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This Act is current to July 11, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Municipalities Enabling and Validating Act (No. 3)

[SBC 2001] CHAPTER 44

Assented to August 27, 2001

Contents
Part 1 — 2001
1Okanagan-Similkameen Naramata parcel taxes
2Validation of anti-smoking bylaws
Part 2 — 2002
3Confirmation of Vancouver officials' authority
4Provincial heritage sites deemed designated by by-law
5Authorization and validation of GVSDD purchase of Ashcroft Ranch
6Port leases
7Validation of City of Vancouver zoning bylaws
Part 3 — 2003
8Sunshine Coast Regional District: industrial park development service validation
9NWBC Timber and Pulp Limited restructure plan
10-11Repealed
12North Vancouver ice rink partnership agreement
Part 4 — 2004
13Exemption regulations apply to the City of Vancouver
14Validation of Whistler bylaws respecting Nita Lake development
15Validation of flood plain bylaws
16Enabling the Fraser River Crossing project
17Enabling Richmond-Airport-Vancouver rapid transit project
Part 5 — 2005
18Nanaimo Centre loan authorization bylaw
Part 6 — 2006
19Validation of proceedings outside boundaries
20Port Alice pulp mill agreement
Part 7 — 2007
21Juan de Fuca Electoral Area
Part 8 — 2008
Division 1 — General
22Elk Valley tax sharing agreement
23Letters patent — Comox Valley Regional District
24Comox Valley Regional District — development cost charge bylaws
Division 2 — Provisions Respecting New Northern Municipality and Dissolution of Northern Rockies Regional District
25Definition
26Dissolution of Northern Rockies Regional District
27Alteration of northern municipality's boundaries and adjoining regional district
28Security issuing and loan authorization bylaws
29Application of Local Government Act provisions
30Interim regulations
Part 9 — 2009
31Definitions
32Enforcement of bylaws in relation to signs
33Enforcement of bylaws in relation to graffiti
34Exercise of powers in sections 32 and 33
Part 10 — 2010
35Definitions
36Application of this Part
37Official community plan deemed to be land use plan
38Development of land use plan
39Regional context statement
40Consultation and public hearing
41Report on development of land use plan
42Adoption of land use plan
43Amending land use plan
44Application of GVRD instruments
45Requirement not to be inconsistent with land use plan
46Interim regulations
47Power to make regulations
48Transition — reference to UBC Area official community plan
Schedule 1

Part 1 — 2001

Okanagan-Similkameen Naramata parcel taxes

1   (1) In this section:

"authorized borrowing" means amounts that, before this section comes into force,

(a) have been borrowed under B.C. Reg. 227/96 or section 36 (5) or (6) of the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, or

(b) have been authorized to be borrowed by loan authorization bylaw under section 36 (5) or (6) of the Municipalities Enabling and Validating Act (No. 2);

"Naramata service area" means the service area described in the regional district bylaw cited as "Naramata Water System Local Service Establishment Bylaw No. 1620, 1995", as originally adopted;

"Naramata special debt financing service" means a service of the regional district under Part 24 of the Local Government Act

(a) that is established to recover the costs of authorized borrowing, and

(b) for which the service area is the Naramata service area;

"parcel tax" means a parcel tax referred to in subsection (4);

"regional district" means the Regional District of Okanagan-Similkameen.

(2) If the regional district proposes to establish a Naramata special debt financing service,

(a) despite section 800.1 (1) (e) of the Local Government Act, it is not necessary for the establishing bylaw to set the maximum amount that may be requisitioned for the service, and

(b) despite section 801 (1) (b) of the Local Government Act, the establishing bylaw does not require the approval of the electors but does require the approval of the Inspector of Municipalities.

(3) If a Naramata special debt financing service is established, any authorized borrowing is deemed to be borrowing done or authorized in relation to that service and any security issued in relation to the authorized borrowing is deemed to be security issued in relation to borrowing for that service.

(4) If all or part of the costs of the Naramata special debt financing service are to be recovered by means of a parcel tax under the Local Government Act, the assessment roll bylaw under section 360.1 of that Act may provide that, if the same person or persons own more than one parcel in the Naramata service area,

(a) unless circumstances referred to in paragraph (b) or (c) apply, the parcel tax is imposed only in relation to one of those parcels,

(b) in circumstances specified in the bylaw, the parcel tax is imposed in relation to some but not all of those parcels, and

(c) in circumstances specified in the bylaw, no parcel tax is imposed in relation to any of those parcels.

(5) For the purposes of subsection (4), the bylaw referred to in that subsection must establish criteria for determining which of the parcels owned by the same person or persons is to be subject to the tax, which criteria may be based on one or more of the following:

(a) the nature of the interest of the owners in the parcels;

(b) the nature of improvements on the parcels;

(c) the assessed value of the parcels;

(d) the taxable area of the parcels.

(6) If applicable, the bylaw referred to in subsection (4) must establish circumstances in which the parcel tax is or is not imposed as referred to in subsection (4) (b) and (c).

(7) If the authority under subsection (4) has been exercised, in addition to the grounds specified in section 361.3 of the Local Government Act, the owner of a parcel that is to be subject to the parcel tax may make a complaint to the local court of revision on the ground that

(a) there is an error or omission in relation to the parcel respecting the application of criteria established under subsection (5), or

(b) there is an error or omission in relation to the parcel respecting the application of circumstances established under subsection (6).

(8) A complaint under subsection (7) is deemed,

(a) in the first year that the parcel tax is imposed, to be a complaint under section 361.3 of the Local Government Act, except that subsections (4) to (6) of that section do not apply, and

(b) in subsequent years, to be a request under section 361.8 of the Local Government Act.

(9) If

(a) the same person or persons own more than one parcel in the Naramata service area,

(b) the parcel tax is imposed in relation to only one of those parcels in accordance with subsection (4) (a), and

(c) that parcel tax is waived under section 360 (4) (b) [commutation by paying full amount at one time] of the Local Government Act in relation to that parcel,

that tax is deemed to be waived in relation to the parcels, owned at that time by the same person or persons, in relation to which, in accordance with subsection (4) (a), no parcel tax was imposed.

(10) If

(a) the same person or persons own more than one parcel in the Naramata service area,

(b) the parcel tax is imposed in relation to some but not all of those parcels in accordance with subsection (4) (b), and

(c) that parcel tax is waived under section 360 (4) (b) [commutation by paying full amount at one time] of the Local Government Act in relation to each of the parcels on which the tax was imposed,

that tax is deemed to be waived in relation to the parcels, owned at that time by the same person or persons, in relation to which, in accordance with subsection (4) (b), no parcel tax was imposed.

(11) Despite section 375 of the Local Government Act, the regional district may, by bylaw, establish how the parcel tax imposed under this section is to be dealt with if a parcel subject to the tax is subdivided, including establishing that the parcel tax is to be imposed on only one of the parcels created by subdivision or that the tax is to be apportioned in accordance with the bylaw.

(12) This section comes into force by regulation of the Lieutenant Governor in Council.

Validation of anti-smoking bylaws

2   (1) In this section:

"anti-smoking bylaw" means a bylaw adopted by a local government that

(a) prohibits or regulates or purports to prohibit or regulate the smoking or other use or consumption of tobacco products in classes of premises specified in the bylaw, and

(b) was approved or purported to be approved by a Provincial health officer during the period starting on April 1, 1996 and ending on August 9, 1996 pursuant to a delegation or a purported delegation under section 4 (2) of the Ministry of Health Act, R.S.B.C. 1979, c. 273, as that section read in 1996;

"Provincial health officer" means the Provincial health officer within the meaning of the Health Act, R.S.B.C. 1979, c. 273, as that Act read in 1996 and includes a deputy to the Provincial health officer.

(2) Despite section 692 (4) of the Municipal Act, R.S.B.C. 1979, c. 290 as that section read in 1996, and despite any decision of a court to the contrary made before or after this section comes into force, anti-smoking bylaws are conclusively deemed to be valid for all purposes.

(3) An anti-smoking bylaw is conclusively deemed to have been validly adopted and to be valid and effective from the time a Provincial health officer approved or purported to approve the bylaw.

(4) All resolutions, bylaws and actions of a local government in relation to an anti-smoking bylaw are conclusively deemed to have been validly adopted or taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.

(5) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Part 2 — 2002

Confirmation of Vancouver officials' authority

3   (1) All things done that would have been validly done had

(a) a reference in an enactment or other record to an officer assigned responsibility under section 198 of the Local Government Act included a reference to the City Clerk under the Vancouver Charter,

(b) a reference in an enactment or other record to a designated municipal officer or a designated local government officer included a reference to the City Clerk under the Vancouver Charter, and

(c) a reference in an enactment or other record to an officer assigned responsibility under section 199 of the Local Government Act included a reference to the City Treasurer under the Vancouver Charter,

are conclusively deemed to have been validly done.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Provincial heritage sites deemed designated by by-law

4   (1) The designations of the lands described in Schedule 1, however currently described in the records of the land title office,

(a) as a historic site by the Provincial Secretary on February 2, 1971, and

(b) as a heritage designation under section 9 of the Heritage Conservation Act by continuation under section 38 of that Act

are deemed to have been a designation of protected heritage property by by-law under section 593 of the Vancouver Charter.

(2) The Vancouver Charter, insofar as it applies to protected heritage property, applies to the designation referred to in subsection (1) and the by-law required under subsection (3), except that no person is entitled to compensation in respect of either.

(3) Within 30 days after the date this section comes into force, the Council must adopt a by-law under section 593 of the Vancouver Charter for the purpose of subsection (1) of this section and, on its adoption, that by-law is deemed to be the by-law referred to in that subsection.

(4) Sections 594 and 595 of the Vancouver Charter do not apply in relation to the adoption of the by-law required under subsection (3) or the property designated under it.

(5) Notice of the by-law adopted under subsection (3) must be published once a week for 2 consecutive weeks in a newspaper that is distributed at least weekly in the area affected by the by-law.

Authorization and validation of GVSDD purchase of Ashcroft Ranch

5   (1) In this section:

"Act" means the Greater Vancouver Sewerage and Drainage District Act;

"Ashcroft Ranch" has the same meaning as in the Act;

"GVSDD" means the Greater Vancouver Sewerage and Drainage District.

(2) The GVSDD is conclusively deemed to have had the objects under section 6 (1a) and the powers under section 7 (2a) of the Act on and after September 1, 1999 and any resolution, bylaw or other action of the GVSDD in relation to the Ashcroft Ranch is conclusively deemed to have been validly adopted or taken as of the date that it was adopted or taken, to the same extent that the resolution, bylaw or action would have been valid had sections 6 (1a) and 7 (2a) of the Act been in force on the date the resolution, bylaw or action was adopted or taken.

(3) This section is retroactive to September 1, 1999 and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Port leases

6   (1) In this section:

"port authority" means a municipality, regional district or prescribed community port authority that has assumed a port lease;

"port lease" means a lease of a part of a parcel of land, if the lease

(a) is assumed by a port authority in relation to an agreement for the transfer of port property to it by the government of Canada, and

(b) has a term exceeding 3 years;

"renew" includes the making of a subsequent lease in relation to the same property between the parties to a port lease or their successors, heirs or assigns.

(2) Despite section 73 (1) (b) of the Land Title Act, a port lease is confirmed and validated as an effective contract between the parties as of the date on which the lease is assumed by the port authority.

(3) If a port lease has been assumed by a port authority before the coming into force of this section, the port authority may continue and renew the lease as if subsection (2) had come into force before the assumption of that lease.

(4) For the purposes of subsection (2), a port authority is deemed to have had the authority to assume a port lease and become the lessor under the lease at the time of the assumption and to have had and to continue to have the authority to carry out and to renew that lease in accordance with its terms.

(5) The Lieutenant Governor in Council may prescribe an organization to be a community port authority for the purposes of this section, and, on being prescribed, this section applies to the port authority retroactively to the date on which the port lease was assumed.

(6) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Validation of City of Vancouver zoning bylaws

7   (1) This section applies to all current or former zoning bylaws of the City of Vancouver.

(2) A zoning bylaw that is or was invalid by reason of a failure to comply with the approval requirement of section 54 (2) of the Highway Act as it read immediately before its amendment by section 11 of the Miscellaneous Statutes Amendment Act (No. 3), 2002 is conclusively deemed to have been validly in force, from the date it would have been in force had the approval requirement been met, to the extent that it would have been validly in force had the approval requirement been met.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

Part 3 — 2003

Sunshine Coast Regional District: industrial park development service validation

8   (1) Despite the Local Government Act but subject to this section, the Sunshine Coast Regional District had and continues to have the authority to provide the service authorized by section 1 [development of land for commercial or industrial use] of the Sunshine Coast Regional District Regulation, B.C. Reg. 418/89, as if it had adopted an establishing bylaw for the service.

(2) The authority to continue providing the service referred to in subsection (1) ends one year after the date on which this section comes into force unless the regional district has adopted an establishing bylaw for the service before that date.

(3) Division 4.1 [Establishing Bylaws] of Part 24 of the Local Government Act applies to the establishing bylaw required by subsection (2), with the exception that the bylaw may be adopted with the approval of the inspector of municipalities but without the approval of the electors in the participating areas for the service.

(4) All resolutions, bylaws and actions of the regional district in relation to the service referred to in subsection (1) are conclusively deemed to have been validly adopted or taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.

(5) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

NWBC Timber and Pulp Limited restructure plan

9   (1) In this section:

"NWBC" means NWBC Timber and Pulp Limited;

"region municipality" means a municipality that is in

(a) the Skeena-Queen Charlotte Regional District,

(b) the Regional District of Kitimat-Stikine, or

(c) the Regional District of Bulkley-Nechako;

"restructure plan" means the Amended Plan of Compromise or Arrangement respecting the Skeena companies that was approved by order of the Supreme Court entered on April 16, 2002 and that is now applicable to NWBC;

"Skeena companies" means

(a) Skeena Cellulose Inc.,

(b) Orenda Forest Products Ltd.,

(c) Orenda Logging Ltd., and

(d) 9753 Acquisition Corp.

(2) Despite Divisions 1 [Due Dates and Tax Notices] and 3 [Payment of Taxes] of Part 11 [Tax Collection] of the Local Government Act, a region municipality may

(a) defer the collection of property taxes payable by NWBC, as contemplated by the restructure plan,

(b) defer the collection of property taxes payable by the Skeena companies, and

(c) forgive the interest and penalties on such deferred taxes.

(3) Despite section 403 [annual tax sale] of the Local Government Act, a region municipality is not required to offer property of NWBC or the Skeena companies for tax sale in relation to taxes that are delinquent as contemplated by subsection (2).

(4) Despite section 327 (5) [prohibition against municipal deficits] of the Local Government Act, the City of Prince Rupert may incur a deficit to the extent of outstanding amounts receivable from NWBC or the Skeena companies for the period this is contemplated by the restructure plan.

(5) Despite section 182 [prohibition against assistance to business] of the Local Government Act, the City of Prince Rupert is conclusively deemed to have had the authority to enter into the loan guarantee made pursuant to the council resolution adopted on February 19, 2002, in relation to the loan provided by the Northern Savings Credit Union to NWBC, and the loan guarantee is confirmed and validated effective that date.

(6) All resolutions, bylaws and actions of the City of Prince Rupert in relation to the loan guarantee referred to in subsection (5) are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.

(7) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Repealed

10-11   [Repealed 2008-42-91.]

North Vancouver ice rink partnership agreement

12   (1) Despite the provisions of the Local Government Act respecting a municipality's authority to incur liabilities, the agreements between The Corporation of the District of North Vancouver and Canlan Investment Corporation, dated May 7, 1998, and the agreement between that municipality, Canlan Investment Corporation and the Toronto-Dominion Bank, dated May 7, 1998, are confirmed and validated effective that date.

(2) All resolutions, bylaws and actions of The Corporation of the District of North Vancouver in relation to the agreements referred to in subsection (1) are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Part 4 — 2004

Exemption regulations apply to the City of Vancouver

13   (1) Despite section 2.1 of the Vancouver Charter, a regulation in force at any time

(a) under

(i) section 345 [exemptions for industrial or business property] of the Local Government Act, or

(ii) section 346 [exemptions for community ports and airports] of the Local Government Act,

before their repeal by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, or

(b) under section 223 [exemptions under regulations] of the Community Charter,

that would have applied, or would apply, to the City of Vancouver if section 2.1 of the Vancouver Charter had not been or were not in force at the applicable time, is conclusively deemed to have applied and, if the regulation is still in force, to continue to apply to the City of Vancouver.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Validation of Whistler bylaws respecting Nita Lake development

14   (1) In this section:

"municipality" means the Resort Municipality of Whistler;

"Nita Lake development bylaw" means any of the following bylaws of the municipality:

(a) the bylaw cited as the "Zoning Amendment Bylaw (Nita Lake Comprehensive Development Strategy) No. 1650, 2003";

(b) the bylaw cited as the "Official Community Plan Amendment Bylaw (Nita Lake Comprehensive Development Strategy) No. 1626, 2003";

(c) the bylaw cited as the "Housing Agreement Bylaw (Nita Lake Comprehensive Development Strategy) No. 1628, 2003".

(2) In relation to a Nita Lake development bylaw,

(a) the municipality is conclusively deemed to have had the authority to adopt the bylaw at the time it was adopted,

(b) the bylaw is conclusively deemed to have been validly in force from the date of its adoption, and

(c) the municipality is conclusively deemed to have had and to continue to have the authority to carry out the transactions contemplated by the bylaw.

(3) All resolutions, bylaws and actions of the municipality in relation to a Nita Lake development bylaw are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.

(4) This section applies despite the Local Government Act or any other enactment and despite any decision of a court to the contrary made before or after the coming into force of this section.

(5) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Validation of flood plain bylaws

15   (1) A bylaw adopted by a local government under section 910 of the Local Government Act before the date the Miscellaneous Statutes Amendment Act (No. 2), 2004 receives Royal Assent, and actions taken under the bylaw, are confirmed and validated, and the bylaw is conclusively deemed to have been continuously in force from the date of its adoption until the date it is or was repealed by the local government to the extent that it would have been validly adopted under section 910 of the Local Government Act as amended by section 26 of the Miscellaneous Statutes Amendment Act (No. 2), 2004.

(2) An authorization or other permission that was given in relation to a development

(a) by a local government before the date the Miscellaneous Statutes Amendment Act (No. 2), 2004 receives Royal Assent, and

(b) in reliance on an exemption of a type of development, given by the minister under section 910 (6) of the Local Government Act before its repeal by section 19 of the Flood Hazard Statutes Amendment Act, 2003, S.B.C. 2003, c. 72,

is confirmed and validated to the extent that it could be validly given by the local government by or in reliance on a bylaw or exemption under section 910 of the Local Government Act as amended by section 26 of the Miscellaneous Statutes Amendment Act (No. 2), 2004, and an action taken under such an authorization or other permission, is confirmed and validated and conclusively deemed to have been validly taken.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Enabling the Fraser River Crossing project

16   (1) In this section:

"authority" has the same meaning as in the South Coast British Columbia Transportation Authority Act;

"municipality" means

(a) the Township of Langley,

(b) the District of Maple Ridge,

(c) the District of Pitt Meadows, or

(d) the City of Surrey;

"operator" means a person or organization that has entered into an agreement with the authority or a subsidiary or a contractor of either to undertake activities, specified in the agreement, in relation to the operation, management, tolling, repair, maintenance or rehabilitation of the project;

"project" means the Fraser River Crossing project as defined in section 1 of the South Coast British Columbia Transportation Authority Act and the highways and related infrastructure that a municipality constructs or improves for the purpose of integrating with the Fraser River Crossing project.

(2) Subject to subsection (4), a municipality may enter into an agreement with the authority in relation to the project even if the effect of a provision of the agreement in relation to a matter described in subsection (3) is to

(a) limit or eliminate council's legislative powers, or

(b) cause council to provide assistance to a business.

(3) The matters referred to in subsection (2) are

(a) a municipal action or authorization that is likely to have the effect of

(i) reducing the capacity of the project to carry vehicular traffic,

(ii) reducing the volume of vehicular traffic carried by the project, or

(iii) reducing the amount of tolls collected from vehicular traffic using the project, and

(b) a municipal action that is likely to have the effect of

(i) impeding access by vehicular traffic to or from the project, or

(ii) impeding an operator in carrying out its rights or performing its obligations under an agreement with the authority, a subsidiary or a contractor of either in relation to the operation, management, tolling, repair, maintenance or rehabilitation of the project.

(4) Nothing in subsection (2) operates to enable a municipality to restrict its authority to take actions or give authorizations promoting environmental or conservation measures.

Enabling Richmond-Airport-Vancouver rapid transit project

17   (1) In this section:

"authority" has the same meaning as in the South Coast British Columbia Transportation Authority Act;

"municipality" means the City of Richmond or the City of Vancouver;

"project" means the planning, acquisition or construction of the Richmond-Airport-Vancouver rapid transit project, as defined in the South Coast British Columbia Transportation Authority Act, by the authority, a subsidiary or a contractor of either.

(2) If a municipality enters into an agreement with the authority or a subsidiary that establishes processes or conditions in relation to the project within the municipality, subsection (3) applies.

(3) The processes and conditions established in an agreement described in subsection (2) apply, to the extent provided for in the agreement, instead of the permits, approvals or authorizations and any related processes or conditions that would otherwise be required by or under the Community Charter, the Local Government Act or the Vancouver Charter, in relation to the project within the municipality.

Part 5 — 2005

Nanaimo Centre loan authorization bylaw

18   (1) In this section, "proposed Nanaimo Centre bylaw" means the proposed bylaw given first reading by the council of the City of Nanaimo on October 18, 2004 and cited as the "New Nanaimo Centre Loan Authorization Bylaw 2004 No. 5750".

(2) Section 135 (5) [order of obtaining inspector approval and elector approval] of the Community Charter does not apply to the proposed Nanaimo Centre bylaw and, instead, the approval of the electors must be obtained for the bylaw before it is submitted for the approval of the inspector.

(3) This section is deemed to have come into force on October 18, 2004 and is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Part 6 — 2006

Validation of proceedings outside boundaries

19   (1) In this section, "new authority" means, as applicable,

(a) section 134.1 [meetings and hearings outside municipality] of the Community Charter,

(b) section 237.1 [meetings and hearings outside regional district] of the Local Government Act, or

(c) section 8 (5) of the Greater Vancouver Sewerage and Drainage District Act or section 10 (5) of the Greater Vancouver Water District Act, as they make section 237.1 of the Local Government Act applicable.

(2) Despite any decision of a court to the contrary made before or after the coming into force of this section,

(a) all meetings, hearings and other proceedings described in the new authority,

(b) all powers, duties and functions exercised in relation to those proceedings, and

(c) all bylaws, resolutions and other actions adopted, taken or otherwise done in relation to those proceedings

that would have been validly held, exercised, undertaken, adopted, taken or otherwise done if

(d) the new authority had been in force at that time, and

(e) an authorizing bylaw or resolution contemplated by the new authority had been validly adopted in relation to those proceedings

are conclusively deemed to have been validly held, exercised, undertaken, adopted, taken or otherwise done.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

Port Alice pulp mill agreement

20   (1) In this section:

"class 4 property" means land, or land and improvements, classified as Class 4 property under the Assessment Act;

"municipal tax" means property value tax imposed for the purposes of raising municipal revenue described in section 197 (1) (a) of the Community Charter;

"Neucel" means Neucel Specialty Cellulose Ltd., a body corporate, incorporated under the laws of the Province under Certificate of Incorporation No. BC0734876;

"subject property" means the land and improvements legally described as

PID: 000-174-831

Dist. Lot 1187

Rupert District,

Except That Part in Plan 21605;

"village" means the Village of Port Alice.

(2) The village may enter into an agreement with Neucel under which the village agrees to impose on the portion of the subject property that is class 4 property fixed amounts of municipal tax for one or more of the years 2006 to 2010, inclusive.

(3) If the village enters into an agreement under subsection (2), for each year the agreement remains in effect the village must set its tax rate under section 197 (3) of the Community Charter for all class 4 property in the village so that the amount of municipal tax payable on the portion of the subject property that is class 4 property is the fixed amount set out for the year in the agreement.

(4) An agreement under subsection (2) is not renewable or assignable.

(5) As long as Neucel continues to own a portion of the subject property that includes class 4 property, an agreement under subsection (2) does not end during its term by reason only that the subject property is subdivided.

(6) The village may exercise the power under subsection (2), and must comply with subsection (3), even if the effect is to

(a) limit or eliminate council's legislative powers in relation to the imposition of taxes, or

(b) cause council to provide assistance to a business.

Part 7 — 2007

Juan de Fuca Electoral Area

21   (1) In this section, "affected area" means the portion of the Juan de Fuca Electoral Area that was included in the Sooke Electoral Area as it existed on September 1, 1999.

(2) All resolutions, bylaws, permits and actions under Part 26 of the Local Government Act adopted, issued or taken by the Capital Regional District in relation to real property in the affected area between October 13, 2004 and March 29, 2006 are conclusively deemed to be valid, to the extent that they would have been valid if the municipal director appointed by the District of Central Saanich had been entitled to vote in relation to those resolutions, bylaws, permits and actions.

(3) All powers, duties and functions exercised or performed in relation to the resolutions, bylaws, permits and actions referred to in subsection (2) are conclusively deemed to have been validly exercised or performed as of the date that they were exercised or performed, to the extent that they would have been valid had this section been in force on the date they were exercised or performed.

(4) This section does not apply to the following bylaws of the Capital Regional District:

(a) Bylaw No. 3229, cited as the "Official Community Plan for Shirley/Jordan River Bylaw No. 1, 2004";

(b) Bylaw No. 3238, cited as the "Official Community Plan for East Sooke Bylaw No. 1, 2004";

(c) Bylaw No. 3239, cited as the "Official Community Plan for Otter Point Bylaw No. 1, 2004".

(5) This section is deemed to have come into force on October 13, 2004 and is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Part 8 — 2008

Division 1 — General

Elk Valley tax sharing agreement

22   (1) In this section:

"class 4 property" means land, or land and improvements, classified as class 4 property under the Assessment Act;

"Elk Valley mines" means the class 4 property

(a) comprised of coal mines, coal-processing works and coal-related infrastructure within the boundaries of the municipalities, and

(b) identified in the agreement entered into under subsection (2) as being subject to the agreement;

"minister" means the minister charged with the administration of the Community Charter;

"municipalities" means

(a) the District of Sparwood,

(b) the District of Elkford, and

(c) the City of Fernie;

"regional district" means the Regional District of East Kootenay.

(2) Subject to the approval of the minister, the municipalities and the regional district may enter into an agreement that does one or more of the following:

(a) sets or establishes a formula to determine the amount of revenue to be raised for the year from property value taxes imposed on Elk Valley mines;

(b) sets or establishes a formula to determine the tax rate to be applied to Elk Valley mines;

(c) determines how tax revenue from Elk Valley mines is shared by the municipalities and the regional district;

(d) determines the use of tax revenues from Elk Valley mines.

(3) If the municipalities and the regional district enter into an agreement under subsection (2),

(a) the councils of the municipalities must include any tax rates set or determined under the agreement in their bylaws under section 197 (1) [annual property tax bylaw] of the Community Charter,

(b) despite section 197 (3) and (4) of the Community Charter, the bylaws referred to in paragraph (a) of this subsection may establish different tax rates for Elk Valley mines than other class 4 property within the municipalities,

(c) a regulation made under section 199 (b) [property tax rates regulations] of the Community Charter does not apply to that part of the bylaws referred to in paragraph (a) of this subsection, and

(d) the agreement may only be amended, extended or renewed with the approval of the minister.

Letters patent — Comox Valley Regional District

23   (1) Despite section 796.1 of the Local Government Act, section 16 (3) of the letters patent incorporating the Comox Valley Regional District, issued further to Order in Council 59/2008, is confirmed and validated.

(2) All resolutions, bylaws and actions of the Comox Valley Regional District in relation to the establishing bylaws referred to in section 16 (3) of the letters patent incorporating the Comox Valley Regional District are conclusively deemed to have been validly adopted or taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Comox Valley Regional District — development cost charge bylaws

24   (1) In this section:

"affected local government", in relation to a development cost charge region, means

(a) a municipality, if all or part of the municipality is in the development cost charge region, and

(b) the Comox Valley Regional District, if all or part of an electoral area is in the development cost charge region,

but does not include the municipality whose council is proposing the development cost charge bylaw or the Comox Valley Regional District if the board is proposing the development cost charge bylaw;

"minister" means the minister charged with the administration of the Community Charter;

"proposed bylaw" means a proposed development cost charge bylaw that is to apply in relation to a subdivision, building or structure in the development cost charge region.

(2) The minister may, by order, designate all or part of the area of the Comox Valley Regional District as a development cost charge region.

(3) A local government may not give a proposed bylaw first reading unless

(a) at least 60 days before the proposed bylaw is given first reading, the local government has referred the matter to all affected local governments in accordance with subsection (4), and

(b) the local government has taken into consideration any responses provided under subsection (5) (b).

(4) For the purposes of subsections (3) (a) and (8) (b), a local government must, by resolution, refer to all affected local governments all of the following material:

(a) any proposed bylaw;

(b) any relevant development cost charge bylaw that applies in the development cost charge region;

(c) in respect of any proposed bylaw and any relevant development cost charge bylaw, the considerations, information and calculations used to determine the schedule referred to in section 934 (1) of the Local Government Act, but any information respecting the contemplated acquisition costs of specific properties is not required to be referred;

(d) any other information required under subsection (10) of this section.

(5) After receiving the material referred to it under subsection (4), each affected local government

(a) must promptly review the material in the context of any development cost charge policies, official community plans, regional growth strategies and strategies respecting services 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) within 45 days after receiving the material, may respond, by resolution, to the proposing local government by providing the results of the review under paragraph (a) of this subsection.

(6) When a local government submits a proposed bylaw to the inspector for approval under section 937 of the Local Government Act, the local government must submit to the inspector information respecting the consideration by the local government of the responses provided under subsection (5) (b) of this section in respect of the proposed bylaw.

(7) In addition to the reasons the inspector may refuse to grant approval under section 937 (2) of the Local Government Act, the inspector may refuse to grant approval of a proposed bylaw under section 937 (1) of that Act if the inspector determines that the local government has not properly considered the responses provided under subsection (5) (b) of this section in respect of the proposed bylaw.

(8) The inspector may require a local government

(a) to review, by a date specified by the inspector, a development cost charge bylaw that applies in the development cost charge region, and

(b) as part of the review, to refer the matter to all affected local governments in accordance with subsection (4).

(9) If a local government is required under subsection (8) to review a development cost charge bylaw and, further to the review, the local government does not give a proposed bylaw first reading within 120 days after the date specified by the inspector under subsection 8 (a), the local government must promptly submit to the inspector the results of the review, including

(a) reasons why changes to the development cost charge bylaw are not proposed or why a proposed bylaw was not given first reading, and

(b) information respecting the consideration by the local government of the responses provided under subsection (5) (b) in respect of the development cost charge bylaw or a proposed bylaw.

(10) The minister may, by order, do one or both of the following:

(a) specify information for the purposes of subsection (4) (d);

(b) impose requirements on a local government relating to the development of a proposed bylaw.

Division 2 — Provisions Respecting New Northern Municipality and Dissolution of Northern Rockies Regional District

Definition

25   In this Division, "northern municipality" means the municipality whose incorporation under section 7 (1) of the Local Government Act resulted in the revocation under section 7 (3) of that Act of the letters patent of the Town of Fort Nelson.

Dissolution of Northern Rockies Regional District

26   (1) On the incorporation of the northern municipality, the Lieutenant Governor in Council may, by order, revoke the letters patent of the Northern Rockies Regional District.

(2) On the revocation of the letters patent of the Northern Rockies Regional District, the Northern Rockies Regional District is dissolved.

(3) Section 12.5 [transfer of assets and obligations and continuation of bylaws] of the Local Government Act applies for the purposes of this section, except that

(a) a reference in that section to the dissolved municipality is to be read as a reference to the Northern Rockies Regional District, and

(b) a reference in that section to the new municipality is to be read as a reference to the northern municipality.

(4) In respect of bylaws or resolutions continued in force as bylaws or resolutions of the northern municipality, if there is a conflict or inconsistency between a bylaw or resolution of the Town of Fort Nelson that is continued under section 12.5 of the Local Government Act and a bylaw or resolution of the Northern Rockies Regional District that is continued under section 12.5 of the Local Government Act, as that section applies for the purposes of this section, the bylaw or resolution of the Northern Rockies Regional District prevails.

Alteration of northern municipality's boundaries and adjoining regional district

27   (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, alter the boundaries of the northern municipality and an adjoining regional district by reducing the area of one and increasing the area of the other by the inclusion of the area withdrawn.

(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,

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

(c) in the case of reducing the area of the northern municipality and increasing the area of an adjoining regional district by the inclusion of the area withdrawn, receive from the council of the northern municipality a request made in accordance with section 26 [reduction of municipal area] of the Local Government Act.

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

(4) In letters patent under subsection (1), the Lieutenant Governor in Council may do one or more of the following:

(a) transfer to and vest in the northern municipality or regional district any of the rights, property and assets of the other;

(b) transfer to and declare as assumed by the northern municipality or regional district any of the obligations of the other;

(c) provide that a bylaw or resolution of the council or board having jurisdiction before the alteration of boundaries does not remain in force under subsection (5);

(d) require the council of the northern municipality or the board of the regional district to amend or repeal by a specified date a bylaw or resolution that remains in force under subsection (5);

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

(5) Subject to the letters patent, the bylaws and resolutions of the council of the northern municipality or board of the regional district that had jurisdiction before the alteration of boundaries remain in force until they are amended or repealed by the council of the northern municipality or the board of the regional district having jurisdiction following the alteration of boundaries.

Security issuing and loan authorization bylaws

28   (1) Section 825 (1) to (4) [security issuing bylaws] of the Local Government Act applies to the northern municipality, except that the reference to a board is to be read as a reference to the council of the northern municipality.

(2) Section 262 (3.1) [application to court to set aside security issuing bylaw] of the Local Government Act applies to the northern municipality, except that the references to a regional district are to be read as references to the northern municipality.

(3) Section 182 [municipal financing through regional district] of the Community Charter does not apply to the northern municipality.

(4) In applying sections 179 (4) [loan authorization bylaws for long term borrowing] and 181 (2) [temporary borrowing under loan authorization bylaw] of the Community Charter to the northern municipality, a reference to section 182 of the Community Charter is to be read as a reference to subsection (5) of this section.

(5) Except as permitted by section 181 [temporary borrowing under loan authorization bylaw] of the Community Charter or by the Municipal Finance Authority Act, the northern municipality must not borrow money under a loan authorization bylaw unless the financing is undertaken under section 825 of the Local Government Act, as it applies under subsection (1) of this section, through the Municipal Finance Authority of British Columbia.

Application of Local Government Act provisions

29   Sections 6.9 [application of Escheat Act] and 15 [publication of letters patent] of the Local Government Act apply for the purposes of this Division.

Interim regulations

30   (1) In this section, "designated enactment" means any of the following:

(a) the Community Charter;

(b) the Environmental Management Act;

(c) the Hospital District Act;

(d) the Local Government Act;

(e) the Municipal Finance Authority Act;

(f) a regulation under an Act referred to in paragraphs (a) to (e).

(2) Despite the designated enactments, the Lieutenant Governor in Council may make regulations as follows:

(a) providing an exception to or a modification of a provision in a designated enactment or providing for the application or continued application of a provision in a designated enactment in relation to the northern municipality or an area that is not in the northern municipality but was in the Northern Rockies Regional District;

(b) making provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties in relation to the incorporation of the northern municipality or the dissolution of the Northern Rockies Regional District.

(3) A regulation under subsection (2) may be made retroactive to the date of incorporation of the northern municipality or a later date, and if made retroactive is deemed to have come into force on the specified date.

(4) To the extent of any conflict between a regulation under subsection (2) and a designated enactment, the regulation prevails.

(5) A regulation may not be made under subsection (2) and a regulation made under subsection (2) ceases to have effect after December 31, 2010.

Part 9 — 2009

Definitions

31   In this Part:

"sign" includes sign boards, advertisements, advertising devices and structures;

"specified municipality" means any of the following:

(a) the City of Richmond;

(b) the City of Vancouver;

(c) the Resort Municipality of Whistler.

Enforcement of bylaws in relation to signs

32   (1) Subject to this section and section 34, an officer or employee of a specified municipality or a person authorized by the council of a specified municipality has the authority to enter on property, and to enter into property, without the consent of the owner or occupier for the purpose of enforcing, in accordance with subsection (4), the specified municipality's bylaws in relation to signs.

(2) Except in the case of a significant risk to the health or safety of persons or property, a person

(a) may only exercise the authority in subsection (1) at reasonable times and in a reasonable manner, and

(b) must take reasonable steps to advise the owner or occupier before entering the property.

(3) A person may only exercise the authority in subsection (1) to enter into a place that is occupied as a private dwelling if any of the following applies:

(a) the occupier consents;

(b) the specified municipality has given the occupier at least 24 hours' written notice of the entry and the reasons for it;

(c) the entry is made under the authority of a warrant under this or another Act;

(d) the person exercising the authority has reasonable grounds for believing that failure to enter may result in a significant risk to the health or safety of the occupier or other persons.

(4) A person who has entered on property, or entered into property, in accordance with this section has the authority to enforce the specified municipality's bylaws in relation to signs by removing, covering or altering the sign that is in contravention of these bylaws.

(5) A specified municipality may

(a) remove, cover or alter a sign that is in contravention of the specified municipality's bylaws in relation to signs at the expense of the owner or the occupier of the property on which the sign is located, and

(b) recover the costs incurred from that person as a debt.

(6) If satisfied by evidence on oath or affirmation that access to property is necessary for the purpose of enforcing a specified municipality's bylaws in relation to signs, a justice may issue a warrant authorizing a person named in the warrant to enter on or into property for that purpose.

Enforcement of bylaws in relation to graffiti

33   (1) Subject to this section and section 34, an officer or employee of a specified municipality or a person authorized by the council of a specified municipality has the authority to enter on property without the consent of the owner or occupier for the purpose of enforcing, in accordance with subsection (3), the specified municipality's bylaws in relation to graffiti.

(2) A person

(a) may only exercise the authority in subsection (1) at reasonable times and in a reasonable manner, and

(b) must take reasonable steps to advise the owner or occupier before entering the property.

(3) A person who has entered on property in accordance with this section has the authority to enforce the specified municipality's bylaws in relation to graffiti by removing, covering or altering the graffiti that is in contravention of these bylaws.

Exercise of powers in sections 32 and 33

34   The powers in sections 32 and 33 may be exercised only during the period of February 1, 2010 to March 31, 2010.

Part 10 — 2010

Definitions

35   In this Part:

"board" means the board of governors of The University of British Columbia;

"GVRD instrument" means a bylaw or resolution issued or adopted by the board of the Greater Vancouver Regional District under the Local Government Act or letters patent of the Greater Vancouver Regional District;

"Point Grey campus lands" means the lands in a prescribed geographical area that are owned in fee simple by The University of British Columbia;

"regional context statement" means a regional context statement referred to in section 39;

"UBC Area official community plan" means the Official Community Plan for Part of Electoral Area 'A' adopted by the Greater Vancouver Regional District in Bylaw No. 840 - 1996, as amended from time to time.

Application of this Part

36   This Part applies despite the Local Government Act and the letters patent of the Greater Vancouver Regional District.

Official community plan deemed to be land use plan

37   (1) The UBC Area official community plan, with the modification set out in subsection (4) of this section, is deemed to be adopted by the minister as the land use plan for the Point Grey campus lands.

(2) The land use plan under subsection (1) is effective on the date that this Part comes into force and remains in effect until it is replaced with a land use plan adopted by the minister under section 42.

(3) Bylaw No. 840 - 1996 of the Greater Vancouver Regional District is repealed.

(4) For the purposes of subsection (1), the UBC Area official community plan is modified in Schedule A by changing the designated use of the block of land immediately west of Wesbrook Mall and north of Thunderbird Boulevard from "Future Housing" to "UBC Core".

(5) Sections 40, 41 and 42 (1) and (2) apply in respect of an amendment to the land use plan for the Point Grey campus lands deemed to be adopted by the minister under subsection (1) of this section, and for that purpose a reference to a "land use plan" in sections 40, 41 and 42 (1) and (2) must be read as a reference to a "land use plan amendment".

Development of land use plan

38   (1) If required by order of the minister, the board must develop and submit to the minister a land use plan for the Point Grey campus lands to replace the land use plan deemed to be adopted by the minister under section 37 that includes all of the following:

(a) a statement of the objectives and policies guiding decisions on planning and land use management within the Point Grey campus lands;

(b) a description of how the plan works towards the purpose and goals referred to in section 849 [regional growth strategy goals] of the Local Government Act;

(c) a regional context statement.

(2) The minister may, by order, establish one or more of the following:

(a) matters that are to be included in a land use plan in addition to the matters referred to in subsection (1);

(b) matters that the board must address in a regional context statement in addition to matters referred to in section 39, including the consistency between the land use plan and the regional growth strategy of the Greater Vancouver Regional District;

(c) the form of a land use plan;

(d) the manner in which the board must submit a land use plan to the minister;

(e) the date by which the board must submit a land use plan to the minister.

Regional context statement

39   (1) A regional context statement in a land use plan for the Point Grey campus lands must describe the relationship between the land use plan and the regional growth strategy of the Greater Vancouver Regional District.

(2) A regional context statement and the rest of the land use plan must be consistent.

Consultation and public hearing

40   (1) During the development of a land use plan for the Point Grey campus lands, the board must

(a) provide one or more opportunities the board considers appropriate for consultation with persons, organizations and authorities the board considers will be affected by the proposed land use plan, and

(b) hold a public hearing respecting the proposed land use plan.

(2) The minister may, by order, impose requirements on the board relating to the consultations and public hearing under subsection (1).

Report on development of land use plan

41   When submitting a land use plan for the Point Grey campus lands to the minister for adoption, the board must submit with the land use plan a report, in the form specified by the minister, respecting all of the following:

(a) a description of the process of developing the land use plan;

(b) a description of the consultation process undertaken under section 40 and the outcome of that process;

(c) a description of the extent to which there is consistency between the land use plan and the regional growth strategy of the Greater Vancouver Regional District, including reasons for any inconsistencies;

(d) any other matter respecting the development of the land use plan or the proposed implementation of the land use plan as directed by the minister.

Adoption of land use plan

42   (1) The minister may

(a) by order, adopt a land use plan for the Point Grey campus lands submitted by the board, or

(b) reject a land use plan for the Point Grey campus lands submitted by the board.

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

(a) review the report submitted under section 41, and

(b) consult with the minister responsible for the administration of the University Act.

(3) The land use plan for the Point Grey campus lands deemed to be adopted by the minister under section 37 ceases to have effect on the date of an order made by the minister under section 42 (1).

Amending land use plan

43   Sections 40, 41 and 42 (1) and (2) apply in respect of an amendment to the land use plan for the Point Grey campus lands adopted by the minister under section 42, and for that purpose a reference to a "land use plan" in sections 40, 41 and 42 (1) and (2) must be read as a reference to a "land use plan amendment".

Application of GVRD instruments

44   While the land use plan for the Point Grey campus lands deemed to be adopted by the minister under section 37 or a land use plan for the Point Grey campus lands adopted by the minister under section 42 is in effect, a GVRD instrument that would otherwise be applicable to the Point Grey campus lands has no effect in respect to those lands except for

(a) GVRD instruments issued or adopted under any of the following:

(i) section 523 [health protection authority] of the Local Government Act in respect of public health or sanitary conditions;

(ii) section 799.1 [continuation of regional parks and trails] of the Local Government Act in respect of regional parks and regional trails;

(iii) section 800 (1) and (2) (a) to (e) [establishing bylaws required for most services] of the Local Government Act in respect of the services referred to in that section;

(iv) section 800 (2) (f) of the Local Government Act except for a service for which authority is expressly provided by Part 26 [Planning and Land Use Management] of that Act;

(v) section 808 [variable tax rate system] of the Local Government Act in respect of a variable tax rate system;

(vi) section 815 [financial plan] of the Local Government Act in respect of a financial plan;

(vii) Part 25 [Regional Growth Strategies] of the Local Government Act in respect of a regional growth strategy for the Greater Vancouver Regional District;

(viii) letters patent and supplementary letters patent issued by the following orders in council:

(A) Orders in Council 163/71, 1448/74 and 1099/75 in respect of public housing and housing;

(B) Orders in Council 4177/73 and 2125/82 in respect of labour negotiations;

(ix) any prescribed provision of the Local Government Act or any prescribed orders in council in respect of any prescribed matter, and

(b) the following GVRD instruments:

(i) Greater Vancouver Regional District E 9-1-1 Emergency Telephone Extended Service Establishment Bylaw No. 645, 1990;

(ii) Greater Vancouver Regional District Mosquito Control Service By-law No. 848-1996;

(iii) Greater Vancouver Regional District Regional Parks Service Conversion and Amendment Bylaw No. 1024, 2005;

(iv) Greater Vancouver Regional District Geospatial Reference System Service Establishment Bylaw No. 1030, 2005;

(v) Greater Vancouver Regional District Mosquito Control Administration and Coordination Service Establishment Bylaw No. 1034, 2005 (West Nile Virus);

(vi) Greater Vancouver Regional District Emergency Planning Service Establishment Bylaw No. 1079, 2008;

(vii) any other prescribed GVRD instrument.

Requirement not to be inconsistent with land use plan

45   (1) In this section, "land development" means the following:

(a) the alteration of land;

(b) the alteration, construction, removal or restoration of buildings or structures;

(c) the change in use of land, buildings or structures.

(2) The board must ensure that all

(a) agreements entered into by The University of British Columbia,

(b) rules, resolutions or similar authorities issued or adopted by the board,

(c) permits, licences or similar authorities issued or adopted by The University of British Columbia under an authority referred to in paragraph (b), and

(d) land development undertaken or authorized by the board

after the deemed adoption of the land use plan for the Point Grey campus lands under section 37 or the adoption of a land use plan for the Point Grey campus lands under section 42 must not be inconsistent with the relevant land use plan for the Point Grey campus lands.

Interim regulations

46   (1) Despite this Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) providing an exception to or a modification of a provision in any enactment or providing for the application or continued application of a provision in any enactment in relation to the Point Grey campus lands;

(b) making provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties in relation to the land use plan for the Point Grey campus lands deemed to be adopted by the minister under section 37, a land use plan for the Point Grey campus lands adopted by the minister under section 42 and GVRD instruments having no effect in respect to the Point Grey campus lands.

(2) A regulation under subsection (1) may be made retroactive to a date not earlier than the date on which this Part comes into force.

(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(4) A regulation may not be made under subsection (1) after June 30, 2012 and a regulation made under that subsection ceases to have effect after that date.

Power to make regulations

47   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing a geographical area for the purposes of the definition of "Point Grey campus lands" in section 35;

(b) prescribing provisions of the Local Government Act, orders in council and matters for the purposes of section 44 (a) (ix) of this Part;

(c) prescribing GVRD instruments for the purposes of section 44 (b) (vii).

Transition — reference to UBC Area official community plan

48   A reference to the UBC Area official community plan in any of the following that are in effect on the date this Part comes into force must be read as a reference to the land use plan for the Point Grey campus lands deemed to be adopted by the minister under section 37 or adopted by the minister under section 42, as applicable:

(a) an agreement to which The University of British Columbia is a party;

(b) an agreement to which UBC Properties Investments Trust Ltd., a company incorporated under the Business Corporations Act, is a party;

(c) a licence, permit, resolution, rule or similar authority issued or adopted by The University of British Columbia.

Schedule 1

(Section 4)

(a)D.L. OGT:
(i)Block 1Lot 7; Lot 8 W 1/2; 8 E 1/2; 9 & 10; 11; 12 & 13.
(ii)Block 2Lots 1 & E 1 1/2 ft. of 2; 2 ex. E 1 1/2 ft; A of 3; 3 ex. A & ex. W 1 ft. of 3; 3 W 1 ft. & 4 E 1/2; 4 W 1/2; 5; 6; 7; B Amd. of 8; A Amd. of 8; C of 8; D. & E of 8; 9 Amd. & 10; A of 11; 11 ex. Pcl. A & 12; 13 & 14 ex. E 26 ft; E 26 ft. of 14; A of 15; B of 15.
(iii)Block 3Lots 1 E pt; 1 W 47 ft. & 2; 3; 4 E 1/2; 4 W 1/2; 5; 6 ex. W 44 ft; 6 W. 44 ft; 7; 8 N 1/2; 8 S 1/2; A of 17; B and C of 17; D E & F of 17; Pt. of 17 incl. in RP 1441 (Pioneer Place & CPR R/W); 16 E 26 ft; 16 ex. E 26 ft.
(iv)Block 4Lots 7 W 1/2; 8 ex. S.W. pt; 8 S.W. pt; D of 9 & 10; A and B of 9 and 10 ex. E 9 ft; C of 10 and 11.
(v)Block 5Lots 1; 2 E 1/2; 2 W 1/2; 3 E 1/2; 3 W 1/2; 4; 5 E 1/2; 5 W 1/2; 6 ex. W 6 ft; A of 6 and 7; 7 W 1/2; and 8; F; 11-14 and 15 ex. A B & C; Pcl. X of 15 and 16; B; C ex. 56 ft., D & E of 16, and A and B of 15.
(vi)Block 6Lots 9 W 1/2; 9 E 1/2; 10 W 1/2; 10 E 1/2; 11; Pcl. A of E 30 ft. of 12 and Lot 12 ex. E 30 ft; Pcl. B of 12; A of 13; B of 13; 14 W 1/2; 14 E 1/2; 15 W 1/2; 15 E 1/2; 16.
(b)D.L. 541:
(i)Block 8Lots 1; 2; 3; 4; 5 and A of 6.
(ii)Block 9Lots A E 40 ft; A ex. E 40 ft; B.
(iii)Block 10Lots 1 & Pcl. A; 3 E. 20 ft; 4 and 5; 6 to 8; 9 and 10; 11 and 12; 13; 14 to 19.
(iv)Block 11Lots 1 and 2; 3 and 4; 5; 6; 7 to 9; A and B of 10 and 11; C of 10 and 11; 12 to 14 and A of 15 and 16.
(v)Block 12Lots 1 to 10.
(vi)Block 17Lots 1; 2 N. Pt; 2 centre 20 ft; 2 S. 21 1/2 ft; 3 Amd; 25.
(vii)Block 18Lots H; A – C; D; J.
(viii)Block 29Lots 15 ex. A; Pcl. R.
(c)D.L. 196:
(i)Block 1Lots 1; 2, 3 and 4 W. 13" and Adjg. Foreshore; 4 ex. W. 13", 5 ex. E. 13" and Foreshore Adjg.; Lot 5 E. 13" and 6 ex. R/W; 7 ex. R/W; 8 and 9 ex. R/W; 10 ex. R/W; 13; 14 to 16 ex. R/W; 17 to 19 and CPR R/W; 20 to 25 ex. R/W.
(ii)Block 2Lots 1 to 3; 4 and 5; 6; 7; 8; 9 and 10 and 11 ex. R/W; 11 & R/W.
(iii)Block 3Lots 22 to 26; 27 to 31.
(iv)Block 6Lots 22 to 26; 27 to 30.
(v)Block 7Lots 1; 2; 3 and 4 ex. R/W; 5 ex. R/W; 6 N. Pt; 7 and 8 N. Pt; Pt. of 4 to 10 (formerly CPR R/W); Pt. of 6 to 10 s/o former CPR R/W and 11; 12 to 16 and 17 to 21 s/o former R/W; Ptn. of A of 25; 25 ex. Pcl. A and S. 6" of 26; 26 ex. S.6"; 27 S. 42 ft; 27 ex. S 42 ft. and 28.
(vi)Block 8Lots 1 to 5 inc. R/W; 31; S. 1/2 of 32 to 34; N. 1/2; of 32 to 34.
(vii)Block 11Lots 9 to 10; 11 to 13; 14; 15; 16; 17; 18; 19; 20; 21; A B and C of 22 and 23.
(viii)Block 12Lots 1 to 4; 5 to 10; 11; 12; 13 and 14; 15; 16; 17 and 18; 19 and 20; 21; 22; 23; 24; 25 and 26.
(ix)Block 13Lots 1; 2; 3 and 4; 18 and 19; 20; 21 and 22; 23 to 25; 26 and 27; 28 and 29; 30; 31; A; B.
(x)Block 14Pcl. 1 of A; 1 of C; Lot 2 of C; 3 of C; 4 of C; 10 of B; 11 of B; 12 of B; 13 of B.
(xi)Block 15Lots 1 and 2 ex. S 1 ft; 24; 25; 26 and 27 Bal.; 27 incl. in ref. plan 450 and 28 and 29; 30; 31; 32; 33; 34; 35; 36 and 37; 38 and 39.
(xii)Block 16Lots 1 and 2 ex. S. 21 ft; 25; 26; 27; 28; 29; 30 to 32; 33; 34; 35; 36; 37.