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This Act is current to October 3, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Flood Relief Act

[RSBC 1996] CHAPTER 151

Contents
1Authority for flood control measures
2Municipal powers
3Boards for flood areas
4Report and audit
5Repealed
6Power to direct payment
7Power to make regulations

Authority for flood control measures

1   The Lieutenant Governor in Council may

(a) enter into agreements with any public authority in British Columbia for relief and rehabilitation because of flood conditions or other circumstances attributable to them;

(b) contribute or lend to a public authority a proportion of the cost of measures undertaken by the public authority with the approval of the Lieutenant Governor in Council for relief or rehabilitation in flood areas;

(c) enter into agreements with Canada for payment of a portion of the cost incurred by British Columbia, by municipal authorities in the Fraser Valley and by departments and agencies of Canada in repairing, strengthening, constructing and reconstructing dikes in the valley on the basis that Canada bears 75% of the cost.

Municipal powers

2   (1) A municipality located in an area in British Columbia defined as a flood relief area by the Lieutenant Governor in Council may

(a) enter into an agreement with British Columbia approved by the Lieutenant Governor in Council,

(b) do all things necessary for or incidental to carrying out the agreement,

(c) defray the costs of the agreement as part of the ordinary expenditures of the municipality or from money borrowed for the agreement, and

(d) initiate, undertake and execute any work or undertaking within the scope of any agreement entered into by the municipality under this Act.

(2) Subsection (1) applies despite any other Act and although the municipality may not have submitted the matter to or obtained the approval of the electors of the municipality.

Boards for flood areas

3   (1) For flood areas, the Lieutenant Governor in Council may do any of the following:

(a) establish and name boards considered necessary;

(b) confer on a board powers necessary to carry out this Act;

(c) appoint persons to a board and set their remuneration.

(2) A board is a corporation and an agent of the government.

(3) A board may appoint required employees and set and pay their remuneration.

(4) The members of a board hold office during pleasure.

(5) The employees hold office during the pleasure of the board.

Report and audit

4   (1) A board must submit a report of its transactions to and at the times required by the Lieutenant Governor in Council.

(2) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the board, the Lieutenant Governor in Council must appoint an auditor to audit the accounts of the board at least once each year.

Repealed

5   [Repealed 2003-22-8.]

Power to direct payment

6   In addition to all other money to be spent under any other Act, the Lieutenant Governor in Council may direct that money required for the purposes of this Act and to pay all costs of the administration of this Act be expended from the consolidated revenue fund.

Power to make regulations

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

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the duties and functions of a board;

(b) prescribing the measures to be taken by a board under this Act;

(c) prescribing the nature of the damage for which aid may be given;

(d) prescribing the extent and nature of work to be undertaken for the building of works for the prevention of flood damage.