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Community Charter

[SBC 2003] CHAPTER 26

Part 5 — Municipal Government and Procedures

Division 1 — Council Roles and Responsibilities

Council as governing body

114  (1) The members of a municipal council are the mayor and the councillors.

(2) Despite a change in its membership, the council of a municipality is a continuing body and may complete any proceedings started but not completed before the change.

(3) The powers, duties and functions of a municipality are to be exercised and performed by its council, except as otherwise provided under this or another Act, and a council, in exercising or performing its powers, duties and functions, is acting as the governing body of the municipality.

(4) A council has all necessary power to do anything incidental or conducive to the exercise or performance of any power, duty or function conferred on a council or municipality by this or any other enactment.

Responsibilities of council members

115  Every council member has the following responsibilities:

(a) to consider the well-being and interests of the municipality and its community;

(b) to contribute to the development and evaluation of the policies and programs of the municipality respecting its services and other activities;

(c) to participate in council meetings, committee meetings and meetings of other bodies to which the member is appointed;

(d) to carry out other duties assigned by the council;

(e) to carry out other duties assigned under this or any other Act.

Responsibilities of mayor

116  (1) The mayor is the head and chief executive officer of the municipality.

(2) In addition to the mayor's responsibilities as a member of council, the mayor has the following responsibilities:

(a) to provide leadership to the council, including by recommending bylaws, resolutions and other measures that, in the mayor's opinion, may assist the peace, order and good government of the municipality;

(b) to communicate information to the council;

(c) to preside at council meetings when in attendance;

(d) to provide, on behalf of the council, general direction to municipal officers respecting implementation of municipal policies, programs and other directions of the council;

(e) to establish standing committees in accordance with section 141;

(f) to suspend municipal officers and employees in accordance with section 151;

(g) to reflect the will of council and to carry out other duties on behalf of the council;

(h) to carry out other duties assigned under this or any other Act.

Duty to respect confidentiality

117  (1) A council member or former council member must, unless specifically authorized otherwise by council,

(a) keep in confidence any record held in confidence by the municipality, until the record is released to the public as lawfully authorized or required, and

(b) keep in confidence information considered in any part of a council meeting or council committee meeting that was lawfully closed to the public, until the council or committee discusses the information at a meeting that is open to the public or releases the information to the public.

(2) If the municipality suffers loss or damage because a person contravenes subsection (1) and the contravention was not inadvertent, the municipality may recover damages from the person for the loss or damage.

Size of council

118  (1) Unless otherwise provided by letters patent or by a bylaw under this section, the council size for municipalities must be as follows:

(a) for a city or district having a population of more than 50 000, the council is to consist of a mayor and 8 councillors;

(b) for a city or district having a population of 50 000 or less, the council is to consist of a mayor and 6 councillors;

(c) for a town or village, the council is to consist of a mayor and 4 councillors.

(2) For the purposes of this section, any change to a council size under subsection (1) is to be based on the population of the municipality as at January 1 in a general local election year and the change takes effect for the purposes of that election.

(3) A council may, by bylaw, establish the number of council members as a mayor and 4, 6, 8 or 10 councillors.

(4) If a bylaw under subsection (3) would

(a) reduce the number of council members, or

(b) maintain the current number of council members, despite an increase that would otherwise result under subsection (2),

it may only be adopted if it receives the assent of the electors.

(5) A bylaw under subsection (3)

(a) must be made at least 6 months before the next general local election, and

(b) does not become effective until that general local election.

(6) The size of council as established under subsection (3) applies despite any provision of a municipality's letters patent.

Term of office for council members

119  (1) Subject to subsections (2) to (4), the term of office for a council member elected at a general local election

(a) begins on the first council meeting date referred to in section 125 (1)[council meetings] that follows the election, and

(b) ends immediately before the first council meeting date referred to in section 125 (1) that follows the next general local election.

(1.1) Subject to subsections (3) and (4), the term of office for a council member appointed to office ends immediately before the first council meeting date referred to in section 125 (1) that follows the next general local election.

(2) A person who has delivered the oath or affirmation of office to the corporate officer in accordance with section 120 (5) takes office

(a) on the date referred to in subsection (1) (a), if delivery to the corporate officer is done before this time, and

(b) otherwise, at the time of delivery.

(3) For the purpose of maintaining continuity in the office of mayor, if the incoming mayor has not taken office on the date referred to in subsection (1) (a), the previous mayor continues to hold office until the successor has taken office.

(4) As a transitional measure, if, on the date referred to in subsection (1) (a), the number of incoming council members who have taken office is less than a quorum, until such a quorum has taken office the council consists of

(a) the previous councillors, who continue in office until that time,

(b) if applicable under subsection (3), the previous mayor, and

(c) the incoming council members who have taken office.

Oath or affirmation of office

120  (1) A person elected or appointed to office on a council must make an oath or solemn affirmation of office within the following applicable time limit:

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

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

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

(1.1) If a person referred to in subsection (1) does not make the required oath or solemn affirmation of office within the time limit established by that subsection, the person is disqualified 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

until the next general local election.

(2) A council may, by bylaw, establish the oath or solemn affirmation of office for the purposes of this section, which may be different for the office of mayor and the office of councillor.

(3) If no bylaw under subsection (2) applies, the oath or solemn affirmation of office to be made is that prescribed by regulation.

(4) The oath or solemn affirmation of office must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia, the corporate officer or the chief election officer.

(5) Before a person takes office as a council member, the person must produce the completed oath or affirmation, or a certificate of it, to the corporate officer.

Resignation from office

121  (1) A council member may only resign his or her office by delivering a written resignation to the council at a council meeting or to the corporate officer at any time.

(2) A resignation is effective

(a) from the date specified in the resignation, or

(b) if no date is specified, from the time the resignation is delivered to the council or corporate officer, as applicable.

(3) Once a resignation has been delivered under subsection (1), it may not be revoked.

Division 2 — Council Proceedings

Exercise of powers by bylaw or resolution

122  (1) A council may only exercise its authority by resolution or bylaw.

(2) If an enactment provides that a council is required or empowered to exercise a power by bylaw, that power may only be exercised by bylaw.

(3) If a council may exercise a power by resolution, that power may also be exercised by bylaw.

(4) An act or proceeding of a council is not valid unless it is authorized or adopted by bylaw or resolution at a council meeting.

General voting rules

123  (1) Unless otherwise provided, a motion on a bylaw or resolution, or on any other question before council, is decided by a majority of the council members present at the meeting.

(2) Each council member has one vote on any question.

(3) Each council member present at the time of a vote must vote on the matter.

(4) If a council member does not indicate how he or she votes, the member is deemed to have voted in the affirmative.

(5) If the votes of the members present at a council meeting at the time of the vote are equal for and against a motion, the motion is defeated.

(6) A requirement under an enactment for an affirmative vote of a specified portion of all members of a council means an affirmative vote of that portion of the number of members of which the council consists under section 118[size of council].

(7) The voting rules established by this section also apply to council committees.

Procedure bylaws

124  (1) A council must, by bylaw, establish the general procedures to be followed by council and council committees in conducting their business.

(2) Without limiting the matters that may be dealt with under this section, a council must, by bylaw, do the following:

(a) establish rules of procedure for council meetings, including the manner by which resolutions may be passed and the manner by which bylaws may be adopted in accordance with Division 3[Bylaw Procedures] of this Part;

(b) establish rules of procedure for meetings of council committees;

(c) provide for the taking of minutes of council meetings and council committee meetings, including requiring certification of those minutes;

(d) provide for advance public notice respecting the time, place and date of council committee meetings and establish the procedures for giving that notice;

(e) identify places that are to be public notice posting places for the purposes of section 94[public notice];

(f) establish the procedure for designating a person under section 130[designation of member to act in place of the mayor];

(g) establish the first regular council meeting date referred to in section 125 (1)[council meetings] as a day in the first 10 days of December following a general local election.

(3) A bylaw under this section must not be amended, or repealed and substituted, unless the council first gives notice in accordance with section 94[public notice] describing the proposed changes in general terms.

Council meetings

125  (1) The first regular council meeting following a general local election must be on the day set by procedure bylaw under section 124 (2) (g).

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

(3) After the first regular meeting, a council must meet

(a) regularly in accordance with the applicable procedure bylaw, and

(b) as it decides and as provided in this Act.

(4) A special council meeting is a council meeting other than a regular meeting or an adjourned meeting.

(5) Subject to subsection (7), if a council member is absent from council meetings for

(a) a period of 60 consecutive days, or

(b) 4 consecutive regularly scheduled council meetings,

whichever is the longer time period, the council member is disqualified from holding office in accordance with subsection (6).

(6) Disqualification under subsection (5) is disqualification 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

until the next general local election.

(7) The disqualification under subsection (5) does not apply if the absence is because of illness or injury or is with the leave of the council.

Calling of special council meetings

126  (1) The mayor may call a special council meeting in his or her discretion.

(2) Two or more council members may, in writing, request that the mayor call a special council meeting.

(3) Two or more council members may themselves call a special council meeting if,

(a) within 24 hours after receiving a request under subsection (2), no arrangements are made under subsection (1) for a special council meeting to be held within the next 7 days, or

(b) both the mayor and the person designated under section 130[designation of member to act in place of mayor] are absent or otherwise unable to act.

(4) If a special council meeting is called under subsection (3), the council members calling the meeting or the corporate officer must sign the notice under section 127[notice of council meetings] in place of the mayor.

Notice of council meetings

127  (1) A council must

(a) make available to the public a schedule of the date, time and place of regular council meetings, and

(b) give notice of the availability of the schedule in accordance with section 94[public notice] at least once a year.

(2) Subject to subsection (4), notice of a special council meeting must be given at least 24 hours before the time of meeting by

(a) posting a copy of the notice at the regular council meeting place,

(b) posting a copy of the notice at the public notice posting places, and

(c) leaving one copy for each council member at the place to which the member has directed notices be sent.

(3) The notice under subsection (2) must include the date, time and place of the meeting, describe in general terms the purpose of meeting and be signed by the mayor or the corporate officer.

(4) Notice of a special council meeting may be waived by unanimous vote of all council members.

Electronic meetings and participation by members

128  (1) If this is authorized by procedure bylaw and the requirements of subsection (2) are met,

(a) a special council meeting may be conducted by means of electronic or other communication facilities, or

(b) a member of council or a council committee who is unable to attend at a council meeting or a council committee meeting, as applicable, may participate in the meeting by means of electronic or other communication facilities.

(2) The following rules apply in relation to a meeting referred to in subsection (1):

(a) the meeting must be conducted in accordance with the applicable procedure bylaw;

(b) the facilities must enable the meeting's participants to hear, or watch and hear, each other;

(c) for a special council meeting referred to in subsection (1) (a),

(i)   the notice under section 127 (2)[notice of special meetings] must include notice of the way in which the meeting is to be conducted and the place where the public may attend to hear the proceedings that are open to the public, and

(ii)   except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the meeting at the specified place, and a designated municipal officer must be in attendance at the specified place;

(d) for a meeting referred to in subsection (1) (b), except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the participation of the member.

(3) Members of council or a council committee who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

Quorum for conducting business

129  (1) Subject to an order under subsection (3) or (4), the quorum is a majority of the number of members of the council provided for under section 118[size of council].

(2) The acts done by a quorum of council are not invalid by reason only that the council is not at the time composed of the number of council members required under this Act.

(3) If the number of members of a council is reduced to less than a quorum, the minister may either

(a) order that the remaining members of the council 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.

(4) The municipality may apply to the Supreme Court for an order under subsection (5) if, as a result of section 100[disclosure of conflict], the number of council members who may discuss and vote on a matter falls below

(a) the quorum for the council, or

(b) the number of council members required to adopt the applicable bylaw or resolution.

(5) On an application under subsection (4), the court may

(a) order that all or specified council members may discuss and vote on the matter, despite sections 100[disclosure of conflict] and 101 [restrictions on participation], and

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

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

Designation of member to act in place of mayor

130  (1) The council must, in accordance with its applicable procedure bylaw, provide for the designation of a councillor as the member responsible for acting in the place of the mayor when the mayor is absent or otherwise unable to act or when the office of mayor is vacant.

(2) If both the mayor and member designated under subsection (1) are absent from a council meeting, the members present must choose a member to preside.

(3) The member designated under subsection (1) or chosen under subsection (2) has the same powers and duties as the mayor in relation to the applicable matter.

Mayor may require council reconsideration of a matter

131  (1) Without limiting the authority of a council to reconsider a matter, the mayor may require the council to reconsider and vote again on a matter that was the subject of a vote.

(2) As restrictions on the authority under subsection (1),

(a) the mayor may only initiate a reconsideration under this section

(i)   at the same council meeting as the vote took place, or

(ii)   within the 30 days following that meeting, and

(b) a matter may not be reconsidered under this section if

(i)   it has had the approval of the electors or the assent of the electors and was subsequently adopted by the council, or

(ii)   there has already been a reconsideration under this section in relation to the matter.

(3) On a reconsideration under this section, the council

(a) must deal with the matter as soon as convenient, and

(b) on that reconsideration, has the same authority it had in its original consideration of the matter, subject to the same conditions that applied to the original consideration.

(4) If the original decision was the adoption of a bylaw or resolution and that decision is rejected on reconsideration, the bylaw or resolution is of no effect and is deemed to be repealed.

Authority of presiding member

132  (1) The mayor or the member presiding at a council meeting must preserve order and decide points of order that may arise, subject to an appeal under this section.

(2) On an appeal by a council member from a decision of the presiding member under subsection (1), the question as to whether the chair is to be sustained must be immediately put by the presiding member and decided without debate.

(3) As exceptions to section 123[general voting rules],

(a) the mayor or other presiding member may not vote on a motion under subsection (2),

(b) the motion passes in the affirmative if the votes are equal, and

(c) the mayor or other presiding member must be governed by the result.

(4) If the mayor or presiding member refuses to put the question under subsection (2),

(a) the council must immediately appoint another member to preside temporarily,

(b) that other member must proceed in accordance with subsection (2), and

(c) a motion passed under this subsection is as binding as if passed under subsection (2).

Expulsion from meetings

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

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

Authority to compel witnesses

134  (1) A council or council committee

(a) has power, under the signature of the mayor, to summon witnesses for examination on oath respecting matters related to the administration of the municipality, and

(b) has the same power to enforce the attendance of witnesses and compel them to give evidence as is vested in a court of law in civil cases.

(2) A member of council or the corporate officer may administer the oath to or take the solemn affirmation of a witness.

(3) A witness may be examined, cross examined and re-examined according to the rules and practice of the Supreme Court in civil cases.

Meetings and hearings outside municipality

134.1  (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 municipality:

(a) council meetings;

(b) council committee meetings;

(c) other public meetings conducted by or on behalf of the council or a council committee;

(d) council hearings that are required by law or authorized by an enactment;

(e) council proceedings in which a person is entitled under this Act to make representations to the council.

(2) A council 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 municipality;

(b) by resolution in a specific case, allow a meeting, hearing or other proceeding to be held outside the boundaries of the municipality.

Division 3 — Bylaw Procedures

Requirements for passing bylaws

135  (1) Before a bylaw is adopted by a council, it must be given 3 readings by the council.

(2) Subject to this section and the applicable procedure bylaw, a bylaw may be given up to 3 readings at one meeting of council.

(3) There must be at least one day between the third reading and the adoption of a bylaw.

(4) If this or another Act requires that a bylaw receive

(a) approval of the Lieutenant Governor in Council, a minister or the inspector, or

(b) approval of the electors or assent of the electors,

the approval or assent must be obtained after the bylaw has been given third reading and before it is adopted.

(5) If a bylaw is subject to both requirements referred to in subsection (4), the approval referred to in subsection (4) (a) must be obtained before the bylaw is submitted for the approval or assent referred to in subsection (4) (b).

(6) Once a bylaw is adopted,

(a) the council member presiding at the meeting at which it was adopted, and

(b) the corporate officer

must sign the bylaw.

When a bylaw comes into force

136  A bylaw comes into force on the later of

(a) the date it is adopted by council, and

(b) a date set by the bylaw.

Power to amend or repeal

137  (1) Unless otherwise provided,

(a) the power to adopt a bylaw under this or any other Act includes the power to amend or repeal such a bylaw,

(b) the included power to amend or repeal must be exercised by bylaw and is subject to the same approval and other requirements, if any, as the power to adopt a new bylaw under that authority, and

(c) a bylaw may include provisions that, at a future date set by the bylaw, amend or repeal the bylaw.

(2) A bylaw that requires approval of the electors or assent of the electors may be amended or repealed without that approval or assent if the minister approves and subject to any terms and conditions the minister considers appropriate.

Municipal codes and other general bylaws

138  (1) Unless otherwise provided, a council may, by a single bylaw, exercise any number of its powers to act by bylaw.

(2) A bylaw under subsection (1), or an equivalent bylaw created by consolidation under section 139 or revision under section 140, is subject to all requirements that would apply to the exercise of the powers by separate bylaws.

Consolidation of bylaws

139  (1) A council may, by bylaw, authorize the corporate officer to consolidate one or more of the bylaws of the municipality.

(2) In consolidating a bylaw, the corporate officer must

(a) incorporate in it all amendments that have been made to the bylaw, and

(b) omit any provision that has been repealed or that has expired.

(3) A printed document purporting

(a) to be a copy of a bylaw consolidated under this section, and

(b) to be printed by authority of the corporate officer

is proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of adoption of the original and all amending bylaws.

Revision of bylaws

140  (1) A council may, by bylaw, authorize the revision of all or any of the bylaws of the municipality in accordance with the regulations under this section.

(2) The Lieutenant Governor in Council may, by regulation, provide municipalities with an authority to revise their bylaws that is equivalent to the authority provided in relation to statutes under the Statute Revision Act, including regulations establishing the legal effect of the revised bylaws and providing for the correction of revision errors.

(3) As an exception to section 138 (2), a revised bylaw adopted in accordance with regulations under this section is deemed to be a bylaw that has been adopted as if all requirements respecting the approval and adoption of its provisions have been met.

Division 4 — Committees, Commissions and Other Bodies

Standing committees of council

141  (1) The mayor must establish standing committees for matters the mayor considers would be better dealt with by committee and must appoint persons to those committees.

(2) At least half of the members of a standing committee must be council members.

(3) Subject to subsection (2), persons who are not council members may be appointed to a standing committee.

Select committees of council

142  (1) A council may establish and appoint a select committee to consider or inquire into any matter and to report its findings and opinion to the council.

(2) At least one member of a select committee must be a council member.

(3) Subject to subsection (2), persons who are not council members may be appointed to a select committee.

Municipal commissions

143  (1) A council may establish and appoint a commission to do one or more of the following:

(a) operate services;

(b) undertake operation and enforcement in relation to the council's exercise of its authority to regulate, prohibit and impose requirements;

(c) manage property and licences held by the municipality.

(2) [Repealed 2012-29-50.]

Authority to rescind appointment

144  The authority to appoint under this Division includes the authority to rescind the appointment at any time and appoint another person in place of the person whose appointment was rescinded.

Application of procedure rules to other bodies

145  (1) Subject to subsection (2), the rules established by procedure bylaw respecting the taking of minutes at council committee meetings apply to meetings of other bodies referred to in section 93[application of open meeting rules to other bodies].

(2) The rules referred to in subsection (1) do not apply

(a) if a procedure bylaw provides for other procedures for the taking of minutes by one or more bodies referred to in that subsection,

(b) if the body is exempted by regulation, or

(c) to the extent they are modified by regulation.

Division 5 — Officers and Employees

Officer positions

146  A council

(a) must, by bylaw, establish officer positions in relation to the powers, duties and functions under sections 148[corporate officer] and 149 [financial officer],

(b) may, by bylaw, establish other officer positions, and

(c) may assign powers, duties and functions to its officer positions.

Chief administrative officer

147  A bylaw under section 146 may establish the position of chief administrative officer of the municipality, whose powers, duties and functions include the following:

(a) overall management of the operations of the municipality;

(b) ensuring that the policies, programs and other directions of the council are implemented;

(c) advising and informing the council on the operation and affairs of the municipality.

Corporate officer

148  One of the municipal officer positions 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 council and council committees are prepared and that the minutes, bylaws and other records of the business of the council and council committees are maintained and kept safe;

(b) ensuring that access is provided to records of the council and council committees, as required by law or authorized by the council;

(c) administering oaths and taking affirmations, affidavits and declarations required to be taken under this Act or any other Act relating to municipalities;

(d) certifying copies of bylaws and other documents, as required or requested;

(e) accepting, on behalf of the council or municipality, notices and documents that are required or permitted to be given to, served on, filed with or otherwise provided to the council or municipality;

(f) keeping the corporate seal, if any, and having it affixed to documents as required.

Financial officer

149  One of the municipal officer positions must be assigned the responsibility of financial administration, which includes the following powers, duties and functions:

(a) receiving all money paid to the municipality;

(b) ensuring the keeping of all funds and securities of the municipality;

(c) investing municipal funds, until required, in authorized investments;

(d) expending municipal money in the manner authorized by the council;

(e) ensuring that accurate records and full accounts of the financial affairs of the municipality are prepared, maintained and kept safe;

(f) exercising control and supervision over all other financial affairs of the municipality.

General employment matters

150  In the event of a conflict between terms and conditions of employment established by municipal bylaw, resolution or policy and those established by a contract of employment or collective agreement, the contract or agreement prevails.

Suspension of officers and employees

151  (1) The mayor must suspend a municipal officer or employee if the mayor considers this necessary.

(2) A suspension under subsection (1) must be reported to the council at its next meeting, and the council 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 officers

152  (1) Subject to a contract of employment and subject to providing the officer with an opportunity to be heard, the appointment of a municipal officer may be terminated by the council 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 only be made by the affirmative vote of at least 2/3 of all council members.

Prohibition against interfering with municipal officers and employees

153  A person must not interfere with, hinder or obstruct a municipal officer or employee in the exercise or performance of his or her powers, duties or functions.

Division 6 — Delegation

Delegation of council authority

154  (1) A council may, by bylaw, delegate its powers, duties and functions, including those specifically established by an enactment, to the extent provided, to

(a) a council member or council committee,

(b) an officer or employee of the municipality, or

(c) another body established by the council.

(2) As exceptions, a council 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 established by this or any other Act that the council give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter;

(d) a power or duty established by an enactment that the council hear an appeal or reconsider an action, decision or other matter;

(e) a power or duty to terminate the appointment of an officer;

(f) the power to impose a remedial action requirement under Division 12[Remedial Action Requirements] of Part 3.

(3) Despite subsection (1), a council may only delegate a power or duty to appoint or suspend an officer to its chief administrative officer.

(4) A council may not delegate under subsection (1) to a corporation.

(5) In exercising its powers under subsection (1), a council may establish any terms and conditions it considers appropriate.

Special rules respecting delegation of hearings and other proceedings

155  (1) This section applies to the delegation of

(a) council hearings that are required by law or authorized by an enactment, other than hearings referred to in section 154 (2) (d), and

(b) council proceedings in which a person is entitled under this Act to make representations to council.

(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;

(a.1) despite section 154 (1)[delegation of council authority], the delegation may be made by bylaw or resolution;

(b) the delegation may only be made to one or more council members;

(c) if a council decision is to be made following a delegated hearing or proceeding, the authority to make the decision may only be delegated to the council members to whom the matter is delegated;

(d) if a council decision referred to in paragraph (c) is not delegated under that provision, the council must not make the decision until the applicable council members report to the council the views expressed at the hearing or proceeding.

(3) For certainty, if a delegation has been made under this section, the council 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

156  (1) A council may, by bylaw, establish a right to have decisions delegated under this Division reconsidered by council.

(2) If

(a) a council delegates a power to make a decision, and

(b) in relation to that delegation, a provision of this or another Act, or a bylaw under subsection (1), establishes a right to have a delegated decision reconsidered by the council,

the council 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 council 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 7 — Other Matters

Municipal days of recognition

157  A council may declare, or the mayor may proclaim, a day of recognition that is to be observed in the municipality.

Freedom of the municipality

158  (1) A council may, by unanimous vote, confer freedom of the municipality on

(a) a distinguished person, or

(b) a distinguished unit of the armed forces of Canada or another nation.

(2) Unless the council revokes the honour, a person given freedom of the municipality or the commander of the armed forces unit, as applicable,

(a) is deemed to be an elector of the municipality and is eligible to be registered as such and to vote in an election for mayor or councillor, and

(b) despite any other enactment, if the person is a Canadian citizen, is deemed to be qualified to be nominated, be elected and hold office on the council.

Notice to municipality

159  If an enactment requires or permits

(a) notice to be given to a council or a municipality,

(b) a document to be served on a council or a municipality,

(c) a document to be filed with a council or a municipality, or

(d) a document to be delivered, sent, submitted or otherwise provided to a council or a municipality,

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 corporate officer.

Notice by municipality: obligation satisfied if reasonable effort made

160  If this or another Act requires a municipality, a council or a municipal 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.

Court order allowing substituted service

161  (1) If this or another Act requires a municipality, a council or a municipal officer or employee to serve a notice or other document on a person, that obligation may be met by serving the notice in accordance with an order under subsection (2).

(2) On application, the Supreme Court may order that a document referred to in subsection (1) may be served by substituted service in accordance with the order.

Certified copies of municipal records

162  The corporate officer must provide a copy of all or part of a record of the municipality, certified by the corporate officer, if

(a) the person requesting the copy pays the fee set by the council, and

(b) the person is entitled under the Freedom of Information and Protection of Privacy Act, or is otherwise permitted, to inspect the record or part for which the copy is requested.

Evidence of municipal bylaws and other records

163  (1) Judicial notice must be taken of municipal bylaws.

(2) A printed document purporting

(a) to be a copy of a municipal bylaw, and

(b) to be printed by authority of the council of the municipality

must be admitted in evidence as proof, in the absence of evidence to the contrary, of the bylaw and of the fact of its adoption.

(3) A copy of a bylaw, resolution or other record of a municipality certified by the corporate officer as a true copy of the original must be admitted in evidence as proof, in the absence of evidence to the contrary, of the bylaw, resolution or other record, without further proof of the record, of the signature or of the official position of the person signing the copy.

Contents  |  Part 1  |  Part 2  |  Part 3  |  Part 4  |  Part 5  |  Part 6  |  Part 7  |  Part 8  |  Part 9  |  Schedule