Local Government Act

[STATUTE REVISION]

[RSBC 2015] CHAPTER 1

Deposited with Clerk of the Legislative
Assembly on December 16, 2015

Contents
Part 1 — Purposes and Interpretation
 1 Purposes of this Act
 2 Definitions and other interpretation rules
Part 2 — Incorporation of Municipalities and Regional Districts
 Division 1 — Municipal Incorporation Process
 3 Incorporation of new municipality
 4 Vote required for incorporation of new municipality
 5 Procedure and costs for vote on incorporation
 6 Incorporation of island municipality in Islands Trust area
 7 Incorporation of municipality in conjunction with resource development
 8 Incorporation of mountain resort municipality
 9 Incorporation of reserve residents as village
 Division 2 — Classification of Municipalities
 10 Classification of municipalities
 11 Change of municipal classification
 Division 3 — Municipal Boundary Changes
 12 Extension of municipal area
 13 Reduction of municipal area
 14 Reduction of municipal area in relation to final agreement respecting treaty lands
 15 Redefinition of adjoining municipalities
 16 Other redefinition of boundaries
 Division 4 — Specific Powers in Relation to Municipal Letters Patent
 17 What must be included in letters patent incorporating a municipality
 18 First election for municipality
 19 First council and neighbourhood constituencies
 20 First regular council meeting
 21 Letters patent incorporating a municipality: other general powers
 22 Additional powers where former municipality dissolved when new municipality incorporated
 23 Letters patent for island municipality: additional powers
 24 Letters patent for resource development municipality: additional powers
 25 Letters patent for mountain resort municipality: additional powers
 26 Letters patent for reserve village: additional powers
 27 Authority for variation of proposed boundaries
 28 Appointment of additional councillors if boundary extended
 29 Establishment of property tax rate limits
 30 Municipal revenue sharing
 31 Establishment of local area service
 32 Advisory body for municipality
 33 Letters patent for municipality: additional powers
 Division 5 — Municipal Incorporation or Boundary Changes: Related Matters
 34 Bylaws that apply to new municipality or extend to additional area
 35 Interim corporate officer
 36 Collection of taxes in relation to municipal boundary changes
 37 Transfer of Provincial property tax money if rural land included in municipality
 38 Dissolution of municipality
 39 Rights and liabilities not affected by reissue of letters patent
 40 Existing licences preserved
 Division 6 — Regional District Incorporation and Related Matters
 41 Incorporation of new regional district
 42 Extension of regional district boundaries
 43 Regional district amalgamation, division and reorganization
 44 Creation or restructure of municipality in regional district
 45 Dissolution of community planning area or improvement district in regional district
 46 Regional district letters patent and orders: additional powers
Part 3 — Electors and Elections
 Division 1 — General
 47 Definitions in relation to this Part
 48 Time not extended for voting days
 49 This Act prevails in relation to use of information
 50 Public notice by newspaper publication
 51 Solemn declarations
 Division 2 — Arrangements for Elections
 52 General local elections every 4 years
 53 Municipal elections at large unless neighbourhood constituency established
 54 By-elections
 55 Minister may arrange for election to be conducted
 56 Election bylaws
 57 Costs of elections
 Division 3 — Election Officials Appointment and Authority
 58 Appointment of election officials
 59 Chief election officer duties and powers
 60 Presiding election official duties and powers
 61 Keeping order at election proceedings
 62 Adjournment of election proceedings
 63 Exceptional assistance in election proceedings
 Division 4 — Electors and Registration of Electors
 64 Who may vote at an election
 65 Resident electors
 66 Non-resident property electors
 67 Rules for determining residence
 68 When a person may register as an elector
 69 Voting day registration only
 70 Application for registration
 71 How to register in advance
 72 How to register as a resident elector at the time of voting
 73 How to register as a non-resident property elector at the time of voting
 74 Effect of registration
 75 Register of electors
 76 Provincial list of voters as register of resident electors
 77 List of registered electors
 78 Protection of privacy
 79 Objection to elector registration
 80 Resolving objections to registration
 Division 5 — Qualifications for Office
 81 Who may hold office on a local government
 82 Disqualification of local government employees
 83 Only one elected office at a time in the same local government
 Division 6 — Nomination of Candidates
 84 Nomination period
 85 Notice of nomination
 86 Nomination of candidates
 87 Nomination documents
 88 Nomination deposits
 89 Nomination by delivery of nomination documents
 90 Other information to be provided by candidate
 91 Challenge of nomination
 Division 7 — Candidate Endorsement by Elector Organization
 92 Candidate endorsement by elector organization may be included on ballot
 93 Endorsement documents
 94 Other information to be provided by elector organization
 95 Withdrawal of endorsement on ballot
 96 Challenge of elector organization endorsement
 Division 8 — Declaration of Candidates
 97 Declaration of candidates
 98 Declaration of election by voting or acclamation
 99 Notice of election by voting
 100 Appointment if insufficient number of candidates are elected
 Division 9 — Candidates and Representatives
 101 Withdrawal, death or incapacity of candidate
 102 Appointment of candidate representatives
 103 Presence of candidate representatives at election proceedings
 Division 10 — Voting Opportunities
 104 Voting opportunities for electors
 105 Required general voting opportunities
 106 Additional general voting opportunities
 107 Required advance voting opportunities
 108 Additional advance voting opportunities
 109 Special voting opportunities
 110 Mail ballot voting
 Division 11 — Arrangements for Voting
 111 Voting places
 112 Use of voting machines
 113 Municipal voting divisions
 114 Form of ballots
 115 What must and must not be included on a ballot
 116 Order of names on ballot
 117 Order of names on ballot determined by lot
 118 Ballot boxes
 Division 12 — Conduct of Voting Proceedings
 119 Persons who must be present at voting places
 120 Persons who may be present at voting places
 121 Sealing of ballot boxes containing ballots
 122 Time for voting extended
 Division 13 — Voting
 123 Voting to be by secret ballot
 124 Each elector may vote only once
 125 Requirements before elector may be given a ballot
 126 Challenge of elector
 127 If another person has already voted under an elector's name
 128 Replacement of spoiled ballot
 129 How to vote by ballot
 130 One person to a voting compartment
 131 Persons needing assistance to mark their ballots
 132 Persons unable to enter a voting place
 Division 14 — Counting of the Votes
 133 When and where counting is to be done
 134 Who may be present at counting
 135 Who does the counting
 136 Opening of ballot boxes
 137 Combination of ballots for counting
 138 Procedures for counting
 139 Rules for accepting votes and rejecting ballots
 140 Objections to the acceptance of a vote or the rejection of a ballot
 141 Ballot account
 142 Packaging of ballots
 143 Delivery of election materials to chief election officer
 144 Preliminary election results
 145 Determination of official election results
 146 Declaration of official election results
 147 When elected candidates may take office
 Division 15 — Judicial Recount
 148 Application for judicial recount
 149 Judicial recount procedure
 150 Results of judicial recount and orders as to costs
 151 Determination of results by lot if tie vote after judicial recount
 152 Runoff election if tie vote after judicial recount
 Division 16 — Declaration of Invalid Election
 153 Application to court respecting validity of election
 154 Hearing of application
 155 Power of court on application
 156 Legal costs of application
 157 Status of elected candidate
 Division 17 — Final Proceedings
 158 Report of election results
 159 Publication of election results
 160 Retention and destruction of election materials
 Division 18 — Election Offences
 161 Vote buying
 162 Intimidation
 163 Other election offences
 164 Prosecution of organizations and their directors and agents
 165 Time limit for starting prosecution
 166 Penalties
 Division 19 — Orders and Regulations
 167 Ministerial orders in special circumstances
 168 Election regulations
Part 4 — Assent Voting
 Division 1 — General
 169 Definitions in relation to this Part
 170 Assent voting to be conducted in same manner as election
 171 How assent of the electors is obtained
 Division 2 — Proceedings for Assent Voting
 172 Who may vote at assent voting
 173 Person may vote only once
 174 General voting day for assent voting
 175 Arrangements for assent voting
 176 Notice of assent voting
 177 Ballots for assent voting
 178 When counting for assent voting is to be done
 179 Special procedures if voting is conducted by more than one local government
 180 Other general matters
 Division 3 — Scrutineers for Assent Voting
 181 Scrutineers for the question and scrutineers against the question
 182 Notice of applications to volunteer as scrutineer
 183 Applications to volunteer to act as scrutineer for assent voting
 184 Appointment of scrutineers for assent voting
Part 5 — Regional Districts: Purposes, Principles and Interpretation
 185 Purposes of regional districts
 186 Principles for regional district-provincial relations
 187 Broad interpretation
 188 Application of municipal provisions to regional districts
 189 References to regional district officers
 190 Continuation of regional districts
 191 Continuation of regional parks and trails
 192 Continuation of regulatory authority restrictions in relation to previous bylaws
Part 6 — Regional Districts: Governance and Procedures
 Division 1 — Regional Districts and Their Boards
 193 Regional district corporations
 194 Board as governing body
 195 Area of jurisdiction
 Division 2 — Board Members
 196 Composition and voting rights
 197 Municipal directors: number of directors and assignment of votes
 198 Appointment and term of office for municipal directors
 199 Election and term of office for electoral area directors
 200 Alternate directors: municipalities
 201 Alternate directors: electoral areas
 202 Oath or affirmation of office for board members
 203 Resignation from office
 204 Director disqualification for failure to attend meetings
 205 Regional district directors: application of Community Charter
 Division 3 — Voting and Voting Rights
 206 Voting to be in accordance with this Division unless other rules apply
 207 General rules: voting on resolutions and bylaws
 208 General rule: each director has one vote
 209 Special rule: weighted voting on the administration and operation of services
 210 Special rule: weighted voting on financial matters
 211 Special rule: weighted voting for Metro Vancouver
 212 Special rules in relation to Part 13 [Regional Growth Strategies]
 213 Special rules in relation to Part 14 [Planning and Land Use Management]
 214 Other special voting rules
 Division 4 — Board Chair and Committees
 215 Chair and vice chair of board
 216 Responsibilities of chair
 217 Chair may require board reconsideration of a matter
 218 Appointment of select and standing committees
 Division 5 — Board Proceedings
 219 Regular and special board meetings
 220 Calling of special board meetings
 221 Electronic meetings and participation by members
 222 Regulations establishing special rules for dealing with urgent issues
 223 Minutes of board meetings and committee meetings
 224 Meetings and hearings outside regional district
 225 Procedure bylaws
 226 Board proceedings: application of Community Charter
 Division 6 — Bylaw Procedures
 227 Bylaw procedures: application of Community Charter
 228 Bylaw adoption at same meeting as third reading
 Division 7 — Delegation of Board Authority
 229 Delegation of board authority
 230 Bylaw required for delegation
 231 Delegation of hearings
 232 Reconsideration of delegate's decisions
 Division 8 — Officers and Employees
 233 Officers and employees for regional district
 234 Officer positions
 235 Chief administrative officer
 236 Corporate administration
 237 Financial administration
 238 Oath of office for officers
 239 Chair to direct and inspect officers and employees
 240 Suspension of officers and employees
 241 Termination of officer
 242 Prohibition against interfering with regional district officials
 Division 9 — Local Community Commissions
 243 Establishment of local community commissions
 244 Requirement for assent of electors and inspector approval
 245 Commission membership
 Division 10 — Other Matters
 246 Giving notice to regional districts
 247 Notice by regional district: obligation satisfied if reasonable effort made
 248 Regional district records: application of Community Charter
 249 Regulations to provide exemptions from Provincial approval requirements
Part 7 — Regional Districts: Treaty First Nation Membership and Services
 250 Treaty first nation membership in regional district
 251 Interpretation rules for applying this Act and the Community Charter in relation to treaty first nation membership
 252 Regional district letters patent and treaty lands
 253 Treaty first nation directors
 254 Term of office of treaty first nation director
 255 Alternate treaty first nation director
 256 Treaty first nation electors for regional district services
 257 Tax base, requisition and collection of funds for treaty lands
 258 Tax base, requisition and collection of funds for treaty lands of taxing treaty first nations
 259 Treaty first nations and regional district financing
 260 Services to treaty first nation members
 261 Services to treaty lands outside regional district
 262 Non-member treaty first nation participation in regional district elections
Part 8 — Regional Districts: General Powers and Responsibilities
 Division 1 — General Powers
 263 Corporate powers
 264 Minister approval required for certain out-of-Province or out-of-country agreements
 265 Inspector approval required for incorporation or acquisition of corporations
 Division 2 — Public Access to Records
 266 Public access to regional district records
 267 Disclosure of information relating to agreements that require elector approval or assent
 268 Other public access requirements: application of Community Charter
 Division 3 — Approval of the Electors
 269 Processes for obtaining approval of the electors
 270 Approval of the electors: application of Community Charter
 Division 4 — Providing Assistance
 271 Definition of "assistance"
 272 Publication of intention to provide certain kinds of assistance
 273 General prohibition against assistance to business
 274 Exception for assistance under partnering agreements
 275 Exception for assistance in relation to utilities or mountain resorts
 276 Exception for heritage conservation purposes
 277 Limitation on assistance by means of tax exemption
 Division 5 — General Property Powers
 278 Reservation and dedication of land for public purpose: application of Community Charter
 279 Control of Crown land parks dedicated by subdivision
 280 Disposition of regional parks and trails
 281 Exchange of park land: application of Community Charter
 282 Power to accept property on trust
 283 Plans respecting use of local government right of way
 284 Authority to enter on or into property: application of Community Charter
 Division 6 — Disposing of Land and Improvements
 285 Disposition of land and improvements
 286 Notice of proposed disposition
 287 Use of money from sale of land or improvements
 288 Disposal of water systems, sewer systems and utilities
 Division 7 — Expropriation and Compensation
 289 Expropriation power
 290 Authority in relation to services
 291 Entry on land to mitigate damage
 292 Compensation for expropriation and other actions
 Division 8 — Other Powers
 293 Board may seek regional district opinion
 294 Incidental powers
 295 Emergency powers
 296 Additional powers and exceptions provided by regulation
Part 9 — Regional Districts: Specific Service Powers
 Division 1 — Building Regulation
 297 Authority requires regional district service
 298 Building regulation bylaws
 299 Regional district may adopt national codes
 300 Requirement for security
 301 Regulating doors and emergency exits in public buildings
 302 Building regulation: application of Community Charter
 Division 2 — Fire, Health and Hazard Protection
 303 Special fire protection powers
 304 Health protection authority
 305 Remedial authority in relation to hazardous conditions
 Division 3 — Drainage, Sewerage and Related Matters
 306 Special drainage and sewerage authority
 307 Watercourse may be included in drainage system
 308 Works for controlling drainage
 309 Remedial authority in relation to drainage and dikes
 310 Highway construction and dikes
 311 Watercourse agreements between neighbouring jurisdictions
 312 Requirements respecting drainage works
 313 Appropriation of stream channel or bed
 314 Authority subject to Water Act
 Division 4 — Waste Management
 315 Management of solid waste and recyclable material
 316 Authority in relation to waste disposal and recycling
 Division 5 — Regulation of Animals
 317 Authority requires animal control service
 318 General animal control powers
 319 Dog licensing requirements
 320 Animal pounds
 321 Dangerous dogs
 322 Peace officer authority in relation to dangerous dogs
 Division 6 — Noise, Nuisances and Disturbances
 323 Authority requires regional district service
 324 Noise control
 325 Nuisances and disturbances
 326 Fireworks restrictions
 Division 7 — Other Specific Service Powers
 327 Removal and deposit of sand, gravel and other soil
 328 Fire and security alarm systems
 329 House numbering
 330 Regulation of signs and advertising
 331 Regional district irrigation services
Part 10 — Regional Districts: Service Structure and Establishing Bylaws
 Division 1 — General Service Powers
 332 General authority for services
 333 Consent required for services outside regional district
 334 Services to public authorities
 335 Authorities in relation to services other than regulatory services
 Division 2 — Referendums and Petitions for Services
 336 Referendums regarding services
 337 Petitions for electoral area services
 Division 3 — Establishing Bylaws for Services
 338 Establishing bylaws required for most services
 339 Required content for establishing bylaws
 340 Special options for establishing bylaws
 341 Special rules in relation to continuation of older services
 Division 4 — Approval of Establishing Bylaws
 342 Approval of establishing bylaws
 343 Responsibility for obtaining approval
 344 Approval by assent of the electors
 345 Approval by alternative approval process
 346 Consent on behalf of municipal participating area
 347 Consent on behalf of electoral participating area
 348 Other procedural rules
 Division 5 — Changes to Establishing Bylaws
 349 Amendment or repeal of establishing bylaws
 350 Changes to participating and service areas
 351 Amending bylaws that are needed for authority to borrow
 352 Special provisions respecting service withdrawal
 Division 6 — Dispute Resolution in Relation to Services
 353 Definitions in relation to this Division
 354 Minister may appoint facilitators
 355 Parties to a service review or service withdrawal
 356 Costs of service review or service withdrawal
 357 Initiating a service review
 358 Other issues and services may be dealt with in one service review
 359 Preliminary meeting
 360 Negotiations to resolve issues
 361 Initiating service withdrawal
 362 Minister's direction on process
 363 Addition of further initiating participants or further services
 364 Early termination of process
 365 Mediation in relation to service withdrawal
 366 Arbitration in relation to service withdrawal
 367 Initiating participant must respond to final resolution
 368 Direction to further arbitration in certain cases
 369 When final resolution becomes binding
 370 Implementation of final resolution by bylaw
 371 Failure to adopt required bylaws
 372 Regulations respecting arbitrations
Part 11 — Regional Districts: Financial Management
 Division 1 — Financial Planning and Accountability
 373 Fiscal year and accounting for services
 374 Annual financial plan
 375 Public process for development of financial plan
 376 Annual reporting on regional district finances
 377 Financial management: application of Community Charter
 Division 2 — Cost Recovery for Services
 378 Options for cost recovery
 379 Costs of services
 380 Apportionment of costs
 381 Cost sharing for services under Part 14 [Planning and Land Use Management]
 382 Property under creditor protection may be excluded from apportionment
 383 Valuation information and apportionment adjustments
 384 Tax base for property value taxes
 Division 3 — Requisition and Tax Collection
 385 Requisition of funds from municipalities
 386 Collection in municipalities
 387 Requisition of funds for electoral areas
 388 Collection in electoral areas
 389 Grants in place of taxes to be paid over to regional district
 Division 4 — Tax Rates and Exemptions
 390 Variable tax rate system
 391 Property tax exemptions
 392 Exemptions for heritage properties
 393 Repayment requirement in relation to heritage exemptions
 394 Exemptions for riparian property
 395 Repayment requirement in relation to riparian exemptions
 396 Tax exemptions under partnering agreement
 Division 5 — Fees, Charges and Interest
 397 Imposition of fees and charges
 398 Interest calculation
 399 Special fees and charges that are to be collected as taxes
 400 Special fees and charges that are liens against property
 Division 6 — Expenditures and Liabilities
 401 Limit on expenditures
 402 Limit on borrowing and other liabilities
 403 Borrowing and liability: application of Community Charter
 404 Revenue anticipation borrowing
 405 Short-term capital borrowing in relation to general administration
 406 Regional district loan authorization bylaws
 407 Participating area approval required for some loan authorization bylaws
 408 Electoral participating area petition for borrowing
 409 Temporary borrowing under loan authorization bylaw
 410 Financing municipal undertakings
 411 Security issuing bylaws
 412 General liability provisions
Part 12 — Regional Districts: Bylaw Enforcement and Challenge of Bylaws
 Division 1 — Bylaw Enforcement and Related Matters
 413 Bylaw enforcement: fines and other penalties
 414 Ticketing for bylaw offences: application of Community Charter
 415 Bylaw notices: application of Local Government Bylaw Notice Enforcement Act
 416 Bylaw contraventions — offences and prosecutions
 417 Additional sentencing powers in relation to Offence Act prosecutions
 418 Authority to fulfill requirements at defaulter's expense
 419 Inspections to determine whether bylaws are being followed
 420 Enforcement by civil proceedings: application of Community Charter
 421 Recovery of utility rates by legal remedy of distress
 422 Scale of costs in relation to legal remedy of distress
 423 Enforcement of bylaws in relation to discharge of firearms
 424 Entry warrants: application of Community Charter
 Division 2 — Challenge of Bylaws and Other Regional District Instruments
 425 Challenge of bylaws and other regional district instruments
Part 13 — Regional Growth Strategies
 Division 1 — Interpretation
 426 Definitions in relation to this Part
 427 Part also applies to amendment and repeal of regional growth strategy
 Division 2 — Application and Content of Regional Growth Strategy
 428 Purpose of regional growth strategy
 429 Content of regional growth strategy
 430 Area to which regional growth strategy applies
 431 Regulation requiring regional growth strategy
 Division 3 — Preparation and Adoption Procedures
 432 Requirements for adoption
 433 Initiation of regional growth strategy process
 434 Consultation during development of regional growth strategy
 435 Facilitation of agreement during development of regional growth strategy
 436 Acceptance by affected local governments
 437 Minor amendments to regional growth strategies
 438 Resolution of anticipated objections
 439 Resolution of refusal to accept
 440 Settlement of regional growth strategy if acceptance not otherwise reached
 441 Options for settlement process
 442 General provisions regarding settlement process
 443 Adoption of regional growth strategy
 444 Requirement to adopt finalized regional growth strategy
 Division 4 — Effect of Regional Growth Strategy
 445 Regional district must conform with regional growth strategy
 Division 5 — Regional Context Statements
 446 Requirement for regional context statements in municipal official community plans
 447 Content of regional context statement
 448 Board acceptance of proposed regional context statement
 449 Settlement of proposed regional context statement
 Division 6 — General
 450 Intergovernmental advisory committees
 451 Implementation agreements
 452 Regular reports and review of regional growth strategy
 453 Provincial policy guidelines
 454 Minister may require official community plans and land use bylaws
Part 14 — Planning and Land Use Management
 Division 1 — General
 455 Definitions in relation to this Part
 456 Area of authority for municipalities and regional districts
 457 Rural land use bylaws
 458 Limit on compensation
 Division 2 — Responsibilities, Procedures and Authorities
 459 Information that must be available to the public
 460 Development approval procedures
 461 Advisory planning commission
 462 Fees related to applications and inspections
 463 Withholding building permits and business licences that conflict with bylaws in preparation
 Division 3 — Public Hearings on Planning and Land Use Bylaws
 464 Requirement for public hearing before adopting bylaw
 465 Public hearing procedures
 466 Notice of public hearing
 467 Notice if public hearing waived
 468 Posted notices respecting proposed bylaws
 469 Delegation of public hearings
 470 Procedure after public hearing
 Division 4 — Official Community Plans
 471 Purposes of official community plan
 472 Bylaw to adopt official community plan
 473 Content and process requirements
 474 Policy statements that may be included
 475 Consultation during development of official community plan
 476 Consultation on planning for school facilities
 477 Adoption procedures for official community plan
 478 Effect of official community plan
 Division 5 — Zoning Bylaws
 479 Zoning bylaws
 480 Adoption of municipal zoning bylaw
 481 Restrictions on zoning authority in relation to farming
 482 Density benefits for amenities, affordable housing and special needs housing
 483 Housing agreements for affordable housing and special needs housing
 Division 6 — Development Approval Information Requirements
 484 Development approval information
 485 Development approval information areas or circumstances
 486 Bylaw authority in relation to development approval information
 487 Requirement to provide development approval information
 Division 7 — Development Permits
 488 Designation of development permit areas
 489 Activities that require a development permit
 490 Development permits: general authority
 491 Development permits: specific authorities
 Division 8 — Temporary Use Permits
 492 Designation of temporary use permit areas
 493 Temporary use permits for designated areas and other areas
 494 Public notice and hearing requirements
 495 Permit conditions: undertakings respecting land
 496 Permit conditions: additional security requirements
 497 Term of permit and renewal of permit
 Division 9 — Development Variance Permits
 498 Development variance permits
 499 Notice to affected property owners and tenants
 Division 10 — Other Permits and Permit Matters
 500 Tree cutting permits in relation to areas affected by flooding or other hazards
 501 General land use permit matters
 502 Requirement for security as condition of land use permit
 503 Notice of permit on land title
 504 Permit lapses if relevant construction not substantially started
 505 Transportation Act: permits in relation to development near controlled access highway
 Division 11 — Subdivision and Development: Requirements and Related Matters
 506 Subdivision servicing requirements
 507 Requirements for excess or extended services
 508 Latecomer charges and cost recovery for excess or extended services
 509 Completion of required works and services
 510 Requirement for provision of park land or payment for parks purposes
 511 Bylaws adopted after application for subdivision submitted
 512 Minimum parcel frontage on highway
 513 Requirement to provide land for new highway or widening existing highway
 514 Subdivision to provide residence for a relative
 Division 12 — Phased Development Agreements
 515 Definitions in relation to this Division
 516 Phased development agreements
 517 Term and assignment of phased development agreement
 518 Process for phased development agreement bylaw
 519 Amendments to phased development agreement
 520 Subdivision approval for land subject to phased development agreement
 521 Notice of phased development agreement on land title
 522 Phased development agreement and other information that must be available for public inspection
 Division 13 — Other Land Use Regulation Powers
 523 Runoff control requirements
 524 Requirements in relation to flood plain areas
 525 Off-street parking and loading space requirements
 526 Regulation of signs
 527 Screening and landscaping to mask or separate uses
 Division 14 — Non-conforming Use and Other Continuations
 528 Non-conforming uses: authority to continue use
 529 Non-conforming structures: restrictions on maintenance, extension and alteration
 530 Restrictions on increasing non-conforming use of land
 531 Restrictions on alteration or addition to building or other structure
 532 Restrictions on repair or reconstruction of non-conforming structures
 533 Non-conforming uses in relation to terminated land use contracts
 534 Change in ownership, tenants or occupants in relation to use
 535 Non-conforming use and subdivision in relation to expropriation of land
 Division 15 — Board of Variance
 536 Requirement for board of variance
 537 Board of variance for municipality or regional district
 538 Joint board of variance
 539 Chair and procedures for board of variance
 540 Application for variance or exemption to relieve hardship
 541 Notice of application for variance
 542 Board powers on application
 543 Exemption to relieve hardship from early termination of land use contract
 544 Extent of damage to non-conforming use property
 Division 16 — Discharge and Termination of Land Use Contracts
 545 Application to land use contracts under previous legislation
 546 Amendment and discharge of land use contract
 547 Termination of all land use contracts in 2024
 548 Process for early termination of land use contract
 549 Notice of termination
 550 Discharge of terminated land use contract
 Division 17 — Regulation of Farm Businesses in Farming Areas
 551 Agriculture minister may set standards for farm bylaws
 552 Farming area bylaws
 553 Authority and restrictions apply as declared by regulation
 554 Three year review of zoning bylaws affecting farming areas
 555 Intensive agriculture
 Division 18 — Contaminated Sites
 556 Local government assessment of site profiles
 557 Environmental Management Act requirements
 Division 19 — Development Costs Recovery
 558 Definitions in relation to this Division
 559 Development cost charges: imposition and collection
 560 Inspector approval required for development cost charge bylaw
 561 Circumstances in which development cost charges are not payable
 562 General prohibition against waiving or reducing charges
 563 Development for which charges may be waived or reduced
 564 Amount of development cost charges to be specified in bylaw
 565 Deductions from development cost charges
 566 Use of development cost charges
 567 Provision of park land in place of all or part of charge
 568 Effect of bylaws adopted after application for rezoning, development permit or building permit submitted
 569 Annual development cost charges report
 570 Municipal development works agreements with private developers
 Division 20 — School Site Acquisition Charges
 571 Definitions in relation to this Division
 572 School site acquisition charge payable
 573 Circumstances in which charge is not payable or is waived or reduced
 574 Determination of eligible school site requirements
 575 Setting school site acquisition charges
 576 Application of charge or increase to in-process development
 577 Provision of land in place of all or part of charge
 578 No subdivision approval or building permit unless charge paid
 579 Credit for previous contributions
 580 Transfer of money and land to board of education
 581 Regulations for this Division
 Division 21 — Provincial Authority
 582 Provincial policy guidelines
 583 Designation of resort regions
 584 Ministerial override orders in the public interest
 585 Ministerial regulations requiring bylaw approval
Part 15 — Heritage Conservation
 Division 1 — General
 586 Definitions in relation to this Part
 587 Regional district authority requires service
 588 Limits on use of this Part
 589 Limit on compensation
 590 Bylaw and permit procedures
 591 Ombudsperson review of local government decisions
 Division 2 — Notices under this Part
 592 Giving notice to owners and occupiers
 593 Posting notice on protected heritage property
 594 Notice on land titles
 595 Notice to heritage minister
 596 Regulations regarding notices
 Division 3 — Heritage Review
 597 Community heritage commissions
 598 Community heritage register
 599 Heritage recognition
 600 Heritage inspection may be ordered
 601 Entry authority for a heritage inspection
 602 Impact assessment may be required
 603 Local government requests for Provincial protection
 Division 4 — Temporary Protection
 604 Withholding of approvals
 605 Withholding of demolition permits until other approvals issued
 606 Orders for temporary protection
 607 Temporary protection by introduction of a continuing protection bylaw
 608 Heritage control periods for temporary protection
 609 Temporary protection
 Division 5 — Continuing Protection
 610 Heritage revitalization agreements
 611 Heritage designation protection
 612 Heritage designation procedure
 613 Compensation for heritage designation
 614 Designation of heritage conservation areas
 615 Permit requirements in relation to heritage conservation areas
 616 Heritage site maintenance standards
 Division 6 — Heritage Alteration Permits
 617 Heritage alteration permits
 618 Terms, requirements and conditions in a heritage alteration permit
 Division 7 — Remedies and Offences
 619 Civil remedies in relation to heritage property
 620 Notice of contravention may be filed in land title office
 621 Offences and penalties
Part 16 — Municipal Provisions
 Division 1 — Challenge of Municipal Bylaws and Other Municipal Instruments
 622 Definition of "municipal instrument"
 623 Court application to set aside bylaw or other instrument
 624 Limitation period on application for declaratory order
 625 Time restriction in relation to right of action on illegal instrument
 626 Assessment or rate stands unless instrument set aside
 627 Validity of council proceedings
 Division 2 — Licensing of Commercial Vehicles
 628 Definitions in relation to this Division
 629 Application of Division
 630 Commercial vehicle licensing bylaw
 631 Exemptions from licensing requirements
 632 Licence plate must be displayed
 633 Issue and transfer of licence plates
 634 Term of licences
 635 Fees to be paid to UBCM
 636 Offences in relation to commercial vehicle licensing
 Division 3 — Regulation of Carriers
 637 Regulation of carriers
 Division 4 — Municipal Irrigation Services and Drainage Works
 638 Municipal irrigation services
 639 District municipality drainage works
 Division 5 — Municipal Forest Reserves
 640 Establishment of municipal forest reserve
 641 Sale or lease of municipal forest reserve
 642 Cutting and removal of timber from municipal forest reserve
 Division 6 — Municipal Taxation: Special Cases
 643 Taxation of forest land
 644 Taxation of utility company property
 Division 7 — Annual Municipal Tax Sale
 645 Annual tax sale
 646 Council may exempt Crown land from annual tax sale
 647 Notice of annual tax sale
 648 Municipality may bid at annual tax sale
 649 Upset price for tax sale
 650 Purchaser at annual tax sale
 651 Purchaser to give authority to register tax sale title
 652 Collector to provide certificate of sale
 653 Tax sale of Crown land subject to an agreement to purchase
 654 Provincial government may accept tax sale purchaser
 655 Resale of land purchased by municipality at annual tax sale
 656 Notice of tax sale must be filed in land title office
 657 Owners must be given notice of tax sale and redemption period
 658 Assessment and taxes during redemption period
 659 Application of surplus from tax sale
 660 Redemption by owner
 661 Redemption payments by instalments
 662 Notice of redemption to be filed in land title office
 663 Registration of tax sale purchaser as owner
 664 Refusal of registration
 665 Effect of tax sale on rights of owners
 666 Action by owner to have tax sale set aside
 667 Court may reinstate taxes if sale set aside
 668 Council authority to cancel sale in case of error
 669 Restrictions on legal actions in relation to tax sale
 670 Repossessed tax sale land
 671 Procedure if purchaser under agreement for sale defaults
 672 Redemption by municipality of land sold for Provincial taxes
Part 17 — Improvement Districts
 Division 1 — General
 673 Definitions in relation to this Part
 674 Giving notice to improvement districts
 Division 2 — Incorporation of Improvement Districts
 675 Incorporation of improvement district: general rules
 676 Incorporation of mountain resort improvement district
 677 Notation on title of land in a mountain resort improvement district
 678 Dissolution of water user's community or development district
 679 Amendment of letters patent and reissue of letters patent
 680 Dissolution of improvement district
 681 Transition rules: dissolution, change in area, change in object
 682 Additional letters patent and order powers
 Division 3 — Governance and Organization
 683 Improvement district board of trustees
 684 Election of improvement district trustees
 685 Chair of improvement district board
 686 Meeting procedure
 687 Regulations in relation to improvement district meetings
 688 First meeting of board in each year
 689 Appointment of select and standing committees
 690 Annual general meeting
 691 Annual financial statements
 692 Appointment of auditor
 693 Officers and employees
 694 Officer positions
 695 Corporate administration
 696 Financial administration
 Division 4 — Powers and Operations
 697 General powers
 698 Powers that must be exercised by bylaw
 699 Process and registration requirements for bylaws
 700 Subdivision servicing requirements
 701 Requirements for excess or extended services
 702 Latecomer charges and cost recovery for excess or extended services
 703 Power to exercise rights under certain water licences
 704 Power to expropriate water diversion licences and related works
 705 General power to expropriate land and works
 706 Renewal of works and related reserve funds
 707 Appeal if improvement district refuses to provide services
 Division 5 — Taxes and Cost Recovery
 708 Preparation of assessment roll
 709 Notice of assessment
 710 Court of revision for assessments
 711 Tax collection on behalf of improvement district
 712 Municipal collection of improvement district taxes
 713 Payments to improvement district
 714 Tax levy by improvement district
 715 Tax notices
 716 Lien for taxes and tolls
 717 Interest on taxes
 Division 6 — Tax Sales
 718 Tax sale for recovery of taxes
 719 Board powers in relation to tax sale
 720 Tax sale notice to affected owners and charge holders
 721 Conduct of tax sale
 722 Authority to register tax sale title
 723 Registration of tax sale purchaser as owner
 724 Application of surplus from tax sale
 725 Tax sale of Crown land held under a mortgage or agreement for sale
 726 Disposal of tax sale land by improvement district board
 Division 7 — Borrowing and Securities
 727 Provision of sinking funds
 728 Provincial guarantee of improvement district securities
 729 Form of securities
 730 Registration of securities
 Division 8 — Other Improvement District Matters
 731 Improvement district property exempt from taxation
 732 Protection from legal proceedings
 733 Indemnification against proceedings
 734 Appointment of receiver
Part 18 — Legal Proceedings in Relation to Local Governments and Other Authorities
 Division 1 — Legal Proceedings Against Municipality or Regional District
 735 Limitation period for certain actions
 736 Notice requirement respecting damages
 737 Proceedings against municipality or regional district in relation to damages caused by others
 Division 2 — Immunities and Indemnities
 738 Immunity for individual local public officers
 739 Warning as defence for local government financial officer
 740 Indemnification against proceedings for local government officials
 741 Indemnification against proceedings for other local public officers
 742 Immunity in relation to building bylaw enforcement
 743 Immunity in relation to approval of certified building plans
 744 Immunity in relation to certain nuisance actions
 Division 3 — Enforcement of Court Orders Against Municipality or Regional District
 745 Writ of execution against municipality or regional district
 746 Copy of writ of execution to be left with corporate officer
 747 Local government officers as officers of the court for purposes of execution
 748 Certain local government property exempt from seizure
 749 Tax to be imposed if amount not paid by municipality
 750 Payment of municipal amount levied
 Division 4 — Other Matters
 751 Self-insurance by local authorities
 752 Application of this Part in relation to the Nisga'a Final Agreement
 753 Application of this Part to treaty first nations
Part 19 — General Matters and Provincial Authorities
 Division 1 — Certification of Senior Officials
 754 Board of examiners
 755 Powers of board
 756 Board may make regulations
 757 Application to City of Vancouver
 Division 2 — Inspector of Municipalities
 758 Inspector of municipalities
 759 Official seal and records
 760 Certificate of approval for money bylaws
 761 Inquiry into application for certificate
 762 Appeal from inspector's decisions in relation to borrowing
 763 Certificate conclusive of validity
 764 Inquiries into local government matters
 765 Additional inquiry authority in relation to regional districts
 Division 3 — Administrative Commissioner
 766 Definitions
 767 Appointment of administrative commissioner
 768 Substitution of commissioner
 769 Acting commissioner
 770 Powers transferred to commissioner
 771 Power of commissioner to make bylaws
 772 Powers of commissioner to borrow
 773 Taxes for sinking fund purposes
 774 Parcel tax rolls
 775 Differences between commissioner and board of education
 776 Commissioner reports to minister
 777 Election after commissioner appointed
 778 Restriction on legal proceedings
 779 Regulations for purposes of this Division
 Division 4 — Other Provincial Authorities
 780 Publication of letters patent
 781 Further powers in relation to assets
 782 Appeal to minister respecting construction of drains
 783 Power to make regulations
Schedule – Definitions and Other Interpretation Matters
Revision Schedule

Part 1 — Purposes and Interpretation

Purposes of this Act

1  The purposes of this Act are

(a) to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities,

(b) to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and

(c) to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities.

Definitions and other interpretation rules

2  The Schedule to this Act establishes definitions for terms used in this Act and rules of interpretation that apply in relation to this Act.

Part 2 — Incorporation of Municipalities and Regional Districts

Division 1 — Municipal Incorporation Process

Incorporation of new municipality

3  (1) On the recommendation of the minister under subsection (2), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a new municipality.

(2) The minister may recommend incorporation of a new municipality to the Lieutenant Governor in Council as follows:

(a) in the case of an area, other than an area referred to in paragraph (c), for which a vote was taken under section 4 (4) (a), if more than 50% of the votes counted as valid favour the proposed incorporation;

(b) in the case of an area, other than an area referred to in paragraph (c), for which a vote was taken under section 4 (4) (b), if

(i)   more than 50% of the votes counted as valid favour a change in local government, and

(ii)   more than 50% of the votes counted as valid favour the proposed incorporation if a change in local government were made;

(c) in the case of an area to which section 279 [no forced amalgamations] of the Community Charter applies, if the requirements of that section have been met.

(3) If an existing municipality is located inside a new municipality incorporated under subsection (1), the Lieutenant Governor in Council must, by order, dissolve the existing municipality by revoking its letters patent.

Vote required for incorporation of new municipality

4  (1) The minister must not recommend the incorporation of a new municipality to the Lieutenant Governor in Council unless a vote of the persons proposed to be incorporated has been taken under this section.

(2) In any of the following circumstances, the minister may direct that a vote be taken of persons in an area specified by the minister respecting the proposed incorporation of those persons into a new municipality:

(a) on the request of the council of a municipality all or part of which is in the area;

(b) on the request of the board of trustees of an improvement district all or part of which is in the area;

(c) on the request of 2 or more residents of any part of the area that is not in a municipality;

(d) on the minister's own initiative, if the minister is of the opinion that those persons should, in the public interest,

(i)   be incorporated into a new municipality, or

(ii)   either be incorporated into a new municipality or be included in an existing municipality.

(3) If section 279 [no forced amalgamations] of the Community Charter applies, the vote under this section must be conducted separately in each of the existing municipalities.

(4) A vote under this section must determine the opinion of the eligible voters

(a) as to whether they favour the proposed new incorporation, or

(b) as to

(i)   whether they favour a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality, and

(ii)   if a change in local government were made, whether they would favour the proposed new incorporation or inclusion in a specified existing municipality.

(5) A vote under subsection (4) (b) must be by 2 questions as follows:

(a) the first question must ask whether the voter favours a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality;

(b) the second question must ask whether the voter favours, if a change in local government were made, the proposed new incorporation or inclusion in the specified existing municipality.

(6) As an exception to the requirement that the question to be voted on be in a form that a voter may indicate assent or dissent, a question under subsection (5) (b) must be in a form that a voter may indicate a preference.

(7) As a limit on the authority of the minister under this section, a vote under this section must not be held in a local community established under section 243 [local community commissions] until 5 years after the later of the following:

(a) the date that the local community was established;

(b) the date that the most recent vote under this section was taken in the local community.

Procedure and costs for vote on incorporation

5  (1) Part 4 [Assent Voting] applies to a vote under Divisions 1 to 5 of this Part so far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with under Part 4 or under the Local Elections Campaign Financing Act as it applies in relation to that Part.

(2) The costs of a vote referred to in subsection (1) must be paid as follows:

(a) if a municipality is incorporated under section 3 [incorporation of new municipality] following the vote, the costs of the vote are to be paid by the new municipality;

(b) if a new municipality is not incorporated and the vote was requested under section 4 (2) (a) by an existing municipality, the costs of the vote are to be paid by that municipality;

(c) in other cases, the costs of the vote are to be paid by the Minister of Finance out of the consolidated revenue fund.

Incorporation of island municipality in Islands Trust area

6  (1) As an exception to section 10 (1) [classification of municipalities], if the area for a new municipality is entirely within the trust area under the Islands Trust Act, the municipality must be incorporated as an island municipality under the name of the "Island Municipality of ..........." or the "............. Island Municipality".

(2) An island municipality has all the powers and duties of a district municipality, and is subject to all the requirements and limitations of a district municipality, as these are established under this or any other Act.

Incorporation of municipality in conjunction with resource development

7  (1) The Lieutenant Governor in Council may, by letters patent, incorporate the residents of a rural area into a municipality without holding a vote under this Division if the Lieutenant Governor in Council is of the opinion that it is in the public interest to establish the municipality in conjunction with the development of a natural resource.

(2) The council of a municipality incorporated under this section may provide housing for employees of the municipality and may incur liabilities for it, subject to the limit that an obligation incurred for this purpose must not have a term of more than 5 years.

(3) If a municipality is established under this section, the Surveyor General must,

(a) as soon as practicable, establish sufficient coordinate control monuments to enable the area, or a portion of it, to be constituted as an integrated survey area under the Land Survey Act, and

(b) on completion of the required survey, constitute the area or portion as an integrated survey area under the Land Survey Act.

(4) After the survey required by subsection (3), the municipality is responsible for the protection and maintenance of the coordinate control monuments.

Incorporation of mountain resort municipality

8  (1) If a vote under section 4 [vote required for incorporation of new municipality] is in favour of incorporation, the minister may recommend to the Lieutenant Governor in Council incorporation of a municipality as a mountain resort municipality.

(2) The minister may not recommend incorporation of a mountain resort municipality under subsection (1) unless the minister is satisfied that

(a) alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation are offered within the area of the proposed municipality, or

(b) a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area of the proposed municipality.

(3) Despite section 4, in the case of an area that is a mountain resort improvement district, the minister may recommend incorporation of a new mountain resort municipality to the Lieutenant Governor in Council, in accordance with the letters patent for the improvement district.

(4) On the recommendation of the minister under subsection (1) or (3), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a mountain resort municipality.

(5) Despite section 4, in the case of an area that is not a mountain resort improvement district, the minister may recommend to the Lieutenant Governor in Council incorporation of a new mountain resort municipality for the area, whether or not there are residents in the area at the time of the recommendation, if the minister is satisfied that a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area.

(6) On the recommendation of the minister under subsection (5), and whether or not there are residents in the area at the time of incorporation, the Lieutenant Governor in Council may, by letters patent, incorporate a new mountain resort municipality for the area, consisting of the members of the municipal council and the residents of the area, if any.

(7) For certainty, and unless the letters patent for a mountain resort municipality incorporated under subsection (6) provide otherwise,

(a) a mountain resort municipality incorporated under that subsection is a municipality and any provision of this Act or a regulation under this Act, or of any other Act or regulation that applies to municipalities, applies to the mountain resort municipality, and

(b) the council of a mountain resort municipality incorporated under that subsection is a council and any provision of this Act or a regulation under this Act, or of any other Act or regulation that applies to municipal councils, applies to the council of the mountain resort municipality.

(8) Section 10 [classification of municipalities] applies with respect to the incorporation of a mountain resort municipality under this section.

Incorporation of reserve residents as village

9  (1) On the recommendation of the minister, in order to implement an agreement between the Lieutenant Governor in Council and a band council with the approval of the Governor in Council, the Lieutenant Governor in Council may, by letters patent, incorporate as a village the residents of an area of land inside a reserve as defined in the Indian Act (Canada).

(2) Letters patent under this section may not be issued until

(a) the agreement of the Governor in Council and the band council is obtained,

(b) the question of incorporation has been submitted to those members of the Indian band who are entitled to vote at the election of the band council, and

(c) more than 50% of those entitled to vote have voted and, of those voting, more than 60% have voted in the affirmative.

Division 2 — Classification of Municipalities

Classification of municipalities

10  (1) A municipality must be incorporated as follows:

(a) as a village, if the population is not greater than 2 500;

(b) as a town, if the population is greater than 2 500 but not greater than 5 000;

(c) as a city, if the population is greater than 5 000;

(d) despite paragraphs (a) to (c), as a district municipality, if the area to be incorporated is greater than 800 hectares and has an average population density of less than 5 persons per hectare.

(2) For the purpose of calculating the average population density, land continually covered by water must not be taken into account.

(3) Despite subsection (1), if the Lieutenant Governor in Council considers it to be in the public interest to do so, a municipality may be incorporated in another classification provided for in this Act.

Change of municipal classification

11  (1) On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality in accordance with section 10 (1).

(2) On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality to another classification provided for in this Act, if the Lieutenant Governor in Council considers it to be in the public interest to do so.

(3) A council may make a request under subsection (1) or (2) only after it has obtained the approval of the electors in relation to the proposed change in classification.

(4) If the minister is satisfied that, since the last census, the population of a municipality has changed sufficiently to allow a change of classification, the minister may determine what the population of the municipality is deemed to be for the purposes of determining its classification.

Division 3 — Municipal Boundary Changes

Extension of municipal area

12  (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, extend the area of a municipality to include land not in a municipality.

(2) Before the minister makes a recommendation referred to in subsection (1),

(a) the minister must

(i)   notify the council of the proposed recommendation, or

(ii)   have received from the council a request for the extension,

(b) the council must give public notice of the proposed extension once in the Gazette, and

(c) the council must obtain the approval of the electors of the municipality in relation to the proposed extension.

(3) The minister may direct that a vote on the question of including an area in a municipality under this section be taken in that area in the form specified by the minister and, for these purposes, section 5 [procedure and costs for vote on incorporation] applies.

(4) Letters patent under this section may specify that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the extended municipality, the land and improvements included by the extension are deemed, for a specified period before or after the extension, or both, to be included in or excluded from the municipality.

Reduction of municipal area

13  (1) On the request of the council made in accordance with this section, the Lieutenant Governor in Council may, by letters patent, reduce the area of a municipality.

(2) Before making a request for reduction, a council must

(a) give public notice of its proposed request in at least 2 consecutive issues of a newspaper and once in the Gazette,

(b) obtain the consent in writing of at least 60% of the electors of the area proposed to be excluded, and

(c) receive the assent of the electors, unless this requirement is waived under subsection (4).

(3) A request for reduction must include the following:

(a) a description of the area proposed to be excluded;

(b) a description of the municipality's new boundaries;

(c) a reasonable estimate of the number of electors in the area to be excluded;

(d) a statement indicating that the required public notice has been given and an affidavit of the designated municipal officer attesting to that publication;

(e) the name, address, signature of consent and date of signature of at least 60% of the electors of the area proposed to be excluded;

(f) an affidavit of the designated municipal officer attesting to the number of electors entitled to sign under paragraph (e);

(g) an affidavit of one or more persons attesting to the authenticity of the electors' signatures under paragraph (e);

(h) the result of the vote required by subsection (2) (c), unless this requirement is waived under subsection (4);

(i) the assessed value for municipal purposes of the taxable land and improvements in the proposed reduced municipality;

(j) evidence satisfactory to the Lieutenant Governor in Council that all creditors of the municipality consent to the proposed reduction or that provision has been made to discharge the debt owing to the creditors whose consent is not obtained;

(k) a statement under oath by the mayor, jointly with the corporate officer and the financial officer, showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require;

(l) other matters that the Lieutenant Governor in Council may prescribe by regulation.

(4) The minister may waive the requirements of subsections (2) (c) and (3) (h).

(5) The Lieutenant Governor in Council may, by letters patent, reduce the area of a municipality without a request from the council if the area excluded is included in a municipality incorporated under section 9 [incorporation of reserve residents as village].

(6) When an area is excluded from a municipality under this section, the excluded area becomes a rural area.

Reduction of municipal area in relation to final agreement respecting treaty lands

14  (1) Despite section 13, if municipal boundaries are affected by a final agreement, the Lieutenant Governor in Council, by letters patent, may reduce the area of the municipality.

(2) If under a final agreement, on a specified date or on the occurrence of a specified event, land within a municipality becomes treaty lands of a treaty first nation or is otherwise excluded from the municipality and letters patent have not been issued under subsection (1) in respect of that municipality, the letters patent for the municipality are deemed amended as contemplated by the final agreement.

Redefinition of adjoining municipalities

15  (1) After receiving a request from the council of each of 2 adjoining municipalities, the Lieutenant Governor in Council may, by letters patent, reduce the area of one municipality and extend the area of the other by the area withdrawn.

(2) Section 12 [extension of municipal area] applies to the municipality whose area is extended and section 13 [reduction of municipal area] applies to the municipality whose area is reduced.

Other redefinition of boundaries

16  (1) The Lieutenant Governor in Council may, by letters patent, redefine or alter the boundaries of a municipality if it appears to the satisfaction of the Lieutenant Governor in Council that any of the following circumstances apply:

(a) the boundaries are uncertain;

(b) the boundaries do not follow legal property boundaries;

(c) the boundaries do not conform to those of an adjacent municipality;

(d) the whole or part of a highway on or adjacent to the boundary should be included or excluded;

(e) the whole or part of adjoining foreshore and any area below low water mark should be included or excluded;

(f) the whole or part of the adjoining foreshore along a river, stream or lake, or the foreshore and land covered by water, should be included or excluded;

(g) land adjacent to and owned by the municipality should be included.

(2) Before exercising the powers of subsection (1), the Lieutenant Governor in Council may direct that a notice of intention to redefine or alter the boundaries of a municipality be given at municipal expense once in the Gazette and once in a newspaper.

Division 4 — Specific Powers in Relation to Municipal Letters Patent

What must be included in letters patent incorporating a municipality

17  Letters patent incorporating a municipality must specify the municipality's name, boundaries, area and classification.

First election for municipality

18  (1) Letters patent incorporating a municipality may do one or more of the following:

(a) set the general voting day for the first election or authorize a person to do this;

(b) appoint the chief election officer and deputy chief election officer for the first election or authorize a person or body to do this;

(c) apply to the first election for the municipality all or part of one or more of the following bylaws of another local government:

(i)   a bylaw under Part 3 [Electors and Elections];

(ii)   a bylaw under section 330 [regulation of signs and advertising];

(iii)   a bylaw under section 8 (4) [fundamental powers — signs and advertising] of the Community Charter;

(d) make, to a bylaw applied under paragraph (c), any modifications the Lieutenant Governor in Council considers necessary or advisable in order to apply the bylaw to the first election for the municipality.

(2) The general voting day set under subsection (1) (a)

(a) must be on a Saturday, and

(b) may be before the date the municipality is incorporated.

(3) If the general voting day set under subsection (1) (a) is before the date the municipality is incorporated, Part 3 applies, subject to the letters patent, as if the municipality were incorporated.

First council and neighbourhood constituencies

19  (1) Letters patent incorporating a municipality may do one or more of the following:

(a) set the terms of office for first council members, if these are to be different from the terms otherwise established by the Community Charter;

(b) appoint or provide for the appointment of an interim council, which must consist of a mayor and an even number of councillors;

(c) if the letters patent appoint or provide for the appointment of an interim council, despite section 53 (1) to (4) [bylaw providing for neighbourhood constituencies], provide that all or some of the councillors be appointed on a neighbourhood constituency basis until the next general local election;

(d) despite section 53 (1) to (4), provide that all or some of the councillors be elected on a neighbourhood constituency basis until the general local election specified in the letters patent;

(e) for the purposes of paragraph (c) or (d), establish the areas that are to be neighbourhood constituencies for the municipality;

(f) for the purposes of paragraph (d), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

(2) Section 118 (3) [size of council] of the Community Charter does not apply to an interim council.

First regular council meeting

20  (1) Letters patent incorporating a municipality may do one or more of the following:

(a) despite section 125 (1) [council meetings] of the Community Charter, set the date for the first regular council meeting and authorize a person to set the time and place for that meeting;

(b) require the council to adopt a procedure bylaw at the first regular council meeting;

(c) require the council to adopt a financial plan at the first regular council meeting;

(d) if a requirement is imposed under paragraph (c), require a person to prepare a proposed financial plan for the first regular council meeting;

(e) if a requirement is imposed under paragraph (c), establish, for the financial plan to be adopted at the first regular council meeting, a planning period that is different than the planning period established by section 165 (3) [planning period for financial plan] of the Community Charter;

(f) if a requirement is imposed under paragraph (c), provide that section 166 [public process for development of financial plan] of the Community Charter does not apply in respect of the proposed financial plan that the council must adopt at the first regular council meeting.

(2) Section 135 (3) [requirements for passing bylaws] of the Community Charter does not apply to a procedure bylaw or a bylaw adopting a financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

(3) Section 165 (3.1) [objectives and policies set out in financial plan] of the Community Charter does not apply to the financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

Letters patent incorporating a municipality: other general powers

21  Letters patent incorporating a municipality may do one or more of the following:

(a) set the amount of money which may be borrowed for the municipality's current expenditure in its first year and, if considered expedient, for the next year;

(b) set dates which may be observed initially, and once only, in place of statutory dates;

(c) provide that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the municipality, the land and improvements are deemed, for a specified period before or following incorporation, or both, to be included in or excluded from the municipality.

Additional powers where former municipality dissolved when new municipality incorporated

22  (1) In this section:

"dissolved municipality" means a municipality dissolved on the incorporation of a new municipality;

"new municipality" means the municipality incorporated by the letters patent referred to in subsection (2).

(2) Letters patent incorporating a municipality may do one or more of the following:

(a) transfer to and vest in the new municipality any of the dissolved municipality's rights, property and assets;

(b) transfer to and declare as assumed by the new municipality any of the dissolved municipality's obligations;

(c) continue in force any bylaws or resolutions of the dissolved municipality as bylaws or resolutions of the new municipality applicable to the area of the new municipality to which they applied as bylaws or resolutions of the dissolved municipality until those bylaws or resolutions are amended or repealed by the council of the new municipality;

(d) require the council of the new municipality to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

(e) deem a reference to the dissolved municipality in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the new municipality.

Letters patent for island municipality: additional powers

23  Letters patent incorporating an island municipality under section 6 [incorporation of island municipality in Islands Trust area] may do one or more of the following:

(a) vary the term of office for a municipal trustee on the trust council from that established by section 7 of the Islands Trust Act;

(b) establish the process that the council of an island municipality must follow in selecting and appointing municipal trustees to the trust council under section 7 of the Islands Trust Act;

(c) establish the process that the council of an island municipality must follow in submitting bylaws for approval under section 38 of the Islands Trust Act;

(d) transfer to and vest in the island municipality any rights, property or assets of the local trust committee or trust council;

(e) transfer to and declare as assumed by the island municipality any obligations of the local trust committee or trust council;

(f) continue in force any bylaws or resolutions of the trust council as bylaws or resolutions of the island municipality applicable to the area of the island municipality to which they applied as bylaws or resolutions of the trust council until those bylaws or resolutions are amended or repealed by the council of the island municipality;

(g) continue in force any resolutions of the local trust committee as resolutions of the island municipality applicable to the area of the island municipality to which they applied as resolutions of the local trust committee until those resolutions are amended or repealed by the council of the island municipality;

(h) require the council of the island municipality to amend or repeal by a specified date

(i)   a resolution continued under paragraph (f) or (g),

(ii)   a bylaw continued under paragraph (f), or

(iii)   a bylaw continued under section 34 (2) [bylaws extend to additional area];

(i) deem a reference to the local trust committee or trust council in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the island municipality.

Letters patent for resource development municipality: additional powers

24  (1) Letters patent incorporating a municipality under section 7 [incorporation of municipality in conjunction with resource development] may

(a) include exceptions from statutory provisions,

(b) specify the effective period or time for an exception, and

(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.

(2) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, provide for further exceptions and conditions for a municipality incorporated under section 7.

Letters patent for mountain resort municipality: additional powers

25  (1) Letters patent incorporating a mountain resort municipality under section 8 [incorporation of mountain resort municipality] may do one or more of the following:

(a) provide that section 211 (1) (a) to (c) [requirements for establishing a local area service] of the Community Charter does not apply, but that the inspector may direct that the approval of the electors or the assent of the electors be obtained in relation to the proposed bylaw;

(b) provide

(i)   for the appointment by the minister of one councillor to the municipal council, despite sections 52, 53 and 54 (1) (a) and (c) to (e) [local government election rules],

(ii)   for the minister to make orders relating to any other matters respecting the appointment of the councillor, including, without limitation, providing an exception to or modification of a requirement or condition established by this Act or the regulations,

(iii)   that the municipal council or the municipal corporate officer must promptly inform the minister if the councillor appointed by the minister resigns his or her office, and

(iv)   that section 118 (3) and (6) [size of council] of the Community Charter does not apply;

(c) despite any provision in Part 14 [Planning and Land Use Management],

(i)   require the municipality to adopt an official community plan for the municipality within a specified period,

(ii)   require that an official community plan may be adopted, amended or repealed only with the approval of the minister, and

(iii)   require that all bylaws that may be adopted, amended or repealed under that Part may be adopted, amended or repealed only with the approval of the minister until the municipality has adopted an official community plan;

(d) provide that Division 19 [Development Costs Recovery] of Part 14 applies to the municipality as if the municipality were in a resort region;

(e) provide that sections 488 (1) (i) [development permit area — objectives for the form and character] and 491 (7) [development permits: specific authorities] apply to the municipality as if the municipality were in a resort region;

(f) require the municipality to

(i)   do one of the following:

(A) establish, with the approval of the inspector, a resort advisory committee to provide advice and make recommendations to the municipal council;

(B) designate, with the approval of the inspector, an entity as the resort advisory committee to provide advice and make recommendations to the municipal council, and

(ii)   consult with the resort advisory committee on matters specified in the letters patent.

(2) Letters patent incorporating a mountain resort municipality under section 8 (6) may do one or more of the following:

(a) include exceptions from statutory provisions;

(b) specify the effective period or time for an exception;

(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period;

(d) appoint or provide for the appointment of one or more individuals to be the members of the municipal council of the municipality and appoint or provide for the appointment of a mayor from among the appointed members of the municipal council;

(e) despite section 52 [general local elections], provide that the minister may set the general voting day for the first election of members to the municipal council for any date the minister considers appropriate, including a date that is 3 or more years after the incorporation of the mountain resort municipality.

(3) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, provide for further exceptions, conditions and appointments for a mountain resort municipality incorporated under section 8 (6).

(4) Appointments may be made under subsection (2) (d) or (3) until the general voting day for the first election of members to the municipal council.

Letters patent for reserve village: additional powers

26  (1) Letters patent incorporating a village under section 9 (1) [incorporation of reserve residents as village] may

(a) include exceptions from statutory provisions,

(b) specify the effective period or time for an exception, and

(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.

(2) The letters patent or agreement referred to in section 9 (1) may exempt the municipality or owners or residents from a provision of this or another Act and may include a provision considered desirable whether or not it is consistent with any Act.

Authority for variation of proposed boundaries

27  In letters patent, the Lieutenant Governor in Council may vary the boundaries of a municipality or proposed municipality from those set out in the applicable request under this Part or from those specified by the minister,

(a) to make them regular or conform with the boundaries of neighbouring municipalities, or

(b) to exclude or include an area.

Appointment of additional councillors if boundary extended

28  (1) Letters patent extending the area of a municipality may do one or more of the following:

(a) provide for the election or appointment of an even number of additional councillors for the municipality until the general local election specified in the letters patent;

(b) despite section 53 (1) to (4) [bylaw providing for neighbourhood constituencies], provide that the additional councillors be elected or appointed on a neighbourhood constituency basis until the general local election specified in the letters patent;

(c) for the purposes of paragraph (b), establish the areas that are to be neighbourhood constituencies for the municipality until the general local election specified in the letters patent;

(d) for the purposes of paragraph (b), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

(2) If letters patent under this section are issued for a municipality, section 118 (3) [size of council] of the Community Charter ceases to apply in relation to the council until January 1 in the year of the general local election specified in the letters patent.

Establishment of property tax rate limits

29  (1) Letters patent incorporating a municipality or extending the area of a municipality may do the following:

(a) designate an area that is,

(i)   in the case of an incorporation of a municipality, all or part of the municipality, or

(ii)   in the case of an extension of the area of a municipality, all or part of the area that forms the extension of the municipality;

(b) establish a limit on the tax rate under section 197 (1) (a) [municipal property taxes] of the Community Charter that may be established for a property class by an annual property tax bylaw and imposed on land and improvements in the area designated under paragraph (a) of this subsection.

(2) A tax rate limit established under subsection (1) (b) may be established by doing one or more of the following:

(a) specifying a limit on the tax rate;

(b) specifying a limit on the relationship between tax rates;

(c) establishing formulas for calculating the limit referred to in paragraph (a) of this subsection or the limit on the relationship referred to in paragraph (b) of this subsection;

(d) adopting as the tax rate limit a tax rate set by another authority having taxing powers in respect of land or land and improvements.

(3) Different tax rate limits may be established under subsection (1) (b) for different taxation years.

(4) Section 197 (3) [establishment of tax rates] of the Community Charter does not apply in relation to the tax rate

(a) applicable to an area designated under subsection (1) (a) of this section, and

(b) established for a property class in accordance with a limit established under subsection (1) (b) of this section.

(5) If there is a conflict between a tax rate limit established under subsection (1) (b) and a regulation under section 199 [property tax rates regulations] of the Community Charter, the regulation prevails.

(6) If a tax rate limit is established under subsection (1) (b) for property class 1 or 6, the Lieutenant Governor in Council must, by letters patent, specify the time period during which the tax rate limit applies.

(7) The time period specified under subsection (6) may not be more than 20 taxation years.

Municipal revenue sharing

30  Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

(a) for the purposes of paragraph (b), designate one or more of the following:

(i)   a revenue source of the municipality;

(ii)   property in the municipality;

(iii)   an area that is all or part of the municipality;

(b) require the municipality to share revenue with another municipality or with a regional district

(i)   from a designated revenue source, or

(ii)   from a designated revenue source and from the designated property or designated area;

(c) establish ratios or formulas for calculating the amount of revenue to be shared or designate the amount of revenue to be shared;

(d) specify the period for which the revenue is to be shared.

Establishment of local area service

31  (1) Letters patent incorporating a municipality or extending the area of a municipality may provide for the establishment of a local area service by

(a) describing the service, and

(b) defining the boundaries of the area for the service.

(2) In addition, letters patent under subsection (1) may do one or both of the following:

(a) require the council of the municipality, by a specified date, to

(i)   establish a reserve fund for a specified purpose for the local area service, and

(ii)   credit an amount of money to the reserve fund in respect of money transferred to the municipality from a reserve fund of a regional district, improvement district or another municipality established for a similar purpose;

(b) specify a date for the purposes of subsection (6).

(3) If letters patent provide for the establishment of a local area service, the council of the municipality must adopt a bylaw to establish the local area service.

(4) The bylaw establishing the local area service must

(a) subject to subsection (5), meet the requirements of Division 5 [Local Service Taxes] of Part 7 of the Community Charter, and

(b) be consistent with the letters patent.

(5) Sections 210 (2) [services that may be provided as local area services] and 211 (1) [requirement to adopt local area service bylaw] of the Community Charter do not apply to the initial adoption of a bylaw under subsection (3) of this section.

(6) A bylaw under subsection (3) must be adopted on or before the date specified under subsection (2) (b) or, if no date is specified, within a reasonable period after the letters patent come into effect.

(7) If no date is specified under subsection (2) (b), the Lieutenant Governor in Council may, by order, specify a date and, if this is done, a bylaw under subsection (3) must be adopted on or before the date specified.

Advisory body for municipality

32  Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

(a) require the council to establish an advisory body for the municipality;

(b) specify the role of the advisory body;

(c) require the council to consult with the advisory body on specified matters;

(d) provide for the composition of and the manner of appointing members to the advisory body;

(e) specify a date before which the council may not dissolve the advisory body.

Letters patent for municipality: additional powers

33  (1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent, do one or more of the following in relation to the incorporation of a municipality or the extension or reduction of the area of a municipality:

(a) impose requirements on the municipality;

(b) restrict the powers of the municipality;

(c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(d) in respect of a provision included in the letters patent under paragraphs (a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(2) Despite this or any other Act, letters patent for a municipality or an order of the Lieutenant Governor in Council under this Part, other than an order under Division 6 [Regional District Incorporation and Related Matters] of this Part, may establish any terms and conditions the Lieutenant Governor in Council considers appropriate in respect of any matter related to the letters patent or order.

(3) As restrictions in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

(a) override an absolute prohibition contained in an enactment;

(b) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.

Division 5 — Municipal Incorporation or Boundary Changes: Related Matters

Bylaws that apply to new municipality or extend to additional area

34  (1) The bylaws and resolutions of the municipality to which an addition is made apply to the additional area, and continue in force until altered or repealed by the council.

(2) Despite subsection (1) but subject to section 44 (6) [continuation of regional district jurisdiction] and the letters patent, if a municipality is incorporated or the area of a municipality is extended, a provision of

(a) a bylaw adopted by a regional district, other than an establishing bylaw, or

(b) a bylaw adopted by a local trust committee under the Islands Trust Act

that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council.

Interim corporate officer

35  (1) If letters patent incorporating a municipality are issued, the minister may appoint a person as the interim corporate officer of the municipality.

(2) An interim corporate officer's term ends when a corporate officer is appointed for the municipality.

(3) Words in an enactment, other than this section, referring to a corporate officer, by name or otherwise, also apply to an interim corporate officer.

Collection of taxes in relation to municipal boundary changes

36  (1) This section applies if land is included in a municipality under any of the following:

(a) section 12 [extension of municipal area];

(b) section 16 [other redefinition of boundaries];

(c) section 27 [authority for variation of proposed boundaries].

(2) All unpaid taxes previously imposed by the Provincial government or by another municipality on the land are taxes of the municipality in which the land is included, and that municipality may exercise all remedies under this Act and the Community Charter for the collection of those taxes.

(3) For unpaid taxes previously imposed by the Provincial government, the municipality in which the land is included must pay the amount of those taxes to the Surveyor of Taxes by January 1 in the year following the year in which the land is included in the municipality.

(4) For unpaid taxes previously imposed by another municipality, the municipality in which the land is included

(a) may pay the amount of those taxes to the other municipality before they are collected, or

(b) if the amount of those taxes is not paid under paragraph (a), must pay that amount to the other municipality as they are collected.

(5) If land shown on the records of a land title office as a single parcel of land

(a) lies partly inside and partly outside the municipality, and

(b) is, under a provision referred to in subsection (1), wholly included in the municipality,

the taxes then unpaid on any part of the land are a charge as unpaid taxes on the whole land.

Transfer of Provincial property tax money if rural land included in municipality

37  (1) If land subject to assessment and taxation under the Taxation (Rural Area) Act is included in a municipality, either by incorporation of the municipality or by the extension or redefinition of its boundaries, the Minister of Finance may pay from the consolidated revenue fund to the municipality an amount equal to

(a) the current year's taxes levied under Part 2 [Taxation of Land and Improvements] of the Taxation (Rural Area) Act, if the date of the letters patent defining or redefining the municipal boundaries is effective before July 1, or

(b) one half of that amount, if that date is after June 30 in any year.

(2) The amount provided under subsection (1) may include taxes levied on the land and improvements under any Act and due to the Provincial government.

(3) An amount to be paid under this section must be paid in January following the year in which the taxes are levied or at another time considered appropriate by the Minister of Finance.

(4) The taxes when collected by the municipality are municipal revenue.

Dissolution of municipality

38  (1) On receiving a request signed by a majority of the electors of the municipality, the Lieutenant Governor in Council may, by order, revoke the letters patent incorporating the municipality.

(2) The Lieutenant Governor in Council may not exercise the power under subsection (1) until the Lieutenant Governor in Council is satisfied that provision has been made for the payment and discharge of all debts and obligations of the municipality.

(3) On the revocation under subsection (1) of the letters patent,

(a) the municipality is dissolved,

(b) all of the municipality's property vests in the Provincial government, and

(c) all taxes imposed by the municipality that remain unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition.

(4) If a municipality is dissolved under this section at a date before taxes are imposed for the calendar year in which the dissolution takes effect, all property inside the boundaries of the dissolved municipality is liable to assessment, taxation, levy and collection of taxes for all purposes in that year under the Taxation (Rural Area) Act and the School Act, as if the property were liable to assessment in the preceding year.

Rights and liabilities not affected by reissue of letters patent

39  If letters patent that incorporate a municipality are revoked and others issued,

(a) the revocation or issue does not bar or discharge a right, claim or demand of or against the municipality, or a pending action or proceeding, and the municipality remains as liable and has the same rights and interest as if the letters patent revoked were valid and not revoked,

(b) the municipality is deemed to have been a corporation from the date of the letters patent originally incorporating it, and

(c) a registration in a land title office in the name of the municipality is a registration in the name of the municipality under the new letters patent.

Existing licences preserved

40  (1) A Provincial or municipal licence that

(a) was issued in any locality that has been

(i)   incorporated or dissolved as a municipality, or

(ii)   added to or excluded from an existing municipality, and

(b) was in force immediately before the change

is valid until its expiration, subject to the provisions of any Act or a bylaw or regulation of the municipality affected.

(2) On expiration, the reissue or renewal of a licence is governed by the statutory provisions or the appropriate municipal bylaw and regulation.

Division 6 — Regional District Incorporation and Related Matters

Incorporation of new regional district

41  (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a regional district for the purpose of exercising powers conferred on the regional district under this Act or under any other enactment.

(2) Letters patent incorporating a regional district must specify the following:

(a) the name and boundaries of the regional district;

(b) the municipalities and electoral areas that comprise the regional district;

(c) the boundaries of each electoral area in the regional district;

(d) the voting unit for the regional district, by specifying the number of persons used to calculate the number of votes referred to in section 196 (2) [voting rights];

(e) the last date for appointment of municipal directors to the first board;

(f) the time and manner of the first election of electoral area directors;

(g) the chief election officer and the voting places for the first election under paragraph (f);

(h) the date, time and place of the board's first meeting;

(i) the amounts that may be borrowed to meet the current lawful expenditures of the regional district in the year of incorporation and, if considered necessary, for the next year;

(j) the dates that may be observed initially, and once only, in place of statutory dates.

(3) No part of an electoral area may be in a municipality.

(4) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, do one or more of the following:

(a) specify the divisor used to calculate the number of directors referred to in section 197 (1) [municipal directors];

(b) change the name of a regional district;

(c) amend the voting unit referred to in subsection (2) (d);

(d) redefine the boundaries of an electoral area, establish a further electoral area or eliminate an existing electoral area.

Extension of regional district boundaries

42  (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, alter the boundaries of a regional district to include an area not in a regional district.

(2) Before making a recommendation under subsection (1), the minister must

(a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and

(b) notify the regional district that will be affected by the proposed recommendation.

Regional district amalgamation, division and reorganization

43  (1) On the recommendation of the minister, the Lieutenant Governor in Council may

(a) amalgamate 2 or more regional districts by

(i)   revoking, by order, their letters patent, and

(ii)   incorporating the new regional district under section 41,

(b) divide a regional district into 2 or more regional districts by

(i)   revoking, by order, their letters patent, and

(ii)   incorporating the new regional districts under section 41, or

(c) by letters patent, alter the boundaries of 2 or more adjoining regional districts by reducing the area of one and increasing the area of another by the inclusion of the area withdrawn into the district that is increased.

(2) Before making a recommendation under subsection (1), the minister must

(a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and

(b) notify all regional districts that will be affected by the proposed recommendation.

(3) Letters patent under subsection (1) may not be issued for 6 months after notice has been given under subsection (2) (b).

(4) In a recommendation under subsection (1), the minister must specify a proposed allocation or division of the rights, property, assets and obligations of the districts affected.

(5) In letters patent incorporating a regional district as referred to in subsection (1) (a) or (b) or in letters patent referred to in subsection (1) (c), the Lieutenant Governor in Council may do one or more of the following:

(a) transfer to and vest in a regional district any of the rights, property and assets of another regional district;

(b) transfer to and declare as assumed by a regional district any of the obligations of another regional district;

(c) provide that a bylaw or resolution of the board having jurisdiction before the amalgamation, alteration or division does not remain in force under subsection (6);

(d) require the board of the regional district to amend or repeal by a specified date a bylaw or resolution that remains in force under subsection (6);

(e) deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to another regional district.

(6) Subject to the letters patent, the bylaws and resolutions of boards that had jurisdiction before the amalgamation, alteration or division remain in force until they are amended or repealed by the board having jurisdiction following the amalgamation, alteration or division.

(7) Sections 39 [rights and liabilities not affected by reissue of letters patent] and 40 [existing licences preserved] apply in respect of regional districts referred to in this section.

Creation or restructure of municipality in regional district

44  (1) If letters patent incorporate an area in the regional district as a new municipality, the new municipality becomes a member of the regional district on the date of incorporation, with representation determined in accordance with section 197 [municipal directors: number of directors and assignment of votes].

(2) If letters patent incorporate a new municipality or extend the boundaries of an existing municipality, and all or part of a service area is in the new municipality or the extension of the existing municipality, the Lieutenant Governor in Council may, by letters patent for the regional district, do one or more of the following:

(a) transfer from the regional district to the municipality the jurisdiction for the service in respect of all or a specified part of the service area;

(b) require the regional district to administer on behalf of the municipality the service transferred under paragraph (a) until a specified date after the effective date of the transfer;

(c) require the municipality to pay to the regional district an amount for administering the service on behalf of the municipality;

(d) specify an amount or establish formulas, rules or ratios for determining an amount payable under paragraph (c).

(3) The municipality and the regional district may enter into an agreement that modifies

(a) a requirement under subsection (2) (b) or (c), or

(b) an amount specified or a formula, rule or ratio established under subsection (2) (d).

(4) Letters patent under subsection (2) may do one or more of the following:

(a) transfer to and vest in the municipality any of the regional district's rights, property and assets that relate to the transferred service;

(b) transfer to and declare as assumed by the municipality any of the regional district's obligations that relate to the transferred service;

(c) provide that a bylaw of the regional district does not continue in force under section 34 (2) [bylaws that continue to apply to new municipality or extend to additional area];

(d) continue in force any resolutions of the regional district as resolutions of the municipality applicable to the area of the municipality to which they applied as resolutions of the regional district until those resolutions are amended or repealed by the council of the municipality;

(e) require the council of the municipality to amend or repeal by a specified date a bylaw continued under section 34 (2) or a resolution continued under paragraph (d) of this subsection;

(f) deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the municipality.

(5) If jurisdiction for a service is transferred to the municipality by letters patent under subsection (2), the effective date of the transfer is the date of the letters patent unless an order under subsection (6) applies.

(6) The minister may, by order, specify a later date on which the transfer is effective and, if such an order is made, the jurisdiction of the regional district governing the service continues in force until that later date.

(7) On the effective date of the transfer under subsection (2) (a) of jurisdiction for a service in respect of a specified part of the service area, the service area for the service provided by the regional district is deemed to be reduced to exclude the specified part of the service area for which jurisdiction was transferred.

(8) If letters patent incorporate a new municipality and only a part of a service area is in the new municipality, the service is continued under the jurisdiction of the regional district unless it is transferred under subsection (2) (a).

(9) If letters patent are issued extending or reducing the boundaries of a municipality, the voting power of the municipality under section 196 [composition and voting rights] must be adjusted effective January 1 in the year following the date of issue.

(10) Subsection (11) applies if, as a consequence of the incorporation of a new municipality or the alteration of boundaries of an existing municipality, the council and the board are unable to resolve a difference that may arise between them on

(a) the question of administration of matters in their respective jurisdictions,

(b) the allocation of resources or costs, or

(c) any other matter that, in the opinion of the minister, requires solution.

(11) In the circumstances referred to in subsection (10), after considering the representations of the parties, the minister may make an order, not inconsistent with this Act or letters patent for the municipality or regional district, directing the council and the board, or either, to act in a manner consistent with the terms of settlement set out in the order.

(12) The council and the board must comply with the terms of an order under subsection (11) according to its intent.

Dissolution of community planning area or improvement district in regional district

45  (1) In this section, "community planning area" means an area of the Provincial Community Planning Local Area under the Local Services Act that is designated as a community planning area under that Act.

(2) If a community planning area is dissolved and the area of land comprising the community planning area is in a regional district, the Lieutenant Governor in Council may, by order, do one or more of the following:

(a) provide that all or part of the community planning area be a service area of the regional district;

(b) continue in force any regulations made by the minister relating to the community planning area as bylaws of the regional district applicable to the area of the regional district to which they applied as regulations until those bylaws are amended or repealed by the board;

(c) specify a date for the purposes of subsection (6).

(3) If an improvement district is dissolved or the letters patent for an improvement district are amended to modify or repeal an object of the improvement district and the area of land comprising the improvement district is in a regional district, the Lieutenant Governor in Council may, by order, do one or both of the following:

(a) provide for the continuation of a service of the improvement district as a service of the regional district by

(i)   describing the service, and

(ii)   defining the boundaries of the service area;

(b) specify a date for the purposes of subsection (6).

(4) If provision is made for a service area under subsection (2) or (3), the board must adopt a bylaw in respect of the service that

(a) meets the requirements of section 339 [required content for establishing bylaws] for an establishing bylaw,

(b) is consistent with the order under subsection (2) or (3) of this section, as applicable, and

(c) is adopted in accordance with section 349 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

(5) A bylaw under subsection (4) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

(6) A bylaw under subsection (4) must be adopted

(a) on or before the date specified by order under subsection (2) (c) or (3) (b), as applicable, or

(b) if no date is specified, within a reasonable period after that order comes into effect.

(7) If no date is specified by order under subsection (2) (c) or (3) (b), as applicable, the Lieutenant Governor in Council may in a later order specify a date and, if this is done, a bylaw under subsection (4) must be adopted on or before the date specified.

Regional district letters patent and orders: additional powers

46  (1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent or by order, do one or more of the following in relation to the incorporation of a regional district, the establishment or elimination of an electoral area, the redefinition of the boundaries of an electoral area or the alteration of the boundaries of a regional district:

(a) impose requirements on the regional district;

(b) restrict the powers of the regional district;

(c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(d) in respect of a provision included in the letters patent or order under paragraphs (a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(2) Despite this or any other Act, letters patent for a regional district or an order of the Lieutenant Governor in Council under this Division or section 252 [regional district letters patent and treaty lands] may establish any terms and conditions the Lieutenant Governor in Council considers appropriate in respect of any matter related to the letters patent or order.

(3) As restrictions in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

(a) override an absolute prohibition contained in an enactment;

(b) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.

Part 3 — Electors and Elections

Division 1 — General

Definitions in relation to this Part

47  In this Part:

"additional advance voting opportunity" means a voting opportunity under section 108;

"additional general voting opportunity" means a voting opportunity under section 106;

"advance voting opportunity" means a required advance voting opportunity or an additional advance voting opportunity;

"candidate"

(a) means a person who is declared to be a candidate under section 97 [declaration of candidates], and

(b) for the purposes of Division 7 [Candidate Endorsement by Elector Organization], includes a person who is seeking endorsement or is proposed to be endorsed under that Division;

"candidate representative" means an official agent or a scrutineer appointed under section 102;

"election" means an election for the number of persons required to fill a local government office;

"election area" means the municipality, neighbourhood constituency, regional district electoral area or other area for which an election is held under this Act or other local elections legislation;

"election proceedings" means nomination, voting or counting proceedings under this Part;

"elector organization" means an organization that endorses a candidate under Division 7;

"endorsement", in relation to a candidate, means the endorsement of the candidate by an elector organization under Division 7;

"endorsement documents" means documents required to be filed by an elector organization under section 93 [endorsement documents];

"general voting" means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 62;

"held at the same time", in relation to elections and assent voting, means being held at the same time in accordance with the rules established by section 6 [when elections, or elections and assent voting, are considered to be held at the same time] of the Local Elections Campaign Financing Act;

"judicial recount" means a judicial recount under Division 15 [Judicial Recount];

"neighbourhood constituency" means an election area established as a neighbourhood constituency under section 53;

"nomination deposit" means a nomination deposit required by bylaw under section 88 [nomination deposits];

"nomination documents" means the documents required by section 87 (1) and (2);

"nomination period" means the period referred to in section 84 [nomination period] or, if applicable, as extended under section 62 [adjournment of election proceedings];

"official agent" means an official agent appointed under section 102 (1) (a) [appointment of candidate representatives] to represent a candidate;

"presiding election official" means, in relation to election proceedings, the chief election officer or the election official appointed under section 58 (3) (a) to act as presiding election official for those proceedings;

"required advance voting opportunity" means a voting opportunity under section 107;

"required general voting opportunity" means a voting opportunity on general voting day at a voting place under section 105;

"residential address" includes an indication of the area in which a person lives if no other specific designation is reasonably available;

"solemn declaration" means a declaration on oath or by solemn affirmation in accordance with section 51;

"special voting opportunity" means a voting opportunity under section 109;

"voting compartment" means an area described in section 123 (3) [area where voters can mark their ballots screened from observation by others];

"voting day" means the general voting day for an election, a day on which an advance voting opportunity for the election is offered or a day on which a special voting opportunity for the election is offered;

"voting hours" means the time during which voting is permitted on a voting day;

"voting opportunity" means an opportunity referred to in section 104 [voting opportunities for electors] for some or all electors of an election area to vote in an election for the election area;

"voting place" means a place where voting proceedings at general voting or an advance voting opportunity are conducted.

Time not extended for voting days

48  Section 25 (3) of the Interpretation Act, extending a time period if the time for doing an act falls on a day when a business office is not open during regular business hours, does not apply to a voting day.

This Act prevails in relation to use of information

49  To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts 3 [Electors and Elections] and 4 [Assent Voting] of this Act apply despite that Act.

Public notice by newspaper publication

50  (1) If this Part requires notice to be given in accordance with this section, the notice must be given by publication in a newspaper in accordance with section 4 of the Schedule to this Act.

(2) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.

Solemn declarations

51  (1) If this Part requires a solemn declaration to be made, the declaration must be

(a) made on oath or by solemn affirmation,

(b) made before a commissioner for taking affidavits for British Columbia or a person authorized by this Part to take the oath or solemn affirmation, and

(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.

(2) If a regulation under section 168 [election regulations] applies, the declaration must be made in a form prescribed by the regulation.

Division 2 — Arrangements for Elections

General local elections every 4 years

52  (1) Elections for the mayor and all councillors of each municipality and elections for the electoral area directors of each regional district, to be known collectively as a general local election, must be held in the year 2014 and in every 4th year after that.

(2) General voting day for a general local election must be the 3rd Saturday of October in the year of the election.

Municipal elections at large unless neighbourhood constituency established

53  (1) Unless a bylaw under subsection (2) applies, every council member must be elected from the municipality at large.

(2) A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis.

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

(4) The authority under subsection (2) applies despite the letters patent for the municipality, but a bylaw under that subsection must be approved by the Lieutenant Governor in Council before it is adopted.

(5) If a neighbourhood constituency is established,

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

(i)   resident electors of the municipality who meet the qualifications of section 65 [resident electors] in relation to the area of the neighbourhood constituency, and

(ii)   non-resident property electors of the municipality who meet the qualifications of section 66 [non-resident property electors] in relation to the area of the neighbourhood constituency, and

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

(6) The notice of election under section 99 [notice of election by voting] for an election on the basis of a neighbourhood constituency must include the following additional information:

(a) the boundaries of the neighbourhood constituency;

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

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

By-elections

54  (1) Subject to this section, an election must be held to fill a vacancy in an elected local government office that occurs in any of the following circumstances:

(a) the person elected or appointed to the office dies before taking office;

(b) the office is declared vacant on an application under section 153 [application to court respecting validity of election], or a candidate affected by the application renounces claim to the office under subsection (9) of that section;

(c) the person holding the office dies;

(d) the person holding the office resigns from office;

(e) the office becomes vacant under Division 7 [Challenge of Council Member Qualification for Office] of Part 4 of the Community Charter as it applies in relation to that office;

(f) the office becomes vacant under either of the following provisions of the Local Elections Campaign Financing Act:

(i)   section 64 (2) [candidate disqualification penalties for failure to disclose];

(ii)   section 65 (1) (a) [candidate disqualification penalties for false or misleading disclosure].

(2) A local government may decide that a by-election is not to be held if the vacancy occurs after June 1 in the year of a general local election that will fill the office.

(3) In addition to the authority under subsection (2), a council may decide that a by election is not to be held if all the following circumstances apply:

(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;

(b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;

(c) the number of remaining council members is at least one greater than the quorum for the council, as set under section 129 (1) [quorum for conducting business] of the Community Charter.

(4) As soon as practicable after a vacancy occurs for which an election under this section is to be held, the local government must appoint a chief election officer for the election.

(5) The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.

(6) If the number of members of a local government is reduced to less than a quorum, the minister may either

(a) order that the remaining members of the local government constitute a quorum until persons are elected and take office to fill the vacancies, or

(b) appoint qualified persons to fill the vacancies until persons are elected and take office to fill them.

(7) A person elected in a by-election holds office until the end of the term of the office in respect of which the election was held.

Minister may arrange for election to be conducted

55  (1) If an election is not held or a vacant office is not otherwise filled as required under this Act, the minister may

(a) set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or

(b) order the designated local government officer to arrange for the election to be conducted.

(2) If considered necessary in relation to an election under subsection (1), the minister may make orders to provide for the conduct of the election and for the governing of the municipality or regional district until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or bylaws under this Act.

(3) The general voting day for an election under this section must be on a Saturday set by the minister or by the chief election officer in accordance with the directions of the minister.

Election bylaws

56  (1) This section applies to a bylaw under

(a) this Part,

(b) section 330 [regulation of signs and advertising] of this Act, or

(c) section 8 (4) [fundamental powers — signs and advertising] of the Community Charter.

(2) Unless otherwise provided,

(a) in order for a bylaw referred to in subsection (1) to apply in relation to a general local election, the bylaw must be adopted at least 56 days before the first day of the nomination period of the general local election, and

(b) in order for a bylaw referred to in subsection (1) to apply in relation to an election under section 54 [by-elections], the bylaw must be adopted at least 42 days before the first day of the nomination period for the election.

Costs of elections

57  (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the municipality or regional district for which the election is held unless otherwise agreed.

(2) The costs of an election may be shared under an agreement between the local government and another local government, the council of the City of Vancouver or a board of education for the conduct of the election by one party for the other or in conjunction with an election of the other.

(3) A local government that is a party to an agreement under subsection (2) may, by bylaw, provide that the bylaws of the other party respecting elections apply to elections conducted under the agreement.

(4) An agreement referred to in subsection (2) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.

(5) If an agreement referred to in subsection (4) applies to an election, the election is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the election area for which an election is held.

(6) Without limiting subsection (4), an agreement referred to in that subsection may allow a local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the election area for which the election is held.

(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the election area for which the election is held, an advance voting opportunity must be open to all electors of that election area on the same day.

(8) So long as any required advance voting opportunities are provided, no bylaw is necessary for an advance voting opportunity required by subsection (7), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.

(9) The chief election officer must give notice of a voting opportunity to which subsection (8) applies in any manner the chief election officer considers appropriate.

(10) The notice under subsection (9) must include the date, place and voting hours for the voting opportunity.

Division 3 — Election Officials Appointment and Authority

Appointment of election officials

58  (1) For the purposes of conducting an election, the local government must appoint a chief election officer and a deputy chief election officer.

(2) The chief election officer must appoint election officials required for the administration and conduct of the election.

(3) Without limiting the generality of subsection (2), the chief election officer must appoint the following:

(a) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official;

(b) election officials to act as alternate presiding election officials for election proceedings;

(c) election officials required to assist the presiding election official at election proceedings.

(4) The chief election officer may delegate the authority under subsection (3) (c) to the presiding election official for the election proceedings.

(5) The chief election officer may appoint peace officers as election officials to assist presiding election officials in fulfilling their duty to maintain peace and order at the election proceedings for which they are responsible.

(6) If an election official is absent or unable to act, a person appointed as deputy chief election officer or appointed under this section as alternate for the official must perform the duties and has the powers of the official.

(7) A candidate, candidate representative or financial agent may not be appointed as an election official.

(8) Before assuming duties, an election official must make a solemn declaration that the person

(a) will faithfully and impartially exercise the powers and perform the duties of the position to which the election official is appointed,

(b) has not received and will not accept any inducement

(i)   to exercise the powers or perform the duties of the position otherwise than impartially and in accordance with this Act, or

(ii)   to otherwise subvert the election,

(c) will preserve the secrecy of the ballot in accordance with section 123 [voting to be by secret ballot], and

(d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.

Chief election officer duties and powers

59  (1) In addition to all other duties established by this Part and the Local Elections Campaign Financing Act, the chief election officer must do the following:

(a) ensure that a sufficient number of ballots are prepared for an election by voting;

(b) ensure that each voting place

(i)   is supplied with sufficient numbers of ballots, ballot boxes and voting books, and

(ii)   has an area that may be used as a voting compartment;

(c) take all reasonable precautions to ensure that a person does not vote more than once in an election;

(d) do all other things necessary for the conduct of an election in accordance with this Part, the Local Elections Campaign Financing Act and any bylaws and regulations under this Part or that Act.

(2) In addition to all other powers given by this Part, the chief election officer may do one or more of the following:

(a) exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;

(b) as an exception to the restrictions on where an elector may vote when municipal voting divisions are established, authorize an election official to vote at the voting place at which the official is working;

(c) take solemn declarations where these are required under this Part or the Local Elections Campaign Financing Act;

(d) delegate to other election officials the chief election officer's duties and powers under this Part or the Local Elections Campaign Financing Act, subject to any restrictions or conditions specified by the chief election officer;

(e) apply to the minister for an order under section 167 [ministerial orders in special circumstances] of this Act or section 99 [ministerial orders in special circumstances] of the Local Elections Campaign Financing Act.

Presiding election official duties and powers

60  (1) In addition to other responsibilities established by this Part, a presiding election official for election proceedings must

(a) ensure, so far as possible, that this Part and the regulations and bylaws under it are being complied with, and

(b) take all reasonable precautions to keep the ballots and ballot boxes secure from persons not entitled to have access to them.

(2) In addition to other powers conferred by this Part, a presiding election official may

(a) take solemn declarations required by this Part in relation to the election proceedings for which the presiding election official is responsible, and

(b) if section 163 (4) (b) or (c) [campaigning materials near voting place] is being contravened, enter on the property where the materials that are the subject of the contravention are located and remove or cover them or otherwise obscure them from view, or authorize another person to do so.

Keeping order at election proceedings

61  (1) A presiding election official must maintain peace and order so far as reasonably possible at the election proceedings for which the presiding election official is responsible.

(2) For the purposes of this section, the presiding election official may do one or more of the following:

(a) restrict or regulate the number of persons admitted at any time to the place where the proceedings are being conducted;

(b) order a person to leave the place where the proceedings are being conducted and the immediate vicinity of that place, if any of the circumstances referred to in subsection (5) (a) to (d) occur;

(c) order the removal of a person ordered to leave if that person does not comply;

(d) require the assistance of peace officers or of persons present at the place where the proceedings are being conducted.

(3) A person ordered to leave under subsection (2) (b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the presiding election official.

(4) The authority under subsection (2) must not be used to prevent an elector otherwise entitled to vote at the place from exercising the right to vote.

(5) The presiding election official may require a person to provide identification and the person must comply with that requirement if, in the opinion of the presiding election official, that person

(a) is present at a place when not permitted to be present under this Act,

(b) is disturbing the peace and order of the proceedings,

(c) is interfering with the conduct of the proceedings, or

(d) is contravening any provision of this Part or of a regulation or bylaw under this Part.

Adjournment of election proceedings

62  (1) Election proceedings may be adjourned by the presiding election official in accordance with this section if that official considers that the health or safety of persons is at risk, or that the integrity of the proceedings is at risk.

(2) Election proceedings may be adjourned

(a) temporarily to another time on the same day or another time on the same day at another place specified by the presiding election official, or

(b) to a day, time and place to be set by the chief election officer.

(3) The presiding election official must notify the chief election officer as soon as possible of any adjournment and must follow any directions the chief election officer considers appropriate in the circumstances.

(4) While proceedings are adjourned, the presiding election official must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.

(5) The presiding election official must give notice to persons affected by an adjournment as directed by the chief election officer or, in the absence of direction, in any manner the official considers appropriate.

(6) Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.

(7) If voting proceedings are adjourned, the counting of the vote must not be started until the close of voting at the adjourned proceedings.

Exceptional assistance in election proceedings

63  (1) The provisions of this section are exceptions for allowing persons to exercise their rights under this Part in circumstances where they would otherwise be unable to do so.

(2) If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make his or her mark and witness that mark.

(3) If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that he or she is able to make the translation and will do so to the best of his or her abilities.

(4) The obligation to provide a translator rests with the person who is required to make the solemn declaration or provide the information and, if that person does not provide a translator, that person must be considered to have refused to make the solemn declaration or provide the information.

Division 4 — Electors and Registration of Electors

Who may vote at an election

64  (1) In order to vote at an election for a municipality or electoral area, a person

(a) must meet the requirements of section 65 (1) (a) to (e) [resident electors] or 66 (1) (a) to (g) [non-resident property electors] at the time of voting,

(b) must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and

(c) must be registered as an elector of the municipality or electoral area.

(2) The following persons are disqualified from voting at an election:

(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;

(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;

(c) a person who has contravened section 161 (3) [accepting inducements to vote] in relation to the election.

(3) For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.

(4) A person must not vote at an election unless entitled to do so.

Resident electors

65  (1) In order to be registered as a resident elector of a municipality or electoral area, a person must meet all the following requirements on the day of registration:

(a) the person must be

(i)   an individual who is 18 years of age or older on the day of registration, or

(ii)   if an election is in progress for the municipality or electoral area, an individual who will be 18 years of age or older on general voting day for the election;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 67 [rules for determining residence], for at least 6 months immediately before the day of registration;

(d) the person must have been a resident of the municipality or electoral area, as determined in accordance with section 67, for at least 30 days immediately before the day of registration;

(e) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.

(2) If the boundaries of a municipality or electoral area are extended or a new municipality is incorporated, a person is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 days before the person applies for registration as an elector, the person has been a resident, as determined in accordance with section 67, of the area that is included in the municipality or electoral area or that becomes the new municipality.

Non-resident property electors

66  (1) In order to be registered as a non-resident property elector of a municipality or electoral area, a person must meet all the following requirements on the day of registration:

(a) the person must not be entitled to register as a resident elector of the municipality or electoral area;

(b) the person must be

(i)   an individual who is 18 years of age or older on the day of registration, or

(ii)   if an election is in progress for the municipality or electoral area, an individual who will be 18 years of age or older on general voting day for the election;

(c) the person must be a Canadian citizen;

(d) the person must have been a resident of British Columbia, as determined in accordance with section 67, for at least 6 months immediately before the day of registration;

(e) the person must have been a registered owner of real property in the municipality or electoral area for at least 30 days immediately before the day of registration;

(f) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;

(g) the person must not be disqualified under this Act or any other enactment from voting in an election or be otherwise disqualified by law.

(2) A person may register as a non-resident property elector only in relation to one parcel of real property in a municipality or electoral area.

(3) If the boundaries of a municipality or electoral area are extended or if a new municipality is incorporated, a person is deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 days before the person applies for registration as a non-resident property elector, the person has been a registered owner of property within the area that is included in the municipality or electoral area or that becomes the new municipality.

(4) For the purposes of this section, the registered owner of real property means whichever of the following is applicable:

(a) the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (b), (c) or (d);

(b) the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (c) or (d);

(c) the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);

(d) the holder of a registered lease of the property for a term of at least 99 years.

(5) If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a non-resident property elector under this section in relation to the real property.

(6) If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals.

(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the municipality or regional district.

(8) Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the non-resident property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective

(a) for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and

(b) following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.

Rules for determining residence

67  (1) The following rules apply to determine the area in which a person is a resident:

(a) a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;

(b) a person may be the resident of only one area at a time for the purposes of this Part;

(c) a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;

(d) a person does not cease being a resident of an area by leaving the area for temporary purposes only.

(2) As an exception to subsection (1), if

(a) a person establishes for the purposes of attending an educational institution a new area in which the person is a resident, and

(b) the new area is away from the usual area in which the person is a resident,

the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.

When a person may register as an elector

68  (1) A person may register as an elector

(a) at the time of voting in accordance with section 72 [resident elector registration] or 73 [non-resident property elector registration], or

(b) by advance registration in accordance with section 71, if this is available.

(2) If a bylaw under section 76 [Provincial list of voters as register of resident electors] is in effect for a municipality or electoral area, a person entitled to register as a resident elector of the municipality or electoral area may effectively register as such by registering as a voter under the Election Act in sufficient time to have the person's name appear on the Provincial list of voters that becomes, under the bylaw, the register of resident electors for the municipality or electoral area.

Voting day registration only

69  A local government may, by bylaw, limit registration of electors to registration at the time of voting.

Application for registration

70  (1) An application for registration as an elector must include the following information:

(a) in the case of registration as a resident elector,

(i)   the full name of the applicant,

(ii)   the residential address of the applicant, and the mailing address if this is different, and

(iii)   either the birth date or the last 6 digits of the social insurance number of the applicant;

(b) in the case of registration as a non-resident property elector,

(i)   the full name of the applicant,

(ii)   the address or legal description of the real property in relation to which the person is registering and the mailing address of the applicant, and

(iii)   either the birth date or the last 6 digits of the social insurance number of the applicant;

(c) a declaration that the applicant meets the requirements of section 64 (1) (a) and (b) [qualifications for voting] to be registered as an elector;

(d) any other information required by regulation under section 168 [election regulations] to be included.

(2) An application must

(a) be signed by the applicant and by a witness to the signature of the applicant, and

(b) include the residential address of the witness, if this is not a person authorized by the chief election officer or by the designated local government officer.

(3) For the purpose of subsection (1), an address of an applicant that indicates the area in which the applicant is resident within the meaning of section 67 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the municipality or electoral area.

(4) In the case of an application for registration as a non-resident property elector, the application must be accompanied by

(a) proof satisfactory to the person receiving the application that the applicant is entitled to register in relation to the real property referred to in subsection (1) (b), and

(b) if applicable, the written consent from the other registered owners of the real property required by section 66 (6).

How to register in advance

71  (1) If a bylaw under section 69 [voting day registration only] does not apply, advance registration must be available in accordance with this section.

(2) Subject to the closed period under subsection (4), if advance registration is available for a municipality or electoral area, a person may register as an elector by delivering an application and accompanying documents in accordance with section 70

(a) at the local government offices during its regular office hours,

(b) at a special registration opportunity under subsection (6), or

(c) at other times and places authorized by the designated local government officer.

(3) Advance registration required under subsection (1) must be available to both resident electors and non-resident property electors unless deemed registration of resident electors under section 76 [Provincial list of voters as register of resident electors] is in effect.

(4) Advance registration closes 53 days before general voting day and does not reopen until the Monday after the close of general voting, subject to any extension of this closed period in relation to an election under section 152 [runoff election if tie vote after judicial recount].

(5) At least 6 days but not more than 30 days before the start of the closed period under subsection (4), the designated local government officer must give public notice of the close of advance registration in accordance with section 50 [newspaper publication].

(6) For the purpose of encouraging persons to register as electors,

(a) a local government may direct the designated local government officer to arrange an enumeration of the municipality or regional district, and

(b) that officer may arrange other special opportunities for persons to apply to register as electors.

(7) The designated local government officer must ensure that application forms are available from the local government offices during its regular office hours at any time when advance registration as an elector is permitted.

How to register as a resident elector at the time of voting

72  (1) A person may register as a resident elector immediately before voting by

(a) either

(i)   delivering an application in accordance with section 70 [application for registration] to the election official responsible at the place where the person is voting, or

(ii)   providing to that official the information required under that section in the manner established by the chief election officer, and

(b) satisfying that official of the applicant's identity and place of residence in accordance with subsection (2).

(2) For the purposes of subsection (1) (b), an individual may either

(a) produce to the election official at least 2 documents that provide evidence of the applicant's identity and place of residence, at least one of which must contain the applicant's signature, or

(b) produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature, and make a solemn declaration as to the applicant's place of residence within the meaning of section 67 [rules for determining residence].

(3) Documents accepted under subsection (2) must either be documents prescribed as acceptable under section 168 [election regulations] or provide evidence satisfactory to the election official respecting the matter.

(4) The election official registering an elector under this section must note on the application the nature of the documents produced for the purposes of subsection (1) (b).

(5) The election official responsible for receiving applications under subsection (1) is the presiding election official or another election official designated by the presiding election official.

How to register as a non-resident property elector at the time of voting

73  (1) A person may register as a non-resident property elector immediately before voting by

(a) either

(i)   delivering an application in accordance with section 70 [application for registration] to the election official responsible at the place where the person is voting, or

(ii)   providing to that official the information required under that section in the manner established by the chief election officer,

(b) satisfying that official of the applicant's identity in accordance with subsection (2), and

(c) providing to that official the materials described in section 70 (4).

(2) For the purposes of subsection (1) (b), an individual must produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature.

(3) Section 72 (3) to (5) [requirements in relation to registration of resident electors] applies for the purposes of this section.

Effect of registration

74  (1) Unless

(a) a bylaw under section 69 [voting day registration only] applies, or

(b) all or the applicable part of the register of electors is cancelled,

a person registered as an elector continues to be an elector of the municipality or electoral area as long as the person meets the requirements for registration.

(2) If a bylaw under section 69 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.

Register of electors

75  (1) Subject to section 76 [Provincial list of voters as register of resident electors], if advance registration is available for a municipality or electoral area, a register of electors for the municipality or electoral area must be maintained.

(2) The designated local government officer is responsible for maintaining the register of electors.

(3) The register of electors must separately record resident electors and non-resident property electors of the municipality or electoral area and, for each elector, must record the name of the elector and the address or addresses of the elector required to be included on an application under section 70 [application for registration].

(4) For the purposes of recording the address or addresses of a resident elector under subsection (3), the register of electors may record only the residential address of the elector as required to be included on an application under section 70.

(5) For the purposes of maintaining the register of electors, the designated local government officer

(a) must add to the register persons who have registered in accordance with

(i)   section 71 [advance registration],

(ii)   section 72 [registration as resident elector at time of voting], or

(iii)   section 73 [registration as non-resident property elector at time of voting],

(b) may add to the register persons who meet the requirements of section 65 (1) [resident elector qualifications] to be registered as resident electors of the municipality or electoral area, as evidenced by a current Provincial list of voters under the Election Act,

(c) may add to the register persons who meet the requirements of section 65 (1) to be registered as resident electors of the municipality or electoral area, as evidenced by registration under section 172 [who may vote at assent voting],

(d) despite section 74 (2) [time limited registration], for a new register established after a bylaw under section 69 [voting day registration only] ceases to be in force, may add to the register

(i)   persons whose names were included in the previous register, and

(ii)   persons who registered for elections conducted in the municipality or electoral area while the bylaw was in force,

(e) if all or part of a register is cancelled under subsection (8) or section 76, may add to the new register persons whose names were included in the cancelled register,

(f) on evidence satisfactory to that official, may delete from the register the names of persons who have died or who are no longer qualified as electors, and

(g) on evidence satisfactory to that official, may amend the register to show correctly the information to be included in the register.

(6) A person whose name is added to the register under subsection (5) (b), (c), (d) or (e) is deemed to have registered as an elector, as recorded in the register, and section 74 (1) applies to the registration.

(7) The designated local government officer may authorize a person to assist in that officer's duties under this section and may authorize the person to exercise the officer's powers under this section.

(8) The local government or the minister may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register.

Provincial list of voters as register of resident electors

76  (1) Instead of maintaining an ongoing register of resident electors, a local government may, by bylaw, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors.

(2) A bylaw under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before general voting day for any election to which the bylaw applies.

(3) If a bylaw under subsection (1) applies,

(a) any previous register of resident electors of the municipality or electoral area is cancelled, effective at the time the Provincial list of voters becomes the register,

(b) a person who, on the basis of the Provincial list of voters, appears to meet the qualifications to be registered as a resident elector of the municipality or electoral area is deemed to be registered as such an elector, and

(c) the local government may have, but is not required to have, advance registration under section 71 for resident electors.

List of registered electors

77  (1) If a register of electors is required under section 75, the designated local government officer must prepare a list of registered electors for the municipality or electoral area, to be used for the purposes of administering an election.

(2) The list of registered electors must give the names and addresses of all persons included on the register of electors at the time the list is prepared and must indicate whether a person is a resident elector or a non-resident property elector.

(3) From the 46th day before general voting day until the close of general voting, a copy of the list of registered electors as it stands at the beginning of that period must be available for public inspection at the local government offices during its regular office hours.

(4) Before inspecting the list of registered electors, a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the list or use the information included in the list except for the purposes of this Part.

(5) The designated local government officer must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.

(6) At least 6 days but not more than 30 days before the first day on which the list of registered electors is required to be available under subsection (3), notice must be given in accordance with section 50 [newspaper publication] that

(a) a copy of the list of registered electors will be available for public inspection at the local government offices during its regular office hours from the date specified in the notice until the close of general voting for the election,

(b) an elector may request that personal information respecting the elector be omitted from or obscured on the list in accordance with section 78 [protection of privacy], and

(c) an objection to the registration of a person as an elector may be made in accordance with section 79 [objection to elector registration] before 4 p.m. on the 36th day before general voting day.

(7) The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under section 79 have been dealt with.

(8) Each person who has been nominated in accordance with section 89 [nomination by delivery of nomination documents] is entitled, for use by the person for the purposes of the election, to

(a) one copy of the list of registered electors without charge, and

(b) on payment to the municipality or regional district of the reasonable costs of reproduction, other copies as requested by the person.

(9) Before receiving a list of registered electors, a person referred to in subsection (8) must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.

(10) Despite section 95 (3) of the Community Charter and section 27 (7) of the Interpretation Act, a person who is entitled to inspect a copy of the list of registered electors under subsection (3) of this section is not entitled to obtain a copy of the list.

Protection of privacy

78  If requested by an elector in order to protect the privacy or security of the elector, the chief election officer must amend a list of registered electors that is to be available for public inspection, or that is to be provided under section 77 (8) [list provided to candidates], by omitting or obscuring the address of the elector or other information about the elector.

Objection to elector registration

79  (1) The registration of a person whose name appears on the list of registered electors under section 77 (3) may be objected to in accordance with this section.

(2) An objection must be received by the designated local government officer, or a person authorized for this purpose by that officer, before 4 p.m. on the 36th day before general voting day.

(3) An objection may be made only by a person entitled to be registered as an elector of the municipality or electoral area for which the registration is questioned.

(4) An objection may be made only on the basis

(a) that the person whose name appears has died, or

(b) that, at the time of the objection, the person is not qualified to be registered as an elector of the municipality or electoral area.

(5) An objection must be made in writing, signed by the person making it and include the following:

(a) the name and address, as shown in the list of registered electors, of the person against whose registration the objection is made;

(b) the basis of the objection, including a statement of the facts that the objector believes support this;

(c) the name and address of the person making the objection.

(6) On receiving an objection, the designated local government officer must make a reasonable effort to notify the person against whom the objection is made of

(a) the objection,

(b) the name of the person who made the objection, and

(c) the basis on which the objection is made.

Resolving objections to registration

80  (1) An objection under section 79 on the basis of death must be resolved by the designated local government officer in accordance with the following:

(a) that official must have a search made of the records under the Vital Statistics Act;

(b) if a record of death is found and that official is satisfied that it applies to the person whose registration is being objected to, that official must remove the person's name from the register of electors;

(c) if a record of death is not found and that official is unable to contact the person, the official must proceed in accordance with subsection (2) (c) and (d).

(2) An objection on the basis that a person is not entitled to be registered as an elector must be resolved by the designated local government officer in accordance with the following:

(a) if, after receiving notice of the objection, the person provides proof satisfactory to that official of the person's entitlement to be registered or makes a solemn declaration as to that entitlement, the person's name is to stay on the register of electors;

(b) if, after receiving notice of the objection, the person does not provide proof of entitlement or make a solemn declaration as to entitlement, that official must remove the person's name from the register of electors;

(c) if that official is unable to contact the person, that official must require the person who made the objection to provide proof satisfactory to that official of the basis of the objection and, if this is done, must remove the name from the register of electors;

(d) if the person who made the objection does not provide satisfactory proof as required by paragraph (c), the name is to stay on the register of electors.

Division 5 — Qualifications for Office

Who may hold office on a local government

81  (1) A person is qualified to be nominated for office, and to be elected to and hold office, on a local government if at the relevant time the person meets all the following requirements:

(a) the person must be an individual who is, or who will be on general voting day for the election, 18 years of age or older;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 67, for at least 6 months immediately before the relevant time;

(d) the person must not be disqualified under this Act or any other enactment from being nominated for, being elected to or holding the office, or be otherwise disqualified by law.

(2) Without limiting subsection (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office on a local government:

(a) a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court;

(b) a person who is disqualified under section 82 as an employee of a local government, except as authorized under that section;

(c) a person who is disqualified under any of the following provisions of this Act, including as the provisions apply under section 6 (6) [application to trustees] of the Islands Trust Act:

(i)   section 202 (4) [failure to make oath or affirmation of office];

(ii)   section 204 (1) [unexcused absence from board meetings];

(d) a person who is disqualified under any of the following provisions of the Community Charter:

(i)   Division 6 [Conflict of Interest] of Part 4 [Public Participation and Council Accountability], including as it applies under section 205 (1) [application to regional district directors] of this Act and under section 6 (7) [application to trustees] of the Islands Trust Act;

(ii)   section 120 (1.1) [failure to make oath of office];

(iii)   section 125 (5) [unexcused absence from council meetings];

(iv)   section 191 (3) [unauthorized expenditures];

(e) a person who is disqualified under any of the provisions referred to in paragraph (c) or (d) as the provision applies under another enactment;

(f) a person who is disqualified from holding office on the council of the City of Vancouver under any of the provisions of the Vancouver Charter referred to in section 38 (2) (c) or (d) [disqualifications from holding office] of that Act;

(g) a person who is disqualified from holding office under

(i)   Division 18 [Election Offences] of this Part as it applies to elections or voting under this Act or any other Act, or

(ii)   Division (17) of Part I of the Vancouver Charter as it applies to elections or voting under that Act or any other Act;

(h) a person who is disqualified under the Local Elections Campaign Financing Act from holding office on a local authority;

(i) a person who is disqualified under any other enactment.

Disqualification of local government employees

82  (1) For the purposes of this section, "employee" means

(a) an employee or salaried officer of a municipality or regional district, or

(b) a person who is within a class of persons deemed by regulation under section 168 [election regulations] to be employees of a specified municipality or regional district,

but does not include a person who is within a class of persons excepted by regulation under section 168.

(2) Unless the requirements of this section are met, an employee of a municipality is disqualified from being nominated for, being elected to or holding office

(a) as a member of the council of the municipality, or

(b) as a member of the board of the regional district in which the municipality is located.

(3) Unless the requirements of this section are met, an employee of a regional district is disqualified from being nominated for, being elected to or holding office

(a) as a member of the board of the regional district, or

(b) as a member of the council of a municipality, including the City of Vancouver, that is within the regional district.

(4) Before being nominated for an office to which subsection (2) or (3) applies, the employee must give notice in writing to his or her employer of the employee's intention to consent to nomination.

(5) Once notice is given under subsection (4), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,

(a) begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and

(b) ends, as applicable,

(i)   if the person is not nominated before the end of the nomination period, on the day after the end of that period,

(ii)   if the person withdraws as a candidate in the election, on the day after the withdrawal,

(iii)   if the person is declared elected, on the day the person resigns in accordance with subsection (8) or on the last day for taking office before the person is disqualified for a failure to take the oath of office within the time specified by an enactment that applies to the person,

(iv)   if the person is not declared elected and an application for judicial recount is not made, on the last day on which an application for a judicial recount may be made, or

(v)   if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.

(6) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (5).

(7) Sections 54 [duties of employer in relation to leave] and 56 [employment deemed continuous while on leave] of the Employment Standards Act apply to a leave of absence under this section.

(8) Before making the oath of office, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer.

(9) At the option of the employee, a resignation under subsection (8) may be conditional on the person's election not being declared invalid on an application under section 153 [application to court respecting validity of election].

Only one elected office at a time in the same local government

83  (1) At any one time a person may not hold more than one elected office in the same local government.

(2) At any one time a person may not be nominated for more than one elected office in the same local government.

(3) A current member of a local government may not be nominated for an election under section 54 [by-elections] for another office in the same local government unless the person resigns from office within 14 days after the day on which the chief election officer is appointed.

Division 6 — Nomination of Candidates

Nomination period

84  (1) The period for receiving nominations begins at 9 a.m. on the 46th day before general voting day and ends at 4 p.m. on the 36th day before general voting day.

(2) If the first day of the nomination period would otherwise fall on a holiday, the nomination period begins on the next day that is not a holiday.

(3) If the last day of the nomination period would otherwise fall on a holiday, the nomination period ends on the last day before that day that is not a holiday.

Notice of nomination

85  (1) At least 6 days but not more than 30 days before the nomination period begins, the chief election officer must issue a notice of nomination under this section in accordance with section 50 [newspaper publication].

(2) The notice must include the following information:

(a) the offices for which candidates are to be elected;

(b) the dates, times and places at which nominations will be received;

(c) how interested persons can obtain information on the requirements and procedures for making a nomination;

(d) any other information required to be included by regulation under section 168 [election regulations].

(3) The notice may include any other information the chief election officer considers appropriate.

(4) The chief election officer may provide for additional notice of the call for nominations to be given to the public.

Nomination of candidates

86  (1) A nomination for office as a member of a local government must be made in accordance with section 87, separately for each candidate,

(a) by at least 2 qualified nominators of the municipality or electoral area for which the nomination is made, or

(b) if a bylaw under subsection (2) of this section applies, by at least the minimum number of such persons as set by the bylaw.

(2) A local government may, by bylaw, set the minimum number of qualified nominators as follows:

(a) in relation to a municipality or electoral area that has a population of 5 000 or more, the minimum number of qualified nominators may be set at either 10 or 25;

(b) in relation to a municipality or electoral area that has a population of less than 5 000, the minimum number of qualified nominators may be set at 10.

(3) In order to be qualified as a nominator, a person

(a) must be an elector of the municipality or electoral area for which the nomination is made, and

(b) in the case of a nomination for an office to be filled on a neighbourhood constituency basis, must also be qualified as a resident elector or non-resident property elector in relation to the area of the neighbourhood constituency.

(4) A person may subscribe as nominator to as many nomination documents as, but not more than, the number of persons who are to be elected to fill the office for which the election is being held.

(5) Even if one or more of the nominators are not qualified in accordance with this section, a nomination is valid as long as the nomination is made by at least the minimum number of qualified nominators.

Nomination documents

87  (1) A nomination for local government office must be in writing and must include the following:

(a) the full name of the person nominated;

(b) the usual name of the person nominated, if the full name of the person is different from the name the person usually uses and the person wishes to have his or her usual name on the ballot instead;

(c) the office for which the person is nominated;

(d) the residential address of the person nominated, and the mailing address if this is different;

(e) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector;

(f) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 81 [who may hold office on a local government] to be nominated.

(2) For a nomination to be accepted for filing, a nomination must be accompanied by the following:

(a) a statement signed by the person nominated consenting to the nomination;

(b) a solemn declaration in accordance with subsection (3) of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered;

(c) as applicable, a signed declaration of the person nominated

(i)   that the person is acting as his or her own financial agent, or

(ii)   identifying the person who is appointed under the Local Elections Campaign Financing Act to act as financial agent for the person nominated;

(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.

(3) For the purposes of subsection (2) (b), the person nominated must make a solemn declaration

(a) that he or she is qualified under section 81 to be nominated for the office,

(b) that, to the best of the person's knowledge and belief, the information provided in the nomination documents is true,

(c) that the person fully intends to accept the office if elected, and

(d) that the person

(i)   is aware of the Local Elections Campaign Financing Act,

(ii)   understands the requirements and restrictions that apply to the person under that Act, and

(iii)   intends to fully comply with those requirements and restrictions.

(4) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.

Nomination deposits

88  (1) The local government may, by bylaw, require that a nomination for mayor, councillor or electoral area director be accompanied by a nomination deposit.

(2) The amount of a required nomination deposit may be different for the different offices referred to in subsection (1), but must not be greater than $100.

(3) A nomination deposit must be held by the chief election officer to be dealt with as follows:

(a) if the person nominated is not declared to be a candidate under section 97 [declaration of candidates], the deposit is to be returned to the person or to the financial agent for the person;

(b) in the case of a person declared to be a candidate, if the candidate disclosure statement required under the Local Elections Campaign Financing Act for the person is filed in accordance with section 47 (1) [time limit for filing on time] of that Act, the deposit is to be returned to the person or the financial agent for the person;

(c) in the case of a person declared to be a candidate, the deposit is to be returned to the person or the financial agent for the person if the required candidate disclosure statement is not filed as referred to in paragraph (b), but

(i)   an application for relief in relation to the disclosure statement is made under Division 2 [Court Orders for Relief in Relation to Disclosure Requirements] of Part 6 of the Local Elections Campaign Financing Act,

(ii)   the court provides relief in relation to forfeiture of the deposit, and

(iii)   if applicable, there is compliance with the court order;

(d) in other cases, the deposit is forfeited and is to be paid to the local government.

Nomination by delivery of nomination documents

89  (1) In order to make a nomination,

(a) the nomination documents required by section 87, and

(b) if applicable, the nomination deposit required under section 88

must be received before the end of the nomination period by the chief election officer or a person designated by the chief election officer for this purpose.

(2) The obligation to ensure that the nomination documents and nomination deposit are received in accordance with this section rests with the person being nominated.

(3) For the purposes of subsection (1), the nomination documents and nomination deposit

(a) must be received at the local government offices during its regular office hours, and

(b) may be received at other times and places as specified by the chief election officer.

(4) Nomination documents may be delivered

(a) by hand, by mail or by other delivery service, or

(b) by fax or email, with originals to follow.

(5) If the originals of nomination documents delivered by fax or email are not received by the chief election officer before the end of the 29th day before general voting day, the person nominated is deemed to have withdrawn from being a candidate in the election.

(6) After receiving nomination documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 91 (5) [challenge required if candidate appears to be disqualified] of this Act.

(7) Nomination documents delivered to the chief election officer

(a) must be available for public inspection in the local government offices during its regular office hours from the time of delivery until 30 days after the declaration of the election results under section 146, and

(b) if a bylaw under subsection (8) applies, must be made available to the public in accordance with the bylaw.

(8) A local government may, by bylaw, provide for public access to nomination documents, during all or part of the period referred to in subsection (7) (a), in any manner the local government considers appropriate, including by the internet or other electronic means.

(9) A person who inspects or otherwise accesses nomination documents under this section must not use the information included in them except for the purposes of this Act or purposes authorized by section 63 [restrictions on use of personal information] of the Local Elections Campaign Financing Act.

Other information to be provided by candidate

90  (1) A person who is nominated for local government office must, before the end of the nomination period, provide the following to the chief election officer:

(a) a telephone number at which the person may be contacted;

(b) an email address at which the person may be contacted, unless the person does not have such an address;

(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the person;

(d) as applicable,

(i)   a statement that the person is acting as his or her own financial agent, or

(ii)   the information and material required under section 17 (5) [candidate financial agent appointment documents] of the Local Elections Campaign Financing Act;

(e) any other information or material required by regulation under section 168 [election regulations].

(2) If the information and material required under subsection (1) are not received by the chief election officer before the end of the nomination period, the person nominated is deemed to have withdrawn from being a candidate in the election.

(3) If there is any change in the information or related material required to be provided under subsection (1), the person nominated must provide updated information and material as follows:

(a) to the chief election officer if the change occurs before the declaration of the results of the election;

(b) to the BC chief electoral officer if the change occurs after the declaration of those results.

Challenge of nomination

91  (1) A nomination may be challenged only by an application to the Provincial Court in accordance with this section.

(2) The time period during which a challenge may be made is between the time of the delivery of the nomination documents in accordance with section 89 and 4 p.m. on the 4th day after the end of the nomination period.

(3) A challenge may be made only by

(a) a person who is an elector of the municipality or electoral area for which the election is being held,

(b) another nominee in the same election, or

(c) the chief election officer.

(4) A challenge may be made only on one or more of the following bases:

(a) that the person is not qualified to be nominated or elected;

(b) that the nomination was not made in accordance with sections 86 to 89;

(c) that the usual name given under section 87 (1) (b) in the nomination documents is not in fact the usual name of the person.

(5) The chief election officer must commence a challenge under this section if, on a review under section 89 (6) [review of disqualification list], it appears to the chief election officer that a person is disqualified from being nominated.

(6) The document filed with the court to commence a challenge must briefly set out the facts on which the challenge is based and must be supported by affidavit as to those facts.

(7) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the court to give its decision on the matter within the time limit set by subsection (9).

(8) The person making a challenge must

(a) immediately give notice of the challenge to the chief election officer and the person whose nomination is challenged, and

(b) within 24 hours of filing the document commencing the application, serve on these persons that document, the accompanying affidavit and a notice of the time set for the hearing.

(9) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,

(a) confirming the person as a candidate or declaring that the person is no longer a candidate, or

(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot.

(10) The court may order that the costs of a challenge, within the meaning of the Supreme Court Civil Rules, be paid in accordance with the order of the court.

(11) The decision of the court on a challenge under this section is final and may not be appealed.

Division 7 — Candidate Endorsement by Elector Organization

Candidate endorsement by elector organization may be included on ballot

92  (1) Subject to this section, an incorporated or unincorporated organization may endorse a candidate in an election and have that endorsement included on the ballot for the election if

(a) the organization makes the endorsement in accordance with section 93,

(b) the candidate consents to the endorsement, and

(c) the organization complies with section 94 (1) [other information to be provided by elector organization].

(2) To be qualified to endorse a candidate, an organization

(a) must have a membership that, at the time the solemn declaration under section 93 (1) (c) is made, includes at least 50 electors of the municipality or regional district for which the election is being held, and

(b) must not be disqualified under this Act, the Local Elections Campaign Financing Act or any other Act from endorsing a candidate.

(3) An organization must not endorse more candidates in an election for a particular office than there are positions to be filled for that office.

(4) A candidate must not consent to endorsement by more than one organization in relation to the same election for the same office.

Endorsement documents

93  (1) An organization must file the following with the chief election officer before the end of the nomination period in order to endorse a candidate:

(a) a statement of the following:

(i)   the full name of the candidate to be endorsed by the elector organization and, if applicable, the usual name that is to be used on the ballot;

(ii)   the legal name of the organization, if applicable;

(iii)   the usual name of the organization, if this is different from its legal name or if it has no legal name;

(iv)   any abbreviations, acronyms and other names used by the elector organization;

(v)   subject to the restrictions in subsection (3), which name, abbreviation or acronym the elector organization wishes to have included on the ballot;

(vi)   the mailing address for the organization;

(b) written consent of the candidate to the endorsement;

(c) a solemn declaration of the authorized principal official of the organization in accordance with subsection (2) and any applicable regulations;

(d) any other information or material required to be provided by regulation under section 168 [election regulations].

(2) For the purposes of subsection (1) (c), the authorized principal official of the organization must make a solemn declaration that, to the best of the knowledge and belief of the official, the organization

(a) has a membership of at least 50 electors of the municipality or regional district for which the election is being held,

(b) is not disqualified from endorsing a candidate,

(c) is aware of the Local Elections Campaign Financing Act,

(d) understands the requirements and restrictions that apply to the organization under the Local Elections Campaign Financing Act,

(e) intends to fully comply with the requirements and restrictions referred to in paragraph (d) of this subsection, and

(f) has authorized the official to make the solemn declaration.

(3) The name, abbreviation or acronym referred to in subsection (1) (a) (v) must not

(a) include any matter that is prohibited by section 115 [what must and must not be included on a ballot] from being included on the ballot, or

(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another elector organization whose endorsement of a candidate appeared on a ballot at the preceding general local election, or at an election after that general local election, as to be confusing to the electors.

(4) If an organization is filing endorsement documents

(a) for more than one candidate in the same election, or

(b) in multiple elections being held at the same time for the same jurisdiction,

a solemn declaration under subsection (1) (c) may be made in relation to any or all of those candidates.

(5) After receiving endorsement documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 96 (5) [challenge required if organization appears to be disqualified] of this Act.

(6) Section 89 (7) to (9) [public access to nomination documents] applies in relation to endorsement documents.

Other information to be provided by elector organization

94  (1) For endorsement documents to be accepted for filing, the organization must provide the following to the chief election officer before the end of the nomination period:

(a) a telephone number at which the organization can be contacted;

(b) an email address at which the organization can be contacted, unless the organization does not have such an address;

(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the organization;

(d) the information and material required under section 19 (4) [elector organization information respecting financial agent] of the Local Elections Campaign Financing Act;

(e) the information and material required under section 21 [responsible principal officials and authorized principal official of elector organization] of the Local Elections Campaign Financing Act;

(f) any other information or material required to be included by regulation under section 168 [election regulations] of this Act.

(2) If there is any change in the information or material required to be provided under subsection (1), an elector organization must provide updated information or material as follows:

(a) to the chief election officer if the change happens before the end of general voting day for the applicable election;

(b) to the BC chief electoral officer if the change happens after that general voting day.

Withdrawal of endorsement on ballot

95  An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the 29th day before general voting day,

(a) the candidate withdraws his or her consent to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time, or

(b) the elector organization withdraws its endorsement of the candidate by delivering to the chief election officer by that time a written withdrawal signed by the authorized principal official of the elector organization.

Challenge of elector organization endorsement

96  (1) The endorsement of a candidate under this Division may be challenged only by an application to the Provincial Court in accordance with this section.

(2) The time period during which a challenge may be made is between the time of the filing of the endorsement documents in accordance with section 93 [endorsement documents] and 4 p.m. on the 4th day after the end of the nomination period.

(3) A challenge may be made only by

(a) a person who is an elector of the municipality or electoral area for which the election is being held,

(b) a person nominated as a candidate in the same election as the election in relation to which the endorsement documents were filed or in another election being held at the same time for the same municipality or electoral area, or

(c) the chief election officer.

(4) A challenge may be made only on one or more of the following bases:

(a) that the organization is not qualified to be an elector organization under section 92 [candidate endorsement by elector organization];

(b) that the endorsement was not made in accordance with section 93;

(c) that section 92 (3) or (4) [limits on candidates to be endorsed and limits on consenting to endorsement] was contravened.

(5) The chief election officer must commence a challenge under this section if, on a review under section 93 (5) [review of disqualification list], it appears to the chief election officer that the organization named in the endorsement documents is not qualified to endorse a candidate.

(6) Section 91 (6), (7), (10) and (11) [challenge of nomination] applies in relation to a challenge under this section.

(7) The person making a challenge must

(a) immediately give notice of the challenge to the chief election officer, the organization whose endorsement is being challenged and the candidates endorsed by that organization, and

(b) within 24 hours of filing the document commencing the challenge, serve on these persons that document, the accompanying affidavit and a notice of the time set for the hearing.

(8) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,

(a) declaring that the organization has not endorsed a candidate, or

(b) declaring that the organization named in the endorsement documents is or is not qualified to endorse a candidate.

Division 8 — Declaration of Candidates

Declaration of candidates

97  (1) Immediately following the end of the nomination period, the chief election officer must declare as candidates for an elected office all persons who have been nominated for the office.

(2) If there are fewer persons declared as candidates than there are to be elected, additional nominations must be received by the chief election officer from the time of the declaration under subsection (1) up until 4 p.m. on the 3rd day after the end of the nomination period.

(3) If reasonably possible, the chief election officer must give notice to the public of an extended time for receiving nominations under subsection (2).

(4) At the end of the time for receiving additional nominations under subsection (2), the chief election officer must declare as candidates for an elected office all additional persons who have been nominated for the office.

Declaration of election by voting or acclamation

98  (1) At 4 p.m. on the Monday following the last day for determining a challenge under section 91 [challenge of nomination], the chief election officer must declare the election in accordance with this section.

(2) If there are more candidates for an office than there are to be elected for the office, the chief election officer must declare that an election by voting is to be held.

(3) If no more candidates for an office are nominated than there are to be elected for that office, the chief election officer must declare the candidate or candidates elected by acclamation.

Notice of election by voting

99  (1) At least 6 days but not more than 30 days before general voting day for an election by voting under section 98 (2), the chief election officer must issue a notice of election in accordance with section 50 [newspaper publication].

(2) The notice must include the following information:

(a) the offices for which persons are to be elected;

(b) the usual names and residential addresses of the candidates for each office;

(c) the date of general voting day, the voting places for required general voting opportunities and the voting hours for those places;

(d) the documents that will be required in order for a person to register as an elector at the time of voting;

(e) if applicable, information required to be included under section 53 (6) regarding neighbourhood constituencies or section 113 (5) regarding municipal voting divisions.

(3) The notice may also include any other information the chief election officer considers appropriate.

(4) The chief election officer may provide for additional notice of the election to be given to the public.

(5) For the purposes of including the residential address of a candidate in a notice under this section, an address that indicates the municipality or electoral area in which the candidate is resident is sufficient.

(6) If requested by a candidate in sufficient time to reasonably have this done, the residential address of the candidate included in a notice under this section must be limited to the municipality or electoral area in which the candidate is resident.

Appointment if insufficient number of candidates are elected

100  (1) If there are fewer candidates declared elected by acclamation under section 98 than there are to be elected, the local government must appoint a person to each vacant office,

(a) in the case of a general local election, within 30 days after the first meeting of the local government at which the persons elected in the election are holding office, and

(b) in any other case, within 30 days after the first meeting of the local government after the declaration of the election results.

(2) If a local government fails to make an appointment required by subsection (1), or if there is no quorum of the local government able to make the appointment, the minister must appoint a person to each vacant office.

(3) A person appointed under this section

(a) must be qualified under section 81 to hold the office, and

(b) must reside in the municipality, electoral area or neighbourhood constituency, as applicable, at the time of appointment.

(4) A person appointed as a member of a local government under this section or any other provision of this Act has the same rights, duties and powers as a person elected as a member.

(5) An enactment that applies to an elected member of a local government applies to a person appointed under this section in the same manner as if the person had been elected at the election in relation to which the appointment is made.

Division 9 — Candidates and Representatives

Withdrawal, death or incapacity of candidate

101  (1) At any time up until 4 p.m. on the 29th day before general voting day, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity.

(2) After the time referred to in subsection (1), a candidate may withdraw only by delivering to the chief election officer a signed request to withdraw and receiving the approval of the minister.

(3) For the purposes of subsection (2), the chief election officer must notify the minister of a request to withdraw as soon as practicable after receiving it.

(4) The chief election officer must notify the minister if, between the declaration of an election by voting under section 98 (2) and general voting day for the election,

(a) a candidate dies, or

(b) in the opinion of the chief election officer, a candidate is incapacitated to an extent that will prevent the candidate from holding office.

(5) On approving a withdrawal under subsection (2) or being notified under subsection (4), the minister may order

(a) that the election is to proceed, subject to any conditions specified by the minister, or

(b) that the original election is to be cancelled and that a new election is to be held in accordance with the directions of the minister.

Appointment of candidate representatives

102  (1) A candidate may appoint

(a) one individual to act as official agent of the candidate, to represent the candidate from the time of appointment until the final determination of the election or the validity of the election, as applicable, and

(b) scrutineers, to represent the candidate by observing the conduct of voting and counting proceedings for the election.

(2) An appointment as a candidate representative must

(a) be made in writing and signed by the person making the appointment,

(b) include the name and address of the person appointed, and

(c) be delivered to the chief election officer or a person designated by the chief election officer for this purpose as soon as practicable after the appointment is made.

(3) An appointment as a candidate representative may be rescinded only in the same manner as the appointment was made.

(4) An appointment of an official agent may include a delegation of the authority to appoint scrutineers.

(5) If notice is to be served or otherwise given under this Part to a candidate, it is sufficient if the notice is given to the official agent of the candidate.

Presence of candidate representatives at election proceedings

103  (1) A candidate representative present at a place where election proceedings are being conducted must

(a) carry a copy of the person's appointment under section 102,

(b) before beginning duties at the place, show the copy of the appointment to the presiding election official or an election official specified by the presiding election official, and

(c) show the copy of the appointment to an election official when requested to do so by the official.

(2) The presiding election official may designate one or more locations at a place where election proceedings are being conducted as locations from which candidate representatives may observe the proceedings and, if this is done, the candidate representatives must remain in those locations.

(3) The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in relation to an election.

Division 10 — Voting Opportunities

Voting opportunities for electors

104  An elector who meets the applicable qualifications may vote in an election at one of the following voting opportunities:

(a) on general voting day at a required general voting opportunity or at an additional general voting opportunity, if any;

(b) at a required advance voting opportunity or at an additional advance voting opportunity, if any;

(c) at a special voting opportunity, if any;

(d) by mail ballot, if this is available for the election.

Required general voting opportunities

105  (1) As soon as practicable after the declaration of an election by voting, the chief election officer must designate voting places for general voting day.

(2) If neighbourhood constituencies or municipal voting divisions are established, the chief election officer must specify which of the voting places under subsection (1) is to be used on general voting day for each neighbourhood constituency or municipal voting division.

(3) The voting places under subsection (1) must be open on general voting day from 8 a.m. to 8 p.m. to all electors entitled to vote, subject to the restrictions regarding where a person may vote if municipal voting divisions or neighbourhood constituencies are established.

Additional general voting opportunities

106  (1) A local government may, by bylaw,

(a) establish or authorize the chief election officer to establish additional voting opportunities for general voting day, and

(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.

(2) As a limit on subsection (1), the voting hours established for an additional general voting opportunity must not extend later than 8 p.m. on general voting day.

(3) The chief election officer must give notice of an additional general voting opportunity in any manner the chief election officer considers appropriate.

(4) The notice under subsection (3) must include the date, place and voting hours for the voting opportunity.

Required advance voting opportunities

107  (1) At least 2 advance voting opportunities must be held for an election by voting,

(a) one on the 10th day before general voting day, and

(b) the other on another date which the local government must establish by bylaw.

(2) As an exception to subsection (1) in relation to a municipality or electoral area with a population of 5 000 or less, the local government may, by bylaw, provide that the advance voting opportunity referred to in subsection (1) (b) is not to be held for the municipality or electoral area.

(3) Voting hours for the required advance voting opportunities must be from 8 a.m. to 8 p.m.

(4) As soon as practicable after the declaration of an election by voting, the chief election officer must designate voting places for the required advance voting opportunities.

(5) At least 6 days but not more than 30 days before a required advance voting opportunity, the chief election officer must give notice in accordance with section 50 [newspaper publication] of

(a) the date, location of the voting places and voting hours for the voting opportunity, and

(b) the documents that will be required in order for a person to register as an elector at the time of voting.

Additional advance voting opportunities

108  (1) A local government may, by bylaw,

(a) establish, or authorize the chief election officer to establish, dates for additional voting opportunities in advance of general voting day, and

(b) designate, or authorize the chief election officer to designate, the voting places and set the voting hours for these voting opportunities.

(2) The chief election officer must give notice of an additional advance voting opportunity in any manner the chief election officer considers appropriate.

(3) The notice under subsection (2) must include the date, place and voting hours for the voting opportunity.

Special voting opportunities

109  (1) In order to give electors who may otherwise be unable to vote an opportunity to do so, a local government may, by bylaw, establish one or more special voting opportunities under this section.

(2) A bylaw under subsection (1) may do one or more of the following for each special voting opportunity:

(a) for the purpose referred to in subsection (1), establish restrictions on persons who may vote at the special voting opportunity;

(b) establish procedures for voting and for conducting the voting proceedings that differ from those established under other provisions of this Part;

(c) limit, or authorize the chief election officer to limit, the number of candidate representatives who may be present at the special voting opportunity;

(d) establish, or authorize the chief election officer to establish, the date and voting hours when and the place where the special voting opportunity is to be conducted.

(3) At least one candidate representative is entitled to be present at a special voting opportunity for the election, with that candidate representative chosen by agreement of the candidates for that election or, failing such agreement, by the chief election officer.

(4) The voting hours established under subsection (2) (d) for a special voting opportunity must not extend later than 8 p.m. on general voting day.

(5) A special voting opportunity may be conducted at a location outside the boundaries of the municipality or electoral area for which the election is being held.

(6) The chief election officer must give notice of a special voting opportunity in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote at it.

(7) The notice of a special voting opportunity must include the following:

(a) the date, the location and the voting hours for the special voting opportunity;

(b) any restrictions on who may vote at the special voting opportunity;

(c) any special procedures involved.

Mail ballot voting

110  (1) Subject to this section and any regulations under section 168 [election regulations], a local government may, by bylaw, permit voting to be done by mail ballot and, in relation to this, may permit elector registration to be done in conjunction with this voting.

(2) For a municipality, the only electors who may be permitted to vote by mail ballot are

(a) persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity, and

(b) persons who expect to be absent from the municipality on general voting day and at the times of all advance voting opportunities.

(3) For a regional district, the only electors who may be permitted to vote by mail ballot are

(a) persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity,

(b) if, for this purpose, a bylaw under subsection (1) specifies an area on the basis that it is remote from the voting places at which persons who reside in the specified area are entitled to vote, persons who reside in that specified area, and

(c) persons who expect to be absent from the regional district on general voting day and at the times of all advance voting opportunities.

(4) A bylaw under subsection (1) may

(a) establish procedures for voting and registration that differ from those established under other provisions of this Part, and

(b) establish, or authorize the chief election officer to establish, time limits in relation to voting by mail ballot.

(5) The chief election officer must give notice of an opportunity to vote by mail ballot in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote by this means.

(6) The procedures for voting by mail ballot must require the chief election officer to keep sufficient records so that challenges of an elector's right to vote may be made in accordance with the intent of section 126 [challenge of elector].

(7) Mail ballot packages must contain the following:

(a) the ballot or ballots to which an elector is entitled;

(b) a secrecy envelope that has no identifying marks, in which the ballots are to be returned;

(c) a certification envelope on which is printed the information referred to in subsection (8) for completion by the person voting, in which the secrecy envelope is to be placed;

(d) an outer envelope on which is printed the address of the chief election officer at the local government offices and in which the envelopes under paragraphs (b) and (c) and, if applicable, the registration application under paragraph (e) are to be returned;

(e) if permitted by the bylaw under subsection (1), an application for registration as an elector, to be completed if necessary and returned in the outer envelope;

(f) instructions as to how to vote by mail ballot.

(8) The certification envelope must be printed

(a) with spaces in which the person voting is to record his or her full name and residential address, and

(b) with a statement to be signed by the person voting declaring that the person

(i)   is entitled to be registered as an elector for the election,

(ii)   is entitled to vote by mail ballot, and

(iii)   has not previously voted in the election and will not afterwards vote again in the election.

(9) In order to be counted for an election, a mail ballot must be received by the chief election officer before the close of voting on general voting day and it is the obligation of the person applying to vote by mail ballot to ensure that the mail ballot is received by the chief election officer within this time limit.

Division 11 — Arrangements for Voting

Voting places

111  (1) So far as reasonably possible, voting places must be easily accessible to persons who have a physical disability or whose mobility is impaired.

(2) A voting place for a required general voting opportunity must not be outside the boundaries of the municipality or electoral area for which the election is being held unless one of the following circumstances applies:

(a) at least one voting place for that voting opportunity is within the boundaries;

(b) there are no facilities as described in subsection (1) available within the boundaries, or there are facilities outside the boundaries that are more accessible as described in that subsection;

(c) the chief election officer considers that the location will be more convenient for a majority of electors of the municipality or electoral area.

(3) A voting place for an additional general voting opportunity or for an advance voting opportunity may be outside the boundaries of the municipality or electoral area for which the election is being held.

Use of voting machines

112  (1) A local government may, by bylaw, provide for the use of automated voting machines, voting recorders or other devices for voting in an election, subject to any requirements, limits and conditions established by regulation under section 168 [election regulations].

(2) A bylaw under subsection (1) must include the following:

(a) procedures for how to vote, to be used in place of those established by section 129 [how to vote by ballot];

(b) the form of ballot, if this is to be different from the form of ballot otherwise required by this Act;

(c) procedures, rules and requirements regarding the counting of votes, if these are to be different from those established by Division 14 [Counting of the Votes] of this Part.

(3) If a bylaw under subsection (1) includes only provisions referred to in subsection (2), to the extent there is an inconsistency between the procedures, rules and requirements established by the bylaw and the procedures, rules and requirements established under this Part, the bylaw prevails.

(4) If a bylaw under subsection (1) includes provisions other than those referred to in subsection (2) and is approved by the minister, to the extent that there is an inconsistency between the procedures, rules and requirements established by the bylaw and the procedures, rules and requirements established under this Part, the bylaw prevails.

Municipal voting divisions

113  (1) A council may, by bylaw,

(a) establish municipal voting divisions, or

(b) authorize the designated municipal officer or chief election officer to establish municipal voting divisions.

(2) The authority under subsection (1) is subject to any requirements, limits and conditions established by regulation under section 168 [election regulations].

(3) Subject to subsection (4), if municipal voting divisions are established,

(a) electors who reside in a municipal voting division, and

(b) electors who are non-resident property electors in relation to property within the voting division

may vote on general voting day only at the voting place specified for that voting division.

(4) The restriction under subsection (3) does not apply to voting at an additional general voting opportunity or a special voting opportunity.

(5) The notice of election under section 99 [notice of election by voting] must include the following additional information if municipal voting divisions are established:

(a) that municipal voting divisions will be used in the election;

(b) that electors residing in a municipal voting division or who are non-resident property electors in relation to property within that voting division will be entitled to vote on general voting day only at the voting place specified for the voting division unless they are voting at an additional general voting opportunity or a special voting opportunity, if any is offered;

(c) either

(i)   the boundaries of each municipal voting division and the voting place for each division, or

(ii)   how electors can obtain information as to where they are entitled to vote on general voting day.

(6) The chief election officer may provide additional notice to electors in a municipal voting division of the voting place where they are entitled to vote.

Form of ballots

114  (1) The chief election officer must establish the form of ballots to be used in an election.

(2) Without limiting subsection (1), the chief election officer may do either or both of the following:

(a) determine that composite ballots are to be used, on which an elector's votes on 2 or more elections may be indicated;

(b) determine that ballots are to be in the form of a ballot set, in which ballots for 2 or more elections are packaged together.

What must and must not be included on a ballot

115  (1) A ballot for an election must include the following:

(a) instructions as to the number of candidates to be elected to the office;

(b) instructions as to the appropriate mark to make a valid vote for a candidate;

(c) the full name of each candidate or, if a candidate specified a different usual name in the nomination documents, this usual name;

(d) if applicable, the name, abbreviation or acronym of the endorsing elector organization for a candidate, as shown on the endorsement documents for the candidate.

(2) As an exception, if the name, abbreviation or acronym referred to in subsection (1) (d) is too long to be reasonably accommodated on the ballot, the chief election officer may, after consulting with the authorized principal official of the elector organization, use a shorter name, abbreviation or acronym that, in the opinion of the chief election officer, identifies the elector organization.

(3) A ballot for an election must not include any of the following:

(a) an indication that a candidate is holding or has held an elected office;

(b) a candidate's occupation;

(c) an indication of a title, honour, degree or decoration received or held by a candidate.

Order of names on ballot

116  (1) Unless a bylaw under section 117 [order determined by lot] is adopted,

(a) the names of the candidates must be arranged alphabetically by their surnames, and

(b) if 2 or more candidates have the same surname, the names of those candidates must be arranged alphabetically in order of their first given names.

(2) If 2 or more candidates

(a) have the same surnames and given names, or

(b) have names so similar that, in the opinion of the chief election officer, they are likely to cause confusion,

the chief election officer, after receiving the approval of these candidates, may include on the ballot additional information to assist the electors to identify the candidates, subject to the restrictions under section 115 (3) [what must not be on ballot].

(3) The chief election officer's decision on the order of names on a ballot is final.

Order of names on ballot determined by lot

117  (1) A local government may, by bylaw, permit the order of names on a ballot to be determined by lot in accordance with this section.

(2) The chief election officer must notify all candidates as to the date, time and place when the determination is to be made.

(3) The only persons who may be present at the determination are the candidates, or their official agents, and any other persons permitted to be present by the chief election officer.

(4) The procedure for the determination is to be as follows:

(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;

(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;

(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;

(d) the chief election officer is to direct a person who is not a candidate or candidate representative to withdraw the papers one at a time;

(e) the name on the first paper drawn is to be the first name on the ballot, the name on the second paper is to be the second, and so on until the placing of all candidates' names on the ballot has been determined.

Ballot boxes

118  (1) Ballot boxes for an election may be any box or other appropriate receptacle that is constructed so that ballots can be inserted but not withdrawn unless the ballot box is opened.

(2) Separate ballot boxes must be used for each of the following:

(a) ballots used to vote at required general voting opportunities;

(b) ballots used to vote at additional general voting opportunities;

(c) ballots used to vote at advance voting opportunities;

(d) ballots used to vote at special voting opportunities;

(e) mail ballots used to vote.

(3) A ballot box used at one type of voting opportunity referred to in subsection (2) (a) to (e) may be used again at another voting opportunity of the same type.

Division 12 — Conduct of Voting Proceedings

Persons who must be present at voting places

119  (1) A presiding election official and at least one other election official must be present at all times at each voting place during voting hours, except during a suspension of voting under section 132 [persons unable to enter a voting place].

(2) If an election official does not attend at a voting place as expected, the presiding election official may appoint a person as an election official in the missing person's place, whether or not this authority has already been given under this Part.

Persons who may be present at voting places

120  (1) Except as provided in this section, a person must not be present at a voting place while voting proceedings are being conducted.

(2) The following persons may be present at a voting place while voting proceedings are being conducted:

(a) persons who are present for the purpose of voting and persons in the care of those persons;

(b) persons assisting under section 63 [exceptional assistance in election proceedings] or 131 [persons needing assistance to mark their ballots];

(c) election officials;

(d) the official agent of a candidate in the election and, for each ballot box in use at that time for receiving ballots for that election, one scrutineer for each candidate, unless a bylaw under subsection (3) permits more to be present;

(e) other persons permitted to be present by the presiding election official.

(3) A local government may, by bylaw, permit more than one scrutineer for each candidate to be present for each ballot box in use at a voting place while voting proceedings are being conducted, subject to any restrictions and conditions specified in the bylaw.

(4) Other than for the purpose of voting, a candidate must not be present at a voting place or special voting opportunity while voting proceedings are being conducted.

(5) Subject to subsection (6), each person present at a voting place while voting proceedings are being conducted and each candidate representative present at a special voting opportunity must make a solemn declaration to preserve the secrecy of the ballot in accordance with section 123 [voting by secret ballot].

(6) Subsection (5) does not apply to

(a) a person attending to vote,

(b) a person in the care of a person attending to vote, or

(c) a peace officer assisting the presiding election official under section 61 [keeping order at election proceedings].

Sealing of ballot boxes containing ballots

121  (1) Before a ballot box is used for ballots, the presiding election official, in the presence of at least one witness, must inspect the ballot box to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal.

(2) After a ballot box is used for ballots, the presiding election official must seal it at the following times in a manner to prevent the addition or withdrawal of ballots:

(a) at the close of voting at a voting opportunity;

(b) between each addition of mail ballots;

(c) if the ballot box becomes full while voting proceedings are being conducted;

(d) if voting proceedings are adjourned under section 62 [adjournment of election proceedings] or suspended under section 132 [persons unable to enter a voting place].

(3) In addition to sealing by the presiding election official, candidate representatives are entitled to add their seals for the purposes of this section.

(4) Unless it is to be used again in accordance with section 118 (3) [ballot box re-use], a ballot box that has been sealed under this section must remain sealed and unopened until the ballots are to be counted under Division 14 [Counting of the Votes] of this Part.

(5) Before a ballot box sealed under subsection (2) is to be used again in the election, the presiding election official must remove the seal in the presence of at least one witness.

Time for voting extended

122  (1) If the start of voting at a place, as set under this Part, is delayed and the presiding election official considers that a significant number of electors would not be able to vote without an extension under this section, that election official may extend the time for the close of the voting but the extension must not permit voting for a longer length of time than would have been permitted had voting not been delayed.

(2) If, at the time set under this Part for the close of voting at a place, there are electors

(a) waiting in the place, or

(b) waiting in line outside the place

in order to vote, those electors are entitled to vote and the ballot box must remain unsealed until their ballots are deposited.

(3) No electors other than those referred to in subsection (2) are entitled to vote after the end of the set closing time.

(4) The decision of the presiding election official as to who is or who is not entitled to vote under subsection (2) is final and may not be the basis of an application under section 153 [application to court respecting validity of election].

(5) The presiding election official must notify the chief election officer as soon as possible of any extension of voting under this section.

Division 13 — Voting

Voting to be by secret ballot

123  (1) Voting at an election must be by secret ballot.

(2) Each person present at a place at which an elector exercises the right to vote, including persons present to vote, and each person present at the counting of the vote must preserve the secrecy of the ballot and, in particular, must not do any of the following:

(a) interfere with a person who is marking a ballot;

(b) attempt to discover how another person voted;

(c) communicate information regarding how another person voted or marked a ballot;

(d) induce a person, directly or indirectly, to show a ballot in a way that reveals how the person voted.

(3) The chief election officer must ensure that each voting place has at least one area that is arranged in such a manner that electors may mark their ballots screened from observation by others and without interference.

(4) An elector may not be required in any legal proceedings to reveal how he or she voted in an election.

Each elector may vote only once

124  (1) A person must not vote more than once in the same election.

(2) For the purpose of ensuring compliance with subsection (1), the presiding election official must ensure that a record is maintained of all persons who receive ballots at the voting proceedings for which the presiding election official is responsible.

Requirements before elector may be given a ballot

125  (1) A person must meet the following basic requirements in order to obtain a ballot:

(a) if the person is not shown on the list of registered electors as having registered in advance, the person must register in accordance with section 72 [resident electors] or 73 [non-resident property electors];

(b) if the person is shown on the list of registered electors as having registered in advance, the person must sign a written declaration that he or she

(i)   is entitled to vote in the election, and

(ii)   has not voted before in the same election;

(c) the person must sign the list of registered electors or the voting book, as directed by the presiding election official, giving

(i)   the person's name,

(ii)   the person's present residential address, and

(iii)   if the person is a non-resident property elector, the address of the real property in relation to which the person is voting.

(2) As applicable, the following additional requirements must be met in order for a person to obtain a ballot:

(a) at a special voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;

(b) if the person is challenged under section 126, the person must also meet the requirements of subsection (3) of that section;

(c) if it appears that another person has already voted in that person's name, the person must also meet the requirements of section 127 (2) [evidence or solemn declaration required];

(d) if the person requires assistance to mark the ballot, the requirements of section 131 (3) [written statement and other requirements] must also be met.

(3) Once the requirements of subsections (1) and (2) have been met, the election official must give the elector the ballot or ballots to which that elector is entitled.

(4) A person who does not meet the requirements of subsections (1) and (2) is not entitled to vote and must not be given a ballot.

(5) A voting book or list of registered electors may be prepared in such a manner that all the applicable requirements of subsection (1) or (2), or both, may be met by entries on the voting book or list of registered electors.

Challenge of elector

126  (1) A person's right to vote may be challenged in accordance with this section at any time during the procedures under section 125 (1) and (2) [requirements before elector may be given a ballot] to obtain a ballot up until the time the person receives the ballot.

(2) A challenge may be made

(a) only in person by an election official, a candidate representative or an elector of the municipality or electoral area for which the election is being held, and

(b) only on the basis that the person proposing to vote

(i)   is not entitled to vote, or

(ii)   has contravened section 161 (3) [accepting inducements].

(3) In order to receive a ballot, a person whose right to vote has been challenged must either

(a) provide evidence satisfactory to the presiding election official that the person is entitled to vote, or

(b) make a solemn declaration before the presiding election official as to the person's entitlement to vote.

(4) The solemn declaration required by subsection (3) (b) must state that the person

(a) meets all the qualifications to be registered as an elector of the municipality or electoral area,

(b) is either registered as an elector of that municipality or electoral area or is applying at this time to be registered,

(c) is in fact the person under whose name the person is registered or registering as an elector,

(d) has not contravened section 161 [vote buying], and

(e) has not voted before in the same election and will not vote again in the same election.

(5) The presiding election official must keep a record indicating

(a) that the person was challenged,

(b) the name of the person who made the challenge, and

(c) how the person challenged satisfied the requirement of subsection (3).

If another person has already voted under an elector's name

127  (1) This section applies if an elector meets the requirements of section 125 [requirements before elector may be given a ballot] but the voting book or list of registered electors indicates that another person has already voted using the name of the elector.

(2) In order to obtain a ballot, the person asserting the right to vote as the named elector must either

(a) provide evidence satisfactory to the presiding election official that the person is the named elector, or

(b) make a solemn declaration described in section 126 (4) [solemn declaration of challenged elector] as to the person's entitlement to vote as the named elector.

(3) The presiding election official must keep a record indicating

(a) that a second ballot was issued in the name of the elector, and

(b) any challenge under section 126 of the person who obtained the second ballot.

Replacement of spoiled ballot

128  (1) If an elector unintentionally spoils a ballot before it is deposited in a ballot box, the elector may obtain a replacement ballot by giving the spoiled ballot to the presiding election official.

(2) The presiding election official must immediately mark as spoiled a ballot replaced under subsection (1) and retain the spoiled ballot for return to the chief election officer.

How to vote by ballot

129  (1) After receiving a ballot, an elector must

(a) proceed without delay to a voting compartment provided,

(b) while the ballot is screened from observation, mark it by making a cross in the blank space opposite the name of the candidate or candidates for whom the elector wishes to vote,

(c) fold the ballot to conceal all marks made on it by the elector,

(d) leave the voting compartment without delay,

(e) deposit the ballot in the appropriate sealed ballot box, and

(f) leave the voting place without delay.

(2) An election official may and, if requested by the elector, must explain to an elector the proper method for voting by ballot.

One person to a voting compartment

130  (1) While an elector is in a voting compartment to mark a ballot, no other person may observe or be in a position to observe the ballot being marked.

(2) As exceptions to subsection (1),

(a) a person assisting an elector under section 131 may be present with the elector, and

(b) if the presiding election official permits, a person who is in the care of an elector may be present with the elector.

Persons needing assistance to mark their ballots

131  (1) This section applies to electors who are unable to mark a ballot because of physical disability or difficulties with reading or writing.

(2) An elector referred to in subsection (1) may be assisted in voting by an election official or by a person accompanying the elector.

(3) In order to receive a ballot to be marked under this section, the following requirements must be met:

(a) the person assisting must sign a written statement giving

(i)   the assisting person's name and residential address,

(ii)   the name and residential address of the elector being assisted, and

(iii)   if the elector being assisted is a non-resident property elector, the address of the real property in relation to which the elector is voting;

(b) a person who is not an election official must make a solemn declaration before the presiding election official that the person will

(i)   preserve the secrecy of the ballot of the elector being assisted,

(ii)   mark the ballot in accordance with the wishes of the elector, and

(iii)   refrain from attempting in any manner to influence the elector as to how the elector should vote;

(c) if assistance is needed because the elector needs a translator to be able to read the ballot and the instructions for voting, the person assisting must make a solemn declaration in accordance with section 63 (3) [exceptional assistance — translator].

(4) The assisting person

(a) must accompany the elector to the voting compartment or other place to be used for voting,

(b) must mark the ballot in accordance with the directions of the elector, and

(c) may, in the presence of the elector, fold the ballot and deposit it in the ballot box.

(5) Candidates, candidate representatives and financial agents must not assist in marking a ballot.

(6) A person does not vote by assisting under this section.

Persons unable to enter a voting place

132  (1) This section applies to electors who come to a voting place to vote but who are unable to enter the voting place because of physical disability or impaired mobility.

(2) An elector referred to in subsection (1) may request to vote at the nearest location to the voting place to which the elector has access.

(3) If a request is made, the presiding election official or another election official designated by the presiding election official must attend the elector at the nearest location to the voting place for the purpose of allowing the elector to meet the requirements under section 125 [requirements before elector may be given a ballot] to obtain a ballot.

(4) The election official must ensure that the elector's marked ballot is placed in the appropriate ballot box, taking whatever steps the official considers necessary to maintain the secrecy of the ballot.

(5) The presiding election official may temporarily suspend voting proceedings in order to allow an elector to vote under this section.

(6) The presiding election official may have separate ballot boxes available for the purposes of this section, and these ballot boxes are not to be considered to be ballot boxes in use for the purposes of determining the number of candidate representatives who may be present at a voting place under section 120 [persons who may be present at voting place].

Division 14 — Counting of the Votes

When and where counting is to be done

133  (1) The counting of the votes on ballots for an election must not take place until the close of general voting for the election, but must take place as soon as practicable after this time.

(2) The counting of the votes on ballots used for general voting is to be conducted at the voting place where the ballot boxes containing them are located unless the chief election officer directs that the counting is to take place at another location.

(3) The counting of the votes on ballots other than those referred to in subsection (2) is to be conducted at a place specified by the chief election officer.

(4) The chief election officer must notify the candidates in an election of any place other than a voting place referred to in subsection (2) at which the counting of the votes for the election is to be conducted.

Who may be present at counting

134  (1) A presiding election official and at least one other election official must be present while counting proceedings are being conducted.

(2) Candidates in an election are entitled to be present when counting proceedings for the election are being conducted.

(3) For each place where the votes on ballots for an election are being counted, one candidate representative for each candidate in the election is entitled to be present at each location within that place where ballots are being considered.

(4) Persons other than those referred to in subsections (2) and (3) and election officials taking part in the counting may not be present when counting proceedings are being conducted, unless permitted by the presiding election official.

Who does the counting

135  (1) The counting of the votes on ballots for an election must be conducted by the presiding election official or, except as limited by subsection (2), by other election officials under the supervision of the presiding election official.

(2) The presiding election official must personally deal with all ballots

(a) rejected under section 139 [rules for accepting votes or rejecting ballots], or

(b) objected to under section 140 [objections to acceptance or rejection].

Opening of ballot boxes

136  (1) As the first step in the counting of the votes on ballots in a ballot box, the ballot box is to be opened by an election official in the presence of at least one witness.

(2) If the seals on a ballot box are not intact when it is opened under subsection (1),

(a) the ballots in the ballot box must not be combined under section 137, and

(b) the ballots in the ballot box must be counted separately and a separate ballot account and separate ballot packages for the ballots must be prepared.

Combination of ballots for counting

137  (1) After ballot boxes are opened under section 136, the ballots in them may be combined in accordance with this section.

(2) The election official responsible for the counting may combine ballots in different ballot boxes together in a single ballot box as follows:

(a) ballots in a ballot box used at a required general voting opportunity may be combined with ballots in other ballot boxes used at the same required general voting opportunity;

(b) ballots in a ballot box used at an additional general voting opportunity may be combined with ballots in other ballot boxes used at the same or another additional general voting opportunity;

(c) ballots in a ballot box used at an advance voting opportunity may be combined with ballots in other ballot boxes used at the same or another advance voting opportunity;

(d) ballots in a ballot box used for a special voting opportunity may be combined with ballots in other ballot boxes used at the same or another special voting opportunity;

(e) ballots in a ballot box used for mail ballots may be combined with ballots in other ballot boxes used for mail ballots;

(f) if some of the ballots in a ballot box are for a different election than the one for which the ballot box was intended, the election official may combine the ballots that do not belong in the ballot box with ballots in the appropriate ballot box.

(3) For the purpose of preserving the secrecy of the ballot, if there would be fewer than 25 ballots in a ballot box after combination under subsection (2), the presiding election official may combine those ballots with ballots in any other ballot box.

(4) Except for combination under this section,

(a) the votes on each class of ballots referred to in subsection (2) must be counted separately from the votes on ballots in any other class, and

(b) a separate ballot account under section 141 and separate ballot packages under section 142 must be prepared for each class of ballots referred to in subsection (2) of this section.

Procedures for counting

138  (1) All ballots in each ballot box must be considered in accordance with this section.

(2) As each ballot for an election is considered, it must be placed in such a manner that the persons present at the counting are able to see how the ballot is marked.

(3) Unless rejected under section 139 (4) [invalid ballots], a mark referred to in section 139 (1) on a ballot for an election must be accepted and counted as a valid vote.

(4) Counting must proceed as continuously as is practicable and the votes must be recorded.

(5) The presiding election official must endorse ballots to indicate the following as applicable:

(a) that the ballot was rejected under section 139 in relation to an election;

(b) that the rejection of the ballot was objected to under section 140;

(c) that a mark on the ballot was accepted as a valid vote but the acceptance was objected to under section 140.

(6) An endorsement under subsection (5) must be made at the time the presiding election official considers the ballot and in such a manner that it does not alter or obscure the elector's marking on the ballot.

Rules for accepting votes and rejecting ballots

139  (1) The following are marks that are to be accepted and counted as valid votes for an election unless the ballot is rejected under subsection (4):

(a) a mark of the type required by section 129 (1) (b) [how to vote by marking ballot];

(b) a tick mark that is placed in the location required by section 129 (1) (b);

(c) a mark of the type required by section 129 (1) (b) that is out of or partly out of the location on the ballot in which it is required to be put by that provision, as long as the mark is placed in such a manner as to indicate clearly the intent of the elector to vote for a particular candidate;

(d) a tick mark that is placed as described in paragraph (c) of this subsection.

(2) A mark on a ballot other than a mark referred to in subsection (1) must not be accepted and counted as a valid vote.

(3) If a ballot is in the form of a composite ballot under section 114 (2) (a) [ballot for voting on multiple elections], for the purposes of subsections (1) and (2) of this section each portion of the ballot that deals with a single election is to be considered a separate ballot.

(4) Ballots must be rejected as invalid in accordance with the following:

(a) a ballot must be rejected in total if it appears that the ballot physically differs from the ballots provided by the chief election officer for the election;

(b) a ballot must be rejected in total if there are no marks referred to in subsection (1) on the ballot;

(c) a ballot must be rejected in total if the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the elector could reasonably be identified;

(d) a ballot must be rejected in total if more than one form of mark referred to in subsection (1) is on the ballot;

(e) a ballot is to be rejected in relation to an election if there are more marks referred to in subsection (1) for the election on the ballot than there are candidates to be elected.

(5) In the case of a ballot that is part of a ballot set under section 114 (2) (b) [ballots for multiple elections packaged together], the ballot is not to be rejected under subsection (4) (a) solely on the basis that the ballot is part of an incomplete ballot set or that the ballot has become separated from its ballot set.

Objections to the acceptance of a vote or the rejection of a ballot

140  (1) A candidate or candidate representative may object to a decision to accept a vote or reject a ballot, with the objection recorded in accordance with section 138 (5) and (6) [procedures for counting].

(2) An objection must be made at the time the ballot is considered.

(3) The decision of the presiding election official regarding the acceptance of a vote or the rejection of a ballot may not be challenged except as provided in this section and the decision may be changed only by the chief election officer under section 145 [determination of official election results] or on a judicial recount.

Ballot account

141  (1) Once all counting at a place is completed, ballot accounts for each election must be prepared in accordance with this section and signed by the presiding election official.

(2) A ballot account must include the following:

(a) the office to be filled by the election;

(b) the number of valid votes for each candidate in the election;

(c) the number of ballots received by the presiding election official from the chief election officer for use at the voting opportunity;

(d) the number of ballots given to electors at the voting opportunity;

(e) the number of ballots for which marks were accepted as valid votes for the election without objection;

(f) the number of ballots for which marks were accepted as valid votes, subject to an objection under section 140 [objection to acceptance of vote or rejection of ballot];

(g) the number of ballots rejected as invalid without objection;

(h) the number of ballots rejected as invalid, subject to an objection under section 140;

(i) the number of spoiled ballots that were cancelled and replaced under section 128;

(j) the number of unused ballots;

(k) the number of ballots added under section 137 (3) [combination of ballot boxes to preserve secrecy of the ballot] to the ballots for which the ballot account is prepared;

(l) the number of ballots not accounted for.

(3) A copy of the ballot account must be prepared and signed by the presiding election official and included with the election materials under section 143 [delivery of election materials to chief election officer].

Packaging of ballots

142  (1) The presiding election official, or an election official under the supervision of the presiding election official, must separately package each of the following classes of ballots for delivery to the chief election officer:

(a) ballots that were rejected in total, subject to an objection regarding the rejection;

(b) ballots that were rejected in part, subject to an objection regarding the rejection or regarding the acceptance of a vote;

(c) ballots that were subject to an objection regarding the acceptance of a vote, unless included in a package under paragraph (b);

(d) ballots that were rejected in total without objection;

(e) ballots that were rejected in part without objection to the rejection or the acceptance of a vote;

(f) ballots for which all votes were accepted without objection;

(g) spoiled ballots that were cancelled and replaced under section 128;

(h) unused ballots.

(2) Each ballot package must be clearly marked as to its contents and sealed by the presiding election official.

(3) Candidates and candidate representatives present at the proceedings are entitled to add their seals to a ballot package.

(4) If ballot boxes are used as ballot packages, they must be sealed in accordance with section 121.

Delivery of election materials to chief election officer

143  (1) After the ballot accounts are completed and the sealed ballot packages prepared, the following must be placed in ballot boxes from which the counted ballots were taken:

(a) the sealed ballot packages, if these are not ballot boxes themselves;

(b) the copy of the ballot account prepared under section 141 (3);

(c) the voting books;

(d) any copies of the list of registered electors used for the purposes of voting proceedings;

(e) any records required under this Part to be made during voting proceedings;

(f) any stubs for ballots given to electors;

(g) any solemn declarations taken and any signed written statements required under this Part in relation to voting proceedings.

(2) The ballot boxes in which the election materials are placed

(a) must be sealed in accordance with section 121, and

(b) must not be opened until after the declaration of the results of the election under section 146, except by the chief election officer for the purposes of section 145 (4) [verification of ballot accounts].

(3) If votes for an election are counted at more than one place, the presiding election official must deliver to the chief election officer, in the manner instructed by the chief election officer, the original of the ballot account, the sealed ballot boxes and all other ballot boxes in the custody of the presiding election official.

Preliminary election results

144  (1) The chief election officer may announce preliminary results of an election before the determination under section 145 [determination of official election results] is completed.

(2) Preliminary results must be based on the ballot accounts prepared under section 141, determined by calculating the total number of valid votes for each candidate in the election as reported on the ballot accounts.

Determination of official election results

145  (1) As the final counting proceeding subject to a judicial recount, the chief election officer must determine the results of an election in accordance with this section.

(2) The chief election officer must notify the candidates in an election of the date, time and place when the determination is to be made and the candidates are entitled to be present when those proceedings take place.

(3) The chief election officer must begin the determination by reviewing the ballot accounts or by having them reviewed by election officials authorized by the chief election officer.

(4) The chief election officer may verify the results indicated by a ballot account by counting the votes on all or some of the ballots for the election, including reviewing the decision of a presiding election official regarding the acceptance of some or all of the votes or the rejection of some or all of the ballots.

(5) The chief election officer may be assisted in counting under subsection (4) by other election officials, but must personally make all decisions regarding the acceptance of votes or the rejection of ballots that were subject to objection under section 140.

(6) The chief election officer may reverse a decision of another election official regarding the acceptance of a vote or the rejection of a ballot made at the original consideration of the ballot and, if this is done, the chief election officer must endorse the ballot with a note of the reversal.

(7) The chief election officer or an election official authorized by the chief election officer must either mark on the original ballot accounts any changes made under this section or prepare a new ballot account of the results of the counting under subsection (4).

(8) On the basis of the ballot accounts, as amended or prepared under subsection (7) if applicable, the chief election officer must prepare a statement of the total number of votes for each candidate in the election.

(9) A decision of the chief election officer under this section may be changed only on a judicial recount.

(10) If a ballot box or ballot package is opened for the purposes of subsection (4), the contents must be replaced and it must be resealed during any adjournment and at the end of the review of the contents.

Declaration of official election results

146  (1) Before 4 p.m. on the 4th day following the close of general voting, the chief election officer must declare the results of the election as determined under section 145.

(2) The results must be declared as follows:

(a) in the case of an election for an office to which one person is to be elected, the chief election officer must declare elected the candidate who received the highest number of valid votes for the office;

(b) in the case of an election for an office to which more than one person is to be elected, the chief election officer must declare elected the candidates who received the highest number of valid votes for the office, up to the number of candidates to be elected.

(3) As an exception, if a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates, the chief election officer must declare that the election is to be referred to a judicial recount.

When elected candidates may take office

147  (1) A candidate declared elected under section 146 is not entitled to make the oath of office until the time period for making an application for a judicial recount has ended.

(2) If an application for a judicial recount of an election is made, a candidate declared elected in the election is not entitled to make the oath of office until the recount has been completed and the candidate's election has been confirmed unless permitted by the court under subsection (3).

(3) The Provincial Court may, on application, authorize a candidate who has been declared elected to make the oath of office if the court is satisfied that the candidate's election will not be affected by the results of the judicial recount.

Division 15 — Judicial Recount

Application for judicial recount

148  (1) An application may be made in accordance with this section for a judicial recount, to be undertaken by the Provincial Court, of some or all of the votes in an election.

(2) Except as provided in subsection (5), an application may be made only on one or more of the following bases:

(a) that votes were not correctly accepted or ballots were not correctly rejected as required by the rules of section 139 [rules for accepting votes and rejecting ballots];

(b) that a ballot account does not accurately record the number of valid votes for a candidate;

(c) that the final determination under section 145 [determination of official election results] did not correctly calculate the total number of valid votes for a candidate.

(3) The time period during which an application may be made is limited to the time between the declaration of official election results under section 146 and 9 days after the close of general voting.

(4) The application may be made only by

(a) an elector of the municipality or electoral area for which the election was held,

(b) a candidate in the election or a candidate representative of a candidate in the election, or

(c) the chief election officer.

(5) An application must be made by the chief election officer if, at the end of the determination of official election results under section 145, a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates.

(6) The document commencing an application must set out briefly the facts on which the application is based and must be supported by affidavit as to those facts.

(7) At the time an application is commenced, a time must be set for the recount that is adequate to allow the court to complete the recount within the time limit set by section 149.

(8) The person making the application must notify affected persons

(a) by immediately notifying the chief election officer and the affected candidates in the election, if any, that a judicial recount will be conducted at the time set under subsection (7), and

(b) within 24 hours of filing the document commencing the application, by delivering to these persons copies of that document, the accompanying affidavit and a notice of the time for the recount.

Judicial recount procedure

149  (1) A judicial recount must be conducted in accordance with this section and completed by the end of the 13th day after the close of general voting.

(2) The person who made the application for the recount, the chief election officer, the candidates in the election and the official agents and counsel of the candidates are entitled to be present at a judicial recount and other persons may be present only if permitted by the court.

(3) The chief election officer must bring to the recount all ballot accounts used for the determination of official election results under section 145 and the ballot boxes containing the ballots for which the recount is requested.

(4) In conducting a recount, the court must open the ballot boxes containing the ballots for which the recount is requested, count those ballots in accordance with sections 138 [procedures for counting] and 139 [rules for accepting votes and rejecting ballots] and confirm or change the ballot accounts in accordance with the counting.

(5) In its discretion, the court may count other ballots in addition to those for which the recount was requested and, for this purpose, may require the chief election officer to bring other ballot boxes.

(6) The court may appoint persons to assist in the recount.

(7) As exceptions to the obligation to conduct a recount in accordance with the other provisions of this section,

(a) if the person who made the application for the recount, the chief election officer and the candidates present at the recount agree, the court may restrict the ballots to be recounted as agreed by these persons at that time, or

(b) if the court determines on the basis of the ballot accounts that the results of a recount of the ballots, if it were conducted, would not materially affect the results of the election, the court may confirm the results of the election and take no further action under this section.

(8) Unless otherwise directed by the court, the ballot boxes at a judicial recount must remain in the custody of the chief election officer.

(9) During a recess or adjournment of a judicial recount and after the completion of the judicial recount, the ballot boxes must be resealed in accordance with section 121 [sealing of ballot boxes containing ballots] by the person having custody of them and may be additionally sealed by other persons present.

Results of judicial recount and orders as to costs

150  (1) At the completion of a judicial recount, the court must declare the results of the election.

(2) The results declared under subsection (1) or following a determination by lot under section 151 are final, subject only to a declaration under section 155 [power of court on application respecting validity of election] that the election was invalid, and may not be appealed.

(3) All costs, charges and expenses of and incidental to an application for judicial recount, including the recount and any other proceedings following from the application, must be paid by the local government, the applicant and the persons notified of the application under section 148 (8) [application for judicial recount], or any of them, in the proportion the court determines.

(4) At the conclusion of a judicial recount, the court must make an order for the purposes of subsection (3) having regard to any costs, charges or expenses that, in the opinion of the court, were caused by vexatious conduct, unfounded allegations or unfounded objections on the part of the applicant or the persons who were given notice.

(5) In relation to subsection (3), the court may order that the costs be determined in the same manner as costs within the meaning of the Supreme Court Civil Rules.

Determination of results by lot if tie vote after judicial recount

151  (1) A local government may, by bylaw, provide that, if at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, the results will be determined by lot in accordance with this section rather than by election under section 152.

(2) If a bylaw under subsection (1) applies and there is an equality of votes as described in that subsection, the results of the election are to be determined, as the conclusion of the judicial recount, by lot between those candidates in accordance with the following:

(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;

(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;

(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;

(d) the court is to direct a person who is not a candidate or candidate representative to withdraw one paper;

(e) the court is to declare elected the candidate whose name is on the paper that was drawn.

Runoff election if tie vote after judicial recount

152  (1) If at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, a runoff election must be held in accordance with this section unless a bylaw under section 151 [determination by lot] applies.

(2) Except as provided in this section, this Part applies to a runoff election under subsection (1).

(3) The candidates in the runoff election are to be the unsuccessful candidates in the original election who do not withdraw, and no new nominations are required or permitted.

(4) As soon as practicable after the judicial recount, the chief election officer must notify the candidates referred to in subsection (3) that an election is to be held and that they are candidates in the election unless they deliver a written withdrawal to the chief election officer within 3 days after being notified.

(5) The chief election officer must set a general voting day for the runoff election, which must be on a Saturday no later than 50 days after the completion of the judicial recount.

(6) If advance registration would otherwise be permitted, the closed period under section 71 (4) [closing of advanced registration] extends until the day after the close of general voting for the election under this section.

(7) No new list of registered electors is required and sections 77 to 80 do not apply.

(8) So far as reasonably possible, election proceedings must be conducted as they were for the original election except that, if voting under section 112 [use of voting machines] was used for the original election, it is not necessary to use this for the election under this section.

(9) Without limiting subsection (8), so far as reasonably possible, voting opportunities equivalent to those provided for the original election must be held and, for these, no new bylaws under this Part are required.

Division 16 — Declaration of Invalid Election

Application to court respecting validity of election

153  (1) The right of an elected candidate to take office or the validity of an election may not be challenged except by an application under this section.

(2) An application may be made in accordance with this section to the Supreme Court for a declaration regarding the right of a person to take office or the validity of an election.

(3) The time limit for making an application is 30 days after the declaration of official election results under section 146.

(4) An application may be made only by a candidate in the election, the chief election officer or at least 4 electors of the municipality or electoral area for which the election was held.

(5) An application may be made only on one or more of the following bases:

(a) that a candidate declared elected was not qualified to hold office at the time he or she was elected or, between the time of the election and the time for taking office, the candidate has ceased to be qualified to hold office;

(b) that an election should be declared invalid because it was not conducted in accordance with this Act or a regulation or bylaw under this Act;

(c) that an election or the election of a candidate should be declared invalid because section 161 [vote buying], 162 [intimidation] or 163 (2) (a) [voting when not entitled] was contravened.

(6) As a restriction on subsection (5) (b), an application may not be made on any basis for which an application for judicial recount may be or may have been made.

(7) At the time the petition commencing an application is filed, the court registry must set a date for the court to hear the application, which must be at least 10 days but no later than 21 days after the date the petition is filed.

(8) As soon as practicable, but no later than 2 days after a petition is filed, the person making the application must serve the petition and the notice of hearing on the municipality or regional district for which the election was held.

(9) If a candidate affected by an application files a written statement renouncing all claim to the office to which the candidate was elected, the court may permit the petition for the application to be withdrawn unless it is based on an allegation that the candidate who has renounced the office contravened section 161 [vote buying] or 162 [intimidation].

Hearing of application

154  (1) The Supreme Court must hear and determine an application under section 153 as soon as practicable and, for these purposes, must ensure that the proceedings are conducted as expeditiously as possible.

(2) If the application is based on a claim that section 161 [vote buying] or 162 [intimidation] was contravened, the evidence regarding that claim must be given orally by witnesses rather than by affidavit.

Power of court on application

155  (1) On the hearing of an application under section 153 regarding the qualification of an elected candidate to take office, the court may

(a) declare that the candidate is confirmed as qualified to take and hold office,

(b) declare that the candidate is not qualified to hold office and that the office is vacant, or

(c) declare that the candidate is not qualified to hold office and that the candidate who received the next highest number of valid votes is elected in place of the disqualified candidate.

(2) On the hearing of an application under section 153 regarding the validity of an election, the court may

(a) declare that the election is confirmed as valid,

(b) declare that the election is invalid and that another election must be held to fill all positions for that office that were to be filled in the election that was declared invalid,

(c) declare that the election of a candidate is invalid and that the office is vacant, or

(d) declare that the election of a candidate is invalid and that another candidate is elected in place of that candidate.

(3) The court must not declare an election invalid by reason only of an irregularity or failure to comply with this Act or a regulation or bylaw under this Act if the court is satisfied that

(a) the election was conducted in good faith and in accordance with the principles of this Act, and

(b) the irregularity or failure did not materially affect the result of the election.

(4) The court may confirm the election of a candidate in relation to which the court finds there was a contravention of section 161 [vote buying] or 162 [intimidation] if the court is satisfied that

(a) the candidate did not contravene the applicable section, and

(b) the contravention did not materially affect the result of the election.

(5) If the court declares that a candidate is not qualified to hold office or that the election of a candidate is invalid, the court may order the candidate to pay the municipality or regional district for which the election was held an amount of money not greater than $20 000 towards the expenses for the election required to fill the vacancy.

(6) If the court makes a declaration under subsection (1) (c) or (2) (d) that another candidate is elected, the candidate who is replaced ceases to be entitled to take or hold the office and the other candidate declared elected is entitled to take the office.

Legal costs of application

156  (1) If the court declares that a candidate is not qualified to hold office or that an election is invalid, the costs, within the meaning of the Supreme Court Civil Rules, of the persons who made the application under section 153 must be paid promptly by the municipality or regional district for which the election was held.

(2) The court may order that costs to be paid under subsection (1) may be recovered by the municipality or regional district from any other person as directed by the court in the same manner as a judgment of the Supreme Court.

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

Status of elected candidate

157  (1) A person affected by an application under section 153 who has been declared elected is entitled to take office and to vote and otherwise act in the office unless the court declares the candidate disqualified and the office vacant.

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

(3) If the person is declared qualified to hold office on the final determination of the appeal, the court may order that any money paid under section 155 (5) [disqualified candidate required to pay money towards cost of by-election] be repaid with interest as directed by the court.

(4) A person who is declared qualified to hold office on the final determination of an appeal is entitled,

(a) if the term of office for which the person was elected has not ended, to take office for any unexpired part of the term and, for this purpose, any person elected or appointed to the office since the declaration of disqualification ceases to hold office at the time the person declared qualified takes office, and

(b) if the term of office for which the person was elected is expired, to be nominated for and to be elected to office at any following election if otherwise qualified.

Division 17 — Final Proceedings

Report of election results

158  (1) Within 30 days after the declaration of official election results under section 98 for an election by acclamation or under section 146 for an election by voting, the chief election officer must submit a report of the election results to the local government.

(2) In the case of an election by voting, the report under subsection (1) must include a compilation of the information on the ballot accounts for the election.

(3) If the results of the election are changed by a judicial recount or on an application under section 153 [application to court respecting validity of election] after the report under subsection (1) of this section is submitted, the designated local government officer must submit to the local government a supplementary report reflecting the changed results.

Publication of election results

159  (1) Within 30 days after elected candidates have taken office, the designated local government officer must submit the names of the elected officials to the Gazette for publication.

(2) Within 30 days after persons appointed to local government have taken office, the designated local government officer must submit the names of the appointed officials to the Gazette for publication.

Retention and destruction of election materials

160  (1) Until the end of the period for conducting a judicial recount, the chief election officer

(a) must keep the sealed ballot packages delivered under section 143 [delivery of election materials to chief election officer] in the officer's custody,

(b) is responsible for retaining the nomination documents and endorsement documents for the election, other than the written disclosure under the Financial Disclosure Act, and

(c) is responsible for retaining the remainder of the election materials delivered under section 143.

(2) After the end of the period for conducting a judicial recount, the designated local government officer is responsible for retaining the materials referred to in subsection (1).

(3) From the time of the declaration of the official election results under section 146 until 30 days after that date, the following election materials must be available for public inspection at the local government offices during regular office hours:

(a) the voting books used for the election;

(b) any copies of the list of registered electors used for the purposes of voting proceedings;

(c) any records required under this Part to be made during voting proceedings;

(d) any solemn declarations taken and any signed written statements or declarations required under this Part in relation to voting proceedings.

(4) Before inspecting materials referred to in subsection (3), a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the materials except for the purposes of this Part.

(5) The designated local government officer must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.

(6) A person who inspects materials referred to in subsection (3) must not use the information in them except for the purposes of this Part.

(7) Despite section 95 (3) of the Community Charter and section 27 (7) of the Interpretation Act, a person who is entitled to inspect the materials referred to in subsection (3) of this section is not entitled to obtain a copy of those materials.

(8) The following materials must be destroyed as soon as practicable following 56 days after the declaration of the official election results under section 146:

(a) the ballots used in the election;

(b) any stubs for ballots used in the election;

(c) any copies of the list of registered electors used for the purposes of voting proceedings;

(d) the voting books used in the election;

(e) any solemn declarations and any written statements or declarations in relation to voting proceedings, other than those used for the registration of electors.

(9) As exceptions, subsection (8) does not apply

(a) if otherwise ordered by a court, or

(b) if the materials relate to an election that is the subject of an application under section 153 [application to court respecting validity of election], until the final determination of that application or the court authorizes their destruction.

(10) Unless otherwise provided under this Act, a person may not inspect a ballot.

Division 18 — Election Offences

Vote buying

161  (1) In this section, "inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind.

(2) A person must not pay, give, lend or procure inducement for any of the following purposes:

(a) to induce a person to vote or refrain from voting;

(b) to induce a person to vote or refrain from voting for or against a particular candidate;

(c) to reward a person for having voted or refrained from voting as described in paragraph (a) or (b);

(d) to procure or induce a person to attempt to procure the election of a particular candidate, the defeat of a particular candidate or a particular result in an election;

(e) to procure or induce a person to attempt to procure the vote of an elector or the failure of an elector to vote.

(3) A person must not accept inducement

(a) to vote or refrain from voting,

(b) to vote or refrain from voting for or against a particular candidate, or

(c) as a reward for having voted or refrained from voting as described in paragraph (a) or (b).

(4) A person must not advance, pay or otherwise provide inducement, or cause inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section.

(5) A person must not offer, agree or promise to do anything otherwise prohibited by this section.

(6) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.

Intimidation

162  (1) In this section, "intimidate" means to do or threaten to do any of the following:

(a) use force, violence or restraint against a person;

(b) inflict injury, harm, damage or loss on a person or property;

(c) otherwise intimidate a person.

(2) A person must not intimidate another person for any of the following purposes:

(a) to persuade or compel a person to vote or refrain from voting;

(b) to persuade or compel a person to vote or refrain from voting for or against a particular candidate;

(c) to punish a person for having voted or refrained from voting as described in paragraph (a) or (b).

(3) A person must not, by abduction, duress or fraudulent means, do any of the following:

(a) impede, prevent or otherwise interfere with a person's right to vote;

(b) compel, persuade or otherwise cause a person to vote or refrain from voting;

(c) compel, persuade or otherwise cause a person to vote or refrain from voting for a particular candidate.

(4) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.

Other election offences

163  (1) In relation to nominations, a person must not do any of the following:

(a) contravene section 87 (4) [unqualified candidate consenting to nomination];

(b) before or after an election, purport to withdraw a candidate from an election without authority to do so or publish or cause to be published a false statement that a candidate has withdrawn;

(c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 95 (b) [withdrawal of endorsement on ballot].

(2) In relation to voting, a person must not do any of the following:

(a) vote at an election when not entitled to do so;

(b) contravene section 124 (1) [each elector may vote only once] regarding voting more than once in an election;

(c) obtain a ballot in the name of another person, whether the name is of a living or dead person or of a fictitious person;

(d) contravene section 123 (2) [requirement to preserve secrecy of the ballot] regarding the secrecy of the ballot.

(3) In relation to ballots and ballot boxes, a person must not do any of the following:

(a) without authority supply a ballot to another person;

(b) without authority print or reproduce a ballot or a paper that is capable of being used as a ballot;

(c) without authority take a ballot out of a place where voting proceedings are being conducted;

(d) put in a ballot box, or cause to be put in a ballot box, a paper other than a ballot that the person is authorized to deposit there;

(e) interfere with voting under section 112 [use of voting machines] contrary to the applicable bylaw and regulations;

(f) without authority destroy, take, open or otherwise interfere with a ballot box or ballots.

(4) In relation to voting proceedings, a person must not do any of the following at or within 100 metres of a building, structure or other place where voting proceedings are being conducted at the time:

(a) canvass or solicit votes or otherwise attempt to influence how an elector votes;

(b) display, distribute, post or openly leave a representation of a ballot marked for a particular result in the voting;

(c) post, display or distribute

(i)   election advertising, or

(ii)   any material that identifies a candidate or elector organization, unless this is done with the authorization of the chief election officer;

(d) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate, elector organization or result in the voting.

(5) In relation to any matter or proceeding to which this Part applies, a person must not do any of the following:

(a) provide false or misleading information when required or authorized under this Part to provide information;

(b) make a false or misleading statement or declaration when required under this Part to make a statement or declaration;

(c) inspect or access under this Part

(i)   a list of registered electors,

(ii)   nomination documents,

(iii)   disclosure statements or supplementary reports, or

(iv)   other election materials referred to in section 143 [delivery of election materials to chief election officer],

or use the information from any of them, except for purposes authorized under this Act;

(d) be present at a place where voting or counting proceedings are being conducted, unless authorized under this Part to be present;

(e) interfere with, hinder or obstruct an election official or other person in the exercise or performance of his or her powers, duties or functions under this Part or the Local Elections Campaign Financing Act.

(6) A person who is an election official must not contravene this Part with the intention of affecting the result or validity of an election.

Prosecution of organizations and their directors and agents

164  (1) An act or thing done or omitted by an officer, director, employee or agent of an organization within the scope of the individual's authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.

(2) If an organization commits an offence under this Part, an officer, director, employee or agent of the organization who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the organization is convicted of the offence.

(3) A prosecution for an offence under this Part may be brought against an unincorporated organization in the name of the organization and, for these purposes, an unincorporated organization is deemed to be a person.

Time limit for starting prosecution

165  The time limit for laying an information to commence a prosecution respecting an offence under this Part is one year after the date on which the act or omission that is alleged to constitute the offence occurred.

Penalties

166  (1) A person who contravenes section 161 [vote buying] or 162 [intimidation] is guilty of an offence and is liable to one or more of the following penalties:

(a) a fine of not more than $10 000;

(b) imprisonment for a term not longer than 2 years;

(c) disqualification from holding office in accordance with subsection (2) of this section for a period of not longer than 7 years.

(2) Disqualification under subsection (1) (c) is disqualification from holding office as follows:

(a) on a local government;

(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter;

(c) as a trustee under the Islands Trust Act;

(d) as a trustee on a board of education, or as a regional trustee on a francophone education authority, under the School Act.

(3) A person or unincorporated organization who contravenes section 163 [other election offences] is guilty of an offence and is liable to one or both of the following penalties:

(a) a fine of not more than $5 000;

(b) imprisonment for a term not longer than one year.

(4) Any penalty under this Division is in addition to and not in place of any other penalty provided in this Part.

(5) A person or unincorporated organization is not guilty of an offence under this Part if the person or organization exercised due diligence to prevent the commission of the offence.

Division 19 — Orders and Regulations

Ministerial orders in special circumstances

167  (1) If the minister considers that special circumstances regarding an election or assent voting require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part or Part 4 [Assent Voting].

(2) Without limiting subsection (1), an order under this section may provide an exception to or modification of

(a) this Act or a regulation or bylaw under this Act, or

(b) the Local Elections Campaign Financing Act or a regulation under that Act.

(3) The authority under subsection (2) includes authority to

(a) extend a time period or establish a new date in place of a date set under this Act or the Local Elections Campaign Financing Act, and

(b) give any other directions the minister considers appropriate in relation to this.

Election regulations

168  (1) In relation to this Part, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act, including regulations for any matter for which regulations are contemplated by this Part.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing information that must be included under section 70 [application for registration] in an application for registration as an elector, which may be different for resident electors and non-resident property electors;

(b) prescribing classes of documents that may be accepted as evidence for the purpose of section 72 [how to register as a resident elector at the time of voting] or 73 [how to register as a non-resident property elector at the time of voting];

(c) for the purposes of section 82 [disqualification of local government employees],

(i)   deeming a described class of persons to be employees of a municipality or regional district, and

(ii)   excepting a described class of persons as excluded from the definition of "employee",

which may be different for different specified municipalities and regional districts;

(d) prescribing information that must be included in the notice of nomination under section 85, which may be different for municipalities and regional districts and may be different for municipal elections at large and on the basis of a neighbourhood constituency;

(e) prescribing additional information or material required to be provided under section 90 (1) (e) [other information to be provided by candidate];

(f) prescribing matters that must be included in the solemn declaration under section 93 (1) (c) [endorsement documents];

(g) prescribing additional information or material required to be provided under section 93 (1) (d) [other information to be provided in endorsement documents] or 94 (1) (f) [other information to be provided by elector organization];

(h) establishing requirements, limits and conditions in relation to voting by mail ballot under section 110, which may be different for municipalities and regional districts;

(i) establishing requirements, limits and conditions in relation to voting under section 112 [use of voting machines], which may be different for different specified municipalities and regional districts;

(j) establishing requirements, limits and conditions in relation to municipal voting divisions under section 113, which may be different for municipalities of different population sizes;

(k) prescribing one or more alternative forms in which a specified solemn declaration must be made.

Part 4 — Assent Voting

Division 1 — General

Definitions in relation to this Part

169  The definitions in Part 3 [Electors and Elections] apply to this Part and, in addition, in this Part:

"assent voting" means voting conducted for a municipality or regional district on a matter referred to in section 170;

"voting area" means an area for which the applicable assent voting is to be conducted.

Assent voting to be conducted in same manner as election

170  (1) This Part applies to the following:

(a) voting on a bylaw or other matter for which assent of the electors is required;

(b) voting on a bylaw or other matter for which the local government is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment;

(c) voting on a referendum under section 336 [referendums regarding regional district services].

(2) Except as otherwise provided, Part 3 [Electors and Elections] applies in relation to

(a) voting referred to in subsection (1) as if the assent voting for the voting area were an election for an election area, and

(b) non-election assent voting advertising as if it were election advertising.

(3) For certainty, Division 18 [Election Offences] of Part 3 applies in relation to assent voting.

How assent of the electors is obtained

171  (1) Unless otherwise provided in this Act, assent of the electors to a bylaw or other matter is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question.

(2) If a bylaw that requires the assent of the electors does not receive that assent, a bylaw for the same purpose may not be submitted to the electors within a period of 6 months from the last submission except with the minister's approval.

Division 2 — Proceedings for Assent Voting

Who may vote at assent voting

172  (1) In order to vote at assent voting, a person must meet both of the following requirements:

(a) the person must meet the qualifications of section 65 as a resident elector, or section 66 as a non-resident property elector, in relation to the voting area for which the assent voting is to be conducted;

(b) the person must be registered in accordance with subsection (2).

(2) To vote at assent voting, a person must

(a) be registered, on or before the date established under subsection (4) (a) if applicable, as an elector of the municipality or electoral area to which the person's qualifications referred to in subsection (1) (a) relate, or

(b) register immediately before voting,

(i)   as an elector of the municipality or electoral area to which the person's qualifications referred to in subsection (1) (a) relate, or

(ii)   as an elector for the purposes of the assent voting only.

(3) Registration referred to in subsection (2) (b) (ii) is effective only for the assent voting being conducted at that time.

(4) If assent voting is not being held at the same time as an election for a municipality or electoral area in which the assent voting is to be conducted and advance registration for the municipality or electoral area is available under section 71,

(a) the chief election officer must establish a date after which registration as an elector of the municipality or electoral area will not entitle the person to vote at the assent voting and the person must instead register under subsection (2) (b) of this section in order to vote, and

(b) the following sections do not apply to the municipality or electoral area in relation to the assent voting:

(i)   section 77 (3), (6) and (7) [list of registered electors];

(ii)   section 79 [objection to registration of an elector];

(iii)   section 80 [resolving objections].

(5) If subsection (4) applies, at least 6 days but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election officer must give notice in accordance with section 50 [newspaper publication] of

(a) how a person may register in advance, and

(b) the date after which advance registration will not apply for the purposes of the assent voting.

Person may vote only once

173  A person may vote only once on a question submitted for assent voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more than one voting area.

General voting day for assent voting

174  (1) An authority in or under this or any other Act for the Lieutenant Governor in Council, a minister or the inspector to require a bylaw or other matter to be submitted for assent of the electors includes the authority to set a general voting day for obtaining that assent, subject to the restriction that general voting day must be on a Saturday.

(2) Unless general voting day is set under subsection (1), the chief election officer must set general voting day for assent voting to be on a Saturday in accordance with the following:

(a) in the case of a bylaw that is directed by the Lieutenant Governor in Council, a minister or the inspector to be submitted for the assent of electors, not more than 80 days after the date of the direction;

(b) in the case of a bylaw or other matter for which an alternative approval process was provided, not more than 80 days after the deadline for receiving elector responses under section 86 [alternative approval process] of the Community Charter;

(c) subject to paragraph (b) of this subsection, in the case of a bylaw requiring the approval of the Lieutenant Governor in Council, a minister or the inspector, not more than 80 days after the day of the approval or, if there is more than one approval required, of the last approval;

(d) in the case of other bylaws, not more than 80 days after the day the bylaw receives third reading;

(e) in the case of another matter, not more than 80 days after adoption of the authorizing bylaw or resolution.

Arrangements for assent voting

175  (1) In order for a bylaw under this Part or a bylaw referred to in section 56 [election bylaws] to apply in relation to assent voting, the bylaw must be adopted at least 6 weeks before general voting day for the assent voting.

(2) Unless subsection (3) or (4) applies, voting opportunities for the assent voting are those established under Part 3 [Electors and Elections] for the assent voting.

(3) Voting opportunities in a voting area for assent voting must be the same as those for an election being held at the same time as the assent voting if

(a) the municipality or regional district for which the election is being held is conducting the assent voting for the voting area, and

(b) the voting area for the assent voting is all or part of the election area for the election.

(4) As an exception to section 107 (1) (b) [second advance voting opportunity] for a voting area with a population of more than 5 000, a regional district board may, by bylaw, limit advance voting opportunities to the required advance voting opportunity under section 107 (1) (a) if all the following circumstances apply to the assent voting:

(a) mail ballot voting is available under section 110 (3) (b);

(b) the area specified for the purposes of section 110 (3) (b) includes all of the voting area for the assent voting;

(c) the voting area is part, but not all, of an electoral area;

(d) the assent voting is not being held at the same time as an election for the electoral area.

Notice of assent voting

176  (1) In place of a notice of election under section 99 [notice of election by voting], at least 6 days but not more than 30 days before general voting day for assent voting, the chief election officer must issue a notice of assent voting under this section in accordance with section 50 [newspaper publication].

(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of assent voting

(a) must be available for public inspection in the local government offices, during their regular office hours, of each municipality or regional district in which the assent voting is to be conducted, and

(b) may be made available at other locations and times as the chief election officer considers appropriate.

(3) A notice of voting must include the following information:

(a) the question that is to be voted on;

(b) the voting area;

(c) the qualifications required to be met in order to vote as an elector for the assent voting;

(d) the date of general voting day, the voting places established under section 105 [required general voting opportunities] for that day and the voting hours for those places;

(e) the documents that will be required in order for a person to register as an elector at the time of voting;

(f) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;

(g) if applicable, information required to be included under section 113 (5) [voting division information] regarding municipal voting divisions.

(4) If the assent voting is on a bylaw submitted for the assent of the electors or is authorized by a bylaw, the notice of voting must also include the following:

(a) either a copy of the bylaw or, if approved by the local government, a synopsis of the bylaw in accordance with subsection (5);

(b) if a synopsis of the bylaw is included, a statement that the synopsis is not an interpretation of the bylaw;

(c) the dates, times and places at which the bylaw may be inspected.

(5) A synopsis under subsection (4) (a) must include

(a) in general terms, the intent of the bylaw,

(b) the area that is the subject of the bylaw, and

(c) if applicable, the amount of the borrowing authorized by the bylaw.

(6) If subsection (4) applies, a full copy of the bylaw must be available for inspection by electors

(a) at the local government offices, during their regular office hours, of each municipality or regional district in which the assent voting is to be conducted, and

(b) at each place where voting is conducted.

(7) The notice of voting may also include any other information the chief election officer considers appropriate.

Ballots for assent voting

177  (1) A ballot for assent voting must

(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and

(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".

(2) Unless otherwise provided under this or another Act, separate ballots must be prepared for each question that is to be voted on.

When counting for assent voting is to be done

178  (1) As an exception to section 133 [when and where counting is to be done], the counting of the vote for assent voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the assent voting results under section 146.

(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with section 121 and are delivered to the chief election officer with the materials referred to in section 143.

Special procedures if voting is conducted by more than one local government

179  (1) This section applies to assent voting on a regional district bylaw or other regional district matter that is to be conducted by more than one local government.

(2) The regional district board must, by bylaw,

(a) establish the question to be used for all the voting, and

(b) if applicable, set the date for the required advance voting day under section 107 (1) (b) [second advance voting opportunity] for all voting areas other than a voting area referred to in section 175 (3) or (4) [arrangements for assent voting].

(3) Except for a voting area referred to in section 175 (3) [requirements for advance assent voting to be same as for election], the bylaws under sections 106, 108 and 109 [voting opportunities] of a local government other than the regional district board do not apply and, instead, the regional district may, by bylaw, establish voting opportunities under those sections for one or more voting areas for the assent voting.

(4) The regional district board must appoint

(a) a regional voting officer for the assent voting, and

(b) a deputy regional voting officer for the assent voting who, if the regional voting officer is absent or unable to act, must perform the duties and has the powers of the regional voting officer.

(5) The regional voting officer has the following duties and powers:

(a) to arrange for the coordination of the proceedings throughout the regional district;

(b) to set the general voting day for all voting throughout the regional district;

(c) to arrange for the preparation of the ballots for the voting;

(d) to direct the chief election officers for the local governments regarding the form and manner of notices that are required or authorized by this Act regarding the voting;

(e) to make the final determination of assent voting results under section 145 [determination of official election results] and the final declaration of assent voting results under section 146 [declaration of official election results] based on the results determined by the chief election officers of the local governments;

(f) to appoint the scrutineers for the final determination of assent voting results and any judicial recount in accordance with section 184 (4) and (5);

(g) to apply to the minister for an order under section 167 [ministerial orders in special circumstances].

(6) If there is a conflict between this section or an authority under this section and another provision of this Act or an authority under this Act, this section or the authority under it prevails.

Other general matters

180  (1) Notices under this Part may be combined with notices under Part 3 [Electors and Elections], as it applies to elections or to assent voting, as long as the requirements of all applicable sections are met.

(2) Section 159, requiring the publication of election results in the Gazette, does not apply to assent voting.

(3) Regulations under section 168 [election regulations], as it applies to assent voting, may be different for different types of assent voting.

Division 3 — Scrutineers for Assent Voting

Scrutineers for the question and scrutineers against the question

181  (1) Scrutineers for the question in assent voting and scrutineers against the question must be appointed under section 184 if applications in accordance with section 183 are received from persons who wish to volunteer for the positions.

(2) Only persons entitled to vote as electors in the assent voting are entitled to act as scrutineers for the assent voting, but election officials must not be appointed as scrutineers for the assent voting.

(3) Unless a bylaw under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part 3 [Electors and Elections] to be present.

(4) A local government may, by bylaw, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the bylaw.

(5) As a limit on the authority under subsection (4), a bylaw under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.

(6) The absence of a scrutineer from a place where proceedings for assent voting are being conducted does not invalidate anything done in relation to the assent voting.

Notice of applications to volunteer as scrutineer

182  (1) Not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 50 [newspaper publication].

(2) The notice must include the following information:

(a) the question that is to be voted on;

(b) the dates, times and places at which applications for scrutineers will be received;

(c) how interested persons can obtain information on the requirements and procedures for making an application.

(3) The notice may include any other information the chief election officer considers appropriate.

(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection in the local government offices, during their regular office hours, of each municipality or regional district in which the assent voting is being conducted.

Applications to volunteer to act as scrutineer for assent voting

183  (1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity.

(2) As an exception to subsection (1), if general voting day for assent voting is the general voting day for an election, the period for receiving applications

(a) may be established under subsection (1), and

(b) if it is not established under subsection (1), is the nomination period referred to in section 84.

(3) An application to act as a scrutineer for assent voting must be signed by the applicant and contain the following information:

(a) the full name of the person applying;

(b) the address to which the person applying wishes to have notices sent;

(c) if required by the chief election officer, a telephone number at which the person applying may be contacted;

(d) a statement that the applicant is entitled to vote as an elector in the assent voting and is entitled to act as a scrutineer for the assent voting;

(e) a statement as to whether the applicant is in favour of the question or opposed to the question;

(f) any other information required to be included by a regulation under subsection (5).

(4) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).

(5) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section.

Appointment of scrutineers for assent voting

184  (1) The chief election officer must

(a) on the basis of the applications received in accordance with section 183, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and

(b) assign scrutineers to each place at which scrutineers are entitled to be present under Part 3 [Electors and Elections].

(2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 181 [scrutineers for the question and scrutineers against the question],

(a) all these applicants must be appointed as scrutineers in accordance with subsection (1) of this section, and

(b) a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this.

(3) If there are more applicants on one side of the question than the maximum allowed under section 181, the following rules apply:

(a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 117 (a) to (d) [order of names on ballot determined by lot];

(b) the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present;

(c) names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed;

(d) the persons whose names are drawn must be appointed as scrutineers in accordance with subsection (1) of this section;

(e) in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) of this subsection are unable to act as scrutineers.

(4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question are entitled to be present at the final determination under section 145 of the assent voting and at any judicial recount of the assent voting.

(5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following:

(a) the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment;

(b) if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3).

(6) A scrutineer appointment must

(a) be made in writing,

(b) state the name and address of the person appointed,

(c) state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and

(d) be signed by the chief election officer.

Part 5 — Regional Districts: Purposes, Principles and Interpretation

Purposes of regional districts

185  Recognizing that regional districts are an independent, responsible and accountable order of government within their jurisdiction, the purposes of a regional district include

(a) providing good government for its community,

(b) providing the services and other things that the board considers are necessary or desirable for all or part of its community,

(c) providing for stewardship of the public assets of its community, and

(d) fostering the current and future economic, social and environmental well being of its community.

Principles for regional district-provincial relations

186  The relationship between regional districts and the Provincial government in relation to this Act is based on the following principles:

(a) cooperative relations between the Provincial government and regional districts are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia;

(b) regional districts need the powers that allow them to draw on the resources required to fulfill their responsibilities;

(c) notice and consultation is needed for Provincial government actions that directly affect regional district interests;

(d) the Provincial government recognizes that different regional districts and their communities have different needs and circumstances and so may require different approaches;

(e) the independence of regional districts is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally.

Broad interpretation

187  (1) The powers conferred on regional districts and their boards under this Act must be interpreted broadly in accordance with the purposes of this Act and in accordance with regional district purposes.

(2) If

(a) an enactment confers a specific power on a regional district or board in relation to a matter, and

(b) the specific power can be read as coming within a general power conferred under this Act,

the general power must not be interpreted as being limited by that specific power, but that aspect of the general power that encompasses the specific power may only be exercised subject to any conditions and restrictions established in relation to the specific power.

Application of municipal provisions to regional districts

188  If a provision of this Act or the Community Charter respecting municipalities is made applicable to regional districts, references in the provision are to be read as follows:

Reference To be read as
municipality................................... regional district
council.......................................... board
mayor........................................... chair
councillor...................................... director
municipal officer............................. regional district officer

References to regional district officers

189  Words in an enactment referring to a regional district officer, by name of office or otherwise, also apply to

(a) the officer's deputy, and

(b) any person designated by the board to act in the officer's place.

Continuation of regional districts

190  (1) Every regional district incorporated before Part 24 of the Municipal Act, R.S.B.C. 1979, c. 290, came into force on July 1, 1989 is continued as a corporation and is vested with the powers conferred on it by this Act.

(2) All bylaws validly adopted by a board before the Part referred to in subsection (1) came into force continue in force.

Continuation of regional parks and trails

191  (1) The repeal of the Park (Regional) Act does not alter or cancel an interest in, a right to or the park status of regional parks and regional trails set aside and dedicated under that Act.

(2) If, at the time of repeal of the Park (Regional) Act, a regional district provides a regional park or regional trail as a service under letters patent that refer to the Regional Parks Act, S.B.C. 1965, c. 43,

(a) the regional district may continue to provide this service in accordance with this Act as if the service were provided under the authority of an establishing bylaw for a service, and

(b) section 341 (3) to (6) [special rules in relation to continuation of older services] of this Act applies as if the service were a continued service under that section.

(3) Any reserve fund established by a regional district under the Park (Regional) Act must be continued on the repeal of that Act as a reserve fund under this Act held for the purpose of acquiring regional parks or regional trails.

Continuation of regulatory authority restrictions in relation to previous bylaws

192  (1) This section applies to bylaws under Part 24 of the Local Government Act, R.S.B.C. 1996, c. 323,

(a) that were in force on August 30, 2000, being the date on which section 803 of the Local Government Act, R.S.B.C. 1996, c. 323, as it then was, was repealed by the Local Government Statutes Amendment Act, 2000, or

(b) that had received first reading before that date and were adopted within one year after that date.

(2) Subject to subsection (3), provisions in the bylaws that are the exercise of regulatory authority do not apply within a municipality unless the bylaw expressly provides this application.

(3) If, on the date referred to in subsection (1), letters patent conferred exclusive jurisdiction on a board as referred to in section 803 (1) (b) of the Local Government Act, R.S.B.C. 1996, c. 323, before the repeal referred to in subsection (1) of this section, the authority of the regional district under that section 803 (1) (b) continues as if the section had not been repealed.

Part 6 — Regional Districts: Governance and Procedures

Division 1 — Regional Districts and Their Boards

Regional district corporations

193  Each regional district is a corporation.

Board as governing body

194  (1) The governing body of a regional district is its board.

(2) The powers, duties and functions of a regional district are to be exercised and performed by its board unless this or any other Act provides otherwise.

(3) A board, in exercising or performing the powers, duties and functions conferred on it by an enactment, is acting as the governing body of the regional district.

(4) Despite any change in its membership, the board of a regional district is a continuing body and may complete any proceedings started but not completed before the change.

Area of jurisdiction

195  A board may exercise or perform its powers, duties and functions only within the boundaries of the regional district unless authorized under this or another Act.

Division 2 — Board Members

Composition and voting rights

196  (1) Subject to section 253 (1) [treaty first nation directors], a board consists of municipal directors and electoral area directors.

(2) The number of votes to which each municipality and each electoral area is entitled is

(a) the number obtained by dividing the population of the municipality or electoral area by the voting unit specified in the letters patent, or

(b) if the number obtained by division under paragraph (a) is not a whole number, the next greater whole number.

(3) For purposes of voting power on a board, a change in the population of a municipality or an electoral area as established by census takes effect in the year following the year in which that census was taken.

Municipal directors: number of directors and assignment of votes

197  (1) The number of directors to which each municipality is entitled is

(a) the number obtained by dividing the number of votes to which that municipality is entitled under section 196 (2) [voting rights] by 5 or, if otherwise specified in letters patent for the regional district, by the other number specified, or

(b) if the number obtained by division under paragraph (a) is not a whole number, the next greater whole number.

(2) The votes of a municipality referred to in subsection (1) are to be equally distributed by the council among the directors from that municipality.

(3) If equal distribution is not possible under subsection (2),

(a) the council must assign the municipality's votes to each director as evenly as possible, but in no case may the difference between the maximum and minimum number of votes assigned be greater than one, and

(b) the municipal corporate officer must notify the regional district corporate officer of the assignment made under paragraph (a).

Appointment and term of office for municipal directors

198  (1) After the first appointment under section 41 (2) (e) [first board for regional district], each municipal director is to be appointed at pleasure by the council from among its members.

(2) The term of office of a municipal director

(a) begins when the person takes office in accordance with section 202 (3) [oath or affirmation of office], and

(b) continues until the earliest of the following:

(i)   another director taking office in the original director's place;

(ii)   the director ceasing to be a member of the council before the next general local election;

(iii)   November 30 in the year of a general local election.

Election and term of office for electoral area directors

199  (1) After the first election under section 41 (2) (f) [incorporation of new regional district], elections for electoral area directors are to be conducted in accordance with Part 3 [Electors and Elections].

(2) The term of office of an electoral area director elected at the time of the general local election

(a) begins on the first Monday after November 1 following the election or when the person takes office in accordance with section 202 (3) [oath or affirmation of office], whichever is later, and

(b) ends immediately before the first Monday after November 1 in the year of the next general local election or when the director's successor takes office, whichever is later.

Alternate directors: municipalities

200  (1) The council of a municipality may appoint a council member as an alternate director.

(2) The alternate director may take the place of, vote and generally act in all matters for an absent municipal director, including a matter delegated to that director by the board.

(3) If there is more than one municipal director, the authority under subsection (1) may be exercised either

(a) by specifying, for each municipal director, the council member who is the alternate director for that municipal director, or

(b) by appointing a number of alternate directors and establishing a system to determine which alternate director is to act in the place of any absent municipal director.

(4) As a restriction on subsection (3) (b), at any one time, an alternate director may act in place of only a single municipal director.

(5) If the council appoints an alternate director, the municipal corporate officer must notify the regional district corporate officer of the appointment in writing.

(6) An alternate director holds office as alternate director until another council member is appointed as a replacement and the regional district corporate officer has been notified of the new appointment.

(7) If the seat of a municipal director becomes vacant through resignation, disqualification or death, the alternate director appointed under subsection (1) becomes the municipal director in place of the director whose seat became vacant until a new director is appointed.

Alternate directors: electoral areas

201  (1) An electoral area director must appoint an alternate director as follows:

(a) the appointment must be made within 60 days of

(i)   the electoral area director being elected, or

(ii)   the office of the alternate director becoming vacant through resignation, disqualification or death;

(b) the person appointed must have the qualifications necessary to be nominated as a director for the electoral area.

(2) An appointment under subsection (1) takes effect when

(a) the appointment has been approved in writing by 2 electors who reside in the electoral area that the director represents, and

(b) the director notifies, in writing, the regional district corporate officer of the appointment of the alternate.

(3) If an electoral area director does not appoint an alternate director in accordance with subsection (1), the board must, by resolution, appoint a person who has the qualifications necessary to be nominated as a director for that electoral area as alternate director for the electoral area director.

(4) An appointment under subsection (3) takes effect when the resolution making the appointment is passed, and the alternate director so appointed holds office until the next general local election.

(5) If the office of an electoral area director becomes vacant through resignation, disqualification or death,

(a) the alternate director holds the office until that person's successor takes office following the next election for the office, or

(b) if the alternate director is unable or unwilling to hold office as director, the board must, by resolution, appoint another person who has the qualifications to be nominated as a director for the electoral area and that person holds the office as provided in paragraph (a).

(6) On behalf of an absent electoral area director, the alternate director appointed under this section may take the place of, vote and generally act in all matters for the absent electoral area director, including in relation to a matter delegated to that director by the board.

(7) The electoral area director who appointed an alternate director may appoint, as a replacement for the alternate director, another person who has the qualifications necessary to be nominated as a director for that electoral area.

(8) An alternate director appointed by an electoral area director holds office as alternate director until a replacement is appointed under subsection (7) or until the next general local election, whichever is earlier.

Oath or affirmation of office for board members

202  (1) A person elected or appointed to office on a board must make an oath or solemn affirmation of office within the following applicable time limit:

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

(b) in the case of an electoral area director elected by voting, within 45 days after the declaration of the results of the election;

(c) in the case of a person appointed to an electoral area under section 100 [appointment if an insufficient number of candidates are elected], within 45 days after the effective date of the appointment;

(d) in the case of a person appointed as municipal director, within 45 days after the effective date of the appointment;

(e) in the case of a person appointed as an alternate director, within 45 days after the effective date of the appointment or the first board meeting or board committee meeting at which the person acts in that capacity, whichever is latest.

(2) A person required to make an oath or solemn affirmation of office under subsection (1)

(a) must make the oath or solemn affirmation 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, the regional district corporate officer or the chief election officer, and

(b) must obtain the completed oath or solemn affirmation, or a certificate of it, from the person administering the oath or affirmation.

(3) A person takes office on a board

(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or solemn affirmation of office, or the certificate of it, to the regional district corporate officer, or

(b) at any later time that the person produces the completed oath or solemn affirmation of office, or the certificate of it, to that officer.

(4) If a person, other than a person appointed as an alternate director, does not make the required oath or solemn affirmation of office within the time limit established by subsection (1), the person is disqualified from holding office as follows until the next general local election:

(a) on a local government;

(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter;

(c) as a trustee under the Islands Trust Act.

(5) A board may, by bylaw, establish an oath or solemn affirmation of office for the purposes of this section, which may be different for different types of office.

(6) If no bylaw under subsection (5) applies, the oath or solemn affirmation of office to be made is that prescribed by regulation.

(7) A person taking office on a board may also make an oath of allegiance.

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

Resignation from office

203  (1) A board member may resign from office only by delivering a written resignation to the regional district corporate officer.

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

(3) The corporate officer must notify the board of a resignation at the next meeting of the board after the resignation is received or, if there are no other board members, the corporate officer must notify the minister.

Director disqualification for failure to attend meetings

204  (1) Subject to subsection (2), a board member is disqualified from holding office in accordance with subsection (3) if the member is absent from board meetings for whichever of the following is the longer time period:

(a) 60 consecutive days;

(b) 4 consecutive regularly scheduled board meetings.

(2) The disqualification under subsection (1) does not apply if the absence is because of illness or injury or is with the leave of the board.

(3) Disqualification under subsection (1) is disqualification until the next general local election from holding office

(a) on a local government,

(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or

(c) as a trustee under the Islands Trust Act.

Regional district directors: application of Community Charter

205  (1) The following provisions of the Community Charter apply to regional districts:

(a) Division 6 [Conflict of Interest] of Part 4 [Public Participation and Council Accountability];

(b) Division 7 [Challenge of Council Member Qualification for Office] of Part 4;

(c) section 282 (2) (e) [regulations in relation to Division 6 of Part 4];

(d) section 117 [duty to respect confidentiality].

(2) For the purpose of subsection (1), a reference to a delegate in section 102 (1) (c) [restrictions on inside influence] of the Community Charter is to be read as a reference to a delegate under section 229 [delegation of board authority] of this Act.

Division 3 — Voting and Voting Rights

Voting to be in accordance with this Division unless other rules apply

206  Except as otherwise provided under this or another Act, all resolutions and every reading and the adoption, amendment or repeal of regional district bylaws must be voted on and decided in accordance with this Division.

General rules: voting on resolutions and bylaws

207  (1) A resolution or the reading, adoption, amendment or repeal of a regional district bylaw must be decided by

(a) a majority of the votes cast, and

(b) voting in accordance with this Division.

(2) Each director who

(a) is present at the time of a vote, and

(b) is entitled to vote on the matter

must vote on the matter and must cast all available votes for the same objective.

(3) If a director who is entitled to vote does not indicate how he or she votes, the director is deemed to have voted in the affirmative.

(4) If the votes on a question, including the vote of the person presiding, are equal, the question is defeated.

(5) If, except for this subsection, only one director would be entitled to vote, each director who is present

(a) is entitled to vote, and

(b) has one vote.

General rule: each director has one vote

208  (1) In relation to voting on a resolution or the reading, adoption, amendment or repeal of a bylaw, each director who is present

(a) is entitled to vote, and

(b) has one vote.

(2) Without limiting subsection (1), voting on the following matters must be in accordance with that subsection:

(a) establishing bylaws for services;

(b) bylaws exercising a regulatory authority in relation to a regulatory service;

(c) resolutions and bylaws establishing services for which no establishing bylaw is required;

(d) resolutions and bylaws on the general conduct of the board's business, including bylaws under

(i)   section 225 [procedure bylaws],

(ii)   section 226 (1) or (2) [board proceedings: application of Community Charter], or

(iii)   section 227 [bylaw procedures: application of Community Charter];

(e) resolutions dispensing with the consent of an electoral area director under

(i)   section 347 (3) [proposed electoral participating area], or

(ii)   that section as it applies under section 349 (2) [amendment or repeal of establishing bylaws] or 407 (3) [loan authorization bylaws];

(f) resolutions appointing a director under section 355 (2) (c) [appointment of representative in relation to service disputes];

(g) resolutions and bylaws to exclude the determined value of eligible property from the apportionment for an eligible service under section 382 [exclusion of property under creditor protection from apportionment];

(h) subject to section 212 [special rules in relation to Part 13], resolutions and bylaws under Part 13 [Regional Growth Strategies];

(i) subject to section 213 [special rules in relation to Part 14], resolutions and bylaws under Part 14 [Planning and Land Use Management], other than regulatory service bylaws referred to in paragraph (b) of this subsection.

Special rule: weighted voting on the administration and operation of services

209  (1) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a service, other than the service referred to in section 338 (2) (a) [general administration], each director who is present and who represents a participating area for the service

(a) is entitled to vote, and

(b) subject to the establishing bylaw for the service, has the number of votes assigned to that director under section 196 (2) [weighted votes for municipalities and electoral areas].

(2) Without limiting subsection (1), voting on the following matters must be in accordance with that subsection:

(a) bylaws imposing fees or charges;

(b) bylaws under section 388 (2) [parcel tax collection in electoral areas] providing for the preparation of an assessment roll;

(c) bylaws exercising a regulatory authority, other than bylaws exercising a regulatory authority in relation to a regulatory service.

Special rule: weighted voting on financial matters

210  (1) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws referred to in subsection (2), each director who is present

(a) is entitled to vote, and

(b) has the number of votes assigned to that director under section 196 (2) [weighted votes for municipalities and electoral areas].

(2) Voting on resolutions and bylaws on the following matters must be in accordance with subsection (1):

(a) authorizing persons to enter into contracts on behalf of the regional district;

(b) authorizing the acquisition, expropriation or disposal of real property;

(c) adopting the financial plan under section 374 [annual financial plan];

(d) authorizing borrowing and liabilities under Division 6 [Expenditures and Liabilities] of Part 11 [Regional Districts: Financial Management].

Special rule: weighted voting for Metro Vancouver

211  (1) The following sections do not apply to the Greater Vancouver Regional District:

(a) section 208 [default rule: each director has one vote];

(b) section 209 [exception: weighted voting on the administration and operation of services];

(c) section 210 [exception: weighted voting on financial matters].

(2) For the Greater Vancouver Regional District, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, except as otherwise provided, each director who is present and, if the resolution or bylaw is in respect of a service, who represents a participating area for that service,

(a) is entitled to vote, and

(b) subject to the establishing bylaw for the service, has the number of votes assigned to that person under section 196 (2) [weighted votes for municipalities and electoral areas].

Special rules in relation to Part 13 [Regional Growth Strategies]

212  (1) Except as provided in subsection (2), if a resolution or bylaw under Part 13 [Regional Growth Strategies] is in relation to a regional growth strategy for an area that is less than the entire regional district, the directors who may vote are only those who represent a municipality or electoral area all or part of which is subject to the regional growth strategy.

(2) The voting rule in subsection (1) does not apply to votes on the following:

(a) initiation of the regional growth strategy;

(b) boundary changes for the area to which the regional growth strategy is to apply;

(c) implementation agreements under section 451 [coordination of activities to implement regional growth strategy];

(d) acceptance of a regional growth strategy for an adjoining regional district.

Special rules in relation to Part 14 [Planning and Land Use Management]

213  (1) The following apply in relation to an agreement under section 381 (2) [municipality sharing in some regional district costs for Part 14 services]:

(a) the director for the municipality is not entitled to vote on the resolution or bylaw authorizing the regional district to enter into the agreement;

(b) as soon as the agreement has been entered into, the director for that municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into any other agreement under that section;

(c) while the agreement is in force, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 14 [Planning and Land Use Management] except in accordance with the agreement.

(2) The following apply in relation to a municipality that has given notice under section 381 (3) [withdrawal from participation in Part 14 services]:

(a) as soon as the notice has been given, the director for the municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into an agreement under section 381 (2);

(b) effective the year following the year in which the notice is given and continuing until the municipality again participates in the service, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 14 except, if applicable, in relation to participation under section 381 (6) or (7) [limited continued participation].

Other special voting rules

214  Without limiting exceptions to the voting rules established by this Division, the following are provisions establishing other voting rules that apply in specific circumstances:

(a) section 220 (3) [waiver of special meeting notice: unanimous vote];

(b) section 228 [bylaw adopted at same meeting as third reading: 2/3 votes cast];

(c) section 230 (1) [delegation of board power, duty or function: 2/3 votes cast];

(d) section 233 (3) [membership in employers' organization: 2/3 votes cast];

(e) section 241 (2) [termination of a regional district officer: 2/3 votes cast];

(f) section 276 (2) [assistance for conservation of heritage property: 2/3 votes cast];

(g) section 295 [declaration of emergency: 2/3 votes cast];

(h) section 342 (4) [approval vote for entire proposed service area: 2/3 votes cast];

(i) section 347 (3) [establishing bylaw approval — dispensing with electoral area director consent: 2/3 votes cast];

(j) section 349 (2) [amendment or repeal of establishing bylaw — dispensing with electoral area director consent: 2/3 votes cast];

(k) section 391 (3) [property tax exemptions: 2/3 votes cast];

(l) section 392 (2) [heritage property tax exemptions: 2/3 votes cast];

(m) section 393 (5) [repayment of heritage property tax exemptions: 2/3 votes cast];

(n) section 394 (2) [riparian property tax exemptions: 2/3 votes cast];

(o) section 395 (5) [repayment of riparian property tax exemptions: 2/3 votes cast];

(p) section 406 (3) [amendment or repeal of loan authorization bylaw — dispensing with electoral area director consent: 2/3 votes cast];

(q) section 460 (3) [Part 14 — variation of time limit to reapply for bylaw amendment or permit: 2/3 vote of eligible local government members];

(r) section 590 (2) [Part 15 — variation of time limit to reapply for bylaw amendment or permit: 2/3 of votes cast].

Division 4 — Board Chair and Committees

Chair and vice chair of board

215  (1) At the first meeting held after November 1 in each year, the board must elect a chair and a vice chair.

(2) The vice chair has, during the absence, illness or other disability of the chair, all the powers of the chair and is subject to all rules applicable to the chair.

(3) If the chair and the vice chair are not present at a meeting of the board, the directors present may elect an acting chair who, during that meeting, has all the powers of the chair and is subject to all rules applicable to the chair.

(4) For the purposes of elections under this section, each director present at the meeting has one vote in each election for an office.

Responsibilities of chair

216  (1) The chair is the head and chief executive officer of the regional district.

(2) In addition to the chair's powers and duties as a board member, the chair has the following duties:

(a) to see that the law is carried out for the improvement and good government of the regional district;

(b) to communicate information to the board;

(c) to preside at board meetings when in attendance;

(d) to recommend bylaws, resolutions and measures that, in the chair's opinion, may assist the peace, order and good government of the regional district in relation to the powers conferred on the board by an enactment;

(e) to direct the management of regional district business and affairs;

(f) to direct the conduct of officers and employees in accordance with sections 239 [chair to direct and inspect officers and employees] and 240 [suspension of officers and employees].

Chair may require board reconsideration of a matter

217  (1) The chair of a regional district has the same authority as a mayor under section 131 [mayor may require council reconsideration of a matter] of the Community Charter.

(2) In exercising the power under subsection (1), the chair may return the matter for reconsideration at the meeting of the board following the original vote, whether or not this is within the 30 day period referred to in section 131 (2) of the Community Charter.

Appointment of select and standing committees

218  (1) A board may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.

(2) The chair may establish standing committees for matters the chair considers would be better dealt with by committee and may appoint persons to those committees.

(3) Subject to subsection (4), persons who are not directors may be appointed by the board to a select committee or by the chair to a standing committee.

(4) At least one member of each select and standing committee must be a director.

Division 5 — Board Proceedings

Regular and special board meetings

219  (1) A board must meet

(a) regularly in accordance with its bylaw under section 225 [procedure bylaws], and

(b) as it decides and as provided in this Act.

(2) A special board meeting is a board meeting other than a statutory, regular or adjourned meeting.

Calling of special board meetings

220  (1) The corporate officer must call a special meeting

(a) on request of the chair, or

(b) on request of any 2 directors.

(2) The corporate officer must call a special meeting by notice that

(a) states the general purpose and the date, hour and place of the meeting, and

(b) is mailed at least 5 days before the date of the meeting to each director at the address given by the director to the corporate officer for that purpose.

(3) The notice of any special meeting referred to in subsection (2) may be waived by a unanimous vote.

(4) In the case of an emergency, notice of a special meeting

(a) may be given, with the consent of the chair and 2 directors, less than 5 days before the date of the meeting, and

(b) need not be given in writing.

Electronic meetings and participation by members

221  (1) If permitted under subsection (3), a board meeting or a board committee meeting may be conducted by means of electronic or other communications facilities.

(2) Members of the board who are participating under this section in a meeting conducted in accordance with subsection (1) are deemed to be present at the meeting.

(3) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (1) and prescribing conditions, limits and requirements respecting such meetings.

Regulations establishing special rules for dealing with urgent issues

222  (1) The minister may, by regulation applicable to one or more regional districts, make provision for obtaining and counting votes of the directors on urgent issues and adopting resolutions and bylaws on those issues without the necessity of holding a board meeting.

(2) Regulations under subsection (1) may establish rules respecting the following:

(a) mechanisms for submitting urgent issues to the directors;

(b) the manner in which votes will be submitted by the directors;

(c) the counting of votes and subsequent ratification by the board of the resolutions and bylaws.

(3) A board member participating in a vote under subsection (1) is deemed to be present at a board meeting and a resolution or bylaw adopted under that subsection is deemed to have been adopted at a board meeting.

Minutes of board meetings and committee meetings

223  (1) Minutes of board meetings must be

(a) legibly recorded,

(b) certified as correct by the designated regional district officer, and

(c) signed by the chair or other member presiding at the meeting or at the next meeting at which they are adopted.

(2) Minutes of a board committee meeting must be

(a) legibly recorded, and

(b) signed by the chair or other member presiding at the meeting.

Meetings and hearings outside regional district

224  (1) If authorized under subsection (2), the following meetings, hearings and other proceedings may be held, and all powers, duties and functions may be exercised in relation to those proceedings, outside the boundaries of the regional district:

(a) board meetings;

(b) board committee meetings;

(c) other public meetings conducted by or on behalf of the board or a board committee;

(d) board hearings that are required by law or authorized by an enactment;

(e) board proceedings in which a person is entitled under this Act to make representations to the board.

(2) A board may do either or both of the following:

(a) by bylaw, provide that meetings, hearings or other proceedings referred to in subsection (1) may be held outside the boundaries of the regional district;

(b) by resolution in a specific case, allow a meeting, hearing or other proceeding to be held outside the boundaries of the regional district.

Procedure bylaws

225  (1) A board must, by bylaw, do the following:

(a) establish the general procedures to be followed by the board and by board committees in conducting their business, including the manner by which resolutions may be passed and bylaws adopted;

(b) provide for advance public notice respecting the date, time and place of board and board committee meetings and establish the procedures for giving that notice;

(c) identify places that are to be public notice posting places for the purposes of the application of section 94 [requirements for public notice] of the Community Charter to the regional district.

(2) A procedure bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the corporate officer for that purpose, at least 5 days before the meeting at which the amendment is to be introduced.

Board proceedings: application of Community Charter

226  (1) The following provisions of the Community Charter apply to regional districts in relation to meetings:

(a) Division 3 [Open Meetings] of Part 4 [Public Participation and Council Accountability];

(b) section 133 [expulsion from meetings];

(c) section 282 (2) (c) [regulations related to meeting rules].

(2) The following provisions of the Community Charter apply to regional districts:

(a) section 122 [exercise of powers by bylaw or resolution];

(b) section 134 [authority to compel witnesses].

(3) Section 132 [authority of presiding member] of the Community Charter applies to regional districts, except that a reference in that section to section 123 of the Community Charter is to be read as a reference to Division 3 [Voting and Voting Rights] of this Part.

Division 6 — Bylaw Procedures

Bylaw procedures: application of Community Charter

227  Subject to section 228 [immediate bylaw adoption], Division 3 [Bylaw Procedures] of Part 5 [Municipal Government and Procedures] of the Community Charter applies to regional districts.

Bylaw adoption at same meeting as third reading

228  A regional district bylaw that does not require approval, consent or assent under this or any other Act before it is adopted may be adopted at the same meeting at which it passes third reading if the motion for adoption receives at least 2/3 of the votes cast.

Division 7 — Delegation of Board Authority

Delegation of board authority

229  (1) Subject to the specific limitations and conditions established under this or another Act, a board may delegate its powers, duties and functions, including those specifically established by an enactment, to

(a) a board member or board committee,

(b) an officer or employee of the regional district, or

(c) another body established by the board.

(2) As exceptions, a board may not delegate the following:

(a) the making of a bylaw;

(b) a power or duty exercisable only by bylaw;

(c) a power or duty to appoint, suspend or terminate a regional district officer;

(d) a power or duty established by an enactment that the board hear an appeal or reconsider an action, decision or other matter;

(e) a power or duty established by this or any other Act that the board give its approval or consent to, recommendations on or acceptance of an action, decision or other matter;

(f) the power to impose a remedial action requirement under Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter.

(3) A board may not delegate under subsection (1) to a corporation.

(4) In exercising its powers under subsection (1), a board may establish any terms and conditions it considers appropriate.

Bylaw required for delegation

230  (1) Subject to section 231, a board may delegate a power, duty or function only by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast.

(2) A board may, by bylaw adopted by a majority of votes cast, amend or repeal a bylaw referred to in subsection (1) to reduce or revoke the delegation.

Delegation of hearings

231  (1) This section applies to the delegation of

(a) board hearings that are required by law or authorized under an enactment, other than hearings referred to in section 229 (2) (d), and

(b) board proceedings in which a person is entitled under this Act to make representations to the board.

(2) The following rules apply in relation to a delegation referred to in subsection (1):

(a) the delegation may be made specifically, by class of hearings or proceedings, or generally;

(b) the delegation may be made only to one or more directors;

(c) if a board decision is to be made following a delegated hearing or proceeding, the authority to make the decision may be delegated only to the directors to whom the matter is delegated;

(d) if a board decision referred to in paragraph (c) is not delegated under that paragraph, the board must not make the decision until the applicable directors report to the board the views expressed at the hearing or proceeding.

(3) As an exception to section 230 (1), a board may delegate the holding of a hearing by bylaw or resolution adopted by a majority of votes cast.

(4) For certainty, if a delegation has been made under this section, the board may exercise its authority under this section to revoke that delegation or change the delegation to a different delegation in relation to a specific hearing or proceeding.

Reconsideration of delegate's decisions

232  (1) This section applies if

(a) a board delegates a power to make a decision, and

(b) in relation to that delegation, an enactment establishes a right to have a delegated decision reconsidered by the board.

(2) The board must, by bylaw, establish procedures for such a reconsideration, including how a person may apply for the reconsideration.

(3) In undertaking a reconsideration referred to in subsection (2), a board has the same authority as that conferred on the delegate.

(4) If there is a right of reconsideration, the person making the decision must advise the person subject to the decision of this right.

Division 8 — Officers and Employees

Officers and employees for regional district

233  (1) Without limiting section 263 [corporate powers], a board may

(a) provide for the appointment of officers and other employees for the regional district, and

(b) subject to the Labour Relations Code and the Employment Standards Act, establish the terms and conditions of their employment, including terms and conditions respecting their remuneration, benefits, expenses, hours of work and manner of appointment, promotion, discipline and dismissal.

(2) In the event of a conflict between terms and conditions of employment established by bylaw, resolution or policy and those established by contract of employment or collective agreement, the contract or agreement prevails.

(3) A board may, by an affirmative vote of at least 2/3 of the votes cast, provide for the inclusion of its regional district in an employers' organization under the Labour Relations Code.

Officer positions

234  (1) A board

(a) must, by bylaw, establish officer positions in relation to the powers, duties and functions under sections 236 [corporate administration] and 237 [financial administration], with titles it considers appropriate,

(b) may, by bylaw, establish other officer positions for its regional district, with titles it considers appropriate, and

(c) may, by bylaw or resolution, assign powers, duties and functions to those officer positions.

(2) For certainty,

(a) a board may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and

(b) the same person may be appointed to 2 or more officer positions.

Chief administrative officer

235  One of the officer positions established under section 234 may be assigned the chief administrative responsibility, which includes the following powers, duties and functions:

(a) overall management of the administrative operations of the regional district;

(b) ensuring that the policies and directions of the board are implemented;

(c) advising and informing the board on the operation and affairs of the regional district.

Corporate administration

236  One of the officer positions established under section 234 must be assigned the responsibility of corporate administration, which includes the following powers, duties and functions:

(a) ensuring that accurate minutes of the meetings of the board and board committees are prepared and that the minutes, bylaws and other records of the business of the board and board committees are maintained and kept safe;

(b) ensuring that access is provided to records of the board and board committees, as required by law or authorized by the board;

(c) certifying copies of bylaws and other documents, as required or requested;

(d) administering oaths and taking affirmations, declarations and affidavits required to be taken under this or any other Act relating to regional districts;

(e) accepting, on behalf of the board or regional district, notices and documents that are required or permitted to be given to, served on, filed with or otherwise provided to the board or regional district;

(f) keeping the corporate seal, if any, and having it affixed to documents as required.

Financial administration

237  One of the officer positions established under section 234 must be assigned the responsibility of financial administration, which includes the following powers, duties and functions:

(a) receiving all money paid to the regional district;

(b) ensuring the keeping of all funds and securities of the regional district;

(c) expending and disbursing money in the manner authorized by the board;

(d) investing funds, until required, in authorized investments;

(e) ensuring that accurate records and full accounts of the financial affairs of the regional district are prepared, maintained and kept safe;

(f) exercising control and supervision over all other financial affairs of the regional district.

Oath of office for officers

238  Before taking on the duties of office, a person appointed to an officer position for a regional district must swear or affirm an oath of office in the form prescribed by regulation or established by bylaw.

Chair to direct and inspect officers and employees

239  (1) The chair must inspect and direct the conduct of officers and employees of the regional district.

(2) So far as the chair's power extends, the chair must see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished.

Suspension of officers and employees

240  (1) The chair must suspend an officer or employee if the chair considers this necessary.

(2) A suspension under subsection (1) must be reported to the board at its next meeting, and the board may

(a) reinstate the officer or employee,

(b) confirm the suspension,

(c) confirm and extend the suspension, or

(d) dismiss the officer or employee.

Termination of officer

241  (1) Subject to a contract of employment and subject to providing the officer with an opportunity to be heard, the appointment of a regional district officer may be terminated by the board as follows:

(a) in the case of termination for cause, by immediate termination without any period of notice;

(b) in any other case, by termination on reasonable notice.

(2) A termination under subsection (1) (b) may be made only by the affirmative vote of at least 2/3 of all directors.

Prohibition against interfering with regional district officials

242  A person must not interfere with, hinder or obstruct a regional district officer or employee in the exercise or performance of his or her powers, duties or functions.

Division 9 — Local Community Commissions

Establishment of local community commissions

243  (1) A board may, by bylaw, establish in an electoral area one or more local communities to be administered by local community commissions.

(2) A bylaw establishing a local community must do the following:

(a) name the local community;

(b) establish the boundaries of the local community;

(c) establish the time and manner of holding annual general meetings of the commission;

(d) establish either

(i)   that elections for commissioners are to be held every 4 years at the time of the general local election, or

(ii)   that elections for commissioners are to be held each year at a time specified in the bylaw.

(3) A bylaw establishing a local community may do one or more of the following:

(a) establish the manner of holding elections for commissioners, if this is to be different from that provided by the application of Part 3 [Electors and Elections];

(b) provide that the number of elected commissioners is to be 6;

(c) set terms, conditions and restrictions on activities of the commission.

(4) Except as provided by bylaw under subsection (3) (a), Part 3 applies to the election of commissioners.

(5) A bylaw under subsection (3) (a) must be adopted at least 8 weeks before the general voting day for the election to which it first applies.

Requirement for assent of electors and inspector approval

244  (1) A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw, has no effect unless it receives the assent of the electors in the area of the local community and is approved by the inspector.

(2) As an exception to subsection (1), the minister may waive the requirement for assent of the electors to a bylaw that amends or repeals a bylaw establishing a local community.

(3) For the purposes of obtaining the assent of the electors as required by this section, Part 4 [Assent Voting] applies and the voting area is to be the proposed local community or the local community, as applicable.

Commission membership

245  (1) The commission for a local community consists of

(a) as applicable,

(i)   4 elected commissioners unless a bylaw under section 243 (3) (b) [increase in number of commissioners] applies, or

(ii)   6 elected commissioners if such a bylaw does apply, and

(b) the director for the electoral area in which the local community is located.

(2) A commissioner must have the qualifications to hold office as a director.

(3) The term of office for elected commissioners is, as applicable,

(a) if the bylaw establishing the local community specifies that elections are to be held every 4 years, 4 years or until their successors are elected, whichever is later, or

(b) if the bylaw establishing the local community specifies that elections are to be held each year, one year or until their successors are elected, whichever is later.

(4) At each annual general meeting, the commissioners must elect a chair and a vice chair.

Division 10 — Other Matters

Giving notice to regional districts

246  If an enactment requires or permits

(a) notice to be given to a board or a regional district,

(b) a document to be served on a board or a regional district,

(c) a document to be filed with a board or a regional district, or

(d) a document to be delivered, sent, submitted or otherwise provided to a board or a regional district,

the notice, service, filing or other provision is effected if the notice or document is, as applicable, given to, served on, filed with or otherwise provided to the regional district corporate officer.

Notice by regional district: obligation satisfied if reasonable effort made

247  If this or another Act requires a regional district, a board or a regional district officer or employee to give notice or to mail, send or deliver a notice, the obligation is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Regional district records: application of Community Charter

248  The following provisions of the Community Charter apply to regional districts:

(a) section 162 [certified copies of municipal records];

(b) section 163 [evidence of municipal bylaws and other records].

Regulations to provide exemptions from Provincial approval requirements

249  (1) In this section:

"approval requirement" means a provision in or under this or any other Act that has the effect of requiring approval or consent of the Lieutenant Governor in Council, a minister, the inspector or another official before a regional district bylaw or other action is adopted, is taken or is effective;

"responsible authority" means

(a) in relation to approval or consent of the Lieutenant Governor in Council, the Lieutenant Governor in Council,

(b) in relation to approval or consent of a minister, that minister,

(c) in relation to approval or consent of the inspector, the minister responsible for the administration of this Act, and

(d) in relation to approval or consent of another official, the minister responsible for the administration of the provision establishing the approval requirement.

(2) Despite this or any other Act, the responsible authority may, by regulation, provide exemptions from an approval requirement.

(3) A regulation under this section may provide that an exemption is or may be made subject to the terms and conditions specified by the minister responsible or by a person designated by name or title in the regulation.

Part 7 — Regional Districts: Treaty First Nation Membership and Services

Treaty first nation membership in regional district

250  (1) If a final agreement provides for the membership of the treaty first nation in a regional district,

(a) this Act, as modified by this Part, applies to the treaty first nation as a member as if the treaty first nation were a municipality in the regional district, and

(b) the treaty first nation director has the same functions, powers, duties and obligations, as modified by this Part, as a municipal director.

(2) For certainty, to the extent that the Community Charter applies to a regional district of which a treaty first nation is a member or to a director as a member of the board, the Community Charter applies to the treaty first nation as a member of the regional district and to the treaty first nation director as a member of the board.

Interpretation rules for applying this Act and the Community Charter in relation to treaty first nation membership

251  (1) The following apply for the purpose of applying the provisions of this Act or the regulations under this Act in relation to the participation of a treaty first nation as a member of a regional district:

(a) a reference to "municipality" within the meaning of paragraph (a) of its definition in the Schedule to the Community Charter must be read as a reference to the treaty first nation;

(b) a reference to "municipality" within the meaning of paragraph (b) of its definition in the Schedule to the Community Charter must be read

(i)   as a reference to the treaty lands of the treaty first nation, and

(ii)   if the reference is in relation to a regional district, as a reference to the portion of those treaty lands that are within the boundaries of the regional district;

(c) a reference to "council" must be read as a reference to the governing body of the treaty first nation;

(d) a reference to "municipal director" must be read as a reference to the treaty first nation director of the treaty first nation;

(e) a reference to "municipal participating area" must be read as a reference to a treaty first nation participating area of the treaty first nation;

(f) a reference to "mayor" must be read as a reference to the head of the treaty first nation;

(g) a reference to a bylaw of a municipality must be read as a reference to a law of the treaty first nation;

(h) a reference to "official community plan" must be read as a reference to the land use plan that has the same or similar purposes in relation to the treaty first nation's treaty lands as an official community plan has in relation to a municipality;

(i) the references to "municipal corporate officer" in sections 197 (3) [notice respecting assignment of votes] and 200 (5) [notice of alternate director] must be read as references to the officer or employee designated by the treaty first nation for the purposes of giving notice to the regional district corporate officer under those sections.

(2) For the purpose of applying the provisions of this Act or the regulations under this Act in relation to the participation of a treaty first nation as a member of a regional district, references to "local government" do not include treaty first nations except in the following:

(a) the following provisions of Part 3 [Electors and Elections]:

(i)   section 57 [costs of elections];

(ii)   section 58 [appointment of election officials];

(iii)   section 81 (2) (b) [persons disqualified from holding office];

(iv)   section 112 [use of voting machines];

(v)   Division 10 [Voting Opportunities];

(vi)   Division 12 [Conduct of Voting Proceedings];

(vii)   Division 15 [Judicial Recount];

(viii)   Division 17 [Final Proceedings];

(b) the following provisions of Part 4 [Assent Voting]:

(i)   Division 2 [Proceedings for Assent Voting];

(ii)   Division 3 [Scrutineers];

(c) Division 6 [Dispute Resolution in Relation to Services] of Part 10 [Regional Districts: Service Structure and Establishing Bylaws].

(3) Except as provided in section 256 (2) [treaty first nation electors: participating area approval], for the purpose of applying provisions of the Community Charter to a regional district of which a treaty first nation is a member, a reference to "elector" in relation to the treaty first nation and its treaty lands must be read as a reference to individuals who would be qualified to register as a resident elector or non-resident property elector of the treaty lands of that treaty first nation if the treaty lands were a municipality.

Regional district letters patent and treaty lands

252  (1) If the final agreement of a treaty first nation provides for membership of the treaty first nation in a regional district on a specified date, the Lieutenant Governor in Council may issue letters patent to

(a) include in the regional district the treaty first nation and all or the portion of the treaty lands that, before the effective date of the final agreement, were within the boundaries of the regional district, and

(b) subject to this Act, do everything necessary to enable that membership in accordance with the final agreement,

effective on the specified date.

(2) If on a specified date referred to in subsection (1) the letters patent for the applicable regional district have not been amended or reissued, the letters patent are deemed amended to include the treaty lands described in subsection (1) (a).

(3) If the final agreement of a treaty first nation contemplates membership of a treaty first nation in a regional district but does not specify when the membership begins, the Lieutenant Governor in Council, on the request of the treaty first nation and after consulting with the affected regional district, may issue letters patent to

(a) include in the regional district the treaty first nation and all or the portion of the treaty lands of the treaty first nation, as contemplated by the final agreement, and

(b) subject to this Act, do everything necessary to enable that membership in a manner consistent with the final agreement.

Treaty first nation directors

253  (1) If a treaty first nation is a member of a regional district, the board of the regional district consists of municipal directors, treaty first nation directors and electoral area directors.

(2) For certainty, sections 196 [board membership] and 197 [weighted votes for municipalities and electoral areas] apply for the purpose of determining the number of directors and votes to which a treaty first nation is entitled.

(3) A treaty first nation must appoint a director to a board from among the elected members of its governing body.

(4) To be eligible for appointment under subsection (3), the person must be qualified to hold office as a member of a local government in accordance with section 81 [who may hold office].

(5) Section 82 (2) (a) and (3) (b) [disqualification of local government employees] does not apply in relation to a person referred to in subsection (3) of this section.

Term of office of treaty first nation director

254  (1) Section 198 (2) [appointment and term of office of municipal directors] does not apply in relation to a treaty first nation director.

(2) The term of office of a treaty first nation director

(a) begins when the person takes office in accordance with section 202 (3) [oath or affirmation of office], and

(b) continues until the earliest of the following occurs:

(i)   another director takes office in the original director's place;

(ii)   the director ceases to be an elected member of the governing body of the treaty first nation before the end of the director's term of office as a member of that body;

(iii)   the director ceases to be qualified to hold office under section 81 [who may hold office];

(iv)   the director's term of office as a member of the governing body of the treaty first nation ends.

Alternate treaty first nation director

255  (1) Section 200 (1) [alternate municipal directors] does not apply in relation to a treaty first nation.

(2) A treaty first nation may appoint as an alternate director an elected member of its governing body who is qualified to hold office as a member of a local government in accordance with section 81 [who may hold office].

(3) Section 82 (2) (a) and (3) (b) [disqualification of local government employees] does not apply in relation to the elected member appointed under subsection (2) of this section.

Treaty first nation electors for regional district services

256  (1) For the purposes of the application of Part 4 [Assent Voting] in relation to the membership of a treaty first nation in a regional district,

(a) section 172 [who may vote at assent voting] does not apply, and

(b) individuals may vote if they

(i)   are qualified to do so under a law of the treaty first nation enacted for the purposes of this section, and

(ii)   register in accordance with that law.

(2) For the purpose of obtaining participating area approval by alternative approval process within treaty lands, individuals may submit a response as an elector under section 86 of the Community Charter if they are qualified to vote under the law referred to in subsection (1) (b) of this section.

Tax base, requisition and collection of funds for treaty lands

257  (1) This section applies only in relation to the treaty lands of treaty first nations that are not taxing treaty first nations.

(2) Except as provided in this section, Division 3 [Requisition and Tax Collection] of Part 11 [Regional Districts: Financial Management] does not apply in relation to the requisition and collection of taxes in treaty lands.

(3) Section 384 (1), (5) and (6) [tax base for property value taxes] applies in relation to a treaty first nation participating area as if the treaty first nation participating area were an electoral participating area.

(4) On or before April 10 in each year, the designated regional district officer must send to the minister charged with the administration of the Taxation (Rural Area) Act a requisition in respect of each service stating the amount required during the year in respect of each treaty first nation participating area.

(5) The amounts requisitioned under subsection (4) may be paid by the minister charged with the administration of the Financial Administration Act from the consolidated revenue fund.

(6) If a requisition is delivered under subsection (4), the amount requisitioned must be collected by the government as follows:

(a) in the case of an amount that is to be recovered by means of a property value tax, by imposing the tax within the treaty first nation participating areas in accordance with the Taxation (Rural Area) Act, using the applicable tax base authorized under section 384 [tax base for property value taxes] of this Act as it applies under subsection (3) of this section;

(b) in the case of an amount that is to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the treaty first nation participating areas, on the basis of the parcel tax roll under subsection (7).

(7) If a parcel tax is to be imposed under this section,

(a) the board must, by bylaw, provide for the preparation of a parcel tax roll for the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 of the Community Charter applies,

(b) the authenticated parcel tax roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and

(c) the authenticated parcel tax roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.

(8) An amount to be recovered under subsection (6) must be imposed by the government as if it were a tax, and the Taxation (Rural Area) Act and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalties and interest on unpaid taxes apply to taxes imposed under this section.

(9) For the purpose of applying section 382 [property under creditor may be excluded from apportionment] in relation to property taxation within treaty lands, in order to be effective for the requisition in the current year, the board must make an exclusion referred to in section 382 (2) before the requisition for that year in respect of the eligible service is sent to the minister under subsection (4) of this section.

(10) Section 399 (2) (b) [special fees and charges to be collected as taxes — notice to Surveyor of Taxes] does not apply in relation to a treaty first nation, but a statement referred to in that section must be sent to the Surveyor of Taxes in respect of any amount referred to in section 399 (1) in relation to the treaty lands of the treaty first nation.

(11) Section 399 (4) [recovery by way of tax sale] does not apply in relation to treaty lands.

Tax base, requisition and collection of funds for treaty lands of taxing treaty first nations

258  (1) Section 384 (1) and (4) [tax base for property value taxes] does not apply in relation to property taxes within the treaty lands of a taxing treaty first nation.

(2) If a requisition is delivered to a taxing treaty first nation under section 385 [requisition of funds from municipalities] of this Act, except as provided in subsection (4) of this section, the amount requisitioned must be collected by the taxing treaty first nation as follows:

(a) in the case of an amount that under a bylaw must be recovered by means of a property value tax, by imposing the tax in accordance with Division 3 [Property Value Taxes] of Part 7 of the Community Charter, as that Part applies in relation to a tax referred to in section 197 (1) (b) of that Act, using the applicable tax base authorized under section 384 (2) of this Act;

(b) in the case of an amount that under a bylaw must be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the treaty first nation participating areas of the taxing treaty first nation in accordance with Division 4 [Parcel Taxes] of Part 7 of the Community Charter;

(c) in the case of an amount to which neither paragraph (a) nor (b) of this subsection applies or an amount for a service for which no establishing bylaw is required, if the taxing treaty first nation imposes a property tax within its treaty lands specifically for the purpose of raising the amount of a requisition, by imposing a property value tax on the basis of the net taxable value of land and improvements in the treaty first nation participating areas as if the tax were a tax referred to in section 197 (1) (b) of the Community Charter.

(3) In the circumstances described in subsection (2) (a) or (c), the taxing treaty first nation must set out separately on a tax notice given to the owner

(a) the amount of the taxes imposed, and

(b) the rate at which the taxes are imposed

in relation to the specific requisition.

(4) If a requisition is received by a taxing treaty first nation under section 385 and subsection (2) of this section does not apply, the taxing treaty first nation need only comply with section 385 (2).

(5) Section 399 (2) to (5) [special fees and charges to be collected as taxes] does not apply in relation to fees, charges and other amounts described in section 399 (1) that are payable in relation to treaty lands.

(6) If fees, charges and other amounts described in section 399 (1) are owed by a person in relation to the treaty lands of a taxing treaty first nation and not paid on or before December 31 in the year in which they are incurred, the regional district financial officer must send an invoice to the treaty first nation on or before April 10 in the next taxation year and section 385 (2) applies as if the invoice were a requisition for the current year.

Treaty first nations and regional district financing

259  (1) Despite section 412 (1) [general liability provisions],

(a) section 410 [financing municipal undertakings] does not apply in relation to treaty first nations,

(b) a treaty first nation director may not vote on a bylaw referred to in section 410 (2), and

(c) for certainty, a treaty first nation is not liable for regional district borrowing under section 410.

(2) Section 412 (2) [municipal default on debt] does not apply in relation to a default of a treaty first nation.

Services to treaty first nation members

260  (1) This section applies if the final agreement of a treaty first nation provides that, on becoming a member of a regional district, the treaty first nation will participate in specified regional district services.

(2) If a specified service is provided under letters patent, those letters patent are deemed amended to include the treaty first nation as participating in that service and the treaty lands of that treaty first nation as a participating area of that service.

(3) If a specified service is provided under a bylaw, that bylaw is deemed amended to include the treaty first nation as participating in that service and the treaty lands of that treaty first nation as a participating area of that service.

Services to treaty lands outside regional district

261  (1) Section 333 (1) (a) and (4) (a) [consent required for services outside regional district] does not apply to the establishment and operation of a service in the treaty lands of a treaty first nation that are outside a regional district if the treaty first nation is a member of the regional district.

(2) If a service is provided both inside and outside the regional district to the treaty lands of a treaty first nation that is a member of the regional district, the treaty lands receiving the service must be treated as one participating area.

Non-member treaty first nation participation in regional district elections

262  (1) This section applies to a treaty first nation only if the treaty first nation's final agreement provides that residents of the treaty lands of the treaty first nation may vote in elections for electoral area directors.

(2) If a treaty first nation is not a member of any regional district, individuals who

(a) would have been qualified to vote in elections for an electoral area director prior to the effective date of the treaty first nation's final agreement, and

(b) after that date, would not be qualified to vote in those elections but for the provision of the final agreement referred to in subsection (1)

may continue to vote in electoral area director elections unless an order under subsection (3) provides otherwise.

(3) On the recommendation of the minister after consultation with the affected local government and the treaty first nation, the Lieutenant Governor in Council may specify, by order, for the purposes of voting in electoral area director elections, in which electoral area individuals may vote who would not qualify to vote in those elections but for the provision of the final agreement referred to in subsection (1).

(4) For the purposes of voting in elections referred to in this section,

(a) treaty lands are deemed to be within the applicable electoral area, and

(b) individuals referred to in subsection (2) or in an order under subsection (3) must be qualified to register as a resident elector or non-resident property elector of that applicable electoral area.

Part 8 — Regional Districts: General Powers and Responsibilities

Division 1 — General Powers

Corporate powers

263  (1) Subject to the specific limitations and conditions established under this or another Act, the corporate powers of a board include the following:

(a) to make agreements respecting

(i)   the regional district's services, including agreements respecting the undertaking, provision and operation of those services, other than the exercise of the board's regulatory authority,

(ii)   operation and enforcement in relation to the board's exercise of its regulatory authority, and

(iii)   the management of property or an interest in property held by the regional district;

(b) to make agreements with a public authority respecting

(i)   activities, works or services within the powers of a party to the agreement, other than the exercise of regulatory authority, including agreements respecting the undertaking, provision and operation of activities, works and services,

(ii)   operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and

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

(c) to provide assistance for the purpose of benefiting the community or any aspect of the community;

(d) to acquire, hold, manage and dispose of land, improvements, personal property or other property, and any interest or right in or with respect to that property;

(e) to delegate its powers, duties and functions, in accordance with Division 7 [Delegation of Board Authority] of Part 6 [Regional Districts: Governance and Procedures];

(f) to engage in commercial, industrial and business undertakings and incorporate a corporation or acquire shares in a corporation for that purpose;

(g) to establish commissions to

(i)   operate regional district services,

(ii)   undertake operation and enforcement in relation to the board's exercise of its regulatory authority, and

(iii)   manage property or an interest in property held by the regional district.

(2) In exercising its powers under subsection (1), a board may establish any terms and conditions it considers appropriate.

(3) The powers of a board under subsection (1) may be exercised outside the boundaries of the regional district.

Minister approval required for certain out-of-Province or out-of-country agreements

264  (1) An agreement between a board and a public authority in another province respecting the provision and operation of works and services has no effect unless it is approved by the minister.

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

Inspector approval required for incorporation or acquisition of corporations

265  (1) A regional district may only

(a) incorporate a corporation other than a society, or

(b) acquire shares in a corporation

with the approval of the inspector or as authorized by regulation.

(2) An incorporation or acquisition under subsection (1) applies as an exception to the restriction under section 183 [investment of municipal funds] of the Community Charter as that section applies under section 377 [financial management] of this Act.

Division 2 — Public Access to Records

Public access to regional district records

266  (1) In addition to the public access provided by the Freedom of Information and Protection of Privacy Act, a board may, by bylaw, provide for public access to its records and establish procedures respecting that access.

(2) If an enactment requires that a regional district record be available for public inspection, that obligation is met by having the record available for public inspection at the regional district offices during regular office hours.

(3) If a regional district record is available for public inspection, a person may have a copy made of all or part of the record on payment of any applicable fee the board establishes under section 397 [imposition of fees and charges].

(4) A person inspecting a record of a regional district must not, without authorization, remove the record from the place where it has been provided for inspection.

Disclosure of information relating to agreements that require elector approval or assent

267  (1) If an agreement is proposed or made in relation to a matter that requires approval of the electors or assent of the electors,

(a) the agreement, and

(b) all records relating to the agreement that are in the custody or under the control of the regional district

must be available for public inspection at the regional district offices during the time when the approval or assent process is underway.

(2) Subsection (1) does not apply to records that must not be disclosed under the Freedom of Information and Protection of Privacy Act.

(3) Notices under the following in relation to an agreement referred to in subsection (1) must state that the agreement and the records relating to it are available for public inspection in the regional district offices during their regular office hours:

(a) section 176 [notice of assent voting] of this Act;

(b) section 86 (2) [notice of alternative approval process] of the Community Charter.

Other public access requirements: application of Community Charter

268  (1) Section 97 [other records to which public access must be provided] of the Community Charter applies to regional districts.

(2) An obligation under this section to provide public access to a regional district record does not apply to records that must not be disclosed under the Freedom of Information and Protection of Privacy Act.

Division 3 — Approval of the Electors

Processes for obtaining approval of the electors

269  If approval of the electors is required under this Act or the Community Charter in relation to a proposed regional district bylaw, agreement or other matter, that approval may be obtained by either

(a) assent of the electors, or

(b) approval of the electors by alternative elector approval process.

Approval of the electors: application of Community Charter

270  The following provisions apply for the purposes of this Division:

(a) Division 1 [General] of Part 4 [Assent Voting];

(b) section 282 (2) (d) [regulations in relation to elector response forms] of the Community Charter.

Division 4 — Providing Assistance

Definition of "assistance"

271  For the purposes of section 263 (1) (c) [assistance for community benefit] and this Division, "assistance" means providing a grant, benefit, advantage or other form of assistance, including

(a) any form of assistance referred to in section 272 (1), and

(b) an exemption from a tax, fee or charge.

Publication of intention to provide certain kinds of assistance

272  (1) A board must publish in a newspaper its intention to provide any of the following assistance:

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

(b) lending money;

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

(d) assistance under a partnering agreement.

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

(a) the intended recipient of the assistance, and

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

General prohibition against assistance to business

273  As a limitation on section 263 (1) (c) [assistance for community benefit], a board must not provide assistance to an industrial, commercial or business undertaking.

Exception for assistance under partnering agreements

274  Despite section 273 and in addition to the power under section 263 (1) (c) [assistance for community benefit], a board may provide assistance under a partnering agreement.

Exception for assistance in relation to utilities or mountain resorts

275  Despite section 273, a regional district may operate the service of

(a) providing capital financing for services provided by a telephone, natural gas or electric power utility, or

(b) the giving of grants to an applicant for a business promotion scheme under section 215 [business improvement areas] of the Community Charter in relation to a mountain resort.

Exception for heritage conservation purposes

276  (1) A board may provide assistance for one or more of the purposes referred to in section 25 (2) [heritage assistance] of the Community Charter.

(2) A board may, by an affirmative vote of at least 2/3 of the votes cast, provide assistance for the conservation of property referred to in section 25 (3) [heritage property assistance to business] of the Community Charter.

(3) The powers under this section are in addition to the power under section 263 (1) (c) [assistance for community benefit] and apply despite section 273 [general prohibition against assistance to business].

Limitation on assistance by means of tax exemption

277  As a limitation on sections 263 (1) (c) [assistance for community benefit] and 274 [exception for assistance under partnering agreements], a board may provide a property tax exemption only in accordance with Division 4 [Tax Rates and Exemptions] of Part 11 [Regional Districts: Financial Management].

Division 5 — General Property Powers

Reservation and dedication of land for public purpose: application of Community Charter

278  Section 30 [reservation and dedication of municipal property] of the Community Charter applies to regional districts.

Control of Crown land parks dedicated by subdivision

279  (1) If land outside a municipality is dedicated to the public for the purpose of a park or a public square by a subdivision plan deposited in the land title office, by which title is vested in the Crown, the regional district in which it is located is entitled to possession and control of the land for that purpose.

(2) If land referred to in subsection (1) was dedicated as referred to in that subsection before July 1, 1957, being the date on which the Municipal Act, S.B.C. 1957, c. 42, came into force, the regional district is deemed to have had possession and control of it for that purpose from the date it was dedicated, and continues to have that possession and control.

Disposition of regional parks and trails

280  (1) A regional district may, by bylaw adopted with the approval of the electors,

(a) sell a regional park or regional trail, or

(b) exchange a regional park or regional trail for other land to be used for park purposes.

(2) The regional district must place the proceeds of a sale under subsection (1) (a) to the credit of a reserve fund established for the purpose of acquiring regional parks or regional trails.

(3) All land taken in exchange under subsection (1) (b) is dedicated for the purpose of a park and title to that land vests in the regional district.

(4) Transfers of land under this section have effect free of any dedication to the public for the purpose of a park.

Exchange of park land: application of Community Charter

281  (1) Section 27 [exchange or other disposal of park land] of the Community Charter applies to land

(a) referred to in section 279 [Crown land parks dedicated by subdivision] of this Act,

(b) vested in a regional district under section 510 (13) [park land in relation to subdivision] of this Act, or

(c) vested in a regional district under section 567 (5) (a) [park land in place of development cost charges] of this Act.

(2) All land taken in exchange under this section is dedicated for the purpose of a park or public square, and title to that land vests as follows:

(a) in the case of land referred to in subsection (1) (a), in the Crown with right of possession and control in the regional district;

(b) in the case of land referred to in subsection (1) (b) or (c), in the regional district.

(3) A transfer under this section of land referred to in subsection (1) (a) has effect as a Crown grant.

Power to accept property on trust

282  (1) Without limiting section 263 [corporate powers], a board may accept any property devised, bequeathed, conveyed or otherwise transferred to the regional district, subject to any trusts on which the property is transferred.

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

(3) All money held by a regional district subject to a trust must, until required for the purposes of the trust, be invested in accordance with section 183 [investment of municipal funds] of the Community Charter as that section applies under section 377 (1) [general accounting rules] of this Act.

(4) If, in the opinion of a board, the terms or trusts imposed by a donor, settlor, transferor or will-maker are no longer in the best interests of the regional district, the board may apply to the Supreme Court for an order under subsection (5).

(5) On an application under subsection (4), the Supreme Court may vary, by order, the terms or trusts that the court considers will better further both the intent of the donor, settlor, transferor or will-maker and the best interests of the regional district.

(6) Section 87 [discharge of trustee's duty] of the Trustee Act applies to an order under subsection (5).

Plans respecting use of local government right of way

283  A board may require a person using a local government right of way other than a highway to provide the regional district, if reasonably possible, with accurate plans and profiles of any of the person's works and facilities using the right of way.

Authority to enter on or into property: application of Community Charter

284  (1) Section 16 (1) to (5) [authority to enter on or into property] of the Community Charter applies in relation to an authority under this or another Act for a regional district to enter on property, except that a reference to section 16 (6) (a) of that Act is to be read as a reference to section 419 [inspections to determine whether bylaws are being followed] of this Act.

(2) Without limiting the matters to which this section applies, a regional district may enter on property for the purpose of taking action authorized under section 418 [authority to fulfill requirements at defaulter's expense].

Division 6 — Disposing of Land and Improvements

Disposition of land and improvements

285  (1) Subject to subsection (2), if a board intends to dispose of land or improvements, it must make the land or improvements available to the public for acquisition.

(2) The requirement under subsection (1) does not apply if the disposition is

(a) to a not-for-profit corporation,

(b) to a public authority,

(c) to a person who, as part of the consideration for the disposition, will exchange land or an improvement with the regional district,

(d) to a person under a partnering agreement that has been the subject of a process involving the solicitation of competitive proposals, or

(e) a disposition of land to an owner of adjoining land for the purpose of consolidating the lands.

Notice of proposed disposition

286  (1) A board intending to dispose of land or improvements must publish notice of its intention in a newspaper in accordance with subsection (2) or (3), as applicable.

(2) If the disposition is a disposition referred to in section 285 (2), the notice must include

(a) a description of the land or improvements,

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

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

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

(3) For all other dispositions, the notice must include

(a) a description of the land or improvements,

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

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

Use of money from sale of land or improvements

287  (1) Subject to subsections (2) and (3), all money received by a regional district from the sale of land or improvements must be placed to the credit of a reserve fund.

(2) If, after money is received under subsection (1), a debt incurred by the regional district for the purchase or management of the land or improvements remains, there must be set aside all or part of the proceeds of the disposition, as required to repay the debt as it matures together with interest.

(3) Except as required by subsection (2), in the case of a sale of park land, a regional park or a regional trail, the proceeds of the disposition must be placed to the credit of a reserve fund established for the purpose of acquiring park lands.

Disposal of water systems, sewer systems and utilities

288  (1) As a limitation on section 263 (1) (d) [corporate powers in relation to property], the following works may be disposed of only in accordance with this section:

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

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

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

(d) works for a transportation system, telephone system, closed circuit television system or television rebroadcasting system.

(2) The works may be disposed of only if at least one of the following applies:

(a) the works are no longer required for the purpose described;

(b) the works are disposed of to a municipality in the regional district;

(c) in the case of works referred to in subsection (1) (a) or (b) that are used by the regional district to provide a water or sewer service,

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

(ii)   the intended disposition receives the assent of the electors;

(d) in the case of works not referred to in paragraph (c), the board has obtained the approval of the electors in relation to the proposed disposition.

(3) For the purposes of subsection (2) (c) (ii),

(a) the notice under section 176 [notice of assent voting] must include a description of the agreement referred to in subsection (2) (c) (i), and

(b) section 267 [disclosure of information relating to agreements] applies to that agreement.

Division 7 — Expropriation and Compensation

Expropriation power

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

(2) Without limiting subsection (1), in addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, a regional district may expropriate

(a) a licence authorizing the diversion of water from a stream, as defined in the Water Act, that is suitable for a water supply for the regional district, and

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

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

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

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

Authority in relation to services

290  (1) Without limiting section 289, a regional district may, for the purposes of one or more of its services, enter on, break up, alter, take or enter into possession of and use real property.

(2) If a regional district exercises an authority to provide a service outside the regional district, the power under subsection (1) applies to property outside the regional district in relation to that service.

(3) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property] of the Community Charter, as that section applies under section 284 [authority to enter on or into property] of this Act.

Entry on land to mitigate damage

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

(2) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property] of the Community Charter, as that section applies under section 284 [authority to enter on or into property] of this Act.

Compensation for expropriation and other actions

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

(2) If a regional district

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

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

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

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

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

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

Division 8 — Other Powers

Board may seek regional district opinion

293  (1) Without limiting section 336 [referendums regarding services], a board may seek the opinion of the electors of the regional district on a question that the board considers affects the regional district, by voting or another process the board considers appropriate.

(2) If a board seeks an opinion under this section, the board must seek the opinion of the electors of the entire regional district.

(3) The results of a process under this section are not binding on the board.

(4) The board is responsible for conducting the voting or other process under this section.

(5) The seeking of an opinion under this section is general administration within the meaning of section 338 (2) (a) [general administration service].

Incidental powers

294  A board has all necessary power to do anything incidental or conducive to the exercise or performance of any power, duty or function conferred on a board or regional district by this or any other enactment.

Emergency powers

295  If the powers conferred on a board are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the board may, by bylaw adopted by at least 2/3 of the votes cast, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.

Additional powers and exceptions provided by regulation

296  (1) Despite this or any other Act, the Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified regional district or a described class of regional districts:

(a) provide a power, including a power to regulate, prohibit and impose requirements;

(b) provide that a power conferred under paragraph (a) may be exercised only as a regulatory service;

(c) provide an exception to or a modification of a requirement or condition established by an enactment;

(d) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding a power, modification or exception under this section;

(e) authorize a minister to establish any terms and conditions the minister considers appropriate regarding a power, modification or exception under this section.

(2) As restrictions, a regulation under this section may not do any of the following:

(a) override an absolute prohibition contained in an enactment;

(b) confer an authority to impose a new tax;

(c) confer an authority to grant a new tax exemption;

(d) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining approval of the electors by alternative approval process.

Part 9 — Regional Districts: Specific Service Powers

Division 1 — Building Regulation

Authority requires regional district service

297  (1) This Division applies to a regional district only if the regional district provides a service in relation to building inspection.

(2) As a further restriction, section 9 [spheres of concurrent authority] of the Community Charter applies in relation to a regional district bylaw under this Part respecting matters referred to in subsection (1) (d) [building regulation] of that section.

Building regulation bylaws

298  (1) Subject to the Public Health Act, the Drinking Water Protection Act, the Fire Services Act and the regulations under those Acts, the board may, for the purposes described in subsection (2), by bylaw, do one or more of the following:

(a) regulate the construction, alteration, repair or demolition of buildings and other structures;

(b) regulate the installation, alteration or repair of plumbing including septic tanks and sewer connections, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind;

(c) require contractors, owners or other persons to obtain and hold a valid permit from the board, or the authorized official, before starting and during the construction, installation, repair or alteration of gas or oil pipes and fittings, plumbing, heating, sewers, septic tanks, drains, electrical wiring, oil burners, tanks, pumps and similar works and buildings and other structures of the kind, description or value described in the bylaw;

(d) require that, before occupancy of a building or part of it after construction, wrecking or alteration, or a change in class of occupancy of a building or part of it, an occupancy permit be obtained from the board or the authorized official;

(e) establish conditions generally governing the issue and validity of permits and the inspection of works, buildings and other structures;

(f) establish areas to be known as fire limits and, for those areas,

(i)   regulate the construction of buildings in respect of precautions against fire, and

(ii)   discriminate and differentiate between areas in the character of the buildings permitted;

(g) regulate the seating arrangements and capacity of churches, theatres, halls and other places of public resort or amusement;

(h) regulate or prohibit the moving of a building from one property to another in the regional district;

(i) require the fencing of private swimming pools or other pools, existing or prospective, according to specifications set out in the bylaw;

(j) regulate the construction and layout of trailer courts, manufactured home parks and camping grounds and require that those courts, parks and grounds provide facilities specified in the bylaw;

(k) provide that a trailer or manufactured home must not be occupied as a residence or an office unless its construction and facilities meet the standards specified in the bylaw;

(l) require the installation of smoke alarms in existing buildings and other structures and, in relation to this, establish standards and specifications for required smoke alarms and their installation, to the extent that the requirements of the bylaw do not exceed those established by the Provincial building regulations;

(m) require the maintenance of smoke alarms installed as required by the Provincial building regulations or by bylaw under paragraph (l) and, in relation to this, establish standards for their maintenance;

(n) require the maintenance of "rental units" and "residential property", as those terms are defined in the Residential Tenancy Act, that are subject to a "tenancy agreement", as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations;

(o) require the maintenance of "manufactured homes", "manufactured home sites" and "manufactured home parks", as those terms are defined in the Manufactured Home Park Tenancy Act, that are subject to a "tenancy agreement", as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations.

(2) A board may exercise the powers conferred by subsection (1) for the following purposes:

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

(b) the conservation of energy or water;

(c) the reduction of greenhouse gas emissions;

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

(3) If requested by an applicant, the building inspector must give written reasons for his or her refusal to issue a building permit required under this section.

(4) An occupancy permit required under subsection (1) (d) may be withheld until the building or part of it complies with the following:

(a) the Provincial building regulations;

(b) bylaws under this section;

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

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

Regional district may adopt national codes

299  (1) To the extent not inconsistent with this Act, either in place of or supplementary to regulating provisions made under another section of this Division, the board may, by bylaw, adopt one or more of the following:

(a) subject to the Safety Standards Act, all or part of the Canadian Electrical Code;

(b) subject to the Safety Standards Act, all or part of the standards of the Canadian Gas Association;

(c) subject to the Fire Services Act, all or part of the National Fire Code of Canada.

(2) A code, standard or part referred to in subsection (1) may be adopted by reference to a particular date of issue or a specified issue of the code or standard.

Requirement for security

300  (1) This section applies if, under section 335 (3) [licensing, permit and approval authority], the board or an official authorized by the board requires a person to provide security as a condition of

(a) issuing a permit under section 298 [building regulation bylaws], or

(b) authorizing the moving of a building under section 298.

(2) The person who is subject to the requirement may, at that person's option, provide the security by

(a) a cash deposit,

(b) an irrevocable letter of credit, or

(c) another form of security satisfactory to the board or the person who imposed the requirement for security.

(3) Interest on the security becomes part of the security.

(4) The security may be used by the regional district only to repair or replace

(a) a highway, including sidewalks and boulevards,

(b) a public work, or

(c) other regional district property

that has been altered or damaged by an activity related to the subject matter of the permit or authorization.

(5) Any amount of the security that is not required for a purpose referred to in subsection (4) must be returned to the person who provided it.

Regulating doors and emergency exits in public buildings

301  (1) In this section, "public building" means a church, theatre, hall or other place of public resort or amusement.

(2) Subject to the Fire Services Act and the regulations under that Act, the board may, by bylaw, require the provision of and regulate the location, number, style and size of doors and emergency exits in public buildings, and the posting in them of notices of the emergency exits.

(3) A bylaw under subsection (2) must provide that

(a) all doors in public buildings must be hinged so that they may open freely outwards, and

(b) all gates or outer fences, if not hinged as referred to in paragraph (a), must be kept open by proper fastenings during the time the buildings are publicly used to facilitate the exit of people in case of alarm from fire or other cause.

(4) Congregations having corporate powers, trustees holding churches or buildings used for churches, and incumbents and church wardens holding or using churches or buildings used for churches, are severally liable for the acts and omissions of any society or congregation on the matters referred to in subsections (2) and (3).

(5) A person owning or possessing a public building who contravenes this section or a bylaw adopted under it is liable on conviction to a penalty not greater than $50.

(6) A person is liable on conviction to a further penalty of $5 for every further week during which the violation continues.

(7) A penalty under subsection (5) or (6) is a charge on the real property of the person convicted, and may be imposed, collected and recovered in the manner provided for taxes.

Building regulation: application of Community Charter

302  The following provisions of the Community Charter apply to the regional district:

(a) section 55 [requirement for professional certification];

(b) section 56 [requirement for geotechnical report];

(c) section 57 [note against land title that building regulations contravened];

(d) section 58 [cancellation of note against land title].

Division 2 — Fire, Health and Hazard Protection

Special fire protection powers

303  (1) Subject to the Fire Services Act and the regulations under that Act, a board may, by bylaw, do one or more of the following:

(a) authorize the fire chief to

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

(ii)   take the measures described in the bylaw to prevent and suppress fires, including the demolition of buildings and other structures to prevent the spreading of fire, and

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

(b) require the owners or occupiers of real property to remove from a building or yard anything that, in the opinion of the fire chief, is a fire hazard or increases the danger of fire;

(c) if property is endangered by debris caused by a lumbering, land clearing or industrial operation, require the person who is carrying on or who has carried on the operation, or the owner or occupier of the land on which the debris exists, to

(i)   dispose of the debris, and

(ii)   undertake any other actions for the purpose of removing or reducing the danger

as directed by the bylaw or by the fire chief;

(d) deal with any matter within the scope of the Fire Services Act in a manner not contrary to that Act or the regulations under it.

(2) The authority of the fire chief under a bylaw under subsection (1) may be exercised by a person under the authority of the fire chief or by another person designated in the bylaw.

Health protection authority

304  (1) Subject to the Public Health Act, a board may, by bylaw,

(a) regulate and prohibit for the purposes of maintaining, promoting or preserving public health or maintaining sanitary conditions, and

(b) undertake any other measures it considers necessary for those purposes.

(2) Section 9 [spheres of concurrent authority] of the Community Charter applies to a bylaw under subsection (1).

(3) As a further limit on subsection (1), a board must not fluoridate the water supply unless the bylaw has received the assent of the electors.

Remedial authority in relation to hazardous conditions

305  (1) Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter applies to regional districts in relation to matters referred to in section 73 (1) (a) and (b) [structures, excavations and similar matters or things that are unsafe or contravene building bylaws] of that Act.

(2) In relation to section 73 (2) (b) [matter contravening Provincial building regulations or bylaws] of the Community Charter as it applies under subsection (1) of this section, the reference to a bylaw is to be read as a bylaw under Division 1 [Building Regulation] of this Part.

(3) In relation to

(a) section 77 (3) (b) [remedial action after date specified for compliance], and

(b) section 80 (4) and (5) [recovery of municipal costs through sale of property — distribution of proceeds]

of the Community Charter as they apply under subsection (1) of this section, a reference to section 17 [municipal action at defaulter's expense] of that Act is to be read as a reference to section 418 [regional district action at defaulter's expense] of this Act.

Division 3 — Drainage, Sewerage and Related Matters

Special drainage and sewerage authority

306  A board may, by bylaw,

(a) regulate and prohibit the design and installation of drainage and sewerage works provided by persons other than the regional district, and

(b) require owners of real property to connect their buildings and structures to the appropriate sewer or drain connections in the manner specified in the bylaw.

Watercourse may be included in drainage system

307  A board may, by bylaw, make a watercourse part of the regional district drainage system, whether the watercourse is on private land, on regional district land or on a highway.

Works for controlling drainage

308  (1) This section applies if a board

(a) considers that

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

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

(b) proposes to undertake works for these purposes.

(2) Before undertaking the proposed works, notice must be

(a) given to any other local government whose area may be affected, and

(b) served on all owners of land that may be affected.

(3) The notice under subsection (2) must state

(a) the place in the regional district where details of the project may be inspected, and

(b) the date by which objections to the project must be received by the regional district.

(4) The date under subsection (3) (b) must be at least one month after the date on which the notice is given under subsection (2).

(5) On application, the Supreme Court may order that the notice under subsection (2) (b) may be served by substituted service in accordance with the order.

(6) The designated regional district officer must make a full report to the inspector on all objections received.

(7) On the application of a board, the minister may authorize works proposed under this section on the terms of compensation and cost to owners of land affected that the minister considers proper.

Remedial authority in relation to drainage and dikes

309  Division 12 [Remedial Action Requirements] of Part 3 [Additional Powers and Limits on Powers] of the Community Charter applies to regional districts in relation to matters referred to in section 75 [harm to drainage or dike] of that Act.

Highway construction and dikes

310  (1) If a dike is crossed by a highway or private road, the level of the dike must not be interfered with.

(2) If the top of a dike forms a portion of a highway, it is the duty of the board

(a) to maintain the dike at a constant level, and

(b) to repair all injury directly or indirectly caused to the dike by its use as a highway.

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

(4) As an exception, subsection (2) does not apply if the board has granted a diking commission the privilege of using the existing road for a dike.

Watercourse agreements between neighbouring jurisdictions

311  A board may make agreements with adjoining municipalities or regional districts, and also with the owner of any land, through, on or in which runs a natural stream or water-course, for one or more of the following:

(a) constructing, enlarging or maintaining a culvert, ditch, flume, embankment or other work;

(b) removing obstructions from the stream or watercourse to lessen or prevent the danger of flooding from it;

(c) the granting, expending or accepting of money for the purposes referred to in paragraphs (a) and (b), even though the work may not be located in the municipality or regional district granting, expending or accepting the money or entering into the agreement.

Requirements respecting drainage works

312  (1) In this section and section 313, "stream" means a stream as defined in the Water Act.

(2) A board may, by bylaw,

(a) establish requirements that must be met by owners of dikes, and

(b) establish requirements that must be met by persons undertaking the construction of

(i)   dikes,

(ii)   works to maintain the proper flow of water in a stream, ditch, drain or sewer in the regional district, or

(iii)   works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream or from any other cause.

Appropriation of stream channel or bed

313  (1) For the purpose of constructing works referred to in subsection (2), a board may appropriate the land that constitutes the channel or bed of a stream that passes through the regional district, without compensation to the owner.

(2) The power under subsection (1) may be exercised in relation to one or more of the following:

(a) dikes;

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

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

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

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

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

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

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

Authority subject to Water Act

314  (1) The authority of a regional district under the following provisions is subject to the applicable provisions of the Water Act:

(a) section 307 [watercourse may be included in drainage system];

(b) section 308 [works for controlling drainage];

(c) section 311 [watercourse agreements];

(d) section 312 [requirements respecting drainage works];

(e) section 313 [appropriation of stream channel or bed].

(2) In addition, the following authorities of a regional district are subject to the applicable provisions of the Water Act:

(a) the authority to acquire, manage, extend and remove

(i)   works to maintain the proper flow of water in a stream as defined in the Water Act, ditch, drain or sewer in the regional district,

(ii)   dikes, or

(iii)   works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream as defined in the Water Act, or any other cause;

(b) the authority to regulate a wharf, dock, warehouse or slip owned, held or managed by the regional district.

Division 4 — Waste Management

Management of solid waste and recyclable material

315  (1) A board may, by bylaw, establish the service of the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters.

(2) If a board adopts a bylaw under subsection (1), the board has and must exercise its authority in accordance with the Environmental Management Act and regulations under that Act.

(3) For the purposes of this section, "municipal solid waste" and "recyclable material" have the same meaning as in the Environmental Management Act.

Authority in relation to waste disposal and recycling

316  A board may, by bylaw, do one or more of the following:

(a) require persons to use a waste disposal or recycling service, including requiring persons to use a waste disposal or recycling service provided by or on behalf of the regional district;

(b) require owners or occupiers of real property to remove trade waste, garbage, rubbish and other matter from their property and take it to a specified place;

(c) require the emptying, cleansing and disinfecting of private drains, cesspools, septic tanks and outhouses, and the removal and disposal of refuse from them.

Division 5 — Regulation of Animals

Authority requires animal control service

317  Subject to section 322 [peace officer authority in relation to dangerous dogs], this Division applies to a regional district only if the regional district provides a service in relation to animal control.

General animal control powers

318  (1) Subject to subsection (2), the board may, by bylaw, do one or more of the following:

(a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine, rabbits or other animals and define areas in which they may be kept or may not be kept;

(b) require that the owner, possessor or harbourer of a dog, or any class of dog, must keep it, as the bylaw directs,

(i)   effectively muzzled while at large or on a highway or public place, or

(ii)   on leash or under control of a competent person while on a highway or public place.

(2) For the purpose of subsection (1), "other animals" does not include any animal that the board did not have authority to regulate in respect of, or prohibit the keeping of, under section 703 of the Local Government Act, R.S.B.C. 1996, c. 323, as it read immediately before its repeal and replacement by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003.

Dog licensing requirements

319  (1) Without limiting section 318 (1), a bylaw under that provision may regulate the keeping of dogs by requiring persons who own, possess or harbour a dog to hold a licence for the dog.

(2) A bylaw referred to in subsection (1) may

(a) require a separate dog licence for each dog, and

(b) vary the amount of the fee according to the sex, age, size or breed of the dog.

(3) A dog licence issued under this section is for the calendar year in which the licence is issued.

(4) If a fee is imposed for a dog licence, the board may, by bylaw,

(a) provide for the payment of compensation, on a scale set out in the bylaw, to the owner of any domestic animal that is killed or injured by a dog over the age of 4 months, the owner of which is unknown and, after diligent inquiry, cannot be found, and

(b) provide for the maximum total amount that is available in any one year for the purposes of compensation under this subsection.

Animal pounds

320  The board may, by bylaw, do one or more of the following:

(a) provide for the seizure, impounding and detention of

(i)   unlicensed dogs, and

(ii)   animals referred to in section 318 (1) (a) [general animal control powers] that are unlawfully at large;

(b) establish, maintain and operate facilities as pounds;

(c) regulate and establish the fines and fees, including damages for trespassing on private property, to be levied and collected by pound keepers;

(d) provide for the sale or destruction of animals impounded if the fines, fees and other charges are not paid within a reasonable time.

Dangerous dogs

321  The board may designate a person as an animal control officer as defined in section 49 [special powers in relation to dangerous dogs] of the Community Charter, and, if the board does so, that section applies to the regional district.

Peace officer authority in relation to dangerous dogs

322  Whether or not this Division applies to a regional district under section 317 [authority requires animal control service], a peace officer may exercise authority under section 49 of the Community Charter within the boundaries of the regional district.

Division 6 — Noise, Nuisances and Disturbances

Authority requires regional district service

323  This Division applies to a regional district only if it provides a service in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances.

Noise control

324  (1) The board may, by bylaw, do one or more of the following:

(a) regulate or prohibit the making or causing of noises or sounds in or on a highway or elsewhere in the regional district

(i)   that disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity, or

(ii)   that the board considers are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

(b) prevent or prohibit persons from shouting, using megaphones and making other noise in, at or on streets, wharves, docks, piers, steamboat landings, railway stations or other public places;

(c) prevent charivaries and similar disturbances of the peace.

(2) Regulations and prohibitions under subsection (1) (a) may be different for different areas of the regional district.

Nuisances and disturbances

325  The board may, by bylaw, do one or more of the following:

(a) prevent, abate and prohibit nuisances, and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance or other persons described in the bylaw;

(b) prohibit persons from

(i)   causing or permitting water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises, or

(ii)   depositing or throwing bottles, broken glass or other rubbish in any open place;

(c) for the purpose of preventing unsightliness on real property,

(i)   prohibit persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place, and

(ii)   prohibit the owners or occupiers of real property from allowing their property to become or remain unsightly;

(d) for the purpose of remedying unsightliness on real property, require the owners or occupiers of real property, or their agents, to remove from it unsightly accumulations of filth, discarded materials, rubbish or graffiti;

(e) require the owners or occupiers of real property, or their agents, to clear the property of brush, trees, noxious weeds or other growths;

(f) require the owners or occupiers of real property, or their agents, to prevent infestation by caterpillars and other noxious or destructive insects and to clear the property of such insects;

(g) in relation to the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia,

(i)   require the owners or occupiers of real property, or their agents, to eliminate or reduce the fouling or contaminating of the atmosphere through those emissions,

(ii)   establish measures and precautions to be taken for the purpose of subparagraph (i), and

(iii)   establish limits not to be exceeded for those emissions;

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

Fireworks restrictions

326  Subject to the Fireworks Act, the board may, by bylaw, regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every nature or kind.

Division 7 — Other Specific Service Powers

Removal and deposit of sand, gravel and other soil

327  (1) This section applies to a regional district only if the regional district provides a service in relation to the control of the deposit and removal of soil and the control of the deposit of other materials.

(2) The board may, by bylaw, regulate or prohibit

(a) the removal of soil from, and

(b) the deposit of soil or other material on

any land in the regional district or in any area of the regional district.

(3) A bylaw under subsection (2) may make different regulations and prohibitions for different areas.

(4) Section 9 [spheres of concurrent authority] of the Community Charter applies to a provision in a bylaw under subsection (2) that

(a) prohibits the removal of soil, or

(b) prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination.

(5) The board may, by bylaw, do one or more of the following:

(a) require the holding of a permit for

(i)   the removal of soil from, or

(ii)   the deposit of soil or other material on

any land in the regional district or in any area of the regional district;

(b) impose rates or levels of fees for a permit referred to in paragraph (a);

(c) impose rates or levels of fees for the activities referred to in paragraph (a).

(6) Fees under subsection (5) (b) or (c) may vary according to the quantity of soil removed or the quantity of soil or other material deposited, and the rates or levels of fees may be different for different areas of the regional district.

Fire and security alarm systems

328  (1) This section applies to a regional district only if the regional district provides a service in relation to the regulation of fire alarm systems and security alarm systems.

(2) The board may, by bylaw, do one or more of the following:

(a) require permits for the operation of these systems and establish fees for these permits;

(b) establish fees to be paid

(i)   by the owner or occupier of real property to which services are provided by or on behalf of the regional district in response to a false alarm of a system, or

(ii)   by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(c) provide that a fee under paragraph (b) (i), if unpaid, may be added to and form part of the taxes payable on the real property as taxes in arrear;

(d) exercise powers given by regulation under subsection (4);

(e) establish exemptions from the application of a bylaw under this section.

(3) A fee under subsection (2) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(4) The Lieutenant Governor in Council may, by regulation,

(a) grant additional powers to regional districts and the City of Vancouver to enact bylaws establishing specified prohibitions, restrictions, requirements and conditions regarding

(i)   fire alarm systems and security alarm systems, and

(ii)   the installation, operation, maintenance and repair of these systems, and

(b) authorize specified variations of the provisions of bylaws under paragraph (a).

(5) As an exception, a bylaw under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed.

House numbering

329  (1) This section applies to a regional district only if the regional district provides a service in relation to the numbering of buildings.

(2) The board may, by bylaw, require owners or occupiers of real property to place building or structure numbers assigned by the regional district in a conspicuous place.

Regulation of signs and advertising

330  (1) Subject to the Transportation Act, a board may, by bylaw, regulate the erection, placing, alteration, maintenance, demolition and removal of a sign, sign board, advertisement, advertising device or structure, or any class of them.

(2) For the purpose of subsection (1), a board may

(a) classify structures, things and the whole or a portion of a highway, and

(b) make different regulations for

(i)   different zones established under a zoning bylaw, and

(ii)   different classes of highways and portions of them.

Regional district irrigation services

331  Section 638 [municipal irrigation services] applies to regional districts.

Part 10 — Regional Districts: Service Structure and Establishing Bylaws

Division 1 — General Service Powers

General authority for services

332  (1) Subject to the specific limitations and conditions established under this or another Act, a regional district may operate any service that the board considers necessary or desirable for all or part of the regional district.

(2) The authority under subsection (1) includes the authority to operate a service in an area outside the regional district as well as in the regional district itself.

(3) A regional district service may be operated directly by the regional district or through another public authority, person or organization.

(4) If a regional district has established works or facilities outside the regional district for the purposes of a regional district service, the board may, by bylaw, regulate and prohibit the use of the works and facilities.

(5) If a board enters into a mutual aid agreement respecting the use of equipment and personnel, those uses may be undertaken inside or outside the service area.

Consent required for services outside regional district

333  (1) Before establishing a service referred to in section 332 (2) [services outside regional district], the board must

(a) obtain the consent of the other affected local government in accordance with subsection (2) of this section, and

(b) after receiving that consent, obtain the approval of the Lieutenant Governor in Council.

(2) For the consent required by subsection (1) (a),

(a) if the area is in a municipality, the consent of the municipal council is required, and

(b) if the area is not in a municipality, the consent of the regional district board for the area is required.

(3) The Lieutenant Governor in Council may, in an approval referred to in subsection (1) (b), establish restrictions and conditions on the establishment and operation of a service in a participating area that is outside the regional district.

(4) Subject to an approval under subsection (3), if a service referred to in subsection (1) is established,

(a) the area outside the regional district must be identified as a separate participating area for the service,

(b) the powers, duties and functions of the regional district extend to the participating area as if it were located in the regional district, and

(c) the provisions of this Part and other former Part 24 provisions apply with respect to the participating area as if it were located in the regional district.

Services to public authorities

334  (1) If a regional district makes an agreement with a public authority to provide services to or for the public authority that are within the powers of the public authority, the entire cost of providing the service under the agreement is a debt owed to the regional district by the public authority.

(2) A service provided under an agreement referred to in subsection (1) may be provided inside the boundaries of another regional district if that other regional district consents.

Authorities in relation to services other than regulatory services

335  (1) A bylaw in relation to a regional district service, other than a regulatory service, may

(a) make different provisions for different areas, times, conditions or circumstances as described by bylaw,

(b) establish different classes of persons, places, activities, property or things, and

(c) make different provisions, including exceptions, for different classes established under paragraph (b).

(2) A board may, by bylaw, regulate and prohibit in relation to a regional district service other than a regulatory service.

(3) Without limiting subsection (2), a bylaw under that subsection may provide for a system of licences, permits or approvals in relation to a regional district service, including by doing one or more of the following:

(a) prohibiting any activity or thing until a licence, permit or approval has been granted;

(b) providing for the granting and refusal of licences, permits and approvals;

(c) providing for the effective periods of licences, permits and approvals;

(d) establishing

(i)   terms and conditions of, or

(ii)   terms and conditions that must be met for obtaining, continuing to hold or renewing

a licence, permit or approval, or providing that such terms and conditions may be imposed, the nature of the terms and conditions and who may impose them;

(e) providing for the suspension or cancellation of licences, permits and approvals for

(i)   failure to comply with a term or condition of a licence, permit or approval, or

(ii)   failure to comply with the bylaw;

(f) providing for reconsideration or appeals of decisions made with respect to the granting, refusal, suspension or cancellation of licences, permits and approvals.

Division 2 — Referendums and Petitions for Services

Referendums regarding services

336  (1) A board may, by bylaw, provide for a referendum in the whole or a part of one or more municipalities or electoral areas to obtain the opinion of the electors on a question regarding a service that is or that may be operated by the regional district.

(2) Section 344 [approval by assent of the electors] applies to a referendum under this section as if the areas in which the referendum is to be conducted were proposed participating areas.

Petitions for electoral area services

337  (1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area.

(2) Each page of a petition referred to in subsection (1) must do the following:

(a) describe in general terms the service that is proposed;

(b) define the boundaries of the proposed service area;

(c) indicate in general terms the proposed method for recovering annual costs;

(d) contain other information that the board may require.

(3) In order for a petition to be certified as sufficient and valid for the purposes of this section,

(a) the petition must be signed by the owners of at least 50% of the parcels liable to be charged for the proposed service, and

(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the proposed service area.

(4) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter applies to a petition under this section.

Division 3 — Establishing Bylaws for Services

Establishing bylaws required for most services

338  (1) Subject to this section, in order to operate a service, the board must first adopt an establishing bylaw for the service in accordance with this Division.

(2) As exceptions, a bylaw under this section is not required to establish the following:

(a) general administration, other than electoral area administration;

(b) electoral area administration;

(c) the undertaking of feasibility studies in relation to proposed services;

(d) a service under section 4 (1) [regional district declared regional hospital district] of the Hospital District Act;

(e) the undertaking of a referendum under section 336 [referendums regarding services];

(f) a local community commission under section 243;

(g) a service that

(i)   is a service for which authority is expressly provided by a provision of this Act that is not a former Part 24 provision, and

(ii)   is not a regulatory service;

(h) the giving of grants to an applicant for a business promotion scheme under section 215 [business improvement areas] of the Community Charter in relation to a mountain resort;

(i) if the regional district board is authorized to appoint an approving officer under section 77.1 [appointment of regional district and islands trust approving officers] of the Land Title Act, services related to the approving officer.

Required content for establishing bylaws

339  (1) An establishing bylaw for a service must do the following:

(a) describe the service;

(b) define the boundaries of the service area;

(c) identify all municipalities and electoral areas that include participating areas for the service;

(d) indicate the method of cost recovery for the service, in accordance with section 378 [options for cost recovery];

(e) set the maximum amount that may be requisitioned for the service by

(i)   specifying a maximum amount,

(ii)   specifying a property value tax rate that, when applied to the net taxable value of land and improvements in the service area, will yield the maximum amount, or

(iii)   specifying both a maximum amount and a property value tax rate as referred to in subparagraphs (i) and (ii), in which case the maximum amount is whichever is greater at the applicable time.

(2) As exceptions, the requirement of subsection (1) (e) does not apply to an establishing bylaw for the following:

(a) a regulatory service;

(b) coordination, research and analytical services relating to the development of the regional district;

(c) social planning services;

(d) the promotion of economic development;

(e) programs in preparation for emergencies;

(f) emergency communication systems;

(g) regional parks and regional trails;

(h) services related to heritage conservation;

(i) participation in a regional library district under Part 3 [Regional Library Districts] of the Library Act;

(j) a service referred to in section 338 (2) (a) to (d) [general administration, electoral area administration, feasibility studies and regional hospital district services].

(3) If an establishing bylaw covers more than one service, it must separately indicate the matters under subsection (1) for each service.

(4) If the board adopts an establishing bylaw for a service referred to in section 338 (2) (a) [general administration], the establishing bylaw must identify all municipalities and all electoral areas in the regional district as participating areas for the service, and the service area is the entire regional district.

Special options for establishing bylaws

340  (1) An establishing bylaw for a service may do one or more of the following:

(a) set out the method of apportionment of costs among the participating areas, if this is to be different from the method established by section 380 (2) (a) [general apportionment rule];

(b) in relation to resolutions and bylaws respecting the administration and operation of the service, establish the method for determining the number of votes to which a director is entitled if this is to be different from that otherwise established by section 209 (1) (b) [number of votes per director in respect of administration and operation of services];

(c) if the administration and operation of the service is to be delegated to a body established by the board, provide for appointments to the body and establish voting rules for the body in relation to the service;

(d) provide a time period for the purposes of section 357 (1) (a) [minimum participation time before service review can be initiated] that is less than the period established by that provision;

(e) provide an alternative review process that is different than the service review process established by Division 6 [Dispute Resolution in Relation to Services];

(f) establish terms and conditions for withdrawal from the service;

(g) include any other provisions respecting the establishment and operation of the service that the board considers appropriate.

(2) As a restriction on subsection (1) (b), each director for a participating area must be entitled to at least one vote.

(3) If a proposed establishing bylaw includes provisions referred to in subsection (1) (f), each participant must consent to the provisions before the bylaw is submitted for participating area approval under section 342.

Special rules in relation to continuation of older services

341  (1) In this section:

"continued service" means a service provided by a regional district immediately before the transition date;

"previous continuation authority" means the authority to provide services under section 775 (3) to (8) of the Local Government Act, R.S.B.C. 1996, c. 323, as that section read immediately before the transition date;

"transition date" means August 30, 2000, being the date on which section 774.2 of the Local Government Act, R.S.B.C. 1996, c. 323, came into force.

(2) Subject to this section, a regional district continues to have the power to provide a continued service as follows:

(a) if, immediately before the transition date,

(i)   the service is one that was authorized under the previous continuation authority, and

(ii)   no bylaw that was deemed under the previous continuation authority to be an establishing bylaw has been adopted in relation to the service,

the service may be continued in accordance with the previous continuation authority and, for these purposes, that authority is deemed not to have been repealed;

(b) if the service

(i)   is one referred to in section 339 (2) (b) or (c) [development services and social planning services], or

(ii)   is another service for which an establishing bylaw was not required before the transition date,

the service may be continued without an establishing bylaw.

(3) If a board exercises a power to provide a continued service under subsection (2), it may

(a) adopt a bylaw in accordance with subsection (5) to convert the service to one exercised under the authority of an establishing bylaw, and

(b) by the same bylaw, amend the power to the extent that it could if the power were in fact exercised under the authority of an establishing bylaw.

(4) A board must adopt a bylaw under subsection (3) in relation to a continued service if changes are made to any of the following:

(a) the service area;

(b) the municipalities, electoral areas or treaty first nations participating in the service;

(c) the method of cost recovery;

(d) the apportionment of costs in relation to the service.

(5) A bylaw under subsection (3) must

(a) meet the requirements of section 339 [required content] for an establishing bylaw, and

(b) be adopted in accordance with section 349 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

(6) A bylaw under subsection (3) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

Division 4 — Approval of Establishing Bylaws

Approval of establishing bylaws

342  (1) An establishing bylaw has no effect unless, before its adoption, it receives

(a) the approval of the inspector, and

(b) participating area approval in accordance with this section.

(2) Participating area approval under this section may be obtained as follows:

(a) in any case, by assent of the electors in accordance with section 344 [approval by voting];

(b) if permitted under section 345 (1) [approval by alternative approval process], approval given in accordance with that section;

(c) if permitted under section 346 [consent on behalf of municipal participating area] for a proposed municipal participating area, consent given in accordance with that section;

(d) if permitted under section 347 (1) [consent on behalf of electoral area] for a proposed electoral participating area, consent given in accordance with that section.

(3) Unless authorized under subsection (4), participating area approval must be obtained separately for each participating area in the proposed service area.

(4) If approval is to be obtained under subsection (2) (a) or (b), the board may, by resolution adopted by at least 2/3 of the votes cast, provide that the participating area approval is to be obtained for the entire proposed service area.

(5) As an exception, subsections (1) to (4) do not apply to an establishing bylaw for a service referred to in section 338 (2) (a), (b) or (d) [services for which establishing bylaw not required — general administration, electoral area administration and regional hospital district services] and, instead, section 349 [amendment or repeal of establishing bylaws] applies to the bylaw as if it were a bylaw amending an establishing bylaw.

Responsibility for obtaining approval

343  (1) If participating area approval is to be obtained for the entire service area,

(a) the board may choose the method,

(b) in the case of approval by alternative approval process, the board is responsible for obtaining the approval, and

(c) in the case of approval by assent of the electors, at the option of the board,

(i)   the board is responsible for conducting the voting throughout the proposed service area, or

(ii)   the board and councils are responsible for conducting the voting in the same manner as under subsection (2), with the results of the voting in these areas added together.

(2) If participating area approval is to be obtained separately for each participating area,

(a) subject to subsection (3), for a municipal participating area, the council may choose the method and is responsible for obtaining the approval, and

(b) for an electoral participating area, the board may choose the method and is responsible for obtaining the approval.

(3) If, within 30 days after third reading of the establishing bylaw, a council

(a) has notified the regional district that it is refusing to seek participating area approval, or

(b) fails to give any notice to the regional district with respect to how participating area approval is to be obtained,

the board may adopt a resolution under section 342 (4) to have participating area approval obtained for the entire service area.

(4) Despite section 57 (1) [costs of elections], if a council is authorized to give consent on behalf of the electors in accordance with section 346 [consent on behalf of municipal participating area] but does not exercise this authority, the municipality is responsible for the costs of obtaining the participating area approval.

Approval by assent of the electors

344  (1) Participating area approval through assent of the electors under Part 4 [Assent Voting] is obtained if,

(a) in the case of approval under section 342 (3) [each participating area separately], for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw, or

(b) in the case of approval under section 342 (4) [entire service area], a majority of votes counted as valid is in favour of the bylaw.

(2) In the case of approval under section 342 (4), for the purposes of determining who is entitled to vote under section 172, the voting area is deemed to be all the proposed participating areas.

Approval by alternative approval process

345  (1) Participating area approval may be obtained by alternative approval process if any of the following apply:

(a) the maximum amount that may be requisitioned for the service is the amount equivalent to 50¢ for each $1 000 of net taxable value of land and improvements included in the service area;

(b) the bylaw relates to a service for

(i)   the collection, conveyance, treatment or disposal of sewage,

(ii)   the supply, treatment, conveyance, storage or distribution of water, or

(iii)   the collection, removal or disposal of solid waste or recyclable material.

(2) In addition to the information required by section 86 (2) [notice of process] of the Community Charter, the notice of an alternative approval process under this section must include

(a) a copy of the bylaw, or

(b) a synopsis of the bylaw that

(i)   describes in general terms the intent of the bylaw,

(ii)   describes the proposed service area, and

(iii)   indicates the date, time and place for public inspection of copies of the bylaw.

Consent on behalf of municipal participating area

346  If a proposed participating area is all of a municipality, the council may give participating area approval by

(a) consenting on behalf of the electors to adoption of the proposed bylaw, and

(b) notifying the board of its consent.

Consent on behalf of electoral participating area

347  (1) For a proposed electoral participating area, the board may authorize participating area approval to be given under this section

(a) if the board receives a sufficient petition under section 337 [petitions for electoral area services], or

(b) in the case of an establishing bylaw for a service referred to in section 339 (2) [no requisition limit required], if

(i)   the participating area includes all of the electoral area, and

(ii)   the service can be established without borrowing.

(2) Participating area approval under this section may be given by the electoral area director consenting in writing to adoption of the bylaw.

(3) If a director refuses to give consent under subsection (2), the board may, by a resolution adopted by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and give participating area approval by consenting to adoption of the bylaw on behalf of the electors in the proposed participating area.

(4) If a board consents under subsection (3), the director for the participating area may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order

(a) that the consent of the board under subsection (3) stands,

(b) that participating area approval must be obtained under section 344 [approval by assent of the electors], or

(c) that participating area approval must be obtained under section 345 [approval by alternative approval process].

Other procedural rules

348  (1) If a board proposes to borrow money for the start of a service, the establishing bylaw and the loan authorization bylaw must, for the purposes of obtaining participating area approval, be dealt with as if they were one bylaw.

(2) The regional district corporate officer must file with the inspector a copy of each establishing bylaw after it has been adopted.

Division 5 — Changes to Establishing Bylaws

Amendment or repeal of establishing bylaws

349  (1) Subject to an order under subsection (4) or (5), an establishing bylaw may be amended or repealed, at the option of the board,

(a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or

(b) with the consent of at least 2/3 of the participants.

(2) Sections 346 [consent on behalf of municipal participating area] and 347 (2) to (4) [consent on behalf of electoral participating area] apply to consent under subsection (1) (b) of this section.

(3) A bylaw amending or repealing an establishing bylaw has no effect unless it is approved by the inspector.

(4) The minister may order that a bylaw amending or repealing an establishing bylaw may be adopted only in accordance with the requirements applicable to the adoption of the bylaw that it repeals or amends.

(5) In addition to the requirement under subsection (1) or (4), as applicable, the minister may order that, before the bylaw is adopted, it must receive the approval of the electors

(a) in one or more specified participating areas, or in specified parts of one or more participating areas, or

(b) in the entire service area,

obtained in accordance with section 344 [approval by assent of the electors] or 345 [approval by alternative approval process], as specified by the minister.

(6) Section 137 (2) [minister may waive requirement for elector assent or approval] of the Community Charter does not apply to a bylaw amending or repealing an establishing bylaw.

(7) The regional district corporate officer must file with the inspector a bylaw amending or repealing an establishing bylaw after it has been adopted.

Changes to participating and service areas

350  (1) A bylaw amending an establishing bylaw may provide for changes to the boundaries of a service area, including merging 2 or more service areas.

(2) If a bylaw amending an establishing bylaw extends an existing service to a new participating area, the proposed participating area must be included as a participating area and the participant for the proposed participating area must be included as a participant for the purposes of section 349.

Amending bylaws that are needed for authority to borrow

351  (1) This section applies if either of the following is required in order to borrow money for a service:

(a) a bylaw amending an establishing bylaw;

(b) a conversion bylaw under section 341 (3) [conversion of pre-2000 service to establishing bylaw service].

(2) Subject to an order under subsection (3), the amending or conversion bylaw referred to in subsection (1) and the loan authorization bylaw may, for the purposes of obtaining participating area approval under Division 4 [Approval of Establishing Bylaws], be dealt with as if they were one bylaw.

(3) The minister may order that participating area approval of the amending or conversion bylaw referred to in subsection (1) must be obtained separately from the approval of the loan authorization bylaw.

Special provisions respecting service withdrawal

352  (1) If a bylaw adds, amends or repeals provisions of an establishing bylaw referred to in section 340 (3) [terms and conditions for service withdrawal], each participant must consent to the changes before the bylaw is submitted for approval in accordance with the requirements of section 349 [amendment or repeal of establishing bylaws].

(2) If a bylaw repealing an establishing bylaw is submitted to the inspector for approval and the inspector is not satisfied that all participants in a service have reached agreement respecting the termination of a service, the inspector must refer the matter to the minister, who must

(a) direct the participants and the board to undertake negotiations on the matters related to terminating the service, or

(b) if the minister is satisfied that agreement under paragraph (a) is unlikely, direct that the parties proceed to mediation or arbitration.

(3) The minister may specify the length of time that negotiations under subsection (2) (a) must continue and may extend this time period before or after it has expired.

(4) The participants and board must conduct negotiations under subsection (2) (a) in good faith, making reasonable efforts to reach an agreement that will permit resolution of the matters.

(5) If the parties have not reached agreement by the end of the time period for negotiations under subsection (2) (a), the minister must direct that the parties proceed to mediation or arbitration.

(6) For the purposes of subsections (2) (b) and (5), subject to any regulations under subsection (7),

(a) sections 362 to 372 [service withdrawal] apply as if this were a service withdrawal under Division 6 [Dispute Resolution in Relation to Services] of this Part, and

(b) section 356 [costs of process] applies as if this were a service review process under that Division.

(7) The minister may make regulations respecting mediation and arbitration under this section, including regulations providing exceptions to or modifications of a provision referred to in subsection (6) or a regulation under section 372 [regulations respecting arbitrations].

Division 6 — Dispute Resolution in Relation to Services

Definitions in relation to this Division

353  For the purposes of this Division:

"final resolution" means the establishment of the terms and conditions for withdrawal from a service by an arbitrator's decision under

(a) section 366 [arbitration in relation to service withdrawal], or

(b) section 368 [direction to further arbitration in certain cases];

"initiating participant" means a participant who gave notice under

(a) section 357 [initiating a service review], or

(b) section 361 [initiating service withdrawal],

as applicable;

"notice of withdrawal" means notice under section 367 (1) (d) (i) [initiating participant decision to proceed with withdrawal];

"service review" means a review of participation in one or more services in accordance with the process under sections 357 to 360;

"service withdrawal" means proposed withdrawal from participation in one or more services in accordance with the process under sections 361 to 372.

Minister may appoint facilitators

354  (1) The minister may appoint facilitators for the purposes of this Division, whose responsibilities are to monitor service reviews and service withdrawals, and to assist the parties in reaching agreement in those processes, by

(a) facilitating negotiations,

(b) facilitating resolution of issues, and

(c) assisting in setting up and using mediation or other non-binding resolution processes.

(2) On receiving a notice under section 357 [initiating a service review] or 361 [initiating service withdrawal], the minister may designate a person appointed under subsection (1) as the facilitator responsible to assist the parties in relation to the matter.

(3) Subject to subsection (4), at any time during a service review or service withdrawal, the facilitator designated under subsection (2) is to provide the assistance described in subsection (1) if requested to do so by a party.

(4) The authority for the facilitator to provide assistance in relation to a service withdrawal ends at the time an arbitration referred to in section 366 begins.

(5) Once a facilitator becomes involved under this section, the parties must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.

Parties to a service review or service withdrawal

355  (1) The parties to a service review or service withdrawal are

(a) the initiating participant,

(b) any other participant in the service, and

(c) the board.

(2) The representatives for the parties to a service review or service withdrawal are the following:

(a) in the case of a municipal participating area,

(i)   a council member appointed by the council, or

(ii)   if no appointment is made, the mayor;

(b) in the case of an electoral participating area, the director of the electoral area;

(c) in the case of the board,

(i)   a director appointed by the board, or

(ii)   if no appointment is made, the chair.

(3) The board and any municipal participant may make an appointment referred to in subsection (2) and, if this is done, must notify the other parties as to the person who is to be their representative in the service review or service withdrawal.

Costs of service review or service withdrawal

356  (1) Costs incurred by a party in respect of their own participation in a service review or service withdrawal may be recovered only as follows:

(a) in the case of costs incurred by a municipal participant, the costs must be recovered from the municipal participating area on the same basis as other costs of the service are recovered from that participating area;

(b) in the case of costs incurred by an electoral area participant, the costs are deemed to be costs of the service and must be recovered from the participating area on the same basis as other costs of the service are recovered from that participating area;

(c) in the case of costs incurred by the board, the costs are deemed to be costs of the service and must be apportioned and recovered from the service area on the same basis as other costs of the service.

(2) Unless otherwise agreed by the parties to a service review or service withdrawal or, in the case of arbitration, unless otherwise directed by the arbitrator, the following are deemed to be costs of the service and must be recovered in accordance with subsection (3):

(a) the fees of any mediator or arbitrator engaged to conduct or participate in the process, other than the fees of a facilitator under section 354 [minister may appoint facilitators];

(b) the administrative costs of the process, other than costs incurred by the parties in respect of their own participation in the process;

(c) any other costs with respect to the service review or service withdrawal that are not costs referred to in subsection (1).

(3) The costs to be recovered under subsection (2) must be assigned, apportioned and recovered as follows:

(a) in the case of a service review that dealt with only one service, the costs must be apportioned between and recovered from the participating areas on the same basis as other costs of the service;

(b) in the case of a service review that dealt with more than one service, the costs must

(i)   be assigned proportionally between the services under review at the time those costs were incurred, on the basis of the relative expenditures provided for the services in the previous year's financial plan, and

(ii)   for each service, be apportioned and recovered in accordance with paragraph (a);

(c) in the case of a service withdrawal that dealt with only one service, subject to a regulation under subsection (4), the costs must

(i)   be assigned proportionally between the service area and the participating area for the initiating participant, on the basis of the converted value of land and improvements in those areas,

(ii)   for costs assigned to the service area, be apportioned and recovered in accordance with paragraph (a), and

(iii)   for costs assigned to the initiating participant, be recovered on the same basis that other costs of the service are recovered from the participating area;

(d) in the case of a service withdrawal that dealt with more than one service, subject to a regulation under subsection (4), the costs must

(i)   be assigned proportionally between the services under review at the time those costs were incurred, on the basis of the relative expenditures provided for the services in the previous year's financial plan, and

(ii)   for each service, be assigned, apportioned and recovered in accordance with paragraph (c).

(4) The Lieutenant Governor in Council may make regulations providing how costs are to be assigned under subsection (3) (c) and (d) in cases where there is more than one initiating participant.

Initiating a service review

357  (1) A participant may initiate a service review under this Division if all the following circumstances apply:

(a) the participant has been a participant in the service for at least 5 years or, if applicable, the shorter time period provided in the establishing bylaw for the service;

(b) the service has not been subject to a service review that was initiated within the past 3 years;

(c) the establishing bylaw does not include provisions under section 340 (1) (e) establishing an alternative review process;

(d) the participant considers that the terms and conditions of participation in the service are unsatisfactory.

(2) To initiate a service review, a participant must give written notice to the board, all other participants in the service and the minister.

(3) The notice under subsection (2) must

(a) describe the terms and conditions of participation in the service that the participant finds unsatisfactory,

(b) give reasons, relating to those terms and conditions, as to why the participant wishes to initiate the service review, and

(c) describe how the participant has previously attempted to resolve the issues.

(4) A participant who wishes to initiate service reviews for more than one service must give separate notice under this section for each service.

(5) In the case of a service review in relation to the exercise of authority under letters patent, the minister may determine what is to be considered a separate service under that authority for the purposes of this Division.

Other issues and services may be dealt with in one service review

358  (1) The following issues may be addressed by a service review:

(a) the issues raised by the notice under section 357;

(b) any other issue respecting the service raised by a party at a preliminary meeting under section 359;

(c) if the other parties agree, an issue respecting the service raised by a party after the preliminary meeting.

(2) In addition to the issues under subsection (1), if

(a) at the same time or after the service review is initiated, another service review is initiated by notice under section 357 in respect of the same or another service,

(b) the other parties to the initial service review agree, and

(c) any participants in the other service who are not parties to the initial service review also agree,

the service reviews may be combined and dealt with in the same service review.

Preliminary meeting

359  (1) Within 120 days after receiving a notice under section 357 [initiating a service review], the board must arrange a preliminary meeting of all party representatives for the purpose of

(a) reviewing the terms and conditions of the service, and

(b) establishing a negotiation process for addressing

(i)   the issues raised in the notice, and

(ii)   any other issues raised by a party during the meeting,

with a view to reaching an agreement on the negotiation process and the issues to be addressed in the negotiations.

(2) If a facilitator has been designated under section 354 [minister may appoint facilitator], the board must give notice of the preliminary meeting to the facilitator.

(3) The requirement for a meeting under subsection (1) does not apply to a service review that is combined under section 358 with another service review that was previously initiated.

Negotiations to resolve issues

360  (1) Within 60 days after the preliminary meeting under section 359 was convened, or the first such meeting was convened if there is more than one, the parties must begin negotiations for the purpose of reaching agreement on the relevant issues.

(2) All parties must negotiate in good faith, making reasonable efforts to reach an agreement respecting the issues being addressed in the service review.

(3) At any time after receiving a notice under section 357 [initiating a service review], the minister may specify a time period within which the parties must conclude negotiations.

(4) The minister may extend a time period established under subsection (3) before or after it has expired.

Initiating service withdrawal

361  (1) A participant may initiate service withdrawal if all the following circumstances apply:

(a) the service has been subject to

(i)   a service review that was initiated within the past 3 years, or

(ii)   an alternative review process, in accordance with establishing bylaw provisions under section 340 (1) (e), that was started within the past 3 years;

(b) the first meeting respecting the review, which in the case of a service review is the first preliminary meeting under section 359, was convened more than 8 months ago;

(c) the service is not

(i)   a service referred to in section 338 (2) [services for which no establishing bylaw required],

(ii)   a regulatory service, or

(iii)   a service prescribed under subsection (6).

(2) A participant may initiate service withdrawal under this Division even if the establishing bylaw provides terms and conditions for withdrawal under section 340 (1) (f).

(3) To initiate service withdrawal, a participant must give written notice to the board, all other participants in the service and the minister.

(4) The notice under subsection (3) must

(a) describe the terms and conditions of participation in the service that the participant finds unsatisfactory, and

(b) give reasons, relating to those terms and conditions, as to why the participant wishes to withdraw from the service.

(5) Despite Divisions 3 to 5 of this Part or the establishing bylaw, at any time after receiving a notice under subsection (3) of this section, the minister may determine that a part of the service must be considered a separate service for the purposes of sections 362 to 372.

(6) The Lieutenant Governor in Council may make regulations excluding services from withdrawal under this Division.

(7) Regulations under subsection (6) may be different for different regional districts and different circumstances.

Minister's direction on process

362  (1) After receiving a notice under section 361, unless the matter is to be dealt with in another service withdrawal under section 363, the minister must do one of the following:

(a) if the establishing bylaw provides an alternative review process and the minister considers that agreement may be reached by a service review under this Division, terminate the service withdrawal and direct the parties to engage in a service review;

(b) direct the parties to engage in further negotiations respecting continued participation in the service, specifying a time period within which the parties must conclude negotiations;

(c) direct the parties to engage in negotiations respecting the terms and conditions for withdrawal, specifying a time period within which the parties must conclude negotiations;

(d) direct the parties to engage in mediation under section 365 respecting the terms and conditions for withdrawal, specifying a time period within which the mediation must be concluded;

(e) if satisfied that agreement is unlikely under paragraph (a), (b), (c) or (d), direct that the terms and conditions for withdrawal from the service be resolved by arbitration under section 366.

(2) The minister may extend a time period established under subsection (1) (b), (c) or (d) before or after it has expired.

(3) If no agreement is reached from negotiations under subsection (1) (b) within the applicable time period, the minister must take one of the actions set out in subsection (1) (c) to (e).

(4) If no agreement is reached from negotiations under subsection (1) (c) within the applicable time period, the minister must direct the parties to engage in mediation or arbitration in accordance with subsection (1) (d) or (e).

Addition of further initiating participants or further services

363  (1) If, at the same time or after a service withdrawal is initiated, the minister receives another notice under section 361 [initiating service withdrawal] respecting the same or any other service of the same regional district,

(a) in the case of a service withdrawal that is in negotiation under section 362 (1) (c) or mediation under section 365, the minister may direct that the matter be dealt with as part of the initial service withdrawal, and

(b) in the case of a service withdrawal that is in arbitration under section 366, the minister must refer the matter to the arbitrator, who may direct that it be dealt with as part of the initial service withdrawal.

(2) Before making a direction under subsection (1), the minister or arbitrator must consult with

(a) the parties in the initial service withdrawal,

(b) if applicable, the mediator, and

(c) if applicable, any participants in the other service who are not parties to the initial service withdrawal.

Early termination of process

364  A service withdrawal may be ended at any stage of the process

(a) by agreement between the parties,

(b) if there is only one notice under section 361 [initiating service withdrawal] in respect of the process, at the option of the initiating participant, or

(c) if there is more than one notice under section 361 in respect of the process, by agreement between the initiating participants.

Mediation in relation to service withdrawal

365  (1) If mediation is directed under section 362 (1) (d) [minister's direction on process], the mediator must be selected

(a) by agreement between the parties, or

(b) if the minister considers that the parties will not be able to reach agreement, by the minister.

(2) The mediation is to be a process of negotiation by the parties, undertaken with the assistance of a neutral and impartial person, for the purpose of reaching a mutually acceptable resolution of the relevant issues.

(3) The mediator must give notice to the minister when the mediation is concluded.

(4) Subject to subsection (5), if agreement on the terms and conditions for withdrawal is not reached during the mediation or within 60 days after the mediation is concluded, the terms and conditions for withdrawing from the service must be resolved by arbitration under section 366.

(5) The minister may extend the time period under subsection (4) before or after it has expired.

Arbitration in relation to service withdrawal

366  (1) If agreement in relation to service withdrawal cannot otherwise be reached under this Division, the terms and conditions for withdrawal must be resolved before a single arbitrator by

(a) final proposal arbitration in accordance with subsection (4), or

(b) full arbitration in accordance with subsection (5).

(2) The choice of process under subsection (1) (a) or (b) is to be determined by agreement between the parties but, if the minister considers that they will not be able to reach agreement, the minister must direct which procedure is to be used.

(3) The arbitrator is to be selected from a list prepared by the minister in consultation with the Union of British Columbia Municipalities, and is to be selected

(a) by agreement between the parties, or

(b) if the minister considers that the parties will not be able to reach agreement, by the minister.

(4) Subject to any regulations under section 372, the following apply to final proposal arbitration under this section:

(a) the arbitrator must conduct the proceedings on the basis of a review of written documents and written submissions only, and must determine each disputed issue by selecting one of the final written proposals submitted by the parties respecting that issue;

(b) in making a determination under paragraph (a), the arbitrator must consider any terms and conditions established under section 340 (1) (f) [establishing bylaw provisions respecting service withdrawal];

(c) the terms and conditions for service withdrawal must be resolved by the arbitrator after incorporation of the final proposals selected under paragraph (a) in respect of each issue;

(d) no written reasons are to be provided by the arbitrator.

(5) Subject to any regulations under section 372, the following apply to full arbitration under this section:

(a) the arbitrator may conduct the proceedings at the times and in the manner he or she determines;

(b) the arbitrator must consider any terms and conditions referred to in section 340 (1) (f);

(c) the terms and conditions for service withdrawal must be resolved by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues;

(d) for an arbitration involving more than one initiating participant, the final resolution may establish different terms and conditions for service withdrawal depending on which participants decide to withdraw under the final resolution;

(e) the arbitrator must give written reasons for the decision.

(6) The Arbitration Act does not apply to arbitration under this Division.

Initiating participant must respond to final resolution

367  (1) Within one year after final resolution under section 366 or a longer time established under subsection (2) of this section, each initiating participant must do one of the following and must notify the minister and board as to whichever applies:

(a) agree to continue as a participant on the current terms and conditions;

(b) agree with the board and the other participants on new terms and conditions for continued participation in the service;

(c) agree with the board and the other participants on terms and conditions for withdrawal that differ from the final resolution;

(d) seek approval in accordance with subsection (4) of this section regarding withdrawal from the service in accordance with the final resolution and, as applicable,

(i)   if that approval is obtained and the participant decides to proceed with withdrawal, agree to withdraw from the service in accordance with the final resolution, or

(ii)   if that approval is not obtained, or the approval is obtained but the participant decides not to proceed with withdrawal, agree to continue as a participant on the current terms and conditions.

(2) The minister may extend the time period under subsection (1) before or after it has expired.

(3) If the board and the participants do not adopt the bylaws and take the other actions required to implement an agreement referred to in subsection (1) (b) or (c) within the applicable time period under subsection (1), the initiating participant is deemed to have given notice of continuation under subsection (1) (a) unless it has given notice of withdrawal before the end of that period.

(4) Approval required under subsection (1) (d) is obtained by one of the following:

(a) assent of the electors in the participating area in accordance with section 344 [approval by assent of the electors];

(b) in the case of a service referred to in section 345 (1) [approval by alternative approval process], by approval in accordance with that section;

(c) in the case of a municipal participating area that is all of the municipality, consent given on behalf of the electors in accordance with section 346 [consent on behalf of municipal participating area].

(5) If the service withdrawal is related to more than one service,

(a) approval must be sought in respect of all services considered together, which are deemed to be a single matter requiring approval,

(b) approval under subsection (4) (b) may be used only if each of the services are services referred to in section 345 (1) (a) or (b), and

(c) approval under subsection (4) (c) may be used only if the municipal participating area for each of the services is all of the municipality.

Direction to further arbitration in certain cases

368  (1) The minister must direct that a new arbitration under section 366 be undertaken, if

(a) a service withdrawal involved more than one initiating participant,

(b) only some of the initiating participants give notice of withdrawal, and

(c) the final resolution does not include applicable provisions under section 366 (5) (d) [arbitration — separate terms and conditions].

(2) For the purposes of arbitration under subsection (1), the participants who gave the notice of withdrawal are deemed to be the initiating participants.

When final resolution becomes binding

369  A final resolution becomes binding on all parties as follows:

(a) in the case of a service withdrawal involving only one initiating participant, if the initiating participant gives notice of withdrawal, the final resolution becomes binding when that notice is given;

(b) in the case of a service withdrawal involving more than one initiating participant, if all initiating participants give notice of withdrawal, the final resolution becomes binding when the last of these notices is given;

(c) in the case of a service withdrawal involving more than one initiating participant, if

(i)   one or more initiating participants give notice of withdrawal, and

(ii)   the final resolution includes applicable provisions under section 366 (5) (d) [arbitration — separate terms and conditions],

the applicable provisions of the final resolution become binding when all of the initiating participants have given notice under section 367 (1) (a) or (d) or at the end of the time period under that section, whichever is earlier.

Implementation of final resolution by bylaw

370  (1) The board and the participants must adopt the bylaws and take the other actions required to implement the terms and conditions of a final resolution within 90 days after it becomes binding under section 369.

(2) Despite any other provision of this Act, approval of the electors is not required for a bylaw referred to in subsection (1).

(3) The minister may extend the time period under subsection (1) before or after it has expired.

Failure to adopt required bylaws

371  (1) If the board or a municipal participant does not adopt the bylaws required under section 370 [implementation by bylaw], on the recommendation of the minister, the Lieutenant Governor in Council may, by order, implement the terms and conditions of the final resolution.

(2) An order under subsection (1) is deemed to be a bylaw of the applicable local government.

Regulations respecting arbitrations

372  (1) The minister may make regulations respecting arbitrations under this Division and, without limiting this, may make regulations as follows:

(a) respecting matters that an arbitrator must or may consider;

(b) respecting the authority of an arbitrator to resolve the terms and conditions for withdrawing from a regional district service;

(c) respecting the authority of an arbitrator to require the cooperation of local governments and electoral area directors in relation to the arbitration.

(2) Regulations under this section may be different for

(a) final proposal arbitration, full arbitration and arbitration directed under section 368 [direction to further arbitration in certain cases],

(b) different regional districts, and

(c) different circumstances.

Part 11 — Regional Districts: Financial Management

Division 1 — Financial Planning and Accountability

Fiscal year and accounting for services

373  (1) The fiscal year for a regional district is the calendar year.

(2) The regional district financial officer must keep separate financial records for each service that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details.

Annual financial plan

374  (1) A regional district must have a financial plan that is adopted annually, by bylaw, by March 31.

(2) For certainty, the financial plan may be amended by bylaw at any time.

(3) The planning period for a financial plan is 5 years, that period being the year in which the plan is specified to come into force and the following 4 years.

(4) The financial plan must set out the following for each year of the planning period, shown separately for each service:

(a) the proposed expenditures for the service;

(b) the proposed funding sources for the service;

(c) the proposed transfers between funds in respect of the service.

(5) For any year, the total of the proposed expenditures and transfers to other funds in respect of a service must not exceed the total of the proposed funding sources and transfers from other funds for the service.

(6) The proposed expenditures for a service must set out separate amounts for each of the following as applicable:

(a) the amount required to pay interest and principal on regional district debt;

(b) the amount required for capital purposes;

(c) the amount required for a deficiency referred to in subsection (11);

(d) the amount required for other purposes.

(7) The proposed funding sources for a service must set out separate amounts for each of the following as applicable:

(a) revenue from property value taxes;

(b) revenue from parcel taxes;

(c) revenue from fees and charges;

(d) revenue from other sources;

(e) proceeds from borrowing, other than borrowing under section 404 [revenue anticipation borrowing].

(8) The proposed transfers between funds in respect of a service must set out separate amounts for

(a) reserve funds, and

(b) accumulated surplus.

(9) As a limit on expenditures, the amounts that may be included in a financial plan as expenditures respecting assistance to be apportioned under section 380 (2) (g) [assistance other than under a partnering agreement] must not, in total, exceed the amount that would be obtained by a tax of 10¢ per $1 000 on the net taxable value of land and improvements in the regional district.

(10) As a limit on revenues,

(a) if section 339 (1) (e) [requisition limits in establishing bylaw] applies in relation to a service, the total of the amounts included under subsection (7) (a) and (b) of this section for the service must not exceed the maximum amount set under section 339 (1) (e), and

(b) the total of the amounts requisitioned in respect of the service under the following must not exceed the amounts included under subsection (7) (a) and (b):

(i)   section 257 [tax base, requisition and collection of funds for treaty lands];

(ii)   section 385 [municipal requisitions];

(iii)   section 387 [electoral area requisitions].

(11) If actual expenditures and transfers to other funds in respect of a service for a year exceed actual revenues and transfers from other funds in respect of the service for the year, the resulting deficiency must be included in the next year's financial plan as an expenditure for the service in that year.

Public process for development of financial plan

375  (1) A board must undertake a process of public consultation regarding the proposed financial plan before it is adopted.

(2) The designated regional district officer must send a copy of the financial plan to each municipality in the regional district and to the inspector.

Annual reporting on regional district finances

376  (1) By June 30 in each year, a regional district must hold a board meeting or other public meeting for the purpose of presenting

(a) the audited financial statements of the preceding year, and

(b) the report under section 168 [reporting of council remuneration, expenses and contracts] of the Community Charter as it applies under section 377 [application of Community Charter provisions] of this Act.

(2) The board must give notice of the meeting by publication in a newspaper, including

(a) the date, time and place of the meeting, and

(b) a statement that the financial statements and any reports to be presented at the meeting are available for inspection at the regional district offices.

(3) A copy of the financial statements and reports must be available for public inspection at the regional district offices during their regular office hours from the time the notice under subsection (2) is given until June 30 in the following year.

Financial management: application of Community Charter

377  (1) The following provisions of the Community Charter apply to regional districts:

(a) section 167 [annual financial statements];

(b) section 168 [reporting of council remuneration, expenses and contracts];

(c) section 183 [investment of municipal funds];

(d) Division 2 [Audit] of Part 6 [Financial Management];

(e) Division 4 [Reserve Funds] of Part 6;

(f) Division 5 [Restrictions on Use of Municipal Funds] of Part 6.

(2) In relation to the application of Division 4 of Part 6 of the Community Charter,

(a) the provisions apply as though each service were the only service provided by the regional district,

(b) all accounting and other matters relating to a reserve fund must be kept separate for each service, and

(c) a board may adopt a bylaw under section 189 (3) [reserve fund used in relation to expropriation or damage to property] of the Community Charter in relation to compensation in respect of property expropriated or injured or to carry out works referred to in section 291 [entry on land to mitigate damage] of this Act, but only with the approval of the inspector.

(3) Despite subsection (2) (a) and (b), section 189 (4.1) and (4.2) [use of money in a reserve fund for the purposes of another reserve fund] of the Community Charter applies to reserve funds established by a board for capital purposes for the same service or for different services.

Division 2 — Cost Recovery for Services

Options for cost recovery

378  (1) A regional district may recover the costs of its services by one or more of the following:

(a) property value taxes imposed in accordance with Division 3 [Requisition and Tax Collection];

(b) subject to subsection (2), parcel taxes imposed in accordance with Division 3;

(c) fees and charges imposed under section 397 [imposition of fees and charges];

(d) revenues raised by other means authorized under this or another Act;

(e) revenues received by way of agreement, enterprise, gift, grant or otherwise.

(2) Parcel taxes may not be used to recover all or part of the costs of a regulatory service.

(3) In the case of a service for which an establishing bylaw is required, if all or part of the costs are to be recovered by one or more of the methods referred to in subsection (1) (a) to (c), the establishing bylaw must indicate which methods are to be used.

Costs of services

379  (1) All costs incurred by a regional district in relation to a service, including costs of administration attributable to the service, are part of the costs of that service.

(2) Subject to subsection (3), the amount required by a board

(a) for a payment authorized under section 740 [indemnification against proceedings],

(b) to satisfy a judgment or other order of a court against the regional district, or

(c) to satisfy an award or other order of an arbitrator against the regional district

is deemed to be costs of the service out of which the action arose.

(3) If the legal action or other proceeding arose from the negligence of the board, the amount is deemed to be costs of the service referred to in section 338 (2) (a) [general administration].

(4) If a regional district undertakes a service after conducting a feasibility study in respect of the service, the costs of that study are deemed to be costs of that service.

(5) If a referendum under section 336 [referendums regarding services] is limited to all or part of the service area for an existing service, the costs of the referendum are deemed to be costs of the service.

(6) For the purposes of apportionment under this Division and requisition under Division 3 [Requisition and Tax Collection], the costs of providing a service are deemed to be the costs that are to be recovered by means of property value taxes or parcel taxes.

Apportionment of costs

380  (1) If the establishing bylaw sets the method for apportioning the costs of providing a service, those costs must be apportioned among the participating areas in accordance with the bylaw.

(2) If the method of apportionment is not set by establishing bylaw, the costs of providing a service must be apportioned on the basis of the converted value of land and improvements in the service area as follows:

(a) if there is an establishing bylaw but it does not set out the method of apportionment, among the participating areas for the service;

(b) if there is no establishing bylaw and the method of apportionment is not otherwise set under this or another Act, among all the municipalities and electoral areas participating in the service, with the service area deemed to be the entire regional district;

(c) in the case of electoral area administration,

(i)   subject to subparagraph (ii), among all the electoral areas, with the service area deemed to be all the electoral areas, and

(ii)   if the board provides that some or all of the costs are to be apportioned among the electoral areas that the board considers benefit from the administration, those costs must be apportioned among those electoral areas, with the service area deemed to be all those electoral areas;

(d) in the case of feasibility studies in relation to proposed services, if no service is established and the board provides that the costs are to be apportioned among the electoral areas, among all the electoral areas, with the service area deemed to be all those electoral areas;

(e) in the case of services related to an approving officer, if the board is authorized to appoint the approving officer under section 77.1 [appointment of regional district and islands trust approving officers] of the Land Title Act, among all the electoral areas, with the service area deemed to be all those electoral areas;

(f) in the case of a service that is in relation to a regional growth strategy for an area that is less than the entire regional district, among the areas for which the regional growth strategy is initiated or adopted, with the service area being all those areas;

(g) in the case of assistance under section 263 (1) (c) [assistance for community benefit], other than assistance under a partnering agreement referred to in section 274, at the option of the board,

(i)   in accordance with paragraph (b) of this subsection, or

(ii)   among the municipalities or electoral areas benefiting from the assistance, with the service area deemed to be all those areas;

(h) in the case of a referendum under section 336 [referendums regarding services] that is not limited to all or part of the service area for an existing service, among the municipalities and electoral areas in which the referendum is held, with the service area deemed to be all those areas;

(i) in the case of a local community commission under section 243 [local community commissions], entirely from the local community, with the service area deemed to be that local community;

(j) in the case of a business improvement area under section 215 [business improvements areas] of the Community Charter in relation to a mountain resort, entirely from that area, with the service area deemed to be the business improvement area;

(k) in the case of services under Part 14 [Planning and Land Use Management], in accordance with section 381 [cost sharing for Part 14 services].

Cost sharing for services under Part 14 [Planning and Land Use Management]

381  (1) The costs of services under Part 14 must be apportioned on the basis of the converted value of land and improvements in the service area as follows:

(a) if no municipality has entered into an agreement under subsection (2) or opted out under subsection (3), among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;

(b) subject to paragraphs (c) and (d), if one or more municipalities have opted out under subsection (3) and are no longer participating in the services, among the electoral areas and any municipalities that have not opted out, with the service area deemed to be those areas;

(c) if one or more municipalities have entered into an agreement under subsection (2) to share only some of the costs, those costs are to be recovered in accordance with the agreements and the remaining costs are to be apportioned among the other municipalities and electoral areas participating in the services;

(d) if a municipality is liable for costs under subsection (6) or (7), those costs are to be recovered from the municipality and the remaining costs are to be apportioned among the other participating municipalities and electoral areas.

(2) The board and a municipality may enter into an agreement that the municipality is to share in some but not all of the costs of services under Part 14, to the extent set out in the agreement and in accordance with the terms and conditions for the municipality's participation established by the agreement.

(3) Subject to subsection (4), a municipality may opt out of participation in services under Part 14 by giving notice to the board, before August 31 in any year, that until further notice it will no longer share the costs of services under Part 14.

(4) A municipality that is a party to an agreement under subsection (2) may give notice under subsection (3) only in the last year of the term of the agreement.

(5) After notice is given under subsection (3), the municipality ceases to participate in the services, effective at the start of the following year.

(6) As an exception to subsection (5), if a municipality that is not a party to an agreement under subsection (2) gives notice under subsection (3) after a board has passed a resolution authorizing the preparation of an official community plan or bylaw under Part 14, the municipality continues to participate in the services and must share the costs in that preparation until the earlier of the following:

(a) the date the plan or bylaw is adopted;

(b) 2 years after the date the resolution is passed.

(7) Subsection (6) also applies to a municipality that is a party to an agreement under subsection (2) if the official community plan or bylaw is in relation to the Part 14 services for which the municipality shares costs under the agreement.

Property under creditor protection may be excluded from apportionment

382  (1) In this section:

"determined value" means the value of an eligible property determined by using the valuation basis described in the method of apportionment for the applicable eligible service;

"eligible property" means property located within the service area of an eligible service that is owned or occupied by an insolvent person who is liable for property value taxes or parcel taxes referred to in Division 3 [Requisition and Tax Collection] with respect to that property;

"eligible service" means a regional district service with respect to which all or part of the method of apportionment is based on the assessed value, net taxable value or converted value of

(a) land,

(b) improvements, or

(c) land and improvements,

or on a similar method of apportionment that uses property values;

"insolvent person" means a person

(a) who has filed for and been granted protection under the Companies' Creditors Arrangement Act (Canada),

(b) who has filed an assignment or a proposal or a notice of intention to make a proposal under the Bankruptcy and Insolvency Act (Canada) or against whom a bankruptcy order or an order appointing an interim receiver has been made under that Act,

(c) in respect of whom a winding-up order has been made under the Winding-up and Restructuring Act (Canada) based in whole or in part on the person being insolvent, or

(d) who has made an application to the administrator under section 5 of the Farm Debt Mediation Act (Canada) and who has been found by the administrator to be eligible to make that application.

(2) Despite sections 380 [apportionment of costs] and 381 [cost sharing for services under Part 14], the board may, on an annual basis, exclude the determined value of an eligible property from the apportionment for an eligible service.

(3) In order to be effective for the current year, an exclusion under subsection (2) must be made before the requisitions in respect of the eligible service for that year are sent to municipalities under section 385 [requisition of funds from municipalities] and to the Surveyor of Taxes under section 387 [requisition of funds for electoral areas].

Valuation information and apportionment adjustments

383  (1) As soon as practicable after the relevant information is available, the British Columbia Assessment Authority must provide to the designated regional district officer and to the inspector

(a) the net taxable value of land and improvements, and

(b) the converted value of land and improvements

in each municipality, electoral area and participating area.

(2) If adjustments are made under the Assessment Act to the values referred to in subsection (1), the British Columbia Assessment Authority must provide particulars to the designated regional district officer and to the inspector.

(3) If, in respect of a year,

(a) adjustments referred to in subsection (2) are made, and

(b) the share of the cost of all the services of the regional district that was apportioned to and borne by a municipality or an electoral area in that year would, had those adjustments been taken into account, have increased or decreased by more than $1 000,

the share of the cost apportioned to and borne by the municipalities and electoral areas must be adjusted in a manner directed by the minister in the next requisition after the adjustment.

Tax base for property value taxes

384  (1) In the case of a participating area for a service for which no establishing bylaw is required, property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.

(2) In the case of a municipal participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:

(a) the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes;

(b) the assessed value of land in the participating area, other than land exempt from taxation for municipal purposes;

(c) the assessed value of improvements in the participating area, other than improvements exempt from taxation for municipal purposes;

(d) the net taxable value of land and improvements in the participating area;

(e) the net taxable value of land in the participating area;

(f) the net taxable value of improvements in the participating area.

(3) As an exception to subsection (2), for a municipal participating area that is all or part of the City of Vancouver, property value taxes may be imposed on the basis set out in the establishing bylaw for the service.

(4) If a board fails to exercise its authority under subsection (2) or (3), property value taxes must be imposed on the basis of the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes.

(5) In the case of an electoral participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:

(a) the net taxable value of land and improvements in the participating area;

(b) the net taxable value of land in the participating area;

(c) the net taxable value of improvements in the participating area.

(6) If a board fails to exercise its authority under subsection (5), property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.

Division 3 — Requisition and Tax Collection

Requisition of funds from municipalities

385  (1) On or before April 10 in each year, the designated regional district officer must send to each municipality a requisition in respect of each service stating the amount required from the municipality for the service during the year.

(2) An amount requisitioned under this section is a debt due by the municipality to the regional district, and the council must pay it to the board on or before August 1 of the current year.

Collection in municipalities

386  (1) If a requisition is delivered to a municipality, the amount requisitioned must be collected by the municipality as follows:

(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax in accordance with Division 3 [Property Value Taxes] of Part 7 of the Community Charter using the tax base authorized under section 384 [tax base for property value taxes] of this Act;

(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax in accordance with Division 4 [Parcel Taxes] of Part 7 of the Community Charter.

(2) Part 7 [Municipal Revenue] of the Community Charter applies for the purposes of taxation under this section.

(3) If a participating area is only part of a municipality, taxes under this section in respect of the service may be imposed only in the municipal participating area for the service.

Requisition of funds for electoral areas

387  (1) On or before April 10 in each year, the designated regional district officer must deliver to the Surveyor of Taxes

(a) a requisition in respect of each service, stating the amount required during the year in respect of each electoral participating area, and

(b) that regional district officer's certification

(i)   that the amount requisitioned is included in the financial plan for that year, and

(ii)   of any other matter in relation to the requisition that is required to be certified under subsection (2).

(2) The Lieutenant Governor in Council may make regulations prescribing matters that must be certified under subsection (1) (b) and establishing requirements respecting such certifications.

(3) The amounts requisitioned under this section may be paid by the Minister of Finance from the consolidated revenue fund.

Collection in electoral areas

388  (1) If a requisition is delivered to the Surveyor of Taxes under section 387, the amount requisitioned must be collected by the Provincial government as follows:

(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax within the electoral participating areas in accordance with the Taxation (Rural Area) Act, having due regard to the tax base authorized under section 384 [tax base for property value taxes];

(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the electoral participating areas, on the basis of the assessment roll under subsection (2) of this section.

(2) If a parcel tax is to be imposed under this section,

(a) the board must, by bylaw, provide for the preparation of a parcel tax roll for the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 of the Community Charter applies,

(b) the authenticated parcel tax roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and

(c) the authenticated parcel tax roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.

(3) An amount to be recovered under this section must be imposed by the Provincial government as if it were a tax under the Taxation (Rural Area) Act, and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes imposed under this section.

Grants in place of taxes to be paid over to regional district

389  (1) The amount received by a municipality, by way of a grant in place of taxes for regional district purposes within the regional district,

(a) under the Municipal Aid Act , or

(b) from a Crown corporation or agency

must be paid to the board promptly after receipt.

(2) On or before February 1 in each year, the amount received under the Payments in Lieu of Taxes Act (Canada) in the immediately preceding year

(a) by a municipality, or

(b) for an electoral area, by the Surveyor of Taxes,

by way of a grant in place of taxes for regional district purposes within the regional district, must be paid to the board.

(3) An amount paid under subsection (1) or (2) must be applied proportionally to the accounts for the services in respect of which the grant is paid.

Division 4 — Tax Rates and Exemptions

Variable tax rate system

390  (1) In this section, "variable tax rate system" means a system under this section by which individual tax rates for a specific taxation year are determined and imposed for each property class to which the system applies.

(2) Despite section 388 [collection in electoral areas] but subject to the regulations under this section, a board may, by bylaw, establish an annual variable tax rate system for a specified taxation year.

(3) A variable tax rate system

(a) may apply to tax rates only for one or more regional district services,

(b) may vary tax rates only for property classes 2, 4 and 5, and

(c) must not result in the ratios between the tax rate for a property class referred to in paragraph (b) and the tax rate for property class 1 exceeding either

(i)   the applicable ratio prescribed under subsection (6), if any, or

(ii)   the applicable ratio under section 20 (2) [regulations respecting variable tax rate system] of the Taxation (Rural Area) Act.

(4) For each service subject to a variable tax rate system, the bylaw must set out the ratio between the tax rate for each property class subject to the system and the tax rate for property class 1.

(5) A bylaw under subsection (2) must be approved by the inspector and, for this purpose, must be submitted to the inspector by January 31 in the taxation year for which it is to apply.

(6) Subject to subsection (8), the Lieutenant Governor in Council may make regulations respecting variable tax rate systems, including regulations doing one or more of the following:

(a) prescribing limits on tax rates;

(b) prescribing ratios between the tax rate for a property class and the tax rate for property class 1;

(c) prescribing formulas for calculating the limits or ratios referred to in paragraph (a) or (b).

(7) Regulations under subsection (6) may prescribe different tax limits, ratios or formulas in relation to one or more of the following:

(a) different property classes;

(b) different regional districts;

(c) different services;

(d) different service areas;

(e) different types of participating areas.

(8) A regulation under subsection (6) may not prescribe a ratio for the purposes of subsection (3) (c) that would exceed the applicable ratio established under section 20 (2) [variable tax rate system] of the Taxation (Rural Area) Act.

Property tax exemptions

391  (1) Land and improvements owned or held by a regional district within the boundaries of the regional district are exempt from taxation when used for its own purposes, but otherwise are subject to taxation, as applicable,

(a) under section 229 [taxation of municipal land used by others] of the Community Charter as if the property were owned by a municipality, or

(b) under section 18 (4) [assessment in name of occupier] of the Taxation (Rural Area) Act as if the property belonged to the Crown.

(2) Despite subsection (1), the owner of land or improvements, or both, leased or rented to the regional district is liable for the payment of taxes that would otherwise be imposed with respect to that property under any Act.

(3) On or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, exempt property described in subsection (4) from taxation under this Part

(a) for the next calendar year, or

(b) with the assent of the electors, for a specified period not longer than 10 years.

(4) The following property that is in an electoral area may be exempted under subsection (3):

(a) land or improvements, or both, owned or held by, or held in trust by the owner for, an athletic or service organization and used principally for public athletic or recreation purposes;

(b) land or improvements, or both, used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall that the board considers necessary to the church;

(c) land that is owned and used exclusively by an agricultural or horticultural society and that is in excess of the area exemption under section 15 (1) (j) of the Taxation (Rural Area) Act;

(d) an interest held by a not-for-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a board of school trustees;

(e) an interest held by a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees;

(f) an interest held by a not-for-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a francophone education authority;

(g) land or improvements that

(i)   are owned or held by a municipality, regional district or other local authority, and

(ii)   the board considers are used for a purpose of the local authority.

(5) An exemption under subsection (3) may be limited to a specified portion of the net taxable value of the property to which the exemption applies.

(6) If, because of a change in the use or ownership of property exempted under subsection (3), the property no longer meets the requirements for exemption established by subsection (4), the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.

(7) Assent of the electors as required by subsection (3) (b) is obtained if, by voting conducted throughout the regional district, a majority of the votes counted as valid in all voting on the bylaw is in favour of the bylaw.

(8) Part 4 [Assent Voting] applies to voting for the purposes of subsection (7), with voting to be conducted either, at the option of the board,

(a) by the board throughout the regional district, or

(b) by the council of each municipality and by the board for that part of the regional district that is not in a municipality, with the results of voting in these areas totalled to determine whether assent has been obtained.

Exemptions for heritage properties

392  (1) In this section and section 393, "eligible heritage property" means property in an electoral area that is

(a) protected heritage property,

(b) subject to a heritage revitalization agreement under section 610, or

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

(2) Despite section 273 [prohibition against assistance to business] but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt from taxation under this Part all or part of

(i)   the eligible heritage property, and

(ii)   if the eligible heritage property is a building or other improvement so affixed to the land as to constitute real property, an area of land surrounding the eligible heritage property;

(b) limit an exemption under paragraph (a) to a specified portion of the net taxable value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if the bylaw has received the approval of the electors, for a specified period not longer than 10 years.

(4) In addition to the information required by section 86 (2) [alternative approval process — notice] of the Community Charter or section 176 (3) [notice of assent voting] of this Act, the notice in relation to approval of the electors under subsection (3) (b) of this section must

(a) identify the eligible heritage property that would be subject to the bylaw, and

(b) describe the exemption that would be made for the eligible heritage property.

(5) Within 30 days after adopting a bylaw under this section, the board must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with section 595 [notice to heritage minister] of this Act.

Repayment requirement in relation to heritage exemptions

393  (1) A bylaw under section 392 may provide that, if any of the following circumstances as specified in the bylaw occur, the board may require the owner of the eligible heritage property at that time to pay to the regional district the amount calculated under subsection (2) of this section:

(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;

(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;

(c) if any other circumstances specified in the bylaw occur.

(2) The amount that may be required under subsection (1) is the amount equivalent to the sum of

(a) the total taxes exempted under the bylaw under section 392

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 245 [taxes in arrear] of the Community Charter.

(3) A bylaw under section 392 that includes a provision under subsection (1) may be adopted only with the consent of the current owner of the eligible heritage property to which the bylaw applies.

(4) If a bylaw under section 392 includes a provision under subsection (1) of this section, within 30 days after the bylaw is adopted, the board must have notice of the bylaw filed in the land title office, and for this purpose section 594 [notice on land titles] applies.

(5) If a bylaw under section 392 includes a provision under subsection (1) of this section and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2) of this section, or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2) of this section.

(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).

(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may

(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible heritage property, in which case section 399 [special fees and charges that are to be collected as taxes] applies, or

(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.

Exemptions for riparian property

394  (1) In this section and section 395:

"eligible riparian property" means property that meets all the following requirements:

(a) the property must be riparian land;

(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;

(c) the regional district granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;

(d) any other requirements prescribed under subsection (6);

"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of

(a) the area of the eligible riparian property that is exempted under subsection (2) (a)

to

(b) the area of the parcel of land in relation to which the exemption is made.

(2) Despite section 273 [prohibition against assistance to business] but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible riparian property from taxation under this Part;

(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.

(4) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if the bylaw has received the approval of the electors, for a specified period not greater than 10 years.

(5) In addition to the information required by section 86 (2) [alternative approval process notice] of the Community Charter or section 176 (3) [notice of assent voting] of this Act, the notice in relation to approval of the electors under subsection (4) (b) of this section must

(a) identify the eligible riparian property that would be subject to the bylaw, and

(b) describe the exemption that would be made for the eligible riparian property.

(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.

Repayment requirement in relation to riparian exemptions

395  (1) A bylaw under section 394 may provide that, if

(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,

(b) the covenant is discharged before the end of the period of the exemption, or

(c) any other circumstances specified in the bylaw occur,

the board may require the owner of the eligible riparian property at that time to pay to the regional district the amount referred to in subsection (2) of this section.

(2) The amount that may be required under subsection (1) is the amount equivalent to the sum of

(a) the total taxes exempted under the bylaw under section 394

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 245 [taxes in arrear] of the Community Charter.

(3) A bylaw under section 394 that includes a provision under subsection (1) of this section may be adopted only with the consent of the owner of the eligible riparian property to which the bylaw applies.

(4) If a bylaw under section 394 includes a provision under subsection (1) of this section, within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office, and for this purpose section 594 [notice on land titles] applies.

(5) If a bylaw under section 394 includes a provision under subsection (1) of this section and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2) of this section, or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2) of this section.

(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligations of the owner to pay the amount referred to in subsection (2).

(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may

(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible riparian property, in which case section 399 [special fees and charges that are to be collected as taxes] applies, or

(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.

Tax exemptions under partnering agreement

396  (1) A board may, by bylaw, exempt from taxation under this Part all or part of the land, improvements or both owned or held by a party to a partnering agreement with the regional district, during all or part of the term of the agreement.

(2) An exemption under this section may be provided only for that portion of the land or improvements used for a public purpose.

(3) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for a period that by exercising rights of renewal or extension could exceed 5 years, the bylaw may be adopted only with the approval of the electors.

(4) An exemption under this section takes effect as follows:

(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year;

(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year.

(5) If, because of a change in the use or ownership of property exempted from taxation by bylaw under this section the property no longer meets the requirements for exemption, the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.

Division 5 — Fees, Charges and Interest

Imposition of fees and charges

397  (1) A board may, by bylaw, impose a fee or charge payable in respect of

(a) all or part of a service of the regional district, or

(b) the use of regional district property.

(2) Without limiting subsection (1), a bylaw under this section may do one or more of the following:

(a) if the bylaw is in relation to an authority to provide a service or regulate outside the regional district, apply outside the regional district;

(b) base the fee or charge on any factor specified in the bylaw, including by establishing different rates or levels of fees in relation to different factors;

(c) establish different classes of persons, property, businesses and activities and different fees or charges for different classes;

(d) establish terms and conditions for payment, including discounts, interest and penalties;

(e) provide for the reduction, waiving or refund of a fee or charge if, as specified in the bylaw, a person

(i)   has already paid towards the costs to which the fee or charge relates,

(ii)   does not require the service to which the fee or charge relates,

(iii)   no longer undertakes the activity or thing for which a licence, permit or approval was required, or

(iv)   has prepaid towards the costs of the service to which the fee or charge relates and use of the service by the person is discontinued;

(f) establish fees for obtaining copies of records that are available for public inspection.

(3) As an exception, a board may not establish a fee or charge under this section

(a) in relation to Part 3 [Electors and Elections] or Part 4 [Assent Voting], or

(b) in relation to any other matter for which another provision of this Act specifically authorizes the imposition of a fee or charge.

(4) A regional district must make available to the public, on request, a report respecting how a fee or charge imposed under this section was determined.

Interest calculation

398  A regional district may, by bylaw, establish the manner in which interest is calculated if

(a) this or another Act provides a requirement or authority to apply interest to an amount owed to, or owing by, the regional district, and

(b) the manner in which interest is calculated is not otherwise provided for.

Special fees and charges that are to be collected as taxes

399  (1) This section applies to the following:

(a) regional district fees or charges imposed under this Act for work done or services provided to land or improvements;

(b) fees imposed under section 328 (2) (b) [fire and security alarms systems];

(c) amounts that a regional district is entitled to recover for work done or services provided to land or improvements under any provision of this Act that authorizes the regional district to recover amounts in the event of default by a person.

(2) If an amount referred to in subsection (1) is due and payable by December 31 and is unpaid on that date,

(a) the amount is deemed to be taxes in arrear,

(b) the regional district financial officer must promptly, after December 31, forward a statement showing the amount of the fee or charge

(i)   to the Surveyor of Taxes in the case of real property that is not in a municipality, or

(ii)   to the applicable municipal collector in other cases, and

(c) the Surveyor of Taxes or collector must add the amount of the fee or charge to the taxes payable on the property.

(3) If an amount is added to taxes under subsection (2) (c),

(a) the amount is deemed to be a Provincial or municipal tax, as applicable, and must be dealt with in the same manner as taxes against the property would be dealt with under the Taxation (Rural Area) Act or the Community Charter, and

(b) when it is collected, the Minister of Finance or collecting municipality must pay the amount to the regional district to which it is owed.

(4) If an amount is added under subsection (2) (c) and is not paid at the time the property is sold by tax sale,

(a) if the upset price is obtained at the time of the tax sale, the minister or municipality referred to in subsection (3) must pay out of the proceeds of the sale the amount due under this section to the regional district to which it is owed, or

(b) if the upset price is not obtained and subsequently the property is sold, the proceeds of the sale must be applied according to the respective interests in the upset price.

(5) Despite subsections (2) to (4), the regional district to which the amount is owed may bring action in a court of competent jurisdiction to recover that amount.

Special fees and charges that are liens against property

400  (1) This section applies to amounts referred to in section 399.

(2) An amount referred to in subsection (1)

(a) is a charge or lien on the land and its improvements in respect of which the charge is imposed, the work done or services provided,

(b) has priority over any claim, lien, privilege or encumbrance of any person except the Crown, and

(c) does not require registration to preserve it.

(3) An owner of land or real property aggrieved by the creation of a charge or lien under this section may, on 10 days' written notice to the regional district, apply to the Supreme Court for an order that the charge be removed or that the amount for which it was imposed be varied.

(4) On an application under subsection (3), if the court is satisfied that any of the amount for which the charge or lien was created was imposed improperly, it may order that the charge or lien be removed or that the amount be varied, or make another order it considers proper.

Division 6 — Expenditures and Liabilities

Limit on expenditures

401  (1) A regional district must not make an expenditure other than one authorized under subsection (2) or (3).

(2) A regional district may make an expenditure that is provided for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.

(3) A regional district may make an expenditure for an emergency that was not contemplated for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.

(4) In relation to the authority under subsection (3), the board must establish procedures

(a) to authorize expenditures under that subsection, and

(b) to provide for such expenditures to be reported to the board at a regular meeting.

(5) If an expenditure is made under subsection (3), as soon as practicable, the board must amend the financial plan in respect of the service to include the expenditure and the funding source for the expenditure.

(6) For certainty, the authority under subsection (3) does not include the authority to borrow for the purpose of making the expenditure.

Limit on borrowing and other liabilities

402  (1) A regional district may incur a liability only under the authority of this or another Act.

(2) A regional district must not incur a liability for which expenditures are required during the planning period for its financial plan unless those expenditures are included for the applicable year in the financial plan.

(3) Subsection (2) does not apply to a debt under section 404 [revenue anticipation borrowing].

Borrowing and liability: application of Community Charter

403  (1) The following provisions of the Community Charter apply to regional districts:

(a) section 175 [liabilities under agreements];

(b) section 176 [liabilities imposed under prescribed enactments];

(c) section 179 [loan authorization bylaws for long term borrowing].

(2) For the purposes of obtaining the approval of the electors under section 175 of the Community Charter as it applies under subsection (1) of this section, the electors are the electors of the service area in respect of which the liability is to be incurred.

(3) In relation to section 179 (1) (g) of the Community Charter as it applies under subsection (1) of this section, the reference to carrying out works referred to in section 32 (3) [expropriation or damage to property] of that Act is to be read as a reference to works referred to in section 291 [entry on land to mitigate damage] of this Act.

Revenue anticipation borrowing

404  (1) A board may, by bylaw, provide for the borrowing of money that may be necessary to meet its current lawful expenditures before its revenue, from all sources, to pay for those expenditures has been received.

(2) Money borrowed under this section must be repaid when the anticipated revenue with respect to which the borrowing was authorized is received.

Short-term capital borrowing in relation to general administration

405  (1) A board may, by bylaw adopted with the approval of the inspector, contract a debt for any purpose of a capital nature related to the service referred to in section 338 (2) (a) [general administration].

(2) A bylaw and the debt under this section must comply with the following:

(a) the debt must not cause the aggregate liabilities under this section to exceed the sum of $50 000 plus the product of $2 multiplied by the population of the regional district;

(b) the debt and securities for it must be payable no later than the lesser of

(i)   5 years from the date on which the securities were issued, or

(ii)   the reasonable life expectancy of the capital asset for which the debt is contracted;

(c) the bylaw must set out

(i)   the amount of the debt intended to be incurred, and

(ii)   in brief and general terms, the purpose for which the debt is to be incurred.

(3) For the purposes of subsection (2) (a), the regional district population is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known.

Regional district loan authorization bylaws

406  (1) In addition to the requirements of section 179 [loan authorization bylaws for long term borrowing] of the Community Charter, a regional district loan authorization bylaw must identify the service to which it relates.

(2) A loan authorization bylaw may not be adopted in relation to a service referred to in section 338 (2) (h) [grants for mountain resort business improvement areas].

(3) Section 349 (1) to (6) [amendment or repeal of establishing bylaws] applies to the amendment or repeal of a loan authorization bylaw.

Participating area approval required for some loan authorization bylaws

407  (1) Subject to subsection (2), a loan authorization bylaw must receive participating area approval in accordance with this section.

(2) Participating area approval is not required for the following:

(a) paying compensation in respect of property expropriated or injured in carrying out works referred to in section 291 [entry on land to mitigate damage] of this Act;

(b) borrowing money for a purpose referred to in section 179 (1) (d) to (f) [borrowings for court and arbitration requirements] of the Community Charter;

(c) borrowing money for a purpose prescribed by regulation or in circumstances prescribed by regulation, subject to any conditions established by regulation.

(3) Participating area approval under this section may be obtained as follows:

(a) in any case, by assent of the electors in accordance with section 344 [approval by assent of the electors];

(b) in any case, by approval given in accordance with section 345 [approval by alternative approval process];

(c) for a municipal participating area that is all of the municipality, consent given in accordance with section 346 [consent on behalf of municipal participating area];

(d) for an electoral participating area, by consent given in accordance with section 347 (2) to (4) [consent on behalf of electoral participating area] if

(i)   the borrowing is in relation to a service that was requested by petition under section 337 [petition for electoral area services] and the petition contemplated the borrowing, or

(ii)   the borrowing was requested by petition under section 408 [electoral participating area petition for borrowing].

(4) The matter put before the electors under subsection (3) (a) or (b) must include the information referred to in section 179 (2) [loan authorization bylaw requirements] of the Community Charter.

(5) Subject to this section, Part 10 [Regional Districts: Service Structure and Establishing Bylaws] applies for the purposes of obtaining approval required by subsection (1).

Electoral participating area petition for borrowing

408  (1) The owners of parcels in an electoral participating area may sign and submit to the regional district a petition for borrowing in relation to the service.

(2) Each page of a petition referred to in subsection (1) must do the following:

(a) identify the service in relation to which the borrowing is proposed;

(b) identify the relevant electoral participating area;

(c) describe in brief and general terms the purpose of the proposed borrowing;

(d) state the estimated total amount of the proposed borrowing;

(e) state the maximum term for which the debentures for the proposed borrowing may be issued;

(f) contain other information that the board may require.

(3) In order for a petition to be certified as sufficient and valid for the purposes of this section,

(a) the petition must be signed by the owners of at least 50% of the parcels liable to be charged in relation to the proposed borrowing, and

(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the electoral participating area.

(4) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter applies to a petition under this section.

Temporary borrowing under loan authorization bylaw

409  (1) A board that has adopted a loan authorization bylaw may, by bylaw, temporarily borrow money not exceeding the difference between the total amount authorized by the loan authorization bylaw and the amount already borrowed in relation to that bylaw.

(2) To the extent necessary, the proceeds of the borrowing under section 411 [security issuing bylaws] in relation to the loan authorization bylaw must be used to repay the money temporarily borrowed.

Financing municipal undertakings

410  (1) A regional district may finance, at the request and sole cost of a municipality, an undertaking

(a) for which the council of the municipality has adopted a loan authorization bylaw in accordance with the Community Charter, or

(b) in the case of the City of Vancouver, for which the council has passed a bylaw or resolution authorizing the borrowing of money under the Vancouver Charter.

(2) For the purpose of financing under this section,

(a) the board may adopt a security issuing bylaw without adopting a loan authorization bylaw, and

(b) the security issuing bylaw must state, as its authorization, the bylaw or resolution referred to in subsection (1).

(3) The municipality must provide for and pay over to the regional district the amounts required to discharge its obligations in accordance with the terms of debentures issued to the regional district or agreements entered into under section 411 [security issuing bylaws] or under the Vancouver Charter.

(4) If the amounts provided for in the debentures or under the agreements, as referred to in subsection (3), are not sufficient to meet the obligations of the board, the deficiency is a liability of the municipality to the regional district.

Security issuing bylaws

411  (1) A board may, by a security issuing bylaw, provide for the issue of debentures or other evidence of debt for all or part of the debt authorized by one or more loan authorization bylaws.

(2) A security issuing bylaw must specify the following:

(a) the loan authorization bylaws that authorize the borrowing;

(b) the amount of borrowing authorized by each loan authorization bylaw;

(c) the amount already borrowed under each loan authorization bylaw;

(d) the amount remaining to be borrowed under each loan authorization bylaw;

(e) the amount authorized by the security issuing bylaw to be issued under each loan authorization bylaw;

(f) the term of the debt.

(3) The proceeds of the borrowing under a security issuing bylaw must be allotted proportionally for the purposes of each loan authorization bylaw referred to in subsection (2) (a).

(4) A security issuing bylaw must not be adopted

(a) while any proceeding is pending in which the validity of a loan authorization bylaw referred to in subsection (2) (a) is called into question or by which it is sought to be set aside, or

(b) until the time for giving notice of intention to apply to set aside the loan authorization bylaw expires.

(5) A regional district security issuing bylaw may include borrowing under section 410 [financing municipal undertakings], as well as borrowing by the regional district for its own purposes.

General liability provisions

412  (1) Money borrowed by a regional district must be on its credit at large and, in the event of default, constitutes an indebtedness of the municipalities and electoral areas in the regional district that they are jointly and severally liable to repay.

(2) If a municipality defaults on the payment of money due and payable by it to the regional district, the Lieutenant Governor in Council may, at the request of the board, appoint a commissioner for the municipality and, on being appointed, the commissioner has all the powers and duties of a commissioner appointed under Division 3 [Administrative Commissioner] of Part 19 [General Matters and Provincial Authorities].

Part 12 — Regional Districts: Bylaw Enforcement and Challenge of Bylaws

Division 1 — Bylaw Enforcement and Related Matters

Bylaw enforcement: fines and other penalties

413  (1) A board may make bylaws for

(a) the purposes of enforcing the bylaws of the regional district by fine, by imprisonment or both, and

(b) imposing fines, penalties and costs.

(2) Section 261 [payment of fines and other penalties] of the Community Charter applies to regional districts.

Ticketing for bylaw offences: application of Community Charter

414  (1) Division 3 [Ticketing for Bylaw Offences] of Part 8 of the Community Charter applies to regional districts.

(2) For the purpose of subsection (1), a reference in section 265 [penalties in relation to ticket offences] of the Community Charter to a bylaw is to be read as a reference to a bylaw under section 413 (1) of this Act.

Bylaw notices: application of Local Government Bylaw Notice Enforcement Act

415  (1) Subject to the regulations under the Local Government Bylaw Notice Enforcement Act, a regional district bylaw may be enforced by bylaw notice under and in accordance with that Act.

(2) If a matter is prescribed for the purpose of section 4 (2) [regulations restricting enforcement to bylaw notices] of the Local Government Bylaw Notice Enforcement Act, a board that adopts or has adopted a bylaw in relation to the matter may enforce the bylaw only by bylaw notice under that Act.

Bylaw contraventions — offences and prosecutions

416  (1) If a bylaw establishes a regulation or requirement to be observed in a regional district, a person who contravenes the regulation or requirement commits an offence that is punishable in the same manner as if the bylaw had expressly forbidden persons from doing or refraining from doing the act.

(2) In a prosecution for an offence against a regional district bylaw, the justice or court may impose all or part of the penalty or punishment authorized by the bylaw, this Act or the Offence Act, together with the costs of prosecution.

(3) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justice or court may, by order, authorize all or part of the penalty and costs to be levied by distress and sale of the offender's goods and chattels.

(4) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the justice or court may commit the offender to imprisonment for the term, or part of the term, specified in the bylaw.

Additional sentencing powers in relation to Offence Act prosecutions

417  (1) If a person is convicted of an offence

(a) under subsection (3), or

(b) against a regional district bylaw in a prosecution commenced by an information in Form 2 under the Offence Act,

in addition to the penalty established under section 413 [bylaw enforcement: fines and other penalties], the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order

(c) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(d) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(2) An order under subsection (1) must specify the duration of the order, which may not exceed one year.

(3) A person who fails to comply with an order under subsection (1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or both.

(4) For the purposes of section 43 (3) [exception from obligation for regional district to pay collected fines to government] of the Provincial Court Act, a fine imposed in a prosecution for an offence under subsection (3) of this section is deemed to be a fine imposed for the contravention of a bylaw of the regional district.

(5) If a person is convicted of an offence referred to in subsection (1) (a) or (b), on application by the regional district or another person for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the person

(a) to pay to the regional district or to the other person compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act, for any damage or loss sustained by the regional district or other person because of the commission of the offence, and

(b) in accordance with the schedule of costs prescribed under section 132 (2) (h) of the Offence Act, to pay to the regional district the costs incurred by the regional district in investigating and prosecuting the person.

(6) In the case of a dispute, the amount of compensation payable under subsection (5) (a) must be proven on a balance of probabilities by the regional district or the other person.

(7) An order under subsection (5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

Authority to fulfill requirements at defaulter's expense

418  (1) The authority of a board under this or another Act to require that something be done includes the authority to direct that, if a person subject to the requirement fails to take the required action, the regional district may

(a) fulfill the requirement at the expense of the person, and

(b) recover the costs incurred from that person as a debt.

(2) Section 399 [special fees and charges that are to be collected as taxes] applies to an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements.

Inspections to determine whether bylaws are being followed

419  If a board has authority to regulate, prohibit and impose requirements in relation to a matter, the board may, by bylaw, authorize officers, employees and agents of the regional district to enter, at all reasonable times, on any property to inspect and determine whether all regulations, prohibitions and requirements are being met.

Enforcement by civil proceedings: application of Community Charter

420  Division 4 [Enforcement by Civil Proceedings] of Part 8 of the Community Charter applies to regional districts.

Recovery of utility rates by legal remedy of distress

421  (1) In addition to other remedies in this Act for the collection and recovery of gas rates, electrical energy rates or water rates authorized by this Act, the payment of those rates may be enforced by a regional district by distress and sale of the goods and chattels of the person owing the rates wherever those chattels are found in the regional district.

(2) The costs chargeable in relation to distress under this section are those payable under the Rent Distress Act, unless another scale is provided under this Act.

Scale of costs in relation to legal remedy of distress

422  A board may, by bylaw, regulate and alter the scale of costs payable in cases of distress under this Act.

Enforcement of bylaws in relation to discharge of firearms

423  Despite this Act or a provision in letters patent issued to a regional district, a bylaw of a regional district regulating or prohibiting the discharge of firearms, as defined in the Wildlife Act, is unenforceable to the extent that a regulation under section 108 (2) (n) or (o) of the Wildlife Act is in force in the regional district.

Entry warrants: application of Community Charter

424  Section 275 [entry warrants] of the Community Charter applies to regional districts.

Division 2 — Challenge of Bylaws and Other Regional District Instruments

Challenge of bylaws and other regional district instruments

425  (1) Division 1 [Challenge of Municipal Bylaws and Other Instruments] of Part 16 [Municipal Provisions] applies to regional districts.

(2) Notice of an application to set aside a regional district security issuing bylaw, stating the grounds of the application, must be served on the regional district at least 5 days before the hearing and not more than 10 days after the adoption of the bylaw.

Part 13 — Regional Growth Strategies

Division 1 — Interpretation

Definitions in relation to this Part

426  In this Part:

"affected local government", in relation to a regional growth strategy,

(a) means a local government whose acceptance of the regional growth strategy

(i)   is required under section 436 [acceptance by affected local governments], or

(ii)   would be required if that section applied, and

(b) in the case of a regional growth strategy for the Greater Vancouver Regional District, includes the South Coast British Columbia Transportation Authority continued under the South Coast British Columbia Transportation Authority Act;

"facilitator", in relation to a regional growth strategy, means the facilitator designated by the minister under section 435 [facilitation of agreement during development of regional growth strategy];

"initiate", in relation to a regional growth strategy, means initiation under section 433 [initiation of regional growth strategy process];

"municipality" includes the City of Vancouver;

"official community plan" includes

(a) an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985,

(b) Part 1 of a rural land use bylaw, and

(c) an official development plan under the Vancouver Charter;

"regional context statement" means a regional context statement under section 446 [requirement for regional context statement in municipal official community plans];

"regional matter" means a matter that involves coordination between or affects more than one municipality, more than one electoral area, or at least one of each, in a regional district.

Part also applies to amendment and repeal of regional growth strategy

427  This Part, as it applies to the initiation, development and adoption of a regional growth strategy, applies to the amendment and repeal of a regional growth strategy.

Division 2 — Application and Content of Regional Growth Strategy

Purpose of regional growth strategy

428  (1) The purpose of a regional growth strategy is to promote human settlement that is socially, economically and environmentally healthy and that makes efficient use of public facilities and services, land and other resources.

(2) Without limiting subsection (1), to the extent that a regional growth strategy deals with these matters, it should work towards but not be limited to the following:

(a) avoiding urban sprawl and ensuring that development takes place where adequate facilities exist or can be provided in a timely, economic and efficient manner;

(b) settlement patterns that minimize the use of automobiles and encourage walking, bicycling and the efficient use of public transit;

(c) the efficient movement of goods and people while making effective use of transportation and utility corridors;

(d) protecting environmentally sensitive areas;

(e) maintaining the integrity of a secure and productive resource base, including the agricultural land reserve;

(f) economic development that supports the unique character of communities;

(g) reducing and preventing air, land and water pollution;

(h) adequate, affordable and appropriate housing;

(i) adequate inventories of suitable land and resources for future settlement;

(j) protecting the quality and quantity of ground water and surface water;

(k) settlement patterns that minimize the risks associated with natural hazards;

(l) preserving, creating and linking urban and rural open space, including parks and recreation areas;

(m) planning for energy supply and promoting efficient use, conservation and alternative forms of energy;

(n) good stewardship of land, sites and structures with cultural heritage value.

Content of regional growth strategy

429  (1) A board may adopt a regional growth strategy for the purpose of guiding decisions on growth, change and development within its regional district.

(2) A regional growth strategy must cover a period of at least 20 years from the time of its initiation and must include the following:

(a) a comprehensive statement on the future of the region, including the social, economic and environmental objectives of the board in relation to the regional district;

(b) population and employment projections for the period covered by the regional growth strategy;

(c) to the extent that these are regional matters, actions proposed for the regional district to provide for the needs of the projected population in relation to

(i)   housing,

(ii)   transportation,

(iii)   regional district services,

(iv)   parks and natural areas, and

(v)   economic development;

(d) to the extent that these are regional matters, targets for the reduction of greenhouse gas emissions in the regional district, and policies and actions proposed for the regional district with respect to achieving those targets.

(3) In addition to the requirements of subsection (2), a regional growth strategy may deal with any other regional matter.

(4) A regional growth strategy may include any information, maps, illustrations or other material.

Area to which regional growth strategy applies

430  (1) Unless authorized under subsection (2) or required by regulation under section 431, a regional growth strategy must apply to all of the regional district for which it is adopted.

(2) On request by the applicable board or boards, the minister may authorize a regional growth strategy that

(a) applies to only part of a regional district, or

(b) is developed jointly by 2 or more regional districts to apply to all or parts of those regional districts.

(3) The minister may establish terms and conditions for a regional growth strategy authorized under subsection (2) or required under section 431.

(4) If the minister considers it necessary or advisable for a regional district service in relation to a regional growth strategy referred to in subsection (3), the minister may, by order, give directions respecting the following:

(a) operation of the service;

(b) sharing of costs;

(c) voting on bylaws and resolutions relating to the service;

(d) the intergovernmental advisory committee;

(e) other matters relating to the regional growth strategy.

(5) To the extent of any inconsistency between this Act and an order under subsection (4), the order prevails.

Regulation requiring regional growth strategy

431  (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by regulation, do one or both of the following:

(a) designate areas for which a regional growth strategy must be developed and adopted;

(b) specify a time period within which the regional growth strategy must be adopted.

(2) The minister must not make a recommendation referred to in subsection (1) unless, in the opinion of the minister, the area to which the regional growth strategy is proposed to apply has been experiencing significant change in its population, its economic development or an aspect of growth or development that involves coordination between local governments or affects more than one local government.

Division 3 — Preparation and Adoption Procedures

Requirements for adoption

432  (1) The following are required before a regional growth strategy is adopted:

(a) the regional growth strategy must be initiated in accordance with section 433;

(b) consultation must be conducted in accordance with section 434;

(c) the regional growth strategy must be accepted by affected local governments in accordance with section 436, except in relation to an amendment under section 437 [minor amendments to regional growth strategies].

(2) As an exception to subsection (1) (c), a regional growth strategy may be adopted without acceptance in relation to a specific provision if

(a) the provision is included on the basis that it is not binding on the jurisdiction of an affected local government that has refused to accept it, and

(b) the board considers that it is not essential to the regional growth strategy that the provision apply to that jurisdiction.

(3) A provision included under subsection (2) becomes binding on a jurisdiction if, at any time after adoption of the regional growth strategy, the affected local government for the jurisdiction indicates to the board that it accepts the provision.

Initiation of regional growth strategy process

433  (1) The preparation of a regional growth strategy must be initiated by resolution of the board.

(2) If a regional growth strategy is to apply to less than the entire regional district or is to be prepared jointly with another regional district, this must be authorized under section 430 (2) [minister authorization on request] or required under section 431 [regulation requiring regional growth strategy] before the regional growth strategy is initiated.

(3) If, at the time of initiation, the board proposes to deal with an additional regional matter under section 429 (3), the initiating resolution must identify the matter.

(4) The proposing board must give written notice of an initiation under this section to affected local governments and to the minister.

Consultation during development of regional growth strategy

434  (1) During the development of a regional growth strategy,

(a) the proposing board must provide opportunity for consultation with persons, organizations and authorities that the board considers will be affected by the regional growth strategy, and

(b) the board and the affected local governments must make all reasonable efforts to reach agreement on a proposed regional growth strategy.

(2) For the purposes of subsection (1) (a), as soon as practicable after the initiation of a regional growth strategy, the board must adopt a consultation plan that, in the opinion of the board, provides opportunities for early and ongoing consultation with, at a minimum, the following:

(a) its citizens;

(b) affected local governments;

(c) first nations;

(d) boards of education, greater boards and improvement district boards;

(e) the Provincial and federal governments and their agencies.

(3) In adopting a consultation plan under subsection (2), the board must consider whether the plan should include the holding of a public hearing to provide an opportunity for persons, organizations and authorities to make their views known before the regional growth strategy is submitted for acceptance under section 436 [acceptance by affected local governments].

(4) A failure to comply with a consultation plan under subsection (2) does not invalidate the regional growth strategy as long as reasonable consultation has been conducted.

(5) For certainty, at any time during the development of a regional growth strategy, additional regional matters may be included under section 429 (3).

Facilitation of agreement during development of regional growth strategy

435  (1) The minister may appoint facilitators for the purposes of this Part, whose responsibilities are

(a) to monitor and assist local governments in reaching agreement on the acceptance of regional growth strategies during their development by

(i)   facilitating negotiations between the local governments,

(ii)   facilitating the resolution of anticipated objections,

(iii)   assisting local governments in setting up and using non-binding resolution processes, and

(iv)   facilitating the involvement of the Provincial and federal governments and their agencies, first nations, boards of education, greater boards and improvement district boards, and

(b) to assist local governments in entering into implementation agreements under section 451.

(2) On being notified that a regional growth strategy has been initiated, the minister may designate a person appointed under subsection (1) as the facilitator responsible in relation to the regional growth strategy.

(3) At any time until the end of the period for acceptance or refusal of the proposed regional growth strategy under section 436 (4) (b), the facilitator is to provide assistance referred to in subsection (1) (a) of this section if requested to do so

(a) by the proposing board or an affected local government, or

(b) by an electoral area director of the proposing board, if the request is supported by at least 2 other directors.

(4) Once a facilitator becomes involved under subsection (3), the proposing board and affected local governments must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.

Acceptance by affected local governments

436  (1) Before it is adopted, a regional growth strategy must be accepted by the affected local governments or, failing acceptance, become binding on the affected local governments under section 440 (6) [settlement of regional growth strategy in acceptance not otherwise reached].

(2) Acceptance of a regional growth strategy by an affected local government must be done by resolution of the local government.

(3) For the purposes of this section, before third reading of the bylaw to adopt a regional growth strategy, the board must submit the regional growth strategy to the following:

(a) the council of each municipality all or part of which is covered by the regional growth strategy;

(b) the board of directors of the South Coast British Columbia Transportation Authority if the regional growth strategy is for the Greater Vancouver Regional District;

(c) the board of each regional district that is adjoining an area to which the regional growth strategy is to apply;

(d) the facilitator or, if no facilitator for the regional growth strategy has been designated, the minister.

(4) After receiving a proposed regional growth strategy under subsection (3), each affected local government must

(a) review the regional growth strategy in the context of any official community plans and regional growth strategies for its jurisdiction, both those that are current and those that are in preparation, and in the context of any other matters that affect its jurisdiction, and

(b) subject to an extension by the facilitator under section 438 (3), within 60 days of receipt either

(i)   accept the regional growth strategy, or

(ii)   respond, by resolution, to the proposing board indicating that the local government refuses to accept the regional growth strategy.

(5) An acceptance under subsection (4) (b) becomes effective

(a) when all affected local governments have accepted the regional growth strategy, or

(b) at the end of the period for acceptance or refusal under that subsection if, at the end of that period, all affected local governments have not accepted the regional growth strategy.

(6) If an affected local government fails to act under subsection (4) (b) within the period for acceptance or refusal, the local government is deemed to have accepted the regional growth strategy.

(7) In the resolution under subsection (4) (b) (ii), the affected local government must indicate

(a) each provision to which it objects,

(b) the reasons for its objection, and

(c) whether it is willing that a provision to which it objects be included in the regional growth strategy on the basis that the provision will not apply to its jurisdiction, as referred to in section 432 (2).

(8) An affected local government is deemed to have accepted any provision of the regional growth strategy to which it does not indicate an objection under subsection (7).

(9) All affected local governments are entitled to participate in any non-binding resolution processes used to resolve an objection or anticipated objection by an affected local government.

(10) If an area in a regional district is incorporated as a new municipality and the regional district has adopted a regional growth strategy for all or part of the area of the new municipality, the regional growth strategy is binding on that new municipality.

Minor amendments to regional growth strategies

437  (1) As exceptions to the requirements of section 436 that would otherwise apply to the amendment of a regional growth strategy, a regional growth strategy may be amended

(a) in accordance with provisions under subsection (2) of this section, or

(b) if the regional growth strategy does not include provisions under subsection (2) of this section, in accordance with subsection (3) of this section.

(2) A regional growth strategy may include provisions that establish a process for minor amendments to the regional growth strategy, which must include the following:

(a) criteria for determining whether a proposed amendment is minor for the purposes of allowing the process to apply;

(b) a means for the views of affected local governments respecting a proposed minor amendment to be obtained and considered;

(c) a means for providing notice to affected local governments respecting a proposed minor amendment;

(d) procedures for adopting the minor amendment bylaw.

(3) A board may proceed with a proposed amendment to a regional growth strategy as a minor amendment in accordance with the following:

(a) the board must give notice, including notice that the proposed amendment may be determined to be a minor amendment and the date, time and place of the board meeting at which the amending bylaw is to be considered for first reading, to each affected local government at least 30 days before the meeting;

(b) before first reading of the amending bylaw, the board must allow an affected local government that is not represented on the board an opportunity to make representations to the board;

(c) if, at first reading, the amending bylaw receives an affirmative vote of all board members attending the meeting, the bylaw may be adopted in accordance with the procedures that apply to the adoption of a regional growth strategy bylaw under Division 3 [Voting and Voting Rights] of Part 6 [Regional Districts: Governance and Procedures] and the board's procedure bylaw;

(d) if, at first reading, the amending bylaw does not receive an affirmative vote of all board members attending the meeting, the bylaw may be adopted only in accordance with the procedure established by section 436 [acceptance by affected local governments required].

(4) The following may not be considered a minor amendment for the purposes of this section:

(a) an amendment to a regional growth strategy to establish or amend a process referred to in subsection (2);

(b) an amendment to anything that the minister has established or directed under section 430 (3) or (4) or the Lieutenant Governor in Council has required under section 431;

(c) an amendment to a regional growth strategy proposed as a result of a non-binding resolution process under section 439 (2) (a);

(d) a type of amendment prescribed by regulation.

Resolution of anticipated objections

438  (1) Before the end of the 60 days referred to in section 436 (4) (b) [time for acceptance or refusal], the facilitator may require the proposing board and the affected local governments to identify any issues on which they anticipate that acceptance may not be reached.

(2) If an issue is identified under subsection (1),

(a) the facilitator may require the proposing board and the affected local governments to send representatives to a meeting convened by the facilitator for the purpose of clarifying the issues involved and encouraging their resolution, and

(b) the proposing board and the affected local governments must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.

(3) For the purposes of this section, the facilitator may extend the period for acceptance or refusal under section 436 (4) (b) before or after the end of that period.

Resolution of refusal to accept

439  (1) The proposing board must notify the minister in writing if an affected local government refuses to accept a proposed regional growth strategy.

(2) After being notified under subsection (1), the minister must

(a) require a non-binding resolution process to attempt to reach acceptance on the regional growth strategy, or

(b) if satisfied that resolution using a non-binding resolution process under paragraph (a) is unlikely, direct that the regional growth strategy is to be settled under section 440.

(3) If requiring a non-binding resolution process under subsection (2) (a), the minister

(a) must, at the time of requiring the non-binding resolution process, specify a time period within which the parties must begin the resolution process, and

(b) may, before or after the resolution process has begun, specify a time period within which the parties must conclude the resolution process.

(4) The choice of non-binding resolution process under subsection (2) (a) is to be determined by agreement between the proposing board and the affected local government or governments that refused to accept the regional growth strategy but, if the minister considers that these parties will not be able to reach agreement, the minister must direct which process is to be used.

(5) Any affected local government may participate in a non-binding resolution process under this section.

(6) Unless otherwise agreed by these parties, the fees of any neutral person participating in the non-binding resolution process and the administrative costs of the process, other than the costs incurred by the parties participating in the process, are to be shared proportionally between the proposing board and the affected local governments that participate in the process on the basis of the converted value of land and improvements in their jurisdictions.

(7) An affected local government is deemed to have accepted the provisions of the regional growth strategy that were not changed as a result of a resolution process under subsection (2) (a).

(8) The following apply if changes to a regional growth strategy are proposed as a result of a resolution process under subsection (2) (a):

(a) the regional growth strategy must be submitted again to the affected local governments for acceptance, subject to paragraph (b) of this subsection, in accordance with section 436;

(b) an affected local government may not indicate an objection to a provision it is deemed to have accepted under section 436 (8) [no previous objection to provision] or subsection (7) of this section.

(9) If acceptance is not reached within 60 days after a non-binding resolution process under this section is concluded, the regional growth strategy must be settled in accordance with section 440 unless the proposing board and the affected local governments can reach agreement on the provisions of the regional growth strategy before the settlement process is completed.

Settlement of regional growth strategy if acceptance not otherwise reached

440  (1) If acceptance by affected local governments cannot otherwise be reached under this Part, the regional growth strategy is to be settled by one of the following:

(a) peer panel settlement in accordance with section 441 (1);

(b) final proposal arbitration in accordance with section 441 (2);

(c) full arbitration in accordance with section 441 (3).

(2) If more than one affected local government has refused to accept a regional growth strategy, whether the refusals are in relation to the same or different issues, the regional growth strategy is to be settled for all affected local governments in the same settlement proceedings.

(3) The choice of process for settlement is to be determined by agreement between the proposing board and the affected local government or governments that refused to accept the regional growth strategy but, if the minister considers that these parties will not be able to reach agreement, the minister must direct which process is to be used.

(4) Any affected local government may participate in a settlement process under section 441.

(5) During the 60 days after the provisions of a regional growth strategy are settled under section 441, the proposing board and the affected local governments may agree on the acceptance of a regional growth strategy that differs from the one settled.

(6) At the end of the period under subsection (5), unless agreement is reached as referred to in that subsection, the provisions of a regional growth strategy as settled under section 441 become binding on the proposing board and all affected local governments, whether or not they participated in the settlement process.

Options for settlement process

441  (1) As one option, the provisions of a regional growth strategy may be settled by a peer panel as follows:

(a) the panel is to be composed of 3 persons selected from the applicable list prepared under section 442 (1);

(b) the selection of the panel is to be done by agreement between the proposing board and the affected local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;

(c) subject to the regulations, the panel may conduct the proceedings in the manner it determines;

(d) the panel must settle the disputed issues of the regional growth strategy and may make any changes to the provisions of the regional growth strategy that it considers necessary to resolve those issues;

(e) the panel must give written reasons for its decision if this is requested by the proposing board or an affected local government before the panel retires to make its decision.

(2) As a second option, the provisions of a regional growth strategy may be settled by final proposal arbitration by a single arbitrator as follows:

(a) the arbitrator is to be selected from the applicable list prepared under section 442 (1);

(b) the selection of the arbitrator is to be done by agreement between the proposing board and the affected local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;

(c) subject to the regulations, the arbitrator must conduct the proceedings on the basis of a review of written documents and written submissions only, and must determine each disputed issue by selecting one of the final written proposals for resolving that issue submitted by one of the participating parties;

(d) the provisions of the regional growth strategy will be as settled by the arbitrator after incorporation of the final proposals selected by the arbitrator under paragraph (c);

(e) no written reasons are to be provided by the arbitrator.

(3) As a third option, the provisions of a regional growth strategy may be settled by full arbitration by a single arbitrator as follows:

(a) the arbitrator is to be selected from the applicable list prepared under section 442 (1);

(b) the selection of the arbitrator is to be done by agreement between the proposing board and the affected local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;

(c) subject to the regulations, the arbitrator may conduct the proceedings in the manner he or she determines;

(d) the provisions of the regional growth strategy will be as settled by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues;

(e) the arbitrator must give written reasons for the decision.

General provisions regarding settlement process

442  (1) Lists of persons who may act on a panel under section 441 (1), as an arbitrator under section 441 (2) or as an arbitrator under section 441 (3) are to be prepared by the minister in consultation with representatives of the Union of British Columbia Municipalities.

(2) Persons who may be included on a list for a panel under section 441 (1) are persons who are or have been elected officials of a local government or who, in the opinion of the minister, have appropriate experience in relation to local government matters.

(3) In the case of a specific regional growth strategy, a person may not be appointed to a panel or as an arbitrator if the person is, or was at any time since the regional growth strategy was initiated, an elected official of the proposing board or of an affected local government for the regional growth strategy.

(4) Subject to a direction by the panel or arbitrator or to an agreement between the parties, the fees and reasonable and necessary expenses of the members of a peer panel or arbitrator and the administrative costs of the process, other than the costs incurred by the parties participating in the process, are to be shared proportionally between the proposing board and the affected local governments that participate in the process on the basis of the converted value of land and improvements in their jurisdictions.

(5) The directors of the electoral areas to which the regional growth strategy is proposed to apply and the Provincial government may make representations in the settlement process, subject to any conditions set by the panel or arbitrator.

(6) The time limit for bringing any judicial review of a decision of a panel or arbitrator under section 441 is the end of the period for agreement under section 440 (5) [60 days after provisions settled by panel or arbitrator].

(7) The minister may make regulations regarding settlement processes under section 441, which may be different for different settlement processes, including regulations

(a) respecting matters that a panel or arbitrator may or must consider,

(b) respecting the authority of a panel or arbitrator to settle a regional growth strategy, and

(c) respecting the authority of a panel or arbitrator to require the cooperation of local governments in relation to the settlement processes.

Adoption of regional growth strategy

443  (1) A regional growth strategy must be adopted by bylaw.

(2) As soon as practicable after adopting a regional growth strategy, the board must send a copy of the regional growth strategy to

(a) the affected local governments,

(b) any greater boards and improvement districts within the regional district, and

(c) the minister.

Requirement to adopt finalized regional growth strategy

444  (1) If a proposed regional growth strategy has been accepted by the affected local governments or has become binding under section 440 (6), but has not been adopted by the proposing board, on the recommendation of the minister, the Lieutenant Governor in Council may, by order, specify a time period within which the board must adopt the regional growth strategy.

(2) If the board does not adopt the regional growth strategy within the time period specified under subsection (1), the Lieutenant Governor in Council may, by order, deem the regional growth strategy to have been adopted by the board, in which case it applies as if it had been adopted by a valid bylaw of the board.

Division 4 — Effect of Regional Growth Strategy

Regional district must conform with regional growth strategy

445  (1) All bylaws adopted by a regional district board after the board has adopted a regional growth strategy, and all services undertaken by a regional district after the board has adopted a regional growth strategy, must be consistent with the regional growth strategy.

(2) All bylaws adopted by a greater board or an improvement district board after the adoption of a regional growth strategy applicable to its jurisdiction, and all works and services provided by a greater board or an improvement district board after the adoption of a regional growth strategy applicable to its jurisdiction, must be consistent with the regional growth strategy.

(3) A regional growth strategy does not commit or authorize a regional district, municipality, greater board or improvement district to proceed with any project that is specified in the regional growth strategy.

Division 5 — Regional Context Statements

Requirement for regional context statements in municipal official community plans

446  (1) If a regional growth strategy applies to all or part of the same area of a municipality as an official community plan, the official community plan must include a regional context statement that is accepted in accordance with this Division by the board of the regional district for which the regional growth strategy is adopted.

(2) After a regional growth strategy is adopted, the requirement under subsection (1) must be fulfilled by the applicable council submitting a proposed regional context statement to the board within 2 years after the regional growth strategy is adopted.

(3) If a regional growth strategy is binding on a new municipality under section 436 (10) [municipal corporation within regional district area] and the regional growth strategy applies to all or part of the same area of the municipality as an official community plan, the requirement under subsection (1) of this section must be fulfilled by the council submitting a proposed regional context statement to the board within the earlier of the following:

(a) the period established by the Lieutenant Governor in Council by letters patent;

(b) 2 years after the municipality was incorporated.

Content of regional context statement

447  (1) A regional context statement must specifically identify

(a) the relationship between the official community plan and the matters referred to in section 429 (2) [required content for regional growth strategy] and any other regional matters included under section 429 (3) [additional content], and

(b) if applicable, how the official community plan is to be made consistent with the regional growth strategy over time.

(2) A regional context statement and the rest of the official community plan must be consistent.

Board acceptance of proposed regional context statement

448  (1) The council must

(a) submit a proposed regional context statement required under this Division for acceptance by the board,

(b) submit any amendments to the regional context statement for acceptance by the board, and

(c) review the regional context statement at least once every 5 years after its latest acceptance by the board and, if no amendment is proposed, submit the statement to the board for its continued acceptance.

(2) For the purpose of subsection (1), the board must respond by resolution within 120 days after receipt indicating whether or not it accepts the regional context statement or amendment and, if the board refuses to accept the regional context statement or amendment, indicating

(a) each provision to which it objects, and

(b) the reasons for its objection.

(3) If the board fails to act under subsection (2) within the period for acceptance or refusal under that subsection, the board is deemed to have accepted the regional context statement or amendment.

Settlement of proposed regional context statement

449  The following sections, as they apply to acceptance of a regional growth strategy by an affected local government and adoption by the regional district board, apply to the acceptance of a regional context statement by the board and adoption by the municipal council:

(a) section 435 [facilitation of agreement];

(b) section 438 [resolution of anticipated objections];

(c) section 439 [resolution of refusal to accept];

(d) section 440 [settlement of regional growth strategy];

(e) section 441 [options for settlement process];

(f) section 442 [general provisions regarding settlement process];

(g) section 444 [requirement to adopt finalized regional growth strategy].

Division 6 — General

Intergovernmental advisory committees

450  (1) A board

(a) may establish an intergovernmental advisory committee for its regional district,

(b) must establish an intergovernmental advisory committee for its regional district when a regional growth strategy is initiated, and

(c) must establish an intergovernmental advisory committee for its regional district if

(i)   there is a proposed amendment to the regional growth strategy, except in relation to an amendment under section 437 [minor amendments to regional growth strategies], and

(ii)   the committee established under paragraph (a) or (b) of this subsection no longer exists.

(2) The role of an intergovernmental advisory committee is

(a) to advise the applicable local governments on the development and implementation of the regional growth strategy, and

(b) to facilitate coordination of Provincial and local government actions, policies and programs as they relate to the development and implementation of the regional growth strategy.

(3) The membership of an intergovernmental advisory committee is to include the following:

(a) the planning director of the regional district, or another official appointed by the board;

(b) the planning director, or another official appointed by the applicable council, of each municipality all or part of which is covered by the regional growth strategy;

(c) for the purposes of an intergovernmental advisory committee established in the Greater Vancouver Regional District, the planning director of the South Coast British Columbia Transportation Authority or another official appointed by the board of directors of that authority;

(d) senior representatives of the Provincial government and Provincial government agencies and corporations, determined by the minister after consultation with the board;

(e) representatives of other authorities and organizations if invited to participate by the board.

Implementation agreements

451  (1) Without limiting section 263 [regional district corporate powers] of this Act or section 8 (1) [natural person powers of municipalities] of the Community Charter, a local government may enter into agreements respecting the coordination of activities relating to the implementation of a regional growth strategy.

(2) For the purposes of this section, the Provincial government may enter into agreements under subsection (1) respecting Provincial commitments to act consistently with a regional growth strategy and to take actions necessary to implement a regional growth strategy.

(3) In addition to agreements with the Provincial government and its agencies, agreements under subsection (1) may be made with the federal government and its agencies, other local governments, first nations, boards of education, greater boards, the South Coast British Columbia Transportation Authority, improvement district boards and other local authorities.

Regular reports and review of regional growth strategy

452  (1) A regional district that has adopted a regional growth strategy must

(a) establish a program to monitor its implementation and the progress made towards its objectives and actions, and

(b) prepare an annual report on that implementation and progress.

(2) At least once every 5 years, a regional district that has adopted a regional growth strategy must consider whether the regional growth strategy must be reviewed for possible amendment.

(3) For the purposes of subsection (2), the regional district must provide an opportunity for input on the need for review from the persons, organizations and authorities referred to in section 434 (2) [required consultations during development of regional growth strategy].

Provincial policy guidelines

453  (1) The minister may establish policy guidelines regarding the process of developing and adopting regional growth strategies.

(2) The minister, or the minister together with other ministers, may establish policy guidelines regarding the content of regional growth strategies.

(3) Guidelines under subsection (1) or (2) may be established only after consultation by the minister with representatives of the Union of British Columbia Municipalities.

Minister may require official community plans and land use bylaws

454  After a regional growth strategy has been adopted, the minister may require a municipality or regional district to adopt, within a time period specified by the minister, an official community plan, a zoning bylaw or a subdivision servicing bylaw for an area that is covered by the regional growth strategy and to which no such plan or bylaw currently applies.

Part 14 — Planning and Land Use Management

Division 1 — General

Definitions in relation to this Part

455  In this Part:

"adopt", in relation to a bylaw or an official community plan, includes an amendment or repeal;

"agricultural land" has the same meaning as in the Agricultural Land Commission Act;

"Agricultural Land Commission" means the Provincial Agricultural Land Commission established under section 4 of the Agricultural Land Commission Act;

"board of variance" means a board of variance established under Division 15 of this Part;

"density", in relation to land, a parcel of land or an area, means

(a) the density of use of the land, parcel or area, or

(b) the density of use of any buildings and other structures located on the land or parcel, or in the area;

"development cost charge" means a charge imposed by a development cost charge bylaw;

"development cost charge bylaw" means a bylaw under section 559 (1);

"development permit" means a permit under section 490 [development permit for subdivision, construction and other activities];

"development variance permit" means a permit under section 498;

"farm business" has the same meaning as in the Farm Practices Protection (Right to Farm) Act;

"farm operation" has the same meaning as in the Farm Practices Protection (Right to Farm) Act;

"farmer" has the same meaning as in the Farm Practices Protection (Right to Farm) Act;

"farming area" means an area of land

(a) that is in an agricultural land reserve as defined in the Agricultural Land Commission Act,

(b) that is designated as a farming area under the Farm Practices Protection (Right to Farm) Act, or

(c) in relation to which a person holds a valid and subsisting licence under the Fisheries Act to carry on the business of aquaculture;

"land use permit" means a development permit, a temporary use permit, a development variance permit or a permit under Division 10 [Other Permits and Permit Matters] of this Part;

"land use regulation bylaw" means a bylaw under any of the following Divisions of this Part:

(a) Division 5 [Zoning Bylaws];

(b) Division 12 [Phased Development Agreements];

(c) Division 13 [Other Land Use Regulation Powers];

"phased development agreement" means a phased development agreement under section 516;

"subdivision" means

(a) a subdivision as defined in the Land Title Act, and

(b) a subdivision under the Strata Property Act;

"temporary use permit" means a permit under section 493.

Area of authority for municipalities and regional districts

456  Unless express authority is given by another provision of this Part,

(a) the authority of a municipality under this Part is limited to the municipality, and

(b) the authority of a regional district under this Part is limited to that part of the regional district that is not in a municipality.

Rural land use bylaws

457  (1) A rural land use bylaw adopted under section 886 of the Local Government Act, R.S.B.C. 1996, c. 323, before that section was repealed by the Local Government Statutes Amendment Act, 2000, is deemed to be a general bylaw under section 138 [municipal codes and other general bylaws] of the Community Charter.

(2) The provisions of a rural land use bylaw are deemed to be provisions of an official community plan, zoning bylaw or subdivision servicing bylaw, as applicable depending on their nature, included in a general bylaw.

(3) Section 472 (2) (a) [official community plan to be included as schedule to adopting bylaw] does not apply to a rural land use bylaw.

Limit on compensation

458  (1) Compensation is not payable to any person for any reduction in the value of that person's interest in land, or for any loss or damages that result from any of the following:

(a) the adoption of an official community plan;

(b) the adoption of a bylaw under

(i)   Division 5 [Zoning Bylaws],

(ii)   Division 12 [Phased Development Agreements], or

(iii)   Division 13 [Other Land Use Regulation Powers];

(c) the issue of a land use permit;

(d) the termination of a land use contract under section 547 [termination of all remaining land use contracts in 2024];

(e) the adoption of a bylaw under section 548 [process for early termination of land use contract].

(2) Subsection (1) does not apply in relation to a bylaw referred to in paragraph (b) of that subsection that restricts the use of land to a public use.

Division 2 — Responsibilities, Procedures and Authorities

Information that must be available to the public

459  (1) A local government must maintain a current list of the following:

(a) every bylaw in effect under this Part or Part 15 [Heritage Conservation] and a general description of the purpose of the bylaw;

(b) every bylaw under this Part or Part 15 that has been given first reading, a general description of the bylaw and its current status;

(c) every permit issued under this Part or Part 15.

(2) A list under subsection (1) must be available for public inspection at the local government offices during their regular office hours.

(3) Non-compliance with subsection (1) or (2), or any inaccuracy in a list, does not affect the validity of a bylaw or permit referred to in subsection (1).

Development approval procedures

460  (1) A local government that has adopted an official community plan bylaw or a zoning bylaw must, by bylaw, define procedures under which an owner of land may apply for

(a) an amendment to the plan or bylaw, or

(b) the issue of a permit under this Part.

(2) A local government must consider every application for

(a) an amendment referred to in subsection (1) (a), or

(b) the issue of a permit referred to in subsection (1) (b) that requires a resolution of the council or board.

(3) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the local government members eligible to vote on the reapplication.

Advisory planning commission

461  (1) A council may, by bylaw, establish an advisory planning commission to advise council on all matters respecting land use, community planning or proposed bylaws and permits under Divisions 4 to 14 of this Part and section 546 that are referred to the commission by the council.

(2) A board may, by bylaw, establish an advisory planning commission for one or more electoral areas or portions of an electoral area to advise the board, or a regional district director representing the electoral area, on all matters referred to the commission by the board or by that director respecting land use, the preparation and adoption of an official community plan or a proposed bylaw or permit that may be enacted or issued under this Part.

(3) The bylaw establishing an advisory planning commission must provide for

(a) the composition of and the manner of appointing members to the commission,

(b) the procedures governing the conduct of the commission, and

(c) the referral of matters to the commission.

(4) At least 2/3 of the members of an advisory planning commission must be residents of the municipality or the electoral area.

(5) The following are not eligible to be a member of an advisory planning commission, but may attend a meeting of the commission in a resource capacity:

(a) a council member;

(b) a regional district director;

(c) an employee or officer of the local government;

(d) an approving officer.

(6) The members of an advisory planning commission must serve without remuneration, but may be paid reasonable and necessary expenses that arise directly out of the performance of their duties.

(7) If an advisory planning commission is established, minutes of all of its meetings must be kept and, on request, made available to the public.

(8) If an advisory planning commission is considering

(a) an amendment to an official community plan or a bylaw, or

(b) the issue of a permit,

the applicant for the amendment or permit is entitled to attend meetings of the commission and be heard.

Fees related to applications and inspections

462  (1) A local government may, by bylaw, impose one or more of the following types of fees:

(a) application fees for an application to initiate changes to the provisions of

(i)   an official community plan or bylaw under Division 4 [Official Community Plans] of this Part,

(ii)   a land use regulation bylaw,

(iii)   a bylaw under Division 11 [Subdivision and Development: Requirements and Related Matters] of this Part, or

(iv)   a bylaw under Part 15 [Heritage Conservation];

(b) application fees for the issue of

(i)   a land use permit under this Part, or

(ii)   a heritage alteration permit under section 617;

(c) application fees for an amendment to

(i)   a land use contract under section 546 [amendment and discharge of land use contract by agreement], or

(ii)   a heritage revitalization agreement under section 610;

(d) application fees for an application to a board of variance;

(e) fees to cover the costs of administering and inspecting works and services under this Part that are costs additional to those related to fees under paragraphs (a) to (d);

(f) subdivision application fees, which may vary with the number, size and type of parcels involved in a proposed subdivision.

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

(3) The minister may make regulations

(a) that the minister considers necessary or advisable respecting the imposition of fees under subsection (1), and

(b) prescribing fees for applications referred to in subsection (1) (f).

(4) A regulation under subsection (3) prevails over a bylaw under subsection (1) to the extent of any conflict.

(5) No other fee, charge or tax may be imposed in addition to a fee under subsection (1) as a condition of the matter referred to in that subsection to which the fee relates.

(6) A local government, the City of Vancouver or an approving officer must not do either of the following unless authorized by this Act, by another Act or by a bylaw made under the authority of this Act or another Act:

(a) impose a fee, charge or tax;

(b) require a work or service to be provided.

Withholding building permits and business licences that conflict with bylaws in preparation

463  (1) A local government may direct that a building permit be withheld for a period of 30 days, beginning on the day the application for the permit was made, if it passes a resolution identifying what it considers to be a conflict between a development proposed in the application for a building permit and

(a) an official community plan that is under preparation, or

(b) a bylaw, under any of the following, that is under preparation:

(i)   Division 5 [Zoning Bylaws];

(ii)   Division 12 [Phased Development Agreements];

(iii)   section 523 [runoff control requirements];

(iv)   section 524 [requirements in relation to flood plain areas];

(v)   section 525 [off-street parking and loading space requirements].

(2) Subsection (1) does not apply unless a local government has, by resolution at least 7 days before the application for a building permit, begun the preparation of a plan or bylaw that is in conflict with the application.

(3) During the 30 day period referred to in subsection (1), the local government must consider the application for the permit and may

(a) direct the permit be withheld for a further 60 days, or

(b) grant the permit, but impose conditions in it that would be in the public interest, having regard to the plan or bylaw that is under preparation.

(4) If the local government does not adopt a plan or bylaw referred to in subsection (1) within the 60 day period, the owners of the land for which a building permit was withheld under this section are entitled to compensation for damages arising from the withholding of the building permit.

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

(a) Division 7 [Expropriation and Compensation] of Part 8 [Regional Districts: General Powers and Responsibilities] of this Act applies in relation to a regional district, and

(b) Division 4 [Expropriation and Compensation] of Part 3 [Additional Powers and Limits on Powers] of the Community Charter applies in relation to a municipality.

(6) In relation to land that is subject to a resolution under subsection (1), the council may direct that a business licence in respect of the same land be withheld for a period not longer than 90 days, if the council considers that the use to which the land would be put and to which the business licence application relates would be contrary to the use that would be permitted by the bylaw that is under preparation.

(7) Any requirement to approve a permit or licence under this section is subject to section 557 [Environmental Management Act requirements].

Division 3 — Public Hearings on Planning and Land Use Bylaws

Requirement for public hearing before adopting bylaw

464  (1) Subject to subsection (2), a local government must not adopt

(a) an official community plan bylaw,

(b) a zoning bylaw, or

(c) a bylaw under section 548 [early termination of land use contracts]

without holding a public hearing on the bylaw for the purpose of allowing the public to make representations to the local government respecting matters contained in the proposed bylaw.

(2) A local government may waive the holding of a public hearing on a proposed zoning bylaw if

(a) an official community plan is in effect for the area that is subject to the zoning bylaw, and

(b) the bylaw is consistent with the official community plan.

Public hearing procedures

465  (1) A public hearing under section 464 (1) must be held after first reading of the bylaw and before third reading.

(2) At the public hearing, all persons who believe that their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw that is the subject of the hearing.

(3) Subject to subsection (2), the chair of the public hearing may establish procedural rules for the conduct of the hearing.

(4) More than one bylaw may be considered at a public hearing and more than one bylaw may be included in a notice of public hearing.

(5) A written report of each public hearing, containing a summary of the nature of the representations respecting the bylaw that were made at the hearing, must be prepared and maintained as a public record.

(6) A report under subsection (5) must be certified as being fair and accurate by the person preparing the report and, if applicable, by the person to whom the hearing was delegated under section 469.

(7) A public hearing may be adjourned and no further notice of the hearing is necessary if the time and place for the resumption of the hearing are stated to those present at the time the hearing is adjourned.

Notice of public hearing

466  (1) If a public hearing is to be held under section 464 (1), the local government must give notice of the hearing

(a) in accordance with this section, and

(b) in the case of a public hearing on an official community plan that includes a schedule under section 614 (3) (b) [designation of heritage conservation area], in accordance with section 592 [giving notice to owners and occupiers].

(2) The notice must state the following:

(a) the time and date of the hearing;

(b) the place of the hearing;

(c) in general terms, the purpose of the bylaw;

(d) the land or lands that are the subject of the bylaw;

(e) the place where and the times and dates when copies of the bylaw may be inspected.

(3) The notice must be published in at least 2 consecutive issues of a newspaper, the last publication to appear not less than 3 days and not more than 10 days before the public hearing.

(4) If the bylaw in relation to which the notice is given alters the permitted use or density of any area, the notice must

(a) subject to subsection (6), include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads if applicable, and

(b) be mailed or otherwise delivered at least 10 days before the public hearing

(i)   to the owners, as shown on the assessment roll as at the date of the first reading of the bylaw, and

(ii)   to any tenants in occupation, as at the date of the mailing or delivery of the notice,

of all parcels, any part of which is the subject of the bylaw alteration or is within a distance specified by bylaw from that part of the area that is subject to the bylaw alteration.

(5) If the bylaw in relation to which the notice is given is a bylaw under section 548 [early termination of land use contracts], the notice must

(a) subject to subsection (6), include a sketch that shows the area subject to the land use contract that the bylaw will terminate, including the name of adjoining roads if applicable, and

(b) be mailed or otherwise delivered at least 10 days before the public hearing

(i)   to the owners, as shown on the assessment roll as at the date of the first reading of the bylaw, and

(ii)   to any tenants in occupation, as at the date of the mailing or delivery of the notice,

of all parcels, any part of which is subject to the land use contract that the bylaw will terminate or is within a distance specified by bylaw from that part of the area that is subject to that land use contract.

(6) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner.

(7) Subsection (4) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration.

(8) The obligation to deliver a notice under subsection (4) or (5) is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Notice if public hearing waived

467  (1) If a local government waives the holding of a public hearing under section 464 (2) [waiver for certain zoning bylaws], it must give notice in accordance with this section.

(2) The notice must state

(a) in general terms, the purpose of the zoning bylaw,

(b) the land or lands that are the subject of the bylaw, and

(c) the place where and the times and dates when copies of the bylaw may be inspected.

(3) Section 466 (3), (4) and (6) to (8) applies to a notice under subsection (2) of this section, except that

(a) the last publication under section 466 (3) is to be not less than 3 days and not more than 10 days before the bylaw is given third reading, and

(b) the delivery under section 466 (4) (b) is to be at least 10 days before the bylaw is given third reading.

Posted notices respecting proposed bylaws

468  (1) In respect of public hearings being held under section 464 (1) or waived under section 464 (2), a local government may, by bylaw,

(a) require the posting of a notice on land that is the subject of a bylaw, and

(b) specify the size, form and content of the notice and the manner in which and the locations where it must be posted.

(2) Specifications under subsection (1) (b) may be different for different areas, zones, uses within a zone and parcel sizes.

Delegation of public hearings

469  (1) If a local government makes a delegation in relation to one or more public hearings,

(a) that delegation does not apply to a hearing unless the notice of hearing under section 466 includes notice that the hearing is to be held by a delegate, and

(b) the resolution or bylaw making the delegation must be available for public inspection along with copies of the bylaw referred to in section 466 (2) (e).

(2) If the holding of a public hearing is delegated, the local government must not adopt the bylaw that is the subject of the hearing until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing.

Procedure after public hearing

470  (1) After a public hearing, the council or board may, without further notice or hearing,

(a) adopt or defeat the bylaw, or

(b) alter and then adopt the bylaw, provided that the alteration does not

(i)   alter the use,

(ii)   increase the density, or

(iii)   without the owner's consent, decrease the density

of any area from that originally specified in the bylaw.

(2) A member of a council or board who

(a) is entitled to vote on a bylaw that was the subject of a public hearing, and

(b) was not present at the public hearing

may vote on the adoption of the bylaw if an oral or written report of the public hearing has been given to the member in accordance with subsection (3).

(3) The report referred to in subsection (2) must be given to the member by

(a) an officer or employee of the local government, or

(b) if applicable, the delegate who conducted the public hearing.

(4) After a public hearing under section 464 (1) or third reading following notice under section 467 [notice if public hearing waived], a court must not quash or declare invalid the bylaw on the grounds that an owner or occupier

(a) did not see or receive the notice under section 466 or 467, if the court is satisfied that there was a reasonable effort to mail or otherwise deliver the notice, or

(b) who attended the public hearing or who can otherwise be shown to have been aware of the hearing, did not see or receive the notice, and was not prejudiced by not seeing or receiving it.

Division 4 — Official Community Plans

Purposes of official community plan

471  (1) An official community plan is a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan, respecting the purposes of local government.

(2) To the extent that it deals with these matters, an official community plan should work towards the purpose and goals referred to in section 428 [purpose of regional growth strategy].

Bylaw to adopt official community plan

472  (1) A local government may, by bylaw, adopt one or more official community plans.

(2) An official community plan

(a) must be included in the adopting bylaw as a schedule, and

(b) must designate the area covered by the plan.

Content and process requirements

473  (1) An official community plan must include statements and map designations for the area covered by the plan respecting the following:

(a) the approximate location, amount, type and density of residential development required to meet anticipated housing needs over a period of at least 5 years;

(b) the approximate location, amount and type of present and proposed commercial, industrial, institutional, agricultural, recreational and public utility land uses;

(c) the approximate location and area of sand and gravel deposits that are suitable for future sand and gravel extraction;

(d) restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development;

(e) the approximate location and phasing of any major road, sewer and water systems;

(f) the approximate location and type of present and proposed public facilities, including schools, parks and waste treatment and disposal sites;

(g) other matters that may, in respect of any plan, be required or authorized by the minister.

(2) An official community plan must include housing policies of the local government respecting affordable housing, rental housing and special needs housing.

(3) An official community plan must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the local government proposed with respect to achieving those targets.

(4) In developing an official community plan, the local government must consider any applicable guidelines under section 582 [provincial policy guidelines].

Policy statements that may be included

474  (1) An official community plan may include the following:

(a) policies of the local government relating to social needs, social well-being and social development;

(b) a regional context statement, consistent with the rest of the plan, of how matters referred to in section 429 (2) (a) to (c) [required content for regional growth strategy], and other matters dealt with in the plan, apply in a regional context;

(c) policies of the local government respecting the maintenance and enhancement of farming on land in a farming area or in an area designated for agricultural use in the plan;

(d) policies of the local government relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity.

(2) If a local government proposes to include a matter in an official community plan, the regulation of which is not within the jurisdiction of the local government, the plan may state only the broad objective of the local government with respect to that matter unless the minister has, under section 473 (1) (g), required or authorized the local government to state a policy with respect to that matter.

Consultation during development of official community plan

475  (1) During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected.

(2) For the purposes of subsection (1), the local government must

(a) consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing, and

(b) specifically consider whether consultation is required with the following:

(i)   the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan;

(ii)   the board of any regional district that is adjacent to the area covered by the plan;

(iii)   the council of any municipality that is adjacent to the area covered by the plan;

(iv)   first nations;

(v)   boards of education, greater boards and improvement district boards;

(vi)   the Provincial and federal governments and their agencies.

(3) Consultation under this section is in addition to the public hearing required under section 477 (3) (c).

(4) If the development of an official community plan, or the repeal or amendment of an official community plan, might affect agricultural land, the proposing local government must consult with the Agricultural Land Commission.

Consultation on planning for school facilities

476  (1) If a local government has adopted, or proposes to adopt or amend, an official community plan for an area that includes the whole or any part of one or more school districts, the local government must consult with the boards of education for those school districts

(a) at the time of preparing or amending the official community plan, and

(b) in any event, at least once in each calendar year.

(2) For consultation under subsection (1), the local government must seek the input of the boards of education on the following:

(a) the actual and anticipated needs for school facilities and support services in the school districts;

(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a);

(c) the type of school anticipated to be required on the sites referred to in paragraph (b);

(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required;

(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.

Adoption procedures for official community plan

477  (1) An official community plan must be adopted by bylaw in accordance with this section.

(2) Each reading of a bylaw under subsection (1) must receive,

(a) in the case of a municipal bylaw, an affirmative vote of a majority of all council members, and

(b) in the case of a regional district bylaw, an affirmative vote of a majority of all directors entitled under Division 3 [Voting and Voting Rights] of Part 6 [Regional Districts: Governance and Procedures] to vote on the bylaw.

(3) After first reading of a bylaw under subsection (1), the local government must do the following in the indicated order:

(a) first, consider the proposed official community plan in conjunction with

(i)   its financial plan, and

(ii)   any waste management plan under Part 3 [Municipal Waste Management] of the Environmental Management Act that is applicable in the municipality or regional district;

(b) next, if the proposed official community plan applies to land in an agricultural land reserve established under the Agricultural Land Commission Act, refer the plan to the Provincial Agricultural Land Commission for comment;

(c) next, hold a public hearing on the proposed official community plan in accordance with Division 3 [Public Hearings on Planning and Land Use Bylaws] of this Part.

(4) In addition to the requirements under subsection (3), a local government may consider a proposed official community plan in conjunction with any other land use planning and with any social, economic, environmental or other community planning and policies that the local government considers relevant.

(5) The minister may make regulations in relation to subsection (3) (b)

(a) defining areas for which and describing circumstances in which referral to the Agricultural Land Commission under that subsection is not required, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by the minister.

(6) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a council may adopt an official community plan at the same meeting at which the plan passed third reading.

Effect of official community plan

478  (1) An official community plan does not commit or authorize a municipality, regional district or improvement district to proceed with any project that is specified in the plan.

(2) All bylaws enacted or works undertaken by a council, board or greater board, or by the trustees of an improvement district, after the adoption of

(a) an official community plan, or

(b) an official community plan under section 711 of the Municipal Act, R.S.B.C. 1979, c. 290, or an official settlement plan under section 809 of that Act, before the repeal of those sections became effective,

must be consistent with the relevant plan.

Division 5 — Zoning Bylaws

Zoning bylaws

479  (1) A local government may, by bylaw, do one or more of the following:

(a) divide the whole or part of the municipality or regional district into zones, name each zone and establish the boundaries of the zones;

(b) limit the vertical extent of a zone and provide other zones above or below it;

(c) regulate the following within a zone:

(i)   the use of land, buildings and other structures;

(ii)   the density of the use of land, buildings and other structures;

(iii)   the siting, size and dimensions of

(A) buildings and other structures, and

(B) uses that are permitted on the land;

(iv)   the location of uses on the land and within buildings and other structures;

(d) regulate the shape, dimensions and area, including the establishment of minimum and maximum sizes, of all parcels of land that may be created by subdivision.

(2) The authority under subsection (1) may be exercised by incorporating in the bylaw maps, plans, tables or other graphic material.

(3) The power to regulate under subsection (1) includes the power to prohibit any use or uses in a zone.

(4) A bylaw under this section may make different provisions for one or more of the following:

(a) different zones;

(b) different uses within a zone;

(c) different locations within a zone;

(d) different standards of works and services provided;

(e) different siting circumstances;

(f) different protected heritage properties.

(5) In addition to the authority under subsection (4),

(a) provisions under subsection (1) (d) may be different for different areas, and

(b) the boundaries of those areas need not be the same as the boundaries of zones created under subsection (1) (a).

Adoption of municipal zoning bylaw

480  Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a council may adopt a zoning bylaw at the same meeting at which the bylaw passed third reading.

Restrictions on zoning authority in relation to farming

481  (1) This section does not apply unless a regulation under section 553 [authority and restrictions apply as declared by regulation] declares that it applies.

(2) Despite section 479 [zoning bylaws] but subject to this section, a local government must not exercise the powers under that section to prohibit or restrict the use of land for a farm business in a farming area unless the local government receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.

(3) The minister referred to in subsection (2) may make regulations

(a) defining areas for which and describing circumstances in which approval under that subsection is not required, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by that minister.

(4) Regulations under subsection (3) may be different for different regional districts, different municipalities, different areas and different circumstances.

Density benefits for amenities, affordable housing and special needs housing

482  (1) A zoning bylaw may

(a) establish different density rules for a zone, one generally applicable for the zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and

(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).

(2) The following are conditions that may be included under subsection (1) (b):

(a) conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;

(b) conditions relating to the provision of affordable and special needs housing, as such housing is defined in the bylaw, including the number, kind and extent of the housing;

(c) a condition that the owner enter into a housing agreement under section 483 before a building permit is issued in relation to property to which the condition applies.

(3) A zoning bylaw may designate an area within a zone for affordable or special needs housing, as such housing is defined in the bylaw, if the owners of the property covered by the designation consent to the designation.

Housing agreements for affordable housing and special needs housing

483  (1) A local government may, by bylaw, enter into a housing agreement under this section.

(2) A housing agreement may include terms and conditions agreed to by the local government and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:

(a) the form of tenure of the housing units;

(b) the availability of the housing units to classes of persons identified in the agreement or the bylaw under subsection (1) for the agreement;

(c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);

(d) rents and lease, sale or share prices that may be charged, and the rates at which these may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.

(3) A housing agreement may not vary the use or density from that permitted in the applicable zoning bylaw.

(4) A housing agreement may be amended only by bylaw adopted with the consent of the owner.

(5) If a housing agreement is entered into or amended, the local government must file in the land title office a notice that the land described in the notice is subject to the housing agreement.

(6) Once a notice is filed under subsection (5), the housing agreement and, if applicable, the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement, as amended if applicable.

(7) On filing under subsection (5), the registrar of land titles must make a note of the filing against the title to the land affected.

(8) In the event of any omission, mistake or misfeasance by the registrar of land titles or the staff of the registrar in relation to the making of a note of the filing under subsection (7),

(a) neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,

(b) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 of the Land Title Act, and

(c) neither the assurance fund nor the minister charged with the administration of the Land Title Act, as a nominal defendant, is liable under Part 20 of the Land Title Act.

(9) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees.

Division 6 — Development Approval Information Requirements

Development approval information

484  For the purposes of this Division, "development approval information" means information on the anticipated impact of a proposed activity or development on the community, including, without limiting this, information regarding impact on such matters as the following:

(a) transportation patterns including traffic flow;

(b) local infrastructure;

(c) public facilities including schools and parks;

(d) community services;

(e) the natural environment of the area affected.

Development approval information areas or circumstances

485  (1) An official community plan may do one or more of the following for the purposes of this Division:

(a) specify circumstances in which development approval information may be required under this Division;

(b) designate areas for which development approval information may be required under this Division;

(c) designate areas for which, in specified circumstances, development approval information may be required under this Division.

(2) An official community plan that specifies circumstances or designates areas under subsection (1) must describe the special conditions or objectives that justify the specification or designation.

Bylaw authority in relation to development approval information

486  (1) If an official community plan includes a provision under section 485 (1), the local government must, by bylaw, establish procedures and policies on the process for requiring development approval information under this Division and the substance of the information that may be required.

(2) A bylaw under subsection (1) may authorize an officer or employee to require development approval information under this Division.

(3) A bylaw under subsection (1) that authorizes an officer or employee to require development approval information under this Division must establish procedures regarding applying for and dealing with a reconsideration under section 487 (4).

Requirement to provide development approval information

487  (1) Subject to subsection (3), if a bylaw under section 486 is adopted, the local government or an officer or employee authorized by the bylaw may require an applicant for any of the following to provide development approval information to the local government:

(a) an amendment to a zoning bylaw;

(b) a development permit;

(c) a temporary use permit.

(2) Development approval information required under subsection (1) must be provided at the applicant's expense and in accordance with the procedures and policies established under section 486 (1).

(3) Development approval information is not required under this Division if the proposed activity or development is a reviewable project as defined in section 1 of the Environmental Assessment Act.

(4) An applicant subject to a decision of an officer or employee under section 486 (2) is entitled to have the local government reconsider the matter without charge.

Division 7 — Development Permits

Designation of development permit areas

488  (1) An official community plan may designate development permit areas for one or more of the following purposes:

(a) protection of the natural environment, its ecosystems and biological diversity;

(b) protection of development from hazardous conditions;

(c) protection of farm