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Local Government Act

[RSBC 2015] CHAPTER 1

Part 5 — Regional Districts: Purposes, Principles and Interpretation

Purposes of regional districts

185  Recognizing that regional districts are an independent, responsible and accountable order of government within their jurisdiction, the purposes of a regional district include

(a) providing good government for its community,

(b) providing the services and other things that the board considers are necessary or desirable for all or part of its community,

(c) providing for stewardship of the public assets of its community, and

(d) fostering the current and future economic, social and environmental well being of its community.

Principles for regional district-provincial relations

186  The relationship between regional districts and the Provincial government in relation to this Act is based on the following principles:

(a) cooperative relations between the Provincial government and regional districts are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia;

(b) regional districts need the powers that allow them to draw on the resources required to fulfill their responsibilities;

(c) notice and consultation is needed for Provincial government actions that directly affect regional district interests;

(d) the Provincial government recognizes that different regional districts and their communities have different needs and circumstances and so may require different approaches;

(e) the independence of regional districts is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally.

Broad interpretation

187  (1) The powers conferred on regional districts and their boards under this Act must be interpreted broadly in accordance with the purposes of this Act and in accordance with regional district purposes.

(2) If

(a) an enactment confers a specific power on a regional district or board in relation to a matter, and

(b) the specific power can be read as coming within a general power conferred under this Act,

the general power must not be interpreted as being limited by that specific power, but that aspect of the general power that encompasses the specific power may only be exercised subject to any conditions and restrictions established in relation to the specific power.

Application of municipal provisions to regional districts

188  If a provision of this Act or the Community Charter respecting municipalities is made applicable to regional districts, references in the provision are to be read as follows:

Reference To be read as
municipality................................... regional district
council.......................................... board
mayor........................................... chair
councillor...................................... director
municipal officer............................. regional district officer

References to regional district officers

189  Words in an enactment referring to a regional district officer, by name of office or otherwise, also apply to

(a) the officer's deputy, and

(b) any person designated by the board to act in the officer's place.

Continuation of regional districts

190  (1) Every regional district incorporated before Part 24 of the Municipal Act , R.S.B.C. 1979, c. 290, came into force on July 1, 1989 is continued as a corporation and is vested with the powers conferred on it by this Act.

(2) All bylaws validly adopted by a board before the Part referred to in subsection (1) came into force continue in force.

Continuation of regional parks and trails

191  (1) The repeal of the Park (Regional) Act does not alter or cancel an interest in, a right to or the park status of regional parks and regional trails set aside and dedicated under that Act.

(2) If, at the time of repeal of the Park (Regional) Act , a regional district provides a regional park or regional trail as a service under letters patent that refer to the Regional Parks Act, S.B.C. 1965, c. 43,

(a) the regional district may continue to provide this service in accordance with this Act as if the service were provided under the authority of an establishing bylaw for a service, and

(b) section 341 (3) to (6) [special rules in relation to continuation of older services] of this Act applies as if the service were a continued service under that section.

(3) Any reserve fund established by a regional district under the Park (Regional) Act must be continued on the repeal of that Act as a reserve fund under this Act held for the purpose of acquiring regional parks or regional trails.

Continuation of regulatory authority restrictions in relation to previous bylaws

192  (1) This section applies to bylaws under Part 24 of the Local Government Act , R.S.B.C. 1996, c. 323,

(a) that were in force on August 30, 2000, being the date on which section 803 of the Local Government Act , R.S.B.C. 1996, c. 323, as it then was, was repealed by the Local Government Statutes Amendment Act, 2000, or

(b) that had received first reading before that date and were adopted within one year after that date.

(2) Subject to subsection (3), provisions in the bylaws that are the exercise of regulatory authority do not apply within a municipality unless the bylaw expressly provides this application.

(3) If, on the date referred to in subsection (1), letters patent conferred exclusive jurisdiction on a board as referred to in section 803 (1) (b) of the Local Government Act , R.S.B.C. 1996, c. 323, before the repeal referred to in subsection (1) of this section, the authority of the regional district under that section 803 (1) (b) continues as if the section had not been repealed.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Schedule | Revision Schedule