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Vancouver Charter

[SBC 1953] CHAPTER 55

Part VIII — Public Works

City Engineer's status

288.  There shall be a City Engineer appointed by the Council who shall have duties and powers in addition to those prescribed by Statute as the Council may from time to time designate.

1953-55-288.

Streets and parks vested in city

289.  (1) Unless otherwise expressly provided, the real property comprised in every street, park, or public square in the city shall be absolutely vested in fee-simple in the city subject only to section 291A of this Act; provided that section 57 of the Transportation Act shall not apply to any street, park, or public square aforesaid; provided further, however, that it shall be lawful for the city to acquire from any person rights or easements for street, park, or public square purposes less than the fee-simple, whether on, above, or below the surface of any real property owned by such person.

(2) In the application of section 107 of the Land Title Act to a subdivision of land in the City of Vancouver, section 107 shall be construed as if for the words

(a) "land" and "highway", wherever they occur, "real property" and "street", respectively, were substituted, and

(b) "Crown in right of the Province,", in the first line of subsection (1) (d), were substituted "City of Vancouver,".

(3) The Registrar of the Vancouver Land Title District may accept evidence of a transfer of any real property in the city for street, park, or public square purposes in the form of a conveyance duly executed by all persons required by law to execute a conveyance thereof or by a plan only, if so executed, in lieu of or in explanation of a conveyance to the city of such real property if such plan is otherwise satisfactory to the Registrar aforesaid. The Registrar may require that such plan shall show the boundaries of any land remaining in the parcel after such transfer.

1953-55-289; 1953(2nd Sess.)-47-5; 1958-72-16; 1973-93-23; 1978-25-331,333, proclaimed effective October 31, 1979; 1997-25-174; 2004-44-160.

Use of streets and adjacent property

289A.  Despite this or any other Act, the Council may, by lease or licence, for such consideration and on such terms and conditions as may be agreed on, do the following:

(a) permit the use of the surface of streets closed and stopped up under this Act by the occupants of abutting property that is zoned for other than residential use;

(b) permit an owner or occupant of real property abutting on one side of a street to construct, maintain and use a bridge or other structure over or under the street for the purpose of access to real property occupied by the owner or occupant on the other side of the street;

(c) permit an owner or occupant of real property abutting on a street to construct, maintain and use a structure in or under any part of a street, whether or not the portion of the street included in the lease or licence extends beyond the side boundaries of the real property.

1994-52-160.

Protection of streets

290.  No person shall excavate in, cause a nuisance upon, encumber, obstruct, injure, foul, or otherwise damage a street, except under such terms and conditions as may be imposed by the Council.

1953-55-290.

Provision of Council for

291.  The Council may provide

Establishing streets

(a) for establishing, laying out, opening, maintaining, and improving streets, and for determining the width and boundaries of streets;

Stopping up

(b) for stopping up any street, or part thereof, and, subject to section 190, for disposing of any street, or part thereof, so stopped up;

Diverting

(c) for widening, altering, or diverting a street or part thereof;

Prohibiting obstructions

(d) for the prohibition and removal of any unauthorized encroachment or obstruction under, upon, or over a street, or any part thereof;

Grades

(e) for establishing a grade or level for any street, or any part thereof, and for making a charge for providing particulars of such grade or level;

Bench-marks

(f) for establishing and maintaining survey monuments and bench-marks;

(g) for regulating

Access to and from streets

(i)   the means of access to and from the street of any parcel abutting thereon and providing for the use of so much of the street as may be designated for the purpose of such access;

Encroachments on streets

(ii)   encroachments for a stipulated length of time upon, under, or over a street,

upon such terms as to rental, indemnity, or otherwise as may be prescribed, and, where it is deemed necessary, upon condition that the city shall have a registered charge upon the parcel to which such access or encroachment is appurtenant for the due performance of any term so prescribed and for the payment of any sums of money due the city for rental or otherwise, and for providing that any such sums may be inserted in the real-property tax roll as a charge imposed with respect to such parcel. Any provision in an agreement with the city purporting to create a charge against any parcel aforesaid, for the due performance of any terms prescribed as aforesaid, or for the payment of any sums of money aforesaid, may be registered as a charge against the interest in such parcel of the person making the agreement;

Snow and ice removal from roofs

(h) for requiring the owner or occupier of any real property to remove snow and ice from the roof or other part of a building or structure on the property;

Snow and ice removal from sidewalks

(i) for requiring the owner or occupier of real property designated by by-law to remove snow and ice from the sidewalk adjacent to the property;

(i.1) if an owner or occupier fails to perform the removal required under paragraph (i),

(i)   for removal of the snow and ice by another person at the expense of the owner or occupier, and

(ii)   for recovering the expense of removal from the owner or occupier;

Cleanliness of streets

(j) for prohibiting persons from depositing upon a street or on any other land without the approval of the owner any rubbish, sweepings, paper, hand-bills, refuse, or other discarded materials or things;

Ornamental trees

(k) for regulating the planting and care of shade or ornamental trees upon a street, and for prohibiting the injury or destruction of such trees;

Their trimming

(l) for causing any tree upon a street to be trimmed or removed when deemed necessary in the public interest;

Watercourses not to be obstructed

(m) for prohibiting any person from obstructing or impeding the flow of any stream, creek, watercourse, drain, or sewer;

Maps may be used

(n) for the use of maps of real property, approved by the City Engineer, in a by-law in place of, or in addition to, a detailed description of such real property.

1953-55-291; 1955-114-9; 1966-69-10; 1972-67-25; 1973-93-11; 1993-74-6.

Access to property and right to purchase

291A.  (1) A resolution shall not be passed for stopping up, altering, or diverting any street or part thereof if the effect of such resolution will be completely to deprive any owner of the means of ingress to or egress from any real property owned by him abutting such street unless in addition to making compensation to such owner, as provided in Part XXVI of this Act, another convenient means of access to his real property is provided, the sufficiency of which, for the purposes of this section only, shall be in the sole discretion of the Council; provided that where the owner consents in writing to the stopping-up, altering, or diverting of any street aforesaid the provisions of this subsection shall not apply to any resolution providing for the same. For the purposes of this section, the word "owner" means an owner as defined by the Land Title Act.

(2) Except as provided in subsection (2.1), if the Council decides to dispose of a street that

(a) was originally acquired by the city without payment, and

(b) has been stopped up, altered or diverted, whether opened, maintained or improved by the city or not,

the disposal price must be established by the Council and the owner of the abutting real property has the right to purchase the street at that price for a period of time set by the Council.

(2.1) Subsection (2) does not apply if the owner of the abutting real property has given the city a waiver of that owner's right to purchase.

(3) Where there is more than one abutting owner, each shall have the right to purchase so much of the real property comprising such street or portion of street so stopped up as the Council may decide, and the price fixed by Council aforesaid shall be apportioned between the parcels to be disposed of accordingly.

(4) If an owner does not exercise his right to purchase within such period as may be fixed by the resolution or any subsequent resolution, the Council may dispose of the part which he has the right to purchase to any other person at the same or greater price.

(5) Where the real property of an owner abutting a street stopped up by resolution also abuts any other street which the Council desires to widen, alter, or divert and requires for that purpose a portion of the real property aforesaid, the Council may, notwithstanding the provisions of subsections (2) and (3) hereof, exchange therefor so much of the real property comprising the street so stopped up for the real property so required as aforesaid as may be mutually agreed upon with such owner.

(6) If an owner of an abutting real property acquires a portion of a street under this section or otherwise, the Council may direct that the owner, as a condition of the disposal, consolidate the portion acquired with the abutting real property.

(7) Upon the deposit in the land title office of a copy of the resolution stopping up, altering, or diverting any street or part thereof, certified as such by the City Clerk, accompanied by a plan showing thereon the street or part thereof so stopped up, altered, or diverted, together with a conveyance of the whole or any part thereof completed in accordance with the requirements of the Land Title Act and the forms approved and fees payable under that Act, the registrar shall, notwithstanding sections 107 and 108 of the Land Title Act or section 289 (2) of this Act or the provisions of any other Act, and whether the city appears on the records of the land title office as the owner or not, on finding a good, safeholding marketable title in fee-simple in the applicant, register the real property described in the said conveyance in the name of the grantee therein and issue to him a certificate of indefeasible title thereto. Any conveyance executed under this section shall have effect as a Crown grant.

(8) Where the city is the owner of any real property abutting the street or portion thereof stopped up, diverted, or altered by the Council pursuant to this Act, the provisions of this section shall, mutatis mutandis, apply to the city as such owner or applicant, but in any such case it shall not be necessary for the city as the applicant to deposit in the land title office the conveyance referred to in subsection (7) hereof, and the Registrar aforesaid shall forthwith register the real property in the name of the city.

1958-72-17; 1963-60-7; 1973-93-24; 1978-25-331,332,334, proclaimed effective October 31, 1979; 1993-74-7; 1997-25-175; 2004-66-164.

Appeal against decision of Registrar

291B.  In case any person is dissatisfied with any decision of the Registrar of the Vancouver Land Title District under the provisions of this Act, such person may, within twenty-one days of the receipt of notice of such decision, appeal to a Judge of the Supreme Court in a summary way by petition, and section 308 of the Land Title Act shall, mutatis mutandis, apply to such appeal.

1958-72-18; 1978-25-333,335, proclaimed effective October 31, 1979; 1997-25-176.

Subdivision control

292.  (1) For the purpose of regulating the subdivision of land, the Council may make by-laws

(a) regulating the area, shape, and dimensions of parcels of land and the dimensions, locations, alignment, and gradient of streets in connection with the subdivision of land, and may make different regulations for different uses and for different zones of the city;

(b) requiring that a proposed subdivision

(i)   be suited to the configuration of the land being subdivided;

(ii)   be suited to the use for which it is intended; and

(iii)   must not make impracticable the future subdivision of the land within the proposed subdivision or of any adjacent land;

(c) requiring that the streets within the subdivision be cleared, graded, drained and surfaced to the prescribed standard;

(d) establishing minimum standards with respect to the matters referred to in paragraphs (a) to (c);

(d.1) providing exceptions to the minimum standards under paragraph (d), or establishing different minimum standards with respect to matters referred to in paragraphs (a) to (c), for land that is occupied by a building or structure which has heritage value;

(e) requiring that a water-distribution system, a sanitary sewage-collection system, or storm-water collection system or a combined sewage-collection system, or any of them, be provided in accordance with standards set out in the by-law, and requiring that provision be made for the connection of such systems with the established systems of the city, but if the city requires that any mains of such systems be of a diameter in excess of that required to service the subdivision, the city shall assume and pay the cost of providing the excess capacity;

(f) requiring that all power-lines, telephone-lines, or any other wires or cables shall be installed underground. The by-law may provide that the Council shall have power to waive this requirement where the applicant for the subdivision would be put to an unreasonable expense;

(g) for providing that

(i)   upon any subdivision of a parcel of land exceeding twenty acres there shall be conveyed to the city, without compensation, a portion of such land for park or recreation purposes other than streets, such portion not to exceed ten per centum of the land included in the subdivision;

(ii)   the size, dimensions, and location of the portion of the land to be conveyed to the city shall be determined by the approving officer;

(iii)   the Council may accept in lieu of the conveyance to the city of the lands to which it is entitled hereunder, or any portion thereof, the payment of a sum of money equivalent to the actual value of such land or portion thereof immediately prior to the subdivision;

(iv)   the conveyance to the city of the lands to which it is entitled hereunder shall contain a provision that such lands may be sold, leased, or otherwise alienated by the Council after the expiration of three years from the date of the conveyance;

(v)   a further subdivision of the lands included in a subdivision, a portion of which has been conveyed to the city for the purposes aforesaid, shall not be subject to the provisions of a by-law passed pursuant to clause (g);

(vi)   all moneys received by the city pursuant to the provisions of clauses (iii) and (iv) shall be held in trust and used only for the purpose of providing public park or recreation facilities;

(h) establishing subdivision application fees payable to the city, which may vary according to the size of the property to be subdivided, the number of lots to be created and the type or classification of the property;

(i) establishing fees payable to the city for changes to a subdivision plan or a by-law under this section.

(1.1) A fee under subsection (1) (h) or (i) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application to which the fee relates.

(2) The owner of land being subdivided shall provide, without compensation, land for streets in accordance with a by-law under subsection (1).

(3) The approving officer may refuse to approve a subdivision plan if he is of the opinion that the cost to the city of providing or maintaining public utilities or other municipal works or services would be excessive.

(4) Where any provision of, or made under, the Land Title Act or any other Act with respect to the subdivision or resubdivision of real property, or the approval, acceptance, or refusal thereof, is inconsistent with any provision of a by-law passed pursuant to this section, the provision of the by-law shall prevail.

(5) Where, as a result of an expropriation that occurs after this section comes into force, a parcel of land that could have been subdivided into 2 or more parcels under a by-law in effect when the land expropriated was vested in the expropriating authority can no longer be subdivided into the same number of parcels, the parcel shall be deemed to conform to the applicable by-law for the purposes of the subdivision as though the expropriation had not occurred, but only to the extent that none of the parcels that would be created by the subdivision would be less than 90% of the area that would otherwise be permitted by the applicable by-law.

(6) Subsection (5) does not apply where the owner of the parcel being subdivided has received compensation that is directly attributable to the reduction in the market value of the land that results from the inability to subdivide the parcel in the manner that would have been permitted under the applicable by-law.

1953-55-292; 1965-68-24,25; 1966-69-11; 1970-54-19; 1977-30-148, proclaimed effective September 30, 1977; 1978-25-332, proclaimed effective October 31, 1979; 1990-76-3; 1992-57-5; 1993-74-8; 1994-43-90; 1994-52-161; 1997-25-177.

Appeal and procedure

293.  (1) There shall be an appeal to a Judge of the Supreme Court in Chambers by any person who is aggrieved by the approval of, or the refusal to approve, a subdivision or resubdivision pursuant to a by-law made pursuant to section 292.

(a) A person so aggrieved may, within twenty-one days after the receipt by him of notice of such approval or refusal, apply to the Judge in a summary way by petition supported by affidavit, stating all the facts of the case, and that to the best of the information, knowledge, and belief of the deponents such facts have been fairly disclosed:

(b) All parties interested, including the city, shall be served with the petition, together with all material intended to be used at the hearing of the appeal:

(c) At least ten days' notice shall be given of the time and place of hearing, and all parties interested may appear and be heard:

(d) The Judge may make any order he sees fit as to the notification of other parties of the hearing, and upon the hearing may make such order not inconsistent with the by-law as may be just in the premises, and may make such order as to the costs of the parties appearing as he may see fit.

(2) An appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

1953-55-293; 1982-7-109, proclaimed effective September 7, 1982.

Limitation of actions

294.  (1) All actions against the city for the unlawful doing of anything purporting to have been done by the city under the powers conferred by any Act of the Legislature, and which might have been lawfully done by the city if acting in the manner prescribed by law, shall be commenced within six months after the cause of such action shall have first arisen, or within such further period of time as may be designated by the Council in any particular case, but not afterwards.

(2) The city is in no case liable for damages unless notice in writing, setting forth the time, place, and manner in which such damage has been sustained, shall be left and filed with the City Clerk within two months from and after the date on which such damage was sustained; provided that in case of the death of a person injured the want of a notice required by this subsection is not a bar to the maintenance of the action. The want or insufficiency of the notice required by this subsection is not a bar to the maintenance of an action if the Court or Judge before whom such action is tried or, in the case of an appeal, the Court of Appeal is of the opinion that there was reasonable excuse for the want or insufficiency and that the city has not been thereby prejudiced in its defence.

(3) No action for damages lies or shall be instituted against a civic public officer for anything said or done or omitted to be said or done by him in the performance or intended performance of his duty or the exercise of his power or for any alleged neglect or default in the performance or intended performance of his duty or exercise of his power.

(4) In this section "civic public officer" means

(a) the members of council,

(b) the members of the Board of Parks and Recreation,

(c) the directors of a regional board,

(d) the members of the Library Board,

(e) the members of the Board of Variance,

(f) the members of the Building Board of Appeal,

(g) an officer or employee of the City or the Library Board,

(g.1) an election official appointed under section 14,

(g.2) a member of a heritage commission under section 581,

(h) a special constable, and

(i) any volunteer who participates in the delivery of services by the city, or the bodies referred to in paragraphs (b) to (e) under the supervision of an officer or employee of the city, or of those bodies or an officer or employee of any of those bodies.

(5) Subsection (3) does not provide a defence where

(a) the civic public officer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or

(b) the cause of action is libel or slander.

(6) Subsection (3) does not absolve any of the corporations or bodies referred to in subsection (4) (a) to (h) from vicarious liability arising out of a tort committed by any of the individuals referred to in subsection (4) which the corporation or body would have been liable for had this section not been in force.

(7) Nothing in this section shall be construed to limit or restrict council's power to indemnify pursuant to section 180 of this Act.

(8) The city, or any officer or employee thereof, in inspecting and approving plans or in inspecting buildings, utilities, structures or other things requiring a permit for their construction, has no legal duty, on which a cause of action can be based, to ensure that plans, buildings, utilities, structures or other things so constructed, comply with the by-laws of the city or any other enactment. The city, or any officer or employee thereof is not liable for damages of any nature, including economic loss, sustained by any person as a result of neglect or failure of the city or officer or employee thereof to discover or detect contraventions of the by-laws of the city or other enactment or from the neglect or failure, for any reason or in any manner, to enforce such a by-law or enactment or for any damage from a failure to recommend, or resolve to file a notice in the land title office pursuant to section 336D.

(9) The city or any officer or employee thereof is not liable in any action based on nuisance or the rule in Rylands v. Fletcher or in any claim or action for injurious affection where the damages giving rise to the action or claim arise directly or indirectly out of the breakdown or malfunction of

(a) a sewer system,

(b) a water system,

(c) a drainage facility or system, or

(d) a dyke or road.

1962-82-8; 1975-37-16, effective July 1, 1975; 1987-52-21 to 23; 1993-54-70; 1994-43-91.

Repealed

294A.  [Repealed 1975-37-16, effective July 1, 1975.]

Remedy over

295.  In case an action is brought against the city to recover damages sustained by reason of any obstruction, excavation, or opening, or covering, or overhead structure, in or near to or over a street, placed, made, left, or maintained by any person, other than a servant or agent of the city, or to recover damages sustained by reason of any negligent or wrongful act or omission of or failure to comply with the provisions of any Statute or by-law of the city, or any contract, covenant, or agreement by any person, other than a servant or agent of the city, the city shall have a remedy over against such person, and may enforce payment accordingly of the damages and costs, if any, which the plaintiff in the action may recover against the city.

1953-55-295.

Third-party procedure

296.  The city shall be entitled to such remedy over in the same action if the other person is made a party to the action, and if it is established in the action as against such other person that the damages were sustained by reason of an obstruction, excavation, or opening in or near to a street so placed, made, left, or maintained by him, or by reason of any negligent or wrongful act or omission of any person, other than a servant of the city; and the city may in such action have the other person added as a party defendant or third party for the purposes hereof (if not already a defendant in the action jointly with the city); and the other person may defend such action as well against the plaintiff's claim as against the claim of the city to a remedy over; and the Court or Judge, upon the trial of the action, may order costs to be paid by or to any of the parties thereto, or in respect of any claims set up therein, as in other cases.

1953-55-296.

If claim paid by city

297.  If such other person be not a party defendant to such action, or be not added as a party defendant or third party, or if the city has paid the claim for such damages before any action is brought to recover the same, of before any recovery of damages or costs against the city therein, the city shall have a remedy over by action against such other person for such damages and costs as have been sustained by reason of any obstruction, excavation, or opening placed, made, left, or maintained by such other person.

1953-55-297.

When validity of judgment applies

298.  Such other person shall be deemed to admit the validity of the judgment, if any, obtained against the city in cases only where a notice has been served on such other person pursuant to the provisions of the Rules of Court in that behalf, or where such other person has admitted or is estopped from denying the validity of such judgment.

1953-55-298.

Condition of recovery

299.  Where no such notice has been served, and there has been no such admission or estoppel, and the other person has not been made a party defendant or third party to the action against the city, or where such damages have been paid without action or without recovery of judgment against the city, the liability of the city for such damages, and the fact that the damages were sustained by reason of an obstruction, excavation, or opening placed, made, left, or maintained by the other person, must be established in the action against such other person to entitle the city to recover in such action.

1953-55-299.

Water

Powers of Council

300.  The Council may provide

Acquisition and distribution of water

(a) for acquiring water from the Greater Vancouver Water District, or elsewhere, and for distributing, supplying, and making it available for use to persons within the city at such rates and upon such terms and conditions as may be provided by by-law, and for differentiating as to such rates, terms, and conditions among various classes of persons and uses as may be provided by by-law;

Water system

(b) for the construction, installation, maintenance, repair and regulation of a system of pumping stations, water-mains and other water-pipes, including valves, fittings, hydrants, meters and other necessary appliances and equipment, for either or both of the following purposes:

(i)   distributing and supplying potable water;

(ii)   distributing and supplying salt water for fire fighting and other purposes;

(b.1) for acquiring real property and easements for the purposes of clause (b);

Recovery of charges

(c) for compelling payment of the rates for such water and any other charges prescribed by the by-law;

Collectable as taxes

(d) for authorizing the insertion in the real-property tax roll of any water rates as charges imposed with respect to the parcel upon which the water was used, or to which it was made available for use;

Water-main rental

(e) for requiring any owner or occupier of any parcel of real property abutting on any street in which a water-main is installed to pay a reasonable rental therefor to the city whether water is supplied to such parcel or not;

Water connections

(f) for the installation of a connection to any parcel of real property abutting on any street in which a water-main is installed, from such main, and for fixing the fees therefor and the terms and conditions upon which such a connection shall be installed;

Abutting parcels to be connected

(g) for compelling the owner and occupier of any parcel of real property abutting on any street in which a water-main is installed to install an effective connection with such main;

Supply may be interfered with

(h) that supply of water in the whole or any part of the city may be diminished or restricted or, if deemed necessary, cut off during such period as may be specified without giving rise to any claim against the city;

Inspection

(i) that a person authorized for the purpose by the city shall have reasonable access to any part of any premises in order to inspect any water-pipe, meter, appliance, or fixture upon such premises.

1953-55-300; 1993-74-9.

Energy Utility System

Establishment and operation of energy utility system

300.1  (1) In this section:

"energy" means light, heat, cold or power distributed or delivered by water, electricity, steam, natural gas or any other agent;

"energy utility system" means a system for the generation, storage, transmission and distribution of energy.

(2) The Council may provide for the following:

(a) the design, construction, installation, maintenance and repair of an energy utility system, for all or any part of the city, including all necessary appliances and equipment;

(b) acquiring, managing and maintaining real property, inside or outside of the city, and all necessary appliances and equipment for the purposes of an energy utility system.

(3) Without limiting subsection (2), the Council may provide for the following:

(a) by by-law, regulating the design, construction, installation, maintenance and repair of an energy utility system, including all necessary appliances and equipment;

(b) by by-law, compelling persons to make use of the energy utility system;

(c) by by-law, establishing the terms and conditions on which persons may make use of the energy utility system, which terms and conditions may vary in relation to one or more of the following as established by the Council:

(i)   different classes of energy;

(ii)   different classes of persons;

(iii)   different classes of property;

(iv)   different areas of the city;

(v)   different classes of energy services;

(d) by by-law, requiring all persons to conform to the applicable terms and conditions under paragraph (c);

(e) by by-law, requiring any owner or occupier of any parcel of real property that is capable of being served by the energy utility system to pay a levy to the city for the opportunity to use the system, whether or not they in fact use the system, which levy may vary in relation to one or more of the following as established by the Council:

(i)   different classes of energy;

(ii)   different classes of persons;

(iii)   different classes of property;

(iv)   different areas of the city;

(v)   different classes of energy services;

(f) by by-law, setting charges for use of the energy utility system, which charges may vary in relation to one or more of the following as established by the Council:

(i)   different classes of energy;

(ii)   different classes of persons;

(iii)   different classes of property;

(iv)   different quantities of energy;

(v)   different classes of energy services;

(g) by by-law, compelling the payment of levies and charges under paragraphs (e) and (f), including providing that the levy or charge may be inserted in the real-property tax roll with respect to the parcels to which it relates;

(h) entering into contracts with persons with respect to all or part of the energy utility system or the supply of energy, on terms and conditions prescribed by the Council;

(i) by by-law, establishing exemptions from terms and conditions under paragraph (c) or charges under paragraph (f) on the basis that

(i)   the person or property does not require the service,

(ii)   payment for the service would place an undue financial hardship on the person or property, or

(iii)   there are restrictions or limitations related to the configuration of the real property or access to the real property;

(j) by by-law, delegating to persons authority to do one or more of the following:

(i)   enter onto real property, at any reasonable time, for the purpose of installation, maintenance, repair or removal of an energy utility system, including appliances or equipment;

(ii)   enter onto real property, at any reasonable time, to inspect the real property and appliances and equipment, and enforce any by-law under this section;

(iii)   determine applications for exemptions authorized by by-law;

(iv)   vary the level and terms of service provided by the energy utility system among classes as defined by by-law under this section.

2007-6-43.

Wharves

Provision of wharves

301.  The Council may provide for acquiring, leasing, constructing, repairing, improving, and maintaining wharves and slips for the use of the city, and for permitting persons to use the same, or any part thereof, upon such terms as may be prescribed.

1953-55-301.

Sewers and Drains

Powers of Council

302.  The Council may provide

Sewerage and drainage system

(a) for the construction, installation, maintenance, repair, and regulation of a system of sewerage and drainage, including all necessary appliances and equipment, and for acquiring real property and easements therefor;

Course of sewers and drains

(b) for conducting any sewer or drain beyond the limits of the city, or into the waters of Burrard Inlet, English Bay, Georgia Strait, or the North Arm of the Fraser River;

Basic sewer and drainage levy

(c) by by-law, for requiring the owner or occupier of any parcel of real property that is capable of being served by a sewer or drain to pay a levy to the city for the opportunity to use the sewer or drain, whether or not the parcel is connected with the sewer or drain, which levy may vary in relation to different classes of property as established by the Council, including but not limited to classes based on the area of the property or on the area of the property covered by impermeable material;

Sewer and drainage use charges

(d) by by-law, for requiring the owner or occupier of any parcel of real property to pay a charge to the city on the use of a sewage or drainage system, which charge may vary in relation to one or more of the following as established by the Council:

(i)   different classes of property, including but not limited to classes based on the area of the property or on the area of the property covered by impermeable material;

(ii)   different classes of users;

(iii)   the number, size and type of connections;

(iv)   the quantity of water delivered to the property;

(v)   the area of the parcel that is covered by impermeable material;

(vi)   the volume of drainage flowing from the property, as measured or estimated by the City Engineer;

(vii)   different classes of effluents;

(viii)   the volume and quality of each class of effluent discharged by the user, as measured or estimated by the City Engineer;

(ix)   for charges in relation to sewerage facilities of the Greater Vancouver Sewerage and Drainage District, any of the factors under section 7C (2) (b) and (c) of the Greater Vancouver Sewerage and Drainage District Act;

Connection may be required

(e) for compelling the owner or occupier of any parcel of real property abutting on any street in which a sewer or drain is laid to install an effective connection with such sewer or drain, and that the fee for such connection as prescribed by by-law shall be charged against the parcel served thereby by inserting in the real-property tax roll as a charge imposed with respect to such parcel such annual amounts and for such number of years as the by-law may provide;

Provision for installation

(f) for the installation of a connection to any parcel of real property abutting on any street in which a sewer or drain is installed, from such sewer, and for fixing the fees therefor and the terms and conditions upon which such connections shall be installed;

Terms of unstopping connections

(g) for the unstopping of any such connection, and for requiring that the applicant therefor shall bear the cost of such unstopping, except where it becomes necessary through default on the part of the city;

Connection to new sewers

(h) that when a new sewer or drain is installed in any street, a connection from the sewer or drain to the street-line shall then be installed opposite each taxable parcel of real property abutting on such street and having thereon any building, and that any work upon the said parcel necessary to join such connection effectively to any building shall be done as part of the work of installing the said connection and for providing that the fee for such connection as prescribed by by-law shall be charged against the parcel so served by inserting in the real-property tax roll as a charge imposed with respect to such parcel such annual amounts as the by-law may provide;

Charges payable in annual amounts

(i) that the registered owner of any parcel abutting on any street wherein is already installed a sewer or drain who may desire to have such a connection installed to serve such parcel may, by writing, charge the said parcel with the cost of such connection in such annual amounts as the by-law may prescribe, and that such amounts may be inserted in the real-property tax roll as a charge imposed with respect to such parcel;

Levy and charges to be paid

(i.1) by by-law, for compelling the payment of the levies and charges under paragraphs (c) to (i), including providing that such a levy or charge be inserted in the real-property tax roll with respect to the parcels to which it relates;

Septic tanks

(j) for regulating the installation and use of septic tanks, and for prohibiting their use where sewers are available, or where their use might constitute a menace to health;

Sewage and surface-water disposal

(k) for making such regulations for the disposal of sewage and surface water as is deemed necessary in the interest of health and sanitation;

Watercourses

(l) for widening, deepening, straightening, diverting, or otherwise improving natural and other watercourses and protecting the same from encroachment and injury;

Their position

(m) for determining the position of such watercourses, whether upon city property or upon privately owned property, and for incorporating them in the city's drainage system;

Sewage-disposal plant

(n) for establishing and maintaining within or without the city a system of sewage-disposal by means of works designed for the processing and purification of sewage and for the sale or other disposition of the resulting products;

Flood control

(o) for the construction and maintenance of dykes or embankments and ancillary facilities to prevent the flooding of land.

1953-55-302; 1959-107-17; 1962-82-10; 1988-67-1; 1997-25-178.

Solid Waste

Powers of Council

303.  The Council may provide for the following:

Solid waste disposal system

(a) establishing and maintaining a system for the collection, removal, transfer, disposal and recycling of solid waste, being discarded matter including materials that are recyclable;

(b) acquiring, managing and maintaining real property, inside or outside the city, and for erecting, equipping, managing and maintaining the transfer facilities, recycling facilities, disposal facilities, buildings, incinerators, machinery and all other equipment, facilities and plant as may be necessary for or ancillary to any of the purposes of the solid waste system;

Requiring persons to use system

(c) by by-law, compelling persons to make use of the solid waste system;

Terms and conditions of use

(d) by by-law, establishing the terms and conditions on which persons may make use of the solid waste system, which terms and conditions may vary in relation to one or more of the following as established by the Council:

(i)   different classes of waste;

(ii)   different classes of persons;

(iii)   different classes of property;

(iv)   different areas of the city;

(v)   different classes of solid waste services;

(e) by by-law, requiring all persons to conform with the applicable terms and conditions established under paragraph (d);

Basic solid waste levy

(f) by by-law, requiring any owner or occupier of any parcel of real property that is capable of being served by the solid waste system to pay a levy to the city for the opportunity to use the system, whether or not they in fact use the system, which levy may vary in relation to one or more of the following as established by the Council:

(i)   different classes of waste;

(ii)   different classes of persons;

(iii)   different classes of property;

(iv)   different areas of the city;

(v)   different classes of solid waste services;

User charges

(g) by by-law, setting charges for use of the solid waste system, which charges may vary in relation to one or more of the following as established by the Council:

(i)   different classes of waste;

(ii)   different classes of users;

(iii)   different classes of property;

(iv)   different quantities of waste;

(v)   different classes of solid waste services;

Compelling payment of levy and charges

(h) by by-law, compelling the payment of levies and charges under paragraphs (f) and (g), including providing that such a levy or charge be inserted in the real-property tax roll with respect to the parcels to which it relates;

Exemptions

(i) by by-law, establishing exemptions from terms and conditions under paragraph (d) on the basis that

(i)   the person or property does not require the service,

(ii)   the person has a physical disability, or

(iii)   there are restrictions or limitations related to the configuration of the real property or access to the real property;

Delegation to City Engineer

(j) by by-law, delegating to the City Engineer authority to do one or more of the following:

(i)   prohibit materials from the solid waste system that the City Engineer considers are hazardous or unsuitable to be handled by the system;

(ii)   define which materials are to be considered recyclable for the purposes of the solid waste system;

(iii)   determine the acceptability of solid waste containers and their locations;

(iv)   determine applications for exemptions authorized by by-law;

(v)   vary the level of service provided by the solid waste system among classes as defined by by-law;

Contracting for solid waste disposal services

(k) entering into contracts with persons for all or part of the collection, removal, disposal, recycling and transferring services of the solid waste system on terms and conditions prescribed by the Council;

Regulation of solid waste services

(l) by by-law, regulating persons engaged in the business of removing, collecting, transferring, recycling and disposing of solid waste, which by-law may vary in relation to one or more of the following as established by the Council:

(i)   different classes of waste;

(ii)   different classes of persons;

(iii)   different classes of property;

(iv)   different areas of the city;

(v)   different classes of solid waste services;

Regulation of direct disposal

(m) by by-law, regulating the means of disposal used by persons who dispose of their own solid waste, which by-law may vary in relation to one or more of the following as established by the Council:

(i)   different classes of waste;

(ii)   different classes of persons;

(iii)   different classes of property;

(iv)   different areas of the city;

(v)   different classes of solid waste services.

1997-25-179; 2010-6-128.

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