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This Act is current to July 11, 2018

Municipalities Enabling and Validating Act

[RSBC 1960] CHAPTER 261

Contents
1Title
2Interpretation
3Prior enactments not affected
4Power to make regulations
5General retroactive provision
6Former by-laws, etc., can be amended
7Validation of 1958 taxation procedures
7AValidation of 1960 elections
7BBusiness tax for 1965
7CLevy by certain municipalities for 1964 debentures
7DRedemption of debentures
7EBoundary Commissioner
7FExtension of tax penalty date
7GQualification of voters
7HExpropriation for airport purposes
8Certain revenue fund deficits validated
Cache Creek
8AFrontage tax for waterworks prior to March 27th, 1961
Cumberland
8BConveyance of school lot, Nelson District
8CArrears of taxes
Dawson Creek
9Letters Patent validated
Surrey
10Exchange of Robson Park
10ADyking assistance
10BAgreements between Surrey and Greater Vancouver Water District
10CFinancing of trunk sewers
10DUtilities
Alberni
11Validation of lease agreement
Burnaby
12Special powers re specified areas for sewers
13Accounting and control for special charges
14Inauguration of five-year capital expenditure programme
14AFurther financing
15Exception
16Municipal Act provisions apply
17Termination of powers
17AUse of surplus proceeds of debenture by-law
17BBorrowing
Castlegar
18Validation of extension of boundaries
18AVesting of land
18BLetters Patent
Coquitlam
19Validation of certain debenture by-laws
19AAssumption of part of local improvement cost
19BElection of school trustees
19CSewerage works
Fraser Mills
20Validation of election, 1958
Matsqui
20AAssessment rolls and notices
New Westminster
21Enabling powers for toll-bridge and guarantee for borrowing
22Management of toll-bridge
23Operation of and the fixing of charges for use of the bridge
24Treasurer may make advances
25Surplus of funds
26Municipal enterprise
27Separate accounts
28Definition of "capital cost"
29Action after debenture debt provided for
30Special policing powers
31Validation of previous Acts of Council
Oak Bay
31AWater-front property
Peachland
31BRepeater facilities
Port Alberni
32Power to enter into lease agreement
32ABy-law remains in force
Quesnel
33Validation
33AExtension of boundaries
Richmond
34General
35Control of other persons
36Limitation
37Saving provision re private access work
38Extensions into another municipality
39Saving provision, closing off of private access
40Access control
41Disposition of special levy
42Closing of an account
43Special powers for and acquisition of works
44Registration of title to and charges on real property pertaining to dyking and drainage systems
45No compensation
45AEffect of ss. 34 to 45
45BRepealed
45CDyking district lands
Trail-Tadanac
46Delegation of leasing powers
46AAmalgamation
Burnaby
47Temporary borrowing from Local Improvement Fund
Houston
48Validation of election
Port Moody
49Validation of agreement
49Agreement with British American Oil Company
Powell River
50Expropriation for airport purposes
50AAnnual rates by-law of Powell River
Victoria
51Parking-decks, malls, and boulevards
West Vancouver
52Removal of dedication
52ARemoval of restriction
53Indebtedness to Greater Vancouver Sewerage and Drainage District
53APark
Kamloops
54Agreements with corporations under National Housing Act
54ARelease of park from restrictions
New Westminster
55Board of Commissioners of Police
56Duty to tax for retirement of certain debentures
57Parking facilities
58Parking-deck
Penticton
59Sewerage works and services for specific areas
Chilliwhack
60By-law to require voter to vote for as many candidates as there are vacancies
60ADrainage system
Delta
61Dykes and drainage
Spallumcheen
62Taxing for special districts
Summerland
63Power to undertake irrigation-works
Salmo
64Vesting of park in village
Vancouver
65Conveyance of land
66Discharge of policemen
Delta
67Waterworks
68
68AAgreement with water district
68BNorth Delta sewer taxes
Mission City
69Local improvement by-laws
City of North Vancouver
69AAgreement confirmed
69BCity of North Vancouver agreement
69CReview of assessment rolls
69DTax sale
69EAgreement confirmed
District of North Vancouver
70Frontage and other taxes for certain sewers
70ALocal improvement
Sidney
71Submission of question
71ASewer rates and charges
71AValidation of annual rates by-law
Squamish
72Agreement
72APurchase of land
72BLetters Patent
72CProvision for extension of boundaries
Victoria
73Borrowing powers
74Elections
75Barber-shop closing
75AVictoria civic arena
75BSidewalk canopies
75CRemoval of restriction
75DPower to enter
75EBy-law validation
Kent
76Dyking and drainage
New Westminster
77Extension of boundaries
Greater Victoria
78Sewage-disposal study agreement
78ACentennial agreement
Princeton
79Sewerage charges
Saanich
80Vesting of lands
80AVesting of title
80BLands for waterworks
80CRegional park lease
80DFinancing of sewers
100 Mile House
81Bridge Creek Estate land
Nanaimo
82Taxation exemption
82ABus purchase and sale
82BApplication of section 75
Campbell River
83Amendment of Letters Patent
83ASupplementary Letters Patent
Stewart
84Extension of boundaries
Duncan and North Cowichan
85Quashing period
86Transition
Aennofield
87Validation of ballot
Gold River
88Current borrowing power
Invermere
89Validation of election
Masset
90Validation of election
90ABy-laws
Port Alice
91Provision for first election
Revelstoke
92Validation of agreement
Williams Lake
93Power to acquire land for development
Regional District of the Capital of British Columbia
94Waterworks and regional park
94ARegistration of title
Fort St. James
95Ratification of agreement
Nelson
96Waterworks extension
Port Hardy
97Vehicle licences
Prince Rupert
98Supplementary Letters Patent
Prince George
99Charges
Richmond
100Financing of trunk sewers
100AUtilities
Sparwood
101Letters Patent
101AQualification for office
Vanderhoof
102Statutory dates
Water Districts
103Fluoridation
103AService beyond boundaries
104Parks
105Repealed
City of Vancouver
106Removal of restriction
Central Kootenay
107Letters Patent
108Budget
Comox-Strathcona
109Supplementary Letters Patent
East Kootenay
110Effective date
Fraser-Burrard
111Financing
Gibsons
112Change of name
Greater Nanaimo Sewerage and Drainage District
113Membership
Midway
114Vehicle licences
Okanagan-Similkameen
115Supplementary Letters Patent
116Payment for services
Peace River
117Election
South Fort George
118Incorporation date
Thompson-Nicola
119Meeting of Board
New Westminster
120By-law
View Royal Fire Protection District
121Sewer study
Columbia-Shuswap
122Supplementary Letters Patent
Greater Vancouver Water District
123Agreement with City of Vancouver
Regional Districts
124Repealed
125Validation budget and rates by-laws
126Letters Patent
127By-law funds
128Tax penalty date
129Repealed
Borrowing By-laws
130Transitional
Regional Districts
131Transfer of Regional Planning Boards
132Repealed
Coquitlam
133Utilities
Duncan and New Westminster
134Sidewalk canopies
Fraser Mills-Coquitlam
135Provision for amalgamation
Kamloops
136Agreement
Nanaimo
137Lease
Okanagan Basin Water Board
138Provision for joint board
Saanich
139Land assembly and development
Surrey-White Rock
140Boundary study
Vancouver
141Moneys in lieu of taxes
142Repealed
Victoria
143Debenture issue
Greater Vancouver Regional District
144By-law No. 8
145Not in force
Lower Mainland Regional Planning Board
146Confirms Orders in Council
By-laws
147Validates by-laws
Capital Programmes
148Validates by-law
Campbell River
149Amends by-law
Campbell River Fire Protection District
150Approval
Courtenay
151Validates by-law
Duncan
152Validates agreement
Hudson's Hope
153Reduction in area
100 Mile House
154Validates by-law
Kitimat
155Provision to change corporate name
Matsqui, Sumas, Abbotsford
156Sewers
Nanaimo
157Powers under Div. (2), Part XVI
Port Alberni
158Validates by-laws
Port Hardy
159Exceptions
Prince Rupert
160Enables by-law adoption
Quesnel
161Enables increase of size of Council
Sumas
162Arena
Sunshine Coast Regional District
163Validates by-laws
Vancouver
164West End Community Centre
Vernon
165Validates agreement
Williams Lake
166Loan authorization by-law
Sewers
167Repealed
Kent
168Validates by-laws
Chilliwhack
169Amends Act
Delta
170Plans for land of B.C. Harbours Board
Fort St. James
171Borrowing
172Validation of assessment rolls
173Employment programmes
174Municipal Finance Authority of British Columbia Act not to apply
175Letters Patent
176Fire protection
177Validation of by-law
178Finance Authority appointments
Campbell River
179
Columbia Basin Water Board
180
Regional District of Comox-Strathcona
181
Cranbrook, Fernie, and Kimberley
182
Fraser Mills-Coquitlam
183
Greater Vancouver Regional District
184
Greater Vancouver Regional District Regional Parks
185
Houston
186
187Repealed
Nanaimo
188
Port Alberni
189
Port Hardy-Princeton-Tahsis
190
Salmon Arm
191
South Fort George
192
Vancouver
193Repealed
194-195Not enacted
Greenwood
196
Prince George
197
Surrey
198
199
Greater Vancouver Regional District
200
Thompson-Nicola Regional District
201
202Waiver of rates
203Repealed
204Repealed
Burnaby-Vancouver
205
Castlegar-Kinnaird
206
Central Saanich
207
North Saanich
208
Port Alberni
209
Prince Rupert
210
Revelstoke
211
District of Stewart
212
Sumas Drainage, Dyking, and Development District
213
Surrey-White Rock
214
Terrace
215
Vancouver
216
217
Alberni-Clayoquot
218
Burnaby
219
District of Campbell River
220
Regional District of Comox-Strathcona
221
222
Regional District of Nanaimo
223
Port Hardy
224
225Repealed
Chilliwhack
226
New Westminster
227
Comox-Strathcona
228
229Reorganizing municipalities
230Validating assessment rolls
Burnaby
231
232Greater Vancouver Water District and Sewerage and Drainage District
233Resort Municipality of Whistler
234Comox-Strathcona Letters Patent
235East Kootenay Letters Patent
City of Vancouver
236Refund of taxes paid by Canadian Pacific Limited for Pier B-C
237Pier B-C Development Board exemption from taxation
238Extension of borrowing power
City of Kelowna
239Bylaw may provide for private sewage collection
Regional District of Nanaimo
240Validation of payments to Exhibition Park
City of Prince George
241Validation of bylaw
242Not in force
Local Services Act
243Validation of zoning regulations
Ganges, Salt Spring Island
244Validation of Letters Patent
City of Port Moody
245Bylaw enabling
246Validation of land use contract
247Validation of agreement for waste disposal
248Authorization to levy charge
249North Vancouver Water District membership
250Repealed 2008-5-90.
251Metchosin validation
252Colwood validation
253Cariboo Regional District agreement validation
254Surrey validation
255Chetwynd Ice Arena validation
255.1Retroactive effect
256Quesnel sewer agreement validation
257Kamloops tax bylaw validation
258Richmond park land exchange
259Victoria Convention Centre lease exemption
260Kelowna Convention Centre lease exemption
261Powell River tax refund
262Port Moody bylaw enabling and validation
263Kitimat gas tax validation
264Central Kootenay — Enabling
265Elkford and Sparwood tax refunds
266Burnaby Official Community Plan validation
267Revelstoke dredging borrowing validation
268G.V.R.D. coordinated emergency telephone system
269Prince George water rates validation
270Fort Nelson-Liard and Peace River Regional Districts validation
271Esquimalt tax rate amendment validation
272Tumbler Ridge — validation of loan and authority to write off debt
273Okanagan-Similkameen Bylaw No. 908 validation
274Validation of specified area bylaws
275Cariboo and Thompson-Nicola joint library system
276Regional District of Nanaimo solid waste management
277City of Kelowna Curling Club lease
278Town of Smithers loan bylaw validation
279Town of View Royal incorporation validation
280Pacific Northern Gas franchise agreement
281City of Port Moody industrial sewer charges
282Vancouver — validation of bylaw
283Okanagan-Kootenay Sterile Insect Release Board
284Whistler Convention Centre and Whistler Golf Course

Title

1   This Act may be cited as the Municipalities Enabling and Validating Act.

1958-35-1.

Interpretation

2   This Act and any regulation passed under this Act, unless the context otherwise requires, shall be read in conjunction with and be considered an extension of the Municipal Act.

1958-35-2.

Prior enactments not affected

3   Nothing in this Act shall be construed as affecting the enactment of any public or private Act enacted prior to the first day of January, 1958.

1958-35-3.

Power to make regulations

4   For the purpose of carrying into effect the provisions of this Act according to their true intent, and of supplying any deficiency therein, the Lieutenant-Governor in Council may make such regulations as are considered necessary or advisable, and such regulations shall have the same force and effect as if enacted by this Act, and shall be published in the Gazette.

1958-35-4.

General retroactive provision

5   Each section of this Act is retroactive to the extent necessary to give force and effect to its provisions.

1959-57-2.

Former by-laws, etc., can be amended

6   Notwithstanding section 16 of the Interpretation Act, any by-law, order, or regulation which was passed or adopted under any of the Acts mentioned in sections 889 to 896, inclusive, of the Municipal Act, being chapter 42 of the Statutes of 1957, may be amended pursuant to and consistent with the Municipal Act, and shall not be deemed annulled by such amendment.

1958-35-5.

Validation of 1958 taxation procedures

7   With respect to the year 1958, no assessment roll, rates by-law, taxation roll, or by-law by which the annual budget was adopted, of any municipality, or any procedures involving them shall be deemed to be invalid or without lawful authority only because of non-compliance with required statutory dates.

1959-57-2.

Validation of 1960 elections

7A   Where through inadvertence the nomination-day in any municipality for the election of members of the Council in the year 1960 was held on the fifth day of December and the polling-day (if any) was held on the fifteenth day of December, the election so held is as valid as if the statutory dates had been complied with.

1961-45-2.

Business tax for 1965

7B   The statutory date of the thirtieth day of November, 1964, does not apply to by-laws adopted under section 427 of the Municipal Act for the purpose of imposing a business tax in and for the year 1965, if the by-law is adopted prior to the fifteenth day of May, 1965.

1965-30-2.

Levy by certain municipalities for 1964 debentures

7C   (1) This section applies only to The Corporation of the District of Kitimat, The Corporation of the District of North Cowichan, and The Corporation of the District of Powell River.

(2) Notwithstanding the provisions of the Municipal Act or any other Act, the Council may by by-law provide that personal property as defined in section 426a of the Municipal Act shall be improvements for the purpose of levying debt rates pursuant to clause (b) of subsection (1) of section 206 of the Municipal Act in respect of any debenture debts outstanding as at the thirty-first day of December, 1964, during the currency of any debentures issued under the by-laws authorizing the said debts.

(3) Debenture debts under subsection (2) include indebtedness of The Corporation of the District of Powell River incurred under section 247 of the Municipal Act and section 13 of the Powell River Incorporation Act, being chapter 108 of the Statutes of 1955, which are not chargeable to a specified area under the latter Act.

1965-30-2.

Redemption of debentures

7D   (1) After the last of any series of debentures issued pursuant to the District of Burnaby Debt Refunding Act, 1940, the District of Burnaby Debt Refunding Act, 1946, the City of Greenwood Debt Refunding Act, 1941–42, the City of North Vancouver Debt Refunding Act, the District of North Vancouver Debt Refunding Act, the City of Port Coquitlam Debt Refunding Act, 1941–42, the City of Port Moody Refunding Act, 1935, the City of Prince Rupert Refunding Act, 1935, and the Victoria City Debt Refunding Act, 1944, becomes redeemable, the Council of the municipality concerned may cause to be transferred in trust to the Minister of Finance the full amount of money required to redeem any debentures and interest coupons of such series unpresented for redemption.

(2) The Minister of Finance shall, upon presentation to the municipality of any unredeemed debentures referred to in subsection (1), pay to the municipality, upon the order of its Treasurer, the principal amount of the debentures together with the value of any interest coupons attached thereto.

(3) Upon the transfer to the Minister of Finance of the full amount of money required under subsection (1) for any such debentures, the said debentures shall be deemed to have been redeemed and fully paid for the purposes of the applicable Act aforesaid.

1965-30-2.

Boundary Commissioner

7E   (1) This section applies only with respect to municipalities within the Regional Districts of Fraser-Cheam, Fraser-Burrard, Dewdney-Alouette, and Central Fraser Valley.

(2) Notwithstanding the Municipal Act or any other Act, the Lieutenant-Governor in Council may by Order appoint a Commissioner to determine and redefine the boundaries of any municipality deemed by such Order to be uncertain, and upon such determination being approved by the Minister, the Lieutenant-Governor in Council may by supplementary Letters Patent redefine the boundaries of the municipality accordingly.

1968-35-2.

Extension of tax penalty date

7F   The following by-laws are not invalid with respect to their application in the year 1967 by reason only that they were adopted after the time prescribed in subsection (2) of section 384 of the Municipal Act: District of Hudson's Hope By-law No. 47 cited as "Percentage Additions By-law No. 47"; District of Squamish By-law No. 253 cited as "Percentage Addition Extension By-law No. 249, 1967, Amendment By-law No. 253, 1967"; District of Port Hardy By-law No. 15 cited as "Percentage Addition By-law"; Town of Castlegar By-law No. 325 cited as "The Corporation of the Town of Castlegar to designate dates for percentage additions upon current taxes for 1967."

1968-35-2.

Qualification of voters

7G   Notwithstanding the provisions of the Municipal Act, any person who was a resident in, or the owner of land in, the District of Gold River, the District of Mackenzie, the District of Port Alice, or the Village of Fraser Lake, as the case may be, one month prior to the thirty-first day of October, 1967, was qualified to have his name entered upon the list of electors of the relevant municipality provided he was otherwise qualified.

1968-35-2.

Expropriation for airport purposes

7H   Subject to Division (4) of Part XII of the Municipal Act, the Council of The Corporation of the City of Grand Forks, the City of Kelowna, or The Corporation of the City of Revelstoke may by by-law expropriate, without the municipality, any real property, or any interest therein, required for airport purposes.

1968-35-2.

Certain revenue fund deficits validated

8   The creation of a deficit or portion thereof in the general revenue fund operations of any municipality in and for the year ending on the thirty-first day of December, 1958, by the participation of the municipality in the Municipal Winter Works Incentive Programme of the Government of Canada shall not be construed as a violation of the provisions of subsection (1) of section 247 of the Municipal Act, but such deficit or portion thereof shall be a first charge upon the general revenue of that municipality for the year 1959 and shall be included as an expenditure for recovery in the annual budget for the year 1959.

1959-57-2.

Cache Creek

Frontage tax for waterworks prior to March 27th, 1961

8A   Notwithstanding section 317 of the Municipal Act, Division (3) of Part IX of that Act applies to the Local District of Cache Creek, and all acts and things done by the Council or by the Commissioner of that municipality prior to the enactment of this section relating to the imposition of a frontage tax for waterworks purposes are valid and are deemed to have been within the powers of the said municipality.

1961-45-3.

Cumberland

Conveyance of school lot, Nelson District

8B   (1) Notwithstanding the conditions of any Crown grant, the provisions of the Public Schools Act or any other Act, The Corporation of the Village of Cumberland may grant and convey to the Board of School Trustees of School District No. 71 (Courtenay) all the right, title, and interest of the former City of Cumberland in and to all that parcel or lot of land situate in Nelson District and known as "School Lot and School Addition, Nelson District," as registered in Absolute Fees Book, Volume 20, Folio 43, Numbers 6188c and 6189c.

(2) The Registrar of the Victoria Land Titles District may accept for registration, free from any condition or trust, any such conveyance.

1961-45-3; 1978-25-333.

Arrears of taxes

8C   Taxes in arrear imposed under section 8a shall be deemed to be delinquent real-property taxes imposed under the Taxation Act.

1962-43-2.

Dawson Creek

Letters Patent validated

9   In order to remove any doubt or uncertainty whatsoever, the Letters Patent of The Corporation of the City of Dawson Creek and the Order in Council authorizing their issue on the thirtieth day of December, 1957, are hereby declared to be confirmed and validated.

1958-35-6.

Surrey

Exchange of Robson Park

10   Notwithstanding the Municipal Act, the Council of The Corporation of the District of Surrey is empowered to do all the necessary acts and things required to exchange the property presently known and dedicated as Robson Park and described as Lot 3 of Section 32, Block 5 north, Range 2 west, New Westminster District, as shown on Plan 9881 on file in the Land Titles Office, New Westminster, for the property described as Parcel F of Lot B, Block 1 of Section 32, Block 5 north, Range 2 west, New Westminster District, Plan 5671, as shown on Reference Plan 15643 on file in the Land Titles Office, New Westminster, and Lot C of Section 32, Block 5 north, Range 2 west, New Westminster District, as shown on Plan 18038 on file in the Land Registry Office, New Westminster, and Lot B of Section 32, Block 5 north, Range 2 west, New Westminster District, as shown on Plan 18258 on file in the Land Titles Office, New Westminster, providing that the property acquired by the exchange is dedicated by by-law as a park to be known as "Robson Park."

1958-35-8; 1978-25-334.

Dyking assistance

10A   The Corporation of the District of Surrey shall be deemed to have had full power and authority to grant aid to the Surrey Dyking District in the year 1962 and in any previous year, and the making of such grants and the procedures followed in so doing are declared to have been validly exercised.

1963-30-2.

Agreements between Surrey and Greater Vancouver Water District

10B   Notwithstanding any requirement of the Municipal Act, the Greater Vancouver Water District Act, and any other Act, the agreement entered into between The Corporation of the District of Surrey and the Greater Vancouver Water District on the twenty-eighth day of December, 1961, and the agreement entered into between The Corporation of the District of Surrey and the Greater Vancouver Water District on the thirty-first day of January, 1962, are valid and binding on The Corporation of the District of Surrey and the Greater Vancouver Water District, whether the same would otherwise be ultra vires of either or both of the corporations or not; and the respective parties to the agreements may carry out and give full force and effect to every covenant, agreement, stipulation, condition, and provision in the agreements, according to the terms thereof; and everything done by the Greater Vancouver Water District under and by virtue of the agreements is and shall be deemed to be for the purpose of the undertakings authorized by the Greater Vancouver Water District Act; and any indebtedness of The Corporation of the District of Surrey under and by virtue of the agreements shall be excluded from the general debt of the municipality in determining its borrowing powers and shall not be deemed to be an indebtedness of the municipality for the creation of debts by the issue of debentures or otherwise.

1962-43-3.

Financing of trunk sewers

10C   (1) Notwithstanding any provision of the Municipal Act, the Council of The Corporation of the District of Surrey (hereinafter referred to as the "Corporation") may adopt, without the assent of the owner-electors, by-laws

(a) for the purpose of the construction of a system of trunk sewerage-works for the collection, conveyance, and disposal of sewage, including, without limiting the generality of the foregoing, forcemain sewers and their pump-houses and such ancillary drainage-works for the impounding, conveying, and discharging of surface and other waters, as are necessary for the proper laying-out and construction of the said system of sewerage-works; and the total amount to be raised annually for the retirement of debt (including principal and interest) incurred for such works shall be levied and raised by a mill rate on the taxable assessed values for general purposes of land only of all real property within the area to be benefited, as defined by the Greater Vancouver Sewerage and Drainage District, save for land defined by any by-law of the Corporation now or hereafter as agricultural land, or such lesser area as the Council may from time to time define by by-law; and

(b) for the purpose of constructing lateral sewerage-works for the collection, conveyance, and disposal of sewage, including, without limiting the generality of the foregoing, such manholes and connecting drains as it deems necessary; and the amount required annually for the retirement of debt (including principal and interest) incurred for such works may be raised by the imposition of rates and charges pursuant to section 532 of the Municipal Act;

and the amount required for the operation and maintenance of the works referred to in clauses (a) and (b) may be raised in the manner provided in clause (b).

(2) Clause (b) of subsection (1) of section 253 of the Municipal Act applies with respect to borrowing money for the construction of sewers and sewerage-works pursuant to this section.

1968-35-2.

Utilities

10D   (1) Subject to subsection (2), where, in the opinion of the Council of The Corporation of the District of Surrey (hereinafter called the "Corporation"), it is not possible or desirable to install public utilities in, on, or over streets or lanes, the Council may from time to time, for the purpose of providing such public utilities,

(a) determine and define the location and extent of

(i) the land within the municipality on, over, or under which the utilities shall pass; and

(ii) what other land within the municipality shall be required for access to and from the aforesaid lands to construct, repair, and maintain the utilities adequately; and

(b) prepare, or cause to be prepared, a plan or plans showing to the satisfaction of the Registrar of the New Westminster Land Titles District the location and extent of the lands so determined and defined by the Council and whether the said lands will be used for the utilities or only for access thereto and therefrom.

(2) This section applies only where the land on, over, or under which the utilities shall pass is capable of being directly connected to the utility works to be installed on, over, or under that land.

(3) Notwithstanding anything contained in paragraph (i) of clause (a) of subsection (1), the Council of the Corporation shall not include any land on, over, or under which utilities are to pass where such land is more than 3 m from the nearest registered property-line, measured at right angles to such line, without first having applied to the Board of Variance established pursuant to section 708 of the Municipal Act for an adjudication as to the necessity of the Corporation determining and defining such land pursuant to this section, and whether or not such determination causes undue hardship to the owner concerned. Where the Board is satisfied that the proposed easement is necessary and no undue hardship will be caused, it shall so certify. The Board of Variance is empowered to so adjudicate, and an appeal lies to a Judge of the County Court from the decision of the Board.

(4) Before adjudicating on the merits of the Corporation's application, the Board of Variance shall first have satisfied itself that the Corporation has caused written notice of the time, place, and nature of the proposed adjudication to be served upon the persons who are owners (as defined in the Municipal Act ) of the lands affected, and service of such notice shall be deemed sufficient if sent at least two weeks before the adjudication by registered mail to such persons in accordance with section 401 of the Municipal Act.

(5) The costs and incidental expenses of causing written notice to be given pursuant to subsection (4) shall be borne by the Corporation.

(6) The plan or plans shall be

(a) certified by the Mayor and Clerk of the Corporation as having been made pursuant to and in accordance with a determination and definition of the Council under this section; and

(b) certified by the Chairman of the Board of Variance where an adjudication made pursuant to subsection (3) has upheld in whole or in part the Corporation's application, and that no undue hardship is caused thereby;

and upon deposit of the plan or plans in the land titles office for the New Westminster Land Titles District, the Corporation shall, in respect to the lands shown on the plan, be entitled to,

(c) in the case of land to be used for the utilities, the rights set forth in Part I of the Schedule hereto; and

(d) in the case of land required for access to and from the utilities, the rights set forth in Part II of the Schedule hereto,

as if the said rights had been granted to the Corporation by the owner or owners of the said lands and of all interests therein, save and except the Crown; and upon compliance with the Land Titles Act, the Registrar of the said land titles district shall register the said rights against the said lands as a charge by way of right-of-way without any further grant or instrument or the production of the duplicate certificate of title to the said lands.

(7) The determination and definition of any lands by the Council as aforesaid shall be conclusive and binding on all persons except the Crown owning or having an interest in the lands, and upon registration of the said rights the same shall take priority over all other interests and charges registered against the lands except those registered in the Crown.

(8) For the purpose of this section, the words "public utility" and "utility," or the plural thereof, include, without limiting the generality thereof, sewers and sewerage.

(9) Nothing in this Act shall be deemed to limit the right of the Corporation, pursuant to the expropriation provisions of the Municipal Act, to acquire any interest in land which it otherwise would have had the right to acquire.

(10) The Corporation shall not be required to make or pay any compensation for or in respect to the rights acquired under this section or anything done thereunder except the actual cost of repairing, replacing, or relocating any fence, building, shrub, garden plant, or other improvement which may be damaged, destroyed, or moved by the Corporation in the exercise of any rights acquired by it under this section.

(11) The owner or owners of the lands on, over, or under which the Corporation shall have acquired any rights under this section shall not do or permit to be done on the said lands any of the acts, deeds, or things set forth in Part III of the Schedule hereto, and the Corporation shall observe and perform, and shall cause to be observed and performed, the conditions, stipulations, and things set forth in Part IV of the Schedule hereto.

(12) The Lieutenant-Governor in Council may make rules and regulations not inconsistent with this section in respect to the aforesaid plan or plans and other matters contained in subsections (1), (10), and (11).

Schedule
Part I.— Rights on, over, or under Lands to Be Used for the Utilities
For the Corporation by its servants, agents, licensees, and workmen to enter and re-enter upon the said lands and to cut down, trim, and remove trees, shrubs, plants, fences, buildings, and other improvements and things growing, placed, constructed, or otherwise upon the said lands and to construct, repair, replace, maintain, and keep up sewers, drains, water and gas mains, electric, communication, and telephone lines, and other public utilities, and all works and things required in connection therewith.
Part II.— Rights on, over, and under Lands Required for Access to the Utilities
For the Corporation by its servants, agents, licensees, or workmen to enter and re-enter and pass and repass on and over the said lands with or without vehicles, machinery, instruments, and tools for the purpose of exercising the rights set forth in Part I of this Schedule.
Part III.— Acts Not to Be Done by the Owners
The owners shall not build, erect, or place upon the said lands anything that will interfere with the rights of the Corporation on, over, or under the said lands, or any works, vehicles, equipment, instruments, tools, or utilities taken, placed, left, or constructed upon the said lands.
Part IV.— Conditions and Stipulations to Be Performed and Observed by the Corporation
The Corporation shall not unnecessarily damage, remove, or destroy any tree, shrub, plant, fence, building, improvement, or other thing upon the said lands, and will erect and maintain proper safeguards about its works and will remove all rubbish and debris from the said lands as soon as possible.

1968-35-2; 1977-53-1; 1978-25-333 to 335.

Alberni

Validation of lease agreement

11   It is declared lawful and within the powers of the Corporation of the City of Alberni to have entered into a lease with MacMillan & Bloedel (Alberni) Limited for the acquisition of those certain pieces, parcels, or tract of land and premises known as part of Lot 2, part of Lot 5, and part of Lot 6, Alberni District, according to the indenture made between the said company and the said city.

1959-57-3.

Burnaby

Special powers re specified areas for sewers

12   (1) Notwithstanding the provisions of any by-laws of The Corporation of the District of Burnaby (hereinafter called the "Corporation") in respect of sanitary sewers or combined sanitary and storm sewers under which debts are presently owing by the Corporation to the Greater Vancouver Sewerage and Drainage District under agreements entered into pursuant to the Greater Vancouver Sewerage and Drainage District Act, or under which debentures of the Corporation are presently outstanding, the Council of the Corporation may, by by-law with the assent of the owner-electors, provide

(a) that from a specified date no levies shall be imposed, raised, or levied under the terms of the said by-laws;

(b) that from the said specified date the requisite sums required to be raised under the said by-laws in respect of the said sanitary sewers and combined sanitary and storm sewers shall be levied and raised by way of real-property taxes in each year by a rate, over and above all other rates on all the taxable land and improvements in the Corporation, at the same time and in the same manner as other rates, sufficient to make up any known or anticipated deficiency in the amounts raised or to be raised by sewer-connection charges, frontage taxes, sewer rentals, or any other special rates, charges, or taxes imposed by the Corporation for the annual payment of interest on and for the repayment of the principal of the said debts owing and said debentures outstanding.

Storm-sewers portion of costs

(2) The provisions of subsection (1) shall not affect the sharing of the costs under any of the said by-laws as between the owners and the Corporation at large in respect of any combined sanitary and storm sewers.

Special rates for other than debt

(3) The provisions of subsection (1) shall not act to bar the Council from including amounts required for the annual estimated expenses of management, maintenance, and operation of the said sanitary sewers or for the estimated annual cost of extensions, renewals, and improvements to the said sanitary sewers in any special rates, charges, or taxes imposed therefor.

1959-57-4.

Accounting and control for special charges

13   The Treasurer of the Corporation shall keep all revenues from sewer-connection charges, frontage taxes, sewer rentals, and any other special rates, charges, or taxes in respect of the said sanitary sewers or combined sanitary and storm sewers in a special account, separate and distinct from all other accounts of the Corporation, and shall use the said revenues to the extent available, first, for the payment of principal and interest on debentures of the Corporation issued in respect of the said sanitary sewers or combined sanitary and storm sewers and for payments required to be made to the Greater Vancouver Sewerage and Drainage District under agreements entered into pursuant to the Greater Vancouver Sewerage and Drainage District Act in respect of the said sanitary sewers or combined sanitary and storm sewers; second, for payment of the expenses of management, maintenance, and operation of the said sanitary sewers or combined sanitary and storm sewers; and, third, for payment of the cost of extensions, renewals, and improvements to the said sanitary sewers or combined sanitary and storm sewers.

1959-57-3.

Inauguration of five-year capital expenditure programme

14   (1) Instead of submitting, under the Municipal Act, for the assent of the owner-electors a by-law providing for contracting debts by borrowing or otherwise, the Council of the Corporation may by by-law submit for the assent of the owner-electors a question substantially in the following form:—

Are you in favour of the Council of The Corporation of the District of Burnaby without further assent of the owner-electors at any time or from time to time within five years from             [being a date determined by the Council] contracting debts by borrowing or otherwise, not to exceed in the aggregate the amount of seven million dollars, for the purpose of constructing, reconstructing, extending, renewing, and improving the sanitary sewerage system and the drainage system of the Corporation?

Borrowing therefor

(2) Notwithstanding section 247 or clause (e) of section 251 of the Municipal Act or section 7 of the Greater Vancouver Sewerage and Drainage District Act, when the assent of the owner-electors has been given in response to a question authorized by subsection (1), the Council may thereafter, at any time or from time to time within the period specified and without further assent of the owner-electors, adopt a by-law or by-laws providing for the contracting of debts by the issue and sale of debentures or otherwise in such amounts, not exceeding in the aggregate the said amount of seven million dollars, as the Council of the Corporation may deem necessary for any or all of the purposes named in the said question.

1959-57-3.

Further financing

14A   For the purpose of completing the sewerage and drainage systems of the Corporation, started before the enactment of this provision and financed as provided for under section 14, the Council may borrow a further sum or sums not exceeding in the aggregate six million five hundred thousand dollars under the provisions of clause (b) of section 253 of the Municipal Act without the requirement of having a certificate of self-liquidation in respect of such systems.

1964-34-2.

Exception

15   The exercise of the powers granted under section 14 for contracting debts without the further assent of the owner-electors shall not act to bar the Council of the Corporation from exercising any powers granted under the Municipal Act or the Greater Vancouver Sewerage and Drainage District Act.

1959-57-3.

Municipal Act provisions apply

16   The exercise of any of the powers under sections 12 to 14, inclusive, shall not act to relieve the Council of the Corporation from any other requirement of the Municipal Act or any other Act, except to the extent as provided under such sections.

1959-57-3.

Termination of powers

17   The powers granted under section 14 are exhausted when the principal amounts of the debts so contracted amount in the aggregate to the sum of seven million dollars.

1959-57-3.

Use of surplus proceeds of debenture by-law

17A   Where debentures are issued by The Corporation of the District of Burnaby pursuant to a debenture by-law adopted under section 606 of the Municipal Act and there is a surplus over and above the amount required for the purposes of the construction by-laws referred to in the debenture by-law,

(a) in addition to exercising the powers under subsection (2) of section 604 of the Municipal Act, the Council may, by by-law approved by the Inspector of Municipalities, appropriate a part or all of the surplus for the purpose of a subsequent construction by-law, and in that event the amounts to be specially charged against parcels of land and payable by the Corporation under the subsequent construction by-law shall include the amount appropriated together with interest thereon at the rate prescribed in the debenture by-law; and

(b) section 606 of the Municipal Act applies mutatis mutandis.

1963-30-3.

Borrowing

17B   (1) Notwithstanding subsection (1) of section 247 of the Municipal Act, the Council of The Corporation of the District of Burnaby may, with the approval of the Inspector of Municipalities, by by-law or by-laws adopted without the assent thereto of the owner-electors, provide for contracting a debt or debts for the purpose of constructing and equipping a building or buildings for the administration of justice and related facilities.

(2) The provisions of paragraphs (i) and (ii) of clause (a) of subsection (1) of section 253 of the Municipal Act apply, mutatis mutandis, to a by-law adopted under subsection (1).

1965-30-2.

Castlegar

Validation of extension of boundaries

18   The supplementary Letters Patent extending the boundaries of The Corporation of the Village of Castlegar, issued under authority of Order in Council No. 1330, approved on the fourth day of June, 1958, are hereby declared valid and binding.

1959-57-3.

Vesting of land

18A   The lands, the title to which are registered in the Nelson Land Registry Office under Certificate of Title No. 74790i, are vested in The Corporation of the Village of Castlegar, free from any trust or condition but otherwise subject to the exceptions and reservations contained in the original grant from the Crown, and the Registrar of the Nelson Land Registration District may, upon

(a) being advised by the Public Utilities Commission that it has no objection;

(b) production of a copy of this Act; and

(c) compliance with the Land Registry Act,

issue to that Corporation a certificate of indefeasible title to the said lands, free from any trust or condition but subject to the exceptions and reservations contained in the original grant from the Crown. No fees are payable on the application under items 5 and 6 of the Scale of Fees, Second Schedule, of the Land Registry Act.

1965-30-2.

Letters Patent

18B   The supplementary Letters Patent extending the boundaries of the Town of Castlegar, issued the twenty-eighth day of December, 1967, pursuant to Order in Council No. 3919/67, are confirmed and validated as of the date of issue.

1968-35-2.

Coquitlam

Validation of certain debenture by-laws

19   Notwithstanding the requirements of the Municipal Act or of any other Act, By-law No. 907, cited as "The District of Coquitlam Local Improvement Consolidation Debenture By-Law No. 907, 1959," and By-law No. 910, cited as "The Corporation of the District of Coquitlam Local Improvement Consolidation Debenture By-Law No. 910, 1959," and By-law No. 911, cited as "The Corporation of the District of Coquitlam Local Improvement Consolidation Debenture By-Law No. 911, 1959," all of The Corporation of the District of Coquitlam, are declared in all respects good and valid by-laws and within the powers of the Council to enact.

1959-57-3.

Assumption of part of local improvement cost

19A   (1) Notwithstanding the provisions of section 617 of the Municipal Act, the Council of The Corporation of the District of Coquitlam may by by-law provide that the Corporation assume fifty per centum of the annual costs levied or to be levied under the provisions of "The Corporation of the District of Coquitlam Pipeline Road Paving and Loan By-law No. 1098, 1963," as amended, and forty per centum of the annual costs levied or to be levied under the provisions of "The Corporation of the District of Coquitlam Coast Meridian Road Paving and Loan By-law No. 1125, 1964," as amended.

(2) A by-law adopted under this section shall be deemed to have come into force and effect on the first day of January, 1965.

1966-34-2.

Election of school trustees

19B   (1) Notwithstanding the provisions of subsection (2) of section 115 of the Municipal Act, a petition pursuant to the said section 115 to have the election of school trustees elected at the annual election in the year 1965 in The Corporation of the District of Coquitlam declared invalid may be filed within ten days from the date upon which this Act comes into force and effect.

(2) In the event that the election referred to in subsection (1) is adjudged invalid, every by-law, contract, or other proceeding adopted, entered into, or taken by the Board of School Trustees prior to the adjudication is, if otherwise within the jurisdiction and powers of the Board, hereby declared to be valid.

1966-34-2.

Sewerage works

19C   (1) Notwithstanding any provision of the Municipal Act or by-law of the municipality adopted pursuant to Division (2) of Part XVI, the Council of The Corporation of the District of Coquitlam may, by by-law, without the assent of the owner-electors, provide that all specified areas for sewerage works established, extended, and merged pursuant to that Division are merged and the area extended to include the entire municipality and establish a municipal enterprise including all the sewerage works of the municipality and sewerage-works hereafter constructed.

(2) Such portion of the annual requisition on the municipality by the Greater Vancouver Sewerage and Drainage District, for sanitary sewerage purposes (other than charges pursuant to subsection (3) of section 7 of the Greater Vancouver Sewerage and Drainage District Act ) as the Council may from year to year determine, may be charged to the general revenue of the municipality if the charge on the general revenue does not exceed the product of four mills on the assessed value of all land and improvements taxable for general purposes.

(3) In each of the years 1967 to 1971, inclusive, such portion of the annual cost of the construction, operation, and maintenance of the said municipal enterprise as the Council may determine, may be charged to the general revenue of the municipality if the charge to general revenue together with the charge under subsection (2) does not exceed the product of four mills on the assessed value of all land and improvements taxable for general purposes.

(4) The provisions of section 253 of the Municipal Act apply to the said municipal enterprise as if a certificate of self-liquidation had been granted therefor.

1967-30-2.

Fraser Mills

Validation of election, 1958

20   The election of Councillors at the annual municipal election for The Corporation of the District of Fraser Mills held in December, 1957, and the membership of the Council as thereby constituted is confirmed, and the actions and things done by the said Council, if within the powers granted to a district municipality, are declared lawful.

1959-57-3.

Matsqui

Assessment rolls and notices

20A   With respect to the years 1961 and 1962, no real-property assessment roll, assessment notice, or Court of Revision of The Corporation of the District of Matsqui, or any procedures involving them, shall be deemed to be invalid or without lawful authority only because of non-compliance with required statutory dates.

1962-43-4.

New Westminster

Enabling powers for toll-bridge and guarantee for borrowing

21   (1) Notwithstanding the provisions of any other Act but not in any way limiting the powers granted under any other Act, the Corporation of the City of New Westminster (hereinafter called the "city") may

(a) construct, or cause to be constructed, and operate a toll-bridge over and across the North Arm of the Fraser River, which may be located either wholly within or partly within and partly without the boundaries of the city, together with all such works and things as are necessary or incident thereto;

(b) by by-law borrow without the assent of the owner-electors such sum or sums, not exceeding in the aggregate four million dollars, for such purpose;

(c) by by-law issue from time to time, as necessary, debentures in principal amounts not exceeding in the aggregate four million dollars for the repayment of such borrowing or borrowings pursuant to the requirements of the Municipal Act relating to the issue of debentures, except that the assent of the owner-electors is not required to any such by-law, and the Lieutenant-Governor in Council may guarantee the payment of the principal of and interest on such debentures, and the Municipalities Assistance Act applies, mutatis mutandis, with respect to the guarantee;

(d) fix and collect fees or tolls for the use of such bridge and to vary the same from time to time as deemed advisable;

(e) acquire lands, real and personal property, easements, and rights-of-way required under clause (a).

1959-57-3.

Management of toll-bridge

22   For the management of such bridge there shall be appointed a Board consisting of three persons, who shall serve without remuneration, one of whom shall be the Mayor for the time being of the city, who shall be the Chairman of the Board, and two other persons, not being members of the Council, but who are owner-electors of the city, appointed by the Council, subject to the following conditions:—

(a) The appointments, other than the Mayor, shall be for a term of two years, or until a successor is appointed:

(b) In making the first appointment the Council shall appoint one person for a two-year term and the other for a one-year term:

(c) Upon the death or resignation of a member of the Board, or on his ceasing to be an owner-elector, or, being a city officer or other employee, on his ceasing to be employed by the city, his term shall determine, and the Council shall forthwith appoint a successor who shall serve for the unexpired term of such member:

(d) The Council may reappoint for a further term or terms a person whose term shall have expired.

1959-57-3.

Operation of and the fixing of charges for use of the bridge

23   The Board shall

(a) operate and maintain the bridge in good repair, and for that purpose employ such staff as may be required, except that the Treasurer of the city shall be the Treasurer of the Board;

(b) fix, subject to the approval of the Council, any fees or tolls to be paid by all users of the said bridge. The Board may, in its discretion, enumerate, designate, distinguish, subdivide, classify, or exempt any or all trades, businesses, professions, occupations, callings, employments, or purposes of such users according to the character or type of use, or according to the dimensions or weight of a vehicle, and may differentiate and discriminate according to such classifications as to the amount of the fees or tolls to be imposed or to be exempted, and in fixing such fees or tolls the Board and the Council shall have due regard to providing for the annual amounts required for

(i) the payment of interest and for the repayment of the debenture debt; and

(ii) operating costs; and

(iii) maintenance charges (not exceeding in any one year one-tenth of one per centum of the capital cost of such bridge); and

(iv) an allowance for repairs; and

(v) any extraordinary costs or expenses; and

(vi) any deficit in any year arising from the operation of the bridge;

(c) submit annually to the Council on or before the fifteenth day of November a statement showing the estimated revenues and expenditures for the ensuing year and such other information as shall be required by the Council;

(d) comply with all the provisions of the Municipal Act relating to an administrative body handling municipal funds;

(e) utilize the services of the appropriate officers and departments of the city whenever possible for maintenance and repairs;

(f) repay advances from the city.

1959-57-3.

Treasurer may make advances

24   The Treasurer of the city is authorized from time to time to advance such moneys as may be necessary to meet authorized expenditures of the Board.

1959-57-3.

Surplus of funds

25   Any surplus of revenue over expenditure remaining at the end of each year shall be paid into the credit of the Sinking Fund Account or any special reserve account set up for retirement of the debentures until such accounts in the aggregate shall be sufficient to meet all debentures outstanding or unpresented for payment together with interest thereon to maturity. Thereafter such surplus shall be the property of the city.

1959-57-3.

Municipal enterprise

26   The said bridge, so long as the provisions of this Act apply to it, shall be deemed to be a municipal enterprise for the purpose of Division (1) of Part VI of the Municipal Act.

1959-57-3.

Separate accounts

27   All revenue received from the operation of the bridge shall be paid into a separate bank account of the city, and all expenditures concerning the bridge shall be a charge upon the account.

1959-57-3.

Definition of "capital cost"

28   All costs and expenses of any nature and kind incurred by the city or on its behalf in connection with and incidental to the construction of the bridge shall form a part of the capital cost of the bridge and shall be met out of the net proceeds obtained from the sale of debentures.

1959-57-3.

Action after debenture debt provided for

29   When all the debentures issued under the authority of section 21 are retired or there is on hand in the Sinking Fund Account, together with that on hand in the special reserve account, sufficient moneys to retire any debentures outstanding or not presented for payment together with interest thereon to maturity, the Lieutenant-Governor in Council may declare that as and from a certain date all the provisions of this Act applicable to the said bridge shall cease and determine; but any surplus of such moneys over and above that required for the repayment of the principal of and the payment of the interest on such debentures shall thereupon be transferred to the general revenue account of the city.

1959-57-3.

Special policing powers

30   The Council of the city may, subject to the approval of the Lieutenant-Governor in Council, assume the responsibility of the policing of the whole of any bridge, including the approaches thereto, operated under the provisions of sections 21 to 23, inclusive. In any Order approved under the provisions of this section, the Lieutenant-Governor in Council may specify the portions of Part XX of the Municipal Act applicable therefor.

1959-57-3.

Validation of previous Acts of Council

31   The provisions of sections 21 to 30, inclusive, come into force and effect on the first day of June, 1954, and all acts of any nature and kind heretofore performed by the city or on its behalf, authorized thereunder, are hereby ratified and confirmed.

1959-57-3.

Oak Bay

Water-front property

31A   Notwithstanding section 477 of the Municipal Act, the Council of The Corporation of the District of Oak Bay may, by by-law, absolutely lease the real property described as Block B, Section 23, Victoria District, Plan 368, including any foreshore rights appertaining thereto now or hereafter acquired, for a term, including any option for renewal, not exceeding in the aggregate thirty years.

1962-43-5.

Peachland

Repeater facilities

31B   The Council of The Corporation of the District of Peachland has and shall be deemed always to have had the authority to construct, operate, and maintain relay or repeater facilities for improving the reception of television signals within the area of the municipality.

1962-43-6.

Port Alberni

Power to enter into lease agreement

32   The Corporation of the City of Port Alberni is empowered to enter into a lease agreement with the Corporation of the City of Alberni for the acquisition for sewerage purposes of those certain pieces, parcels, or tract of land and premises known as part of Lot 2, parts of Lot 5, and part of Lot 6, Alberni District, for a period in excess of twenty years and without the assent of the owner-electors, upon such terms as may be mutually agreed upon.

1959-57-3.

By-law remains in force

32A   Notwithstanding the non-compliance with the provisions of paragraph 20 of the Letters Patent issued for the City of Port Alberni, uniting the former Corporation of the City of Alberni and the Corporation of the City of Port Alberni, the by-law of the former City of Alberni known and cited as the "City of Alberni Flood Control and Johnson Road Reconstruction By-law, 1965, No. 587," remains in full force and effect on and from the date of issue of the said Letters Patent.

1968-35-2.

Quesnel

Validation

33   All acts and things done by the Council of The Corporation of the Town of Quesnel, prior to the enactment of this section, relating to the establishment of a public library under the Public Libraries Act are hereby declared valid and within the powers of the said Council and Corporation.

1959-57-3.

Extension of boundaries

33A   In the event that supplementary Letters Patent are issued pursuant to the Municipal Act extending the boundaries of the Town of Quesnel to include the lands described as "That part of Lot 77, north of the Cariboo Highway, Plan H 697, except Plans 10773, 11448, and 13497 and District Lot 78 and District Lot 7264" the Lieutenant-Governor in Council may, notwithstanding any provision of the Municipal Act, provide, inter alia, that

(a) until January 1, 1973, no business tax pursuant to section 427 of the Municipal Act shall be imposed by the Council of the Town of Quesnel;

(b) subject to clause (a), no by-law adopted by the Council of the Town of Quesnel pursuant to the said section 427 shall fix different rates of business tax for different classes of business and the provisions of clauses (a), (b), and (c) of subsection (1) of that section do not apply with respect to the Town of Quesnel;

(c) subject to clause (a), the maximum rate of taxation under the said section 427 shall not exceed one-fifth of the maximum rate of taxation otherwise permitted by the said section;

(d) the said lands be designated as an industrial plant site under subsection (3) of section 12 of the Municipal Act and specify the works or services concerned; and

(e) until January 1, 1973, in each year the value of the cost of the specified works and services referred to in clause (d) to be credited to the industrial plant site shall be deemed to be the difference between the product of the mill rate imposed for municipal purposes on the remainder of the municipality and the product of the mill rate which would have been imposed on the industrial plant site under the Taxation Act in such year had the boundaries of the municipality not been extended.

1967-30-2.

Richmond

General

34   In addition to and without limiting the generality of the rights and powers contained in the Municipal Act relating to dyking and drainage, but subject to the Water Act and the Dykes Maintenance Act, The Corporation of the Township of Richmond (hereinafter referred to as the "Corporation") has the powers and duties hereinafter provided in respect to dykes, drains, and works incidental thereto.

1959-57-3.

Control of other persons

35   The Council may by by-law

(a) prescribe conditions governing the design, installation, maintenance, repair, alteration, and removal of any ditch crossing, culvert, bridge, ramp, dyke crossing, causeway, road, footpath, or similar access works by any person other than the Corporation, wherever located;

(b) provide for the appointment of an official to whom may be delegated the power to prescribe for such cases not prescribed by by-law under clause (a).

1959-57-3.

Limitation

36   Nothing in sections 34 to 45, inclusive, shall be construed as granting any person other than the Corporation the right to install, maintain, repair, alter, or remove any works described in clause (a) of section 35.

1962-43-7.

Saving provision re private access work

37   No action shall lie against the Corporation arising out of the negligent design, installation, maintenance, repair, alteration, or removal of any private access works from, to, or across any dyke, drain, or works incidental thereto, or land adjacent thereto and connected therewith, and without limiting the generality of the foregoing, whether or not such access works are on, in, or over any highway, or whether or not such access works are from, to, or across any private or public works pertaining to dyking or drainage, or whether or not such access works conform to a by-law adopted by the Council pursuant to the powers herein contained, or whether or not such access works have been or are the subject of a valid permit issued on behalf of the Corporation.

1959-57-3.

Extensions into another municipality

38   With the consent of the Council of an adjacent municipality first obtained, which consent shall not be unreasonably withheld, the Corporation may, with the approval of the Lieutenant-Governor in Council, extend any portion of the dyking or drainage system of the Corporation into that municipality.

1959-57-3.

Saving provision, closing off of private access

39   No action shall lie against the Corporation arising out of the exercises of any of the rights or powers pertaining to dyking and drainage conferred upon the Council by this or any other Act by reason only of the closing off or limiting of access from or to any real property, whether it be to or from a highway as defined by the Municipal Act or to or from any other real property.

1959-57-3.

Access control

40   The Council may require persons requesting any type of access to, along, through, under, or over any portion of the municipal dyking or drainage systems to enter into a written contract with the Corporation by way of easement or right-of-way agreement, and may require such covenants to the benefit of the Corporation as the Council deems fit, and further require that the covenants of such persons be bonded or otherwise guaranteed to the satisfaction of the Council.

1959-57-3.

Disposition of special levy

41   Notwithstanding anything to the contrary in this or any other Act contained, the right granted to the Council by the Richmond Drainage and Dyking Act, 1936, to impose an annual levy for the amalgamated dyking and drainage district shall continue in full force and effect for the year 1959, and the money so levied shall be taken into the revenue fund (general section) of the Corporation for the purpose of repaying the amount owing to the said fund by the amalgamated dyking and drainage district, and the amount so owing shall be thereby extinguished.

1959-57-3.

Closing of an account

42   The sum of eight hundred and fifty-nine dollars and ninety-eight cents together with any interest accrued thereon at the time of transfer, being the amount in the account of the Lulu Island West Dyking District, shall be closed out and transferred to the revenue fund (general section) of the Corporation.

1959-57-3.

Special powers for and acquisition of works

43   (1) In order that title to those lands occupied by the dyking and drainage systems protecting the land-mass of the municipality may be vested solely in the Corporation, and in order that necessary easements and rights-of-way be created to give the Corporation reasonable access thereto, the Lieutenant-Governor in Council, upon the application of the Corporation, may appoint a Commissioner whose duties and powers shall be

(a) to determine and define the location and extent (as at the first day of January, 1959) of those lands in the municipality occupied by such dyking and drainage systems, and of those other adjacent lands reasonably required by the Corporation for the support and maintenance of such system; and

(b) to determine and define the location and extent (as at the first day of January, 1959) of those lands in the municipality required by the Corporation for reasonable and necessary access to such systems; and

(c) to prepare, or cause to be prepared, a map or plan, or maps and plans, showing by line, colour, or writing, or by any combination of these means, in whole or in part, the matters determined and defined under clauses (a) and (b).

(2) A Commissioner appointed under this section shall adjudicate upon every application made by the Corporation to have lands determined and defined pursuant to subsection (1).

(3) Before determining or defining any lands under subsection (1), the Commissioner shall cause written notice of the time and place of the proposed adjudication to be served upon the persons who are owners of the lands affected (as defined in the Municipal Act ), and service of such notice shall be deemed sufficient if sent at least two weeks before the adjudication by registered mail to such persons in accordance with section 401 of the Municipal Act.

(4) The costs and incidental expenses of carrying out the provisions of this section shall be borne by the Corporation; but nothing herein contained shall be construed as imposing any obligation upon the Corporation to pay the costs or any expenses of persons presenting grievances to the Commissioner.

Registration of title to and charges on real property pertaining to dyking and drainage systems

44   (1) Every determination of the Commissioner under section 43 is final and binding, and the deposit of a map or plan in the New Westminster Land Titles Office delineating the matters determined and defined under section 43 and certified as correct by the Commissioner operates as a conveyance of any of the said lands and works thereon and therein to the Corporation, and the Corporation is entitled to be registered as the owner of the lands in fee-simple, free from any charge or encumbrances thereon, save and except those in favour of the Crown; and the Registrar of Titles, upon being satisfied that the map or plan has been properly certified and deposited, may, without production of the former certificate or duplicate certificate of title, register the title claimed by the Corporation in the register of titles; and upon the similar certification and deposit of a map or plan delineating the easements and rights-of-way, the municipality is entitled to have registered in its favour a charge upon the lands affected for the following purposes and including the full, free, and uninterrupted right, liberty, and right-of-way for the Corporation, its licensees, assigns, servants, officials, and workmen, at all times thereafter by night and day and at their will and leisure for the benefit of the Corporation:—

(a) To enter, labour, go, return, pass, and repass, with and without machinery and vehicles, upon and along the delineated lands; and

(b) To clear the said delineated lands and to have them, including the subsoil thereof, remain at all times unoccupied by any embankment, fill, building, structure, driveway, fence, or other obstruction;

and the Registrar, upon being satisfied that such map or plan has been properly certified and deposited, may register the charge by way of easement in gross, running with the land, against the property concerned in the name of the Corporation.

(2) No person shall be deprived of the right of title to any foreshore to which but for the operation of this Act he would have otherwise been entitled.

1959-57-3; 1978-25-334.

No compensation

45   The Corporation shall not be required to pay compensation for any right, title, or interest acquired under sections 34 to 44, inclusive.

1959-57-3.

Effect of ss. 34 to 45

45A   No right, title, or interest acquired under sections 34 to 45, inclusive, shall be deemed to be a resumption of land reserved in any Crown grant.

1962-43-11; 1963-30-4; 1977-53-1.

Repealed

45B   [Repealed 1978-31-6.]

Dyking district lands

45C   The Corporation of the Township of Richmond is entitled to be registered as the owner in fee-simple, free from all encumbrances thereon save and except those in favour of the Crown, of those lands to which title has been acquired by or which are held in trust for

(a) the Lulu Island Amalgamated Dyking and Drainage District;

(b) the Lulu Island Dyking District;

(c) the Lulu Island West Dyking District;

(d) the New Lulu Island Slough Dyking District;

(e) the Steveston Dyking and Drainage Maintenance Area;

(f) the Sea Island Drainage District;

(g) the Sea Island Dyking District;

(h) the No. 6 Road Canal District;

(i) the No. 7 Road Canal District; and

(j) the No. 8 Road Canal District

without further proof on the part of the Corporation of the inoperative status of any of those districts, and the Registrar of Titles shall, without production of the former or duplicate certificate of title, register the title of the Corporation in the register of titles.

1965-30-2.

Trail-Tadanac

Delegation of leasing powers

46   (1) Notwithstanding subsection (3) of section 628 of the Municipal Act, the Councils of The Corporation of the City of Trail, The Corporation of the District of Tadanac, and The Corporation of the Village of Warfield may, by concurrent by-laws for the joint operation, improvement, and maintenance of parks, delegate to a Parks Commission any of the powers provided by clauses (c) and (f) of subsection (1) of section 621 of the Municipal Act.

Joint Recreation Commission, Village of Warfield

(2) For the purposes of the establishment of a joint Parks Commission or a joint Parks and Recreation Commission and for the purposes of subsection (1), The Corporation of the Village of Warfield is deemed to be a city municipality.

1959-57-3; 1965-30-2; 1966-34-2.

Amalgamation

46A   (1) Notwithstanding any provision of the Municipal Act, the agreement entered into by The Corporation of the City of Trail and The Corporation of the District of Tadanac on the twenty-second day of February, 1968, a copy of which is on file in the offices of the Inspector of Municipalities, is declared to be within the powers of, and valid and binding upon, the parties thereto.

(2) Upon receipt of a request to accept the surrender of Letters Patent and to issue new Letters Patent reincorporating The Corporation of the City of Trail and The Corporation of the District of Tadanac as one municipality as provided for under the agreement referred to in subsection (1), the Lieutenant-Governor in Council may, notwithstanding section 26 of the Municipal Act, upon the recommendation of the Minister and without the assent of the owner-electors having been obtained, accept the surrender of the Letters Patent of The Corporation of the City of Trail and The Corporation of the District of Tadanac and issue others reincorporating the municipalities as one municipality to be known as the "City of Trail."

(3) Letters Patent issued under this section may include provisions in respect of any of the matters referred to in section 12 of the Municipal Act and such other provisions as the Lieutenant-Governor in Council may deem proper or necessary, including the conferring of the powers of a district municipality under Division (2) of Part XVI of the Municipal Act.

(4) If Letters Patent are issued pursuant to subsection (2), the Council of the Village of Warfield may at any time submit the question of that municipality amalgamating with the new City of Trail for the assent of the owner-electors of the village; and if such assent is obtained, the Lieutenant-Governor in Council may, notwithstanding the provisions of section 26 of the Municipal Act, accept the surrender of the Letters Patent of The Corporation of the Village of Warfield and issue supplementary Letters Patent extending the boundaries of the City of Trail to include the former village, and the provisions of subsection (3) of this section apply mutatis mutandis.

1968-35-2.

Burnaby

Temporary borrowing from Local Improvement Fund

47   (1) Any moneys of the Local Improvement Fund of The Corporation of the District of Burnaby may be used by the municipality for the purposes of section 607 of the Municipal Act.

(2) For the purposes of this section, the provisions of section 607 of the Municipal Act are deemed to be in full force and effect, notwithstanding the repeal of section 607 of that Act by section 149 of chapter 33 of the Statutes of British Columbia, 1968.

(3) The provisions of this section are retroactive to the extent necessary to give full force and effect to the approval of the Inspector of Municipalities dated the fourth day of November, 1968, to The Corporation of the District of Burnaby By-law No. 5411, cited as "Burnaby Local Improvement Financing By-law, 1968."

1960-38-2; 1969-23-1.

Houston

Validation of election

48   The election of the Chairman and any Commissioner by acclamation to the Council of The Corporation of the Village of Houston on the first day of December, 1959, is, notwithstanding section 53 of the Municipal Act, valid.

1960-38-2.

Port Moody

Validation of agreement

49   Notwithstanding the lack of a by-law or any other requirement of the Municipal Act, being chapter 232 of the Revised Statutes of British Columbia, 1948, the agreement entered into by the City of Port Moody and Port Moody Coquitlam Development Company, Limited, on the sixth day of June, 1955, is declared valid and binding on both parties to the agreement.

1960-38-2.

Agreement with British American Oil Company

49   a Notwithstanding any requirement of the Municipal Act, the agreements entered into by the City of Port Moody and the British American Oil Company Limited on the ninth day of June, 1958, and on the fifth day of February, 1962, are valid and binding on both parties to the agreements.

1962-43-8.

Powell River

Expropriation for airport purposes

50   Subject to the Expropriation Act, the Council of The Corporation of the District of Powell River may by by-law expropriate, without the municipality, any real property, or any interest therein, required for airport purposes.

1960-38-2; 1987-23-112.

Annual rates by-law of Powell River

50A   Notwithstanding the provisions of the Municipal Act or any other Act, the Council of The Corporation of the District of Powell River may, in the annual rates by-law, levy upon personal property as defined in section 426a of the Municipal Act, for general purposes as set out in clause (a) of subsection (1) of section 206, a rate not exceeding

(a) two mills in and for the year 1965;

(b) one and one-half mills in and for the year 1966;

(c) one mill in and for the year 1967; or

(d) one-half mill in and for the year 1968.

1965-30-2.

Victoria

Parking-decks, malls, and boulevards

51   (1) Notwithstanding any Statute or law to the contrary but subject to Division (4) of Part XII of the Municipal Act, the Council of The Corporation of the City of Victoria, in order to make provision for the public parking of vehicles, may, by by-law adopted by an affirmative vote of at least two-thirds of all the members thereof,

(a) construct, or cause or permit to be constructed, either in whole or in part, on, along, across, or over View Street, in the city, a parking deck or decks or similar structure or structures together with such ramps, stairways, escalators, and other works as may be deemed expedient or desirable for such purpose; and

(b) hold, maintain, use, and approve such structures and works and charge and collect fees, rents, and rates for the use or occupation thereof and lease the same or any of them, or any part or parts thereof, or any real property acquired for use in connection therewith, upon such terms and conditions and subject to such reservations and for such rent or other consideration, and for such term not exceeding twenty years, including any and all renewals of such term, as the said Council may deem expedient or desirable; and

(c) do and perform any and all other acts and things incidental to the aforesaid purpose, including, but without restricting the generality of the foregoing, the improvement of the said View Street, or any portion or portions thereof, or any portion or portions of that part of Broad Street lying between the said View Street and Fort Street in the said city, by the construction and maintenance of malls and boulevards therein and thereon.

Expropriation

(2) For the purpose aforesaid and for the purpose generally of providing off-street parking facilities pursuant to section 866 of the Municipal Act, but subject always to Division (4) of Part XII thereof, the Council may, by by-law and without the consent of the owners of the property hereinafter mentioned,

(a) expropriate, take, enter upon and into possession of and use such real property as may be deemed expedient or desirable by the said Council;

(b) expropriate, take, enter into possession of and use any leasehold interest in or any right, title, or other interest in and to real property and any easement or right appurtenant to such real property and any easement in, over, or upon the same; and

(c) direct such taking, entering upon and into possession and use of such real property or leasehold interest therein or right, title, or interest therein or easement or right appurtenant thereto or in, over, or upon the same forthwith after the by-law shall have come into effect.

Levying rates

(3) Subject to and in the manner provided by the Municipal Act, the Victoria City Debt Refunding Act, 1937, and the Victoria City Debt Refunding Act, 1944, the Council may borrow the whole or any part of the estimated cost of the works and improvements aforesaid, or of any of them; and if in the opinion of the Council it is expedient so to do, the works and improvements or any of them may be undertaken either in whole or in part as a work or service for the special benefit of a specified area of the municipality, and in such event Division (2) of Part XVI of the Municipal Act, for the purposes of borrowing and the levying of rates, charges, and taxes and otherwise, applies in respect of the works and improvements or portion or portions thereof so undertaken in the same manner and to the same extent as if the city were a district municipality.

Parking-meter revenue

(4) (a) In the event that the Council deems it expedient to borrow the whole or any portion of the estimated cost of the aforesaid works and improvements and for such purpose to issue and sell debentures, the Council may, by by-law adopted by an affirmative vote of at least two-thirds of all the members of the Council and approved by the Lieutenant-Governor in Council, establish a reserve fund, into which there shall be paid in each year so much of the current revenue derived or to be derived from the operation of parking-meters within the city as the Council may by such by-law determine; and

(b) The moneys so set aside shall be deposited in a bank, and until required may be invested in the manner provided by section 287 of the Municipal Act, and shall, together with any interest earned thereon, be applied in each and every year during the currency of the aforesaid debentures in payment of the sum or sums payable annually for the principal of and interest on the said debentures, and the balance (if any) remaining from time to time in such fund, after payment of the aforesaid annual debt charges as the same become due and payable, shall not be expended except for the purpose of financing the acquisition, development, and improvement of real and personal property to provide off-street parking facilities within the said city and to finance capital expenditures for extensions or renewals of existing off-street parking facilities, including the works and improvements aforesaid, and then only by a by-law adopted by an affirmative vote of at least two-thirds of all the members of the Council, and approved by the Minister of Municipal Affairs, who may direct that before such approval is given, the by-law shall receive the assent of the owner-electors; and

(c) Any and all moneys applied or to be applied as aforesaid in payment of the aforesaid debt charges shall, for the purposes of section 251 of the Municipal Act, be deemed to be revenue derived or to be derived from the aforesaid works and improvements.

(5) Where a by-law is adopted under subsection (3) invoking the powers provided under Division (2) of Part XVI of the Municipal Act, the Council may by by-law, at any time, exercise the powers under section 600 of the Municipal Act.

1960-38-2.

West Vancouver

Removal of dedication

52   (1) Notwithstanding that Lots 3 to 6, inclusive, Block S of Blocks 27 to 34, in the easterly portion of District Lot 775, Group 1, New Westminster District, Plan 4105, have been allocated, reserved, and dedicated for parks purposes by by-law of The Corporation of the District of West Vancouver, the Corporation may sell any or all of the said lots to any person, provided that the proceeds from any sale shall be set aside and reserved for capital parks purposes of the Corporation.

(2) The Registrar of Titles of the Vancouver Land Titles District may accept for registration, free from any allocation, reservation, or dedication for park purposes, any conveyance of any of the said lots from the Corporation to any person.

1960-38-2; 1978-25-333.

Removal of restriction

52A   Notwithstanding the Land Titles Act or any other Act, all that part of the closed portion of street (Reference Plan 3160) adjacent to the south boundary of Block 20a (Plan 3439), District Lot 555, Group 1, New Westminster District, and described as follows: Commencing at the north-west corner of said portion of closed street; thence east along the north boundary thereof a distance of 312.0 feet; thence south a distance of 23.62 feet; thence S. 71° 00´ E. a distance of 68.75 feet, more or less, to the intersection with the south boundary thereof; thence west along a portion of the south boundary a distance of 187.16 feet, more or less, to a bend; thence S. 60° 00´ W. along a portion of the said south boundary a distance of 47.85 feet, more or less, to a bend; thence N. 71° 00´ W. along a portion of the south boundary a distance of 156.95 feet, more or less, to the south-west corner of the said closed portion of street; thence north along the west boundary thereof a distance of 18.83 feet, more or less, to the point of commencement, and containing 0.352 acre, more or less — is hereby freed, cleared, and released of and from all provisos, conditions, and restrictions limiting or restricting the use of the land to park purposes.

1966-34-2; 1978-25-332.

Indebtedness to Greater Vancouver Sewerage and Drainage District

53   (1) When the Council of The Corporation of the District of West Vancouver determines by by-law that an area of that municipality is benefited to a greater extent than the remainder of the municipality by a facility of the Greater Vancouver Sewerage and Drainage District, the Council may raise such part of the indebtedness of the municipality to the Greater Vancouver Sewerage and Drainage District as should, in the opinion of the Council, expressed by by-law, be paid by the owners of land in the area rather than by the owners of land in the whole municipality by levying a rate or rates on the land or improvements, or both, situate in the area, or by imposing such other charge or charges thereon or in respect thereof as may be authorized by the Municipal Act, or by any combination of these methods.

(2) Nothing in this section limits, lessens, or affects any liability of the municipality to the Greater Vancouver Sewerage and Drainage District under the Greater Vancouver Sewerage and Drainage District Act or any right or power of the Greater Vancouver Sewerage and Drainage District under that Act.

1960-38-2.

Park

53A   Notwithstanding the Land Titles Act or any other Act, all that part of Parcel C (Reference Plan 985) of the East Half of the West Half of District Lot 886, Group One, New Westminster District, described as follows: Commencing at the south-west corner of said Parcel C; thence N. 0° 57´ E. along the west boundary a distance of 543.33 feet, more or less, to the north-east corner of Lot A, Block F (Plan 12266) of District Lot 886; thence S. 89° 03´ E. a distance of 310.0 feet; thence S. 60° 45´ E. a distance of 62.75 feet; thence S. 29° 18´ W. a distance of 336.62 feet; thence S. 0° 57´ W. a distance of 226.84 feet, more or less, to the intersection with the south boundary of Parcel C; thence N. 89° 26´ W. along the south boundary of Parcel C a distance of 100.0 feet, more or less, to a bend; thence N. 83° 32´ W. along the south boundary of Parcel C a distance of 105.9 feet, more or less, to the point of commencement and containing 3.23 acres, more or less — is hereby freed, cleared, and released of and from all provisos, conditions, and restrictions limiting or restricting the use of the land to park purposes.

1967-30-2; 1978-25-332.

Kamloops

Agreements with corporations under National Housing Act

54   The Council of The Corporation of the City of Kamloops may, by by-law adopted with the assent of the owner-electors, enter into agreements with any limited-dividend housing corporation operating in the City of Kamloops under The National Housing Act, 1944, of Canada, for the rental of houses to be constructed by such limited-dividend housing corporation within the City of Kamloops under the terms and provisions of sections 9 and 10 of Part II of that Act.

1957-42-747.

Release of park from restrictions

54A   Notwithstanding any of the provisions of the Kamloops Public Park Act, 1911, being chapter 28 of the Statutes of 1911, or of Crown Grant Number 49/300 made under that Act, the land described in section 2 of that Act is hereby freed, cleared, and released of and from all provisos, conditions, and restrictions limiting or restricting the use of the land to the recreation and enjoyment of the public as public parks and by The Corporation of the City of Kamloops for municipal purposes.

1961-45-3.

New Westminster

Board of Commissioners of Police

55   It is hereby declared that, notwithstanding anything contained in the New Westminster Act, 1888, or in any amendment thereto, section 661 of the Municipal Act applies to the Corporation of the City of New Westminster.

1957-42-748.

Duty to tax for retirement of certain debentures

56   (1) Notwithstanding anything to the contrary contained in this or any other Act, the Council of the Corporation of the City of New Westminster, in order to provide funds for the retirement at maturity of those debentures outstanding on the third day of April, 1947, which remain outstanding, shall raise annually by rate or rates under the provisions of section 204 of the Municipal Act, inclusive of the amounts specified in the by-laws authorizing the said debentures, the amounts as follows in the respective years, that is to say:—

In the years 1957 and 1958, the sum of ............................ $386,004.21
In the year 1959, the sum of ............................................. 384,091.08
In the year 1960, the sum of ............................................. 372,117.01
In the year 1961, the sum of ............................................. 358,907.70
In the year 1962, the sum of ............................................. 354,750.53
In the year 1963, the sum of ............................................. 255,355.60
In the year 1964, the sum of ............................................. 125,617.20
In the year 1965, the sum of ............................................. 109,826.52

(2) In each of the said years the respective amounts aforesaid shall be paid into the appropriate sinking fund account, or accounts.

1957-42-749.

Parking facilities

57   Sections 614 and 615 of the Municipal Act apply to the Corporation of the City of New Westminster for the purpose only of providing parking facilities for vehicles as a work or service for a specified area.

1957-42-750.

Parking-deck

58   (1) Notwithstanding anything contained in this or any other Act, in order to make due provision for the public parking of vehicles, it shall be lawful for the Council of the Corporation of the City of New Westminster, by by-law passed by two-thirds of all the members thereof, to construct or cause or permit to be constructed, on, along, or over Front Street a parking deck, or decks, or similar structures, together with such ramps and stairways as may be necessary to give access thereto as are deemed advisable for the purpose aforesaid, and to do and perform any and all acts necessary therefor. Such ramps or stairways may be constructed either on Front Street aforesaid or on such intersecting streets as may be deemed advisable.

(2) The said Council is further empowered, for the purposes aforesaid, to maintain and use such structures, or any of them, or any part thereof, and the means of access thereto, and to charge and collect a fee or rent charge for its use and occupation, or to lease it to any person or persons for a term not exceeding twenty years in return for the net annual revenue derived therefrom during the said term, or to lease for any term not exceeding twenty years, sublet, allot, or assign such structures, or any of them, or any part thereof, and the means of access thereto, to any person or persons upon such terms and conditions as the Council may deem expedient.

(3) Should it become necessary for the said Council to incur any debt in carrying out the provisions of the preceding subsections, then, if the repayment of such debt is to be levied against all the property-owners of the said city, the provisions of Part VI shall apply. If such repayment is intended to be levied only against the property-owners in a specified area, then the provisions of Division (2) of Part XVI shall apply.

1957-42-751; 1958-32-322.

Penticton

Sewerage works and services for specific areas

59   Notwithstanding anything contained in this Act, The Corporation of the City of Penticton shall have all the powers of a district municipality pursuant to the provisions of Division (2) of Part XVI of the Municipal Act for the purpose of supplying sewerage and sewage-disposal services and facilities.

1957-42-752.

Chilliwhack

By-law to require voter to vote for as many candidates as there are vacancies

60   Notwithstanding any law to the contrary, the Council of The Corporation of the Township of Chilliwhack may by by-law require that each elector in the exercise of his franchise at any poll for the election of Councillors or School Trustees, as the case may be, in that municipality shall vote for as many candidates as there are vacancies to be filled, and any such by-law shall provide that every ballot not so marked shall be deemed to be a rejected ballot.

1957-42-753.

Drainage system

60A   (1) The Council of The Corporation of the Township of Chilliwhack may establish a municipal drainage system within the municipality and may take over and incorporate into such system all ditching areas established pursuant to the Township of Chilliwhack Drainage Act, being chapter 91 of the Statutes of 1951, and all ditches, drains, streams, and works pertaining thereto.

(2) One-half of the total outstanding obligations incurred in respect of ditching areas established under the Township of Chilliwhack Drainage Act and owing to the municipality shall be collected by the municipality by a special rate levied in the manner prescribed in clause (e) of section 10 of the Township of Chilliwhack Drainage Act, and the remainder of those outstanding obligations are cancelled.

(3) The Council may operate, maintain, extend, improve, and enlarge such municipal drainage system, and all expenses incurred in connection therewith shall be met from the general revenue of the municipality.

(4) The Township of Chilliwhack Drainage Act and the Township of Chilliwhack Drainage Act Amendment Act, 1955, being chapter 93 of the Statutes of 1955, are repealed.

1964-34-2.

Delta

Dykes and drainage

61   (1) Sections 34 to 40, inclusive, and sections 43 to 45, inclusive, apply, mutatis mutandis, to The Corporation of Delta, except that "the first day of January, 1959," referred to in section 43 shall be read as "the first day of January, 1962."

(2) The Delta Drainage Act, 1936, is repealed.

1962-43-10.

Spallumcheen

Taxing for special districts

62   The Council of The Corporation of the Township of Spallumcheen may by by-law

(a) provide that the municipality acts generally in matters relative to collecting and disbursing revenues of, and also to keeping proper accounting records for, any or all improvement districts created within the municipality under the Water Act, or for any or all districts created within the municipality under the Drainage, Dyking, and Development Act;

(b) provide that the taxes and tolls of any improvement district or of any drainage, dyking, or development district named in such by-law be deemed to be special rates imposed and levied pursuant to the Municipal Act;

(c) prescribe an annual fee to be charged against and paid by any such improvement district or by any drainage, dyking, or development district for any service rendered to it.

1957-42-755.

Summerland

Power to undertake irrigation-works

63   (1) The Council of The Corporation of the District of Summerland may, by by-law adopted with the assent of the owner-electors as hereinafter provided, undertake irrigation-works for the special benefit of any area in such by-law described and apportion the cost thereof (including debenture and by-law expenses) as to the Council seems just and equitable between the area specially benefited and the municipality at large, and for such purpose borrow upon the credit of the corporation by way of debentures sufficient to meet the said cost.

(2) A by-law adopted pursuant to this section shall provide that the sums required to be raised annually for the payment of principal and for interest shall be raised and levied as follows: Firstly, by a rate on all the rateable land (exclusive of improvements) within the area specially benefited sufficient to yield the amount required to be borne by the area in accordance with the apportionment aforesaid; and, secondly, by rate on all the rateable land, or land and improvements, within the municipality (including the lands within the area specially benefited) sufficient to yield the amount required to be borne by the municipality at large in accordance with the apportionment aforesaid.

(3) A by-law adopted pursuant to this section, in addition to receiving the assent of the owner-electors of the municipality, shall also be submitted to and receive concurrent like assent of the owner-electors of the area defined in the by-law.

(4) Before being submitted for the assent of the owner-electors of the area specially benefited and of the municipality, every such by-law shall be subject to the approval of the Inspector of Municipalities as are money by-laws under Part VI of the Municipal Act.

(5) No by-law adopted pursuant to this section shall be altered or repealed by the Council except with the approval of the Lieutenant-Governor in Council, who may, before approving, direct that the proposed alteration or repeal be submitted for the assent of the owner-electors of the area specially benefited and of the municipality.

1957-42-756.

Salmo

Vesting of park in village

64   Notwithstanding the Land Titles Act or any other Act, the dedication of that portion of Lot 206a, Village of Salmo, described as "Park" on Plan 2710, containing 4.468 acres, for use as a park is deemed no longer to apply, and the title thereto is deemed vested in The Corporation of the Village of Salmo free from any restriction, and the Council of the said Corporation may do all the necessary acts and things required to exchange the property for the property described as Block A of Lot 206a, Village of Salmo, Plan 4263, but the title to the latter described property when vested in the said Corporation shall be recorded as being restricted for use only for public park purposes and other municipal purposes.

1961-45-3; 1962-43-9; 1978-25-332.

Vancouver

Conveyance of land

65   Notwithstanding the Vancouver Charter or any other Act, the Council of the City of Vancouver may, without the assent of the electors, and with or without consideration, convey to the Vancouver General Hospital all or any part or parts of Lots C and D, Block 377, District Lot 526, Group 1, New Westminster District, in the City of Vancouver.

1962-43-12.

Discharge of policemen

66   Notwithstanding the provisions of the Vancouver Charter, all members of the Vancouver Police Department who have been discharged by the Chief Constable and who have not taken proceedings to set aside such discharge are hereby declared to be lawfully discharged, and no action shall be brought against the Chief Constable or any other person in respect of such purported discharges.

1962-43-12.

Delta

Waterworks

67   (1) Notwithstanding the provisions of any other Act, any area defined and established under the provisions of the Delta Water Works Act, 1929, being chapter 71 of the Statutes of 1929, as amended by the Delta Water Works Act, 1929, Amendment Act, 1932, is deemed to be a specified area established under Division (2) of Part XVI of the Municipal Act for the purposes of constructing, operating, and maintaining a waterworks system.

(2) The Delta Water Works Act, 1929, and amendments thereto are repealed.

1963-30-5.

68   By-laws numbered 1027, cited as "Delta Local Improvement Frontage Tax By-law (By-law No. 541), 1963," 1028, cited as "Delta Local Improvement By-law (By-law No. 577), 1963," 1029, cited as "Delta Local Improvement By-law (By-law No. 629), 1963," 1030, cited as "Delta Local Improvement By-law (By-law No. 652), 1963," 1031, cited as "Delta Local Improvement Frontage Tax By-law (Water Main By-law No. 688), 1963," 1032, cited as "Delta Local Improvement Frontage Tax By-law (Road By-law No. 688), 1963," 1033, cited as "Delta Local Improvement By-law (By-law No. 707), 1963," 1034, cited as "Delta Local Improvement By-law (By-law No. 759), 1963," and 1035, cited as "Delta Local Improvement By-law (By-law No. 896), 1963," of The Corporation of Delta are declared valid and binding from the dates of adoption thereof.

1963-30-5.

Agreement with water district

68A   Notwithstanding any requirement of the Municipal Act, the Greater Vancouver Water District Act, and any other Act, the agreement entered into between The Corporation of Delta and the Greater Vancouver Water District on the thirty-first day of January, 1964, is valid and binding on The Corporation of Delta and the Greater Vancouver Water District, whether the same would otherwise be ultra vires of either or both of the corporations or not, and the respective parties to the agreement may carry out and give full force and effect to every covenant, agreement, stipulation, condition, and provision in the agreement, according to the terms thereof, and everything done by the Greater Vancouver Water District under and by virtue of the agreement is and shall be deemed to be for the purpose of the undertakings authorized by the Greater Vancouver Water District Act.

1964-34-2.

North Delta sewer taxes

68B   Notwithstanding any requirements of the Municipal Act or any other Act or by-law of the municipality, all taxes levied under "North Delta Sewer Main Construction (Stage One) By-law, 1956, No. 649" are declared lawful on and from the date of adoption of the said by-law.

1965-30-2.

Mission City

Local improvement by-laws

69   Notwithstanding any provision of any other by-laws of The Corporation of the Town of Mission City, By-law No. 356, cited as "The Corporation of the Town of Mission City Cedar and 12th Street Local Improvement Borrowing By-law No. 356-1961," and By-law No. 358, cited as "The Corporation of the Town of Mission City Block 68 Local Improvement Borrowing By-law No. 358, 1962," are declared valid from the date of adoption thereof.

1963-30-6.

City of North Vancouver

Agreement confirmed

69A   Notwithstanding any requirement of the Municipal Act or any other Act, the agreement entered into by The Corporation of the City of North Vancouver and Conwest Exploration Company Limited on the tenth day of July, 1963, is declared valid and binding on both parties to the agreement.

1964-34-2.

City of North Vancouver agreement

69B   Notwithstanding the provisions of any general or private Act, the agreement entered into upon the second day of December, 1964, between the Burrard Inlet Tunnel and Bridge Company, of the first part, the Montreal Trust Company, of the second part, and The Corporation of the City of North Vancouver, The Corporation of the District of North Vancouver, The Corporation of the District of West Vancouver, the City of Vancouver, and Eva Winnifred Cotton, of the third part, is hereby declared valid and binding among the parties to the agreement.

1965-30-2.

Review of assessment rolls

69C   Any Court of Revision of The Corporation of the City of North Vancouver convened prior to April 30, 1967, to consider and deal with frontage-tax assessment rolls for sewer facilities made available by the Corporation to properties after May 13, 1963, has the power to review, correct, and confirm such assessment rolls as and from the dates such sewer facilities were actually available to each of the properties referred to therein, and such Court of Revision shall be deemed to have fulfilled all of the requirements of sections 419 to 424, inclusive, of the Municipal Act upon authentication of the frontage-tax assessment roll for such properties.

1967-30-2.

Tax sale

69D   No sale of real property at the tax sale of The Corporation of the City of North Vancouver conducted on the thirtieth day of September, 1967, is invalid by reason only that such sale was conducted by the Assistant Collector.

1968-35-2.

Agreement confirmed

69E   Notwithstanding any requirement of the Municipal Act or any other Act, the Agreement entered into by The Corporation of the City of North Vancouver and Northern Engine & Equipment (B.C.) Ltd. on the twenty-first day of March, 1966, is declared to have been validly made by, and within the powers of, the municipality.

1968-35-2.

District of North Vancouver

Frontage and other taxes for certain sewers

70   (1) In this section, unless the context otherwise requires,

"borrowing by-laws" means By-law No. 2344, being "District of North Vancouver 'Sewer Lateral Area A,' By-law, 1958," By-law No. 2373, being "District of North Vancouver 'Sewer Lateral Area B,' By-law, 1958," and By-law No. 2816, being "District of North Vancouver 'Sewer Lateral Area F-2,' By-law, 1961";

"frontage-tax by-laws" means By-law No. 2423, being "Sewer Lateral Area A Frontage-tax By-law, 1959," By-law No. 2469, being "Sewer Lateral Area B Frontage-tax By-law, 1959," and By-law No. 2877, being "Sewer Lateral Area F-2 Frontage-tax By-law, 1962";

"municipality" means The Corporation of the District of North Vancouver;

"sewers" means sanitary sewers.

(2) Notwithstanding the provisions of any other by-law, from and after the first day of January, 1963,

(a) the Council of the municipality shall not impose, raise, or levy any levy under By-law No. 2094, being "District of North Vancouver Western Sewerage Area No. 1, By-law, 1956," or under By-law No. 2112, being "District of North Vancouver Western Sewerage Area No. 1, By-law, 1956, Confirmation and Extension By-law";

(b) any general frontage tax hereafter imposed in the municipality for sewers shall not apply in respect of real property any present or previous owner or present occupier of which is liable for frontage tax under the frontage-tax by-laws;

(c) the amount payable annually in respect of any parcel of land by way of frontage tax imposed under the frontage-tax by-laws shall not exceed the maximum amount payable annually in respect of a parcel of land under any general sanitary-sewer frontage-tax by-law hereafter adopted by the Council of the municipality; and

(d) notwithstanding the provisions of section 617 of the Municipal Act, the borrowing by-laws, and By-laws Nos. 2094 and 2112 of the municipality, the sums required to be raised under those by-laws in respect of sewers shall be levied and raised by way of real-property taxes in each year by a rate over and above all other rates on all the taxable land and improvements within the municipality at the same time and in the same manner as other rates, sufficient to make up any known or anticipated deficiency in the amounts raised or to be raised by a frontage tax, sewer-user charge, and any other special rate, charge, or tax imposed by the Council of the municipality for the annual payment of interest on and for the repayment of the principal of the debts owing and debentures outstanding under those by-laws, and any further sanitary-sewer money by-laws adopted from time to time by the Council.

(3) The Treasurer of the municipality

(a) shall keep all revenues from the frontage tax imposed under the borrowing by-laws and under the frontage-tax by-laws and any other special rate or tax imposed by the Council of the municipality in respect of the sewers in a special account; and

(b) shall use those revenues for the payment of principal and interest on debentures of the municipality issued in respect of the sewers.

(4) The exercise of any of the powers under subsection (2) does not relieve the municipality from any other requirements of the Municipal Act or any other Act, except to the extent provided under subsection (2).

1963-30-7.

Local improvement

70A   (1) Subject to subsections (2) and (3), By-law No. 3482, cited as "Ditch Elimination Local Improvement Cost-sharing Formula By-law," as amended by By-law No. 3643, cited as "Ditch Elimination Local Improvement Cost-sharing Formula By-law, Amending By-law, 1968," of The Corporation of the District of North Vancouver is hereby declared to apply retroactively to By-law No. 3577, cited as "North Lonsdale Road Improvement Construction By-law, 1967," and By-law No. 3617, cited as "Pemberton Heights Road Improvement Construction By-law, 1967."

(2) The Council shall cause to be published, in a newspaper published or circulating in the municipality, notice, in a form approved by the Inspector of Municipalities, that the works of local improvement provided for in By-law No. 3577 or By-law No. 3617, as the case may be, will be subject to the provisions of By-law No. 3482 as so amended, unless within thirty days of the last publication thereof forty per centum of the owners of land liable to be specially charged under the by-law concerned file objections with the Clerk.

(3) If forty per centum or more of the owners of land liable to be specially charged under the by-law concerned file objections within thirty days of the last publication of the notice, the provisions of subsection (1) do not apply.

1968-35-2.

Sidney

Submission of question

71   Notwithstanding section 213 of the Municipal Act, the submission of questions in the year 1962 to the owner-electors of The Corporation of the Village of Sidney at times other than the annual election in 1962 is declared valid.

1963-30-8.

Sewer rates and charges

71A   Notwithstanding the lack of a frontage tax assessment roll and a Court of Revision therefor and the failure to impose and collect the rates and charges as provided for under "Sidney Sewer Frontage Charge By-law No. 32, 1954," and "Sidney Sewer Rental Regulation By-law No. 33, 1954," of The Corporation of the Village of Sidney, it is hereby declared that the rates and charges imposed by the Corporation up to and including the thirty-first day of December, 1964, in lieu of the rates and charges that should have been imposed under those by-laws were lawfully imposed and collectable in respect of each parcel of land to the extent such in lieu rates and charges were in accordance with a formula common to all other parcels of a like classification.

1965-30-2.

Validation of annual rates by-law

71A   Notwithstanding the non-conformity with statutory dates, "The Village of Sidney Tax Rates By-law No. 200, 1965," and "The Village of Sidney Annual Budget By-law No. 201, 1965," are declared valid.

1966-34-2.

Squamish

Agreement

72   (1) Notwithstanding any other Act, the agreement entered into by The Corporation of the Village of Squamish and Westway Developments Limited on the ninth day of November, 1962, is declared valid and binding on both parties to the agreement as and from that date.

(2) Sections 470 and 473 of the Municipal Act do not apply to the undertaking made by the Council of The Corporation of the Village of Squamish on the thirtieth day of October, 1962, to convey lands obtained from the Indian band owning Lot 4267, Stawamus Indian Reserve No. 24, to Westway Developments Limited.

(3) Notwithstanding any lack of authority under the Municipal Act, the Council of The Corporation of the Village of Squamish has and shall be deemed always to have had the authority, by by-law, to acquire lands either within or without the municipality for the purpose of developing such land, either directly or indirectly, for residential, commercial, or industrial uses, or any combination of these uses.

1963-30-9.

Purchase of land

72A   The purchase by The Corporation of the Village of Squamish from the Pacific Great Eastern Railway Company of fifty-six acres, more or less, of unsubdivided land in District Lot 4261, Group 1, New Westminster District, and the borrowing of the sum of sixty thousand dollars therefor is deemed to have been lawful and within the powers of the municipality.

1965-30-2.

Letters Patent

72B   The Letters Patent of the District of Squamish and the Order in Council authorizing their issue on the fifteenth day of December, 1964, are confirmed and validated.

1965-30-2.

Provision for extension of boundaries

72C   (1) Notwithstanding any provision of the Municipal Act or any other Act, the tax rate applied by the District of Squamish to the taxable value of the following parcels of land in order to provide the moneys required for the flood control and dyking carried out in the remaining area of the municipality shall not exceed one mill: District Lot 2351, Group 1, New Westminster District; District Lot 2802, Group 1, New Westminster District; District Lot 5899, Group 1, New Westminster District, except Lot A (Reference Plan 5238) thereof; Lot 6232, Group 1, New Westminster District; and Lot 6237, Group 1, New Westminster District.

(2) No by-law adopted by the Council of the District of Squamish pursuant to section 427 of the Municipal Act shall fix different rates of business tax for different classes of business, and the provisions of clauses (a), (b), and (c) of that section do not apply with respect to the District of Squamish.

(3) Notwithstanding any provision of the Municipal Act or any other Act, not less than the amount of business tax (if any) paid by Rayonier Canada (B.C.) Limited with respect to its operations on the lands described in subsection (1) shall be excluded from the general revenue of the municipality and placed in a special fund to be used for the purpose of constructing a highway connecting the area known as Woodfibre with the present municipality.

(4) The provisions of this section come into effect on, from, and after the date the boundaries of the District of Squamish are extended to include the parcels of land described in subsection (1).

1966-34-2.

Victoria

Borrowing powers

73   (1) In anticipation of the receipt by The Corporation of the City of Victoria of the moneys payable to the said Corporation by the terms of the will and codicil thereto of Thomas Shanks McPherson, deceased, probate whereof was granted to The Canada Trust Company on the seventh day of December, 1962, and notwithstanding subsection (1) of section 247 of the Municipal Act, the Council may, with the approval of the Inspector of Municipalities, by by-law or by-laws adopted without the assent thereto of the owner-electors, provide for contracting a debt or debts in an amount or amounts not exceeding in the aggregate the sum of one million five hundred thousand dollars, provided such debt or debts are repayable not later than the fifteenth day of May, 1968.

(2) Moneys borrowed as aforesaid shall only be used for the purpose or purposes for which, by the terms of the aforesaid will and codicil thereto, it is provided that the moneys payable thereunder to the said Corporation are to be used.

(3) The moneys receivable as aforesaid by the terms of the said will and codicil thereto shall, on receipt thereof by the said Corporation, be applied in repayment of the principal amount of the debt or debts contracted pursuant to any by-law or by-laws adopted under the provisions of subsection (1), and neither the same nor any part thereof shall be used for any other purpose unless and until the said debts have been paid and satisfied in full.

(4) Except as provided by subsection (1), the Municipal Act, other than section 251 thereof, the Victoria City Debt Refunding Act, 1937, and the Victoria City Debt Refunding Act, 1944, apply to every by-law adopted under the provisions of subsection (1) and to every obligation issued pursuant thereto in the same manner and to the same extent as the said Acts would apply to by-laws adopted under section 248 of the Municipal Act.

1963-30-10; 1964-34-2; 1965-30-2; 1966-34-2.

Elections

74   For the purpose of making the Municipal Act apply to The Corporation of the City of Victoria in respect to elections, section 11 of the Victoria City Act, 1921, being chapter 76 of the Statutes of 1921, is repealed, and subsections (1), (2), and (4) of section 13 of the Victoria City Act, 1921, as re-enacted by the Victoria City Act, 1958, being chapter 74 of the Statutes of 1958, are repealed.

1964-34-2.

Barber-shop closing

75   (1) In this section,

"business day" means and includes any day of the week not being Sunday or one of the days mentioned in section 858 of the Municipal Act;

"general closing by-law" means and includes any by-law adopted by the Council of The Corporation of the City of Victoria under subsection (2) of section 861 of the Municipal Act in relation to barber-shops in the said City of Victoria;

"general closing day" means the day of each week specified in a general closing by-law as the day of each week for the entirety of which barber-shops in the City of Victoria are to be closed for the serving of customers;

"general closing hour" means the hour specified in a general closing by-law as the hour at which barber-shops in the City of Victoria are to be closed and remain closed for the serving of customers on five specified days of each week;

"optional closing-day by-law" means any by-law adopted by the Council of The Corporation of the City of Victoria under subsection (2);

"optional closing day" means the business day in each week named in any notice or further notice given under an optional closing-day by-law as the day which, in the place and stead of a general closing day, is to be the day of each week for the entirety whereof the barber-shop in respect of which such notice or further notice is given is to be closed for the serving of customers.

(2) Where the Council of The Corporation of the City of Victoria has adopted a general closing by-law prescribing the times during which barber-shops are to be closed for the serving of customers, the Council may by by-law

(a) provide that, notwithstanding anything to the contrary contained in any such general closing by-law, the provisions thereof specifying a general closing day shall not apply to any barber-shop the proprietor or proprietors whereof shall have named an optional closing day therefor by notice in writing given to the Clerk of the said. Corporation and in that behalf and

(b) for the purpose generally of giving effect to the provisions of this section according to their true intent and meaning, enact such regulations as the said Council may deem expedient, including, but without restricting the generality of the foregoing, regulations with respect to the form of the notice mentioned in clause (a) and the manner in which and the terms, restrictions, and conditions subject to and upon which the same may be either given as aforesaid or from time to time revoked or superseded by further notice or otherwise.

(3) Notwithstanding anything contained in the Municipal Act but subject to the provisions of a by-law adopted by the said Council under section 862 of the Municipal Act, where any notice or further notice naming an optional closing day is given under an optional closing-day by-law, the barber-shop in respect of which the same is given shall, in each and every week ensuing after the week in which such notice or further notice is given and until either such notice or further notice is revoked in accordance with the provisions in that behalf contained in such optional closing-day by-law or the optional closing-day by-law is repealed, be closed for the serving of customers for the entirety of the optional closing day named in such notice or further notice, as the case may be, and on the five other business days of each such week shall be closed and remain closed for the serving of customers at and after the hour specified in the general closing by-law as the hour at which barber-shops are to be closed and remain closed for the serving of customers on five specified days of each week.

(4) Every person who either by himself or with any other person or persons is the proprietor, operator, or other person having the care, control, or management of any barber-shop in the said City of Victoria shall close and keep the same closed for the serving of customers, or cause the same to be closed and kept closed for the serving of customers, in accordance with the requirements and provisions in that behalf contained and set forth in this section.

1964-34-2.

Victoria civic arena

75A   (1) The Victoria Civic Arena Act, being chapter 75 of the Statutes of 1945, is repealed, and the Victoria Memorial Arena Commission is dissolved and ceases to exist.

(2) All the assets of the said Commission are vested absolutely in, and all the obligations and liabilities of the said Commission are assumed by, The Corporation of the City of Victoria.

(3) Without restricting the generality of subsection (2), The Corporation of the City of Victoria is vested with the benefit of any and all contracts made by the said Commission and has full power and authority to carry out, perform, and fulfil all and singular the terms and provisions thereof and may enforce and recover upon the same in its own name, and shall be bound thereby as though originally named therein as party thereto instead of the said Commission.

1965-30-2.

Sidewalk canopies

75B   (1) In addition to any powers contained in subsection (1) of section 581 of the Municipal Act, the Council of The Corporation of the City of Victoria may undertake, by by-law, the construction and erection of sidewalk canopies as a local improvement.

(2) Notwithstanding the provisions of section 610 of the Municipal Act, any work undertaken by the said municipality pursuant to subsection (1) of this section shall be maintained and kept in repair by the municipality, and any annual expense incurred thereby shall be specially charged against the parcels benefiting in the same proportions as provided for sharing of the cost of the work by the original construction by-law.

(3) The Council of the said municipality may, by by-law, cause any work undertaken pursuant to subsection (1) to be removed, provided that the municipality shall assume all future levies pertaining to any work so removed; and in the event that levies were commuted with respect to any parcel, the commuted value of such future levies shall be paid by the municipality to the owner of the parcel.

1966-34-2.

Removal of restriction

75C   Lots 549a, 550a, 551a, 563a, 564a, 567a, 568a, and 569a, Victoria City, the title to which is registered in the Victoria Land Registry Office under Absolute Certificate of Title No. 15023c, are hereby vested in The Corporation of the City of Victoria in fee-simple, free from any trust but otherwise subject to the exceptions and reservations contained in the original grant from the Crown, and the Registrar of Titles may, upon production of a copy of this Act and compliance with the Land Registry Act, issue to that Corporation a certificate of indefeasible title to the said lands, free from any trust but otherwise subject to the exceptions and reservations contained in the original grant from the Crown. No fees are payable on the application under items 5 and 6 of the Scale of Fees, Second Schedule, of the Land Registry Act. Provided, however, that the said Corporation shall not use for any purpose or dispose of any of the said lots or any portion thereof, except with the approval of the Capital Improvement District Commission and the Minister of Public Works.

1966-34-2.

Power to enter

75D   For the purposes of sections 621 and 622 of the Municipal Act, the Council of The Corporation of the City of Victoria, by its servants or agents, may enter upon, break up, take, or enter into possession of and use Lot 3, Suburban Lot 12, Victoria City, known as 1002 Caledonia Avenue, and that part of Lot 18, Suburban Lot 12, Victoria City, lying to the west of the westerly boundary of Parcel B (D.D. 44038i) of said Lot 18, known as 1036 Caledonia Avenue, subject always to the provisions of Division (4) of Part XII of the said Act; provided that the Corporation shall not enter upon, break up, or enter into possession or use the said lands until it has paid or tendered to the owners thereof the sum of eighteen thousand seven hundred dollars in the case of the said Lot 3 and twenty-three thousand one hundred dollars in the case of the said part of said Lot 18 as interim compensation, which sums, if paid, shall be set off against the compensation finally determined pursuant to the said Division (4), and in each case such sum may be accepted by the person or persons entitled thereto without prejudice to the rights of them or any of them to claim a further or greater sum by way of compensation pursuant to the said Division (4). Upon the application of the Corporation, the Registrar of Titles shall note upon the titles of the lands concerned any such payment of interim compensation.

1966-34-2.

By-law validation

75E   Notwithstanding anything contained in the Municipal Act or any other Act, By-law No. 5932, being a by-law of The Corporation of the City of Victoria cited as "Old Court House Tax Exemption By-law, 1968," and adopted on the eighth day of February, 1968, is hereby declared to be a valid and effectual by-law and to be within the powers of the Council of the said Corporation, and to have been valid and effectual and within the powers of the said Council from the date of its adoption as aforesaid, and the assessment roll of the said Corporation for the year 1968 shall be deemed to have been amended in accordance with and to the extent necessary to give effect to the said by-law.

1968-35-2.

Kent

Dyking and drainage

76   (1) For the purposes of this section,

"Agassiz Drainage Area" means all that land defined by Schedule B to the Agassiz Drainage and Dyking Act, 1953, being chapter 39 of the Statutes of 1953 (Second Session);

"Agassiz-Harrison Mills Dyking Area" means all that land defined by Schedule C to the said Agassiz Drainage and Dyking Act, 1953, together with and including the lands contained in the Harrison Mills Drainage Area hereinafter defined;

"Harrison Mills Drainage Area" means all those parcels or tracts of land situated in New Westminster District which are bounded on the north, west, and south by the southerly, easterly, and northerly limits, respectively, of the Harrison Mills Dyke right-of-way as shown on Plan 13840 on file in the Land Titles Office, New Westminster, and on the east by the forty-foot contour of elevation forming the westerly portion of the foot of Agassiz Mountain.

(2) All of the assets of the Harrison Mills Dyking District are hereby transferred to The Corporation of the District of Kent, and the said Corporation assumes all of the liabilities of the Harrison Mills Dyking District, and the said dyking district is hereby dissolved, and the provisions of this section shall be deemed to have come into force and taken effect on the first day of January, 1964.

(3) In addition to and without limiting the generality of the rights and powers contained in the Municipal Act relating to dyking and drainage, the Council of The Corporation of the District of Kent may

(a) operate, maintain, protect, or repair, or cause to be operated, maintained, protected, or repaired, all drainage-works, dykes, pumps, and pumping machinery now constructed or hereafter to be constructed in or in connection with the Agassiz Drainage Area, the Harrison Mills Drainage Area, or the Agassiz-Harrison Mills Dyking Area;

(b) construct, or cause to be constructed or installed, any new drainage-work, dyke, pump, or pumping machinery within or in connection with the Agassiz Drainage Area, the Harrison Mills Drainage Area, or the Agassiz-Harrison Mills Dyking Area which the Council may deem necessary or advisable;

(c) reconstruct, relocate, improve, enlarge, or extend all or any part of the said drainage-works or dykes and replace any pumps or pumping machinery;

(d) advance moneys out of the general funds of the Corporation to meet the costs and expenses of and incidental to or occasioned by the exercise of any of the powers granted hereby in anticipation of the collection of the special rates hereinafter mentioned on the condition that the moneys so advanced shall be recouped to the general funds of the Corporation as and when the said special rates are received;

(e) determine each year what proportion of the cost of pumping shall be deemed to be a drainage cost and what proportion shall be deemed to be a dyking cost, and to charge such costs accordingly;

(f) pass by-laws each and every year imposing and levying

(i) on all real property in the Agassiz-Harrison Mills Dyking Area and upon the owners thereof as shown by the last revised assessment roll, with respect to costs incurred for dyking within the Agassiz Drainage Area;

(ii) on all real property in the Agassiz Drainage Area and upon the owners thereof as shown by the last revised assessment roll, with respect to costs incurred for drainage within the Agassiz Drainage Area; and

(iii) on all real property in the Harrison Mills Drainage Area and upon the owners thereof as shown by the last revised assessment roll, with respect to costs incurred for drainage within the Harrison Mills Drainage Area,

special rates to pay the said costs and expenses, including such amounts (if any) as may be necessary to meet annual payments on account of principal and interest arising out of any debt incurred under this section or under the Agassiz Drainage and Dyking Act, 1953; but the Council may pay out of general revenue in any year an amount not exceeding ten per centum of the dyking costs chargeable against the Agassiz-Harrison Mills Dyking Area.

(4) Should the Council decide that the cost of any new drainage-work or dyke, pumps or pumping machinery, or the reconstruction, relocation, or extension of any drainage-work or dyke, or the replacement of any pump or pumping machinery, or the cost of expropriating any lands in the exercise of any of its drainage or dyking powers is too great to be levied in a single year, the Council may by by-law, subject to the consent of the Inspector of Municipalities, borrow the necessary money on the credit of the Corporation, and may by the same by-law authorize the issuance of debentures to secure repayment of principal and interest thereon, and shall assess and levy annually until the loan is repaid, upon all the real property and owners thereof within the particular drainage area or dyking area concerned, an amount sufficient for the repayment of principal and interest of the said loan, within a period

(a) not exceeding five years, without the assent of the owner-electors to the by-law; or

(b) exceeding five years but not exceeding twenty years, with the assent of the owner-electors of the particular drainage area or dyking area involved.

(5) The special rate to pay drainage costs mentioned in clause (f) of subsection (3) shall be levied against each parcel of land within the drainage area concerned in proportion to its size, and

(a) the rate levied to pay drainage costs shall not be greater than the maximum or less than the minimum rate prescribed by the Lieutenant Governor in Council;

(b) the special rate to pay dyking costs shall be levied on the basis of the assessed value of the taxable land and that percentage of the assessed value of the taxable improvements concerned that is taxed for the general purposes of the municipality in the year of the levy.

(6) The by-laws for levying the special rates imposed under this section shall be passed each year not later than the date of the general taxation by-law for the year, and all such special rates shall be owing and payable to the Corporation, and shall be collected at the same time as the general levy; and all the provisions of the Municipal Act as to collection and recovery of rates apply thereto.

(7) The Council shall keep, or cause to be kept, in its books a separate account for and of all rates imposed under any by-law passed under this section, and shall distinguish on its books between the rates levied in respect of

(a) the Agassiz-Harrison Mills Dyking Area;

(b) the Agassiz Drainage Area;

(c) the Harrison Mills Drainage Area.

(8) Subdivision (d) of Division (3) of Part XIII of the Municipal Act does not apply within the Agassiz Drainage Area or the Harrison Mills Drainage Area.

(9) Any rates and taxes owing to the Corporation and levied under the Agassiz Drainage and Dyking Act, 1953, continue to be a debt owing to the Corporation, and all the provisions of that Act and of the Municipal Act for recovery of such rates or taxes shall remain in effect until such rates and taxes have been paid.

(10) All costs, expenses, and charges incurred by the Council in connection with the drainage-works and dykes of the Agassiz Drainage Area, the Harrison Mills Drainage Area, and the Agassiz-Harrison Mills Dyking Area from and after the first day of January, 1964, and all debt charges incurred under the Agassiz Drainage and Dyking Act, 1953, that fall due from and after the first day of January, 1964, shall be levied under the provisions of this section.

(11) The Agassiz Drainage and Dyking Act, 1953, is repealed.

1964-34-2; 1965-30-2; 1977-53-1; 1978-25-334; 1980-39-1.

New Westminster

Extension of boundaries

77   (1) Notwithstanding the provisions of section 21 of the Municipal Act or the New Westminster Incorporation Act, being chapter 42 of the Statutes of 1888, and amendments thereto, the boundaries of The Corporation of the City of New Westminster may be extended by including the area contained within the boundaries of the Connaught Heights Waterworks District, being an improvement district incorporated under the Water Act, as hereinafter provided.

(2) The Lieutenant-Governor in Council may, upon the recommendation of the Minister, by supplementary Letters Patent extend the boundaries of the city to include the area of the said improvement district.

(3) The Minister may, before making a recommendation, require and arrange for obtaining the opinion of the owners of land within the improvement district on the question of their lands becoming a part of the city, and all expenses incidental to the holding of any plebiscite shall be paid by the Minister of Finance out of the Consolidated Revenue Fund.

(4) If supplementary Letters Patent do issue under subsection (2), all the provisions of the New Westminster Incorporation Act apply to the lands and highways included as if such lands and highways had been included at the time of the incorporation of The Corporation of the City of New Westminster.

1964-34-2.

Greater Victoria

Sewage-disposal study agreement

78   The agreement entitled "Agreement re Joint Sewage Disposal Study" entered into on the sixth day of January, 1965, between The Corporation of the Village of Sidney, The Corporation of the District of Central Saanich, The Corporation of the District of Saanich, The Corporation of the District of Oak Bay, The Corporation of the City of Victoria, the corporation of the Township of Esquimalt, and the Minister of Municipal Affairs is declared to be lawful and within the powers of the municipalities being parties thereto, and is valid and binding thereon notwithstanding the provisions of any law or Statute to the contrary; and The Corporation of the City of Victoria is deemed to be the agent of the parties for the purposes of carrying out and administering the agreement.

1965-30-2.

Centennial agreement

78A   The agreement entered into by The Corporation of the City of Victoria, The Corporation of the District of Saanich, The Corporation of the District of Oak Bay, and the Corporation of the Township of Esquimalt with the University of Victoria and the Greater Victoria Canadian Confederation Centennial Society on the eighth day of March, 1966, is declared to be lawful and within the powers of the parties thereto and binding on all the parties thereto according to the tenor thereof notwithstanding the provisions of any other law or Statute.

1966-34-2.

Princeton

Sewerage charges

79   (1) Notwithstanding the provisions of the Municipal Act or any other Act or by-law of the municipality, all monthly sewerage charges levied by The Corporation of the Village of Princeton on or before the thirty-first day of December, 1964, are hereby declared lawful and are deemed to have been within the power of the said municipality, and the municipality may collect all monthly sewerage charges levied on or before the thirty-first day of December, 1964.

(2) Subsection (1) does not come into force or effect unless so declared by a by-law adopted by an affirmative vote of all the members of the Council of the said Corporation.

1965-30-2.

Saanich

Vesting of lands

80   The lands, the title to which are registered in the Victoria Land Registry Office under Certificates of Title No. 28255i and No. 28570i, are hereby vested in The Corporation of the District of Saanich in fee-simple, free from any trust but otherwise subject to the exceptions and reservations contained in the original grant from the Crown, and the Registrar of Titles may, upon production of a copy of this Act and compliance with the Land Registry Act, issue to that Corporation a certificate of indefeasible title to the said lands, free from any trust but otherwise subject to the exceptions and reservations contained in the original grant from the Crown. No fees are payable on the application under items 5 and 6 of the Scale of Fees, Second Schedule, of the Land Registry Act.

1965-30-2.

Vesting of title

80A   The lands, the title to which is registered in the Victoria Land Registry Office under Certificates of Title Nos. 27069i, 134336i, 29141i, and 29146i, are hereby vested in The Corporation of the District of Saanich in fee-simple, free from any trust but otherwise subject to the exceptions and reservations contained in the original grant from the Crown, and the Registrar of Titles may, upon production of a copy of this Act and compliance with the Land Registry Act, issue to that Corporation a certificate of indefeasible title to the said lands, free from any trust but otherwise subject to the exceptions and reservations contained in the original grant from the Crown. No fees are payable on the application under items 5 and 6 of the Scale of Fees, Second Schedule, of the Land Registry Act.

1966-34-2.

Lands for waterworks

80B   The following described lands:—

(a) That certain piece or parcel of land being part of Sections 37 and 38, Victoria District, shown and delineated as park reserve on Plan 402b, being 16.4 acres in area, more or less;

(b) Blocks D and C and Lots 2 and 3 in Block 1 of Sections 38 and 39, Victoria District, Plan 402b, registered under Certificate of Title No. 73267i; Blocks N, O, and P of Sections 37 and 38, Victoria District, Plan 402b, registered under Certificate of Title No. 68329i; Blocks F and E and Lot 21 in Block 6 of Sections 37 and 38, Victoria District, Plan 402b, registered under Certificate of Title No. 65649i; Blocks B and R and Lots 4 to 11, inclusive, in Block 1, Sections 38 and 39, Victoria District, Plan 402b, registered under Certificate of Title No. 77821i; Lot 1, Block 1, Section 39, Victoria District, Plan 402b, registered under Certificate of Title No. 73686i; and

(c) That part of Section 37, Victoria District, shown outlined in red on Plan 653 B.L., registered under Certificate of Title No. 386972i,—

are hereby vested in The Corporation of the District of Saanich for the pleasure, recreation, and community uses of the public and for the construction, establishment, and maintenance of reservoirs and waterworks free from any other trust or restriction for park purposes but otherwise subject to the exceptions and reservations contained in the original grant from the Crown, and the Registrar of Titles may, upon production of a copy of this Act and in compliance with the Land Registry Act, issue to that Corporation a certificate of indefeasible title to the said lands subject to the restrictions aforesaid and subject to the exceptions and reservations contained in the original grant from the Crown. No fees are payable on the application under items 5 and 6 of the scale of fees, Second Schedule, of the Land Registry Act.

1967-30-2

Regional park lease

80C   Notwithstanding section 247 of the Municipal Act, the Council of The Corporation of the District of Saanich may enter into a lease or other agreement with the Regional District of the Capital of British Columbia for the management, maintenance, improvement, operation, control, or use as and for a regional park by the said Corporation of the whole or any part of the real property acquired or agreed to be acquired by the said regional district under section 94 of this Act.

1967-30-2.

Financing of sewers

80D   (1) Notwithstanding the provisions of any by-laws of The Corporation of the District of Saanich (hereinafter called the "Corporation") in respect of sanitary sewers under which debts are owing by the Corporation or under which debentures of the Corporation are presently outstanding or authorized, the Council of the Corporation may, by by-law, with the assent of the owner-electors,

(a) provide for the establishment of a municipal enterprise consisting of all municipally owned and operated works, equipment, and facilities for providing sewerage facilities and for their maintenance, management, and operation;

(b) provide that from a date specified in the said by-law no levies shall be imposed, raised, or levied under the terms of the said by-laws;

(c) define an area of the Municipality of Saanich which, in the opinion of the Council of the Corporation, will be served by sewerage facilities within a period of five years from the said specified date.

(2) Subsections (3) to (12) shall only come into force upon the adoption of the by-law referred to in subsection (1).

(3) From the said specified date the total amount (excluding the Corporation's portion of the cost assumed under subsection (5) and any sum for the retirement of debt available from the amount to be raised as provided in subsection (4)) required to be raised annually for the retirement of the debt created by the aforesaid by-laws and the interest thereon, or the debt hereafter to be created for capital expenditure on or in connection with the said municipal enterprise and the interest thereon, shall be levied and raised by a tax on each parcel of real property taxable for general purposes within the area referred to in clause (c) of subsection (1) or such area extended as hereinafter provided, as follows, either

(a) a uniform parcel tax being an equal levy in dollars on each parcel; or

(b) a mill rate on the taxable assessed value for general purposes of land only;

provided, however, that the uniform parcel tax under clause (a) or the levy under clause (b) may be waived or reduced in respect of real property, any present or previous owner or present occupier of which has paid all or a portion of the debt and debt charges, excluding interest, in respect of that portion of the sewerage system of the Corporation that serves the real property.

(4) From the said specified date an amount at least sufficient to meet the annual estimated expenses of management, maintenance, and operation of the said municipal enterprise (less any amount assumed under subsection (5)) shall be raised by imposing an annual charge against the owners or occupiers of real property within the Municipality of Saanich connected to the sewerage system, in accordance with the provisions of clause (c) of subsection (1) of section 532 of the Municipal Act, and the amount so raised shall be applied, firstly, to meet the annual expenses of management, maintenance, and operation, and, secondly, in retirement of the said debt.

(5) (a) In the event the Corporation enters into an agreement or otherwise becomes obligated to pay any part of the costs of construction, operation, maintenance, or use of joint sewerage facilities, such part, less any amount thereof that the Council of the Corporation determines shall be paid out of general revenues, shall be charged against the said municipal enterprise and shall be raised in the manner provided in subsection (3).

(b) If, in the opinion of the Engineer of the Corporation, the capacity of any part of the sewerage-works, equipment, and facilities is in excess of that required to serve the area referred to in clause (c) of subsection (1), or such area extended as hereinafter provided, such portion of the annual cost of the municipal enterprise attributable to such excess capacity as the Council of the Corporation may determine, shall be paid out of the general revenues of the Corporation.

(6) If in any year the total of the amounts levied pursuant to subsections (3), (4), and clause (a) of subsection (5) are insufficient to meet the actual requirements in that year for the retirement of the debt of the said municipal enterprise and the interest thereon and the expenses of management, maintenance, and operation of the said municipal enterprise, and the share of costs for which the said municipal enterprise is responsible under clause (a) of subsection (5), the deficit shall be a charge on the general revenues of the municipality for that year.

(7) From time to time the Council of the Corporation may extend, by by-law, the boundaries of the area referred to in clause (c) of subsection (1), and shall in the by-law specify a date within five years of which the extended area will, in the opinion of the Council of the Corporation, be served with sewerage facilities; and the provisions of subsection (1) of section 618 of the Municipal Act shall apply mutatis mutandis.

(8) The Council of the Corporation may, by by-law, with the approval of the Lieutenant-Governor in Council, establish the conditions under which the municipal enterprise will provide sewerage facilities within the area referred to in clause (c) of subsection (1).

(9) Notwithstanding the provisions of subsections (3) and (4), the cost of laying connecting pipes from sewers to land on which buildings or structures are situate shall be defrayed by the imposition of a connection charge under the provisions of section 532 of the Municipal Act.

(10) The exercise of any of the powers under this section shall not restrict the Council of the Corporation in the exercise of any of the powers conferred on it by the Municipal Act or any other Act except to the extent as provided under this section.

(11) The exercise of any of the powers under this section shall not relieve the Council of the Corporation from any other requirement of the Municipal Act or any other Act except to the extent as provided under this section.

(12) Section 253 of the Municipal Act applies to the said municipal enterprise as if a certificate of self-liquidation had been granted therefor.

1967-30-2; 1968-35-2; 1973-152-11.

100 Mile House

Bridge Creek Estate land

81   If any area of land contained in the Bridge Creek Estate is to be or is included in a municipality, the definition of "owner" in section 2 of the Municipal Act is extended to include the holder of land within that estate under a registered lease agreement, if the agreement contains a covenant requiring the holder to pay all real-property taxes levied against the leasehold.

1965-30-2.

Nanaimo

Taxation exemption

82   Notwithstanding any provision of the Municipal Act or any other Act or by-law of the municipality, the following described lands and improvements thereon are exempt from any taxation imposed pursuant to "The Corporation of the City of Nanaimo Commercial Inlet Development By-law, 1964, No. 1184" so long as the buildings thereon are set apart and in use for the public worship of God: Part of Amended Lot 1, Block 55, Section 1, Nanaimo District, Plan 584, included in church-site; Lot A, Section 1, Nanaimo District, Plan 3459, except that part thereof included in Plan 13272; and Lot 5, Block 12, Section 1, Nanaimo District, Plan 584.

1965-30-2.

Bus purchase and sale

82A   (1) Notwithstanding the requirements of the Municipal Act or any other Act, The Corporation of the City of Nanaimo "Bus Purchase By-law 1965 No. 1225" is declared lawful on and from the date of the adoption of the said by-law.

(2) Notwithstanding section 216 of the Municipal Act, the Council of The Corporation of the City of Nanaimo may, by by-law, sell the buses acquired pursuant to the said "Bus Purchase By-law 1965 No. 1225" to Nanaimo Transit Limited on such terms and conditions as are mutually agreed upon.

1966-34-2.

Application of section 75

82B   Section 75 applies mutatis mutandis to The Corporation of the City of Nanaimo.

1967-30-2.

Campbell River

Amendment of Letters Patent

83   (1) The Letters Patent of the District of Campbell River and the Order in Council authorizing their issue on the seventeenth day of December, 1964, are confirmed and validated, and without the assent of the owner-electors of the municipality the Lieutenant-Governor in Council may, by supplementary Letters Patent, amend the said Letters Patent by

(a) excluding from the municipality the area of land described as Block 12, Lot 72, Sayward District, as shown on Plan 2090 on file in the Land Titles Office at Victoria, B.C., if, prior to the thirty-first day of May, 1965, at least one-half of the owners of real property in the area have signed a petition, prepared by and kept in the office of the Clerk of the municipality, requesting that their lands be so excluded;

(b) excluding from the municipality the area of land described as that part of the Willow Point Waterworks District which is in the municipality and the adjacent land covered by water in Discovery Passage, bounded on the east by a line drawn parallel to and one thousand feet perpendicularly distant from the high-water mark on the easterly shore of Vancouver Island, if, prior to the thirty-first day of May, 1965, at least one-half of the owners of real property in the above-described area have signed a petition, prepared by and kept in the office of the Clerk of the municipality, requesting that their lands be so excluded;

(c) including within the municipality the area of North Campbell River Waterworks District, if, prior to the thirty-first day of December, 1967,

(i) he is so requested by the Trustees of the District; and

(ii) at least three-fifths of the qualified owners of real property in the district who vote on the question are in favour of their lands being so included;

(d) including within the municipality the area of Quinsam Heights Waterworks District, if, prior to the thirty-first day of December, 1967,

(i) he is so requested by the Trustees of the District; and

(ii) at least three-fifths of the qualified owners of real property in the district who vote on the question are in favour of their lands being so included.

(2) The form of petition referred to in clauses (a) and (b) of subsection (1) shall be prepared by the Clerk forthwith upon the written request of at least five resident owners of real property in the said area, and he shall cause a notice stating that the petition is available for signature to be published in a newspaper circulating in the municipality at least twice prior to the thirtieth day of April, 1965, the first notice being published not less than ten days from the time of the written request aforesaid.

(3) The Minister shall cause to be made all the necessary arrangements for the holding of a poll or polls under clause (c) or (d) of subsection (1), and subsections (5) and (6) of section 10 and subsection (7) of section 21 of the Municipal Act apply mutatis mutandis.

1965-30-2; 1978-25-334.

Supplementary Letters Patent

83A   The supplementary Letters Patent of the District of Campbell River issued on the 21st day of July, 1966, pursuant to Order in Council 2147/66, and the supplementary Letters Patent issued on the 13th day of December, 1966, pursuant to Order in Council 3697/66, are confirmed and validated.

1967-30-2.

Stewart

Extension of boundaries

84   (1) Notwithstanding Part I of the Municipal Act, the Lieutenant-Governor in Council may, by Letters Patent, extend the boundaries of The Corporation of the Village of Stewart by the inclusion of any area or areas adjacent thereto and reincorporate the municipality as a district municipality, and may provide in the Letters Patent such provisions as the Lieutenant-Governor in Council may deem proper or necessary for the development of the municipality in conjunction with any industrial development or expansion in the area.

Borrowing

(2) Notwithstanding section 249 of the Municipal Act, for the purpose of providing municipal works and services, the Council of The Corporation of the Village of Stewart may, during the period ending on the thirty-first day of December, 1969, incur liabilities or borrow money without the assent of the owner-electors in such amounts as are approved by the Inspector of Municipalities.

Water and sewerage works

(3) On or before a date determined by the Minister, the Council of The Corporation of the Village of Stewart shall adopt and register in the office of the Inspector of Municipalities a by-law providing for the purchase of any waterworks and sewerage-works, constructed during the year 1965 for the purpose of serving properties within the village, for a sum not exceeding six hundred thousand dollars or the actual cost of construction, whichever sum is the lesser, and may adopt a by-law or by-laws for the borrowing of money therefor; provided that the person from whom such works are purchased has entered into an enforceable agreement with the village whereby the said vendor agrees to pay annually to the village the difference between the total revenues receivable by the village by way of rates, taxes, and charges from and for the use of the said works and the total of the amounts required for the payment of interest on and the annual repayment of principal of the moneys borrowed aforesaid.

Approvals required

(4) The agreement under subsection (3) is not enforceable unless and until the Council of the village has adopted, received the necessary approvals for, and registered in the office of the Inspector of Municipalities by-laws establishing rates, taxes, and charges as may be determined by the Inspector of Municipalities for the use of or opportunity to use the said works.

Application

(5) The provisions of this section apply to any municipality hereafter constituted in which the lands comprising the present The Corporation of the Village of Stewart are included.

1965-30-2.

Lease of sewer and water systems

(6) Notwithstanding the provisions of subsection (3), with the approval of the Inspector of Municipalities, the Council of the Village of Stewart may, by by-law, without the consent of the owner-electors, acquire the waterworks or sewerage-works, or both, specified in the said subsection by lease under such terms and conditions, including an option to purchase, as may be mutually agreed upon between the parties to the lease agreement, and for the purposes of Division (4) of Part XIII and Division (2) of Part XIV of the Municipal Act the village is deemed to be the owner of the works during the term of the lease.

1965-30-2; 1966-34-2; 1968-35-3.

Duncan and North Cowichan

Quashing period

85   Section 238 of the Municipal Act does not apply to By-law No. 820 of The Corporation of the City of Duncan, cited as "Hospital Construction Loan By-law 1965, No. 820" nor to By-law No. 1031 of The Corporation of the District of North Cowichan, cited as "District of North Cowichan Hospital Construction Loan By-law, 1965."

1965-30-2.

Transition

86   To remove any doubt or uncertainty any area declared a planning area by the Minister pursuant to the Town Planning Act, being chapter 339 of the Revised Statutes of British Columbia, 1948, is deemed to be an area declared a planning area by the Lieutenant-Governor in Council pursuant to section 720 of the Municipal Act as and from the date the area was declared a planning area by the Minister under the Town Planning Act, and the constituted Regional Planning Board is deemed to have been established on such date by Order of the Lieutenant-Governor in Council pursuant to subsection (3) of the said section 720.

1965-30-2.

Aennofield

Validation of ballot

87   Notwithstanding that "The Village of Aennofield Water Works System Establishment and Financing By-law No. 45, 1965," and "The Village of Aennofield Sewerage System Establishment and Financing By-law No. 46, 1965," were submitted to the electors on one ballot, the assent of the owner-electors to the by-law is deemed to have been validly obtained.

1966-34-2.

Gold River

Current borrowing power

88   (1) Notwithstanding the provisions of section 247 and in addition to the powers under section 264 of the Municipal Act, the Council of the District of Gold River may, without the assent of the owner-electors, by by-law approved by the Inspector of Municipalities, provide for the borrowing of such sums of money as may be requisite to meet the current expenditures of the municipality.

(2) This section applies only until the assessed values of land and improvements within the District of Gold River that may be taxed for general purposes under clause (a) of subsection (1) of section 206 of the Municipal Act exceeds ten million dollars.

1966-34-2.

Invermere

Validation of election

89   Notwithstanding the failure to comply with statutory dates for the election of members of the Council of The Corporation of the Village of Invermere in the year 1965, the election so held is valid, as if the statutory dates had been complied with.

1966-34-2.

Masset

Validation of election

90   Notwithstanding the failure to comply with statutory dates for the election of members of the Council of the Village of Masset in the year 1965, the election so held is valid, as if the statutory dates had been complied with.

1966-34-2.

By-laws

90A   Notwithstanding the non-conformity with statutory dates, the "Village of Masset Annual Budget By-law No. 49, 1966," and the "Village of Masset Tax Rate By-law No. 50, 1966," are declared valid.

1967-30-2.

Port Alice

Provision for first election

91   Notwithstanding the provisions of the Municipal Act or of the Letters Patent incorporating the District of Port Alice, the Lieutenant-Governor in Council by supplementary Letters Patent may make provisions for the election of members of the Council of the District of Port Alice other than those provided in the Letters Patent.

1966-34-2.

Revelstoke

Validation of agreement

92   Notwithstanding any provision of section 247 of the Municipal Act, the agreement entered into on the twenty-ninth day of May, 1964, between Canadian Imperial Bank of Commerce and The Corporation of the City of Revelstoke for the purchase by the city from the bank of all and singular that certain parcel or tract of land and premises situate, lying, and being in the City of Revelstoke and Province of British Columbia, and more particularly known and described as Lots 15 and 16 in Block 24, Revelstoke City, Plan 636, save and except that part of Lot 16 which lies to the north and east of a line parallel to and five feet perpendicularly distant from the north-easterly boundary of the said lot, is valid.

1966-34-2.

Williams Lake

Power to acquire land for development

93   With the approval of the Minister, the Council of the Town of Williams Lake may exercise the powers of a city municipality under the provisions of clause (a) of subsection (2) of section 465 of the Municipal Act with respect to any property situate within the corporate limits of the municipality and owned by the Pacific Great Eastern Railway Company.

1966-34-2.

Regional District of the Capital of British Columbia

Waterworks and regional park

94   Notwithstanding the provisions of subsection (2) of section 6 of the Regional Parks Act and section 247 of the Municipal Act, or any other provision of those Acts or in the Letters Patent incorporating the Regional District of the Capital of British Columbia, the Regional Board of the said district may

(a) enter into an agreement with The Corporation of the City of Victoria for the acquisition by the Regional Board of the whole or any part of the real property appertaining or belonging to the Corporation's waterworks situate in the Municipality of the District of Saanich and commonly known as the "Elk Lake Reservoir and Watershed Property," whereunder payment by the regional district is to be made during a period not in excess of ten years;

(b) lease or enter into agreements with The Corporation of the District of Saanich for the management, maintenance, improvement, operation, control, or use, as and for a regional park, of the whole or any part of the real property acquired or agreed to be acquired as aforesaid by the Regional Board.

1967-30-2.

Registration of title

94A   Notwithstanding the Land Titles Act, the lands and premises of The Corporation of the City of Victoria agreed to be conveyed by the said Corporation to the Regional District of the Capital of British Columbia by agreement dated the twenty-eighth day of June, 1967, namely, the lands and premises registered in the land titles office in the City of Victoria and described in the certificates of title listed in Schedule 1 to this section, except those parts thereof described in Schedule 2 to this section, shall be deemed to be registered lands and premises of the said Regional District of the Capital of British Columbia, and the Registrar shall accordingly make all necessary amendments to the register and such amendments constitute registration under the Land Titles Act in favour of the Regional District of the Capital of British Columbia.

Schedule 1
1084i I.F.B. 1.3013801a A.F.B. 7.5279504a A.F.B. 11.265
5049c A.F.B. 19.226142c A.F.B. 17.1932761i I.F.B. 3.479
4472c A.F.B. 19.52276c A.F.B. 17.652419a A.F.B. 5.822
3122a A.F.B. 6.5394272a A.F.B. 7.5552449a A.F.B. 6.11
1422c A.F.B. 17.779273c A.F.B. 17.496819c A.F.B. 20.210
4216a A.F.B. 7.5293790a A.F.B. 7.52518697c A.F.B. 25.428
1436c A.F.B. 17.72730c A.F.B. 16.8794809c A.F.B. 19.153
3802a A.F.B. 7.52718892a A.F.B. 16.81110062c A.F.B. 22.47
3803a A.F.B. 7.52939305i 39306i39309i 39310i
4237c A.F.B. 19.6139307i 39308i39311i 39312i
2740a A.F.B. 6.245
Schedule 2
Those parts of Sections Forty-three (43), Forty-seven (47), Forty-eight (48), and One hundred and ten (110), Lake District, B.C., lying easterly of the boundaries described as commencing at the intersection of the northerly boundary of said Section Forty-three (43) and the westerly boundary of Plan 43RW, thence southerly along the said westerly boundary of Plan 43RW to an intersection with the westerly boundary of Plan 771RW, thence southerly along the said westerly boundary of Plan 771RW to an intersection with the westerly boundary of said Plan 43RW, thence southerly along the said westerly boundary of Plan 43RW to the south-easterly boundary of the lands as shown coloured red on plan exhibited in Absolute Fees Parcels Book, Volume 8, Folio 653, No. 276c.

1968-35-2; 1978-25-332,334.

Fort St. James

Ratification of agreement

95   Notwithstanding any provision of the Municipal Act, the agreement dated the 13th day of February, 1967, entered into between Fort St. James Homesites Ltd., Emerson Donald Vinnedge, and The Corporation of the Village of Fort St. James, is declared valid and binding on the parties thereto upon the adoption of a by-law by the Council of the Village ratifying the said agreement.

1967-30-2.

Nelson

Waterworks extension

96   Notwithstanding the provisions of subsection (2) of section 283 of the Municipal Act, the Council of The Corporation of the City of Nelson may expend surplus funds in the amount of two hundred thousand dollars, borrowed pursuant to its "Waterworks Extension By-law No. 1315, of 1961," by transferring

(a) the sum of one hundred and fifty thousand dollars to the credit of "City of Nelson Improvements Loan By-law No. 1316 of 1961"; and

(b) the remaining balance of fifty thousand dollars to the credit of "City of Nelson Sanitary Sewer Extensions Loan By-law No. 1317 of 1961."

1967-30-2.

Port Hardy

Vehicle licences

97   Notwithstanding the provisions of section 458c of the Municipal Act, the District of Port Hardy Commercial Vehicle Licensing By-law, 1967, No. 9, is deemed to have been adopted on or before the 30th day of September, 1966, and all licences issued and fees charged thereunder for the licence-year 1967 are deemed to be valid.

1967-30-2.

Prince Rupert

Supplementary Letters Patent

98   The supplementary Letters Patent of the City of Prince Rupert, issued the 8th day of March, 1967, pursuant to Order in Council 740/67, are confirmed and validated.

1967-30-2.

Prince George

Charges

99   (1) For the purpose of recovering the costs of the installation of municipal services, pursuant to the City of Prince George By-laws 1671, 1708, 1743, and 1774, the Council of the City of Prince George may impose a charge on each of the parcels of land described in the Schedule attached hereto of the amount indicated for each parcel on the Schedule.

(2) The said amounts are payable in equal annual instalments of principal and interest in each of the years 1967 to 1976, inclusive, and each annual instalment is deemed to be a charge for the purposes of section 377 of the Municipal Act.

(3) Notwithstanding subsection (2), the owner of any said parcel may commute the annual instalments by the payment of any outstanding amount.

Schedule
All lots, being Cariboo District Plan 15185, with charges as follows:—
Lot No. 5, $2,450; Lot No. 31, $3,050; Lot No. 37, $2,600; Lot No. 38, $2,600; Lot No. 48, $2,850; Lot No. 49, $2,450; Lot No. 50, $2,450; Lot No. 51, $2,450; Lot No. 57, $2,750; Lot No. 79, $2,550; Lot No. 80, $2,300; Lot No. 81, $2,150; Lot No. 97, $2,800; Lot No. 165, $2,600; Lot No. 210, $2,550: Lot No. 236, $2,200; Lot No. 258, $2,150; Lot No. 259, $2,250; Lot No. 263, $2,450; Lot No. 300, $2,750; Lot No. 332, $2,550; Lot No. 333, $2,550; Lot No. 334, $2,550; Lot No. 338, $2,600; Lot No. 375, $2,450; Lot No. 393, $2,450; Lot No. 394, $2,450; Lot No. 457, $2,550; Lot No. 469, $2,300; Lot No. 475, $2,300; Lot No. 476, $2,300; Lot No. 492, $2,750; Lot No. 500, $2,650; Lot No. 513, $2,700; Lot No. 514, $2,550; Lot No. 531, $2,700; Lot No. 352, $2,450; Lot No. 353, $2,450.

1967-30-2.

Richmond

Financing of trunk sewers

100   (1) Notwithstanding any provision of the Municipal Act, the Council of The Corporation of the Township of Richmond (herein referred to as the "Corporation") may adopt, without the assent of the owner-electors, by-laws

(a) for the purpose of having constructed a system of trunk sewerage works for the collection, conveyance, and disposal of sewage, including, without limiting the generality of the foregoing, forcemain sewers and their pump-houses and such ancillary drainage-works for the impounding, conveying, and discharging of surface and other waters, as are necessary for the proper laying out and construction of the said system of sewerage-works; and the total amount to be raised annually for the retirement of debt, including principal and interest, incurred for such works shall be levied and raised by a mill rate on the taxable assessed values for general purposes of land only of all real property within the area to be benefited as defined by the Greater Vancouver Sewerage and Drainage District, that is to say

(i) the area encompassing those portions of sewerage sub-areas and local pump areas contained in the Lulu Island West Sewerage Area of the Greater Vancouver Sewerage and Drainage District as shown on the current plan of the Lulu Island West Sewerage Area,

(ii) the area encompassing Sea, Mitchell, Twigg and Eburne Islands, which is that part of the Municipality of Richmond contained in the Vancouver Sewerage Area of the Greater Vancouver Sewerage and Drainage District as shown on the current plan of the Vancouver Sewerage Area, and

(iii) that part of the Municipality of Richmond contained in the Fraser Sewerage Area of the Greater Vancouver Sewerage and Drainage District as shown on the current plan of the Fraser Sewerage Area;

as deposited from time to time in the land title office pursuant to the Greater Vancouver Sewerage and Drainage District Act;

(b) for the purpose of constructing systems of lateral sewerage works for the collection, conveyance, and disposal of sewage, including, without limiting the generality of the foregoing, such manholes and connecting drains as it deems necessary, and the total amount to be raised annually for the retirement of debt, including principal and interest, incurred for such works may be levied and raised by a mill rate on the taxable assessed values for general purposes of land and improvements of all real property within the area to be benefited as described in clause (a);

and the amount required for the construction, operation and maintenance of those works referred to in paragraphs (a) and (b) may be raised by the imposition of rates and charges pursuant to section 612 of the Municipal Act, R.S.B.C. 1979, and the rates and charges may be different for each area referred to in paragraph (a) (i), (ii) or (iii).

(2) Section 330 of the Municipal Act, R.S.B.C. 1979, applies with respect to the construction of sewers and sewerage works by the Corporation or by the Greater Vancouver Sewerage and Drainage District pursuant to subsection (3) of section 7 of the Greater Vancouver Sewerage and Drainage District Act, pursuant to this section as if a certificate of self-liquidation had been granted for the sewerage facilities pursuant to the Municipal Act.

(3) Notwithstanding clauses (a) and (b) of subsection (1), land classified as "Agricultural District" by section 5 of the Corporation's Zoning By-law No. 1430 and the zoning map appurtenant thereto as from time to time amended, repealed, or re-enacted, save and except any land which has been permitted a change of use by a land use contract entered into under section 702A of the Municipal Act, R.S.B.C. 1960, before the repeal of that section was effective, is exempt from any mill rate levied pursuant to those clauses.

(4) On, from, and after the first day of January in the year following the adoption of a by-law under subsection (1), the sewerage works referred to in the Corporation's By-law No. 1735 of Local Improvement District No. 144, as amended by By-law No. 1809 and By-law No. 1737, shall be deemed to have been constructed pursuant to clause (b) of subsection (1), and thereafter no levies or charges shall be imposed, raised, or levied under the terms of those by-laws.

1971-40-1; 1980-39-2.

Utilities

100A   (1) Subject to subsection (2) where, in the opinion of the Council of the Township of Richmond (hereinafter called the "Corporation"), it is not possible or desirable to install public utilities in, on, or over streets or lanes, the Council may from time to time, for the purpose of providing such public utilities,

(a) determine and define the location and extent of

(i) the land within the municipality on, over, or under which the utilities shall pass; and

(ii) what other land within the municipality shall be required for access to and from the aforesaid lands to adequately construct, repair, and maintain the utilities; and

(b) prepare or cause to be prepared a plan or plans showing to the satisfaction of the Registrar of the New Westminster Land Titles District the location and extent of the lands so determined and defined by the Council and whether the said lands will be used for the utilities or only for access thereto and therefrom.

(2) This section applies only where the land on, over, or under which the utilities shall pass is capable of being directly connected to the utility works to be installed on, over, or under that land.

(3) Notwithstanding anything contained in subclause (i) of clause (a) of subsection (1), the Council of the Corporation shall not include any land on, over, or under which utilities are to pass where such land is more than 3 m from the nearest registered property line, measured at right angles to such line, without first having applied to the Zoning Board of Appeal established pursuant to section 708 of the Municipal Act for an adjudication as to the necessity of the Corporation determining and defining such land pursuant to this section, and whether or not such determination causes undue hardship to the owner concerned. Where the Board is satisfied that the proposed easement is necessary and no undue hardship will be caused it shall so certify. The Zoning Board of Appeal is empowered to so adjudicate and an appeal lies to a Judge of the County Court from the decision of the Board.

(4) Before adjudicating on the merits of the Corporation's application, the Zoning Board of Appeal shall first have satisfied itself that the Corporation has caused written notice of the time, place, and nature of the proposed adjudication to be served upon the persons who are owners of the lands affected (as defined in the Municipal Act ), and service of such notice shall be deemed sufficient if sent at least two weeks before the adjudication by registered mail to such persons in accordance with section 401 of the Municipal Act.

(5) The costs and incidental expenses of causing written notice to be given pursuant to subsection (4) shall be borne by the Corporation.

(6) The plan or plans shall be

(a) certified by the Reeve and Clerk of the Corporation as having been made pursuant to and in accordance with a determination and definition of the Council under this section; and

(b) certified by the Chairman of the Zoning Board of Appeal where an adjudication made pursuant to subsection (2) has upheld in whole or in part the Corporation's application, and that no undue hardship is caused thereby,

and upon deposit of the plan or plans in the land titles office for the New Westminster Land Titles District, the Corporation shall in respect to the lands shown on the plan be entitled to,

(c) in the case of land to be used for the utilities, the rights set forth in Part I of the Schedule hereto; and

(d) in the case of land required for access to and from the utilities, the rights set forth in Part II of the Schedule hereto,

as if the said rights had been granted to the Corporation by the owner or owners of the said lands and by all interests save and except the Crown and upon compliance with the provisions of the Land Titles Act the Registrar of the said land titles district shall register the said rights against the said lands as a charge by way of right-of-way without any further grant or instrument or the production of the duplicate certificate of title to the said lands.

(7) The determination and definition of any lands by the Council as aforesaid shall be conclusive and binding on all persons except the Crown owning or having an interest in the lands and upon registration of the said rights the same shall take priority over all other interest and charges registered against the lands except those registered in the Crown.

(8) For the purpose of this section, the words "public utility" and "utility," or the plural thereof, includes, without limiting the generality thereof, sewers and sewerage.

(9) Nothing in this Act shall be deemed to limit the right of the Corporation, pursuant to the expropriation provisions of the Municipal Act, to acquire any interest in land which it otherwise would have had the right to acquire were it not for the enactment of this section.

(10) The Corporation shall not be required to make or pay any compensation for or in respect to the rights acquired under this section or anything done thereunder except the actual cost of repairing, replacing, or relocating any fence, building, shrub, garden plant, or other improvement which may be damaged, destroyed, or moved by the Corporation in the exercise of any rights acquired by it under this section.

(11) The owner or owners of the lands, on, over, or under which the Corporation shall have acquired any rights under this section shall not do or permit to be done on the said lands any of the acts, deeds, or things set forth in Part III of the Schedule hereto, and the Corporation shall observe and perform and shall cause to be observed and performed the conditions, stipulations, and things set forth in Part IV of the Schedule hereto.

(12) The Lieutenant-Governor in Council may by Order in Council make rules and regulations not inconsistent with this section in respect to the aforesaid plan or plans and other matters contained in subsections (1), (10), and (11).

Schedule
Part I.— Rights on, over, or under Lands to Be Used for the Utilities
For the Corporation by its servants, agents, licensees, and workmen to enter and re-enter upon the said lands and to cut down, trim, and remove trees, shrubs, plants, fences, buildings, and other improvements and things growing, placed, constructed, or otherwise upon the said lands and to construct, repair, replace, maintain, and keep up sewers, drains, water and gas mains, electric, communication, and telephone lines, and other public utilities, and all works and things required in connection therewith.
Part II.— Rights on, over, or under Lands Required for Access to the Utilities
For the Corporation by its servants, agents, licensees, or workmen to enter and re-enter and pass and repass on and over the said lands with or without vehicles, machinery, instruments, and tools for the purpose of exercising the rights set forth in Part I of this Schedule.
Part III.— Acts Not to Be Done by the Owners
The owners shall not build, erect, or place upon the said lands anything that will interfere with the rights of the Corporation on, over, or under the said lands, or any works, vehicles, equipment, instruments, tools, or utilities taken, placed, left, or constructed upon the said lands.
Part IV.— Conditions and Stipulations to Be Performed and Observed by the Corporation
The Corporation shall not unnecessarily damage, remove, or destroy any tree, shrub, plant, fence, building, improvement, or other thing upon the said lands, and will erect and maintain proper safeguards about its works and will remove all rubbish and debris from the said lands as soon as possible.

1967-30-2; 1977-53-1; 1978-25-332 to 334.

Sparwood

Letters Patent

101   The Letters Patent of the District of Sparwood issued the 12th day of May, 1966, pursuant to Order in Council 1439/66 and the supplementary Letters Patent issued the 6th day of October, 1966, pursuant to Order in Council 2964/66, are confirmed and validated.

1967-30-2.

Qualification for office

101A   Notwithstanding any provision of the Municipal Act, a person who owned real property which has been acquired from him by the Regional District of East Kootenay for purposes of the urban renewal scheme pursuant to the Agreement dated the twenty-sixth day of April, 1967, between Central Mortgage and Housing Corporation and the regional district, is qualified to be nominated, elected, and to hold office as a member of the Council of the District of Sparwood so long as he remains in occupation of the property so acquired, provided that he is otherwise qualified.

1968-35-2.

Vanderhoof

Statutory dates

102   Notwithstanding the non-conformity with statutory dates, "The Vanderhoof Budget By-law No. 263, 1966" is declared valid.

1967-30-2.

Water Districts

Fluoridation

103   (1) For the purposes of this section, "water district" means any of the corporations of the Greater Vancouver Water District, the Greater Victoria Water District, the Greater Nanaimo Water District, the Greater Campbell River Water District, constituted respectively under the Statutes of the Province and any regional district empowered pursuant to the Municipal Act to supply water in bulk to its member municipalities.

(2) Notwithstanding the provisions of the Municipal Act or this or any other Act, but not in any way limiting the powers granted under any such Act, a water district may undertake the fluoridation of its water supply subject to the conditions herein contained.

(3) A water district shall not fluoridate its water supply unless and until

(a) the Board of the water district has determined by resolution that the following question shall be submitted to the electors of all its member municipalities together with the electors, within the meaning of the Public Schools Act, of areas in unorganized territory required by law or contract to be directly furnished with a supply of water by the water district:

"Are you in favour of the fluoridation of the water supply of the [insert name of water district]?";

(b) the total number of votes cast in favour of the question in all member municipalities and areas referred to in clause (a) combined is equal to three-fifths of the total number of votes cast by valid ballot; and

(c) the Board of the water district has finally passed or adopted a by-law authorizing the fluoridation of the water supply of the water district.

(4) Where the Board of the water district has determined that the question should be submitted to the electors under clause (a) of subsection (3):—

(a) The Secretary of the water district shall forthwith transmit a certified copy of the resolution comprising such determination to the Clerk of each of the member municipalities of the water district; and in the case where the water district directly furnishes water to an area in unorganized territory as aforesaid, to the Secretary-Treasurer of the school district in which such area lies:

(b) The Clerk, or the Secretary-Treasurer of the school district, as the case may be, shall forthwith report the terms of the resolution to the Council or the Board of School Trustees, as the case may be:

(c) The Council or the Board of School Trustees, as the case may be, shall provide and arrange for the submission of the question at the next general election in the year in which all member municipalities are required to hold general elections, provided, however, with the concurrence of all member municipalities the said question may be submitted at any time:

(d) Except as otherwise provided herein, the provisions of the Municipal Act, the Vancouver Charter, or the Public Schools Act, as the case may be, with respect to submissions of questions to the electors, shall apply mutatis mutandis to the submission of the question:

(e) Notwithstanding anything contained in any Act, no Returning Officer or other person shall proclaim or publicly or otherwise declare or divulge the result of the submission of the question until he has been advised by the Secretary of the water district that voting has been completed in all member municipalities and in all areas aforesaid.

1967-30-2.

Service beyond boundaries

103A   Notwithstanding any provision of the Municipal Act or the Water Act, the Campbell River Fire Protection District is empowered to enter into agreements, with the approval of the Inspector of Municipalities, to provide fire-protection services to properties situate outside the boundaries of the district.

1968-35-2.

Parks

104   Notwithstanding section 112 (1) of the Land Registry Act, those certain pieces or tracts of land more particularly hereinafter described and numbered (i) to (viii) respectively, and which are shown as parks on subdivision plans deposited in the Land Registry Office in the City of Vancouver, are hereby freed and discharged of and from any easement or the right of any person to keep open, use, or enjoy the same; and the Registrar of Titles may, upon the production of a copy of this Act and upon compliance with the Land Registry Act, issue to the City of Vancouver certificates of indefeasible title to the said lands free from the purpose or object indicated or to be inferred from the words and markings on the plans, but subject to the exceptions and reservations contained in the original grant from the Crown and subject to the rights (if any) that any abutting owner may have to the coal, petroleum, fireclay, and natural gas, by virtue of section 112 (2) of the Land Registry Act :—

(a) A park deemed dedicated by Plan 8393, deposited in the Land Registry Office in the City of Vancouver, situated at the intersection of Balmoral Street and Argyle Drive, adjacent to Lots 3 to 7, Block 2, District Lot 735 (Fraserview):

(b) A park deemed dedicated by Plan 8393, deposited in the Land Registry Office in the City of Vancouver, situated at the south side of Argyle Drive, west of Victoria Drive, adjacent to Lot 1, Block 3, District Lots 728 and 735 and Lots 9 to 13, Block 3, District Lot 728 (all in Fraserview):

(c) A park deemed dedicated by Plan 8393, deposited in the Land Registry Office in the City of Vancouver, situated at the intersection of Argyle Drive and Nassau Drive, adjacent to Parcel A, Block 3, District Lot 728 (Fraserview), according to Explanatory Plan 5085 deposited:

(d) A park deemed dedicated by Plan 8393, deposited in the Land Registry Office in the City of Vancouver, situated at the intersection of 57th Avenue and Argyle Drive, adjacent to Lots 10 and 11, Block 4, District Lot 728 (Fraserview):

(e) A park deemed dedicated by Plan 8363, deposited in the Land Registry Office in the City of Vancouver, situated at the intersection of 63rd Avenue and Jasper Crescent, adjacent to Lot 13, Block 17, District Lot 328 (Fraserview):

(f) A park deemed dedicated by Plan 8574, situated at the intersection of Victoria Drive and Harrison Drive, adjacent to Lots 1 to 3, Block 23, District Lot 328 (Fraserview):

(g) A park deemed dedicated by Plan 8574, deposited in the Land Registry Office in the City of Vancouver, situated on the south side of Ancaster Crescent, east of Fraserview Drive, adjacent to Lot 16, Block 32, District Lots 258 and 332 and Lot 17, Block 32, District Lot 323 (all in Fraserview):

(h) A park deemed dedicated by Plan 8574, situated on the north side of Ancaster Crescent, east of Fraserview Drive, adjacent to Lots 1 to 6, Block 35, District Lot 332 (Fraserview).

1967-30-2.

Repealed

105   [Repealed 1994-52-118.]

City of Vancouver

Removal of restriction

106   The City of Vancouver may convey or surrender to the Crown in right of the Province, free of any trust attaching thereto, the lands comprising Blocks A and B of Lot 90, Hastings Townsite, Suburban Lands in the District of New Westminster, which comprise 0.517 acre and are shown on Plan 15, Tube 835, on file in the Ministry of Lands, Parks and Housing; and on their being so conveyed or surrendered the said lands shall vest in the Crown, and the Crown may dispose thereof free and discharged from any trust or other obligation, and the Registrar of Titles shall, upon production of a copy of this Act and compliance with the Land Titles Act, amend his registers and records accordingly.

1968-35-2; 1977-75-64; 1978-25-332; 1979-20-14.

Central Kootenay

Letters Patent

107   The supplementary Letters Patent of the Regional District of Central Kootenay, issued the eighth day of March, 1968, pursuant to Order in Council No. 751/68, are hereby confirmed and validated, and are deemed to have come into force and effect on the thirteenth day of June, 1966.

1968-35-2.

Budget

108   Notwithstanding the provisions of section 782 of the Municipal Act, the apportionment of costs to the member municipalities provided for and contained in the budget by-law of the Regional District of Central Kootenay registered with the Inspector of Municipalities on the twenty-ninth day of February, 1968, with such modifications as may be made by the application of any surplus or deficit of the previous year for any particular function, is declared valid and binding for the purposes of section 784 of the said Act for the amounts to be requisitioned from the member municipalities in and for the year 1968.

1968-35-2.

Comox-Strathcona

Supplementary Letters Patent

109   The supplementary Letters Patent of the Regional District of Comox Valley (now known as the "Regional District of Comox-Strathcona") issued the twenty-eighth day of June, 1967, pursuant to Order in Council No. 2113/67, are confirmed and validated as and from that date.

1968-35-2.

East Kootenay

Effective date

110   The supplementary Letters Patent issued the thirtieth day of January, 1968, pursuant to Order in Council No. 293/68, are deemed to have been effective on and from the first day of January, 1968.

1968-35-2.

Fraser-Burrard

Financing

111   (1) For the purposes of this section, "district" means the Greater Vancouver Water District or the Greater Vancouver Sewerage and Drainage District.

(2) The Regional District of Fraser-Burrard may finance, at the request and sole cost of a district, any undertaking or purpose for which the Administration Board of the district has adopted a borrowing by-law in accordance with the provisions of the Statute under which it is constituted.

(3) Subsections (2) and (3) of section 787 of the Municipal Act apply as if the district were a member municipality.

1968-35-2.

Gibsons

Change of name

112   With effect from the date this Act comes into force and effect, "The Corporation of the Village of Gibsons Landing" shall be called and known by the name and style of the "Village of Gibsons" and the Letters Patent of the village are deemed to have been amended accordingly.

1968-35-2.

Greater Nanaimo Sewerage and Drainage District

Membership

113   (1) For the purposes of this section, this Act and any regulation passed under this Act shall, unless the context otherwise requires, be read in conjunction with and be considered an extension of the Greater Nanaimo Sewerage and Drainage Act.

(2) The North Wellington Waterworks District is a member of the Greater Nanaimo Sewerage and Drainage District and is deemed to have been a member on and from the first day of January, 1967.

1968-35-2.

Midway

Vehicle licences

114   Notwithstanding the provisions of section 458c of the Municipal Act, By-law No. 3 of the Village of Midway, cited as "Commercial Vehicle Licensing By-law No. 3," is deemed to have been adopted on or before the thirtieth day of September, 1967, and all licences issued and fees charged thereunder are deemed to be valid.

1968-35-2.

Okanagan-Similkameen

Supplementary Letters Patent

115   The supplementary Letters Patent of the Regional District of Okanagan-Similkameen issued the second day of May, 1967, pursuant to Order in Council No. 1454/67, are confirmed and validated as and from that date.

1968-35-2.

Payment for services

116   Notwithstanding any provision of the Municipal Act or of the Letters Patent or supplementary Letters Patent of the Regional District of Okanagan-Similkameen, the expenditure of the sum of four thousand one hundred and seventy-one dollars and forty cents for professional services rendered by Alan W. Gray, architect, is deemed to have been valid and within the powers of the regional district, and the said amount shall be apportioned between Electoral Area A and The Corporation of the Village of Osoyoos on the basis of assessment as fixed for taxation for school purposes for the year 1968 (excluding property taxable for school purposes only by special Act).

1968-35-2.

Peace River

Election

117   Notwithstanding failure to comply with statutory dates, the nomination and election of the Director for Electoral Area A of the Peace River Regional District in the year 1967 is valid, and the Director is deemed to have held office on and from the date of his swearing in.

1968-35-2.

South Fort George

Incorporation date

118   For the purposes of assessment and taxation of real property, the Village of South Fort George is deemed to have been incorporated on and from the thirty-first day of December, 1967.

1968-35-2.

Thompson-Nicola

Meeting of Board

119   The meeting of the Regional Board of the Regional District of Thompson-Nicola held on the twenty-fourth day of November, 1967, is deemed to have been a legally constituted meeting of the Board notwithstanding that the Letters Patent incorporating the regional district were not issued until the twenty-eighth day of November, 1967.

1968-35-2.

New Westminster

By-law

120   By-law No. 4287 of the Corporation of the City of New Westminster, cited as "Justice Building Construction By-law, 1968," as passed third reading the eleventh day of March, 1968, is declared to be within the powers of Council of the city and if adopted shall not be amended or repealed except with the approval of the Minister.

1968-35-2.

View Royal Fire Protection District

Sewer study

121   Notwithstanding any provision of the Letters Patent incorporating the View Royal Fire Protection District, the Trustees of the district are empowered to expend a sum not exceeding three thousand dollars for the purposes of a preliminary sewerage study for the district. The amount required for such expenditure may be advanced from the Consolidated Revenue Fund as if it were a requisition in the year 1968 for the provision of fire protection and recovered by taxation in the year 1969 in accordance with the provisions of the Water Act.

1968-35-2.

Columbia-Shuswap

Supplementary Letters Patent

122   Notwithstanding any provision of section 766 of the Municipal Act, the Lieutenant-Governor in Council may, upon the recommendation of the Minister, by supplementary Letters Patent amend section 3 of the supplementary Letters Patent issued in respect of the Regional District of Columbia-Shuswap the thirteenth day of June, 1966, pursuant to Order in Council No. 1775/66, to provide that a defined area or areas in Electoral Area A shall share the cost of the function with the Village of Golden.

1968-35-2.

Greater Vancouver Water District

Agreement with City of Vancouver

123   (1) For the purposes of this section, this Act and any regulation passed under this Act, unless the context otherwise requires, shall be read in conjunction with and considered an extension of the Greater Vancouver Water District Act.

(2) Notwithstanding the provisions of the Vancouver Charter or the Greater Vancouver Water District Act, the proposed Agreement between the City of Vancouver and the Greater Vancouver Water District, which has been executed by the city and which, on the 13th day of October, 1967, the Board of the water district resolved to execute, is, on its execution by the Greater Vancouver Water District, valid and binding on the city and the water district, and the said parties to the Agreement may carry out and give full force and effect to every covenant agreement, stipulation, and provision of the Agreement according to the terms thereof.

1968-35-2.

Regional Districts

Repealed

124   [Repealed 1993-54-85.]

Validation budget and rates by-laws

125   Notwithstanding that the provisions of the Municipal Act were not complied with, the following by-laws are declared valid and effectual from the respective dates of adoption: The Corporation of the Village of Hazelton cited as "Tax Rates By-law No. 71, 1968"; The Corporation of the Village of Hazelton cited as "Annual Budget By-law, 1968"; District of Hudson's Hope cited as "Annual Budget By-law No. 70, 1968"; District of Hudson's Hope cited as "Rates By-law No. 71, 1968"; District of Mackenzie cited as "Annual Budget By-law, 1968"; District of Mackenzie cited as "Rates By-law, 1961."

1969-23-2.

Letters Patent

126   Notwithstanding the provisions of the Municipal Act, the following Letters Patent or supplementary Letters Patent and the Orders in Council authorizing their issue are confirmed and validated as from the respective dates of issue:—

Letters Patent —Date of
Issue
Order in
Council
District of Houston ..........January 31, 1969 ........279/69
City of Kimberley............October 29, 1968........3364/68
District of Stewart...................June 27, 1968..............2044/68
Supplementary Letters Patent —Date of
Issue
Order in
Council
Regional District of Central Kootenay ...................December 3, 1968......3828/68
Regional District of East Kootenay ........................November 6, 1968......3467/68
Regional District of East Kootenay ........................ January 21, 1969.........153/69
District of Gold River .............November 20, 1968....3607/68
Greater Vancouver Regional District.....................July 30, 1968..............2429/68

1969-23-2.

By-law funds

127   (1) Notwithstanding section 283 of the Municipal Act, the Council may, by by-law, with the approval of the Inspector of Municipalities, place any unexpended balance of moneys borrowed for hospital purposes in any fund established under Part VII of the Municipal Act.

(2) The Council may, by by-law, with the approval of the Inspector of Municipalities, place moneys received from a regional hospital district for repayment of grants made by the municipality for hospital purposes, other than from funds raised by the borrowing of money, in any fund established under Part VII of the Municipal Act.

(3) Where moneys are expended from a reserve fund established pursuant to subsection (1) or (2), the Council may, by by-law, provide that such moneys be repaid with or without interest to the fund in accordance with the terms set out in the by-law.

1969-23-2.

Tax penalty date

128   Where a penalty date established by by-law under section 384 of the Municipal Act fell within the period of the postal strike in 1968, or where it was anticipated that the penalty date would fall within such period, any action taken by a Council to advance the penalty date to a later date shall be deemed to be a valid amendment of the by-law for the year 1968 only.

1969-23-2.

Repealed

129   [Repealed 1993-54-85.]

Borrowing By-laws

Transitional

130   (1) Notwithstanding the repeal of section 279 of the Municipal Act by section 85 of the Municipal (Amendment) Act, 1968, the provisions of section 279 of the Municipal Act remain in force and effect with respect to any by-law authorizing the borrowing of money which was adopted prior to the coming into force and effect of section 85.

(2) Notwithstanding section 264a of the Municipal Act, a borrowing by-law, adopted under section 257a of the Municipal Act prior to the repeal of that section by the Municipal (Amendment) Act, 1968, that provides for the issuance of two or more separate series of debentures and has no provision for a specified rate of interest is deemed to be a loan authorization by-law adopted under section 248 of the Act in accordance with the formalities and restrictions contained in the Act and may be included in a security-issuing by-law under section 251 of the Act for any portion of the borrowing authorized under the by-law for which no debentures have been issued.

1969-23-2.

Regional Districts

Transfer of Regional Planning Boards

131   (1) Where a Regional Planning Board was established under section 720 of the Municipal Act, the Lieutenant-Governor in Council may, by supplementary Letters Patent, declare the provisions of sections 795 to 798d of the Municipal Act to apply to the regional districts within the regional planning area, and the provisions of subsections (3) and (4) of section 766 of the Municipal Act do not apply.

(2) This section is retroactive to the extent necessary to give force and effect to the provisions on and from the first day of December, 1968.

1969-23-2.

Repealed

132   [Repealed 1970-34-2.]

Coquitlam

Utilities

133   The provisions of section 10d apply to The Corporation of the District of Coquitlam.

1969-23-2.

Duncan and New Westminster

Sidewalk canopies

134   The provisions of section 75b apply to The Corporation of the City of New Westminster and The Corporation of the City of Duncan.

1969-23-2.

Fraser Mills-Coquitlam

Provision for amalgamation

135   (1) The Councils of The Corporation of the District of Coquitlam and The Corporation of the District of Fraser Mills shall jointly cause a study to be made of the effect on the respective municipalities, and on specific groups within the municipalities, of a proposed amalgamation of the two municipalities.

(2) Upon receiving the information resulting from the study, the Councils shall negotiate the terms and conditions of the proposed amalgamation.

(3) On or before the thirtieth day of September, 1969, the Councils shall report to the Minister the result of the negotiations and terms and conditions upon which they have agreed.

(4) Notwithstanding the Municipal Act or any other Act, if the two Councils request an amalgamation of the two municipalities in accordance with the terms and conditions referred to in subsection (3), upon the recommendation of the Minister, the Lieutenant-Governor in Council may accept the surrender of the Letters Patent of the two municipalities and may issue Letters Patent incorporating the new municipality and may include in the Letters Patent the terms and conditions agreed to by the two Councils and may include directions on any of the matters referred to in section 12 of the Municipal Act and such other provisions as the Lieutenant-Governor in Council may deem proper or necessary.

1969-23-2.

Kamloops

Agreement

136   (1) The Agreement dated the eighth day of September, 1968, between the Council of the Kamloops Band of Indians of the Kamloops Indian Reserve No. 1 and the Council of the City of Kamloops, whereby it was agreed that a portion of the Kamloops Indian Reserve No. 1 will be incorporated within the boundaries of the City of Kamloops, is declared to be valid and within the powers of the Council of the city; and in the event that the boundaries of the city are so extended, the Council of the city shall have all the powers necessary to fulfil its obligations under the Agreement.

(2) In the event that the Lieutenant-Governor in Council receives a petition pursuant to paragraph 5 of the said Agreement, the Lieutenant-Governor in Council may, upon the recommendation of the Minister, issue supplementary Letters Patent excluding the portion of the Indian reserve from the municipality.

1969-23-2.

Nanaimo

Lease

137   (1) Notwithstanding the terms and conditions contained in a deed of land registered in the Land Titles Office at Victoria, in British Columbia, under D.D. 14817n, or any provision of the Municipal Act or any other Act, or any rule of law or equity to the contrary, the Council of The Corporation of the City of Nanaimo may, by by-law, and with the assent of the owner-electors of the City of Nanaimo, demise and lease to the Nanaimo Curling Club a portion, to be described in the by-law, of the following real property: That part of Section One (1), Nanaimo District, lying south and east of the Millstone River, north of the Comox Road, and west of the right-of-way of the Esquimalt and Nanaimo Railway, and of parcel registered under No. 16813c; except Parcel X (D.D. 661n) of said section, containing five (5) acres, more or less, and except Machleary Street and Weakesiah Avenue. The land hereby registered, including said street and avenue, contains eighty-nine and four-tenths (89.4) acres, more or less, as shown outlined in red on explanatory plan deposited under D.D. 14817n, — for a term not exceeding twenty years, and upon such terms and conditions as may be agreed upon between the Council and the Nanaimo Curling Club.

(2) The Registrar of Titles of the Victoria Land Titles District may accept for registration, free from any condition or trust contained in D.D. 14817n, any such lease.

1969-23-2; 1978-25-333,334.

Okanagan Basin Water Board

Provision for joint board

138   (1) The Lieutenant-Governor in Council may, upon the recommendation of the Minister, issue supplementary Letters Patent to the Regional Districts of Okanagan-Similkameen, Central Okanagan, North Okanagan, and Columbia-Shuswap, or any of them, providing that such regional district is empowered to participate with any other regional district in the establishment and operation of a board to be known as the "Okanagan Basin Water Board" (referred to as the "Water Board"), and the provisions of subsection (4) of section 766 of the Municipal Act do not apply to supplementary Letters Patent issued pursuant to this section.

(2) The supplementary Letters Patent issued pursuant to this section shall set out

(a) the member municipalities of the regional districts participating in the Water Board;

(b) the objects and purposes of the Water Board;

(c) the basis for sharing cost of the Water Board between the regional districts;

(d) the basis of sharing the portion of the cost of the regional district between its participating member municipalities;

(e) a limitation of the cost of the function of the Water Board;

(f) the representation of the regional district on the Water Board; and

(g) such other provisions and conditions as the Lieutenant-Governor in Council may deem proper and necessary.

1969-23-2.

Saanich

Land assembly and development

139   (1) The Council of The Corporation of the District of Saanich may acquire and develop any property within the areas shown outlined in red on a plan entitled "Colquitz Basin Land Assembly and Development Plan," dated the twelfth day of February, 1969, signed by the Municipal Clerk of The Corporation of the District of Saanich, and filed in the Land Titles Office, Victoria, under D.F. 111724, for municipal, public, residential, agricultural, commercial, or industrial use, or any combination of those uses, and provide such works and services as are deemed necessary or beneficial to the development of the area.

(2) Subsections (2) and (3) of section 465 of the Municipal Act apply, with the necessary changes and so far as is applicable, to the acquisition and development of property under this section.

(3) Notwithstanding section 253 of the Municipal Act, the Council of The Corporation of the District of Saanich may borrow, without the assent of the owner-electors, a sum not exceeding one million dollars for the purposes of subsection (1).

(4) The powers conferred on the Council of The Corporation of the District of Saanich by this section extend to all of the properties referred to in subsection (1), whether such properties lie within or without the Municipality of Saanich.

(5) The Council of The Corporation of the District of Saanich may, by by-law, regulate or prohibit the filling of any of the properties in the areas referred to in subsection (1) which, in the opinion of Council, would interfere with any of the purposes of subsection (1).

1969-23-2; 1978-25-334.

Surrey-White Rock

Boundary study

140   (1) The Minister may appoint a Commissioner to inquire into the effect of a proposed change in the boundaries between The Corporation of the District of Surrey and The Corporation of the City of White Rock.

(2) The Commissioner is authorized and empowered to undertake the study in accordance with the following terms of reference:—

(a) The portion of the District of Surrey that is to be the subject of inquiry by the Commissioner is all that portion of the district which lies south and west of the centre line of the Nicomekl River and Highway No. 499:

(b) The Commissioner shall determine the assets and liabilities of the District of Surrey as of the thirty-first day of December, 1968, and the proportion of those assets and liabilities applicable to that portion of the district referred to in clause (a); and, for this purpose, the Commissioner shall give due regard to the current market values and not to the book values:

(c) The Commissioner shall, in so far as it is possible, evaluate and report on the effect that any adjustment of boundaries, with its consequent reallocation of assets and liabilities, might have on the remainder of the District of Surrey, the portion of the district referred to in clause (a), and on the City of White Rock:

(d) The Commissioner shall, in so far as it is possible, evaluate and report on the effect that any adjustment of boundaries might have on the services provided to the portion of the district referred to in clause (a) and the remainder of the district; and, for this purpose, shall consider water supply and distribution, streets and roads, parks, drainage, dyking, and beach protection, and the provision of sanitary sewer service for the portion of the district referred to in clause (a):

(e) The Commissioner shall determine, for the year 1968, the amounts and sources of all revenue and expenditures of the District of Surrey attributable to the portion of the district referred to in clause (a):

(f) The Commissioner shall determine the share of the total bonded indebtedness of the District of Surrey and of the City of White Rock that the portion of the district referred to in clause (a) would be required to share:

(g) The Commissioner shall determine the effect that the reallocation of bonded debt would have on the borrowing powers of the remainder of the District of Surrey and the enlarged City of White Rock:

(h) The Commissioner shall not, during the investigation or in the report, indicate the desirability or otherwise of any proposed boundary adjustment:

(i) The Commissioner shall complete his investigation and report without undue delay and, in any case, within a period of six months from the date of his appointment or such further period as the Minister of Municipal Affairs and Housing, in his discretion, may decide:

(j) The Commissioner shall report his findings to the Minister of Municipal Affairs and Housing and concurrently forward a copy of his report to the District of Surrey and to the City of White Rock, and the content of the report shall not be disclosed by the Commissioner to any other party:

(k) The Commissioner shall have the powers granted a Commissioner under the provisions of the Public Inquiries Act.

1969-23-2; 1977-75-7.

Vancouver

Moneys in lieu of taxes

141   (1) For the purposes of this section,

"demised lands" means all those portions of the subject lands which on the date the subject lands are conveyed to the city are held under lease, together with the improvements and chattels thereon;

"lessee" means lessee of any of the demised lands;

"subject lands" means all the land, including improvements, fixtures, and chattels thereon, shown outlined in red on a plan entitled "False Creek Land to Be Conveyed to the City of Vancouver," dated the twelfth day of March, 1969, and signed by the Deputy Minister of Lands and the City Clerk of the City of Vancouver, which plan is on file in the Ministry of Lands, Parks and Housing under Plan No. 18, Tube No. 897.

(2) If at any time after the subject lands have been conveyed to the City of Vancouver any of the demised lands are in whole or in part exempt from taxation under the Vancouver Charter or the Public Schools Act, then every lessee of demised lands so exempt shall pay to the City of Vancouver, in a like manner and time as taxes would have been payable, an amount of money equal to the amount that but for such exemption would have been payable.

(3) For the purposes of determining the amount of money that but for an exemption would have been payable, the Assessment Commissioner of the City of Vancouver shall in each year assess separately the lands demised by each lease.

(4) Every lessee has the right to appeal the assessment on his demised lands, and for this purpose the provisions of the Vancouver Charter and the Assessment Equalization Act relating to appeals shall apply mutatis mutandis.

(5) The provisions of the Vancouver Charter relating to the collection of real-property taxes from the occupiers of Crown lands shall apply, mutatis mutandis, to the collection of all moneys made payable by subsection (2) of this section.

1969-23-2; 1977-75-64; 1979-20-14.

Repealed

142   [Repealed 1971-40-3.]

Victoria

Debenture issue

143   Notwithstanding anything contained in the Municipal Act but subject to the Victoria City Debt Refunding Acts of 1937 and 1944, the Council of The Corporation of the City of Victoria may provide in any security-issuing by-law adopted under the authority of By-law No. 5480, being a by-law of the Corporation cited as the "Capital Budget Borrowing Submission By-law, 1964," or under the authority of any comprehensive loan authorization by-law hereafter adopted by the Council pursuant to section 253a of the Municipal Act, for the issuance of debentures pursuant to the terms and conditions of which payments by way of interest on principal are to be made semi-annually or annually, and payments in repayment of principal are to be made on the maturity thereof on a date to be fixed by the by-law, but the date shall not be later than ten years after the date of adoption of the by-law or the approval by the Lieutenant-Governor in Council, whichever is later.

1969-23-2.

Greater Vancouver Regional District

By-law No. 8

144   (1) By-law No. 8 of the Greater Vancouver Regional District is declared to be in all respects valid and effectual, and the by-laws of the member municipalities, including that of the Greater Vancouver Sewerage and Drainage District referred to therein, are declared in all respects valid and effectual and, for the purposes of such By-law No. 8, By-law No. 1317 of The Corporation of the District of Coquitlam, By-law No. 3652 of The Corporation of the City of North Vancouver, By-law No. 3150 of The Corporation of the District of North Vancouver, and the by-laws of The Corporation of Delta referred to in By-law No. 8 are security-issuing by-laws.

(2) The Greater Vancouver Regional District is hereby empowered to raise all or part of the moneys authorized to be borrowed under By-law No. 8 in dollars of the United States of America; but the total amount raised under the said by-law shall be approximately equal in Canadian funds to the amount authorized by the by-law, and the surplus accruing, or the loss suffered, resulting from any fluctuation of the value of the United States dollar in relation to the Canadian dollar shall be borne by, or be to the credit of, the member municipalities.

1969-23-2.

Not in force

145   [Not in force.]

Lower Mainland Regional Planning Board

Confirms Orders in Council

146   (1) Orders in Council Nos. 4116/68 and 837/69, and the regulations made thereunder, and the supplementary Letters Patent issued pursuant to Order in Council No. 4116/68 are confirmed and validated on and from the date of their approval.

(2) For the purpose of effecting the winding-up of the affairs of the Lower Mainland Regional Planning Board, the Lieutenant-Governor in Council may make such further regulations as are considered necessary or advisable, and such regulations shall have the same force and effect as if enacted by this Act.

1969-23-2.

By-laws

Validates by-laws

147   Notwithstanding that the statutory adoption dates were not complied with, the following by-laws are declared valid and effectual from the respective dates of adoption: The Corporation of the Village of Ashcroft "Tax Rates By-law No. 137, 1969"; The Corporation of the Village of Ashcroft "Annual Budget By-law, 1969"; Village of Chase "Annual Budget By-law, 1969"; Regional District of Dewdney-Alouette "Annual Budget By-law No. 5, 1969"; The Corporation of the Village of Hazelton "Annual Budget By-law, 1969"; The Coroporation of the Village of Hazelton "Tax Rates By-law No. 77, 1969"; District of Mackenzie "Rates By-law, 1969"; Powell River Regional District "Annual Budget By-law, 1969"; Village of Sayward "Tax Rates By-law No. 13, 1969"; Village of Sayward "Village of Sayward Budget By-law No. 15, 1969"; Village of Valleyview "Commercial Vehicle Licensing By-law".

1970-34-3.

Capital Programmes

Validates by-law

148   A by-law adopting a capital expenditure programme pursuant to section 199a of the Municipal Act during the year 1970 is declared valid and effectual, notwithstanding that such by-law was adopted after the fifteenth day of May, 1970.

1970-34-3; 1971-40-4.

Campbell River

Amends by-law

149   In clause (b) of section 2 of the District of Campbell River by-law cited as "The Business Tax By-law No. 386, 1968", for the words, "four per centum (4%)" shall be read the words, "four-tenths of one per centum (4/10%)", from the date of its adoption.

1970-34-3.

Campbell River Fire Protection District

Approval

150   Notwithstanding any provision of an agreement entered into between the Willow Point Waterworks District and Campbell River Fire Protection District pursuant to By-law No. 40 of the fire protection district, the location of the fire hall referred to in the agreement shall be at such location as may be approved by the fire commissioner.

1970-34-3; 1978-22-9.

Courtenay

Validates by-law

151   The Corporation of the City of Courtenay By-law No. 1009, cited as "Civic Square Parking Lot and Theatre Arts Complex Loan Authorization By-law No. 1009, 1970", is declared valid and effectual from the date of its adoption.

1970-34-3.

Duncan

Validates agreement

152   The Corporation of the City of Duncan shall be deemed to have had, and has, full power and authority to enter into an agreement for purchase and sale of the water utility system of the Eagle Heights Waterworks District substantially in the form of agreement deposited in the office of the Inspector of Municipalities on the nineteenth day of February, 1970.

1970-34-3.

Hudson's Hope

Reduction in area

153   Notwithstanding the provisions of Part I of the Municipal Act, the Lieutenant-Governor in Council may, upon the recommendation of the Minister, by supplementary Letters Patent, reduce the area of the District of Hudson's Hope so that the area excluded by such reduction reverts to unorganized territory, and he may in the supplementary Letters Patent change the status of the district to a village and impose such conditions as he considers proper.

1970-34-3.

100 Mile House

Validates by-law

154   Village of 100 Mile House "Council Indemnity By-law Amendment By-law No. 89" is declared valid and effectual from the first day of January, 1969.

1970-34-3.

Kitimat

Provision to change corporate name

155   Upon the request of the Council and the recommendation of the Minister, the Lieutenant-Governor in Council may, by supplementary Letters Patent, change the name of The Corporation of the District of Kitimat.

1970-34-3.

Matsqui, Sumas, Abbotsford

Sewers

156   (1) This section comes into force on a date that the Central Fraser Valley Regional District is granted, under Part XXIV of the Municipal Act and the supplementary Letters Patent thereunder, the function of trunk sewers and sewage disposal to serve The Corporation of the Village of Abbotsford, The Corporation of the District of Matsqui, and The Corporation of the District of Sumas, or parts thereof.

(2) The Councils of The Corporation of the Village of Abbotsford, The Corporation of the District of Matsqui, and The Corporation of the District of Abbotsford may, by by-law, provide that all or part of the amount required to meet the annual requisition of the regional district, for the function referred to in subsection (1), shall be borne by the owners of real property within the area designated in the supplementary Letters Patent of the regional district as the area to be served by the facilities of the regional district, as if such area was a specified area under Division (2) of Part XVI of the Municipal Act.

(3) Subject to subsection (4), the provisions of subsection (4) of section 616 of the Municipal Act do not apply to by-laws adopted by the Council of The Corporation of the District of Matsqui or the Council of The Corporation of the District of Sumas to establish a specified area under that section for the purposes of undertaking the construction, maintenance, and operation of sewage-collection systems.

(4) The provisions of clause (b) of subsection (1) of section 253 of the Municipal Act apply with the necessary changes and so far as is applicable to a by-law referred to in subsection (3).

1970-34-3.

Nanaimo

Powers under Div. (2), Part XVI

157   If, subsequent to the enactment of this section, the boundaries of The Corporation of the City of Nanaimo are extended, the provisions of Division (2) of Part XVI of the Municipal Act apply to The Corporation of the City of Nanaimo as if it were a district municipality.

1970-34-3.

Port Alberni

Validates by-laws

158   Notwithstanding that the provisions of subsection (10) of section 427 of the Municipal Act were not complied with, any otherwise-valid by-law of the City of Port Alberni adopted pursuant to that section is declared valid and effectual for the years 1970 and 1971.

1970-34-3.

Port Hardy

Exceptions

159   Until the first day of January, 1975, the provisions of sections 249 and 253 of the Municipal Act do not apply to the District of Port Hardy.

1970-34-3.

Prince Rupert

Enables by-law adoption

160   Notwithstanding the provisions of sections 245 or 253 of the Municipal Act, the Council of the City of Prince Rupert may, without the assent of the owner-electors, adopt By-law No. 1835, cited as "Recreational Complex and Library Facilities Amendment By-law No. 1835", as passed third reading the nineteenth day of February, 1970, provided that by the twelfth day of March, 1970, no petition has been received pursuant to a notice in respect of the by-law published by the city.

1970-34-3.

Quesnel

Enables increase of size of Council

161   The provisions of section 151 of the Municipal Act apply to The Corporation of the Town of Quesnel as if it were a city or district municipality.

1970-34-3.

Sumas

Arena

162   The Council of The Corporation of the District of Sumas may, by by-law, provide that all or part of the annual requisition of the Central Fraser Valley Regional District, for the purposes of the Matsqui-Sumas-Abbotsford Community Arena, under Division II of the Letters Patent and supplementary Letters Patent of the regional district, shall be raised by a rate levied and imposed on the assessed value of improvements only.

1970-34-3.

Sunshine Coast Regional District

Validates by-laws

163   Sunshine Coast Regional District By-laws Nos. 30, 31, 32, and 33, cited as "Real Property Expropriation By-law No. 30, 1969"; "Real Property Expropriation By-law No. 31, 1969"; "Real Property Expropriation By-law No. 32, 1969"; "Personal Property Expropriation By-law No. 33, 1969" are declared valid and effectual from the date of their adoption and are declared to be within the powers of the Regional Board.

1970-34-3.

Vancouver

West End Community Centre

164   (1) The approval of the required majority of the property owners to a by-law entitled "A By-law to Contract a Debt by the Issue and Sale of Debentures in the Aggregate Principal Amount of $2,000,000 in Lawful Money of Canada for the Purpose of Constructing, Furnishing, and Equipping a Community Recreation Centre and Providing Off-street Parking Facilities Therefor in the Block Bounded by Barclay Street, Cardero Street, Haro Street, and Bidwell Street in the City of Vancouver; and for Authorizing the Constructing, Furnishing, and Equipping of the Said Community Recreation Centre and Providing Off-street Parking Therefor" which, on the eleventh day of December, 1968, was submitted to the owners of real property in a portion of District Lot 185 in the City of Vancouver, shall be deemed to be approval of the required majority to a question submitted pursuant to the provisions of section 523b of the Vancouver Charter, as enacted by section 25 of chapter 45 of the Statutes of British Columbia, 1969.

(2) Before a by-law is enacted, the Council shall publish a notice in two issues of a daily newspaper circulating in the city stating that unless five per centum of the owners of real property whose property will be assessed under the by-law indicate their opposition, Council will pass a by-law authorizing the issue of debentures at an interest rate differing from that contained in the original by-law submitted to the owners of real property, and also stating the maximum rate of interest payable in respect of the debentures.

(3) Notwithstanding this section, or the Vancouver Charter, or the provisions of the by-law approved by the required majority of property owners referred to in subsection (1), the proceeds of a by-law passed pursuant to, and in compliance with, this section may be used for constructing, furnishing, and equipping a Community Recreation Centre with off-street parking facilities on a site bounded by Barclay, Cardero, Haro, and Denman Streets.

1970-34-3; 1972-38-2.

Vernon

Validates agreement

165   Notwithstanding the provisions of section 247 of the Municipal Act, an agreement entered into on the first day of December, 1969, between The Corporation of the City of Vernon and the Vernon Irrigation District is declared valid and effectual from the date of the agreement.

1970-34-3.

Williams Lake

Loan authorization by-law

166   Notwithstanding the provisions of the Municipal Act, the Council of the Town of Williams Lake may, without the assent of the owner-electors, adopt a loan authorization by-law authorizing the borrowing of an amount not exceeding one hundred thousand dollars for a term not exceeding ten years, for the purpose of repaying moneys borrowed on behalf of the general revenue fund of the Town of Williams Lake in the years prior to 1970.

1970-34-3.

Sewers

Repealed

167   [Repealed 2000-7-239.]

Kent

Validates by-laws

168   (1) Notwithstanding anything in the Municipal Act or in this Act, The Corporation of the District of Kent by-laws cited as "District of Kent Flood Control Loan Authorization By-law No. 517, 1969" and "Agassiz-Harrison Mills Dyking Area Flood Control Loan Authorization By-law No. 518, 1969" are declared valid and effectual from the date of adoption, and the agreement with the Province made under those by-laws is valid and effectual from the date of such agreement.

(2) For the purposes of the agreement referred to in subsection (1), or any subsequent agreement under subsection (6) of section 526a of the Municipal Act, the Agassiz Drainage Area, the Harrison Mills Dyking Area, and the Harrison Mills Drainage Area, as defined in section 76, are declared to be specified areas established under and subject to the provisions of section 526a.

1970-34-3.

Chilliwhack

Amends Act

169   (1) Section 10 of the Chilliwhack Dyking District Act, 1949, is amended by

(a) inserting after the word "systems" in the third line of clause (a) the words, "River Bank Protection Works"; and

(b) inserting after the word "systems" in clause (b) the words, "River Bank Protection Works".

(2) The Corporation of the Township of Chilliwhack has full power and authority to enter into and carry out any agreements with the Province to implement works carried out under the Federal-Provincial Agreement, being "Agreement Covering a Plan for Flood Control in the Fraser Valley, British Columbia", signed on the twenty-fourth day of May, 1968, and for the purposes of such agreement, the provisions of subsections (4) to (7) of section 526a of the Municipal Act apply to the Township of Chilliwhack and the Chilliwhack Dyking District, as if the area of the dyking district within the township were a specified area established pursuant to the provisions of section 526a.

1970-34-3.

Delta

Plans for land of B.C. Harbours Board

170   With the approval of the Lieutenant-Governor in Council, the Council of the Corporation of Delta may, jointly with the British Columbia Harbours Board, undertake preparation of plans of development expressed in the form of maps, plans, reports, or any combination thereof, for lands, foreshore, and lands covered by water, held or acquired for the purposes of the British Columbia Harbours Board and for any adjacent lands designated by the Council of the municipality.

1970-34-3.

Fort St. James

Borrowing

171   Notwithstanding subsection (3) of section 248 or subsection (2) of section 249, both of the Municipal Act, the Council of The Corporation of the Village of Fort St. James may borrow a sum not exceeding thirty thousand dollars for a municipal hall, including library facilities.

1970-34-3.

Validation of assessment rolls

172   Notwithstanding the provisions of the Municipal Act, the Assessment Equalization Act, or any other Act, the real property assessment roll of a municipality for taxation purposes for the year 1971 is not invalidated merely by reason of the Assessor failing to make and subscribe to the statutory declaration referred to in section 349 of the Municipal Act.

1971-40-5.

Employment programmes

173   (1) The provisions of section 253 of the Municipal Act do not apply to a loan authorization by-law where the money is to be borrowed from the Government of Canada pursuant to a programme to stimulate employment; but the Inspector of Municipalities, prior to approving the by-law pursuant to section 255 of the Municipal Act, may direct that the by-law be submitted for the assent of the owner-electors.

(2) Notwithstanding the provisions of subsection (3) of section 248 of the Municipal Act, the Council of a village may use funds borrowed from the Government of Canada pursuant to a programme to stimulate employment for any capital purpose within the jurisdiction of the Council.

(3) This section is retroactive to the first day of December, 1970.

1971-40-5.

Municipal Finance Authority of British Columbia Act not to apply

174   Section 22 of the Municipal Finance Authority of British Columbia Act does not apply where the money is to be borrowed from the Government of Canada.

1971-40-5.

Letters Patent

175   Notwithstanding the provisions of the Municipal Act, the following Letters Patent and supplementary Letters Patent and the Orders in Council authorizing their issue are confirmed and validated as from the respective date of issue:—

Date of
Issue
Order in
Council
All Regional DistrictsJune 17, 19701961/70
District of HoustonOctober 20, 19703484/70
City of Grand ForksJanuary 7, 197136/71
Village of Port AliceJanuary 19, 1971
(effective date,
January 1, 1971)
198/71

1971-40-5.

Fire protection

176   Where a regional district is providing fire protection for a specified area, the Regional Board may, by by-law, exercise the powers of clause (l) of subsection (1) of section 59 of the Water Act.

1971-40-5.

Validation of by-law

177   (1) Any municipal or regional district by-law authorizing the borrowing of money for water, sewer, or pollution control and abatement facilities adopted prior to the first day of April, 1968, for which financing has not been completed is, without amendment, a sufficient loan authorization by-law to finance the amount authorized pursuant to such by-law through the Municipal Finance Authority of British Columbia.

(2) Subsection (1) applies only to that portion of the amount authorized for which no securities have been issued.

1971-40-5.

Finance Authority appointments

178   All Regional Board appointments of members to the Municipal Finance Authority of British Columbia for the year 1970 are confirmed and validated, notwithstanding that any such appointment was made subsequent to the last day of February.

1971-40-5.

Campbell River

179   The tax sale conducted by the Collector of the District of Campbell River under section 395 of the Municipal Act in the year 1970 is declared a nullity and the provisions of subsection (2), section 409, of that Act apply, with the necessary changes and so far as are applicable; and the Registrar of the Victoria Land Titles District shall cancel all references in the records to the tax sale.

1971-40-5; 1978-25-333.

Columbia Basin Water Board

180   (1) The Lieutenant-Governor in Council may, upon the recommendation of the Minister, issue supplementary Letters Patent to the Regional District of Central Kootenay, Kootenay Boundary, East Kootenay, and Columbia-Shuswap, or any of them, providing that such regional district is empowered to participate with any other such regional district in the establishment and operation of a Board to be known as the "Columbia Basin Water Board" (herein referred to as the "Water Board"), and the provisions of subsections (4), (4a), (4b), and (4c) of section 766 of the Municipal Act do not apply to supplementary Letters Patent issued pursuant to this section.

(2) The supplementary Letters Patent issued pursuant to this section shall set out

(a) the member municipalities of the regional districts participating in the Water Board;

(b) the objects and purposes of the Water Board;

(c) the basis for sharing cost of the Water Board between the regional districts;

(d) the basis of sharing the portion of the cost of the regional district between its participating member municipalities;

(e) a limitation of the cost of the function of the Water Board;

(f) the representation of the regional district on the Water Board; and

(g) such other provisions and conditions as the Lieutenant-Governor in Council may deem proper and necessary.

1971-40-5.

Regional District of Comox-Strathcona

181   Notwithstanding the provisions of subsection (1) of section 766AAA of the Municipal Act, the by-law of the Regional District of Comox-Strathcona entitled "Lake Trail and Powerhouse Road Specified Area Establishment By-law, 1970" is declared valid and effectual from the date of its adoption.

1971-40-5.

Cranbrook, Fernie, and Kimberley

182   (1) Notwithstanding the provisions of subsection (1) of section 571 of the Municipal Act or any other Act, the agreements entered into on the thirtieth day of June, 1970, between The Corporation of the City of Cranbrook and the British Columbia Hydro and Power Authority; The Corporation of the City of Fernie and the British Columbia Hydro and Power Authority; the City of Kimberley and the British Columbia Hydro and Power Authority and any variations made from time to time in those agreements are declared valid and effectual from the date of the agreements and within the power of the respective Corporations and City.

(2) Notwithstanding the provisions of subsection (1) of section 472 of the Municipal Act, all moneys received as interest on the sale price and the revenue phasing-out allowance and for systems rental by the Cities of Cranbrook, Fernie, and Kimberley from the sale of their electrical distribution systems may be treated as general revenue until the first day of January, 1979, but in the case of the City of Kimberley, such general revenue shall be deemed to be revenue applicable to expenditures for those services enumerated in clauses (a) to (i) of section 24 of the supplementary Letters Patent of the City of Kimberley dated the twenty-ninth day of October, 1968.

1971-40-5.

Fraser Mills-Coquitlam

183   Notwithstanding the Municipal Act or any other Act, the Lieutenant-Governor in Council may, upon the recommendation of the Minister, declare the Letters Patent of The Corporation of the District of Coquitlam and The Corporation of the District of Fraser Mills surrendered, and may issue Letters Patent reincorporating the area comprising the former municipalities as a new municipality and may include in the Letters Patent such provisions as the Lieutenant-Governor in Council may consider proper and necessary and may include, without limiting the generality of the foregoing, provisions respecting any matter referred to in section 12.

1971-40-5.

Greater Vancouver Regional District

184   (1) The Regional Board of the Greater Vancouver Regional District is empowered to carry out studies and investigate

(a) transportation needs as envisaged by the municipalities that comprise the Greater Vancouver Regional District;

(b) the financial aspects pertaining to clause (a); and

(c) a plan for the transportation function and the constitution of an agency to undertake the function.

(2) Upon the approval by the Regional Board of the plan developed under subsection (1), the Board may carry out negotiations with the municipalities, other public bodies, and operators of public transport facilities to prepare and develop a detailed proposal.

1971-40-5.

Greater Vancouver Regional District Regional Parks

185   (1) The Lieutenant-Governor in Council may dissolve the Vancouver-Fraser Park District and, by supplementary Letters Patent, add the function of regional parks pursuant to the Regional Parks Act to the functions of the Greater Vancouver Regional District.

(2) The participating member municipalities of the regional district are those member municipalities that were participating member municipalities of the former regional park district and, for the purposes of this function, those member municipalities of the former regional park district not within the regional district are deemed to be members of the regional district with all the rights, duties, and obligations of a member municipality of the regional district with respect to the regional parks function.

(3) The Lieutenant-Governor in Council may, at the request of the Regional Board, in the supplementary Letters Patent or further supplementary Letters Patent, add further member municipalities whether such member municipality is within or without the regional district.

(4) Before making a request under subsection (3), the Regional Board shall obtain the consent of the Council of the municipality concerned.

(5) Upon the dissolution of the Vancouver-Fraser Park District and the issue of supplementary Letters Patent to the regional district, all of the assets, rights, claims, obligations, and liabilities of the regional park district are transferred and become the assets, rights, claims, obligations, and liabilities of the Greater Vancouver Regional District.

1971-40-5.

Houston

186   The Lieutenant-Governor in Council may, upon the recommendation of the Minister, amend the Letters Patent incorporating the District of Houston dated the thirty-first day of January, 1969, to the extent necessary to provide that the first fully elected Council of the municipality be elected and take office at a date earlier than provided in the Letters Patent.

1971-40-5.

Repealed

187   [Repealed 1994-52-119.]

Nanaimo

188   (1) Notwithstanding the provisions of subsection (3) of section 617 of the Municipal Act, in the event that the Council of The Corporation of the City of Nanaimo undertakes to provide off-street parking facilities pursuant to the provisions of Division (4) of Part XXVII of the Act and all or part of the cost thereof is met out of moneys borrowed, the Council may, by by-law, adopted by an affirmative vote of at least two-thirds of all the members of the Council and approved by the Inspector of Municipalities, provide for the application of so much of the current revenue derived from the operation of parking meters within the City of Nanaimo as the Council may by such by-law determine to the repayment of the debt or to the payment of interest thereon.

(2) The Council may, subject to the approval of the Minister, similarly make a capital contribution from a reserve fund toward the cost of providing such off-street parking facilities.

(3) The balance of the cost shall be charged against the owners of real property within the specified area pursuant to the provisions of Division (2) of Part XVI of the Act.

1971-40-5.

Port Alberni

189   Notwithstanding the provisions of section 581 of the Municipal Act, the Council of the City of Port Alberni may, on petition, provide, as a work of local improvement, crosswalks, plantings, decorative structures, shelters, seating, canopies, and similar works on, in, under, or over any highway in any commercial area or part or parts thereof.

1971-40-5.

Port Hardy-Princeton-Tahsis

190   Section 22 of the Municipal Finance Authority of British Columbia Act does not apply to the District of Port Hardy and Villages of Princeton and Tahsis.

1971-40-5.

Salmon Arm

191   (1) Notwithstanding any provision of the Municipal Act, if a valid petition is received by the Council of the District of Salmon Arm from the owner-electors within an area defined by the Minister requesting a vote on the question of excluding that area from the municipality, the Council shall arrange for such a poll to be taken as well as a poll on the same question in the remainder of that area of the municipality which comprised the former The Corporation of the District of Salmon Arm.

(2) If, at each of the polls provided for under subsection (1), at least three-fifths of the total votes cast by valid ballot are in favour of the area being excluded, the Lieutenant-Governor in Council may, on the recommendation of the Minister, by supplementary Letters Patent reduce the area of the municipality accordingly.

(3) The Lieutenant-Governor in Council may, in the supplementary Letters Patent, include such conditions as the Lieutenant-Governor in Council may deem proper or necessary.

1971-40-5.

South Fort George

192   (1) Notwithstanding the provisions of section 26 of the Municipal Act, the Minister may direct that the question of uniting the Village of South Fort George with the City of Prince George be submitted to the owner-electors of the Village of South Fort George.

(2) If the assent of the owner-electors of the Village of South Fort George is obtained pursuant to subsection (1), the Lieutenant-Governor in Council may, upon the recommendation of the Minister, accept the surrender of the Letter Patent of the City of Prince George and of the Village of South Fort George and issue other Letters Patent uniting the two municipalities.

(3) Letters Patent under this section may include directions on any of the matters referred to in section 12, and such other matters as the Lieutenant-Governor in Council may deem proper or necessary.

1971-40-5.

Vancouver

Repealed

193   [Repealed 1973-152-11.]

Not enacted

194-195   [Not enacted.]

Greenwood

196   The title of The Corporation of the City of Greenwood to the following described lands acquired at tax sale proceedings is hereby confirmed and vests in The Corporation of the City of Greenwood:—

(a) Lots 2, 3, 5, 6, 7, 9, 10, and 12, Block 54, District Lot 711, Similkameen Division of Yale District, Plan 70:

(b) Lots 5, 6, 7, 8, 11, and 12, Block 87, District Lot 711, Similkameen Division of Yale District, Plan 70, subject to 14292E as to all minerals precious and base (save coal and petroleum) which may be found lying in or under District Lot 830, Similkameen Division Yale District, known as the Fred "D" Mineral Claim.

1971-40-5.

Prince George

197   Section 75B applies, with the necessary changes and so far as is applicable, to the City of Prince George.

1971-40-5.

Surrey

198   (1) to (3) [Not in force.]

(4) This section, excepting this subsection and subsection (5), comes into force on a day to be fixed by the Lieutenant-Governor by his Proclamation, and he may fix different dates for the coming into force of the several provisions of this section.

(5) Subsection (4) and this subsection comes into force on Royal Assent.

1971-40-5; 1977-53-1.

199   (1) Notwithstanding the provisions of the Municipal Act, or any by-law of the municipality, all moneys required to be raised from the specified areas established by The Corporation of the District of Surrey "Whalley Recreation District Capital Works Construction and Loan By-law, 1964, No. 2158" and The Corporation of the District of Surrey "Cloverdale Community Centre Construction and Loan By-law, 1955, No. 1338" shall be levied and imposed on the municipality at large.

(2) Notwithstanding any provision of the Municipal Act, the assent of the owner-electors is not required for the adoption of a loan authorization by-law to finance the works set out in the Surrey Parks and Recreation Commission Recommended Five-Year Facility Development Programme Report dated the eighth day of September, 1971, for the Crescent Park development.

(3) Until the programme set out in the report referred to in subsection (2) is complete, the works set out in the programme shall not be amended nor shall borrowing for any other capital works for recreational purposes be undertaken, except upon the affirmative vote of at least two-thirds of all members of Council and the approval of the Lieutenant-Governor in Council.

1972-38-3.

Greater Vancouver Regional District

200   (1) Notwithstanding any provision of the Vancouver Charter or the Municipal Act, the Lieutenant-Governor in Council may, by supplementary Letters Patent, grant as a function to the Greater Vancouver Regional District powers for the control and abatement of air pollution in respect of any class or classes of operation and for such specific period or periods of time as may be made applicable under section 8 of the Pollution Control Act, 1967, to the area of the Greater Vancouver Regional District.

(2) The supplementary Letters Patent issued pursuant to this section shall set out such terms and conditions as may be considered proper or necessary and, without affecting the generality of the foregoing, may provide

(a) for the procedures to be followed by the regional district with respect to applications for air pollution control permits and objections thereto;

(b) for the appeal procedures from decisions made in the exercise of the powers granted to the regional district; and

(c) for the procedures to determine the standards respecting the quality and character of the contaminant or contaminants which may be discharged into air.

(3) The Lieutenant-Governor in Council may make, alter, and repeal regulations for carrying out the spirit, intent, meaning, and purpose of supplementary Letters Patent issued pursuant to subsection (1).

(4) The Lieutenant-Governor in Council may, at the request of the Regional Board, in the supplementary Letters Patent or further supplementary Letters Patent, add, for the purposes of this function, further member municipalities not within the regional district.

1971-40-5.

Thompson-Nicola Regional District

201   (1) Upon the request of the Regional Board of the Thompson-Nicola Regional District, a Committee shall be established consisting of the Mayors of the City of Kamloops, the Town of Valleyview, the District of Brocklehurst and the District of Dufferin and the Chairman of the B.C. Fruitlands Irrigation District to investigate and make recommendations on whether and on what terms and conditions the regional district should provide the following works and services for the area comprising the above-named municipalities and improvement districts:

(a) Water supply and trunk mains:

(b) Sewage disposal and trunk mains:

(c) Recreation facilities and programmes:

(d) Protection of persons and property by the assumption of the powers and duties of Divisions (1) and (2) of Part XX of the Municipal Act; and

(e) Community planning by the assumption of the powers and duties of Division (1) of Part XXI of the Municipal Act.

(2) The Regional Board shall not request the establishment of a Committee under subsection (1) until it has submitted the question of establishing the Committee to the owner-electors of the area set out in subsection (1) at large, and the total number of votes cast in favour of the question is equal to three-fifths of the total votes cast by valid ballot.

(3) If the Committee recommends that any or all of the works and services referred to in subsection (1) should be provided by the regional district, the question of granting such function or functions to the regional district shall be submitted to the owner-electors of the area at large.

(4) If the total number of votes cast in favour of the question is equal to three-fifths of the total votes cast by valid ballot, the Lieutenant-Governor in Council, upon the recommendation of the Minister, may, by supplementary Letters Patent, grant such functions to the regional district and may in the supplementary Letters Patent provide for the implementation of such of the recommendations of the Committee and such other terms and conditions as are deemed proper and necessary.

(5) Where a question is to be submitted to the owner-electors under subsection (2) or (3), the Secretary of the regional district shall notify the Councils or Trustees of each municipality or improvement district, as the case may be, who shall provide for the submission of the question within their jurisdiction.

(6) The Clerk or Secretary concerned shall arrange for the conduct of the poll in accordance with the provisions of the Municipal Act and any directions of the Secretary of the regional district.

(7) For the purposes of this section "owner-elector" means, in the case of a municipality, an owner-elector within the meaning of the Municipal Act, and, in the case of an improvement district, an owner of land within that part of the improvement district not within a municipality who is a Canadian citizen or other British subject of the full age of nineteen years.

1972-38-4.

Waiver of rates

202   (1) The Council may, by by-law, waive any part of any tax, rate, or charge imposed for the purpose of providing water, sewers, or pollution control and abatement facilities, with respect to their application to property owned and occupied by any class of citizens of sixty-five years of age or over specified in the by-law.

(2) Any deficiency resulting from a waiver of taxes, rates, or charges pursuant to subsection (1) shall be made up from the general revenues of the municipality.

1972-38-5; 1974-59-1

Repealed

203   [Repealed 1994-52-120.]

Repealed

204   [Repealed 2000-7-240.]

Burnaby-Vancouver

205   The Councils of The Corporation of the District of Burnaby and the City of Vancouver are empowered to enter into agreements, under such terms and conditions as are considered necessary, for the purpose of establishing, constructing, or maintaining highways within or partially within either municipality.

1972-38-5.

Castlegar-Kinnaird

206   (1) Notwithstanding any provision of the Municipal Act, revenue raised pursuant to any business tax by-law of the Town of Castlegar from the industrial plant site defined in the supplementary Letters Patent of the Town of Castlegar issued the twenty-eighth day of December, 1967, shall be shared between the Town of Castlegar and the Town of Kinnaird on the basis of sixty per cent for the Town of Castlegar and forty per cent for the Town of Kinnaird, and the Town of Castlegar shall collect the revenue and pay over to the Town of Kinnaird forty per cent of such revenue.

(2) This section applies only if the Town of Kinnaird imposes a business tax within its jurisdiction at the same rates as that imposed by the Town of Castlegar.

1972-38-5.

Central Saanich

207   Notwithstanding section 532 of the Municipal Act, the Council of The Corporation of the District of Central Saanich may, by by-law,

(a) define an area of the municipality of Central Saanich that, in the opinion of the Council of the Corporation, will be served by the municipal sewerage system within a specified period from the date of the adoption of the by-law;

(b) from the date of the adoption of the by-law, impose upon the owner of real property either

(i) a uniform parcel tax being an equal levy in dollars on each parcel of land within the said area; or

(ii) a frontage tax;

but the uniform parcel tax under paragraph (i), or the frontage tax under paragraph (ii), may be waived or reduced in respect of real property, any present or previous owner of which

(iii) has constructed at his own expense any portion of the sewerage system of the municipality; or

(iv) has paid all debt and debt charges, including interest, in respect of that portion of the sewerage system of the municipality that serves the real property; and

(c) impose a connection charge upon owners of real property for the privilege of connecting the real property to the municipal sewerage system; but, in the by-law, provision shall be made whereby the connection charge may be waived or reduced in respect of real property, any present or previous owner or present occupier of which has constructed at his own expense a sewerage disposal system for that real property.

1972-38-5.

North Saanich

208   (1) The Council of the District of North Saanich may, by by-law, with the approval of the owner-electors, establish a reserve fund for the purpose of protecting the general ecology of the District.

(2) Where a fund has been established under subsection (1), the Council may enter into an agreement with any owner of land whereby the municipality agrees to compensate the owner for the right of the municipality to preserve the timber on the land for a period of up to twenty years.

(3) Where a by-law has been adopted pursuant to subsection (1), no person shall cut timber from any parcel of land exceeding 8 000 m2 within the municipality until he has notified the municipality in writing of his intention to cut timber and the municipality has declared in writing that it will not enter into an agreement under subsection (2), or until sixty days have elapsed from the date upon which the owner notified the municipality.

1972-38-5; 1977-53-1.

Port Alberni

209   Notwithstanding any provision of the Municipal Act, the agreement entered into between Port Alberni Harbour Commissioners and MacMillan Bloedel Limited and City of Port Alberni on the twenty-third day of February, 1972, is declared valid and effectual on and from the date of the agreement.

1972-38-5.

Prince Rupert

210   Notwithstanding any provision of the Municipal Act, or any other Act, the Lieutenant-Governor in Council may, from time to time, upon the recommendation of the Minister, by supplementary Letters Patent, extend the boundaries of the City of Prince Rupert to include any lands required for or conducive to the establishment and operation of a national harbour.

1972-38-5.

Revelstoke

211   (1) Notwithstanding the provisions of subsection (1) of section 571 of the Municipal Act, or any other Act, the agreements entered into on the twenty-eighth day of December, 1971, between The Corporation of the City of Revelstoke and the British Columbia Hydro and Power Authority and any variations made from time to time in those agreements are declared valid and effectual from the date of the agreements and within the power of the Corporation.

(2) Notwithstanding the provisions of section 472 of the Municipal Act, the Council of the City of Revelstoke may transfer to the general revenue fund of the municipality such amount as is approved by the Minister not exceeding one hundred thousand dollars per annum from the annual payments made to it pursuant to the agreement referred to in subsection (1), but the provisions of section 472 otherwise apply.

1972-38-5.

District of Stewart

212   Notwithstanding any provision of the Municipal Act, the agreement entered into between the District of Stewart and Granduc Operating Company on the thirty-first day of July, 1968, is declared valid and effectual from the date of the agreement and within the power of the district.

1972-38-5.

Sumas Drainage, Dyking, and Development District

213   (1) The area of the Sumas Drainage, Dyking, and Development District, as described in the Sumas Drainage, Dyking, and Development District Act, being chapter 87 of the Statutes of British Columbia, 1920, is amended by deleting and removing therefrom all lands lying to the east of the centre lines of the Sumas River, the Vedder Canal, and the Vedder River.

(2) The land so deleted and removed under subsection (1) shall be deemed to be a specified area within The Corporation of the Township of Chilliwhack under section 526A of the Municipal Act.

(3) Sixteen decimal five seven eight per cent of the assets and liabilities of the Sumas Drainage, Dyking, and Development District are hereby transferred to, and shall be assumed by, The Corporation of the Township of Chilliwhack, excepting any land or interest in land, or any portion of the debt owing to the Province under the Dyking Assessments Adjustment Act, 1947.

(4) The provisions of this section come into force on a date to be fixed by the Lieutenant-Governor by his Proclamation.

1972-38-5.

Surrey-White Rock

214   (1) The Councils of The Corporation of the District of Surrey (herein called the "District") and The Corporation of the City of White Rock (herein called the "City") shall designate an area (herein called the "transfer area") within the District that may be included within the City.

(2) Where a transfer area has been designated under subsection (1),

(a) the Council of the District shall submit the question of the area of the municipality being so reduced to the owner-electors in

(i) the transfer area; and

(ii) the remainder of the municipality; and

(b) the Council of the City shall submit the question of the boundaries of the City being so extended to the owner-electors of the City.

(3) If the number of votes cast in favour of the question is equal to three-fifths of the votes cast by valid ballot,

(a) in the transfer area;

(b) in the transfer area and the remainder of the District combined; and

(c) in the City;

the Lieutenant-Governor in Council may, by supplementary Letters Patent, so reduce the area of the District and extend the area of the City by the inclusion of the transfer area within the City.

(4) Before issuing supplementary Letters Patent under this section, the Minister may appoint a Commissioner or Commissioners to recommend to him the terms and conditions to be included in the supplementary Letters Patent.

(5) The Lieutenant-Governor in Council may, in the supplementary Letters Patent, impose upon either or both municipalities such conditions as the Lieutenant-Governor in Council may consider proper or necessary.

(6) If the Councils of the District and the City, or either of them, do not prior to the thirty-first day of May, 1972, designate the transfer area and provide for the submission of the question as required by this section, the Minister may designate the transfer area and direct the Clerks of the municipalities to submit the question.

1972-38-5.

Terrace

215   Regardless of any use of, or reservations placed on, the land, the District of Terrace is authorized to transfer any land owned by it required as a site for Parkside School to the Board of School Trustees of School District No. 88 (Skeena-Cassiar) in exchange for other land owned by the School District.

1972-38-5.

Vancouver

216   (1) Notwithstanding the provisions of the Vancouver Charter, the Minister may declare that any specified real property, within the City of Vancouver, that is vested in the city, but held or occupied by a person who holds the real property otherwise than by or on behalf of the city is liable to taxation pursuant to the rating by-laws, on and from such date as may be specified by the Minister.

(2) The Minister may declare that the real property referred to in a declaration made pursuant to subsection (1) of this section shall be liable to taxation on and from a date prior to the coming into force of this section and the Minister may amend or revoke the declaration.

(3) A declaration made pursuant to this section shall continue to be of full force and effect unless and until the liability for the said real property for taxation determines as provided for in subsection (4) of this section, notwithstanding that the real property ceases to be vested in the City of Vancouver after the making of the declaration.

(4) On and from the date on which either

(a) the real property specified in a declaration made pursuant to subsection (1), or any part thereof, ceases to be held or occupied by a person who holds or occupies the real property otherwise than by or on behalf of the City; or

(b) the real property, or any part thereof, is released from the effect of a declaration made pursuant to subsection (1) by a declaration made pursuant to subsection (2),

the liability of the real property, or part thereof, for taxation shall be determined as if this section had not been enacted.

(5) The real property referred to in subsection (1) shall be entered in the assessment roll in the name of the holder or occupier thereof, whose interest shall be assessed at the actual value of the land and improvements comprising the real property.

(6) The Collector of Taxes will be entitled to amend the tax roll and the assessment roll to the extent necessary to give effect to this section and any declarations made hereunder.

(7) Notwithstanding the provisions of the Vancouver Charter and the Public Schools Act, the taxes imposed on the real property referred to in subsection (1) of this section are a liability only of the holder or occupier of such real property, recoverable in the manner set out in the Vancouver Charter, but the real property is not liable to tax sale, nor are such taxes a lien or charge on the real property.

(8) The real property shall be deemed not to be exempt from taxation under the Vancouver Charter for the purposes of subsection (2) of section 202 of the Public Schools Act.

(9) The person whose name has been entered in the assessment roll pursuant to subsection (2) of this section shall be deemed to be the owner of the real property for the purposes of the Provincial Home Acquisition Act, and for the purposes of the Provincial Home-owner Grant Act.

(10) The real property shall be deemed not to be exempt from taxation for school purposes only by special Act, for the purposes of subsection (2) of section 26 of the Regional Hospital Districts Act.

(11) The words "actual value," "improvements," "land," and "real property" in this section have the meanings given to them, respectively, in the Vancouver Charter, and, where the context so requires, by the Assessment Equalization Act.

(12) This section applies only to real property that is held or occupied for housing purposes.

1972-38-5.

217   Notwithstanding the provisions of the Municipalities Aid Act, where the City of Vancouver has not applied the requisite amount for the purposes set out in paragraph (i) of clause (c) of subsection (1a) of section 3 of that Act, that amount shall be paid into a reserve fund for the purposes set out in that paragraph (i).

1972-38-5.

Alberni-Clayoquot

218   (1) Notwithstanding any provision of the Municipal Act, or the Letters Patent of the Regional District of Alberni-Clayoquot, on and from a date specified by the Minister, the area comprising the Beaver Creek Improvement District shall become Electoral Area E of the regional district and the area comprising the Cherry Creek Waterworks District shall become Electoral Area F.

(2) The Minister may make such directions as he considers proper and necessary to provide for the first election of Directors to represent the electoral areas referred to in subsection (1) and their term of office.

(3) On and from the date specified under subsection (1), the appointment of the Directors presently representing the improvement districts are terminated.

1972-38-5.

Burnaby

219   Notwithstanding any provisions of Part III of the Municipal Act, the Council of The Corporation of the District of Burnaby may make provision for and adopt such procedures as are necessary for balloting and voting for candidates, by-laws or referendums at the annual election in 1972 by the use of voting machines, providing that secrecy of voting is maintained.

1972-38-5.

District of Campbell River

220   By-law No. 522 of the District of Campbell River, cited as "Downtown Off-Street Parking Specified Area By-law No. 522, 1972," as passed third reading on the eighth day of February, 1972, is confirmed and validated upon approval of the Minister and adoption by the Council.

1972-38-5.

Regional District of Comox-Strathcona

221   By-law No. 69 of the Regional District of Comox-Strathcona, cited as "Electoral Area I Disposal Grounds Specified Area Establishment By-law, 1971," is confirmed and validated from the date of its adoption.

1972-38-5.

222   (1) The Regional Board of the Regional District of Comox-Strathcona may, by by-law, extend the "Lake Trail and Powerhouse Road Specified Area" established pursuant to the Regional District of Comox-Strathcona By-law No. 46, and the provisions of subsection (1) of section 618 of the Municipal Act do not apply.

(2) The provisions of section 253 of the Municipal Act do not apply to a loan authorization by-law adopted for the purpose of financing works within the specified area so extended.

1972-38-5.

Regional District of Nanaimo

223   (1) The supplementary Letters Patent issued to the Regional District of Nanaimo dated the fifteenth day of March, 1972, and Order in Council 1014/72 authorizing their issue are confirmed and validated as from the date of issue.

(2) The Lieutenant-Governor in Council may at the request of the Regional Board amend the Letters Patent referred to in subsection (1).

(3) The Greater Nanaimo Sewerage and Drainage District Act is repealed.

(4) Subsection (3) comes into force and effect on a date to be fixed by the Lieutenant-Governor by his Proclamation, and subsections (1), (2), and (4) come into force on Royal Assent.

1972-38-5;.

Port Hardy

224   The supplementary Letters Patent issued to the District of Port Hardy dated the thirtieth day of December, 1971, and Order in Council 4766/71 authorizing their issue are confirmed and validated from the date of issue.

1972-38-5.

Repealed

225   [Repealed 1987-14-56.]

Chilliwhack

226   On the recommendation of the Minister, the Lieutenant-Governor in Council may, by supplementary Letters Patent, extend the area of The Corporation of the Township of Chilliwhack to include all or part of Cultus Lake Park as established under the Cultus Lake Park Act, and the supplementary Letters Patent may include such provisions as the Lieutenant-Governor in Council may consider proper and necessary.

1972-38-5.

New Westminster

227   The provisions of section 10D apply with the necessary changes and in so far as are applicable to the Corporation of the City of New Westminster with respect to that part of the municipality within District Lots 172, 757, and 758, Group 1, New Westminster District.

1972-38-5.

Comox-Strathcona

228   (1) Notwithstanding section 766 of the Municipal Act, upon the request of the Regional Board of the Regional District of Comox-Strathcona the Lieutenant-Governor in Council may, by supplementary Letters Patent, grant to the regional district the functions of recreation and community services, or either of them, for any designated part of the regional district upon such terms and conditions as are considered proper and necessary.

(2) Before making a request under subsection (1), the Regional Board, with the approval of the Minister, shall designate the area of the regional district which is to participate and share in the cost of the functions and submit the question of assuming the functions to the owner-electors in the area so designated at large.

(3) No request shall be made under subsection (1) unless the total number of votes cast in favour of the question submitted under subsection (2) is equal to three-fifths of the total votes cast by valid ballot in the area at large.

1972-38-5.

Reorganizing municipalities

229   (1) Notwithstanding anything to the contrary in Part I of the Municipal Act, or in any other Act or regulation, the Lieutenant-Governor in Council may, if he considers it to be in the public interest,

(a) dissolve the City of Kamloops, the District of Brocklehurst, the District of Dufferin, and the Town of Valleyview and, by Letters Patent, reincorporate the residents of the area comprising

(i) the land within those municipalities; and

(ii) such other land not within those municipalities as he considers proper

into one new municipality;

(b) dissolve the City of Kelowna and, by Letters Patent, reincorporate the residents of the area of land comprising

(i) the land within that municipality; and

(ii) such other land not within that municipality as he considers proper

into one new municipality.

and in the Letters Patent or by Order may

(c) dissolve an improvement district that is wholly or partly within the area referred to in clause (a) or clause (b); and

(d) transfer any or all of the assets, rights, claims, obligations, and liabilities of an existing municipality, regional district, or improvement district to the new municipality.

(2) Notwithstanding anything to the contrary in Part I of the Municipal Act, or in any other Act or regulation, or in the Letters Patent of the existing municipality or improvement district, the Lieutenant-Governor in Council may, in the Letters Patent or supplementary Letters Patent, for the purposes of this section,

(a) exempt the new municipality incorporated under this section or any part thereof from any provision of any other Act or regulation:

(b) exempt the owners and residents of the new municipality or any part thereof from any provision of any other Act or regulation;

(c) provide for the periods of time during which any exemption under clause (a) or (b) is effective, and different times may be specified for the several exemptions;

(d) include any provisions that the Lieutenant-Governor in Council considers necessary or desirable and that are required to carry out the intent and purpose of this section and the incorporation of the new municipality.

(3) The Letters Patent or supplementary Letters Patent issued under this section and every provision thereof prevails over any other Act or regulation or any provision thereof, or the provisions of any other Letters Patent or supplementary Letters Patent affected thereby, to the extent that the Act, regulation, or other provision conflicts with, is inconsistent with, or is repugnant to, the Letters Patent, supplementary Letters Patent, or provision thereof issued under this section.

(4) Notwithstanding anything to the contrary in Part I of the Municipal Act, or in any other Act or regulation, the Minister is not required to direct that a poll be taken before making a recommendation to the Lieutenant-Governor in Council under this section, and the requirements of section 10, 18, 18A, 21, 25, or 26 of the Municipal Act do not apply to an incorporation under this section.

(5) This section shall be deemed to have come into force on the tenth day of October, 1972, and is retroactive to the extent necessary to give full force and effect to its provisions on or after that date.

1973-63-1.

Validating assessment rolls

230   No assessment or assessment roll for the year 1974 is invalid for the reason only that the assessment roll was not completed and authenticated by the Court of Revision by the twenty-eighth of February.

1974-59-2.

Burnaby

231   Notwithstanding the provisions of the Municipal Act or any by-law of the municipality,

(a) the following by-laws of The Corporation of the District of Burnaby; namely, By-laws numbered 6330, 6331, 6337, 6338, 6339, 6344, 6353, 6357, 6358, 6359, 6360, 6385, 6397, 6404, 6405, 6406, 6407, 6414, 6418, 6419, 6428, 6429, 6436, 6440, 6441, 6443, 6445, 6447, 6448, 6457, 6479, 6480, and 6481; and

(b) the following by-laws of The Corporation of the District of Burnaby, which have not yet been finally adopted but upon which public hearings have been held; namely, By-laws numbered 6341, 6342, 6343, 6396, 6415, 6416, 6417, 6426, 6427, 6437, 6438, 6439, 6442, 6444, 6446, 6449, 6465, 6466, 6467, 6468, 6478, 6482, and 6483,

shall be deemed not to be invalid or defective by reason only that section 703 (2a) of the Municipal Act and clause (7) of section 7.8 of The Corporation of the District of Burnaby By-law numbered 4742 was not complied with.

1974-59-2.

Greater Vancouver Water District and Sewerage and Drainage District

232   (1) For the purpose of this section, this Act and the regulations passed under this Act shall, unless the context otherwise requires, be read in conjunction with and be considered an extension of the Greater Vancouver Water District Act and the Greater Vancouver Sewerage and Drainage District Act, as the case may be.

(2) The Greater Vancouver Water District Act, being chapter 22 of the Statutes of British Columbia, 1924, is amended

(a) by repealing section 10 (3) and substituting the following as subsections (3) and (3a):

(3) The regional district director of a municipality within the Greater Vancouver Water District that is not a member municipality of the Greater Vancouver Regional District shall be a member of the Board as if the municipality were a member municipality of the Greater Vancouver Regional District; but, where that municipality is entitled to more than one Regional Board Director, the Council shall determine which director shall be a member of the Board.

(3a) Subsection (3) comes into force on the first day of January, 1975. ;

(b) in section 70, by striking out the words "Dominion of Canada" at the end of the second sentence and substituting the words "Government of Canada or any province thereof, or in securities the principal and interest of which are guaranteed by the Government of Canada or any province thereof";

(c) in section 74 (1), by inserting, after the word "thereof" in the third last line, the words "or securities of the Municipal Finance authority of British Columbia;" ; and

(d) by repealing section 75 and substituting the following:

Investments
75Except as otherwise provided, moneys to the credit of any fund or funds may be invested or reinvested in
(a)securities of the Government of Canada or any province thereof;
(b)securities the principal and interest of which are guaranteed by the Government of Canada or any province thereof;
(c)securities of a regional district, or any of them;
(d)securities of the Municipal Finance Authority of British Columbia;
(e)investments guaranteed by any chartered bank; and
(f)deposits in, or shares or other evidences of indebtedness of, a credit union incorporated under the Credit Unions Act.

(3) The Greater Vancouver Sewerage and Drainage District Act, being chapter 59 of the Statutes of British Columbia, 1956, is amended,

(a) in section 2,

(i) by repealing the definition of "Facilities" and substituting the following definition:

"Facilities" includes drains, ditches, sewers, intercepting-sewers, sewage-treatment and disposal plants and works, liquid and solid waste-disposal plants and works, pumping-stations, transfer stations, incinerators, recycling and composting plants and other works necessary thereto, and outlets for carrying off, treating, and disposing of drainage and sewage, and any other and all works, structures, lands, and conveniences incidental and necessary to the completion of sewerage, drainage, or waste-disposal systems; , and

(ii) by inserting, after the definition of "Temporary security," the following definition:

"Waste" includes, whether in liquid or solid form, garbage and noxious, offensive, unwholesome, or discarded matter; ;

(b) by inserting, after section 7, the following as section 7A:

Further objects
7A(1)The objects of the Corporation shall also be the disposal of all types of waste in substantial accordance with a report of the board of engineers composed of M. J. J. Dayton, R. M. Martin, and F. R. Bunnell, dated the thirteenth day of June, 1973, a copy of which has been filed in the office of the Provincial Secretary, and which, for the purpose of identification, has been signed by F. R. Bunnell, Commissioner of the Greater Vancouver Sewerage and Drainage District, and the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste.
(2)The Corporation shall have the right to perform work requisite to its function but not included in the report referred to in subsection (1), and to amend or vary any of the projects recommended in the report in a manner which is not inconsistent with the objects of the report, but only with the sanction of a by-law of the Board passed by a majority of not less than two-thirds of its members.
(3)The Corporation may, by by-law passed by a majority of not less than two-thirds of its members, regulate the planning, construction, maintenance, operation, and administration of all waste-disposal facilities within the area of the Greater Vancouver Regional District.
(4)The Corporation may authorize a member municipality to provide facilities which are consistent with the intent of this Act at any time at the cost of the municipality concerned.
(5)In addition to its other powers, the Corporation shall have the following powers:
(a)To finance, design, construct, maintain, operate, and administer waste-disposal facilities for the Crown in right of the Province within or without the area of the Corporation at the sole and exclusive cost of the Crown:
(b)To establish the uses to which its waste-disposal facilities may be put and by whom they may be used:
(c)In addition to the general borrowing powers provided for in section 36, by by-law of the Board, with the recommendation of the Commissioner and the approval of the Lieutenant-Governor in Council, to borrow moneys and pay interest thereon for the purpose of carrying out the powers vested in the Corporation by this subsection:
(d)To purchase or otherwise acquire waste-disposal facilities of member municipalities and others:
(e)To enter into agreements with member municipalities to provide for the collection and removal of waste by the Corporation for and on behalf of, and at the sole cost and expense of, those member municipalities:
(f)To enter into agreements with a municipality and any other person relating to the removal and disposal of waste, within or without the area of the Corporation:
(g)To establish scales of charges for services rendered by the Corporation and for the use of any of the waste-disposal facilities of the Corporation.
(6)The Corporation shall have all the rights, powers, and obligations necessary to carry out the function of waste disposal, and for the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste as the Corporation has for the carrying-out of the construction, maintenance, operation, and administration of major sewerage and drainage facilities, and the provisions of this Act relating to the carrying-out of the construction, maintenance, operation, and administration of major sewerage and drainage facilities apply, with the necessary changes and so far as they are applicable, to the function of waste disposal and for the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste. ;

(c) by repealing section 8 (3) and substituting the following as subsections (3) and (3a):

(3) The regional district director of a municipality within the Greater Vancouver Sewerage and Drainage District that is not a member municipality of the Greater Vancouver Regional District shall be a member of the Board as if the municipality were a member municipality of the Greater Vancouver Regional District; but, where that municipality is entitled to more than one Regional Board Director, the Council shall determine which director shall be a member of the Board.

(3a) Subsection (3) comes into force on the first day of January, 1975. ;

(d) in section 46, by adding, after the word "Canada" at the end, the words "or any province thereof or in any securities the principal and interest of which are guaranteed by Canada or any province thereof";

(e) in section 50, by striking out the words "the Province," wherever they appear in the second sentence, and substituting the words "any province thereof,"; and by inserting, after the words "province thereof" where it first appears as amended, the words "or securities of the Municipal Finance Authority of British Columbia"; and

(f) by repealing section 51 and substituting the following:

Investments
51Except as otherwise provided, moneys to the credit of any fund or funds may be invested or reinvested in
(a)securities of the Government of Canada or any province thereof;
(b)securities the principal and interest of which are guaranteed by the Government of Canada or any province thereof;
(c)securities of a regional district, or any of them;
(d)securities of the Municipal Finance Authority of British Columbia;
(e)investments guaranteed by any chartered bank; and
(f)deposits in, or shares or other evidences of indebtedness of, a credit union incorporated under the Credit Unions Act.

1974-59-2.

Resort Municipality of Whistler

233   Notwithstanding the Resort Municipality of Whistler Act,

(a) the election of the mayor and aldermen of the Resort Municipality of Whistler on September 6, 1975,

(b) the appointment of one alderman of the Resort Municipality of Whistler on September 2, 1975 by Order in Council 598/75,

(c) all by-laws passed and things done by the council of the Resort Municipality of Whistler so elected or appointed, and

(d) all regulations respecting the Resort Municipality of Whistler made by the Minister of Municipal Affairs,

are validated and confirmed, and no action shall be taken against the Resort Municipality of Whistler, the council, or its members in respect of anything done or passed in the purported exercise of a power or authority under the Resort Municipality of Whistler Act or the Municipal Act up to the coming into force of this section.

1976-37-1.

Comox-Strathcona Letters Patent

234   The Supplementary Letters Patent issued to the Regional District of Comox-Strathcona dated May 15, 1978, and Order in Council 1253/78 approved on May 15, 1978, authorizing their issue are confirmed and validated.

1978-31-6.

East Kootenay Letters Patent

235   Division XI of the Letters Patent of the Regional District of East Kootenay issued by Supplementary Letters Patent on May 29, 1975 shall be deemed to be amended in section 3 by the insertion of "except, that for the year 1978 it shall not exceed the product of 4 mills on the taxable assessed values referred to," after "all the member municipalities".

1978-31-6.

City of Vancouver

Refund of taxes paid by Canadian Pacific Limited for Pier B-C

236   The City of Vancouver is authorized to refund an amount not exceeding $86 116.84 to Canadian Pacific Limited consisting of a portion of the 1980 real property taxes paid in advance by Canadian Pacific Limited under the terms of a lease dated December 30, 1967 between Her Majesty in right of Canada as represented by the National Harbours Board, lessor, and Canadian Pacific Limited, lessee, for Pier B-C and the bed and foreshore on which it is situated in the City of Vancouver.

1980-39-4.

Pier B-C Development Board exemption from taxation

237   (1) In subsection (2), "leased property" means the property referred to as "designated premises" in a lease, or any renewal of it, entered into on June 30, 1980 between the National Harbours Board, lessor, and Pier B-C Development Board Ltd., lessee, in respect of the bed and foreshore in Burrard Inlet in the City of Vancouver on which Pier B-C is located.

(2) Where the leased property is occupied by Pier B-C Development Board Ltd., its successors or assigns, under the lease referred to in subsection (1), that property is exempt from any tax, rate, duty or assessment that may, under any enactment, be levied, raised or assessed against it or any facilities, machinery, equipment or other property located on it.

1980-39-4.

Extension of borrowing power

238   Notwithstanding section 245 of the Vancouver Charter, the period during which the City of Vancouver is authorized to borrow $1 365 976, which is the unborrowed portion of $3 500 000 authorized to be borrowed for "urban renewal" on September 29, 1965 pursuant to section 245 of the Vancouver Charter, is extended to December 31, 1980.

1980-39-4.

City of Kelowna

Bylaw may provide for private sewage collection

239   The Council of the City of Kelowna may, by bylaw approved by the minister, fix the rates and terms under which a person, other than the municipality, will provide a sewage collection and disposal system.

1980-39-4.

Regional District of Nanaimo

Validation of payments to Exhibition Park

240   Notwithstanding the Municipal Act and the Letters Patent of the Regional District of Nanaimo, the payments made by the Regional District of Nanaimo to the City of Nanaimo on

(a) September 24, 1974 in the amount of $83 557,

(b) March 30, 1977 in the amount of $50 000,

(c) November 28, 1977 in the amount of $50 000, and

(d) January 21, 1978 in the amount of $50 000,

as part of the annual net cost attributable to the operation and maintenance of the recreational complex of Exhibition Park, Nanaimo, under the Letters Patent of the Regional District of Nanaimo, are validated and confirmed from the dates of the respective payments.

1981-21-68.

City of Prince George

Validation of bylaw

241   Notwithstanding

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

(b) the provisions of the Municipal Act, or

(c) the bylaws of the City of Prince George,

City of Prince George Bylaw No. 3482 shall be deemed not to be invalid or defective by reason only of non-compliance with section 720 of the Municipal Act and City of Prince George Bylaw No. 2532.

1981-21-68.

Not in force

242   [Not in force.]

Local Services Act

Validation of zoning regulations

243   (1) A regulation purporting or purported to have been made under the Local Services Act, R.S.B.C. 1960, c. 224, or R.S.B.C. 1979, c. 247, shall be conclusively deemed to have been validly in force from the time that it would have been validly in force had any zoning map referred to in the text of the regulation been

(a) published in compliance with the Local Services Act, and

(b) filed or deposited with the Registrar of Regulations in compliance with the Regulations Act,

notwithstanding that a requirement referred to in paragraph (a) or (b) was not met.

(2) Subsection (1) applies to retroactively validate any regulation described in that subsection, to the extent provided by that subsection, notwithstanding any order of any court to the contrary.

1990-59-3.

Ganges, Salt Spring Island

Validation of Letters Patent

244   Notwithstanding

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

(b) the provisions of the Municipal Act,

the Supplementary Letters Patent of the Capital Regional District dated December 28, 1967, February 12, 1971, March 8, 1972, October 4, 1975, March 3, 1977, March 30, 1978 and October 29, 1980 shall be deemed not to be invalid or defective by reason only of non-compliance with section 766 of the Municipal Act, R.S.B.C. 1960, c. 255 or section 767 of the Municipal Act, R.S.B.C. 1979, c. 290.

1981-21-68.

City of Port Moody

Bylaw enabling

245   (1) Notwithstanding the provisions of the Municipal Act, the council of the City of Port Moody may adopt the bylaws cited as

(a) "City of Port Moody North Shore Specified Area By-law, 1976 No. 1305, Amendment By-law No. 1523" given second reading by the council on June 16, 1981, and

(b) "City of Port Moody Provincial North Shore Services Installation Agreement Authorization By-law 1981 No. 1524" given second reading by the council on June 16, 1981.

(2) Notwithstanding the provisions of the Municipal Act, the council of the City of Port Moody, on the adoption of the bylaws referred to in subsection (1), is authorized and empowered to do all things required in those bylaws and required in any agreements, as amended from time to time, referred to in those bylaws.

1981-21-68.

Validation of land use contract

246   The land use contract between the Cariboo Regional District and 105 Mile Ranch Ltd., registered in the land title office at Kamloops under No. H17889 on April 18, 1973, is validated and is effective from the date of its registration and it shall be deemed not to be invalid or unenforceable by reason only that the approvals, procedures or adoptions concerning it under section 798A of the Municipal Act, R.S.B.C. 1960, c. 255, were not followed.

1982-23-1.

Validation of agreement for waste disposal

247   (1) Notwithstanding any other enactment or law to the contrary, the City of Vancouver, the Municipality of Delta and the Greater Vancouver Sewerage and Drainage District may enter into an agreement respecting the disposal of waste in the Corporation of Delta substantially in the form filed with the Deputy Minister of Environment and certified by him as the agreement referred to in this section.

(2) Notwithstanding any other enactment or law to the contrary, but in accordance with the terms of the agreement entered into under subsection (1),

(a) the Greater Vancouver Sewerage and Drainage District may dispose of waste, and

(b) the City of Vancouver may receive, deposit, dispose of and store waste,

on the land described in the agreement as the Burns Bog Landfill Site and the Supplementary Landfill Site.

1983-20-43.

Authorization to levy charge

248   Notwithstanding the Municipal Act or any other law to the contrary, the District of Abbotsford may levy the charges authorized by the District of Abbotsford Bylaws Nos. 682-1982, 683-1982 and 684-1982 on any person who makes a connection within the extensions of water works, sanitary sewer works and storm drainage works installed by Mountain Village Developments Ltd. in the District of Abbotsford.

1983-20-43.

North Vancouver Water District membership

249   (1) In this section

"city" means The Corporation of the City of North Vancouver;

"district" means the Greater Vancouver Water District.

(2) Notwithstanding the Greater Vancouver Water District Act, the Municipal Act or any other enactment,

(a) the city is empowered, by resolution of its council and agreement with the district, to become a member of the district,

(b) when the resolution referred to in paragraph (a) has been passed and the agreement to become a member is executed by both parties, the city shall be a member of and is added to the district and has the rights, duties and obligations of a municipality added to the district under section 82 of the Greater Vancouver Water District Act, and

(c) the agreement dated as of the 1st day of August, 1983 between the district and the city concerning, among other things, the transfer of certain assets from the city to the district and the supply of water from the district to the city, is validated and confirmed and is binding on the parties to it.

(3) Subsection (2) (c) shall be deemed to have come into force on August 1, 1983, and is retroactive to the extent necessary to give it effect on and after that date.

1984-26-82.

Repealed 2008-5-90.

250   [Repealed 2008-5-90.]

Metchosin validation

251   (1) The amendment to the Letters Patent of the municipality of the District of Metchosin made by order of the Lieutenant Governor in Council 1722/84 is confirmed and validated, effective September 27, 1984.

(2) The amendment to the Letters Patent of the municipality of the District of Metchosin authorized by order of the Lieutenant Governor in Council 538/85 is confirmed and validated, effective at the commencement of the 1985 taxation year.

1985-75-14.

Colwood validation

252   Section 21 of the Letters Patent of the City of Colwood authorized by order of the Lieutenant Governor in Council 535/85 is confirmed and validated.

1985-75-14.

Cariboo Regional District agreement validation

253   (1) The agreement dated October 31, 1984 between

(a) the Cariboo Regional District, and

(b) Weldwood of Canada and Daishowa Marubeni International Limited, carrying on business under the name of Cariboo Pulp & Paper Company,

respecting sewage disposal is confirmed and validated and is binding on the parties to it.

(2) If, under the agreement, the Cariboo Regional District is required to indemnify the other parties to the agreement, the Cariboo Regional District may, without the assent of the electors, adopt a loan authorization bylaw to meet the cost of the indemnification and may, by bylaw, allocate the cost to areas of the regional district, specified in the bylaw, that the regional board considers have benefited or will benefit from the sewage disposal facility referred to in the agreement.

(3) For the purpose of raising the money to pay the cost referred to in subsection (2), section 674 (3) of the Municipal Act applies to the areas specified in the bylaw.

1985-75-14.

Surrey validation

254   (1) The agreement dated November 28, 1974 between the Corporation of the District of Surrey and James Henry Keeling is confirmed and validated and is binding on both parties.

(2) The indenture dated May 29, 1984 between the Corporation of the District of Surrey and Orangeville Raceway Ltd. is confirmed and validated and is binding on both parties.

1985-75-14.

Chetwynd Ice Arena validation

255   The amendments to the Letters Patent of Peace River-Liard Regional District authorized by order of the Lieutenant Governor in Council 688/85 are confirmed and validated, effective at the commencement of the 1984 taxation year.

1985-75-14.

Retroactive effect

255.1   (1) Sections 251 to 255, brought into force on September 20, 1996 by B.C. Reg. 259/96, are deemed to have come into force on December 2, 1985 and are retroactive to the extent necessary to give them effect on and after that date.

(2) All things done that would have been validly done had sections 251 to 255 in fact been in force on and after December 2, 1985 are conclusively deemed to have been validly 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.

1997-25-156.

Quesnel sewer agreement validation

256   (1) The agreement dated January 13, 1986 between

(a) the City of Quesnel, and

(b) Weldwood of Canada and Daishowa Marubeni International Limited, carrying on business under the name of Cariboo Pulp & Paper Company,

respecting sewage disposal is confirmed and validated and is binding on the parties to it.

(2) If, under the agreement, the City of Quesnel is required to indemnify the other parties to the agreement, the City of Quesnel may, without the assent of the electors, adopt a loan authorization bylaw to meet the cost of the indemnification.

1986-20-1.

Kamloops tax bylaw validation

257   (1) Notwithstanding

(a) the Municipal Act,

(b) the bylaws of the City of Kamloops, and

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

a tax is by this section imposed on each parcel of land as set out in the Frontage Tax Assessment Rolls prepared before or after the coming into force of this section by the Clerk of the City of Kamloops with respect to the Local Improvement Construction By-Law Number 13-133 adopted by the City of Kamloops on or about June 24, 1980, and the levy of the tax as set out in those Frontage Tax Assessment Rolls shall be deemed to be valid and effective for the taxation years 1983 through 2003.

(2) Subsection (1) shall be deemed to have come into force on March 25, 1983, and is retroactive to the extent necessary to give it effect on and after that date.

(3) Notwithstanding this section, where a taxpayer did not pay taxes owing in respect of the 1985 taxation year in respect of land referred to in subsection (1), for the purposes of the application of any penalty or interest to those unpaid taxes, those taxes shall be deemed not to have been owing in 1985 and shall instead be deemed to be owing as 1986 taxation year taxes, in addition to taxes otherwise payable for the 1986 taxation year.

1986-20-1.

Richmond park land exchange

258   (1) Notwithstanding the Land Title Act or any other Act,

(a) Lot 84 of Section 4, Block 4 North, Range 6 West, Plan 53157, New Westminster District registered in the land title office at New Westminster under Certificate of Indefeasible Title No. RD55103E, and

(b) Lot 98 of Section 4, Block 4 North, Range 6 West, Plan 62391, New Westminster District registered in the land title office at New Westminster under Certificate of Indefeasible Title No. RD146924E

in the Municipality of Richmond are vested in the Corporation of the Township of Richmond free from any restriction or trust that the lands be used only for park purposes as provided for in the deed registered in the land title office at New Westminster under No. RD55102E.

(2) The council of the corporation may do all necessary acts and things required to exchange all or part of the lands for all or part of the property in the Municipality of Richmond described as Lot 81 of Sections 3 and 4, Block 4 North, Range 6 West, Plan 50405 Except Part subdivided by Plan 53157, New Westminster District and registered in the land title office at New Westminster under Certificates of Indefeasible Title Nos. Y154521E and Y156115E.

(3) The titles to the property described in subsection (2) when vested in the corporation and the title to any property formerly subject to the trust for park purposes which is not so exchanged shall be recorded as being subject to the trust for park purposes.

1986-20-1.

Victoria Convention Centre lease exemption

259   (1) In this section

"convention centre property" means all or any part of the land and improvements in the City of Victoria, Capital Assessment Area, legally described as Lot A of Lots 171, 207, 209, 210, 211, 212, 213, 214, 215, 228 and 1270-B, Victoria City and of Section 6, Victoria District, Plan 23703 which may be leased to The Corporation of the City of Victoria;

"land" and "improvements" have the same meaning as they have in the Assessment Act.

(2) Convention centre property that is leased to The Corporation of the City of Victoria for any purpose directly or indirectly related to the construction or operation of a convention centre, including retail sales establishments and parking areas, is exempt from real property taxation under any Act and, more particularly, is exempt from real property taxation under the following Acts, for as long as the property is leased to the City:

(a) Assessment Authority Act;

(b) British Columbia Transit Act;

(c) Education (Interim) Finance Act;

(d) Hospital District Act;

(e) Library Act;

(f) Municipal Act;

(g) Municipal Finance Authority Act;

(h) Park (Regional) Act.

1986-16-25.

Kelowna Convention Centre lease exemption

260   (1) In this section

"convention centre property" means all or part of the land and improvements in the City of Kelowna, Kelowna Assessment Area, legally described as Lots A and B of Plan 14453, Section 26, Township 19, O.D.Y.D. which may be leased to the City of Kelowna;

"land" and "improvements" have the same meaning as they have in the Assessment Act.

(2) Convention centre property that is leased to the City of Kelowna for any purpose directly or indirectly related to the construction or operation of a convention centre, including retail sales establishments and parking areas, is exempt from real property taxation under any Act and, more particularly, is exempt from real property taxation under the following Acts, for as long as the property is leased to the City:

(a) Assessment Authority Act;

(b) British Columbia Transit Act;

(c) Education (Interim) Finance Act;

(d) Hospital District Act;

(e) Library Act;

(f) Municipal Act;

(g) Municipal Finance Authority Act;

(h) Park (Regional) Act.

1986-16-25.

Powell River tax refund

261   For the purpose of assisting the District of Powell River to refund to MacMillan Bloedel Limited money paid by way of taxes on the Powell River Pulp and Paper Mill,

(a) the Minister of Finance may, out of the consolidated revenue fund, make a loan to the District of Powell River on the terms and conditions he thinks fit, and

(b) the District of Powell River may, notwithstanding the Municipal Act, enter into

(i) an agreement with the Minister of Finance for the repayment, over a term of years, of the loan made under paragraph (a), and

(ii) an agreement with MacMillan Bloedel Limited for the payment, over a term not exceeding 10 years and with interest at a rate to be agreed upon, of the balance of the refund remaining unpaid after payment to MacMillan Bloedel Limited of the proceeds of the loan made under paragraph (a) and of an amount from existing reserve funds of the District.

1986-16-25.

Port Moody bylaw enabling and validation

262   (1) Notwithstanding the provisions of the Municipal Act, the adoption by the council of the City of Port Moody of the bylaws cited as

(a) "A by-law of the City of Port Moody to authorize the execution of an agreement with Carma Developers Ltd. By-law, 1986, No. 1819", and

(b) "A by-law of the City of Port Moody to authorize the execution of an agreement with the Province of British Columbia By-law, 1986, No. 1820"

and the bylaws, themselves, are confirmed and validated from the date of the adoption.

(2) Notwithstanding the provisions of the Municipal Act, the council of the City of Port Moody is authorized and empowered to do all things required and enabled by the bylaws referred to in subsection (1) and by any agreements, as amended from time to time, referred to in those bylaws.

(3) Notwithstanding the Land Title Act and the Municipal Act, the covenants entered into by the parties to the agreements referred to in subsection (2) that in any way concern land or a building on or to be erected on land, shall be conclusively deemed for the purposes of section 215 of the Land Title Act, to be covenants in respect of the use of land or the use of a building on or to be erected on land.

1987-42-82.

Kitimat gas tax validation

263   (1) Pacific Northern Gas Ltd. shall pay to the District of Kitimat a tax equal to 1% of the amount received by it for gas sold by it to the British Columbia Gas Corporation for resale to Ocelot Industries Limited or any of its subsidiaries for consumption by Ocelot Industries Limited or any of its subsidiaries within Kitimat during the years 1982 to 1985 inclusive.

(2) The tax imposed by subsection (1) may be collected as though it had been valid under section 407 (2) of the Municipal Act.

1987-43-59.

Central Kootenay — Enabling

264   (1) The Regional District of Central Kootenay is empowered to carry out by itself or its agents the function of garbage disposal by any method of waste reduction, including the application of heat, and for this purpose may, subject to subsection (2), enter into and become bound by an agreement to finance, install and operate for a period of not more than 20 years an incineration system relating to that function for those member municipalities participating in it.

(2) The requirements imposed on a regional board by section 767 (4) of the Municipal Act do not apply in respect of the function conferred by subsection (1), but the agreement referred to in that subsection has no effect until approved by the minister.

1987-59-15; 1989-31-13.

Elkford and Sparwood tax refunds

265   For the purpose of assisting the District of Elkford and the District of Sparwood to refund money erroneously paid by way of taxes,

(a) the Minister of Finance and Corporate Relations may, out of the consolidated revenue fund, make loans to each of them on the terms and conditions he thinks fit, and

(b) each of them may, notwithstanding the Municipal Act, enter into an agreement with the Minister of Finance and Corporate Relations for the repayment, over a term of years, of the loan made under paragraph (a).

1987-60-19.

Burnaby Official Community Plan validation

266   Notwithstanding section 187 of this Act and section 296 of the Municipal Act, the Official Community Plan Bylaw No. 8873 of the Corporation of the District of Burnaby is confirmed and validated.

1988-49-1

Revelstoke dredging borrowing validation

267   Notwithstanding section 320 of the Municipal Act, the agreement dated November 23, 1987 between the City of Revelstoke and the British Columbia Hydro and Power Authority, providing for borrowing to a maximum of $200 000 for the purposes of dredging the Illecillewaet River, is confirmed and validated and is binding on the parties to it.

1988-49-1

G.V.R.D. coordinated emergency telephone system

268   The Lieutenant Governor in Council may, by supplementary letters patent, authorize the Greater Vancouver Regional District to enter into agreements with specified municipalities outside its boundaries under which the district may provide coordinated emergency telephone number services to those municipalities.

1988-49-1

Prince George water rates validation

269   (1) Notwithstanding

(a) the Municipal Act,

(b) the bylaws of the City of Prince George, or

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

the City of Prince George is authorized to provide a water supply system and to impose taxes, rates and charges in respect of that system in accordance with the bylaw cited as "Specified Area Water Services Blackburn — Airport Hill Bylaw No. 2968, 1976" given third reading by the City of Prince George on December 28, 1976.

(2) Subsection (1) shall be deemed to have come into force on December 28, 1976, and is retroactive to the extent necessary to give it effect on and after that date.

(3) A tax, rate or charge that would have been validly collected had Bylaw No. 2968 been in force at the time it was collected shall be deemed to have been validly collected as though the bylaw referred to in subsection (1) were in force at that time.

1988-49-1.

Fort Nelson-Liard and Peace River Regional Districts validation

270   (1) The following are confirmed and validated, effective October 31, 1987:

(a) the Letters Patent of the Fort Nelson-Liard Regional District and of the Peace River Regional District authorized by order of the Lieutenant Governor in Council 2123/87;

(b) the amendments to the Letters Patent of the Town of Fort Nelson authorized by order of the Lieutenant Governor in Council 2124/87;

(c) the Letters Patent of the Fort Nelson-Liard Regional Hospital District authorized by order of the Lieutenant Governor in Council 2283/87;

(d) the Supplementary Letters Patent of the Peace River Regional Hospital District authorized by order of the Lieutenant Governor in Council 2284/87.

(2) Appendix E of the Letters Patent of the Fort Nelson-Liard Regional District is amended so that Division XXII - Solid Waste Disposal - applies to Areas A and B.

(3) Subsections (1) and (2) shall be deemed to have come into force on October 31, 1987 and are retroactive to the extent necessary to give them effect on and after that date.

1988-49-1.

Esquimalt tax rate amendment validation

271   (1) Notwithstanding section 273 of the Municipal Act, the District of Esquimalt may adopt the bylaw cited as "Tax Rates Bylaw, 1987, Amendment Bylaw (No. 1), 1988, No. 1882" given third reading on March 21, 1988.

(2) The tax rates imposed under the bylaw referred to in subsection (1) shall be conclusively deemed to have been validly imposed effective January 1, 1987.

1988-49-1

Tumbler Ridge — validation of loan and authority to write off debt

272   Notwithstanding section 292 of the Municipal Act, the provision of the agreement dated May 31, 1983 among The District of Tumbler Ridge, Northland Utilities (B.C.) Limited and Quintette Coal Limited by which the District of Tumbler Ridge agreed to provide a refundable financial contribution to Northland Utilities (B.C.) Limited is confirmed and validated, and the District of Tumbler Ridge is authorized to write off all or part of the financial contribution made by the District under that agreement.

1988-46-42.

Okanagan-Similkameen Bylaw No. 908 validation

273   (1) The bylaw known as "H3 Specified Area Establishment and Loan Authorization Bylaw No. 908, 1986" ("Bylaw No. 908") adopted on December 30, 1986 by the board of the Okanagan-Similkameen Regional District is conclusively deemed to have been

(a) validly adopted in all respects on that date, and

(b) in force since it was adopted on that date

as a bylaw made under the authority of section 770 (1) of the Municipal Act, notwithstanding that the bylaw may not have been read, approved and adopted in conformity with the Municipal Act or with any condition with respect to the reading, approval and adoption of the bylaw contained in the Municipal Act.

(2) Bylaw No. 908 shall be conclusively deemed to

(a) authorize and empower the board of the Okanagan-Similkameen Regional District to establish an electrical service by means of an extension to existing electric power lines of the British Columbia Hydro and Power Authority in the manner that the electrical service has been provided subsequent to the adoption of Bylaw No. 908,

(b) authorize borrowing, on the credit of the regional district, of a sum not exceeding $650 000, and

(c) require owners of lands located within electoral area H of the Okanagan-Similkameen Regional District to bear the costs of providing the electrical service in the manner specified in section 2 of Bylaw No. 908.

(3) The validation provisions of subsections (1) and (2) apply notwithstanding any order of any court respecting Bylaw No. 908 and its validity.

(4) All acts taken by the regional district or any director, officer or employee of the regional district under or in pursuance of the bylaw, and all contracts, debentures and other things done under or in pursuance of the bylaw, including those things authorized, empowered or required under subsection (2), shall be conclusively deemed to have been taken, done, authorized, empowered or required as though Bylaw No. 908 were validly in force at the time they were taken, done, authorized, empowered or required notwithstanding any order of any court to the contrary.

(5) The board may, by resolution, impose a cost sharing formula that apportions the costs, both within the specified area covered by Bylaw No. 908 and throughout the Okanagan-Similkameen Regional District generally, to cover the cost of providing the electrical service provided under Bylaw No. 908.

(6) A resolution under subsection (5) shall be approved by the Minister of Municipal Affairs, but no other approval or requirement under Part 24 of the Municipal Act or otherwise is required for the formula to take effect.

(7) Where there is an inconsistency between the formula under subsection (5) and the cost sharing mechanism in Bylaw No. 908, the formula prevails.

1988-50-1; 1989-31-14.

Validation of specified area bylaws

274   (1) Notwithstanding that a regional district does not have a power conferred by letters patent to provide a work or service, a bylaw of a regional district intended to establish a specified area for the provision of that work or service, that would have been validly adopted had the regional district been a district municipality, is conclusively deemed to have been validly adopted on the date of its adoption and to have been in force since that date.

(2) Everything done that would have been validly done had the bylaw referred to in subsection (1) been validly adopted on the date it was adopted shall be conclusively deemed to have been validly done.

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

1989-59-29.

Cariboo and Thompson-Nicola joint library system

275   (1) Notwithstanding section 797 of the Municipal Act,

(a) the agreement dated September 8, 1988 between the Province and the Cariboo Regional District providing for borrowing from the Province to a maximum outstanding amount of $460 000, and

(b) the agreement dated September 8, 1988 between the Province and the Thompson-Nicola Regional District providing for borrowing from the Province to a maximum outstanding amount of $840 000,

for the purposes of the Cariboo Thompson-Nicola joint library system, are confirmed and validated and are binding on the parties to them.

(2) Orders of the Lieutenant Governor in Council 1614/88 and 1615/88, authorizing the borrowing referred to in subsection (1), are confirmed and validated effective September 1, 1988.

(3) This section shall be deemed to have come into force on September 1, 1988 and is retroactive to the extent necessary to give it effect on and after that date.

1989-31-15.

Regional District of Nanaimo solid waste management

276   (1) Notwithstanding section 797 of the Municipal Act, the Regional District of Nanaimo may, for the purposes of the function of solid waste management conferred by the issue of supplementary letters patent authorized by order of the Lieutenant Governor in Council 258/89, enter into agreements, for terms of not more than 20 years, respecting the supply and operation of a solid waste recovery processing plant relating to that function.

(2) An agreement under subsection (1) has no effect unless it is approved by the minister.

1989-31-15.

City of Kelowna Curling Club lease

277   Notwithstanding section 679 (2) of the Municipal Act, the City of Kelowna may, without the assent of the electors, enter into and become bound by an agreement to amend and extend for a further 12 year period the existing lease dated November 29, 1977 between the City of Kelowna and the Kelowna Curling Club.

1989-31-15.

Town of Smithers loan bylaw validation

278   (1) Notwithstanding sections 328 and 330 of the Municipal Act, the adoption on September 13, 1988 by the council of the Town of Smithers of the loan authorization bylaw cited as "Water Mainline Loan Authorization Bylaw No. 824, 1988" and the bylaw itself are confirmed and validated from the date of adoption.

(2) This section shall be deemed to have come into force on September 13, 1988 and is retroactive to the extent necessary to give it effect on and after that date.

1989-31-15.

Town of View Royal incorporation validation

279   (1) Notwithstanding sections 6 and 7 of the Municipal Act, the incorporation of the Town of View Royal and the Letters Patent of the Town of View Royal, authorized by order of the Lieutenant Governor in Council 1909/88, are confirmed and validated effective October 15, 1988.

(2) All things done that would have been validly done had the Town of View Royal been validly incorporated at the time they were done shall be conclusively deemed to have been done with full legal capacity, and all legal consequences of those actions shall be conclusively deemed to be those that would have resulted had the Town of View Royal been validly incorporated at the time they were taken.

(3) This section shall be deemed to have come into force on October 15, 1988 and is retroactive to the extent necessary to give full force and effect to its provisions on and after that date and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

1989-31-15.

Pacific Northern Gas franchise agreement

280   Notwithstanding section 646 of the Municipal Act, the following municipalities may, by bylaw adopted without the assent of the electors, enter into an exclusive or limited franchise agreement with Pacific Northern Gas Ltd. for a term not exceeding 21 years to supply gas service to the residents of the municipality:

(a) the District of Vanderhoof;

(b) the Village of Burns Lake;

(c) the District of Houston;

(d) the Town of Smithers;

(e) the City of Terrace;

(f) the District of Kitimat;

(g) the City of Prince Rupert.

1989-32-9.

City of Port Moody industrial sewer charges

281   (1) Notwithstanding section 612 (2) of the Municipal Act, the adoption on December 12, 1988 by the council of the City of Port Moody of the bylaw cited as "Bylaw No. 1948 - A Bylaw of the City of Port Moody to Impose Charges for the Use of the Sanitary Sewer System", and the bylaw itself, establishing sewerage charges for industrial users on the basis of the volume of effluent discharged by the user, are confirmed and validated from the date of adoption.

(2) Subsection (1) shall be deemed to have come into force on December 12, 1988 and is retroactive to the extent necessary to give it effect on and after that date.

(3) A charge that would have been validly collected had the bylaw referred to in subsection (1) been in force at the time it was collected shall be deemed to have been validly collected as though the bylaw were in force at that time.

1989-32-9.

Vancouver — validation of bylaw

282   (1) By-law No. 6517 of the Council of the City of Vancouver and Order in Council No. 978/89 approving that by-law are confirmed and validated.

(2) Subsection (1) shall be deemed to have come into force on July 4, 1989 and is retroactive to the extent necessary to give it effect on and after that date.

1989-73-4.

Okanagan-Kootenay Sterile Insect Release Board

283   (1) In this section

"destructive insect pests" means

(a) the insect pest known commonly as the codling moth and scientifically as Cydia pomonella, and

(b) other species of insect pests prescribed by regulation under subsection (8) (a);

"participating regional districts" means the regional districts which establish a sterile insect release service under subsection (2);

"sterile insect release board" means the Okanagan-Kootenay Sterile Insect Release Board established under subsection (2);

"sterile insect release service" means a service provided under subsection (2) to control destructive insect pests by means of a program that includes the release of sterile insects.

(2) The Regional Districts of

(a) Okanagan-Similkameen,

(b) Central Okanagan,

(c) North Okanagan,

(d) Columbia-Shuswap, and

(e) Central Kootenay

may establish and operate, by bylaw, an extended service of sterile insect release through participation with other regional districts empowered under this subsection in the establishment and operation of a board to be known as the Okanagan-Kootenay Sterile Insect Release Board that, as agent for the participating regional districts, will provide the sterile insect release service.

(3) Notwithstanding that the establishment of a sterile insect release service requires the borrowing of money or that a proposed participating area for a sterile insect release service does not include all of a municipality or electoral area, assent of the electors in a proposed participating area may be waived and consent given on behalf of those electors,

(a) in the case of a proposed municipal participating area, in accordance with section 799 of the Municipal Act, and

(b) in the case of a proposed electoral participating area, in accordance with section 800 of the Municipal Act.

(4) Notwithstanding section 813.1 (3) of the Municipal Act, the regional district boards that establish a sterile insect release service may, by loan authorization bylaws adopted without assent of the electors, borrow amounts for the purposes of the service that, in the aggregate for those regional districts, do not exceed $3.5 million.

(5) The sterile insect release board shall, when established by the participating regional districts, constitute a corporation to which, subject to subsection (6), the Company Act does not apply.

(6) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Company Act apply to the sterile insect release board and, where this is done, those provisions apply accordingly.

(7) The sterile insect release board shall not

(a) borrow money, or

(b) without the approval of the participating regional districts, incur liabilities.

(8) The Lieutenant Governor in Council may, by regulation,

(a) prescribe species of destructive insect pests in respect of which a sterile insect release service may be provided,

(b) provide that

(i) the Minister of Agriculture and Fisheries,

(ii) the Minister of Agriculture (Canada), and

(iii) the British Columbia Fruit Growers' Association

may appoint one or more persons as non-voting members of the sterile insect release board,

(c) prescribe the cost recovery mechanism by which the costs of providing a sterile insect release service shall be recovered, including, notwithstanding section 482 of the Municipal Act, authorizing the participating regional districts to recover a portion of those costs by means of a parcel tax that may vary according to

(i) the size of the parcel,

(ii) the type of plants growing or capable of growing on the parcel, and

(iii) the quantity of specific kinds of plants growing on the parcel,

(d) make special provisions respecting

(i) expenditures for a sterile insect release service,

(ii) the basis on which the costs of providing a sterile insect release service through the agency of the sterile insect release board shall be apportioned among the participating regional districts, and

(iii) other matters in relation to a sterile insect release service that the Lieutenant Governor in Council considers necessary or advisable,

(e) require owners and occupiers of real property to clear their property of destructive insect pests and to prevent infestation of their property by destructive insect pests, and

(f) empower the sterile insect release board, by its employees or other persons, to enter on real property at reasonable times and in a reasonable manner

(i) to effect the release of sterile insects, and

(ii) in cases where an owner or occupier of real property has failed to comply with a requirement for clearing or prevention of infestation referred to in paragraph (e), to effect the clearing or prevention, at the expense of the person who has failed to comply, by any means considered advisable by the sterile insect release board, including the application of insecticides and other chemicals and the removal and destruction of plants which are or which are likely to be subject to infestation by destructive insect pests.

(9) The sterile insect release board

(a) may enforce a regulation under subsection (8) (e) as if the regulation were a bylaw of a regional district, and

(b) for the purposes of paragraph (a), has all the power and authority of a regional district board under sections 308 to 310 and 750 of the Municipal Act and those sections, as they apply to enforcement of a bylaw, apply to the enforcement of a regulation under subsection (8) (e).

(10) Where the sterile insect release board effects clearing or prevention of infestation on property under the authority of a regulation under subsection (8) (f) (ii),

(a) the costs of the clearing or prevention, if unpaid by the person at whose expense the work was done on or before December 31 in the year that the work was done, shall be added to and form part of the taxes payable on the property as taxes in arrear, and

(b) no compensation shall be payable by the sterile insect release board for plants or plant materials removed or destroyed under that authority.

(11) For the purposes of establishing and operating a sterile insect release service in 1989, the participating regional districts may, by bylaw adopted without assent of the electors,

(a) notwithstanding section 807.1 of the Municipal Act, make expenditures for the service, and

(b) notwithstanding section 812 (1) of the Municipal Act, borrow money required for expenditures authorized under paragraph (a).

(12) Where money is borrowed under the authority of subsection (11) (b), it shall be included with the anticipated costs relating to the sterile insect release service in 1990 and, when recovered with those costs, shall be repaid.

1989-73-4; 1990-59-4.

Whistler Convention Centre and Whistler Golf Course

284   (1) The Resort Municipality of Whistler is empowered to enter into an agreement with the Whistler Resort Association for a term of 20 years, extendable from time to time provided the total term does not extend beyond 100 years after the date on which the municipality first enters into an agreement under this section, under which the municipality may be obligated to remit to the Whistler Resort Association, for the purposes of financing the operation of the Whistler Convention Centre and the Whistler Golf Course by the Whistler Resort Association, a portion of the hotel room tax that the municipality receives under the Hotel Room Tax Act.

(2) Notwithstanding section 410 of the Municipal Act, the following land and improvements that comprise the Whistler Convention Centre and the Whistler Golf Course and that are occupied by the Whistler Resort Association as tenant under an existing lease are exempt from taxation under any enactment:

(a) Resort Municipality of Whistler, Parcel Identifier 007-449-917, Lot B, District Lot 1755, Plan 16516;

(b) Resort Municipality of Whistler, Parcel Identifier 007-317-859, Block A, except part in Plan 21220, District Lot 4751, Plan 17369;

(c) Resort Municipality of Whistler, Parcel Identifier 007-195-770, Block P, except part in Reference Plan 21220, District Lot 4750, Plan 18266;

(d) Resort Municipality of Whistler, Parcel Identifier 015-223-256, Block E, District Lot 4752;

(e) Resort Municipality of Whistler, Parcel Identifier 015-223-221, Block A, District Lot 3877;

(f) Resort Municipality of Whistler, Parcel Identifier 003-025-136, Lot 62, District Lot 3020, Plan 20689;

(g) Resort Municipality of Whistler, Parcel Identifier 007-120-184, Lot 40, except portions in Plans 21429 and 22561, District Lot 1902, Plan 18662.

1989-73-4; 1990-59-5.

[This is an unofficial consolidation of the Municipalities Enabling and Validating Act, prepared August 12, 2016 for convenience only. This consolidation includes all amendments in force as of that date.]