The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 1st day of June, 2021
Kate Ryan-Lloyd, Clerk of the Legislative Assembly
HONOURABLE JOSIE OSBORNE
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:
Community Charter
1 Section 124 (2) of the Community Charter, S.B.C. 2003, c. 26, is amended by repealing paragraph (d) and substituting the following:
(d) provide for advance public notice respecting the time and date and, if applicable, the place of council committee meetings and establish the procedures for giving that notice; .
2 Section 128 is repealed and the following substituted:
128 (1) If authorized by a procedure bylaw and the requirements of subsection (2) are met, regular council meetings may be conducted by means of electronic or other communication facilities.
(2) The following rules apply in relation to a regular council meeting referred to in subsection (1):
(a) the meeting must be conducted in accordance with the applicable procedure bylaw;
(b) in the procedure bylaw, a council must
(i) provide for advance public notice of the following:
(A) the way in which the meeting is to be conducted by means of electronic or other communication facilities;
(B) the place where the public may attend to hear, or watch and hear, the proceedings that are open to the public, and
(ii) establish the procedures for giving that notice;
(c) the facilities must
(i) enable the meeting's participants to hear, or watch and hear, the meeting,
(ii) except for any part of the meeting that is closed to the public, enable the public to hear, or watch and hear, the meeting, and
(iii) except for any part of the meeting that is closed to the public, enable the public to hear, or watch and hear, the meeting at the specified place, and a designated municipal officer must be in attendance at the specified place.
(3) Members of council who are participating in a meeting conducted in accordance with this section are deemed to be present at the meeting.
3 The following sections are added:
128.1 (1) If authorized by a procedure bylaw and the requirements of subsection (2) are met, special council meetings may be conducted by means of electronic or other communication facilities.
(2) The following rules apply in relation to a special council meeting referred to in subsection (1):
(a) the meeting must be conducted in accordance with the applicable procedure bylaw;
(b) the notice under section 127 (2) must include notice of the way in which the meeting is to be conducted by means of electronic or other communication facilities and the place where the public may attend to hear, or watch and hear, the proceedings that are open to the public;
(c) the facilities must
(i) enable the meeting's participants to hear, or watch and hear, the meeting, and
(ii) except for any part of the meeting that is closed to the public, enable the public to hear, or watch and hear, the meeting at the specified place, and a designated municipal officer must be in attendance at the specified place.
(3) Members of council who are participating in a meeting conducted in accordance with this section are deemed to be present at the meeting.
128.2 (1) If authorized by a procedure bylaw and the requirements of subsection (2) are met, council committee meetings may be conducted by means of electronic or other communication facilities.
(2) The following rules apply in relation to a council committee meeting referred to in subsection (1):
(a) the meeting must be conducted in accordance with the applicable procedure bylaw;
(b) in the procedure bylaw, a council must provide for advance public notice of the way in which the meeting is to be conducted by means of electronic or other communication facilities and establish the procedures for giving that notice;
(c) the facilities must enable the meeting's participants to hear, or watch and hear, the meeting;
(d) except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the meeting.
(3) Members of a council committee who are participating in a meeting conducted in accordance with this section are deemed to be present at the meeting.
128.3 (1) If authorized by a procedure bylaw and the requirements of subsection (2) are met, a member of council or a council committee who is unable to attend in person at a regular council meeting, a special council meeting or a council committee meeting may participate in the meeting by means of electronic or other communication facilities.
(2) The following rules apply in relation to a meeting referred to in subsection (1):
(a) the meeting must be conducted in accordance with the applicable procedure bylaw;
(b) the facilities must enable the meeting's participants to hear, or watch and hear, the participation of the member;
(c) except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the participation of the member.
(3) Members of council or a council committee who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.
4 The following Division is added to Part 6:
Division 6 – Ministerial Regulations
191.1 (1) The minister may make regulations in accordance with this section if the minister considers that special circumstances exist that result in, or are anticipated to result in, a loss of revenue by or an expense for
(a) a municipality, including the City of Vancouver,
(b) a regional district, or
(c) a greater board.
(2) The minister may make regulations respecting delaying the payment of debt incurred as revenue anticipation borrowing, until the earlier of
(a) the date when the anticipated revenue with respect to which the borrowing was authorized is received, or
(b) December 31 of the year following the year in which the debt was incurred.
(3) The minister may make a regulation under subsection (1) only if satisfied that
(a) the benefit of making the regulation is proportionate to the benefit of the continued application of the enactment as it is before the making of the regulation, and
(b) the regulation is necessary to prevent, respond to or alleviate the effects of the special circumstances.
(4) A regulation under subsection (1)
(a) must specify the following:
(i) the municipality, regional district or greater board or class of municipalities, regional districts or greater boards, including, without limitation, a class that is all municipalities, all regional districts or all greater boards, for which the payment date is postponed;
(ii) the calendar year in relation to which the debt is incurred as revenue anticipation borrowing;
(iii) whether the amount of any outstanding debt that remains unpaid after the applicable date referred to in subsection (2) will or will not limit the maximum allowable amount of revenue anticipation borrowing that may be incurred in the subsequent year, and
(b) may specify additional terms and conditions respecting the payment of the debt.
(5) A regulation under subsection (1) may provide that it applies despite any of the following:
(a) section 177 [revenue anticipation borrowing];
(b) section 35 [borrowing in anticipation of revenue] of the Greater Vancouver Sewerage and Drainage District Act;
(c) section 58 [borrowing in anticipation of revenue] of the Greater Vancouver Water District Act;
(d) section 404 [revenue anticipation borrowing] of the Local Government Act;
(e) section 263 [borrowing pending collection of real-property taxes] of the Vancouver Charter.
191.2 (1) The minister may make regulations respecting borrowing from reserve funds to cover an operational shortfall in the year of borrowing if the minister considers that special circumstances exist that result in, or are anticipated to result in, an operational shortfall for
(a) a municipality, including the City of Vancouver,
(b) a regional district,
(c) a greater board, or
(d) an improvement district.
(2) The minister may make a regulation under subsection (1) only if satisfied that
(a) the benefit of making the regulation is proportionate to the benefit of the continued application of the enactment as it is before the making of the regulation, and
(b) the regulation is necessary to prevent, respond to or alleviate the effects of the special circumstances.
(3) A regulation under subsection (1)
(a) must specify the following:
(i) the municipality, regional district, greater board or improvement district or class of municipalities, regional districts, greater boards or improvement districts, including, without limitation, a class that is all municipalities, all regional districts, all greater boards or all improvement districts, that may borrow from reserve funds;
(ii) the calendar year in relation to which borrowing is authorized;
(iii) the date by which the borrowed amount must be repaid to the reserve fund from which it was borrowed;
(iv) whether interest applies to the borrowed amount and, if so, the amount of the applicable interest;
(v) whether a penalty of no more than 5% of the amount outstanding after the date specified under subparagraph (iii) applies to any amount outstanding after that specified date such that it must be paid to the reserve fund from which the amount was borrowed;
(vi) whether any amount outstanding after the date specified under subparagraph (iii) must be included as a cash transfer to reserves in the year following that date in the financial plan, annual estimates or budget, as applicable, and
(b) may specify additional terms and conditions respecting the borrowing from reserve funds.
(4) A regulation under subsection (1) may provide that it applies despite any of the following:
(a) section 165 [financial plan];
(b) section 189 [use of money in reserve funds];
(c) section 34.1 [reserve and special reserve funds] of the Greater Vancouver Sewerage and Drainage District Act;
(d) section 53 [annual estimate] of the Greater Vancouver Sewerage and Drainage District Act;
(e) section 46 [annual estimates and fixing of rates] of the Greater Vancouver Water District Act;
(f) section 57.1 [reserve funds] of the Greater Vancouver Water District Act;
(g) section 374 [annual financial plan] of the Local Government Act;
(h) section 377 [financial management: application of Community Charter] of the Local Government Act;
(i) section 697 (2) (d) [general powers of improvement district] of the Local Government Act;
(j) section 706 [renewal of works and related reserve funds] of the Local Government Act;
(k) section 193D (5) (d) and (8) [reserve fund for accommodation to replace converted or demolished single room accommodation] of the Vancouver Charter;
(l) section 201A [property acquisition fund] of the Vancouver Charter;
(m) section 219 [Director of Finance to report on revenue and expenditure] of the Vancouver Charter;
(n) section 306 (7) to (9) [reserve fund for off-street parking and transportation infrastructure] of the Vancouver Charter;
(o) section 372 [annual estimates] of the Vancouver Charter;
(p) section 523D (16) to (17.1) [development cost levy reserve funds] of the Vancouver Charter.
Local Government Act
5 Section 110 (2) and (3) of the Local Government Act, R.S.B.C. 2015, c. 1, is repealed.
6 The following section is added:
167.1 (1) If the minister considers that special circumstances exist that affect, or are anticipated to affect, the administration or conduct of election proceedings or proceedings for assent voting, the minister may make regulations providing an exception to or modification of
(a) one or more provisions of this Part or Part 4,
(b) a regulation under this Part or Part 4, or
(c) a bylaw under this Act.
(2) The minister may make a regulation under subsection (1) only if satisfied that
(a) the benefit of making the regulation is proportionate to the benefit of the continued application of the enactment as it is before the making of the regulation, and
(b) the regulation is necessary to prevent, respond to, or alleviate the effects of the special circumstances.
(3) A regulation under subsection (1) must specify a date of repeal of the regulation that is no later than one year after the date the regulation is made.
7 Section 175 (4) is amended
(a) in paragraph (a) by striking out "section 110 (3) (b)" and substituting "section 110", and
(b) by repealing paragraph (b).
8 Section 221 (1) is amended by striking out "conducted by means of electronic or other communications facilities." and substituting "conducted by means of electronic or other communication facilities."
9 Section 465 is amended
(a) by adding the following subsections:
(1.1) Subject to subsection (1.2), a public hearing under section 464 (1) may be conducted by means of electronic or other communication facilities.
(1.2) The facilities referred to in subsection (1.1) must enable the public hearing's participants to hear, or watch and hear, each other. , and
(b) by repealing subsection (7) and substituting the following:
(7) A public hearing may be adjourned and no further notice of the hearing is necessary if the following are stated to those in attendance at the time the hearing is adjourned:
(a) the time and date of the resumption of the hearing;
(b) the place of the resumed hearing, if applicable;
(c) the way in which the hearing is to be conducted by means of electronic or other communication facilities, if applicable.
10 Section 466 (2) is amended
(a) in paragraph (b) by adding ", if applicable" after "the place of the hearing", and
(b) by adding the following paragraph:
(b.1) if the hearing is conducted by means of electronic or other communication facilities, the way in which the hearing is to be conducted by those means; .
11 Section 494 (2) is amended
(a) by striking out "and" at the end of paragraph (c),
(b) by repealing paragraph (d) and substituting the following:
(d) the time and date when and, if applicable, the place where the resolution will be considered, and , and
(c) by adding the following paragraph:
(e) if the meeting at which the resolution will be considered is conducted by means of electronic or other communication facilities, the way in which the meeting is to be conducted by those means.
12 Section 541 (2) is repealed and the following substituted:
(2) A notice under subsection (1) must state the following:
(a) the subject matter of the application;
(b) the time and date when and, if applicable, the place where the application will be heard;
(c) if the meeting at which the application is heard is conducted by means of electronic or other communication facilities, the way in which the meeting is to be conducted by those means.
13 Section 543 (3) is repealed and the following substituted:
(3) A notice under subsection (2) must state the following:
(a) the subject matter of the application;
(b) the time and date when and, if applicable, the place where the application will be heard;
(c) if the meeting at which the application is heard is conducted by means of electronic or other communication facilities, the way in which the meeting is to be conducted by those means.
14 Section 683 (3) is amended by striking out "is 3 years" and substituting "continues until the date of the improvement district election that is held in the third calendar year following the calendar year in which the trustee was elected or appointed" .
15 Section 690 (1) is repealed and the following substituted:
(1) At least once in every calendar year, an improvement district board must call an annual general meeting of the owners of land in the improvement district at which it presents the audited financial statements for the preceding calendar year.
16 Section 699 (1) is repealed and the following substituted:
(1) A bylaw of an improvement district must be signed by the corporate officer and the person presiding at the meeting at which the bylaw is passed.
Municipalities Enabling and Validating Act (No. 4)
17 The following Part is added to the Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14:
Part 5 – 2021
Division 1 – Definitions
31 In this Part:
"City of Vancouver" means the city as defined in section 2 of the Vancouver Charter;
"council" means a council as defined in section 1 of the Schedule to the Community Charter;
"Greater Vancouver Sewerage and Drainage District" means the Corporation as defined in section 2 of the Greater Vancouver Sewerage and Drainage District Act;
"Greater Vancouver Water District" means the Corporation as defined in section 2 of the Greater Vancouver Water District Act;
"improvement district" means an improvement district as defined in section 1 of the Schedule to the Local Government Act;
"item 16" means item 16 of Schedule 2 to the COVID-19 Related Measures Act as the item read immediately before its repeal;
"local authority" means a local authority as defined in section 1 of the Schedule to the Community Charter;
"municipality" means a municipality as defined in section 1 of the Schedule to the Community Charter;
"regional district" means a regional district as defined in section 1 of the Schedule to the Local Government Act;
"Vancouver council" means the Council as defined in section 2 of the Vancouver Charter.
Division 2 – Reserve Fund Borrowing (COVID-19)
32 (1) This section applies to a municipality that, during the 2020 calendar year, borrowed from a reserve fund established under section 188 [establishment of reserve funds] of the Community Charter in accordance with section 3 (1) of item 16.
(2) The money borrowed in accordance with subsection (1)
(a) must be repaid to the fund from which it was borrowed on or before December 31, 2025, and
(b) need not be repaid with interest.
(3) Any outstanding money that remains unpaid on December 31, 2025 must be added to the 2026 financial plan, budget or estimates, as applicable, of the municipality as a cash transfer to reserves, plus a penalty equal to 5% of the debt outstanding as at December 31, 2025.
(4) This section applies despite section 189 [use of money in reserve funds] of the Community Charter.
33 (1) This section applies to a regional district that, during the 2020 calendar year, borrowed from a reserve fund established under section 377 [financial management: application of Community Charter] of the Local Government Act in accordance with section 4 (1) of item 16.
(2) The money borrowed in accordance with subsection (1)
(a) must be repaid to the fund from which it was borrowed on or before December 31, 2025, and
(b) need not be repaid with interest.
(3) Any outstanding money that remains unpaid on December 31, 2025 must be added to the 2026 financial plan, budget or estimates, as applicable, of the regional district as a cash transfer to reserves, plus a penalty equal to 5% of the debt outstanding as at December 31, 2025.
(4) This section applies despite section 377 of the Local Government Act.
34 (1) This section applies to an improvement district that, during the 2020 calendar year, borrowed from a reserve fund established under section 706 [renewal of works and related reserve funds] of the Local Government Act in accordance with section 5 (1) of item 16.
(2) The money borrowed in accordance with subsection (1)
(a) must be repaid to the fund from which it was borrowed on or before December 31, 2025, and
(b) need not be repaid with interest.
(3) Any outstanding money that remains unpaid on December 31, 2025 must be added to the 2026 financial plan, budget or estimates, as applicable, of the improvement district as a cash transfer to reserves, plus a penalty equal to 5% of the debt outstanding as at December 31, 2025.
(4) This section applies despite section 706 of the Local Government Act.
35 (1) This section applies to the City of Vancouver in respect of money that the city, during the 2020 calendar year, borrowed from a reserve fund established under the following sections of the Vancouver Charter in accordance with section 6 (1) of item 16:
(a) section 193D (5) (d) and (8) [single room accommodation permits];
(b) section 201A [property acquisition fund];
(c) section 306 (7) to (9) [reserve fund for off-street parking and other transportation infrastructure];
(d) section 523D (16) to (17.1) [development cost levies].
(2) The money borrowed in accordance with subsection (1)
(a) must be repaid to the fund from which it was borrowed on or before December 31, 2025, and
(b) need not be repaid with interest.
(3) Any outstanding money that remains unpaid on December 31, 2025 must be added to the 2026 financial plan, budget or estimates, as applicable, of the City of Vancouver as a cash transfer to reserves, plus a penalty equal to 5% of the debt outstanding as at December 31, 2025.
(4) This section applies despite the following provisions of the Vancouver Charter:
(a) section 193D (5) (d) and (8);
(b) section 201A;
(c) section 306 (7) to (9);
(d) section 523D (16) to (17.1).
36 (1) This section applies to the Greater Vancouver Sewerage and Drainage District in respect of money that the district, during the 2020 calendar year, borrowed from a reserve fund established under section 34.1 [reserve and special reserve funds] of the Greater Vancouver Sewerage and Drainage District Act in accordance with section 7 (1) of item 16.
(2) The money borrowed in accordance with subsection (1)
(a) must be repaid to the fund from which it was borrowed on or before December 31, 2025, and
(b) need not be repaid with interest.
(3) Any outstanding money that remains unpaid on December 31, 2025 must be added to the 2026 financial plan, budget or estimates, as applicable, of the Greater Vancouver Sewerage and Drainage District as a cash transfer to reserves, plus a penalty equal to 5% of the debt outstanding as at December 31, 2025.
(4) This section applies despite section 34.1 of the Greater Vancouver Sewerage and Drainage District Act.
37 (1) This section applies to the Greater Vancouver Water District in respect of money that the district, during the 2020 calendar year, borrowed from a reserve fund established under section 57.1 [reserve funds] of the Greater Vancouver Water District Act in accordance with section 8 (1) of item 16.
(2) The money borrowed in accordance with subsection (1)
(a) must be repaid to the fund from which it was borrowed on or before December 31, 2025, and
(b) need not be repaid with interest.
(3) Any outstanding money that remains unpaid on December 31, 2025 must be added to the 2026 financial plan, budget or estimates, as applicable, of the Greater Vancouver Water District as a cash transfer to reserves, plus a penalty equal to 5% of the debt outstanding as at December 31, 2025.
(4) This section applies despite section 57.1 of the Greater Vancouver Water District Act.
38 (1) For the purposes of this Division, 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) modifying the date specified in section 32 (2) (a), 33 (2) (a), 34 (2) (a), 35 (2) (a), 36 (2) (a) or 37 (2) (a) [repayment deadline];
(b) waiving the 5% penalty incurred under section 32 (3), 33 (3), 34 (3), 35 (3), 36 (3) or 37 (3) [penalty for outstanding debt].
(3) Regulations under subsection (2) may be different for different local authorities or classes of local authorities.
Division 3 – Revenue Anticipation Borrowing (COVID-19)
39 (1) Debt incurred by a municipality borrowing money in anticipation of revenue in 2020 in accordance with section 177 [revenue anticipation borrowing] of the Community Charter must be repaid on or before the earlier of the following dates:
(a) the date when the anticipated revenue for which the borrowing was authorized is received;
(b) December 31, 2021.
(2) The amount of any outstanding debt from 2020 that remains unpaid in 2021 under subsection (1) does not limit, and need not be included in the calculation of, the maximum allowable amount of borrowing in anticipation of revenue in 2021 in respect of the municipality.
(3) This section applies despite section 177 of the Community Charter.
40 (1) Debt incurred by a regional district borrowing money in anticipation of revenue in 2020 in accordance with section 404 [revenue anticipation borrowing] of the Local Government Act must be repaid on or before the earlier of the following dates:
(a) the date when the anticipated revenue for which the borrowing was authorized is received;
(b) December 31, 2021.
(2) The amount of any outstanding debt from 2020 that remains unpaid in 2021 under subsection (1) does not limit the maximum allowable amount of borrowing in anticipation of revenue in 2021 in respect of the regional district.
(3) This section applies despite section 404 of the Local Government Act.
41 (1) Debt incurred by the City of Vancouver borrowing a sum of money in anticipation of revenue in 2020 in accordance with section 263 [borrowing pending collection of real-property taxes] of the Vancouver Charter must be repaid on or before the earlier of the following dates:
(a) the date when the anticipated revenue for which the borrowing was authorized is received;
(b) December 31, 2021.
(2) The amount of any outstanding debt from 2020 that remains unpaid in 2021 under subsection (1) does not limit, and need not be included in the calculation of, the maximum allowable amount of borrowing in anticipation of revenue in 2021.
(3) This section applies despite section 263 of the Vancouver Charter.
42 (1) Debt incurred by the Greater Vancouver Sewerage and Drainage District borrowing a sum of money in anticipation of revenue in 2020 in accordance with section 35 [borrowing in anticipation of revenue] of the Greater Vancouver Sewerage and Drainage District Act must be repaid on or before the earlier of the following dates:
(a) the date when the anticipated revenue for which the borrowing was authorized is received;
(b) December 31, 2021.
(2) The amount of any outstanding debt from 2020 that remains unpaid in 2021 under subsection (1) does not limit the maximum allowable amount of borrowing in anticipation of revenue in 2021.
(3) This section applies despite section 35 of the Greater Vancouver Sewerage and Drainage District Act.
43 (1) Debt incurred by the Greater Vancouver Water District borrowing a sum of money in anticipation of revenue in 2020 in accordance with section 58 [borrowing in anticipation of revenue] of the Greater Vancouver Water District Act must be repaid on or before the earlier of the following dates:
(a) the date when the anticipated revenue for which the borrowing was authorized is received;
(b) December 31, 2021.
(2) The amount of any outstanding debt from 2020 that remains unpaid in 2021 under subsection (1) does not limit the maximum allowable amount of borrowing in anticipation of revenue in 2021.
(3) This section applies despite section 58 of the Greater Vancouver Water District Act.
44 (1) For the purposes of this Division, 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 modifying the date specified in section 39 (1) (b), 40 (1) (b), 41 (1) (b), 42 (1) (b) or 43 (1) (b) [repayment deadline].
(3) Regulations under subsection (2) may be different for different local authorities or classes of local authorities.
Division 4 – Annual Tax Sales (COVID-19)
45 (1) If a council of a municipality adopted a bylaw in accordance with section 15 (1) of item 16 deferring the annual tax sale, provided for under Division 7 [Annual Municipal Tax Sale] of Part 16 [Municipal Provisions] of the Local Government Act, for 2020,
(a) the annual tax sale for the municipality for 2020 is deferred to September 27, 2021, and
(b) for certainty, any taxes that are delinquent, as described in section 246 (1) of the Community Charter, remain delinquent for 2021, with interest charges that are carried under that Act.
(2) This section applies despite Division 7 of Part 16 of the Local Government Act.
46 (1) The annual tax sale for the City of Vancouver for 2020 is deferred to November 10, 2021, in accordance with By-Law No. 12730, adopted by Vancouver council on July 7, 2020.
(2) For certainty, any taxes that are delinquent, as described in section 407 [further warning of tax sale] of the Vancouver Charter, remain delinquent for 2021, with interest charges that are carried under that Act.
(3) This section applies despite Part XX [Real-Property Taxation] of the Vancouver Charter.
47 (1) In this section, "deferral date" means, as applicable,
(a) a date specified for the annual tax sale by a bylaw made under section 17 (2) of item 16, or
(b) September 27, 2021, if no date is specified in a bylaw referred to in paragraph (a).
(2) If an improvement district board adopted a bylaw in accordance with section 17 (2) of item 16 deferring the annual tax sale for 2020 until the deferral date,
(a) the annual tax sale for the improvement district for 2020 is deferred to the deferral date, and
(b) for certainty, any taxes that remain owing, as described in section 718 (1) (a) [tax sale for recovery of taxes] of the Local Government Act, continue to remain owing for 2021, with interest charges that are carried under that Act.
(3) This section applies despite Division 6 [Tax Sales] of Part 17 [Improvement Districts] of the Local Government Act.
Division 5 – Tax Sale Redemption Periods (COVID-19)
48 (1) If a council of a municipality adopted a bylaw in accordance with section 18 (1) of item 16 extending the expiration of the redemption period for all properties that have a redemption period ending in 2020, the expiration of the redemption period for the municipality is extended to September 27, 2021.
(2) This section applies despite Division 7 [Annual Municipal Tax Sale] of Part 16 [Municipal Provisions] of the Local Government Act.
Vancouver Charter
18 Section 2.1 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended
(a) by repealing subsection (2) and substituting the following:
(2) The following provisions of the Community Charter apply to the city:
(a) Division 6 [Ministerial Regulations] of Part 6 [Financial Management];
(b) section 193.1 [interest calculation];
(c) section 223 [exemptions under regulations];
(d) Division 3 [Dispute Resolution] of Part 9 [Governmental Relations]. , and
(b) in subsection (4) by adding the following:
(d) the Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14.
19 Section 72 (2) is repealed.
20 Section 164.1 (3) is amended by striking out "conducted by means of electronic or other communications facilities." and substituting "conducted by means of electronic or other communication facilities."
21 The following section is added:
495A. (1) If permitted under subsection (2), a meeting or special meeting of the Board may be conducted by means of electronic or other communication facilities.
(2) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (1) and prescribing conditions, limits and requirements respecting such meetings.
22 Section 562 (4) is amended by striking out "Section 566 (3) to (5.1)" and substituting "Section 566 (1.1), (1.2) and (3) to (5.1)".
23 Section 566 is amended
(a) by adding the following subsections:
(1.1) Subject to subsection (1.2), a public hearing under subsection (1) may be conducted by means of electronic or other communication facilities.
(1.2) The facilities referred to in subsection (1.1) must enable the public hearing's participants to hear, or watch and hear, each other. , and
(b) by repealing subsection (3) and substituting the following:
(3) Notice of the hearing that states the following must be published in accordance with section 3, with the last publication appearing at least 7 days and not more than 14 days before the date of the hearing:
(a) the time and date of the hearing;
(b) the place of the hearing, if applicable;
(c) the way in which the hearing is to be conducted by means of electronic or other communication facilities, if applicable;
(d) the place where and the times when a copy of the proposed by-law may be inspected.
24 Section 594 (2) is amended by striking out "Section 566 (3), (5) and (5.1)" and substituting "Section 566 (1.1), (1.2), (3), (5) and (5.1)".
25 If, before this section comes into force, a local authority, as defined in section 1 of the Schedule to the Community Charter, provides notice of a meeting or a hearing to be held on or after the date this section comes into force and provides the notice in accordance with item 21 [Local Government Meetings and Bylaw Process (COVID-19) Order No. 3] of Schedule 2 to the COVID-19 Related Measures Act as the item read immediately before its repeal, that notice is deemed to be provided in accordance with the Community Charter, the Local Government Act or the Vancouver Charter, as applicable and as amended by this Act.
Hospital District Act
26 Section 17.1 (5) of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by repealing paragraph (f) and substituting the following:
(f) sections 128 to 128.3 [electronic meetings and electronic participation]; .
27 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Sections 1 to 3 | By regulation of the Lieutenant Governor in Council |
| 3 | Section 4 | July 11, 2021 |
| 4 | Sections 9 to 13 | By regulation of the Lieutenant Governor in Council |
| 5 | Sections 14 to 18 | July 11, 2021 |
| 6 | Sections 21 to 26 | By regulation of the Lieutenant Governor in Council |