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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Local Government Act

[RSBC 1996] CHAPTER 323

Part 5.2 — Regional District Boards and Their Proceedings

Division 1 — Board Members

Repealed

207–209  [Repealed 2003-52-208.]

Oath of office for board members

210  (1) A person elected or appointed to office on a board must make an oath or solemn affirmation of office within the following applicable time limit:

(a) in the case of an electoral area director elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;

(b) in the case of an electoral area director elected by voting, within 45 days after the declaration of the results of the election;

(c) in the case of a person appointed to an electoral area under section 78 [appointment if an insufficient number of candidates are elected], within 45 days after the effective date of the appointment;

(d) in the case of a person appointed as municipal director, within 45 days after the effective date of the appointment;

(e) in the case of a person appointed as an alternate director, within 45 days after the effective date of the appointment or the first board meeting or board committee meeting at which the person acts in that capacity, whichever is latest.

(2) A person required to make an oath or solemn affirmation of office under subsection (1)

(a) must make the oath or solemn affirmation before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia, the regional district corporate officer or the chief election officer, and

(b) must obtain the completed oath or solemn affirmation, or a certificate of it, from the person administering the oath or affirmation.

(3) A person takes office on a board

(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or solemn affirmation of office, or the certificate of it, to the regional district corporate officer, or

(b) at any later time that the person produces the completed oath or solemn affirmation of office, or the certificate of it, to that officer.

(4) If a person, other than a person appointed as an alternate director, does not make the required oath or solemn affirmation of office within the time limit established by subsection (1), the person is disqualified from holding office

(a) on a local government,

(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or

(c) as a trustee under the Islands Trust Act

until the next general local election.

(5) A board may, by bylaw, establish an oath or solemn affirmation of office for the purposes of this section, which may be different for different types of office.

(6) If no bylaw under subsection (5) applies, the oath or solemn affirmation of office to be made is that prescribed by regulation.

(7) A person taking office on a board may also make an oath of allegiance.

(8) Once a board member takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.

Repealed

211  [Repealed 2003-52-210.]

Resignation from office

212  (1) A board member may resign from office only by delivering a written resignation to the regional district corporate officer.

(2) A resignation becomes effective when it is received by the corporate officer, even if a later date is set out in the resignation, and may not be revoked after the time it is received.

(3) The corporate officer must notify the board of a resignation at the next meeting of the board after the resignation is received or, if there are no other board members, the corporate officer must notify the minister.

Repealed

213–214  [Repealed 2003-52-212.]

Repealed

215–217  [Repealed 1999-37-56.]

Division 2 — Chair

Powers and duties of chair

218  (1) The chair is the head and chief executive officer of the regional district.

(2) In addition to the chair's powers and duties as a board member, the chair has the following duties:

(a) to see that the law is carried out for the improvement and good government of the regional district;

(b) to communicate information to the board and to recommend bylaws, resolutions and measures that, in the chair's opinion, may assist the peace, order and good government of the regional district in relation to the powers conferred on the board by an enactment;

(c) to inspect and direct the conduct of officers and employees, to direct the management of regional district business and affairs and, if considered necessary, to suspend an officer or employee;

(d) so far as the chair's power extends, to see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished.

(3) Every suspension of an officer or employee by the chair under this section must be reported to the board at the next meeting of the board, and the board may

(a) reinstate the officer or employee,

(b) confirm the suspension,

(c) confirm and extend the suspension, or

(d) dismiss the officer or employee.

Chair may require board reconsideration of a matter

219  (1) The chair of a regional district has the same authority as a mayor under section 131 [mayor may require council reconsideration of a matter] of the Community Charter.

(2) In exercising the power under subsection (1), the chair may return the matter for reconsideration at the meeting of the board following the original vote, whether or not this is within the 30 day period referred to in section 131 (2) of the Community Charter.

Repealed

220–221  [Repealed 2003-52-215.]

Division 3 — Board Meetings

Repealed

222  [Repealed 2003-52-217.]

Regular and special board meetings

222.1  (1) A board must meet

(a) regularly in accordance with its bylaw under section 794 [procedure, bylaws and enforcement], and

(b) as it decides and as provided in this Act.

(2) A special board meeting is a board meeting other than a statutory, regular or adjourned meeting.

(3) If permitted under subsection (5), a board meeting or a board committee meeting may be conducted by means of electronic or other communications facilities.

(4) Members of the board who are participating under this section in a meeting conducted in accordance with subsection (3) are deemed to be present at the meeting.

(5) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (3) and prescribing conditions, limits and requirements respecting such meetings.

(6) Subject to subsection (8), if a board member is absent from board meetings for

(a) a period of 60 consecutive days, or

(b) 4 consecutive regularly scheduled board meetings,

whichever is the longer time period, the board member is disqualified from holding office in accordance with subsection (7).

(7) Disqualification under subsection (6) is disqualification from holding office

(a) on a local government,

(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or

(c) as a trustee under the Islands Trust Act

until the next general local election.

(8) The disqualification under subsection (6) does not apply if the absence is because of illness or injury or is with the leave of the board.

Repealed

223–224  [Repealed 2003-52-219.]

Repealed

225–226  [Repealed 1999-37-58.]

Proceedings at board meetings

227  (1) The chair, if present, must preside at board meetings.

(2) Section 132 [authority of presiding member] of the Community Charter applies to regional districts, except that a reference to section 123 of the Community Charter in that section is to be read as a reference to section 791 [voting on resolutions and bylaws] of this Act.

Repealed

228–231  [Repealed 2003-52-221.]

Division 4 — Board Proceedings

Repealed

232–235  [Repealed 2003-52-223.]

Minutes of board meetings

236  Minutes of board meetings must be

(a) legibly recorded,

(b) certified as correct by the designated regional district officer, and

(c) signed by the chair or other member presiding at the meeting or at the next meeting at which they are adopted.

Minutes of board committee meetings

237  Minutes of a board committee meeting must be

(a) legibly recorded, and

(b) signed by the chair or member presiding at the meeting.

Meetings and hearings outside regional district

237.1  (1) If authorized under subsection (2), the following meetings, hearings and other proceedings may be held, and all powers, duties and functions may be exercised in relation to those proceedings, outside the boundaries of the regional district:

(a) board meetings;

(b) board committee meetings;

(c) other public meetings conducted by or on behalf of the board or a board committee;

(d) board hearings that are required by law or authorized by an enactment;

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

(2) A board may do either or both of the following:

(a) by bylaw, provide that meetings, hearings or other proceedings referred to in subsection (1) may be held outside the boundaries of the regional district;

(b) by resolution in a specific case, allow a meeting, hearing or other proceeding to be held outside the boundaries of the regional district.

Repealed

238–241  [Repealed 2003-52-225.]

Repealed

242  [Repealed 2000-7-28.]

Division 4.1

Repealed

242.1–242.8  [Repealed 2003-52-226.]

Division 5

Repealed

243–251  [Repealed 2003-52-226.]

Repealed

252–253  [Repealed 1999-37-65.]

Repealed

254–256  [Repealed 1999-37-66.]

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