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Local Government Act

[RSBC 1996] CHAPTER 323

Part 5 — Regional District Corporate Powers and Their Use

Division 1 — Regional District Corporate Status

Regional district corporations

173  Each regional district is a corporation.

Board is governing body

174  (1) The governing body of a regional district is its board.

(2) The powers, duties and functions of a regional district are to be exercised and performed by its board unless this or any other Act provides otherwise.

(3) A board, in exercising or performing the powers, duties and functions conferred on it by an enactment, is acting as the governing body of the regional district.

(4) Despite any change in its membership, the board of a regional district is a continuing body and may complete any proceedings started but not completed before the change.

Area of jurisdiction

175  A board may only exercise or perform its powers, duties and functions within the boundaries of the regional district unless authorized under this or another Act.

Division 2 — General Corporate Powers

Corporate powers

176  (1) Subject to the specific limitations and conditions established under this or another Act, the corporate powers of a board include the following:

(a) to make agreements respecting

(i)   the regional district's services, including agreements respecting the undertaking, provision and operation of those services, other than the exercise of the board's regulatory authority,

(ii)   operation and enforcement in relation to the board's exercise of its regulatory authority, and

(iii)   the management of property or an interest in property held by the regional district;

(b) to make agreements with a public authority respecting

(i)   activities, works or services within the powers of a party to the agreement, other than the exercise of regulatory authority, including agreements respecting the undertaking, provision and operation of activities, works and services,

(ii)   operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and

(iii)   the management of property or an interest in property held by a party to the agreement;

(c) to provide assistance for the purpose of benefiting the community or any aspect of the community;

(d) to acquire, hold, manage and dispose of land, improvements, personal property or other property, and any interest or right in or with respect to that property;

(e) to delegate its powers, duties and functions, including those specifically established by an enactment, to its officers and employees, its committees or its members, or to other bodies established by the board;

(f) to engage in commercial, industrial and business undertakings and incorporate a corporation or acquire shares in a corporation for that purpose;

(g) to establish commissions to

(i)   operate regional district services,

(ii)   undertake operation and enforcement in relation to the board's exercise of its regulatory authority, and

(iii)   manage property or an interest in property held by the regional district.

(2) In exercising its powers under subsection (1), a board may establish any terms and conditions it considers appropriate.

(3) The powers of a board under subsection (1) may be exercised outside the boundaries of the regional district.

Division 3 — Agreements

Disclosure of information relating to agreements

177  (1) If an agreement is proposed or made in relation to a matter that requires approval of the electors or assent of the electors,

(a) the agreement, and

(b) all records relating to the agreement that are in the custody or under the control of the regional district

must be available for public inspection at the regional district offices during the time when the approval or assent process is underway.

(2) Subsection (1) does not apply to records that must not be disclosed under the Freedom of Information and Protection of Privacy Act.

(3) Notices under

(a) section 164 [notice of other voting], or

(b) section 86 (2) [alternative approval process — notice] of the Community Charter

in relation to the agreement must state that the agreement and the records relating to it are available for public inspection in the regional district offices during their regular office hours.

Repealed

178–179  [Repealed 2003-52-190.]

Approval for out-of-Province and out-of-country agreements with public authorities

180  (1) An agreement between a board and a public authority in another province respecting the provision and operation of works and services has no effect unless it is approved by the minister.

(2) An agreement between a board and a public authority in another country respecting the provision and operation of works and services has no effect unless it is approved by the Lieutenant Governor in Council.

Division 4 — Assistance

Definition of "assistance"

181  For the purposes of section 176 (1) (c) [corporate powers — assistance] and this Division, "assistance" means providing a grant, benefit, advantage or other form of assistance, including

(a) an exemption from a tax, fee or charge, and

(b) the forms of assistance referred to in section 185 (1) [publication of intention to provide certain kinds of assistance].

Prohibition against assistance to business

182  As a limitation on section 176 (1) (c), a board must not provide assistance to an industrial, commercial or business undertaking.

Exception for assistance under partnering agreements

183  Despite section 182 and in addition to the power under section 176 (1) (c), a board may provide assistance under a partnering agreement.

Exception for heritage conservation purposes

183.1  (1) A board may provide assistance for one or more of the purposes referred to in section 25 (2) [heritage assistance] of the Community Charter.

(2) A board may, by an affirmative vote of at least 2/3 of the votes cast, provide assistance for the conservation of property referred to in section 25 (3) [heritage property assistance] of the Community Charter.

(3) The powers under this section are in addition to the power under section 176 (1) (c) [corporate powers — assistance] and apply despite section 182 [prohibition against assistance to business].

Limitation on assistance by means of tax exemption

184  As a limitation on sections 176 (1) (c) and 183, a board may provide a property tax exemption only in accordance with Division 4.4 [Tax Rates and Exemptions] of Part 24.

Publication of intention to provide certain kinds of assistance

185  (1) A board must publish in a newspaper its intention to provide any of the following assistance:

(a) disposing of land or improvements, or any interest or right in or with respect to them, for less than market value;

(b) lending money;

(c) guaranteeing repayment of borrowing or providing security for borrowing;

(d) assistance under a partnering agreement.

(2) The notice must be published before the assistance is provided and must include

(a) the intended recipient of the assistance, and

(b) the nature, term and extent of the proposed assistance.

Division 5 — Disposing of Land and Improvements

Disposition of land and improvements

186  (1) If a board intends to dispose of land or improvements, it must make the land or improvements available to the public for acquisition.

(2) Subsection (1) does not apply if the disposition is

(a) to a not for profit corporation,

(b) to a public authority,

(c) to a person who, as part of the consideration for the disposition, will exchange land or an improvement with the regional district,

(d) to a person under a partnering agreement that has been the subject of a process involving the solicitation of competitive proposals, or

(e) a disposition of land to an owner of adjoining land for the purpose of consolidating the lands.

Notice of proposed disposition

187  (1) A board intending to dispose of land or improvements must publish notice of its intention in a newspaper in accordance with subsection (2) or (3), as applicable.

(2) If the disposition is a disposition referred to in section 186 (2), the notice must include

(a) a description of the land or improvements,

(a.1) the person or public authority who is to acquire the property under the proposed disposition,

(b) the nature and, if applicable, the term of the proposed disposition, and

(c) the consideration to be received by the regional district for the disposition.

(3) For all other dispositions, the notice must include

(a) a description of the land or improvements,

(b) the nature and, if applicable, the term of the proposed disposition, and

(c) the process by which the land or improvements may be acquired.

Use of money from sale of land or improvements

188  (1) Subject to subsections (2) and (3), all money received by a regional district from the sale of land or improvements must be placed to the credit of a reserve fund.

(2) If, after money is received under subsection (1), a debt incurred by the regional district for the purchase or management of the land or improvements remains, there must be set aside all or part of the proceeds of the disposition, as required to repay the debt as it matures together with interest.

(3) Except as required by subsection (2), in the case of a sale of park land, a regional park or a regional trail, the proceeds of the disposition must be placed to the credit of a reserve fund established for the purpose of acquiring park lands.

Repealed

189  [Repealed 2003-52-197.]

Disposal of utilities and water and sewer systems

190  (1) As a limitation on section 176 (1) (d) [corporate powers — property], the following works may only be disposed of in accordance with this section:

(a) works for the supply, treatment, conveyance, storage and distribution of water;

(b) works for the collection, conveyance, treatment and disposal of sewage;

(c) works for the supply and distribution of gas or electrical energy;

(d) works for a transportation system, telephone system, closed circuit television system or television rebroadcasting system.

(2) The works may be disposed of only if

(a) the works are no longer required for the purpose described,

(b) the works are disposed of to a municipality in the regional district,

(c) in the case of works referred to in subsection (1) (a) or (b) that are used by the regional district to provide a water or sewer service,

(i)   before the disposition occurs there is in effect an agreement under which the water or sewer service will continue for a period specified in the agreement, and

(ii)   the intended disposition receives the assent of the electors, or

(d) in the case of works not referred to in paragraph (c), the board has obtained the approval of the electors in relation to the proposed disposition.

(3) For the purposes of subsection (2) (c) (ii),

(a) the notice under section 164 [notice of other voting] must include a description of the agreement referred to in subsection (2) (c) (i), and

(b) section 177 [disclosure of information relating to agreements] applies to that agreement.

Division 6 — Delegation of Board Authority

Limitations on delegation authority

191  (1) As a limitation on section 176 (1) (e) [corporate powers — delegation], a board may not delegate the following:

(a) the making of a bylaw;

(b) a power or duty exercisable only by bylaw;

(c) a power or duty to appoint, suspend or terminate a regional district officer;

(d) a power or duty established by an enactment that the board hear an appeal or reconsider an action, decision or other matter;

(e) a power or duty established by this or any other Act that the board give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter;

(f) the power to impose a remedial action requirement under Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter.

(2) The authority under section 176 (1) (e) [corporate powers — delegation] does not include authority to delegate to a corporation.

How delegation must occur

192  (1) Subject to section 193, a board may delegate a power, duty or function only by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast.

(2) A board may, by bylaw adopted by a majority of votes cast, amend or repeal a bylaw referred to in subsection (1) to reduce or revoke the delegation.

Delegation of hearings

193  (1) This section applies to the delegation of

(a) board hearings that are required by law or authorized by an enactment, other than hearings referred to in section 191 (1) (d), and

(b) board proceedings in which a person is entitled under this Act to make representations to the board.

(2) The following rules apply in relation to a delegation referred to in subsection (1):

(a) the delegation may be made specifically, by class of hearings or proceedings, or generally;

(b) the delegation may only be made to one or more directors;

(c) if a board decision is to be made following a delegated hearing or proceeding, the authority to make the decision may only be delegated to the directors to whom the matter is delegated;

(d) if a board decision referred to in paragraph (c) is not delegated under that provision, the board must not make the decision until the applicable directors report to the board the views expressed at the hearing or proceeding.

(3) As an exception to section 192 (1), a board may delegate the holding of a hearing by bylaw or resolution adopted by a majority of votes cast.

(4) For certainty, if a delegation has been made under this section, the board may exercise its authority under this section to revoke that delegation or change the delegation to a different delegation in relation to a specific hearing or proceeding.

Reconsideration of delegate's decisions

194  (1) If

(a) a board delegates a power to make a decision, and

(b) in relation to that delegation, an enactment establishes a right to have a delegated decision reconsidered by the board,

the board must, by bylaw, establish procedures for such a reconsideration, including how a person may apply for the reconsideration.

(2) In undertaking a reconsideration referred to in subsection (1), a board has the same authority as that conferred on the delegate.

(3) If there is a right of reconsideration, the person making the decision must advise the person subject to the decision of this right.

Division 7 — Incorporation of Corporations

Incorporation of corporations

195  (1) A regional district may only

(a) incorporate a corporation other than a society, or

(b) acquire shares in a corporation

with the approval of the inspector or as authorized by regulation.

(2) An incorporation or acquisition under subsection (1) applies as an exception to the restriction under section 183 [investment of municipal funds] of the Community Charter as it applies under section 814 of this Act.

Contents  |  1  |  1.1  |  2  |  3  |  4  |  5  |  5.1  |  5.2  |  6  |  7  |  8  |  9  |  10  |  10.1  |  11  |  12  |  13  |  14  |  15  |  16  |  17  |  18  |  19  |  20  |  21  |  22  |  23  |  24  |  25  |  26  |  27  |  28  |  29  |  30