respecting closed meetings

165.3  (1) Before holding a meeting or part of a meeting that is to be closed to the public, the Council must state, by resolution passed in a public meeting,

(a) the fact that the meeting or part is to be closed, and

(b) the basis under the applicable subsection of section 165.2 on which the meeting or part is to be closed.

(2) The minutes of a meeting or part of a meeting that is closed to the public must record the names of all persons in attendance.

1999-37-323; 2003-52-506.

Repealed

165.4  [Repealed 2003-52-506.]

Expulsion from meetings

165.5  (1) If the person presiding at a Council meeting considers that another person at the meeting is acting improperly, the person presiding may order that the person is expelled from the meeting.

(2) If a person who is expelled does not leave the meeting, a peace officer may enforce the order under subsection (1) as if it were a court order.

1999-37-323; 2003-52-506.

Repealed

165.6  [Repealed 2003-52-506.]

Application to other city bodies

165.7  Subject to the regulations under section 165.8, sections 165.1 to 165.5 apply to meetings of the following:

(a) a public auditorium or museum board or commission under section 204A;

(b) the Building Board of Appeal under section 306B;

(c) [Repealed 2012-29-51.]

(d) the Park Board under section 485;

(e) the Board of Variance under section 572;

(f) heritage commission under section 581;

(g) a Court of Revision under this Act;

(h) other administrative bodies, other than the Board of Police Commissioners;

(i) an advisory committee, or other advisory body, established by Council under this or another Act;

(j) a prescribed body.

Regulations respecting open meetings

165.8  The Lieutenant Governor in Council may make regulations to do one or more of the following:

(a) prescribing a body or class of body for the purposes of section 165.7 (j);

(b) in relation to section 165.7, excluding a specified body from the application of sections 165.1 to 165.5;

(c) modifying any of the provisions of sections 165.1 to 165.5 in relation to a body that is subject to those provisions under section 165.7.

1999-37-323; 2000-7-259; 2003-52-506.

Special vote

166.  The votes of not less than 2/3 of the members present shall be necessary to supersede a ruling of the presiding officer at a meeting of the Council, or to rescind a resolution passed by the Council in its current term.

1990-76-2.

How by-law to be completed

167.  Upon the final passing of a by-law, the City Clerk shall sign the same, the Mayor, or other member of the Council presiding at the time the by-law was finally passed, shall affix his signature, and thereupon the City Clerk shall affix the common seal of the city thereto.

1955-55-167.

Inspection by public of records

168.  A bona fide request for the inspection of any record or document of the city, subject to reasonable regulations as to the time and manner of such inspection, or for a copy thereof, shall be complied with, unless for good cause the Director of Finance otherwise directs. For furnishing copies, the city may make the same charge as is made by the official stenographer to the Supreme Court for the like service.

1953-55-168.

Execution of contracts

169.  Save as otherwise provided in this Act, instruments to which the common seal is required to be affixed shall be signed by the persons designated for the purpose by the Council, or, if no such designation is made, shall be signed by the Mayor and the City Clerk.

1953-55-169; 1970-54-11.

Signing of cheques

170.  Cheques shall be signed by such persons, or otherwise authenticated in such manner, as the Council shall determine.

1953-55-170.

By-law provable by production

171.  Any printed document purporting to be a by-law of the city, or a copy thereof, and to be printed by authority of the Council shall be admitted as prima facie evidence of such by-law in all Courts of the Province.

1953-55-171.

Taxes, etc., are a debt due the city

172.  Real property and other taxes, water rates, licence and other fees, and all costs, charges, and expenses imposed by or pursuant to this Act and payable by any person to the city shall, without prejudice to any other remedy, be a debt due to the city recoverable by action in any Court of competent jurisdiction.

1953-55-172.

Council may declare emergency

173.  Where the powers conferred on Council are inadequate to deal with an emergency the Council may, by by-law adopted by a vote of at least two-thirds of its members, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.

1984-32-4.

Repealed

174.  [Repealed 1994-22-16.]

Union label may be required

175.  (1) It shall be lawful for the Council in awarding any contract to stipulate that all or any part of the materials supplied thereunder shall bear the union label.

Special provision in collective agreements

(2) It shall be lawful for the Council in making any collective agreement with employees of the city in respect of which the Council has jurisdiction, and who are represented by a labour organization as bargaining agent, to insert in such agreement a provision requiring, as a condition of continued employment, membership in such labour organization, or a preference of employment to members of such labour organization.

1953-55-175.

City may join employers' organization

175A.  The Council may, by a majority vote of all members of the Council, provide for the inclusion of the City in an employers' organization for the purpose of the Labour Relations Code.

1978-41-12; 1987-24-80, effective July 27, 1987 (B.C. Reg. 246/87); 1992-82-165.

Inquiry by barrister

176.  The Council may engage a barrister to investigate and report upon

(a) any alleged misfeasance, breach of trust, or other misconduct by

(i)   any member of the Council;

(ii)   any member of any other administrative body;

(iii)   any employee of the city;

(iv)   any person having a contract with the city

in regard to the duties or obligations of such member, employee, or person to the city;

(b) any matter connected with the good government of the city or the conduct of any part of its business, including any business conducted by any other administrative body.

1953-55-176.

Barrister's powers

177.  (1) The barrister engaged under section 176 must without delay make the investigation and report to the Council.

(2) For the purposes of an investigation and report, the barrister may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the barrister to answer questions on oath or affirmation, or in any other manner;

(b) produce for the barrister a record or thing in the person's possession or control.

(3) The barrister may apply to the court for an order

(a) directing a person to comply with an order made under subsection (2), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (2).

(4) The barrister may allow a person whose conduct is being investigated, and must allow a person against whom any charge is made in the course of an investigation, to be represented by counsel.

(5) A report must not be made against a person against whom any charge is made in the course of an investigation until the person

(a) has been given reasonable notice of the charge, and

(b) has been allowed full opportunity to be heard in person or by counsel.

2007-9-106.

Contempt proceeding for uncooperative person

177.1  The failure or refusal of a person subject to an order under section 177 (2) to do any of the following makes the person, on application to the court by the barrister, liable to be committed for contempt as if in breach of an order or judgment of the court:

(a) attend before the barrister;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

2007-9-106.

Barrister's fees

178.  The fees of the barrister and of any witness called by him or by the city shall be payable by the city.

1953-55-178.

Acquisition of parks, etc.

179.  The Council may acquire for the city such real property within or without the city as it thinks necessary for parks, playgrounds, pleasure-grounds, or recreational areas, and the Board of Parks and Recreation may from time to time make recommendations with respect thereto.

1953-55-179; 1956-70-3; 1978-41-13.

Indemnification of employees

180.  (1) In this section, "public service organization" shall mean a board or commission established pursuant to this Act, the Library Act or the Police Act, any society, association or other organization providing a public service within the city at the request of or with the consent of the council, and any member, director, employee or volunteer of such board, commission, society, association or organization.

(2) The council may, by a vote of not less than 2/3 of all members, provide for the payment of a sum required for the protection, defence or indemnification of an officer or employee of the city, a member of its council or any public service organization together with costs necessarily incurred and damages recovered where an action or prosecution is brought against him in connection with the performance of his duties, or where an inquiry under the Public Inquiry Act or other proceeding involves the administration of a department of the city or the conduct of a part of the civic business. The council shall not pay a fine imposed on an officer or employee on his conviction for a criminal offence.

(3) A resolution under subsection (2) is not invalid by reason only that a member of a council who would be entitled to payment under the resolution voted on it.

(4) The council may by by-law provide that the city will, to the extent therein set out, indemnify its officers and employees, members of its council or any public service organization against a claim for damages against an officer or employee, members of its council or public service organizations or any of them arising out of the performance of his or its duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim.

(5) The council may in a by-law under subsection (4) provide that the city will not seek indemnity against a public service organization in respect of an action that results in a claim for damages against the city by a third party unless the public service organization has been grossly negligent or has failed to comply with terms established governing the provisions of a public service.

(6) The council shall not seek indemnity against an officer, employee or member of council in respect of any action of the officer, employee or member that results in a claim for damages against the city, unless the claim arises out of the gross negligence of the officer, employee or member or where, in relation to the action that gives rise to the claim, the officer, employee or member wilfully acted contrary to

(a) the terms of his employment, or

(b) an order of a superior.

(7) Nothing in this section restricts the right of council to enter into a contract for the provision of property, goods or services which contains an obligation that council indemnify the provider of the property, goods or services for liability imposed on it arising from the provision of the property, goods or services.

1987-52-17; 1997-25-166; B.C. Reg. 337/2006; 2007-9-41.

Metric regulations

181.  The Lieutenant-Governor in Council may, by order, authorize the substituting of metric measure for measurement provisions in this Act on the basis in each case either of the numeric equivalent or of a rationalization of the measurement for practical use.

1976-32-23A, proclaimed effective July 8, 1976.

Repealed

182.  [Repealed 1987-52-18.]

Repealed

183.  [Repealed 1982-25-4.1.]

Questions may be submitted for the opinion of the electors

184.  The Council, for its own information, may submit for the opinion of the electors any question with which the Council has or desires to have the power to deal.

1993-54-66.

Council to provide for upkeep of city property

185.  (1) The Council may from time to time make the necessary expenditures for the maintenance, upkeep, conservation, repair and improvement of any property of the city.

(2) In addition to the proprietary rights of the city to control the use of its property, the Council may, by by-law, regulate the use of, or access to, any land owned or leased to the city.

1953-55-185; 1992-57-3; 1994-43-86.

Power to watch legislation

186.  Where it is satisfied that any proposed Dominion or Provincial legislation affecting the city should be watched, promoted, or opposed, the Council may provide for such watching, promotion, or opposition, and may defray the expenses incurred in relation thereto.

1953-55-186.

City may be represented before Boards, etc.

187.  Where it is satisfied that the interests of the city are concerned in any proceeding, inquiry, or hearing by any Board or Commission appointed under any Dominion or Provincial Statute, the Council may provide for the representation of the city thereat, and may defray the expenses incurred in relation thereto.

1953-55-187.

Intermunicipal bridges

188.  The Council may provide for joining with another municipality in the construction and maintenance of streets, bridges, tunnels, or other public works which are partly in the city and partly in such other municipality, or which are used by the city in connection with real property in another municipality acquired under any of the city's powers.

1953-55-188.

Good rule and government

189.  The Council may provide for the good rule and government of the city.

1953-55-189.

Council may acquire property

190.  (1) The Council may provide

(a) for acquiring such real property (within or without the city) and personal property as may be required for the purposes of the city;

Disposal of real property

(b) for disposing of any real or personal property of the city by sale, conveyance, lease, or licence when in the opinion of the Council such property is not required by the city, upon such terms and conditions as may be deemed expedient, and to accept in payment either money or other property; provided, however, that no parcel of real property which exceeds four hundred thousand dollars in value shall be sold to any person other than Her Majesty in her right of Canada or the Province, or any agency of the Crown, except by the affirmative vote of two-thirds of all the members of Council.

(2) Notwithstanding anything in this Act, the city may enter into agreements with the Government of Canada or its authorized representative and others, on terms and conditions the Council considers advisable, for the acquisition, leasing, use and development of that parcel of land within the City of Vancouver described as Block 56, District Lot 541, Plan 15375.

(3) In relation to the parcel referred to in subsection (2),

(a) the city may borrow amounts necessary for the purposes of acquiring, leasing, using and developing the parcel, including for the purposes of constructing improvements on the parcel;

(b) for the purpose of securing the repayment of amounts borrowed under paragraph (a) and any other amounts payable related to the acquisition, leasing, use and development of the parcel, the city may mortgage, assign or otherwise charge

(i)   any interest it has in the parcel,

(ii)   any interest or lease in the parcel that it has granted, and

(iii)   any monies payable to the city under a lease or other interest in the parcel that it has granted.

1953-55-190; 1955-114-7; 1958-72-13; 1966-69-9, effective January 1, 1964; 1969-45-11; 1977-30-147, proclaimed effective September 30, 1977; 1984-32-7; 1992-57-4.

Financing in relation to Southeast False Creek development

190.1  (1) In this section:

"development area" means that area of the city bounded on the north by False Creek, on the south by the southerly boundary of 1st Avenue, on the east by the easterly boundary of Ontario Street and that boundary's northerly production to False Creek, and on the west by the westerly boundary of Columbia Street and that boundary's northerly production to False Creek;

"development project" includes the acquisition, disposition, development, use or construction of property in the development area and of personal property related to any of these

(2) Despite any other provision of this Act, the city may, for purposes of financing of, or financing arising in relation to, the development project, on terms and conditions the Council considers necessary or advisable, do any or all of the following:

(a) incur liabilities, including by contracting debts by borrowing or otherwise under section 236 (1) [borrowing by-laws];

(b) provide financial assistance, including by lending money;

(c) grant security by way of mortgage or other charge on, or security interest in, property that is within the development area or that is identified by resolution of the Council as property associated with the development project;

(d) take security by way of mortgage or other charge on, or security interest in, any property;

(e) take assignment of a loan as lender, or assignment of another right or interest in relation to a liability, including any related security;

(f) assign or otherwise dispose of a right or interest, or security, taken under paragraph (d) or (e).

2009-1-1.

Power to buy and sell commodities

191.  The Council shall have power with the vote of not less than two-thirds of all its members and for the period of an actual emergency to provide that the city may buy and sell to the public gasoline, coal, wood, oil, and other fuel, and milk, fish, meat, and other foodstuffs, and may acquire and develop the necessary real property for the purpose.

1953-55-191.

City may enter into agreements pursuant to Statutes

192.  The Council shall have power to make the city a party

(a) to any agreement to which under the terms of any Act of the Dominion or the Province it is contemplated that municipalities may be parties and which the Council deems will be for the benefit of the city, including an agreement to borrow money in any case where the Act of the Dominion or Province authorizes or provides for the lending of money to municipalities;

(b) to any agreement with Her Majesty in her right of Canada or the Province, or any of her duly authorized agents, with respect to the construction, improvement, and maintenance of any private roads or ways, sewers, water-mains, poles, wires, pipes, conduits, or other utilities, installations, or equipment at any time situate on, over, or under the surface of any real property in the city in which Her Majesty aforesaid has any interest, and for contributing in whole or in part towards the cost thereof; provided that the entering into any such agreement or the expenditure of any money by the city hereunder shall not of itself constitute any road or way aforesaid a public street or highway or be deemed to be evidence of dedication or acceptance of the same as such.

1953-55-192; 1974-104-48.

Joint exercise of powers with other municipalities

192.1  (1) The city may join with another municipality to exercise a power conferred on the city by this Act.

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

(3) For the purpose of this section, the powers of the city extend beyond the boundaries of the city.

2003-52-507.

Power to undertake housing development

193.  The Council may acquire real property and, by removing or remodelling the buildings thereon, or by constructing dwellings thereon, develop such real property for the purpose of providing housing accommodation for such persons and on such terms as the Council shall think fit, and may maintain, improve, manage, and operate such housing accommodation, and may delegate to a board or commission appointed by the Council all or any of the powers of the Council under this section.

1953-55-193.

Power to acquire property for commercial or industrial development

193A.  The Council may acquire real property for the purpose of providing sites for commercial or industrial development, and for that purpose may

(a) demolish any building situate thereon;

(b) subdivide or resubdivide the said property;

(c) provide such services, including roads, water, and sewers, as may be deemed necessary or beneficial;

(d) construct such buildings or other improvements on the said property as in the opinion of the Council may be deemed advantageous;

(e) notwithstanding the provisions of section 190, hold, lease, sell, or otherwise dispose of such property on terms deemed advisable by Council without obtaining the assent of the electors; provided, however, that any lease in excess of thirty years shall contain a provision for revision of the annual rental at intervals not greater than ten years.

1954-65-2; 1964-72-3.

Power to acquire property for improvement or rehabilitation

193B.  The city may acquire real property for the purpose of furthering any plan for the improvement or rehabilitation of areas which in the opinion of the Council have become or are tending to become blighted or substandard areas.

1959-107-14.

Power to achieve heritage purposes

193C.  The Council may engage in activities or expend money for one or more of the following purposes:

(a) to acquire, conserve and develop heritage property and other heritage resources;

(b) to gain knowledge about the city's history and heritage;

(c) to increase public awareness, understanding and appreciation of the city's history and heritage;

(d) for any other activities that it considers necessary or desirable with respect to the conservation of the heritage property and other heritage resources.

1994-43-87.

Single room accommodation permits

193D.  (1) In this section:

"conversion" means conversion as defined under subsection (3) (d);

"delegate" means a delegate under subsection (3) (k);

"demolition" means demolition as defined under subsection (3) (d);

"permit" means a permit required under subsection (3) (e);

"low cost accommodation" means accommodation that is generally affordable to persons who reside in single room accommodation;

"single room accommodation" means property designated as single room accommodation under subsection (3) (b).

(2) The Council may, by by-law, regulate the conversion and demolition of single room accommodation.

(3) Without limiting subsection (2), a by-law under this section may do one or more of the following:

(a) apply to all or part of the city, as specified in the by-law;

(b) designate, by specific designation or description, all, part or proportions of buildings as single room accommodation for the purposes of the by-law;

(c) require that, in each building that has been subject to a designation under the by-law, a notice of the designation be posted, with the content and in the manner specified in the by-law;

(d) define for the purposes of the by-law

(i)   what change in the form of occupancy of single room accommodation or other changes constitutes conversion, and

(ii)   what constitutes demolition of single room accommodation;

(e) prohibit a person from undertaking the conversion or demolition of single room accommodation without first having obtained a permit under this section approving that conversion or demolition;

(f) provide that a permit may be limited in time;

(g) establish application fees for permits, which may be different for different values, types and extent of conversion or demolition;

(h) establish amounts that may be required under subsection (5) (d), which may be different for types or extent of conversion or demolition;

(i) establish conditions for the purposes of subsection (5) (g);

(j) provide that contravention of a condition specified under subsection (5) constitutes a violation of the applicable by-law under this section and renders the permit holder liable to the penalties which may be provided in the by-law;

(k) delegate to the Director of Planning, to any other official of the city designated in the by-law or to any board composed of officials of the city, the powers and duties of Council under this section in relation to the approval or refusal of permits;

(l) provide for the reconsideration by Council, or a committee of Council, of a decision of a delegate under this section and establish the bases and procedures for such a reconsideration;

(m) establish exemptions from the by-law for classes of buildings and classes of persons.

(4) Before adopting a by-law under this section, the Council must

(a) publish, in accordance with section 3, notice of Council's intention to adopt the by-law, including identification of the property to be designated as single room accommodation by the by-law, and

(b) provide an opportunity for persons to make their views respecting the by-law known to the Council.

(5) The Council or delegate may specify one or more of the following as conditions of a permit or of approving a permit:

(a) that alternate accommodation, not designated under subsection (3) (b) as single room accommodation at the time of the permit application, be provided in the same area at a similar rent;

(b) that comparable or better accommodation, either in accommodation required under paragraph (a) or in other accommodation at a similar rent in the same area, be made available to the tenants being displaced by the conversion or demolition;

(c) that the applicant enter into a housing agreement under section 565.2;

(d) that an amount specified under subsection (3) (h) be paid to the city for deposit into a reserve fund for the provision of accommodation to replace the accommodation that is to be converted or demolished under the permit;

(e) that the conversion or demolition be in accordance with the sequence and timing specified in the permit;

(f) that the applicant provide a specified amount of security, in a form satisfactory to the Council or delegate, to guarantee the performance of the other conditions of the permit;

(g) other conditions specified by by-law under subsection (3) (i);

(h) other conditions that the Council or delegate considers will encourage the supply of low cost accommodation.

(6) In determining whether to approve a permit, the Council or delegate must consider all of the following:

(a) the accommodation that will be available to the tenants affected by the conversion or demolition;

(b) the supply of low cost accommodation in the part of the city to which the by-law applies and in other parts of the city;

(c) the condition of the building that is the subject of the permit;

(d) the need to replace or improve, over time, single room accommodation in the city.

(7) In determining whether to approve a permit, the Council or delegate may also consider any other matters that the Council or delegate considers relevant.

(8) Money paid under subsection (5) (d) must be deposited into a reserve fund referred to in that subsection and may only be used for the purpose referred to in that subsection.

(9) Section 598 (3) to (7) applies in relation to security required under subsection (5) (f) of this section.

(10) If a permit is approved under this section in relation to a demolition, a development permit under section 565A for the same demolition may not be refused on the basis of a matter considered in making the decision under this section.

(11) A designation as single room accommodation may apply to property that, in the opinion of Council, could have been designated as single room accommodation on July 11, 1997 if the Council had had the authority to make that designation on that date.

(12) Section 569 (1) applies in relation to the exercise of any power or duty under this section by the Council or a delegate, or by any inspector, official or board of the city.

1997-44-1; 2010-6-127.

Daylight saving

194.  Subject to section 26 of the Interpretation Act, the Council may prescribe a period in each year for which the time for general purposes in the city shall be seven hours behind Greenwich time, and make regulations varying the reckoning of Pacific Standard time as defined in section 25 (7) of the Interpretation Act, and prescribe the period in each year in which the regulations so made shall be in force.

1953-55-194; 1997-25-167.

Insurance may be contracted for

195.  (1) The Council may contract for insurance against risks that may involve pecuniary loss or liability on the part of the city, and to pay the premiums therefor, or to provide for the establishment, maintenance, and investment of a special fund to meet such loss or liability, or any part thereof, instead of contracting for insurance against it.

(2) The council may contract for insurance or provide for the establishment and maintenance of a special fund to meet any obligation undertaken pursuant to section 180 (4).

(3) Without limiting the authority of the city to otherwise determine terms of employment for employees and officers, the Council may enter into agreements for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies, and may provide all or part of a premium required by such an agreement.

(4) Without limiting section 196, the Council may enter into agreements for benefits for Council members and their dependants, including medical and dental services and insurance policies.

(5) Council may provide all or part of a premium required by an agreement under subsection (4) for accident insurance coverage for Council members on city business.

(6) Other than a premium referred to in subsection (5), the Council must not provide all or part of the premium required by an agreement under subsection (4).

1953-55-195; 1987-52-19; 1993-59-45.

Employee and officer expenses

195A.  Without limiting the authority of the city to otherwise determine terms of employment, the Council may provide for one or more of the following payments:

(a) all or part of the expenditures made or expenses incurred by an officer or employee when the officer or employee is

(i)   representing the city,

(ii)   engaging in city business, or

(iii)   attending a meeting, course or convention;

(b) an allowance, daily or otherwise, for expenses incurred by an employee or officer when performing activities referred to in paragraph (a) (i) to (iii), if those expenses are not covered under that paragraph.

1993-59-46.

Council members' remuneration and expenses

196.  (1) The Council may, by by-law, provide for one or more of the following payments:

(a) remuneration to Council members for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those duties other than expenses covered under paragraph (b) or (c);

(b) all or part of the expenditures made or expenses incurred by a Council member when the Council member is

(i)   representing the city,

(ii)   engaging in city business, or

(iii)   attending a meeting, course or convention;

(c) an allowance, daily or otherwise, for expenses incurred by a Council member when performing the activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.

(2) A by-law under subsection (1) (b) or (c) must specify

(a) the types of expenses and expenditures that may qualify for payment, and

(b) the levels at which payment may be made.

(3) A by-law under subsection (1) may do one or more of the following:

(a) provide greater remuneration for the Mayor, Deputy Mayor and Acting Mayor than for other Council members;

(b) limit the types of activities that may qualify for payment under subsection (1) (b) or (c);

(c) set different levels for different types of expenses and expenditures.

1993-59-47.

Reporting of remuneration and expenses

196A.  (1) At least once a year, the Council must have prepared a report separately listing for each Council member by name

(a) the total amount of remuneration paid to the Council member under section 196 (1) (a), including any amount specified as an expense allowance,

(b) the total amount of expense payments for the Council member made under section 196 (1) (b) and (c), and

(c) any contracts reported under section 145.9 [disclosure of contracts with Council members and former Council members], including a general description of their nature.

(1.1) If applicable, the report under this section must also list contracts referred to in subsection (1) (c) for each former Council member.

(2) The report under subsection (1) must be considered by the Council at least once a year at a Council meeting that is open to the public and a copy of the report must be available for public inspection at the City Hall during its regular office hours from the date when it is considered by the Council until one year after that date.

(3) On payment of the applicable fee set under subsection (4), a person may obtain from the City Clerk copies or excerpts, as requested, of a report under subsection (1).

(4) The Council may, by by-law, set fees for the purpose of subsection (3).

1993-59-47; 2003-52-508.

By-laws may be revised

197.  The Council may, as occasion requires, provide for the revision and consolidation of the by-laws of the city or any of them.

1953-55-197.

Provision for civic holiday

198.  The Council may from time to time, by resolution, appoint a day as a civic holiday, and the Mayor may thereupon make proclamation accordingly.

1953-55-198.

Added powers of Council

199.  The Council, in addition to the powers specifically allotted to it, shall have power to do all such things as are incidental or conducive to the exercise of the allotted powers.

1953-55-199.

Expenditures to be kept within estimates

200.  authorize the expenditure for some other lawful purpose of money allocated in such estimates for a specific purpose; provided that if during any year it becomes apparent that revenue will exceed the estimated amount, the Council may authorize the expenditure of such excess for any lawful purpose.

(1) Except with the consent of the Lieutenant-Governor in Council, the Council shall not wilfully permit the total expenditures made in any year to exceed the amount allocated therefor in the estimates as adopted, but the Council may, except with respect to money allocated for

(a) interest on debentures;

(b) payments to sinking fund;

(c) instalments of principal in respect of debentures;

(d) amounts required for school purposes,

(2) The Council may authorize the expenditure for any lawful purpose of any balance carried forward from a previous year.

 1953-55-200; 2002-22-26.

Investment of city funds

201.  (1) Money held by the city that is not immediately required may be invested or reinvested by the Council in one or more of the following:

(a) securities of Canada or of a province;

(b) securities guaranteed for principal and interest by Canada or by a province;

(c) securities of a municipality, including the city, or a regional district;

(d) securities of the Greater Vancouver Water District or the Greater Vancouver Sewerage and Drainage District;

(e) securities of the Municipal Finance Authority;

(f) securities of or investments guaranteed by a chartered bank;

(g) deposits in a savings institution, or non-equity or membership shares of a credit union;

(h) pooled investment funds under section 16 of the Municipal Finance Authority Act;

(i) any of the investments permitted for the Municipal Finance Authority under section 16 (3) of the Municipal Finance Authority Act, including pooled investment portfolios under the Financial Administration Act.

(2) Section 16 (4) of the Municipal Finance Authority Act applies for the purposes of subsection (1) (i) of this section.

2002-22-27.

Property acquisition fund

201A.  (1) The Council may establish and maintain a property acquisition fund to be used to purchase any real or personal property that the City is authorized to acquire.

(2) The Council may, before or after the submission to the electors of a by-law or question authorizing the borrowing of monies for the acquisition of real or personal property for a designated purpose or purposes, purchase said property with monies from the property acquisition fund.

(3) At such time as a by-law or question is approved by the electors authorizing borrowing for the acquisition of properties purchased as provided in subsection (2) and monies are borrowed pursuant to such authorization, the monies so borrowed shall, subject to the powers of Council contained in section 244, be paid into the property acquisition fund.

1978-41-16.

Expenditures prior to adoption of estimates

202.  In any year, before the estimates are adopted, the Council may nevertheless authorize such expenditures as are necessary to carry on the business of the city, but such expenditures shall in no case exceed the amounts expended in the previous year for the like purposes, save where not less than two-thirds of all the members of the Council concur in such excess expenditure.

1953-55-202.

Social planning

202A.  The Council may provide for social planning to be undertaken, including research, analysis and coordination relating to social needs, social well-being and social development in the city.

1994-52-159.

Powers of Council re businesses, trades, etc.

203.  Where and to the extent that the Council is authorized to regulate, license, or tax persons carrying on a business, trade, profession, or other occupation, it shall have the power to

(a) divide and subdivide such businesses, trades, professions, or other occupations into as many groups or classes as it sees fit, having regard to the number of persons engaged therein, the extent of the accommodation offered to the public, or on such other basis as the Council may think expedient;

(b) differentiate and discriminate between groups or classes both as to the amount of any licence fee or tax to be paid and the terms and conditions under which any group or class may or may not carry on the business, trade, profession, or other occupation;

(c) define any business, trade, profession, or other occupation;

(d) prohibit, but only by the unanimous vote of the members present.

1953-55-203.

Authorized expenditures

204.  The Council may provide for the expenditure of money for

Recognition of guests

(a) the reception, entertainment, or other suitable recognition of guests or persons of importance whom the Council deems worthy thereof;

Celebrations

(b) the celebration of any anniversary or other patriotic event deemed by the Council to be desirable;

Disaster relief

(c) the relief of persons suffering from disaster, whether within or without the city, in cases where the Council deems such persons deserving of special assistance;

(d) and (e) [Repealed 1993-59-48.]

Rewards may be offered

(f) paying rewards offered by the Council to any person who furnishes information resulting in the conviction of any person guilty of any offence against any Statute of Canada or the Province or any by-law of the city;

Training to meet emergencies arising out of war, etc.

(g) aiding in the training and equipment of persons organized to deal with extraordinary emergencies arising out of actual or threatened war, civil disturbance, pestilence, general conflagration, earthquake, or other major disaster;

Awards to employees

(h) awarding medals or rewards to employees of the city who distinguish themselves in or about the course of their employment;

Heritage recognition

(h.1) recognizing the heritage value or heritage character of a property or area by making awards to the owner of such property or by installing, with the consent of the owner, plaques or other markers on or near the property;

Civic periodical authorized

(i) the production of a periodical or other publication containing such information as shall be deemed by the Council to be of advantage to the city;

Acquisition of property for public purposes

(j) acquiring real property for and establishing thereon and equipping, improving, maintaining, and providing for the management of

(i)   public libraries;

(ii)   public art galleries;

(iii)   public museums;

(iv)   civic office buildings, workshops, and yards;

(v)   public auditoriums;

(vi)   public schools;

(vi.1)   heritage property or land necessary for the conservation of heritage property;

(vii)   Juvenile Courts and detention homes;

(viii)   recreational centres;

(ix)   any other buildings or premises required for municipal purposes;

(k) the payment of out-of-pocket expenses incurred by any member of a board, commission, or other administrative body in the performance of his duties.

1953-55-204; 1970-54-12; 1993-59-48; 1994-43-88.

Operation of public auditorium or museum

204A.  The Council may provide for the appointment of a board or commission, and may delegate to such board or commission such powers as may be deemed reasonable and necessary for the efficient operation and management of any public auditorium or public museum established pursuant to the provisions of section 204.

1956-70-6; 1959-107-15.

Freedom of the city may be bestowed

205.  By unanimous vote of the members present, the Council may bestow the freedom of the city upon any person considered to merit such distinction, and thereafter such person shall, so long as the bestowal remains unrevoked, be entitled to be called a Freeman of the City of Vancouver.

1953-55-205.

Council may make grants and provide assistance

206.  (1) The Council may, by resolution passed by not less than two-thirds of all its members, provide for the making of money grants to

Charity

(a) any charitable institution;

Animal society, etc.

(b) any animal or poultry society or association;

Preventing cruelty to animals

(c) The British Columbia Society for the Prevention of Cruelty to Animals;

Archives

(d) the Archives of Vancouver;

Bands, orchestras, etc.

(e) any society or association promoting the production of music, whether by bands, orchestras, or otherwise;

Hospital

(f) the Vancouver General Hospital or any other hospital which in the opinion of Council provides similar services;

Assisting conventions in the city

(g) any organization proposing to hold a convention or meeting in the city which in the opinion of the Council will tend to the advantage of the city;

Athletic sports, etc.

(h) any society or association organizing or taking part in any public exhibition, game, or contest involving athletic sport, wherever held, which in the opinion of the Council will tend to the advantage of the city;

Association of municipalities

(i) any association comprised of municipalities which the Council deems it is in the interest of the city to belong to or assist;

Welfare organizations

(j) any organization deemed by the Council to be contributing to the culture, beautification, health, or welfare of the city;

Municipal ferries

(k) a municipality which operates a ferry from a wharf within the city to a wharf within that municipality.

(2) The Council may, by a vote of at least 2/3 of the votes cast and subject to any terms and conditions the Council considers appropriate, provide financial and other assistance for the conservation of property that is

(a) protected heritage property, or

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

1953-55-206; 1963-60-4; 1994-43-89; 1997-25-168.

Sunday sport

206A.  (1) Notwithstanding anything contained in the Sunday Observance Act or in any other Statute or law of the Province, where a by-law passed under subsection (2) hereof is in force and subject to its provisions, it shall be lawful for any person between one and ten o'clock in the afternoon of the Lord's Day, commonly called Sunday, to provide for or engage in any public game or sport for gain, or for any prize or reward, or to be present at any performance of such public game or sport at which any fee is charged, directly or indirectly, either for admission to such performance, or to any place within which the same is provided, or for any service or privilege thereat, that is specified in such by-law and which but for this section would be unlawful under section 6 of The Lord's Day Act (Canada), or to do or engage any other person to do any work, business, or labour in connection with any such public game or sport which but for this section would be unlawful under section 4 of The Lord's Day Act (Canada).

(2)  

(a) The Council may pass a by-law declaring subsection (1) to be in force throughout the city or in such part or parts thereof as may be specified in the by-law, and upon such by-law coming into force, subsection (1) shall apply throughout the city or in such specified part or parts, as the case may be.

(b) The application of subsection (1) shall be limited to such public games or sports as are specified in the by-law.

(c) [Repealed 1980-38-18, proclaimed effective August 28, 1980.]

(d) Where subsection (1) applies in specified parts of the city, the limitation authorized by clause (b) hereof may differ in different parts.

(e) The by-law may reduce the period of time between half past one and six o'clock mentioned in subsection (1).

(f) The by-law shall provide for the regulation and control of the public games and sports specified in it and may provide for the regulation and control of any matter or thing in connection with such public games and sports.

(g)  

(i)   No by-law passed under this section shall be repealed until the following question has been submitted to the electors, and a majority of affirmative votes obtained: "Are you in favour of the repeal of the by-law passed under the authority of the Vancouver Charter that regulates public games and sports for gain on the Lord's Day?"

(ii)   The Council may submit the question set out above to the electors.

(iii)   Upon the presentation of a petition requesting that the by-law passed under this section be repealed, signed by at least ten per centum of the electors of the municipality, the Council shall submit to the electors the question set out in subclause (i).

(h) Any petition mentioned in clause (g) (iii) above shall be deemed to be presented when it is lodged with the City Clerk, and the sufficiency of the petition shall be determined by him, and his certificate as to its sufficiency shall be conclusive for all purposes; provided, however, that a petition that is lodged with the City Clerk in the months of November or December shall be deemed to be presented in the month of February next following.

Proclaimed for June 18th, 1958, by O. in C. No. 1465/58

(3) This section shall come into force on a day proclaimed by the Lieutenant-Governor in Council in his Proclamation.

1958-72-14; 1978-41-17; 1980-38-18, proclaimed effective August 28, 1980; 1993-54-67.

Further relief from provisions of Lord's Day Act (Canada)

206B.  (1) Notwithstanding anything contained in any other Statute or law of the Province, where a by-law passed under subsection (2) is in force and subject to its provisions, it shall be lawful for any person after half past one in the afternoon of the Lord's Day, commonly called Sunday, or during such period or periods of time after half past one in the afternoon of the Lord's Day as are specified in the by-law, to provide for, engage in, or be present at any exhibition of motion pictures or any theatrical performance, concert, lecture, or any other exhibition or performance at which any fee is charged for admission to such exhibition, performance, concert, lecture, or other exhibition or performance and which, but for this section, would be unlawful under section 6 of the Lord's Day Act (Canada); or to do or engage any other person to do any work, business, or labour in connection with any such exhibition of motion pictures, theatrical performance, concert, lecture, or other exhibition or performance, as the case may be, which, but for this section, would be unlawful under section 4 of the Lord's Day Act (Canada).

(2) The Council may pass a by-law declaring subsection (1) to be in force throughout the city or in such part or parts thereof as may be specified in the by-law, and upon such by-law coming into force, subsection (1) shall apply throughout the city or in such specified part or parts, as the case may be.

(3) The by-law may specify and differentiate between different types of exhibitions of motion pictures, theatrical performances, concerts, lectures, or other exhibitions or performances, and may permit some and prohibit others.

1963-60-5.

Pensions for Council members

206C.  The Council may, subject to the approval of the Lieutenant-Governor in Council, by by-law, provide a pension for any member of Council, or any person who was a member of Council on December 31st, 1972, who has served for a period of not less than ten years.

1970-54-13; 1973-93-7.

Time as M.P. included

206D.  A by-law under section 206C may provide that, for the purpose of determining eligibility, time served as a Member of Parliament shall be deemed to be time served as a member of Council.

1972-38-6.

Contents  |  Preamble  |  I  |  II  |  III  |  IV  |  V  |  VI  |  VII  |  VIII  |  IX  |  X  |  XI  |  XII  |  XIII  |  XIV  |  XV  |  XVI  |  XVII  |  XVIII  |  XIX  |  XX  |  XXI  |  XXII  |  XXIII  |  XXIV  |  XXV  |  XXVI  |  XXVII  |  XXVIII  |  XXIX