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| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | IMPORTANT INFORMATION |
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Assented to July 30, 1998
1 (1) In this Act:
"2007 screening panel" means the individuals who contracted with the government to participate, in 2007, as active members of a screening panel described in the contracts;
"ancillary works" means any works or undertakings ancillary to all or a part of a rail transportation system or busway, and, without limiting this, includes
(a) links to private or public transportation services, including stops, stands, lanes, loops and parking for buses and taxis,
(b) parking facilities,
(c) areas in stations for the provision of services and amenities to passengers,
(d) employee facilities,
(e) walkways, overpasses and other means of ingress to and egress from the stations and vehicles,
(f) undertakings for the relocation, enhancement and upgrading of utility services and related poles, wires, pipes and apparatus,
(g) adjacent roadway enhancements, and
(h) operating facilities and facilities for storage, maintenance and repair of vehicles, parts, signage and related items;
"annual report", in relation to the authority, means the report required under section 7 (3) (a);
"articles" means the rules established under section 190 (3) (f), and includes
(a) provisions, reflecting the recommendations made under section 176 (3) (a) or the orders made under section 181 (1) (a), respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid,
(b) a skills and experience profile, within the meaning of section 185 (1) (a), setting out the skills and experience that must be represented on the board, and
(c) any other provisions that under this Act must or may be added to the articles;
"assessment roll" has the same meaning as in the Assessment Act;
"authority" means the South Coast British Columbia Transportation Authority continued under section 2;
"authority's website" means the website established under section 13.2 (1);
"base plan" means the plan referred to in section 194 (1);
"base plan preparation year", in relation to a base plan, means the fiscal year in which the base plan is prepared;
"BC Transit" means British Columbia Transit continued under the British Columbia Transit Act;
"billing organization" means an organization with which the authority or a subsidiary has entered into an agreement described in section 29.1 (4) (e);
"board" means the authority's board of directors referred to in Part 8;
"busway" means the whole or any portion of a highway, at, above or below grade,
(a) that is for the exclusive use of
(i) buses operated by or on behalf of the authority or a subsidiary, and
(ii) any other motor vehicle or device prescribed by the minister, and
(b) in respect of which signs or markings, prescribed by the minister, indicate that the highway or portion of it is reserved for the exclusive use of buses or other prescribed motor vehicles and devices,
and includes the busway's ancillary works;
"commercial passenger vehicle" has the same meaning as in the Passenger Transportation Act;
"commissioner" means the Regional Transportation Commissioner appointed under section 215 (1) or 216 (4) or (5);
"commissioner's website" means the website established under section 219 (1);
"construction" includes the original construction of a new highway and also the work of reconstructing or putting a highway or any section in repair by general and continuous regrading or remetalling of its surface, or by building, rebuilding or enlarging bridges, or by executing other highway work of improvement or protection classified by the minister as substantial;
"Coquitlam Line rapid transit project" and "C Line" mean a rail transportation system connecting a location in the general vicinity of the Lougheed Town Centre Skytrain Station in the City of Burnaby
(a) to a location in the general vicinity of the intersection of Pinetree Way and Guildford Way in the City of Coquitlam, or
(b) to a location in the general vicinity of the intersection of Lougheed Highway and Barnet Highway in the City of Coquitlam,
as determined by the authority;
"custom transit services" means transportation services provided in the transportation service region for persons with special needs;
"deputy commissioner" means a deputy commissioner appointed under section 215 (1);
"designated employees" means
(a) all employees of BC Transit whose work responsibilities relate primarily to BC Transit's activities in the transportation service region,
(b) all employees of the government whose work responsibilities relate to the operation of the Albion ferries, and
(c) all employees of the government, the Insurance Corporation of British Columbia or the Greater Vancouver Regional District who have been identified by name, classification or other description in an order of the Lieutenant Governor in Council made on the recommendation of the authority;
"designated project" means the Fraser River Crossing project;
"designated tolls" means toll charges, or other charges in relation to the tolls or the collection of tolls, authorized under section 29.1 (2);
"employee" includes officer;
"excessive toll debt" means a toll debt of not less than the amount established by bylaw of the authority;
"first-time short term fare" means the short term fare assessed for
(a) a revenue transit service in relation to which no short term fare has been assessed, or
(b) the ability of a class of persons to use a revenue transit service over a particular time-span if no short term fare has been assessed for that ability over such a time-span,
but does not include
(c) a short term fare assessed for a new revenue transit service if
(i) the new revenue transit service is similar in nature to an existing revenue transit service, and
(ii) the short term fare assessed for the new revenue transit service is identical to or less than the short term fare assessed for the existing revenue transit service referred to in subparagraph (i), or
(d) a short term fare assessed for the ability of a class of persons to use a revenue transit service over a particular time-span if the short term fare assessed for the ability of that class of persons to use a revenue transit service over that time-span is identical to or less than an existing short term fare for the ability of another class of persons to use that revenue transit service over that time-span;
"Fraser River Crossing project" means a bridge crossing the Fraser River to the east of Barnston Island and a system of infrastructure, structures, crossings and highways connecting the bridge to the provincial highway system or municipal highways;
"highway" has the same meaning as in the Transportation Act;
"independent transit services" means bus transportation services or rail transportation services that are provided in the transportation service region by a person or municipality other than the authority or its subsidiaries or contractors;
"inspector" means a person appointed under section 227 (1) to conduct an inspection under section 227;
"long term strategy" means the record prepared under section 193;
"maintenance" means the work, after the construction of a highway, of preserving and keeping it in repair, including the making, cleaning and keeping open of ditches, gutters, drains, culverts and watercourses, and the repairing of retaining walls, cribs, river protection works and other works necessary to keep open and maintain the highway for use by the traffic for which it is required;
"major crossing" means a bridge or tunnel of at least 50 m in length that spans a body of water, and includes a system of infrastructure, structures, crossings and approaches connecting the bridge or tunnel to the provincial highway system or municipal highways;
"major development proposal" means a proposal for a development project that satisfies the criteria established under section 4 (3);
"major road" means a highway in the transportation service region, other than a highway that is part of the provincial highway system, that falls within the guidelines established for a major road under section 17;
"major road network" means those major roads and parts of major roads, and those private roads and parts of private roads, that are designated under section 18 (2) (a) and (5) as being part of the major road network;
"mayors' council on regional transportation" means the mayors' council on regional transportation established under section 208;
"motor vehicle" means a vehicle propelled other than by muscular power, but does not include
(a) airplanes,
(b) the cars of electric and steam railways, or
(c) other vehicles running only on rails or tracks;
"official community plan" has the same meaning as in section 848 of the Local Government Act;
"project toll charge" means a toll charge assessed under section 29 (1);
"provincial highway system" means all highways
(a) that are located in the transportation service region but outside the municipalities, or
(b) that are arterial highways within the meaning of the Transportation Act;
"qualified individual" means an individual who
(a) is not an employee or an officer of the authority or of any of its subsidiaries,
(b) is not, and has never been, a commissioner or a deputy commissioner,
(c) is not, and has never been, a member of a screening panel,
(d) does not hold elected public office of any type, and
(e) is not an employee of the government or of a municipality, regional district, trust council or greater board;
"rail transportation system" means a system using one or more fixed rails for the transportation of passengers and includes the system's ancillary works;
"Rapid Transit Project" means a rail transportation system connecting a location in the general vicinity of the intersection of Great Northern Way and Clark Drive in the City of Vancouver to a location in the general vicinity of the Lougheed Town Centre Skytrain Station in the City of Burnaby and connecting to a location in the general vicinity of the Columbia Skytrain Station in the City of New Westminster;
"regional growth strategy" means the regional growth strategy of the Greater Vancouver Regional District;
"regional transportation system" means a system, in the transportation service region, that
(a) is for the transportation of passengers and goods by any means, except by independent transit services, and without limiting this, includes
(i) ferries,
(ii) cycling path networks,
(iii) custom transit services,
(iv) bus transportation systems,
(v) rail transportation systems,
(vi) designated projects, and
(vii) the major road network, and
(b) is operated or intended to be operated by the authority or its subsidiaries or contractors;
"replacement tax", in any fiscal year, means the tax assessed by the authority in that year under section 25 (7.1);
"residential dwelling unit" means a detached house, cottage or other single family dwelling, a duplex, an apartment building, a strata lot, a townhouse, a rowhouse, a rest home or a nursing home, and includes that part of a multi-use building that is used for the purpose of single family dwellings, but does not include
(a) a hotel,
(b) a motel,
(c) a lodge,
(d) a resort,
(e) a hospital,
(f) any other institutional building, bunk house or camp building used on commercial or construction projects, or
(g) those parts of any building that are used for any purpose other than residential;
"revenue transit service" means any transportation service
(a) provided by, or under contract to, the authority or a subsidiary,
(b) for the transportation of people by any means, including, without limitation,
(i) ferries,
(ii) custom transit services,
(iii) bus transportation systems, and
(iv) rail transportation systems, and
(c) in relation to which a short term fare is or may be assessed;
"Richmond-Airport-Vancouver rapid transit project" and "RAV" mean a rail transportation system connecting
(a) a location in the general vicinity of the intersection of No. 3 Road and Park Road in the City of Richmond,
(b) a location in the general vicinity of the Domestic Air Terminal at the Vancouver International Airport, and
(c) a location in the general vicinity of the intersection of Cordova and Granville Streets in the City of Vancouver;
"screening panel" means the individuals appointed under section 172 (1) or (2), and, except where otherwise provided, includes the 2007 screening panel;
"securities" includes notes, bonds, debentures and other evidences of indebtedness;
"short term fare" means a user fee for a revenue transit service, but does not include
(a) a fee charged for a pass that authorizes the holder, for a period of more than 3 days, to use one or more revenue transit services, or
(b) a toll under section 29 or 29.1;
"standard property taxes", in any fiscal year, means all of the property taxes, other than the replacement tax, that the authority is authorized to assess under this Act in that fiscal year;
"strategic plan" means a strategic plan within the meaning of section 206;
"subsidiary" means a subsidiary established or acquired by the board under section 190 (3) (g) to carry out a purpose or responsibility, or to exercise a power, of the authority, and includes British Columbia Rapid Transit Company Ltd. and West Coast Express Ltd.;
"supplement" means a supplemental plan referred to in section 200;
"supplementary fare increase" means an increase in the short term fare that may be assessed in any fiscal year for a revenue transit service if, after that increase, the short term fare for the revenue transit service will be greater than the targeted fare applicable to that revenue transit service in that fiscal year;
"targeted fare", in relation to a revenue transit service in a fiscal year, means the short term fare assessed for that revenue transit service on April 1, 2008, increased, on the first day of each subsequent fiscal year to and including the first day of the year in question, by 2%, compounded annually;
"tax treatment agreement" has the same meaning as in the Treaty First Nation Taxation Act;
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act;
"toll debt" means the portion of a designated toll that remains unpaid after the period established by bylaw of the authority for paying a designated toll has ended, and includes interest owing in relation to the unpaid portion of the designated toll;
"toll device" means a device that
(a) may be installed or carried in or on, or attached to, a motor vehicle, and
(b) allows electronic identification of the person who is to pay a designated toll, or the account from which a designated toll is to be paid, arising from the motor vehicle's use of a part of a designated project;
"toll reader" means equipment that detects toll devices;
"transportation demand management" means strategies and programs that are designed to influence the demand for and choice of transportation services by the public;
"transportation service region" means all municipalities and rural areas located in the Greater Vancouver Regional District, and includes any area added to the region under subsection (2);
"transportation services" includes the services and facilities necessary for the establishment, maintenance and operation of a transportation system;
"treaty first nation" means a treaty first nation that, under its final agreement, is participating in the authority.
(2) Subject to subsection (3), the authority may enter into an agreement with a municipality, regional district or other entity that has jurisdiction over an area, to add that area to the transportation service region.
(3) An agreement under subsection (2) does not come into effect until the agreement is
(a) ratified by a resolution of the mayors' council on regional transportation,
(b) ratified by the following resolution:
(i) if the area to be added is within a municipality, a resolution of the council of the municipality;
(ii) if the area to be added is all or part of a rural area within a regional district, a resolution of the board of the regional district;
(iii) in the case of any other area, a resolution of the entity having jurisdiction over the area, and
(c) approved by an order of the Lieutenant Governor in Council.
(4) An agreement under subsection (2) may provide for the phasing in of transportation services and revenue collection measures over a period of not more than 10 years.
(5) For the purposes of applying this Act in relation to a treaty first nation,
(a) a reference to "municipality" or "municipalities" in the definitions of "independent transit service", "provincial highway system", "qualified individual" and "transportation service region" in subsection (1), in subsections (2) and (3) and in sections 4 (1) and (3), 5, 6 (2) (g) to (j), 15, 18, 20 to 24, 31 (1.2), 34 (1) (b), 44, 46 (4) (f) and 149 (1), in the definition of "eligible individual" in section 170 and in section 193 (4) must be read as including the treaty first nation or its treaty lands as the context requires,
(b) the reference to "official community plans" in section 4 (1) (f) must be read as including land use plans or other documents of the treaty first nation having a similar purpose and effect as an official community plan,
(c) a reference to "council" in subsection (3) (b) of this section and in section 21 (4) (b) in section 21 (4) (b) must be read as including the governing body of the treaty first nation,
(d) a reference to "bylaw" in sections 21 (4) and (5), 22 (2) and 24 (2) (b) must be read as including a law of the treaty first nation, and
(e) the reference to "municipal bylaw" in section 22 (5) must be read as including a law of the treaty first nation.
(6) For the purposes of applying this Act in relation to a taxing treaty first nation, a reference to "municipality" in sections 25 (9) and 135 must be read as including the taxing treaty first nation.
Part 1 — South Coast British Columbia Transportation Authority
Division 1 — Structure and Administration of Authority
2 (1) The authority is continued under the name "South Coast British Columbia Transportation Authority", consisting of the directors referred to in Part 8.
(1.1) The Greater Vancouver Transportation Authority Police Service is continued under the name "South Coast British Columbia Transportation Authority Police Service" and the Greater Vancouver Transportation Authority Police Board is continued under the name "South Coast British Columbia Transportation Authority Police Board".
(1.2) A reference to the Greater Vancouver Transportation Authority, the Greater Vancouver Transportation Authority Police Service or the Greater Vancouver Transportation Authority Police Board in any record, including, without limitation, in any security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate is deemed to be a reference to the South Coast British Columbia Transportation Authority, the South Coast British Columbia Transportation Authority Police Service or the South Coast British Columbia Transportation Authority Police Board respectively.
(2) The Business Corporations Act does not apply to the authority, but, on request of the authority, the Lieutenant Governor in Council may order that one or more provisions of that Act apply to the authority.
(3) The authority is not an agent of the government.
(4) The authority may carry on business, and, without limiting this, may enter into contracts or other arrangements, adopt bylaws, pass resolutions, issue or execute any other record or sue or be sued under a name prescribed by regulation of the Lieutenant Governor in Council, and any contract, bylaw, resolution or other arrangement or record entered into, adopted, passed, issued or executed, as the case may be, and any suit brought, by the authority under the prescribed name is as valid and binding as it would be were it entered into, adopted, passed, issued, executed or brought by the authority under its own name.
3 The purpose of the authority is to provide a regional transportation system that
(a) moves people and goods, and
(b) supports
(i) the regional growth strategy,
(ii) provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives, and
(iii) the economic development of the transportation service region.
4 (1) Subject to this Act, the authority must do the following to carry out its purpose:
(a) manage and operate the regional transportation system;
(b) develop and implement transportation demand management strategies and programs;
(c) develop and administer programs for certifying motor vehicle compliance with regulations, made under section 50 of the Motor Vehicle Act, that do one or both of the following:
(i) establish exhaust emission standards;
(ii) specify the maximum levels of air contaminants that motor vehicles may emit into the outside atmosphere;
(d) generate and manage funds necessary for its purpose;
(e) acquire, construct and maintain any assets, facilities and other real or personal property required for the regional transportation system;
(f) review, and advise the Greater Vancouver Regional District, the municipalities and the government regarding the implications to the regional transportation system of,
(i) the regional growth strategy and any amendments to it,
(ii) official community plans applicable to any part of the transportation service region and any amendments to those plans, and
(iii) major development proposals and provincial highway infrastructure plans in the transportation service region;
(g) prepare and implement strategic, service, capital and operational plans for the regional transportation system;
(h) from time to time, negotiate agreements with the government for contribution by the government to the funding of the capital costs of maintaining, improving or expanding the regional transportation system;
(i) establish criteria by which a person's eligibility for custom transit services may be determined;
(j) make copies of its bylaws available to the public at its offices for a reasonable fee it determines.
(2) Despite subsection (1), the authority is not responsible for
(a) construction, maintenance or regulation of any part of the provincial highway system or of any highway that is neither a major road nor part of a designated project,
(b) the management, operation, construction or maintenance of the major road network, except
(i) as specified in Part 2, or
(ii) to the extent that the authority has responsibility under the strategic plan for the planning of the major road network, or
(c) the planning, acquisition or construction of the Rapid Transit Project except as contemplated in section 33.
(3) For the purposes of subsection (1) (f), the authority must, with each municipality, establish the criteria that will be used in that municipality to determine whether a development proposal in that municipality is a major development proposal.
5 (1) Despite any other enactment, but subject to subsection (1.1), no person or municipality may establish or operate or approve the establishment or operation of independent transit services in the transportation service region unless it does so
(a) with the approval of the authority, and
(b) under any terms and conditions the authority requires.
(1.1) Subsection (1) does not apply to the government or to a person that is a government corporation as defined in the Financial Administration Act and is designated by the minister for the purpose of this subsection.
(2) The authority may give an approval under subsection (1) if the independent transit services will not reduce the effectiveness or financial viability of the regional transportation system.
(3) The authority must not provide financial support for any independent transit services approved under subsection (1).
(4) After consultation with a person or municipality that has been given approval under subsection (1), the authority may withdraw its approval.
6 (1) The authority has the capacity, rights, powers and privileges of an individual of full capacity.
(2) Without limiting subsection (1) and in order to carry out its purpose, the authority
(a) subject to the Expropriation Act, may expropriate land within the meaning of that Act from a person or municipality,
(a.1) may acquire land, other than by expropriation, that is not required for the current plans of the authority but that the authority reasonably believes will be required in the future
(i) in support of the regional transportation system, or
(ii) to facilitate the development, construction or operation of the regional transportation system,
(a.2) may hold, manage, develop and dispose of land,
(b) as permitted in this Act, may raise revenues by means of
(i) taxes,
(ii) levies,
(iii) project toll charges,
(iv) user fees,
(v) motor vehicle charges, and
(vi) designated tolls,
(c) may make bylaws, and may recommend regulations, permitted under this Act and required for the regional transportation system,
(d) may provide transportation services, and any other services it offers, to areas outside the transportation service region,
(e) may appoint advisory committees to provide the authority with advice respecting its transportation services, and may reimburse the members of those committees for any reasonable travel and incidental expenses necessarily incurred by those members in the discharge of their duties,
(f) may enter into an agreement with the government for the collection of taxes imposed under sections 4 (1) (c) and (d) and 10 (1) (c) and (d) of the Motor Fuel Tax Act and under section 61 (1) and (2) of the Social Service Tax Act,
(g) may exercise within a municipality in or through which a rail transportation system or busway is planned, acquired, constructed, maintained or operated, all the powers in relation to that rail transportation system or busway that a municipality authorized to lay out, construct and maintain highways may exercise in carrying out that authorization,
(g.1) may exercise within a municipality in, to or from which a major crossing is planned, acquired, constructed, maintained or operated, all the powers in relation to that major crossing that a municipality authorized to lay out, construct and maintain highways may exercise in carrying out that authorization,
(h) has, for the purposes of planning, acquiring, constructing, maintaining and operating a rail transportation system or busway on a highway in a municipality,
(i) all the rights, powers and advantages conferred by any enactment on that municipality with respect to that highway, and
(ii) the right to enjoy and exercise any right of way, easement or licence owned, enjoyed or exercised by that municipality in connection with or for the purposes of the municipality's operation of that highway,
(h.1) has, for the purposes of planning, acquiring, constructing, maintaining and operating a major crossing on or connecting to a highway in a municipality,
(i) all the rights, powers and advantages conferred by any enactment on that municipality with respect to that highway, and
(ii) the right to enjoy and exercise any right of way, easement or licence owned, enjoyed or exercised by that municipality in connection with or for the purposes of the municipality's operation of that highway,
(i) may exercise the rights, powers and advantages, and may enjoy and exercise the rights of way, easements or licences, referred to in paragraph (h) in the same manner and to the same extent as the municipality referred to in that paragraph might have done if the highway had not become part of a rail transportation system or busway, and
(j) may exercise the rights, powers and advantages, and may enjoy and exercise the rights of way, easements or licences, referred to in paragraph (h.1) in the same manner and to the same extent as the municipality referred to in that paragraph might have done if the highway had not become part of or connected to a major crossing.
(3) Without limiting subsection (1) or (2), the authority, for the purposes of a designated project or major crossing, by bylaw, may
(a) establish standards for the construction, maintenance and rehabilitation of highways or other infrastructure that form part of the designated project or major crossing,
(b) establish standards for the management, operation and use of highways that form part of the designated project or major crossing, and
(c) subject to the Motor Vehicle Act, regulate the use of highways that form part of the designated project or major crossing,
but may not do any of these things in relation to a highway that is also part of the provincial highway system.
(4) Without limiting subsection (1) or (2), the authority may exercise its power under subsection (2) (a) for the use and benefit of a subsidiary in carrying out the authority's purposes.
(5) Without limiting subsection (1) or (2), having expropriated land under subsection (2) (a), the authority may
(a) transfer an interest in the land to a subsidiary for the subsidiary's use and benefit in carrying out the authority's purposes in relation to a designated project, a major crossing, RAV or the C Line,
(b) transfer an interest in the land to the Vancouver International Airport Authority for the authority's purposes in relation to RAV, and
(c) do anything with the land that a person of full capacity could lawfully do with the land.
(6) Subsection (2) (a) does not apply in relation to treaty lands.
7 (1) The authority must establish and maintain an accounting system in accordance with generally accepted accounting principles.
(2) All records of account and other financial records respecting funds that the government has provided to the authority or to its subsidiaries must be open at all times for inspection by the Auditor General and the Comptroller General.
(3) Within 90 days after the end of each fiscal year of the authority, the authority must
(a) prepare, in accordance with section 13.4, an annual report of the operations of the authority and its subsidiaries for the previous fiscal year,
(b) prepare audited financial statements of the authority and its subsidiaries for the previous fiscal year, and
(c) provide a copy of the annual report and a copy of the audited financial statements to the commissioner and the mayors' council on regional transportation.
(4) The fiscal year end of the authority is December 31.
(5) Without limiting any other provision of this Act, the Financial Information Act applies to the authority as if it were a corporation within the meaning of that Act.
(6) The authority must adopt an annual budget on or before March 31 of the fiscal year to which the budget applies.
(7) Each annual budget adopted under subsection (6) must
(a) set out all of the revenues that the authority anticipates it will receive in the fiscal year and all accumulated surpluses from previous fiscal years,
(b) set out all of the operating expenditures that the authority anticipates it will incur in the fiscal year, the total amount of which must not be greater than the total amount of the revenues and accumulated surpluses referred to in paragraph (a), and
(c) include, as one of the operating expenditures set out under paragraph (b), any deficit that was incurred in the previous fiscal year.
10 The chief executive officer must, as agent for the authority,
(a) employ or retain persons necessary for the business and operations of the authority and for the functioning of the board,
(b) define the duties of those persons, and
(c) in accordance with any guidelines established by the board, determine the compensation of those persons.
11 (1) Subject to the exclusions in subsection (2) of this section, the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to
(a) designated employees who are transferred by an order made under section 37 of this Act, and
(b) all other employees of the authority and its subsidiaries.
(2) The Public Service Pension Plan does not apply to employees who are members of or will be entitled to become members of a pension plan registered under the Income Tax Act (Canada) other than that provided under the Public Service Pension Plan.
(3) The Public Service Pension Plan applies to those designated employees who immediately before their transfer were contributors under the Municipal Pension Plan continued under the Public Sector Pension Plans Act.
(4) and (5) [Repealed 1999-44-57.]
(6) The amounts payable as the employer's contribution under the Public Service Pension Plan must be reduced by the amount determined by the trustee of the pension fund under that plan to have been paid by the authority or the subsidiary, as the case may be, to the British Columbia Hydro and Power Authority Plan
(a) under the agreement entered into under section 7 (3) of the Metro Transit Operating Company Act, R.S.B.C. 1979, c. 257, and
(b) as reimbursement for the cost of increases in the pension benefits received under that Plan.
(7) The authority or subsidiary, as the case may be, may continue its participation in a pension plan other than the Public Service Pension Plan in respect of those employees or future employees referred to in subsection (2) of this section.
12 (1) In this section, "trust" means the BC Transit Employees' Health and Benefit Trust and includes any successor trust created for the benefit of members of groups of employees who were, before the creation of the successor trust, beneficiaries of the BC Transit Employees' Health and Benefit Trust.
(2) If the authority or any of its subsidiaries is a successor employer to BC Transit within the meaning of the Labour Relations Code, that successor employer must
(a) deduct from the compensation of employees who are beneficiaries of the trust any amounts that are set, by the trustees of the trust, in accordance with the agreement and declaration of trust that established the trust, and
(b) remit those amounts to the trust.
13 (1) For the purposes of section 38 of the Labour Relations Code,
(a) the authority must not be treated as one employer with any person, including a subsidiary, and
(b) a subsidiary must not be treated as one employer with any person, including another subsidiary.
(2) Every collective agreement between the authority and a trade union or between a subsidiary and a trade union is deemed to provide that it is the function of the employer, subject to the provisions of the collective agreement, to manage the employer's affairs.
(3) For the purpose of subsection (2), "manage the employer's affairs" includes, without limitation, the right to determine
(a) the employment, complement and organization of employees necessary to carry on the business and operations of the authority or the subsidiary, as the case may be, and
(b) the work methods and procedures applicable to the provision of transportation services.
13.1 (1) The authority must hold an annual general meeting within 6 months after the end of each fiscal year.
(2) Within 3 months before, and not less than 2 weeks before, the date of the authority's annual general meeting, the board must publish the date, time and location of the annual general meeting
(a) on the authority's website in such a manner that the information respecting the date, time and location of the annual general meeting can be accessed without charge by any member of the public wishing to access it, and
(b) in another manner that the board is satisfied will bring the date, time and location of the annual general meeting to the attention of the public in the transportation service region.
(3) At least 10 days before the date of an annual general meeting, the board must publish the annual report
(a) on the authority's website in such a manner that the annual report can be accessed without charge by any member of the public wishing to access it, and
(b) in another manner that the board is satisfied will bring the annual report to the attention of the public in the transportation service region.
(4) An annual general meeting of the authority is open to any person, and any person attending the meeting may, subject to any reasonable restrictions imposed by the board, address the meeting.
(5) The board must place the annual report before the annual general meeting and must make a copy of that report available without charge to any person in attendance at the meeting who requests a copy.
Division 2 — Records and Reports
13.2 (1) The authority must establish and maintain a website that is accessible without charge to the public.
(2) Unless this Act provides otherwise, if, under this Act, the authority is required to publish a record on the authority's website, the record must remain on that website for a period that is not shorter than the remainder of the fiscal year in which the record was published and the following fiscal year.
13.3 (1) The authority must keep the following records at its head office:
(a) a list of its current directors;
(b) every record deposited under section 183 (2) (b);
(c) the minutes or portions of minutes of every meeting of its directors, and of every meeting of every committee of its directors, held in the current fiscal year or the previous fiscal year, if and to the extent that the authority believes that it would be required to disclose those minutes or portions of minutes in response to an access request under the Freedom of Information and Protection of Privacy Act;
(d) copies of any notices published by or on behalf of the authority
(i) in a newspaper,
(ii) in the current fiscal year or the previous fiscal year, and
(iii) in order to satisfy a requirement of this Act;
(e) copies of every annual report of the authority;
(f) a copy of the current strategic plan;
(g) a copy of the authority's current long term strategy;
(h) copies of the current and previous year's annual budget;
(i) [Repealed 2007-41-42.]
(2) Any person may, without charge, inspect during normal business hours all of the records that the authority is required to keep under this section.
(3) If a person requests a copy of a record that the authority is required to keep under this section and pays, in relation to that copy, the fee, if any, set in the articles of the authority under subsection (4), the authority must provide a copy of that record to that person promptly after receipt of the request and payment.
(4) Subject to subsection (5), the authority may, in its articles, set a reasonable fee for providing a copy of any of its records under subsection (3).
(5) Without limiting subsection (1), the authority must maintain a current version of its articles on the authority's website in such a manner that those articles can be accessed without charge by any member of the public wishing to access them.
13.4 An annual report must include the following in relation to the fiscal year for which the report is prepared:
(a) a summary of the operations of the authority and its subsidiaries during that year, including, without limitation,
(i) transportation services provided in that year,
(ii) capital projects undertaken, continued or completed in that year,
(iii) transportation demand management measures undertaken in that year,
(iv) short term fares assessed for each revenue transit service in that year,
(v) the revenue realized by the authority in that year,
(vi) the authority's expenditures in that year, and
(vii) the borrowings undertaken by the authority in that year,
along with a comparison of the operations of the authority and its subsidiaries to the applicable strategic plan and the applicable service, capital and operational plans;
(b) the audited financial statements prepared for that year;
(c) a summary of the number and nature of complaints received in that year and dealt with under section 225, and the actions taken by the authority in response to those complaints;
(d) a summary of the results of the customer satisfaction survey process operated in that year by the authority;
(e) any amendments made to the articles of the authority in that year;
(f) the date, type and outcome of any meetings of the board held in that year.
13.5 (1) In addition to providing the records required under section 7 (3) (c), the authority must promptly provide to the commissioner information requested by the commissioner.
(2) If the authority receives from the commissioner any form of return, the authority must fully and correctly answer each question in the return and promptly deliver the completed return to the commissioner.
Division 3 — Consultation and Ratification
15 (1) When the authority is required under this section to consult before taking any proposed action, the authority must
(a) adopt a consultation plan that the authority considers will provide opportunities for
(i) consultation, in the manner required in this section, with the public, mayors' council on regional transportation, municipalities, organizations, the Greater Vancouver Regional District, the government and trade unions, and
(ii) consultation with any other persons or organizations that the authority considers will be affected by the proposed action or consultation plan, and
(b) consider any comments provided during the consultation process before taking the action.
(2) A failure to comply with a consultation plan under subsection (1) does not invalidate the action taken as long as the authority has made a reasonable attempt to consult in accordance with subsection (1).
(3) [Repealed 2007-41-45.]
(3.1) Before a base plan and any supplement is provided to the mayors' council on regional transportation under section 202 (b), the authority must consult, on matters that the authority proposes to include in those plans, with
(a) the public in the transportation service region,
(b) the mayors' council on regional transportation,
(c) the Greater Vancouver Regional District, and
(d) any municipality and other organization that the authority considers will be affected.
(4) [Repealed 2007-41-45.]
(5) The authority must consult with the government, all the municipalities that the authority considers will be affected and the mayors' council on regional transportation before
(a) establishing any standards under section 19, or
(b) entering into an agreement under section 1 (2) to add an area to the transportation service region.
(6) The authority must consult with all the municipalities that the authority considers will be affected before taking any action under sections 18 (2) (b) and 22 (3).
(7) If the establishment or acquisition of a subsidiary by the authority will alter a bargaining unit, the authority must, before establishing or acquiring that subsidiary, consult with any trade unions representing employees who may be affected by the establishment or acquisition of the subsidiary.
16 (1) and (2) [Repealed 2007-41-46.]
(2.1) [Repealed 2007-41-46.]
(3) The authority may, by bylaw, assess a tax, a project toll charge, a motor vehicle charge, a designated toll or a parking tax that is not contemplated by the authority's strategic plan if
(a) the board of the authority, after full examination of the capital and operating expenditures of the authority and its subsidiaries, determines that assessing the proposed taxes or charges is necessary and unavoidable in order to meet the debt obligations properly incurred by the authority under section 31, and
(b) the board of the authority has passed a resolution, by a vote of at least 2/3 of its members voting at the meeting, confirming that the circumstances in paragraph (a) of this subsection exist.
17 The authority must establish guidelines, consistent with the authority's purpose, for identifying highways in the transportation service region as major roads.
18 (1) The authority must, by bylaw made on or before December 31, 1998, establish the major road network comprising an integrated system of highways throughout the transportation service region.
(2) The authority may, by bylaw,
(a) designate the whole or any specified part of one or more major roads as forming part of the major road network, and
(b) remove all or any of those designations.
(3) A designation under subsection (2) (a) may be removed in respect of the whole or any part of a designated highway that no longer falls within the guidelines, established under section 17, for identifying major roads.
(4) The authority must have the consent of each of the municipalities within which a major road is located before designating that major road as being part of the major road network under subsection (2) (a), but the consent of those municipalities is not required to remove the designation under subsection (2) (b).
(5) With the agreement of the owner of a private road and with the consent of each municipality in which that private road is located, the authority may, by bylaw, designate the whole or any specified part of that road as forming part of the major road network, but the agreement of the owner and the consent of those municipalities is not required to remove the designation.
19 Subject to this Part, the authority may, by bylaw, establish standards for the management, operation, construction and maintenance of all or any part of the major road network.
20 Within the limits of its powers under this Act, the authority must, in accordance with an agreement with a municipality under paragraph (c), contribute funds to the municipality for the purpose of maintaining or constructing any part of the major road network that is located in that municipality if
(a) the municipality is complying, to the satisfaction of the authority, with all of the management, operation, construction and maintenance standards established by the authority under section 19,
(b) in the case of construction, the construction project in respect of which funds are to be contributed is included in the capital plans approved by the authority and the authority's contribution to the cost of the construction of that project is included in the capital budget approved by the authority,
(c) the authority and the municipality enter into an agreement in respect of the maintenance or construction, as the case may be, and
(d) the municipality complies with the terms and conditions of the agreement referred to in paragraph (c).
21 (1) Despite the Community Charter, the Vancouver Charter or any other enactment, a municipality must not, without the approval of the authority, take, authorize or permit any action that would reduce the capacity of all or any part of the major road network to move people.
(1.1) For the purpose of subsection (1), an action would reduce the capacity of all or any part of the major road network to move people if the action would result in the alteration of a roadway, as that term is defined in section 119 of the Motor Vehicle Act, of a major road, or of the traffic control conditions on a major road, in such a way that fewer persons would be able to travel on the major road network in a given time period than were able to travel on the major road network in a comparable time period before the taking of the action.
(2) Despite the Community Charter, the Vancouver Charter or any other enactment but subject to subsection (3) of this section, a municipality must not, without the approval of the authority, take, authorize or permit any action that would prohibit the movement of trucks on all or any part of a highway in the transportation service region.
(3) Subsection (2) does not apply to a highway in the provincial highway system.
(4) Subject to subsection (5), a bylaw that prohibits the movement of trucks on a highway in the transportation service region is deemed to have been approved by the authority under subsection (2)
(a) if the bylaw was adopted by the Council of the City of Vancouver before the coming into force of this section, or
(b) in the case of a bylaw adopted by the council of any other municipality, if the bylaw was adopted
(i) with the approval of the Minister of Transportation and Highways under section 531 of the Local Government Act as that section read immediately before its repeal by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, and
(ii) before the coming into force of this section.
(5) Any amendment or replacement of a bylaw referred to in subsection (4) requires the approval of the authority under subsection (2) of this section.
(6) The approval of the minister responsible for the Transportation Act is not required under section 36 (2) (c) [regulation of extraordinary traffic on arterial highways] of the Community Charter for a bylaw, described in subsection (4) of this section, passed after this section comes into force.
22 (1) In this section, "dangerous goods" has the same meaning as in the Transport of Dangerous Goods Act.
(2) Despite any other enactment, a municipality must not make a bylaw described in section 23 of the Transport of Dangerous Goods Act in respect of a highway that is part of the major road network.
(3) The authority, by bylaw,
(a) must designate routes and times of travel on the major road network for motor vehicles transporting dangerous goods, and
(b) may prohibit the transportation of dangerous goods in motor vehicles
(i) on designated routes in the major road network, or
(ii) at certain times of travel.
(4) A designation may not be made under subsection (3) (a) without the consent of each municipality in which a part of the designated route is located.
(5) A municipal bylaw described in section 23 of the Transport of Dangerous Goods Act in respect of any part of the major road network ceases to have effect when, under subsection (3) of this section, the authority adopts a bylaw in respect of that part of the major road network.
23 (1) If the authority has purchased or taken land for a highway and has had title to the highway registered in the name of the authority, the following do not apply to the highway:
(a) section 35 (1) [ownership and possession of highways] of the Community Charter;
(b) section 289 of the Vancouver Charter.
(1.1) Despite sections 2 (1) and 23 (4) of the Expropriation Act, section 23 (5) of that Act applies in relation to land taken by the authority for a highway that forms part of a designated project.
(2) The authority has the right of possession of any highway referred to in subsection (1) of this section.
(3) Despite section 2 of the Transportation Act, the authority is responsible for and has control of the construction and maintenance of, any highway referred to in subsection (1) of this section.
(4) In relation to all or any part of a highway referred to in subsection (1) located within a municipality, the authority has powers equivalent to those of the municipality in respect of the layout, design, construction and maintenance of highways.
24 (1) Despite any standards set by the authority under section 19 respecting weight and dimensions for motor vehicles on the major road network, the requirements prescribed for motor vehicles in a regulation made under section 11 (2) (a) or (m) of the Commercial Transport Act apply to the major road network subject to any specific limitations set by the authority under subsection (2) (d) of this section.
(2) Despite
(a) requirements prescribed for motor vehicles under section 11 (2) (a) or (m) of the Commercial Transport Act,
(b) a bylaw of a municipality respecting weight and dimensions for motor vehicles travelling on any part of the major road network, and
(c) any standards set by the authority under section 19 of this Act,
the authority may, if the authority considers that a part of the major road network does not have the capacity to accommodate those requirements, do one or both of the following:
(d) by bylaw, further limit the requirements described in paragraphs (a) to (c) of this subsection on any specified part of the major road network;
(e) recommend to the Lieutenant Governor in Council that the requirements prescribed for motor vehicles under section 11 (2) (a) or (m) of the Commercial Transport Act be further limited to specified requirements on any specified part of the major road network.
(3) Without limiting the Commercial Transport Act or section 46 of this Act, the Lieutenant Governor in Council may, after receiving a recommendation from the authority under subsection (2) (e) of this section, amend any regulation made under section 11 (2) (a) or (m) of the Commercial Transport Act to prescribe the specified requirements in relation to the specified part of the major road network.
(4) Without limiting any other offences or liability that might arise in relation to weight or dimension requirements referred to in subsection (2) (a) to (c), a person commits an offence if the person operates, on a part of the major road network, a motor vehicle the weight or dimensions of which exceed the requirements, as limited by a bylaw made by the authority under subsection (2) (d), that are applicable to that part of the major road network.
(5) A person referred to in subsection (4) commits an offence whether or not the motor vehicle referred to in that subsection complies with the requirements referred to in subsection (2) (a) to (c).
(6) The authority may, in the place of the minister under section 8 of the Commercial Transport Act, issue permits under that section with respect to motor vehicles if and to the extent that the permits relate to highways in the major road network, and any prescribed fees payable under that section in relation to those permits are payable to the authority.
25 (1) In this section and in section 26:
"improvements" has the same meaning as in the Assessment Act;
"land" has the same meaning as in the Assessment Act.
(2) The authority
(a) may, by bylaw, assess a tax within the parameters established by its strategic plan on the net taxable value of land and improvements in the transportation service region, other than land and improvements that are taxable for school purposes only by special Act, and
(b) must, in assessing that tax, adopt a variable tax rate system in which individual tax rates are determined and imposed for each property class.
(2.1) Despite subsections (2) and (6), if the authority assesses a tax under those subsections for a taxation year, the authority, instead of assessing the tax in the treaty lands of a taxing treaty first nation, by bylaw, must apply the applicable tax rates under those subsections to the net taxable value of land and improvements in those treaty lands to determine the amount that would have been assessed in relation to those treaty lands if the authority were levying a tax in those treaty lands.
(3) and (4) [Repealed 2007-41-48.]
(5) On or before May 1 of each year, the authority must send to
(a) the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the taxes assessed by the authority under subsection (2) (a), and, if applicable, subsection (7.1), and
(b) each taxing treaty first nation a requisition for the amount determined for the taxing treaty first nation under subsection (2.1), including a statement of the rates applied to the net taxable value of land and improvements in the treaty lands to determine that amount.
(6) If, after the authority has made its first bylaw under subsection (2), the authority increases the tax assessed under this section, the authority must adopt a variable tax rate system that
(a) is applicable only to that increase, and
(b) has, as the relationship between the tax rate on a property class other than property class 1 and the tax rate for property class 1, a relationship that is the same or lower than the relationship between those same tax rates in the variable tax rate system prescribed for regional hospital districts under section 27 of the Hospital District Act.
(6.1) If, after the authority has made its first bylaw under subsection (2), the authority decreases the tax assessed under this section, the authority must adopt a variable tax rate system that
(a) is applicable only to that decrease, and
(b) has, as the relationship between the tax rate on a property class other than property class 1 and the tax rate for property class 1, a relationship that is the same or higher than the relationship between those same tax rates in the variable tax rate system prescribed for regional hospital districts under section 27 of the Hospital District Act.
(7) In a bylaw under subsection (2), the authority may
(a) establish zones in the transportation service region, and
(b) adopt different tax rates for land and improvements in different zones based on the benefit that the authority considers accrues to the land and improvements in a zone as a result of proximity to a transportation station, or to another major transportation facility, that has been constructed or funded by the authority.
(7.1) For any fiscal year after 2007, in addition to the property taxes that the authority is authorized under this Act, other than this subsection, to assess in that fiscal year, the authority may, by bylaw, assess a tax under this subsection on the net taxable value of land and improvements in the transportation service region if
(a) the additional tax generates property tax revenue that is not more than $18 million in that fiscal year, and
(b) the additional tax is collected only from property classes 1, 2, 4, 5 and 6 in whatever proportions the authority may determine.
(7.2) Despite subsection (7.1), if a tax is assessed under that subsection, the amount that would have been assessed in relation to the treaty lands of a taxing treaty first nation if the authority were levying a tax on the net taxable value of land and improvements in those treaty lands must be recovered from the treaty first nation by sending the treaty first nation a requisition for that amount under subsection (5) (b).
(8) [Repealed 2003-3-12.]
(9) If required by the authority, the British Columbia Assessment Authority must certify and forward to the authority the net taxable values of land and improvements, for the current year, in respect of which tax may be assessed under this section in
(a) a municipality,
(b) a rural area, or
(c) the treaty lands of a taxing treaty first nation
in the transportation service region.
26 (1) If taxes are assessed under section 25, a municipality must collect those of the taxes that are assessed on the net taxable value of land and improvements in the municipality and the Surveyor of Taxes must collect those of the taxes that are assessed on the net taxable value of land and improvements in any rural area in the transportation service region.
(1.1) If taxes are assessed under Part 7, a municipality must collect those of the taxes that are assessed on the taxable parking area of, or on the taxable parking spaces in, parking sites located in the municipality, and the Surveyor of Taxes must collect those of the taxes that are assessed on the taxable parking area of, or on the taxable parking spaces in, parking sites located in any rural area, and, in this subsection, "parking site", "taxable parking area" and "taxable parking space" have the same meaning as in section 131.
(1.2) If a taxing treaty first nation receives a requisition under section 25 (5) (b) or 133 (4) (b), the taxing treaty first nation must pay to the authority the amount of the requisition by August 1 of the year in which the requisition was sent.
(2) In each year in which the authority assesses taxes under one or both of section 25 and Part 7,
(a) the municipality must pay to the authority,
(i) by August 1 of the year for which the taxes are assessed, all of the assessed taxes that have been collected by July 15 of that year, and
(ii) by December 31 of the year for which the taxes are assessed, the balance of the assessed taxes, whether or not all of the assessed taxes have been collected, and
(b) the Surveyor of Taxes must pay to the authority, by August 1 of the year for which the taxes are assessed, all of the assessed taxes, whether or not all of the assessed taxes have been collected.
(3) [Repealed 2003-3-12.]
(4) In addition to any money payable under subsection (2), if, in any year (the "grant year") a grant in place of taxes for land and improvements in a municipality or rural area in the transportation service region is received by the collector of the municipality or by the Surveyor of Taxes from
(a) the government of Canada under the Payments in Lieu of Taxes Act (Canada),
(b) a corporation included in Schedule III or IV of the Payments in Lieu of Taxes Act (Canada), or
(c) a public body as defined in section 1 of the Financial Administration Act,
the municipality or the Surveyor of Taxes, as the case may be, must pay to the authority, on or before February 1 in the following year, the amount determined by the following formula:
| required payment = amount of grant X [authority's taxes/local taxes] |
| where | |||
| amount of grant | means the full amount of the grant provided in the grant year to the municipality or the Surveyor of Taxes, as the case may be, for the land and improvements; | ||
| authority's taxes | means the taxes assessed by the authority for the grant year under section 25 on land and improvements in the municipality or rural area, as the case may be; | ||
| local taxes | means, | ||
| (a) | in the case of a grant provided to the collector of a municipality, the taxes levied by the municipality for the grant year on land and improvements in the transportation service region that are located in that municipality, or | ||
| (b) | in the case of a grant provided to the Surveyor of Taxes, the taxes levied by the Surveyor of Taxes for the grant year on land and improvements in that part of the transportation service region that consists of rural area. | ||
(5) Without an appropriation other than this subsection, the amounts that the Surveyor of Taxes must pay to the authority under subsections (2) and (4) must be paid out of the consolidated revenue fund.
(6) Section 27 (1) (a) of the Financial Administration Act does not apply to the appropriation under subsection (5) of this section.
(7) If a municipality or taxing treaty first nation fails to pay the authority the amount it is required to pay the authority under this section, the authority may do one or more of the following:
(a) cease providing any of the funding it is obliged to, or has agreed to, provide under this Act;
(b) set off the amounts due against any of the funding it is obliged to, or has agreed to, provide under this Act;
(c) bring an action to recover the amount as a debt due and owing;
(d) on summary application to the Supreme Court, request the appointment of a receiver of any taxes, fees or other revenues of the municipality for the purposes of enforcing payment of the amounts payable under this section.
(8) The minister may prescribe an administration fee the authority must pay to a municipality in relation to the collection of tax assessed under Part 7.
(9) A municipality may deduct the administration fee prescribed under subsection (8), in the manner and at the times prescribed by the minister, from the amounts payable by the municipality to the authority under subsection (2).
(10) The administration fee prescribed under subsection (8) may be different for different municipalities.
27 (1) In this section, "owner" has the same meaning as in the Assessment Act.
(2) Subject to this Act and the Assessment Act, if the provisions of the Community Charter, the Local Government Act, the Taxation (Rural Area) Act or the Vancouver Charter apply in respect of the assessment, levy, collection or recovery of, or the addition of penalties and interest on, property taxes payable in respect of a particular property, those provisions apply in respect of the assessment, levy, collection or recovery of, or the addition of penalties and interest on, taxes assessed under section 25 of this Act on that property.
(3) Subject to this Act, if the provisions of the Community Charter, the Local Government Act, the Taxation (Rural Area) Act or the Vancouver Charter apply in respect of the assessment, levy, collection or recovery of, or the addition of penalties and interest on, property taxes payable in respect of a particular property, those provisions apply in respect of the assessment, levy, collection or recovery of, or the addition of penalties and interest on, taxes assessed under Part 7 of this Act on that property.
(4) If a tax is assessed on property under one or both of section 25 and Part 7, the collector of a municipality must, if the property is in that municipality, and the Surveyor of Taxes must, if the property is in a rural area,
(a) for any tax assessed under section 25, prepare and mail a notice, setting out the tax assessed under that section, to each person named in relation to the property on the assessment roll, and
(b) for any tax assessed under Part 7, prepare and mail a notice, setting out the tax assessed under that Part, to each person named in relation to the property on the parking site roll.
(5) For the purposes of subsection (4), the collector of the municipality or the Surveyor of Taxes, as the case may be, may, if a notice is to be provided to a person under subsection (4) (a) and a notice is to be provided to the same person under subsection (4) (b), combine those notices into one notice to that person.
(6) A notice provided under subsection (4) or (5) in respect of a property must
(a) form part of the tax notice under section 237 of the Community Charter, the taxation notice under section 21 (2) of the Taxation (Rural Area) Act or the tax statement under section 403 of the Vancouver Charter, as applicable, and
(b) set out
(i) the tax, if any, assessed under section 25 on the property, and
(ii) the tax, if any, assessed under Part 7 on the property.
(7) Each notice under subsection (4) or (5) must conform with any applicable specifications under the Community Charter, the Local Government Act, the Taxation (Rural Area) Act or the Vancouver Charter.
(8) Except in relation to the treaty lands of a taxing treaty first nation, sections 130, 131 and 132 of the School Act apply in respect of assessment and taxation under section 25 of this Act.
27.1 (1) In this section:
"director" has the same meaning as in the Motor Fuel Tax Act;
"fuel tax revenue", in any fiscal year, means the taxes to which the authority is entitled in that fiscal year under sections 4 (1) (c) and (d) and 10 (1) (c) and (d) of the Motor Fuel Tax Act.
(2) The authority may, by bylaw referred to in subsection (6), set, as the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act, a rate of tax that does not exceed $0.03 per litre.
(3) Before passing a bylaw referred to in subsection (2) of this section,
(a) the authority must set out the proposed rate of tax in a supplement,
(b) the commissioner must, in the review of the supplement undertaken under section 203,
(i) consider whether the rate of tax is consistent with subsection (4) (b) of this section,
(ii) consider the reasonableness of the estimates used by the authority to determine the amounts referred to in subsection (4) (b), and
(iii) if the commissioner determines that the rate of tax is consistent with subsection (4) (b) and that the estimates referred to in subparagraph (ii) of this paragraph are reasonable, provide the authority and the mayors' council on regional transportation with a notice confirming that determination, and
(c) without limiting section 204 (c), the mayors' council on regional transportation must, if it approves the supplement under section 204, provide the authority with a copy of the resolution approving the supplement.
(4) The authority must not set a rate of tax under subsection (2) of this section unless
(a) the authority has received, in relation to the supplement referred to in subsection (3) (a), the notice referred to in subsection (3) (b) (iii) and a copy of the resolution referred to in subsection (3) (c), and
(b) the outcome revenue is at least twice as great as the tenth year additional fuel tax revenue.
(5) In subsection (4):
"outcome revenue" means the amount determined by the following formula:
| (tenth year revenue – tenth year fuel tax revenue) – [1.35 x (plan year revenue – plan year fuel tax revenue)] |
where
"tenth year revenue" is the total revenue, excluding grants or contributions from the government, that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (a) is approved,
"tenth year fuel tax revenue" is the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (a) is approved,
"plan year revenue" is the total revenue, excluding grants or contributions from the government, that the authority estimates it will receive in the year in which the supplement referred to in subsection (3) (a) is prepared, and
"plan year fuel tax revenue" is the fuel tax revenue that the authority estimates it will receive in the year in which the supplement referred to in subsection (3) (a) is prepared;
"tenth year additional fuel tax revenue" means the positive difference between
(a) the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (a) is approved, and
(b) the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (a) is not approved.
(6) If the authority is entitled under subsection (4) to set a rate of tax under subsection (2), the authority may, by bylaw,
(a) set, as the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act, the rate of tax, in an amount that does not exceed $0.03 per litre, that the authority is authorized to set by the strategic plan that results from the approval of the supplement referred to in subsection (3) (a) of this section, and
(b) set, as the date on which that rate of tax is to take effect, a date that is
(i) at least 2 months after the date on which the bylaw is received by the director under subsection (7) of this section, and
(ii) the first day of a calendar month.
(7) If the authority passes a bylaw under subsection (6), the authority must deliver the following to the director:
(a) a copy of the bylaw;
(b) a copy of the notice referred to in subsection (3) (b) (iii);
(c) a copy of the resolution of the mayors' council on regional transportation referred to in subsection (3) (c).
(8) After delivering to the director the records referred to in subsection (7), the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act is, effective on the date set by the authority under subsection (6) (b) of this section, the rate of tax set under subsection (6) (a).
27.2 (1) Subject to this section, property that is in the treaty lands of a taxing treaty first nation and exempt
(a) under the laws of the treaty first nation from property taxation imposed by the treaty first nation, or
(b) under a tax treatment agreement from property taxation imposed under this Act
must be treated as if it were exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b).
(2) Subject to subsection (3), 50% of the assessed value of a parcel, or a portion of a parcel, of land must be treated as if it were exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b), if
(a) the parcel or portion is classified as a farm under the Assessment Act, or
(b) the parcel or portion is in an agricultural land reserve that is established under the Agricultural Land Commission Act, is subject to sections 18 to 20 and 28 of that Act and satisfies one or more of the conditions set out in subsection (3) of this section.
(3) The parcel or portion of a parcel referred to in subsection (2) (b) must be
(a) vacant and unused,
(b) used for a farm or residential purpose, or
(c) used for a purpose that is permitted by the Lieutenant Governor in Council under this Act.
(4) Land must be treated as if it were exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b) if the land is included in a timber lease or timber licence issued under an enactment of British Columbia or of Canada
(a) for which a stumpage, as defined in the Forest Act, has not been reserved or not made available to the government, or
(b) which is held for the specific purpose of cutting and removing timber, and for no other purpose while so held.
(5) Property that would be exempt from taxation under laws of a taxing treaty first nation that have the same effect in respect of its treaty lands as a bylaw authorized under section 225 [partnering and other exemptions] of the Community Charter has in respect of land within a municipality in relation to
(a) a partnering agreement under the applicable law,
(b) a golf course, or
(c) a cemetery, mausoleum or columbarium,
must be treated as if it were taxable for the purposes of calculating the rates under section 25 (2) and (6), and the amount of a requisition under section 25 (5) (b), of this Act unless it can be treated as exempt under subsection (6) or (8) of this section.
(6) The Lieutenant Governor in Council may make regulations requiring that land and improvements that must be treated as taxable under subsection (5) must be treated as exempt.
(7) Regulations under subsection (6) may
(a) require that all or part of the property that is exempted under the law of the treaty first nation be treated as exempt,
(b) require the property be treated as exempt for all or part of the term of the exemption under the law of the treaty first nation, and
(c) be different for different classes or uses of property, different classes of owners and different classes of partnering agreements.
(8) The Lieutenant Governor in Council, by order in relation to property referred to in subsection (5) that is specified in the order, may require that
(a) all or part of the property be treated as exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b), and
(b) the property be treated as exempt for those purposes for all or part of the term of the exemption under the law of the treaty first nation.
(9) Property must not be treated as exempt for the purposes of calculating the rates under section 25 (2) and (6), and the amount of a requisition under section 25 (5) (b), of this Act if the property is exempted from property tax under a law of a taxing treaty first nation that has the same effect in respect of its treaty lands as a bylaw has under section 226 [revitalization tax exemptions] of the Community Charter in respect of land within a municipality.
28 (1) In this section:
"account" means an electric service account rendered to a person liable for payment for the supply of electricity supplied by or through a collector;
"collector" means the British Columbia Hydro and Power Authority, the Corporation of the City of New Westminster or a public utility as defined in the Utilities Commission Act;
"power levy" means the amount established under subsection (2);
"supply" has the same meaning as in the Hydro and Power Authority Act.
(2) Subject to subsections (3) and (5), the authority may, by bylaw, establish a power levy and require a collector to add the power levy to every residential dwelling unit account in the transportation service region.
(3) The power levy must be the same for every account and must not exceed $1.90 per month for each account.
(4) A power levy added to an account of a person under this section is deemed to be a debt owed to the collector by the person liable for payment as part of the rates payable by that person for electricity.
(5) If a person is liable for more than one account for the supply of electricity on the same parcel of land, the authority
(a) may, on application by that person, pass a resolution exempting the person from payment of the power levies added to the second and any additional accounts, and
(b) must, promptly after passing a resolution under paragraph (a), give notice of that resolution to the collector.
(6) After the collector has been notified of a resolution passed under subsection (5), the collector is not required to collect the power levies referred to in that resolution and they are not part of the rates payable for electricity by the person in respect of whom the resolution was passed.
(7) Subject to subsection (8), the collector must pay to the authority an amount equivalent to the total power levies added to and included in accounts under this section, which payments must be made monthly, in the manner required by the authority.
(8) If a collector has added a power levy to an account and that account is written off by the collector as a bad debt, the collector may deduct the amount of the power levy that was added to that account from amounts that are payable under subsection (7).
(9) Despite any other enactment, money collected by a collector on an account is deemed to be paid firstly on account of the power levy added under this section.
(10) The collector must, on request by the authority, provide all records and information required by the authority respecting matters related to the collection of the power levy under this section.
29 (1) The authority may, to recover all or any part of the costs associated with improvements to a part of the major road network, assess, by bylaw, toll charges on persons using that part of the major road network.
(2) Subject to section 197, the authority may, by bylaw, assess user fees on persons using custom transit services or services of a ferry, bus transportation system or rail transportation system in the transportation service region.
(3) Subject to section 195, the authority may, by bylaw, assess motor vehicle charges on any owner or operator of a motor vehicle that is principally used in the transportation service region or that uses any designated part of the regional transportation system.
(4) The authority may, in a bylaw made under subsection (1), (2) or (3),
(a) establish different classes of users, operators, owners, motor vehicles, designated parts of the regional transportation system or of the major road network or designated areas in the transportation service region,
(b) establish different or variable project toll charges, motor vehicle charges or user fees in respect of any of the classes, parts or areas described in paragraph (a) or any combination of those classes, parts or areas,
(c) establish stations for the collection of charges and fees under this section, and
(d) exempt any class of users, operators, owners or motor vehicles from the project toll charges, motor vehicle charges or user fees.
(5) Subject to subsection (6) and section 16 (3), a bylaw made under subsection (1) of this section does not come into force until the bylaw is ratified by a resolution of the mayors' council on regional transportation.
(6) A bylaw made under subsection (1) does not require ratification by the mayors' council on regional transportation under subsection (5) before coming into force if the bylaw results in no change to or a decrease in the project toll charge or motor vehicle charge, as the case may be, assessed under this section.
29.01 If a revenue transit service is or is to be provided to the authority or a subsidiary under a contract that is in existence on the date this section comes into force, the short term fare that may be assessed for that revenue transit service may increase at the rate and in the manner set out in the contract.
29.1 (1) In this section, "costs associated with a designated project or major crossing" includes the cost of any of the following in relation to the designated project or a major crossing:
(a) designing, planning, developing or financing;
(b) establishing, constructing, expanding, upgrading, improving, modifying or rehabilitating;
(c) operating, regulating, managing, maintaining, closing or removing.
(2) In order to recover all or part of the costs associated with a designated project or major crossing, the authority, by bylaw, may assess toll charges or other charges in relation to the tolls or the collection of tolls on persons who use, or on owners or operators of motor vehicles that are driven on, a part of the designated project or major crossing.
(3) If the authority decides to assess designated tolls, the authority, by bylaw, may
(a) establish the amount of the designated toll in relation to each class established under subsection (4) (a) or the criteria under subsection (4) (b),
(b) make rules respecting the maximum amount by which the designated toll may be increased and the frequency of those increases, and
(c) establish the period during which a designated toll must be paid and the amount for the purposes of the definition of "excessive toll debt".
(4) For the purposes of subsection (2), the authority, by bylaw, may
(a) establish different classes of users, operators, owners, motor vehicles or parts of the designated project or major crossing,
(b) provide for different toll charges for different classes established under paragraph (a) and for the following:
(i) different dates, days or times the part of the designated project or major crossing is used;
(ii) the extent of use of a part of the designated project or major crossing;
(iii) whether a toll device is detected or not detected in or on the vehicle;
(iv) other criteria the authority considers appropriate,
(c) provide for the use of toll devices and toll readers or the establishment of stations or other facilities for the collection of designated tolls,
(d) exempt any class of users, operators, owners or motor vehicles from the designated toll,
(e) provide for an agreement with a billing organization under which the billing organization is authorized to charge and collect designated tolls and interest on designated tolls on behalf of the authority or a subsidiary, and
(f) despite section 190 (3) (c), if the authority has adopted a bylaw in relation to each matter described in subsection (3) of this section, delegate to a subsidiary the power to do either or both of the following:
(i) assess designated tolls in accordance with the bylaws of the authority under subsection (3);
(ii) enter into an agreement referred to in paragraph (e).
(5) Subject to subsection (6), a bylaw made under subsection (2) or (3) does not come into force until the bylaw is ratified by a resolution of the mayors' council on regional transportation.
(6) A bylaw made under subsection (2) or (3) does not require ratification by the mayors' council on regional transportation before coming into force if the bylaw results in no change to or a decrease in the designated toll.
(7) If the authority delegates to a subsidiary a power referred to in subsection (4) (f), the subsidiary must exercise the power by director's resolution, which resolution need not be ratified by the mayors' council on regional transportation to be effective.
30.1 (1) Subject to section 195, in addition to the authority's rights under Part 7, the authority may, by bylaw,
(a) set, as the rate of tax payable under section 61 (1) of the Social Service Tax Act, a rate of tax that does not exceed 21% of the purchase price of the parking right in respect of which the tax is paid, and
(b) set, as the date on which the tax rate is to take effect, a date that is
(i) at least 2 months after the date on which the bylaw is passed, and
(ii) the first day of a calendar month.
(2) If the authority passes a bylaw referred to in subsection (1), the authority must deliver a copy of that bylaw to the commissioner under the Social Service Tax Act no later than the business day following the day on which the bylaw is passed.
(3) and (4) [Repealed 2007-41-50.]
31 (1) The outstanding debt obligations of the authority arising from borrowings, calculated in accordance with a regulation made under section 46 (1), must not be greater than the greatest of
(a) $1 billion 50 million,
(b) an amount proposed by a resolution of the board and ratified by a resolution of the Greater Vancouver Regional District board of directors, and
(c) an amount proposed in a supplement, if the supplement was
(i) provided to the mayors' council on regional transportation under section 202 (b), and
(ii) approved by the mayors' council on regional transportation under section 204 (b).
(1.1) Before the mayors' council on regional transportation approves a supplement that proposes an increase in the amount the authority may borrow, the mayors' council on regional transportation must consult with the Greater Vancouver Regional District board of directors.
(1.2) The following are jointly and severally liable for obligations arising under a security issued by the authority to the Municipal Finance Authority of British Columbia:
(a) the authority;
(b) the Greater Vancouver Regional District;
(c) the municipalities in the transportation service region.
(2) The Municipal Finance Authority of British Columbia may provide financing for and on behalf of the authority for borrowing authorized under this Act.
(3) For the purposes of financing under subsection (2) of this section, the Municipal Finance Authority Act, except section 24 of that Act, applies to the authority as if it were a regional district, except that a loan authorization bylaw or security issuing bylaw of the authority is not required for the borrowing.
(4) Without limiting section 6, but subject to subsection (1) of this section, the authority may, to carry out its purpose,
(a) borrow sums of money the authority considers necessary, and
(b) on its own, through any fiscal agent it appoints or otherwise, issue securities bearing interest at rates, if any, and payable as to principal and interest in currencies, at places, at times and in a manner the authority determines.
(5) A recital or a declaration in a resolution of the board authorizing the issue of securities, to the effect that the issue of the securities authorized under this section is being made for the purpose of the authority and that the amount is necessary to realize the net sum required for that purpose, is conclusive evidence of the fact.
(6) The board may, by resolution,
(a) delegate any of the powers of the authority under this section to any director, committee of directors or officer of the authority or to any person named in a resolution of the board, and
(b) establish requirements for all matters in any way related to the issue, execution and delivery, repayment, refunding, repurchase or redemption of securities of the authority.
(7) The securities of the authority may be made redeemable in advance of maturity at the times and at the prices the authority determines when the securities are issued.
(8) Without limiting section 6, the authority, on terms it considers necessary or advisable, may do any of the following:
(a) issue or otherwise dispose of the securities of the authority, either at par value or at less or more than par value;
(b) charge, pledge, hypothecate, deposit or otherwise deal with the securities of the authority as collateral security;
(c) provide for the creation, management and application of sinking funds, including the setting of terms and conditions that will apply to those sinking funds, with respect to securities issued by the authority;
(d) enter into any of the following agreements for the purpose of reducing risks or maximizing benefits in relation to the borrowing or investment of money:
(i) currency exchange agreements;
(ii) spot and future currency agreements;
(iii) interest rate exchange agreements;
(iv) future interest rate agreements.
(9) The securities of the authority
(a) must be in the form determined by the board, and
(b) may be held by a depository agency in a book-based system for the central handling of securities that provides for the transfer of the securities by bookkeeping entry without physical delivery of the securities.
32 (1) In this section, "major project" means a project that is proposed by the authority and that both the government and the authority expect
(a) will significantly improve the regional transportation system or will have a significant impact on the authority's ability to maintain the regional transportation system, and
(b) will provide economic benefit to the transportation service region.
(2) The government must enter into negotiations with the authority respecting the government's contribution to the capital costs of a major project.
33 (1) The government may plan, acquire and construct the Rapid Transit Project.
(2) Subject to subsection (3), the government must contribute funding for 60% of the capital costs of the Rapid Transit Project and the authority must contribute funding for 40% of the capital costs of the project if
(a) the government plans the acquisition and construction of the project, and
(b) the authority and the government agree on the design, scope and cost of the project.
(3) If the government contributes the funding required under subsection (2), the government must have and must retain, at least until the government's debt obligations associated with financing the government's share of the capital costs have been discharged, a 60% interest in the assets of the Rapid Transit Project.
(4) At the time or times agreed on by the authority and the government, all or any part of the Rapid Transit Project becomes part of the regional transportation system.
34 (1) Subject to subsection (2), on the recommendation of the authority, the Lieutenant Governor in Council may, by order, exempt from taxation and payment of fees under, and from licensing requirements under, the Community Charter, the Local Government Act, the Vancouver Charter or the Passenger Transportation Act
(a) the authority or any of its subsidiaries or contractors in relation to the construction, acquisition or operation by any of them of the regional transportation system, and
(b) a municipality in relation to its construction, acquisition or operation of independent transit services approved under section 5 (1).
(2) An exemption may not be given under subsection (1) in respect of the taxation of real property.
(3) Despite subsections (1) and (2), for the purpose of the construction, acquisition or operation of
(a) the Rapid Transit Project,
(b) another rail transportation system,
(c) a designated project,
(d) a busway, or
(e) a major crossing,
the Lieutenant Governor in Council may, by order, establish exemptions in respect of land or improvements, or both, or in respect of a portion of land or improvements, or both, from taxation under any or all of the Acts referred to in subsection (3.4).
(3.1) A tax exemption under subsection (3) may be made with respect to
(a) land, improvements or portions of land or improvements described in the order under that subsection, or
(b) land, improvements or portions of land or improvements that are within a category described in the order.
(3.2) Subject to subsection (3.3), a tax exemption under subsection (3) applies to the extent, for the period and subject to the terms and conditions specified by the Lieutenant Governor in Council.
(3.3) A tax exemption under subsection (3) applies only to the extent that the land or improvement or portion of land or improvement is held, used or occupied for the purpose set out in that subsection.
(3.4) A tax exemption under subsection (3) may be provided for the following:
(a) this Act;
(b) the Assessment Authority Act;
(c) the Community Charter;
(d) the Hospital District Act;
(e) the Local Government Act;
(f) the Municipal Finance Authority Act;
(g) the Police Act;
(h) the School Act;
(i) the Vancouver Charter.
(4) and (5) [Repealed 1998-30-34 (5).]
35 The authority need not consult under section 15 in relation to the following:
(a) the first bylaw made under section 25 (2);
(b) the first bylaw made under section 29 (2).
36 By December 31, 1999, the authority must pay to the government any amount, to a maximum of $2.5 million, advanced by the government before the coming into force of this section to fund the activities required to prepare for the implementation of this Act.
37 (1) In this Act, "transferred employee" means a designated employee who is transferred by an order made under subsection (2).
(2) Subject to subsection (3), the Lieutenant Governor in Council may, for the purpose of effecting a transfer of a designated employee under this section, make an order
(a) naming the authority or any of its subsidiaries to be the employer to whom the designated employee is transferred, and
(b) setting transfer dates.
(3) An order under subsection (2) in relation to designated employees referred to in paragraph (c) of the definition of "designated employees" in section 1 may only be made on the recommendation of the authority.
(4) An order under subsection (2) may transfer individual designated employees or one or more classes of designated employees.
(5) On the transfer date set by an order under subsection (2), a designated employee who is identified in the order or who is a member of a class of designated employees identified in the order
(a) ceases to be an employee of an employer described in the definition of "designated employees", and
(b) becomes an employee of whichever of the following is named in the order as the employer:
(i) the authority;
(ii) a subsidiary.
(6) Nothing in this section affects the rights any transferred employee has under a collective agreement with respect to a transfer.
(7) A transferred employee must not suffer a reduction in seniority, salary or superannuation, pension plan or other benefits merely because his or her employment has been transferred under this section.
(8) A question or difference between an employer to whom a designated employee is transferred under this section and
(a) a transferred employee who is a member of a unit of employees for which a trade union has been certified under the Labour Relations Code, or
(b) a trade union representing transferred employees,
respecting the application of the Labour Relations Code or the interpretation or application of this section, may be referred to the Labour Relations Board in accordance with the procedure set out in the Labour Relations Code and its regulations.
(9) The Labour Relations Board may, in respect of a question or difference referred to in subsection (8) of this section, decide the question or difference in any of the ways, and by applying any of the remedies, available under the Labour Relations Code.
38 (1) For greater certainty but without limiting any other provision of this Act, in this section and in sections 39, 40 and 42:
"asset" includes rights and property;
"liability" includes obligations.
(2) Subject to any orders made under subsection (10) (a), on the date that this subsection comes into force,
(a) all assets and liabilities of BC Transit that are located in the transportation service region or are associated with the provision of transportation services in that region, become the assets and liabilities of the authority, and
(b) BC Transit is released from those liabilities.
(3) On the date that this subsection comes into force, all assets and liabilities of the government that are
(a) located in the transportation service region or associated with the provision of transportation services in that region, and
(b) specified in an order made under subsection (10) (b)
become the assets and liabilities of the authority, and the government is released from those liabilities.
(4) For the purposes of this section, assets that become assets of the authority under subsections (2) and (3) include records and parts of records, and without limiting this, and despite the Document Disposal Act,
(a) subject to subsection (5) of this section and to any orders made under subsection (10) (a), all of the records and parts of records of BC Transit that are located in the transportation service region or are associated with the provision of transportation services in that region are transferred to and become the records of the authority on the date that subsection (2) comes into force,
(b) all of the records and parts of records specified in an order made under subsection (10) (b) are transferred to and become the records of the authority on the date that subsection (3) comes into force, and
(c) none of the transferred records are subject to the Document Disposal Act.
(5) For the purposes of subsections (2) and (4) (a), in the event of a dispute between BC Transit and the authority as to whether any record or part of a record becomes an asset of the authority under subsections (2) and (4) (a), the minister or a person authorized by the minister may decide.
(6) On the date that this subsection comes into force, all of the shares of British Columbia Rapid Transit Company Ltd. and West Coast Express Ltd. that are held by the government are transferred to and vest in the authority.
(7) On the date that this subsection comes into force, the regional transit fund balance held by BC Transit on behalf of the Vancouver Regional Transit Commission becomes the asset of the authority.
(8) Subject to any orders made under subsection (10) (d), on the date that this subsection comes into force, the authority is granted a lease, for a nominal rental, to use, operate and generate revenues from the assets of BC Transit that are specified in an order made under subsection (10) (c).
(9) The sinking funds established for repayment of any of those debt obligations of BC Transit that are transferred under subsection (2) of this section or under section 40 are deemed, on the date of that transfer, to be held for the benefit of the authority, BC Transit and the government respectively in the proportions respectively identified in an order made under subsection (10) (e) of this section.
(10) The Lieutenant Governor in Council may make orders
(a) excluding from subsection (2) any assets or liabilities or proportions or parts of assets or liabilities of BC Transit,
(b) specifying any assets or liabilities or proportions or parts of assets or liabilities of the government for the purposes of subsection (3),
(c) specifying any assets of BC Transit for the purposes of subsection (8),
(d) respecting the terms and conditions of a lease under subsection (8), including specifying different terms and conditions for different assets referred to in that subsection, and
(e) respecting the proportions to be applied under subsection (9).
(11) An order made under subsection (10) may identify assets and liabilities by name, class or description.
(12) Subject to subsection (13) and to an order made under subsection (10), on the date that an asset or liability becomes an asset or liability of the authority, a reference to the government or BC Transit in any commercial paper, contract, lease, licence, permit or other instrument or document that is evidence of that asset or liability is deemed to be a reference to the authority.
(13) If, under this section, a proportion or part of an asset or liability is transferred to the authority, any commercial paper, contract, lease, licence, permit or other instrument or document that is evidence of that asset or liability is, on the date of that transfer, deemed to be amended to reflect the interests of the authority and others in that asset or liability as a result of the operation of this section.
(14) Despite the Social Service Tax Act and the Land Title Act, the authority is, in respect of any transfer of assets under this section and in respect of any registration of any interest in land transferred under this section,
(a) exempt from taxes imposed by the Social Service Tax Act, and
(b) exempt from the requirement to pay fees under section 386 of the Land Title Act.
39 (1) There may be established one or more trusts, to be administered by the Minister of Finance or by another person designated by that minister,
(a) for the purpose of repayment of those debt obligations that are
(i) transferred to the authority under section 38 (2), and
(ii) owed to a person other than the government,
(b) for the purpose of making payments under the capital leases that are transferred to the authority under section 38 (2),
(c) for the purpose of repayment of that part of the government's debt obligations that was incurred by the government to make loans to BC Transit if and to the extent that the liabilities under those loans are transferred under section 38 (2) to the authority, or
(d) for any other purpose designated by the Lieutenant Governor in Council that relates to the payment of government guarantees of liabilities transferred under section 38 (2).
(2) The Lieutenant Governor in Council may make orders respecting the time or times within which and the conditions under which the authority must deposit assets into a trust established under subsection (1) of this section and may identify assets by name, class or description.
(3) The authority must deposit assets into each trust established under subsection (1) at the time or times set out in, and in accordance with, any orders made under subsection (2), which assets must
(a) have a value, and be of a type or class of assets, acceptable to the Minister of Finance, and
(b) be capable of generating cash flows sufficient to discharge fully the payment or repayment for which the trust is established under subsection (1).
(4) When the authority deposits the required assets under subsection (3), the proportions of the sinking funds that, under section 38 (9), are deemed to be held for the benefit of the authority are transferred to the authority or, if another person has been designated by the authority, to the designated person.
(5) When the authority deposits the required assets under subsection (3) for the purpose described in subsection (1) (c), the part of the loan liabilities of BC Transit that
(a) was owed by BC Transit to the government, and
(b) is transferred to the authority under section 38 (2),
is released.
(6) Subsections (4) and (5) do not apply if and to the extent that the assets deposited under subsection (3) are securities issued by the authority.
40 (1) The Lieutenant Governor in Council may make orders specifying liabilities or proportions or parts of liabilities of BC Transit that are to become the liabilities of the government under this section.
(2) On the date that this subsection comes into force,
(a) the liabilities or proportions or parts of liabilities referred to in an order made under subsection (1) become the liabilities of the government, and
(b) BC Transit is released from those liabilities to the extent that those liabilities have become liabilities of the government under this subsection.
(3) If a sinking fund has been established for the repayment of any of the liabilities referred to in subsection (2), the proportion of that sinking fund that corresponds to the proportion of that liability that becomes a liability of the government under subsection (2) is, on the date that subsection (2) comes into force, deemed to be held for the benefit of the government.
(4) Subject to subsection (5), on the date that a liability becomes a liability of the government under subsection (2), a reference to BC Transit in any commercial paper, contract, lease, licence, permit or other instrument or document that is evidence of that liability is deemed to be a reference to the government.
(5) If, under this section, a proportion or part of a liability is transferred to the government, any commercial paper, contract, lease, licence, permit or other instrument or document that is evidence of that liability is, on the date of that transfer, deemed to be amended to reflect the interests of the government and others in that liability as a result of the operation of this section.
(6) The Minister of Finance may make payments out of the consolidated revenue fund, without an appropriation other than this subsection, for the payment of liabilities transferred to the government under this section.
41 Nothing in sections 38 and 40 qualifies or releases any guarantee given by the government for
(a) securities issued by BC Transit, or
(b) leases to which BC Transit is a party.
42 None of the following constitute a breach or contravention of or a default under any instrument that evidences an asset or liability:
(a) a transfer of that asset or liability under section 38 or 40;
(b) the release of a person from that liability under section 38 or 40;
(c) an amendment to the instrument effected under section 38 (12) or (13) or 40 (4) or (5).
43 (1) Without limiting section 38, a transfer to the authority, under that section, of an interest of BC Transit or the government in a statutory right of way under section 218 of the Land Title Act is effective to vest in the authority the transferred interest in the statutory right of way despite any prohibition against, or restriction on transfer under, the terms of the statutory right of way.
(2) A statutory right of way referred to in subsection (1) continues as a statutory right of way under section 218 of the Land Title Act despite any subsequent disposition or transmission of the transferred interest to the successors or assigns of the authority.
44 (1) If the Lieutenant Governor in Council revokes an order, made under the Transportation Act, by which a highway that is located in the transportation service region was classified as an arterial or secondary highway, neither the municipality in which the highway is located nor the authority is responsible for payment of any debt obligations that were incurred by the government, before the classification was revoked, for capital costs in respect of that highway.
(2) Nothing in subsection (1) relieves a municipality from any debt obligations, or parts of debt obligations, for which it was liable before the classification was revoked.
(3) If a highway that is located in the transportation service region and that is declassified as referred to in subsection (1) is designated as part of the major road network,
(a) a Provincial highways maintenance contract that applies, on the date that this section comes into force, to the whole or any part of that highway, remains in force, and will be administered by the government, until the earlier of March 14, 2001 and the termination of that contract,
(b) the authority must, until the earlier of March 14, 2001 and the termination of the contract, pay the cost of maintenance services performed under that contract as it applies to the highway
(i) to, or to the order of, the government, and
(ii) in a manner that satisfies, or allows the government to satisfy, the payment terms set out in that contract,
(c) the standards set out in the contract are deemed, until the earlier of March 14, 2001 and the termination of that contract, to be the standards set by the authority for maintenance of the highway under section 19, and
(d) a municipality is deemed to have discharged any obligation to maintain the highway for so long as that highway is being maintained under the contract.
(4) By December 31, 1999, the authority must pay to the government the lesser of
(a) $3.5 million, and
(b) the net savings calculated in accordance with subsection (5).
(5) In subsection (4) (b), "net savings" means any positive amount calculated in accordance with the following formula:
| Net Savings = TC – TPC |
| where | |||
| TC | = | means the total cost of maintenance services that the government has incurred between May 15, 1998 and the date this section comes into force on all highways that are described in subsection (3); | |
| TPC | = | means the total cost of all penalties that the government would have incurred under Provincial highway maintenance contracts servicing all highways that are described in subsection (3) if the government had terminated the work and payment under those contracts on May 15, 1998. |
44.1 The Insurance Corporation of British Columbia may enter into information-sharing agreements with the authority, a subsidiary or a billing organization under which the Insurance Corporation of British Columbia may disclose to the authority, subsidiary or billing organization, as the case may be, the full name of, and the most recent mailing address shown in the records of the Insurance Corporation of British Columbia for, individuals to whom toll devices or number plates were issued, if that information is disclosed for the purpose of
(a) ensuring safety in relation to the operation of a major crossing or the designated project, or
(b) the charging or collection of designated tolls and related interest.
45.1 (1) The following persons commit an offence:
(a) a person who fails or refuses to obey an order of the commissioner made under this Act;
(b) a person who wilfully or negligently provides information to the commissioner that is false in any particular;
(c) a person who obstructs or interferes with the commissioner or any inspector in the exercise of rights conferred or duties imposed under this Act.
(2) Without limiting subsection (1), a person commits an offence if the person
(a) has been retained as a member of the staff of the commissioner or has been appointed as an inspector,
(b) has access to or knowledge of information procured under this Act, other than information provided at a public hearing, and
(c) without first obtaining the authorization of the commissioner, discloses that information,
unless the person makes that disclosure in accordance with the terms of this Act or is otherwise obligated at law to make that disclosure.
(3) Subsection (1) (c) does not apply if the commissioner or inspector does not, on request at the time, produce a certificate of his or her appointment or authorization.
(4) A person convicted of an offence under this section is liable to a penalty not greater than $500 000.
(5) Nothing in or done under this section affects the liability of the authority or prejudices enforcement of an order of the commissioner in any way otherwise available.
46 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) specifying any provision of the Business Corporations Act that does not apply to a subsidiary incorporated under, or otherwise subject to, the Business Corporations Act,
(b) considered necessary or advisable to more efficiently bring this Act into operation and to facilitate the transition from the operation of the Acts repealed or amended by this Act, and
(c) considered necessary or advisable for any registrations required under the Land Title Act in relation to transfers of assets or liabilities under section 38 or 40 of this Act.
(3) If the Lieutenant Governor in Council makes a regulation under subsection (2) (a) of this section, the specified provision of the Business Corporations Act does not apply to the subsidiary.
(4) Without limiting subsection (1), the Lieutenant Governor in Council may make the following regulations on the recommendation of the authority:
(a) for the safety, good order and convenience of the public in the operation, use and control by the authority of any services, property and facilities in the regional transportation system, other than in the major road network;
(b) limiting and prohibiting access by any person or class of persons to
(i) property occupied by the authority or its subsidiaries or contractors,
(ii) any part of the regional transportation system, other than the major road network, or
(iii) any bus transportation services, rail transportation services or ferry services in any other region or location where the service is being operated by the authority or by its subsidiaries or contractors;
(c) limiting and prohibiting the carriage of goods or animals on
(i) any part of the regional transportation system, other than the major road network, or
(ii) any bus transportation services, rail transportation services or ferry services in any other region or location where the service is being operated by the authority or by its subsidiaries or contractors;
(d) respecting the use of ferries, ferry landings and ferry approaches, and the carriage of passengers and property on ferries under the jurisdiction of the authority;
(e) requiring the payment of project toll charges, designated tolls, user fees and motor vehicle charges and respecting their collection and enforcement;
(f) respecting the procedures to be used to resolve disputes arising under this Act between the authority and the municipalities, including, without limitation,
(i) specifying the disputes to which the procedures apply, and
(ii) requiring arbitration under the Commercial Arbitration Act;
(g) making a provision of the Transportation Investment Act apply in relation to the authority, a subsidiary, a billing organization or another person with whom the authority or a subsidiary enters into an agreement in relation to a designated project.
Part 6 — Transitional Provisions — British Columbia Regional Hospital Districts Financing Authority
47 (1) On the date that this section comes into force, all assets and liabilities of the British Columbia Regional Hospital Districts Financing Authority become the assets and liabilities of the government.
(2) On the date that this section comes into force, a reference to the British Columbia Regional Hospital Districts Financing Authority in any commercial paper, contract, lease, licence, permit or other instrument or document evidencing any assets and liabilities transferred to the government under subsection (1) is deemed to be a reference to the government.
(3) The Minister of Finance may make payments out of the consolidated revenue fund, without an appropriation other than this subsection, for the payment of liabilities transferred to the government under this section.
48 (1) In this section and in section 50:
"government's percentage" means, in respect of any debt obligation of a regional hospital district in relation to which the regional hospital district was required to make interest, sinking fund or principal payments, that percentage of those payments for which the regional hospital district was, before the coming into force of this section, receiving funding from the government by way of capital grants;
"regional hospital district" has the same meaning as in the Hospital District Act, and includes the Health Facilities Association of British Columbia, but does not include the Greater Vancouver Regional Hospital District;
"regional hospital district's percentage" means, in respect of any debt obligation of a regional hospital district in relation to which the regional hospital district was required to make interest, sinking fund or principal payments, that percentage of those payments for which funding was, before the coming into force of this section, obtained from sources other than government capital grants.
(2) If, before the coming into force of this section, a regional hospital district owed a debt obligation to the British Columbia Regional Hospital Districts Financing Authority, on the date that this section comes into force,
(a) the regional hospital district is released from that part of the debt obligation that corresponds to the government's percentage of that debt obligation, and
(b) the principal amount of any security evidencing that debt obligation is reduced to the regional hospital district's percentage of that debt obligation.
(3) If a sinking fund has been established for the repayment of a regional hospital district's debt obligation referred to in subsection (2), the percentage of that sinking fund that corresponds to the government's percentage of the debt obligation is, on the date that this section comes into force, deemed to be held for the benefit of the government.
(4) If an enactment, bylaw or other instrument imposes an obligation on a regional hospital district to make payments into a sinking fund established for the repayment of any of the regional hospital district's debt obligations referred to in subsection (2), that enactment, bylaw or other instrument is deemed to be amended on the date that this section comes into force so that the regional hospital district is obliged to pay only a percentage, being the regional hospital district's percentage of the debt obligation, of each of those payments.
(5) If, before the coming into force of this section, a regional hospital district owed a debt obligation to the government under the certificate of approval program, on the date that this section comes into force,
(a) the regional hospital district is released from that part of the debt obligation that corresponds to the government's percentage of that debt obligation, and
(b) the principal amount of any security evidencing that debt obligation is reduced to the regional hospital district's percentage of that debt obligation.
49 On the date that this section comes into force,
(a) the debt obligations owed by the Greater Vancouver Regional Hospital District to the British Columbia Regional Hospital Districts Financing Authority are released and any securities evidencing those debt obligations are cancelled,
(b) the sinking funds established for repayment of the debt obligations referred to in paragraph (a) are deemed to be held for the benefit of the government,
(c) the obligations of the Greater Vancouver Regional Hospital District, including those that arise under an enactment, bylaw or other instrument, to make payments into sinking funds established for the repayment of the debt obligations owed to the British Columbia Regional Hospital Districts Financing Authority are released, and
(d) the Greater Vancouver Regional Hospital District's debt obligations to the government under the certificate of approval program are released.
50 (1) There may be established one or more trusts, to be administered by the Minister of Finance or by another person designated by that minister for the purpose of repayment of the government's debt obligations
(a) that relate to the regional hospital district's percentages of each of the debt obligations owed by the regional hospital district to the British Columbia Regional Hospital Districts Financing Authority, and
(b) that
(i) are transferred to the government from the British Columbia Regional Hospital Districts Financing Authority under section 47, or
(ii) were incurred by the government in order to lend money to the British Columbia Regional Hospital Districts Financing Authority before the repeal of the Hospital District Finance Act.
(2) A regional hospital district must, if directed to do so by the Minister of Finance, deposit assets into a trust or trusts established under subsection (1), which assets must
(a) have a value and be of a type or class of assets acceptable to the Minister of Finance, and
(b) be capable of generating cash flows sufficient to discharge fully the principal and interest payments of that regional hospital district's percentage of each of the debt obligations that was, before being transferred to the government under section 47, owed by that regional hospital district to the British Columbia Regional Hospital Districts Financing Authority.
(3) When a regional hospital district deposits the required assets under subsection (2),
(a) the amount of the regional hospital district's percentage of those debt obligations that were owed to the British Columbia Regional Hospital Districts Financing Authority by that regional hospital district before those obligations were transferred to the government under section 47 is released,
(b) the securities evidencing those debt obligations are cancelled, and
(c) there is transferred to that regional hospital district, or to another person designated by that regional hospital district, in respect of each sinking fund that had been established for the repayment of any of those debt obligations, a percentage, being the regional hospital district's percentage of the related debt obligation, of that sinking fund.
(4) Subsection (3) does not apply if and to the extent that the assets deposited under subsection (2) are securities issued by the regional hospital district.
[Note: See Table of Legislative Changes for the status of these provisions.]
| Section(s) | Affected Act | |
| 51–74 | British Columbia Transit Act | |
| 75 | Commercial Transport Act | |
| 76 | Emergency Program Act | |
| 77 | Expropriation Act | |
| 78–79 | Freedom of Information and Protection of Privacy Act | |
| 80–81 | Highway Act | |
| 82–91 | Hospital District Act | |
| 92 | Hospital District Finance Act | |
| 93 | Hydro and Power Authority Act | |
| 94 | Indian Self Government Enabling Act | |
| 95 | Land Act | |
| 96–97 | Land Title Act | |
| 98–99 | Ministry of Transportation and Highways Act | |
| 100–109 | Motor Fuel Tax Act | |
| 110–111 | Motor Vehicle Act | |
| 112–119 | Local Government Act | |
| 120–121 | Municipal Finance Authority Act | |
| 122 | Ombudsman Act | |
| 123–127 | Social Service Tax Act | |
| 128 | Special Appropriations Act | |
| 129 | Vancouver Charter |
131 In this Part:
"board" has the same meaning as in the Assessment Act;
"improvements" has the same meaning as in the Assessment Act;
"land" has the same meaning as in the Assessment Act;
"motor vehicle" has the same meaning as in the Motor Vehicle Act;
"occupier" has the same meaning as in the Assessment Act;
"owner" has the same meaning as in the Assessment Act;
"parcel" has the same meaning as in the Assessment Act;
"parking site" means, in respect of land located in the areas of the transportation service region to which the parking tax under this Part applies, the part of the land and any improvements on the land that is used, available or designed for the parking of motor vehicles or for any purpose that is in any way related or ancillary to that parking, whether or not there is a fee for that parking and whether or not the parking is available to the general public, and includes, without limitation, any part of the land and the improvements on the land
(a) that provides access to the space used, available or designed for parking, including, without limitation, ramps, driveways, turning areas and places on which motor vehicles may be driven,
(b) that separates or marks parking spaces, lanes for driving and other spaces, whether by way of painted markings or by curbs, walls, columns, pillars or other objects,
(c) on which is constructed a booth or other improvement for the use or occupancy of one or more parking attendants, and
(d) on which is erected anything in any way related or ancillary to parking, including, without limitation, lighting for the parking site and machines or devices used, available or designed for one or more of the collection of parking fees, the provision of parking tickets and the insertion of parking cards;
"parking site roll" includes a revised parking site roll, a supplementary parking site roll and any amendments made to a parking site roll under sections 63 and 65 (10) of the Assessment Act;
"parking space" means
(a) the part of a parking site that is marked out, by painted lines or otherwise, as being intended or available for the parking of a single motor vehicle, or
(b) for an unmarked parking site, a part of it that is determined in the manner set out in a bylaw of the authority to be a parking space;
"parking tax" means tax assessed under this Part;
"property" includes land and improvements;
"property class" has the same meaning as in the Assessment Act;
"review panel" has the same meaning as in the Assessment Act;
"revised parking site roll" means a parking site roll as amended under section 143 (2) or 162;
"supplementary parking site roll" means a roll prepared under section 145;
"taxable parking area" means the area, calculated in the manner set out in a bylaw of the authority, of that part of a parking site that is not exempt under section 136 from assessment of parking tax;
"taxable parking space" means a parking space located in that part of a parking site that is not exempt under section 136 from assessment of parking tax;
"unmarked parking site" means a parking site or a part of a parking site that does not contain parking spaces marked as set out in paragraph (a) of the definition of "parking space".
132 (1) Sections 36 and 39, Part 5, and sections 49.1, 52, 55, 59 to 65, 66 (1) and (2), 67 and 68 of the Assessment Act apply to parking site rolls and the preparation of complaints against and appeals related to those rolls, and, for that purpose, a reference in those sections or that Part to a word or phrase set out in Column A is to be read as a reference to the word or phrase listed opposite in Column B.
| Column A | Column B |
| assessor | authority |
| assessment roll | parking site roll |
| revised assessment roll | revised parking site roll |
(2) A reference in this Part to a section or Part of the Assessment Act referred to in subsection (1) is to be read as a reference to that section or Part if and to the extent it applies under this Part.
Division 2 — Powers of Authority
133 (1) Subject to subsection (1.1), the authority may, by bylaw, assess a parking tax on one or both of
(a) the taxable parking area of parking sites located in the transportation service region, and
(b) the taxable parking spaces in parking sites located in the transportation service region.
(1.1) Despite any other provision of this Part, the authority must not assess a parking tax under subsection (1) for the purposes of any tax year after 2007.
(2) For the purposes of subsection (1), the authority may, by bylaw,
(a) determine the areas of the transportation service region to which the parking tax applies,
(b) establish the rate for the parking tax or establish different rates of parking tax for different areas of the transportation service region,
(c) set out the manner of determining which parts of an unmarked parking site constitute parking spaces,
(d) set out the manner in which the taxable parking area of a parking site is to be calculated, and
(e) exempt land, improvements and property classes from assessment of a parking tax.
(3) Parking tax must be set at a rate that is not greater than whichever of the following applies:
(a) if the parking tax is assessed on the taxable parking area of parking sites, $1.43 per square metre of taxable parking area;
(b) if the parking tax is assessed on the taxable parking spaces in parking sites, $45.13 per taxable parking space.
(3.1) Despite subsections (1) and (2), if the authority assesses a tax under those subsections for a taxation year, the authority, instead of assessing the tax in the treaty lands of a taxing treaty first nation, by bylaw, must apply the tax rate established under subsection (2) (b) in relation to the treaty lands to determine the amount that would have been assessed in relation to those treaty lands if the authority were assessing a tax on the taxable parking area, or taxable parking spaces, of parking sites in those treaty lands.
(4) On or before May 1 of each year before 2008, the authority must
(a) send to the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the parking tax assessed for the municipality or rural area, and
(b) send to each taxing treaty first nation a requisition setting out
(i) the amount determined in relation to it under subsection (3.1), and
(ii) the rates applied to determine that amount.
(5) Subject to subsection (6) of this section and section 16 (3), a bylaw made under subsection (1) of this section does not come into force until the bylaw is ratified by a resolution of the Greater Vancouver Regional District board of directors.
(6) A bylaw made under subsection (1) does not require ratification by the Greater Vancouver Regional District board of directors under subsection (5) before coming into force if
(a) the bylaw is made by the authority under subsection (1) in 2005 for one or more taxation years that include the 2006 taxation year, or
(b) the bylaw results in no change to or a decrease in the parking tax.
134 (1) For the purposes of this Part, on or before December 31 of each year before 2007, the authority must complete a new parking site roll containing a list of each property that is in the transportation service region and that is liable to assessment of parking tax.
(2) A parking site roll must, for each property listed under subsection (1), contain the prescribed information.
(3) The authority must maintain each parking site roll completed on or before December 31, 2006, and those parking site rolls must be available for public inspection during regular business hours at the office of the authority.
135 (1) The authority must provide the following, as soon as they become available, to each municipality and taxing treaty first nation in the transportation service region that has taxable parking areas or taxable parking spaces and to the Surveyor of Taxes:
(a) the parking site roll completed under section 134;
(b) the revised parking site roll;
(c) an amendment to the parking site roll ordered or directed under section 63 or 65 (10) of the Assessment Act.
(2) Despite section 152 (1), the parking site rolls and amendments referred to in subsection (1) of this section must be provided to the municipality, the taxing treaty first nation and the Surveyor of Taxes free of charge.
136 (1) Subject to section 136.1 but despite any other provision of this Part, the following are exempt from assessment of a parking tax:
(a) property that falls into a single property class if that property class is 1, 7 or 9;
(b) if property falls into 2 or more property classes, the portion, if any, of the property that is determined in the prescribed manner to fall into a property class exempt under this section;
(c) property that is, under section 131 of the School Act, wholly exempt from taxation under that Act;
(d) in the case of property that is, under section 131 of the School Act, partially exempt from taxation under that Act, the portion of the parking site on that property that is determined in the prescribed manner to be exempt from the assessment of parking tax;
(e) subject to subsection (4) of this section, each of the following that is exempt by bylaw of the authority made under section 133 (2) (e), to the extent, for the period and subject to the conditions provided in the bylaw:
(i) land or improvements or both;
(ii) a property class;
(iii) a type of land or improvements or both.
(2) Property is not exempt from parking tax unless it is exempt under subsection (1).
(3) Nothing in a regulation referred to in subsection (1) (b) or in any determination made under that regulation affects the classification of property under the Assessment Act as it applies for the purposes of property taxation.
(4) An exemption created by a bylaw does not have any effect in a calendar year unless the bylaw creating the exemption came into force on or before October 31 of the preceding calendar year.
(5) For the 2006 calendar year only, the date in subsection (4) is December 31.
(6) For the purposes of subsection (1) (e) (iii), a type of land or improvements or both may be defined on any basis the authority considers appropriate, including, without limitation, the following:
(a) the person or class of persons that owns or occupies the property;
(b) the use of the property.
(7) A bylaw that creates an exemption ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption, and, after this, the property is liable to assessment of parking tax.
136.1 Section 136 (1) (a), (b) and (e) applies in relation to the treaty lands of a taxing treaty first nation, and section 136 (1) (c) and (d) applies in relation to the treaty lands of a taxing treaty first nation to the same extent they would apply if the treaty lands were subject to taxation under the School Act, for the purposes of calculating the rates under section 133 (2) (b) and the amount of a requisition under section 133 (4) (b).
137 (1) For the purposes of this Part, the British Columbia Assessment Authority may enter into an agreement with the authority under which the authority delegates to the British Columbia Assessment Authority some or all of the authority's powers and duties in relation to parking site rolls, including, without limitation, powers and duties in relation to the preparation of those rolls.
(2) If the British Columbia Assessment Authority enters into an agreement described in subsection (1), the British Columbia Assessment Authority, to the extent provided in the agreement, may delegate to any person, including an officer or employee of the British Columbia Assessment Authority, a power or duty of the British Columbia Assessment Authority under the agreement.
(3) If the British Columbia Assessment Authority delegates a power or duty in relation to parking site rolls to an officer or employee of the British Columbia Assessment Authority, the officer or employee, despite section 10 (e) of the Assessment Authority Act, is to exercise the power or perform the duty.
138 (1) If part of a parcel is, under section 25 (1) of the Assessment Act, treated as a separate parcel for the purposes of that Act and if that part of a parcel is, in whole or in part, liable to assessment of parking tax, that part of the parcel must be treated as a separate parcel for the purposes of this Part and a separate entry made on the parking site roll in respect of the land or improvements or both.
(2) If part of a parcel of railway land is treated as a separate parcel for the purposes of this Part under subsection (1) and if a part of the remainder of the parcel is also liable to assessment of parking tax, that part of the remainder must be treated under this Part as a separate parcel and a separate entry made on the parking site roll in respect of the land or improvements or both.
(3) If an owner or a lessee of a parcel described in subsection (1) gives notice under section 25 (4) of the Assessment Act, the authority must enter the name and address of the lessee on the parking site roll.
139 (1) Land, the fee of which is in the government, or in some person on behalf of the government, that is held or occupied otherwise than by, or on behalf of, the government, is, with the improvements on it, liable to assessment of parking tax in accordance with this section if all or part of that land is a parking site that is not exempt from assessment of parking tax.
(2) The land referred to in subsection (1) with the improvements on it must be entered in the parking site roll in the name of the holder or occupier, and the taxable parking area or the number of taxable parking spaces of the parking site must be determined in the manner set out in a bylaw made under section 133.
(3) This section applies, with the necessary changes and so far as it is applicable, to improvements owned by, leased to, held, or occupied by some person other than the government, located on land the fee of which is in the government, or in some person on behalf of the government.
(4) This section applies, with the necessary changes and so far as it is applicable, if land is held in trust for a tribe or band of Indians and occupied, in other than an official capacity, by a person who is not an Indian.
(5) As soon as the authority determines that
(a) land is held or occupied, or
(b) land ceases to be held or occupied
in the manner referred to in subsection (1), the authority must make an entry on a supplementary parking site roll.
(6) Subsection (5) does not apply in respect of land in a rural area.
140 (1) Land, the fee simple of which is held by or on behalf of a person who is exempted from taxation under this Part, and which is held or occupied otherwise than by or on behalf of that person, is, with its improvements, liable to assessment of parking tax.
(2) The land and improvements referred to in subsection (1) must be entered in the parking site roll in the name of the holder or occupier, and the taxable parking area, or the number of taxable parking spaces, of the parking site must be determined in the manner set out in a bylaw made under section 133.
(3) This section applies to improvements owned by, leased to, held or occupied otherwise than by, or on behalf of, a person exempted from taxation under this Part, located on land the fee simple of which is held by or on behalf of a person exempted from taxation under this Part.
141 (1) Land, the fee of which is in the municipality, held or occupied otherwise than by, or on behalf of, the municipality, is, with the improvements on it, liable to assessment of parking tax.
(2) The land referred to in subsection (1) with the improvements on it must be entered in the parking site roll in the name of the holder or occupier, and the taxable parking area, or the number of taxable parking spaces, of the parking site must be determined in the manner set out in a bylaw made under section 133.
(3) This section applies, with the necessary changes and so far as it is applicable, to improvements owned by, leased to, held, or occupied by some person other than the municipality, located on land the fee of which is in the municipality, or in some person on behalf of the municipality.
(4) This section does not apply to any land or improvements that were exempted from taxation by the municipality under the terms of a lease agreement entered into before July 1, 1957.
142 If land or improvements or both are held or occupied in the manner referred to in section 26, 27 or 28 of the Assessment Act by 2 or more persons and there is no paramount occupier, parking tax must be assessed on that property in the names of those persons jointly.
143 (1) In accordance with section 156, the authority must notify a review panel of all errors or omissions in the parking site roll completed under section 134 except those errors or omissions corrected under subsection (2) of this section.
(2) Before March 16 of the year following the completion of the parking site roll under section 134, the authority may amend an individual entry in the completed parking site roll to correct an error or omission, with the consent of
(a) the owner of the affected property, and
(b) the complainant, if the complainant is not the owner of the affected property.
(3) Without limiting subsection (1), the authority must give notice to the review panel in respect of any of the following circumstances:
(a) because of a change of ownership that occurs after November 30 and before the following January 1 and that is recorded in the records of the land title office before that January 1,
(i) land or improvements or both that were not previously liable to assessment of parking tax become liable to assessment of parking tax, or
(ii) land or improvements or both that were previously liable to assessment of parking tax cease to be liable to assessment of parking tax;
(b) land or improvements or both that are referred to in section 139 or 140 are held or occupied by a person other than the owner of the fee simple, and the interest of the holder or occupier begins or ends after November 30 and before the following January 1;
(c) land or improvements or both that are liable to assessment of parking tax
(i) are substantially damaged or destroyed after October 31 and before the following January 1, and
(ii) cannot reasonably be repaired or replaced before the following January 1.
144 The revised parking site roll is, unless changed or amended under section 145 of this Act or section 63 or 65 (10) of the Assessment Act,
(a) valid and binding on all parties concerned, despite
(i) any omission, defect or error committed in, or with respect to, that parking site roll,
(ii) any defect, error or misstatement in any notice required, or
(iii) the omission to mail the notice, and
(b) for all purposes, the parking site roll of the authority until the next revised parking site roll.
145 (1) If, after the completion of a parking site roll, the authority finds that all or part of a property liable to assessment of parking tax was not included on the parking site roll, the authority must include the property or part on a supplementary parking site roll, or further supplementary parking site roll, subject to the conditions of inclusion governing the current parking site roll on which the property or part should have been included.
(2) If, after the completion of a parking site roll, the authority finds that all or part of a property liable to assessment of parking tax for a previous year was not included on the parking site roll for that year, the authority must include the property or part on a supplementary parking site roll or further supplementary parking site roll for that year, subject to the conditions of inclusion governing the parking site roll on which the property or part should have been included, but only if the failure to include the property or part is attributable to
(a) an owner's failure to disclose,
(b) an owner's concealment of particulars relating to the property or part,
(c) a person's failure to make a return, or
(d) a person's making of an incorrect return,
required under this or any other Act.
(3) Despite sections 143, 144 and 162, and in addition to its powers and duties under subsections (1) and (2) of this section, the authority may, at any time before December 31 of the year following completion of the parking site roll under section 134, correct errors and omissions in a completed parking site roll.
(4) The authority must not make a change or amendment that would be contrary to an amendment in the parking site roll ordered or directed by the board under section 63 or 65 (10) of the Assessment Act.
(5) Nothing in subsection (1), (3) or (4) of this section authorizes the preparation of a supplementary parking site roll, or the correction of a parking site roll, for the purpose of changing or updating a parking site roll later than 12 months after that parking site roll is completed.
146 (1) The duties imposed on the authority with respect to the annual parking site roll and the provisions of this Act relating to parking site rolls, so far as they are applicable, apply to supplementary parking site rolls.
(2) On receipt of a notice of complaint under section 155 in respect of a supplementary parking site roll, the authority must
(a) record receipt of the notice, and
(b) if the complaint is not resolved under section 143 (2), ensure the complaint is brought before a review panel at the next sitting of review panels.
Division 3 — Inspection of Land and Records
147 The authority may, for any purpose relating to the parking tax, including the preparation of a parking site roll and the determination of liability for assessment of the parking tax, enter into or on and inspect land and improvements.
148 (1) Before or after the completion of a parking site roll, the authority may, by notice served personally or sent by mail, require a person who owns, occupies or disposes of property to provide to the authority, within 21 days or a longer period specified in the notice, information for any purpose related to the administration of this Part.
(2) The authority is not bound by the information provided but may, if the authority has reason to doubt its accuracy, calculate the taxable parking area of, or the number of taxable parking spaces in, the property in the manner and using information the authority believes to be correct.
149 (1) For the purposes of this Part, the authority must be given access to, and may examine and take copies of and extracts from, the records relating to any property the authority considers is or may be, or includes or may include, a parking site, and, for that purpose,
(a) the authority may enter on any property for the purposes of obtaining the access, examination, copies or extracts, and
(b) any person, including, without limitation, the government, government corporations and agencies, municipalities and regional districts, holding the records must, on request, provide every facility and assistance required for the entry, examination, copies and extracts.
(2) Any person who is required to provide every facility and assistance under subsection (1) (b), other than a local government, must do so without charge.
150 A person who has custody or control of information or records obtained or created under this Part must not disclose the information or records to any other person unless that disclosure is made
(a) in the course of administering this Part or the regulations or performing functions under them,
(b) to the British Columbia Assessment Authority if the authority has delegated all or part of its responsibilities to the British Columbia Assessment Authority under section 137 (1),
(c) in proceedings before a review panel, the board or a court of law, or
(d) to the person, or agent of the person, to whom or to whose property the information relates.
151 Despite this Act and the Assessment Act, for any purpose relating to a parking site roll, including its preparation, maintenance, defence or revision,
(a) the authority may share with one or more of the British Columbia Assessment Authority, the review panel and the board any information that is or may be included in a parking site roll, and
(b) the British Columbia Assessment Authority, the review panel and the board may share with the authority any information that is or may be included in an assessment roll.
152 (1) Subject to the requirements of this section, if this Part or a regulation requires or authorizes the disclosure or public inspection or other use of or access to a record, including a parking site roll, a person may obtain a copy of the record or parking site roll on payment of any fee that may be set for the copy by the authority or by the chair of the board, as the case may be.
(2) A person must not, directly or indirectly, use the parking site roll or information contained in the parking site roll as follows:
(a) to obtain names, addresses or telephone numbers for solicitation purposes, whether the solicitations are made by telephone, mail or any other means;
(b) to harass an individual.
(3) A person who wishes to inspect or obtain a copy of a parking site roll may be required to complete a declaration in the prescribed form
(a) specifying the purpose for which the information is to be used, and
(b) certifying that the information contained in the record will not be used in a manner prohibited under subsection (2).
(4) A person who contravenes subsection (2) commits an offence.
153 (1) A person who commits an offence under section 152 (4) is liable on conviction to a fine of not more than $10 000 or imprisonment for a term not longer than 2 years, or both.
(2) If a person is convicted of an offence under section 152 (4) and the court is satisfied that, as a result of the commission of the offence, the person acquired any monetary benefits or that monetary benefits accrued to the person, the court may order the person to pay a fine equal to the court's estimation of the amount of those monetary benefits.
(3) A fine under subsection (2) of this section is in addition to and not in place of the fine or punishment that may be imposed under subsection (1) and is not limited to the maximum fine referred to in subsection (1).
154 Subject to the requirements in section 155, a person may make a complaint against an individual entry in a parking site roll on any of the following grounds:
(a) there is an error or omission respecting the name of a person in the parking site roll;
(b) there is an error or omission respecting the taxable parking area of, or the number of taxable parking spaces in, land or improvements, or both land and improvements;
(c) land or improvements, or both land and improvements, have been improperly determined to be a parking site;
(d) an exemption referred to in section 136 (1) (e) has been improperly allowed or disallowed;
(e) there is an error in the apportionment of property into 2 or more property classes for the purposes of section 136 (1) (b).
155 (1) A person who wishes to make a complaint under section 154 must file notice of the complaint with the authority.
(2) The notice of complaint must be filed with the authority no later than January 31 of the year following the year in which the parking site roll is completed under section 134 or changed or amended under section 145, as the case may be.
(3) The notice of complaint must
(a) clearly identify the property in respect of which the complaint is made,
(b) include the full name of the complainant and a telephone number at which the complainant may be contacted during regular business hours,
(c) indicate whether or not the complainant is the owner of the property to which the complaint relates,
(d) if the complainant has an agent to act on the complainant's behalf in respect of the complaint, include the full name of the agent and a telephone number at which the agent may be contacted during regular business hours,
(e) include an address for delivery of any notices in respect of the complaint,
(f) state the grounds on which the complaint is based under section 154, and
(g) include any other prescribed information.
156 Before March 16 of each year, the authority must, for the purpose of correcting an error or omission under section 143 that is not corrected with the consent of the owner of the affected property, recommend to a review panel changes to the parking site roll.
157 (1) If the authority receives a complaint and that complaint is not resolved under section 143 (2), the authority must
(a) set a time for a hearing of the complaint by a review panel before March 16,
(b) deliver notice of the hearing to the complainant's address for delivery, and
(c) if the complainant is not the owner of the property in respect of which the complaint is made, deliver notice of the hearing to each owner of that property.
(2) The authority is not required to deliver notice of the hearing to the owner of a property affected by a recommendation for change under section 156 if the recommendation
(a) results in no change to or a decrease in the area of the taxable parking area of, or in the number of taxable parking spaces in, the property, and
(b) does not result in the removal of an exemption.
(3) A notice under this section must include a statement that the recipient may file written submissions instead of appearing at the hearing.
158 (1) A complainant may apply to withdraw a complaint made under section 155 by filing with the authority a notice of withdrawal.
(2) The review panel may summarily dismiss the complaint referred to in subsection (1) of this section on consent of the authority.
(3) No appeal lies under section 163 in respect of a summary dismissal of a complaint under subsection (2) of this section.
159 (1) A review panel may review and consider the parking site roll and the individual entries made in it in relation to one or more of the matters referred to in section 154 (a) to (e).
(2) For the purpose of subsection (1) of this section, a review panel may
(a) investigate the parking site roll and the individual entries made in it, whether or not the investigation is based on a complaint or on an authority recommendation, and
(b) direct amendments to be made to the parking site roll, subject to the requirements of subsections (4) to (6).
(3) Despite subsection (2) (b), the review panel may
(a) refuse to adjudicate a matter set for its consideration if the notice of complaint was not filed in accordance with section 155 (2), and
(b) summarily dismiss a matter set for its consideration if a notice of withdrawal is filed in accordance with section 158.
(4) A review panel must before March 16 complete
(a) any investigation referred to in subsection (2) (a) of this section, and
(b) adjudication of the matters in relation to a parking site roll set for its consideration under section 36 of the Assessment Act.
(5) If the review panel intends to direct that an amendment be made that is not based on a complaint or on a recommendation of the authority and the amendment would
(a) increase the taxable parking area of, or the number of taxable parking spaces in, the property, or
(b) result in the removal of an exemption referred to in section 136 (1) (e),
the review panel must order the authority to set a hearing in respect of the proposed amendment, giving the owner of the affected property an opportunity to make submissions.
(6) For the purposes of subsection (5) of this section, the authority must, at least 5 days before the hearing, deliver to the owner of the affected property a notice of the hearing and the notice must include
(a) particulars of the proposed amendment, and
(b) a statement that the owner may file written submissions instead of appearing at the hearing.
(7) The chair of the review panel may
(a) determine the procedures to be followed at proceedings of the review panel,
(b) administer an oath or solemn affirmation to a person or witness before his or her evidence is taken, and
(c) for the purposes of section 36 (2) of the Assessment Act, but subject to the requirement of subsection (4) of this section, adjourn the hearings from day to day or from time to time and from place to place within the geographic area of the review panel's jurisdiction.
(8) The chair of the review panel must make a record of a summary dismissal under section 158, a refusal to adjudicate a matter under subsection (3) (a) of this section and any decision made in relation to an investigation, adjudication or direction by the review panel.
(9) The chair of the review panel must provide the authority with information necessary to
(a) amend the parking site roll in accordance with a decision referred to in subsection (8), and
(b) provide sufficient notice under section 161 (1).
160 In a hearing before the review panel, the burden of proof is
(a) on the complainant, or
(b) if the matter concerns an authority recommendation under section 156, on the authority.
161 (1) Before April 7 following the sitting of the review panel, the authority must deliver notice of the decision made by the review panel, or of its refusal to adjudicate the complaint made, to
(a) the owner of the property to which the decision relates, and
(b) the complainant, if the complainant is not the owner.
(2) Before April 7, the authority must deliver notice of the amendment made by the authority under section 143 (2) to
(a) the owner of the property to which the amendment relates, and
(b) the complainant, if the amendment resolved a complaint and the complainant is not the owner.
(3) Notice under subsection (1) or (2) of this section must include
(a) a statement that the decision or amendment may be appealed to the board in accordance with section 163, and
(b) information on the procedures to be followed for initiating the appeal.
162 The authority must ensure that all amendments are made to the parking site roll in accordance with the directions of the review panel under section 159 (2) (b).
163 (1) Subject to the requirements of subsections (2) to (4), a person may appeal to the board if the person is dissatisfied
(a) with a decision of a review panel under Division 4,
(b) with an omission or refusal of the review panel to adjudicate a complaint made under section 155, or
(c) with an amendment to the parking site roll under section 143 (2).
(1.1) Subject to the requirements of subsections (2) to (4.2), an owner may, with leave of the board, appeal to the board if the owner failed to file a notice of complaint in respect of the owner's property within the time required under section 155 (2).
(2) The appeal must be based on one or more of the grounds referred to in section 154.
(3) A notice of appeal under this section and the prescribed appeal fee must be filed with the board on or before April 30 following the sitting of the review panel.
(4) The notice of appeal must
(a) clearly identify the property in respect of which the appeal is made,
(b) include the full name of the appellant and a telephone number at which the appellant may be contacted during regular business hours,
(c) indicate whether or not the appellant is the owner of the property to which the appeal relates,
(d) if the appellant has an agent to act on the appellant's behalf in respect of the appeal, include the full name of the agent and a telephone number at which the agent may be contacted during regular business hours,
(e) include an address for delivery of any notices in respect of the appeal,
(f) state the grounds on which the appeal is based, and
(g) include any other prescribed information.
(4.1) In addition to the requirements under subsection (4), a notice of appeal for an appeal under subsection (1.1) must state the reasons why leave should be granted under subsection (4.3).
(4.2) All evidence on which the owner relies in support of the reasons why leave should be granted must be filed with the notice of appeal.
(4.3) The board may grant leave to appeal under subsection (1.1) if the board is satisfied that the owner's failure to file a notice of complaint within the time required under section 155 (2) was due to circumstances beyond the owner's control.
(5) If a notice of appeal is deficient or if the prescribed appeal fee is outstanding, the chair of the board may in his or her discretion allow a reasonable period of time within which the notice may be perfected or the fee is to be paid.
(6) Without limiting any other jurisdiction it may have under this or any other enactment, the board has jurisdiction to determine
(a) appeals from decisions of the review panels under Division 4,
(b) appeals from omissions or refusals by the review panels to adjudicate complaints made under section 155 (1),
(c) complaints about amendments to the parking site roll made under section 143 (2), or
(d) appeals brought under subsection (1.1) of this section.
164 If the board receives a notice of appeal in accordance with section 163, the board must promptly provide a copy of the notice to each of the following who is not the appellant:
(a) the owner of the property;
(b) the authority;
(c) the complainant before the review panel, if that person is not a person specified in paragraph (a) or (b).
165 (1) In an appeal under this Part with respect to a property, the board may consider, in relation to that property, any matter referred to in section 154 (a) to (e) to ensure that
(a) the parking site roll is accurate, and
(b) the provisions of this Act and the regulations are applied in a consistent manner.
(2) Nothing in subsection (1) of this section empowers the board to make a determination in respect of any property other than the property that is the subject of the appeal.
(3) The board may order the authority to reconsider and correct the determination of the taxable parking area of, or of the number of taxable parking spaces in, properties in all or part of the transportation service region, whether or not those properties are the subject of the appeal, if the board finds that
(a) the actual taxable parking areas of properties in all or part of the transportation service region are smaller than the taxable parking areas shown for those properties on the parking site roll,
(b) the actual number of taxable parking spaces in properties in all or part of the transportation service region is fewer than the number of taxable parking spaces shown for those properties on the parking site roll, or
(c) the taxable parking area or number of taxable parking spaces specified in the entry against which the appeal has been brought has been correctly determined, but the taxable parking area, or the number of taxable parking spaces, determined for similar properties in the transportation service region is smaller or fewer than the actual taxable parking area of, or the number of taxable parking spaces in, those properties.
(4) Despite section 145 (5), the authority must make the corrections ordered under subsection (3) of this section on a supplementary parking site roll.
166 (1) Each year on or before December 31, the government may submit a requisition to the authority for the amount required to cover the anticipated costs to the government, for the government's next fiscal year, of complaints and appeals under this Act to the review panels and the board.
(2) The authority must pay the amounts requisitioned under subsection (1) to the government in instalments at the times and in the manner prescribed.
(3) The government may require the authority to adjust the final instalment for a fiscal year so that the total amounts paid for the fiscal year cover the actual costs of the complaints and appeals referred to in subsection (1) for that fiscal year.
Division 6 — Regulations and Review
167 (1) Without limiting section 46, the Lieutenant Governor in Council may make regulations under this Part
(a) respecting the preparation of parking site rolls, including, without limitation,
(i) the manner and form in which parking site rolls may or must be prepared,
(ii) the information that may or must be referred to for the purposes of their preparation,
(iii) the information that may or must be included,
(iv) the date or dates on or before which any information applicable to the preparation must be determined,
(v) the manner in which contiguous parcels may or must be treated for the purposes of parking site rolls, and
(vi) the effect of a completed parking site roll,
(b) respecting the notices that may or must be provided in relation to parking tax or a parking site roll, including, without limitation,
(i) the persons to whom the notices must be provided and the manner in which they may or must be provided,
(ii) the manner and form in which the notices may or must be prepared,
(iii) the information that may or must be referred to for the purposes of their preparation, and
(iv) information that may or must be included,
(c) respecting the delegation by the authority of its powers and duties in relation to parking site rolls,
(d) respecting access to, and copies of any portion or all of, a parking site roll, including, without limitation,
(i) fees payable for that access or those copies,
(ii) restrictions on the uses to which information from, or copies of, any portion or all of a parking site roll may be put, and
(iii) declarations or certifications that may or must be required from persons wishing to obtain access to, and copies of, any portion or all of a parking site roll,
(e) respecting the manner of determining which portions, if any, of a property fall into a property class exempt from assessment of parking tax,
(f) respecting the manner of determining which portion, if any, of a parking site is exempt from the assessment of parking tax,
(g) respecting complaints and appeals of or related to a parking site roll,
(h) respecting the information that must be included in a notice of complaint or a notice of appeal,
(i) respecting appeal fees,
(j) respecting the times and the manner in which instalments of amounts requisitioned under section 166 (1) must be paid to the government,
(k) establishing the amounts and frequency of instalments referred to in subsection 166 (2),
(l) defining words and expressions used but not defined in this Act, and
(m) prescribing a form for the purpose of section 152 (3).
(2) Without limiting subsection (1), on the recommendation of the minister after consultation with the authority, the Lieutenant Governor in Council, for the purposes of that subsection, by regulation may
(a) provide powers and duties to the authority in relation to parking tax and parking site rolls, including, without limitation, their preparation, review and amendment and any related notices, complaints and appeals,
(b) apply provisions of the Assessment Act or other enactments in relation to a parking site roll, including, without limitation,
(i) its preparation, review and amendment, and
(ii) any related notices, complaints and appeals, and
(c) despite section 190 (3) (c) and without limiting section 190 (3) (d), authorize the authority to delegate any or all of its powers and duties in relation to parking site rolls, on the terms and conditions the authority considers appropriate, to the British Columbia Assessment Authority.
(3) The powers and duties that may be provided to the authority under subsection (2) (a) include, without limitation, the British Columbia Assessment Authority's powers and duties under the Assessment Act or the Assessment Authority Act in relation to the property tax and assessment rolls, including, without limitation, their preparation, review and amendment and any related notices, complaints and appeals.
170 In this Part:
"eligible individual" means an individual who
(a) is not an employee, director or officer of the authority or of any of its subsidiaries,
(b) is not, and has never been, a commissioner or a deputy commissioner,
(c) does not hold elected public office of any type, and
(d) is not an employee of the government or of a municipality, regional district, trust council or greater board;
"GVTA directors" means the individuals who, on the coming into force of this section, are the directors of the authority.
171 (1) The board is to consist of
(a) the GVTA directors, until their term of office expires under section 178 (2), and
(b) after that, 9 qualified individuals appointed as directors of the authority in accordance with this Part.
(2) A director appointed under this Part may be reappointed as a director of the authority, but must not hold office for more than 6 consecutive years.
172 (1) On or before June 30 of each year,
(a) the minister must appoint one eligible individual,
(b) the mayors' council on regional transportation must appoint one eligible individual,
(c) the council of the Institute of Chartered Accountants of British Columbia must appoint one eligible individual,
(d) the board of directors of the Vancouver Board of Trade must appoint one eligible individual, and
(e) the Greater Vancouver Gateway Society must appoint one eligible individual,
and the persons appointed under this subsection constitute a screening panel for the year in which the appointments are made.
(2) If a member of a screening panel, other than the 2007 screening panel, dies or resigns before his or her appointment is terminated under section 181 (3), the remaining members of the screening panel must, within 30 days, appoint an eligible individual as a replacement member.
(3) No act or proceeding of the screening panel is invalid merely because the composition of the screening panel does not accord with this section.
173 (1) Subject to subsection (2), a member of a screening panel
(a) must not, directly or indirectly, have a significant beneficial interest in an operation, whether that operation is for profit or not, or in a person, or in a share, stock, bond, debenture or other security of a person, that
(i) owns or manages the operation of one or more commercial passenger vehicles or directly or indirectly has a significant beneficial interest in a person who owns or manages the operation of one or more commercial passenger vehicles,
(ii) provides, or directly or indirectly has a significant beneficial interest in a person who provides, independent transit services, or
(iii) provides parking services in the transportation service region or directly or indirectly has a significant beneficial interest in a person who provides parking services in the transportation service region,
(b) must not, directly or indirectly, have a significant beneficial interest in a device, appliance, machine, article, patent or patented process, or a part of it, that is material to the provision of transportation services in the transportation service region, or
(c) must not, directly or indirectly, have a significant beneficial interest in a contract for the provision of transportation services, including, without limitation, independent transit services, in the transportation service region.
(2) If a member of a screening panel has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a), he or she is not, merely because of that interest, in breach of this Act, unless those investments make up more than 30% of the total mutual fund or pension fund holdings.
174 (1) This section does not apply to the 2007 screening panel.
(2) Subject to this Part, the authority must
(a) provide the support services required by each screening panel for its meetings, including, without limitation,
(i) reasonably furnished facilities of a reasonable size at which meetings of the screening panel may be held,
(ii) staff for recording the proceedings and providing such assistance to the members of the screening panel as may be necessary,
(iii) materials necessary for the conduct of the meetings, and
(iv) services required for filing, keeping, maintaining and making available the screening panel's records,
(b) provide to the screening panel the funding necessary for it to satisfy its financial requirements in the fiscal year in which it is appointed, including any funding necessary for it to retain professional recruitment services, to a maximum amount to be paid in that fiscal year under this paragraph of
(i) $50 000, or
(ii) any greater amount approved by resolution of the board, and
(c) provide reimbursement and remuneration to the members of the screening panel in accordance with subsections (3) and (4).
(3) The following apply to each individual who is a member of a screening panel in any fiscal year:
(a) the member is entitled to be reimbursed by the authority for actual reasonable expenses necessarily incurred in performing his or her duties under section 176 or under sections 179 and 181, as the case may be, in that fiscal year;
(b) the member is entitled to remuneration from the authority in the amount of
(i) $5 000, or
(ii) any greater amount approved by resolution of the board,
for the performance of his or her duties under section 176 or under sections 179 and 181, as the case may be, in that fiscal year.
(4) In addition to the reimbursement and remuneration payable by the authority under subsection (3), the authority must, at the end of the term of the screening panel, provide to the individual who had been appointed as the chair of the screening panel, an honorarium of
(a) $5 000, or
(b) any greater amount that is approved by resolution of the board.
175 (1) The members of the screening panel must appoint one of their number as chair.
(2) Subject to this Part, each screening panel may establish its own procedures.
176 (1) The 2007 screening panel is deemed to be a duly authorized and properly constituted screening panel for all purposes of this Act.
(2) The 2007 screening panel must provide to the mayors' council on regional transportation a list of at least 15 qualified individuals to be considered for appointment as directors of the authority.
(3) Promptly after performing its duties under subsection (2), the 2007 screening panel must,
(a) recommend the remuneration to which a director of the authority is entitled and the terms on which it is to be paid, and
(b) provide to the authority all of the 2007 screening panel's records.
(4) After the 2007 screening panel has performed its duties under subsections (2) and (3), the appointments of the members of the 2007 screening panel are terminated in accordance with the terms of the contracts referred to in the definition of "2007 screening panel" and, with that termination, the 2007 screening panel is disestablished.
177 (1) The mayors' council on regional transportation must, on or before December 31, 2007, appoint as directors of the authority 9 of the nominees named in the list provided to them under section 176 (2) as follows:
(a) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2008;
(b) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2009;
(c) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2010.
(2) For the purpose of making appointments under this section, each member of the mayors' council on regional transportation has one vote.
(3) Subject to section 178 (1), if the mayors' council on regional transportation appoints nominees referred to in subsection (1) of this section as directors of the authority, those appointees take office as directors of the authority for the terms provided for them in those appointments.
(4) If, despite subsection (1), the mayors' council on regional transportation appoints none or fewer than 3 of the nominees as directors of the authority within the time required, the nominees named in the list referred to in section 176 (2) are appointed as directors of the authority as follows:
(a) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation appoints as directors of the authority 2 of the nominees named in the list referred to in section 176 (2), the first nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008;
(b) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation appoints as a director of the authority one of the nominees named in the list referred to in section 176 (2),
(i) the first nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2009, and
(ii) the 2nd nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008;
(c) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation does not appoint as directors of the authority any of the nominees named in the list referred to in section 176 (2),
(i) the first nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2010,
(ii) the 2nd nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2009, and
(iii) the 3rd nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008.
178 (1) The individuals appointed as directors of the authority under section 177 take office as directors of the authority at the beginning of the day on January 1, 2008.
(2) The term of office of the GVTA directors expires at the end of the day on December 31, 2007.
179 (1) On or before September 15 of each year after 2007, the screening panel appointed in that year must provide to the mayors' council on regional transportation a list of at least 5 qualified individuals to be considered for appointment as directors of the authority.
(2) The mayors' council on regional transportation must, within 45 days after receiving the list referred to in subsection (1), appoint 3 of those nominees as directors of the authority.
(3) For the purpose of making appointments under this section, each member of the mayors' council on regional transportation has one vote.
(4) If the mayors' council on regional transportation appoints any of the nominees referred to in subsection (1) as directors of the authority, those appointees hold office as directors of the authority in accordance with subsection (5), but if, despite subsection (2), the number of directors of the authority in the following year will, without this subsection, be less than 3, the following appointments are made:
(a) if the number of directors of the authority in the following year will be zero, the first 3 nominees named on the list referred to in subsection (1) are appointed as directors of the authority;
(b) if the number of directors of the authority in the following year will be one, the first 2 nominees named on the list referred to in subsection (1) who are not nominees appointed by the mayors' council on regional transportation are appointed as directors of the authority;
(c) if the number of directors of the authority in the following year will be 2, the first nominee named on the list referred to in subsection (1) who is not a nominee appointed by the mayors' council on regional transportation is appointed as a director of the authority.
(5) The individuals appointed as directors of the authority under subsection (2) or (4) in a fiscal year hold office as directors of the authority from the beginning of the day on January 1 of the following fiscal year to the end of the day on the 3rd December 31 following the beginning of the directors' terms.
180 (1) In selecting the individuals to be nominated under section 179 (1), the screening panel must, after considering the skills and experience profile set out in the articles of the authority, nominate individuals who the screening panel determines are qualified individuals holding the skills and experience needed to oversee the operation of the authority in an efficient and cost effective manner.
(2) When making a recommendation under section 176 (3) (a) or an order under section 181 (1) (a), a screening panel must take into consideration the remuneration that is appropriate given the services provided by the directors to the authority and the time and attention the directors are required to devote for that purpose.
181 (1) Promptly after performing its duties under section 179 (1), and, in any event, on or before September 15 of the year in which it is established, a screening panel appointed after 2007
(a) may, by order, vary a recommendation or order made by a previous screening panel respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid, and
(b) must provide to the authority all of the screening panel's records.
(2) The minister may extend the date referred to in subsection (1) if requested to do so by the screening panel.
(3) After the screening panel has performed its duties under section 179 (1) and subsection (1) (b) of this section, the appointments of the members of the screening panel are terminated and the screening panel is disestablished.
182 In making recommendations under section 176 (3) or orders under section 181 (1) (a) respecting the remuneration to which a director of the authority is entitled and the terms on which the remuneration is to be paid, the screening panel may make recommendations or orders, as the case may be, providing for different remuneration for persons participating in different capacities within the board, including, without limitation, as chair of the board, as chair of a committee of directors of the authority and as chair of any meeting of the board or a committee of directors of the authority, and in different situations relating to the board or the authority, including, without limitation, for participation on committees of directors of the authority or advisory committees.
183 (1) Subject to subsection (6), a director of the authority who, in any way, directly or indirectly, has
(a) a significant beneficial interest in an operation, whether that operation is for profit or not, or in a person, or in a share, stock, bond, debenture or other security of a person, that
(i) owns or manages the operation of one or more commercial passenger vehicles or directly or indirectly has a significant beneficial interest in a person who owns or manages the operation of one or more commercial passenger vehicles,
(ii) provides, or directly or indirectly has a significant beneficial interest in a person who provides, independent transit services, or
(iii) provides parking services in the transportation service region or directly or indirectly has a significant beneficial interest in a person who provides parking services in the transportation service region,
(b) a significant beneficial interest in a device, appliance, machine, article, patent or patented process, or a part of it, that is material to the provision of transportation services in the transportation service region, or
(c) a significant beneficial interest in
(i) a contract for the provision of transportation services, including, without limitation, independent transit services, in the transportation service region, or
(ii) any contract, other than an indemnity referred to in section 189 or a contract of insurance referred to in section 189, to which the authority or a subsidiary is a party
must disclose the nature and extent of the interest.
(2) The disclosure required of a director of the authority under subsection (1) must be made
(a) promptly after he or she becomes aware that he or she has an interest under subsection (1), and
(b) by a record
(i) the original of which is deposited in the authority's head office, and
(ii) a copy of which is provided to each of the other directors.
(3) A director of the authority who has an interest described in subsection (1) must,
(a) if the director has an interest described in subsection (1) (a) or (c) (i),
(i) immediately after becoming aware of that fact, refrain, until he or she has complied with subparagraph (ii) (A) of this paragraph, from
(A) exercising any of his or her powers or duties under this Act, including, without limitation, participating in or voting at any meeting of the directors of the authority or of a committee of the directors of the authority,
(B) communicating to any of the other directors of the authority in relation to the matter in relation to which the interest exists, and
(C) influencing in any way a decision or action to be made by the authority in relation to the matter in relation to which the interest exists, and
(ii) promptly after becoming aware of that fact,
(A) eliminate the circumstances that resulted in him or her having that interest, or
(B) resign as director of the authority, or
(b) if the director has an interest described in subsection (1) (b) or (c) (ii), immediately after becoming aware of that fact, refrain from
(i) participating in or voting at any meeting of the directors of the authority or of a committee of the directors of the authority in relation to the matter in relation to which the interest exists,
(ii) communicating to any of the other directors of the authority in relation to the matter in relation to which the interest exists, and
(iii) influencing in any way a decision or action to be made by the authority in relation to the matter in relation to which the interest exists.
(4) If a director of the authority has an interest described in subsection (1) (a) or (c) (i) and does not comply with subsection (3) (a) (ii) within 3 months after becoming aware of having that interest, the other directors of the authority must remove that director from office.
(5) The use or purchase in the transportation service region by a director of the authority, for personal or domestic purposes, of parking services or a means of conveyance is not a contravention of this section and does not disqualify the director from acting under this Act.
(6) A director of the authority who has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a) is not, merely because of that interest,
(a) required to disclose that interest under subsection (1), and
(b) subject to subsection (3) or (4),
unless those investments make up more than 30% of the total mutual fund or pension fund holdings.
(7) Without limiting any provision of this section and despite section 2 (2), section 124 (1) and (2) of the Business Corporations Act applies to the authority.
184 The directors of the authority are entitled to remuneration in accordance with the articles of the authority.
185 (1) The first board of directors appointed under this Part must, within 120 days after taking office, amend the articles of the authority to
(a) include a skills and experience profile to set out the skills and experience that must be represented on the board, and
(b) include the details set out in the recommendations of the 2007 screening panel under section 176 (3) (a) respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid.
(2) The board must not amend the articles to revise the details included in the articles under subsection (1) (b) of this section respecting remuneration unless a screening panel makes an order under section 181 (1) (a), and, in the event of a screening panel order under section 181 (1) (a), the board must amend the articles to reflect the details set out in that order.
(3) Subject to subsection (2) of this section, the board may amend the articles from time to time.
(4) At least 30 days before a replacement of or an amendment to the articles is to take effect, the board must publish the proposed replacement articles or amendment
(a) on the authority's website in such a manner that the proposed replacement articles or amendment can be accessed without charge by any member of the public wishing to access the proposed replacement articles or amendment, and
(b) in another manner that the board is satisfied will bring the proposed replacement articles or amendment to the attention of the public in the transportation service region.
(5) Promptly after the 30 day period referred to in subsection (4) has expired, the authority must
(a) deposit the published proposed replacement articles or amendment in the authority's head office, and
(b) indicate on that record the date and time of its deposit,
and the replacement articles or amendment takes effect on that deposit.
186 When appointing directors of the authority under this Part, the mayors' council on regional transportation must,
(a) in appointing the first board of directors to be appointed under this Part, endeavour to select appointees in such a manner that the directors of the authority are qualified individuals who, as a group, hold all of the skills and experience needed to oversee the operation of the authority in an efficient and cost-effective manner, and
(b) in appointing subsequent directors of the authority, endeavour to select appointees in such a manner that the directors of the authority are qualified individuals who, as a group, hold all of the skills, and all of the experience, identified in the current skills and experience profile set out in the articles of the authority.
187 A director of the authority, other than a GVTA director, is removed as, and ceases to be, a director of the authority on the passing of a resolution to that effect by all of the remaining directors of the authority.
188 (1) If a director of the authority dies, resigns or is removed, the remaining directors of the authority must, within 90 days, appoint as a replacement director a qualified individual whose appointment accords with the requirements of section 186.
(2) A replacement director appointed under this section holds office until the end of the term of office of the replaced director.
189 (1) The authority may indemnify a person who is a director or former director of the authority, and the person's heirs and personal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, actually and reasonably incurred by the person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a director of the authority, including an action brought by the authority, if
(a) the person acted honestly and in good faith with a view to the best interests of the authority, and
(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful.
(2) The authority may purchase and maintain insurance for the benefit of a person referred to in this section against any liability incurred by the person as a director of the authority.
190 (1) The board must appoint, from among its directors, a chair of the board for a term expiring on the earlier of
(a) the effective date of his or her resignation, and
(b) the end of the day on the date on which the chair's term of office as a director of the authority expires.
(2) The board must appoint a chief executive officer of the authority and, subject to section 11, must establish his or her terms and conditions of employment.
(3) The board must supervise the management of the affairs of the authority and may, unless otherwise provided in this Act, by resolution,
(a) exercise the powers and duties of the authority and the powers and duties conferred on the board under this Act,
(b) establish a plan of organization to carry out the powers and duties of the authority,
(c) delegate to a person employed by the authority or to a subsidiary the exercise of a power of the authority, other than a power described in section 5, 6 (2) (a), (b) or (c), (3), (4) or (5) (a) or (b), 17, 18, 19, 22, 24, 25, 27.1, 28, 29, 29.1, 30.1 or 46 (4) or in Part 7,
(d) delegate a duty of the authority to
(i) a person employed by the authority,
(ii) a subsidiary, or
(iii) a contractor of the authority,
(e) establish committees of directors of the authority and delegate to those committees the powers and duties of the board, except
(i) the power to appoint a chair,
(ii) the power to appoint a chief executive officer, or
(iii) the power to delegate a power of the board,
(f) establish rules of procedure for the conduct of meetings of, and rules of conduct for,
(i) the board,
(ii) the authority,
(iii) any committee of directors established by the board, and
(iv) any advisory committee appointed under section 6 (2) (e), and
(g) subject to section 15 (7) of this Act,
(i) establish subsidiaries under the Business Corporations Act, or acquire subsidiaries, to carry out the authority's purpose and responsibilities,
(ii) appoint the boards and chairs of those subsidiaries,
(iii) establish rules of conduct for the boards of those subsidiaries, and
(iv) review and approve the annual operating budgets of those subsidiaries.
(h) [Repealed 2007-41-39.]
(4) A resolution of the directors of the authority, if approved by the required number of directors by telex, telegraph, facsimile or other electronic transmission, telephone or any other similar means of communication and confirmed in writing or other graphic communication, is as valid and effectual as if it had been passed at a meeting of the directors of the authority properly called and constituted.
(5) The directors of the authority must publish the location of the authority's head office
(a) on the authority's website in such a manner that information respecting the location can be accessed without charge by any member of the public wishing to access that information, and
(b) in another manner that the directors are satisfied will bring the location of the authority's head office to the attention of the public in the transportation service region.
(6) No act or proceeding of the directors of the authority is invalid merely because the composition of the board does not accord with this Part.
191 (1) A director of the authority, when exercising the powers and performing the functions of a director of the authority must
(a) act honestly and in good faith with a view to the best interests of the authority,
(b) exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances,
(c) act in accordance with this Act and the regulations, and
(d) subject to paragraphs (a) to (c), act in accordance with the articles of the authority.
(2) This section is in addition to, and not in derogation of, any enactment or rule of law or equity relating to the duties or liabilities of directors of a corporation.
(3) No provision in a contract or the articles relieves a director of the authority from
(a) the duty to act in accordance with this Act and the regulations, or
(b) liability that by virtue of any enactment or rule of law or equity would otherwise attach to that director in respect of any negligence, default, breach of duty or breach of trust of which the director may be guilty in relation to the authority.
Part 9 — Planning Requirements
192 In this Part:
"applicable year", in relation to a base plan or a supplement, means one of the 10 fiscal years to which the base plan or supplement applies;
"established borrowing limits", in relation to a base plan, means, for each applicable year, the borrowing limits that are authorized for that year by
(a) the strategic plan that is in effect in the base plan preparation year, or
(b) if there is no strategic plan, or if the strategic plan does not expressly authorize borrowing limits, the borrowing limits most recently ratified by the Greater Vancouver Regional District board of directors under section 31 (1);
"established funding resources", in relation to a base plan, means, for each applicable year,
(a) the revenue from transaction taxes that may be generated by applying the tax rates set out for that year in the base plan in accordance with section 195,
(b) the revenue from property taxes that may be reflected for that year in the base plan in accordance with section 196,
(c) the revenue from short term fares that may be generated by applying the short term fares set out for that year in the base plan in accordance with section 197, and
(d) any other revenue the authority anticipates it will receive in that year;
"major capital project" means a capital project that is estimated to require at least $50 million towards the capital cost of the project;
"transaction tax" means any tax, other than property tax, that is or may be imposed by the authority under this Act, and includes a motor vehicle charge under section 29 (3).
193 (1) The authority must prepare a long term strategy setting out, for a period of not less than the 30 years following the year in which the long term strategy is prepared,
(a) the authority's goals and directions for the regional transportation system over the period to which the long term strategy applies,
(b) a description of key initiatives and other measures the authority anticipates will be needed in that period to achieve the goals referred to in paragraph (a), and
(c) a statement of the principles underlying the long term strategy.
(2) The authority must submit the long term strategy prepared under subsection (1) to the mayors' council on regional transportation,
(a) for the first long term strategy, on or before August 1, 2008, and
(b) after that, on or before August 1 of every 5th year after 2008.
(3) In preparing a long term strategy, the authority must consider
(a) regional land use objectives,
(b) provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives, and
(c) anticipated population growth in, and economic development of, the transportation service region.
(4) Before completing the first long term strategy under subsection (1), the authority must consult
(a) with the persons referred to in a consultation plan adopted by the board, and
(b) in a manner consistent with that plan.
(5) Before completing a long term strategy under subsection (1), other than the first long term strategy, the authority must consult with
(a) the Greater Vancouver Regional District,
(b) the public in the transportation service region,
(c) the local governments having jurisdiction over the municipalities in or adjacent to the transportation service region,
(d) agencies of the government and agencies of the government of Canada involved in providing or facilitating transportation of people or goods in the transportation service region,
(e) the minister, and
(f) any other persons the authority considers appropriate.
(6) After completing a long term strategy under this section, the authority must
(a) deposit a copy of the long term strategy in its head office for retention in accordance with section 13.3 (1) (g), and
(b) publish the long term strategy on the authority's website in such a manner that that long term strategy can be accessed without charge by any member of the public wishing to access it.
(7) A failure in relation to a long term strategy to comply with the consultation requirements under subsection (4) or (5) does not invalidate the long term strategy as long as the authority has made a reasonable attempt to consult in accordance with subsection (4) or (5), as the case may be.
194 (1) In each fiscal year after 2007, after undertaking the consultations referred to in section 15 (3.1), the authority must prepare a plan that meets the requirements of this section.
(2) Each base plan prepared by the authority must set out how the authority proposes, for each applicable year, to
(a) provide transportation services in the transportation service region,
(b) manage transportation demand in the transportation service region, and
(c) meet all the authority's financial requirements
by
(d) using only
(i) established funding resources, and
(ii) funding resources accumulated from previous years, and
(e) borrowing within established borrowing limits.
(3) For the purposes of subsection (2), a base plan must do the following for each applicable year:
(a) identify the transportation services the authority plans to provide in that year and the levels at which those services are planned to be provided;
(b) identify the major capital projects the authority plans to engage in for or in relation to which expenditures will be required in that year;
(c) estimate the money the authority will be required to pay in that year to fund
(i) the transportation services referred to in paragraph (a) of this subsection,
(ii) the major capital projects referred to in paragraph (b), and all other capital projects, and
(iii) all other anticipated expenditures;
(d) set out the total amount of revenue the authority anticipates it will receive in that year from each of the following:
(i) all transaction taxes referred to in section 195;
(ii) all property taxes referred to in section 196;
(iii) all short term fares referred to in section 197;
(iv) all other user fees referred to in section 198;
(v) all tolls referred to in section 199;
(vi) all contributions from the government or the government of Canada, or any agency of either of those governments;
(vii) all other revenue the authority anticipates it will receive in that year;
(e) estimate the borrowing the authority expects to undertake in that year within established borrowing limits.
(4) The base plan must, for each applicable year, reflect planned expenditures for that year under subsection (3) (c) that are not, in total, greater than the total of
(a) revenue and borrowing for that year referred to in subsection (3) (d) and (e), and
(b) funding resources accumulated from previous years.
195 (1) The base plan prepared in 2008 must
(a) set out for each transaction tax imposed by the authority in 2008, the tax rate that applied to that transaction tax in 2008, and
(b) for each of the applicable years,
(i) set out for each of those transaction taxes, a tax rate that is not greater than the tax rate that applied to that transaction tax in 2008, and
(ii) reflect, as the total revenue that may be raised by the authority from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that applicable year by applying the tax rate set out for that transaction tax under subparagraph (i).
(2) Each base plan prepared after 2008 must,
(a) for each of the first 9 applicable years,
(i) set out for each transaction tax that the authority proposes to assess in that applicable year, a tax rate that is not greater than the tax rate authorized for that transaction tax for that applicable year by the strategic plan that is in effect in the base plan preparation year, and
(ii) reflect, as the total revenue that may be raised by the authority in that applicable year from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that applicable year by applying the tax rate set out for that transaction tax for that applicable year under subparagraph (i), and
(b) for the 10th applicable year,
(i) set out for each transaction tax that the authority proposes to assess in that 10th applicable year, a tax rate that is not greater than the tax rate authorized for that transaction tax for the 9th applicable year by the strategic plan that is in effect in the base plan preparation year, and
(ii) reflect, as the total revenue that may be raised by the authority in that 10th applicable year from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that 10th applicable year by applying the tax rate set out for that transaction tax for that 10th applicable year under subparagraph (i).
(3) Subject to section 16 (3), the authority must not, for any applicable year, assess a transaction tax at a tax rate greater than the tax rate set out for that transaction tax for that applicable year in the base plan unless that greater tax rate is proposed for that applicable year in a supplement under section 200 and the supplement is approved by the mayors' council on regional transportation under section 204.
196 (1) The base plan prepared in 2008 must, for each applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, an amount that is not greater than the sum of
(a) 103% of the total revenue that the base plan contemplates is to be raised from standard property taxes in the year before that applicable year, and
(b) $18 million.
(2) Each base plan prepared after 2008 must,
(a) for each of the first 9 applicable years, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, the total property tax revenue contemplated for that applicable year by the strategic plan that is in effect in the base plan preparation year, and
(b) for the 10th applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that 10th applicable year, an amount that is not greater than the sum of
(i) 103% of the total revenue that the strategic plan that is in effect in the base plan preparation year contemplates is to be raised from standard property taxes in the 9th applicable year, and
(ii) $18 million.
(3) Subject to section 16 (3), the authority must not, for any applicable year, assess property taxes in such a way that the total amount of revenue raised by the authority from property taxes in that year is greater than the total revenue amount reflected for that year in the base plan unless that greater property tax revenue is proposed for that year in a supplement under section 200 and the supplement is approved by the mayors' council on regional transportation under section 204.
197 (1) The base plan prepared in 2008 must
(a) set out for each revenue transit service provided by the authority in 2008, the short term fare assessed for that revenue transit service in 2008, and
(b) for each of the applicable years,
(i) set out for each of those revenue transit services, a short term fare that is not greater than the targeted fare applicable to that revenue transit service in that applicable year, and
(ii) reflect, as the total revenue that may be raised by the authority in that applicable year from each revenue transit service, the total revenue that the authority anticipates it will raise in that applicable year by applying the short term fare set out for that revenue transit service under subparagraph (i).
(2) Each base plan prepared after 2008 must, for each applicable year,
(a) set out, as the short term fare to be assessed for each revenue transit service in that applicable year, a short term fare that is not greater than
(i) the targeted fare applicable to that revenue transit service in that applicable year, or
(ii) any greater short term fare authorized under section 29.01 or approved under section 223 for that revenue transit service, and
(b) reflect, as the total revenue that may be raised by the authority in that applicable year from each revenue transit service, the total revenue that the authority anticipates it will raise in that applicable year by applying the short term fare set out for that revenue transit service for that applicable year under paragraph (a) of this subsection.
(3) Subject to section 223 (11), the authority must not, for any applicable year, assess a short term fare for a revenue transit service in an amount that is greater than the short term fare set out for that revenue transit service for that year in the base plan, or assess a first-time short term fare for a revenue transit service, unless that short term fare is approved by the commissioner under section 223.
198 The base plan must, for each of the authority's user fees referred to in section 29 (2) that is not a short term fare, set out
(a) the amount assessed for that user fee in the base plan preparation year, and
(b) the amount that the authority proposes to assess for that user fee in the applicable year.
199 The base plan must
(a) set out
(i) the project toll charges that the authority is authorized, by a bylaw that is in force under section 29 (5) or (6), to assess in the base plan preparation year, and
(ii) the designated tolls that the authority is authorized, by a bylaw that is in force under section 29.1 (5) or (6), to assess in the base plan preparation year,
(b) for each of the applicable years, set out
(i) the project toll charges that the authority is authorized, by a bylaw that is in force under section 29 (5) or (6) in the base plan preparation year, to assess in that applicable year, and
(ii) the designated tolls that the authority is authorized, by a bylaw that is in force under section 29.1 (5) or (6) in the base plan preparation year, to assess in that applicable year, and
(c) for each of the applicable years, reflect the total revenue that may be raised by the authority from those tolls in that applicable year.
200 (1) In addition to preparing a base plan, the authority may, after undertaking the consultations referred to in section 15 (3.1), prepare one or more supplemental plans.
(2) A supplemental plan prepared in relation to a base plan
(a) may contemplate, for each applicable year,
(i) the additions, enhancements or other changes, if any, that the authority proposes be made to the services contemplated for that year by the base plan,
(ii) the additions, enhancements or other changes, if any, that the authority proposes be made to the capital projects contemplated for that year by the base plan, and
(iii) the additional initiatives, if any, that the authority proposes to undertake in addition to those contemplated by the base plan, and
(b) must indicate, for each applicable year,
(i) the increased expenditures, if any, that the authority anticipates will be required in that year
(A) to allow the authority to comply with the requirements set out in the base plan under section 194 (2) (a) to (c) for that year, and
(B) if the supplemental plan proposes any additions, enhancements, changes or additional initiatives under paragraph (a) of this subsection, to allow the authority to provide, perform or undertake those additions, enhancements, changes or additional initiatives,
(ii) how the authority proposes to obtain the funds needed to meet those increased expenditures in that year and,
(A) if it is proposed to increase, in any year, a rate of a transaction tax referred to in section 195 to an amount that is greater than that set out in the base plan for that year under that section, set out the proposed new tax rate,
(B) if it is proposed to increase the amount of standard property tax revenue that the authority may realize in any year to an amount that is greater than that set out in the base plan for that year under section 196, set out the total amount of standard property tax revenue that is proposed for that year, and
(C) if it is proposed to increase, in any year, a short term fare referred to in section 197 to an amount that is greater than that set out in the base plan for that year under that section, or to impose a first-time short term fare in that year, set out the proposed increased or new short term fare,
(iii) the total amount of revenue that the authority anticipates it will receive in that year if the funding increases proposed under subparagraph (ii) of this paragraph take effect, and
(iv) any increase in established borrowing limits that the authority anticipates will be required for or as a result of the increased expenditures referred to in paragraph (b) (i) of this subsection.
(3) The authority must ensure that the expenditures contemplated by each supplemental plan can be fully funded by
(a) the forecast revenue referred to in subsection (2) (b) (iii),
(b) borrowing within the established borrowing limits, or, if an increase is proposed in those borrowing limits under subsection (2) (b) (iv), within those new proposed borrowing limits, and
(c) the funding resources accumulated from previous fiscal years.
201 (1) The authority must prepare its base plan and any supplement in such a manner that any resulting strategic plan will
(a) identify the major actions that the authority plans to undertake during the period to which the strategic plan applies, and
(b) set out the relationship between the major actions planned by the authority and
(i) the regional growth strategy,
(ii) provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives,
(iii) anticipated population growth in, and economic development of, the transportation service region, and
(iv) the authority's current long term strategy.
(2) In preparing its base plan and any supplements, the authority must be guided by the authority's current long term strategy.
202 On or before August 1 of each year after 2007, the authority must provide the following to the commissioner and the mayors' council on regional transportation:
(a) the authority's base plan for the following 10 fiscal years;
(b) any supplements to the base plan;
(c) all bylaws and resolutions proposed or passed by the directors of the authority in relation to revenue measures and borrowing limits as they relate to the base plan and any supplement.
203 Within 30 days after receiving the material referred to in section 202, the commissioner must review the material and provide to the authority and to the mayors' council on regional transportation,
(a) a report indicating
(i) whether, in his or her opinion, the parameters and assumptions, including, without limitation, the expenditure and revenue estimates, set out in the base plan and all supplements proposed in relation to it are reasonable, and
(ii) if a supplement proposes a supplementary fare increase or the assessment of a first-time short term fare for a revenue transit service, a preliminary indication as to whether the commissioner considers the supplementary fare increase or first-time short term fare, as the case may be, to be appropriate and reasonable, and
(b) if a supplement proposes a fuel tax rate increase under section 27.1 and the commissioner makes the determination referred to in section 27.1 (3) (b) (iii), the notice referred to in section 27.1 (3) (b) (iii).
204 The mayors' council on regional transportation
(a) must review and consider the material provided to it under sections 202 and 203,
(b) may, by resolution, approve or reject any supplement, and
(c) on or before October 31 of the year in which that material is provided to it, must provide to the authority a copy of any resolution passed under paragraph (b) of this section.
205 (1) The fact that the mayors' council on regional transportation approves a supplement referred to in section 203 (a) (ii) does not remove from the authority the obligation to obtain from the commissioner, under section 223, approval of the supplementary fare increase or first-time short term fare contemplated by the supplement before implementing that increase or assessing that first-time short term fare.
(2) The preliminary indication expressed by the commissioner under section 203 (a) (ii) is not binding on the commissioner in any application under section 223, and, without limiting this, the commissioner need not, in considering an application under section 223, refer to or accord with the preliminary indication expressed under section 203 (a) (ii) in relation to the subject matter of the application.
206 (1) The strategic plan of the authority in a fiscal year is the base plan prepared in the previous fiscal year if
(a) no supplements were provided to the mayors' council on regional transportation with that base plan under section 202 (b),
(b) the mayors' council on regional transportation rejected, under section 204, all supplements provided with that base plan, or
(c) the mayors' council on regional transportation failed to provide to the authority under section 204 (c) on or before October 31 of the base plan preparation year any resolution approving a supplement provided with that base plan.
(2) If one or more supplements were provided to the mayors' council on regional transportation with a base plan under section 202 (b) and the mayors' council on regional transportation provided to the authority, on or before October 31 of the base plan preparation year, a copy of a resolution under section 204 (c) approving one or more of those supplements,
(a) the strategic plan of the authority in the fiscal year following the base plan preparation year is, subject to paragraph (b) of this subsection, the base plan as amended by the approved supplements, or
(b) if an approved supplement reflects a proposal for a supplementary fare increase or for the assessment of a first-time short term fare, the strategic plan of the authority in the fiscal year following the base plan preparation year is,
(i) until the commissioner approves an application under section 223 for the supplementary fare increase or the assessment of the first-time short term fare, the base plan as amended by the provisions of all approved supplements other than those provisions that propose, or any portion of those provisions that proposes, the supplementary fare increase or first-time short term fare, and
(ii) if the commissioner approves, in whole or in part, an application under section 223 for the supplementary fare increase or the assessment of the first-time short term fare, the strategic plan referred to in subparagraph (i) of this paragraph as amended under subsection (3).
(3) If an application is made to the commissioner under section 223 for a supplementary fare increase or for the assessment of a first-time short term fare, the strategic plan of the authority under subsection (1) or (2) (b) (i) of this section is amended to reflect the commissioner's decision, effective on the latest of
(a) the date that the report of the commissioner setting out the commissioner's decision on the application is provided to the authority under section 223 (10),
(b) the beginning of the fiscal year in relation to which the supplementary fare increase or the assessment of a first-time short term fare is to apply, and
(c) the date specified by the commissioner under section 223 (9) as the date on which the supplementary fare increase or the assessment of a first-time short term fare is to take effect.
207 The authority must ensure that all service, capital and operational plans and policies of the authority and its subsidiaries having effect after 2008 are consistent with the authority's strategic plan.
Part 10 — Mayors' Council on Regional Transportation
208 There is established a mayors' council on regional transportation consisting of each individual who is a mayor of a municipality in the transportation service region or the head of a treaty first nation whose treaty lands are in the transportation service region.
209 (1) Each member of the mayors' council on regional transportation must,
(a) when exercising his or her powers and duties under this Act, consider the interests of the transportation service region as a whole, and
(b) make the following oath or solemn affirmation within 45 days after becoming a member:
I, ............................................... [insert member's name], do swear/solemnly affirm that:
1 I will truly, faithfully and impartially, to the best of my knowledge, skills and ability, execute the office of member of the mayors' council on regional transportation.
2 I will, when exercising my powers and duties under the South Coast British Columbia Transportation Authority Act as a member of the mayors' council on regional transportation, consider the interests of the transportation service region as a whole.
Sworn/Affirmed by me, at ......................... [place], on ............... [date].
................................................................................
[Signature of person swearing/affirming oath]
................................................................................
[Signature of person administering oath]
(2) The oath or solemn affirmation under subsection (1) (b) must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia or the chief election officer, and the person making the oath or solemn affirmation must obtain the completed oath or solemn affirmation or a certificate of it from the person administering it.
(3) A member of the mayors' council on regional transportation must not exercise any power or duty of a member of that body, and is not entitled to any remuneration or expenses under this Act, until that individual produces the completed oath or solemn affirmation or the certificate of it to the corporate secretary of the authority.
210 (1) The mayors' council on regional transportation must meet as needed to perform its duties under this Act and, in any event, not less frequently than 4 times annually.
(2) The mayors' council on regional transportation and any committee of that body may exclude the public from all or any part of any of its meetings if the mayors' council on regional transportation or the committee, as the case may be, is of the opinion that
(a) the desirability of avoiding disclosure in the interests of any person or in the public interest outweighs the desirability of holding the meeting in a manner that it is open to the public, or
(b) it is not practicable to hold the meeting in a manner that it is open to the public.
(3) If a member is unable to attend a meeting of the mayors' council on regional transportation, the member may appoint, as a delegate, a member of his or her municipal council or, in the case of a treaty first nation, a member of the governing body of the treaty first nation, to attend and act on his or her behalf at that meeting, but nothing in this subsection allows the chair of the mayors' council on regional transportation to appoint a delegate to act as chair of the mayors' council on regional transportation.
(4) A delegate appointed under subsection (3) must, when exercising his or her powers and duties under that subsection, consider the interests of the transportation service region as a whole.
211 (1) The members of the mayors' council on regional transportation
(a) must appoint one of their number as chair, and
(b) may, subject to this Part, otherwise establish their own procedures.
(2) Subject to section 177 (2), 179 (3) or 217 (2), each member of the mayors' council on regional transportation has, in relation to any issue that is voted on by the mayors' council on regional transportation, the right to cast one vote for every 20 000, or portion of that number, of the population, as applicable, of
(a) the municipality of which the member is the mayor, or
(b) the treaty lands of the treaty first nation of which the member is the head,
as that population is determined in the most recently available Census of Canada.
212 (1) A record is provided to the mayors' council on regional transportation when it is addressed to the mayors' council on regional transportation and provided to any member of the mayors' council on regional transportation.
(2) A member who receives a record under subsection (1) must promptly provide a copy of it to every other member of the mayors' council on regional transportation.
213 (1) Subject to this Part, the authority is responsible for paying to the mayors' council on regional transportation the money necessary to satisfy all of the reasonable expenses associated with the operation of the mayors' council on regional transportation.
(2) Without limiting subsection (1), the authority must
(a) provide the support services required by the mayors' council on regional transportation for its meetings, including, without limitation,
(i) reasonably furnished facilities of a reasonable size at which meetings of the mayors' council on regional transportation may be held,
(ii) staff for recording the proceedings and providing such assistance to the members of the mayors' council on regional transportation as may be necessary,
(iii) materials necessary for the conduct of the meetings, and
(iv) services required for filing, keeping, maintaining and making available the records of the mayors' council on regional transportation,
(b) subject to subsection (3), reimburse members of the mayors' council on regional transportation for any payments made by them that the mayors' council on regional transportation has, by resolution, determined were necessary for
(i) the mayors' council on regional transportation to perform its duties under this Act, or
(ii) one or more of the members of the mayors' council on regional transportation to perform their duties under this Act, and
(c) provide reimbursement and remuneration to the members of the mayors' council on regional transportation in accordance with subsections (4) and (5).
(3) The maximum amount of money that may be paid by the authority for reimbursements under subsection (2) (b) in any fiscal year of the authority is 0.02% of the authority's gross revenue in the previous fiscal year.
(4) The following apply to each member of the mayors' council on regional transportation:
(a) the member, or, if a delegate is appointed under section 210 (3), the delegate, is entitled to be reimbursed by the authority for his or her actual reasonable expenses necessarily incurred in attending any meeting of
(i) the mayors' council on regional transportation, or
(ii) any committee of the mayors' council on regional transportation;
(b) for each day, to a maximum of 10 days in each fiscal year, on which the member or a delegate appointed for that member under section 210 (3) attends a meeting referred to in paragraph (a) of this subsection, the member or delegate is entitled to remuneration from the authority for that day equal to,
(i) in 2007, $500, and
(ii) after 2007, the daily amount payable under this paragraph for the previous fiscal year increased by a rate equal to the increase in the British Columbia consumer price index over that previous fiscal year.
(5) In addition to the reimbursement and remuneration payable by the authority under subsection (4), the authority must, at the end of each fiscal year, provide to each individual who had been appointed as the chair of the mayors' council on regional transportation in that fiscal year, an honorarium equal to that fraction of $5 000 that the number of days in that individual's tenure as chair in that year bears to the number of days in that year.
214 (1) The authority may indemnify a person who is a member or former member of the mayors' council on regional transportation, and the person's delegate under section 210 (3), heirs and personal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, actually and reasonably incurred by the person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a member of the mayors' council on regional transportation, or being or having been a delegate of a member of the mayors' council on regional transportation under section 210 (3), including an action brought by the authority, if
(a) the person acted honestly and in good faith, and
(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful.
(2) The authority may purchase and maintain insurance for the benefit of a person referred to in this section against any liability incurred by the person as a member of the mayors' council on regional transportation.
Part 11 — Regional Transportation Commissioner
Division 1 — Appointment of Regional Transportation Commissioner and Deputies
215 (1) The mayors' council on regional transportation must appoint a qualified individual who is not a director of the authority as the Regional Transportation Commissioner and may appoint not more than 2 qualified individuals as deputy commissioners.
(2) Deputy commissioners must, on the request of the commissioner, provide to the commissioner such assistance in the exercise of the commissioner's powers or duties as may be requested by the commissioner, including, without limitation, exercising any of the decision making powers of the commissioner, and a reference in this Act to the commissioner includes a reference to a deputy commissioner if and to the extent that he or she has been requested to assist the commissioner.
(3) The mayors' council on regional transportation may, subject to this Division, determine the remuneration and terms and conditions of appointment of the individuals appointed under subsection (1).
(4) The commissioner and the deputy commissioners must be reimbursed for actual reasonable expenses necessarily incurred in the performance of their duties under this Act.
(5) After making an appointment under subsection (1), the mayors' council on regional transportation must not change the remuneration and terms and conditions of appointment of an appointed individual without the consent of that individual.
(6) The fiscal year of the commissioner is the calendar year.
216 (1) Subject to subsections (2), (3) and (4), the following apply to an appointment under section 215 (1):
(a) the appointment is,
(i) in the case of the first commissioner, for a term beginning at the beginning of the day on January 1, 2008 and ending at the end of the day on April 30, 2013,
(ii) for all other commissioners, for a term of 6 years beginning at the beginning of the day on May 1 following the end of the previous commissioner's term of appointment, and
(iii) in the case of a deputy commissioner, for a term of 6 years beginning no earlier than the beginning of the day on January 1, 2008;
(b) an appointment of a commissioner or a deputy commissioner must not be terminated by the mayors' council on regional transportation;
(c) an individual may be appointed as a commissioner or a deputy commissioner, but not both, and must not serve in an appointed capacity for more than one term.
(2) Without limiting subsection (3), an appointment of an individual as a commissioner or deputy commissioner under this Division is terminated if the individual resigns or is
(a) found to be incapable of managing the individual's own affairs by reason of mental infirmity,
(b) removed from office by the Supreme Court on an application under section 220 (4), or
(c) found by the Supreme Court to be in material breach of the individual's duties or obligations under any provision of this Act.
(3) Subject to section 220 (4), the mayors' council on regional transportation may, if authorized to do so by a resolution passed by not fewer than 3/4 of the members of the mayors' council on regional transportation, terminate the appointment of a commissioner or deputy commissioner for cause.
(4) If an appointment of the commissioner is terminated under subsection (2) or (3), the mayors' council on regional transportation must promptly appoint a qualified individual who is not a director of the authority as a replacement commissioner, and the individual appointed as a replacement holds office until the end of the term of office of the individual he or she replaces.
(5) At least 3 months before the expiry of the term of office of an individual appointed as the commissioner under this Division, the mayors' council on regional transportation must appoint a qualified individual who is not a director of the authority to replace the individual whose term is expiring, and the individual appointed as a replacement assumes office immediately after the term of the individual being replaced expires.
217 (1) When appointing the commissioner and deputy commissioners under this Division, the mayors' council on regional transportation must consider the nature of the duties to be performed by the commissioner and endeavour to select appointees who hold the skills, knowledge and experience needed for that position.
(2) For the purpose of making or terminating appointments under this Division, each member of the mayors' council on regional transportation has one vote.
218 (1) The commissioner may retain staff, consultants and other persons necessary for the commissioner to perform the duties of the commissioner's office, and may establish their remuneration and other terms and conditions of their retainers.
(2) The Public Service Act does not apply in respect of a person retained by the commissioner under subsection (1) of this section.
219 (1) The commissioner must establish and maintain a website that is accessible without charge to the public.
(2) Unless this Act provides otherwise, if, under this Act, the commissioner is required to publish a record on the commissioner's website, the record must remain on that website for a period that is not shorter than the remainder of the fiscal year in which that record was published and the following fiscal year.
(3) Without limiting any other obligation the commissioner may have to publish a record or information on the commissioner's website, the commissioner must publish and maintain on that website a current description of the role and function of the commissioner.
220 (1) Subject to subsection (6), the commissioner and each deputy commissioner who, in any way, directly or indirectly, has
(a) a significant beneficial interest in an operation, whether that operation is for profit or not, or in a person, or in a share, stock, bond, debenture or other security of a person, that
(i) owns or manages the operation of one or more commercial passenger vehicles or directly or indirectly has a significant beneficial interest in a person who owns or manages the operation of one or more commercial passenger vehicles,
(ii) provides, or directly or indirectly has a significant beneficial interest in a person who provides, independent transit services, or
(iii) provides parking services in the transportation service region or directly or indirectly has a significant beneficial interest in a person who provides parking services in the transportation service region, or
(b) a significant beneficial interest in
(i) a contract for the provision of transportation services, including, without limitation, independent transit services, in the transportation service region, or
(ii) any contract to which the authority or a subsidiary is a party
must disclose the nature and extent of the interest.
(2) The disclosure required of a commissioner or deputy commissioner under subsection (1) must be made
(a) promptly after he or she becomes aware that he or she has an interest under subsection (1), and
(b) by a record provided to the mayors' council on regional transportation.
(3) A commissioner or deputy commissioner who has an interest described in subsection (1) must,
(a) immediately after becoming aware of that fact, refrain from exercising any of his or her powers or duties under this Act until he or she has complied with paragraph (b) (i) of this subsection, and
(b) promptly after becoming aware of that fact,
(i) eliminate the circumstances that resulted in him or her having that interest, or
(ii) resign as commissioner or deputy commissioner.
(4) If a commissioner or deputy commissioner has an interest described in subsection (1) and does not comply with subsection (3) (b) within 3 months after becoming aware of having that interest, the mayors' council on regional transportation must apply to the Supreme Court to remove that commissioner or deputy commissioner from office.
(5) The use or purchase in the transportation service region by a commissioner or deputy commissioner, for personal or domestic purposes, of parking services or a means of conveyance is not a contravention of this section and does not disqualify the commissioner or deputy commissioner from acting under this Act.
(6) A commissioner or deputy commissioner who has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a) is not, merely because of that interest,
(a) required to disclose that interest under subsection (1), and
(b) subject to subsection (3) or (4),
unless those investments make up more than 30% of the total mutual fund or pension fund holdings.
221 (1) The authority may indemnify each person appointed as a commissioner or deputy commissioner, and the person's heirs and personal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, actually and reasonably incurred by the person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a commissioner or deputy commissioner, including an action brought by the authority, if
(a) the person acted honestly and in good faith, and
(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful.
(2) The authority may purchase and maintain insurance for the benefit of a person appointed as a commissioner or deputy commissioner against any liability incurred by the person as a commissioner or deputy commissioner.
Division 2 — Regulation of Authority by Commissioner
222 In this Division:
"current strategic plan", in any fiscal year, means the strategic plan applicable to that fiscal year and the ensuing 9 fiscal years;
"pending strategic plan", in any fiscal year, means
(a) the base plan created in that year to apply to the ensuing 10 fiscal years, and
(b) all supplements approved in relation to that base plan under section 204.
223 (1) The authority may apply to the commissioner for one or both of the following:
(a) a supplementary fare increase in one or more fiscal years in relation to a revenue transit service;
(b) the assessment of a first-time short term fare for a revenue transit service.
(2) An application must not be made under subsection (1) unless the supplementary fare increase or the assessment of a first-time short term fare, as the case may be, is set out in a supplement that has been approved by the mayors' council on regional transportation under section 204.
(3) The authority must submit the following records with an application under subsection (1):
(a) the current strategic plan and pending strategic plan, and the current service, capital and operational plans;
(b) a record setting out the parameters and assumptions used in the financial projections of the authority;
(c) a record setting out the authority's expenditures and revenue in the previous fiscal year;
(d) a record setting out an estimate, for the current fiscal year, of the authority's expenditures and revenue;
(e) any other record the authority considers relevant to its application;
(f) any other record the commissioner considers relevant to the application.
(4) If the authority submits an application under subsection (1), the commissioner must
(a) promptly publish the application and any other records that the commissioner considers appropriate for publication in relation to the application
(i) on the commissioner's website, and
(ii) in a manner that the commissioner is satisfied will bring the application and other records to the attention of the public in the transportation service region, and
(b) defer deciding on the application for a period of at least 30 days after the application is published under paragraph (a) in order to allow persons who wish to comment on the application an opportunity to do so.
(5) Before reaching a decision under this section, the commissioner may but need not, in his or her sole discretion, hold a public hearing on the application, in the manner, at the date, time and location and for the period the commissioner, in his or her sole discretion, may decide.
(6) If a public hearing is held under subsection (5), the commissioner must
(a) give notice of the public hearing in a manner that the commissioner is satisfied will bring the notice to the attention of the public in the transportation service region, or
(b) order the authority to provide notice of the hearing in the manner, with the information and for the period required by the commissioner.
(7) On an application under subsection (1), the commissioner must endeavour to decide the application in such a manner as to
(a) maintain the financial sustainability of the authority,
(b) enable the authority to provide the transportation services, pursue the capital projects and meet the other requirements set out in
(i) its current strategic plan, and
(ii) its pending strategic plan,
(c) encourage the authority to minimize expenses without adversely affecting safety or reducing the authority's ability to provide the transportation services, pursue the capital projects and meet the other requirements referred to in paragraph (b) of this subsection, and
(d) keep short term fares as low as is reasonably possible in light of the requirements of paragraphs (a), (b) and (c).
(8) Despite subsection (5), the commissioner must reach a decision on an application under subsection (1) within 90 days after its receipt.
(9) After considering an application under subsection (1), the commissioner must
(a) approve the application in relation to any one or more revenue transit services and set out the date on which the supplementary fare increase or first-time short term fare is to take effect,
(b) reject the application in relation to any one or more revenue transit services, or
(c) approve a supplementary fare increase, or a first-time short term fare, in relation to any one or more revenue transit services in an amount less than that sought in the application and set out the date on which the supplementary fare increase or first-time short term fare is to take effect.
(10) Within 15 days after making a decision under subsection (9), the commissioner must
(a) prepare a report setting out the commissioner's decision and the reason for it,
(b) provide a copy of the report to the authority and the mayors' council on regional transportation, and
(c) publish a copy of the report on the commissioner's website.
(11) A bylaw increasing or assessing a short term fare does not require approval of the commissioner before coming into force, and may be made even though the increased or assessed fare is not contemplated by the strategic plan, if
(a) the board, after full examination of the capital and operating expenditures of the authority and its subsidiaries, determines at a meeting that increasing or assessing the short term fare is necessary and unavoidable in order to meet the debt obligations properly incurred by the authority under section 31, and
(b) the board has passed a resolution by a vote of at least 2/3 of its members voting at the meeting
(i) confirming that the circumstances in paragraph (a) of this subsection exist, and
(ii) declaring that, despite this section, approval of the commissioner is not required.
224 (1) On or before June 30, 2008, the authority must
(a) propose to the commissioner a process by which the authority will annually undertake a customer satisfaction survey, and
(b) obtain the commissioner's approval of that process.
(2) The process referred to in subsection (1) must set out the following:
(a) the manner in which and the times at which the survey is to be conducted by the authority in each calendar year;
(b) the questions to be included in the survey;
(c) the manner in which and frequency with which the authority will report on the results of the survey.
(3) The authority may propose amendments to the process approved under this section and may amend the process in accordance with any such amendment that is approved by the commissioner.
(4) The authority must annually undertake a customer satisfaction survey in accordance with the process approved by the commissioner under this section.
225 (1) On or before June 30, 2008, the authority must
(a) propose to the commissioner a process by which the authority will deal with customer complaints, and
(b) obtain the commissioner's approval of that process.
(2) The process referred to in subsection (1) must include a process by which the authority will report on the number, nature and disposition of the customer complaints received in the reporting period.
(3) The authority may propose amendments to the process approved under this section and may amend the process in accordance with any such amendment that is approved by the commissioner.
(4) The authority must receive and process customer complaints in accordance with the process approved by the commissioner under this section.
(5) In this section, "customer complaints" does not include complaints made in relation to the South Coast British Columbia Transportation Authority Police Service.
226 (1) The authority or a subsidiary must not sell a major facility or major asset unless the authority has first provided notice to the commissioner, in accordance with subsection (2), of that intended sale, and
(a) the commissioner has given notice to the authority that he or she will not be objecting to the sale, or
(b) at least 30 days have passed since the commissioner's receipt of the notice of intended sale and the commissioner has not notified the authority that the commissioner requires a review period under subsection (3).
(2) Notice under subsection (1) of an intended sale must include
(a) a description of the facility or asset to be sold,
(b) the terms of the proposed sale,
(c) the effect, if any, that the sale could have on the authority's ability to provide the transportation services, pursue the capital projects and meet the other requirements set out in
(i) its current strategic plan, and
(ii) its pending strategic plan,
and the means, if any, by which the authority proposes to compensate for that effect, and
(d) any other information requested by the commissioner.
(3) The commissioner may, within 30 days after receiving a notice of intended sale under subsection (1), advise the authority that he or she requires a review period within which to consider the proposed sale, and, in that event, the authority or the subsidiary, as the case may be, must refrain from taking any further action to complete the sale until the commissioner
(a) has given notice to the authority under subsection (4) (b) (ii) that he or she does not object to the sale, or
(b) is deemed to have no objection to the sale under subsection (5).
(4) If a review period is required under subsection (3), the commissioner must
(a) determine, in his or her sole discretion, whether the proposed sale will have a material adverse impact on the ability of the authority to provide the transportation services, pursue the capital projects and meet the other requirements referred to in subsection (2) (c), and
(b) within 90 days after the date on which the commissioner received the notice of intended sale referred to in subsection (1),
(i) if the commissioner determines, in his or her sole discretion, that the proposed sale will have the adverse impact referred to in paragraph (a) of this subsection, order the authority or the subsidiary, as the case may be, to refrain from completing the sale, or
(ii) if the commissioner determines, in his or her sole discretion, that the proposed sale will not have a material adverse impact, give notice to the authority that he or she does not object to the sale.
(5) If, despite subsection (4), the commissioner does not provide notice to the authority under subsection (4) (b) (i) or (ii) within the period referred to in subsection (4) (b), the commissioner is deemed to have no objection to the sale.
227 (1) The commissioner may appoint a person to conduct an inspection of the authority or any subsidiary if
(a) the authority fails to provide to the commissioner a report or other record the authority or subsidiary is required to provide under this Act, or
(b) in the commissioner's opinion, a report or other record provided by the authority to the commissioner under this Act is or may be incomplete or incorrect.
(2) An inspector
(a) may require any person who has possession or control of any of the records or things of the authority or a subsidiary to produce any of those records and things that may be relevant to the inspection,
(b) may inspect and remove any of the records and things produced under paragraph (a) that are relevant to the inspection for the purpose of making copies or extracts,
(c) may attend at the business premises of the authority or of a subsidiary during business hours for the purpose of requesting the production of, or inspecting, any records or things relevant to the inspection,
(d) must carry identification in the form approved by the commissioner, and
(e) must present the identification to the owner or occupant of the premises.
(3) On the request of an inspector, the authority or a subsidiary must make available for inspection all records, including, without limitation, all financial records, related to the provision of transportation services in the transportation service region.
(4) If an inspector removes any records or things under subsection (2) (b), the inspector must give a receipt for them to the person from whom they are taken.
(5) A person must not obstruct an inspector or withhold, destroy, conceal or refuse to produce any information, record or thing that is requested by the inspector or is otherwise relevant to any of the matters in respect of which the inspection may be conducted.
(6) An inspector who removes any records or things may make copies of, take extracts from or otherwise record them, and must return them within a reasonable time.
(7) Copies of or extracts from records or things removed under this section that are certified by the inspector as being true copies of or extracts from the originals are admissible in evidence to the same extent, and have the same evidentiary value, as the original records or things.
(8) The commissioner may establish the remuneration and other terms and conditions of appointment of any inspector appointed under this section.
Division 3 — Orders, Decisions and Appeals of Commissioner
228 (1) If the authority fails to comply with any decision of the commissioner, the commissioner may order the authority to comply with the decision promptly or within such period as the commissioner may specify.
(2) An order of the commissioner takes effect immediately or on any later date specified in the order, and must be promptly published by the commissioner on the commissioner's website and in another manner that the commissioner is satisfied will bring the order to the attention of the public in the transportation service region.
229 (1) The commissioner has exclusive jurisdiction in all cases and for all matters in which jurisdiction is conferred on the commissioner by this or any other enactment.
(2) Subject to section 230, an order, decision, determination or proceeding of the commissioner must not be questioned, reviewed or restrained by any process or proceeding in any court.
230 (1) An appeal on a question of law lies from an order, decision, determination or proceeding of the commissioner to the Court of Appeal with leave of a justice of that court.
(2) The party appealing under subsection (1) must give notice of the application for leave to appeal, stating the grounds of appeal, to the commissioner and to any party adverse in interest, at least 2 clear days before the hearing of the application.
(3) If leave is granted, the appellant must, within 15 days after the granting of leave, give notice of appeal to the commissioner and to any party adverse in interest.
(4) The commissioner may be heard by counsel on the appeal.
231 (1) An appeal to the Court of Appeal does not stay or suspend the operation of the order, decision, determination or proceeding from which the appeal is taken, but the Court of Appeal may grant a suspension, in whole or in part, until the appeal is decided, on terms the court considers advisable.
(2) The commissioner may, in the commissioner's discretion, suspend the operation of the commissioner's order, decision, determination or proceeding from which an appeal is taken until the decision of the Court of Appeal is given.
Division 4 — Records and Reports of Commissioner
232 (1) The commissioner must publish every decision, order and report of the commissioner and every application made to the commissioner
(a) on the commissioner's website, and
(b) in another manner that the commissioner is satisfied will bring the decision, order, report or application to the attention of the public in the transportation service region.
(2) The commissioner must retain, at the commissioner's office, records for the current and previous fiscal year of the commissioner that pertain to matters under his or her jurisdiction, including, without limitation, the following records:
(a) a record of every proceeding before the commissioner in the current and previous fiscal year;
(b) every decision, order and report of the commissioner in the current and previous fiscal year;
(c) every application under section 223 in the current and previous fiscal year;
(d) every record relied on by the commissioner in reaching any decision or in making any order referred to in paragraph (b) of this subsection.
(3) Any person may inspect, without charge, any of the records retained by the commissioner under subsection (2) unless and except to the extent that the commissioner believes that those records would not be disclosable in response to an access request under the Freedom of Information and Protection of Privacy Act.
233 (1) Within 120 days after the end of each fiscal year of the commissioner, the commissioner must provide to the mayors' council on regional transportation a report for the previous fiscal year and must include in the report
(a) a summary of all applications and requests for decisions to the commissioner in that year,
(b) a summary of all decisions made and all orders issued by the commissioner in that year,
(c) the financial statements applicable to the office of the commissioner for that year along with full disclosure of the expenses of, and associated with, the office of the commissioner,
(d) the commissioner's opinion as to whether or not the operations of the authority and its subsidiaries for that year were in accord with the authority's strategic plan and applicable service, capital and operational plans, and
(e) other information the commissioner considers appropriate.
(2) The commissioner must publish the report referred to in subsection (1) on the commissioner's website and in another manner that the commissioner is satisfied will bring the report to the attention of the public in the transportation service region.
234 Despite any obligation imposed on the commissioner under this Act to obtain, retain or make available information or records, but subject to section 232 (3), the commissioner, his or her staff, a deputy commissioner and an inspector must not disclose or be compelled to disclose any information or record that is obtained in, or that comes to the person's knowledge during, the course of the administration of this Act or the course of any inspection authorized under this Act, unless and only to the extent that such disclosure is consistent with the Freedom of Information and Protection of Privacy Act.
Division 5 — Funding for Commissioner
235 In this Division:
"farebox revenue" means the gross revenue earned through user fees paid for transportation services provided in the transportation service region in the most recently completed fiscal year;
"levy request" means a request for a special levy referred to in section 240 (1).
236 Subject to this Division, the authority is responsible for paying to the commissioner the money necessary to satisfy all of the reasonable expenses associated with the operation of the office of the commissioner, including, without limitation,
(a) the remuneration and expenses referred to in section 215 (3) and (4),
(b) any remuneration and expenses of persons retained under section 218, and
(c) any remuneration and expenses of inspectors.
237 (1) Within 60 days after assuming office as commissioner under Division 1 of this Part, the first commissioner must provide to the authority a budget for the last 9 months of 2008.
(2) On or before August 1 of each year, the commissioner must provide to the authority a budget for the next fiscal year of the commissioner.
(3) A budget referred to in this section must provide an estimate of the expenses referred to in section 236 that the commissioner reasonably expects to incur in the fiscal year for which the budget is prepared.
(4) If a commissioner is appointed to replace a commissioner whose term expires or is terminated, the replacement commissioner is subject to the following budgets of the previous commissioner:
(a) if the replacement commissioner assumes office before August 1 in a year, the budget for the fiscal year in which the replacement appointment takes effect;
(b) if the replacement commissioner assumes office after July 31 in a year, the budgets for the fiscal year in which the replacement appointment takes effect and for the following fiscal year.
(5) In preparing a budget for an entire fiscal year, the commissioner must ensure that the budget for that fiscal year does not exceed 1/5 of 1% of the previous year's farebox revenue.
238 For the purposes of providing under section 236 for the reasonable expenses associated with the operation of the office of the commissioner for 2008, the authority must provide to the commissioner the following amounts at the following times:
(a) promptly after January 1, 2008, 1/20 of 1% of the previous year's farebox revenue;
(b) at the beginning of each subsequent quarter of 2008, 1/3 of the expenses estimated for the last 9 months of 2008 in the budget prepared by the commissioner under section 237 (1).
239 At the beginning of each quarter of a fiscal year after 2008, the authority must pay to the commissioner the greater of
(a) one-quarter of the expenses estimated in the budget applicable to the fiscal year, and
(b) the amount, if any, payable to the commissioner on that date under section 240 or 241.
240 (1) At any time in a fiscal year, the commissioner may submit to the authority a request for a special levy to obtain money additional to that payable for that fiscal year under section 239 (a) if
(a) the money is required to satisfy expenses, and
(b) it is essential to the commissioner's ability to carry out the commissioner's duties under this Act in that fiscal year that the additional money sought by the special levy be provided to fund those expenses.
(2) The commissioner must not submit a levy request under subsection (1) more than once in any fiscal year.
(3) Subject to subsection (4) and to section 241, if a levy request is made under subsection (1) of this section in a fiscal year, the authority must, at the beginning of each quarter of that fiscal year following the request, pay to the commissioner, in addition to the amount payable under section 239 (a), that fraction of the amount requested by the commissioner in the levy request that is equal to one divided by the number of remaining whole quarters in the fiscal year.
(4) Subject to section 241, if, in a fiscal year, a levy request is made under subsection (1) of this section at a time when it is impracticable to include the amount requested in any quarterly payment to be paid in that fiscal year in accordance with subsection (3), the authority must, promptly after the levy request, pay to the commissioner the amount requested by the commissioner in the levy request.
241 (1) If the authority considers that the expenses included by the commissioner in a budget or levy request for a fiscal year exceed the amount that is reasonably required to cover the expenses referred to in section 236 for that fiscal year, the authority may require that the matter be referred to arbitration by delivering to the commissioner, within one month after receipt of the budget or levy request, as the case may be, a notice requiring that arbitration.
(2) If the authority does not provide a notice under subsection (1) within one month after receipt of a budget or levy request, as the case may be,
(a) the budget or levy request and the estimated expenses are deemed to have been agreed on by the authority and the commissioner, and
(b) the authority must make the payments required under section 239 or 240, as the case may be, in relation to that budget or levy request.
(3) If a notice requiring arbitration is provided by the authority under subsection (1) within one month after receipt of a budget or levy request, the International Commercial Arbitration Act applies to the dispute and, for that purpose,
(a) the authority and the commissioner are deemed to have agreed to arbitrate the dispute referred to in paragraph (b) of this subsection as if the commissioner were the claimant and the authority were the respondent, and are deemed for that purpose to have entered into an arbitration agreement within the meaning of section 7 of the International Commercial Arbitration Act,
(b) the dispute that is deemed to be submitted to arbitration is whether the expenses sought by the budget or the expenses sought by the levy request, as the case may be, exceed the amount that is reasonably required to cover the expenses referred to in section 236 for that fiscal year,
(c) any fees, costs, deposits and expenses payable in relation to the arbitration are to be borne by the authority, and no costs or interest are to be awarded to either party, and
(d) the arbitration must be an arbitration with a sole arbitrator, and if the parties fail to agree on the arbitrator within 15 days after receipt by the commissioner of the notice requiring arbitration under subsection (1) of this section, or, in the case of an appointment required under section 15 of the International Commercial Arbitration Act, within 15 days after the termination of the mandate of the arbitrator to be replaced, the appointment must be made by the minister.
(4) Even though a dispute as to the reasonableness of the commissioner's expenses sought by the budget, or the expenses sought by the levy request, as the case may be, has been referred to arbitration under subsection (1), the authority must, subject to subsection (5), make the payments required under section 239 or 240, as the case may be.
(5) If, as a result of an arbitration under subsection (1), the arbitrator determines that the expenses sought by the budget, or the expenses sought by the levy request, as the case may be, are greater than or are less than the amount that is reasonably required to cover the expenses referred to in section 236 for the applicable fiscal year, the authority must, at the beginning of each of the remaining quarters of the fiscal year, pay the amount determined by the following formula:
| arbitrated expenses - amounts paid |
| remaining quarters |
where
"arbitrated expenses" is the amount that is determined by the arbitration to be reasonably required to cover the expenses referred to in section 236 for that fiscal year,
"amounts paid" is the total of the amounts paid by the authority under sections 239 and 240 in the fiscal year in respect of which the expenses are sought, and
"remaining quarters" is the number of whole quarters in the fiscal year for which no payments have been made under sections 239 and 240.
242 (1) This Act, except sections 29 (3), 38, 43, 47 to 50, 92, 120 and 121, comes into force by regulation of the Lieutenant Governor in Council.
(2) Section 29 (3) comes into force on October 1, 2001.
(3) Sections 38, 43, 47 to 50, 92, 120 and 121 come into force on March 31, 1999 or on an earlier date set by regulation of the Lieutenant Governor in Council.
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