BILL 36 – 2004
COMMUNITY, ABORIGINAL AND WOMEN'S SERVICES STATUTES AMENDMENT ACT, 2004

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

Budget Measures Implementation Act, 2003

1 Section 59 (1) of the Budget Measures Implementation Act, 2003, S.B.C. 2003, c. 3, is amended in the definition of "tax Acts" by striking out "and" at the end of paragraph (i), by adding ", and" at the end of paragraph (j) and by adding the following paragraph:

(k) Community Charter.

Community Charter

2 Section 155 (2) of the Community Charter, S.B.C. 2003, c. 26, is amended by adding the following paragraph:

(a.1) despite section 154 (1) [delegation of council authority], the delegation may be made by bylaw or resolution; .

3 Section 180 (2) (b) is repealed and the following substituted:

(b) money borrowed for works required to be carried out under

(i) an order of the Inspector of Dikes, or

(ii) an order under section 84 [abatement of municipal pollution], 85 [environmental protection orders] or 87 [environmental emergency measures] of the Environmental Management Act.

4 Section 189 is amended by adding the following subsections:

(4.1) Despite any other enactment, if

(a) money in a reserve fund established for a capital purpose, including a reserve fund under section 935 of the Local Government Act established for a capital purpose, is not currently required for that purpose, and

(b) the municipality has another reserve fund established for a capital purpose,

the municipality may use money in the first reserve fund for the purposes of the second reserve fund.

(4.2) If money from one reserve fund is used under subsection (4.1) for the purposes of another reserve fund, the municipality must repay to the first reserve fund, no later than the time when the money is needed for the purposes of that reserve fund,

(a) the amount used, and

(b) an amount equivalent to the interest that would have been earned on the amount used had it remained in the first reserve fund.

5 Section 194 (2) is amended by adding the following paragraphs:

(d) establish terms and conditions for payment of a fee, including discounts, interest and penalties;

(e) provide for the refund of a fee.

Community Charter Transitional Provisions, Consequential Amendments
and Other Amendments Act, 2003

6 Section 10 of the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, S.B.C. 2003, c. 52, is amended by adding the following subsection:

(4) In addition to its application under subsection (3), the previous Division 2 of Part 10 of the Local Government Act continues to apply after the expiration of a valuation agreement as provided in the previous section 350 [further liability for 10 years after end of valuation agreement] of that Act.

7 Sections 1 to 5 of the Community Charter Interim Regulations, B.C. Reg. 429/2003, are repealed.

Farm Practices Protection (Right to Farm) Act

8 Section 1 of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended in paragraph (a) of the definition of "land use regulation" by adding the following:

section 8 (5) [firearms]; .

9 Section 2 (3) (a) is amended by adding the following:

section 8 (5) [firearms]; .

Local Government Act

10 Section 420 (7) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "section 311 (1) (c) or (d)" and substituting "section 311".

11 Section 800.1 is amended

(a) in subsection (2) by adding the following paragraph:

(j) a service referred to in section 800 (2) (a) to (d) [general administration, electoral area administration, feasibility studies and regional hospital district services]. , and

(b) by adding the following subsection:

(4) If the board adopts an establishing bylaw for a service referred to in section 800 (2) (a) [general administration], the establishing bylaw must identify all municipalities and all electoral areas in the regional district as participating areas for the service, and the service area is the entire regional district.

12 Section 800.2 (4) is repealed.

13 Section 801 is amended by adding the following subsection:

(5) As an exception, subsections (1) to (4) do not apply to an establishing bylaw for a service referred to in section 800 (2) (a), (b) or (d) [services for which establishing bylaw not required -- general administration, electoral area administration and regional hospital district services] and, instead, section 802 applies to the bylaw as if it were a bylaw amending an establishing bylaw.

14 Section 911 is amended

(a) in subsections (1), (3), (4), (5), (7), (9) and (10) by striking out "building or structure" wherever it appears and substituting "building or other structure",

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

(a) land, or a building or other structure, is lawfully used, and ,

(c) in subsection (2) by striking out "buildings or structures" and substituting "a building or other structure,", and

(d) in subsection (8) by striking out "a building or a structure" and substituting "a building or other structure,".

15 Section 933 is amended

(a) by repealing subsection (4) (b) and (c) and substituting the following:

(b) subject to a bylaw under subsection (4.1) (a), the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(i) contain fewer than 4 self-contained dwelling units, and

(ii) be put to no other use other than the residential use in those dwelling units;

(c) the value of the work authorized by the permit does not exceed, as applicable,

(i) $50 000, if no bylaw under subsection (4.1) (b) or regulation under subsection (4.2) (a) applies,

(ii) the amount prescribed under subsection (4.2) (a), if no bylaw under subsection (4.1) (b) applies, or

(iii) the amount established by bylaw under subsection (4.1) (b). , and

(b) by adding the following subsections:

(4.1) A local government may, in a bylaw under subsection (1), do either or both of the following:

(a) provide that a charge is payable under the bylaw in relation to a building permit referred to in subsection (4) (b);

(b) establish an amount for the purposes of subsection (4) (c) (iii) that is greater than the amount otherwise applicable under subsection (4) (c), subject to the maximum permitted under subsection (4.2) (b).

(4.2) The minister may, by regulation,

(a) prescribe an amount for the purposes of subsection (4) (c) (ii), and

(b) prescribe a maximum value that may be established under subsection (4.1) (b).

16 Section 937.3 is amended

(a) by repealing subsection (3) (c) and substituting the following:

(c) subject to a bylaw under subsection (3.1), the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(i) contain fewer than 4 self-contained dwelling units, and

(ii) be put to no other use other than the residential use in those dwelling units; , and

(b) by adding the following subsection:

(3.1) A local government may, by bylaw, provide that a school site acquisition charge is payable in relation to a building permit referred to in subsection (3) (c).

17 Section 941 (15) is amended by striking out "as a special fund under Part 13 [Special Funds] of this Act" and substituting "as a reserve fund under this Act".

18 Section 941.1 is amended

(a) in subsection (1) by striking out "by bylaw," and substituting "by bylaw adopted with the approval of the electors,",

(b) in subsection (2) by striking out "a special fund under Part 13 [Special Funds]" and substituting "a reserve fund", and

(c) by repealing subsection (3).

Vancouver Charter

19 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definition:

"registered owner" means the person registered in the land title office as entitled to the fee simple; .

20 Section 396 is amended

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

(i) if

(A) an incorporated charitable institution is the registered owner or owner under agreement, either directly or through trustees, of the real property, and

(B) the real property is in actual occupation by the incorporated charitable institution and is wholly in use for charitable purposes; , and

(b) by adding the following subsection:

(7) For the purposes of subsection (1) (c) (i) (A), an incorporated charitable institution is deemed to be a registered owner of real property if

(a) it is, directly or through trustees, the registered holder of a leasehold estate in the real property,

(b) the actual registered owner of the real property is an incorporated charitable institution, and

(c) the real property would be exempt if it were in actual occupation by the institution referred to in paragraph (b) for a particular charitable purpose of that institution.

21 Section 523D is amended

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

(b) subject to subsection (10.1), where a building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(i) contain less than 4 self-contained dwelling units, and

(ii) be put to no other use other than the residential use in those dwelling units, , and

(b) by adding the following subsection:

(10.1) A by-law made under this section may provide that a levy is payable under the by-law in relation to a building permit referred to in subsection (10) (b).

22 Section 572 is amended

(a) by repealing subsections (1) and (1.1) and substituting the following:

(1) The Council shall establish by by-law a Board, consisting of 5 members appointed by the Council.

(1.1) The members of the Board shall elect one of their number as Chair of the Board. ,

(b) in subsection (2) by striking out "until his successor shall be" and substituting "until the member's successor is", and

(c) by repealing subsection (6) and substituting the following:

(6) The Chair may from time to time appoint a member of the Board as Acting Chair to preside in the absence of the Chair.

Commencement

23 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: