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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 9 — Regional Districts: Specific Service Powers

Division 1 — Building Regulation

Authority requires regional district service

297  (1) This Division applies to a regional district only if the regional district provides a service in relation to building inspection.

(2) As a further restriction, section 9 [spheres of concurrent authority] of the Community Charter applies in relation to a regional district bylaw under this Part respecting matters referred to in subsection (1) (d) [building regulation] of that section.

Building regulation bylaws

298  (1) Subject to the Public Health Act, the Drinking Water Protection Act, the Fire Services Act and the regulations under those Acts, the board may, for the purposes described in subsection (2), by bylaw, do one or more of the following:

(a) regulate the construction, alteration, repair or demolition of buildings and other structures;

(b) regulate the installation, alteration or repair of plumbing including septic tanks and sewer connections, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind;

(c) require contractors, owners or other persons to obtain and hold a valid permit from the board, or the authorized official, before starting and during the construction, installation, repair or alteration of gas or oil pipes and fittings, plumbing, heating, sewers, septic tanks, drains, electrical wiring, oil burners, tanks, pumps and similar works and buildings and other structures of the kind, description or value described in the bylaw;

(d) require that, before occupancy of a building or part of it after construction, wrecking or alteration, or a change in class of occupancy of a building or part of it, an occupancy permit be obtained from the board or the authorized official;

(e) establish conditions generally governing the issue and validity of permits and the inspection of works, buildings and other structures;

(f) establish areas to be known as fire limits and, for those areas,

(i) regulate the construction of buildings in respect of precautions against fire, and

(ii) discriminate and differentiate between areas in the character of the buildings permitted;

(g) regulate the seating arrangements and capacity of churches, theatres, halls and other places of public resort or amusement;

(h) regulate or prohibit the moving of a building from one property to another in the regional district;

(i) require the fencing of private swimming pools or other pools, existing or prospective, according to specifications set out in the bylaw;

(j) regulate the construction and layout of trailer courts, manufactured home parks and camping grounds and require that those courts, parks and grounds provide facilities specified in the bylaw;

(k) provide that a trailer or manufactured home must not be occupied as a residence or an office unless its construction and facilities meet the standards specified in the bylaw;

(l) require the installation of smoke alarms in existing buildings and other structures and, in relation to this, establish standards and specifications for required smoke alarms and their installation, to the extent that the requirements of the bylaw do not exceed those established by the Provincial building regulations;

(m) require the maintenance of smoke alarms installed as required by the Provincial building regulations or by bylaw under paragraph (l) and, in relation to this, establish standards for their maintenance;

(n) require the maintenance of "rental units" and "residential property", as those terms are defined in the Residential Tenancy Act, that are subject to a "tenancy agreement", as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations;

(o) require the maintenance of "manufactured homes", "manufactured home sites" and "manufactured home parks", as those terms are defined in the Manufactured Home Park Tenancy Act, that are subject to a "tenancy agreement", as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations.

(2) A board may exercise the powers conferred by subsection (1) for the following purposes:

(a) the provision of access to a building or other structure, or to part of a building or other structure, for a person with disabilities;

(b) the conservation of energy or water;

(c) the reduction of greenhouse gas emissions;

(d) the health, safety or protection of persons or property.

(3) If requested by an applicant, the building inspector must give written reasons for his or her refusal to issue a building permit required under this section.

(4) An occupancy permit required under subsection (1) (d) may be withheld until the building or part of it complies with the following:

(a) the Provincial building regulations;

(b) bylaws under this section;

(c) any other health and safety requirements established by bylaw;

(d) any other federal or Provincial enactment in relation to health or safety.

Regional district may adopt national codes

299  (1) To the extent not inconsistent with this Act, either in place of or supplementary to regulating provisions made under another section of this Division, the board may, by bylaw, adopt one or more of the following:

(a) subject to the Safety Standards Act, all or part of the Canadian Electrical Code;

(b) subject to the Safety Standards Act, all or part of the standards of the Canadian Gas Association;

(c) subject to the Fire Services Act, all or part of the National Fire Code of Canada.

(2) A code, standard or part referred to in subsection (1) may be adopted by reference to a particular date of issue or a specified issue of the code or standard.

Requirement for security

300  (1) This section applies if, under section 335 (3) [licensing, permit and approval authority], the board or an official authorized by the board requires a person to provide security as a condition of

(a) issuing a permit under section 298 [building regulation bylaws], or

(b) authorizing the moving of a building under section 298.

(2) The person who is subject to the requirement may, at that person's option, provide the security by

(a) a cash deposit,

(b) an irrevocable letter of credit, or

(c) another form of security satisfactory to the board or the person who imposed the requirement for security.

(3) Interest on the security becomes part of the security.

(4) The security may be used by the regional district only to repair or replace

(a) a highway, including sidewalks and boulevards,

(b) a public work, or

(c) other regional district property

that has been altered or damaged by an activity related to the subject matter of the permit or authorization.

(5) Any amount of the security that is not required for a purpose referred to in subsection (4) must be returned to the person who provided it.

Regulating doors and emergency exits in public buildings

301  (1) In this section, "public building" means a church, theatre, hall or other place of public resort or amusement.

(2) Subject to the Fire Services Act and the regulations under that Act, the board may, by bylaw, require the provision of and regulate the location, number, style and size of doors and emergency exits in public buildings, and the posting in them of notices of the emergency exits.

(3) A bylaw under subsection (2) must provide that

(a) all doors in public buildings must be hinged so that they may open freely outwards, and

(b) all gates or outer fences, if not hinged as referred to in paragraph (a), must be kept open by proper fastenings during the time the buildings are publicly used to facilitate the exit of people in case of alarm from fire or other cause.

(4) Congregations having corporate powers, trustees holding churches or buildings used for churches, and incumbents and church wardens holding or using churches or buildings used for churches, are severally liable for the acts and omissions of any society or congregation on the matters referred to in subsections (2) and (3).

(5) A person owning or possessing a public building who contravenes this section or a bylaw adopted under it is liable on conviction to a penalty not greater than $50.

(6) A person is liable on conviction to a further penalty of $5 for every further week during which the violation continues.

(7) A penalty under subsection (5) or (6) is a charge on the real property of the person convicted, and may be imposed, collected and recovered in the manner provided for taxes.

Building regulation: application of Community Charter

302  The following provisions of the Community Charter apply to the regional district:

(a) section 55 [requirement for professional certification];

(b) section 56 [requirement for geotechnical report];

(c) section 57 [note against land title that building regulations contravened];

(d) section 58 [cancellation of note against land title].

Division 2 — Fire, Health and Hazard Protection

Special fire protection powers

303  (1) Subject to the Fire Services Act and the regulations under that Act, a board may, by bylaw, do one or more of the following:

(a) authorize the fire chief to

(i) enter on property and inspect premises for conditions that may cause a fire, increase the danger of a fire or increase the danger to persons or property from a fire,

(ii) take the measures described in the bylaw to prevent and suppress fires, including the demolition of buildings and other structures to prevent the spreading of fire, and

(iii) exercise some or all of the powers of the fire commissioner under section 25 of the Fire Services Act, and for these purposes that section applies;

(b) require the owners or occupiers of real property to remove from a building or yard anything that, in the opinion of the fire chief, is a fire hazard or increases the danger of fire;

(c) if property is endangered by debris caused by a lumbering, land clearing or industrial operation, require the person who is carrying on or who has carried on the operation, or the owner or occupier of the land on which the debris exists, to

(i) dispose of the debris, and

(ii) undertake any other actions for the purpose of removing or reducing the danger

as directed by the bylaw or by the fire chief;

(d) deal with any matter within the scope of the Fire Services Act in a manner not contrary to that Act or the regulations under it.

(2) The authority of the fire chief under a bylaw under subsection (1) may be exercised by a person under the authority of the fire chief or by another person designated in the bylaw.

Health protection authority

304  (1) Subject to the Public Health Act, a board may, by bylaw,

(a) regulate and prohibit for the purposes of maintaining, promoting or preserving public health or maintaining sanitary conditions, and

(b) undertake any other measures it considers necessary for those purposes.

(2) Section 9 [spheres of concurrent authority] of the Community Charter applies to a bylaw under subsection (1).

(3) As a further limit on subsection (1), a board must not fluoridate the water supply unless the bylaw has received the assent of the electors.

Remedial authority in relation to hazardous conditions

305  (1) Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter applies to regional districts in relation to matters referred to in section 73 (1) (a) and (b) [structures, excavations and similar matters or things that are unsafe or contravene building bylaws] of that Act.

(2) In relation to section 73 (2) (b) [matter contravening Provincial building regulations or bylaws] of the Community Charter as it applies under subsection (1) of this section, the reference to a bylaw is to be read as a bylaw under Division 1 [Building Regulation] of this Part.

(3) In relation to

(a) section 77 (3) (b) [remedial action after date specified for compliance], and

(b) section 80 (4) and (5) [recovery of municipal costs through sale of property — distribution of proceeds]

of the Community Charter as they apply under subsection (1) of this section, a reference to section 17 [municipal action at defaulter's expense] of that Act is to be read as a reference to section 418 [regional district action at defaulter's expense] of this Act.

Division 3 — Drainage, Sewerage and Related Matters

Special drainage and sewerage authority

306  A board may, by bylaw,

(a) regulate and prohibit the design and installation of drainage and sewerage works provided by persons other than the regional district, and

(b) require owners of real property to connect their buildings and structures to the appropriate sewer or drain connections in the manner specified in the bylaw.

Watercourse may be included in drainage system

307  A board may, by bylaw, make a watercourse part of the regional district drainage system, whether the watercourse is on private land, on regional district land or on a highway.

Works for controlling drainage

308  (1) This section applies if a board

(a) considers that

(i) the drainage of surface water from outside the regional district into or through an area inside the regional district should be prevented, diverted or improved, or

(ii) drainage of or from an area in the regional district should be prevented, continued beyond the regional district, diverted or improved, and

(b) proposes to undertake works for these purposes.

(2) Before undertaking the proposed works, notice must be

(a) given to any other local government whose area may be affected, and

(b) served on all owners of land that may be affected.

(3) The notice under subsection (2) must state

(a) the place in the regional district where details of the project may be inspected, and

(b) the date by which objections to the project must be received by the regional district.

(4) The date under subsection (3) (b) must be at least one month after the date on which the notice is given under subsection (2).

(5) On application, the Supreme Court may order that the notice under subsection (2) (b) may be served by substituted service in accordance with the order.

(6) The designated regional district officer must make a full report to the inspector on all objections received.

(7) On the application of a board, the minister may authorize works proposed under this section on the terms of compensation and cost to owners of land affected that the minister considers proper.

Remedial authority in relation to drainage and dikes

309  Division 12 [Remedial Action Requirements] of Part 3 [Additional Powers and Limits on Powers] of the Community Charter applies to regional districts in relation to matters referred to in section 75 [harm to drainage or dike] of that Act.

Highway construction and dikes

310  (1) If a dike is crossed by a highway or private road, the level of the dike must not be interfered with.

(2) If the top of a dike forms a portion of a highway, it is the duty of the board

(a) to maintain the dike at a constant level, and

(b) to repair all injury directly or indirectly caused to the dike by its use as a highway.

(3) For certainty, a board's duty under subsection (2) is limited to the highway as a highway and, except as otherwise required, does not extend to or include repair or maintenance of the dike as distinct from the highway.

(4) As an exception, subsection (2) does not apply if the board has granted a diking commission the privilege of using the existing road for a dike.

Watercourse agreements between neighbouring jurisdictions

311  A board may make agreements with adjoining municipalities or regional districts, and also with the owner of any land, through, on or in which runs a natural stream or water-course, for one or more of the following:

(a) constructing, enlarging or maintaining a culvert, ditch, flume, embankment or other work;

(b) removing obstructions from the stream or watercourse to lessen or prevent the danger of flooding from it;

(c) the granting, expending or accepting of money for the purposes referred to in paragraphs (a) and (b), even though the work may not be located in the municipality or regional district granting, expending or accepting the money or entering into the agreement.

Requirements respecting drainage works

312  (1) In this section and section 313, "stream" has the same meaning as in section 1 (1) of the Water Sustainability Act.

(2) A board may, by bylaw,

(a) establish requirements that must be met by owners of dikes, and

(b) establish requirements that must be met by persons undertaking the construction of

(i) dikes,

(ii) works to maintain the proper flow of water in a stream, ditch, drain or sewer in the regional district, or

(iii) works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream or from any other cause.

Appropriation of stream channel or bed

313  (1) For the purpose of constructing works referred to in subsection (2), a board may appropriate the land that constitutes the channel or bed of a stream that passes through the regional district, without compensation to the owner.

(2) The power under subsection (1) may be exercised in relation to one or more of the following:

(a) dikes;

(b) works to maintain the proper flow of water in a stream, ditch, drain or sewer in the regional district;

(c) works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream or from any other cause;

(d) works to protect all or part of the banks of the stream from erosion or damage;

(e) works to make a watercourse part of the regional district drainage system, whether the watercourse is on a highway, regional district land or private land;

(f) works through, under or over land adjoining a highway to protect the highway from damage by water.

(3) Before exercising the power under subsection (1), the board must, by bylaw, define the channel or bed of the stream.

(4) A certified copy of every bylaw under subsection (3), together with a plan showing the channel or bed of the stream as defined in the bylaw, must be filed in the land title office of the district in which the land affected is located.

Authority subject to Water Sustainability Act

314  (1) The authority of a regional district under the following provisions is subject to the applicable provisions of the Water Sustainability Act:

(a) section 307 [watercourse may be included in drainage system];

(b) section 308 [works for controlling drainage];

(c) section 311 [watercourse agreements];

(d) section 312 [requirements respecting drainage works];

(e) section 313 [appropriation of stream channel or bed].

(2) In addition, the following authorities of a regional district are subject to the applicable provisions of the Water Sustainability Act:

(a) the authority to acquire, manage, extend and remove

(i) works to maintain the proper flow of water in a stream as defined in the Water Sustainability Act, ditch, drain or sewer in the regional district,

(ii) dikes, or

(iii) works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream as defined in the Water Sustainability Act, or any other cause;

(b) the authority to regulate a wharf, dock, warehouse or slip owned, held or managed by the regional district.

Division 4 — Waste Management

Management of solid waste and recyclable material

315  (1) A board may, by bylaw, establish the service of the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters.

(2) If a board adopts a bylaw under subsection (1), the board has and must exercise its authority in accordance with the Environmental Management Act and regulations under that Act.

(3) For the purposes of this section, "municipal solid waste" and "recyclable material" have the same meaning as in the Environmental Management Act.

Authority in relation to waste disposal and recycling

316  A board may, by bylaw, do one or more of the following:

(a) require persons to use a waste disposal or recycling service, including requiring persons to use a waste disposal or recycling service provided by or on behalf of the regional district;

(b) require owners or occupiers of real property to remove trade waste, garbage, rubbish and other matter from their property and take it to a specified place;

(c) require the emptying, cleansing and disinfecting of private drains, cesspools, septic tanks and outhouses, and the removal and disposal of refuse from them.

Division 5 — Regulation of Animals

Authority requires animal control service

317  Subject to section 322 [peace officer authority in relation to dangerous dogs], this Division applies to a regional district only if the regional district provides a service in relation to animal control.

General animal control powers

318  (1) Subject to subsection (2), the board may, by bylaw, do one or more of the following:

(a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine, rabbits or other animals and define areas in which they may be kept or may not be kept;

(b) require that the owner, possessor or harbourer of a dog, or any class of dog, must keep it, as the bylaw directs,

(i) effectively muzzled while at large or on a highway or public place, or

(ii) on leash or under control of a competent person while on a highway or public place.

(2) For the purpose of subsection (1), "other animals" does not include any animal that the board did not have authority to regulate in respect of, or prohibit the keeping of, under section 703 of the Local Government Act, R.S.B.C. 1996, c. 323, as it read immediately before its repeal and replacement by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003.

Dog licensing requirements

319  (1) Without limiting section 318 (1), a bylaw under that provision may regulate the keeping of dogs by requiring persons who own, possess or harbour a dog to hold a licence for the dog.

(2) A bylaw referred to in subsection (1) may

(a) require a separate dog licence for each dog, and

(b) vary the amount of the fee according to the sex, age, size or breed of the dog.

(3) A dog licence issued under this section is for the calendar year in which the licence is issued.

(4) If a fee is imposed for a dog licence, the board may, by bylaw,

(a) provide for the payment of compensation, on a scale set out in the bylaw, to the owner of any domestic animal that is killed or injured by a dog over the age of 4 months, the owner of which is unknown and, after diligent inquiry, cannot be found, and

(b) provide for the maximum total amount that is available in any one year for the purposes of compensation under this subsection.

Animal pounds

320  The board may, by bylaw, do one or more of the following:

(a) provide for the seizure, impounding and detention of

(i) unlicensed dogs, and

(ii) animals referred to in section 318 (1) (a) [general animal control powers] that are unlawfully at large;

(b) establish, maintain and operate facilities as pounds;

(c) regulate and establish the fines and fees, including damages for trespassing on private property, to be levied and collected by pound keepers;

(d) provide for the sale or destruction of animals impounded if the fines, fees and other charges are not paid within a reasonable time.

Dangerous dogs

321  The board may designate a person as an animal control officer as defined in section 49 [special powers in relation to dangerous dogs] of the Community Charter, and, if the board does so, that section applies to the regional district.

Peace officer authority in relation to dangerous dogs

322  Whether or not this Division applies to a regional district under section 317 [authority requires animal control service], a peace officer may exercise authority under section 49 of the Community Charter within the boundaries of the regional district.

Division 6 — Noise, Nuisances and Disturbances

Authority requires regional district service

323  This Division applies to a regional district only if it provides a service in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances.

Noise control

324  (1) The board may, by bylaw, do one or more of the following:

(a) regulate or prohibit the making or causing of noises or sounds in or on a highway or elsewhere in the regional district

(i) that disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity, or

(ii) that the board considers are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

(b) prevent or prohibit persons from shouting, using megaphones and making other noise in, at or on streets, wharves, docks, piers, steamboat landings, railway stations or other public places;

(c) prevent charivaries and similar disturbances of the peace.

(2) Regulations and prohibitions under subsection (1) (a) may be different for different areas of the regional district.

Nuisances and disturbances

325  The board may, by bylaw, do one or more of the following:

(a) prevent, abate and prohibit nuisances, and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance or other persons described in the bylaw;

(b) prohibit persons from

(i) causing or permitting water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises, or

(ii) depositing or throwing bottles, broken glass or other rubbish in any open place;

(c) for the purpose of preventing unsightliness on real property,

(i) prohibit persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place, and

(ii) prohibit the owners or occupiers of real property from allowing their property to become or remain unsightly;

(d) for the purpose of remedying unsightliness on real property, require the owners or occupiers of real property, or their agents, to remove from it unsightly accumulations of filth, discarded materials, rubbish or graffiti;

(e) require the owners or occupiers of real property, or their agents, to clear the property of brush, trees, noxious weeds or other growths;

(f) require the owners or occupiers of real property, or their agents, to prevent infestation by caterpillars and other noxious or destructive insects and to clear the property of such insects;

(g) in relation to the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia,

(i) require the owners or occupiers of real property, or their agents, to eliminate or reduce the fouling or contaminating of the atmosphere through those emissions,

(ii) establish measures and precautions to be taken for the purpose of subparagraph (i), and

(iii) establish limits not to be exceeded for those emissions;

(h) require manufacturers and processors to dispose of the waste from their plants in the manner directed by the bylaw.

Fireworks restrictions

326  Subject to the Fireworks Act, the board may, by bylaw, regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every nature or kind.

Division 7 — Other Specific Service Powers

Removal and deposit of sand, gravel and other soil

327  (1) This section applies to a regional district only if the regional district provides a service in relation to the control of the deposit and removal of soil and the control of the deposit of other materials.

(2) The board may, by bylaw, regulate or prohibit

(a) the removal of soil from, and

(b) the deposit of soil or other material on

any land in the regional district or in any area of the regional district.

(3) A bylaw under subsection (2) may make different regulations and prohibitions for different areas.

(4) Section 9 [spheres of concurrent authority] of the Community Charter applies to a provision in a bylaw under subsection (2) that

(a) prohibits the removal of soil, or

(b) prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination.

(5) The board may, by bylaw, do one or more of the following:

(a) require the holding of a permit for

(i) the removal of soil from, or

(ii) the deposit of soil or other material on

any land in the regional district or in any area of the regional district;

(b) impose rates or levels of fees for a permit referred to in paragraph (a);

(c) impose rates or levels of fees for the activities referred to in paragraph (a).

(6) Fees under subsection (5) (b) or (c) may vary according to the quantity of soil removed or the quantity of soil or other material deposited, and the rates or levels of fees may be different for different areas of the regional district.

Fire and security alarm systems

328  (1) This section applies to a regional district only if the regional district provides a service in relation to the regulation of fire alarm systems and security alarm systems.

(2) The board may, by bylaw, do one or more of the following:

(a) require permits for the operation of these systems and establish fees for these permits;

(b) establish fees to be paid

(i) by the owner or occupier of real property to which services are provided by or on behalf of the regional district in response to a false alarm of a system, or

(ii) by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(c) provide that a fee under paragraph (b) (i), if unpaid, may be added to and form part of the taxes payable on the real property as taxes in arrear;

(d) exercise powers given by regulation under subsection (4);

(e) establish exemptions from the application of a bylaw under this section.

(3) A fee under subsection (2) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(4) The Lieutenant Governor in Council may, by regulation,

(a) grant additional powers to regional districts and the City of Vancouver to enact bylaws establishing specified prohibitions, restrictions, requirements and conditions regarding

(i) fire alarm systems and security alarm systems, and

(ii) the installation, operation, maintenance and repair of these systems, and

(b) authorize specified variations of the provisions of bylaws under paragraph (a).

(5) As an exception, a bylaw under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed.

House numbering

329  (1) This section applies to a regional district only if the regional district provides a service in relation to the numbering of buildings.

(2) The board may, by bylaw, require owners or occupiers of real property to place building or structure numbers assigned by the regional district in a conspicuous place.

Regulation of signs and advertising

330  (1) Subject to the Transportation Act, a board may, by bylaw, regulate the erection, placing, alteration, maintenance, demolition and removal of a sign, sign board, advertisement, advertising device or structure, or any class of them.

(2) For the purpose of subsection (1), a board may

(a) classify structures, things and the whole or a portion of a highway, and

(b) make different regulations for

(i) different zones established under a zoning bylaw, and

(ii) different classes of highways and portions of them.

Regional district irrigation services

331  Section 638 [municipal irrigation services] applies to regional districts.

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