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This Act is current to November 1, 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 7 — Regional Districts: Treaty First Nation Membership and Services

Treaty first nation membership in regional district

250  (1) If a final agreement provides for the membership of the treaty first nation in a regional district,

(a) this Act, as modified by this Part, applies to the treaty first nation as a member as if the treaty first nation were a municipality in the regional district, and

(b) the treaty first nation director has the same functions, powers, duties and obligations, as modified by this Part, as a municipal director.

(2) For certainty, to the extent that the Community Charter applies to a regional district of which a treaty first nation is a member or to a director as a member of the board, the Community Charter applies to the treaty first nation as a member of the regional district and to the treaty first nation director as a member of the board.

Interpretation rules for applying this Act and the Community Charter in relation to treaty first nation membership

251  (1) The following apply for the purpose of applying the provisions of this Act or the regulations under this Act in relation to the participation of a treaty first nation as a member of a regional district:

(a) a reference to "municipality" within the meaning of paragraph (a) of its definition in the Schedule to the Community Charter must be read as a reference to the treaty first nation;

(b) a reference to "municipality" within the meaning of paragraph (b) of its definition in the Schedule to the Community Charter must be read

(i) as a reference to the treaty lands of the treaty first nation, and

(ii) if the reference is in relation to a regional district, as a reference to the portion of those treaty lands that are within the boundaries of the regional district;

(c) a reference to "council" must be read as a reference to the governing body of the treaty first nation;

(d) a reference to "municipal director" must be read as a reference to the treaty first nation director of the treaty first nation;

(e) a reference to "municipal participating area" must be read as a reference to a treaty first nation participating area of the treaty first nation;

(f) a reference to "mayor" must be read as a reference to the head of the treaty first nation;

(g) a reference to a bylaw of a municipality must be read as a reference to a law of the treaty first nation;

(h) a reference to "official community plan" must be read as a reference to the land use plan that has the same or similar purposes in relation to the treaty first nation's treaty lands as an official community plan has in relation to a municipality;

(i) the references to "municipal corporate officer" in sections 197 (3) [notice respecting assignment of votes] and 200 (5) [notice of alternate director] must be read as references to the officer or employee designated by the treaty first nation for the purposes of giving notice to the regional district corporate officer under those sections.

(2) For the purpose of applying the provisions of this Act or the regulations under this Act in relation to the participation of a treaty first nation as a member of a regional district, references to "local government" do not include treaty first nations except in the following:

(a) the following provisions of Part 3 [Electors and Elections]:

(i) section 57 [costs of elections];

(ii) section 58 [appointment of election officials];

(iii) section 81 (2) (b) [persons disqualified from holding office];

(iv) section 112 [use of voting machines];

(v) Division 10 [Voting Opportunities];

(vi) Division 12 [Conduct of Voting Proceedings];

(vii) Division 15 [Judicial Recount];

(viii) Division 17 [Final Proceedings];

(b) the following provisions of Part 4 [Assent Voting]:

(i) Division 2 [Proceedings for Assent Voting];

(ii) Division 3 [Scrutineers];

(c) Division 6 [Dispute Resolution in Relation to Services] of Part 10 [Regional Districts: Service Structure and Establishing Bylaws].

(3) Except as provided in section 256 (2) [treaty first nation electors: participating area approval], for the purpose of applying provisions of the Community Charter to a regional district of which a treaty first nation is a member, a reference to "elector" in relation to the treaty first nation and its treaty lands must be read as a reference to individuals who would be qualified to register as a resident elector or non-resident property elector of the treaty lands of that treaty first nation if the treaty lands were a municipality.

Regional district letters patent and treaty lands

252  (1) If the final agreement of a treaty first nation provides for membership of the treaty first nation in a regional district on a specified date, the Lieutenant Governor in Council may issue letters patent to

(a) include in the regional district the treaty first nation and all or the portion of the treaty lands that, before the effective date of the final agreement, were within the boundaries of the regional district, and

(b) subject to this Act, do everything necessary to enable that membership in accordance with the final agreement,

effective on the specified date.

(2) If on a specified date referred to in subsection (1) the letters patent for the applicable regional district have not been amended or reissued, the letters patent are deemed amended to include the treaty lands described in subsection (1) (a).

(3) If the final agreement of a treaty first nation contemplates membership of a treaty first nation in a regional district but does not specify when the membership begins, the Lieutenant Governor in Council, on the request of the treaty first nation and after consulting with the affected regional district, may issue letters patent to

(a) include in the regional district the treaty first nation and all or the portion of the treaty lands of the treaty first nation, as contemplated by the final agreement, and

(b) subject to this Act, do everything necessary to enable that membership in a manner consistent with the final agreement.

(4) If

(a) the final agreement of a treaty first nation provides that the treaty lands of the treaty first nation do not form part of any regional district or electoral area, and

(b) the boundaries of a regional district include those treaty lands,

the Lieutenant Governor in Council, by letters patent, may amend the boundaries of the regional district to exclude those treaty lands.

(5) If, on the effective date of a final agreement described in subsection (4) (a), letters patent of an affected regional district have not been issued under subsection (4) to exclude the treaty lands, the letters patent of the regional district are deemed amended to exclude those treaty lands.

Treaty first nation directors

253  (1) If a treaty first nation is a member of a regional district, the board of the regional district consists of municipal directors, treaty first nation directors and electoral area directors.

(2) For certainty, sections 196 [board membership] and 197 [weighted votes for municipalities and electoral areas] apply for the purpose of determining the number of directors and votes to which a treaty first nation is entitled.

(3) A treaty first nation must appoint a director to a board from among the elected members of its governing body.

(4) To be eligible for appointment under subsection (3), the person must be qualified to hold office as a member of a local government in accordance with section 81 [who may hold office].

(5) Section 82 (2) (a) and (3) (b) [disqualification of local government employees] does not apply in relation to a person referred to in subsection (3) of this section.

Term of office of treaty first nation director

254  (1) Section 198 (2) [appointment and term of office of municipal directors] does not apply in relation to a treaty first nation director.

(2) The term of office of a treaty first nation 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 occurs:

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

(ii) the director ceases to be an elected member of the governing body of the treaty first nation before the end of the director's term of office as a member of that body;

(iii) the director ceases to be qualified to hold office under section 81 [who may hold office];

(iv) the director's term of office as a member of the governing body of the treaty first nation ends.

Alternate treaty first nation director

255  (1) Section 200 (1) [alternate municipal directors] does not apply in relation to a treaty first nation.

(2) A treaty first nation may appoint as an alternate director an elected member of its governing body who is qualified to hold office as a member of a local government in accordance with section 81 [who may hold office].

(3) Section 82 (2) (a) and (3) (b) [disqualification of local government employees] does not apply in relation to the elected member appointed under subsection (2) of this section.

Treaty first nation electors for regional district services

256  (1) For the purposes of the application of Part 4 [Assent Voting] in relation to the membership of a treaty first nation in a regional district,

(a) section 172 [who may vote at assent voting] does not apply, and

(b) individuals may vote if they

(i) are qualified to do so under a law of the treaty first nation enacted for the purposes of this section, and

(ii) register in accordance with that law.

(2) For the purpose of obtaining participating area approval by alternative approval process within treaty lands, individuals may submit a response as an elector under section 86 of the Community Charter if they are qualified to vote under the law referred to in subsection (1) (b) of this section.

Tax base, requisition and collection of funds for treaty lands

257  (1) This section applies only in relation to the treaty lands of treaty first nations that are not taxing treaty first nations.

(2) Except as provided in this section, Division 3 [Requisition and Tax Collection] of Part 11 [Regional Districts: Financial Management] does not apply in relation to the requisition and collection of taxes in treaty lands.

(3) Section 384 (1), (5) and (6) [tax base for property value taxes] applies in relation to a treaty first nation participating area as if the treaty first nation participating area were an electoral participating area.

(4) On or before April 10 in each year, the designated regional district officer must send to the minister charged with the administration of the Taxation (Rural Area) Act a requisition in respect of each service stating the amount required during the year in respect of each treaty first nation participating area.

(5) The amounts requisitioned under subsection (4) may be paid by the minister charged with the administration of the Financial Administration Act from the consolidated revenue fund.

(6) If a requisition is delivered under subsection (4), the amount requisitioned must be collected by the government as follows:

(a) in the case of an amount that is to be recovered by means of a property value tax, by imposing the tax within the treaty first nation participating areas in accordance with the Taxation (Rural Area) Act, using the applicable tax base authorized under section 384 [tax base for property value taxes] of this Act as it applies under subsection (3) of this section;

(b) in the case of an amount that is to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the treaty first nation participating areas, on the basis of the parcel tax roll under subsection (7).

(7) If a parcel tax is to be imposed under this section,

(a) the board must, by bylaw, provide for the preparation of a parcel tax roll for the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 of the Community Charter applies,

(b) the authenticated parcel tax roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and

(c) the authenticated parcel tax roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.

(8) An amount to be recovered under subsection (6) must be imposed by the government as if it were a tax, and the Taxation (Rural Area) Act and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalties and interest on unpaid taxes apply to taxes imposed under this section.

(9) For the purpose of applying section 382 [property under creditor may be excluded from apportionment] in relation to property taxation within treaty lands, in order to be effective for the requisition in the current year, the board must make an exclusion referred to in section 382 (2) before the requisition for that year in respect of the eligible service is sent to the minister under subsection (4) of this section.

(10) Section 399 (2) (b) [special fees and charges to be collected as taxes — notice to Surveyor of Taxes] does not apply in relation to a treaty first nation, but a statement referred to in that section must be sent to the Surveyor of Taxes in respect of any amount referred to in section 399 (1) in relation to the treaty lands of the treaty first nation.

(11) Section 399 (4) [recovery by way of tax sale] does not apply in relation to treaty lands.

Tax base, requisition and collection of funds for treaty lands of taxing treaty first nations

258  (1) Section 384 (1) and (4) [tax base for property value taxes] does not apply in relation to property taxes within the treaty lands of a taxing treaty first nation.

(2) If a requisition is delivered to a taxing treaty first nation under section 385 [requisition of funds from municipalities] of this Act, except as provided in subsection (4) of this section, the amount requisitioned must be collected by the taxing treaty first nation as follows:

(a) in the case of an amount that under a bylaw must be recovered by means of a property value tax, by imposing the tax in accordance with Division 3 [Property Value Taxes] of Part 7 of the Community Charter, as that Part applies in relation to a tax referred to in section 197 (1) (b) of that Act, using the applicable tax base authorized under section 384 (2) of this Act;

(b) in the case of an amount that under a bylaw must be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the treaty first nation participating areas of the taxing treaty first nation in accordance with Division 4 [Parcel Taxes] of Part 7 of the Community Charter;

(c) in the case of an amount to which neither paragraph (a) nor (b) of this subsection applies or an amount for a service for which no establishing bylaw is required, if the taxing treaty first nation imposes a property tax within its treaty lands specifically for the purpose of raising the amount of a requisition, by imposing a property value tax on the basis of the net taxable value of land and improvements in the treaty first nation participating areas as if the tax were a tax referred to in section 197 (1) (b) of the Community Charter.

(3) In the circumstances described in subsection (2) (a) or (c), the taxing treaty first nation must set out separately on a tax notice given to the owner

(a) the amount of the taxes imposed, and

(b) the rate at which the taxes are imposed

in relation to the specific requisition.

(4) If a requisition is received by a taxing treaty first nation under section 385 and subsection (2) of this section does not apply, the taxing treaty first nation need only comply with section 385 (2).

(5) Section 399 (2) to (5) [special fees and charges to be collected as taxes] does not apply in relation to fees, charges and other amounts described in section 399 (1) that are payable in relation to treaty lands.

(6) If fees, charges and other amounts described in section 399 (1) are owed by a person in relation to the treaty lands of a taxing treaty first nation and not paid on or before December 31 in the year in which they are incurred, the regional district financial officer must send an invoice to the treaty first nation on or before April 10 in the next taxation year and section 385 (2) applies as if the invoice were a requisition for the current year.

Treaty first nations and regional district financing

259  (1) Despite section 412 (1) [general liability provisions],

(a) section 410 [financing municipal undertakings] does not apply in relation to treaty first nations,

(b) a treaty first nation director may not vote on a bylaw referred to in section 410 (2), and

(c) for certainty, a treaty first nation is not liable for regional district borrowing under section 410.

(2) Section 412 (2) [municipal default on debt] does not apply in relation to a default of a treaty first nation.

Services to treaty first nation members

260  (1) This section applies if the final agreement of a treaty first nation provides that, on becoming a member of a regional district, the treaty first nation will participate in specified regional district services.

(2) If a specified service is provided under letters patent, those letters patent are deemed amended to include the treaty first nation as participating in that service and the treaty lands of that treaty first nation as a participating area of that service.

(3) If a specified service is provided under a bylaw, that bylaw is deemed amended to include the treaty first nation as participating in that service and the treaty lands of that treaty first nation as a participating area of that service.

Services to treaty lands outside regional district

261  (1) Section 333 (1) (a) and (4) (a) [consent required for services outside regional district] does not apply to the establishment and operation of a service in the treaty lands of a treaty first nation that are outside a regional district if the treaty first nation is a member of the regional district.

(2) If a service is provided both inside and outside the regional district to the treaty lands of a treaty first nation that is a member of the regional district, the treaty lands receiving the service must be treated as one participating area.

Non-member treaty first nation participation in regional district elections

262  (1) This section applies to a treaty first nation only if the treaty first nation's final agreement provides that residents of the treaty lands of the treaty first nation may vote in elections for electoral area directors.

(2) If a treaty first nation is not a member of any regional district, individuals who

(a) would have been qualified to vote in elections for an electoral area director prior to the effective date of the treaty first nation's final agreement, and

(b) after that date, would not be qualified to vote in those elections but for the provision of the final agreement referred to in subsection (1)

may continue to vote in electoral area director elections unless an order under subsection (3) provides otherwise.

(3) On the recommendation of the minister after consultation with the affected local government and the treaty first nation, the Lieutenant Governor in Council may specify, by order, for the purposes of voting in electoral area director elections, in which electoral area individuals may vote who would not qualify to vote in those elections but for the provision of the final agreement referred to in subsection (1).

(4) For the purposes of voting in elections referred to in this section,

(a) treaty lands are deemed to be within the applicable electoral area, and

(b) individuals referred to in subsection (2) or in an order under subsection (3) must be qualified to register as a resident elector or non-resident property elector of that applicable electoral area.

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