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Local Government Act

[RSBC 1996] CHAPTER 323

Part 30 — Administrative Commissioner

Definitions

1026  In this Part:

"commissioner" means a commissioner appointed for a jurisdiction under this Part;

"jurisdiction" means a municipality or regional district.

Appointment of administrative commissioner

1027  (1) The Lieutenant Governor in Council may appoint a commissioner for a jurisdiction

(a) if authorized by an order of the Supreme Court under subsection (2), or

(b) on a report of the inspector that the jurisdiction has failed to or cannot make due provision for the payment of either the principal of or the interest on a debenture issued or guaranteed by the jurisdiction when the payment is due.

(2) If a jurisdiction for any reason fails to provide for the payment of either the principal of or the interest on a debenture issued or guaranteed by the jurisdiction, when the payment is due, any creditor or elector of the jurisdiction may apply to the Supreme Court for an order authorizing the appointment of a commissioner for the jurisdiction to carry out the duties and functions provided for in this Part.

(3) This section applies to a debenture of which, under any Act, the jurisdiction has been made responsible for the payment of the principal and the interest.

(4) A commissioner has all the powers and authority that, before the appointment, were vested in or exercisable by the local government, the mayor or chair of the jurisdiction, the municipal police board, the parks commission, the civic properties commission, any other local government commission, the board of school trustees and the officers of the jurisdiction.

(5) A commissioner must be paid out of the jurisdiction's revenue the salary and other expenses incidental to the commissionership as authorized by the Lieutenant Governor in Council.

Substitution of commissioner

1028  (1) The Lieutenant Governor in Council may at any time cancel the appointment of a commissioner and, on that cancellation, all the powers vested in that commissioner under this Act end.

(2) The Lieutenant Governor in Council may appoint another commissioner for the jurisdiction to replace a person whose appointment is cancelled under subsection (1).

(3) If a commissioner dies, the Lieutenant Governor in Council may appoint another commissioner for the jurisdiction as a replacement.

(4) A commissioner appointed under subsection (2) or (3) has all the powers and authority vested in a commissioner by this Part.

Acting commissioner

1029  (1) With the approval of the Lieutenant Governor in Council, a commissioner may appoint a person as acting commissioner.

(2) An acting commissioner under subsection (1) has and may exercise all the powers and authority of the commissioner

(a) during any temporary absence of the commissioner, or

(b) if the commissioner is for any reason unable to perform the commissioner's duties.

(3) If the acting commissioner appears to have acted in the exercise of any power or authority of the commissioner, it is conclusively deemed that the acting commissioner acted for one of the reasons referred to in subsection (2).

Powers transferred to commissioner

1030  (1) On the appointment of a commissioner,

(a) the members of the local government, the municipal police board members, the parks commissioners, the civic properties commissioners, any other local government commissioners and all officers of the jurisdiction are deemed to have retired from office, and

(b) all the rights, powers and authority vested in or exercisable by the local government, the mayor or chair of the jurisdiction, the municipal police board, the parks commission, the civic properties commission, any other local government commission and other officers of the jurisdiction under any Act are vested in and exercisable by the commissioner.

(2) This section does not prevent the full exercise by the commissioner of the powers exercisable by the local government or other municipal body relative to the appointment, control or removal of its officers and employees.

(3) On the appointment of a commissioner,

(a) the school trustees elected in that jurisdiction for the school district of which the jurisdiction is comprised or forms a part are deemed to have retired from office, and

(b) with the approval of the Lieutenant Governor in Council, the commissioner must appoint a sufficient number of persons to maintain the jurisdiction's quota of school trustees.

(4) The Lieutenant Governor in Council may confer on a commissioner any rights, powers and authority that could by order be conferred on a council under any Act.

Power of commissioner to make bylaws

1031  (1) A commissioner may adopt bylaws that might be adopted by the local government.

(2) The commissioner must submit a bylaw under subsection (1) for the approval of the Lieutenant Governor in Council and, on being approved by the Lieutenant Governor in Council, and registered if required, the bylaw comes into force and is valid and binding in all respects as a bylaw of the jurisdiction.

Powers of commissioner to borrow

1032  (1) Despite this Act or the Community Charter, a commissioner

(a) may make, amend and repeal bylaws authorizing the borrowing from any person, and

(b) subject to this section, may borrow under a bylaw referred to in paragraph (a) from any person

the sums of money on the credit of the jurisdiction, not repayable within the same year, that may be necessary for the replacement or reconstruction of, or for the purchase, construction and installation of, alterations, extensions or additions to existing services of the jurisdiction or any matter or thing connected with them.

(2) A bylaw adopted under subsection (1) may make provision for granting to the lender the security approved by the minister, and the commissioner may grant that security under the bylaw.

(3) Before the adoption of a bylaw under subsection (1), the terms of the bylaw, the nature of the security to be issued and the terms of repayment must be submitted in detail to and be approved by the minister, who may impose the conditions the minister considers advisable.

(4) A bylaw under subsection (1) does not come into force until approved by the Lieutenant Governor in Council.

(5) Proof of the approval of the bylaw by the Lieutenant Governor in Council under subsection (4) is, in all courts and places and for all purposes, conclusive evidence that the bylaw has been lawfully and validly made, and that all statutory and other requirements have been complied with.

(6) The validity of a bylaw under subsection (1) must not be attacked or questioned or adjudicated on in any proceeding in a court in British Columbia.

Taxes for sinking fund

1033  With the approval of the inspector, a commissioner may, by bylaw, determine what amount, if any, is to be imposed or provided for sinking fund purposes in any year.

Parcel tax rolls

1034  (1) All the powers vested in the council as to a parcel tax roll review panel are vested in the commissioner.

(2) A parcel tax roll for a jurisdiction for which a commissioner has been appointed,

(a) as authenticated by the parcel tax roll review panel or by the commissioner or acting commissioner purporting to sit as the parcel tax roll review panel, and

(b) as further determined and confirmed on appeal from the parcel tax roll review panel,

is deemed to be valid and binding on the jurisdiction and on all persons.

Limits on complaints against assessment

1035  (1) A complaint to the parcel tax roll review panel or an appeal to the Supreme Court, as provided under the Community Charter, must not be sustained or allowed on the grounds that land in a jurisdiction for which a commissioner is appointed has been valued at too high an amount, if the assessment complained of or appealed against is not more than the assessed value of the same land according to the authenticated real property assessment roll for the year immediately preceding.

(2) Subsection (1) applies despite any Act, but without affecting the provisions of an Act relating to complaints or appeals against assessments of improvements.

Differences between commissioner and board of school trustees

1036  Any difference arising between the commissioner and the board of school trustees on matters generally within the jurisdiction of the board of school trustees must be determined by the Lieutenant Governor in Council, whose decision is final.

Reports to minister

1037  The commissioner must report to the minister whenever and on the matters directed by the Lieutenant Governor in Council.

Election after commissioner appointed

1038  (1) The Lieutenant Governor in Council may, by regulation, provide for the election of a local government for a jurisdiction for which a commissioner has been appointed.

(2) On the election of a local government under subsection (1), the Lieutenant Governor in Council may, by order, revoke the powers and authority vested in the commissioner and, on that revocation, the local government has and may exercise all the powers and authority conferred by statute or by law on a local government of that type.

(3) If provision for an election is made under subsection (1), the Lieutenant Governor in Council may also make regulations for the election of the required number of school trustees and, on their election, may by order terminate any appointment made by the commissioner under section 1030.

Restriction on legal proceedings

1039  (1) In relation to a jurisdiction for which there is at the time a commissioner appointed under this Part, a person must not, except with the consent of the Attorney General,

(a) commence or continue a proceeding in any court in British Columbia in respect of or for the recovery of either the principal of or the interest on a debenture or other security issued by or guaranteed by the jurisdiction or for the payment of which the jurisdiction is liable, or

(b) commence or continue a proceeding in or out of a court in British Columbia in respect of or for the recovery of either the principal of or the interest on a debenture or other security guaranteed by the jurisdiction, if the property pledged or hypothecated in security of the debt represented by the debenture or security was not the property of the jurisdiction at the time of the pledge or hypothecation, but is at the commencement or continuance of the proceeding.

(2) Subsection (1) (a) applies despite any Act.

Power to make regulations

1040  (1) The Lieutenant Governor in Council may make regulations to carry this Part into effect.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) to remove any difficulty that may arise in the administration by the commissioner, and

(b) prescribing procedures governing the commissioner's administration that are considered desirable.

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