HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions and interpretation

1  (1) In this Act:

"added area" means an area, other than a municipality, that is added to the transportation service region under section 1 (2) of the South Coast British Columbia Transportation Authority Act before the date prescribed by a regulation under section 2 of this Act for the purposes of the referenda ordered by the regulation to be conducted;

"added entity" means a regional district or other entity that has jurisdiction over an added area;

"elector" means a person who is, under section 5, entitled to vote in a referendum;

"Electoral Area A" means Electoral Area A in the Greater Vancouver Regional District;

"general local election" has the same meaning as in section 5 of the Local Government Act and section 9 (1) of the Vancouver Charter;

"mayors' council on regional transportation" has the same meaning as in the South Coast British Columbia Transportation Authority Act;

"referenda" means referenda that are required under section 2 to be conducted under this Act;

"regional transportation system" has the same meaning as in the South Coast British Columbia Transportation Authority Act;

"transportation service region", subject to subsection (2) of this section, has the same meaning as in the South Coast British Columbia Transportation Authority Act;

"treaty first nation" means a treaty first nation whose treaty lands are included in the transportation service region before the date prescribed by a regulation under section 2 for the purposes of the referenda ordered by the regulation to be conducted.

(2) A regulation under section 2 of this Act does not apply to the following:

(a) an area that is added to the transportation service region under section 1 (2) of the South Coast British Columbia Transportation Authority Act on or after the date prescribed by the regulation for the purposes of the referenda ordered by that regulation to be conducted;

(b) the municipality, regional district or other entity that has jurisdiction over an area referred to in paragraph (a), to the extent that the municipality, regional district or other entity has jurisdiction over the area;

(c) a municipality or rural area that is no longer located in the transportation service region on or after the date prescribed by the regulation for the purposes of the referenda ordered by that regulation to be conducted.

Referenda must be conducted

2  (1) The Lieutenant Governor in Council may, by regulation, order that referenda respecting funding for the regional transportation system be conducted.

(2) Subject to subsection (3), an order under subsection (1) must specify when the referenda are to be conducted.

(3) If an order under subsection (1) specifies that referenda are to be conducted after June 30, 2015, the order must specify that the referenda are to be conducted at the same time as, and where applicable, in conjunction with, general local elections in the transportation service region in a year no later than 2022.

(4) If the Lieutenant Governor in Council makes a regulation under subsection (1), a referendum must be conducted, in accordance with and in the manner provided for under this Act,

(a) by each municipality in the transportation service region, of the electors in the municipality,

(b) by the Greater Vancouver Regional District, of the electors in Electoral Area A,

(c) by an added entity, of the class of persons prescribed to be electors of the added entity, and

(d) of the class of persons in respect of a treaty first nation who are prescribed to be electors.

(5) The referenda must put the prescribed question or questions to the electors.

(6) The mayors' council on regional transportation must make recommendations to the minister respecting the content of the question or questions to be prescribed.

Offence Act and Referendum Act do not apply

3  (1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) The Referendum Act does not apply to the referenda.

Inconsistency or conflict with bylaw

4  If a bylaw of a municipality in the transportation service region, the Greater Vancouver Regional District or an added entity conflicts with or is inconsistent with a provision of this Act or the regulations, the bylaw does not apply in respect of the referendum to the extent of the conflict or inconsistency.

Electors

5  The following persons are entitled to vote in the referenda:

(a) in the case of a municipality in the transportation service region that is not the City of Vancouver, resident electors, as defined in section 5 of the Local Government Act, of the municipality;

(b) in the case of the City of Vancouver, resident electors as defined in section 2 of the Vancouver Charter;

(c) in the case of Electoral Area A, resident electors, as defined in section 5 of the Local Government Act, of Electoral Area A;

(d) in the case of an added entity, the class of persons who are prescribed to be electors of the added entity;

(e) in the case of a treaty first nation, the class of persons in respect of the treaty first nation who are prescribed to be electors.

Appropriation

6  (1) The government may pay, subject to and in accordance with the regulations, the amount set by regulation under section 7 (4) (d), to a municipality in the transportation service region, the Greater Vancouver Regional District, an added entity or a treaty first nation for

(a) the conduct of a referendum, or

(b) a prescribed matter related to the conduct of a referendum.

(2) The government may pay out of the consolidated revenue fund money for the purposes of subsection (1).

Regulations

7  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) providing that specified provisions of the Community Charter, the Election Act, the Local Government Act, the School Act or the Vancouver Charter or the regulations under any of them apply to and in relation to the referenda;

(b) adapting any provisions of those Acts or regulations with changes that the Lieutenant Governor in Council considers necessary or advisable.

(3) Without limiting subsection (1) or (2), the Lieutenant Governor in Council may make regulations that the Lieutenant Governor in Council considers necessary or advisable respecting the referenda, including, without limitation, the manner by which the referenda are to be conducted.

(4) Without limiting subsection (1), (2) or (3), the Lieutenant Governor in Council may make regulations as follows:

(a) providing a power to a municipality in the transportation service region, the Greater Vancouver Regional District, an added entity or a treaty first nation in order for a referendum to be conducted, and imposing terms and conditions on the power that the Lieutenant Governor in Council considers necessary or advisable;

(b) authorizing the minister to impose terms and conditions on a power referred to in paragraph (a) that the minister considers necessary or advisable;

(c) authorizing a municipality in the transportation service region, the Greater Vancouver Regional District or an added entity to conduct the referendum of electors of a treaty first nation, and imposing terms and conditions on the authorization;

(d) establishing the amount, or a formula for calculating the amount, with or without a maximum amount to be paid under the formula, to be paid under section 6 by the government to

(i) a municipality in the transportation service region,

(ii) the Greater Vancouver Regional District,

(iii) an added entity, or

(iv) a treaty first nation;

(e) respecting any matter for which regulations are contemplated by this Act.

(5) In making a regulation under this Act, the Lieutenant Governor in Council may

(a) provide differently for

(i) municipalities in the transportation service region, the Greater Vancouver Regional District or Electoral Area A, as the case may be, each added entity, an added entity that is neither a municipality nor all or part of a regional district and each treaty first nation,

(ii) different municipalities in the transportation service region,

(iii) different referenda, and

(iv) different matters under section 6 (1) (b), and

(b) confer a discretion on or delegate a matter to a person.

Transition — regulations

8  (1) Despite this Act or an enactment referred to in section 7 (2) (a), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting a matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act;

(b) that the Lieutenant Governor in Council considers necessary or advisable for the purposes of more effectively bringing this Act into operation;

(c) resolving errors, inconsistencies or ambiguities in this Act that arise in bringing this Act into operation.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations that the Lieutenant Governor in Council considers necessary or advisable for the purposes of preventing, minimizing or otherwise addressing transitional difficulties encountered in bringing this Act into operation.

(3) A regulation made under subsection (1) or (2) may be made retroactive to a date on or after the date that this section comes into force, and a regulation made retroactive is deemed to have come into force on the date specified in the regulation.

(4) To the extent of a conflict or an inconsistency between a regulation under subsection (1) or (2) and another enactment, the regulation prevails.

(5) A regulation under subsection (1) or (2) ceases to have effect 2 years after the regulation comes into force.

Consequential Amendments

South Coast British Columbia Transportation Authority Act

9 The following section is added to Part 3 of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30:

Proposed additional funding sources

34.1  (1) In this section, "additional funding sources" means

(a) a source of revenue for, or funding of, the authority, other than a source of revenue or funding that is available to the authority under this Act,

(b) an increase of the limits on or rates of a source of revenue for, or funding of, the authority under this Act,

(c) the modification of assessment mechanisms that apply under this Act to a source of revenue for, or funding of, the authority, or

(d) amendment to an enactment to enforce a source of revenue for the authority.

(2) The mayors' council on regional transportation may present a proposal to the minister that demonstrates the need of the authority for additional funding sources.

(3) The mayors' council on regional transportation must demonstrate to the minister's satisfaction that a majority of the electors in the transportation service region supports the proposal referred to in subsection (2).

(4) The Lieutenant Governor in Council may repeal this section by regulation.

10 Section 46 (2) is amended by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:

(d) defining words and expressions used but not defined in this Act.

11 Section 167 (1) is amended

(a) by adding "and" at the end of paragraph (k), and

(b) by repealing paragraph (l).

Commencement

12  This Act comes into force by regulation of the Lieutenant Governor in Council.