Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
This Act is current to November 2, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Local Government Act

[RSBC 2015] CHAPTER 1

Deposited with Clerk of the Legislative Assembly on December 16, 2015

Part 6 — Regional Districts: Governance and Procedures

Division 1 — Regional Districts and Their Boards

Regional district corporations

193  Each regional district is a corporation.

Board as governing body

194  (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

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

Division 2 — Board Members

Composition and voting rights

196  (1) Subject to section 253 (1) [treaty first nation directors], a board consists of municipal directors and electoral area directors.

(2) The number of votes to which each municipality and each electoral area is entitled is

(a) the number obtained by dividing the population of the municipality or electoral area by the voting unit specified in the letters patent, or

(b) if the number obtained by division under paragraph (a) is not a whole number, the next greater whole number.

(3) For purposes of voting power on a board, a change in the population of a municipality or an electoral area as established by census takes effect in the year following the year in which that census was taken.

Municipal directors: number of directors and assignment of votes

197  (1) The number of directors to which each municipality is entitled is

(a) the number obtained by dividing the number of votes to which that municipality is entitled under section 196 (2) [voting rights] by 5 or, if otherwise specified in letters patent for the regional district, by the other number specified, or

(b) if the number obtained by division under paragraph (a) is not a whole number, the next greater whole number.

(2) The votes of a municipality referred to in subsection (1) are to be equally distributed by the council among the directors from that municipality.

(3) If equal distribution is not possible under subsection (2),

(a) the council must assign the municipality's votes to each director as evenly as possible, but in no case may the difference between the maximum and minimum number of votes assigned be greater than one, and

(b) the municipal corporate officer must notify the regional district corporate officer of the assignment made under paragraph (a).

Appointment and term of office for municipal directors

198  (1) After the first appointment under section 41 (2) (e) [first board for regional district], each municipal director is to be appointed at pleasure by the council from among its members.

(2) The term of office of a municipal director

(a) begins when the person takes office in accordance with section 202 (3) [oath or affirmation of office], and

(b) continues until the earliest of the following:

(i) another director taking office in the original director's place;

(ii) the director ceasing to be a member of the council before the next general local election;

(iii) November 30 in the year of a general local election.

Election and term of office for electoral area directors

199  (1) After the first election under section 41 (2) (f) [incorporation of new regional district], elections for electoral area directors are to be conducted in accordance with Part 3 [Electors and Elections].

(2) The term of office of an electoral area director elected at the time of the general local election

(a) begins on the first Monday after November 1 following the election or when the person takes office in accordance with section 202 (3) [oath or affirmation of office], whichever is later, and

(b) ends immediately before the first Monday after November 1 in the year of the next general local election or when the director's successor takes office, whichever is later.

Alternate directors: municipalities

200  (1) The council of a municipality may appoint a council member as an alternate director.

(2) The alternate director may take the place of, vote and generally act in all matters for an absent municipal director, including a matter delegated to that director by the board.

(3) If there is more than one municipal director, the authority under subsection (1) may be exercised either

(a) by specifying, for each municipal director, the council member who is the alternate director for that municipal director, or

(b) by appointing a number of alternate directors and establishing a system to determine which alternate director is to act in the place of any absent municipal director.

(4) As a restriction on subsection (3) (b), at any one time, an alternate director may act in place of only a single municipal director.

(5) If the council appoints an alternate director, the municipal corporate officer must notify the regional district corporate officer of the appointment in writing.

(6) An alternate director holds office as alternate director until another council member is appointed as a replacement and the regional district corporate officer has been notified of the new appointment.

(7) If the seat of a municipal director becomes vacant through resignation, disqualification or death, the alternate director appointed under subsection (1) becomes the municipal director in place of the director whose seat became vacant until a new director is appointed.

Alternate directors: electoral areas

201  (1) An electoral area director must appoint an alternate director as follows:

(a) the appointment must be made within 60 days of

(i) the electoral area director being elected, or

(ii) the office of the alternate director becoming vacant through resignation, disqualification or death;

(b) the person appointed must have the qualifications necessary to be nominated as a director for the electoral area.

(2) An appointment under subsection (1) takes effect when

(a) the appointment has been approved in writing by 2 electors who reside in the electoral area that the director represents, and

(b) the director notifies, in writing, the regional district corporate officer of the appointment of the alternate.

(3) If an electoral area director does not appoint an alternate director in accordance with subsection (1), the board must, by resolution, appoint a person who has the qualifications necessary to be nominated as a director for that electoral area as alternate director for the electoral area director.

(4) An appointment under subsection (3) takes effect when the resolution making the appointment is passed, and the alternate director so appointed holds office until the next general local election.

(5) If the office of an electoral area director becomes vacant through resignation, disqualification or death,

(a) the alternate director holds the office until that person's successor takes office following the next election for the office, or

(b) if the alternate director is unable or unwilling to hold office as director, the board must, by resolution, appoint another person who has the qualifications to be nominated as a director for the electoral area and that person holds the office as provided in paragraph (a).

(6) On behalf of an absent electoral area director, the alternate director appointed under this section may take the place of, vote and generally act in all matters for the absent electoral area director, including in relation to a matter delegated to that director by the board.

(7) The electoral area director who appointed an alternate director may appoint, as a replacement for the alternate director, another person who has the qualifications necessary to be nominated as a director for that electoral area.

(8) An alternate director appointed by an electoral area director holds office as alternate director until a replacement is appointed under subsection (7) or until the next general local election, whichever is earlier.

Oath or affirmation of office for board members

202  (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 100 [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 as follows until the next general local election:

(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;

(c) as a trustee under the Islands Trust Act.

(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.

Resignation from office

203  (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.

Director disqualification for failure to attend meetings

204  (1) Subject to subsection (2), a board member is disqualified from holding office in accordance with subsection (3) if the member is absent from board meetings for whichever of the following is the longer time period:

(a) 60 consecutive days;

(b) 4 consecutive regularly scheduled board meetings.

(2) The disqualification under subsection (1) does not apply if the absence is because of illness or injury or is with the leave of the board.

(3) Disqualification under subsection (1) is disqualification until the next general local election 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.

Regional district directors: application of Community Charter

205  (1) The following provisions of the Community Charter apply to regional districts:

(a) Division 6 [Conflict of Interest] of Part 4 [Public Participation and Council Accountability];

(b) Division 7 [Challenge of Council Member Qualification for Office] of Part 4;

(c) section 282 (2) (e) [regulations in relation to Division 6 of Part 4];

(d) section 117 [duty to respect confidentiality].

(2) For the purpose of subsection (1), a reference to a delegate in section 102 (1) (c) [restrictions on inside influence] of the Community Charter is to be read as a reference to a delegate under section 229 [delegation of board authority] of this Act.

Division 3 — Voting and Voting Rights

Voting to be in accordance with this Division unless other rules apply

206  Except as otherwise provided under this or another Act, all resolutions and every reading and the adoption, amendment or repeal of regional district bylaws must be voted on and decided in accordance with this Division.

General rules: voting on resolutions and bylaws

207  (1) A resolution or the reading, adoption, amendment or repeal of a regional district bylaw must be decided by

(a) a majority of the votes cast, and

(b) voting in accordance with this Division.

(2) Each director who

(a) is present at the time of a vote, and

(b) is entitled to vote on the matter

must vote on the matter and must cast all available votes for the same objective.

(3) If a director who is entitled to vote does not indicate how he or she votes, the director is deemed to have voted in the affirmative.

(4) If the votes on a question, including the vote of the person presiding, are equal, the question is defeated.

(5) If, except for this subsection, only one director would be entitled to vote, each director who is present

(a) is entitled to vote, and

(b) has one vote.

General rule: each director has one vote

208  (1) In relation to voting on a resolution or the reading, adoption, amendment or repeal of a bylaw, each director who is present

(a) is entitled to vote, and

(b) has one vote.

(2) Without limiting subsection (1), voting on the following matters must be in accordance with that subsection:

(a) establishing bylaws for services;

(b) bylaws exercising a regulatory authority in relation to a regulatory service;

(c) resolutions and bylaws establishing services for which no establishing bylaw is required;

(d) resolutions and bylaws on the general conduct of the board's business, including bylaws under

(i) section 225 [procedure bylaws],

(ii) section 226 (1) or (2) [board proceedings: application of Community Charter], or

(iii) section 227 [bylaw procedures: application of Community Charter];

(e) resolutions dispensing with the consent of an electoral area director under

(i) section 347 (3) [proposed electoral participating area], or

(ii) that section as it applies under section 349 (2) [amendment or repeal of establishing bylaws] or 407 (3) [loan authorization bylaws];

(f) resolutions appointing a director under section 355 (2) (c) [appointment of representative in relation to service disputes];

(g) resolutions and bylaws to exclude the determined value of eligible property from the apportionment for an eligible service under section 382 [exclusion of property under creditor protection from apportionment];

(h) subject to section 212 [special rules in relation to Part 13], resolutions and bylaws under Part 13 [Regional Growth Strategies];

(i) subject to section 213 [special rules in relation to Part 14], resolutions and bylaws under Part 14 [Planning and Land Use Management], other than regulatory service bylaws referred to in paragraph (b) of this subsection.

Special rule: weighted voting on the administration and operation of services

209  (1) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a service, other than the service referred to in section 338 (2) (a) [general administration], each director who is present and who represents a participating area for the service

(a) is entitled to vote, and

(b) subject to the establishing bylaw for the service, has the number of votes assigned to that director under section 196 (2) [weighted votes for municipalities and electoral areas].

(2) Without limiting subsection (1), voting on the following matters must be in accordance with that subsection:

(a) bylaws imposing fees or charges;

(b) bylaws under section 388 (2) [parcel tax collection in electoral areas] providing for the preparation of an assessment roll;

(c) bylaws exercising a regulatory authority, other than bylaws exercising a regulatory authority in relation to a regulatory service.

Special rule: weighted voting on financial matters

210  (1) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws referred to in subsection (2), each director who is present

(a) is entitled to vote, and

(b) has the number of votes assigned to that director under section 196 (2) [weighted votes for municipalities and electoral areas].

(2) Voting on resolutions and bylaws on the following matters must be in accordance with subsection (1):

(a) authorizing persons to enter into contracts on behalf of the regional district;

(b) authorizing the acquisition, expropriation or disposal of real property;

(c) adopting the financial plan under section 374 [annual financial plan];

(d) authorizing borrowing and liabilities under Division 6 [Expenditures and Liabilities] of Part 11 [Regional Districts: Financial Management].

Special rule: weighted voting for Metro Vancouver

211  (1) The following sections do not apply to the Greater Vancouver Regional District:

(a) section 208 [default rule: each director has one vote];

(b) section 209 [exception: weighted voting on the administration and operation of services];

(c) section 210 [exception: weighted voting on financial matters].

(2) For the Greater Vancouver Regional District, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, except as otherwise provided, each director who is present and, if the resolution or bylaw is in respect of a service, who represents a participating area for that service,

(a) is entitled to vote, and

(b) subject to the establishing bylaw for the service, has the number of votes assigned to that person under section 196 (2) [weighted votes for municipalities and electoral areas].

Special rules in relation to Part 13 [Regional Growth Strategies]

212  (1) Except as provided in subsection (2), if a resolution or bylaw under Part 13 [Regional Growth Strategies] is in relation to a regional growth strategy for an area that is less than the entire regional district, the directors who may vote are only those who represent a municipality or electoral area all or part of which is subject to the regional growth strategy.

(2) The voting rule in subsection (1) does not apply to votes on the following:

(a) initiation of the regional growth strategy;

(b) boundary changes for the area to which the regional growth strategy is to apply;

(c) implementation agreements under section 451 [coordination of activities to implement regional growth strategy];

(d) acceptance of a regional growth strategy for an adjoining regional district.

Special rules in relation to Part 14 [Planning and Land Use Management]

213  (1) The following apply in relation to an agreement under section 381 (2) [municipality sharing in some regional district costs for Part 14 services]:

(a) the director for the municipality is not entitled to vote on the resolution or bylaw authorizing the regional district to enter into the agreement;

(b) as soon as the agreement has been entered into, the director for that municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into any other agreement under that section;

(c) while the agreement is in force, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 14 [Planning and Land Use Management] except in accordance with the agreement.

(2) The following apply in relation to a municipality that has given notice under section 381 (3) [withdrawal from participation in Part 14 services]:

(a) as soon as the notice has been given, the director for the municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into an agreement under section 381 (2);

(b) effective the year following the year in which the notice is given and continuing until the municipality again participates in the service, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 14 except, if applicable, in relation to participation under section 381 (6) or (7) [limited continued participation].

Other special voting rules

214  Without limiting exceptions to the voting rules established by this Division, the following are provisions establishing other voting rules that apply in specific circumstances:

(a) section 220 (3) [waiver of special meeting notice: unanimous vote];

(b) section 228 [bylaw adopted at same meeting as third reading: 2/3 votes cast];

(c) section 230 (1) [delegation of board power, duty or function: 2/3 votes cast];

(d) section 233 (3) [membership in employers' organization: 2/3 votes cast];

(e) section 241 (2) [termination of a regional district officer: 2/3 votes cast];

(f) section 276 (2) [assistance for conservation of heritage property: 2/3 votes cast];

(g) section 295 [declaration of emergency: 2/3 votes cast];

(h) section 342 (4) [approval vote for entire proposed service area: 2/3 votes cast];

(i) section 347 (3) [establishing bylaw approval — dispensing with electoral area director consent: 2/3 votes cast];

(j) section 349 (2) [amendment or repeal of establishing bylaw — dispensing with electoral area director consent: 2/3 votes cast];

(k) section 391 (3) [property tax exemptions: 2/3 votes cast];

(l) section 392 (2) [heritage property tax exemptions: 2/3 votes cast];

(m) section 393 (5) [repayment of heritage property tax exemptions: 2/3 votes cast];

(n) section 394 (2) [riparian property tax exemptions: 2/3 votes cast];

(o) section 395 (5) [repayment of riparian property tax exemptions: 2/3 votes cast];

(p) section 406 (3) [amendment or repeal of loan authorization bylaw — dispensing with electoral area director consent: 2/3 votes cast];

(q) section 460 (3) [Part 14 — variation of time limit to reapply for bylaw amendment or permit: 2/3 vote of eligible local government members];

(r) section 590 (2) [Part 15 — variation of time limit to reapply for bylaw amendment or permit: 2/3 of votes cast].

Division 4 — Board Chair and Committees

Chair and vice chair of board

215  (1) At the first meeting held after November 1 in each year, the board must elect a chair and a vice chair.

(2) The vice chair has, during the absence, illness or other disability of the chair, all the powers of the chair and is subject to all rules applicable to the chair.

(3) If the chair and the vice chair are not present at a meeting of the board, the directors present may elect an acting chair who, during that meeting, has all the powers of the chair and is subject to all rules applicable to the chair.

(4) For the purposes of elections under this section, each director present at the meeting has one vote in each election for an office.

Responsibilities of chair

216  (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;

(c) to preside at board meetings when in attendance;

(d) 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;

(e) to direct the management of regional district business and affairs;

(f) to direct the conduct of officers and employees in accordance with sections 239 [chair to direct and inspect officers and employees] and 240 [suspension of officers and employees].

Chair may require board reconsideration of a matter

217  (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.

Appointment of select and standing committees

218  (1) A board may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.

(2) The chair may establish standing committees for matters the chair considers would be better dealt with by committee and may appoint persons to those committees.

(3) Subject to subsection (4), persons who are not directors may be appointed by the board to a select committee or by the chair to a standing committee.

(4) At least one member of each select and standing committee must be a director.

Division 5 — Board Proceedings

Regular and special board meetings

219  (1) A board must meet

(a) regularly in accordance with its bylaw under section 225 [procedure bylaws], 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.

Calling of special board meetings

220  (1) The corporate officer must call a special meeting

(a) on request of the chair, or

(b) on request of any 2 directors.

(2) The corporate officer must call a special meeting by notice that

(a) states the general purpose and the date, hour and place of the meeting, and

(b) is mailed at least 5 days before the date of the meeting to each director at the address given by the director to the corporate officer for that purpose.

(3) The notice of any special meeting referred to in subsection (2) may be waived by a unanimous vote.

(4) In the case of an emergency, notice of a special meeting

(a) may be given, with the consent of the chair and 2 directors, less than 5 days before the date of the meeting, and

(b) need not be given in writing.

Electronic meetings and participation by members

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

(2) Members of the board who are participating under this section in a meeting conducted in accordance with subsection (1) are deemed to be present at the meeting.

(3) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (1) and prescribing conditions, limits and requirements respecting such meetings.

Regulations establishing special rules for dealing with urgent issues

222  (1) The minister may, by regulation applicable to one or more regional districts, make provision for obtaining and counting votes of the directors on urgent issues and adopting resolutions and bylaws on those issues without the necessity of holding a board meeting.

(2) Regulations under subsection (1) may establish rules respecting the following:

(a) mechanisms for submitting urgent issues to the directors;

(b) the manner in which votes will be submitted by the directors;

(c) the counting of votes and subsequent ratification by the board of the resolutions and bylaws.

(3) A board member participating in a vote under subsection (1) is deemed to be present at a board meeting and a resolution or bylaw adopted under that subsection is deemed to have been adopted at a board meeting.

Minutes of board meetings and committee meetings

223  (1) 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.

(2) Minutes of a board committee meeting must be

(a) legibly recorded, and

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

Meetings and hearings outside regional district

224  (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.

Procedure bylaws

225  (1) A board must, by bylaw, do the following:

(a) establish the general procedures to be followed by the board and by board committees in conducting their business, including the manner by which resolutions may be passed and bylaws adopted;

(b) provide for advance public notice respecting the date, time and place of board and board committee meetings and establish the procedures for giving that notice;

(c) identify places that are to be public notice posting places for the purposes of the application of section 94 [requirements for public notice] of the Community Charter to the regional district.

(2) A procedure bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the corporate officer for that purpose, at least 5 days before the meeting at which the amendment is to be introduced.

Board proceedings: application of Community Charter

226  (1) The following provisions of the Community Charter apply to regional districts in relation to meetings:

(a) Division 3 [Open Meetings] of Part 4 [Public Participation and Council Accountability];

(b) section 133 [expulsion from meetings];

(c) section 282 (2) (c) [regulations related to meeting rules].

(2) The following provisions of the Community Charter apply to regional districts:

(a) section 122 [exercise of powers by bylaw or resolution];

(b) section 134 [authority to compel witnesses].

(3) Section 132 [authority of presiding member] of the Community Charter applies to regional districts, except that a reference in that section to section 123 of the Community Charter is to be read as a reference to Division 3 [Voting and Voting Rights] of this Part.

Division 6 — Bylaw Procedures

Bylaw procedures: application of Community Charter

227  Subject to section 228 [immediate bylaw adoption], Division 3 [Bylaw Procedures] of Part 5 [Municipal Government and Procedures] of the Community Charter applies to regional districts.

Bylaw adoption at same meeting as third reading

228  A regional district bylaw that does not require approval, consent or assent under this or any other Act before it is adopted may be adopted at the same meeting at which it passes third reading if the motion for adoption receives at least 2/3 of the votes cast.

Division 7 — Delegation of Board Authority

Delegation of board authority

229  (1) Subject to the specific limitations and conditions established under this or another Act, a board may delegate its powers, duties and functions, including those specifically established by an enactment, to

(a) a board member or board committee,

(b) an officer or employee of the regional district, or

(c) another body established by the board.

(2) As exceptions, 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.

(3) A board may not delegate under subsection (1) to a corporation.

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

Bylaw required for delegation

230  (1) Subject to section 231, 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

231  (1) This section applies to the delegation of

(a) board hearings that are required by law or authorized under an enactment, other than hearings referred to in section 229 (2) (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 be made only 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 be delegated only to the directors to whom the matter is delegated;

(d) if a board decision referred to in paragraph (c) is not delegated under that paragraph, 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 230 (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

232  (1) This section applies 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.

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

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

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

Division 8 — Officers and Employees

Officers and employees for regional district

233  (1) Without limiting section 263 [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.

(3) 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.

Officer positions

234  (1) A board

(a) must, by bylaw, establish officer positions in relation to the powers, duties and functions under sections 236 [corporate administration] and 237 [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

235  One of the officer positions established under section 234 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

236  One of the officer positions established under section 234 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

237  One of the officer positions established under section 234 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.

Oath of office for officers

238  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.

Chair to direct and inspect officers and employees

239  (1) The chair must inspect and direct the conduct of officers and employees of the regional district.

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

Suspension of officers and employees

240  (1) The chair must suspend an officer or employee if the chair considers this necessary.

(2) A suspension under subsection (1) must be reported to the board at its next meeting, 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.

Termination of officer

241  (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 be made only by the affirmative vote of at least 2/3 of all directors.

Prohibition against interfering with regional district officials

242  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.

Division 9 — Local Community Commissions

Establishment of local community commissions

243  (1) A board may, by bylaw, establish in an electoral area one or more local communities to be administered by local community commissions.

(2) A bylaw establishing a local community must do the following:

(a) name the local community;

(b) establish the boundaries of the local community;

(c) establish the time and manner of holding annual general meetings of the commission;

(d) establish either

(i) that elections for commissioners are to be held every 4 years at the time of the general local election, or

(ii) that elections for commissioners are to be held each year at a time specified in the bylaw.

(3) A bylaw establishing a local community may do one or more of the following:

(a) establish the manner of holding elections for commissioners, if this is to be different from that provided by the application of Part 3 [Electors and Elections];

(b) provide that the number of elected commissioners is to be 6;

(c) set terms, conditions and restrictions on activities of the commission.

(4) Except as provided by bylaw under subsection (3) (a), Part 3 applies to the election of commissioners.

(5) A bylaw under subsection (3) (a) must be adopted at least 8 weeks before the general voting day for the election to which it first applies.

Requirement for assent of electors and inspector approval

244  (1) A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw, has no effect unless it receives the assent of the electors in the area of the local community and is approved by the inspector.

(2) As an exception to subsection (1), the minister may waive the requirement for assent of the electors to a bylaw that amends or repeals a bylaw establishing a local community.

(3) For the purposes of obtaining the assent of the electors as required by this section, Part 4 [Assent Voting] applies and the voting area is to be the proposed local community or the local community, as applicable.

Commission membership

245  (1) The commission for a local community consists of

(a) as applicable,

(i) 4 elected commissioners unless a bylaw under section 243 (3) (b) [increase in number of commissioners] applies, or

(ii) 6 elected commissioners if such a bylaw does apply, and

(b) the director for the electoral area in which the local community is located.

(2) A commissioner must have the qualifications to hold office as a director.

(3) The term of office for elected commissioners is, as applicable,

(a) if the bylaw establishing the local community specifies that elections are to be held every 4 years, 4 years or until their successors are elected, whichever is later, or

(b) if the bylaw establishing the local community specifies that elections are to be held each year, one year or until their successors are elected, whichever is later.

(4) At each annual general meeting, the commissioners must elect a chair and a vice chair.

Division 10 — Other Matters

Giving notice to regional districts

246  If an enactment requires or permits

(a) notice to be given to a board or a regional district,

(b) a document to be served on a board or a regional district,

(c) a document to be filed with a board or a regional district, or

(d) a document to be delivered, sent, submitted or otherwise provided to a board or a regional district,

the notice, service, filing or other provision is effected if the notice or document is, as applicable, given to, served on, filed with or otherwise provided to the regional district corporate officer.

Notice by regional district: obligation satisfied if reasonable effort made

247  If this or another Act requires a regional district, a board or a regional district officer or employee to give notice or to mail, send or deliver a notice, the obligation is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Regional district records: application of Community Charter

248  The following provisions of the Community Charter apply to regional districts:

(a) section 162 [certified copies of municipal records];

(b) section 163 [evidence of municipal bylaws and other records].

Regulations to provide exemptions from Provincial approval requirements

249  (1) In this section:

"approval requirement" means a provision in or under this or any other Act that has the effect of requiring approval or consent of the Lieutenant Governor in Council, a minister, the inspector or another official before a regional district bylaw or other action is adopted, is taken or is effective;

"responsible authority" means

(a) in relation to approval or consent of the Lieutenant Governor in Council, the Lieutenant Governor in Council,

(b) in relation to approval or consent of a minister, that minister,

(c) in relation to approval or consent of the inspector, the minister responsible for the administration of this Act, and

(d) in relation to approval or consent of another official, the minister responsible for the administration of the provision establishing the approval requirement.

(2) Despite this or any other Act, the responsible authority may, by regulation, provide exemptions from an approval requirement.

(3) A regulation under this section may provide that an exemption is or may be made subject to the terms and conditions specified by the minister responsible or by a person designated by name or title in the regulation.

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