Bill 20 – 2022: Municipal Affairs Statutes Amendment Act, 2022

HONOURABLE NATHAN CULLEN
MINISTER OF MUNICIPAL AFFAIRS

BILL 20 – 2022

MUNICIPAL AFFAIRS STATUTES
AMENDMENT ACT, 2022

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

CLAUSE 1: [Auditor General for Local Government Act] repeals the Act.

CLAUSE 2: [Community Charter, section 90] is consequential to the repeal by this Bill of the Auditor General for Local Government Act.

2 Section 90 (2) (e) of the Community Charter, S.B.C. 2003, c. 26, is repealed.

CLAUSE 3: [Community Charter, section 93] makes housekeeping amendments.

3 Section 93 is amended by repealing paragraphs (b), (c) and (d) and substituting the following:

(d) a board of variance established by a local government under Division 15 of Part 14 of the Local Government Act; .

CLAUSE 4: [Community Charter, section 98] removes a provision of the Act that is relocated by this Bill to section 99 of the Act.

4 Section 98 (1) is amended by adding "and" at the end of paragraph (a), by striking out ", and" at the end of paragraph (b) and by repealing paragraph (c).

CLAUSE 5: [Community Charter, section 99]

amends the deadline for holding a public meeting at which an annual report prepared under section 98 of the Act is to be considered;
amends the requirements for giving public notice of the public meeting;
relocates a provision from section 98 of the Act.

(2) The annual meeting must occur at least 14 days after the annual report is made available for public inspection under section 97 but no later than June 30.

(3) Notice of the annual meeting must be given in accordance with section 94 [public notice] and must include the following:

(b) if the annual meeting is to be conducted by means of electronic or other communication facilities, the way in which the meeting is to be conducted by those means. , and

(4) The council must have the annual report available for public inspection at the annual meeting.

(5) In the case of an annual meeting conducted by means of electronic or other communication facilities, the obligation under subsection (4) is met if the annual report is published on a publicly accessible website.

CLAUSE 6: [Community Charter, Division 6.1 of Part 4]

adds a definition;
requires a member of council who is charged with a specified offence under the Criminal Code or the Controlled Drugs and Substances Act (Canada) to provide written notice of the charge to the council;
provides that a member of council charged with a specified offence is on a leave of absence from the member's duties on council.

Definition

109.1 In this Division, "charge" does not include a charge in an information described in section 507.1 (1) of the Criminal Code that must be referred in accordance with that section.

Disclosure of charge

109.2 (1) This section applies to a council member who is charged with any of the following:

(b) an indictable offence under the Controlled Drugs and Substances Act (Canada).

(2) The council member must, as soon as practicable, give written notice to the council indicating

Mandatory leave of absence

109.3 (1) A council member who is charged with an offence referred to in section 109.2 is on a leave of absence from the member's duties on council for a period that

(i) if the member is acquitted of the offence, on the day after the date of the acquittal,

(iii) if the member is discharged of the offence, on the day after the date of the discharge,

(iv) if all proceedings in relation to the charge are stayed, on the day after the date of the stay, or

(a) continues to hold office but must not exercise a power or carry out a duty as a council member, and

(b) is entitled to remuneration and benefits to which the member would be entitled as a council member if the member were not on the leave of absence.

(3) For certainty, a person who is on a leave of absence under this section and who is otherwise qualified to hold office is not disqualified from being nominated for, being elected to or holding office

(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or

(4) A power exercised or a duty carried out by a council member who is on a leave of absence under this section is not invalid by reason only that it was exercised or carried out in contravention of subsection (2) (a).

CLAUSE 7: [Community Charter, section 125] provides that a council member who is absent from council meetings is not disqualified from holding office if the absence is because the member is on a leave of absence under section 109.3 of the Act, as added by this Bill.

CLAUSE 8: [Community Charter, sections 128 and 128.1] makes a housekeeping amendment.

8 Sections 128 (2) and 128.1 (2) are amended by striking out "The following rules apply" and substituting "The following requirements apply".

CLAUSE 9: [Community Charter, section 129] authorizes the minister to make an order or appoint acting council members if the number of council members not on leave of absence is reduced to less than a quorum.

(a) in subsection (1) by striking out "subsection (3) or (4)" and substituting "subsection (3), (4) or (7)", and

(7) If, as a result of section 109.3 [mandatory leave of absence], the number of council members who may exercise their powers and carry out their duties is reduced to less than a quorum, the minister may either

(a) order that the reduced number of members constitutes a quorum until the quorum requirement described in subsection (1) of this section can be met, or

(b) appoint qualified persons to act on behalf of the members who are on a leave of absence under section 109.3.

CLAUSE 10: [Community Charter, sections 145.1 and 145.2]

provides that meetings of specified bodies may be conducted by means of electronic or other communication facilities if permitted under the rules governing the procedures of the body;
provides some procedural requirements for electronic meetings of the bodies;
provides that members who are unable to attend in person at a meeting of a body may participate in the meeting electronically if permitted under the rules governing the procedures of the body;
provides that members participating electronically in a meeting are deemed to be present at the meeting.

Electronic meetings of other bodies

145.1 (1) If permitted under the rules governing the procedures of the body and the requirements of subsection (2) are met, meetings of the following bodies may be conducted by means of electronic or other communication facilities:

(e) a body that under this or another Act may exercise the powers of a municipality or council;

(2) The following requirements apply in relation to a meeting referred to in subsection (1):

(a) the facilities must enable the meeting's participants to hear, or watch and hear, the meeting;

(b) 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 body who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

Electronic participation of members

145.2 (1) If permitted under the rules governing the procedures of the body and the requirements of subsection (2) are met, a member of a body referred to in section 145.1 (1) who is unable to attend in person at a meeting of that body may participate in the meeting by means of electronic or other communication facilities.

(2) The following requirements apply in relation to a meeting referred to in subsection (1):

(a) the facilities must enable the meeting's participants to hear, or watch and hear, the participation of the member;

(b) 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 a body who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

CLAUSE 11: [Community Charter, section 204] is consequential to amendments made by this Bill to the Act.

(a) appoint at least 3 persons as the members of the parcel tax roll review panel,

(d) publish notice of the sitting in accordance with section 94 [public notice]. ,

(b) if the sitting is conducted by means of electronic or other communication facilities, the way in which the sitting is to be conducted by those means. ,

(c.1) if the first sitting of the review panel is conducted by means of electronic or other communication facilities, the way in which the first sitting is to be conducted by those means, and .

CLAUSE 12: [Community Charter, section 205]

is consequential to amendments made by this Bill to the Act;
makes housekeeping amendments.

12 Section 205 is amended by repealing subsections (5), (6) and (7) and substituting the following:

(b) the time and, if applicable, place set for the panel to give its direction, and

(c) if the direction is given by means of electronic or other communication facilities, the way in which the direction is to be given by those means.

(6) The following sections of the Assessment Act apply in relation to the hearing of complaints by a parcel tax roll review panel:

(7) In applying a section of the Assessment Act referred to in subsection (6) of this section,

(a) a reference to a complaint is to be read as a reference to a complaint under subsection (1) of this section,

(b) a reference to the assessment roll is to be read as a reference to a parcel tax roll,

(d) a reference to a review panel is to be read as a reference to a parcel tax roll review panel, and

CLAUSE 13: [Community Charter, section 205.1] is consequential to amendments made by this Bill to the Act.

Daily schedule of review panel

205.1 (1) The daily schedule of matters for review and consideration by a parcel tax roll review panel, as set by the collector, must be posted

(a) at the place where the parcel tax roll review panel is to meet, if sittings of the parcel tax roll review panel are conducted in person, or

(b) at the public notice posting places, if sittings of the parcel tax roll review panel are conducted by means of electronic or other communication facilities.

(2) The parcel tax roll review panel must deal with complaints and collector recommendations in accordance with the daily schedule referred to in subsection (1) unless the parcel tax roll review panel considers a change in the daily schedule necessary or desirable in the circumstances.

(3) For the purposes of subsection (2), the chair of the parcel tax roll review panel may adjourn the sittings of the parcel tax roll review panel

(b) if the sittings of the parcel tax roll review panel are conducted in person, from place to place within the geographic area of the parcel tax roll review panel's jurisdiction.

CLAUSE 14: [Community Charter, Schedule] makes a housekeeping amendment.

14 The Schedule is amended in the definition of "parcel tax roll review panel" by striking out "the parcel tax roll review panel" and substituting "a parcel tax roll review panel".

CLAUSE 15: [Islands Trust Act, section 6]

applies Division 6.1 of Part 4 of the Community Charter, as added to that Act by this Bill, to local trustees;
authorizes the minister to make an order or appoint acting members of a local trust committee if the number of local trust committee members not on leave of absence is reduced to fewer than the number required for the local trust committee to exercise its powers.

(7.1) If, as a result of section 109.3 [mandatory leave of absence] of the Community Charter as it applies for the purposes of this Act, the number of members of a local trust committee who may exercise their powers is reduced to fewer than the number that is required for the local trust committee to exercise its powers, the minister may

(a) order that the reduced number of members constitutes the required number of members for the local trust committee to exercise its powers until the previous requirement can be met, or

(b) appoint qualified persons to act on behalf of the members who are on a leave of absence under section 109.3.

CLAUSE 16: [Local Government Act, section 54] requires an election to fill a vacancy in an elected local government if an office becomes vacant under section 82.1 of the Act, as added by this Bill.

16 Section 54 (1) of the Local Government Act, R.S.B.C. 2015, c. 1, is amended by adding the following paragraph:

(a.1) the office becomes vacant under section 82.1 [disqualification – indictable offence]; .

CLAUSE 17: [Local Government Act, section 81] is consequential to the addition by this Bill of section 82.1 to the Act.

CLAUSE 18: [Local Government Act, section 82.1] provides that, on conviction for an indictable offence, a person is disqualified from being nominated for, being elected to or holding office on a local government.

Disqualification – indictable offence

82.1 (1) A person who is convicted of an indictable offence is disqualified from being nominated for, being elected to or holding office on a local government from the date of the conviction until the date on which the person is sentenced.

(2) If a person elected or appointed to office on a local government is convicted of an indictable offence, the person's office becomes vacant on the date of the conviction.

(3) For certainty, a person whose office becomes vacant under subsection (2) and whose conviction is overturned on appeal is not entitled, if the term of office for which the person was elected has not ended, to take office for the unexpired part of the term.

CLAUSE 19: [Local Government Act, section 204] provides that a member of a board of a regional district who is absent from board meetings is not disqualified from holding office if the absence is because the member is on a leave of absence under section 109.3 of the Community Charter, as added to that Act by this Bill, and as that section applies to regional districts.

CLAUSE 20: [Local Government Act, section 205] applies Division 6.1 of Part 4 of the Community Charter, as added to that Act by this Bill, to regional districts.

CLAUSE 21: [Local Government Act, Division 5.1 of Part 6]

provides that meetings of specified bodies may be conducted by means of electronic or other communication facilities if permitted under the rules governing the procedures of the body;
provides some procedural requirements for electronic meetings of the bodies;
provides that members who are unable to attend in person at a meeting of a body may participate in the meeting electronically if permitted under the rules governing the procedures of the body;
provides that members participating electronically in a meeting are deemed to be present at the meeting.

Electronic meetings of other bodies

226.1 (1) If permitted under the rules governing the procedures of the body and the requirements of subsection (2) are met, meetings of the following bodies may be conducted by means of electronic or other communication facilities:

(a) a local community commission under section 243 [establishment of local community commissions];

(b) a commission established under section 263 (1) (g) [corporate powers of board];

(d) an advisory planning commission established under section 461 [advisory planning commission].

(2) The following requirements apply in relation to a meeting referred to in subsection (1):

(a) the facilities must enable the meeting's participants to hear, or watch and hear, the meeting;

(b) 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 body who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

Electronic participation of members of other bodies

226.2 (1) If permitted under the rules governing the procedures of the body and the requirements of subsection (2) are met, a member of a body referred to in section 226.1 (1) who is unable to attend in person at a meeting of that body may participate in the meeting by means of electronic or other communication facilities.

(2) The following requirements apply in relation to a meeting referred to in subsection (1):

(a) the facilities must enable the meeting's participants to hear, or watch and hear, the participation of the member;

(b) 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 a body who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

CLAUSE 22: [Local Government Act, section 376]

makes a housekeeping amendment;
amends the requirements for giving public notice of the meeting that must be held under the section.

(a) in subsection (1) by striking out "By June 30 in each year" and substituting "On or before June 30 in each year", and

(2) Notice of the meeting must be published in accordance with section 94 [requirements for public notice] of the Community Charter and must include the following:

(b) if the annual meeting is to be conducted by means of electronic or other communication facilities, the way in which the meeting is to be conducted by those means;

(c) a statement that the financial statements and any reports to be presented at the meeting are available for inspection at the regional district offices.

CLAUSE 23: [Local Government Act, section 455] makes a housekeeping amendment by using the defined term "agricultural land".

23 Section 455 is amended in the definition of "farming area" by repealing paragraph (a) and substituting the following:

CLAUSE 24: [Local Government Act, section 477] makes a housekeeping amendment by using the defined term "agricultural land".

24 Section 477 (3) (b) is amended by striking out "agricultural land in the agricultural land reserve" and substituting "agricultural land".

CLAUSE 25: [Local Government Act, section 514] makes a housekeeping amendment by using the defined term "agricultural land".

(c) in subsection (5) by striking out "agricultural land within the agricultural land reserve" and substituting "agricultural land", and

(d) in subsection (8) by striking out everything before paragraph (a) and substituting "For a parcel of land that is not agricultural land, or that is agricultural land to which section 23 (1) or (2) of the Agricultural Land Commission Act applies, approval of subdivision under this section may be given only on the condition that".

CLAUSE 26: [Local Government Act, section 555] makes a housekeeping amendment by using the defined term "agricultural land".

(2) Despite a zoning bylaw, intensive agriculture is permitted as a use on agricultural land that is not subject to section 23 (1) [exception for small farms established before 1973] of the Agricultural Land Commission Act.

CLAUSE 27: [Local Government Act, section 597] makes a housekeeping amendment.

27 Section 597 (1) is amended by striking out "section 263 (1) (f) [regional district commissions]" and substituting "section 263 (1) (g) [regional district commissions]".

CLAUSE 28: [Municipalities Enabling and Validating Act (No. 4), heading to Division 1 of Part 6] is consequential to the addition by this Bill of Division 2 to Part 6 of the Act.

28 Part 6 of the Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14, is amended by adding the following heading before section 56:

CLAUSE 29: [Municipalities Enabling and Validating Act (No. 4), sections 56 and 59] is consequential to the addition by this Bill of Division 2 to Part 6 of the Act.

29 Sections 56 and 59 are amended by striking out "this Part" wherever it appears and substituting "this Division".

CLAUSE 30: [Municipalities Enabling and Validating Act (No. 4), Division 2 of Part 6]

adds definitions;
conclusively deems meetings that were conducted by electronic or other communication facilities during the validation period to have been validly conducted;
conclusively deems resolutions and decisions made and actions taken at the meetings to have been validly made or taken;
conclusively deems things done in accordance with the resolutions or decisions to have been validly done.

Definitions

"council" means a council as defined in section 1 of the Schedule to the Community Charter;

(a) a commission established by a council under section 143 of the Community Charter;

(e) a body that under the Community Charter or another Act may exercise the powers of a municipality or council;

(f) a local community commission under section 243 of the Local Government Act;

(g) a commission established under section 263 (1) (g) of the Local Government Act;

(h) an intergovernmental advisory committee established under section 450 of the Local Government Act;

(i) an advisory planning commission established under section 461 of the Local Government Act;

(j) a public auditorium or museum board or commission under section 204A of the Vancouver Charter;

(p) an advisory committee, or other advisory body, established by Vancouver council under the Vancouver Charter or another Act;

"validation period" means the period beginning on September 29, 2021 and ending on the day before the date this section comes into force;

"Vancouver council" means the Council as defined in section 2 of the Vancouver Charter.

Validation of local government body meetings

61 (1) A meeting of a local government body that was conducted during the validation period by means of electronic or other communication facilities and that would otherwise have been validly conducted is conclusively deemed to have been validly conducted as if, at the time of the meeting, the conduct of the meeting by electronic or other communication facilities had been authorized under an enactment applicable to the local government body.

(2) All resolutions and decisions made and other actions taken by a local government body at a meeting referred to in subsection (1) and that would have been validly made or taken had this section been in force when they were made or taken are conclusively deemed to have been validly made or taken.

(3) All things done by a local government body in accordance with a resolution or decision referred to in subsection (2) and that would have been validly done had this section been in force when they were done are conclusively deemed to have been validly done.

(4) This section is retroactive to the extent necessary to give it full force and effect and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

CLAUSE 31: [The Cultus Lake Park Act, section 20.01] applies Division 6.1 of Part 4 of the Community Charter, as added to that Act by this Bill, to members of the Cultus Lake Park Board.

31 The Cultus Lake Park Act, S.B.C. 1932, c. 63, is amended by adding the following section:

Mandatory leave of absence

20.01 (1) Division 6.1 [Mandatory Leave of Absence] of Part 4 of the Community Charter, as it applies to a council member, applies to members of the board.

(a) a reference to "council" or "local government" must be read as a reference to the board as defined in this Act, and

(b) a reference to "member" or "council member" must be read as a reference to "board member".

CLAUSE 32: [Vancouver Charter, section 5]

replaces "his" with gender-neutral language;
makes housekeeping amendments.

32 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by repealing section 5 and substituting the following:

Procedure if no deputy

5 If an employee is absent, dies or otherwise ceases to hold office and a deputy has not been appointed under section 4 for the employee, the Mayor may, in writing, appoint a person to act in the employee's office until the Council determines otherwise.

CLAUSE 33: [Vancouver Charter, section 10] requires an election to fill a vacancy in the Council if an office becomes vacant under section 39.1 of the Act, as added by this Bill.

(a.1) the office becomes vacant under section 39.1 [disqualification – indictable offence]; .

CLAUSE 34: [Vancouver Charter, section 38] is consequential to the addition by this Bill of section 39.1 to the Act.

CLAUSE 35: [Vancouver Charter, section 39] replaces "his or her" with gender-neutral language.

35 Section 39 (4) is amended by striking out "must give notice in writing to his or her employer" and substituting "must give to the employee's employer written notice".

CLAUSE 36: [Vancouver Charter, section 39.1] provides that, on conviction for an indictable offence, a person is disqualified from being nominated for, being elected to or holding office on the Council or Park Board.

Disqualification – indictable offence

39.1 (1) A person who is convicted of an indictable offence is disqualified from being nominated for, being elected to or holding office on the Council or Park Board from the date of the conviction until the date on which the person is sentenced.

(2) If a person elected or appointed to Council or the Park Board is convicted of an indictable offence, the person's office becomes vacant on the date of the conviction.

CLAUSE 37: [Vancouver Charter, section 44]

replaces "he or she" with gender-neutral language;
makes housekeeping amendments.

(4) Persons must not consent to be nominated knowing that they are not qualified to be nominated.

CLAUSE 38: [Vancouver Charter, section 125] replaces "his or her" with gender-neutral language.

38 Section 125 (6) (e) is amended by striking out "in the exercise or performance of his or her powers, duties or functions" and substituting "in the exercise or performance of a power, duty or function".

CLAUSE 39: [Vancouver Charter, section 137] authorizes the minister to make an order or appoint acting members if the number of Council members not on leave of absence is reduced to less than a quorum.

(a) in subsection (1) by striking out "by a temporary order under section 10 (6) (a)" and substituting "by a temporary order under subsection (5) or section 10 (6) (a)", and

(5) If, as a result of section 145.98, the number of Council members who may exercise their powers and carry out their duties is reduced to less than a quorum, the minister may

(a) order that the reduced number of members constitutes a quorum until the quorum requirement applicable under subsection (1) or (2) can be met, or

(b) appoint qualified persons to act on behalf of the members who are on a leave of absence under section 145.98.

CLAUSE 40: [Vancouver Charter, section 142.2] replaces "he or she" with gender-neutral language.

(1) Persons who are subject to applications under section 142.1 and who consider themselves qualified to hold office may continue to act in office pending the determination of the court respecting the applications.

CLAUSE 41: [Vancouver Charter, section 143] provides that a Council member who is absent from Council meetings is not disqualified from holding office if the absence is because the member is on a leave of absence under section 145.98 of the Act, as added by this Bill.

CLAUSE 42: [Vancouver Charter, sections 145.96 to 145.98]

adds a definition;
requires a Council member who is charged with a specified offence under the Criminal Code or the Controlled Drugs and Substances Act (Canada) to provide written notice of the charge to the Council;
provides that a Council member charged with a specified offence is on a leave of absence from the member's duties on Council.

Definition

145.96 In sections 145.97 and 145.98, "charge" does not include a charge in an information described in section 507.1 (1) of the Criminal Code that must be referred in accordance with that section.

Disclosure of charge

145.97 (1) This section applies to a Council member who is charged with any of the following:

(b) an indictable offence under the Controlled Drugs and Substances Act (Canada).

(2) The Council member must, as soon as practicable, give written notice to the Council indicating

Mandatory leave of absence

145.98 (1) A Council member who is charged with an offence referred to in section 145.97 is on a leave of absence from the member's duties on Council for a period that

(i) if the member is acquitted of the offence, on the day after the date of the acquittal,

(iii) if the member is discharged of the offence, on the day after the date of the discharge,

(iv) if all proceedings in relation to the charge are stayed, on the day after the date of the stay, or

(a) continues to hold office but must not exercise a power or carry out a duty as a Council member, and

(b) is entitled to remuneration and benefits to which the member would be entitled as a Council member if the member were not on the leave of absence.

(4) A power exercised or a duty carried out by a Council member who is on a leave of absence under this section is not invalid by reason only that it was exercised or carried out in contravention of subsection (2) (a).

CLAUSE 43: [Vancouver Charter, section 154] makes a housekeeping amendment.

43 Section 154 is amended by striking out "the Lieutenant-Governor in Council may" and substituting "the Lieutenant Governor in Council may".

CLAUSE 44: [Vancouver Charter, section 156] replaces "chairman" with gender-neutral language.

CLAUSE 45: [Vancouver Charter, section 164.1] provides that meetings of committees of Council may be conducted by means of electronic or other communication facilities if permitted under the regulations.

45 Section 164.1 (3) is amended by striking out "a Council meeting may be conducted" and substituting "a Council or committee meeting may be conducted".

CLAUSE 46: [Vancouver Charter, section 165.2] is consequential to the repeal by this Bill of the Auditor General for Local Government Act.

CLAUSE 47: [Vancouver Charter, sections 165.9 and 165.91]

provides that meetings of specified bodies may be conducted by means of electronic or other communication facilities if permitted under the rules governing the procedures of the relevant body;
provides some procedural requirements for electronic meetings of the bodies;
provides that members who are unable to attend in person at a meeting of a body may participate in the meeting electronically if permitted under the rules governing the procedures of the body;
provides that members participating electronically in a meeting are deemed to be present at the meeting.

Electronic meetings of city bodies

165.9 (1) If permitted under the rules governing the procedures of the body and the requirements of subsection (2) are met, a meeting of a body referred to in section 165.7 (a), (b), (e), (f), (g), (h), (i) or (j) may be conducted by means of electronic or other communication facilities.

(2) The following requirements apply in relation to a meeting referred to in subsection (1):

(a) the facilities must enable the meeting's participants to hear, or watch and hear, the meeting;

(b) 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 body who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

Electronic participation of members in meetings of city bodies

165.91 (1) If permitted under the rules governing the procedures of the body and the requirements of subsection (2) are met, a member of a body referred to in section 165.7 (a), (b), (e), (f), (g), (h), (i) or (j) who is unable to attend in person at a meeting of that body may participate in the meeting by means of electronic or other communication facilities.

(2) The following requirements apply in relation to a meeting referred to in subsection (1):

(a) the facilities must enable the meeting's participants to hear, or watch and hear, the participation of the member;

(b) 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 a body who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

CLAUSE 48: [Vancouver Charter, section 180]

replaces "him" and "his" with gender-neutral language;
makes housekeeping amendments.

(2) If any of the circumstances set out in subsection (2.1) apply, the council may, by a vote of not less than two-thirds of its members, provide for the payment of an amount required for the protection, defence or indemnification, together with costs necessarily incurred and damages recovered, of any of the following:

(a) an action or prosecution is brought against the person in connection with the performance of the person's duties;

(b) an inquiry under the Public Inquiry Act or another proceeding involves the administration of a department of the city or the conduct of a part of the civic business.

(2.2) The council must not pay a fine imposed on an officer or employee for conviction of a criminal offence. , and

CLAUSE 49: [Vancouver Charter, section 205] removes the reference to "Freeman of the City of Vancouver".

49 Section 205 is amended by striking out everything after "any person considered to merit such distinction".

CLAUSE 50: [Vancouver Charter, section 206A]

replaces "him" and "his" with gender-neutral language;
makes housekeeping amendments.

(a) in subsection (2) (h) by striking out "lodged with the City Clerk, and the sufficiency of the petition shall be determined by him" and substituting "provided to the City Clerk, who shall determine whether the petition is sufficient", and

(b) in subsection (3) by striking out "on a day proclaimed by the Lieutenant-Governor in Council in his Proclamation" and substituting "by proclamation of the Lieutenant Governor in Council".

CLAUSE 51: [Vancouver Charter, section 208]

replaces "his" with gender-neutral language;
makes housekeeping amendments.

51 Section 208 (d) is amended by striking out "suspend from his employment, if he thinks necessary, any such employee" and substituting "suspend an employee from the performance of the employee's duties if the Mayor considers it necessary".

CLAUSE 52: [Vancouver Charter, section 209]

replaces "his" with gender-neutral language;
makes housekeeping amendments.

Acting Mayor

209. (1) If the Mayor is absent from the city or otherwise unable to perform the duties of Mayor, the Mayor provides notice that the Mayor will be absent from the city or otherwise unable to perform the duties of Mayor or the Mayor's seat is vacated, the Council may appoint a Councillor to be Acting Mayor.

(2) An Acting Mayor has all the powers and duties of the Mayor other than taking the place of the Mayor as Chair of the Board of Administration unless the Councillor member of the Board is absent from the city or otherwise unable to act as Chair of the Board.

CLAUSE 53: [Vancouver Charter, sections 222, 223 and 225] replaces "He" with gender-neutral language.

53 Sections 222, 223 and 225 are amended by striking out "He" and substituting "The City Clerk".

CLAUSE 54: [Vancouver Charter, section 227] replaces "He" with gender-neutral language.

54 Section 227 is amended by striking out "He" and substituting "The City Treasurer".

CLAUSE 55: [Vancouver Charter, section 228]

replaces "He" and "him" with gender-neutral language;
makes housekeeping amendments.

Duty to keep complete accounts

228. The City Treasurer must keep a complete and accurate account of money that the City Treasurer receives or disburses.

CLAUSE 56: [Vancouver Charter, section 229]

replaces "He" with gender-neutral language;
replaces "shall" with "must".

56 Section 229 is amended by striking out "He shall" and substituting "The City Treasurer must".

CLAUSE 57: [Vancouver Charter, section 272]

expands the authority of the Council to make bylaws prohibiting discrimination by a licensee in the sale of goods or provision of services or accommodation;
replaces "boys or girls" with gender-neutral language.

(q) for providing that a licensee under this Part must not refuse to sell goods or provide a service or accommodation to a person because of the person's race, creed, colour, religion, sex, sexual orientation, gender identity, gender expression, marital status, physical or mental disability, nationality, ancestry, place of origin or political beliefs; , and

(b) in paragraph (r) by striking out "boys or girls" and substituting "persons".

CLAUSE 58: [Vancouver Charter, section 277] replaces "he" with gender-neutral language.

(a) by striking out "for such period as he may determine" and substituting "for the period specified by the Inspector", and

(b) in paragraph (b) by striking out "for which he is licensed" and substituting "for which the holder is licensed".

CLAUSE 59: [Vancouver Charter, section 279B] removes gendered language.

CLAUSE 60: [Vancouver Charter, section 306]

replaces "workmen" with gender-neutral language;
replaces "watchman" with gender-neutral language;
adds authority for the Council to make bylaws requiring reports about greenhouse gas emissions or the use of energy or water.

(b) in paragraph (t) by striking out "watchman" and substituting "security guard", and

Reporting requirements

(ee) for establishing requirements to report information respecting greenhouse gas emissions or the use of energy or water.

CLAUSE 61: [Vancouver Charter, section 318] replaces "his" with gender-neutral language.

61 Section 318 (1) (b) is amended by striking out "designate by traffic signs and markings such portions of streets as in his discretion should be designated as school crossings" and substituting "designate, by traffic signs and markings, portions of streets that the City Engineer or other person considers should be designated as school crossings".

CLAUSE 62: [Vancouver Charter, sections 323 and 336] replaces "workmen" with gender-neutral language.

62 Sections 323 (m), (r) and (u) and 336 are amended by striking out "workmen" and substituting "workers".

CLAUSE 63: [Vancouver Charter, section 376.1] is consequential to amendments made by this Bill to the Act.

(a) in subsection (3) by striking out "the date and place for the hearing" and substituting "the date and, if applicable, place for the hearing", and

(4) At least 2 weeks before the date fixed for the Court of Revision, the Collector of Taxes must mail to each owner named in the residential flat rate tax roll a notice containing

(c) 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.

CLAUSE 64: [Vancouver Charter, section 413] replaces "his" with gender-neutral language.

64 Section 413 is amended by striking out "the taxes shall be payable in respect of his right or interest by the occupier whose name appears on the roll as such" and substituting "the taxes in respect of the occupier's right or interest shall be payable by the person named on the roll as the occupier".

CLAUSE 65: [Vancouver Charter, section 434] replaces "his" with gender-neutral language.

(a) by striking out "his certificate" and substituting "the purchaser's certificate", and

CLAUSE 66: [Vancouver Charter, section 452] replaces "his" with gender-neutral language.

CLAUSE 67: [Vancouver Charter, section 486A] applies sections 145.97 and 145.98 of the Act, as added by this Bill, to the members of the Park Board.

(e) sections 145.97 [disclosure of charge] and 145.98 [mandatory leave of absence].

CLAUSE 68: [Vancouver Charter, section 486C] authorizes the minister to make an order or appoint acting members to the Park Board if the number of Park Board members not on leave of absence is reduced to fewer than the number required for the Park Board to exercise its powers.

Power of minister to make order or appoint acting members

486C. If, as a result of section 145.98, the number of members of the Board who may exercise their powers is reduced to fewer than the number that is required for the Board to exercise its powers, the minister may

(a) order that the reduced number of members constitutes the required number of members for the Board to exercise its powers until the previous requirement can be met, or

(b) appoint qualified persons to act on behalf of the members who are on a leave of absence under section 145.98.

CLAUSE 69: [Vancouver Charter, section 496] replaces "patrolman" and "watchman" with gender-neutral language.

Certain employees to have special powers

496. A person employed by the Board as a warden, lifeguard or security guard in parks has, while performing a duty in a park, all the powers and authority of a police constable.

CLAUSE 70: [Vancouver Charter, section 497A] replaces "patrolman" and "watchman" with gender-neutral language.

70 Section 497A is amended by striking out "every warden, lifeguard, patrolman, or watchman employed by the Park Board" and substituting "every warden, lifeguard or security guard employed by the Park Board".

CLAUSE 71: [Vancouver Charter, section 510] is consequential to amendments made by this Bill to the Act.

(a) in paragraph (g) by striking out "the time and place" and substituting "the time and, if applicable, place", and

(h) 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.

CLAUSE 72: [Vancouver Charter, section 573] is consequential to amendments made by this Bill to the Act.

CLAUSE 73: [Vancouver Charter, various sections] replaces "he" with gender-neutral language.

73 The provisions of the Vancouver Charter listed in column 1 of Schedule 1 to this Act are amended by striking out "he" wherever it appears and substituting the text shown in column 2.

CLAUSE 74: [Vancouver Charter, various sections] replaces "he or she" with gender-neutral language.

74 The provisions of the Vancouver Charter listed in column 1 of Schedule 2 to this Act are amended by striking out "he or she" wherever it appears and substituting the text shown in column 2.

CLAUSE 75: [Vancouver Charter, various sections] replaces "him" with gender-neutral language.

75 The provisions of the Vancouver Charter listed in column 1 of Schedule 3 to this Act are amended by striking out "him" wherever it appears and substituting the text shown in column 2.

CLAUSE 76: [Vancouver Charter, various sections] replaces "his" with gender-neutral language.

76 The provisions of the Vancouver Charter listed in column 1 of Schedule 4 to this Act are amended by striking out "his" wherever it appears and substituting the text shown in column 2.

CLAUSE 77: [Vancouver Charter, various sections] replaces "his or her" with gender-neutral language.

77 The provisions of the Vancouver Charter listed in column 1 of Schedule 5 to this Act are amended by striking out "his or her" and substituting the text shown in column 2.

Transitional Provisions

CLAUSE 78: [Definition for transitional provisions] adds a definition for the purposes of the transitional provisions respecting the amendments made by this Bill.

Definition for transitional provisions

78 In sections 79, 80, 82, 83 and 85, "charge" does not include a charge in an information described in section 507.1 (1) of the Criminal Code that must be referred in accordance with that section.

CLAUSE 79: [Community Charter transition – mandatory leave of absence] adds a transitional provision respecting the application of sections 109.2 and 109.3 of the Community Charter, as added by this Bill.

Community Charter transition – mandatory leave of absence

79 Sections 109.2 and 109.3 of the Community Charter, as added by this Act, do not apply in relation to a charge in an information laid before the date this section comes into force.

CLAUSE 80: [Islands Trust Act transition – mandatory leave of absence] adds a transitional provision respecting the application of section 6 (7) (a.1) of the Islands Trust Act, as added by this Bill.

Islands Trust Act transition – mandatory leave of absence

80 Section 6 (7) (a.1) of the Islands Trust Act, as added by this Act, does not apply in relation to a charge in an information laid before the date this section comes into force.

CLAUSE 81: [Local Government Act transition – disqualification for indictable offence] adds a transitional provision respecting the application of section 82.1 of the Local Government Act, as added by this Bill.

Local Government Act transition – disqualification for indictable offence

81 Section 82.1 of the Local Government Act, as added by this Act, does not apply in relation to a conviction entered before the date this section comes into force.

CLAUSE 82: [Local Government Act transition – mandatory leave of absence] adds a transitional provision respecting the application of section 205 (1) (a.1) of the Local Government Act, as added by this Bill.

Local Government Act transition – mandatory leave of absence

82 Section 205 (1) (a.1) of the Local Government Act, as added by this Act, does not apply in relation to a charge in an information laid before the date this section comes into force.

CLAUSE 83: [The Cultus Lake Park Act transition – mandatory leave of absence] adds a transitional provision respecting the application of section 20.01 of The Cultus Lake Park Act, as added by this Bill.

The Cultus Lake Park Act transition – mandatory leave of absence

83 Section 20.01 of The Cultus Lake Park Act, as added by this Act, does not apply in relation to a charge in an information laid before the date this section comes into force.

CLAUSE 84: [Vancouver Charter transition – disqualification for indictable offence] adds a transitional provision respecting the application of section 39.1 of the Vancouver Charter, as added by this Bill.

Vancouver Charter transition – disqualification for indictable offence

84 Section 39.1 of the Vancouver Charter, as added by this Act, does not apply in relation to a conviction entered before the date this section comes into force.

CLAUSE 85: [Vancouver Charter transition – mandatory leave of absence] adds a transitional provision respecting the application of sections 145.97 and 145.98 of the Vancouver Charter, as added by this Bill.

Vancouver Charter transition – mandatory leave of absence

85 Sections 145.97 and 145.98 of the Vancouver Charter, as added by this Act, do not apply in relation to a charge in an information laid before the date this section comes into force.

Consequential Amendments

CLAUSE 86: [Freedom of Information and Protection of Privacy Act, section 3] is consequential to the repeal by this Bill of the Auditor General for Local Government Act.

86 Section 3 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(4) This Act, other than sections 30, 30.3, 30.5 (2), 33 and 65.3 to 65.6, does not apply to an officer of the Legislature, including all employees of the officer of the Legislature and, in the case of an employee that is a service provider, all employees and associates of the service provider.

CLAUSE 87: [Freedom of Information and Protection of Privacy Act, Schedule 2] is consequential to the repeal by this Bill of the Auditor General for Local Government Act.

CLAUSE 88: [Public Service Labour Relations Act, section 1] is consequential to the repeal by this Bill of the Auditor General for Local Government Act.

88 Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in the definition of "employee" by repealing paragraph (hh).

Commencement

Explanatory Notes