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B.C. Reg. 119/90
O.C. 524/90
Deposited March 30, 1990
This consolidation is current to September 19, 2017.

Islands Trust Act

Islands Trust Regulation

[includes amendments up to B.C. Reg. 469/2003]

Contents
1Interpretation
2Application
3Local trust area boundaries
4Land use in trust area
5Application and approval
5.1Vice chairpersons
6Election of executive committee
7Tied results
8Vacancies
9Local trust committee
10Conduct and remuneration of trust body members
11Application of Community Charter and Local Government Act to trust bodies
12–13.1Repealed
14Offence
15Spent
Schedule A

Interpretation

1  In this regulation:

"Act" means the Islands Trust Act;

"presiding officer" means the person who presides over the election of the executive committee;

"project" means construction or enlargement of a building or improvement.

Application

2  This regulation applies to the "trust area" as defined and described in the Act.

Local trust area boundaries

3  For the purpose of the Act, the boundaries of each local trust area are shown on the map in Schedule A.

Land use in trust area

4  (1) Section 32 of the Act does not apply, on a parcel of land that is within a local trust area but not within a municipality, to the construction of

(a) a dwelling unit, unless a dwelling unit already exists on the parcel,

(b) a recreational cottage not exceeding 400 square feet in floor area, unless a recreational cottage already exists on the parcel, and

(c) any structure accessory to a dwelling unit or recreational cottage.

(2) If approval for a project is required under section 32 of the Act or this regulation, the owner of the building or improvement shall not use or occupy the building or improvement, or permit the use or occupancy of the building or improvement, until an application for the project has been approved by the local trust committee.

Application and approval

5  An application made under section 32 of the Act for approval of a project shall include the following information:

(a) the name and address of the applicant or each applicant;

(b) the location by address or legal description of the parcel of land involved;

(c) the size of the parcel of land involved;

(d) a statement describing the proposed dimensions, number of stories and area in square feet of land to be occupied by the project;

(e) a statement describing the use and purposes of the project;

(f) a statement declaring the existence of and describing the use, dimensions, number of storeys and area of land occupied by any existing structure situated on the parcel of land involved;

(g) any other information that may be required by the chairperson of the local trust committee in relation to the application.

Vice chairpersons

5.1  The number of vice chairpersons of the executive committee is 3.

[en. B.C. Reg. 80/95, s. 1.]

Election of executive committee

6  (1) The chairperson of the executive committee must be elected before elections are held for vice chairpersons.

(2) No local trustee or municipal trustee shall, at one time, hold more than one office of chairperson or vice chairperson.

(3) For each election the presiding officer shall call for nominations and accept and record each nomination that is

(a) made by a local trustee or a municipal trustee, other than the nominee,

(b) seconded by a local trustee or a municipal trustee, other than by the nominee, and

(c) accompanied by an indication of the nominee's willingness to stand as a candidate.

(4) If only one nomination is accepted and recorded for a position, the nominated candidate is elected to that position by acclamation.

(5) After the recording of nominations and where an election by vote is required, the local trustees and municipal trustees shall, by majority vote of those present, elect a local trustee or municipal trustee who is not a candidate to assist the presiding officer in counting the votes.

(6) If there is no election by acclamation, the presiding officer shall prepare ballots showing all the candidates' names in alphabetical order and distribute them to the local trustees and municipal trustees.

(7) Voting is by secret ballot and proxy voting is not permitted.

(8) If positions of vice chairperson must be filled by election by ballot, the candidate receiving the highest number of votes and, if circumstances require to fill further vacancies, the candidate receiving the second highest number of votes and the candidate receiving the third highest number of votes respectively, are elected.

(9) The presiding officer shall announce the election of the successful candidate or candidates.

(10) When the election is completed, the ballots shall be destroyed.

[am. B.C. Reg. 80/95, s. 2.]

Tied results

7  (1) If there are 2 or more candidates for election as chairperson tied for the lead after a ballot, a further vote by secret ballot must be held with only the names of these candidates on the ballot.

(2) If the ballot under subsection (1) results in a further tie, the local trustee or municipal trustee elected under section 6 (5) to assist in counting the votes shall select a candidate by lot.

(3) If, after a ballot for election as vice chairperson 2 or more candidates are tied for a vacancy that cannot therefore be filled without holding a further ballot, a further vote by secret ballot must be held and the names on this ballot must only be those of the candidates who were tied.

(4) Subsection (2) applies if there is a further tie as a result of the further vote under subsection (3).

[am. B.C. Reg. 80/95, s. 3.]

Vacancies

8  If an office of the executive committee becomes vacant, the election under section 20 (7) of the Act of a local trustee or municipal trustee to serve the balance of the term shall be held within 90 days of the vacancy under section 6 of this regulation.

[am. B.C. Reg. 80/95, s. 4.]

Local trust committee

9  The member of the executive committee appointed under section 23 (3) (a) of the Act shall be the chairperson of the local trust committee.

Conduct and remuneration of trust body members

10  (1) In relation to their powers, duties and functions under the Act,

(a) Division 6 [Conflict of Interest] of Part 4 of the Community Charter applies to members of the trust council and trust fund board, and

(b) in addition to its application under section 6 (7) of the Act, Division 7 [Disqualification] of Part 4 of the Community Charter applies to municipal trustees.

(2) Section 282 (2) (e) [regulations] of the Community Charter applies in relation to subsection (1).

(3) Section 168 [reporting of council remuneration, expenses and contracts] of the Community Charter applies to the members of the trust council.

[en. B.C. Reg. 469/2003.]

Application of Community Charter and Local Government Act to trust bodies

11  (1) In this section, "trust body" means the trust council, the executive committee, a local trust committee and the trust fund board.

(2) The following provisions of the Community Charter apply as indicated:

Community Charter provisionapplies to
Division 3 [Open Meetings] of Part 4all trust bodies
section 95 (2) to (5) [public access to records]all trust bodies
section 97, other than subsection (1) (d) and (h)all trust bodies
section 122 (4) [validity of proceedings]the executive committee and the trust fund board
section 123 (1) to (5) and (7) [voting rules]all trust bodies
section 127 (2) and (3), other than subsection (2) (b), [notice of special meetings]all trust bodies
section 129 (4) to (6) [quorum]all trust bodies
section 132 [authority of presiding member]all trust bodies
section 133 [expulsion from meetings]all trust bodies
section 183 [investment of municipal funds]the trust council
section 184 [property accepted in trust]the trust council
Division 4 [Reserve Funds] of Part 6the trust council
Division 5 [Restriction on Use of Funds] of Part 6the trust council
section 282 (2) (c) and (f) [regulations]all trust bodies

(3) The following provisions of the Local Government Act apply as indicated:

Local Government Act provisionapplies to
section 198 (a) to (c) [corporate officer responsibilities]the secretary
section 236 [minutes of board meetings]all trust bodies
section 237 [minutes of board committee meetings]all trust bodies
section 260 [extended definition of "bylaw"]the trust council, the executive committee and the trust fund board
section 261 [validity of council proceedings]the trust council, the executive committee and the trust fund board
section 300 [self insurance]trust and trust fund
section 793 (8), (8.1) and (9) [voting on urgent issues]the executive committee and the trust fund board
section 794 (1) (a) and (b) [procedure bylaws]the executive committee and the trust fund board
section 794 (2) [procedure bylaws]the trust council, the local trust committees and the trust fund board
section 821 [revenue anticipation borrowing]the trust council
section 822 [short term capital borrowing]the trust council

(4) For the purposes of the application of the Community Charter or the Local Government Act to the trust or a trust body, a reference to a local government corporate officer is to be considered a reference to the secretary.

(5) For the purposes of the application of section 236 (1) (b) of the Local Government Act, the reference to the designated regional district officer is to be considered a reference to the person who records the minutes at the meeting.

(6) The trust council may, by bylaw, establish fees for obtaining copies of documents that are available for public inspection.

(7) For certainty, the application of section 821 and 822 of the Local Government Act to the trust council is subject to section 8 (3) [prior approval by minister] of the Islands Trust Act.

[en. B.C. Reg. 469/2003.]

Repealed

12–13.1  Repealed. [B.C. Reg. 469/2003.]

Offence

14  (1) A person who deliberately submits false or misleading information in an application under the Act or this regulation commits an offence.

(2) If an offence under the Act or this regulation is of a continuing nature, each day that the offence continues constitutes a separate offence.

Spent

15  Spent.

Schedule A

(Section 3)

[am. B.C. Reg. 279/99, s. 1]

Local Trust Area Boundaries

Note: Exempt from publication. The map may be inspected at the offices of the Ministry of Municipal Affairs, 800 Johnson Street, Victoria, B.C. V8W 9N7.

Note: this regulation replaces B.C. Regs. 136/87 and 271/81.

[Provisions of the Islands Trust Act, R.S.B.C. 1996, c. 239, relevant to the enactment of this regulation: section 53]