Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
Qp Date

Local Services Act

[RSBC 1996] CHAPTER 276

Contents
1Definitions
2Services in local areas
3Setting up local area
4Procedure for regulations
5Financing of services
6Advancing money required
7Certification of sums advanced
8Recovery of money advanced
9Application of Taxation (Rural Area) Act

Definitions

1  In this Act:

"local area" means an area established under this Act;

"local service" means a service that may be provided under this Act.

Services in local areas

2  (1) On the recommendation of the minister, the Lieutenant Governor in Council may establish an area of British Columbia not incorporated as a municipality as a local area for one or more of the following purposes:

(a) the preparation of official community plans by the application of Division 4 of Part 14 of the Local Government Act for the local area, and in that event the minister may exercise, in respect of the local area, any of the powers exercisable under that Division by a municipal council or regional district board;

(b) the provision of public comfort stations;

(c) the provision of home nursing care;

(d) the provision of garbage collection and disposal;

(e) the provision of ambulance service;

(f) the provision of fire protection service;

(g) the provision of property for pleasure, recreation or community uses of the public;

(h) the conservation of heritage property;

(i) the provision of assistance toward the establishment of homes for senior citizens;

(j) the regulation of business with respect to hours of closing, and in that event the minister may exercise, in respect of the local area, any of the powers exercisable by a council under or in relation to section 8 (6) [fundamental powers — business] of the Community Charter;

(k) the regulation of the following:

(i) the construction of buildings and other structures by the application of the following provisions of the Local Government Act:

(A) Division 1 [Building Regulation] of Part 9 [Regional Districts: Specific Service Powers];

(B) section 305 [remedial authority in relation to hazardous conditions];

(ii) the use and subdivision of land by the application of Part 14 [Planning and Land Use Management] of the Local Government Act, other than the following provisions of that Part:

(A) section 456 [area of authority for municipalities and regional districts];

(B) section 457 [rural land use bylaws];

(C) Division 4 [Official Community Plans];

(D) Division 18 [Contaminated Sites];

(iii) the conservation of heritage property by the application of Part 15 [Heritage Conservation] of the Local Government Act.

(2) If an area is established as a local area under subsection (1), the minister may exercise, in respect of the local area or any part of it, any of the powers exercisable by a council or regional district board under

(a) the applicable provision referred to in that subsection,

(b) section 332 [general authority for services] of the Local Government Act, as that section applies in relation to the applicable provision referred to in subsection (1), and

(c) the following provisions of the Local Government Act, R.S.B.C. 1996, c. 323, as those sections read immediately before the date the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, 2003 came into force:

(i) section 530 [special authority in relation to highways];

(ii) section 704 [regulation of animal nuisances];

(iii) section 724 [noise control];

(iv) section 725 [nuisances and disturbances];

(v) section 728 (1) (e) [regulation of fireworks].

Setting up local area

3  (1) An order establishing a local area must include the following:

(a) the name and legal boundaries of the local area;

(b) the local service or services that may be provided;

(c) other provisions and conditions the Lieutenant Governor in Council thinks proper and necessary.

(2) An order extending a local area must include the extended legal boundaries of the area.

(3) An order merging 2 or more local areas must include the following:

(a) the name and legal boundaries of the resulting local area;

(b) a list of the regulations, if any, that continue in effect in the resulting local area, or in any part of it, until altered or repealed by the minister;

(c) other provisions and conditions the Lieutenant Governor in Council thinks proper and necessary.

Procedure for regulations

4  (1) If a local area has been established under this Act, the minister may make regulations thought expedient to give effect to the purpose for which the local area was established.

(2) If a local area has been extended or if 2 or more local areas have been merged, the minister may, subject to the order of extension or merger made by the Lieutenant Governor in Council, rescind, vary and make regulations thought expedient to give effect to the purpose of the extension or merger.

(3) If a local area is extended, the regulations in force in the local area immediately before the extension apply to the local area as extended and continue in effect in it until rescinded or varied.

Financing of services

5  (1) The minister may enter into agreements with any person or agency for the provision of local services or anything incidental for and on behalf of the local area.

(2) On the recommendation of the minister, the Lieutenant Governor in Council may acquire land necessary to provide local services in a local area.

(3) The minister may acquire machinery, equipment and other property required for a local service of an established local area.

(4) The title to all land and property acquired is in the government.

Advancing money required

6  (1) The Minister of Finance must advance from the consolidated revenue fund to the minister the sums of money the Lieutenant Governor in Council directs to be used by the minister for and on behalf of a local area.

(2) All advances made must be repaid to the consolidated revenue fund from the proceeds of taxes levied as provided in this Act.

Certification of sums advanced

7  (1) On the establishment or extension of a local area or the merger of 2 or more local areas, the minister must forward to the Surveyor of Taxes of the assessment district within which the whole or the greater part of the local area is situated a certificate containing a description of the local area as established, extended or merged.

(2) As soon as practicable after December 31 in each year the Minister of Finance must certify to the Surveyor of Taxes the sum of money that was advanced or expended under this Act during the year on behalf of that local area.

Recovery of money advanced

8  (1) The money certified under this Act as having been advanced or expended in a year on behalf of a local area must be assessed and levied in the next year on the net taxable value of land and improvements and on the owners of the land and improvements in that local area.

(2) For subsection (1),

(a) the definition "improvements" in the Assessment Act applies, and

(b) the exemptions in sections 129 to 131 of the School Act apply.

Application of Taxation (Rural Area) Act

9  (1) Subject to this Act, the Taxation (Rural Area) Act applies to the assessment, levy, collection and recovery of taxes imposed under this Act in a local area, and to the addition of interest to the taxes if delinquent, in the same manner as taxes imposed under the Taxation (Rural Area) Act.

(2) All taxes imposed under this Act are, for the Taxation (Rural Area) Act, deemed to be taxes imposed and assessed under that Act, and on collection or recovery must be accounted for as such.