HONOURABLE ANNE KANG
MINISTER OF MUNICIPAL AFFAIRS

BILL 11 – 2024

VANCOUVER CHARTER AMENDMENT ACT, 2024

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

Explanatory Note Icon

CLAUSE 1: [Vancouver Charter, section 523D] establishes for First Nations and First Nations corporations an exemption from the obligation to pay the City of Vancouver's development cost levy in respect of social housing projects built on lands owned by First Nations or First Nations corporations.

1 Section 523D of the Vancouver Charter, S.B.C. 1953, c. 55, is amended

(a) by repealing subsection (10) (d) and substituting the following:

(d) where a parcel of land satisfies both of the following conditions:

(i) the parcel is used for social housing, or it will be used for social housing after construction, alteration or extension occurs on the parcel;

(ii) the parcel is owned by

(A) the government,

(B) the government of Canada,

(C) the City of Vancouver,

(D) one or more First Nations,

(E) one or more First Nations corporations, or

(F) a non-profit organization. , and

(b) by adding the following subsections:

(10.21) For the purposes of subsection (10) (d) (i), the Council may define what constitutes social housing.

(10.22) In subsection (10) (d) (ii), "First Nation", "First Nations corporation" and "non‑profit organization" have the meaning given to them in section 523E.

Explanatory Note Icon

CLAUSE 2: [Vancouver Charter, section 523E] adds the definitions of "First Nation", "First Nations corporation" and "non-profit organization".

2 Section 523E is amended by adding the following definitions:

"First Nation" means the following:

(a) a band, as defined in section 2 (1) of the Indian Act (Canada), for which one or more reserves situated within the geographical boundaries of the Province have been set aside;

(b) the Nisga'a Nation;

(c) a Nisga'a Village;

(d) the shíshálh Nation continued under the shíshálh Nation Self‑Government Act (Canada);

(e) the shíshálh Nation Government District continued under the shíshálh Nation Self‑Government Act (Canada);

(f) a treaty first nation;

(g) the Westbank First Nation as defined in the agreement approved under the Westbank First Nation Self‑Government Act (Canada);

"First Nations corporation" has the meaning prescribed by the Lieutenant Governor in Council;

"non-profit organization" means an organization constituted exclusively for charitable or benevolent purposes with no part of its income being payable to or otherwise available for the personal benefit of any of its members or shareholders; .

Explanatory Note Icon

CLAUSE 3: [Vancouver Charter, section 523I] establishes for First Nations and First Nations corporations an exemption from the obligation to pay the City of Vancouver's amenity cost charge in respect of social housing projects built on lands owned by First Nations or First Nations corporations.

3 Section 523I is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) a parcel of land satisfies both of the following conditions:

(i) the parcel is used for social housing, or it will be used for social housing after construction, alteration or extension occurs on the parcel;

(ii) the parcel is owned by

(A) the government,

(B) the government of Canada,

(C) the City of Vancouver,

(D) one or more First Nations,

(E) one or more First Nations corporations, or

(F) a non-profit organization. , and

(b) by adding the following subsection:

(1.1) For the purposes of subsection (1) (b) (i), the Council may define what constitutes social housing.

Commencement

4 This Act comes into force on the date of Royal Assent.


Explanatory Notes

CLAUSE 1: [Vancouver Charter, section 523D] establishes for First Nations and First Nations corporations an exemption from the obligation to pay the City of Vancouver's development cost levy in respect of social housing projects built on lands owned by First Nations or First Nations corporations.

CLAUSE 2: [Vancouver Charter, section 523E] adds the definitions of "First Nation", "First Nations corporation" and "non-profit organization".

CLAUSE 3: [Vancouver Charter, section 523I] establishes for First Nations and First Nations corporations an exemption from the obligation to pay the City of Vancouver's amenity cost charge in respect of social housing projects built on lands owned by First Nations or First Nations corporations.