Bill 26 – 2025: Vancouver Charter Amendment Act, 2025

HONOURABLE CHRISTINE BOYLE
MINISTER OF HOUSING
AND MUNICIPAL AFFAIRS

BILL 26 – 2025

VANCOUVER CHARTER
AMENDMENT ACT, 2025

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

CLAUSE 1: [Vancouver Charter, section 2] is consequential to amendments made by this Bill to the Act.

(a) in the definition of "other administrative body" by striking out ", and includes the Board of Parks and Recreation",

(a) a permanent public park designated under section 487 [permanent public parks];

(b) a non-permanent public park designated under section 488 [non-permanent public parks]; .

CLAUSE 2: [Vancouver Charter, section 12] is consequential to amendments made by this Bill to the Act.

2 Section 12 (1) is amended by striking out "491 (c)" and substituting "491 (1) (i)".

CLAUSE 3: [Vancouver Charter, section 38] is consequential to amendments made by this Bill to the Act.

CLAUSE 4: [Vancouver Charter, section 39.1] is consequential to amendments made by this Bill to the Act.

CLAUSE 5: [Vancouver Charter, section 135] is consequential to amendments made by this Bill to the Act.

CLAUSE 6: [Vancouver Charter, section 140] is consequential to amendments made by this Bill to the Act.

CLAUSE 7: [Vancouver Charter, section 143] is consequential to amendments made by this Bill to the Act.

CLAUSE 8: [Vancouver Charter, section 145.911] is consequential to amendments made by this Bill to the Act.

CLAUSE 9: [Vancouver Charter, section 145.98] is consequential to amendments made by this Bill to the Act.

CLAUSE 10: [Vancouver Charter, section 165.7] is consequential to amendments made by this Bill to the Act.

CLAUSE 11: [Vancouver Charter, section 179] is consequential to amendments made by this Bill to the Act.

Acquisition of public parks, etc.

179. The Council may acquire for the city real property within or without the city as it thinks necessary for public parks, playgrounds, pleasure-grounds or recreational areas.

CLAUSE 12: [Vancouver Charter, section 185] provides for the Council's maintenance of property held in trust for the benefit of the city.

(1) The Council may from time to time make the necessary expenditures for the maintenance, conservation, repair and improvement of any property of the city, including property held in trust for the benefit of the city. , and

(b) in subsection (2) by striking out "any land owned or leased to the city" and substituting "any land owned by, leased to or held in trust for the benefit of the city".

CLAUSE 13: [Vancouver Charter, section 204] is consequential to amendments made by this Bill to the Act.

CLAUSE 14: [Vancouver Charter, section 289] is consequential to amendments made by this Bill to the Act.

(a) in subsection (1) by striking out "park" wherever it appears and substituting "public park", and

CLAUSE 15: [Vancouver Charter, section 292] is consequential to amendments made by this Bill to the Act.

15 Section 292 (1) (g) (i) is amended by striking out "park" and substituting "public park".

CLAUSE 16: [Vancouver Charter, section 294] is consequential to amendments made by this Bill to the Act.

16 Section 294 (4) (b) is amended by adding "before its dissolution" after "Board of Parks and Recreation".

CLAUSE 17: [Vancouver Charter, section 317] is consequential to amendments made by this Bill to the Act.

CLAUSE 18: [Vancouver Charter, section 318] is consequential to amendments made by this Bill to the Act.

CLAUSE 19: [Vancouver Charter, section 334] is consequential to amendments made by this Bill to the Act.

(1) A by-law of the Council may be enforced, and the contravention of the by-law may be restrained, by the Supreme Court in a proceeding brought by the city.

CLAUSE 20: [Vancouver Charter, section 482.1] is consequential to amendments made by this Bill to the Act.

CLAUSE 21: [Vancouver Charter, section 482.6] is consequential to amendments made by this Bill to the Act.

CLAUSE 22: [Vancouver Charter, section 484C] provides the Council with the authority to pass a by-law to dissolve the Park Board if assent of the electors is obtained.

Dissolution by-law

484C. (1) The Council may submit to the electors a question about the dissolution of the Park Board.

(b) a statement that, if the question receives the assent of the electors, the Council has the power, without the further assent of the electors, to pass a by-law to dissolve the Board.

(3) If the assent of the electors is obtained on the dissolution of the Board, the Council has the power, without the further assent of the electors, to pass a by-law to dissolve the Board.

(4) If the Council passes a by-law under this section to dissolve the Board, the members of the Board cease to hold office.

CLAUSE 23: [Vancouver Charter, section 484C] repeals section 484C of the Vancouver Charter.

CLAUSE 24: [Vancouver Charter, Part XXIII] sets out the framework for the administration of public parks.

Definition

Application

486. (1) This Part does not limit any other power the Council may exercise, or any other duty the Council must perform, under this Act in relation to public parks.

(2) If there is a conflict between a provision of this Part and a provision of another Part of this Act, the provision of this Part prevails.

Permanent public parks

(b) statutory appropriation of specific real property for permanent public park purposes,

(e) covenant in a document transferring real property to the city indicating that the transferred lands are to be used for park purposes together with acceptance of same by the city, or

(f) purchases made with funds borrowed with the assent of the electors under Part V [By-laws for Contracting Debts] for the acquisition of permanent public parks.

(a) if real property was designated as a permanent public park under subsection (1) (a) or (f),

(i) by a resolution of the Council adopted by a unanimous vote of all its members, and

(b) if real property was designated as a permanent public park under subsection (1) (c) or (d), in accordance with the provisions of any agreement creating the designation under subsection (1) (c) or (d).

(3) If after the revocation of a designation of a permanent public park the land in the park is to be disposed of to a First Nation, the requirement in subsection (2) (a) (ii) does not apply.

Non-permanent public parks

488. (1) Real property is designated as a non-permanent public park by resolution or by-law of Council.

(2) A designation under subsection (1) may be revoked by a resolution or by-law of the Council adopted by at least 2/3 of all its members.

Council powers in relation to public parks

(a) the construction, acquisition, maintenance, operation and supervision of buildings, structures, facilities and places for recreational purposes;

(b) the accommodation of sports and games and the setting aside and reserving of portions of buildings, structures, facilities and places in a public park for sports and games;

(c) the accommodation or provision of entertainment through musical, theatrical and other activities in a public park and the setting aside and reserving of portions of buildings, structures, facilities and places in a public park for entertainment;

(d) the acquisition of furniture and equipment for the buildings, structures, facilities and places in a public park and for activities carried on in a public park;

(e) the construction, maintenance and operation of indoor and outdoor swimming baths and pools in a public park;

(f) the accommodation, supervision and safety of persons using areas in a public park that are designated in a by-law under section 491 (1) (e) or (g) for public bathing, swimming, water sports, skating, skiing or sleighing;

(g) the acquisition of bicycles and similar vehicles for the use of the public, and the maintenance of buildings, structures, facilities and places in a public park where persons may rent bicycles and similar vehicles;

(h) the construction, maintenance, operation and accommodation of landings and other places in a public park where persons may rent boats and other watercraft, and the acquisition and operation of boats and other watercraft;

(i) the establishment, maintenance and operation of stands and places in a public park for the selling of things or the provision of services and performances;

(j) the construction, maintenance and operation in a public park of buildings, structures, facilities and places for the confinement, exhibition and accommodation of animals that may be of interest to the public;

(k) the organization and conduct of recreational programs, either in public parks or in other locations determined by the Council.

Council's power of leasing, etc.

490. (1) The Council may, by lease, licence or any other agreement, permit any person to occupy a building, structure, facility or place, or any part of a building, structure, facility or place, in a public park.

(2) An agreement under subsection (1) must contain a provision providing for the termination of the agreement if the public park that is the subject of the agreement ceases to be a public park.

By-laws in relation to public parks

491. (1) The Council may make by-laws in relation to the regulation of public parks including, without limitation, in relation to the following:

(a) the closing to the free use of the public of all or any part of a public park, or all or any part of a building, structure, facility or place in a public park, for specified periods of time;

(b) the imposition of penalties for unauthorized entry during a closure referred to in paragraph (a);

(d) the assembly or gathering of persons in a public park, including the prohibition of such assemblies or gatherings;

(e) the designation of areas in a public park where persons may or may not bathe, swim or engage in water sports in public;

(f) the regulation of the dress of persons while bathing, swimming or engaging in water sports and while going to and returning from areas where such activities take place in a public park;

(g) the designation of buildings, structures, facilities or places in a public park where persons may or may not skate, ski or sleigh;

(h) the prohibition of or granting permission for the selling of things or the provision of services or performances in a public park;

(j) the prohibition of causing damage to trees, shrubs, flowers or other growing things, or fences or other property, in a public park;

(k) the prohibition of depositing rubbish, bottles, paper or other discarded materials in a public park.

(2) In granting permission under a by-law made under subsection (1) (h) to sell a thing or to provide a service or performance in a public park, the Council may impose terms and conditions.

(3) The Council may, for the purposes of subsection (1) (i), make by-laws that do one or more of the following:

(a) make different provisions for different areas, times, conditions or circumstances as described by by-law;

(b) establish different classes of persons, places, activities, property or things;

Relaxation of advertising by-laws

492. (1) The Council may, by by-law, provide for the relaxation of a by-law under section 491 (1) (i) in one or more of the following circumstances:

(ii) on property in an area identified as a historic area in an official development plan or a zoning by-law;

(d) the advertising is in relation to a special event, as designated by the Council by by-law or resolution.

(2) A by-law under subsection (1) may authorize such relaxations to be made by the Council, any official of the city or a board composed of such officials.

(3) A relaxation under this section may be limited in time and may be made subject to conditions.

(4) A person whose request for a relaxation is dealt with by an official of the city or a board composed of such officials is entitled to have the Council reconsider the matter.

Power to make agreements with other municipalities

493. The Council may, in relation to parks, whether they are located in the city or not,

(a) enter into agreements with neighbouring municipalities for the joint acquisition, regulation, maintenance, improvement and management of a park, and

(b) grant or expend money for the maintenance, improvement or management of a park.

Transitional Provisions

CLAUSE 25: [Transition – definitions] provides definitions relevant to transitional provisions.

Transition – definitions

"board" means the Park Board established under section 485 [Park Board established] of the Vancouver Charter, as that section read immediately before its repeal by this Act;

CLAUSE 26: [Transition – public parks] deems permanent public parks and temporary parks to be permanent public parks or non-permanent public parks, as applicable, under Part XXIII as added by this Bill to the Vancouver Charter.

Transition – public parks

"former permanent park" means an area designated as a permanent public park under section 488 [parks in care of Board] of the Vancouver Charter, as that section read immediately before its repeal by this Act;

"former temporary park" means an area designated as a temporary public park under section 488 of the Vancouver Charter, as that section read immediately before its repeal by this Act.

(2) On the date this section comes into force, a former permanent park is deemed to be a permanent public park designated under section 487 [permanent public parks] of the Vancouver Charter.

(3) On the date this section comes into force, a former temporary park is deemed to be a non-permanent public park designated under section 488 [non-permanent public parks] of the Vancouver Charter.

(4) If, on the date before this section comes into force, the board had custody, care and management of any areas under section 488 (3) of the Vancouver Charter, as that section read immediately before its repeal by this Act, those areas are deemed to be non-permanent public parks designated under section 488 of the Vancouver Charter.

CLAUSE 27: [Transition – by-laws] continues specified Park Board by-laws until they are amended or repealed by the Council.

Transition – by-laws

27 (1) In this section, "park board by-laws" means the following by-laws of the board, as they read on the date immediately before this section comes into force:

(2) The park board by-laws are continued in force as by-laws and resolutions of the Council until those by-laws or resolutions are amended or repealed by the Council.

(3) The Lieutenant Governor in Council may make regulations prescribing by-laws for the purposes of subsection (1) (e).

CLAUSE 28: [Transition – estimates] continues the most recent estimates adopted by the Park Board for the remainder of the calendar year in which the Park Board is dissolved.

Transition – estimates

"authorized expenditures" means any expenditures authorized under section 493 (2) [adopted estimates not to be exceeded] of the Vancouver Charter, as that section read immediately before its repeal by this Act;

"specified estimates" means the estimates adopted by the board under section 492 [Board's estimates to be submitted each year] of the Vancouver Charter, as that section read immediately before its repeal by this Act, in the calendar year in which the board is dissolved.

(2) On the date this section comes into force, subject to subsection (3), the specified estimates continue to apply for the remainder of the calendar year.

(3) Expenditures in the specified estimates allocated for the operation of the board may be allocated to other expenditures.

(4) Despite section 200 [expenditures to be kept within estimates] of the Vancouver Charter, any authorized expenditures continue to be authorized.

CLAUSE 29: [Transition – assets, liabilities and agreements] transfers assets and liabilities from the Park Board to the Council.

Transition – assets, liabilities and agreements

(a) the assets of the board immediately before its dissolution are transferred to and vested in the Council,

(b) the liabilities of the board immediately before its dissolution are transferred to and assumed by the Council, and

(c) a reference to the board in any commercial paper, contract, lease, licence, permit or other instrument, agreement or document related to an asset or liability is deemed to be a reference to the Council.

CLAUSE 30: [Transition – effect of transfer] specifies how the transfer of assets and liabilities from the Park Board to the Council takes effect and describes the legal effect of such a transfer.

Transition – effect of transfer

30 (1) Despite any other enactment, the transfer and vesting of an asset under section 29 (2) (a) takes effect

(b) without any registration or filing of this Act or any other record in or with any registry or other office,

(d) despite any condition, including any consent or approval, that is or may be required for all or any part of the transfer.

(2) Despite any provision to the contrary in a record, the transfer of an asset or liability under section 29 (2) does not constitute a breach or contravention of, or an event of default under, the record and, without limiting this, does not entitle any person who has an interest in the asset or liability to claim any damages, compensation or other remedy.

CLAUSE 31: [Transition – records] transfers records from the Park Board to the Council.

Transition – records

31 (1) All records in the custody or under the control of the board immediately before the date the board is dissolved are deemed, as of that date, to be records in the custody or under the control of the Council.

(2) For certainty, the dissolution of the board does not affect the confidentiality or privilege of any information contained within the records referred to in this section.

CLAUSE 32: [Transition – legal proceedings] allows legal proceedings by or against the Park Board to be continued by or against the Council.

Transition – legal proceedings

32 (1) Any legal proceeding by or against the board existing immediately before the date the board is dissolved may be continued by or against the Council and may not be continued against the board.

(2) A ruling, order or judgment in favour of or against the board may be enforced by or against the Council and may not be enforced against the board.

(3) A claim by or against the board existing immediately before the date the board is dissolved must be commenced or continued by or against the Council.

(4) A cause of action existing against the board immediately before the date the board is dissolved exists against the Council.

(5) Subject to subsections (1) to (4), a cause of action or claim existing immediately before the date the board is dissolved is unaffected by anything done under sections 26 to 30.

CLAUSE 33: [Transition – campaign financing] provides regulation-making powers to address transitional issues of campaign financing in relation to a candidate in an election for board member.

Transition – campaign financing

33 (1) The definitions established by the Local Elections Campaign Financing Act apply to this section.

(2) This section applies in respect of an election under the Vancouver Charter for board member.

(3) Despite this Act, the Local Elections Campaign Financing Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting the requirements of financial agents under the Local Elections Campaign Financing Act;

(b) respecting campaign accounts, including what happens to campaign funds in a campaign account;

(d) respecting transfers between campaign accounts, including prescribing what transfers are permissible;

(e) respecting campaign contributions and campaign expenditures, including determining what contributions are permissible;

(f) respecting disclosure requirements under the Local Elections Campaign Financing Act;

(g) making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties in respect of campaign financing on the dissolution of the board.

(4) In making a regulation under subsection (3), the Lieutenant Governor in Council may do any of the following:

(a) provide exceptions to a provision of the Local Elections Campaign Financing Act;

(b) modify rules that would otherwise apply under a provision of the Local Elections Campaign Financing Act;

(c) establish rules that operate in place of or as an alternative to a provision of the Local Elections Campaign Financing Act.

(5) A financial agent for a candidate and a financial agent for an elector organization that endorses a candidate must retain financial records, including reports, records and material required under the Local Elections Campaign Financing Act or a regulation under this section, for a period prescribed by regulation by the Lieutenant Governor in Council.

(6) For certainty, the requirements set out in subsection (5) apply whether or not the election for which the candidate became a candidate occurs.

Consequential Amendments

CLAUSE 34: [Cannabis Control and Licensing Act, section 63] makes a consequential amendment to the Cannabis Control and Licensing Act.

34 Section 63 (3) (d) of the Cannabis Control and Licensing Act, S.B.C. 2018, c. 29, is repealed and the following substituted:

(d) a permanent public park designated under section 487 of the Vancouver Charter.

CLAUSE 35: [Community Charter, section 108.1] makes a consequential amendment to the Community Charter.

35 Section 108.1 (b) of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted:

CLAUSE 36: [Community Charter, section 109.3] makes a consequential amendment to the Community Charter.

CLAUSE 37: [Community Charter, section 120] makes a consequential amendment to the Community Charter.

CLAUSE 38: [Community Charter, section 125] makes a consequential amendment to the Community Charter.

CLAUSE 39: [Community Charter, section 191] makes a consequential amendment to the Community Charter.

CLAUSE 40: [Eligibility to Hold Public Office Act, section 1] makes a consequential amendment to the Eligibility to Hold Public Office Act.

40 Section 1 (a) (iv) of the Eligibility to Hold Public Office Act, S.B.C. 2025, c. 9, is repealed.

CLAUSE 41: [Freedom of Information and Protection of Privacy Act, Schedule 1] makes a consequential amendment to the Freedom of Information and Protection of Privacy Act.

41 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "local government body" by adding "or" at the end of paragraph (o), by striking out "or" at the end of paragraph (p) and by repealing paragraph (q).

CLAUSE 42: [Liquor Control and Licensing Act, section 73] makes a consequential amendment to the Liquor Control and Licensing Act.

42 Section 73 (2) of the Liquor Control and Licensing Act, S.B.C. 2015, c. 19, is repealed and the following substituted:

(2) Subject to subsection (3) and the regulations, a municipality or a regional district may, by bylaw, designate a public place over which it has jurisdiction, or part of such a place, as a place where liquor may be consumed.

CLAUSE 43: [Local Elections Campaign Financing Act, section 1] makes a consequential amendment to the Local Elections Campaign Financing Act.

43 Section 1 of the Local Elections Campaign Financing Act, S.B.C. 2014, c. 18, is amended

CLAUSE 44: [Local Elections Campaign Financing Act, section 41.1] makes a consequential amendment to the Local Elections Campaign Financing Act.

CLAUSE 45: [Local Elections Campaign Financing Act, section 63.01] makes a consequential amendment to the Local Elections Campaign Financing Act.

CLAUSE 46: [Local Elections Campaign Financing Act, Schedule] makes a consequential amendment to the Local Elections Campaign Financing Act.

46 Section 1 of the Schedule is amended in paragraph (b) (ii) of the definition of "designated local authority officer" by striking out "or the Vancouver Park Board".

CLAUSE 47: [Local Government Act, section 166] makes a consequential amendment to the Local Government Act.

47 Section 166 (2) (b) of the Local Government Act, R.S.B.C. 2015, c. 1, is repealed and the following substituted:

CLAUSE 48: [Local Government Act, section 202] makes a consequential amendment to the Local Government Act.

CLAUSE 49: [Local Government Act, section 204] makes a consequential amendment to the Local Government Act.

Commencement

50 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:

Explanatory Notes