1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. GORDON CAMPBELL
Contents
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The residents of the Province have the right to form, under the Community Charter, autonomous communities that provide for the residents' needs for local association;
The Province recognizes communities as an order of government;
The Community Charter guarantees communities the rights and powers setout in it, including in this preamble, subject only to limits prescribed by the Community Charter;
The powers of communities must be adequate to meet local needs;
Communities have full discretion in the exercise of their powers to meet local conditions;
Communities may act or exercise power in relation to any matter that is not expressly excluded from their competence by an enactment, not within the legislative competence of the Province, and not inconsistent with a lawful act of the Province or Canada;
The ultimate determination of the local public interest lies exclusively with locally elected officials, including the right to determine the level of local expenditures and taxation;
Communities have a legitimate expectation that legislation empoweringcommunities will not be repealed or amended by the Legislative Assemblyof the Province except by extraordinary legal processes and proceduresand the Province will give written notice to and consult withcommunities before amending provincial legislation, regulations,policies, programs or orders that affect communities;
The Province's legislation, regulations, policies, programs or ordersthat affect communities will respect the varying needs and conditionsof different communities in different areas of the Province;
Local public services must be provided by democratically elected,responsible, accountable and accessible local government;
Communities may determine their administrative structures in order toadapt them to local needs and ensure effective management and deliveryof services;
The Province, its crown corporations and agencies will comply withlocal government authority in the areas of community jurisdiction;
The Province and communities will resolve conflicts by consultation,negotiation and, if necessary, arbitration;
The Province will notify and consult with communities whenaddressing interprovincial, national or international issues oragreements that will impact the jurisdiction of communities;
The Province will consult with communities and share decision makingwith the communities where the Province and the communities wish to actor exercise power in relation to any matter that is within thejurisdiction of the Province and the communities;
The right of communities to exercise policy discretion within theirjurisdiction includes the right to apply revenue transfers from theProvince for any purpose despite condi tions the Province may attach tothe revenue transfers;
No community is obligated to accept a transfer of new powers or dutiesfrom the Province unless the community consents to the transfer on thebasis of an allocation of new financial or other resources required bythe community to exercise the new power or fulfil the new duty;
Communities must have financial and other resources that are sufficientto support local needs and that are distinct from the financial andother resources of other orders of government:
HER MAJESTY, by and with the advice and consent of the LegislativeAssembly of the Province of British Columbia, enacts as follows:
The purpose of this Act is to provide local governments with the powers to exercise their initiative with respect to any matter which is not excluded from their competence or assigned to another authority.
Part 1 -- Public Participation
1 (1) Elections for the
(a) mayor and all councillors of each municipality, and
(b) electoral area directors of each regional district, to be known collectively as a general local election, must be held under the Election Act in the year 1996, and after that in years set by bylaw.
(2) A bylaw under subsection (1) must set out
(a) the number of persons to be elected at each prescribed general local election, so long as the number to be elected at any two consecutive elections totals the number of councillors or electoral area directors, as applicable, who make up the applicable local government
(OPTION: all members to be elected at every general local election), and
(b) whether the general local election is to be held every two years or every three years (OPTION: every general local election only to be held every three years).
(3) A bylaw under subsection (1), despite section 372,
(a) may be amended only with the assent of the electors
(OPTION: no assent of the electors), and
(b) must be adopted at least 6 weeks before the nomination period for the election, where "nomination period" has the meaning set out in the Election Act.
(4) General voting day for a general local election must be the 3rd Saturday of November in the year of the election.
2 (1) Except as permitted under subsections (2) and (3), an election must be held under the Election Act to fill a vacancy in an elected local government office that occurs in any of the following circumstances:
(a) a person elected or appointed to the office under this Part dies before taking office or the person holding the office dies,
(b) the person holding the office resigns under section 67,
(c) the office is declared vacant on an application under the Election Act, or a candidate affected by such an application renounces claim to the office under the Election Act,
(d) the office becomes vacant under section 66,
(e) the office is declared vacant on an application under section 68,
(f) the office becomes vacant by a resolution under section 69 or is declared vacant on an application under subsection (6) of that section.
(2) As an exception to subsection (1) in relation to a vacancy on any local government, the local government may decide that an election is not to be held if the vacancy occurs after July 1 in the year of a general local election that will fill the office.
(3) As an exception to subsection (1) in relation to a vacancy on a municipal council, the council may decide that an election is not to be held if all the following circumstances apply:
(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office,
(b) the vacancy is not in an office elected on the basis of a neighbour hood constituency,
(c) the number of remaining council members is at least one greater than the quorum for the council.
(4) As soon as reasonably possible after a vacancy occurs for which an election under this section is to be held, the local government must appoint a chief election officer for the election.
(5) The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.
(6) If the number of members of a local government is reduced to less than a quorum, the remaining members of the local government constitute a quorum until persons are elected and take office to fill the vacancies.
(7) A person elected under this Division holds office until the end of the applicable term of office (OPTION: set out the election procedures for municipalities and regional districts in the Community Charter instead of in the Election Act).
Subdivision (1) -- Interpretation
3 In this Division "referendum voting" means voting on a matter referred to in section 4, "voting area" means the area for which the other voting is to be conducted.
4 (1) This Division applies to
(a) voting on a bylaw or other matter for which assent of the electors is required,
(b) voting on a bylaw or other matter for which the local government is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment, and
(c) voting on a referendum under section 5.
(2) Except as otherwise provided, the Election Act applies to voting referred to in subsection (1) as if the referendum voting for the voting area were an election for a jurisdiction and, for certainty, the provisions of the Election Act regarding offences applies to referendum voting.
5 (1) A local government may provide for an opinion referendum to obtain the electors' opinion on a question that affects the community (OPTION: obtain the electors' opinion on any question).
(2) The costs of an opinion referendum held by a board must be
(a) apportioned among the municipalities and electoral areas in which the referendum is held on the basis of the converted value of land and improvements as defined in section 352,
(b) recovered by the requisition of money under sections 354 and 355, as applicable, and
(c) collected by a property value tax under sections 356 and 357, as applicable, in the whole of each municipality and regional district in which the referendum is held.
Subdivision (3) -- Assent of the Electors
6 Unless otherwise provided in this Charter, if assent of the electors to a bylaw or other matter is required or wanted, that assent is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question.
7 (1) A bylaw submitted for the assent of electors must be for only one distinct purpose, although the bylaw may include purposes incidental to the main purpose.
(2) If 2 or more bylaws are submitted at the same time for assent of the electors, each bylaw must be voted on as a separate question unless otherwise provided in this Charter.
Subdivision (4) -- Referendum Proceedings
8 (1) In order to vote at referendum voting, a person must meet both the following requirements:
(a) the person must meet the qualifications under the Election Act as a resident elector, or as a non- resident property elector, in relation to the voting area for which the referendum voting is to be conducted,
(b) the person must be registered in accordance with subsection (2) (OPTION: in order to allow business corporations to vote on whether a specified service area will be established, allow business corporations that would have to pay under a specified service area scheme to vote on whether the area is established).
(2) To vote in referendum voting a person must
(a) be registered, on or before the date established under subsection (5)(a) if applicable, as an elector of the jurisdiction to which the person's qualifications referred to in subsection (1)(a) relate, or
(b) register immediately before voting, as applicable, either
(i) as an elector of the jurisdiction to which the person's qualifications referred to in subsection (1)(a) relate, or
(ii) as an elector for the purposes of the other voting only.
(3) A person may vote only once on a question submitted for referendum voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more than one voting area.
(4) Registration referred to in subsection (2)(b)(ii) is effective only for the referendum voting being conducted at that time.
(5) If general voting day for referendum voting is not general voting day for an election for a jurisdiction in which the referendum voting is to be conducted and advance registration for the jurisdiction is available under the Election Act,
(a) the chief election officer must establish for the jurisdiction a date after which registration as an elector of the jurisdiction will not entitle the person to vote at the referendum voting and the person must instead register under subsection (2)(b) in order to vote, and
(b) the local government may by bylaw provide that provisions of the Election Act do not apply to the jurisdiction in relation to the referendum voting.
(6) If subsection (5) applies, at least 6 but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election officer must give notice in accordance with the Election Act of
(a) how a person may register in advance, and
(b) the date after which advance registration will not apply for the purposes of the referendum voting.
9 The chief election officer must set general voting day for referendum voting to be on a Saturday in accordance with the following:
(a) in the case of bylaws, not more than 80 days after the day the bylaw receives third reading,
(b) in the case of another matter, not more than 80 days after the local government authorization.
10 (1) In order for a bylaw under this Part or a bylaw referred to in section 6 to apply in relation to referendum voting, the bylaw must be adopted at least 6 weeks before general voting day for the referendum voting.
(2) Unless subsection (3) or (4) applies, voting opportunities for the referendum voting are those established by or under Part 2 for the referendum voting.
(3) Voting opportunities in the voting area must be the same as for an election for a jurisdiction if
(a) general voting day for the referendum voting is the same as general voting day for the election,
(b) a voting area for the referendum voting is all or part of the jurisdiction, and
(c) the jurisdiction is responsible for conducting the referendum voting.
(4) As an exception to the Election Act for a voting area with a population of more than 5,000, a regional district board may, by bylaw, limit advance voting opportunities to the first required advance voting opportunity under the Election Act if all the following circumstances apply to the referendum voting:
(a) mail ballot voting is available under the Election Act,
(b) the area specified for the purposes of the Election Act includes all of the voting area for the referendum voting,
(c) the voting area is part but not all of an electoral area,
(d) general voting day for the referendum voting is not the same as general voting day for an election in the jurisdiction.
11 (1) In place of a notice of election under the Election Act, at least 6 but not more than 30 days before general voting day for referendum voting, the chief election officer must issue a notice of voting under this section in accordance with the Election Act.
(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of referendum voting must be available for public inspection during its regular office hours in the local government offices of each jurisdiction in which the referendum voting is to be conducted and may be made available at other locations and times as the chief election officer considers appropriate.
(3) A notice of voting must include the following information:
(a) the question that is to be voted on,
(b) the voting area,
(c) the qualifications required to be met in order to vote as an elector for the referendum voting,
(d) the date of general voting day, the voting places established under the Election Act for that day and the voting hours for those places,
(e) if applicable, information required to be included under the Election Act regarding municipal voting divisions.
(4) If the referendum voting is on a bylaw submitted for the assent of the electors or is authorized by a bylaw, the notice of voting must also include the following:
(a) either a copy of the bylaw or, if approved by the local government, a synopsis of the bylaw in accordance with subsection (5),
(b) if a synopsis of the bylaw is included, a statement that the synopsis is not an interpretation of the bylaw,
(c) the dates, times and places at which the bylaw may be inspected.
(5) A synopsis under subsection (4)(a) must include
(a) in general terms, the intent of the bylaw,
(b) the area that is the subject of the bylaw, and
(c) if applicable, the amount of the borrowing authorized by the bylaw.
(6) If subsection (4) applies, a full copy of the bylaw must be available for inspection by electors
(a) during its regular office hours at the local government offices of each jurisdiction in which the other voting is to be conducted, and
(b) at each place where voting is conducted.
(7) The notice of voting may also include any other information the chief election officer considers appropriate.
12 (1) A ballot for referendum voting must
(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and
(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".
(2) Unless otherwise provided by or under this or another Act, separate ballots must be prepared for each question that is to be voted on.
13 (1) As an exception to the Election Act, the counting of the vote for referendum voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the referendum voting results under the Election Act.
(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with the Election Act and are delivered to the chief election officer with the materials referred to in the Election Act.
14 (1) This section applies to referendum voting on a regional district specified area bylaw, regional district referendum or other regional district matter that is to be conducted by more than one local government.
(2) The regional district board must, by bylaw,
(a) establish the question to be used for all the voting, and
(b) if applicable, set the date for the required advance voting day under the Election Act for all voting areas other than a voting area referred to in the Election Act.
(3) Except for a voting area referred to in the Election Act, the regional district may, by bylaw, establish voting opportunities under those sections for one or more voting areas for the referendum voting.
(4) The regional district board must appoint
(a) a regional voting officer for the referendum voting, and
(b) a deputy regional voting officer for the referendum voting who, if the regional voting officer is absent or unable to act, must perform the duties and has the powers of the regional voting officer.
(5) The regional voting officer has the following duties and powers:
(a) to arrange for the coordination of the proceedings throughout the regional district,
(b) to set the general voting day for all voting throughout the regional district,
(c) to arrange for the preparation of the ballots for the voting,
(d) to direct the chief election officers for the local governments regarding the form and manner of notices that are required or authorized by this Charter regarding the voting,
(e) to make the final determination and declaration of referendum voting results under the Election Act based on the results determined by the chief election officers of the local governments,
(f) to appoint the scrutineers for the final determination of referendum voting results and any judicial recount in accordance with the Election Act,
(g) to apply to the minister for an order under the Election Act.
(6) If there is a conflict between this section or an authority under this section and another provision of this Charter or an authority under this Charter, this section or the authority under it prevails.
15 (1) Notices under this Part may be combined with other notices under the Election Act, as it applies to elections or to referendum voting, as long as the requirements of all applicable sections are met.
(2) The provisions of the Election Act requiring the publication of election results in the Gazette do not apply to referendum voting.
Subdivision (5) -- Scrutineers
16 (1) Scrutineers for the question in referendum voting and scrutineers against the question must be appointed under the Election Act if applications in accordance with the Election Act are received from persons who wish to volunteer for the positions.
(2) Only persons entitled to vote as electors in the referendum voting are entitled to act as scrutineers for the referendum voting, but election officials must not be appointed as scrutineers for the referendum voting.
(3) Unless a bylaw under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by the Election Act to be present.
(4) A local government may, by bylaw, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the bylaw.
(5) As a limit on the authority under subsection (4), a bylaw under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.
(6) The absence of a scrutineer from a place where proceedings for referendum voting are being conducted does not invalidate anything done in relation to the other voting.
17 (1) At least 6 but not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 11.
(2) The notice must include the following information:
(a) the question that is to be voted on,
(b) the dates, times and places at which applications for scrutineers will be received,
(c) how interested persons can obtain information on the requirements and procedures for making an application.
(3) The notice may include any other information the chief election officer considers appropriate.
(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection during its regular office hours in the local government offices of each jurisdiction in which the other voting is being conducted.
18 (1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity.
(2) An application to act as a scrutineer for referendum voting must be signed by the applicant and contain the following information:
(a) the full name of the person applying,
(b) the address to which the person applying wishes to have notices sent,
(c) if required by the chief election officer, a telephone number at which the person applying may be contacted,
(d) a statement that the applicant is entitled to vote as an elector in the referendum voting and is entitled to act as a scrutineer for the referendum voting,
(e) a statement as to whether the applicant is in favour of the question or opposed to the question,
(f) any other information required to be included by a regulation under subsection (5).
(3) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).
(4) A local government must by bylaw prescribe the information that must be included in an application under this section.
19 (1) The chief election officer must
(a) on the basis of the applications received in accordance with the Election Act, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and
(b) assign scrutineers to each place at which scrutineers are entitled to be present under the Election Act.
(2) If the number of applicants on one side of the question is fewer than the maximum allowed under the Election Act,
(a) all these applicants must be appointed as scrutineers in accordance with subsection (1), and
(b) a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this.
(3) If there are more applicants on one side of the question than the maximum allowed under the Election Act, the following rules apply:
(a) the scrutineers for that side must be determined by lot in accordance with the procedure used in the Election Act,
(b) the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present,
(c) names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed,
(d) the persons whose names are drawn must be appointed as scru tineers in accordance with subsection (1),
(e) in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) are unable to act as scrutineers.
(4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question is entitled to be present at the final determination under the Election Act of the referendum voting and at any judicial recount of the referendum voting.
(5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following:
(a) the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment,
(b) if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3).
(6) A scrutineer appointment must
(a) be made in writing,
(b) state the name and address of the person appointed,
(c) state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and
(d) be signed by the chief election officer.
(OPTION: set out referendum voting provisions in the Election Act instead of in the Charter).
20 (1) A petition to a local government must include the name of each petitioner with his or her residential address.
(2) The sufficiency and validity of a petition to the local government must be determined by the clerk or secretary, who must record his or her determination by certificate. The certificate is final and conclusive.
(3) No person may withdraw his or her name from, or add a name to, a petition after it has been certified as sufficient and valid, or after the time fixed for submission of the petition.
21 (1) A petition for a work or service is not valid unless
(a) it is signed by 2/3 of the owners of the parcels liable to be specially charged,
(b) the signatories are the owners of parcels having a value of at least 1/2 of the value of all parcels liable to be specially charged, and
(c) a description of the parcel owned by each petitioner is set out in it (OPTION: allow a resident who is not an owner to sign a petition if the resident will be liable for a portion of the costs of the service).
(2) A petition for a work or service must be lodged with the clerk or secretary, and is deemed to be presented to the local government when so lodged.
(3) Before being circulated for signature, each page of the petition for a work or service must contain
(a) a general description of the service,
(b) the proposed method for recovering annual costs, and if by frontage tax, the annual charge per taxable unit of frontage,
(c) the proportion of the cost of the work which will be the owners' portion,
(d) the boundaries of the specified service area,
(e) the number of years for which annual charges will be imposed,
(f) the estimated cost of the service, and
(g) other information that the local government may require.
22 (1) Subsections (2) to (7) apply to a petition for a work or service in respect of a specified service area.
(2) If the sufficiency of a petition has been determined by the clerk or secretary, the petition is deemed to have been and to be sufficient, despite the fact that changes may be made by the local government or by the court in respect of in the parcels to be specially charged which have the effect of increasing or reducing the number of the parcels.
(3) If it is necessary to determine the value of a parcel and it cannot be ascertained from the real property assessment roll by reason of the parcel not having been separately assessed, or for any other reason, the assessor must fix and determine the value of the parcel, which is deemed for the purposes of this Division to be the assessed value, and his or her determination is final and conclusive.
(4) If a person who is the owner of land is a petitioner, but he or she does not appear by the last authenticated real property assessment roll of the community to be the owner, he or she is deemed an owner if his or her ownership is proved to the satisfaction of the clerk or secretary, and in that case if the person who appears by the last authenticated real property assessment roll to be the owner is a petitioner, his or her name must be disregarded in determining the sufficiency of the petition.
(5) If 2 or more persons are owners of a parcel, they are deemed to be one owner only, and are not entitled to petition unless a majority of them concur, and accordingly the signatures of those persons, unless the petition is signed by a majority, must be disregarded in determining the sufficiency of the petition.
(6) The clerk or secretary for the purpose of determining the sufficiency of a petition may cause witnesses to be summoned and to be examined under oath, and any interested person may, to procure the attendance of a witness, cause a subpoena to be issued out of the Supreme Court within the territorial limits of which the community lies.
(7) A witness, if a resident of the community must attend without payment of fees or conduct money, and, if not a resident of the community, is entitled to fees and conduct money under the rules of court.
23 (1) If the local government proceeds by way of an initiative plan, notice of the intention of the local government to undertake the work or service must be given by publication of a notice and by the mailing of the notice to the owners of the parcels liable to be specially charged, and unless within one month after the publication of the notice a majority of the owners, representing at least 1/2 of the value of the parcels which are liable to be specially charged, petition the local government not to proceed with it, the work or service may be undertaken as a specified area work or service.
(2) The notice is sufficient if it contains the information required under section 21(3).
(3) The notice may relate to and include any number of different services.
(4) The clerk or secretary must mail the notice to the owner at the address as set out in the last authenticated real property assessment roll and also to any later address known to the assessor.
(5) Publication and mailing of the notice may be proved by affidavit, and the affidavit, after the adoption of the construction bylaw, is conclusive evidence of publication and mailing of the notice as deposed in it.
(6) The obligation to give notice to an owner under this section is considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
(7) Sections 21 and 22 apply, with necessary changes and as applicable, to a petition against a proposed work under this section (OPTION: instead of a majority of the owners, representing at least 1/2 of the value of the parcels, the Charter could require 50% of the electors in the area; a second option would be to require the local government to proceed by way of the assent of the electors if the signatures represent between 25% and 50% inclusive).
24 Where the local government has been prevented from undertaking a service by reason of a petition having been presented under section 23, the local government must not proceed on the initiative plan with regard to the same service within a period of six months after the presentation of the petition, but the prohibition contained in this section must not prevent the local government from again proceeding on the initiative plan with regard to the service if it is varied from or less expensive than that originally proposed to be undertaken.
Division (5) -- Public Meetings
25 (1) Meetings of local governments are open to the public, except special meetings from which the local government has excluded
(a) persons other than elected officials and officers, or
(b) persons other than elected officials (OPTION: define in the Charter the classes of meetings which may be special meetings from which the local government may exclude the public).
(2) In respect of a special meeting from which the local government has excluded all persons other than elected officials, the local government must appoint from among its members an acting clerk.
26 (1) The person presiding may expel and exclude from a meeting of a local government a person he or she considers guilty of improper conduct (OPTION: define "improper conduct in Charter").
(2) The local government must in its bylaw under section 63 define "improper conduct" before subsection (1) applies.
Division (6) -- Public Hearings
27 (1) Subject to subsection (4), where an enactment requires a public hearing as a condition of adoption of a bylaw, a local government must not adopt the bylaw without holding a public hearing on the bylaw for the purpose of allowing all persons who believe that their interest in property is affected by the proposed bylaw (OPTION: for the purpose of allowing the public to make representations) to make representations to the local government respecting the content, effect or both of the proposed bylaw (OPTION: respecting the content of the proposed bylaw).
(2) The public hearing must be held after first reading of the bylaw and before third reading.
(3) At a public hearing all persons who believe that their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard or to present written submissions respecting the content, effect or both of the bylaw that is the subject of the hearing.
(4) If an official community plan is in effect for the area that is subject to a proposed bylaw and the proposed bylaw is consistent with the plan, a local government may waive the holding of a public hearing on the proposed bylaw.
(5) More than one bylaw may be included in one notice of public hearing, and more than one bylaw may be considered at a public hearing.
(6) Subject to this Charter, the person chairing the public hearing may make rules that do not conflict with this Charter governing the conduct of the hearing and must announce the rules at the commencement of the hearing.
(7) The rules referred to in subsection (6) may include
(a) a time limit per speaker per bylaw, and
(b) a stipulation that a speaker may not repeat the submission of another speaker (OPTION: no time limit).
(8) A written report of each public hearing containing a summary of the nature of the representations respecting the bylaw that were made at the hearing must be prepared and maintained as a public record and be certified as being fair and accurate by the person preparing the report and, where applicable, by the person to whom a hearing was delegated in section 28.
(9) A public hearing may be adjourned and no further notice of the hearing is necessary if the time and place for the resumption of the hearing is stated to those present at the time the hearing is adjourned.
28 (1) A board may delegate the holding of a specified hearing under this section, a specified class of those hearings or those hearings generally.
(2) A delegation under this section may be to any one or more directors or alternate directors.
(3) A delegation under this section in relation to a class of hearings or hearings generally does not apply to a hearing unless
(a) the delegation was established before notice of the hearing was given under section 29, and
(b) the resolution or bylaw establishing the delegation is available for public inspection along with copies of the bylaw referred to in section 29(2)(a)(v).
(4) For certainty, if a delegation has been made in relation to a class of hearings or hearings generally, the board may exercise its authority under subsection (1) to change that delegation to a different delegation in relation to a specific hearing.
(OPTION: repeat section 31(2) here)
29 (1) Where a public hearing is to be held under section 27(1), the local government must give notice of the hearing in accordance with this section.
(2) The notice must
(a) state
(i) the time and date of the hearing,
(ii) the place of the hearing,
(iii) in general terms, the purpose of the bylaw,
(iv) the land or lands that are the subject of the bylaw, and
(v) the place where and the times and dates when copies of the bylaw may be inspected, and
(b) be published in not less than 2 consecutive issues of a newspaper, the last publication to appear not less than 3 nor more than 10 days before the public hearing.
(3) Where the bylaw alters the permitted use or density of any area, the notice must
(a) be mailed or otherwise delivered at least 10 days before a public hearing
(i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and
(ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice, of all parcels, any part of which is
(iii) the subject of the bylaw alteration, or
(iv) within a distance specified by bylaw, from that part of the area that is subject to the bylaw alteration, and
(b) include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads where applicable.
(4) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner.
(5) The obligation to deliver a notice under subsection (3) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
(6) Subsection (3) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration.
(7) In respect of public hearings being held under section 27(1) or waived under section 27(4), a local government may, by bylaw,
(a) require at the sole cost of the applicant the posting of a notice on land that is the subject of a bylaw, and
(b) specify the size, form and content of the notice and the manner in which and the locations where it must be posted, and the specifications may be different for different areas, zones, uses within a zone and parcel sizes.
30 (1) If a local government waives the holding of a public hearing under section 27(4), it must give notice in accordance with this section.
(2) The notice must
(a) state
(i) in general terms, the purpose of the bylaw,
(ii) the land or lands that are the subject of the bylaw, and
(iii) the place where and the times and dates when copies of the bylaw may be inspected, and
(b) be published in not less than 2 consecutive issues of a newspaper, the last publication to appear not less than 3 nor more than 10 days before the bylaw is given third reading.
(3) If the bylaw alters the permitted use or density of any area, the notice must
(a) be mailed or otherwise delivered at least 10 days before the bylaw is to be given third reading
(i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and
(ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice, of all parcels, any part of which is
(iii) the subject of the bylaw alteration, or
(iv) within a distance specified by bylaw, from that part of the area that is subject to the bylaw alteration, and
(b) include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads where applicable.
(4) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner.
(5) The obligation to deliver a notice under subsection (3) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
(6) Subsection (3) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration.
31 (1) After a public hearing a local government may, without further notice or hearing,
(a) receive a report respecting the content, effect or both of the bylaw, including new information that responds to submissions made at the hearing, respecting the bylaw from an officer, employee, solicitor or consultant of the community,
(b) alter and then adopt the bylaw if the alteration does not
(i) alter the use,
(ii) increase the density, or
(iii) without the owner's consent, decrease the density of any area from that originally specified in the bylaw.
(2) A member of a local government who is entitled to vote on a bylaw and who was not present at the public hearing, may vote on the adoption of a bylaw which was the subject of a public hearing if an oral or written report of the public hearing has been given to him or her.
(3) A court must not, after a public hearing under section 27(1) or third reading following notice under section 30, quash or declare invalid the bylaw on the grounds that an owner or occupier
(a) did not see or receive the notice under section 29 or 30, where the court is satisfied that there was a reasonable effort to mail or otherwise deliver the notice, or
(b) who attended the public hearing or who can otherwise be shown to have been aware of the hearing, did not see or receive the notice, and was not prejudiced by not seeing or receiving it.
Division (7) -- Regional District Notices
32 (1) A regional board, in implementing its powers under this Part, must not adopt a bylaw under section 36(1)(b), other than a bylaw in respect of which an enactment requires a public hearing as a condition of adoption of the bylaw, until it has given notice as provided in subsection (2) (OPTION: include other paragraphs of section 35).
(2) The notice must
(a) state
(i) in general terms, the intent of the bylaw,
(ii) the area that is the subject of the bylaw, and
(iii) the place where and the times and dates when copies of the bylaw may be inspected, and
(b) be published in a newspaper not less than 3 days before the bylaw is adopted.
Division (8) -- Publication of Notices
33 (1) Where notice is required by this Charter to be given by publication in a newspaper, the notice must be published in accordance with this section.
(2) The notice may be published in a newspaper that is distributed at least weekly
(a) in the area affected by the subject matter of the notice, and
(b) if the affected area is not within the municipality or regional district for which the notice is to be given, in the municipality or regional district for which the notice is to be given.
(3) The notice must be published in more than one newspaper if the notice is published in accordance with subsection (2) when the publications are considered together.
(4) If publication under subsection (2) or (3) is not practical, the notice may be given within the areas referred to in subsection (2)(a) and (b) by alternative means as long as the notice
(a) is given within the same time period as required for publication,
(b) is given with the same frequency as required for publication, and
(c) provides notice that, in the view of the body required to give the notice, is reasonably equivalent to that which would be provided by publication.
(5) As an exception, subsection (4)(b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident within the area.
Division (1) -- Corporate Powers
34 (1) A community is a corporation.
(2) A community has the capacity, rights, powers, and privileges of a natural person, except to the extent expressly limited under this Charter.
(3) The powers of a community must be exercised by its local government, except as otherwise provided under this Charter.
(4) Sections 35 and 36 do not limit this section.
(OPTION: include express authority for corporation controlled by the community)
Division (2) -- Services and Regulations
35 (1) A local government may act or exercise power in relation to any matter that is
(a) not expressly excluded from its competence by an enactment or limited by this Charter,
(b) within the legislative competence of the Province, and
(c) not inconsistent with an enactment of the Province or Canada (OPTION: define an "inconsistency" as a situation where it is not possible for a person to comply with both the local government enactment and the enactment of the Province or Canada).
(2) The matters in respect of which a local government may establish a service, regulate or otherwise act under sections 34 and 36 and subsection (1) include but are not limited to
(a) fire protection and control,
(b) maintenance of law and order,
(c) in addition to paragraphs (a) and (b), safety of people,
(d) health and welfare of people,
(e) business, business activities and persons engaged in business,
(f) signs and commercial advertising material,
(g) traffic, parking and highways,
(h) transport and transportation systems, transit, airports and harbours,
(i) drainage, watercourses and wharves,
(j) potable water,
(k) solid and liquid wastes,
(l) public and community utilities,
(m) parks and recreation,
(n) people, activities and things in, on, or near a public place or place that is open to the pubic,
(o) control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances,
(p) screening or landscaping to mask or separate areas,
(q) fire alarm systems and other security alarm systems,
(r) animal control and destruction,
(s) cemeteries,
(t) use of firearms, bows, firecrackers or fireworks,
(u) blasting,
(v) removal or deposit of a substance of which land is composed, or deposit of any other material on land in the community,
(w) economic development (OPTIONS: eliminate enumeration of service and regulatory powers or expand list).
(3) A local government may, subject to this Charter, exercise its powers by the adoption of one or more community codes.
(4) This section is limited by the remainder of Part 2.
36 (1) A local government may by bylaw enacted under this Division
(a) provide for the establishment of a service (OPTION: delete requirement for a bylaw to establish a service),
(b) regulate,
(c) make rules for the provision, operation, and administration of a service, and for the management and maintenance of property under its control with the right to set conditions respecting access to and use of that property, and to impose fees, tolls, and charges for the use of that property,
(d) direct that a matter or thing be done by a person at the person's sole cost,
(e) authorize officers, employees, and agents of the community to enter at all reasonable times on all property that is subject to the direction to ascertain whether the requirement is being met or the regulations are being observed,
(f) direct that, if a person fails to take the action required under a bylaw, the matter or thing may be done by the community or its agent at the expense of the person in default,
(g) if action in default is taken under paragraph (f), recover the expense from the person, together with costs and interest at the rate prescribed under section 11(3) of the Taxation (Rural Area) Act, in the same manner as taxes may be recovered,
(h) expropriate in or out of the community real property or an interest in real property in the manner provided in the Expropriation Act,
(i) regulate land use and development, heritage conservation and regional or inter-community growth in the manner provided in the Planning Act,
(j) in relation to a work or service of the community, authorize its employees or agents to enter on, break up, take, or enter into possession of and use real and personal property in or out of the community without the consent of the owner of the property,
(k) if it is apprehended that real property may be injuriously affected by the exercise of a local government power, authorize its employees or agents to execute works of construction, maintenance, or repair in or out of the community in mitigation of injury done or apprehended, or in reduction of compensation,
(l) if an emergency arises with respect to a work or service provided by the community, declare that the emergency exists and provide for the necessary powers to deal with the emergency,
(m) deal with any activity, industry, business, or thing in different ways, divide each of them into classes, and deal with each class in different ways,
(n) provide for an exception or exemption in respect of any class,
(o) provide for a system of licences, permits, approvals or fees, including
(i) imposing fees for licences, permits, approvals and provision of information, minutes or bylaws including fees for licences, permits, and approvals that may be in the nature of a tax for the activity authorized or for the purpose of raising revenue,
(ii) imposing fees for licences, permits, approvals, and the use of services, that are higher for persons or businesses who do not reside or that do not maintain a place of business in the community,
(iii) imposing rates or levels of fees for
(A) a permit required for removal or deposit of soil, or deposit of any other material, on land in the community, and
(B) the activities referred to in section 36(1)(o)(iii)(A)
that may vary according to the quantity of substance removed or the quantity of substance or other material deposited, and the rates or levels of fees may be different for different areas of the community,
(iv) prohibiting any development, activity, industry, business, or thing until a licence, permit, or approval has been granted,
(v) providing that terms and conditions may be imposed on any licence, permit, or approval, the nature of the terms and conditions, and who may impose them,
(vi) setting out the conditions that must be met before a licence, permit, or approval is granted or renewed, the nature of the conditions, and who may impose them,
(vii) providing for the duration of licences, permits, and approvals, and their suspension or cancellation for failure to comply with a term or condition of the bylaw or for any other reason specified in the bylaw,
(p) do anything incidental or conducive to the exercise of any power given to a local government under or by virtue of this or any other Act,
(q) other than in respect of manufactured homes or motor vehicles, seize and provide for or regulate the sale or other disposition by the community of a chattel that is used by a person when contravening a bylaw,
(r) exchange land dedicated as park land by a plan of subdivision for other park land,
(s) replot parcel lines, subject to a regulation of the Lieutenant Governor in Council,
(t) provide for an appeal, the organization that is to decide the appeal, and related matters
(OPTION: delete the authority for providing for an appeal).
(2) This section is limited by Part 2, other than sections 34 and 35.
Division (3) -- Works and Utilities
37 The establishment by bylaw of a community utility under section 36(1)(d) requires the assent of the electors
(OPTION: eliminate requirement for assent of electors).
38 (1) An extension to a system for supplying water for irrigation must not be made for the purpose of supplying water to other land if the extension will prejudicially affect the prior rights of any parties to the use of the water intended to be conveyed and distributed by the extension.
(2) The local government of a community operating and maintaining a system for supplying water for irrigation may charge at a uniform rate by area all or part of the cost of drainage works against the land benefited by the drainage and the land the irrigation of which the local government believes contributes to the condition making necessary the construction of drainage works.
39 (1) The local government operating and maintaining a community works or a utility may, by bylaw,
(a) fix the rates and terms under which the works or utility service or facility may be provided or used,
(b) provide for discounts for prepayment of rates, and
(c) provide for penalties on overdue accounts.
(2) A bylaw under subsection (1) may provide for the classification of users and prescribe different rates, terms and conditions for different users.
(3) A bylaw adopted under this section fixing rates and charges overrides the terms of any agreement respecting the carriage or supply of water for irrigation entered into by a company or other person from whom the community has acquired a water licence or works.
(4) Rates for the supply and use of water for irrigation may be fixed to vary with the area of the arable land for which the water is supplied or for which it is available, and in that case the local government may by bylaw make all necessary provisions for the preparation of an assessment roll for the calculation of the rates. This Charter applies to the roll as if it were an assessment roll not coming within the Assessment Act.
40 (1) The local government may in respect of community works, facilities or services by bylaw impose
(a) connection charges on owners of land on which are situate buildings or structures, to defray the cost of laying connecting pipes, wires, lines or conduits to the land, and fix the terms and conditions of payment,
(b) service connection fees on the owners or occupiers of real property served by community works, facilities, or services, and fix the terms of payment,
(c) service connection fees on the owners or occupiers of real property served by community works, facilities, or services, and fix the terms of payment, and
(d) a frontage tax on the owners of land or real property which is capable of being connected with a main, or distribution line, whether or not the parcel of land is connected with the main, or whether or not any building or structure on the land is connected with the distribution line.
(2) In a bylaw adopted under section 39(1) or subsection (1), provision may be made that the frontage tax may be waived or lessened for classes of real property described in the bylaw.
41 (1) The local government may by bylaw, with the assent of the electors, dispose of all or part of a community utility plant, including any licences, rights and privileges inherent to it (OPTION: delete assent requirement or treat same as in section 122).
(2) This section does not prevent the local government from disposing of materials or equipment no longer required in the operation of a utility system.
42 (1) The local government must cause to be established and maintained accurate plans and profiles of all community utilities established under section 36(1)(a).
(2) All plans and designs prepared for a community by a consultant must be deposited with the community and, subject to payment of the fees for them, are the property of the community.
(3) A utility or other person using highways or community rights of way must, where possible, provide the community with accurate plans and profiles of any of their facilities using those highways or rights of way.
43 (1) Subject to the Waste Management Act, a bylaw to provide for the establishment and use of a community utility outside the area of the community requires for each participating area within the proposed specified service area
(a) the assent of the electors and Division (2) of Part 1 applies,
(b) a request by a petition, and Division (3) of Part 1 applies, or
(c) an initiative plan, and Division (4) of Part 1 applies.
(2) A bylaw under subsection (1) must not be submitted for an approval under subsection (1) when the area outside of the community is contained within the boundaries of another community, unless the local government of the latter community approves the inclusion of a portion of its com munity in the area to be served by the utility.
(3) Subsections (1) and (2) do not derogate from any powers or rights of any community, for its community utility, to establish or obtain sources and means of supply outside the boundaries of the community.
(4) Unless an approval has been obtained under subsection (2), before proceeding to construct, operate, and maintain any works, equipment, or facility in some other community, a local government must obtain the approval of the local government of the other community, which must not be unreasonably withheld (OPTION: require regional districts to obtain consent of municipalities for water, sewer or highway services within 2 km of the boundary of a municipality).
44 (1) Where works, services or facilities are operated and maintained for inhabitants of areas outside of the community, the rates, charges and fees must be a separate charge on the land or land and improvements to or on which works, services or facilities are supplied or used, having prefer ence over any claim, lien, privilege or encumbrance of every person except the Crown, and must not require registration to preserve it.
(2) Those rates, charges and fees which remain unpaid after December 31 in any year must be deemed to be taxes in arrear on the property concerned, with costs and interest on those taxes in arrear at the rate prescribed under section 11(3) of the Taxation (Rural Area) Act, and the Surveyor of Taxes or collector must promptly, after March 1, forward to the Surveyor of Taxes or collector in whose jurisdiction the real property lies a statement showing the amount of the arrears. The Surveyor of Taxes or collector must add the amount to the taxes payable on the property, and after that the amount subsequently added according to this subsection must be deemed to be Provincial or community taxes, as the case may be, and must be dealt with in the same manner as taxes against the property would be under this Charter.
(3) Where an amount has been added, the Surveyor of Taxes or treasurer must pay that amount as and when collected to the community concerned.
(4) Where an amount has been added and has not been sooner paid, then the treasurer must, in the event of the upset price being obtained at the time of selling the real property at a tax sale, pay the community concerned out of the proceeds of the sale the total amount due for utility charges in arrear; but if the upset price is not obtained and subsequently the property is sold, the proceeds of sale must be applied according to the respective interests in the upset price.
(5) Notwithstanding subsections (1) to (4), the community may bring action in a court of competent jurisdiction to recover an amount due and owing by a person to the community arising out of the supplying of a work, service or facility referred to in subsection (1).
(6) This section does not apply to a community unless the approval required by section 11(4) has been obtained or the communities concerned agree to the application of this section.
45 (1) A local government by bylaw adopted with the assent of the electors may enter into or ratify or adopt agreements granting to a person an exclusive or limited franchise or charter for a term of years not exceeding 21 years (OPTION: delete requirement for assent of electors).
(2) Notwithstanding subsection (1), an agreement entered under that subsection may be renewed for a further term, not exceeding 21 years, with the assent of the electors (OPTION: delete requirement for assent of electors).
46 (1) A bylaw adopted under section 45(1)(a), and an agreement adopted under it, may prescribe terms and restrictions, including fares, rates and payments to or by the community for and in connection with the franchise or charter.
Division (5) -- Intermunicipal Works and Services
47 In this Division, "intermunicipal works or services" means
(a) works or services forming all or part of the boundary between communities,
(b) works or services that serve and transect more than one community such that each of the served communities is interested in the works or services,
(c) natural or other watercourses that form all or part of the boundary between communities, and
(d) natural or other watercourses that serve and transect more than one community such that each of the communities is interested in the watercourse.
48 (1) A community may not undertake intermunicipal works or services until mutually acceptable bylaws have been adopted by the affected local governments having joint jurisdiction.
(2) If a local government, for three months after notice of a bylaw adopted under subsection (1), omits to adopt an acceptable bylaw, the omission is an inability to agree, in which case the matter must be settled by arbitration, and the Commercial Arbitration Act applies.
(3) This section does not apply to a specified service area work or service undertaken on petition wholly at the cost of the owners of an abutting property so long as the work or service is within the community proposing to provide the work or service and one month's notice of intention has been given to the local government of the other community having jurisdiction.
49 (1) This Division does not apply in respect of highways designated as "arterial" under the Highway Act.
(2) This Division applies to
(a) a municipality, and
(b) a regional district in respect of an area defined in an agreement under which agreement the regional district provides the highway service for the Province (OPTION: empower regional districts to own highways and provide highway services in rural areas, except in respect of "arterials").
50 (1) The soil and freehold of every highway
(a) other than a highway designated "arterial" under the Highway Act, in a municipality is vested in the municipality, and
(b) in an electoral area is vested in the Province.
(2) No title adverse to or in derogation of the title to the municipality or Province, as applicable, may be acquired merely by length of possession.
51 (1) All deeds executed to transfer a portion of highway have effect as a Crown grant free of all rights of way, and all land taken in exchange for a portion of a highway are public highways, and title to them,
(a) if in the area of a municipality, vests in the municipality, and
(b) if in the area of an electoral area, vests in the Province.
(2) Before adopting a bylaw to transfer a portion of highway,
(a) a local government must have notice of its intention published in a newspaper once each week for 2 consecutive weeks, and
(b) a regional district that has entered into an agreement under section 49(2)(b) must obtain the written consent of the Minister of Highways.
52 (1) If the Crown has not resumed the entire area reserved in a Crown grant for making roads, canals, bridges, towing paths or other works of public or community utility or convenience, a municipality may resume any part of the land so granted which may be deemed necessary to make roads, canals, bridges, towing paths or other works of public or community utility or convenience, not exceeding 1/20 of the whole of the land granted.
(2) No resumption may be made of land on which a building may have been erected, or which may be in use as gardens or otherwise for the more convenient occupation of that building.
Division (7) -- Miscellaneous Powers
53 (1) The local government may, by a vote of at least 2/3 of the local government members, grant aid for or to those who the local government considers benefit the community.
(2) Despite section 59(1), a local government may, by a vote of at least 2/3 of the votes cast, provide, subject to any terms and conditions the local government considers appropriate, financial and other assistance for the conservation of property that is
(a) protected heritage property,
(b) subject to a heritage revitalization agreement under the Planning Act,
(c) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property.
(3) The local government may, in accordance with the applicable borrowing constraints in Division (2) of Part 4 and Parts 6 and 7, borrow money to enable aid to be granted to the intended recipient under subsections (1) or (2) (OPTION: delete constraints on grants in aid).
54 (1) To honour a distinguished person, by a vote of at least 2/3 of the local government members, a local government may confer freedom of the community on that person (OPTION: delete constraints on honouring distinguished persons).
(2) During the pleasure of the local government,
(a) the persons given freedom of the community are deemed to be electors of the community and to be registered as such and are eligible to vote in an election, and
(b) despite any other enactment, persons honoured under subsection (1), if they are Canadian citizens, are deemed to be qualified to be nominated, be elected and hold the office of mayor or chair of the community.
55 (1) A council may by bylaw regulate tree cutting (OPTION: further constrain tree protection powers or detail tree protection powers).
(2) A board may, by bylaw, designate areas of land that it considers may be subject to flooding, erosion, land slip or avalanche as tree cutting permit areas.
(3) A bylaw may, in respect of an area designated under subsection (2), regulate or prohibit the cutting down of trees and require the owner to obtain, on payment of a fee fixed by the bylaw, a permit before cutting down a tree (OPTION: give regional boards the same tree protection powers as councils, subject to a prohibition on the exercise of the power in forest land reserves or managed forests).
(4) The bylaw may allow the board, at its discretion, to require an applicant to provide at his expense, a report certified by a qualified person, agreed upon by both parties, that the proposed cutting of trees will not create a danger from flooding or erosion.
56 Where land in a community is dedicated to the public for the purpose of a park or a public square by subdivision plan deposited in the land title office, the community is entitled to possession and control of the land for that purpose. Where land in a community has prior to this Act been so dedicated, the community is deemed to have had possession and control of it for that purpose from the date it was so dedicated, and shall continue to have that possession and control.
Division (8) -- Limits on Powers
57 (1) The jurisdiction of a local government is confined to the community area the local government represents, unless wider authority is expressly conferred by an enactment.
(2) A community may provide any service or thing that it provides
(a) in all of the community, in the case of a municipality,
(b) subject to Division (5) of Part 4, in part of the community, or
(c) in another community with the agreement of the other community (OPTION: permit regional district to provide service in entire regional district with consent of member municipalities and area wide assent).
58 (1) If a local government proposes to transfer or grant an estate or interest in
(a) land for less than its market value, or
(b) a public park or property held for pleasure, recreation, or community uses of the public, including a public library, art gallery, museum, arena, or exhibition buildings,
the proposal must be advertised in a newspaper prior to the transfer or grant (OPTION: require posting an advertisement of all proposed trans fers or grants).
(2) The proposal does not have to be advertised if the estate or interest is a transfer or grant
(a) to a library board under the Library Act,
(b) to another community,
(c) to the Crown in right of Canada or the Province, crown corporation, or statutory authority of either or them,
(d) to a school district board,
(e) of a lease of real property for the purpose of providing land for housing, or
(f) to a corporation that is providing a service to the community under a contract with the community.
59 (1) Unless otherwise expressly provided by an enactment, a local government must not, directly or indirectly, assist an industrial or commercial undertaking, and, without limiting this section's generality, must not grant assistance by
(a) giving or lending money or other security, or giving the use or ownership of any property,
(b) guaranteeing borrowing,
(c) granting an exemption from taxation, or
(d) granting as a gift property owned by the community.
(2) Subsection (1) does not apply where a local government engages in activities or expends money for one or more of the following purposes:
(a) to acquire, conserve and develop heritage property and other heritage resources,
(b) to gain knowledge about the community's history and heritage,
(c) to increase public awareness, understanding and appreciation of the community's history and heritage,
(d) for any activities that it considers necessary or desirable with respect to the conservation of heritage property and other heritage resources.
(3) Subsection (1) does not apply where a local government engages in activities or expends money to aid a corporation
(a) wholly owned by the community, or
(b) that is providing a service to the community under an agreement with the community where the agreement provides for the activity or expense.
60 (1) Unless otherwise expressly provided by an enactment, a local government may not grant a person a particular privilege or amenity or exemption from the ordinary jurisdiction of the corporation, may not grant a charter giving a right, franchise, or privilege, may not give an exemption from a tax, rate, or rent, and may not remit a tax, rate, or rent.
(2) Subsection (1) does not apply where a local government engages in activities or expends money to aid a corporation
(a) wholly owned by the community, or
(b) that is providing a service to the community under an agreement with the community where the agreement provides for the activity or expense.
(OPTION: delete sections 59(3) and 60(2))
61 (1) A local government may not
(a) impose a tax, fee, charge, or levy, or
(b) require a work or service to be provided unless authorized by an enactment.
(2) A local government may not impose a charge, fee, tax or levy in respect of a service in a participating area of a community except under Division (5) of Part 4.
62 (1) The local government must make to owners, occupiers or other persons interested in real property entered on, taken, expropriated or used by the community in the exercise of any of its powers, or injuriously affected by the exercise of any of its powers, due compensation for any damages necessarily resulting from the exercise of those powers beyond any advantage which the claimant may derive from the contemplated work.
(2) The compensation referred to in subsection (1) must be determined by the Expropriation Compensation Board.
Part 3 -- Government and Procedures
Division (1) -- General Government and Procedures
63 (1) A local government must by bylaw regulate local government meetings and their conduct, subject to this Part and Parts 6 and 7,
(2) A bylaw under subsection (1) must provide for the procedure to be followed in enacting bylaws,
(3) A bylaw under subsection (1) must not be amended except by bylaw passed at a regular meeting of the local government pursuant to a notice in writing given at an earlier regular meeting (OPTION: delete subsection (3)).
64 (1) The quorum for a local government must be at least one half of the number of members of the local government provided for by this Charter.
(2) A vacancy in the membership of the local government does not invalidate the constitution of the local government or impair the right of the members in office to act, if the number of members in office is less than a quorum.
65 (1) A person elected or appointed to office on a local government must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:
(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required,
(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election,
(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.
(2) The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, the clerk or secretary, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.
(3) A person takes office as a member of the local government
(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the clerk or secretary, or
(b) at any later time that the person produces the completed oath or certificate to the clerk or secretary.
(4) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.
(5) Once a member of the local government takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.
66 (1) If a person elected or appointed to office on a local government does not make the required oath under section 65 within the time limit set by that section, the office is deemed to be vacant and the person is disqualified from taking and holding office on a local government until the next general local election.
(2) If a member of a local government is continuously absent from local government meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled local government meetings, whichever is the longer time period, unless the absence is because of illness or with the leave of the local government, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on a local government until the next general local election.
67 (1) A member of a local government may resign from office only by delivering a written resignation to the clerk or secretary.
(2) A resignation becomes effective when it is received by the clerk or secretary, even if a later date is set out in the resignation, and may not be revoked after the time it is received.
(3) The clerk or secretary must notify the local government of a resignation at its next meeting after the resignation is received.
68 (1) An application to the Supreme Court for a declaration that a member of a local government is disqualified from holding office and that the office is vacant may be made in accordance with this section.
(2) An application may only be made by at least 10 electors of the community.
(3) An application may be made at any time during the challenged member's term of office, but must be made within 30 days after the alleged basis of the disqualification comes to the attention of any of the persons making the application.
(4) Within 7 days after the petition commencing an application is filed, it must be served on the member whose right to hold office is being challenged and on the community.
(5) On the hearing of an application, the court may declare that the member is
(a) confirmed as qualified to hold office, or
(b) not qualified to hold office and that the office is vacant.
(6) A member may hold office and vote and otherwise participate at meetings until the court makes a declaration under subsection 5(b).
69 (1) If the local government considers that one of its members is disqualified from holding office, the local government may adopt a resolution declaring that the office is vacant.
(2) Before taking action under subsection (1), the local government must notify the member affected of the proposed action.
(3) Unless an application to the Supreme Court is made under subsection (4), an office declared vacant under subsection (1) becomes vacant 6 days after the resolution is adopted.
(4) A member whose office is declared vacant under subsection (1) may apply to the Supreme Court for a determination of whether the person is qualified to hold the office, but the application must be commenced within 5 days after the resolution is adopted.
(5) Within 7 days after the petition commencing an application under subsection (4) is filed, it must be served on the community.
(6) On the hearing of an application under subsection (4), the court may declare that the member is
(a) confirmed as qualified to hold office, or
(b) not qualified to hold office and that the office is vacant.
(7) Section 68 applies in relation to an application under subsection (4) of this section.
(8) A member may hold office and vote and otherwise participate at meetings until the court makes a declaration under subsection 6(b).
70 (1) The local government of a community is, and has been since the incorporation of the community, always continuing and existing, notwithstanding a change in its membership.
(2) A local government after being sworn in, may take up and carry on to completion all proceedings commenced but not completed prior to its swearing in.
71 The acts done by a quorum of a local government are not invalid by reason only that the local government is not at the time composed of the required number of members under this Charter.
72 (1) A community must have a corporate seal, kept in the custody of the clerk or secretary.
(2) The clerk or secretary must cause the corporate seal to be affixed when required by this Charter or any other Act, by a procedure bylaw or as otherwise required by the local government (OPTION: leave the question of a corporate seal up to each local government).
73 All acts authorized or required by this Charter to be done by the local government, and all other questions, including adjournment, that may come before the local government must, except where otherwise provided, be done and decided by a majority of the members of the local government present at a meeting.
74 (1) The mayor or chair, if present, must preside at meetings of the local government.
(2) Any member of the local government may preside in committee of the whole.
75 (1) In this section and sections 76 to 80, "child" means an individual under 18 years of age born within or outside marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to treat as a child of his or her own family,
"committee" means any advisory or other committee, subcommittee or similar entity comprised of members from one or more boards or councils,
"corporation" means an incorporated association, company, society, municipality or other incorporated body where and however incorporated, and includes a corporation sole other than Her Majesty or the Lieutenant Governor,
"meeting" includes any regular, special, committee or other meeting of a local government,
"member" means a member of a local government,
"pecuniary interest" means a direct or indirect financial interest of a member and a financial interest deemed to be that of a member,
"senior officer" means the chair or any vice-chair of a board, the president, any vice-president, the secretary, the treasurer or the general manager of a corporation or any other person who performs functions for the corporation similar to those normally performed by a person occupying any such office.
(2) Sections 75 to 80 apply to all meetings of local governments and to meetings of committees of local governments.
(3) If the votes of the members of the local government present at the meeting at the time of the vote are equal for and against a question, the question is negatived and the presiding member must so declare.
(4) A member of a local government present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative.
76 A council or board member is not disqualified from holding office except
(a) strictly according to the procedures set out in sections 68 or 69, and
(b) for the reasons set out in sections 66, 80, 142 or 183.
77 Where a local government member in respect of a hearing held
(a) under section 27(1), or
(b) to consider the submissions of a person or persons before making a decision affecting the rights of a person or persons, including in respect of
(i) discipline,
(ii) dismissal,
(iii) demolition, bringing up to standard or dealing with a nuisance,
(iv) expropriation, injurious affection or other taking,
(v) business license issuance,
(vi) agricultural land exclusion or exemption, or
(vii) matters in respect of which a hearing is required under section 27(1)(b),
admits that he or she has or had such a closed mind during the hearing that he or she is or was not amenable to any persuasion by the submissions, then
(c) a vote cast by the member after the hearing on the matter that was the subject of the hearing is disqualified, and
(d) the resolution, bylaw or order passed by the local government in respect of the matter that was the subject of the hearing is only invalid and may be set aside only if the vote of the member was necessary for it to pass (OPTION: leave "bias" up to the courts to decide on an ad hoc basis).
78 For the purposes of this Act, a member is deemed to have a pecuniary interest in a matter in which a local government is concerned, if
(a) the member
(i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public,
(ii) has a controlling interest in, or is a director or senior officer of, a corporation that offers its securities to the public,
(iii) is a partner or agent of a person,
(iv) is a member of a body,
that has a pecuniary interest in the matter,
(b) the member or the member's spouse or child is an employee of a person or body and the member knows that the person or body has a pecuniary interest in the matter,
(c) the member knows that the member's spouse or child has a direct or indirect pecuniary interest in the matter, or
(d) the member knows that the member's spouse or child,
(i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public,
(ii) has a controlling interest in, or is a director or senior officer of, a corporation that offers its securities to the public,
(iii) is a partner or agent of a person,
(iv) is a member of a body,
that has a pecuniary interest in the matter (OPTION: do not define "pecuniary", but leave it up to the courts to decide on an ad hoc basis).
79 Section 80 does not apply to a pecuniary interest in any matter that a member or the member's spouse or child may have
(a) as a user of any public utility service supplied to the member by the community under similar conditions as other users,
(b) as a recipient of any service or commodity or any subsidy, loan or other benefit offered by the community on terms common to other persons,
(c) as a purchaser or owner of a debenture of the community,
(d) as a depositor with the community, if the whole or part of the deposit is or may be returnable to the member in like manner as a deposit is or may be returnable to other persons under similar conditions,
(e) in any property affected by a community service in a specified service area,
(f) in farm land that is exempt from taxation,
(g) as a director or senior officer of a corporation incorporated by or for the community or to carry on business on behalf of the community or as a person nominated by the council as a director or officer of a corporation,
(h) as a member or office holder of a council, board or other body when it is required by law or by virtue of office or results from an appointment by a local government,
(i) as a recipient of an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit to which the member may be entitled as a member,
(j) in common with persons generally within the area of jurisdiction or, if the matter under consideration affects only part of the area, in common with persons generally within that part,
(k) as a member or volunteer for a charitable organization or a not-for- profit organization with objects substantially similar to those provided by the Company Act or Society Act if the member receives no remuneration or other financial benefit from the organization and the pecuniary interest is in common with other persons in the organization,
(l) as a recipient of remuneration, consideration or an honorarium under or as a volunteer who is not also an officer or employee,
(m) as a member who is not also an officer or director of a credit union or co-operative,
(n) that is inadvertent,
(o) that is so remote or insignificant in its nature that it cannot reason ably be regarded as likely to influence the member.
80 (1) If a member has a pecuniary interest in any matter and is or will be present at a meeting at which the matter is the subject of consideration, the member must
(a) before any consideration of the matter at the meeting, orally disclose the interest and its general nature,
(b) not, at any time, take part in the discussion of, or vote on, any question in respect of the matter,
(c) not, at any time, attempt, either on his or her own behalf or while acting for, by or through another person, to influence the voting on any such matter or influence employees of or persons interested in a contract with the local government in respect of the matter,
(d) immediately leave the meeting and remain absent from it until the matter is no longer under consideration, and
(e) as soon as possible after the meeting, complete and file with the clerk or secretary a written disclosure, in a form prescribed by the local government, setting out the interest and its general nature.
(2) If a member is absent from a meeting in which he or she has a pecuniary interest in a matter being considered, subsection (1)(c) applies to that member and he or she must
(a) disclose the interest in the manner described in subsection (1)(a) at the next meeting of the local government that the member attends,
(b) in the case of a committee meeting, disclose the interest in the manner described in clause (1)(a) at the next meeting of the committee that the member attends, and
(c) file a written disclosure in the manner prescribed in subsection (1)(e) as soon as possible after the next meeting that the member attends.
(3) A disclosure under this section is not required to disclose that the member has a spouse or child or the name of the member's spouse or child.
(4) Where a disclosure omits reference to a member's spouse or child, the interest must be stated as being that of the member.
(5) If a member of a committee is required to file a written disclosure under this section, the member must file it in the manner described in subsection (1)(e) with the clerk or secretary of the local government that appointed the member.
(6) A person who contravenes this section is disqualified from holding office, unless the contravention was through inadvertence or by reason of an error in judgment made in good faith.
(7) If otherwise qualified, and if subsection (1)(e) is also satisfied, a person disqualified under subsection (6) is qualified to be nominated and elected in the by-election to fill the vacancy created by this disqualification and, if elected, is qualified to hold the office (OPTION: prohibit disqualified person from running in by-election).
(8) If as a result of this section there is no quorum, the members who would otherwise not be entitled to attend the meeting or vote may, despite subsections (1) to (6), discuss and vote on the matter (OPTION: require local government to apply to court for order that disqualified persons may vote).
81 The member presiding at a meeting of the local government must preserve order and decide points of order which may arise, subject to an appeal to the other members of the local government then present.
82 (1) On an appeal by a local government member from the decision of the member presiding, the question must be immediately put by him or her, and decided without debate, "Shall the Chair be sustained?" and the member presiding must be governed by the vote of the majority of the members then present, excluding himself of herself. In the event of the votes being equal, the question must pass in the affirmative. The names of the members of the local government voting for or against the question must be recorded on the minutes.
(2) If the member presiding refuses to put the question "Must the Chair be sustained?" the local government must immediately appoint a member to preside temporarily. He or she must proceed in accordance with subsection (1). A resolution or motion carried under this subsection is as binding as if carried under subsection (1).
83 Where the mayor or chair or the acting mayor or chair, if any, is absent from a meeting of the local government, the members then present must choose a member to preside. That member has, for that purpose, all the powers and is subject to the same rules as the mayor or chair.
84 The local government may appoint one of its members to be acting mayor or chair. he or she has, during the absence, illness or other disability of the mayor or chair, all the powers and is subject to the same rules as the mayor or chair.
85 Where the office of mayor or chair becomes vacant, the local government must appoint a member to be acting mayor or chair, and he or she must continue in office until another mayor or chair is elected or appointed.
86 (1) Minutes of the proceedings of the local government must be legibly recorded in a minute book. The minutes must be certified as correct by the clerk or secretary and signed by the mayor, chair or other member presiding at the meeting or at the next meeting at which they are adopted.
(2) The minutes must be open for inspection by any person and any person may make copies and extracts of the minutes at all reasonable times on payment of the fee set under section 35(1)(o).
(3) Subsection (2) does not apply to minutes of a special meeting from which persons were excluded (OPTION: restrict classes of special meetings from which persons may be excluded and restrict protection of minutes to those classes).
87 Minutes of proceedings of standing committees, courts of revision and other administrative bodies must be legibly recorded in a minute book, and must be signed by the chair or member presiding, and, except for minutes of a standing committee or other administrative body on a matter for adoption by the local government, the minutes must be open for the inspection in the same manner as the local government minutes (OPTION: permit protection of "in camera" committee minutes in same manner as minutes under section 86(3)).
88 (1) A community may join with another community to exercise a power conferred by this Charter.
(2) An agreement made under this section is not valid until ratified by a bylaw adopted by each local government (OPTION: require the agreement to be ratified by a vote of not less than 2/3 of all the members of each local government).
(3) The powers of a community extend beyond the boundaries of the community for the purpose of this section.
89 (1) The mayor or chair is the head and chief executive officer of the community.
(2) In addition to his or her powers and duties as a member of the local government, he or she must
(a) see that the law for the improvement and good government of the community is carried out;
(b) communicate to the local government information and recommend bylaws, resolutions and measures which, in his or her opinion, may assist the peace, order and good government of the community in relation to the powers conferred on the local government by any Act;
(c) establish standing committees for matters he or she considers would be better regulated and managed by means of committee, and appoint members of the local government to the committees; but the proceedings of a committee are subject to the approval of the local government, except executive or administrative proceedings delegated under section 92;
(d) inspect and direct the conduct of officers and employees, and direct the management of community business and affairs, and suspend, if deemed necessary, an officer or employee;
(e) see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished; but every case of suspension must be reported to the local government at its next sitting, and the local government may reinstate any officer or employee who has been suspended, or confirm the suspension, or confirm and extend the suspension, or dismiss the officer or employee.
90 (1) The mayor or chair may, despite a bylaw under this Charter, at any time within one month after a proceeding, including the defeat of a motion, resolution, bylaw or order, return for reconsideration a proceeding of the local government which has not been reconsidered by the local government under subsection (3), or has not been acted on by an officer, servant or agent of the community, or is a bylaw or resolution which has not received the assent of the electors (OPTION: leave out a defeated motion).
(2) The mayor or chair may state his or her objections to the local government. The clerk or secretary must record in the minute book the objections, suggestions or amendments of the mayor or chair.
(3) The local government must, as soon as convenient, consider the objections, and either reaffirm or reject the proceeding, and if a bylaw or resolution is rejected, it is deemed to be repealed and is of no force or effect.
(4) The rejected bylaw or resolution must not be reintroduced to the local government for 6 months, except with the unanimous consent of the local government.
(5) The conditions which applied to the passage of the original bylaw or resolution apply to its rejection (OPTION: provide additional authority for majority or 2/3 of council to return a proceeding for reconsideration).
91 The local government may appoint a select committee to consider or inquire into any matter and to report its findings and opinion to the local government.
92 The local government may, by bylaw adopted by at least 2/3 of all its members, delegate authority to a committee, with the restrictions or conditions specified in the bylaw, to exercise any of the executive or administrative powers of the local government. Provision may be made for appointing as members of the committee persons who are not members of the local government, but the number must not exceed the number of local government members on the committee.
93 The local government, or a standing or select committee, has power, under the signature of the mayor and seal of the community, to summon witnesses for examination on oath for matters about the administration of the community, and has the same power to enforce their attendance and compel them to give evidence as is vested in a court of law in civil cases. A member of the local government or standing or select committee may administer the oath to a witness. The witness may be examined, cross examined, and reexamined according to the rules and practice of the Supreme Court in civil cases.
94 A local government must appoint a clerk and a board must appoint a secretary, who, in addition to the duties and powers prescribed by the local government,
(a) is responsible for the preparation and safe preservation of the minute books and other records of the business of the local government and its committees;
(b) has custody of all bylaws, and is responsible for their proper completion and for the preservation and safekeeping of the original bylaws;
(c) must keep on hand at least one certified copy of each bylaw, and must make the copy available for perusal by any person during regular office hours;
(d) must have provided copies of bylaws and local government minutes, other than minutes of a special meeting from which persons have been excluded for reasons of public interest, and may charge to a person requesting a copy the fee set under subsection (2);
(e) must, on request, certify a document to be a copy of a bylaw if, in fact, the document is a copy of it;
(f) is empowered to administer oaths and take and receive affidavits, declarations and affirmations, in the community, required to be taken under this Charter or any other Act relating to communities.
95 (1) Subject to a contract of employment and notwithstanding a bylaw, the engagement of an officer of a community may be terminated
(a) on reasonable notice and then only by approval of at least 2/3 of the members of the local government, or
(b) without notice, for cause, and only by approval of a majority of the members of the local government.
(2) In this section, those persons deemed to be officers are the clerk, trea surer, assessor and collector the engineer and solicitor if engaged on a full time salary basis, and a departmental head designated by bylaw as an officer of the community.
96 (1) A local government may, by bylaw, provide for one or more of the following payments:
(a) remuneration to local government members for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those duties other than expenses covered under paragraph (b) or (c);
(b) all or part of the expenditures made or expenses incurred by a local government member when the local government member is
(i) representing the community,
(ii) engaging in municipal business, or
(iii) attending a meeting, course or convention;
(c) an allowance, daily or otherwise, for expenses incurred by a local government member when performing activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.
(2) A bylaw under subsection (1) (b) or (c) must specify
(a) the types of expenses and expenditures that may qualify for payment, and
(b) the levels at which payment may be made.
(3) A bylaw under subsection (1) may do one or more of the following:
(a) provide greater remuneration for mayor, deputy mayor and acting mayor than for other local government members;
(b) limit the types of activities that may qualify for payment under subsection (1) (b) or (c);
(c) set different levels for different types of expenses and expenditures.
(4) At least once a year, the local government must have prepared a report separately listing for each local government member, officer and employee by name
(a) the total amount of remuneration paid to the local government member, officer or employee, including any amount specified as an expense allowance, and
(b) the total amount of expense payments for the local government member, officer or employee.
(5) The report under subsection (4) must be considered by the local government at least once a year at a local government meeting that is open to the public and a copy of the report must be available for public inspection at the community office during its regular office hours from the date when it is considered by the local government until one year after that date.
(6) On payment of the applicable fee set under subsection (7), a person may obtain from the clerk or secretary copies or excerpts, as requested, of a report under subsection (4).
(7) A local government may, by bylaw, set fees for the purposes of subsection (6) (OPTION: delete requirement for reporting of officer and employee remuneration and expenses).
(8) Without limiting section 267, a local government may enter into agreements for benefits for local government members and their dependants, including medical and dental services and insurance policies.
(9) A local government may provide all or part of a premium required by an agreement under subsection (8) for accident insurance coverage for local government members while on community business.
(10) Other than a premium referred to in subsection (9), a local government must not provide all or part of the premium required by an agreement under subsection (8).
97 (1) An act or proceeding of a local government is not valid unless it is authorized or adopted by bylaw or resolution at a meeting of the local government.
(2) If an enactment provides that a local government is required or empowered to exercise the power by bylaw, that power may only be exercised by bylaw.
(3) Except as restricted by subsection (2), the powers of a local government may be exercised by resolution or bylaw.
98 (1) Before a bylaw is adopted by a local government, it must be given 3 readings by the local government (OPTION: require a clear day between 3rd reading and adoption).
(2) If this or another Act requires that a bylaw receive the assent of the electors the assent must be obtained after the bylaw has been given third reading and before it is adopted.
(3) Once adopted, a bylaw must be
(a) signed by the mayor or chair or other presiding member of the local government meeting at which it was adopted (OPTION: provide for situations where mayor or chair refuses to sign bylaw),
(b) signed by the clerk or secretary, and
(c) sealed by the clerk or secretary with the corporate seal of the community (OPTION: leave question of corporate seal up to each local government).
99 A bylaw comes into force on the date of the adoption or on a later date fixed by the bylaw (OPTION: permit retroactivity in prescribed circumstances).
100 (1) If a bylaw establishes a lawful regulation or requirement to be observed in the community, a person who breaches the regulation or requirement commits an offence, punishable in the same manner as if the bylaw had expressly forbidden persons from doing or refraining from doing the act.
(2) In a prosecution for an offence against a municipal bylaw, the justice or court may impose the whole or part of the penalty or punishment authorized by the bylaw, this Charter or the Offence Act, together with the costs of prosecution.
(3) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justice or court may, by order, authorize all or part of the penalty and costs to be levied by distress and sale of the offender's goods and chattels.
(4) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the justice or court may commit the offender to imprisonment for the term, or part of the term, specified in the bylaw.
101 (1) If a local government has authority to direct that a matter or thing be done by a person or that regulations be observed, the local government may, by bylaw, authorize officers, employees and agents of the community to enter at all reasonable times on any property that is subject to the direction to ascertain whether the requirement is being met or the regulations are being observed.
(2) If a local government has authority to direct that a matter or thing be done by a person, the local government may also direct that, if the person fails to take the required action, the matter or thing must be done at the expense of the person in default.
(3) If action in default is taken under subsection (2), the local government may recover the expense from the person, together with costs and interest at the rate prescribed under section 11(3) of the Taxation (Rural Area) Act, in the same manner as municipal taxes.
102 (1) All taxes, licence fees, fines and penalties assessed, levied and collected in a community under or by virtue of a bylaw shall be paid over to the treasurer of the community, to be applied to the special uses and accounted for by him or her in the manner the bylaw directs, and in default of any direction respecting them shall be applied and accounted for by the officer to whom they are paid over as part of the revenue of the community.
(2) Without limiting subsection (1), 75% of all fines collected in respect of highway or traffic offences committed within the community under any enactment shall be paid over to the treasurer of the community as part of the revenue of the community (OPTION: 100% of all fines other than on arterial highways to be paid over to the community).
Subdivision (2) -- Challenge of Bylaws
103 In this Division "bylaw" includes an order or resolution.
104 A bylaw, contract or other proceeding of a local government must not be set aside or declared invalid by reason only that
(a) a person sitting or voting as a member of a local government was not qualified to be a member or was disqualified from being a member of a local government,
(b) a member of a local government renounced claim to or resigned from office on a local government,
(c) an election for a local government was set aside or declared invalid after the proceeding, or
(d) an election of a local government member was set aside or declared invalid after the proceeding, or
(e) a person sitting or voting as a member
(i) had a direct or indirect pecuniary or other interest in the matter, or
(ii) was biased in any way, except under section 77(d).
105 (1) The Supreme Court, on application of an elector of a community or of a person interested in a bylaw of its local government, may set aside the bylaw in whole or in part for illegality and award costs for or against the community according to the result of the application.
(2) Subsection(1) does not apply to a security issuing bylaw providing for the issue of debenture or other evidence of indebtedness to a regional district or to the Municipal Finance Authority of British Columbia.
106 (1) Notice of the application to set aside a bylaw setting forth the grounds of the application must be served on the clerk or secretary not less than 10 days before the hearing and not more than one month after the adoption of the bylaw.
(2) Where the bylaw is a security issuing bylaw adopted under section 124, the notice must be served on the clerk or secretary not less than 5 days before the hearing and not more than 10 days after the adoption of the bylaw.
(3) An application to set aside a bylaw requiring the assent of the electors which the local government purported to adopt without assent may be heard at any time after 10 days notice of the application has been served on the clerk or secretary, and that notice may be served more than one month after the adoption of the bylaw.
107 An application for a declaratory order relating to a bylaw must not be entertained on the ground of irregularity in the method of enactment or in the form of a bylaw more than one month after the adoption of the bylaw.
108 Except for a bylaw referred to in section 106(3), an order under section 106 or a declaratory order relating to a bylaw must not be made unless the order is made within 2 months after the adoption of the bylaw.
109 A person assessed under or subject to a rate under a bylaw by which an assessment is made or a rate is imposed is not entitled to plead a defect in the bylaw as a defence to a claim for payment of that rate except by application to set aside the bylaw.
110 Where a bylaw is illegal, in whole or in part, and where anything has been done under it which, by reason of the illegality, gives a person a right of action, the action must not be brought until one month after the bylaw has been set aside in whole or in part, or until one month's notice has been given to the community. The action must be brought against the community alone, and not against a person acting under the bylaw.
111 (1) The local government of a community which adopts a loan authorization bylaw or security issuing bylaw, or a bylaw imposing a special assessment or a special rate under any Act, may apply to the Minister of Finance for a certificate approving the bylaw.
(2) A certificate must not be granted by the Minister of Finance while a proceeding in which the validity of the bylaw is called in question, or by which it is sought to quash it, is pending, or until the expiration of the time limited for giving notice of intention to make application to quash the bylaw.
(3) Notwithstanding subsection (2), if the time for giving notice of intention to make application to quash a bylaw has elapsed before the application to approve is made under subsection (1), the Minister of Finance may, in his or her discretion, disregard any proceeding in which the validity of the bylaw is in question, commenced after the application for approval was made, and proceed to give his or her certificate of approval without reference to the proceeding. The certificate, if given, must be of the same force and effect as if the action or proceeding had not been begun.
(4) Where a bylaw has been approved, the Minister of Finance may also approve the debentures or other securities issued in conformity with it.
(5) A certificate issued under subsection (4) may bear the actual or lithographed signature of the Minister of Finance.
112 (1) The Minister of Finance may, by himself or herself, or by a deputy or other person authorized by him or her, direct and hold inquiry into an application for a certificate under this Part, and may hear and determine protests. His or her decision on granting, withholding or refusing a certificate is not subject to a proceeding, mandamus, certiorari or prohibition in any court of the Province.
(2) The person holding the inquiry has in respect of it the protection and privileges, and the powers of summoning and compelling attendance of witnesses, administering an oath to witnesses, calling for production of documents and punishing for contempt, as are by law given to commis- sioners appointed under Part 2 of the Inquiry Act. The costs, fees and expenses of the inquiry shall be paid by the municipality.
113 (1) An appeal lies to an arbitrator from every decision of the Minister of Finance withholding or refusing a certificate applied for under this Part and the Commercial Arbitration Act applies.
(2) On an appeal under subsection (1) the arbitrator must hear and determine the matter, and may confirm or vary the decision of the Minister of Finance.
(3) The determination on the appeal is conclusive and binding on all parties, including the Minister of Finance.
114 (1) The production of a certificate issued under this Part or of the certified copy of a certificate is, in all courts and places and for all purposes whatsoever, conclusive evidence that the bylaw, debenture or other security described in or covered by the certificate has been validly made and issued and that all statutory and other requirements have been complied with, and the validity of the bylaw, debenture or other security must not be attacked or questioned or adjudicated on in any proceeding in any court of the Province.
(2) The certificate may be in the following form: Pursuant to the Community Charter, I certify that this bylaw [debenture or other security, as the case may be] has been lawfully and validly made and enacted [or made and issued, as the case may be] and that its validity is not open to question on any ground whatever in any court of the Province of British Columbia.
Dated ....................... [month, day], 19.... .
.....................................\Minister of Finance
Part 4 -- Financial Operations
Division (1) -- Treasurer and Collector
115 (1) The local government must appoint a treasurer, who, in addition to the duties and powers prescribed by the local government is responsible for
(a) keeping or supervising the keeping of all funds and securities of the community,
(b) receiving all money paid to the community,
(c) disbursing the community's funds in accordance with the procedures laid down by bylaw of the local government,
(d) keeping or supervising the keeping of a full account of all money received, receivable, disbursed and expended by him or her or by another person for the community,
(e) keeping or supervising the keeping of a full account of all assets and liabilities, and of all transactions affecting the financial position of the corporation,
(f) preparing interim financial statements under any municipal regulations,
(g) compiling and supplying information on municipal financial affairs required by the inspector,
(h) keeping accounts and records for every tax, and
(i) keeping accounts necessary to exhibit at all times the amount of money raised, obtained and appropriated for each debt retirement fund.
(2) The treasurer may invest revenue funds, until required, in
(a) investments authorized under this Charter, and
(b) pooled investment funds under section 13.1 of the Municipal Finance Authority Act.
(3) The treasurer may inspect the records of and direct an official of the community or of an administrative body handling municipal funds, in matters involving his or her responsibility.
(4) It is a good defence to any action brought against the treasurer for unlawful expenditure of municipal funds if it is proved that he or she, in writing, over his or her signature, warned the local government that in his or her opinion the expenditure would be unlawful.
(5) The local government must appoint a collector to collect revenues for and on behalf of the community.
Division (2) -- Spending and Borrowing Limitations
116 (1) Except as otherwise provided in this Division, a local government shall not expend monies or otherwise incur a liability beyond the amount of revenue of the community for the current year.
(2) Despite subsection (1), a local government may incur a liability if it
(a) arises out of a contract for the supply of materials, equipment or services
(i) for a term of 5 years or less, or
(ii) with the assent of the electors, for a term not to exceed 20 years,
(b) arises under a lease, agreement for sale, mortgage or other agreement
(i) by which the local government acquires, or finances its acquisition of, real property or real property and related per sonal property, and
(ii) that has a term of 10 years or less,
(c) arises under a lease, agreement for sale, mortgage or other agreement
(i) by which the local government acquires, or finances its acquisition of, real property or real property and related per sonal property,
(ii) that has a term exceeding 10 years, and
(iii) that has received the assent of the electors,
(d) arises under a lease, agreement for sale, mortgage or other agreement with Canada or the Province by which the local government acquires, or finances its acquisition of, real property or real property and related personal property,
(e) arises under a lease for library purposes,
(f) arises under a lease, agreement for sale, mortgage or other agreement
(i) that has a term of 25 years or less, and
(ii) by which the local government acquires, or finances its acquisition of, real property or real property and related per sonal property for use as a residential, commercial, or industrial area, or
(g) is authorized under section 118 or 131 (OPTION: delete time limits and requirement for assent).
(3) Except for a liability referred to in subsection (2)(a)(i), a liability referred to in subsection (2) must be authorized by bylaw.
(4) Assent of the electors as required by subsection (1) is obtained if, by a vote in accordance with section 155(5)(a) for the service area or service areas in respect of which the liability is incurred, a majority of the votes counted as valid for that area or areas, as applicable, is in favour of the agreement.
(5) A bylaw, other than a bylaw under section 132, shall not authorize a debt for capital purposes unless
(a) the term for the repayment is the lesser of the following:
(i) 30 years,
(ii) the reasonable life expectancy of the work for which the debt is contracted, and
(b) the debt is included in its capital expenditure bylaw prepared under section 164.
117 Despite section 116, section 122 applies to the requirement for the assent of the electors in respect of any lease, agreement for sale, mortgage or other agreement where the object of the agreement is specified in section 122(1) (OPTION: delete exception respecting services provided under Division
(5) by a corporation pursuant to a service agreement).
118 (1) A local government may, by a loan authorization bylaw adopted under the formalities and restrictions in this Charter, provide for contracting debts by borrowing.
(2) The funds borrowed or obligation incurred may be used only for a capital purpose within the jurisdiction of the local government, unless otherwise provided in this Charter.
119 (1) No debt shall be contracted by a municipality which causes the aggregate debt for all purposes, other than those listed in subsection (2), to exceed 20% of the total of
(a) the value of W represented in the formula
|
W = |
X (x%) + Y (y%) + Z (z%) |
|
|
|
|
3 |
where
X = the total taxable value for general municipal purposes of the taxable land and improvements in the municipality for the current taxation year, determined under section 26(7) of the Assessment Act,
x% = a percentage that is prescribed by the Minister of Finance for the municipality for the taxation year referred to in X,
Y = the total taxable value for general municipal purposes of the taxable land and improvements in the municipality for the taxation year immediately preceding the taxation year referred to in X, determined under section 26(7) of the Assessment Act,
y% = a percentage that was prescribed by the Minister of Finance for the municipality for the taxation year referred to in Y,
Z = the total taxable value for general municipal purposes of the taxable land and improvements in the municipality for the taxation year immediately preceding the taxation year referred to in Y, determined under section 26(7) of the Assessment Act,
z% = a percentage that was prescribed by the Minister of Finance for the municipality for the taxation year referred to in Z, and
(b) the value of the utility systems and other municipal enterprises, the value to be determined by the cost of the systems and enterprises less the amounts approved by the auditor for depreciation.
(2) Subsection (1) does not apply to debt for temporary current borrowings, debt for school or hospital purposes, and 1/2 of the debt for utility systems or other municipal enterprises.
120 (1) In calculating borrowing power under section 119, the unencumbered funds or securities held at the credit of a sinking fund or debt repayment fund, other than those for debts for school purposes and 1/2 of those held for debt for utilities or other municipal enterprises shall be deducted from the total debt outstanding.
(2) A debt shall not be contracted for a term longer than 30 years or the reasonable lifetime expectancy of the work for which the debt is contracted, whichever is the shorter.
(3) A debt other than for temporary current borrowing shall not be contracted unless it conforms to the capital expenditure program adopted by council under section 163.
(4) The total debt may exceed the limits in sections 119.
121 (1) A loan authorization bylaw shall recite
(a) the debt to be created, and in brief and general terms the object for the debt,
(b) the amount of the assessed value for general municipal purposes of the taxable land and improvements, determined under the Assessment Act, for the current year and for each of the 2 years immediately preceding the year in which the debt is to be created,
(c) the depreciated value as at December 31, in the year immediately preceding the year in which the debt is to be created, of the type of utility systems and other municipal enterprises described in section 119(2),
(d) the amount of existing outstanding debenture debt of the community, the amount of debenture debt of the community authorized and unissued, and the amount, if any, of the principal and interest of the debenture debt in arrears,
(e) the maximum term for which the debentures may be issued.
(2) A loan authorization bylaw shall not be submitted to the electors or adopted unless the necessary consent or approval required by any Act has been obtained.
(3) It is not necessary to recite in the bylaw of a municipality the debt of a regional district or regional hospital district, other than under section 363. Debt of a regional district or regional hospital district shall not be included in the general debt of a municipality for the purpose of determining its borrowing powers.
122 (1) A loan authorization bylaw requires the assent of the electors except where the money to be borrowed is for
(a) services provided under Division (5) by the community,
(b) services provided under Division (5) by a corporation wholly owned by the community or a corporation pursuant to a service agreement with the community,
(c) drainage, sewerage or waterworks services, or a utility, or where a project is being financed in whole or in part by the Province or Canada, and the bylaw is adopted by at least 2/3 of the members of the local government,
(d) works under an order of the Inspector of Dykes,
(e) works required to be carried out pursuant to an order under section 22.1 of the Waste Management Act,
(f) works required to be carried out pursuant to an order under the Environment Management Act (OPTION: delete exception respecting services provided under Division
(5) by a corporation pursuant to a service agreement), or
(g) works required to be carried out pursuant to an order under the Health Act.
(2) Subsections (1)(b) and (c) applies only where no petition has been presented following publication by the local government in at least 2 issues of a newspaper and posting on the notice board or usual place for publishing notices at the Community office of a notice setting out
(a) in general terms the work proposed, by description or by reference to a plan of the work,
(b) the amount proposed to be borrowed,
(c) the length of time for repayment, and
(d) a statement that the local government may adopt the bylaw unless, within 30 days of the last newspaper publication of the notice, not less than 1/20 of the electors petition the local government to submit the bylaw to the electors for assent.
123 (1) Instead of a loan authorization bylaw for one purpose, a local government may adopt a comprehensive loan authorization bylaw to borrow money to carry out works and services specified in the bylaw during a period of up to 10 years specified in the bylaw.
(2) As a limit on subsection (1), a community may not adopt a comprehen sive loan authorization bylaw unless the following requirements are met:
(a) the assent of the electors of the community has been obtained to a question setting out
(i) the total amount proposed to be borrowed under the bylaw,
(ii) the works and services covered by the bylaw,
(iii) the amount allocated by the bylaw to each of the specified works and services, and
(iv) the beginning and ending dates of the authority to borrow under the bylaw.
(3) The total money authorized to be borrowed by a comprehensive loan authorization bylaw must not exceed the amount stated in the question under subsection (2)(c).
(4) For the purposes of section 7(1), any number of specified works and services is deemed to be a distinct purpose.
(5) The local government may, by bylaw adopted by 2/3 of the members and without the assent of the electors, vary the works, services and allocations in a comprehensive loan authorization bylaw.
124 A loan authorization bylaw expires 5 years, and a comprehensive loan authorization bylaw expires 10 years, from the adoption of the bylaw for any part of the amount authorized not already included under a security issuing bylaw or used to secure temporary borrowing under section 129.
125 (1) The local government may by a security issuing bylaw provide for the issue of debentures or other evidence of debt under the authority contained in one or more loan authorization or comprehensive loan authorization bylaws or for a part of the debt so authorized.
(2) A bylaw under subsection (1) shall provide that a sum shall be levied and raised by real property taxes each year by a rate sufficient
(a) to make the annual payments for interest and principal,
(b) to make up a known or anticipated deficiency in the amount raised or to be raised by a special charge, rate or tax for the annual interest and principal payments, or
(c) where it is anticipated that the revenue from the undertaking for which a debt is created will be insufficient to meet the annual payments, to make up that deficiency.
(3) A bylaw under subsection (1) shall identify the loan authorization bylaws which authorize the borrowing, and shall specify
(a) the amount of borrowing authorized by each bylaw,
(b) the amount already borrowed under each bylaw,
(c) the amount remaining to be borrowed under each bylaw, and
(d) the amount now being issued under each authorization bylaw.
The proceeds of the borrowing shall be allotted proportionately for the purposes of each bylaw.
126 A security issuing bylaw shall not be adopted while any proceeding in which the validity of a loan authorization bylaw containing the authority under which the security issuing bylaw is to be adopted is called in question or by which it is sought to be set aside is pending, or until the time expires for giving notice of intention to apply to set aside the loan authorization bylaw.
127 (1) A bylaw under section 125 may authorize the issue of
(a) debentures under terms where repayment of principal and payment of interest on principal are combined into blended payments of principal and interest payable annually, for the duration of the debentures, as nearly as practicable in equal amounts, and in this case the bylaw shall set a specific sum for each payment,
(b) debentures under terms where payment of interest on principal is biannual or annual and repayment of principal is made by specific instalments for the duration of the debentures, and in this case the bylaw shall set a specific sum required for each payment of interest, and specific sums in each year where required for payment of the instalments of principal,
(c) sinking fund debentures for a term not exceeding 30 years if the payment of interest and the repayment of principal is to be guaranteed by the Province and if the sinking fund payments are to be made to and administered by the Minister of Finance.
(2) The bylaw under section 125 may provide, where a regional district is to finance an undertaking for the municipality under section 363, that the mayor and treasurer, on behalf of the municipality,
(a) shall sign and deliver debentures to the regional district in an amount sufficient to meet the obligations of the regional district for its borrowing, or
(b) shall make an agreement with the regional district for payment by the municipality to the district of the amount required to meet the obligations of the district for its borrowing, and the agreement shall rank as debenture debt of the municipality.
(3) The debentures or agreement under subsection (2) shall set out the schedule of repayment of principal and the interest to be paid on unpaid amounts.
(4) A bylaw under subsection (2) is the regional district's authority to proceed under section 363. The bylaw shall not be amended or repealed without the consent of the regional board.
(5) The bylaw may provide that the debt, and all debentures or other obligations outstanding issued for it, may be called in and paid at any time before maturity on terms as to notice or otherwise specified by the bylaw.
128 (1) All debentures issued under the same security issuing bylaw shall bear the same date, unless the bylaw provides for 2 or more series of debentures, when all debentures in the same series shall bear the same date.
(2) Interest accrued on a debenture at the date of its delivery to the purchaser by the municipality shall be payable by the purchaser to the community.
129 (1) A local government which has adopted a loan authorization bylaw may, by bylaw, without further assents or approvals, borrow temporarily, by the issue of temporary securities or by pledging with the lender the issued and unsold debentures, money not exceeding in all the difference between the total amount authorized by the loan bylaw and the face value of debentures issued and sold. The money so borrowed shall be used solely for the purposes set out in the loan authorization bylaw. The proceeds from a sale of the debentures or as much as may be necessary shall be used to repay the money temporarily borrowed.
(2) On the date when a security is payable under this section, unless renewed by mutual agreement for a further term, the lender is entitled to receive, in payment of the obligation created by the security, debentures having a total par value equal to the face value of the security.
130 The local government may invest temporarily in investments under section 166(2) part or all of the proceeds obtained from the sale of debentures. Interest earned on the investment shall be used solely for the purposes for which the debentures were created or to pay interest on them.
131 (1) Notwithstanding other provisions of this Charter, where the local government deems it necessary or advisable to contract a debt for any purpose of a capital nature, not in excess of an amount calculated under this section and repayable within the time required by this section, the local government may, by bylaw, without the assent of the electors, contract the debt by borrowing.
(2) A bylaw under this section is not valid if it is not governed by the following provisions:
(a) the debt outstanding under this section must not exceed at any time a sum equal to the aggregate debt multiplied by the community population,
(b) the bylaw shall state a date on which it is to take effect,
(c) the debt and the securities to be issued for it shall be payable on or before 5 years from the date of the securities,
(d) the securities issued for the debt shall be dated in the same calendar year in which the bylaw is adopted,
(e) the bylaw shall provide that sums be raised and levied in each year during the currency of the securities sufficient to pay interest and repay principal when due.
(3) Securities issued under a bylaw adopted under this section rank as debenture debt of the community.
(4) A bylaw under this section must
(a) not be adopted until its terms, the nature and form of securities to be issued, the terms of repayment and the project have been who may, before granting approval, require the council to submit a budget of capital expenditures for the next 5 years and the proposed method of financing the expenditures,
(b) recite the amount of the debt intended to be created and in reason able detail the object for which it is to be created, the amount of existing obligations authorized under this section, the amount of the existing municipal debenture debt and of the principal and interest in arrears, if any, and the consents or approvals required by any Act that have been obtained.
(5) Debentures and other instruments relating to the contracting or repayment of debts, authorized to be executed for a community, unless other wise specially authorized, shall be sealed with the seal and signed by the mayor or chairperson and treasurer.
(6) A local government may provide by bylaw that some other person or persons shall sign the debentures or other instruments in place of the persons mentioned in subsection (5).
(7) The coupons attached to a debenture shall bear the signatures of the persons signing the debenture.
(8) Signatures to the debentures and coupons may be written in any visible form.
(9) A debenture or other instrument which does not comply with this section is not valid.
132 (1) Notwithstanding any provision of this Charter, the local government, without the assent of the electors, may provide by bylaw for the borrowing of money that may be necessary to meet current lawful expenditures.
(2) The debt outstanding under this section shall not exceed at any time the sum of the unpaid taxes for all purposes levied during the current year and the money remaining due from other governments.
(3) Prior to the adoption of the annual rate bylaw in any year, the taxes in the current year shall be deemed to be 75% of all taxes levied for all purposes in the preceding year.
(4) Unpaid taxes and taxes of the current year when levied, shall be used, when collected, as may be necessary, to repay money so borrowed.
(5) The taking of special security under this section shall not limit or affect in any way the general liability of the community for any money authorized to be borrowed under this section.
133 (1) A debenture issued for a community, payable to bearer, or to a person named in it or bearer, may be transferred by delivery. Transfer by delivery vests the property of the debenture in the holder and enables him or her to maintain an action on it in his or her own name.
(2) A debenture issued and payable to a person or order is, after endorsement in blank by the person, transferable by delivery. A debenture transferable by delivery may be subsequently made payable to a person or his or her order and registered under section 134.
134 (1) A debenture may contain or may have endorsed on it a provision to the following effect: This debenture, or an interest in it, is not, after a certificate of ownership has been endorsed on it by the Treasurer of this municipality, transferable except by entry of the Treasurer or his or her deputy in the debenture registry book of the municipality at the ................ of ............... .
(2) The treasurer, on application of the owner of the debenture or an interest in it, shall endorse on the debenture a certificate of ownership, and shall enter in the debenture registry book a record of the certificate, of every certificate subsequently given and a memorandum of every transfer of the debenture.
(3) A certificate of ownership shall only be endorsed on a debenture on the written authority of the person last entered as its owner, his or her personal representative or the attorney of either. The authority shall be retained by the treasurer.
(4) A debenture with a certificate of ownership endorsed on it is transferable only by entry by the treasurer in the debenture registry book, after a transfer is authorized by the then owner, his or her personal representative or the attorney of either.
(5) The treasurer may cancel a certificate of ownership on the written request of the person named as owner, his or her personal representative or the attorney of either. The debenture is then payable to bearer and transfer able by delivery.
135 A community is not bound to see to the execution of a trust, express, implied or constructive, to which a community debenture or security is subject.
136 (1) In a proceeding on a debenture, it is not necessary for the plaintiff to plead or prove how he or she became its holder, or to plead or prove the notices, bylaws, or other proceedings under which the debenture was issued. It is sufficient in the pleading to describe the plaintiff as the holder of the debenture, alleging any endorsement in blank, to state shortly its legal effect and to make proof accordingly.
(2) Debentures issued under a bylaw adopted under this Charter are valid and binding on the community, notwithstanding an insufficiency in form or otherwise of the bylaw or debenture, or in the community's authority, where the bylaw has received the assent of the electors, where necessary, and no successful application has been made to set it aside within the time allowed by this Charter.
(3) Debentures issued under a bylaw which has not been set aside by a court within a year of its adoption are, where the interest due has been paid for one year by the community, valid and binding, as is the bylaw, on the community, the electors, the rate payers and on all parties concerned.
137 Debentures issued for a community may be made payable as to both principal and interest in Canada in Canadian currency, in the United States in United States currency, or in the United Kingdom in sterling.
138 Debentures, when issued, may be disposed of by the local government, or by the person appointed by the local government for that purpose, to a person as deemed expedient, at a rate below par if deemed necessary. A debenture is recoverable to its full amount, despite its negotiation by the community at a rate less than par value.
139 (1) A lost, stolen or destroyed debenture, where notice of loss, theft or destruction is given to the local government, and neither the debenture nor any of its coupons has been presented for payment, may on application, accompanied by proof of the facts satisfactory to the local government, be replaced by the local government, after the expiration of 6 months from the receipt of the notice, by a duplicate debenture, with coupons attached. The duplicate shall be printed in a manner distinguishing it from the original debenture.
(2) The applicant shall pay the costs of printing and deliver to the community a bond or policy of an insurer or guarantor carrying on business in the Province and approved by the local government, in the amount of the debenture and interest indemnifying the community and its paying agents against loss or damage.
(3) Debentures which, for any reason are to be cancelled and destroyed shall be cancelled and destroyed under the supervision of the mayor, the treasurer and the auditor who shall forward to the Minister of Finance a certificate attested to by the treasurer that the cancellation and destruction has been effected under this section.
140 (1) The local government may by bylaw, without the assent of electors, refinance all or a part of the community's outstanding debenture debt by authorizing the issue of new debentures to those bond holders who consent at the same or a lower rate of interest, but for a longer term, to replace debentures previously issued, and may rearrange the debt charges required to be levied that may be necessary by the new issue.
(2) For each new debenture issued, outstanding debentures of a like amount shall be cancelled so that the community's debenture debt shall in no way be increased by the new debentures.
(3) A new debenture shall not be issued extending the final maturity date by more than 10 years.
(4) A further bylaw shall not be adopted authorizing the issue of debentures in place of new debentures issued under this section.
141 (1) Subject to this section, money borrowed by a community under any Act shall not be used for a purpose other than that specified in the bylaw authorizing the borrowing.
(2) The local government may by bylaw adopted with the assent of the electors, use all or a part of money borrowed for a specific purpose and not repayable in the current year for any other lawful purpose of the community.
(3) On completion of a work for which money has been borrowed and payment of the costs of the work, the local government may by bylaw provide for the use of any unexpended money so borrowed
(a) to retire debentures issued for the work,
(b) to purchase and cancel debentures issued for the work,
(c) for expenditures of a nature similar to the purpose in the bylaw authorizing the money to be borrowed,
(d) for a reserve fund for matters in paragraph (a), (b) or (c), and Part 7 applies, with the necessary changes and so far as applicable.
142 (1) A member of a local government who votes for a bylaw or resolution authorizing the expenditure of money contrary to section 141, and a treasurer or other municipal employee who obeys the bylaw or resolution, and a municipal officer who of himself or herself disposes of money contrary to the section, is personally liable to the community for the amount.
(2) A sum due the community under this section may be recovered by it or by an elector suing in the name of the community or suing on behalf of himself or herself and all other electors of the community, or by the holder of a security suing in the name of the community.
(3) It is a good defence to a proceeding brought under this section against a treasurer or other employee of a community if it is proved that he or she, in writing, over his or her signature, gave warning to the local government that the effect of the bylaw or resolution was to authorize use of money contrary to section 141.
(4) In addition to any other penalty, a member of a local government who votes as described in section 140(1) is disqualified from holding any local government for a period of 5 years from the date of his or her vote.
(5) A member of a local government who votes for a bylaw or signs any obligation in violation of a provision in sections 117 to 132, or who agrees to a violation of a provision in those sections, is disqualified from holding any local government office for 5 years.
Division (3) -- Frontage and Parcel Taxes
143 In sections 143 to 153 "actual frontage" means the distance which a parcel of land actually abuts on the work or highway,
"taxable frontage" means the actual frontage or, where applicable, the distance which a parcel of land is deemed to abut on the work or highway, and in respect of which parcel the frontage tax is levied for the work or service,
"total actual frontage" means the sum of the actual frontage of the parcels of land which actually abut on the work or highway,
"total taxable frontage" means the sum of the taxable frontage of the parcels of land which abut or are deemed to abut on the work or highway.
144 (1) Where, under any Act, the local government is empowered or has a duty to levy the frontage tax,
(a) the frontage tax must not be imposed except by bylaw, and the frontage tax levied in any year on each parcel of land to be taxed except as otherwise provided in sections 144 to 153 is the product of the taxable frontage and the annual rate, and
(b) in a bylaw adopted under paragraph (a) there must be set out for the work or service for which the frontage tax is levied the total actual frontage, the total taxable frontage and the sums required to be raised annually during the period set out in the bylaw.
(2) The local government may, in a bylaw adopted under this section, provide that
(a) where the distance that a parcel of land abuts on the work or highway is less than a stated minimum, the taxable frontage must be a stated minimum distance,
(b) where the distance that a parcel of land abuts on the work or highway is more than a stated maximum, the taxable frontage must be the stated maximum distance, and
(c) the assessment of corner parcels of land, parcels of abnormal or irregular shape or situation, and rights of way of railways and utilities may be varied in the manner and to the extent provided in the bylaw, to the end that they may be dealt with in a fair and equitable manner as compared with other parcels.
(3) For the purposes of sections 143 to 153, the local government may define a regularly shaped parcel of land.
(4) Where a frontage tax is levied on
(a) a triangular or irregularly shaped parcel of land,
(b) a parcel of land wholly or in part unfit for building purposes,
(c) a parcel of land which does not abut on the work or highway but is nevertheless deemed to abut on the work or highway, or
(d) a parcel of land which not only abuts on a sewer but is also traversed by the sewer,
the taxable frontage must be the distance fixed by the collector or other person named by the local government, who, in fixing the distance, must have due regard to the condition, situation, value and superficial area of the parcel compared with other parcels of land, or to the benefit derived from the work or service, to bring the frontage tax, when imposed, to a fair and equitable basis.
(5) Except where a frontage tax is levied under section 358(2) and the bylaw provides for a fixed rate by distance of taxable frontage to remain in force from year to year until altered or repealed, the annual rate is the quotient of the sums required annually under the bylaw and the total taxable frontage.
(6) Where land is held or occupied under section 258 or 259, the frontage tax on the land is collectable and must be paid by the person who holds or occupies the land.
145 Where the local government is empowered to impose a frontage tax it may, instead of imposing it, impose a tax with respect to each parcel or group of parcels at the same rate for each parcel or group of parcels, and this division applies, with the necessary changes and so far as are applicable.
146 (1) Before a frontage tax is imposed, the collector or other person named by the local government must, at the local government's direction, prepare a frontage tax assessment roll.
(2) The collector or other person named by the local government must set down on the frontage tax assessment roll for each parcel assessed the name of the owner, the actual frontage and the taxable frontage.
(3) On the local government's direction, the collector or other person named by the local government must revise the frontage tax assessment roll by assessing in accordance with sections 143 to 153 all parcels of land which under the bylaw by which the frontage tax was and is imposed are to have become subject to the tax, whether or not the parcels were included in the original or last revised frontage tax assessment roll.
(4) When the collector or other person named by the local government has revised the frontage tax assessment roll under subsection (3), and the revised roll has been confirmed and authenticated under section 149, the total actual frontages and the total taxable frontages must be adjusted accordingly, and the new totals must be noted on the applicable bylaw adopted under section 144(1), and the bylaw must be deemed to be amended accordingly, or the local government may amend the bylaw accordingly.
147 (1) Where the collector is of the opinion there has been a change in assessment, the collector must mail to the owner of every parcel of land which is to be taxed a notice in a form prescribed by the local government giving the particulars of the work or service, the actual frontage and the taxable frontage, as shown on the frontage tax assessment roll, and the time and place of the first sitting.
(2) The obligation to give notice under subsection (3) is considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
(3) The frontage tax assessment roll or the frontage tax assessment roll as revised must be kept open for inspection at the office of the collector or other person named by the local government for at least 10 days after the mailing of the notice.
(4) The local government or a committee of it must hear complaints and may review and correct the frontage tax assessment roll as to the names of the owners of parcels of land and the actual and taxable frontage of the parcels (OPTION: provide for a "court of revision" instead of the local government or a committee of it).
(5) A complaint must not be heard by the local government or a committee of it unless written notice of it has been made to the office of the collector or other person named by the local government at least 48 hours prior to the time appointed for the sitting of the local government.
148 (1) Where it appears to the local government or a committee of it that a parcel of land which has not been assessed for frontage tax should be so assessed, the local government or a committee of it may direct that the parcel be assessed, and must fix its actual and taxable frontages.
(2) No final determination under subsection (1) and no final correction of a frontage tax assessment roll whereby the actual or taxable frontage of a parcel is increased must be made until 5 days after a notice or further notice has been mailed to the owner of the parcel setting forth the intention of the local government or a committee of it and the time and place fixed for the adjourned sitting of the local government or a committee of it at which the direction or correction is intended to be given or made.
(3) The obligation to give notice under subsection (2) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
149 (1) The local government or a committee of it must see that alterations are made in the frontage tax assessment roll or revision of it in accordance with the directions contained in the minutes of the proceedings of the local government or a committee of it and initial in red ink each alteration.
(2) The local government or a committee of it must identify, confirm and authenticate the roll or revision of it by inscribing or endorsing on it or attaching to it a certificate, which must be signed by a majority of the members of the local government or a committee of it, and which may be in the following form: This frontage tax assessment roll [or this frontage tax assessment roll as amended], comprising ............... , and representing a total actual frontage of ............... , and a total taxable frontage of ............... , is hereby confirmed by local government of ............... , and, except as may be amended on further appeal, is hereby certified to be the frontage tax assessment roll for [state purpose]. Dated .............................. [month, day], 19.... . .............................. .............................. ..............................
150 The frontage tax assessment roll or revision of it as confirmed and authenticated by local government or a committee of it is, except in so far as it may be further amended on appeal, valid and binding on all parties concerned, notwithstanding any omission or any defect or error committed in or with regard to the roll, or any defect, error or misstatement in any notice required, or the omission to mail the notice.
151 The frontage tax imposed on each parcel of land must be shown by the collector on the property tax roll.
152 (1) If a parcel of land taxed under sections 143 to 153 is subdivided, the collector must apportion among the various parcels of land into which it has been subdivided the frontage tax imposed on that parcel.
(2) The collector must make the alterations in the property tax roll necessary to give effect to an apportionment made under subsection (1), and the frontage tax as varied is valid and binding on all persons and real property concerned.
(3) An apportionment or reapportionment of a frontage tax under this section must not in any way invalidate or adversely affect a debenture of the community. An apportionment or reapportionment must not be deemed to be the making of a new frontage tax assessment or in any way invalidate, reopen or affect the frontage tax assessment roll other than for the land in respect of which the apportionment or reapportionment has been made. An apportionment or reapportionment need not be authorized or confirmed by bylaw or local government.
153 (1) The local government may advance sums required to meet expenditures lawfully payable out of the proceeds of a frontage tax or to make up deficiencies pending levy and collection, and must recoup the general funds of the community when the proceeds are received.
(2) The local government may borrow sums requisite for the purposes mentioned in subsection (1) as part of its annual borrowings in anticipation of current revenue.
(3) This section does not authorize borrowing beyond the amount otherwise fixed by this Charter.
Division (4) -- Business Improvement Area
154 (1) In this section
"applicant" means a corporation, association or organization applying to the local government for a grant of money under this section,
"business area" means an area in a community where business or commerce is carried on,
"business improvement area" means a business area designated by bylaw as a business improvement area under subsection (3)(a),
"business promotion scheme" means
(a) carrying out studies or making reports respecting one or more business areas,
(b) the improvement, beautification or maintenance of streets, sidewalks or community owned land, buildings or structures in one or more business improvement areas,
(c) the conservation or heritage property in one or more business improvement areas, and
(d) the encouragement of business in one or more business improvement areas.
(2) Notwithstanding section 59, but subject to this section, a local government may, by majority vote, grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.
(3) Before a local government grants money under subsection (2), the local government must by bylaw
(a) designate the appropriate business area as a business improvement area,
(b) name the applicant to which the money will be granted,
(c) establish the amount of money to be granted,
(d) require that the money granted must be expended only
(i) by the applicant to which the money is granted, and
(ii) in accordance with the conditions and limitations set out in the bylaw and for a business promotion scheme set out in the bylaw, and
(e) require that all or part of the money granted to the applicant, as determined by the local government, be recovered within the busi ness improvement area from owners of land or improvements, or both, or from other persons from whom charges provided in this Charter may be collected in the business improvement area.
(4) For the purpose of a requirement under subsection (3)(e), the local government may levy and impose within the business improvement area any or all of the following:
(a) a rate on land or improvements, or both, that fall or would fall within Class 5 or 6 of the Assessments Classes and Percentage Levels Regulation, B.C. Reg. 438/81, as that regulation stands on the day this section comes into force,
(b) a frontage tax,
(c) other charges provided in this Charter.
(5) Where a local government enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without restricting the generality of the foregoing must, by the bylaw,
(a) require that the applicant submit each year a budget for approval by the local government,
(b) require the applicant to account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and
(c) require the applicant to take out and maintain insurance of the type and in the amount specified in the bylaw.
(6) Section 155(5)(b) and (c), (6) and (7) applies to a bylaw under this section and, for these purposes, a business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service.
(7) Sections 157 and 158 apply in respect of a business improvement area as if it were a specified area.
(8) Division (4) of Part 6 and Division (3) of Part 7, as applicable, apply in respect of rates, taxes and charges imposed under this section.
(9) A bylaw designating a business improvement area ceases to have effect on the earlier of
(a) 5 years from the date the bylaw comes into force, or
(b) a date specified in the bylaw.
(10) The Lieutenant Governor in Council may make regulations considered necessary or advisable respecting business improvement areas, and respecting business promotion schemes (OPTION: limit business improvement areas to municipalities).
Division (5) -- Specified Service Areas
155 (1) The local government may by bylaw undertake a service for the special benefit of a specified service area of the community (OPTION: provide for "local" and "extended" services for regional districts, which would require, respectively, different procedures for consent or assent).
(2) The local government must, in a bylaw adopted under this section,
(a) describe the service being established,
(b) define the boundaries of the specified service area,
(c) identify all municipalities and electoral areas that include participating areas for the service,
(d) identify the charge, fee, tax or levy that will be imposed in the specified service area,
(e) if applicable, identify the method of apportionment of costs between affected municipalities and electoral areas in the specified service area, and
(f) identify the cost of the service to be borne by owners of real property in the specified service area or the users of the service, or both.
(3) The cost of the service determined by the local government and specified in the bylaw under paragraph 2(f), must be borne by the owners of real property within the specified area or the users of the work or service, or both, and for that purpose the local government may subject to section 348 levy and impose within the area any charge, fee, tax or levy provided in this Charter, or any combination of these methods.
(4) The local government may, by bylaw,
(a) provide that the charge, fee, tax or levy imposed under subsection (3) may be commuted for payment in cash (OPTION: limit commutation to frontage tax),
(b) set terms and conditions for a commutation under paragraph (a), and
(c) specify circumstances in which a commutation under paragraph (a) may be refused.
(5) Subject to the Waste Management Act and subsection (6), a bylaw under this section must receive, for each participating area within the proposed specified service area
(a) the assent of the electors,
(b) a request by a petition, and, Division (1) of Part 1 applies, or
(c) an initiative plan, and, Division (1) of Part 1 applies.
(6) A board may by resolution
(a) passed by at least 2/3 of the votes cast, and
(b) with the consent of a council in respect of the area in a municipality,
permit assent to be given by the electors, the petition request or the initiative plan, in the entire proposed specific service area (OPTION: permit regional boards to proceed with certain prescribed services where councils or electoral area directors refuse to consent).
(7) For a proposed regional district service area that includes all of a municipality, the council may waive the requirements of subsection (5) by consenting to the bylaw and notifying the board of its consent.
(8) For a proposed regional district service area that includes all of an electoral area and that can be established without borrowing, the board may waive the requirements of subsection (5) by consenting to the bylaw and obtaining the written consent of the electoral area director.
(9) The local government may advance sums required pending the collection of a rate, tax or charge levied under this section and recoup the general funds of the community when they are collected.
(10) For the purpose of ascertaining the capital cost portion, if applicable, of a service under paragraph 2(f), the local government may include
(a) construction costs,
(b) planning, engineering and legal costs,
(c) cost of advertising and mailing of notices,
(d) interest on loans, and discount and expenses relating to security issuing bylaws,
(e) costs related to compensation for land taken or injuriously affected,
(f) latecomer charges under the Planning Act.
(11) The cost of a service under paragraph 2(f) must be reduced by the amount of revenue derived from the service.
(12) On completion of the execution and financing of a capital work portion of a service, the treasurer must submit to the local government a certified statement setting out the cost of the capital work portion, and the cost shall be as certified.
156 (1) The local government may, by bylaw, provide for the borrowing from any person of money necessary to meet the capital cost portion of a service for an area established under section 155, and Division (2) applies to the bylaw, but, where the assent of the electors is required under that Division, compliance with section 155 is deemed to be compliance.
(2) Subject to section 157 and notwithstanding section 155(3), where the capital cost of the work or service is met out of money borrowed or appropriated under subsection (1), the entire capital cost of the work or service must be borne by the area specified in the bylaw, but the cost of any capacity of the work or service in excess of that required for the area may be borne by the community unless the specified area is extended or merged and the full capacity of the work or service is required for the extended area or merged area, whereupon the excess cost must no longer be borne by the community but by the extended area or merged area.
157 (1) The local government may, by bylaw, enlarge or reduce the size of a specified service area.
(2) A local government must, before enacting a bylaw under subsection (1), obtain approval under section 155(5) in the
(a) specified service area proposed to be enlarged or reduced, and
(b) area proposed to be added to or removed from the specified service area.
(3) Where a specified service area has been enlarged or reduced under this section, the liabilities incurred on behalf of the area as it was before enlargement or reduction must be borne by all the owners of parcels of land in the area as enlarged or reduced.
158 (1) The local government may by bylaw
(a) merge two or more specified service areas defined under section 155 into one specified service area for the purposes specified in the bylaws establishing them, or
(b) where the 2 or more specified areas are not contiguous, merge them for the purpose of deeming them to be one specified service area for the purposes specified in the bylaws establishing them.
(2) A bylaw under subsection (1) requires approval under section 155(5) in respect of the specified service areas.
(3) Where a local government has, with respect to each of any 2 or more areas specified in bylaws adopted under section 155, provided that the area may be merged with another specified service area, whether contiguous or not, for the purpose of providing, consolidating or completing necessary works or services for the merged areas, the local government may by bylaw, without reference to the electors, merge the areas, provide, consolidate or complete the necessary works or services and borrow money under section 155, as required.
Division (6) -- Development Cost Charges
159 (1) In this Division
(a) "development" means those items in subsection (2) (c) and (d) for which a development cost charge may be imposed, and
(b) a reference to local government includes a greater board.
(2) A local government may, by bylaw, for the purpose of providing funds to assist the local government to pay the capital costs of
(a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than offstreet parking facilities, and
(b) providing and developing park land
to service, directly or indirectly, the development for which the charge is being imposed, impose development cost charges on every person who obtains
(c) approval of a subdivision, or
(d) a building permit authorizing the construction, alteration or extension of a building or structure.
(3) No charge is payable under a bylaw made under subsection (2) where
(a) the building permit authorizes the construction, alteration or extension of a building or part of a building in a municipality that is, or will be, after the construction, alteration or extension, exempt from taxation under section 243(1)(h),
(b) the value of the work in respect of a building or structure does not in the aggregate, as authorized by a permit or permits, exceed $50,000 or any other amount the local government may, by bylaw prescribe.
(4) A development cost charge that is payable under a bylaw under this section shall be paid at the time of the approval of the subdivision or the issue of the building permit, as the case may be.
(5) Notwithstanding subsection (4), the local government may, in respect of all or different classes of developments, by bylaw authorize the payment of development cost charges in instalments and prescribe conditions under which the instalments may be paid.
(6) A development cost charge is not payable where a development cost charge has previously been paid for the same development unless, as a result of further development, new capital cost burdens will be imposed on the municipality, regional district or greater board.
(7) Notwithstanding a bylaw under subsection (2), where a local government has imposed a charge or made a requirement under the subdivision, latecomer or park land dedication provisions of the Planning Act for park land or for specific works and services outside the boundaries of land being subdivided or developed, that are included in the calculations used to determine the amount of a development cost charge, the amount of the charge imposed or the value of the requirement made under the Planning Act, shall be deducted from those classes of development cost charges which are applicable to the types of works and services or the park land for which the charge was imposed or the requirement was made.
(8) Notwithstanding a bylaw under subsection (2), where an owner has, with the approval of the local government, provided or paid the cost of providing specific works and services outside the boundaries of land being subdivided or developed, that are included in the calculations used to determine the amount of a development cost charge, the cost of the works and services shall be deducted from those classes of development cost charges which are applicable to the works and services.
(9) Where a board or greater board has the responsibility of providing a work, service or park land referred to in subsection (2) in a participating municipality, the board or greater board may by bylaw under subsection (2), impose a development cost charge that is applicable within that municipality.
(10) Where a board or greater board had, before this section came into force, adopted a bylaw that it would have been empowered to adopt had this section been in force at the time the bylaw was adopted, that bylaw is conclusively deemed by this subsection to have been validly adopted at the time that it was adopted.
(11) The municipality shall collect and remit the development cost charge imposed under subsection (9) to the regional district or greater board in the manner provided for in the bylaw.
160 (1) A bylaw that imposes a development cost charge shall specify the amount of the charge in a schedule or schedules of development cost charges, and the charges may vary with respect to
(a) different zones or different defined or specified areas,
(b) different uses,
(c) different capital costs as they relate to different classes of development, and
(d) different sizes or different numbers of lots or units in a development,
but the charges in the schedule shall be similar for all developments that impose similar capital cost burdens on the local government.
(2) In fixing development cost charges in a bylaw under section 159(2), the local government shall take into consideration future land use patterns and development, the phasing of works and services and the provision of park land described in an official community plan and whether the charges
(a) are excessive in relation to the capital cost of prevailing standards of service,
(b) will deter development, or
(c) will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land
in the community.
(3) The government shall make available to the public, on request, the considerations, information and calculations used to determine the sched ule referred to in subsection (1), but any information respecting the contemplated acquisition costs of specific properties need not be provided.
(4) A bylaw that imposes a development cost charge must not be adopted unless
(a) the development cost charge is related to capital costs attributable to projects included in a capital expenditure bylaw under section 163, and
(b) the local government has considered the matters referred to in section 161(2).
161 (1) A development cost charge paid to a community shall be deposited by the community in a separate special development cost charge reserve fund established for each purpose for which the local government imposes the development cost charge.
(2) Sections 181 and 185 apply to a fund established under subsection (1) of this section.
(3) Money in development cost charge reserve funds, together with interest on it, shall be used only to
(a) pay the capital costs of providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off street parking, that relate directly or indirectly to the development in respect of which the charge was collected,
(b) pay the capital costs of acquiring or developing parkland, or reclaiming land as parkland, that relate directly or indirectly to the development in respect of which the charge was collected, or
(c) pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a) or (b),
and for the purposes of this subsection "capital costs" includes planning, engineering and legal costs directly related to the work for which a capital cost may be incurred under this section.
(4) Authority to make payments under subsection (3) shall be authorized by bylaw.
162 (1) If a development cost charge bylaw provides for a charge to acquire or reclaim parkland, the charge may be paid in whole or in part by providing land in accordance with subsection (2).
(2) Land to be provided for the purposes of subsection (1) must
(a) have a location and character acceptable to the local government, and
(b) on the day the charge is payable, have a market value that is at least equal to the amount of the charge.
(3) If the owner and the local government are not able to agree on the market value for the purposes of subsection (2)(b), the market value must be determined in accordance with the park land dedication provisions of the Planning Act.
(4) Where partial payment of a development cost charge for park land in the form of land is made, the remainder shall be paid in accordance with a bylaw under section 159(2).
(5) Where land is provided for park land under this section, the land must be shown as park on a plan of subdivision.
(6) Despite section 161(3), interest earned on money in the park land development cost charge reserve fund may be used by the local government to provide for fencing, landscaping, drainage and irrigation, rest rooms and changing rooms, playground and playing field equipment on park land owned by the local government or owned by the Crown and managed by the local government.
Division (7) -- Capital Expenditure Program
163 (1) On or before
(a) March 31 in each year in the case of a regional district, or
(b) May 15 in each year in the case of a municipality,
the local government must direct preparation of and adopt by bylaw a capital expenditure program for a period of not less than 5 years, showing estimates of the proposed source and application of funds for capital purposes for each year of the program.
(2) An adopted capital expenditure program, including amendments, remains in force until a new program is adopted in the following year.
Subdivision (1) -- Sinking Funds
164 The treasurer must keep separate accounts to exhibit at all times the state of each debt for which sinking fund debentures have been issued and the amount of money raised and appropriated for the annual sinking fund requirement.
165 (1) The local government may advance from general revenue all or part of the money needed to meet the annual sinking fund requirement pending the levy and collection of rates or charges. When money from rates or charges is received, the advance must be repaid to general revenue.
(2) The local government may borrow the money needed for the purposes of subsection (1) as part of its annual borrowing in anticipation of current revenue.
(3) Nothing in this section authorizes the incurring of a debt beyond the amount otherwise fixed by this Charter.
166 (1) The treasurer must deposit all money to the credit of a sinking fund in a separate account in a savings institution and the same institution account may be used for a number of sinking fund accounts.
(2) Money in a sinking fund or from the proceeds of a rate levied for a community debt or obligation, which cannot be immediately applied on the debt or obligation because no part of the debt or obligation is yet payable, may be invested or reinvested by the local government in
(a) securities of Canada or of a province,
(b) securities guaranteed for principal and interest by Canada or by a province,
(c) securities of a regional district,
(d) securities of the Municipal Finance Authority,
(e) investments guaranteed by a chartered bank,
(f) deposits in a savings institution, or nonequity or membership shares of a credit union, and
(g) pooled investment funds under section 13.1 of the Municipal Finance Authority Act.
(3) The securities together with the revenue from them must be held to the credit of the sinking fund account. Where more than one sinking fund account is involved, the securities and revenue must be allocated in proportion to the money from the accounts used for the investment.
167 (1) The local government, instead of investing sinking fund money under section 166, may purchase debentures of the community, maturing not later than the sinking fund debentures or, for a community in or partly in the limits of the Greater Vancouver Water District in securities of that district.
(2) Debentures purchased under this section and their revenues must be held to the credit of the sinking fund account involved, and municipal debentures may not be resold.
168 The local government may pass a bylaw to borrow money by pledging any securities purchased and held under section 166. The obligation given by the community to the lender must be in writing, in a form approved by the local government, signed by the mayor or chair and treasurer and bear the corpo rate seal. The instrument must state the rate of interest and be due and payable on a named date in the year in which it is given. The obligation may give the lender the authority deemed proper by the local government to sell any of the securities pledged. All money received from the borrowing must be placed by the local government to the credit of the sinking fund.
169 The local government may, by bylaw adopted by at least 2/3 of the members provide for an agreement with the Minister of Finance that he or she, on transfer to him or her of all sinking fund accounts and money and securities held for them, administer the funds. An agreement must provide that the local government remit annually to that minister the money needed to meet annual sinking fund requirements.
170 If, with an increased value of real property liable to assessment, it is found unnecessary to levy the full rate imposed by a bylaw to raise the instalment of the sinking fund and interest required in any year, or to raise the instalments for future unexpired years of the debentures, the local government may by bylaw reduce the rate for that year or for the future years so that no more money is collected than is required. The bylaw must not be adopted unless, having regard to the time the debentures have to run, a proper proportion of sinking fund and interest has been levied under the intention of the original bylaw.
171 Where a bylaw provides for raising each year a larger sum for a sinking fund or interest than is necessary to pay off a debt, the local government may, by bylaw, reduce the amount to be raised each year.
172 (1) Where there is a surplus in a sinking fund account above the amount required for the fund under the bylaw creating the debt, the local government may, by bylaw, provide for the application of the surplus to the
(a) payment of the amount required for the fund, or for interest on the debt, in a succeeding year,
(b) payment of charges incidental to payment or remission of the principal or interest due on the debt for which the fund is held.
(2) Where there is a surplus in the sinking fund account after the debt authorized by a loan bylaw is repaid, the surplus may be disposed of under section 179.
173 Where the amount in a sinking fund does not meet requirements, the local government may apply part of the current revenue to the deficiency.
174 (1) The Minister of Finance, on receipt of evidence of inefficiency of administration or of maladministration of a sinking fund account, may by order direct that the sinking fund accounts of the community and the money and securities held for them, be transferred to and administered by the Minister of Finance. An order is binding on and applies to all persons affected by it.
(2) A local government which is subject to an order must remit annually to the Minister of Finance the money required annually for the funds.
Subdivision (2) -- Debt Repayment Funds
175 (1) A local government may proceed under this section if
(a) for any cause it appears expedient to provide money in advance of the requirements for retirement at maturity of outstanding municipal debentures, or
(b) where the proceeds from the sale of assets are required to be held for debt retirement.
(2) In the circumstances described in subsection (1), the local government may, by bylaw, provide for the following:
(a) setting aside in each year money as may be deemed necessary for a proposed scheme of debt financing,
(b) setting aside the proceeds of a sale of assets, as specified in the bylaw, for a debt retirement fund to meet in full or in part, at or before maturity, outstanding debentures issued for the assets,
(c) the administration and investment under this Part of money set aside under the bylaw.
(3) The bylaw may contain directions
(a) to levy during specified years, by rate sufficient to raise the money fixed by the bylaw under subsection 2(a), and
(b) not to levy in any future year all or part of the annual money required to repay the principal of outstanding debentures.
(4) A bylaw with directions to levy a rate for the purposes of this section must receive the assent of the electors.
(5) A bylaw under this section must not extend the term of a debenture debt beyond the period originally fixed for it.
176 The local government may invest or reinvest all or part of the money to the credit of a debt retirement fund in the manner provided for sinking funds.
Subdivision (3) -- Reserve Fund
177 (1) A local government may by bylaw establish a reserve fund for
(a) expenditures for or in respect of capital projects and land, machinery or equipment necessary for them and extension or renewal of existing capital works,
(b) the purchase of machinery and equipment to maintain community property and to protect persons and property,
(c) depreciation and obsolescence of any machinery and equipment.
(2) Money from current revenue or, as available, from general revenue surplus, or as otherwise provided in this Charter, may be paid into the fund.
(3) Money set aside for the purpose of subsection (1) (c) and interest earned on it must be expended solely to purchase machinery and equipment.
(4) The local government may, by bylaw adopted by at least 2/3 of its members, provide for the expenditure of any money in a reserve fund and interest earned on it. This subsection does not apply to subsection (1) (c).
178 (1) The local government may by bylaw establish a reserve fund for a utility system or other enterprise owned or operated by the community. Money from current revenue, as available from general revenue surplus, from the surplus from operation of the utility or enterprise, or as otherwise provided in this Charter, may be paid from time to time into the fund.
(2) Money set aside in a reserve fund under this section, and interest earned on it, must be used only for a capital expenditure for and redemption of debentures issued for the utility or enterprise.
179 (1) All money received from the sale of tax sale properties must be set aside in a reserve fund. The treasurer must deposit the money in a savings institution as and when received. Until required under this section, the money may be invested in the manner provided by section 166 for sinking funds.
(2) The money and interest earned on it may be used only for first, bringing sinking funds up to requirements, and then reduction of debenture debt, capital expenditures, transfer to a debt repayment, reserve or local improvement fund or expenditures of a special nature.
(3) The local government may, by bylaw adopted by 2/3 of its members, provide for the use or expenditure of money in the fund under this section.
180 (1) The local government may, by bylaw, establish a special reserve fund for a specified purpose that is within the powers of the community under this or another Act, other than a purpose for which reserve funds may be established under another section of this Charter or under another enactment.
(2) The following may be paid into a special reserve fund:
(a) amounts included in the annual budget and raised by a rate imposed in respect of the special reserve fund,
(b) revenue as available from general revenue surplus or as otherwise provided in this Charter,
(c) amounts received by the community in relation to the specified purpose of the special reserve fund, subject to any terms and conditions attached to their use.
(3) Money in a special reserve fund, and interest earned on it, must be used only for the purpose for which the fund was established.
Subdivision (4) -- Special Funds: General
181 If the amount to the credit of a reserve or local improvement fund is greater than required, the local government may, by bylaw, transfer all or part of the amount to another fund established under this Part.
182 (1) Money collected by a community for interest on a debt of the community or for the sinking fund or instalments of principal for a debt of the community must not be used for a purpose other than that for which it is collected. Money held by a community subject to a trust or reserve must not be used for a purpose other than under the terms of the trust or of the bylaw creating the reserve or special fund.
(2) A member of a local government who votes for a bylaw or resolution authorizing the use of money contrary to this section, or authorizing the use or investment of money contrary to this Charter, a treasurer or other employee of a community who obeys the bylaw or resolution, and an officer of the community who of himself or herself disposes of money contrary to, or applies the money for a purpose other than those in, subsection (1), is personally liable to the community for the amount.
(3) Money due the community under this section may be recovered for the community, by it, by a ratepayer or elector suing in the name of the community or on behalf of himself or herself and all other ratepayers or electors, or by the holder of a security suing in the name of the community.
(4) It is a good defence to an action brought under this section against a treasurer or other employee of a community if it is proved that he or she, in writing over his or her signature, gave a warning to the local government that the effect of the bylaw or resolution was to authorize the use of money contrary to this Charter.
183 In addition to any other penalty to which he or she may be liable, a member of the local government who votes as set out in section 182(2) is disqualified from holding municipal office for 5 years from the date of his or her vote.
184 The local government may, by bylaw, authorize the use, for a lawful purpose of the community, of money on hand raised to pay interest on debentures authorized under a local government bylaw or to repay principal of debentures so authorized, and which it is unable to use for the purpose designated in the bylaw because the bylaw is no longer in force or all principal and interest on the debentures has been paid or provided.
185 Unless otherwise provided, money in a fund may be invested or reinvested as set out in section 166.
Part 5 -- Actions and Proceedings
186 A community may by bylaw establish a bylaw court in accordance with a regulation of the Lieutenant Governor in Council.
187 (1) A community may not maintain an action in a court against
(a) another community, or
(b) the Province.
(2) The Province may not maintain an action in a court against a community.
(3) Any matter that a community or the Province could, but for subsections (1) or (2) maintain in a court, must be resolved by a single arbitrator and the Commercial Arbitration Act applies (OPTION: provide for a facilitator, mediator, and then a panel of three arbitrators, instead of only a single arbitrator).
(4) A decision of an arbitrator under this section is final and binding and no appeal lies to the Supreme Court.
188 (1) A bylaw adopted under this Charter may be enforced, and the breach of this Charter or a bylaw, resolution or order of the local government restrained by a proceeding in the Supreme Court whether or not a penalty has been imposed for the breach.
(2) A civil proceeding to enforce, or to prevent or restrain the breach of, a bylaw, resolution or regulation of the local government or a provision of this Charter, or relating to any damage to or interference with a highway or property of the community, may be brought in the name of the community. Neither the Crown, the Attorney General or an officer of the Crown is a necessary plaintiff to the proceeding.
(3) If a building is erected, altered or used, or land is altered or used, in contravention of a bylaw adopted under this Charter, in addition to any other remedy provided in this Charter, and to any penalty imposed by the bylaw, the contravention may be restrained by a court proceeding at the instance of the community alone.
189 (1) A local government may, by bylaw,
(a) designate for the purpose of this section a bylaw that the local government seeks to enforce by means of a ticket under this Part,
(b) designate a bylaw enforcement officer,
(c) authorize the use of any word or expression on a ticket issued under subsection (2) to designate an offence against a bylaw,
(d) prescribe the form and content of tickets issued under this Part, and
(e) prescribe the form of a certificate under section 190(5).
(2) Where a local government has designated a bylaw under subsection (1), a bylaw enforcement officer may
(a) lay an information, and
(b) issue a summons by means of a ticket for contravention of the bylaw.
(3) Despite section 13 (1) of the Offence Act, an information laid by means of a ticket is valid whether or not it is taken under oath.
(4) When laying an information by means of a ticket, a bylaw enforcement officer must indicate on the ticket the offence charged and must sign the ticket.
(5) The use on a ticket of
(a) any word or expression authorized by bylaw under subsection (1) (c) to designate an offence against a bylaw, or
(b) a general description of an offence against a bylaw,
is deemed sufficient for all purposes to describe the offence designated by that word or expression or general description.
(6) Where a fine set in accordance with subsection (10) is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,
(a) pay the fine indicated on the ticket in accordance with the instructions appearing on the ticket, or
(b) in accordance with the instructions appearing on the ticket,
(i) indicate on it that the person wishes to dispute the charge, and
(ii) deliver it to the council or regional board at the address indicated on the ticket.
(7) A person who pays a fine in accordance with subsection (6) is deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed.
(8) Where an information laid by means of a ticket is filed with a Provincial Court registry by a community, the clerk of the court must
(a) deliver to the person who was served with the ticket a notice specifying a time and place for the appearance of the person before a justice, and
(b) provide the report or a copy of the report of a bylaw enforcement officer to the court for the purposes of sentencing but for no other purpose.
(9) Where a person who is served with a ticket
(a) has paid the fine in accordance with subsection (6), or
(b) has
(i) appeared before a justice at the time and place specified in the notice referred to in subsection (8), and
(ii) pleaded guilty to or been found guilty of the offence with which the person was charged in the ticket,
no conviction need be drawn up or entered unless it is required by the person convicted or by a prosecutor or under the bylaw contravened.
(10) For the purpose of subsection (6), after consultation with the chief judge of the Provincial Court the local government may by bylaw set a fine, not exceeding $10,000, for contravention of a bylaw.
(11) Where a minimum or maximum fine is established by a bylaw, the fine set under subsection (10) shall be not less than the minimum or more than the maximum fine established by the bylaw.
190 (1) Where a person served with a ticket under section 189 does not, as provided for in that section, pay the fine or indicate a wish to dispute the charge, and where not less than 14 days have elapsed after the ticket was served on the person, the person shall be deemed to wish not to dispute the charge.
(2) Where a person is deemed under subsection (1) to wish not to dispute the charge, a justice shall examine the ticket and shall,
(a) if the ticket is complete and regular on its face,
(i) enter a conviction in the person's absence and without a hearing, and
(ii) impose the fine set under section 189(10) for the offence charged, or
(b) if the ticket is not complete and regular on its face, quash the proceeding.
(3) Where a person who is served with a ticket has, through no fault of that person, not had an opportunity to appear before a justice and enter a plea in respect of the offence charged, and where not more than 30 days have elapsed since the conviction first came to the person's attention, the person may appear before a justice.
(4) Where a person appears before a justice under subsection
(3), the justice, on being satisfied of the facts by affidavit in the prescribed form, must strike out the conviction, if any, and set a date for a trial of the matter and inform the person of the date or, where the person pleads guilty to the offence, dispose of the matter as provided in subsection (2).
(5) Where a conviction is struck out under subsection (4), the justice must give the defendant a certificate of the fact in the prescribed form.
(6) Nothing in subsection (1) shall be construed as abrogating the right of any person to appeal the conviction under section 92 of the Offence Act.
191 In addition to any or all other remedies in this Charter for the collection and recovery of gas, electrical energy or water rates authorized by this Charter, the payment of those rates may be enforced by distress and sale of the goods and chattels of the person owing the rates wherever they are found in the community, and the costs chargeable are, unless any other scale is provided under this Charter, be those payable under the Rent Distress Act.
192 A local government may by bylaw regulate and alter the scale of costs payable in cases of distress under this Charter.
193 (1) All actions against a community for the unlawful doing of anything purporting to have been done by the community under the powers conferred by an Act of the Legislature, and which might have been lawfully done by the community if acting in the manner prescribed by law, must be commenced within 6 months after the cause of action shall have first arisen, or within a further period designated by the local government in a particular case, but not afterwards.
(2) The community is in no case liable for damages unless notice in writing, setting forth the time, place and manner in which the damage has been sustained, is delivered to the clerk or secretary within 2 months from the date on which the damage was sustained. In case of the death of a person injured the failure to give notice required by this section is not a bar to the maintenance of the action. Failure to give the notice or its insufficiency is not a bar to the maintenance of an action if the court before whom it is tried, or, in case of appeal, the Court of Appeal, believes there was reasonable excuse and that the defendant has not been prejudiced by it in its defence.
194 No action arising out of, by reason of or in respect of the construction, maintenance, operation or use of a drain or ditch, whenever the drain or ditch is or was constructed, may be brought or maintained in a court against a community.
195 (1) The local government may, by a vote of not less than 2/3 of all members, pay a sum required for the protection, defence or indemnification of an officer or employee of the community or a member of its local government where an action or prosecution is brought against him or her in connection with the performance of his or her duties, or where an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration of a department of the community or the conduct of a part of the community business, and costs necessarily incurred and damages recovered. The local government may also pay a fine imposed on an officer, employee or member of the local government on his or her conviction for an offence, other than under the Criminal Code, committed in connection with the performance of his or her duties (OPTION: delete authority to indemnify for fines or fines under prescribed enactments).
(2) A resolution or bylaw under subsection (1) is not invalid by reason only that a member of a local government who would be entitled to payment under the resolution, voted on it.
(3) The local government may by bylaw provide that the community will indemnify an officer or employee of the community or a member of its local government against a claim for damages against an officer, employee or member of the local government arising out of the performance of his or her duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim.
(4) The local government must not seek indemnity against an officer, employee or member of the local government in respect of any action of the officer, employee or member that results in a claim for damages against the community, but the local government may seek indemnity against an officer, employee or member where the claim arises out of the gross negligence of the officer, employee or member, or where, in relation to the action that gave rise to the claim against an officer or employee, the officer or employee wilfully acted contrary to
(a) the terms of his or her employment, or
(b) an order of a superior.
(5) This section applies to the persons referred to in section 196 as though those persons were officers or employees.
196 (1) No action for damages lies or shall be instituted against a community public officer or former community public officer for anything said or done or omitted to be said or done by him or her in the performance or intended performance of his or her duty or the exercise of his or her power or for any alleged neglect or default in the performance or intended performance of his or her duty or exercise of his or her power.
(2) In this section "community public officer" means
(a) a member of a local government,
(b) a trustee of an improvement district,
(c) a member of
(i) any civic commission,
(ii) a library board under the Library Act, or
(iii) a community heritage commission under the Planning Act,
(d) a member of any greater board or of any board that provides similar services and is incorporated by letters patent,
(e) a member of an advisory planning commission under the Planning Act,
(f) a member of a board of variance under the Planning Act,
(g) a member of the Okanagan-Kootenay Sterile Insect Release Board or an officer or employee of that board,
(h) a member of the Okanagan Basin Water Board,
(i) a trustee under the Islands Trust Act,
(j) an officer or employee of a community, regional district, library board under the Library Act, a greater board referred to in paragraph (e), the trust council under the Islands Trust Act and the Okanagan Basin Water Board,
(k) an election official and a regional voting officer under the Election Act,
(l) a volunteer fire fighter or a special constable,
(m) any volunteer who participates in the delivery of services by a community or the bodies referred to in paragraphs (b) to (g) under the supervision of an officer or employee of the community, regional district or any of those bodies, and
(n) a member of a board of cemetery trustees established or appointed by a community under the Cemetery and Funeral Services Act.
(3) Subsection (1) does not provide a defence where
(a) the community public officer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or
(b) the cause of action is libel or slander (OPTION: provide for a summary mechanism for a court to dismiss a claim against a community public officer where there is an allegation of dishonesty, gross negligence, malicious or wilful misconduct, libel or slander but where the allegation is mischievous, without foundation, or designed to coerce the public officer into voting in a certain way).
(4) Subsection (1) does not absolve any of the corporations or bodies referred to in subsection (2) (a) to (h) from vicarious liability arising out of a tort committed by any of the individuals referred to in subsection (2) which the corporation or body would have been liable for had this section not been in force.
197 A community or a member of its local government, or a member of its board, or any officer or employee of the community or district is not liable for any damages or other loss, including economic loss, sustained by any person, or to the property of any person, as a result of neglect or failure, for any reason, to enforce, by the institution of a civil proceeding or a prosecution, a bylaw (OPTION: restrict "failure to enforce" provision to building regulation bylaws).
198 A community, local government, improvement district or greater board is not liable in any action based on nuisance or on the rule in Rylands v. Fletcher where the damages arise, directly or indirectly, out of the breakdown or malfunction of
(a) a sewer system,
(b) a water or drainage facility or system, or
(c) a dyke or a road.
(OPTION: include all building regulation protection from liability and enforcement provisions in Part 5 of the Charter instead of in the Building Act)
199 A community is not subject to any liability by reason of the fact that gates may have been constructed across a highway or that damages may have resulted to a person by reason of their existence.
200 In case a proceeding is brought against a community to recover damages sustained by reason of an obstruction, excavation, cellar or opening in or adjoining a street, lane, square, public highway or bridge placed, made, left or maintained by a person other than an employee or agent of the community, the community has a remedy over against that person, and may enforce payment accordingly of any damages and costs which the plaintiff may recover against the community. The community is only entitled to the remedy over if the person is made a party to the proceeding, and if it is established as against that person that the damages were sustained by reason of an obstruction, excavation, cellar or opening placed, made, left or maintained by the person added as a defendant or third party. That person may defend the proceeding against the plaintiff's claim and that of the community. The court may order costs to be paid by or to any party or on any claim set up as in other cases.
201 (1) A writ of execution against a community may be endorsed with a direction to the sheriff to levy its amount by rate, and the proceedings on it shall be as provided in this section.
(2) A writ of execution against a community must not be issued without leave of the Supreme Court, which has discretion to permit its issue at a time and on conditions it considers proper, or it may refuse to permit it to be issued or suspend action under it on terms and conditions it thinks proper or expedient, having regard to the reputed insolvency of the community and the security afforded to the person entitled to the judgment by the registration of the judgment.
(3) The court, on being satisfied by affidavit by a competent person on behalf of the community that the community intends to appeal with due diligence from the judgment, may refuse to permit a writ of execution for costs to be issued unless security is given to the satisfaction of the court of the person to whom the costs are payable for their repayment to the community in the event the judgment is reversed or varied on appeal.
202 The sheriff must deliver a copy of the writ and endorsement to the clerk or secretary of the community, or leave the copy at the office of that officer, with a statement in writing of the sheriff's fees, and of the amount required to satisfy the execution, including in the amount of interest calculated to a day as near as is convenient to the day of the delivery.
203 (1) Every municipality incorporated before this Charter came into force is continued as a corporation and is vested with the powers conferred on it by this Charter.
(2) All bylaws and resolutions validly passed by a council before this Charter came into force continue in force.
204 (1) The Lieutenant Governor in Council may by order, in the following circumstances, direct that a vote be taken of persons within an area specified in the order respecting the proposed incorporation of those persons into a new municipality:
(a) on the request of the council of a municipality all or part of which is within the area,
(b) on the request of the board of trustees of an improvement district all or part of which is within the area,
(c) on the request of 2 or more residents of any part of the area that is not within a municipality,
(d) on the Lieutenant Governor in Council's own initiative, if the Lieutenant Governor in Council is of the opinion that those persons should, in the public interest,
(i) be incorporated into a new municipality, or
(ii) either be incorporated into a new municipality or included within an existing municipality.
(2) A vote under this section must determine the opinion of the eligible voters
(a) as to whether they favour the proposed new incorporation, or
(b) as to
(i) whether they favour a change in local government for the area, either by the proposed new incorporation or by inclusion within a specified existing municipality, and
(ii) if a change in local government were made, whether they would favour the proposed new incorporation or inclusion within a specified existing municipality.
(3) A vote under subsection (2)(b) must be by 2 questions as follows:
(a) the first question must ask whether the voter favours a change in local government for the area, either by the proposed new incorporation or by inclusion within a specified existing municipality,
(b) the second question must ask whether the voter favours, if a change in local government were made, the proposed new incorporation or inclusion within the specified existing municipality.
(4) As an exception to the requirement that the question to be voted on be in a form that a voter may indicate assent or dissent, a question under subsection (3)(b) must be in a form that a voter may indicate a preference.
(5) The Election Act applies to a vote under this Part so far as reasonably possible and, for these purposes, the Lieutenant Governor in Council may make orders in relation to any matters dealt with in that Part.
(6) The costs of a vote under this Part must be paid as follows:
(a) if a new municipality is incorporated under section 205 following the vote, the costs of the vote are to be paid by the new municipality,
(b) if a new municipality is not incorporated and the vote was requested under section (1)(a) by an existing municipality, the costs of the vote are to be paid by that municipality,
(c) in other cases, the costs of the vote are to be paid by the Minister of Finance and Corporate Relations out of the consolidated revenue fund.
205 (1) The Lieutenant Governor in Council must, by letters patent, incorporate the residents of an area into a new municipality, if
(a) in the case of an area for which a vote was taken under section 204(2)(a), more than 50% of the votes counted as valid favour the proposed incorporation, or
(b) in the case of an area for which a vote was taken under section 204(2)(b),
(i) more than 50% of the votes counted as valid favour a change in local government, and
(ii) more than 50% of the votes counted as valid favour the proposed incorporation if a change in local government were made.
(2) If an existing municipality or improvement district is situated within a new municipality incorporated under subsection (2), the Lieutenant Governor in Council must dissolve the existing municipality or improvement district by repealing its letters patent.
206 (1) The Lieutenant Governor in Council may, by letters patent, incorporate the residents of a rural area into a municipality without holding a vote under this Part if the Lieutenant Governor in Council is of the opinion that it is in the public interest to establish the municipality in conjunction with the development of a natural resource.
(2) Letters patent under this section may
(a) include exceptions from statutory provisions,
(b) specify the effective period or time for an exception, and
(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.
(3) For a municipality incorporated under this section, on the recommendation of the minister, the Lieutenant Governor in Council may, by supplementary letters patent, provide for further exceptions and conditions.
(4) The council of a municipality incorporated under this section may provide housing for employees of the municipality and may incur lia bilities for it.
(5) If a municipality is or has been established under this section, the Surveyor General must,
(a) as soon as practicable, establish sufficient coordinate control monuments to enable the area, or a portion of it, to be constituted an integrated survey area under the Land Survey Act, and
(b) on completion of the required survey, constitute the area or portion as an integrated survey area under the Land Survey Act.
(6) After the survey required by subsection (6), the municipality is responsi ble for the protection and maintenance of the coordinate control monuments.
207 (1) The Lieutenant Governor in Council may, on the recommendation of the minister (to implement an agreement between the Lieutenant Governor in Council and a band council with the approval of the Governor in Council), by letters patent, incorporate as a municipality the residents of an area of land within a reserve, defined in the Indian Act (Canada). The letters patent or the agreement may exempt the municipality or owners or residents from a provision of this or another Act and may include a provision deemed desirable whether or not it is consistent with any Act.
(2) The Lieutenant Governor in Council must not issue letters patent under this section until
(a) the agreement of the Governor in Council and the band council is obtained, and
(b) the question of incorporation has been submitted to those members of the Indian Band who are entitled to vote at the election of the band council and more than 50% of those entitled to vote have voted and of those voting more than 60% have voted in the affirmative.
(3) Notwithstanding subsection (1), an owner, as provided in the letters patent under that subsection, who complies with the requirements under the Home Purchase Assistance Act, is entitled to a grant, but not to a loan, under that Act.
(4) Letters patent under this section may
(a) include exceptions from statutory provisions,
(b) specify the effective period or time for an exception, and
(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.
208 The Lieutenant Governor in Council, when issuing letters patent may vary the boundaries of the municipality or the proposed municipality from those set out in the request, or from those designated by the minister, to make them regular or conform with the boundaries of neighbouring municipalities, or to exclude or include an area.
209 (1) Letters Patent incorporating a municipality must specify the municipality's name, boundaries, area and class.
(2) Letters Patent incorporating a municipality may do one or more of the following:
(a) set the general voting day for the first election or authorize another person to do this,
(b) appoint the chief election officer for the first election or authorize another person or body to do this,
(c) set the terms of office for first council members if these are to be different from the terms otherwise established by this Charter,
(d) provide that the day, time and place of the council's first meeting is to be set by the chief election officer for the first election,
(e) set the sum of money which may be borrowed for the municipality's current expenditure in its first year and, if considered expedient, for the next year,
(f) set dates which may be observed initially, and once only, in place of statutory dates,
(g) provide for the transfer to the municipality of any asset, right, claim, obligation or liability of a municipality dissolved on the incorporation of the new municipality,
(h) provide that the bylaws of a municipality dissolved on the incorporation of the new municipality continue in force in the area that is within the boundaries of the dissolved municipality until amended or repealed by the council of the new municipality,
(i) provide that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements within the municipality, the land and improvements are deemed, for a specified period before or following incorporation, or both, to be included within or excluded from the municipality,
(j) deal with other matters and conditions, including the appointment of an interim council, considered necessary or advisable by the Lieutenant Governor in Council.
210 For a newly incorporated municipality or an area newly included in a municipality, real property that before the incorporation is exempt from taxation by reason of section 13(1)(f) of the Taxation (Rural Area) Act but after the incorporation is not exempt from taxation under this Charter must be exempted from taxation as follows:
(a) in the first year after incorporation, to the extent of 100% of the exemption that would have applied to the property had the incorporation not taken place,
(b) in the second year after incorporation, to the extent of 80% of the exemption that would have applied to the property had the incorporation not taken place,
(c) in the third year after incorporation, to the extent of 60% of the exemption that would have applied to the property had the incorporation not taken place,
(d) in the fourth year after incorporation, to the extent of 40% of the exemption that would have applied to the property had the incorporation not taken place,
(e) in the fifth year after incorporation, to the extent of 20% of the exemption that would have applied to the property had the incorporation not taken place.
211 (1) Where the Lieutenant Governor in Council believes that an industrial plant in an existing or proposed municipality does or will not, because of size or location, receive benefit from a work or service, the letters patent may describe the land where the plant is situate and the work or service. In that case, from the date specified, the full cost of the work or service must be charged against the remaining area of the municipality as if it were a specified area under Division 5 of Part 4 and the owner of the plant must provide for his or her own use, if required, the work or service at his or her own expense.
(2) In the case of any industrial plant referred to in subsection (1), the letters patent may provide that no bylaw or other regulation of the council operates to restrict the construction, maintenance or operation of the industrial plant on the land so described.
(3) Letters patent incorporating a district, or supplementary letters patent extending a city or district, may define an area in the municipality and designate the work and service deemed to be of special benefit to that area. In that event Division 5 of Part 4, with the necessary changes and so far as applicable, applies as if the area had been established as a specified area under section 155.
(4) Where subsection (1) applies to a municipality, the letters patent may provide for a reduction in the maximum rate permitted under this Charter for any municipal tax.
(5) A provision made in letters patent under subsections (1) or (4) may be limited to a period of time.
(6) Letters patent may provide that tax revenue from designated real property must be shared by the municipality with another municipality on the basis set out.
212 On the issue of letters patent by the Lieutenant Governor in Council
(a) the minister must publish a copy of the letters patent in the Gazette, and
(b) the council must publish in a newspaper a copy of the letters patent, or a synopsis that states
(i) where the letters patent may be examined, and
(ii) if a boundary description is set out in the synopsis, where a map of the boundary description may be viewed.
213 Where letters patent are surrendered or revoked and others issued under this Charter,
(a) the surrender, revocation or issue does not bar or discharge a right, claim or demand of or against the municipality, or a pending action or proceeding. The municipality remains as liable and has the same rights and interest as if the letters patent surrendered or revoked were valid and not surrendered or revoked,
(b) the municipality is deemed to have been a corporation from the date of the letters patent originally incorporating it, and
(c) a registration in a land title office in the name of the municipality is a registration in the name of the municipality under the new letters patent or supplementary letters patent.
214 (1) A municipality shall be incorporated as a
(a) village, if the population does not exceed 2,500,
(b) town, if the population exceeds 2,500 but does not exceed 5,000, or
(c) city, if the population exceeds 5,000.
(2) Despite subsection (1), if the area to be incorporated exceeds 800 hectares and has an average population density of less than 5 persons a hectare, the municipality shall be incorporated as a district.
(3) For the purpose of calculating the average population density, land continually covered by water shall not be taken into account.
215 (1) Despite section 214(1) and (2), a council may, by bylaw, submit to the electors the question of changing its municipal status from a city, town, district, village or improvement district, as is the case, to another class of municipality.
(2) If the electors assent to a change of status, the council may request the Lieutenant Governor in Council to repeal the letters patent for the municipality and reincorporate the municipality as a city, town, district, village or improvement district, as the case may be.
(3) In response to a request under subsection (2), the Lieutenant Governor in Council must repeal the letters patent of the municipality and issue others in their place reincorporating the municipality as requested or recom mended (OPTION: give Cabinet discretion).
(4) The status of a municipality must not be changed under this section to a class other than a city, town, district, village or improvement district.
(5) Letters patent issued under this section reincorporating a municipality may include directions on any of the matters referred to in sections 209 and 210 and such other matters as the Lieutenant Governor in Council considers appropriate.
(6) If the Lieutenant Governor in Council is satisfied that, since the last census, the population of a municipality has changed sufficiently to allow a change of status, the Lieutenant Governor in Council may declare what the population of the municipality is deemed to be for the purposes of determining its status for reincorporation.
(7) For the purposes of this section, an improvement district is deemed to be a municipality of which the trustees are the council.
216 (1) Before proceeding under this section, the Lieutenant Governor in Council must
(a) notify the council and the Charter Council of the proposed extension, or
(b) have received from the council a request for the extension.
(2) In either case referred to in subsection (1), the council must give public notice of the extension in at least 2 consecutive issues of a newspaper and once in the Gazette.
(3) The council
(a) may submit the question of the proposed extension to the electors of the municipality for assent, and
(b) must submit the question of the proposed extension to the electors of the municipality for assent if at least 10% of those electors so request within 30 days of the last publication of the notice under subsection (2).
(4) If a vote under sub-paragraph 3(b) is required, section 204 applies.
(5) The Lieutenant Governor in Council may, by supplementary letters patent, extend the area of a municipality to include land not in the municipality.
(6) The Lieutenant Governor in Council may specify in the supplementary letters patent that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements within the extended municipality, the land and improvements included by the extension are deemed, for a specified period before or after the extension, or both, to be included within or excluded from the municipality.
217 (1) The Lieutenant Governor in Council may by supplementary letters patent redefine or alter the boundaries of a municipality where to his or her satisfaction it appears that
(a) uncertainty exists in the boundaries,
(b) the boundaries do not follow legal property boundaries,
(c) the boundaries do not conform to those of an adjacent municipality,
(d) the whole or part of a highway on or adjacent to the boundary should be included or excluded,
(e) the whole or part of adjoining foreshore and any area below low water mark should be included or excluded,
(f) the whole or part of the adjoining foreshore along a river, stream or lake, or the foreshore and land covered by water, should be included or excluded,
(g) land adjacent to and owned by the municipality should be included.
(2) Before exercising the powers of subsection (1), the Lieutenant Governor in Council may direct that a notice of intention to redefine or alter the boundaries of a municipality be given at municipal expense once in the Gazette and once in a newspaper.
218 (1) Where land is included in a municipality under section 208, 216 or 217, all unpaid taxes previously imposed by the Province or by another municipality on that land must be taxes of the municipality in which the land is included, and that municipality may exercise all remedies under this Charter for the collection of those taxes.
(2) The municipality in which the land referred to in subsection (1) is included,
(a) for unpaid taxes previously imposed by the Province, must pay the amount of those taxes to the Surveyor of Taxes by January 1 in the year following the year in which the land is included in the municipality, and
(b) for unpaid taxes previously imposed by another municipality,
(i) may pay the amount of those taxes to the other municipality before they are collected, or
(ii) where the amount of those taxes is not paid under subparagraph (i), must pay that amount to the other municipality as they are collected.
(3) Where land shown on the records of a land title office as a single parcel of land lies partly in and partly out of a municipality and is, under section 208, 216 or 217, wholly included in a municipality, the taxes then unpaid on any part of the land are a charge as unpaid taxes on the whole land.
219 (1) Where land subject to assessment and taxation under the Taxation (Rural Area) Act is included in a municipality, either by incorporation of or by the extension or redefinition of the boundaries, the Minister of Finance may pay from the consolidated revenue fund to the municipality an amount equal to the current year's taxes levied under Part 2 of the Taxation (Rural Area) Act where the date of the letters patent defining or redefining the municipal boundaries is effective prior to July 1 or one half of that amount where that date is after June 30 in any year.
(2) The amount may include taxes levied on the land and improvements under any Act and due to the Crown. The taxes when collected by the municipality are municipal revenue.
(3) An amount to be paid under this section must be paid in January following the year in which the taxes are levied or at another time deemed appropriate by the Minister of Finance.
220 (1) On the request of the council made in accordance with this section, the Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a municipality.
(2) Before making a request for reduction, a council must
(a) give public notice of its proposed request in at least 2 consecutive issues of a newspaper and once in the Gazette,
(b) obtain the consent in writing of at least 60% of the electors of the area proposed to be excluded, and
(c) receive the assent of the electors, unless this requirement is waived under subsection (4).
(3) A request for reduction must include the following:
(a) a description of the area proposed to be excluded,
(b) a description of the municipality's new boundaries,
(c) a reasonable estimate of the number of electors in the area to be excluded,
(d) a statement indicating that the required public notice has been given and an affidavit of the clerk attesting to that publication,
(e) the name, address, signature of consent and date of signature of at least 60% of the electors of the area proposed to be excluded,
(f) an affidavit of the clerk or assessor attesting to the number of electors entitled to sign under paragraph (e),
(g) an affidavit of one or more persons attesting to the authenticity of the electors' signatures under paragraph (e),
(h) the result of the vote required by subsection (2)(c), unless this requirement is waived under subsection (4),
(i) the assessed value for municipal purposes of the taxable land and improvements in the proposed reduced municipality,
(j) evidence satisfactory to the Lieutenant Governor in Council that all creditors of the municipality consent to the proposed reduction or that provision has been made to discharge the debt owing to the creditors whose consent is not obtained,
(k) a statement under oath by the mayor, jointly with the treasurer and clerk, showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require,
(l) other matters that the Lieutenant Governor in Council may prescribe by regulation.
(4) The minister may waive the requirements of subsections (2)(c) and (3)(h).
(5) The Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a municipality without a request from the council if the area excluded is included in a municipality incorporated under section 10.
(6) When an area is excluded from a municipality under this section, the excluded area becomes a rural area.
221 (1) The Lieutenant Governor in Council may, after receipt of a request from the council of each of 2 adjoining municipalities, by supplementary letters patent, reduce the area of one municipality and extend the area of the other by the area withdrawn.
(2) Section 216 applies to the municipality whose area is extended and section 220 applies to the municipality whose area is reduced.
222 Where the area of a municipality is extended or reduced, the Lieutenant Governor in Council may, by the letters patent extending or reducing the area, impose on the municipality conditions that may be deemed proper.
223 (1) The bylaws and resolutions of the municipality to which an addition is made extend to the additional area, and continue in force until altered or repealed by the council.
(2) Notwithstanding subsection (1) but subject to section 338(3), where a municipality is incorporated or the area of a municipality is extended, a provision of a bylaw adopted by a regional district or a local trust committee under the Islands Trust Act that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council.
224 (1) On receiving a request signed by a majority of the electors of the municipality, the Lieutenant Governor in Council may, by order published in the Gazette, set aside the letters patent incorporating the municipality and disincorporate the municipality. No municipality must be disincorporated until the Lieutenant Governor in Council is satisfied that payment and discharge of all debts and obligations of the municipality is provided for.
(2) On disincorporation of a municipality all its property vests in the Crown in right of the Province, and all taxes imposed by the municipality remaining unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition.
(3) In the case of a municipality which is disincorporated at a date prior to the imposing of the taxes for the calendar year in which the disincorporation takes effect, all property within the boundaries of the municipality so disincorporated is liable to assessment, taxation, levy and collection of taxes for all purposes in that year under the Taxation (Rural Area) Act and the School Act, as if the property were liable to assessment in the preceding year.
225 (1) The Lieutenant Governor in Council may dissolve an improvement district wholly or partly in a municipality and may transfer to the municipality any or all of the assets, rights, claims and obligations of the district on conditions that may be deemed advisable and, in addition, may specify that the bylaws of the improvement district continue in force in the part of the improvement district that is within the municipality until amended or repealed by the council.
226 A Provincial or municipal licence, issued in any locality that has been incorporated as a municipality or disincorporated, added to or severed from an existing municipality, or united with another municipality in a new municipality and that was in force immediately before the change is valid until its expiration, subject to the provisions of any Act or a bylaw or regulation of the municipality affected. On expiration the reissue or renewal of a licence is governed by the statutory provisions or the appropriate municipal bylaw and regulation.
Division (2) -- Government and Procedure
227 (1) Except as established under subsection (2) or by the effect of section 228 (2), the council size for municipalities must be as follows:
(a) for a city or district having a population of more than 50 000, the council is to consist of a mayor and 8 councillors;
(b) for a city or district having a population of 50 000 or less, the council is to consist of a mayor and 6 councillors;
(c) for a town or village, the council is to consist of a mayor and 4 councillors.
(2) A council may, by bylaw, establish the number of members of council as a mayor and 4, 6, 8 or 10 councillors.
(3) A bylaw under subsection (2) must provide for an uninterrupted transition from the previous council.
(4) A bylaw under subsection (2) that would reduce the number of members of council must not be adopted without the assent of the electors.
228 (1) Unless a bylaw under subsection (2) applies, every member of a council must be elected from the municipality at large.
(2) A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis.
(3) A bylaw under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.
(4) The authority under subsection (2) applies despite the letters patent of the municipality, but a bylaw under that subsection must be approved by the Lieutenant Governor in Council before it is adopted.
(5) If a neighbourhood constituency is established,
(a) the only persons who may vote as electors of the neighbourhood constituency are
(i) resident electors of the municipality who meet the qualifications under the Election Act in relation to the area of the neighbourhood constituency, and
(ii) non-resident property electors of the municipality who meet the qualifications under the Election Act in relation to the area of the neighbourhood constituency, and
(b) except as permitted at additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neigh bourhood constituency.
(6) The notice of election under the Election Act for an election on the basis of a neighbourhood constituency must include the following additional information:
(a) the boundaries of the neighbourhood constituency,
(b) the voting place on general voting day for the neighbourhood constituency,
(c) a description of the qualifications established by subsection (5) (a) that entitle an elector to vote for a member of council to represent the neighbourhood constituency.
229 (1) The term of office for a mayor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with the Election Act, whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the mayor's successor takes office, whichever is later.
(2) The term of office for a councillor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with the Election Act, whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when a sufficient number of members of council have taken office to make up a quorum, which- ever is later.
230 (1) Following a general local election, the first meeting of a council must be on the first Monday after December 1 in the year of the election.
(2) If a quorum of council members elected at the general local election has not taken office by the time referred to in subsection (1), the first meeting of the council shall be called by the clerk and held as soon as reasonably possible after a quorum has taken office.
(3) After the first meeting, a council must meet as it decides and as provided in this Charter.
231 (1) A notice of the day, hour and place of a special meeting of council, being a meeting other than a statutory, regular or adjourned meeting, must be given 24 hours at least before the time of meeting by posting a copy of the notice at the regular council meeting place and by leaving one copy for each member of council at the place to which he or she has directed notices to be sent. Notice may be waived by unanimous vote of all the members of council. Each copy of the notice must be signed by the mayor or clerk.
(2) Two or more members of the council may, in writing, request the mayor to call a special meeting.
(3) Where the mayor, within 24 hours after receiving the request, refuses or neglects to call the special meeting to be held within 7 days after he or she receives the request, or where the mayor is absent, 2 or more members of council may call a special meeting and they must sign the notice.
232 (1) The council must, on or before November 30 in each year, cause to be prepared a provisional budget for the next year.
(2) The council
(a) must adopt the provisional budget, as prepared or as altered by the council, on or before the third Monday after January 1, and
(b) may amend the provisional budget at any time after its adoption and before adoption of the annual budget.
(3) Before the annual budget is adopted, it is not lawful to make an expenditure unless the expenditure is authorized by the provisional budget as prepared, adopted or amended under this section.
233 (1) On or before April 15 in each year, the council must direct preparation of the annual budget for the current year. The annual budget must be adopted by bylaw on or before May 15 in each year. An expenditure not provided for in the annual budget or in the annual budget as amended is not lawful.
234 The council must, on or before May 15 in each year, subject to this Charter, adopt a bylaw to impose rates on all taxable land and improvements according to their assessed value to provide the money required for
(a) all lawful general purposes of the municipality, including provision for uncollectable taxes and for taxes that it is estimated will not be collected during the year, but excluding money required under bylaws for the payments of interest and principal of municipal debt, the municipal share of the regional hospital district expenses or charges for which there is another specific payment provision in this Charter,
(b) during the current year, under bylaw, payments of interest and principal on municipal debt for which there is no other provision,
(c) amounts to be paid during the current year into a special reserve fund established under section 180,
(d) the money which, when added to the balance in the hospital rate account from the previous year, is sufficient for the municipal share of the regional hospital district expenses and the debt incurred for hospital purposes, according to the requisition submitted to the council by the regional hospital board,
(e) the money which, when added to the balance remaining in the district rate account from the previous year, is sufficient for the ordinary expenditures, including the municipal share of interest and principal on debt incurred, of an improvement district of which the municipality or part of it forms a part, and for which the municipality, either by statute or agreement, is required to impose a rate,
(f) the money which, when added to the amount remaining in the regional district rate account from the previous year, is sufficient for the municipal share of the expenses and debt payments of the regional district, according to the requisition submitted by the regional board,
(g) the money which, when added to the balance remaining in the Islands Trust rate account, is sufficient for the municipal share of the expenses of the trust, according to the requisition submitted by the minister under the Islands Trust Act.
235 (1) Notwithstanding the provisions of any Act or letters patent, a council that imposes, by bylaw, tax rates on taxable land and improvements based on their assessed value or their value as determined under a bylaw adopted under section 238 must adopt, whether tax is imposed for general municipal purposes or for other purposes, a variable tax rate system under which individual rates are determined and imposed for each property class.
(2) Without limiting subsection (1), that subsection applies to a bylaw adopted
(a) for the purposes of providing money required for one or more objects referred to in section 234, or
(b) under section 155.
236 (1) The Lieutenant Governor in Council may make regulations respecting the variable tax rate system provided for in section 235, including regulations
(a) prescribing limits on tax rates,
(b) prescribing relationships between tax rates,
(c) prescribing formulas for calculating the limits or relationships referred to in paragraph (a) or (b), and
(d) allowing the inspector under prescribed circumstances to vary, by order, the limits, relationships or formulas prescribed under any of paragraphs (a) to (c).
(2) Under subsection (1) the Lieutenant Governor in Council may prescribe different tax limits, relationships or formulas for each class of property, different municipalities or different classes of municipality.
(3) Under subsection (1) the Lieutenant Governor in Council may make different regulations for
(a) the taxation of land or improvements, or both, based on assessed value or the value determined under a bylaw adopted under section 238, for general municipal purposes,
(b) the taxation of land and improvements, based on assessed value or the value determined under a bylaw adopted under section 238, for other than general municipal purposes, including, but not limited to, taxation under section 234(c), (d), (e) and (f), and
(c) the taxation of land and improvements under section 155, based on assessed value or the value determined under a bylaw adopted under section 238.
237 (1) The rates authorized under section 234(a), (b) and (c) must be levied on the assessed value of land and improvements for general municipal purposes.
(2) The rates authorized under section 234(c) and (f) must be levied on the full assessed value of land and improvements on the basis provided by section 26 of the Hospital District Act.
(3) The rates authorized under section 234(d) may, in the discretion of the council, be levied on the basis selected by the trustees of the improvement district for other land in that district, or may be levied on a basis permitted by subsection (1).
(4) The rates authorized under section 234(e) must be levied,
(a) in the case of rates in respect of a regional district service for which the basis is set out in the establishing bylaw for the service, in accordance with that bylaw, and
(b) in other cases, on the basis provided in subsection (1).
238 (1) Instead of imposing tax rates on the assessed value of land and improvements, the council may, by bylaw, impose the rates
(a) on the sum of
(i) the average of the assessed value of the land in the current year and the 2 preceding calendar years, and
(ii) the assessed value of improvements in the current year, or
(b) on the sum of
(i) the assessed value of land in the current year minus not more than 66% and not less than 50% of the amount by which the increase in the assessed value of the land in the current year exceeds the average percentage increase in the value in the current year of all land within the municipality included in the same property class, and
(ii) the assessed value of improvements in the current year.
(2) A council must not adopt a bylaw under subsection (1) unless
(a) the council conforms to the requirements of any regulations made under section 239,
(b) before January 1 of the year in which the bylaw is to take effect, notice of intent to consider the bylaw is provided to the inspector and to the assessment commissioner,
(c) after January 1 of the year in which the bylaw is to take effect and at least 2 weeks before the adoption of the bylaw, a notice that contains the prescribed information and that describes the estimated effect of the bylaw on the taxation of sample properties within the municipality is published in 2 consecutive issues of a newspaper,
(d) the bylaw is adopted before March 31 in the year in which it is to take effect, and
(e) the bylaw establishes a procedure to allow property owners to complain to the council about errors made in applying the bylaw to their property.
(3) On the initiative of the collector or on the request of an assessed owner who is notified under section 276 of adjustments to the assessed value of the owner's property, the collector may correct errors made in applying the bylaw to any property.
(4) Subject to any regulation made under section 239, a bylaw under subsection (1) may
(a) apply to one or more property classes, or
(b) modify the averaging formula in subsection (1) (a) or the phasing in formula in subsection (1)(b) to exempt from the bylaw or govern the application of the bylaw to particular types of property within a property class, including property the assessed value of which is not the same as on the previous assessment roll as the result of
(i) an error or omission,
(ii) a subdivision or consolidation or a new development to, on or in the land,
(iii) a change in physical characteristics, in zoning, in the classification of the property under section 26(8) of the Assessment Act or in the eligibility of the property for assessment under section 26(4), 28 or 29 of that Act, or
(iv) any other prescribed factor.
(5) Where a council adopts a bylaw under subsection (1)
(a) the assessed value or the net taxable value must continue to be the basis for determining the amount of money to be raised in the municipality for the purposes of
(i) section 234(c) to (f) of this Charter,
(ii) sections 135 and 150 of the School Act,
(iii) section 15 of the Assessment Authority Act,
(iv) sections 13 and 14 of the Municipal Finance Authority Act,
(v) sections 11 and 12 of the British Columbia Transit Act, and
(vi) any other prescribed enactment, and
(b) the value determined under the bylaw, and not the assessed value or the net taxable value referred to in this or any other Act, must be the basis for taxing properties within the property classes specified in the bylaw to raise the money required under the provisions referred to in paragraph (a).
(6) Where a body other than the council sets a rate under an enactment for calculating property taxes and the council adopts a bylaw under this section, the council must, by resolution and notwithstanding any other Act, substitute a rate that is sufficient to raise the same amount of revenue in the municipality for that body from each property class to which that bylaw applies as the amount that would have been raised for that body had that bylaw not been adopted.
(7) Where the amount of revenue raised in any year for a body under subsection (6) exceeds the amount that would have been raised had the council not substituted a rate, the excess revenue must be held by the council at the credit of the body for the purpose of reducing the rate for the next year.
(8) This section applies to the 1993 or any subsequent taxation year.
239 The Lieutenant Governor in Council may make regulations
(a) restricting the property classes to which a bylaw under section 238 may apply,
(b) defining any term used in section 238,
(c) governing the way in which the averaging formula in section 238(1)(a) or the phasing in formula in section 238(1)(b) may be modified to exempt from the bylaw or govern the application of the bylaw to particular types of property within a property class, including property referred to in section 238(4)(b),
(d) prescribing the information to be contained in the notice that is to be published under section 238(2)(c), and
(e) prescribing factors for the purposes of section 238(4) and enactments for the purposes of section 238(5).
240 (1) In any year, the money produced under section 234(c) in excess of the requisition must be held at the credit of the hospital rate account to be used in partial payment of the district's requisition for the next year.
(2) Similarly, excess money produced under section 234(d) must be held at the credit of a district rate account to be used in partial payment of the amount required for the next year, and excess money produced under section 234(e) must be held at the credit of the regional district rate account to be used in partial payment of the amount requisitioned for the next year.
241 The minimum amount of tax under sections 234 to 236 in any year on a parcel of real property must be $1.
242 The taxes imposed for any year must be considered imposed on January 1 of the then current year, unless expressly provided otherwise by the enactment or bylaw imposing them.
(OPTION: retain business tax)
Division (3) -- Assessment and Taxation
243 (1) Unless otherwise provided in this Charter, the following property is exempt from taxation to the extent indicated:
(a) land, improvements or both vested in, or held by, Her Majesty or the municipality,
(b) land, improvements or both exempt from taxation by another Act,
(c) land, improvements or both of an established public library under the Library Act,
(d) land, improvements or both of an Indian, within a municipality incorporated under section 207, who is an owner under the letters patent, except taxation under section 234(a), (b) and (c),
(e) land, improvements or both within a municipality, other than a municipality incorporated under section 207(1), held in trust by the Crown for a band of Indians unless leased to or occupied by a person who is not a member of the band,
(f) a cemetery under the Cemetery and Funeral Services Act actually used and occupied for the interment of the dead or designated an approved interment area by the registrar under that Act,
(g) a building set apart for public worship or such a building that is under construction, and the land on which the building stands, together with
(i) any church hall considered by the local government to be necessary to the exempted building, and the land on which such a hall stands, and
(ii) any area of land surrounding the exempted building, an exempted hall, or both, that the local government may, by bylaw, exempt,
(h) a building that was constructed or reconstructed with the assistance of aid granted by the Province after January 1, 1947 but before April 1, 1974 and that is owned and used exclusively without profit by a corporation to provide homes for elderly citizens, together with
(i) the land on which the building stands, and
(ii) any area of land surrounding the exempted building that the local government may, by bylaw, exempt,
(i) a building set apart and used solely as a hospital under the Hospital Act, except a private hospital under that Act, together with
(i) the land on which the building stands, and
(ii) any area of land surrounding the building, not including land exempted under the Hospital Act or Hospital District Act, that the local government may, by bylaw, exempt,
(j) land and improvements for future hospital requirements that are
(i) designated for the purposes of this section by the Minister of Health, and
(ii) vested in, or held by, a society or corporation that is not operated for profit and that has as an object the operation of a hospital,
(k) a building
(i) owned by an incorporated institution of learning that is regularly giving children instruction accepted as equivalent to that given in a public school,
(ii) in actual occupation by the institution, and
(iii) wholly in use for the purpose of giving the instruction,
together with the land on which the building stands and any area of land surrounding the exempted building that the local government may, by bylaw, exempt as being reasonably necessary in connection with that building,
(l) fruit trees,
(m) improvements, other than dwellings and the fixtures, machinery and similar things mentioned in paragraph
(n), erected on farm land and used exclusively to operate a farm, up to but not exceeding an assessed value of $50 000,
(n) fixtures, machinery and similar things located on farm land and used exclusively to operate the farm which, if erected or placed, in or on land, a building or fixture or structure in or on it, would, as between landlord and tenant, be removable by the tenant,
(o) an improvement designed, constructed or installed to provide emer gency protection for persons or domestic animals in the event of a disaster or emergency within the meaning of the Emergency Program Act,
(p) sewage treatment plants, manure storage facilities, effluent reser voirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminators,
(q) land and improvements adapted or designed and exclusively used for the purpose of abating pollution by controlling waste substances, but not including improvements used for the purpose of converting or treating waste substances with a view to producing from them any commercial or useful product, provided that where land or improvements exempted under this paragraph are not exclusively used to abate pollution in the manner referred to in this paragraph, but are primarily so used, the assessment commissioner may, in his or her discretion, determine the portion of the assessed value of the land or improvements attributable to that abatement, and that portion is exempt.
(r) floating dry docks other than the onshore facilities of the floating dry dock, where the floating dry dock has a lift capacity in excess of 20,000 tonnes.
(2) Septic disposal systems are not exempt from taxation under this section.
244 In addition to the provisions of any other Act, the Lieutenant Governor in Council may make regulations prescribing exemptions from property tax levies under any Act, in respect of prescribed
(a) industrial land or industrial improvements or both, or
(b) business land or business improvements or both,
and different exemptions may be prescribed for each class of property.
245 (1) An exemption is not allowed under section 243(1)(h) unless title to the land is registered in the name of the religious organization using the building, or in trustees for the use of that organization, or in a religious organization granting a lease of the building and land to be used solely for the public worship of God.
(2) Where only a portion of a parcel of land is exempt under section 243(1)(h), (i), (j) or (k), the local government must
(a) adopt a bylaw
(i) that describes the exempt land by metes and bounds, and
(ii) that has annexed to it a plan showing the portion of the land exempt and the portion taxable, and
(b) file the bylaw in the proper land title office.
(3) Where a use exists which, but for a secondary use, would, in the opinion of the local government, qualify for exemption, the local government may, by bylaw adopted by 2/3 of its members, determine the proportions which must, for the land and improvements, be exempt and taxable.
(4) A bylaw or resolution approved under section 243(1) or this section after October 31 in any year is not effective for taxation in the next calendar year.
(5) An exemption under section 243(1)(b) to (p) and the municipality property portion of section 243(1)(a) must not be deemed to include exemption from a charge.
(6) The exemption under section 243(1)(c), (g), (h), (i) and (k) and the municipality portion of section 243(1)(a) extends only to taxation under section 234.
(7) Section 8 of the Cemetery Company Act does not apply to a frontage tax within the meaning of sections 143 and 144 or a parcel tax within the meaning of section 145.
246 (1) On or before October 31 in any year, the local government may by bylaw exempt from taxation under section 234(a), (b), (c) and (d) for the next calendar year or, with the assent of the electors, for a period not exceed- ing 10 years, land, improvements or both
(a) owned or held, maintained and operated as a park or recreation ground or for athletic or recreational purposes by another municipality,
(b) owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes,
(c) not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used exclusively for charitable or philanthropic purposes,
(d) owned and used exclusively by a horticultural or agricultural society,
(e) owned and used for water purposes by another municipality,
(f) in whole or in part, owned by another municipality and used for an airport, seaplane base or landing area for aircraft,
(g) owned or held by a person or organization and operated as a private hospital licensed under the Hospital Act or an institution licensed under the Community Care Facility Act,
(h) in whole or in part, for which a grant has been made, after March 31, 1974, under the Housing Construction (Elderly Citizens) Act,
(i) not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used as an art gallery, museum or for other cultural purposes,
(j) not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used as a search and rescue facility,
(k) used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall which the local government considers necessary to the church.
(2) Subsection (1) also applies to
(a) land acquired for water purposes by another municipality but not actually in use for any purpose,
(b) the interest in school buildings of a nonprofit organization specified by the local government that the nonprofit organization uses or occupies as licensee or tenant of a board of school trustees,
(c) the interest in municipality buildings of a nonprofit organization specified by the local government that the nonprofit organization uses or occupies as a licensee or tenant of the municipality,
(d) the part of a property that is taxable under section 142 of the School Act and is used by a nonprofit organization.
247 (1) In this section, "eligible heritage property" means property in an electoral area that is
(a) protected heritage property under the Planning Act,
(b) subject to a heritage revitalization agreement under the Planning Act, or
(c) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property.
(2) Despite any other enactment or provision of this Charter, but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year a local government may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt all or part of the eligible heritage property from taxation under this Part;
(b) if eligible heritage property exempted under paragraph (a) is a building or other improvement so affixed to the land as to constitute real property, exempt an area of land surrounding the exempted property from taxation under this Part for the same period of time as the exemption is made under paragraph (a) of this subsection,
(c) limit an exemption under paragraph (a) or (b) to a specified portion of the net taxable value of the property to which the exemption applies,
(d) make an exemption under this subsection subject to specified conditions.
(3) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if the bylaw receives the assent of the electors or is approved by the electors in accordance with subsection (4), for a specified period not greater than 10 years.
(4) Approval of the electors to a bylaw under subsection (2) is deemed to have been given if the following requirements are met:
(a) at least 30 days before adopting the bylaw, a notice is published in at least 2 issues of a newspaper
(i) identifying the eligible heritage property that would be subject to the bylaw,
(ii) describing the exemption that would be made for the eligible heritage property, and
(iii) stating that the bylaw may be adopted by the local government after 30 days unless more than 1/20 of the electors petition the local government to obtain the assent of the electors to the bylaw,
(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the municipal hall during its regular office hours,
(c) by the end of 30 days after the notice is first published under paragraph (a), 1/20 or fewer of the electors have petitioned the local government to obtain the assent of the electors to the bylaw.
(5) Within 30 days after adopting a bylaw under this section, the council must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with the notice provisions of the Planning Act.
248 (1) A bylaw under section 247 may provide that, if any of the following circumstances as specified in the bylaw occur, the local government may require the owner of the eligible heritage property at that time to pay to the municipality an amount equivalent to the total taxes exempted under the bylaw plus interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 272 for taxes in arrear:
(a) if the eligible heritage property is destroyed, whether with or with out proper authorization under the requirements of the heritage protection of the property,
(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property,
(c) if any other circumstances specified in the bylaw occur.
(2) A bylaw under section 247 that includes a provision under subsection (1) may not be adopted without the consent of the current owner of the eligible heritage property to which the bylaw applies.
(3) If a bylaw under section 247 includes a provision under subsection (1), within 30 days after the bylaw is adopted, the local government must have notice of the bylaw filed in the land title office.
(4) If a bylaw under section 247 includes a provision under subsection (1) and a circumstance referred to in the provision occurs, the local government may, by bylaw adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (1), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (1).
(5) If a local government does not adopt a bylaw under subsection (4)(a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the local government is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (1).
(6) If a local government adopts a bylaw under subsection (4)(a) within the time period referred to in subsection (5), the local government may
(a) require the Surveyor of Taxes to add the amount referred to in subsection (1) to the taxes payable on the eligible heritage property, or
(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (1) as a personal debt to the municipality.
249 (1) An exemption under section 246 or 247 may apply to the whole or a part of the taxable assessed value of land or improvements or both.
(2) An exemption under section 246(1)(b) or (c) may, in the discretion of the local government, be made applicable to property the registered owner of which is a trustee for an organization that in the opinion of the local government would otherwise qualify for exemption.
(3) A bylaw under section 245 or 246 or this section ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption and, after this, the property is liable to taxation.
250 (1) For the purposes of sections 250 to 253, "land" means land maintained as a golf course or held for cemetery purposes and not exempt from taxation under sections 243 and 245.
(2) Notwithstanding any Act, the local government may by agreement, for not less than 10 years, with the owner of land fix an amount that, subject to this section, is deemed to be the assessed value of the land during the term of the agreement for the purposes of levying taxes other than taxes for school purposes. There may be separate agreements for separate parcels of land.
(3) The actual value of the land at the date of an agreement, as determined by the assessor for the assessment roll for that year must be set out in the agreement.
(4) An agreement under this section may be renewed in accordance with the terms of the agreement.
(5) The local government may agree to rescind or amend an agreement made under this section, including rescission or amendment of a covenant, provision or condition included by reason of subsection (6), with the approval of the minister, who may direct that before an amended agreement is adopted the assent of the electors be obtained.
(6) An agreement must set out the provisions of section 251 in the form of covenants by or provisions or conditions agreed to by the municipality and the owner, or both as appropriate, together with any other covenants, provisions and conditions agreed to and not inconsistent with sections 250 to 253.
251 (1) Land that is the subject of an agreement made under section 250 must be retained and maintained during the term of the agreement for the use and purpose specified in the agreement.
(2) If, during an agreement, the owner sells the land, the agreement is terminated and the owner is liable to the municipality for 50% of the difference between the sale price, if greater than the actual value, and the actual value, or for the sum calculated under subsection (4), whichever is the greater.
(3) If, during an agreement, the owner of the land sells part of the land, the agreement is terminated for the part sold, and the owner is liable to the municipality for an amount equal to
(a) the sum of the total taxes on all the land that is the subject of the agreement that, but for the agreement, would have been levied by the municipality, reduced by any amounts already paid to the muni cipality as taxes on the land, together with accrued interest on the remainder at the rate prescribed under section 11(3) of the Taxation (Rural Area) Act, and
(b) one half of the difference between the sale price of the part sold, where it exceeds the amount that bears the same proportion to the actual value of all the land that the area of the land sold bears to the area of all the land.
(4) If, during the term of the agreement, the owner of the land changes or permits a change of the use of all or part of the land from that specified in the agreement, the agreement is terminated for the land the use of which has changed, and the owner is liable to the municipality for taxes calculated as in subsection (3)(a).
(5) The municipality has the first right to purchase land that is subject to an agreement under section 250.
(6) A dispute between the parties to an agreement on any matter arising from the agreement must be settled under the Commercial Arbitration Act.
252 If, after the expiry of the term of an agreement made under section 250, the owner of the land that was the subject of the agreement sells or changes or permits a change in the use of the land, section 251(2) and (3) or (4) applies, as the case may be, as if the agreement were still in force, except that his or her liability must be reduced by the proportion that the number of years expired since the expiration of the agreement bears to 10.
253 (1) The assessor must continue to assess land subject to an agreement as if the agreement had not been made and must maintain a record of the values assessed. The owner of the land has the usual right of complaint and appeal for that annual assessment.
(2) An agreement under section 250 is registrable in the proper land title district, and on registration constitutes a charge on the land, having preference over a claim, lien, privilege or encumbrance of any person except the Crown.
(3) All amounts for which an owner of land becomes liable to a municipality under sections 250 to 252 form a charge on the land and are collectable in the same manner and with the same remedies as ordinary taxes on land and improvements under this Charter.
(4) The registrar of a land title office must not transfer land subject to an agreement under this section without the approval of the inspector or a certificate from the clerk of the municipality showing that all obligations for amounts owing by the owner under sections 250 to 252 and the agreement having been discharged.
254 (1) Notwithstanding this Charter, land in a municipality that is forest land as defined in the Assessment Act must be so classified by the assessor and assessed under that Act, but taxed under section 234.
(2) The exemption provided by section 13(1) of the Taxation (Rural Area) Act applies to land in a municipality, but section 144(2) of the School Act applies for the purposes referred to in section 234 (c) and (d) of this Charter.
255 (1) Notwithstanding this Charter, the pole lines, cables, towers, poles, wires, transformers, equipment, machinery, exchange equipment, mains, pipe lines and structures (other than buildings) erected or placed in, on or affixed to land or a building, fixture or structure in or on the land, in a municipality, of any electric light, electric power, telephone, water, gas or closed circuit television company render that company liable to taxation under subsection (2).
(2) A company referred to in subsection (1) and carrying on its business in a municipality must be taxed annually at the rate of 1% as follows:
(a) for a telephone or closed circuit television company, on the gross rentals received in the second preceding year from its subscribers for telephones or television service situate in the municipality, including telephone interexchange tolls for calls between exchanges in the municipality,
(b) for an electric light, electric power, water or gas company, on the amount received in the second preceding year by the company for electric light, electric power, water or gas consumed within the municipality.
(3) Subsection (2)(b) does not apply in respect of revenue received in respect of
(a) light, power or water supplied for resale,
(b) gas supplied for the operation of motor vehicles fuelled by natural gas, or
(c) gas supplied to a gas company referred to in subsection (1) other than a gas company that is a government corporation as defined in the Financial Administration Act or a subsidiary of a government corporation.
(4) A company referred to in subsection (1), whether carrying on its business in a municipality or not, must be taxed annually for general taxation purposes under section 234 on its improvements other than those that are used solely within a municipality or a group of adjoining communities by that company for local generation, transmission, distribution, manufacture or transportation of electricity, telephonic communication, water, gas or closed circuit television.
(5) The land and buildings of a company referred to in subsection (1) must be taxed for general taxation purposes under section 234.
256 (1) Subject to sections 255(3) and (4), taxation imposed by section 255(2) must be in lieu, in whole or in part, of business licence fees, business taxes payable to the municipality by the company for the operations mentioned and of taxes, other than taxes for school and regional hospital district purposes, and local improvement and special rates, otherwise imposed and payable on or for its property.
(2) By October 31 in each year, the company must file with the collector a return of the revenue mentioned and received in the preceding year. By the day in the following year on which ordinary taxes are payable, it must pay the tax imposed by section 255(2) based on that revenue.
(3) The collector must record appropriate entries, for each company liable, on the property tax roll.
(4) Taxation under section 255 is subject to the same incidents, remedies and penalties as ordinary taxes on land.
(5) Notwithstanding section 255 or this section, a company to which the sections apply for the first time within the municipality, or part of it, must pay the tax imposed by section 255(2) in the second year of its operation on the basis of revenue earned in the first year, and the report of revenue earned in the first year must be filed before May 8 of the second year of operation. The collector must make appropriate entries for each company liable.
257 For the purpose of sections 252 and 259, the definition of "occupier" in the Assessment Act applies.
258 (1) Subject to this section, land and its improvements are liable to taxation if the land is
(a) owned in fee simple by the Crown or some person or organization on behalf of the Crown, and
(b) held or occupied other than by or on behalf of the Crown.
(2) This section does not make the following liable to taxation:
(a) land or improvements otherwise exempt under section 243(1)(b) to (l),
(b) land or improvements otherwise exempt under the municipal portion of section 243(1)(a),
(c) land or improvements exempted by a bylaw under section 245, 246 or 247,
(d) a highway occupied by a utility company.
(3) Except as provided under the Veterans' Land Act (Canada), the taxes imposed on land and improvements referred to in subsection (1) are, subject to subsection (3), a liability only of the holder or occupier, recoverable in the manner set out in this Charter, and are not a lien or charge on the land and improvements which are not liable to tax sale.
(4) Land disposed of by the Crown in right of the Province and for which the Crown grant has not been registered, is, together with its improvements, liable to tax sale, and the taxes imposed are a lien and charge on them. The provisions of this Charter for assessment, taxation, recovery of taxes and tax sale apply with the necessary changes and so far as applicable.
(5) This section applies, with the necessary changes and so far as applicable, to improvements owned, held or occupied by or leased to, a person other than the Crown, situate on land the fee of which is in the Crown, or in some other person or organization on behalf of the Crown.
(6) This section applies, with the necessary changes and so far as applicable, to land held in trust for a band of Indians and occupied, other than in an official capacity, by a person not an Indian.
(7) Where a supplementary assessment roll has been prepared under the Assessment Act for land held or occupied in the manner mentioned in subsection (1), the holder or occupier is liable to real property tax in the calendar year in which the holding or occupancy commenced for the portion of the calendar year the land was held or occupied. Section 420 applies to this subsection.
259 (1) The rules for taxation of Crown land used by others, set out in section 258(1), (2), (3) and (4), apply to and make liable for taxation land the fee of which is in the municipality but which is held or occupied other than by or on behalf of the municipality, and its improvements.
(2) This section does not apply to land or improvements which are exempt from taxation by the municipality under the terms of a lease agreement entered into prior to July 1, 1957.
(3) An occupier of land in the municipality assessed under section 35 of the Assessment Act is subject to taxation in the same manner as an occupier of land taxed under this section.
260 A person who is entered on the assessment roll under section 3 of the Assessment Act must have his or her name and address entered on the property tax roll and must be sent copies of the notices under sections 276(1) and 277 so long as his or her name remains on the assessment roll but he or she is not, for any purpose, an assessed owner.
261 Taxes remaining unpaid or assessments imposed on a parcel of land combined by the assessor under the Assessment Act with other parcels to form one parcel, must be deemed to be taxes on all the land combined as one parcel, and for the purpose of assessment, taxation, recovery of taxes and tax sale, parcels so combined must be deemed to constitute one parcel.
262 The land assessment roll, on completion by the assessor, must be open at all convenient hours to inspection without charge.
263 (1) Each assessment and assessment roll, other than those under the Assessment Act, must be considered and dealt with by a revision committee of council consisting of the members of council or consisting of not less than 3 and not more than 5 persons, who may or may not be members of the local government, and who must be appointed for that purpose, unless otherwise provided by bylaw under subsection (4), by the local government at its first meeting in each year.
(2) Each member of a revision committee of council, before entering on his or her duties, must take and subscribe before the clerk of the municipality the following oath: I, ......................... , do solemnly swear [or affirm] that I will, to the best of my judgment and ability, and without fear, favour or partiality, honestly decide the complaints to the revision committee of council which may be brought before me for hearing and decision as a member of that court.
(3) The local government may pay the expenses of the revision committee of council out of current revenue.
(4) The local government may by bylaw prescribe the number, qualifications and terms of office of members of the revision committee of council and may, by bylaw, provide for their remuneration, other than for members of the local government, not exceeding $25 for each day or part of a day for service as a member of the revision committee of council.
(5) In addition to the powers and duties given by subsections (1) and (5), a revision committee of council may adjudicate complaints made under a bylaw adopted under section 275.1 about errors made in applying the bylaw to the assessed value of any property, and may direct the collector to make any amendments to the adjusted value of the property that are necessary to give effect to the court's decision.
(6) Sections 40(1), (2), 41 to 43, 44(1) to (9), (11) and (12) and 45 to 47 of the Assessment Act apply to a revision committee of council, and a reference in those sections to an assessor is a reference to a collector or other person named by the local government.
264 A local government or person dissatisfied with the decision of a revision committee of council may appeal to the Supreme Court. The person appealing must serve on the clerk, within 10 days after the decision complained of, a written notice of intention to appeal to the Supreme Court signed by the person, or his or her solicitor or an agent authorized in writing, and must set out the grounds of appeal.
265 (1) The court must fix a day for hearing the appeal, notice of which must be given to the clerk and the appellant. The court must hear the appeal, including evidence adduced on oath before it, in a summary manner and may adjourn the hearing and defer judgment at pleasure, but so that all appeals may be determined within one month from the final revision by the revision committee of council of the assessment roll.
(2) If the appeal is not decided within the time provided, the decision of the revision committee of council stands.
(3) The clerk or the assessor must, on an appeal, produce before the court, the assessment roll and all records in his or her possession affecting the matter.
(4) Costs of an appeal are in the discretion of the court.
(5) An appeal on a question of law lies from a decision of the court to the Court of Appeal with leave of a justice of the Court of Appeal.
266 The assessment roll as confirmed and authenticated by the revision committee of council is, subject to further amendment on an appeal, valid and binding on all parties concerned, notwithstanding an omission, defect or error in procedure or in the roll or in a notice, or the omission to mail a notice. The roll for all purposes is the assessment roll of the municipality until a new roll has been revised, confirmed and authenticated by the revision committee of council.
267 (1) The clerk and the collector must, on the receipt of a supplementary roll prepared under the Assessment Act, carry out as soon as reasonable the duties imposed on them relating to the property tax roll, but 30 days' notice must be given for payment of taxes imposed by the supplementary roll. No penalty must be added in that period.
(2) The obligation to give notice under subsection (1) must be considered satisfied if the collector made a reasonable effort to mail or otherwise deliver the notice.
(3) Taxes, if any, imposed through a supplementary roll, are a debt to the municipality and subject to all methods available to it for the recovery of taxes, including tax sale.
(4) Where an assessment on a supplementary roll is set aside or the assessed value reduced by the council established under the Assessment Act, or on appeal from the council, the collector must refund to a taxpayer the excess amount of taxes paid by him or her and any penalty and interest paid on the excess. Where no tax payment was made, the collector must adjust the tax roll to record the proper information.
(OPTION: include audit provisions in Charter instead of in Financial Administration Act)
Division (4) -- Taxes and Their Collection
268 (1) After authentication of the assessment roll under the Assessment Act and adoption of the annual rates bylaw, the collector must prepare a property tax roll, which may be an extension of the assessment roll.
(2) The roll may be in the form of a book or may consist of a system of sheets, cards or other records as must be approved by the local government.
269 (1) Where the property tax roll is not an extension of the assessment roll, the collector must, for each parcel of land on the assessment roll, place on the tax roll, from the assessment roll,
(a) the short description,
(b) the name and address of the assessed owner, and of a person claiming notice of assessment and taxes,
(c) the taxable value of land for general taxation purposes, and separately for other purposes, and
(d) the taxable value of improvements for each purpose.
(2) The collector must, in addition, set out
(a) the taxable value of property particularized in statements made under sections 16 to 21 of the Assessment Act,
(b) the combined net taxable value of land and improvements taxed for general taxation purposes, and separately for other purposes,
(c) the taxes imposed for the current year for general and loan rate purposes, for school rate purposes, and for other purposes, separately for each purpose,
(d) taxes or charges required on the tax roll for collection,
(e) the amount of taxes in arrear, and of delinquent taxes, and
(f) other particulars directed by the local government.
(3) Where the taxable value of land or of improvements for general tax purposes is the same as that for other purposes, compliance with subsection (1)(c) or (d) is sufficient by entering the value in either case once only.
(4) Where the net taxable value of land and improvements taxed for general purposes is the same as that for other purposes, it is sufficient for subsection (2)(b) to enter the value once only in the roll.
270 (1) Where the property tax roll is not an extension of the assessment roll, the collector must, for each parcel of land on the assessment roll, place on the tax roll, from the assessment roll,
(a) the short description;
(b) the name and address of the assessed owner, and of a person claiming notice of assessment and taxes;
(c) the taxable value of land for general municipal taxation purposes, and separately for other purposes; and
(d) the taxable value of improvements for each purpose.
(2) The collector must, in addition, set out
(a) the taxable value of property particularized in statements made under sections 16 to 21 of the Assessment Act;
(b) the combined net taxable value of land and improvements taxed for general municipal taxation purposes, and separately for other purposes;
(c) the taxes imposed for the current year for general and loan rate purposes, for school rate purposes, and for other purposes, separately for each purpose;
(d) taxes or charges required on the tax roll for collection;
(e) the amount of taxes in arrear, and of delinquent taxes; and
(f) other particulars directed by the council.
(3) Where the taxable value of land or of improvements for general municipal tax purposes is the same as that for other purposes, compliance with subsection (1) (c) or (d) is sufficient by entering the value in either case once only.
(4) Where the net taxable value of land and improvements taxed for general municipal purposes is the same as that for other purposes, it is sufficient for subsection (2) (b) to enter the value once only in the roll.
271 (1) Where the property tax roll is an extension of the assessment roll, the collector must add to the roll, for each parcel of land on the assessment roll,
(a) the items required for section 270(2)(b) to (f), and
(b) the net taxable value of the property particularized in the statements made under the Assessment Act.
(2) Where the net taxable value of land and improvements taxed for general municipality purposes is the same as that for other purposes, it is sufficient to enter the value once only.
272 (1) The taxes and rates on land, improvements or both, and percentage additions, which are unpaid on December 31 in the year imposed are deemed to be taxes in arrear, and bear interest from that date at a rate prescribed under section 11(3) of the Taxation (Rural Area) Act. The interest is deemed to be part of the taxes in arrear, and the total amount of the taxes in arrear is a charge on the land, improvements or both as if the additions and interest had originally formed part of the taxes and rates assessed.
(2) All taxes on land, improvements or both remaining unpaid on December 31 in the year following imposition are delinquent on that date and thereafter bear interest at a rate prescribed under section 11(3) of the Taxation (Rural Area) Act until paid or recovered. The added interest is part of the delinquent taxes and a charge as in subsection (1).
273 (1) If a parcel of land appears on the assessment roll to have been subdivided, the collector, in placing arrears or delinquent taxes on the property tax roll, must after attributing to each subdivided portion of the parcel its appropriate class as prescribed under section 26 of the Assessment Act apportion them in the same proportion in money as the assessment for each subdivided parcel as so classified bears to the total assessment. The amount so arrived at must be placed on the roll against the subdivided parcel. The assessor must provide the collector with the assessment apportionment.
(2) This section applies also where part of a parcel on which taxes are due has been sold and transfer delivered to the purchaser.
274 (1) If any plan of subdivision is deposited in the land title office after November 30 in any year and before June 1 in the next year, the collector may
(a) apportion the taxes payable in that next year between the parcels created by the subdivision in the same proportions as taxes would have been payable in respect of the parcels had the subdivision occurred on or before November 30 in the first year, and
(b) on making an apportionment under this subsection, record the apportionment in the manner that the collector considers necessary.
(2) Taxes apportioned to a parcel under subsection (1)(a) are the taxes payable in respect of the parcel in the year for which they are apportioned.
(3) The assessor for the area in which the land is situated must provide the collector with the assessed values necessary to calculate the proportions of taxes referred to in subsection (1).
275 If a plan has been cancelled, the amount, if any, of taxes in arrear or delinquent against a parcel in the plan or subdivision cancelled must be placed on the property tax roll against the parcel of land as it appears after cancellation.
276 (1) The collector must, for each parcel of land shown on the assessment roll on which taxes have been imposed under any Act, mail to each person named on the property tax roll as the assessed owner, at the address on the roll, a demand notice showing
(a) a short description of the property,
(b) the taxes imposed for the current year for general and loan rate purposes, for school rate purposes and for other purposes, separately stated,
(c) any credit or abatement authorized by a Provincial Act,
(d) other taxes or charges placed on the roll for collection,
(e) the dates when the penalties under section 291 will be added, and
(f) other information the collector may consider relevant, or that may be prescribed by regulation.
(2) On its reverse side, the notice must have an application for Provincial home owner grant under the Home Owner Grant Act.
(3) The words "Subject to taxes in arrear" may be stamped on the notice for property with taxes in arrear.
(4) Any number of parcels of land with their improvements, if any, assessed in the name of the same owner may be included in one notice. When several of the parcels are assessed at the same value, the notice must be deemed sufficient if it clearly identifies the property assessed and taxed as a block, parts of a block or a series of lots, without the full description for each parcel.
(5) The notice must include or have enclosed with it, for each parcel of land on the assessment roll the assessed value of which has been adjusted under a bylaw adopted under section 238, a statement
(a) informing the owner that assessed values and certain tax rates have been adjusted as a result of the bylaw,
(b) specifying the adjusted value of the land and the value of any improvements on it, and
(c) describing the procedure for requesting the collector to correct errors and for complaining to the council.
(6) The collector must enter the date of mailing the notice either on the tax roll opposite the name of a person to whom the tax notice has been sent, or in an affidavit on the roll.
(7) The obligation to give notice under this section must be considered satisfied if the collector made a reasonable effort to mail or otherwise deliver the notice.
277 (1) The collector must, no later than the date he or she mails the tax demand notice, mail to each assessed owner having taxes in arrear, delinquent taxes or property sold under section 303 but remaining subject to redemption under section 314, at the address on the tax roll, a statement of the amount of the taxes in arrear and of delinquent taxes.
(2) For property with delinquent taxes, the statement must state: This property will be sold for taxes on [date of annual tax sale] in this year, unless the delinquent taxes, with interest, are sooner paid.
(3) For property sold under section 303 but subject to redemption under section 314 the statement must state: Sold for Taxes This property was sold for taxes on [date of sale], in the preceding year, and the redemption period expires on [latest date for redeeming]. Redemption should be effected before payment of the current taxes is made.
278 (1) The collector must mail or otherwise deliver a copy of a tax demand notice under section 276(1) and of the statement under section 277 to all persons who have requested this in accordance with subsection (2) during the current year.
(2) In order to make a request for the purposes of this section, a person must
(a) make a written request to the collector, including in it a description of the property for which the notice is requested sufficient to allow the collector to identify the property, and
(b) at the time of the request, pay the fee that is set under subsection (3) in relation to each parcel for which notice is requested.
(3) The local government may, by bylaw, set fees for the purposes of subsection (2).
279 (1) Where an assessment is set aside or varied between the date of the adoption of the annual rates bylaw and the date of the issue of the tax demand notice, the collector must make the necessary adjustment in his or her records and a report on them to the local government.
(2) Where an assessment is set aside or varied after the tax demand notice for the property affected has been issued, the collector must report the facts to the local government which must authorize the necessary adjustment.
(3) The amount of any tax as amended under this section is the amount of taxes imposed for the current year on the property affected and, notwithstanding the terms of a receipt given by the collector, any excess paid must be refunded and any balance unpaid must be taxes due and payable.
280 Where a person is refunded an amount of taxes paid under this Charter, the municipality must pay the person interest as prescribed by the Lieutenant Governor in Council.
281 (1) A charge imposed under section 36(1), 39 or 40, or for work or services provided, whether on default or otherwise, under an enactment now or formerly in force, is a charge or lien on the land or real property on or for which the charge is imposed, done or provided, with priority over any claim, lien, privilege or encumbrance of any person except the Crown. The charge does not require registration to preserve it, and the amount of the charge must be collected in the same manner and with the like remedies as ordinary taxes on land and improvements under this Charter.
(2) A charge specified in subsection (1) that is due and payable by December 31 and unpaid on that date must be deemed to be taxes in arrear and must promptly be so entered on the tax roll by the collector.
282 An owner of land or real property aggrieved by the creation of a charge or lien under section 281 may, on 10 days' notice in writing to the municipality, apply to the Supreme Court for an order that the charge be removed or that the amount for which it was imposed be varied. The court, where it is satisfied that any of the charges for which the charge or lien was created were made improperly, may order that the charge or lien be removed or that the amount be varied, or make another order believed proper.
283 (1) The rates or tolls chargeable under a bylaw adopted by the local government or under an order of the Comptroller of Water Rights under the Water Act for carriage and delivery of water for irrigation of land in a position to be supplied or served from the municipality's irrigation works, and the costs and charges for the service, are a charge on the land on which the water is supplied or used or which is in a position to be served. The rates or tolls and costs and charges are taxes deemed to be levied under this Charter and the provisions of this Charter for collection and recovery of taxes apply.
(2) This section does not limit a municipality's rights under an agreement for the supply of water, or the generality of section 281.
284 (1) Taxes accrued and to accrue on land and its improvements, and a judgment under section 294 for the taxes, are a special charge on the land and improvements, with priority over any claim, lien, privilege or encumbrance of any person except the Crown. The charge does not require registration to preserve it.
(2) Where it is necessary or advisable to protect or enforce a charge by a proceeding, it may be done by order of the court, on application for it and on notice the court considers proper.
285 The local government may by bylaw authorize the collector to receive money for taxes before the due date. The bylaw may provide the terms for accepting and holding the money including interest on it and its rate.
286 The collector must accept payments on account of taxes due. Acceptance does not affect the liability of a person for full payment or of the land or improvements to be sold for the amount of taxes unpaid. The collector has no power to waive full payment or to make an agreement to extend time or postpone proceedings to collect taxes.
287 The collector may receive payment of the taxes apportioned under section 273 for a part of a subdivided parcel or for a part of a parcel split on sale.
288 (1) The local government may by bylaw provide for payment of specified real property taxes by monthly, quarterly or half yearly instalments, and where a bylaw is adopted under this section the local government may by bylaw modify the requirements of sections 272 and 291.
(2) The collector must, for each parcel, determine the amount of each instalment of taxes payable. Each amount is due and payable in accordance with the bylaw.
(3) A bylaw under this section may fix the addition to be made to an instalment in the current year if not paid by the due date, subject to the limit that an addition must not exceed 10% of the amount of the taxes payable by the instalment.
(4) Interest must be added to unpaid instalments of taxes in arrear or delinquent at the rate prescribed under section 11(3) of the Taxation (Rural Area) Act.
(5) A bylaw under this section may provide for classification of real property according to uses or amount of taxes payable in the preceding year, or both, and may exempt any class of real property from its provisions.
289 Payments for taxes must be credited by the collector, in the following order, against
(a) delinquent taxes including interest,
(b) taxes in arrear including interest,
(c) a penalty or percentage addition in the current year,
(d) taxes imposed under the School Act,
(e) special rates or charges in the current year,
(f) any unpaid current taxes.
290 (1) The collector, at the times directed by the local government, must pay the amounts collected to the treasurer, or, if so directed, deposit them to the credit of the municipality in a savings institution.
291 (1) The collector, as soon as is practicable after July 1 in each year, unless other dates and percentage additions have been determined under subsection (2), must add to the unpaid taxes of the current year, for each parcel of land and its improvements on the property tax roll, 10% of the amount unpaid on July 2 of that year.
(2) The local government, by bylaw adopted prior to the mailing of any tax demand notices under section 276 in that year, may alter the date to a date later than July 2, or designate 2 or more dates, the first not earlier than July 2, and specify the percentages which may be imposed on each date on taxes unpaid on that date. The aggregate of the percentages must equal 10%. A date under this subsection must not be later than November 30, when taxes unpaid are subject to the full 10% addition or the part of it not yet added.
(3) A bylaw remains in force from year to year.
292 Unpaid taxes and their penalty additions and interest, when collected, form part of the general municipal revenue.
293 (1) The collector must, on demand, and without charge, according to the facts, give the owner of real property a written statement showing the amount of all unpaid taxes, or a certificate that all taxes, rates, assessments and charges imposed, levied, charged or assessed against the real property mentioned in the certificate have been fully paid, and that all local improvement and other special rates which have become due have been fully paid up to the date of the certificate.
(2) The collector must give to any person who requests it and pays the fee set under subsection (3) a certificate showing
(a) the amount of unpaid taxes charged against specified real property,
(b) whether the real property has been sold for taxes, and
(c) if the property has been sold for taxes, the time remaining for redemption, if any, and the amount required to redeem it.
(3) The local government may, by bylaw, set fees for the purposes of subsection (2).
(4) An error in a statement or certificate given under this section does not subject the municipality to damages.
294 (1) An assessed owner, in any year, of land in a municipality, improvements or both, or of a taxable interest in them, is liable to the municipality for all taxes or rates imposed by the municipality under any Act now or for merly in force on the land, improvements or both during the year, and all unpaid taxes or rates imposed in a previous year.
(2) The liability is a debt recoverable by the municipality by action in a court of competent jurisdiction. A copy of that part of the property tax roll that refers to the taxes or rates payable by the person, certified as a true copy by the clerk, is evidence of the debt.
(3) The liability must not be enforced by action against a person whose name appears on an assessment roll only as a personal representative or trustee of an estate, except to the extent and value of the assets of the estate which have come into his or her hands.
295 (1) Notwithstanding any Act, a collector, with the approval of the local government, may, directly or by agent, levy the amount of taxes due, with costs, by distress of the output of the taxed property, of goods and chattels of the person liable to pay the taxes, of any goods and chattels in his or her possession in the Province, or of any goods and chattels found on his or her premises, the property of or in the possession of another occupant of the premises, and which would be subject to distress for rent arrears due to a landlord. The costs chargeable must be those payable as between landlord and tenant.
(2) A collector who makes distress must, by notice posted in at least 3 conspicuous public places in the locality where the property seized is to be sold, give at least 10 days' notice of the time and place of the sale and of the name of the taxpayer whose property is to be sold. At that time the collector or agent must sell at public auction the property or as much as may be necessary.
(3) A surplus over the amount of the taxes and costs must, if no claim to it is made by another person on the ground that the property sold belonged to him or her, or that he or she was entitled by lien or other right to the surplus, be paid to the person in possession of the property when seized. That person must give a receipt. If a claim is made by the person for whose taxes the property was distrained and the claim is admitted, the surplus must be paid to the claimant and his or her receipt taken for it. If the claim is contested, the surplus must be retained by the collector until the rights of the parties have been determined.
296 (1) The local government, by bylaw adopted by at least 2/3 of its members, may accept, in lieu of all unpaid taxes, rates, interest and costs against real property in the municipality, otherwise unencumbered, an absolute conveyance to the municipality of the whole of the real property from its registered owner.
(2) Delivery of the conveyance must be made to the clerk, who must promptly apply to the proper land title office for registration of the municipality as owner.
(3) Registration of the municipality as owner of the land or real property must be deemed to be in payment of and discharge of all taxes, rates, interest and costs assessed and chargeable against it at the date of the conveyance.
297 Where the Crown in right of the Province has agreed to sell land under an agreement to purchase, the collector must notify the Minister of Lands, Parks and Housing within 3 months after taxes with respect to the person holding the land became delinquent. That minister must cause a suitable notation to be made on the record of purchase and may take any other steps considered advisable.
298 Where the Crown in right of the Province has agreed to sell land in a municipality on terms of deferred payment, where the holders of such agreements for sale have defaulted in payment for the land or have abandoned the land and the title remains in the Crown, and where the agreement holders have defaulted, in payment of municipal taxes against the land, then in each case the taxes are a first charge against the land and the Province must, following the sale of the land, pay the municipal taxes out of the proceeds of the sale. The amount paid must not exceed the amount received by the Province for the sale.
299 (1) The collector must not sell land the fee of which is in Her Majesty in right of the Province and which is held under lease, licence, permit or location.
(2) Within 5 months from the date when the taxes on land referred to in subsection (1) become delinquent, the collector must give written notice to the person liable for them, either by serving the notice or by sending it by registered mail, that the lease, licence, permit or location will be cancelled if the person does not pay the delinquent taxes, together with interest and all subsequent taxes, within 6 months from the date when the taxes became delinquent.
(3) The Supreme Court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.
(4) The collector must send a copy of the notice under subsection (2) to the minister responsible for the administration of the Land Act.
(5) Failing payment of the delinquent taxes, with interest, and all subsequent taxes within the 6 months, the collector must forward to the minister a list of defaulting lessees, licensees, permittees or locators. The minister must at once cancel the leases, licences, permits or locations.
(6) If good reasons are shown to the satisfaction of the minister that the defaulting person, from poverty, sickness or other cause, has been unable to pay the amount due within the time limit, the minister may extend the time within which payment must be made before cancellation takes effect.
300 Until the Minister of Lands, Parks and Housing notifies the collector of cancellation, the collector must not cancel an amount due on the property tax roll. The minister must, on cancellation of a lease, licence, permit or location, notify the collector who must cancel the amount due and omit from the tax roll any reference to the cancelled instrument.
301 (1) The collector may sell land, the fee of which is in the Crown in right of the Province, held by a person under an agreement to purchase. The sale, held at the annual tax sale, is subject to the interest of the Crown. The collector must expressly state at the sale that the interest of the Crown is prior to all claims and is not affected by the sale.
(2) Sections 310 to 318 do not apply to a sale under this section.
(3) The collector must give the purchaser a certificate under his or her hand describing the land sold, stating the price, and that the interest of the Crown in right of the Province has priority over all claims and is not affected by the sale, and that the sale is made under this section. He or she must promptly furnish a copy of the certificate and the address of the purchaser to the minister responsible for the administration of the Land Act.
302 (1) The minister responsible for the administration of the Land Act may accept the tax sale purchaser as purchaser of the land and may deal with that purchaser to the exclusion of the person whose interest was sold at the tax sale and of all persons claiming under that person.
(2) If the minister accepts the tax sale purchaser as purchaser of the land, the minister must notify the collector of this.
(3) If the minister does not accept the tax sale purchaser as purchaser of the land or does not notify the collector within 6 months from the date of sale that the minister has accepted the purchaser, the purchaser is entitled to a refund from the municipality of the amount the purchaser paid together with interest at the rate prescribed under section 11(3) of the Taxation (Rural Area) Act.
303 (1) At a time and place prescribed by bylaw, not less than once per annum, the collector must offer for sale by public auction each parcel of real property on which taxes are delinquent.
(2) The collector may adjourn the sale under subsection (1) to the same hour on the following day, and from day to day until each parcel is disposed of.
(3) The collector may act as auctioneer.
(4) He may also offer for sale the other improvements on the real property as are taxable under this Charter and on which taxes are delinquent. That sale must be in accordance with section 295.
(5) The sale of real property is not a bar to a sale under section 295.
(OPTION: eliminate sections 303 to 322 and provide instead that tax sale parcels automatically revert to the municipality)
304 The local government may exempt from the sale by bylaw the sale of any real property owned by the Crown. Exemption does not relieve the real property from taxes lawfully imposed or prejudice the right of the collector to offer it for sale in a succeeding year.
305 (1) Notice of the time and place of the tax sale and the description and street address, if any, of the property subject to tax sale must be published in not less than 2 issues of a newspaper circulating in the municipality. The last publications must be not less than 3 days or more than 10 days before the date of the tax sale.
(2) The collector may act as an auctioneer.
306 A person authorized by council may, for the municipality, bid at the tax sale up to a maximum amount fixed by council.
307 (1) The collector is authorized to receive from the proceeds of a sale under section 303 the following amounts for the use of the municipality,
(a) the amount of delinquent taxes, taxes in arrear and interest to the first day of the annual tax sale for which the parcel of land and the improvements are liable for sale;
(b) the taxes, including penalties incurred, for the current year on the land and improvements;
(c) the sum of 5% of the foregoing amounts; and
(d) the fees prescribed under the Land Title Act.
(2) The total of these amounts is the upset price and the lowest amount for which the parcel may be sold.
(3) The highest bidder above the upset price or, if there is no bid above the upset price, the bidder at the upset price, must be declared the purchaser. Where there is no bid equal to the upset price, or no bid, the municipality must be declared the purchaser. The collector may, before the close of the annual tax sale, again offer for sale on the same conditions as before a parcel of which the municipality has been declared to be the purchaser.
(4) If a purchaser fails to pay the collector immediately the amount of the purchase price, the collector must promptly again offer the parcel for sale.
308 A purchaser at a tax sale, other than the municipality, must, at the time of the sale and before he or she is given the certificate of sale, by himself or herself or his or her agent sign a statement setting out his or her full name, occupation and address and authorizing the collector to make the application referred to in section 318(1) to register at the appropriate time his or her title to the real property. The statement must be preserved with the records of the sale.
309 The collector, after a sale to any person other than the municipality, must give the purchaser a certificate under his or her hand describing the parcel sold and stating the sale price and that an indefeasible title will be applied for on the purchaser's behalf on the expiry of one year from the date of sale unless the property is redeemed or the sale cancelled under section 320.
310 Where the collector sells property for taxes, he must promptly after the sale file in the proper land title office the notice of the tax sale and pay the fees prescribed under the Land Title Act for filing the notice and making the proper references.
311 (1) If property is purchased by a municipality under section 307 and is not sold later at the sale, within 9 months after the purchase, the council may sell the property to any person for not less than the upset price plus interest accrued from the date of purchase at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
(2) On a sale under this section, the council must direct the collector to give the purchaser a certificate similar to that under section 309.
(3) A sale under this section does not affect the period for or the right of redemption by the owner under this Act.
312 (1) Not later than 3 months after the sale, the collector must give written notice of the sale and of the day the redemption period expires, either by serving the notice or by sending it by registered or certified mail, to
(a) the person registered in the land title office as owner of the fee simple of the property, and
(b) any persons registered as owner of a charge on the property.
(2) The Supreme Court may, on application, order that the notice under subsection (1) may be served by substituted service in accordance with the order.
(3) No liability or responsibility other than is set out in subsection (1) rests with the collector or municipality to give notice of the sale for taxes if there was a reasonable effort to serve or mail the notice.
313 (1) During the period allowed for redemption, the real property must continue to be assessed and taxed in the name of the person who at the time of sale appeared on the assessment roll as owner and he is liable for taxes accruing. The taxes accruing must continue to be a special lien on the property under section 284.
(2) The purchaser at the tax sale may pay the taxes which become due during the period of redemption, and the amount so paid must be added to the amount required to redeem.
314 (1) An owner or registered owner in fee simple of a parcel of property sold at a tax sale, or an owner of a registered charge, or another person on their behalf, may, within one year from the day the annual tax sale began, or a further time allowed by council under subsection (4), redeem the property by paying or tendering to the collector for the use and benefit of the purchaser under section 307
(a) the upset price of the parcel at the time of the tax sale;
(b) all costs of which the collector has had notice which have been incurred by the purchaser in maintenance of the real property and in prevention of waste;
(c) taxes advanced by the purchaser; and
(d) interest to the date of redemption on any amount in excess of the upset price and on the total amount expended by the purchaser under paragraphs (a) to (c) during the period for redemption, at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
(2) So much of the amount received by the collector at the sale for land title fees as is not required must be deducted.
(3) On redemption of a parcel, the purchaser is entitled to receive from the municipality all amounts paid by the purchaser together with interest to the date of redemption at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
(4) Where the municipality has been declared the purchaser and the property has not been subsequently sold under section 307, the council may by bylaw extend for one year only the period for redemption.
315 (1) Where the property is not redeemed, money received by the collector at the tax sale above the upset price must be paid without interest to the owner at the time of the tax sale, on written application to council.
(2) The money must not be paid to him or her if a claim to the surplus is made by another person on the ground that the property belonged to him or her, or that he or she is otherwise entitled to the surplus. In that case the money must, without leave, be paid into the Supreme Court, accompanied by a copy of the certificate of sale under section 309 and a statement of the clerk setting out the facts under which the payment into court is made and the names of the owner at the time of the tax sale and the claimant. The money is payable out of court to the party entitled on a court order to be made on application in a summary manner and subject to the giving of the notices directed by the court.
(3) Where surplus money remains unpaid at the end of 6 months after expiry of the redemption period, the council must, in the next month, cause to be published, in a newspaper circulating in the municipality, a notice stating the name of the owner to whom the surplus is payable, the date it became payable, and its amount. If the surplus remains unclaimed after 3 months from publication, it must be transferred in trust to the Minister of Finance, subject to payment on application at any time to the person entitled.
316 In the case of land on which there are improvements and of which the municipality has been declared the purchaser under section 307, and which has not been subsequently sold under section 307 or 311, the owner or a person empowered under section 314 to redeem the land and improvements is entitled, in a municipality which has not adopted a bylaw under section 314(4), on payment to the collector, on or before the latest date allowed under this Act for redemption, of 50% of the amount of the upset price for which the land and improvements were offered for sale, and interest on it, to redeem them by payment of the other moiety of the upset price, and interest on it, at any time within 11 months and 21 days from the latest date otherwise allowed for redemption and the time for redemption is in those circumstances extended accordingly.
317 If real property sold for taxes is redeemed within the time allowed for redemption, the collector must promptly send to the Registrar of Titles for filing the notice required by section 252 of the Land Title Act, together with any applicable fee under that Act.
318 (1) If a parcel of land sold for taxes is not redeemed as provided in this Act, a notice to that effect must, on the expiry of the redemption period, be forwarded by the collector to the Registrar of Titles. The notice must also show the full name, occupation and address of the purchaser, and must be accompanied by the fees prescribed under the Land Title Act and an application in the form prescribed under the Land Title Act for registration of title in fee simple in the name of the purchaser. It is not necessary with the application to produce an outstanding absolute certificate of title or duplicate, or interim certificate of indefeasible title.
(2) A municipality must, on forwarding the notice referred to in subsection (1) to the Registrar of Titles, immediately notify the administrator under the Property Transfer Tax Act.
(3) The notice operates as a conveyance to the purchaser from the registered owner in fee simple, without proof of the signature of the collector and without an attestation or proof of execution. The notice also operates as a quit claim in favour of the purchaser of all right, title and interest of every previous owner in fee simple of the parcel, or of those claiming under him or her, and of all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every nature and kind what- soever, and whether or not registered in accordance with the Land Title Act, subsisting at the time the application to register was received by the registrar, except
(a) the matters set out in section 255(1)(c) to (g) of the Land Title Act; and
(b) any lien of the Crown, an improvement district or a local district.
(4) One application may be made under subsection (1) on behalf of a purchaser for registration of any number of parcels contained in the same block and listed on the one notice produced for registration, but subject to the requirements of section 155 of the Land Title Act.
(5) Where the registrar refuses to register the title in the name of a purchaser of property at a tax sale and no appeal is made under section 940, or if the appeal has been made and the decision of the registrar sustained, the municipality must be deemed to have been declared the purchaser of the property at the tax sale, and the municipality must refund the purchase price, without interest, to the purchaser.
319 (1) When real property is sold at a tax sale under this Act, all rights in it held by the person who at the time of the sale was the owner, the registered owner in fee simple or the registered owner of a registered charge on the property, must immediately cease and determine, except
(a) that the property is subject to redemption as provided in this Act;
(b) the right to possession of the property must not be affected during the time allowed for redemption, subject, however, to impeachment for waste, and subject also to the right of the purchaser at the tax sale to enter on the property sold to maintain it in a proper condition and to prevent waste;
(c) during the period allowed for redemption, action may be brought by the person who at the time of sale was the owner, the registered owner in fee simple or the registered owner of a charge on the real property, to have the sale set aside and declared invalid on the ground that
(i) the property was not liable to taxation during the years in which the taxes for which the property was sold were imposed;
(ii) the taxes for which the property was sold were fully paid;
(iii) irregularities existed in connection with the imposition of the taxes for which the property was sold;
(iv) the sale was not fairly and openly conducted; or
(v) the collector did not give to that person the notice required by section 312.
However, no action may be brought until one month after notice in writing has been given by that person to the council stating in detail the grounds of complaint.
(2) During the period allowed for redemption, subsection (1) must not operate to affect in any way the rights of the owner, the registered owner in fee simple or the owner of a registered charge, among or as between themselves.
320 (1) The court, in giving judgment that the sale be set aside or declared invalid for a reason given in section 319(1)(c)(iii) or (iv), may provide that the amount for which the real property was taxed on the property tax roll at the date of sale, with interest from that date, is and continues to be a lien on the property as if the tax sale had not taken place, and must after that be deemed to be delinquent taxes, or may provide for the immediate payment of those taxes or may otherwise deal with them according to the circumstances.
(2) If during the period allowed for redemption the council finds a manifest error in the sale or in the proceedings prior to it, it may by resolution order that the purchase price be returned to the purchaser with interest at the rate of 6% a year, and that the taxes as they appeared on the property tax roll prior to the sale be restored to the roll, and thereafter they must be deemed delinquent taxes, or the council may otherwise deal with those taxes as the circumstances require.
321 (1) After the expiration of the period allowed for redemption, an action must not be brought to recover the property sold or to set aside its sale. An action must not be brought against the Registrar of Titles or the Attorney General under the Land Title Act or against the collector in respect of the sale of the property or the registration of an indefeasible title to it, or, except as provided in this section, against the municipality in respect of any loss or damage sustained by reason of the sale.
(2) A person who at the time of the sale was owner of, registered owner in fee simple of or owner of a registered charge on, the property must be indemnified by the municipality for any loss or damage sustained by him or her or them on account of the sale of the property if the circumstances set out in section 310(1)(c)(i), (ii) or (v) existed. However, there is no right to indemnity or compensation under this section where it is shown that the person claiming indemnity or compensation was aware at the time of sale that the property was offered for sale, or was aware during the period allowed for redemption that it had been sold.
(3) No action must be brought to recover indemnity or compensation under this section after the expiration of one year from the time allowed by this Act for redemption of the real property.
322 (1) The council may by bylaw extend the period for payment of or abate or rebate taxes, rates or local improvement assessments or any part of them assessed, levied or imposed on the property owned by and held or used as the residence of a soldier, surviving spouse or orphan of a deceased soldier, in case and to the extent that the council considers it equitable under the circumstances.
(2) For the purposes of this section, "soldier" has the meaning ascribed to "member of the Allied Forces" in the Allied Forces Exemption Act, 1918 and the Allied Forces Exemption Act, 1939, and the word "residence" includes all the land owned, occupied and used with the building in which that person resides. The expressions "property owned" and "land owned" include land held or occupied in the manner mentioned in section 258.
(3) The council may pass bylaws authorizing agreements to be made between the municipality and the Soldier Settlement Board of Canada providing for payment by the board of taxes in arrear on land held by soldiers, on land on which the Soldier Settlement Board holds a charge or on land in which the board is interested, and in the agreements may provide for the remitting of penalties and reduction of interest included in the taxes.
323 (1) Where land in a municipality has become subject to forfeiture to the Crown or has been sold by the Surveyor of Taxes or by the Inspector of Dykes to a person under any statute for the recovery of Provincial taxes, or school taxes, or dyking assessments, or other charges in arrear, and where there are taxes in arrear due to the municipality in respect of the land, the council may redeem the land at any time during the period allowed for redemption by paying to the Surveyor of Taxes or the Inspector of Dykes, as the case may be, the amount required to redeem it as provided in this Act under which the land became subject to forfeiture or was sold. On the redemption of land by the council under this section, it may add the amount of the redemption payment so made by it to the amount of municipal taxes in arrear in respect of the land, and the amount so added must be deemed delinquent taxes within the meaning of this Act.
(2) Where land subject to forfeiture referred to in subsection
(1) has not been redeemed, but has been forfeited to and vested in the Crown, the council may purchase the land pursuant to the terms of any Act of the Legislature which provides for sale of the forfeited land to the municipality.
(3) Notwithstanding the sale of land referred to in subsection
(1) by the Surveyor of Taxes or by the Inspector of Dykes for the recovery of taxes, assessments or other charges in arrear, the land continues to be liable to taxation by the municipality in which it is situate.
324 Notwithstanding this Act, the council may by bylaw make agreements with any other authority having taxing powers in respect of land or land and improvements situate in the municipality respecting the exercise of the powers of the municipality and of the other authority in all matters of collection of taxes, tax sales, redemptions, the disposal of reverted land, the rental of that land before disposal and similar matters. Those agreements may provide for the exercise of its power by either the municipality or the other authority acting alone on the working basis of protection of the joint interests of the parties that may be mutually determined. Without restricting the foregoing, the power must extend to agreements made by a municipality with a district under the Drainage, Ditch and Dyke Act, Part 2, or an improvement district under this Act.
325 In case the amount, with interest on it from the day mentioned in the statement, is not paid to the sheriff within one month after service, the sheriff must examine the assessment rolls of the municipality, and must, in like manner as rates are struck for general municipal purposes, but without limiting the amount of the rate, strike a rate in the dollar sufficient to cover the amount due on the execution, with an addition to it that the sheriff believes sufficient to cover the interest and his or her own fees.
326 The sheriff must then issue a direction to the collector of the municipality, and must attach to it either the roll of the rate or particulars of it, and must after reciting the writ, and that the municipality had neglected to satisfy it, and referring to the roll or the particulars, command the collector to levy the rate promptly.
327 (1) In case at the time of levying a rate under a direction of the sheriff the tax demand notices for that year have not been issued, the collector must add a column on the notices, headed "Execution Rate in A.B. v. the Corpora- tion", and must insert in it the amount required to be levied under the direction, otherwise he or she must proceed to issue separate tax demand notices for the execution rate.
(2) The collector must with all due diligence return to the sheriff the direction with the amount levied.
328 The sheriff must, after satisfying the execution and all fees on it, pay any surplus within 10 days after receiving it to the clerk for the general purposes of the municipality.
329 The clerk, assessor, collector and treasurer of the municipality must, for all purposes connected with the carrying into effect, or permitting or assisting the sheriff to carry into effect, the provisions of this Charter for executions be deemed to be officers of the court in which the writ was issued, and as officers of the court must be amenable to the court, and may be proceeded against by attachment, or otherwise, to compel them to perform their duties.
330 If a municipality is ordered or required to pay money into the Supreme Court as security for payment of a judgment or other debt, as security for damages or costs or as security for the costs of an appeal from the decision of a court, or an arbitrator, the council of the municipality, notwithstanding Parts 4 and 6, may borrow the money required for the purpose.
331 The corporate seal, tools, machinery, equipment and records, office furniture, fixtures and fittings of a municipality are exempt from forced seizure or sale by any process of law.
332 In this Part and in any bylaw passed by a board
"director" means a member of a board whether as a municipal director or an electoral area director,
"electoral area director" means a director elected or appointed under section 342 from an electoral area,
"letters patent" include supplementary letters patent,
"municipal director" means a director appointed under section 341,
"net taxable value of land and improvements" means net taxable value of land and improvements for regional hospital district purposes,
Division (1) -- Corporate Structure and Powers
333 (1) Every regional district incorporated before this Charter came into force is continued as a corporation and is vested with the powers conferred on it by this Charter.
(2) All bylaws and resolutions validly passed by a board before this Charter came into force continue in force.
(3) Where at the time this Charter came into force a regional district had the power to provide a service, the power may be exercised in accordance with this Charter as if it were exercised under the authority of a bylaw for the service under this Charter, subject to all the terms and conditions contained in letters patent or in bylaws respecting the exercise of the power, which terms and conditions must be treated as if they were contained in a bylaw for the service under this Charter.
(4) Where a regional district
(a) exercises a power to provide a service referred to in subsection (3) that was granted by letters patent giving the regional district authority to borrow up to a specified amount of money in respect of that service, and
(b) intends to exercise that authority to borrow, the board must adopt a loan authorization bylaw under section 118.
334 The Lieutenant Governor in Council may, by the issue of letters patent, incorporate the residents of an area into a regional district for the purpose of exercising powers conferred on the regional district under this Charter or under any other enactment.
335 (1) Letters patent incorporating a regional district must specify
(a) the name and boundaries of the regional district,
(b) the municipalities and electoral areas that comprise the regional district, and must define the boundaries of each electoral area within the regional district,
(c) the voting unit by specifying the number of persons used to calculate the number of votes referred to in section 339(2),
(d) the last date for appointment of municipal directors to the first board,
(e) the time and manner of the first election of electoral area directors,
(f) the chief election officer and the voting places for the first election under paragraph (e),
(g) the date, time and place of the board's first meeting,
(h) the sums that may be borrowed to meet the current lawful expenditures of the regional district in the year of incorporation and, if considered necessary, for the next year,
(i) the dates that may be observed initially, and once only, in place of statutory dates,
(j) the powers, obligations and duties, if any, of a municipality that are transferred to the exclusive jurisdiction of the regional district, and
(k) any other provisions and conditions the Lieutenant Governor in Council considers necessary or advisable.
(2) No part of an electoral area may be within a municipality.
(3) The Lieutenant Governor in Council may, by the issue of letters patent,
(a) specify the divisor used to calculate the number of directors referred to in section 339(5),
(b) change the name of a regional district,
(c) amend the voting unit referred to in subsection (1)(c),
(d) redefine the boundaries of an electoral area, establish a further electoral area or eliminate an existing electoral area, and
(e) make provisions that the Lieutenant Governor in Council considers necessary or advisable for the transition referred to in paragraph (d) and, without restricting the generality of this authority, the letters patent may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient.
336 (1) The Lieutenant Governor in Council may, by the issue of letters patent, or by repeal of existing letters patent and issue of new letters patent, as necessary,
(a) amalgamate 2 or more regional districts,
(b) alter the boundaries of 2 or more adjoining regional districts by reducing the area of one and increasing the area of another by the inclusion of the area withdrawn into the district that is increased, or
(c) divide a regional district into 2 or more regional districts.
(2) The Lieutenant Governor in Council must, before proceeding under this section, consult with
(a) the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, where possible, maintain coextensive regional district and hospital district boundaries,
(b) all regional districts that will be affected by the proposed recommen dation, and
(c) the Charter Council.
(3) The Lieutenant Governor in Council must not issue letters patent under subsection (1) for 6 months after notice of proposed consultations has been given under subsection (2).
(4) Letters patent under subsection (1) may include provisions that the Lieutenant Governor in Council considers necessary or advisable for the transition and, without restricting the generality of this authority, the letters patent may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that is determined by
(a) agreement of all regional districts that will be affected by the decision of the Lieutenant Governor in Council under this section,
(b) failing agreement, by arbitration under section 187.
(5) Subject to the letters patent, the bylaws and resolutions of boards that had jurisdiction before the amalgamation, alteration or division remain in force until they are amended or repealed by the board having jurisdiction following the amalgamation, alteration or division.
(6) On the issue of letters patent under this section, sections 213 and 225 apply.
337 (1) Where an improvement district is dissolved under the Improvement District Act or a local area under the Local Services Act ceases to exist, and the land comprising the improvement district or local area is in a regional district, the Lieutenant Governor in Council may, by order,
(a) provide that all or part of the land be a service area under this Part,
(b) allocate and assign or transfer to the regional district any asset or liability, whether real or contingent, of the improvement district or local area under the terms and conditions the Lieutenant Governor in Council considers necessary or advisable and in a manner that the Lieutenant Governor in Council considers just and expedient,
(c) specify that the bylaws of the improvement district or any enactment relating to the local area continue in force in the part of the improvement district or local area that is within the regional district until they are amended or repealed by the board, and
(d) specify a period within which a bylaw must be adopted under subsection (2).
(2) Where provision is made for a service area under subsection (1), the board must adopt a bylaw for the establishment and operation of the service to the appropriate land.
(3) A bylaw under subsection (2) must be adopted within the period specified in the order of the Lieutenant Governor in Council under subsection (1) or, if no period is specified, within a reasonable period after that order comes into effect.
(4) Where no period is specified in the order under subsection (1), the Lieutenant Governor in Council may, in a later order, specify a period and, where this is done, a bylaw under subsection (2) must be adopted within the period specified.
338 (1) Where letters patent incorporate an area within the regional district as a new municipality, the new municipality becomes a member of the regional district on the date of incorporation, with representation determined in accordance with section 339.
(2) Where letters patent incorporate a new municipality or extend the boundaries of an existing municipality, and the whole or part of a service area is within the new municipality or the extension of the existing municipality, the Lieutenant Governor in Council may, by the issue of letters patent for the regional district,
(a) transfer from the regional district to the municipality the jurisdiction for the service in respect of all or a specified part of the service area, and
(b) make provisions that the Lieutenant Governor in Council considers necessary or advisable for the transfer and, without restricting the generality of this authority, the letters patent may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient.
(3) Where jurisdiction for a service is transferred to the municipality by letters patent under subsection (2), the effective date of the transfer is 6 months after the date of the letters patent unless the minister, by order, specifies an alternative date, and the jurisdiction of the regional district governing the service continues in force during that time.
(4) Where letters patent incorporate a new municipality and only a part of a service area is within the new municipality, the service, unless transferred under subsection (2)(a), is continued under the jurisdiction of the regional district.
(5) Where letters patent are issued extending or reducing the boundaries of a municipality, the voting power of the municipality under section 339 must be adjusted effective January 1 in the year following the date of issue.
(6) Where, as a consequence of the incorporation of a new municipality or the alteration of boundaries of an existing municipality, the council and the board are unable to resolve a difference which may arise between them on the question of administration of matters within their respective jurisdictions or on the allocation of resources or costs or on any other matter which, in the opinion of either of the parties, requires solution, the matter must be resolved under section 187 and the council and the board must comply with the terms of the arbitrator's order according to its intent.
Division (2) -- Government and Procedure
339 (1) A board consists of municipal directors and electoral area directors.
(2) The number of votes to which each municipality and each electoral area is entitled is the number obtained by dividing the population of the municipality or electoral area by the voting unit specified in the letters patent but, if the quotient is not an integer, it must be deemed to be the next greater integer.
(3) For the purposes of subsection (2), the population of a municipality or electoral area must be taken from the most recent population census but, where a population has not been established by census, it must be determined by the Minister of Finance until the results of a census are known.
(4) A change in the population of a municipality or an electoral area estab lished by census must, for purposes of the voting power on that board, take effect in the year following the year in which that census was taken.
(5) The number of directors to which each municipality is entitled is the number obtained by dividing the number of votes to which that municipality is entitled under subsection (2) by 5 or, if otherwise specified in letters patent for the regional district, by the other number so specified but, if the quotient is not an integer, it must be deemed to be the next greater integer.
(6) The votes of a municipality referred to in subsection (2) must be equally distributed by the council among the directors from that municipality.
(7) Where equal distribution is not possible under subsection (6),
(a) the council must assign the municipality's votes to each director as evenly as possible, but in no case must the difference between the maximum and minimum number of votes assigned be greater than one, and
(b) the clerk must notify the secretary of the assignment made under paragraph (a).
340 (1) All resolutions and every reading and the adoption, amendment or repeal of all bylaws must, except as otherwise provided, be decided by
(a) a majority of the votes cast, and
(b) voting in accordance with subsections (2) to (11).
(2) Except as otherwise provided, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, each director who is present must
(a) be entitled to vote, and
(b) have one vote.
(3) Without limiting the generality of subsection (2), voting on the following matters must be in accordance with that subsection:
(a) establishing bylaws for services,
(b) regulatory bylaws,
(c) resolutions and bylaws on the general conduct of and procedures governing the board's business,
(d) resolutions dispensing with the consent of an electoral area director,
(e) resolutions and bylaws under the Planning Act that are not regulatory bylaws referred to in paragraph (b).
(4) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a service, each director who is present and who represents a participating area for the service must
(a) be entitled to vote, and
(b) have the number of votes assigned to that director under section 339(2).
(5) Without limiting the generality of subsection (4), voting on the following matters must be in accordance with that subsection:
(a) bylaws imposing fees or other charges,
(b) bylaws under section 357(3) providing for the preparation of a frontage tax assessment roll.
(6) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws referred to in subsection (7), each director who is present must
(a) be entitled to vote, and
(b) have the number of votes assigned to that director under section 339(2).
(7) Voting on the following matters must be in accordance with subsection (6):
(a) resolutions or bylaws adopting provisional budgets and bylaws adopting annual budgets,
(b) bylaws respecting borrowing,
(c) bylaws authorizing the acquisition, expropriation or disposal of real property,
(d) resolutions and bylaws authorizing liabilities under section 116,
(e) resolutions and bylaws authorizing persons to enter into contracts on behalf of the regional district.
(8) A director who votes must cast all available votes for the same objective.
(9) Where, except for this subsection, only one director would be entitled to vote, each director who is present must
(a) be entitled to vote, and
(b) have one vote.
(10) Subsections (2) to (7) do not apply to the Greater Vancouver Regional District.
(11) For the Greater Vancouver Regional District, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, except as otherwise provided, each director who is present and, where the resolution or bylaw is in respect of a service, who represents a participating area for that service, must
(a) be entitled to vote, and
(b) have the number of votes assigned to that person under section 339(2).
341 (1) After the first appointment under section 335(1)(d), each municipal director is to be appointed by the council from among the members of that council before January 1 of each year.
(2) The term of office of a municipal director
(a) begins when the person takes office in accordance with section 65(4), and
(b) ends immediately before the first Monday following the next December 1 or when the person's successor takes office, whichever is later.
342 (1) After the first election under section 335(1)(d), elections for electoral area directors are to be conducted in accordance with Part 2.
(2) The term of office of an electoral area director elected at the time of the general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 65(4), whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the director's suc cessor takes office, whichever is later.
343 (1) The council of a municipality may appoint a member of the council as an alternate director.
(2) On behalf of an absent municipal director, the alternate director appointed under subsection (1) may take the place of, vote and generally act in all matters for the absent municipal director.
(3) Where the council appoints an alternate director, the clerk must notify the secretary of the appointment in writing.
(4) An alternate director holds office as alternate director until another member of council is appointed as a replacement and the secretary has been notified of the new appointment.
(5) Where the seat of a municipal director becomes vacant through resignation, disqualification or death, the alternate director appointed under subsection (1) becomes the municipal director in place of the director whose seat became vacant until a new director is appointed.
344 (1) An electoral area director must appoint, as an alternate director, a person who has the qualifications necessary to be nominated as a director for that electoral area.
(2) On behalf of an absent electoral area director, the alternate director appointed under subsection (1) by the electoral area director may take the place of, vote and generally act in all matters for the absent director.
(3) An appointment under subsection (1) takes effect when
(a) the appointment has been approved in writing by 2 electors who reside in the electoral area that the director represents, and
(b) the director notifies the secretary of the appointment of the alternate in writing.
(4) If the office of an electoral area director becomes vacant through resignation, disqualification or death, the alternate director holds the office until that person's successor takes office following the next election for the office.
(5) If the alternate director is unable or unwilling to hold office as a director under subsection (4), the board must appoint another person who has the qualifications to be nominated as a director for the electoral area and that person holds the office as provided in that subsection.
(6) The electoral area director who appointed an alternate director may appoint, as a replacement for the alternate director, another person who has the qualifications necessary to be nominated as a director for that electoral area.
(7) An alternate director holds office as alternate director until a replacement is appointed under subsection (7) or until the next general local election, whichever is earlier.
345 (1) At the first meeting held after December 1 in each year, the board must elect a chairperson and a vice chairperson.
(2) For the purposes of elections under this section, each director present at the meeting has one vote in each election for an office.
346 (1) A board may designate a time and place at which regular meetings of the board may be held.
(2) No notice of a regular meeting is required.
(3) On the request of the chairperson or of any 2 directors, the secretary must call a special meeting by notice that is mailed at least 5 days before the date of the meeting to each director at the address given by the director to the secretary for that purpose and that states the general purpose and the day, hour and place of the meeting.
(4) The notice of any special meeting referred to in subsection
(3) may be waived by a unanimous vote.
(5) In the case of an emergency, notice of a special meeting
(a) may be given, with the consent of the chairperson and 2 directors, less than 5 days before the date of the meeting, and
(b) need not be given in writing.
(6) A board may, by bylaw enacted under section 63(1), make provision for obtaining and counting votes of the directors on urgent issues and for passing resolutions and adopting bylaws on those issues without the necessity of holding a regular or special meeting.
(7) A bylaw under subsection (6) may establish rules respecting
(a) mechanisms for submitting urgent issues to the directors,
(b) the manner in which votes will be submitted by them, and
(c) the counting of votes and subsequent ratification by the board of the resolutions and bylaws.
Division (3) -- Financial Operations
347 (1) The treasurer must keep separate financial records for each service performed in the regional district that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details.
(2) All costs, including costs of administration attributable to a service, are part of the costs of that service, and revenue received from the service must be set off against those costs.
(3) A deficit that is incurred in providing a service must be carried forward as an expenditure against that service in the next year.
(4) On or before February 1 in each year, the amount received by a municipality, or by the Surveyor of Taxes for an electoral area, by way of a grant in lieu of taxes for regional district purposes within the regional district under the Municipal Grants Act, 1980 (Canada) in the immediately preceding year must be paid to the board, and the amount paid must be applied on a pro rata basis to the accounts for the services in respect of which the grant is paid.
(5) The amount received by a municipality by way of a grant in lieu of taxes for regional district purposes within the regional district under the Muni cipal Aid Act or from a Crown corporation or agency must be paid to the board forthwith, and the amount paid must be applied on a pro rata basis to the accounts for the services in respect of which the grant is paid.
(OPTION: include audit provisions in Charter instead of in Financial Administration Act)
348 (1) Where the board provides a service, the annual costs for that service may be recovered by one or more of the following:
(a) the requisition of money under sections 354 and 355 to be collected by a property value tax to be levied and collected under sections 356(1) and 357(1),
(b) the requisition of money under sections 354 and 355 to be collected by a frontage tax or parcel tax to be imposed in the manner provided by sections 356(2) and 357(2),
(c) the imposition of fees and other charges that may be fixed by bylaw for the purpose of recovering these costs,
(d) the requisition of money under section 354 to be collected by the imposition of fees and other charges that may be fixed by bylaw for the purpose of recovering these costs.
(2) The board must, in the establishing bylaw, state which of the cost recovery mechanisms under subsection (1)(a) to (d) it will be utilizing.
(3) Where the board fails to comply with subsection (2), it must be deemed to be utilizing the mechanism referred to in subsection (1)(a).
349 (1) For a municipal participating area other than a participating area that is all or part of the City of Vancouver, where a board chooses to utilize the cost recovery mechanism provided for in section 348(1)(a), the bylaw establishing the service, may provide that the rates authorized under section 234(f) be levied
(a) on the basis set out in section 237(1), on the basis set out in section 237(2), or on the basis of a combination of these, and
(b) on land only or on improvements only.
(2) For a municipal participating area that is all or part of the City of Vancouver, where a board chooses to utilize the cost recovery mechanism provided for in section 348(1)(a), the rates authorized to be levied by the City of Vancouver may be levied in the manner set out in the bylaw establishing the service.
(3) For a participating area referred to in subsection (1) or (2), where the board fails to specify the basis on which rates are to be levied within that participating area, they must be levied in accordance with section 237(1).
(4) For an electoral participating area, where a board chooses to utilize the cost recovery mechanism provided for in section 348(1)(a), the bylaw establishing the service, may provide that the rates that are to be levied and collected by the Province under section 357(1) be levied on land only or on improvements only.
(5) For a participating area referred to in subsection (4), where the board fails to specify the basis on which rates are to be levied within that participating area, they must be levied on the basis of the net taxable value of land and improvements within the participating area.
(6) Where a board chooses to impose a fee or charge under section 348(1)(c), the bylaw that imposes the fee or charge may set different fees and charges on different classes of persons, classes of property or types of land use, as specified in the bylaw.
350 (1) The board
(a) must cause a provisional budget for the next year to be prepared and must adopt the provisional budget, as prepared or as altered by the board, before December 31, and
(b) may amend the provisional budget at any time after its adoption and before adoption of the annual budget.
(2) The secretary must mail a copy of the provisional budget to each municipality located within the regional district.
351 (1) The board must, by bylaw, adopt the annual budget for the current year on or before March 31.
(2) The secretary must forward to each municipality a copy of the annual budget as adopted.
(3) A bylaw adopting the annual budget has no force and effect until a copy of the bylaw, signed by the chairperson of the meeting at which it was adopted and certified to be a true copy by the secretary, is registered with the inspector.
(4) The annual budget or a provisional budget must
(a) set out the anticipated expenditure for each service,
(b) show separately revenues obtained from requisitions and other sources, and
(c) show appropriated surpluses of prior years.
(5) The limit of the budgeted expenditure for a service is the budgeted revenue for the service.
(6) Before the annual budget is adopted, it is not lawful to make an expenditure unless the expenditure is authorized by the provisional budget.
(7) An expenditure not provided for in the annual budget is not lawful.
352 (1) In this section and in section 353, "converted value of land and improvements" means the net taxable value of land and improvements multiplied by a percentage that the Lieutenant Governor in Council may prescribe for the purposes of this section, and that percentage may be different for each class of property under the Assessment Act.
(2) The costs of providing a service that will be paid for by amounts requisitioned under section 354 or 355 must be apportioned among the participating areas on the basis of the converted value of land and improvements in those areas unless the establishing bylaw provides for some other method of apportionment under section 35(1)(e).
(3) The costs of providing the general administration services, other than electoral area administration services, and the giving of grants in aid under section 53 that will be paid for by amounts requisitioned under section 354 or 355 must be apportioned among the municipalities and electoral areas that comprise the regional district on the basis of the converted value of land and improvements in that regional district.
(4) Despite subsection (3), the board may provide that grants in aid made under section 53 be charged to the municipality or electoral area benefiting from the organization to which the grant is made. (OPTION: limit grants)
(5) The costs of providing the general electoral area administration services must be apportioned among the electoral areas on the basis of the converted value of land and improvements in those areas.
(6) Subject to subsections (7) and (8), the costs of providing the general services of management of development under the Planning Act, other than costs recovered by way of fees and charges, must be apportioned among the municipalities and electoral areas on the same basis as set out in subsection (3).
(7) The assessment commissioner of the British Columbia Assessment Authority must, as soon as practicable after the relevant information is available, provide to the secretary
(a) the net taxable value of land and improvements, and
(b) the converted value of land and improvements
within each municipality, electoral area and participating area.
(OPTION: provide for apportionment re: municipalities opting out of planning services in Charter instead of in Planning Act)
353 (1) Where adjustments are made under the Assessment Act to the values referred to in section 352(7), the assessment commissioner of the British Columbia Assessment Authority must provide particulars to the secretary.
(2) Where, in respect of a year,
(a) adjustments referred to in subsection (1) are made, and
(b) the share of the cost of all the services of the regional district that was apportioned to and borne by a municipality or an electoral area in that year would, had those adjustments been taken into account, have increased or decreased by more than $1,000,
the share of the cost apportioned to and borne by the municipalities and electoral areas must be adjusted as agreed between the municipalities and electoral areas in the requisition next following the date of the adjustment.
(OPTION: as directed by the Minister of Finance)
354 (1) On or before April 10 in each year, the secretary must send to each municipality a requisition in respect of each service stating the amount required for the service during the year from the municipality.
(2) A sum requisitioned is a debt due by the municipality to the regional district, and the council must pay it to the board on or before August 1 of the current year.
355 (1) On or before April 10 in each year, the secretary must send to the Minister of Finance a requisition in respect of each service stating the amount required during the year in respect of each electoral participating area.
(2) The amounts requisitioned under this section must be paid by the Minister of Finance from the consolidated revenue fund.
356 (1) Subject to subsection (4), where a requisition in respect of a service is delivered to a municipality under section 354, the amount requisitioned must, except in the circumstances described in subsection (2), be levied by that municipality by the method set out in section 234(f), having regard to the tax base authorized by section 349.
(2) Subject to subsection (4), where an amount specified in the requisition is to be recovered by way of frontage tax or parcel tax, the municipality must impose a frontage tax or parcel tax, and sections 143 to 153 apply.
(3) A board may, by bylaw,
(a) provide that the frontage tax or parcel tax to be imposed under subsection (2) must be waived or lessened in respect of real property for which the present or previous owner or the present occupier of the property has constructed at that person's own expense a portion of the water or sewerage system related to the service,
(b) provide that, for all or part of a service area, the frontage tax or parcel tax imposed under subsection
(2) may be commuted for payment in cash,
(c) set terms and conditions for a waiver or reduction under paragraph (a) and for a commutation under paragraph (b), and
(d) specify circumstances in which a commutation under paragraph (b) may be refused.
(4) Section 44(2) applies to fees or other charges that remain unpaid as of December 31 in any year.
(5) Where a service area falls within part of a municipality, the municipality must levy the requisitioned amounts in respect of that service from only that participating area.
357 (1) Where a requisition in respect of a service is delivered to the Minister of Finance and Corporate Relations under section 355, that minister must, except in the circumstances described in subsection (2) and after giving due regard to the tax base authorized under section 349, direct that the amount requisitioned, together with any additional sum that the minister may direct to cover the costs and outlays of assessment and collection, be recovered by means of a property value tax levied within the service area, and that the levy be collected by the Province under and in accordance with the Taxation (Rural Area) Act as if it were a tax imposed under that Act.
(2) Where an amount specified in the requisition is to be recovered by way of frontage tax or parcel tax from owners of property within the service area, that amount must be levied and collected by the Province from the owners of the appropriate frontages or parcels within that area on the basis of the roll authenticated under section 149, as amended to reflect any deletions from that roll as reflected by the supplementary roll, as if it were a tax imposed under the Taxation (Rural Area) Act.
(3) A board may, by bylaw,
(a) provide that the frontage tax or parcel tax to be imposed under subsection (2) must be waived or lessened in respect of real property for which the present or previous owner or the present occupier of the property has constructed at that person's own expense a portion of the water or sewerage system related to the service,
(b) provide that, for all or part of a service area, the frontage tax or parcel tax imposed under subsection
(2) may be commuted for payment in cash,
(c) set terms and conditions for a waiver or reduction under paragraph (a) and for a commutation under paragraph (b), and
(d) specify circumstances in which a commutation under paragraph (b) may be refused.
(4) Where a tax is to be imposed under subsection (2), the board must, by bylaw, provide for the preparation of a frontage tax assessment roll for each parcel of land within the service area, and sections 144(2) to (4), 145 and 146(2) to (4) apply.
(5) The board must cause particulars of the frontage tax assessment roll under subsection (3) to be made available for inspection by every person named in it as owner of a parcel and, for the purpose of appeals against entries in the roll, sections 147 to 150 apply.
(6) The frontage tax assessment roll, as authenticated under subsection (4), must be forwarded to the Surveyor of Taxes before February 28 in each year.
(7) Section 44(2) applies to fees or other charges that remain unpaid as of December 31 in any year.
(8) The provisions of the Taxation (Rural Area) Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes levied under this section.
358 (1) A regional district may finance, at the request and sole cost of a municipality, an undertaking for which the council of the municipality has adopted a security issuing bylaw in accordance with this Charter.
(2) For the purpose of this financing, the board may adopt a security issuing bylaw without adopting a loan authorization bylaw, and the bylaw must state, as its authorization, the bylaw or resolution referred to in subsection (1).
(3) The municipality must provide for and pay over to the regional district the sums required to discharge its obligations in accordance with the terms of debentures issued to the regional district or agreements entered into under section 127(1) or (2) but, if the sums provided for in the debentures or under the agreements are not sufficient to meet the obligations of the board, the deficiency must be a liability of the municipality to the regional district.
359 Money borrowed by a regional district must be on its credit at large and must, in the event of default, constitute an indebtedness of the municipalities and electoral areas in the regional district and they are jointly and severally liable to repay it.
360 (1) In this section "variable tax rate system" means a system under which individual tax rates are determined and imposed for each property class.
(2) The board of a regional district may by bylaw, not later than March 1 in each year, adopt a plan respecting any or all of its services and service areas.
(3) The plan must
(a) identify changes in the yield of taxes resulting from the elimination of the class known as "class 4 machinery and equipment" from the classes of property under the Assessment Act, and
(b) specify the effect that tax rate relationship adjustments and the consequent apportionment of requisitions would have on the various classes of property in the regional district.
(4) The plan may set different tax rates for different services, service areas, municipal participating areas, electoral participating areas and classes of property.
(5) A plan under this section must be implemented by means of a variable tax rate system and by apportionment of requisitions made under section 352.
(6) Where a plan under subsection (3) is inconsistent with a provision of any enactment, the plan prevails to the extent necessary to implement the plan.
361 (1) Land and improvements owned or held by a regional district are exempt from taxation when used for its purposes under this Part, but otherwise is subject to taxation
(a) under section 259 as if the property were owned by a municipality, or
(b) under section 16 (3) of the Taxation (Rural Area) Act as if the property belonged to the Crown.
(2) Notwithstanding subsection (1), the owner of land or improvements, or both, leased or rented to the regional district is liable for the payment of taxes that would otherwise be levied with respect to that property under any Act.
(3) Before August 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, exempt the property described in subsection (4) from taxation under this Part for
(a) the next calendar year, or
(b) with the assent of the electors, a specified period not exceeding 10 years. (OPTION: delete requirement for assent)
(4) The following property that is within an electoral area may be exempted from taxation under subsection (3):
(a) improvements owned or held by, or held in trust by the owner for, an athletic or service organization and used principally for public ath letic or recreation purposes;
(b) land or improvements, or both, used or occupied by a church or a church under construction as tenant or licensee for the purpose of public worship or for the purposes of a church hall that the board considers necessary to the church;
(c) an historical building and the land on which it sits;
(d) an interest held by a nonprofit organization in school buildings that the organization uses or occupies as tenant or licensee of a board of school trustees;
(e) land that is owned and used exclusively by an agricultural or horticultural society and that is in excess of the area exemption under section 13(1)(j) of the Taxation (Rural Area) Act.
(5) An exemption under subsection (3) may be limited to a specified portion of the net taxable value of the property to which the exemption applies.
(6) Where, by reason of a change in the use or ownership of property exempted from taxation by bylaw under subsection (3), the property no longer meets the requirements for exemption established by subsection (4), the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.
(7) Assent of the electors as required by subsection (3)(b) is obtained if, by voting conducted throughout the regional district, a majority of the votes counted as valid in all voting on the bylaw is in favour of the bylaw.
(8) Part 3 applies to voting for the purposes of subsection (7), with voting to be conducted either, at the option of the board,
(a) by the board throughout the regional district, or
(b) by the council of each municipality and by the board for that part of the regional district that is not within a municipality, with the results of voting in these areas aggregated for the purposes of subsection (7)
Part 8 -- Intergovernmantal Relations
362 (1) There is established a Charter Council for the purposes of this Charter composed of three members appointed by the Lieutenant Governor in Council, three members appointed by the Union of British Columbia Municipalities, the President of the Executive Council, and the President of the Union of British Columbia Municipalities.
(2) The members hold office for a term of two years or until their successors are appointed.
(3) Where a vacancy occurs by reason of the death or resignation of a member, his or her successor must be appointed in the same manner as the member originally appointed.
(4) A member may be reappointed for further terms.
(5) The members of the Charter council will not receive remuneration for their services, but must be paid equally by the Province and the Union of British Columbia Municipalities the amount of their travelling and other expenses incurred by them in the discharge of their official duties.
363 (1) The purposes of the Charter Council are to
(a) establish time tables for review and evaluation of proposed amendments to this Charter,
(b) review and evaluate proposed amendments to this Charter,
(c) see that the Province consults with communities before amending Provincial legislation, regulations, policies, programs or orders that affect communities,
(d) see that the Province's legislation, regulations, policies, programs or orders that affect communities will respect the varying needs and conditions of different communities in different areas of the Province,
(e) see that the Province, its Crown corporations and agencies will comply with local government authority in the areas of community jurisdiction,
(f) see that the Province and communities resolve conflicts by consultation, negotiation, and, if necessary, arbitration,
(g) review, evaluate and comment on acts of the Province that address interprovincial, national or international issues or agreements that impact the jurisdiction of communities,
(h) encourage consultation between the Province and communities and further encourage the sharing of decision making with communities where the Province and the communities wish to act or exercise power in relation to any matter that is within the jurisdiction of the Province and the communities,
(i) foster communications between the Province and communities with respect to the application of revenue transfers from the Province,
(j) see that communities have financial and other resources that are sufficient to support local needs and that are distinct from the financial and other resources of other orders of government.
364 The Charter Council must submit an annual report on its activities to the Legislative Assembly and to all communities.
365 (1) A community may
(a) with the consent of the Superintendent of Financial Institutions enter into a joint scheme of self insurance protection, or
(b) enter into a scheme of self insurance protection pursuant to section 186 of the Financial Institutions Act or under the Insurance (Captive Company) Act,
with another community.
(2) In a regional district, a scheme under subsection (1) may have a single deductible for any number of services.
366 A community or group of communities may enter into an agreement with the Province, Canada, a community or group of communities, a school district board, an improvement district board, or any other government or government corporation or agency pursuant to which the community or group of communities provides a service for the party with which it has entered into the agreement.
367 (1) There must be a board of examiners for the purposes of this Part composed of 3 members appointed by the Lieutenant Governor in Council, one each of whom must be nominated by the Union of British Columbia Municipalities, the Municipal Officers' Association of British Columbia and the President of the Executive Council. The members must hold office for a term of 3 years or until their successors are appointed. Where a vacancy occurs by reason of the death or resignation of a member, his successor must be nominated and appointed in the like manner as for the member originally nominated and appointed. The members of the board will not receive remuneration for their services, but must be paid by the Province the amount of their travelling and other personal expenses necessarily incurred by them in the discharge of their official duties.
(2) A member of the board may be nominated and reappointed for further terms.
368 The board may
(a) establish standards of proficiency for municipal employment according to office and grades;
(b) grant certificates according to grades and skill to persons possessing the qualifications and meeting the standards of proficiency;
(c) prescribe and hold examinations for, or pass on the credentials of, a person who is a candidate for a certificate; and
(d) cancel a certificate on proof of dishonesty or gross negligence on the part of the holder.
369 The Province must notify the Charter Council in writing and invite a member on behalf of the Union of British Columbia Municipalities to participate in any discussions, on behalf of the Province, that affect a community or communities, with
(a) Canada,
(b) another Provincial government,
(c) another government,
(d) First Nations.
370 The powers and duties of the board must be exercised and performed in accordance with regulations made by the board and the board may make regulations governing examinations, certificates and any other matter within the jurisdiction of the board.
371 This Part applies to administrative officers of all municipalities and regional districts, whether or not incorporated under this Act, and of the Islands Trust Act.
Part 9 -- Definitions and Interpretation
372 In this Charter and in any bylaw passed by a local government
"adopt" includes an amendment or repeal,
"assessed value" means assessed value determined under the Assessment Act,
"assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act,
"assessor" means an assessor appointed under the Assessment Authority Act,
"board" means the governing and executive body of a regional district,
"charge" means a charge under the Land Title Act,
"Charter Council" means the body established under section 362,
"chief election officer" means the election official appointed under the Election Act,
"clerk" means the clerk of a municipality appointed under any Act,
"community" means
(a) a municipality,
(b) a regional district,
"council" means the governing and executive body of a municipality,
"election" means an election for the number of persons required to fill a local government office,
"elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area,
"electoral area" means an electoral area within a regional district, as spec ified by the letters patent for the regional district,
"electoral participating area" in respect of service means an area that is within a regional district specified service area and that is part but not all of an electoral area,
"farm land" means land so classified by the assessor,
"general local election" means the elections referred to in section 1,
"general municipal purposes" means the objects referred to in section 234(a), (b) and (c),
"greater board" means the corporate body, incorporated by an Act, with responsibility for the provision of water or sewage and drainage services,
"highway" includes a street, road, lane, bridge, viaduct and any other way open to public use, but does not include a private right of way on private property,
"improvement district" means an improvement district incorporated under the Improvement District Act,
"improvements" means improvements as defined in the Assessment Act,
"land" includes the surface of water but does not include improvements, mines or minerals belonging to the Crown, or mines or minerals for which title in fee simple has been registered in the land title office but for the purposes of assessment and taxation, `land' has the same meaning as in the Assessment Act,
"land title office" means the land title office for the land title district in which the municipality or the land is situate,
"letters patent" include supplementary letters patent,
"local government" means,
(b) in relation to a municipality, the council, and
(c) in relation to a regional district, the board,
"municipal participating area" in respect of a service means an area that is within
(a) a regional district specified service area and is all or part of a municipality, or
(b) a municipal specified service area and is part but not all of a municipality,
"municipality", for this Charter, but not for any other Act unless expressly made applicable by that Act, means the corporation into which the residents of an area have been incorporated as a municipality under any Act, but does not include an improvement district or a regional district,
"newspaper" means, in relation to a requirement or authorization for publication in a newspaper, a publication or local periodical that contains items of news and advertising, and is distributed at least weekly in a municipality, regional district or area that is affected by the matter in respect of which a provision of this Charter requires publication in a newspaper,
"occupier" means a person
(a) who is qualified to maintain an action for trespass,
(b) in possession of Crown land under a homestead entry or preemption record,
(c) in possession of Crown land or land owned by a municipality under a lease, licence, agreement for sale, accepted application to pur chase, easement, or other record from the Crown or municipality, or who simply occupies the land,
"other administrative body" means a body other than the local government which under this or another Act may exercise powers of a community,
"owner" in respect of real property means the registered owner of an estate in fee simple, and includes
(a) the tenant for life under a registered life estate,
(b) the registered holder of the last registered agreement for sale,
(c) the holder or occupier of land held in the manner mentioned in sections 258 and 259,
(d) an individual member of the First Nations who is an owner under the letters patent of a municipality, incorporated under section 207,
"parcel" means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway,
"participant" means, in relation to
(a) a municipal participating area, the council of the municipality, and
(b) an electoral participating area, the director of the electoral area,
"participating area" means a municipal participating area and an electoral participating area, or either of them, as the context requires,
"population" means population determined by the last preceding census taken by Canada, or, where a municipality has been incorporated or its area has been adjusted after that census, determined by a certificate of the minister,
"printing" includes any means of reproducing the written word,
"property class" in sections 235, 236, 237 and 238 means a class of property prescribed under section 26(8) of the Assessment Act,
"real property" means land, with or without improvements so affixed to the land as to make them in fact and law a part of it,
"regional district" means a regional district incorporated under this Charter or under another Act,
"registered owner" means the person registered in the land title office as entitled to the fee simple, and "registered" and "registration", when used in connection with any less interest, refer to registration of a charge,
"regulating" includes authorizing, controlling, inspecting, limiting, restricting and prohibiting,
"resident elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications under the Election Act in relation to the jurisdiction,
"service" means a work or service coming within the power of the community,
"service area" means the area within which the service is provided,
"soil" includes sand, gravel, rock and other substances of which land is composed,
"trustee" means the governing and executive body of an improvement district, and includes the individuals elected to that body.
373 (1) This Charter applies to all municipalities and regional districts.
(2) If there is an inconsistency between this Charter and any Act, other than a special Act forming a municipality, this Charter prevails.
(3) Unless otherwise expressly provided to the contrary in this Charter, the Interpretation Act applies to the interpretation of this Charter.
(4) If Mountain Standard Time or Mountain Daylight Time is customarily used in a municipality, regional district, or improvement district, that time applies for the purposes of this Charter.
(5) Words in an enactment directing or empowering an officer to do some thing, or otherwise applying to the office, include his or her successors in office, lawful deputy and any other person the local government designates to act in his or her place.
(6) Words in an enactment that apply to an officer or employee of a local government may apply to an officer or employee of another government with the approval of that government.
(There will be numerous transition provisions to accompany the enactment of the Charter.)
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