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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

Schedule — Definitions and Other Interpretation Matters

Definitions

1  In this Act:

"alternative approval process" means, in relation to a regional district, approval of the electors obtained in accordance with section 86 [alternative approval process] of the Community Charter as that section applies under section 270 [approval of the electors] of this Act;

"annual tax sale" means, in relation to a municipality, an annual tax sale under section 645 [annual municipal tax sale];

"approval of the electors" means, in relation to a regional district, approval in accordance with section 269 [approval of the electors];

"approving officer" means an approving officer as defined in the Land Title Act;

"assent of the electors" means, in relation to a regional district, assent of the electors in accordance with section 85 [assent of the electors] of the Community Charter as it applies under section 270 of this Act;

"assent voting" means assent voting under Part 4 [Assent Voting];

"assessment roll" means, in relation to a tax under Part 17 [Improvement Districts], an assessment roll under Division 5 [Taxes and Cost Recovery] of that Part;

"board" means, in relation to a regional district, the board of directors for the regional district;

"board committee" means, in relation to a regional district,

(a) a select committee of the board,

(b) a standing committee of the board, or

(c) any other body established by the board that is composed solely of board members;

"board of education" means a board of education as defined in the School Act;

"building inspector" means, in relation to a regional district, an individual designated by the board as a building inspector for the regional district;

"chair" means,

(a) in relation to a regional district, the chair of the board elected under section 215 [chair and vice chair of board], and

(b) in relation to an improvement district, the chair of the improvement district board elected under section 685 [chair of improvement district board];

"chief election officer" means the election official appointed under section 58 (1) or under letters patent;

"conservation" includes, in relation to heritage, any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;

"corporate officer" means,

(a) in relation to a regional district, the regional district officer assigned responsibility under section 236 [corporate administration],

(b) in relation to an improvement district, the improvement district officer assigned responsibility under section 695 [corporate administration], and

(c) in relation to the City of Vancouver, the City Clerk under section 220 of the Vancouver Charter;

"designated local government officer" means the designated municipal officer or designated regional district officer, as applicable;

"designated regional district officer" means

(a) the regional district officer assigned responsibility under section 234 [officer positions] in relation to the matter, or

(b) if no assignment referred to in paragraph (a) has been made, the regional district corporate officer;

"director" means, in relation to a regional district, a member of the board, whether as

(a) a municipal director under section 198 [municipal directors],

(b) an electoral area director under section 199 [electoral area directors], or

(c) a treaty first nation director under section 253 [treaty first nation directors];

"district municipality" includes a township;

"election official" means a person appointed under section 58 and a chief election officer and deputy chief election officer appointed under letters patent;

"elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area;

"electoral area" means an electoral area in a regional district as specified by the letters patent for the regional district;

"electoral area director" means a director for an electoral area who is elected or appointed under section 199 [electoral area directors] from an electoral area;

"electoral participating area" means an area that is in a service area and that is all or part of an electoral area;

"establishing bylaw" means an establishing bylaw under section 338 [establishing bylaws required for most services] for a regional district service;

"financial officer" means,

(a) in relation to a regional district, the regional district officer assigned responsibility under section 237 [financial administration],

(b) in relation to an improvement district, the improvement district officer assigned responsibility under section 696 [financial administration], and

(c) in relation to the City of Vancouver, the City Treasurer under section 226 of the Vancouver Charter;

"financial plan" means, in relation to a regional district, the current financial plan for the regional district under section 374 [financial plan];

"former Part 24" means the following:

(a) Division 6 [Regional District Incorporation and Related Matters] of Part 2 [Incorporation of Municipalities and Regional Districts];

(b) the following provisions of Part 5 [Regional Districts: Purposes, Principles and Interpretation]:

(i) section 188 [application of municipal provisions to regional districts];

(ii) section 190 [continuation of regional districts];

(iii) section 191 (1) and (2) [continuation of regional parks and trails];

(iv) section 192 [continuation of regulatory authority restrictions in relation to previous bylaws];

(c) the following provisions of Part 6 [Regional Districts: Governance and Procedures]:

(i) section 196 [composition and voting rights];

(ii) section 197 [municipal directors: number of directors and assignment of votes];

(iii) section 198 [appointment and term of office for municipal directors];

(iv) section 199 [election and term of office for electoral area directors];

(v) section 200 [alternate directors: municipalities];

(vi) section 201 [alternate directors: electoral areas];

(vii) section 205 [regional district directors: application of Community Charter];

(viii) Division 3 [Voting and Voting Rights];

(ix) section 215 [chair and vice chair of board];

(x) section 218 [appointment of select and standing committees];

(xi) section 220 [calling of special board meetings];

(xii) section 222 [regulations establishing special rules for dealing with urgent issues];

(xiii) section 225 [procedure bylaws];

(xiv) section 226 [board proceedings: application of Community Charter];

(xv) Division 6 [Bylaw Procedures];

(xvi) Division 9 [Local Community Commissions];

(xvii) section 248 [regional district records: application of Community Charter];

(xviii) section 249 [regulations to provide exemptions from Provincial approval requirements];

(d) Part 7 [Regional Districts: Treaty First Nation Membership and Services];

(e) the following provisions of Part 8 [Regional Districts: General Powers and Responsibilities]:

(i) Division 2 [Public Access to Records];

(ii) Division 3 [Approval of the Electors];

(iii) section 275 [exception for assistance in relation to utilities or mountain resorts];

(iv) Division 8 [Other Powers];

(f) section 315 [management of solid waste and recyclable material];

(g) Part 10 [Regional Districts: Service Structure and Establishing Bylaws];

(h) Part 11 [Regional Districts: Financial Management], other than Division 5 [Fees, Charges and Interest];

(i) the following provisions of Part 12 [Regional Districts: Bylaw Enforcement and Challenge of Bylaws]:

(i) section 423 [enforcement of bylaws in relation to discharge of firearms];

(ii) section 424 [entry warrants: application of Community Charter];

(iii) section 425 (1) [challenge of bylaws and other instruments];

"francophone education authority" means a francophone education authority as defined in the School Act;

"general bylaw" means, in relation to a regional district, a bylaw referred to in section 138 [municipal codes and other general bylaws] of the Community Charter as it applies under section 227 [bylaw procedures: application of Community Charter] of this Act;

"general local election" means the elections referred to in section 52 (1) [elections for council members and electoral area directors];

"general voting day" means,

(a) in relation to an election, the applicable day established under

(i) section 18 (1) (a) [first election for municipality],

(ii) section 52 (2) [general local elections],

(iii) section 54 (5) [by-elections],

(iv) section 55 [minister may arrange for election to be conducted],

(v) section 152 (5) [runoff election if tie vote after a judicial recount], or

(vi) section 167 [ministerial orders in special circumstances], and

(b) in relation to assent voting, the applicable day established under

(i) section 174 [general voting day for assent voting],

(ii) section 179 (5) (b) [special procedures if voting is conducted by more than one local government], or

(iii) section 167 [ministerial orders in special circumstances] as it applies to assent voting;

"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act;

"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;

"heritage property" means property that

(a) has, in the opinion of a body or person authorized to exercise a power under this Act or the Community Charter in relation to the property, sufficient heritage value or heritage character to justify its conservation, or

(b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, scientific or educational worth or usefulness of property or an area;

"improvement district" means an improvement district, including a mountain resort improvement district, incorporated under this or any other Act;

"improvement district board" means the board of trustees for an improvement district under section 683 [improvement district board of trustees];

"land use contract" means a land use contract referred to in section 545 [application to land use contracts under previous legislation];

"latecomer charge" means, as applicable, a charge under

(a) section 508 (1) (c) [Part 14 latecomer charges and cost recovery for excess or extended services], or

(b) section 702 (1) (c) [Part 17 latecomer charges and cost recovery for excess or extended services];

"loan authorization bylaw" means, in relation to a regional district, a loan authorization bylaw under section 179 [loan authorization bylaws for long term borrowing] of the Community Charter as it applies under section 403 [borrowing and liability provisions: application of Community Charter] of this Act;

"local government" means

(a) the council of a municipality, and

(b) the board of a regional district;

"local government offices" means,

(a) in relation to a municipality, the municipal hall, and

(b) in relation to a regional district, the regional district offices;

"local trust committee" means a local trust committee within the meaning of the Islands Trust Act;

"manage", with respect to land, improvements, personal property or other property, includes conserve, use, develop, construct, improve, operate, administer and maintain, as applicable;

"mountain resort improvement district" means a mountain resort improvement district incorporated under section 676 [incorporation of mountain resort improvement districts];

"mountain resort municipality" means a mountain resort municipality incorporated under section 8 [incorporation of mountain resort municipality];

"municipal director" means a director for a municipality who is appointed under section 198 [municipal directors];

"municipal participating area" means an area that is in a service area and that is all or part of a municipality;

"municipality" means, in relation to a regional district, a municipality in the regional district and, in the case of the Greater Vancouver Regional District, includes the City of Vancouver;

"non-resident property elector" means, in relation to a municipality or a regional district electoral area, a person who, at the relevant time, meets the qualifications for registration under section 66 [non-resident property electors] as a non-resident property elector of the municipality or electoral area;

"official community plan" means an official community plan adopted under section 472 [bylaw to adopt official community plan];

"participant" means,

(a) in relation to a municipal participating area, the council of the municipality,

(b) in relation to an electoral participating area, the director of the electoral area, and

(c) in relation to a treaty first nation participating area, the governing body of the treaty first nation;

"participating area" means a municipal participating area, an electoral participating area or a treaty first nation participating area, as applicable;

"partnering agreement" means, in relation to a regional district, an agreement between the regional district and a person or public authority under which the person or public authority agrees to provide a service on behalf of the regional district, other than a service referred to in section 338 (2) (a) and (b) [regional district general and electoral area administrative services];

"protected heritage property" means property that is

(a) protected under section 13 (2) of the Heritage Conservation Act,

(b) designated as protected under bylaws made under section 611 [heritage designation protection] of this Act, or

(c) included under section 614 (3) (b) [designation of heritage conservation areas] of this Act in a schedule to an official community plan;

"regional district" means, as applicable,

(a) a regional district incorporated under this Act, or

(b) the geographic area of a regional district corporation referred to in paragraph (a);

"regional district offices" means the location of the regular office of the corporate officer for the regional district;

"regional growth strategy" means a regional growth strategy under Part 13 [Regional Growth Strategies];

"regional park" means a park set aside and dedicated as a park under the Park (Regional) Act and continued under this Act or a park dedicated by a regional district under this Act;

"regional trail" means a footpath, pathway, trail or area of land dedicated as a regional trail under the Park (Regional) Act and continued under this Act or a trail dedicated by a regional district under this Act;

"registrar of land titles" mean a registrar of titles as defined in the Land Title Act;

"regulatory service" means, in relation to a regional district, the exercise of a regulatory authority conferred on a regional district under this or another Act, other than the exercise of specified regulatory authority;

"requisition" means a requisition under

(a) section 257 [requisition of funds for treaty lands],

(b) section 385 [requisition of funds from municipalities], or

(c) section 387 [requisition of funds for electoral areas];

"reserve fund" means, in relation to a regional district, a reserve fund under Division 4 [Reserve Funds] of Part 6 of the Community Charter as it applies under section 377 [financial management: application of Community Charter] of this Act;

"resident elector" means, in relation to a municipality or a regional district electoral area, a person who, at the relevant time, meets the qualifications for registration under section 65 [resident electors] as a resident elector of the municipality or electoral area;

"resort region" means a resort region designated under section 583;

"rural land use bylaw" means a bylaw referred to in section 457 [rural land use bylaws];

"security issuing bylaw" means a security issuing bylaw under section 411 [security issuing bylaws];

"service" means, in relation to a regional district,

(a) an activity, work or facility undertaken or provided by or on behalf of the regional district and the exercise of specified regulatory authority in relation to such an activity, work or facility, and

(b) a regulatory service;

"service area" means, in relation to a regional district, the area in which a service is provided, being comprised of the participating areas for the service;

"specified regulatory authority" means the exercise of regulatory authority under the following:

(a) the following provisions of Part 9 [Regional Districts: Specific Service Powers]:

(i) section 303 [special fire protection powers];

(ii) section 304 [health protection authority];

(iii) Division 3 [Drainage, Sewerage and Related Matters];

(iv) section 316 [authority in relation to waste disposal and recycling];

(v) section 330 [regulation of signs and advertising];

(vi) section 331 [regional district irrigation services];

(b) section 332 (4) and (5) [general authority for services];

(c) section 335 [authority in relation to services other than regulatory services];

"subdivision servicing bylaw" means a bylaw under section 506 [subdivision servicing requirements];

"Surveyor General" has the same meaning as in the Land Act;

"Surveyor of Taxes" has the same meaning as in the Taxation (Rural Area) Act;

"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act;

"treaty first nation director" means a director for a treaty first nation who is appointed under section 253 [treaty first nation directors];

"treaty first nation participating area" means the area of the treaty lands of a treaty first nation that is in a service area;

"trust council" has the same meaning as in the Islands Trust Act;

"vice chair" means, in relation to a regional district, the vice chair of the board elected under section 215 [chair and vice chair of board];

"zoning bylaw" means a bylaw under section 479 [zoning bylaws].

Application of Community Charter definitions

2  Unless a term is otherwise defined in this Act or a contrary intention appears in this Act, the definitions in the Community Charter apply to this Act.

Special rule for Mountain Time Zone

3  In those areas of British Columbia in which Mountain Standard Time or Mountain Daylight Time is customarily used, section 25 (7) [calculation of time] of the Interpretation Act does not apply and instead a reference to a specified time of the day is a reference to Mountain Standard Time or Mountain Daylight Time, as applicable.

Giving notice by newspaper publication

4  If this Act requires that notice be given by publication in a newspaper, the notice must be published in accordance with section 94 (1) (b) [requirements for public notice] of the Community Charter.

Application of Escheat Act

5  Section 4 [escheat of land on dissolution of corporation] of the Escheat Act does not apply to land in British Columbia transferred under this Act on dissolution of a municipality, development district, water users' community, improvement district or regional district.

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