1995 Legislative Session: 4th Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 20th day of June, 1995
Ian D. Izard, Law Clerk
HONOURABLE DARLENE MARZARI
MINISTER OF MUNICIPAL AFFAIRS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by adding the following section:
7B (1) In addition to its other powers, the Corporation may, by by-law, exercise one or more of the following powers in relation to the disposal of solid waste generated within its area or within a municipality that has contracted with the Corporation for the disposal of solid waste from the municipality:
(a) set levies payable by generators of waste or by other persons who use the services of a waste hauler;
(b) set rates or levels of levies based on the quantity, volume, type or composition of waste generated, on the fees charged by the applicable waste hauler for its services or on any basis prescribed by regulation under subsection (4);
(c) vary levies by class of persons, operations, activities, industries, trades, businesses or wastes;
(d) require waste haulers to
(i) act as agents of the Corporation in collecting levies under this section,
(ii) remit levies to the Corporation in accordance with the by-law,
(iii) maintain records in accordance with the by-law, and
(iv) permit an employee or agent of the Corporation to inspect and make copies of these records during normal business hours for the waste hauler;
(e) set conditions respecting the collection and remittance of levies by waste haulers and compensation to the haulers for this service;
(f) establish fines for failure to comply with a by-law under this section.
(2) For the purposes of this section, a "waste hauler" means
(a) a municipality, including the City of Vancouver, that picks up, transports or delivers waste, or
(b) a person who, on a commercial basis, picks up, transports or delivers waste.
(3) Section 298 of the Municipal Act applies to a by-law under this section as if the Corporation were a municipality.
(4) The Lieutenant Governor in Council may make regulations for the purposes of subsection (1) (b).
2 The Municipal Act, R.S.B.C. 1979, c. 290, is amended by adding the following section to Division (1) of Part 2:
36.1 To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts 2 and 3 of this Act apply despite that Act.
3 Section 150 is amended by adding the following:
(8) Unless otherwise provided by or under this Act, a person may not inspect a ballot.
4 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended by adding the following Part:
Part 6 -- 1995
27 Despite section 646 of the Municipal Act, The Corporation of the City of Dawson Creek may, by bylaw adopted without the assent of the electors, enter into an exclusive or limited franchise agreement with Pacific Northern Gas Ltd. for a term not exceeding 21 years to supply natural gas service to the residents of the municipality.
28 Despite section 523D of the Vancouver Charter, for the purpose of implementing the Arbutus Neighbourhood Plan adopted by the Council of the City of Vancouver on November 19, 1992, the Council may, by by-law, impose a development cost levy under that section but only on those parcels that are within the area covered by that Plan and are specified in the by-law.
29 (1) Despite section 20 (2) of the Municipal Act, the incorporation of the municipality created by the amalgamation of the District of Abbotsford and the Corporation of the District of Matsqui as a city by letters patent issued by Order in Council 1429/94, dated November 24, 1994, and named the City of Abbotsford by Order in Council 1474/94, dated December 8, 1994, is confirmed and validated effective November 24, 1994.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
5 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following section to Division (1) of Part 1:
8.1 To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts I and II of this Act apply despite that Act.
6 Section 122 is amended by adding the following:
(8) Unless otherwise provided by or under this Act, a person may not inspect a ballot.
7 The following section is added:
Transfer of increased density provided as compensation for heritage designation
595A (1) In relation to extra density provided as compensation under section 595, the Council may establish a heritage density increase transfer system in accordance with this section.
(2) For the purposes of this section, a zoning by-law may provide that the density otherwise permitted for a site within the zone is increased if
(a) the extra density is transferred to the site from a designated heritage property in relation to which it was received as compensation, and
(b) the transfer to the particular site and the amount of density increase on that site are approved by the Development Permit Board established under section 565A (d).
(3) A by-law referred to in subsection (2) must establish the maximum density increase that may be permitted by the Development Permit Board, subject to the limit that the maximum established must not be greater than 10% of the otherwise applicable density for the site to which the extra density is transferred.
(4) Before considering an application for approval of a density transfer under this section, the Development Permit Board must consider the views of persons who consider themselves affected by the proposed density increase for the site to which the extra density is to be transferred and, for these purposes, must publish a notice in at least 2 consecutive issues of a daily newspaper published or circulating in the city stating
(a) the site to which the extra density is to be transferred and the designated heritage property to which it relates,
(b) the extent of density increase that is proposed for the site to which the extra density is to be transferred, and
(c) the manner in which persons affected by the proposed density increase for the site to which the extra density is to be transferred may make their views known to the Development Permit Board.
(5) Before a density transfer is permitted under this section, a covenant in favour of the city that the extra density will not be used on the designated heritage property must be registered under section 215 of the Land Title Act against the designated heritage property.
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