BILL 10 – 2006
COMMUNITY SERVICES STATUTES AMENDMENT ACT, 2006

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 The Community Charter, S.B.C. 2003, c. 26, is amended by adding the following section to Division 2 of Part 5:

Meetings and hearings outside municipality

134.1 (1) If authorized under subsection (2), the following meetings, hearings and other proceedings may be held, and all powers, duties and functions may be exercised in relation to those proceedings, outside the boundaries of the municipality:

(a) council meetings;

(b) council committee meetings;

(c) other public meetings conducted by or on behalf of the council or a council committee;

(d) council hearings that are required by law or authorized by an enactment;

(e) council proceedings in which a person is entitled under this Act to make representations to the council.

(2) A council may do either or both of the following:

(a) by bylaw, provide that meetings, hearings or other proceedings referred to in subsection (1) may be held outside the boundaries of the municipality;

(b) by resolution in a specific case, allow a meeting, hearing or other proceeding to be held outside the boundaries of the municipality.

2 Section 154 is amended by adding the following subsection:

(5) In exercising its powers under subsection (1), a council may establish any terms and conditions it considers appropriate.

Community Charter Council Act

3 The Community Charter Council Act, S.B.C. 2001, c. 35, is repealed.

Greater Vancouver Sewerage and Drainage District Act

4 Section 8 (5) of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by striking out "sections 791 (15)," and substituting "sections 237.1, 791 (15),".

5 Section 14 is amended

(a) in subsection (2.1) by striking out "Bylaws" and substituting "By-laws", and

(b) in subsection (3) by striking out "bylaw" and substituting "by-law".

6 Section 55 (3) is amended by striking out "bylaw" and substituting "by-law".

7 Section 58.2 is amended

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

(d) subject to a by-law under subsection (3.1) (a), the building 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;

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

(i) $50 000, if no by-law under subsection (3.1) (b) or regulation under subsection (3.2) (a) applies,

(ii) the amount prescribed under subsection (3.2) (a), if no by-law under subsection (3.1) (b) applies, or

(iii) the amount established by by-law under subsection (3.1) (b). , and

(b) by adding the following subsections:

(3.1) The Corporation may, in a by-law under subsection (1), do either or both of the following:

(a) provide that a charge is payable under the by-law in relation to a building permit referred to in subsection (3) (d);

(b) establish an amount for the purposes of subsection (3) (e) (iii) that is greater than the amount otherwise applicable under subsection (3) (e), subject to the maximum permitted under subsection (3.2) (b).

(3.2) The minister may, by regulation,

(a) prescribe an amount for the purposes of subsection (3) (e) (ii), and

(b) prescribe a maximum value that may be established under subsection (3.1) (b).

Greater Vancouver Water District Act

8 Section 10 (5) of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is amended by striking out "sections 791 (15)," and substituting "sections 237.1, 791 (15),".

Local Government Act

9 The Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following section to Division 3 of Part 5.1:

Application

206.1 This Division applies to the City of Vancouver.

10 Section 222.1 (3) is amended by striking out "a board meeting" and substituting "a board meeting or a board committee meeting".

11 The following section is added to Division 4 of Part 5.2:

Meetings and hearings outside regional district

237.1 (1) If authorized under subsection (2), the following meetings, hearings and other proceedings may be held, and all powers, duties and functions may be exercised in relation to those proceedings, outside the boundaries of the regional district:

(a) board meetings;

(b) board committee meetings;

(c) other public meetings conducted by or on behalf of the board or a board committee;

(d) board hearings that are required by law or authorized by an enactment;

(e) board proceedings in which a person is entitled under this Act to make representations to the board.

(2) A board may do either or both of the following:

(a) by bylaw, provide that meetings, hearings or other proceedings referred to in subsection (1) may be held outside the boundaries of the regional district;

(b) by resolution in a specific case, allow a meeting, hearing or other proceeding to be held outside the boundaries of the regional district.

12 Section 664 is amended by repealing the definition of "licence year" and substituting the following:

"licence year" means a calendar year; .

13 Section 670 (2) is amended by striking out "January and February" and substituting "November or December".

14 Section 747.2 (8) is amended by striking out "10 years" and substituting "15 years".

15 Section 793 (6) is repealed.

16 Section 797.1 is amended by adding the following subsection:

(4.1) For the purposes of subsection (4), "municipal solid waste" and "recyclable material" have the same meaning as in the Environmental Management Act.

17 The following section is added to Division 4 of Part 24:

Exemptions from approval requirements

799.2 (1) In this section:

"approval requirement" means a provision in or under this or any other Act that has the effect of requiring approval or consent of the Lieutenant Governor in Council, a minister, the inspector or another official before a regional district bylaw or other action is adopted, is taken or is effective;

"responsible authority" means

(a) in relation to approval or consent of the Lieutenant Governor in Council, the Lieutenant Governor in Council,

(b) in relation to approval or consent of a minister, that minister,

(c) in relation to approval or consent of the inspector, the minister responsible for this Act, and

(d) in relation to approval or consent of another official, the minister responsible for the provision establishing the approval requirement.

(2) Despite any other Act, the responsible authority may, by regulation, provide exemptions from an approval requirement.

(3) A regulation under this section may provide that an exemption is or may be made subject to the terms and conditions specified by the minister responsible or by a person designated by name or title in the regulation.

18 Section 809 (4) (g) (ii) is amended by striking out "council" and substituting "board".

19 Section 939 (9) is amended by striking out "10 years" and substituting "15 years".

Municipalities Enabling and Validating Act (No. 3)

20 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:

Part 6 -- 2006

Validation of proceedings outside boundaries

19 (1) In this section, "new authority" means, as applicable,

(a) section 134.1 [meetings and hearings outside municipality] of the Community Charter,

(b) section 237.1 [meetings and hearings outside regional district] of the Local Government Act, or

(c) section 8 (5) of the Greater Vancouver Sewerage and Drainage District Act or section 10 (5) of the Greater Vancouver Water District Act, as they make section 237.1 of the Local Government Act applicable.

(2) Despite any decision of a court to the contrary made before or after the coming into force of this section,

(a) all meetings, hearings and other proceedings described in the new authority,

(b) all powers, duties and functions exercised in relation to those proceedings, and

(c) all bylaws, resolutions and other actions adopted, taken or otherwise done in relation to those proceedings

that would have been validly held, exercised, undertaken, adopted, taken or otherwise done if

(d) the new authority had been in force at that time, and

(e) an authorizing bylaw or resolution contemplated by the new authority had been validly adopted in relation to those proceedings

are conclusively deemed to have been validly held, exercised, undertaken, adopted, taken or otherwise done.

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

Port Alice pulp mill agreement

20 (1) In this section:

"class 4 property" means land, or land and improvements, classified as Class 4 property under the Assessment Act;

"municipal tax" means property value tax imposed for the purposes of raising municipal revenue described in section 197 (1) (a) of the Community Charter;

"Neucel" means Neucel Specialty Cellulose Ltd., a body corporate, incorporated under the laws of the Province under Certificate of Incorporation No. BC0734876;

"subject property" means the land and improvements legally described as

PID: 000-174-831
Dist. Lot 1187
Rupert District,
Except That Part in Plan 21605;

"village" means the Village of Port Alice.

(2) The village may enter into an agreement with Neucel under which the village agrees to impose on the portion of the subject property that is class 4 property fixed amounts of municipal tax for one or more of the years 2006 to 2010, inclusive.

(3) If the village enters into an agreement under subsection (2), for each year the agreement remains in effect the village must set its tax rate under section 197 (3) of the Community Charter for all class 4 property in the village so that the amount of municipal tax payable on the portion of the subject property that is class 4 property is the fixed amount set out for the year in the agreement.

(4) An agreement under subsection (2) is not renewable or assignable.

(5) As long as Neucel continues to own a portion of the subject property that includes class 4 property, an agreement under subsection (2) does not end during its term by reason only that the subject property is subdivided.

(6) The village may exercise the power under subsection (2), and must comply with subsection (3), even if the effect is to

(a) limit or eliminate council's legislative powers in relation to the imposition of taxes, or

(b) cause council to provide assistance to a business.

Resort Municipality of Whistler Act

21 Section 17 (3) of the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407, is amended by striking out "Lieutenant Governor in Council" and substituting "minister".

University Endowment Land Act

22 Section 2 of the University Endowment Land Act, R.S.B.C. 1996, c. 469, is amended

(a) in subsection (1) (b), (c) and (e) by striking out "with the approval of the Lieutenant Governor in Council,", and

(b) by repealing subsections (1) (f) and (g) and (4).

23 Section 3 (e) is repealed.

24 Section 4 (1) is amended by striking out "March 15" and substituting "April 30".

25 Section 6 (1) is amended by striking out "A work of the character or description specified in section 2 (1) (b) may be undertaken by the minister with the consent of the Lieutenant Governor in Council, and subject to the regulations," and substituting "Subject to the regulations, a work referred to in section 2 (1) (b) may be undertaken by the minister".

Vancouver Charter

26 Section 2.1 (1) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding "Division 3 [Certification of Senior Officials] of Part 5.1;".

27 Section 311 (b) is repealed and the following substituted:

Direction of traffic at fires and other emergencies

(b) for

(i) empowering members of the Fire Department, in the absence of the police, to give directions for the regulation or diversion of vehicular traffic at or near a fire or in other emergency circumstances, and

(ii) requiring all persons to comply with such directions even though they may be at variance with traffic signs or the like; .

28 Section 334 is repealed and the following substituted:

Civil proceedings by city

334. (1) A by-law of the Council or of the Board of Parks and Recreation may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in a proceeding brought by the city or by the Board of Parks and Recreation, as the case may be.

(2) In addition,

(a) a by-law referred to in subsection (1) may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in an action brought by a registered owner of real property in the city, and

(b) a zoning by-law within the meaning of Part XXVII may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in an action brought by an incorporated society that represents registered owners of real property in the city who are affected by such a by-law.

(3) It is not necessary for the Provincial government, the Attorney General or an officer of the Provincial government to be party to an action or other proceeding under this section.

(4) This section applies without limiting the right to enforce any proprietary, contractual or other rights, and in addition to any other remedy provided or penalty that has been or may be imposed.

29 Section 483 (3) and (4) is repealed and the following substituted:

(3) If the property is a perishable article or its custody involves unreasonable expense or inconvenience, it may be sold at any time, but the proceeds of the sale shall not be disposed of other than to the lawful owner until they have remained in the possession of the city for 6 months.

(4) In any other case the property shall not be sold until it has remained in the possession of the police for at least 3 months.

30 Section 571 is repealed.

31 The following section is added:

Relaxation of sign by-laws

571AA. (1) The Council may, by by-law, provide for the relaxation of a sign by-law under section 571A in one or more of the following circumstances:

(a) enforcement of the sign by-law would result in unnecessary hardship;

(b) the sign is

(i) on heritage property, or

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

(c) the sign uses technology not contemplated by the sign by-law;

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

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

(3) A relaxation under this section, whether made by the Council, an official or a board, 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 or a board is entitled to have the Council reconsider the matter.

Transitional -- commercial vehicle licensing for 2006 and 2007

32 (1) In this section:

"commercial vehicle licence" means a licence issued under Division 3 [Commercial Vehicle Licensing] of Part 20 of the Local Government Act;

"new licence" means a commercial vehicle licence referred to in subsection (2) (b);

"transition licence" means a commercial vehicle licence referred to in subsection (2) (a).

(2) As transitional provisions in relation to the amendments made by this Act to sections 664 and 670 of the Local Government Act, the following apply:

(a) for commercial vehicle licences issued for any period of 2006 that begins on or after March 1, 2006, the licence year ends on February 28, 2007;

(b) for commercial vehicle licences issued for any period of 2007, other than a licence to which paragraph (a) applies, the licence year ends on December 31, 2007;

(c) if a person who is applying for a new licence satisfies the municipality that the person

(i) holds a transition licence, or

(ii) held a transition licence on February 28, 2007,

the licence fee payable under section 669 (1) or (2) of the Local Government Act, as applicable, for the new licence is the amount established by subsection (3), subject to the restriction that only one reduction may be made under this section in relation to any single transition licence.

(3) In the circumstances described in subsection (2), the licence fee payable under section 669 (1) or (2) of the Local Government Act for the new licence is the amount established by column 2 of the following table in relation to the licence fee that would otherwise apply set out in column 1 of the table:

Transitional -- excess or extended services

33 For certainty, the amendments made by this Act to sections 747.2 (8) and 939 (9) of the Local Government Act apply in relation to excess or extended services regardless of whether they are completed before or after the amendments come into force.

Commencement

34 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: