Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
This Act is current to September 11, 2019

[Prepared for convenience by the Office of Legislative Counsel. Note: This Act has not been revised as part of the Revised Statutes 1996. References in this Act to other Acts may be references to earlier Revised Statutes or to Acts not consolidated in a general revision of statutes, depending on when the provision of this Act containing the reference was enacted or amended.]

An Act to Provide for the Incorporation of the Corporation of the District of Powell River

[SBC 1955] CHAPTER 108

Assented to March 15, 1955

Contents
1Short title
2Definitions
3Power to incorporate
4Area to be incorporated
5Alteration of boundaries
6Pre-incorporation poll
7Qualifications of voters in poll
8Application of results of poll
9Matters to be specified in Letters Patent
10Municipal Council
11Borrowing for operating expenses
12Borrowing for capital outlays
13Acquisition of certain assets
14Construction of private works on highways, etc.
15Town planning
16Agreements concerning joint finance and use of public buildings
17Cost of special works for limited areas
18Financial adjustment
19Refund of taxes for year of incorporation
20Preservation of existing by-laws, etc.
21Mill-site area permanently zoned for industrial purposes
22Application of Acts relating to municipalities
23Powers of Lieutenant-Governor in Council
First Schedule
Second Schedule
Third Schedule
Fourth Schedule

Short title

1   This Act may be cited as the "Powell River Incorporation Act."

1955-108-1.

Definitions

2   In this Act, unless the context otherwise requires:—

"Council" means the Council of the municipality as defined in this section:

"Cranberry Lake" means the area defined in clause (a) of section 4:

"Mill-site area" means the area defined in the Fourth Schedule to this Act:

"Municipality" means the municipality to be incorporated pursuant to this Act:

"Powell River Townsite" means the area defined in clause (b) of section 4:

"Westview" means the area defined in clause (c) of section 4:

"Wildwood" means the area defined in clause (d) of section. 4.

1955-108-2.

Power to incorporate

3   It shall be lawful for the Lieutenant-Governor in Council, by Letters Patent under the Great Seal, to incorporate into a district municipality under the name of "The Corporation of the District of Powell River," in accordance with the ensuing provisions of this Act, the tract of land described in section 4 or some lesser area according to the results of the polls herein provided for.

1955-108-3.

Area to be incorporated

4   Subject to section 8, the area to be included within the limits of the municipality shall be those portions of the Province of British Columbia lying within Group 1, New Westminster District, which are contained within the following boundaries:—

(a) Cranberry Lake area: Commencing at the most northerly north-west corner of Lot 4067, Group 1, New Westminster District, being a point on the easterly high-water mark of Powell Lake; thence in a general northerly direction along said easterly high-water mark of Powell Lake to the northwesterly prolongation of the easterly boundary of Lot 4613; thence north-westerly along said north-westerly prolongation of the easterly boundary of Lot 4613 to a point distant thereon 2,700 feet from the most northerly corner of said Lot 4613; thence south-westerly in a straight line to the most northerly corner of Lot 5304; thence south-westerly along the northerly boundary of said Lot 5304 to the north-west corner thereof; thence south-easterly along the westerly boundary of said Lot 5304 to the easterly prolongation of the northerly limit of Cranberry Lake Road as shown on Plan 7173 on deposit in the Land Registry Office, Vancouver; thence westerly to and along said easterly prolongation of the northerly limit of Cranberry Lake Road to the south-east corner of Lot 9 of Block 38 of Lot 450, as shown on Registered Plan 8212; thence north-westerly along the easterly boundaries of Lots 9, 8, 7, and 6 of said Plan 8212 to the north-east corner of said Lot 6; thence south-westerly along the northerly boundaries of Lots 6, 5, and 1 of said Plan 8212 to the north-west corner of said Lot 1; thence south-easterly along the westerly boundaries of Lots 1, 2, 3, and 4 of said Plan 8212 to the south-west corner of said Lot 4, being a point on the aforesaid northerly limit of Cranberry Lake Road as shown on Plan 7173; thence westerly along the said northerly limit of Cranberry Lake Road as shown on Plan 7173 and Reference Plan 3249 to the north-westerly prolongation of the westerly boundary of Lot 1 of Block 37 of Lot 450, as shown on Registered Plan 8096; thence south-easterly along said north-westerly prolongation of the westerly boundary of Lot 1, Block 37, Plan 8096, to the north-west corner of said Lot 1; thence south-easterly along the said westerly boundary of Lot 1, Block 37, Plan 8096, to the south-west corner thereof; thence north-easterly along the southerly boundaries of Lots 1, 2, 3, 4, 5, and 6, Block 37, of said Plan 8096, to the south-east corner of said Lot 6, being a point on the westerly boundary of the subdivision shown on aforesaid Registered Plan 7173; thence southerly and easterly along the westerly and southerly boundaries of the said subdivision as shown on Plan 7173 to the south-east corner thereof, being a point on the easterly boundary of aforesaid Lot 450; thence south-easterly along said easterly boundary of Lot 450 to the north-east corner of the subdivision of part of Block 36 of Lot 450 as shown on Registered Plan 8230; thence south-westerly, south-easterly, and north-easterly along the northerly, westerly, and southerly boundaries of the said subdivision as shown on Plan 8230 to the south-east corner thereof, being a point on the aforesaid easterly boundary of Lot 450; thence south-easterly along the easterly boundary of said Lot 450 to the most southerly corner of Lot F of Lot 3125 as shown on Registered Plan 5293; thence north-easterly along the south-easterly boundary of said Lot F of Lot 3125, Plan 5293, to the most easterly corner thereof; thence north-easterly in a straight line to the most westerly corner of Lot A of Lot 3125 of said Plan 5293; thence north-easterly along the south-easterly boundary of said Lot A of Lot 3125, Plan 5293, to the south-easterly corner thereof, being a point on the westerly high-water mark of Cranberry Lake; thence in a general south-easterly direction along the westerly and southerly high-water mark of said Cranberry Lake to the north-west corner of Block 40 of Lot 5542, as shown on Registered Plan 5389; thence southerly along the westerly boundaries of Blocks 40 and 39 of Lot 5542 of said Plan 5389 to the south-west corner of said Block 39; thence south-easterly along the southerly boundary of said Block 39 of Lot 5542, Plan 5389, to the south-east corner thereof; thence south-easterly along the south-easterly prolongation of the southerly boundary of said Block 39 of Lot 5542, Plan 5389, to the westerly boundary of Lot 5445; thence southerly along the westerly boundaries of Lots 5445 and 5187 to the south-west corner of said Lot 5187; thence easterly along the southerly boundary of said Lot 5187 to the south-east corner thereof; thence northerly along the easterly boundaries of Lots 5187, 5445, and 5732 to the south-west corner of Lot 5444; thence easterly along the southerly boundary of said Lot 5444 to the south-east corner thereof; thence northerly along the easterly boundaries of Lots 5444 and 5453 to the north-east corner of said Lot 5453; thence westerly along the northerly boundaries of Lots 5453, 5454, and 4128 to the most southerly south-west corner of Lot C of Lot 5200, as shown on Registered Plan 5888; thence north-westerly and northerly along the south-westerly and westerly boundaries of said Lot C of Lot 5200, Plan 5888, to the north-west corner of said Lot C, being the north-west corner of said Lot 5200; thence easterly along the northerly boundary of said Lot 5200 to the south-east corner of aforesaid Lot 4613; thence north-westerly along the easterly boundary of said Lot 4613 to the north-east corner of aforesaid Lot 4067; thence westerly along the northerly boundary of said Lot 4067 to the aforesaid most northerly north-west corner thereof, being the point of commencement:

(b) Powell River Townsite area: Commencing at the north-west corner of Lot 450, Group 1, New Westminster District, being a point on the easterly high-water mark of the Malaspina Strait; thence north-easterly along the northerly boundary of said Lot 450 to the north-east corner thereof; thence south-easterly along the easterly boundary of said Lot 450 to the north-west corner of Lot 1901A; thence easterly along the northerly boundary of said Lot 1901A to the north-east corner thereof, being a point on the westerly high-water mark of Powell Lake; thence north 50 ° 30' east to the north-westerly prolongation of the easterly boundary of Lot 4613; thence south-easterly along said north-westerly prolongation of the easterly boundary of Lot 4613 to a point distant thereon 2,700 feet north-westerly from the most northerly corner of said Lot 4613; thence south-westerly in a straight line to the most northerly corner of Lot 5304; thence south-westerly along the northerly boundary of said Lot 5304 to the north-west corner thereof; thence south-easterly along the westerly boundary of said Lot 5304 to the easterly prolongation of the northerly limit of Cranberry Lake Road, as shown on Plan 7173 on deposit in the Land Registry Office, Vancouver; thence westerly to and along said easterly prolongation of the northerly limit of Cranberry Lake Road to the south-east corner of Lot 9 of Block 38 of Lot 450, as shown on Registered Plan 8212; thence north-westerly along the easterly boundaries of Lots 9, 8, 7, and 6 of said Plan 8212 to the north-east corner of said Lot 6; thence south-westerly along the northerly boundaries of Lots 6, 5, and 1 of said Plan 8212 to the north-west corner of said Lot 1; thence south-easterly along the westerly boundaries of Lots 1, 2, 3, and 4 of said Plan 8212 to the south-west corner of said Lot 4, being a point on aforesaid northerly limit of Cranberry Lake Road, as shown on Plan 7173; thence westerly along the said northerly limit of Cranberry Lake Road as shown on Plan 7173 and Reference Plan 3249 to the north-westerly prolongation of the westerly boundary of Lot 1 of Block 37 of Lot 450, as shown on Registered Plan 8096; thence south-easterly along said north-westerly prolongation of the westerly boundary of Lot 1, Block 37, Plan 8096, to the north-west corner of said Lot 1; thence south-easterly along the said westerly boundary of Lot 1, Block 37, Plan 8096, to the south-west corner thereof; thence north-easterly along the southerly boundaries of Lots 1, 2, 3, 4, 5, and 6, Block 37, of said Plan 8096, to the south-east corner of said Lot 6, being a point on the westerly boundary of the subdivision shown on aforesaid Registered Plan 7173; thence southerly and easterly along the westerly and southerly boundaries of the said subdivision as shown on Plan 7173 to the south-east corner thereof, being a point on the easterly boundary of aforesaid Lot 450; thence south-easterly along said easterly boundary of Lot 450 to the north-east corner of the subdivision of part of Block 36 of Lot 450, as shown on Registered Plan 8230; thence south-westerly, south-easterly, and north-easterly along the northerly, westerly, and southerly boundaries of the said subdivision, as shown on Plan 8230, to the south-east corner thereof, being a point on the aforesaid easterly boundary of Lot 450; thence south-easterly and south-westerly along the easterly and southerly boundaries of said Lot 450 to the south-west corner thereof, being a point on the aforesaid easterly high-water mark of Malaspina Strait; thence westerly along the southerly boundary of Lot 6200 and the westerly prolongation thereof to a point 2,640 feet perpendicularly distant from the aforesaid easterly high-water mark of Malaspina Strait; thence in a general northerly direction 2,640 feet perpendicularly distant from and parallel to said high-water mark of Malaspina Strait to the south-westerly prolongation of the northerly boundary of aforesaid Lot 450; thence north-easterly along said south-westerly prolongation of the northerly boundary of Lot 450 to the north-west corner thereof, being the point of commencement:

(c) Westview area: Commencing at the south-west corner of Lot 450, Group 1, New Westminster District, being a point on the easterly high-water mark of Malaspina Strait; thence north-easterly along the southerly boundary of said Lot 450 to the south-east corner thereof; thence north-westerly along the easterly boundary of said Lot 450 to the most southerly corner of Lot F of Lot 3125, as shown on Plan 5293 on file in the Land Registry Office, Vancouver; thence north-easterly along the south-easterly boundary of said Lot F of Lot 3125, Plan 5293, to the most easterly corner thereof; thence north-easterly in a straight line to the most westerly corner of Lot A of Lot 3125 of said Plan 5293; thence north-easterly along the south-easterly boundary of said Lot A of Lot 3125, Plan 5293, to the south-easterly corner thereof, being a point on the westerly high-water mark of Cranberry Lake; thence in a general south-easterly direction along the westerly and southerly high-water mark of said Cranberry Lake to the north-west corner of Block 40 of Lot 5542, as shown on Registered Plan 5389; thence southerly along the westerly boundaries of Blocks 40 and 39 of Lot 5542 of said Plan 5389 to the south-west corner of said Block 39; thence south-easterly along the southerly boundary of said Block 39 of Lot 5542, Plan 5389, to the south-east corner thereof; thence south-easterly along the south-easterly prolongation of the southerly boundary of said Block 39 of Lot 5542, Plan 5389, to the westerly boundary of Lot 5445; thence southerly along the westerly boundaries of Lots 5445 and 5187 to the south-west corner of said Lot 5187; thence easterly along the southerly boundary of said Lot 5187 to the south-east corner thereof; thence northerly along the easterly boundary of said Lot 5187 to the north-west corner of Lot 5186; thence easterly along the northerly boundary of said Lot 5186 to the north-east corner thereof; thence southerly along the easterly boundaries of Lots 5186, 5182, and 5176 to the south-east corner of said Lot 5176; thence westerly along the southerly boundary of said Lot 5176 to the south-west corner thereof; thence southerly along the easterly boundary of Lot 5731 to the north-west corner of Lot 5127; thence easterly along the northerly boundaries of Lots 5127 and 5128 to the north-east corner of said Lot 5128; thence southerly along the easterly boundaries of Lots 5128 and 5117 to the north-west corner of Lot 5113; thence easterly and southerly along the northerly and easterly boundaries of said Lot 5113 to the south-east corner thereof; thence westerly along the southerly boundaries of Lots 5113, 5112, and 5111 to the north-east corner of Lot 5103; thence southerly along the easterly boundaries of Lots 5103, 3689, and 3690 to the south-east corner of said Lot 3690; thence westerly along the southerly boundaries of Lots 3690, 3687, and 3686 to the north-east corner of Lot 1423; thence southerly along the easterly boundary of Lot 1423 to the north-west corner of Lot 1424; thence easterly and southerly along the northerly and easterly boundaries of said Lot 1424 to the south-east corner thereof, being a point on the high-water mark of Malaspina Strait; thence southerly a distance of 2,640 feet in a straight line and in a direction perpendicular to the general direction of the said high-water mark of Malaspina Strait at this point; thence in a general northerly direction 2,640 feet perpendicularly distant from and parallel to the said high-water mark of Malaspina Strait to the south-westerly prolongation of the southerly boundary of Lot 6200; thence north-easterly along said south-westerly prolongation of the southerly boundary of Lot 6200 to the south-west corner of said Lot 6200; thence north-easterly along the said southerly boundary of Lot 6200 to the aforesaid south-west corner of Lot 450, being the point of commencement:

(d) Wildwood area: Commencing at the north-east corner of Lot 450, Group 1, New Westminster District; thence south-easterly along the easterly boundary of said Lot 450 to the north-west corner of Lot 1901a; thence easterly along the northerly boundary of said Lot 1901A to the north-east corner thereof, being a point on the westerly high-water mark of Powell Lake; thence north 50 ° 30' east to the north-westerly prolongation of the easterly boundary of Lot 4613; thence north-westerly along said north-westerly prolongation of the easterly boundary of Lot 4613 to the easterly prolongation of the northerly boundary of Lot 2358; thence westerly along said easterly prolongation to the north-east corner of said Lot 2358, being a point on the westerly high-water mark of Powell Lake; thence westerly along the northerly boundaries of Lots 2358, 4901, and 4168 to the south-east corner of Lot 4167; thence northerly and westerly along the easterly and northerly boundaries of Lots 4167 and 4163 to the south-east corner of Lot 4162; thence northerly along the easterly boundary of said Lot 4162 to the north-east corner thereof; thence westerly along the northerly boundaries of Lots 4162 and 4161 to the north-west corner of said Lot 4161; thence southerly along the westerly boundaries of Lots 4161 and 4164 to the aforesaid north-east corner of Lot 450, being the point of commencement.

1955-108-4.

Alteration of boundaries

5   Redefinition or alteration of the boundaries of the municipality may be effected under the provisions of the "Municipalities Incorporation Act."

1955-108-5.

Pre-incorporation poll

6   (1) Prior to the issuance of the Letters Patent, polls shall be held in Cranberry Lake, Powell River Townsite, Westview, and Wildwood to ascertain whether those persons entitled to vote within each of the said respective areas as hereinafter provided are in favour of the incorporation of the municipality, and the Lieutenant-Governor in Council shall make all necessary regulations governing the holding of the poll, including the appointment of the Returning Officer or Officers and other officials deemed necessary therefor.

(2) The expenses of holding the poll shall be advanced by Powell River Company Limited, which shall deposit with the Minister of Finance a sum estimated by the Minister to be sufficient to meet such expenses. Upon the issuance of Letters Patent, the costs of holding the poll shall be a charge upon the municipality, and shall be a debt due the Minister of Finance, payable within one year from the date of incorporation; and upon payment of such costs by the municipality, the deposit shall be refunded to Powell River Company Limited. If no Letters Patent are issued, the deposit shall be forfeited to Her Majesty.

1955-108-6.

Qualifications of voters in poll

7   (1) The following persons shall be entitled to have their names entered on the lists of voters for the poll to be held pursuant to section 6, and, if their names are so entered, shall be entitled to vote at the poll:—

(a) Any male or female British subject of the full age of twenty-one years and any corporation, being in either case the owner of land within one of the said areas on the thirtieth day preceding the closing of the list of voters; and

(b) For the purposes of the poll to be held in Powell River Townsite, in addition to those persons qualified under clause (a), any male or female British subject of the full age of twenty-one years who is:—

(i) A householder as defined in subsection (2) in Powell River Townsite and who has resided and been a householder within one or more of the said areas for twelve months immediately preceding the making of the declaration provided for in subsection (3);

and any male or female British subject of the full age of twenty-one years or any corporation who or which is:—

(ii) The tenant of the owner of land pursuant to a lease in writing whereunder the tenant is obligated to pay all taxes on the lands so rented and the improvements thereon, who has been such tenant and has been so obligated for not less than twelve months immediately preceding the making of the declaration provided for in subsection (3):

(2) "Householder" means any person who:—

(a) Has paid rent for property used for residential purposes at a rate of not less than one hundred dollars a year; or

(b) Has paid a rental value for property used for residential purposes at a rate of not less than one hundred dollars a year; or

(c) As the spouse of a householder under clause (a) or (b), has furnished services to such householder, which services, if paid for, would be of a value of not less than one hundred dollars a year; or

(d) Is the spouse of an owner of real property within Powell River Townsite.

(3) All persons applying to be entered on the list of voters in Powell River Townsite as householders or tenants shall, before five o'clock in the afternoon on the day of the closing of the list of voters, file with the Returning Officer a declaration made and subscribed before a Judge, Magistrate, Justice of the Peace, or Commissioner for taking Affidavits within British Columbia in the form and to the effect of the First Schedule or the Second Schedule to this Act respectively.

(4) An owner shall be entered on the list of voters for the area in which the land that he owns is situated. A householder or tenant shall be entered on the list of voters for the area on which is situated the land with respect to which he is a householder or tenant.

(5) For the purpose of this section, the word "owner" shall have the meaning assigned to it by the "Municipal Act."

(6) A corporation shall vote only by its duly authorized agent, who shall be a British subject of the full age of twenty-one years resident in British Columbia, and whose authority shall be filed before five o'clock in the afternoon on the day of the closing of the list of voters.

(7) A voter shall not have more than one vote in any one area, but may vote in more than one of the several areas.

1955-108-7.

Application of results of poll

8   (1) No Letters Patent shall be issued incorporating the municipality unless the Returning Officer reports, after the poll, that a majority of the votes validly cast in Power River Townsite are in favour of the proposed incorporation.

(2) Cranberry Lake shall be included within the municipality only if the Returning Officer reports that the majority of the votes validly cast in Cranberry Lake were in favour of the proposed incorporation.

(3) Westview shall be included within the municipality only if the Returning Officer reports that the majority of the votes validly cast in Westview were in favour of the proposed incorporation.

(4) Wildwood shall be included within the municipality only if the Returning Officer reports that the majority of the votes validly cast in Wildwood were in favour of the proposed incorporation.

1955-108-8.

Matters to be specified in Letters Patent

9   The Letters Patent shall specify all the subject-matters referred to in section 7 of the "Municipalities Incorporation Act," and the matters that are contained in sections 10 to 23, inclusive, of this Act, and, with respect to those of The Corporation of the Village of Cranberry Lake, The Corporation of the Village of Westview, the Cranberry Waterworks District, the Westview Light, Power and Waterworks District, and the Wildwood Light, Water and Sewerage District, whose territorial limits are included within the territorial limits of the municipality, shall make provision for:—

(a) The recall of Letters Patent of the said corporations:

(b) The vesting in the municipality of the real and personal property, including taxes, rates, charges, fees, tolls, licence fees, debts, and moneys due, owing, or payable to or assessed or levied by each of the said corporations:

(c) The preservation to the municipality of all remedies of the said corporations for the collection of any such taxes, rates, charges, fees, tolls, licence fees, debts, and moneys:

(d) The assumption by the municipality of all debts, liabilities, obligations, contracts, and duties of each of the said corporations, including debentures:

(e) The termination of office of members of the Councils, Boards of Commissioners, Boards of Trustees, and all other administrative boards and commissions of the said corporations, and the termination or continuation of the employment of the respective officers, officials, and regular employees of the said corporations and the said boards and commissions, accordingly as may be deemed advisable:

(f) Generally all matters which the Lieutenant-Governor in Council may deem necessary to provide for in the circumstances.

1955-108-9.

Municipal Council

10   (1) If Cranberry Lake, Westview, or Wildwood is included within the territorial limits of the municipality, subsection (3) of section 11 of the "Municipal Act shall not apply to the municipality, and the Council shall be elected by the voters qualified respectively in Powell River Townsite and such of the said areas as are included within the territorial limits of the municipality in the proportion of two Councillors from Cranberry Lake, two from Powell River Townsite, four from Westview, and one from Wildwood, and, notwithstanding the provisions of section 14 of the "Municipal Act," the Letters Patent may provide, if necessary, that the number of Councillors shall be nine.

(2) The Lieutenant-Governor in Council shall have power to include in the Letters Patent provision for:—

(a) Such modifications in the provisions of the "Municipal Elections Act" in their application to the municipality as may be deemed necessary to carry out the intent of this section; and

(b) The adjustment of the boundaries between the areas included within the territorial limits of the municipality to the extent deemed necessary to give recognition to changes in the numbers of electors qualified in each of the said areas and ensure representation in accordance with the provisions of subsection (1).

(3) The Council may by by-law, at any time after five years from the date of incorporation, if empowered so to do by a referendum to the electors in the municipality at large, declare this section to be no longer in force.

1955-108-10.

Borrowing for operating expenses

11   At any time before the thirtieth day of June of the year following the year of incorporation, the Council may by by-law incur liabilities by borrowing such sum or sums of money as may be allowed by the Lieutenant-Governor in Council for the purpose of carrying on the business of the municipality until current revenues are available for that purpose. Any liability so incurred shall be repaid at the latest out of revenue for the year following the year of incorporation.

1955-108-11.

Borrowing for capital outlays

12   (1) In order that the municipality, during its initial period of growth, may meet its requirements for heavy capital outlays, including those for local improvements or services, the Council may, prior to the expiration of the third full calendar year following the year of incorporation by by-law passed in accordance with sections 186 to 191 of the "Municipal Act," and notwithstanding the provisions of clause (a) of section 106 of that Act, borrow, by the issue and sale of debentures, such amount or amounts as may be deemed necessary, but so that the total principal amount of all such debentures outstanding at one time, except for works of local improvement and school purposes, shall not exceed twenty per centum of the total of:—

(a) The assessed value of the taxable land and improvements within the municipality according to the last revised assessment roll; and

(b) The matters specified in paragraph (ii) of clause (a) of section 106 of the "Municipal Act."

(2) For the purposes of subsection (1), if debts for works of local improvement and for school purposes have been merged with other debts for the purpose of a refunding, there may be deducted from the amount of such refunding debt outstanding the same percentage as the local-improvement and school debts bore to the total debts refunded.

(3) The provisions of this section shall not limit the borrowing power of the municipality to an amount less than is authorized apart from this Act.

1955-108-12.

Acquisition of certain assets

13   (1) Within one year from the date of incorporation or such other period as may be fixed by the Lieutenant-Governor in Council, the municipality shall purchase from Powell River Company Limited, and the Company shall sell to the municipality, the property described in the Third Schedule to this Act.

(2) If the municipality and Powell River Company Limited shall fail to agree within the time specified as to the price and terms of sale of the property mentioned in subsection (1), the same shall be determined pursuant to the "Arbitration Act" by three arbitrators, one to be appointed by each party and the third to be appointed by the two so appointed.

(3) The money required to discharge the indebtedness of the municipality arising pursuant to subsection (1) shall, to the extent permissible, be raised pursuant to section 17 as for a work or service undertaken by the municipality.

1955-108-13.

Construction of private works on highways, etc.

14   (1) The Council shall have power to authorize any person to construct and maintain any work on, under, or over any public road, street, bridge, or other highway within the municipality, and the Crown shall be bound thereby.

(2) If any person making application for the consent of the Council for carrying out the construction or maintenance of any work as provided in subsection (1) is of the opinion that such consent has been unreasonably withheld, he may appeal to a Judge of the Supreme Court or a County Court Judge, who may, in his discretion, issue an order directing that the applicant be permitted to carry out the work, undertaking, or construction upon such conditions as may be prescribed in the order.

1955-108-14.

Town planning

15   The Council shall appoint a Town Planning Commission under the provisions of the "Town Planning."

1955-108-15.

Agreements concerning joint finance and use of public buildings

16   The municipality shall have power from time to time to enter into agreements with any Official Trustee or Board of School Trustees, having jurisdiction within the territorial limits of the municipality, relating to the joint construction, use, and operation of such public buildings and other public facilities for such purposes and upon such terms and conditions as the Council and such Official Trustee or Board of School Trustees may consider best suited to the interest of the municipality and of the persons residing therein, and such Official Trustee or Board of School Trustees shall, with the approval of the Department of Education, have the power to enter into such agreements.

1955-108-16.

Cost of special works for limited areas

17   (1) The entire cost of any work or service undertaken for the special benefit of some portion or portions of the municipality shall be raised by a special rate upon the lands or lands and improvements within such portion or portions.

(2) The Council shall not be required to impose any rate upon improvements under this section by reason that the improvements are taxed under any other by-law of the municipality.

(3) The by-law authorizing the undertaking of the work or service shall require the assent of the electors of the portion or portions of the municipality to be specially benefited as set out in the by-law, qualified pursuant to the requirements of subsection (2) of section 187 of the "Municipal Act" on property situate in such portion or portions.

(4) The by-law shall be voted upon in the manner provided for voting on ordinary money by-laws as provided in the "Municipal Act."

(5) This section shall apply only where the expenditure involved exceeds fifteen thousand dollars, and where the work or service is in the nature of:—

(a) Opening, widening, extending, grading, altering the grade of, diverting, paving, or improving a street:

(b) Opening or establishing a new street:

(c) Constructing a bridge as part of a street:

(d) Constructing, enlarging, or extending a sewer:

(e) Constructing a curbing or sidewalk in, upon, or along a street:

(f) Constructing a boulevard where a part of a street has been set apart for the purposes of a boulevard:

(g) Sodding any part of and planting trees, shrubs, and plants upon and in a street:

(h) Extending a system of water, gas, light, heat, or power works owned by the municipality, including all such works as may be necessary for supplying water, gas, light, heat, or power to the owners of land for whose benefit such extension is provided; and the connection with a system of water, gas, light, heat, or power works not owned by the municipality, including all such works as may be necessary for supplying water, gas, light, heat, or power from such system with which connection is made to the owners of land for whose benefit such connection is provided:

(i) Acquiring, establishing, laying out, and improving a park or square or a public drive:

(j) Constructing and erecting, on any street or part of a street, equipment, plant, and works for the purpose of supplying electric light or power, including standards and underground conduits and wires:

(k) Constructing any conduit for wires or pipes under and along any street:

(l) The purchase of fire-engines and other appliances for the purpose of fire protection.

(6) Any person owning land in the portion or portions of the municipality to be specially assessed as defined in the by-law who is aggrieved by reason that the work or service is not of special benefit to any portion of the municipality, or that his own land is improperly included or other land improperly excluded from the provisions of the by-law, may appeal to a Judge of the Supreme Court or to a Judge of the County Court at any time up to the expiration of the tenth day after public notice of the by-law has been given pursuant to subsection (5) of section 186 of the "Municipal Act."

(7) Notice of the appeal shall be given in such manner as the Judge may prescribe to all persons whose land is sought to be added to or excluded from the portion or portions of the municipality defined in the by-law, and any person to whom such notice is given and any person aggrieved as provided in subsection (6) shall have a right to be heard on the appeal.

(8) If on the hearing of the appeal the Judge is of the opinion that the work or service is not of special benefit to any portion of the municipality, he shall quash the by-law; and if he is of the opinion that any land has been improperly included in or excluded from the by-law, he shall make such amendments to the by-law as may be necessary to remedy the defect.

(9) An appeal shall lie from the decision of a Judge under this section to the Court of Appeal, but otherwise no proceedings shall be brought by any person to contest the validity of the by-law either as approved or as amended, as the case may be.

(10) If the by-law is amended, it shall be submitted to the electors pursuant to subsection (3) after amendment before becoming operative.

(11) A referendum shall be submitted to the electors at the time of holding the annual municipal elections in the tenth year from the year of incorporation on the question whether the provisions of this section shall continue to remain in force. Unless a majority of the electors vote in favour of retaining this section, it shall cease to be in force on and after the thirty-first day of December in the year in which the referendum is held.

1955-108-17.

Financial adjustment

18   The money required to discharge any indebtedness of the municipality secured by debentures issued by one of the corporations mentioned in section 9 shall be raised as provided in the by-law or by-laws under which the debentures were issued.

1955-108-18.

Refund of taxes for year of incorporation

19   The Minister of Finance shall refund to the municipality forthwith upon incorporation or as and when received, whichever is later, all taxes levied under the "Taxation Act" on land and improvements within the territorial limits of the municipality during the year of incorporation.

1955-108-19.

Preservation of existing by-laws, etc.

20   All by-laws, rules, and regulations of or passed or made by those of The Corporation of the Village of Cranberry Lake, The Corporation of the Village of Westview, the Cranberry Waterworks District, the Westview Light, Power and Waterworks District, and the Wildwood Light, Water and Sewerage District whose territorial limits are included within the territorial limits of the municipality, in force on the date of the incorporation of the municipality, shall remain in force and effect, according to the tenor thereof, in respect of and as applicable to the same territories respectively to which such by-laws and regulations then apply, subject to repeal, amendment, or alteration by the Council in so far as is not inconsistent with section 18, and all such by-laws, rules, and regulations shall be enforcable by the municipality and its officials duly authorized in that behalf.

1955-108-20.

Mill-site area permanently zoned for industrial purposes

21   No by-law or other law or regulation of the Council shall operate to restrict the construction, maintenance, and operation on the mill-site area as defined in the Fourth Schedule of pulp, paper, or other mills utilizing forest products or any other industrial works, whether similar to the foregoing or not, or to limit or otherwise control below what is economically feasible, having regard to the best current engineering knowledge and practice in Canada for mills and works of similar size and nature, the production or emission from any such mills and works on the mill-site area of odour, fumes, gas, vapour, smoke, dust, cinders, vibration, electricity, noise, or explosion.

1955-108-21.

Application of Acts relating to municipalities

22   All the provisions of the "Municipal Act," the "Municipal Elections Act," the "Municipalities Incorporation Act," and of all other Statutes and laws applicable to district municipalities shall apply to The Corporation of the District of Powell River, except as otherwise provided by this Act.

1955-108-22.

Powers of Lieutenant-Governor in Council

23   The Lieutenant-Governor in Council shall have power to issue such supplementary Letters Patent and such regulations and Orders in Council, not inconsistent with the provisions of this Act, as may be deemed necessary to carry out its true intent and purpose.

1955-108-23.

First Schedule

Declaration

(Section 7 (3))

I, [name in full, address, and occupation or description], do solemnly declare:—

1.  That I am a British subject of the full age of twenty-one years.

2.  That I have resided and been a householder within the limits of the proposed Municipality of Powell River as defined in section 4 of the "Powell River Incorporation Act" for twelve months immediately preceding the date hereof.

3.  That I have, during the whole of that time, paid as such householder a rental or rental value for property used for residential purposes or rendered services at a rate of not less than $100 a year.

Or

3.  That I am the wife [or husband] of             , the owner of real property in the said area known as

Lot        , Block        , Map        .

4. That as at the date hereof I am a householder in the area known as Powell River Townsite as defined in the "Powell River Incorporation Act."

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the "Canada Evidence Act."

Declared before me at)
this      day of      , 19   .)_____________________
_____________________)

1955-108-1st Sch.

Second Schedule

Declaration

(Section 7 (3))

I, [name in full, address, and occupation or description], do solemnly declare:—

1.  That I am a British subject of the full age of twenty-one years.

2.  That I am [the duly authorized agent of        ,] the tenant of Lot      , Block      , Map      , being land within the area defined as Powell River Townsite in the "Powell River Incorporation Act."

3.  That I [the said       ] hold(s) a written lease of the said property from the owner thereof whereunder the tenant is obligated to pay all taxes on the lands so rented and the improvements thereon.

4.  That I [the said       ] have [has] been such tenant and have [has] been so obligated for twelve months immediately preceding the date hereof.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the "Canada Evidence Act."

Declared before me at)
this      day of      , 19   .)_____________________
_____________________)

1955-108-2nd Sch.

Third Schedule

(Section 13)

1.  All existing roads, lanes, sidewalks, and boulevards located in Powell River Townsite outside of the mill-site area as defined in this Act.

2.  Such parts of the fire-alarm circuit, street-lighting system, electrical distribution system, sewage-disposal and surface-drainage systems, water distribution system existing as at the date of incorporation as are located within the Powell River Townsite area outside of the mill-site area as defined in this Act, except, in the case of the electrical distribution system, the wholesale-supply lines to Westview, Cranberry Lake, and Wildwood.

3.  Dwight Hall, including the landscaped area adjacent thereto.

4.  The tennis-courts located in Powell River Townsite as long as they continue to be used as public tennis-courts.

5.  Timberlane Park and the adjacent parking area as long as they respectively continue to be used for the purposes of a public park and parking area.

6.  Willingdon Beach, subject to the existing lease to the Powell River Lions Club, as long as it continues to be used as a public beach.

7.  Cranberry Park, otherwise known as Block 53, D.L. 450, as long as it continues to be used as a public park.

1955-108-3rd Sch.

Fourth Schedule

(Section 21)

Description of the Boundaries of the Mill-site Area

Firstly, all of Blocks 43, 44, 47, and 57 of District Lots 450 and 1901A, Group 1, New Westminster District, Plan 8096, on deposit in the Land Registry Office at Vancouver, British Columbia.

Secondly, that portion of Block 46 of said Plan 8096 more particularly described as follows: Commencing at the north-east corner of said Block 46, being the intersection of the westerly limit of First Street and the northerly limit of Cedar Avenue or the prolongations thereof as shown on said Plan 8096; thence south 32° 19' 30" west along the common boundary between said Block 46 and First Street a distance of 951.0 feet; thence north 57° 40' 30" west 150.0 feet; thence south 32° 19' 30" west 223.5 feet; thence north 57° 40' 30" west 62 feet, more or less, to its intersection with the common boundary between Blocks 43 and 46; thence northerly and easterly along the said common boundary to the aforesaid north-east corner of Block 46, being the point of commencement.

Thirdly, all that land and land covered by water being the bed of the Powell River lying between Blocks 43 and 47 of said Plan 8096.

Fourthly, that portion of the bed of Malaspina Strait bounded on the south by the northerly boundary of Lot 6200 and the westerly prolongation thereof, and on the north by the north-westerly boundary of Lot 6174 and the south-westerly prolongation thereof, and lying between the boundary of District Lot 450 on Malaspina Strait and a line drawn in Malaspina Strait parallel thereto and distant therefrom 2,640 feet at any point.

1956-67-2.