B.C. Reg. 261/2004
O.C. 549/2004
Deposited June 11, 2004

Local Government Act

Regional District Liabilities Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 97/2007, April 20, 2007]

Contents
 1 Definitions
 2 Certain types of agreement liabilities exempt
 3 Regional park and regional trail borrowing
 4 Drinking water protection orders — installation of treatment works
 5 Liquid waste management plans

Definitions

1  In this regulation:

"agreement liability" means a liability referred to in section 175 (1) [liabilities under agreements] of the Community Charter, as it applies to regional districts under section 819 [application of Community Charter provisions] of the Local Government Act;

"elector approval" means,

(a) in relation to an agreement liability, approval of the electors under section 175 (2) of the Community Charter as it applies to regional districts under section 819 of the Local Government Act, and

(b) in relation to a loan authorization bylaw, participating area approval under section 823.1 (1) [participating area approval required for some loan authorization bylaws] of the Local Government Act.

Certain types of agreement liabilities exempt

2  Elector approval for an agreement liability is not required unless the liability is one of the following:

(a) a liability of a capital nature, whether or not it is or includes a contingent commitment;

(b) a loan guarantee given by a regional district.

Regional park and regional trail borrowing

3  Elector approval is not required if

(a) the liability is borrowing for the purpose of a regional park or regional trail service of the regional district,

(b) the total of the outstanding amount of borrowing for the service and the amount proposed to be borrowed will not exceed the greater of

(i)   $5 million, and

(ii)   an amount equal to $5 per thousand dollars of net taxable value of land and improvements in the regional district, and

(c) the bylaw or resolution, as applicable, receives the consent of the participants as provided in section 802 (1) (b) of the Local Government Act.

Drinking water protection orders — installation of treatment works

4  Elector approval is not required if

(a) the liability is to be incurred for the purpose of complying with an order of a drinking water officer under the Drinking Water Protection Act that expressly requires the regional district to install treatment works, and

(b) the inspector of municipalities approves the proposed liability.

Liquid waste management plans

5  Elector approval is not required if the liability is to be incurred for the purpose of

(a) submitting a waste management plan under section 24 (2) of the Environmental Management Act for approval by the minister,

(b) preparing or revising, under the direction of the minister under section 24 (3) (a) of the Environmental Management Act, a waste management plan respecting the management of municipal liquid waste, or

(c) implementing all or part of, or an amendment to, a waste management plan approved by the minister under section 24 (5) of the Environmental Management Act respecting the management of municipal liquid waste, and

the inspector of municipalities approves the proposed liability.

[en. B.C. Reg. 97/2007.]

[Provisions of the Local Government Act, R.S.B.C. 1996, c. 323, relevant to the enactment of this regulation: sections 819 (1) and 823.1 (2)]