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Local Government Act

[RSBC 1996] CHAPTER 323

Part 5.1 — Regional District Officers and Employees

Division 1 — Officer Positions

Officer positions

196  (1) A board

(a) must, by bylaw, establish officer positions in relation to the powers, duties and functions under sections 198 [corporate administration] and 199 [financial administration], with titles it considers appropriate,

(b) may, by bylaw, establish other officer positions for its regional district, with titles it considers appropriate, and

(c) may, by bylaw or resolution, assign powers, duties and functions to those officer positions.

(2) For certainty,

(a) a board may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and

(b) the same person may be appointed to 2 or more officer positions.

Chief administrative officer

197  One of the officer positions established under section 196 may be assigned the chief administrative responsibility, which includes the following powers, duties and functions:

(a) overall management of the administrative operations of the regional district;

(b) ensuring that the policies and directions of the board are implemented;

(c) advising and informing the board on the operation and affairs of the regional district.

Corporate administration

198  One of the officer positions established under section 196 must be assigned the responsibility of corporate administration, which includes the following powers, duties and functions:

(a) ensuring that accurate minutes of the meetings of the board and board committees are prepared and that the minutes, bylaws and other records of the business of the board and board committees are maintained and kept safe;

(b) ensuring that access is provided to records of the board and board committees, as required by law or authorized by the board;

(c) certifying copies of bylaws and other documents, as required or requested;

(d) administering oaths and taking affirmations, declarations and affidavits required to be taken under this or any other Act relating to regional districts;

(e) accepting, on behalf of the board or regional district, notices and documents that are required or permitted to be given to, served on, filed with or otherwise provided to the board or regional district;

(f) keeping the corporate seal, if any, and having it affixed to documents as required.

Financial administration

199  One of the officer positions established under section 196 must be assigned the responsibility of financial administration, which includes the following powers, duties and functions:

(a) receiving all money paid to the regional district;

(b) ensuring the keeping of all funds and securities of the regional district;

(c) expending and disbursing money in the manner authorized by the board;

(d) investing funds, until required, in authorized investments;

(e) ensuring that accurate records and full accounts of the financial affairs of the regional district are prepared, maintained and kept safe;

(f) exercising control and supervision over all other financial affairs of the regional district.

Division 2 — Regional District Officers and Employees Generally

Appointment of officers and employees

200  (1) Without limiting section 176 [corporate powers], a board may

(a) provide for the appointment of officers and other employees for the regional district, and

(b) subject to the Labour Relations Code and the Employment Standards Act, establish the terms and conditions of their employment, including terms and conditions respecting their remuneration, benefits, expenses, hours of work and manner of appointment, promotion, discipline and dismissal.

(2) In the event of a conflict between terms and conditions of employment established by bylaw, resolution or policy and those established by contract of employment or collective agreement, the contract or agreement prevails.

Prohibition against interfering with regional

district officers and employees

200.1  A person must not interfere with, hinder or obstruct a regional district officer or employee in the exercise or performance of his or her powers, duties or functions.

Oath of office for officers

201  Before taking on the duties of office, a person appointed to an officer position for a regional district must swear or affirm an oath of office in the form prescribed by regulation or established by bylaw.

Termination of officer

202  (1) Subject to a contract of employment and subject to providing the officer with an opportunity to be heard, the appointment of a regional district officer may be terminated by the board as follows:

(a) in the case of termination for cause, by immediate termination without any period of notice;

(b) in any other case, by termination on reasonable notice.

(2) A termination under subsection (1) (b) may only be made by the affirmative vote of at least 2/3 of all directors.

Employers' organization

203  A board may, by an affirmative vote of at least 2/3 of the votes cast, provide for the inclusion of its regional district in an employers' organization under the Labour Relations Code.

Division 3 — Certification of Senior Officials

Board of examiners

204  (1) There is to be a board of examiners for the purposes of this Division, composed of 3 members appointed by the Lieutenant Governor in Council on the recommendation of the minister, of whom

(a) one must be nominated by the Union of British Columbia Municipalities,

(b) one must be nominated by the Local Government Management Association of British Columbia, and

(c) one must be nominated by the minister.

(2) The members of the board hold office for a term of 3 years or until their successors are appointed.

(3) If a vacancy occurs because of the death or resignation of a member, the member's successor must be nominated and appointed in the same manner as the member originally nominated and appointed.

(4) The members of the board must not receive remuneration for their services, but must be paid by the minister the amount of their travelling and other personal expenses necessarily incurred by them in the discharge of their official duties.

(5) A member of the board may be nominated and reappointed for further terms.

Powers of board

205  (1) The board may do one or more of the following:

(a) establish qualifications and standards for municipal, regional district or improvement district employment according to office and grades;

(b) grant certificates according to grades and skill to persons possessing the qualifications and meeting the standards;

(c) set and hold examinations for, or pass on the credentials of, a person who is a candidate for a certificate;

(d) cancel a certificate on proof of dishonesty or gross negligence on the part of the holder.

(2) The powers and duties of the board must be exercised and performed in accordance with any applicable regulations made by the board.

(3) The records of the board and the administrative duties in connection with them are the responsibility of the inspector.

Board may make regulations

206  With the approval of the Lieutenant Governor in Council on the recommendation of the minister, the board may make regulations respecting

(a) the exercise and performance of its powers and duties,

(b) examinations and certificates, and

(c) any other matter within the jurisdiction of the board.

Application

206.1  This Division applies to the City of Vancouver.

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