BILL 43 – 2007
GREATER VANCOUVER TRANSPORTATION AUTHORITY AMENDMENT ACT, 2007

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

Part 1 — Greater Vancouver Transportation
Authority Act Amendments

1 The title of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is repealed and the following substituted:

SOUTH COAST BRITISH COLUMBIA
TRANSPORTATION AUTHORITY ACT .

2 Section 1 (1) is amended

(a) in the definition of "ancillary works" by striking out "rail transportation system," and substituting "rail transportation system or busway,",

(b) by adding the following definitions:

"2007 screening panel" means the individuals who contracted with the government to participate, in 2007, as active members of a screening panel described in the contracts;

"annual report", in relation to the authority, means the report required under section 7 (3) (a);

"articles" means the rules established under section 190 (3) (f), and includes

(a) provisions, reflecting the recommendations made under section 176 (2) (a) or the orders made under section 181 (1) (a), respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid,

(b) a skills and experience profile, within the meaning of section 185 (1) (a), setting out the skills and experience that must be represented on the board, and

(c) any other provisions that under this Act must or may be added to the articles;

"authority's website" means the website established under section 13.2 (1);

"base plan" means the plan referred to in section 194 (1);

"base plan preparation year", in relation to a base plan, means the fiscal year in which the base plan is prepared;

"busway" means the whole or any portion of a highway, at, above or below grade,

(a) that is for the exclusive use of

(i) buses operated by or on behalf of the authority or a subsidiary, and

(ii) any other motor vehicle or device prescribed by the minister, and

(b) in respect of which signs or markings, prescribed by the minister, indicate that the highway or portion of it is reserved for the exclusive use of buses or other prescribed motor vehicles and devices,

and includes the busway's ancillary works;

"commercial passenger vehicle" has the same meaning as in the Passenger Transportation Act;

"commissioner" means the Regional Transportation Commissioner appointed under section 215 (1) or 216 (4) or (5);

"commissioner's website" means the website established under section 219 (1);

"deputy commissioner" means a deputy commissioner appointed under section 215 (1);

"first-time short term fare" means the short term fare assessed for

(a) a revenue transit service in relation to which no short term fare has been assessed, or

(b) the ability of a class of persons to use a revenue transit service over a particular time-span if no short term fare has been assessed for that ability over such a time-span,

but does not include

(c) a short term fare assessed for a new revenue transit service if

(i) the new revenue transit service is similar in nature to an existing revenue transit service, and

(ii) the short term fare assessed for the new revenue transit service is identical to or less than the short term fare assessed for the existing revenue transit service referred to in subparagraph (i), or

(d) a short term fare assessed for the ability of a class of persons to use a revenue transit service over a particular time-span if the short term fare assessed for the ability of that class of persons to use a revenue transit service over that time-span is identical to or less than an existing short term fare for the ability of another class of persons to use that revenue transit service over that time-span;

"inspector" means a person appointed under section 227 (1) to conduct an inspection under section 227;

"long term strategy" means the record prepared under section 193;

"major crossing" means a bridge or tunnel of at least 50 m in length that spans a body of water, and includes a system of infrastructure, structures, crossings and approaches connecting the bridge or tunnel to the provincial highway system or municipal highways;

"mayors' council on regional transportation" means the mayors' council on regional transportation established under section 208;

"qualified individual" means an individual who

(a) is not an employee or an officer of the authority or of any of its subsidiaries,

(b) is not, and has never been, a commissioner or a deputy commissioner,

(c) is not, and has never been, a member of a screening panel,

(d) does not hold elected public office of any type, and

(e) is not an employee of the government or of a municipality, regional district, trust council or greater board;

"replacement tax", in any fiscal year, means the tax assessed by the authority in that year under section 25 (7.1);

"revenue transit service" means any transportation service

(a) provided by, or under contract to, the authority or a subsidiary,

(b) for the transportation of people by any means, including, without limitation,

(i) ferries,

(ii) custom transit services,

(iii) bus transportation systems, and

(iv) rail transportation systems, and

(c) in relation to which a short term fare is or may be assessed;

"screening panel" means the individuals appointed under section 172 (1) or (2), and, except where otherwise provided, includes the 2007 screening panel;

"short term fare" means a user fee for a revenue transit service, but does not include

(a) a fee charged for a pass that authorizes the holder, for a period of more than 3 days, to use one or more revenue transit services, or

(b) a toll under section 29 or 29.1;

"standard property taxes", in any fiscal year, means all of the property taxes, other than the replacement tax, that the authority is authorized to assess under this Act in that fiscal year;

"strategic plan" means a strategic plan within the meaning of section 206;

"supplement" means a supplemental plan referred to in section 200;

"supplementary fare increase" means an increase in the short term fare that may be assessed in any fiscal year for a revenue transit service if, after that increase, the short term fare for the revenue transit service will be greater than the targeted fare applicable to that revenue transit service in that fiscal year;

"targeted fare", in relation to a revenue transit service in a fiscal year, means the short term fare assessed for that revenue transit service on April 1, 2008, increased, on the first day of each subsequent fiscal year to and including the first day of the year in question, by 2%, compounded annually; ,

(c) by repealing the definition of "authority" and substituting the following:

"authority" means the South Coast British Columbia Transportation Authority continued under section 2; ,

(d) in the definition of "board" by striking out "appointed under section 8;" and substituting "referred to in Part 8;",

(e) by repealing the definition of "municipality", and

(f) in the definition of "subsidiary" by striking out "section 9 (3) (g)" and substituting "section 190 (3) (g)".

3 Section 1 (3) is repealed and the following substituted:

(3) An agreement under subsection (2) does not come into effect until the agreement is

(a) ratified by a resolution of the mayors' council on regional transportation,

(b) ratified by the following resolution:

(i) if the area to be added is within a municipality, a resolution of the council of the municipality;

(ii) if the area to be added is all or part of a rural area within a regional district, a resolution of the board of the regional district;

(iii) in the case of any other area, a resolution of the entity having jurisdiction over the area, and

(c) approved by an order of the Lieutenant Governor in Council.

(4) An agreement under subsection (2) may provide for the phasing in of transportation services and revenue collection measures over a period of not more than 10 years.

4 The heading to Part 1 is repealed and the following substituted:

Part 1 — South Coast British Columbia
Transportation Authority .

5 The following heading is added to Part 1 immediately before section 2:

Division 1 — Structure and Administration of Authority .

6 Section 2 (1) is repealed and the following substituted:

(1) The authority is continued under the name "South Coast British Columbia Transportation Authority", consisting of the directors referred to in Part 8.

(1.1) The Greater Vancouver Transportation Authority Police Service is continued under the name "South Coast British Columbia Transportation Authority Police Service" and the Greater Vancouver Transportation Authority Police Board is continued under the name "South Coast British Columbia Transportation Authority Police Board".

(1.2) A reference to the Greater Vancouver Transportation Authority, the Greater Vancouver Transportation Authority Police Service or the Greater Vancouver Transportation Authority Police Board in any record, including, without limitation, in any security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate is deemed to be a reference to the South Coast British Columbia Transportation Authority, the South Coast British Columbia Transportation Authority Police Service or the South Coast British Columbia Transportation Authority Police Board respectively.

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

(b) supports

(i) the regional growth strategy,

(ii) provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives, and

(iii) the economic development of the transportation service region.

8 Section 6 is amended

(a) in subsection (2) by striking out "and" at the end of paragraph (h) and by adding the following paragraphs:

(a.1) may acquire land, other than by expropriation, that is not required for the current plans of the authority but that the authority reasonably believes will be required in the future

(i) in support of the regional transportation system, or

(ii) to facilitate the development, construction or operation of the regional transportation system,

(a.2) may hold, manage, develop and dispose of land,

(g.1) may exercise within a municipality in, to or from which a major crossing is planned, acquired, constructed, maintained or operated, all the powers in relation to that major crossing that a municipality authorized to lay out, construct and maintain highways may exercise in carrying out that authorization,

(h.1) has, for the purposes of planning, acquiring, constructing, maintaining and operating a major crossing on or connecting to a highway in a municipality,

(i) all the rights, powers and advantages conferred by any enactment on that municipality with respect to that highway, and

(ii) the right to enjoy and exercise any right of way, easement or licence owned, enjoyed or exercised by that municipality in connection with or for the purposes of the municipality's operation of that highway,

(j) may exercise the rights, powers and advantages, and may enjoy and exercise the rights of way, easements or licences, referred to in paragraph (h.1) in the same manner and to the same extent as the municipality referred to in that paragraph might have done if the highway had not become part of or connected to a major crossing. ,

(b) in subsection (2) (d) by striking out "by agreement,",

(c) in subsection (2) (f) by striking out "sections 4 (1) (c) and 10 (1) (c)" and substituting "sections 4 (1) (c) and (d) and 10 (1) (c) and (d)",

(d) in subsection (2) (g) and (h) by adding "or busway" after "rail transportation system" wherever it appears,

(e) in subsection (2) (i) by striking out "rail transportation system." and substituting "rail transportation system or busway, and",

(f) in subsection (3) by striking out "designated project," wherever it appears and substituting "designated project or major crossing,", and

(g) in subsection (5) (a) by adding "a major crossing," after "designated project,".

9 Section 7 is amended

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

(3) Within 90 days after the end of each fiscal year of the authority, the authority must

(a) prepare, in accordance with section 13.4, an annual report of the operations of the authority and its subsidiaries for the previous fiscal year,

(b) prepare audited financial statements of the authority and its subsidiaries for the previous fiscal year, and

(c) provide a copy of the annual report and a copy of the audited financial statements to the commissioner and the mayors' council on regional transportation. , and

(b) in subsection (5) by striking out "The Financial Information Act" and substituting "Without limiting any other provision of this Act, the Financial Information Act".

10 Sections 8 and 9 are repealed.

11 The following section is added to Division 1 of Part 1:

Annual meeting

13.1  (1) The authority must hold an annual general meeting within 6 months after the end of each fiscal year.

(2) Within 3 months before, and not less than 2 weeks before, the date of the authority's annual general meeting, the board must publish the date, time and location of the annual general meeting

(a) on the authority's website in such a manner that the information respecting the date, time and location of the annual general meeting can be accessed without charge by any member of the public wishing to access it, and

(b) in another manner that the board is satisfied will bring the date, time and location of the annual general meeting to the attention of the public in the transportation service region.

(3) At least 10 days before the date of an annual general meeting, the board must publish the annual report

(a) on the authority's website in such a manner that the annual report can be accessed without charge by any member of the public wishing to access it, and

(b) in another manner that the board is satisfied will bring the annual report to the attention of the public in the transportation service region.

(4) An annual general meeting of the authority is open to any person, and any person attending the meeting may, subject to any reasonable restrictions imposed by the board, address the meeting.

(5) The board must place the annual report before the annual general meeting and must make a copy of that report available without charge to any person in attendance at the meeting who requests a copy.

12 The following heading and sections are added immediately before section 14:

Division 2 — Records and Reports

Authority's website

13.2  (1) The authority must establish and maintain a website that is accessible without charge to the public.

(2) Unless this Act provides otherwise, if, under this Act, the authority is required to publish a record on the authority's website, the record must remain on that website for a period that is not shorter than the remainder of the fiscal year in which the record was published and the following fiscal year.

Records

13.3  (1) The authority must keep the following records at its head office:

(a) a list of its current directors;

(b) every record deposited under section 183 (2) (b);

(c) the minutes or portions of minutes of every meeting of its directors, and of every meeting of every committee of its directors, held in the current fiscal year or the previous fiscal year, if and to the extent that the authority believes that it would be required to disclose those minutes or portions of minutes in response to an access request under the Freedom of Information and Protection of Privacy Act;

(d) copies of any notices published by or on behalf of the authority

(i) in a newspaper,

(ii) in the current fiscal year or the previous fiscal year, and

(iii) in order to satisfy a requirement of this Act;

(e) copies of every annual report of the authority;

(f) a copy of the current strategic plan;

(g) a copy of the authority's current long term strategy;

(h) copies of the current and previous year's annual budget;

(i) a copy of the authority's current strategic transportation plan.

(2) Any person may, without charge, inspect during normal business hours all of the records that the authority is required to keep under this section.

(3) If a person requests a copy of a record that the authority is required to keep under this section and pays, in relation to that copy, the fee, if any, set in the articles of the authority under subsection (4), the authority must provide a copy of that record to that person promptly after receipt of the request and payment.

(4) Subject to subsection (5), the authority may, in its articles, set a reasonable fee for providing a copy of any of its records under subsection (3).

(5) Without limiting subsection (1), the authority must maintain a current version of its articles on the authority's website in such a manner that those articles can be accessed without charge by any member of the public wishing to access them.

Annual reports

13.4  An annual report must include the following in relation to the fiscal year for which the report is prepared:

(a) a summary of the operations of the authority and its subsidiaries during that year, including, without limitation,

(i) transportation services provided in that year,

(ii) capital projects undertaken, continued or completed in that year,

(iii) transportation demand management measures undertaken in that year,

(iv) short term fares assessed for each revenue transit service in that year,

(v) the revenue realized by the authority in that year,

(vi) the authority's expenditures in that year, and

(vii) the borrowings undertaken by the authority in that year,

along with a comparison of the operations of the authority and its subsidiaries to the applicable strategic transportation plan or strategic plan, as the case may be, and the applicable service, capital and operational plans;

(b) the audited financial statements prepared for that year;

(c) a summary of the number and nature of complaints received in that year and dealt with under section 225, and the actions taken by the authority in response to those complaints;

(d) a summary of the results of the customer satisfaction survey process operated in that year by the authority;

(e) any amendments made to the articles of the authority in that year;

(f) the date, type and outcome of any meetings of the board held in that year.

Duty to provide information

13.5  (1) In addition to providing the records required under section 7 (3) (c), the authority must promptly provide to the commissioner information requested by the commissioner.

(2) If the authority receives from the commissioner any form of return, the authority must fully and correctly answer each question in the return and promptly deliver the completed return to the commissioner.

13 The following heading is added immediately before section 15:

Division 3 — Consultation and Ratification .

14 Section 15 is amended

(a) in subsection (3) by striking out "public, all the municipalities and any other organizations" and substituting "public and with any municipality and other organization",

(b) by adding the following subsection:

(3.1) Before a base plan and any supplement is provided to the mayors' council on regional transportation under section 202 (b), the authority must consult, on matters that the authority proposes to include in those plans, with

(a) the public in the transportation service region,

(b) the mayors' council on regional transportation,

(c) the Greater Vancouver Regional District, and

(d) any municipality and other organization that the authority considers will be affected. ,

(c) in subsection (5) by adding "that the authority considers will be affected" before "and the Greater Vancouver Regional District", and

(d) in subsection (6) by adding "that the authority considers will be affected" after "the municipalities".

15 Sections 15 (4) (a), 25 (4) (b), 29 (6), 29.1 (6), 133 (6) (b) and 157 (2) (a) are amended by striking out "a decrease in" and substituting "no change to or a decrease in".

16 Section 16 (3) (b) is amended by striking out "present" and substituting "voting".

17 Section 25 is amended

(a) in subsection (5) by striking out "subsection (2)." and substituting "subsection (2) and, if applicable, subsection (7.1).",

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

(6) If, after the authority has made its first bylaw under subsection (2), the authority increases the tax assessed under this section, the authority must adopt a variable tax rate system that

(a) is applicable only to that increase, and

(b) has, as the relationship between the tax rate on a property class other than property class 1 and the tax rate for property class 1, a relationship that is the same or lower than the relationship between those same tax rates in the variable tax rate system prescribed for regional hospital districts under section 27 of the Hospital District Act.

(6.1) If, after the authority has made its first bylaw under subsection (2), the authority decreases the tax assessed under this section, the authority must adopt a variable tax rate system that

(a) is applicable only to that decrease, and

(b) has, as the relationship between the tax rate on a property class other than property class 1 and the tax rate for property class 1, a relationship that is the same or higher than the relationship between those same tax rates in the variable tax rate system prescribed for regional hospital districts under section 27 of the Hospital District Act. , and

(c) by adding the following subsection:

(7.1) For any fiscal year after 2007, in addition to the property taxes that the authority is authorized under this Act, other than this subsection, to assess in that fiscal year, the authority may, by bylaw, assess a tax under this subsection on the net taxable value of land and improvements in the transportation service region if

(a) the additional tax generates property tax revenue that is not more than $18 million in that fiscal year, and

(b) the additional tax is collected only from property classes 1, 2, 4, 5 and 6 in whatever proportions the authority may determine.

18 The following section is added:

Fuel tax

27.1  (1) In this section:

"director" has the same meaning as in the Motor Fuel Tax Act;

"fuel tax revenue", in any fiscal year, means the taxes to which the authority is entitled in that fiscal year under sections 4 (1) (c) and (d) and 10 (1) (c) and (d) of the Motor Fuel Tax Act.

(2) The authority may, by bylaw referred to in subsection (6), set, as the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act, a rate of tax that does not exceed $0.03 per litre.

(3) Before passing a bylaw referred to in subsection (2) of this section,

(a) the authority must set out the proposed rate of tax in a supplement,

(b) the commissioner must, in the review of the supplement undertaken under section 203,

(i) consider whether the rate of tax is consistent with subsection (4) (b) of this section,

(ii) consider the reasonableness of the estimates used by the authority to determine the amounts referred to in subsection (4) (b), and

(iii) if the commissioner determines that the rate of tax is consistent with subsection (4) (b) and that the estimates referred to in subparagraph (ii) of this paragraph are reasonable, provide the authority and the mayors' council on regional transportation with a notice confirming that determination, and

(c) without limiting section 204 (c), the mayors' council on regional transportation must, if it approves the supplement under section 204, provide the authority with a copy of the resolution approving the supplement.

(4) The authority must not set a rate of tax under subsection (2) of this section unless

(a) the authority has received, in relation to the supplement referred to in subsection (3) (a), the notice referred to in subsection (3) (b) (iii) and a copy of the resolution referred to in subsection (3) (c), and

(b) the outcome revenue is at least twice as great as the tenth year additional fuel tax revenue.

(5) In subsection (4):

"outcome revenue" means the amount determined by the following formula:

where

"tenth year revenue" is the total revenue, excluding grants or contributions from the government, that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (a) is approved,

"tenth year fuel tax revenue" is the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (a) is approved,

"plan year revenue" is the total revenue, excluding grants or contributions from the government, that the authority estimates it will receive in the year in which the supplement referred to in subsection (3) (a) is prepared, and

"plan year fuel tax revenue" is the fuel tax revenue that the authority estimates it will receive in the year in which the supplement referred to in subsection (3) (a) is prepared;

"tenth year additional fuel tax revenue" means the positive difference between

(a) the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (a) is approved, and

(b) the fuel tax revenue that the authority estimates it will receive in the 10th year of the strategic plan that will result if the supplement referred to in subsection (3) (a) is not approved.

(6) If the authority is entitled under subsection (4) to set a rate of tax under subsection (2), the authority may, by bylaw,

(a) set, as the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act, the rate of tax, in an amount that does not exceed $0.03 per litre, that the authority is authorized to set by the strategic plan that results from the approval of the supplement referred to in subsection (3) (a) of this section, and

(b) set, as the date on which that rate of tax is to take effect, a date that is

(i) at least 2 months after the date on which the bylaw is received by the director under subsection (7) of this section, and

(ii) the first day of a calendar month.

(7) If the authority passes a bylaw under subsection (6), the authority must deliver the following to the director:

(a) a copy of the bylaw;

(b) a copy of the notice referred to in subsection (3) (b) (iii);

(c) a copy of the resolution of the mayors' council on regional transportation referred to in subsection (3) (c).

(8) After delivering to the director the records referred to in subsection (7), the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act is, effective on the date set by the authority under subsection (6) (b) of this section, the rate of tax set under subsection (6) (a).

19 The following section is added:

Contracted services

29.01  If a revenue transit service is or is to be provided to the authority or a subsidiary under a contract that is in existence on the date this section comes into force, the short term fare that may be assessed for that revenue transit service may increase at the rate and in the manner set out in the contract.

20 Section 29.1 is amended

(a) in subsection (1) by striking out ' "costs associated with a designated project" ' and substituting ' "costs associated with a designated project or major crossing" ',

(b) in subsection (1) by striking out "the designated project:" and substituting "the designated project or a major crossing:",

(c) in subsections (2) and (4) (a) by striking out "designated project," and substituting "designated project or major crossing,",

(d) in subsection (2) by striking out "the designated project." and substituting "the designated project or major crossing.",

(e) in subsection (4) (b) (i) by striking out "the designated project" and substituting "the designated project or major crossing",

(f) in subsection (4) (b) (ii) by striking out "the designated project;" and substituting "the designated project or major crossing;", and

(g) in subsection (4) (f) by striking out "section 9 (3) (c)," and substituting "section 190 (3) (c),".

21 Section 30.1 is amended

(a) in subsection (1) (b) (i) by striking out "is passed," and substituting "is ratified under subsection (3),",

(b) in subsection (2) by striking out "is passed." and substituting "is ratified under subsection (3).", and

(c) by adding the following subsections:

(3) Subject to subsection (4), a bylaw made under subsection (1) does not come into force until the bylaw is ratified by a resolution of the mayors' council on regional transportation.

(4) A bylaw made under subsection (1) does not require ratification by the mayors' council on regional transportation before coming into force if the bylaw results in no change to or a decrease in the rate of tax.

22 Section 31 (1) is repealed and the following substituted:

(1) The outstanding debt obligations of the authority arising from borrowings, calculated in accordance with a regulation made under section 46 (1), must not be greater than the greatest of

(a) $1 billion 50 million,

(b) an amount proposed by a resolution of the board and ratified by a resolution of the Greater Vancouver Regional District board of directors, and

(c) an amount proposed in a supplement, if the supplement was

(i) provided to the mayors' council on regional transportation under section 202 (b), and

(ii) approved by the mayors' council on regional transportation under section 204 (b).

(1.1) Before the mayors' council on regional transportation approves a supplement that proposes an increase in the amount the authority may borrow, the mayors' council on regional transportation must consult with the Greater Vancouver Regional District board of directors.

(1.2) The following are jointly and severally liable for obligations arising under a security issued by the authority to the Municipal Finance Authority of British Columbia:

(a) the authority;

(b) the Greater Vancouver Regional District;

(c) the municipalities in the transportation service region.

23 Section 34 (3) (a) is amended by striking out "or" at the end of subparagraph (ii), by striking out "and" at the end of subparagraph (iii) and by adding the following subparagraphs:

(iv) a busway, or

(v) a major crossing, and .

24 Section 35 is amended by striking out "15 (3)" and substituting "15".

25 Section 44.1 (a) is amended by adding "a major crossing or" before "the designated project,".

26 The following section is added:

Offences

45.1  (1) The following persons commit an offence:

(a) a person who fails or refuses to obey an order of the commissioner made under this Act;

(b) a person who wilfully or negligently provides information to the commissioner that is false in any particular;

(c) a person who obstructs or interferes with the commissioner or any inspector in the exercise of rights conferred or duties imposed under this Act.

(2) Without limiting subsection (1), a person commits an offence if the person

(a) has been retained as a member of the staff of the commissioner or has been appointed as an inspector,

(b) has access to or knowledge of information procured under this Act, other than information provided at a public hearing, and

(c) without first obtaining the authorization of the commissioner, discloses that information,

unless the person makes that disclosure in accordance with the terms of this Act or is otherwise obligated at law to make that disclosure.

(3) Subsection (1) (c) does not apply if the commissioner or inspector does not, on request at the time, produce a certificate of his or her appointment or authorization.

(4) A person convicted of an offence under this section is liable to a penalty not greater than $500 000.

(5) Nothing in or done under this section affects the liability of the authority or prejudices enforcement of an order of the commissioner in any way otherwise available.

27 Section 133 is amended

(a) in subsection (1) by striking out "The authority" and substituting "Subject to subsection (1.1), the authority",

(b) by adding the following subsection:

(1.1) Despite any other provision of this Part, the authority must not assess a parking tax under subsection (1) for the purposes of any tax year after 2007. , and

(c) in subsection (4) by striking out "in each year," and substituting "of each year before 2008,".

28 Section 134 is amended

(a) in subsection (1) by striking out "of each year," and substituting "of each year before 2007,", and

(b) by repealing subsection (3) and substituting the following:

(3) The authority must maintain each parking site roll completed on or before December 31, 2006, and those parking site rolls must be available for public inspection during regular business hours at the office of the authority.

29 Section 167 (2) (c) is amended by striking out "section 9" in both places and substituting "section 190".

30 Sections 168 and 169 are repealed.

31 The following Parts are added:

Part 8 — Directors

Definitions

170 In this Part:

"eligible individual" means an individual who

(a) is not an employee, director or officer of the authority or of any of its subsidiaries,

(b) is not, and has never been, a commissioner or a deputy commissioner,

(c) does not hold elected public office of any type, and

(d) is not an employee of the government or of a municipality, regional district, trust council or greater board;

"GVTA directors" means the individuals who, on the coming into force of this section, are the directors of the authority.

Directors of the authority

171  (1) The board is to consist of

(a) the GVTA directors, until their term of office expires under section 178 (2), and

(b) after that, 9 qualified individuals appointed as directors of the authority in accordance with this Part.

(2) A director appointed under this Part may be reappointed as a director of the authority, but must not hold office for more than 6 consecutive years.

Screening panel

172  (1) On or before June 30 of each year,

(a) the minister must appoint one eligible individual,

(b) the mayors' council on regional transportation must appoint one eligible individual,

(c) the council of the Institute of Chartered Accountants of British Columbia must appoint one eligible individual,

(d) the board of directors of the Vancouver Board of Trade must appoint one eligible individual, and

(e) the Greater Vancouver Gateway Society must appoint one eligible individual,

and the persons appointed under this subsection constitute a screening panel for the year in which the appointments are made.

(2) If a member of a screening panel, other than the 2007 screening panel, dies or resigns before his or her appointment is terminated under section 181 (3), the remaining members of the screening panel must, within 30 days, appoint an eligible individual as a replacement member.

(3) No act or proceeding of the screening panel is invalid merely because the composition of the screening panel does not accord with this section.

Conflicts of interest for members of screening panel

173  (1) Subject to subsection (2), a member of a screening panel

(a) must not, directly or indirectly, have a significant beneficial interest in an operation, whether that operation is for profit or not, or in a person, or in a share, stock, bond, debenture or other security of a person, that

(i) owns or manages the operation of one or more commercial passenger vehicles or directly or indirectly has a significant beneficial interest in a person who owns or manages the operation of one or more commercial passenger vehicles,

(ii) provides, or directly or indirectly has a significant beneficial interest in a person who provides, independent transit services, or

(iii) provides parking services in the transportation service region or directly or indirectly has a significant beneficial interest in a person who provides parking services in the transportation service region,

(b) must not, directly or indirectly, have a significant beneficial interest in a device, appliance, machine, article, patent or patented process, or a part of it, that is material to the provision of transportation services in the transportation service region, or

(c) must not, directly or indirectly, have a significant beneficial interest in a contract for the provision of transportation services, including, without limitation, independent transit services, in the transportation service region.

(2) If a member of a screening panel has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a), he or she is not, merely because of that interest, in breach of this Act, unless those investments make up more than 30% of the total mutual fund or pension fund holdings.

Support for screening panel

174  (1) This section does not apply to the 2007 screening panel.

(2) Subject to this Part, the authority must

(a) provide the support services required by each screening panel for its meetings, including, without limitation,

(i) reasonably furnished facilities of a reasonable size at which meetings of the screening panel may be held,

(ii) staff for recording the proceedings and providing such assistance to the members of the screening panel as may be necessary,

(iii) materials necessary for the conduct of the meetings, and

(iv) services required for filing, keeping, maintaining and making available the screening panel's records,

(b) provide to the screening panel the funding necessary for it to satisfy its financial requirements in the fiscal year in which it is appointed, including any funding necessary for it to retain professional recruitment services, to a maximum amount to be paid in that fiscal year under this paragraph of

(i) $50 000, or

(ii) any greater amount approved by resolution of the board, and

(c) provide reimbursement and remuneration to the members of the screening panel in accordance with subsections (3) and (4).

(3) The following apply to each individual who is a member of a screening panel in any fiscal year:

(a) the member is entitled to be reimbursed by the authority for actual reasonable expenses necessarily incurred in performing his or her duties under section 176 or under sections 179 and 181, as the case may be, in that fiscal year;

(b) the member is entitled to remuneration from the authority in the amount of

(i) $5 000, or

(ii) any greater amount approved by resolution of the board,

for the performance of his or her duties under section 176 or under sections 179 and 181, as the case may be, in that fiscal year.

(4) In addition to the reimbursement and remuneration payable by the authority under subsection (3), the authority must, at the end of the term of the screening panel, provide to the individual who had been appointed as the chair of the screening panel, an honorarium of

(a) $5 000, or

(b) any greater amount that is approved by resolution of the board.

Procedures of screening panel

175  (1) The members of the screening panel must appoint one of their number as chair.

(2) Subject to this Part, each screening panel may establish its own procedures.

Role of first screening panel

176  (1) The 2007 screening panel is deemed to be a duly authorized and properly constituted screening panel for all purposes of this Act.

(2) The 2007 screening panel must provide to the mayors' council on regional transportation a list of at least 15 qualified individuals to be considered for appointment as directors of the authority.

(3) Promptly after performing its duties under subsection (1), the 2007 screening panel must,

(a) recommend the remuneration to which a director of the authority is entitled and the terms on which it is to be paid, and

(b) provide to the authority all of the 2007 screening panel's records.

(4) After the 2007 screening panel has performed its duties under subsections (1) and (2), the appointments of the members of the 2007 screening panel are terminated in accordance with the terms of the contracts referred to in the definition of "2007 screening panel" and, with that termination, the 2007 screening panel is disestablished.

Mayors' council on regional transportation
to appoint first 9 directors

177  (1) The mayors' council on regional transportation must, on or before December 31, 2007, appoint as directors of the authority 9 of the nominees named in the list provided to them under section 176 (1) as follows:

(a) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2008;

(b) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2009;

(c) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2010.

(2) For the purpose of making appointments under this section, each member of the mayors' council on regional transportation has one vote.

(3) Subject to section 178 (1), if the mayors' council on regional transportation appoints nominees referred to in subsection (1) of this section as directors of the authority, those appointees take office as directors of the authority for the terms provided for them in those appointments.

(4) If, despite subsection (1), the mayors' council on regional transportation appoints none or fewer than 3 of the nominees as directors of the authority within the time required, the nominees named in the list referred to in section 176 (1) are appointed as directors of the authority as follows:

(a) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation appoints as directors of the authority 2 of the nominees named in the list referred to in section 176 (1), the first nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008;

(b) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation appoints as a director of the authority one of the nominees named in the list referred to in section 176 (1),

(i) the first nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2009, and

(ii) the 2nd nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008;

(c) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation does not appoint as directors of the authority any of the nominees named in the list referred to in section 176 (1),

(i) the first nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2010,

(ii) the 2nd nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2009, and

(iii) the 3rd nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008.

When first board of South Coast British Columbia
Transportation Authority assumes office

178  (1) The individuals appointed as directors of the authority under section 177 take office as directors of the authority at the beginning of the day on January 1, 2008.

(2) The term of office of the GVTA directors expires at the end of the day on December 31, 2007.

Subsequent directors

179  (1) On or before September 15 of each year after 2007, the screening panel appointed in that year must provide to the mayors' council on regional transportation a list of at least 5 qualified individuals to be considered for appointment as directors of the authority.

(2) The mayors' council on regional transportation must, within 45 days after receiving the list referred to in subsection (1), appoint 3 of those nominees as directors of the authority.

(3) For the purpose of making appointments under this section, each member of the mayors' council on regional transportation has one vote.

(4) If the mayors' council on regional transportation appoints any of the nominees referred to in subsection (1) as directors of the authority, those appointees hold office as directors of the authority in accordance with subsection (5), but if, despite subsection (2), the number of directors of the authority in the following year will, without this subsection, be less than 3, the following appointments are made:

(a) if the number of directors of the authority in the following year will be zero, the first 3 nominees named on the list referred to in subsection (1) are appointed as directors of the authority;

(b) if the number of directors of the authority in the following year will be one, the first 2 nominees named on the list referred to in subsection (1) who are not nominees appointed by the mayors' council on regional transportation are appointed as directors of the authority;

(c) if the number of directors of the authority in the following year will be 2, the first nominee named on the list referred to in subsection (1) who is not a nominee appointed by the mayors' council on regional transportation is appointed as a director of the authority.

(5) The individuals appointed as directors of the authority under subsection (2) or (4) in a fiscal year hold office as directors of the authority from the beginning of the day on January 1 of the following fiscal year to the end of the day on the 3rd December 31 following the beginning of the directors' terms.

Considerations of screening panel

180  (1) In selecting the individuals to be nominated under section 179 (1), the screening panel must, after considering the skills and experience profile set out in the articles of the authority, nominate individuals who the screening panel determines are qualified individuals holding the skills and experience needed to oversee the operation of the authority in an efficient and cost effective manner.

(2) When making a recommendation under section 176 (2) (a) or an order under section 181 (1) (a), a screening panel must take into consideration the remuneration that is appropriate given the services provided by the directors to the authority and the time and attention the directors are required to devote for that purpose.

Duties of screening panel

181  (1) Promptly after performing its duties under section 179 (1), and, in any event, on or before September 15 of the year in which it is established, a screening panel appointed after 2007

(a) may, by order, vary a recommendation or order made by a previous screening panel respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid, and

(b) must provide to the authority all of the screening panel's records.

(2) The minister may extend the date referred to in subsection (1) if requested to do so by the screening panel.

(3) After the screening panel has performed its duties under section 179 (1) and subsection (1) (b) of this section, the appointments of the members of the screening panel are terminated and the screening panel is disestablished.

Recommendations and orders for remuneration

182  In making recommendations under section 176 (2) or orders under section 181 (1) (a) respecting the remuneration to which a director of the authority is entitled and the terms on which the remuneration is to be paid, the screening panel may make recommendations or orders, as the case may be, providing for different remuneration for persons participating in different capacities within the board, including, without limitation, as chair of the board, as chair of a committee of directors of the authority and as chair of any meeting of the board or a committee of directors of the authority, and in different situations relating to the board or the authority, including, without limitation, for participation on committees of directors of the authority or advisory committees.

Conflicts of interest for directors

183  (1) Subject to subsection (6), a director of the authority who, in any way, directly or indirectly, has

(a) a significant beneficial interest in an operation, whether that operation is for profit or not, or in a person, or in a share, stock, bond, debenture or other security of a person, that

(i) owns or manages the operation of one or more commercial passenger vehicles or directly or indirectly has a significant beneficial interest in a person who owns or manages the operation of one or more commercial passenger vehicles,

(ii) provides, or directly or indirectly has a significant beneficial interest in a person who provides, independent transit services, or

(iii) provides parking services in the transportation service region or directly or indirectly has a significant beneficial interest in a person who provides parking services in the transportation service region,

(b) a significant beneficial interest in a device, appliance, machine, article, patent or patented process, or a part of it, that is material to the provision of transportation services in the transportation service region, or

(c) a significant beneficial interest in

(i) a contract for the provision of transportation services, including, without limitation, independent transit services, in the transportation service region, or

(ii) any contract, other than an indemnity referred to in section 189 or a contract of insurance referred to in section 189, to which the authority or a subsidiary is a party

must disclose the nature and extent of the interest.

(2) The disclosure required of a director of the authority under subsection (1) must be made

(a) promptly after he or she becomes aware that he or she has an interest under subsection (1), and

(b) by a record

(i) the original of which is deposited in the authority's head office, and

(ii) a copy of which is provided to each of the other directors.

(3) A director of the authority who has an interest described in subsection (1) must,

(a) if the director has an interest described in subsection (1) (a) or (c) (i),

(i) immediately after becoming aware of that fact, refrain, until he or she has complied with subparagraph (ii) (A) of this paragraph, from

(A) exercising any of his or her powers or duties under this Act, including, without limitation, participating in or voting at any meeting of the directors of the authority or of a committee of the directors of the authority,

(B) communicating to any of the other directors of the authority in relation to the matter in relation to which the interest exists, and

(C) influencing in any way a decision or action to be made by the authority in relation to the matter in relation to which the interest exists, and

(ii) promptly after becoming aware of that fact,

(A) eliminate the circumstances that resulted in him or her having that interest, or

(B) resign as director of the authority, or

(b) if the director has an interest described in subsection (1) (b) or (c) (ii), immediately after becoming aware of that fact, refrain from

(i) participating in or voting at any meeting of the directors of the authority or of a committee of the directors of the authority in relation to the matter in relation to which the interest exists,

(ii) communicating to any of the other directors of the authority in relation to the matter in relation to which the interest exists, and

(iii) influencing in any way a decision or action to be made by the authority in relation to the matter in relation to which the interest exists.

(4) If a director of the authority has an interest described in subsection (1) (a) or (c) (i) and does not comply with subsection (3) (a) (ii) within 3 months after becoming aware of having that interest, the other directors of the authority must remove that director from office.

(5) The use or purchase in the transportation service region by a director of the authority, for personal or domestic purposes, of parking services or a means of conveyance is not a contravention of this section and does not disqualify the director from acting under this Act.

(6) A director of the authority who has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a) is not, merely because of that interest,

(a) required to disclose that interest under subsection (1), and

(b) subject to subsection (3) or (4),

unless those investments make up more than 30% of the total mutual fund or pension fund holdings.

(7) Without limiting any provision of this section and despite section 2 (2), section 124 (1) and (2) of the Business Corporations Act applies to the authority.

Directors' remuneration

184  The directors of the authority are entitled to remuneration in accordance with the articles of the authority.

Articles

185  (1) The first board of directors appointed under this Part must, within 120 days after taking office, amend the articles of the authority to

(a) include a skills and experience profile to set out the skills and experience that must be represented on the board, and

(b) include the details set out in the recommendations of the 2007 screening panel under section 176 (2) (a) respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid.

(2) The board must not amend the articles to revise the details included in the articles under subsection (1) (b) of this section respecting remuneration unless a screening panel makes an order under section 181 (1) (a), and, in the event of a screening panel order under section 181 (1) (a), the board must amend the articles to reflect the details set out in that order.

(3) Subject to subsection (2) of this section, the board may amend the articles from time to time.

(4) At least 30 days before a replacement of or an amendment to the articles is to take effect, the board must publish the proposed replacement articles or amendment

(a) on the authority's website in such a manner that the proposed replacement articles or amendment can be accessed without charge by any member of the public wishing to access the proposed replacement articles or amendment, and

(b) in another manner that the board is satisfied will bring the proposed replacement articles or amendment to the attention of the public in the transportation service region.

(5) Promptly after the 30 day period referred to in subsection (4) has expired, the authority must

(a) deposit the published proposed replacement articles or amendment in the authority's head office, and

(b) indicate on that record the date and time of its deposit,

and the replacement articles or amendment takes effect on that deposit.

Factors to be considered in appointments

186  When appointing directors of the authority under this Part, the mayors' council on regional transportation must,

(a) in appointing the first board of directors to be appointed under this Part, endeavour to select appointees in such a manner that the directors of the authority are qualified individuals who, as a group, hold all of the skills and experience needed to oversee the operation of the authority in an efficient and cost-effective manner, and

(b) in appointing subsequent directors of the authority, endeavour to select appointees in such a manner that the directors of the authority are qualified individuals who, as a group, hold all of the skills, and all of the experience, identified in the current skills and experience profile set out in the articles of the authority.

Removal of directors

187  A director of the authority, other than a GVTA director, is removed as, and ceases to be, a director of the authority on the passing of a resolution to that effect by all of the remaining directors of the authority.

Replacement of directors

188  (1) If a director of the authority dies, resigns or is removed, the remaining directors of the authority must, within 90 days, appoint as a replacement director a qualified individual whose appointment accords with the requirements of section 186.

(2) A replacement director appointed under this section holds office until the end of the term of office of the replaced director.

Indemnification

189  (1) The authority may indemnify a person who is a director or former director of the authority, and the person's heirs and personal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, actually and reasonably incurred by the person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a director of the authority, including an action brought by the authority, if

(a) the person acted honestly and in good faith with a view to the best interests of the authority, and

(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful.

(2) The authority may purchase and maintain insurance for the benefit of a person referred to in this section against any liability incurred by the person as a director of the authority.

Responsibilities of the board

190  (1) The board must appoint, from among its directors, a chair of the board for a term expiring on the earlier of

(a) the effective date of his or her resignation, and

(b) the end of the day on the date on which the chair's term of office as a director of the authority expires.

(2) The board must appoint a chief executive officer of the authority and, subject to section 11, must establish his or her terms and conditions of employment.

(3) The board must supervise the management of the affairs of the authority and may, unless otherwise provided in this Act, by resolution,

(a) exercise the powers and duties of the authority and the powers and duties conferred on the board under this Act,

(b) establish a plan of organization to carry out the powers and duties of the authority,

(c) delegate to a person employed by the authority or to a subsidiary the exercise of a power of the authority, other than a power described in section 5, 6 (2) (a), (b) or (c), (3), (4) or (5) (a) or (b), 17, 18, 19, 22, 24, 25, 27.1, 28, 29, 29.1, 30.1 or 46 (4) or in Part 7,

(d) delegate a duty of the authority to

(i) a person employed by the authority,

(ii) a subsidiary, or

(iii) a contractor of the authority,

(e) establish committees of directors of the authority and delegate to those committees the powers and duties of the board, except

(i) the power to appoint a chair,

(ii) the power to appoint a chief executive officer, or

(iii) the power to delegate a power of the board,

(f) establish rules of procedure for the conduct of meetings of, and rules of conduct for,

(i) the board,

(ii) the authority,

(iii) any committee of directors established by the board, and

(iv) any advisory committee appointed under section 6 (2) (e),

(g) subject to section 15 (7) of this Act,

(i) establish subsidiaries under the Business Corporations Act, or acquire subsidiaries, to carry out the authority's purpose and responsibilities,

(ii) appoint the boards and chairs of those subsidiaries,

(iii) establish rules of conduct for the boards of those subsidiaries, and

(iv) review and approve the annual operating budgets of those subsidiaries, and

(h) establish guidelines for the payment by the authority of

(i) reimbursement to its directors for expenses incurred in the discharge of their duties, and

(ii) fees to its directors and to the chair of the board for performing their respective duties.

(4) A resolution of the directors of the authority, if approved by the required number of directors by telex, telegraph, facsimile or other electronic transmission, telephone or any other similar means of communication and confirmed in writing or other graphic communication, is as valid and effectual as if it had been passed at a meeting of the directors of the authority properly called and constituted.

(5) The directors of the authority must publish the location of the authority's head office

(a) on the authority's website in such a manner that information respecting the location can be accessed without charge by any member of the public wishing to access that information, and

(b) in another manner that the directors are satisfied will bring the location of the authority's head office to the attention of the public in the transportation service region.

(6) No act or proceeding of the directors of the authority is invalid merely because the composition of the board does not accord with this Part.

Duties of directors

191  (1) A director of the authority, when exercising the powers and performing the functions of a director of the authority must

(a) act honestly and in good faith with a view to the best interests of the authority,

(b) exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances,

(c) act in accordance with this Act and the regulations, and

(d) subject to paragraphs (a) to (c), act in accordance with the articles of the authority.

(2) This section is in addition to, and not in derogation of, any enactment or rule of law or equity relating to the duties or liabilities of directors of a corporation.

(3) No provision in a contract or the articles relieves a director of the authority from

(a) the duty to act in accordance with this Act and the regulations, or

(b) liability that by virtue of any enactment or rule of law or equity would otherwise attach to that director in respect of any negligence, default, breach of duty or breach of trust of which the director may be guilty in relation to the authority.

Part 9 — Planning Requirements

Definitions

192  In this Part:

"applicable year", in relation to a base plan or a supplement, means one of the 10 fiscal years to which the base plan or supplement applies;

"established borrowing limits", in relation to a base plan, means, for each applicable year, the borrowing limits that are authorized for that year by

(a) the strategic plan that is in effect in the base plan preparation year, or

(b) if there is no strategic plan, or if the strategic plan does not expressly authorize borrowing limits, the borrowing limits most recently ratified by the Greater Vancouver Regional District board of directors under section 31 (1);

"established funding resources", in relation to a base plan, means, for each applicable year,

(a) the revenue from transaction taxes that may be generated by applying the tax rates set out for that year in the base plan in accordance with section 195,

(b) the revenue from property taxes that may be reflected for that year in the base plan in accordance with section 196,

(c) the revenue from short term fares that may be generated by applying the short term fares set out for that year in the base plan in accordance with section 197, and

(d) any other revenue the authority anticipates it will receive in that year;

"major capital project" means a capital project that is estimated to require at least $50 million towards the capital cost of the project;

"transaction tax" means any tax, other than property tax, that is or may be imposed by the authority under this Act, and includes a motor vehicle charge under section 29 (3).

Long term strategy

193  (1) The authority must prepare a long term strategy setting out, for a period of not less than the 30 years following the year in which the long term strategy is prepared,

(a) the authority's goals and directions for the regional transportation system over the period to which the long term strategy applies,

(b) a description of key initiatives and other measures the authority anticipates will be needed in that period to achieve the goals referred to in paragraph (a), and

(c) a statement of the principles underlying the long term strategy.

(2) The authority must submit the long term strategy prepared under subsection (1) to the mayors' council on regional transportation,

(a) for the first long term strategy, on or before August 1, 2008, and

(b) after that, on or before August 1 of every 5th year after 2008.

(3) In preparing a long term strategy, the authority must consider

(a) regional land use objectives,

(b) provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives, and

(c) anticipated population growth in, and economic development of, the transportation service region.

(4) Before completing the first long term strategy under subsection (1), the authority must consult

(a) with the persons referred to in a consultation plan adopted by the board, and

(b) in a manner consistent with that plan.

(5) Before completing a long term strategy under subsection (1), other than the first long term strategy, the authority must consult with

(a) the Greater Vancouver Regional District,

(b) the public in the transportation service region,

(c) the local governments having jurisdiction over the municipalities in or adjacent to the transportation service region,

(d) agencies of the government and agencies of the government of Canada involved in providing or facilitating transportation of people or goods in the transportation service region,

(e) the minister, and

(f) any other persons the authority considers appropriate.

(6) After completing a long term strategy under this section, the authority must

(a) deposit a copy of the long term strategy in its head office for retention in accordance with section 13.3 (1) (g), and

(b) publish the long term strategy on the authority's website in such a manner that that long term strategy can be accessed without charge by any member of the public wishing to access it.

(7) A failure in relation to a long term strategy to comply with the consultation requirements under subsection (4) or (5) does not invalidate the long term strategy as long as the authority has made a reasonable attempt to consult in accordance with subsection (4) or (5), as the case may be.

Base plans

194  (1) In each fiscal year after 2007, after undertaking the consultations referred to in section 15 (3.1), the authority must prepare a plan that meets the requirements of this section.

(2) Each base plan prepared by the authority must set out how the authority proposes, for each applicable year, to

(a) provide transportation services in the transportation service region,

(b) manage transportation demand in the transportation service region, and

(c) meet all the authority's financial requirements

by

(d) using only

(i) established funding resources, and

(ii) funding resources accumulated from previous years, and

(e) borrowing within established borrowing limits.

(3) For the purposes of subsection (2), a base plan must do the following for each applicable year:

(a) identify the transportation services the authority plans to provide in that year and the levels at which those services are planned to be provided;

(b) identify the major capital projects the authority plans to engage in for or in relation to which expenditures will be required in that year;

(c) estimate the money the authority will be required to pay in that year to fund

(i) the transportation services referred to in paragraph (a) of this subsection,

(ii) the major capital projects referred to in paragraph (b), and all other capital projects, and

(iii) all other anticipated expenditures;

(d) set out the total amount of revenue the authority anticipates it will receive in that year from each of the following:

(i) all transaction taxes referred to in section 195;

(ii) all property taxes referred to in section 196;

(iii) all short term fares referred to in section 197;

(iv) all other user fees referred to in section 198;

(v) all tolls referred to in section 199;

(vi) all contributions from the government or the government of Canada, or any agency of either of those governments;

(vii) all other revenue the authority anticipates it will receive in that year;

(e) estimate the borrowing the authority expects to undertake in that year within established borrowing limits.

(4) The base plan must, for each applicable year, reflect planned expenditures for that year under subsection (3) (c) that are not, in total, greater than the total of

(a) revenue and borrowing for that year referred to in subsection (3) (d) and (e), and

(b) funding resources accumulated from previous years.

Base plan calculations of transaction taxes

195  (1) The base plan prepared in 2008 must

(a) set out for each transaction tax imposed by the authority in 2008, the tax rate that applied to that transaction tax in 2008, and

(b) for each of the applicable years,

(i) set out for each of those transaction taxes, a tax rate that is not greater than the tax rate that applied to that transaction tax in 2008, and

(ii) reflect, as the total revenue that may be raised by the authority from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that applicable year by applying the tax rate set out for that transaction tax under subparagraph (i).

(2) Each base plan prepared after 2008 must,

(a) for each of the first 9 applicable years,

(i) set out for each transaction tax that the authority proposes to assess in that applicable year, a tax rate that is not greater than the tax rate authorized for that transaction tax for that applicable year by the strategic plan that is in effect in the base plan preparation year, and

(ii) reflect, as the total revenue that may be raised by the authority in that applicable year from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that applicable year by applying the tax rate set out for that transaction tax for that applicable year under subparagraph (i), and

(b) for the 10th applicable year,

(i) set out for each transaction tax that the authority proposes to assess in that 10th applicable year, a tax rate that is not greater than the tax rate authorized for that transaction tax for the 9th applicable year by the strategic plan that is in effect in the base plan preparation year, and

(ii) reflect, as the total revenue that may be raised by the authority in that 10th applicable year from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that 10th applicable year by applying the tax rate set out for that transaction tax for that 10th applicable year under subparagraph (i).

(3) Subject to section 16 (3), the authority must not, for any applicable year, assess a transaction tax at a tax rate greater than the tax rate set out for that transaction tax for that applicable year in the base plan unless that greater tax rate is proposed for that applicable year in a supplement under section 200 and the supplement is approved by the mayors' council on regional transportation under section 204.

Base plan calculations of property taxes

196  (1) The base plan prepared in 2008 must, for each applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, an amount that is not greater than the sum of

(a) 103% of the total revenue that the base plan contemplates is to be raised from standard property taxes in the year before that applicable year, and

(b) $18 million.

(2) Each base plan prepared after 2008 must,

(a) for each of the first 9 applicable years, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, the total property tax revenue contemplated for that applicable year by the strategic plan that is in effect in the base plan preparation year, and

(b) for the 10th applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that 10th applicable year, an amount that is not greater than the sum of

(i) 103% of the total revenue that the strategic plan that is in effect in the base plan preparation year contemplates is to be raised from standard property taxes in the 9th applicable year, and

(ii) $18 million.

(3) Subject to section 16 (3), the authority must not, for any applicable year, assess property taxes in such a way that the total amount of revenue raised by the authority from property taxes in that year is greater than the total revenue amount reflected for that year in the base plan unless that greater property tax revenue is proposed for that year in a supplement under section 200 and the supplement is approved by the mayors' council on regional transportation under section 204.

Base plan calculations of short term fares

197  (1) The base plan prepared in 2008 must

(a) set out for each revenue transit service provided by the authority in 2008, the short term fare assessed for that revenue transit service in 2008, and

(b) for each of the applicable years,

(i) set out for each of those revenue transit services, a short term fare that is not greater than the targeted fare applicable to that revenue transit service in that applicable year, and

(ii) reflect, as the total revenue that may be raised by the authority in that applicable year from each revenue transit service, the total revenue that the authority anticipates it will raise in that applicable year by applying the short term fare set out for that revenue transit service under subparagraph (i).

(2) Each base plan prepared after 2008 must, for each applicable year,

(a) set out, as the short term fare to be assessed for each revenue transit service in that applicable year, a short term fare that is not greater than

(i) the targeted fare applicable to that revenue transit service in that applicable year, or

(ii) any greater short term fare authorized under section 29.01 or approved under section 223 for that revenue transit service, and

(b) reflect, as the total revenue that may be raised by the authority in that applicable year from each revenue transit service, the total revenue that the authority anticipates it will raise in that applicable year by applying the short term fare set out for that revenue transit service for that applicable year under paragraph (a) of this subsection.

(3) Subject to section 223 (11), the authority must not, for any applicable year, assess a short term fare for a revenue transit service in an amount that is greater than the short term fare set out for that revenue transit service for that year in the base plan, or assess a first-time short term fare for a revenue transit service, unless that short term fare is approved by the commissioner under section 223.

Base plan references to other user fees

198  The base plan must, for each of the authority's user fees referred to in section 29 (2) that is not a short term fare, set out

(a) the amount assessed for that user fee in the base plan preparation year, and

(b) the amount that the authority proposes to assess for that user fee in the applicable year.

Base plan references to tolls

199  The base plan must

(a) set out

(i) the project toll charges that the authority is authorized, by a bylaw that is in force under section 29 (5) or (6), to assess in the base plan preparation year, and

(ii) the designated tolls that the authority is authorized, by a bylaw that is in force under section 29.1 (5) or (6), to assess in the base plan preparation year,

(b) for each of the applicable years, set out

(i) the project toll charges that the authority is authorized, by a bylaw that is in force under section 29 (5) or (6) in the base plan preparation year, to assess in that applicable year, and

(ii) the designated tolls that the authority is authorized, by a bylaw that is in force under section 29.1 (5) or (6) in the base plan preparation year, to assess in that applicable year, and

(c) for each of the applicable years, reflect the total revenue that may be raised by the authority from those tolls in that applicable year.

Supplements

200  (1) In addition to preparing a base plan, the authority may, after undertaking the consultations referred to in section 15 (3.1), prepare one or more supplemental plans.

(2) A supplemental plan prepared in relation to a base plan

(a) may contemplate, for each applicable year,

(i) the additions, enhancements or other changes, if any, that the authority proposes be made to the services contemplated for that year by the base plan,

(ii) the additions, enhancements or other changes, if any, that the authority proposes be made to the capital projects contemplated for that year by the base plan, and

(iii) the additional initiatives, if any, that the authority proposes to undertake in addition to those contemplated by the base plan, and

(b) must indicate, for each applicable year,

(i) the increased expenditures, if any, that the authority anticipates will be required in that year

(A) to allow the authority to comply with the requirements set out in the base plan under section 194 (2) (a) to (c) for that year, and

(B) if the supplemental plan proposes any additions, enhancements, changes or additional initiatives under paragraph (a) of this subsection, to allow the authority to provide, perform or undertake those additions, enhancements, changes or additional initiatives,

(ii) how the authority proposes to obtain the funds needed to meet those increased expenditures in that year and,

(A) if it is proposed to increase, in any year, a rate of a transaction tax referred to in section 195 to an amount that is greater than that set out in the base plan for that year under that section, set out the proposed new tax rate,

(B) if it is proposed to increase the amount of standard property tax revenue that the authority may realize in any year to an amount that is greater than that set out in the base plan for that year under section 196, set out the total amount of standard property tax revenue that is proposed for that year, and

(C) if it is proposed to increase, in any year, a short term fare referred to in section 197 to an amount that is greater than that set out in the base plan for that year under that section, or to impose a first-time short term fare in that year, set out the proposed increased or new short term fare,

(iii) the total amount of revenue that the authority anticipates it will receive in that year if the funding increases proposed under subparagraph (ii) of this paragraph take effect, and

(iv) any increase in established borrowing limits that the authority anticipates will be required for or as a result of the increased expenditures referred to in paragraph (b) (i) of this subsection.

(3) The authority must ensure that the expenditures contemplated by each supplemental plan can be fully funded by

(a) the forecast revenue referred to in subsection (2) (b) (iii),

(b) borrowing within the established borrowing limits, or, if an increase is proposed in those borrowing limits under subsection (2) (b) (iv), within those new proposed borrowing limits, and

(c) the funding resources accumulated from previous fiscal years.

Considerations in preparing plans

201  (1) The authority must prepare its base plan and any supplement in such a manner that any resulting strategic plan will

(a) identify the major actions that the authority plans to undertake during the period to which the strategic plan applies, and

(b) set out the relationship between the major actions planned by the authority and

(i) the regional growth strategy,

(ii) provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives,

(iii) anticipated population growth in, and economic development of, the transportation service region, and

(iv) the authority's current long term strategy.

(2) In preparing its base plan and any supplements, the authority must be guided by the authority's current long term strategy.

Distribution of plans

202  On or before August 1 of each year after 2007, the authority must provide the following to the commissioner and the mayors' council on regional transportation:

(a) the authority's base plan for the following 10 fiscal years;

(b) any supplements to the base plan;

(c) all bylaws and resolutions proposed or passed by the directors of the authority in relation to revenue measures and borrowing limits as they relate to the base plan and any supplement.

Commissioner review

203  Within 30 days after receiving the material referred to in section 202, the commissioner must review the material and provide to the authority and to the mayors' council on regional transportation,

(a) a report indicating

(i) whether, in his or her opinion, the parameters and assumptions, including, without limitation, the expenditure and revenue estimates, set out in the base plan and all supplements proposed in relation to it are reasonable, and

(ii) if a supplement proposes a supplementary fare increase or the assessment of a first-time short term fare for a revenue transit service, a preliminary indication as to whether the commissioner considers the supplementary fare increase or first-time short term fare, as the case may be, to be appropriate and reasonable, and

(b) if a supplement proposes a fuel tax rate increase under section 27.1 and the commissioner makes the determination referred to in section 27.1 (3) (b) (iii), the notice referred to in section 27.1 (3) (b) (iii).

Mayors' council on regional transportation review

204  The mayors' council on regional transportation

(a) must review and consider the material provided to it under sections 202 and 203,

(b) may, by resolution, approve or reject any supplement, and

(c) on or before October 31 of the year in which that material is provided to it, must provide to the authority a copy of any resolution passed under paragraph (b) of this section.

New or increased short term fares

205  (1) The fact that the mayors' council on regional transportation approves a supplement referred to in section 203 (a) (ii) does not remove from the authority the obligation to obtain from the commissioner, under section 223, approval of the supplementary fare increase or first-time short term fare contemplated by the supplement before implementing that increase or assessing that first-time short term fare.

(2) The preliminary indication expressed by the commissioner under section 203 (a) (ii) is not binding on the commissioner in any application under section 223, and, without limiting this, the commissioner need not, in considering an application under section 223, refer to or accord with the preliminary indication expressed under section 203 (a) (ii) in relation to the subject matter of the application.

Strategic plans

206  (1) The strategic plan of the authority in a fiscal year is the base plan prepared in the previous fiscal year if

(a) no supplements were provided to the mayors' council on regional transportation with that base plan under section 202 (b),

(b) the mayors' council on regional transportation rejected, under section 204, all supplements provided with that base plan, or

(c) the mayors' council on regional transportation failed to provide to the authority under section 204 (c) on or before October 31 of the base plan preparation year any resolution approving a supplement provided with that base plan.

(2) If one or more supplements were provided to the mayors' council on regional transportation with a base plan under section 202 (b) and the mayors' council on regional transportation provided to the authority, on or before October 31 of the base plan preparation year, a copy of a resolution under section 204 (c) approving one or more of those supplements,

(a) the strategic plan of the authority in the fiscal year following the base plan preparation year is, subject to paragraph (b) of this subsection, the base plan as amended by the approved supplements, or

(b) if an approved supplement reflects a proposal for a supplementary fare increase or for the assessment of a first-time short term fare, the strategic plan of the authority in the fiscal year following the base plan preparation year is,

(i) until the commissioner approves an application under section 223 for the supplementary fare increase or the assessment of the first-time short term fare, the base plan as amended by the provisions of all approved supplements other than those provisions that propose, or any portion of those provisions that proposes, the supplementary fare increase or first-time short term fare, and

(ii) if the commissioner approves, in whole or in part, an application under section 223 for the supplementary fare increase or the assessment of the first-time short term fare, the strategic plan referred to in subparagraph (i) of this paragraph as amended under subsection (3).

(3) If an application is made to the commissioner under section 223 for a supplementary fare increase or for the assessment of a first-time short term fare, the strategic plan of the authority under subsection (1) or (2) (b) (i) of this section is amended to reflect the commissioner's decision, effective on the latest of

(a) the date that the report of the commissioner setting out the commissioner's decision on the application is provided to the authority under section 223 (10),

(b) the beginning of the fiscal year in relation to which the supplementary fare increase or the assessment of a first-time short term fare is to apply, and

(c) the date specified by the commissioner under section 223 (9) as the date on which the supplementary fare increase or the assessment of a first-time short term fare is to take effect.

Service, capital and operational plans and policies

207  The authority must ensure that all service, capital and operational plans and policies of the authority and its subsidiaries having effect after 2008 are consistent with the authority's strategic plan.

Part 10 — Mayors' Council on Regional Transportation

Mayors' council on regional transportation established

208  There is established a mayors' council on regional transportation consisting of each individual who is a mayor of a municipality in the transportation service region.

Regional considerations

209  (1) Each member of the mayors' council on regional transportation must,

(a) when exercising his or her powers and duties under this Act, consider the interests of the transportation service region as a whole, and

(b) make the following oath or solemn affirmation within 45 days after becoming a member:

I, ............................................... [insert member's name], do swear/solemnly affirm that:

1 I will truly, faithfully and impartially, to the best of my knowledge, skills and ability, execute the office of member of the mayors' council on regional transportation.

2 I will, when exercising my powers and duties under the South Coast British Columbia Transportation Authority Act as a member of the mayors' council on regional transportation, consider the interests of the transportation service region as a whole.

Sworn/Affirmed by me, at ......................... [place], on ............... [date].

................................................................................
[Signature of person swearing/affirming oath]

................................................................................
[Signature of person administering oath]

(2) The oath or solemn affirmation under subsection (1) (b) must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia or the chief election officer, and the person making the oath or solemn affirmation must obtain the completed oath or solemn affirmation or a certificate of it from the person administering it.

(3) A member of the mayors' council on regional transportation must not exercise any power or duty of a member of that body, and is not entitled to any remuneration or expenses under this Act, until that individual produces the completed oath or solemn affirmation or the certificate of it to the corporate secretary of the authority.

Meetings

210  (1) The mayors' council on regional transportation must meet as needed to perform its duties under this Act and, in any event, not less frequently than 4 times annually.

(2) The mayors' council on regional transportation and any committee of that body may exclude the public from all or any part of any of its meetings if the mayors' council on regional transportation or the committee, as the case may be, is of the opinion that

(a) the desirability of avoiding disclosure in the interests of any person or in the public interest outweighs the desirability of holding the meeting in a manner that it is open to the public, or

(b) it is not practicable to hold the meeting in a manner that it is open to the public.

(3) If a mayor is unable to attend a meeting of the mayors' council on regional transportation, the mayor may appoint, as a delegate, a member of his or her municipal council to attend and act on that mayor's behalf at that meeting, but nothing in this subsection allows the chair of the mayors' council on regional transportation to appoint a delegate to act as chair of the mayors' council on regional transportation.

(4) A delegate appointed under subsection (3) must, when exercising his or her powers and duties under that subsection, consider the interests of the transportation service region as a whole.

Proceedings of mayors' council on regional transportation

211  (1) The members of the mayors' council on regional transportation

(a) must appoint one of their number as chair, and

(b) may, subject to this Part, otherwise establish their own procedures.

(2) Subject to section 177 (2), 179 (3) or 217 (2), each member of the mayors' council on regional transportation has, in relation to any issue that is voted on by the mayors' council on regional transportation, the right to cast one vote for every 20 000, or portion of that number, of the population of the municipality of which the member is the mayor, as that population is determined in the most recently available Census of Canada.

Provision of records to mayors' council on
regional transportation

212  (1) A record is provided to the mayors' council on regional transportation when it is addressed to the mayors' council on regional transportation and provided to any mayor who is a member of the mayors' council on regional transportation.

(2) A mayor who receives a record under subsection (1) must promptly provide a copy of it to every other mayor who is a member of the mayors' council on regional transportation.

Support for mayors' council on regional transportation

213  (1) Subject to this Part, the authority is responsible for paying to the mayors' council on regional transportation the money necessary to satisfy all of the reasonable expenses associated with the operation of the mayors' council on regional transportation.

(2) Without limiting subsection (1), the authority must

(a) provide the support services required by the mayors' council on regional transportation for its meetings, including, without limitation,

(i) reasonably furnished facilities of a reasonable size at which meetings of the mayors' council on regional transportation may be held,

(ii) staff for recording the proceedings and providing such assistance to the members of the mayors' council on regional transportation as may be necessary,

(iii) materials necessary for the conduct of the meetings, and

(iv) services required for filing, keeping, maintaining and making available the records of the mayors' council on regional transportation,

(b) subject to subsection (3), reimburse members of the mayors' council on regional transportation for any payments made by them that the mayors' council on regional transportation has, by resolution, determined were necessary for

(i) the mayors' council on regional transportation to perform its duties under this Act, or

(ii) one or more of the members of the mayors' council on regional transportation to perform their duties under this Act, and

(c) provide reimbursement and remuneration to the members of the mayors' council on regional transportation in accordance with subsections (4) and (5).

(3) The maximum amount of money that may be paid by the authority for reimbursements under subsection (2) (b) in any fiscal year of the authority is 0.02% of the authority's gross revenue in the previous fiscal year.

(4) The following apply to each member of the mayors' council on regional transportation:

(a) the member, or, if a delegate is appointed under section 210 (3), the delegate, is entitled to be reimbursed by the authority for his or her actual reasonable expenses necessarily incurred in attending any meeting of

(i) the mayors' council on regional transportation, or

(ii) any committee of the mayors' council on regional transportation;

(b) for each day, to a maximum of 10 days in each fiscal year, on which the member or a delegate appointed for that member under section 210 (3) attends a meeting referred to in paragraph (a) of this subsection, the member or delegate is entitled to remuneration from the authority for that day equal to,

(i) in 2007, $500, and

(ii) after 2007, the daily amount payable under this paragraph for the previous fiscal year increased by a rate equal to the increase in the British Columbia consumer price index over that previous fiscal year.

(5) In addition to the reimbursement and remuneration payable by the authority under subsection (4), the authority must, at the end of each fiscal year, provide to each individual who had been appointed as the chair of the mayors' council on regional transportation in that fiscal year, an honorarium equal to that fraction of $5 000 that the number of days in that individual's tenure as chair in that year bears to the number of days in that year.

Indemnification

214  (1) The authority may indemnify a person who is a member or former member of the mayors' council on regional transportation, and the person's delegate under section 210 (3), heirs and personal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, actually and reasonably incurred by the person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a member of the mayors' council on regional transportation, or being or having been a delegate of a member of the mayors' council on regional transportation under section 210 (3), including an action brought by the authority, if

(a) the person acted honestly and in good faith, and

(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful.

(2) The authority may purchase and maintain insurance for the benefit of a person referred to in this section against any liability incurred by the person as a member of the mayors' council on regional transportation.

Part 11 — Regional Transportation Commissioner

Division 1 — Appointment of Regional Transportation
Commissioner and Deputies

Commissioner and deputy commissioners

215  (1) The mayors' council on regional transportation must appoint a qualified individual who is not a director of the authority as the Regional Transportation Commissioner and may appoint not more than 2 qualified individuals as deputy commissioners.

(2) Deputy commissioners must, on the request of the commissioner, provide to the commissioner such assistance in the exercise of the commissioner's powers or duties as may be requested by the commissioner, including, without limitation, exercising any of the decision making powers of the commissioner, and a reference in this Act to the commissioner includes a reference to a deputy commissioner if and to the extent that he or she has been requested to assist the commissioner.

(3) The mayors' council on regional transportation may, subject to this Division, determine the remuneration and terms and conditions of appointment of the individuals appointed under subsection (1).

(4) The commissioner and the deputy commissioners must be reimbursed for actual reasonable expenses necessarily incurred in the performance of their duties under this Act.

(5) After making an appointment under subsection (1), the mayors' council on regional transportation must not change the remuneration and terms and conditions of appointment of an appointed individual without the consent of that individual.

(6) The fiscal year of the commissioner is the calendar year.

Term of appointments

216  (1) Subject to subsections (2), (3) and (4), the following apply to an appointment under section 215 (1):

(a) the appointment is,

(i) in the case of the first commissioner, for a term beginning at the beginning of the day on January 1, 2008 and ending at the end of the day on April 30, 2013,

(ii) for all other commissioners, for a term of 6 years beginning at the beginning of the day on May 1 following the end of the previous commissioner's term of appointment, and

(iii) in the case of a deputy commissioner, for a term of 6 years beginning no earlier than the beginning of the day on January 1, 2008;

(b) an appointment of a commissioner or a deputy commissioner must not be terminated by the mayors' council on regional transportation;

(c) an individual may be appointed as a commissioner or a deputy commissioner, but not both, and must not serve in an appointed capacity for more than one term.

(2) Without limiting subsection (3), an appointment of an individual as a commissioner or deputy commissioner under this Division is terminated if the individual resigns or is

(a) found to be incapable of managing the individual's own affairs by reason of mental infirmity,

(b) removed from office by the Supreme Court on an application under section 220 (4), or

(c) found by the Supreme Court to be in material breach of the individual's duties or obligations under any provision of this Act.

(3) Subject to section 220 (4), the mayors' council on regional transportation may, if authorized to do so by a resolution passed by not fewer than 3/4 of the members of the mayors' council on regional transportation, terminate the appointment of a commissioner or deputy commissioner for cause.

(4) If an appointment of the commissioner is terminated under subsection (2) or (3), the mayors' council on regional transportation must promptly appoint a qualified individual who is not a director of the authority as a replacement commissioner, and the individual appointed as a replacement holds office until the end of the term of office of the individual he or she replaces.

(5) At least 3 months before the expiry of the term of office of an individual appointed as the commissioner under this Division, the mayors' council on regional transportation must appoint a qualified individual who is not a director of the authority to replace the individual whose term is expiring, and the individual appointed as a replacement assumes office immediately after the term of the individual being replaced expires.

Appointment processes

217  (1) When appointing the commissioner and deputy commissioners under this Division, the mayors' council on regional transportation must consider the nature of the duties to be performed by the commissioner and endeavour to select appointees who hold the skills, knowledge and experience needed for that position.

(2) For the purpose of making or terminating appointments under this Division, each member of the mayors' council on regional transportation has one vote.

Employees and consultants

218  (1) The commissioner may retain staff, consultants and other persons necessary for the commissioner to perform the duties of the commissioner's office, and may establish their remuneration and other terms and conditions of their retainers.

(2) The Public Service Act does not apply in respect of a person retained by the commissioner under subsection (1) of this section.

Commissioner's website

219  (1) The commissioner must establish and maintain a website that is accessible without charge to the public.

(2) Unless this Act provides otherwise, if, under this Act, the commissioner is required to publish a record on the commissioner's website, the record must remain on that website for a period that is not shorter than the remainder of the fiscal year in which that record was published and the following fiscal year.

(3) Without limiting any other obligation the commissioner may have to publish a record or information on the commissioner's website, the commissioner must publish and maintain on that website a current description of the role and function of the commissioner.

Conflicts of interest for commissioner and deputy commissioners

220  (1) Subject to subsection (6), the commissioner and each deputy commissioner who, in any way, directly or indirectly, has

(a) a significant beneficial interest in an operation, whether that operation is for profit or not, or in a person, or in a share, stock, bond, debenture or other security of a person, that

(i) owns or manages the operation of one or more commercial passenger vehicles or directly or indirectly has a significant beneficial interest in a person who owns or manages the operation of one or more commercial passenger vehicles,

(ii) provides, or directly or indirectly has a significant beneficial interest in a person who provides, independent transit services, or

(iii) provides parking services in the transportation service region or directly or indirectly has a significant beneficial interest in a person who provides parking services in the transportation service region, or

(b) a significant beneficial interest in

(i) a contract for the provision of transportation services, including, without limitation, independent transit services, in the transportation service region, or

(ii) any contract to which the authority or a subsidiary is a party

must disclose the nature and extent of the interest.

(2) The disclosure required of a commissioner or deputy commissioner under subsection (1) must be made

(a) promptly after he or she becomes aware that he or she has an interest under subsection (1), and

(b) by a record provided to the mayors' council on regional transportation.

(3) A commissioner or deputy commissioner who has an interest described in subsection (1) must,

(a) immediately after becoming aware of that fact, refrain from exercising any of his or her powers or duties under this Act until he or she has complied with paragraph (b) (i) of this subsection, and

(b) promptly after becoming aware of that fact,

(i) eliminate the circumstances that resulted in him or her having that interest, or

(ii) resign as commissioner or deputy commissioner.

(4) If a commissioner or deputy commissioner has an interest described in subsection (1) and does not comply with subsection (3) (b) within 3 months after becoming aware of having that interest, the mayors' council on regional transportation must apply to the Supreme Court to remove that commissioner or deputy commissioner from office.

(5) The use or purchase in the transportation service region by a commissioner or deputy commissioner, for personal or domestic purposes, of parking services or a means of conveyance is not a contravention of this section and does not disqualify the commissioner or deputy commissioner from acting under this Act.

(6) A commissioner or deputy commissioner who has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a) is not, merely because of that interest,

(a) required to disclose that interest under subsection (1), and

(b) subject to subsection (3) or (4),

unless those investments make up more than 30% of the total mutual fund or pension fund holdings.

Indemnification

221  (1) The authority may indemnify each person appointed as a commissioner or deputy commissioner, and the person's heirs and personal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, actually and reasonably incurred by the person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a commissioner or deputy commissioner, including an action brought by the authority, if

(a) the person acted honestly and in good faith, and

(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful.

(2) The authority may purchase and maintain insurance for the benefit of a person appointed as a commissioner or deputy commissioner against any liability incurred by the person as a commissioner or deputy commissioner.

Division 2 — Regulation of Authority by Commissioner

Definitions

222  In this Division:

"current strategic plan", in any fiscal year, means the strategic plan applicable to that fiscal year and the ensuing 9 fiscal years;

"pending strategic plan", in any fiscal year, means

(a) the base plan created in that year to apply to the ensuing 10 fiscal years, and

(b) all supplements approved in relation to that base plan under section 204.

Approval for new fares or fare increases

223  (1) The authority may apply to the commissioner for one or both of the following:

(a) a supplementary fare increase in one or more fiscal years in relation to a revenue transit service;

(b) the assessment of a first-time short term fare for a revenue transit service.

(2) An application must not be made under subsection (1) unless the supplementary fare increase or the assessment of a first-time short term fare, as the case may be, is set out in a supplement that has been approved by the mayors' council on regional transportation under section 204.

(3) The authority must submit the following records with an application under subsection (1):

(a) the current strategic plan and pending strategic plan, and the current service, capital and operational plans;

(b) a record setting out the parameters and assumptions used in the financial projections of the authority;

(c) a record setting out the authority's expenditures and revenue in the previous fiscal year;

(d) a record setting out an estimate, for the current fiscal year, of the authority's expenditures and revenue;

(e) any other record the authority considers relevant to its application;

(f) any other record the commissioner considers relevant to the application.

(4) If the authority submits an application under subsection (1), the commissioner must

(a) promptly publish the application and any other records that the commissioner considers appropriate for publication in relation to the application

(i) on the commissioner's website, and

(ii) in a manner that the commissioner is satisfied will bring the application and other records to the attention of the public in the transportation service region, and

(b) defer deciding on the application for a period of at least 30 days after the application is published under paragraph (a) in order to allow persons who wish to comment on the application an opportunity to do so.

(5) Before reaching a decision under this section, the commissioner may but need not, in his or her sole discretion, hold a public hearing on the application, in the manner, at the date, time and location and for the period the commissioner, in his or her sole discretion, may decide.

(6) If a public hearing is held under subsection (5), the commissioner must

(a) give notice of the public hearing in a manner that the commissioner is satisfied will bring the notice to the attention of the public in the transportation service region, or

(b) order the authority to provide notice of the hearing in the manner, with the information and for the period required by the commissioner.

(7) On an application under subsection (1), the commissioner must endeavour to decide the application in such a manner as to

(a) maintain the financial sustainability of the authority,

(b) enable the authority to provide the transportation services, pursue the capital projects and meet the other requirements set out in

(i) its current strategic plan, and

(ii) its pending strategic plan,

(c) encourage the authority to minimize expenses without adversely affecting safety or reducing the authority's ability to provide the transportation services, pursue the capital projects and meet the other requirements referred to in paragraph (b) of this subsection, and

(d) keep short term fares as low as is reasonably possible in light of the requirements of paragraphs (a), (b) and (c).

(8) Despite subsection (5), the commissioner must reach a decision on an application under subsection (1) within 90 days after its receipt.

(9) After considering an application under subsection (1), the commissioner must

(a) approve the application in relation to any one or more revenue transit services and set out the date on which the supplementary fare increase or first-time short term fare is to take effect,

(b) reject the application in relation to any one or more revenue transit services, or

(c) approve a supplementary fare increase, or a first-time short term fare, in relation to any one or more revenue transit services in an amount less than that sought in the application and set out the date on which the supplementary fare increase or first-time short term fare is to take effect.

(10) Within 15 days after making a decision under subsection (9), the commissioner must

(a) prepare a report setting out the commissioner's decision and the reason for it,

(b) provide a copy of the report to the authority and the mayors' council on regional transportation, and

(c) publish a copy of the report on the commissioner's website.

(11) A bylaw increasing or assessing a short term fare does not require approval of the commissioner before coming into force, and may be made even though the increased or assessed fare is not contemplated by the strategic plan, if

(a) the board, after full examination of the capital and operating expenditures of the authority and its subsidiaries, determines at a meeting that increasing or assessing the short term fare is necessary and unavoidable in order to meet the debt obligations properly incurred by the authority under section 31, and

(b) the board has passed a resolution by a vote of at least 2/3 of its members voting at the meeting

(i) confirming that the circumstances in paragraph (a) of this subsection exist, and

(ii) declaring that, despite this section, approval of the commissioner is not required.

Customer satisfaction surveys

224  (1) On or before June 30, 2008, the authority must

(a) propose to the commissioner a process by which the authority will annually undertake a customer satisfaction survey, and

(b) obtain the commissioner's approval of that process.

(2) The process referred to in subsection (1) must set out the following:

(a) the manner in which and the times at which the survey is to be conducted by the authority in each calendar year;

(b) the questions to be included in the survey;

(c) the manner in which and frequency with which the authority will report on the results of the survey.

(3) The authority may propose amendments to the process approved under this section and may amend the process in accordance with any such amendment that is approved by the commissioner.

(4) The authority must annually undertake a customer satisfaction survey in accordance with the process approved by the commissioner under this section.

Complaints process

225  (1) On or before June 30, 2008, the authority must

(a) propose to the commissioner a process by which the authority will deal with customer complaints, and

(b) obtain the commissioner's approval of that process.

(2) The process referred to in subsection (1) must include a process by which the authority will report on the number, nature and disposition of the customer complaints received in the reporting period.

(3) The authority may propose amendments to the process approved under this section and may amend the process in accordance with any such amendment that is approved by the commissioner.

(4) The authority must receive and process customer complaints in accordance with the process approved by the commissioner under this section.

(5) In this section, "customer complaints" does not include complaints made in relation to the South Coast British Columbia Transportation Authority Police Service.

Disposition of major facilities and assets

226  (1) The authority or a subsidiary must not sell a major facility or major asset unless the authority has first provided notice to the commissioner, in accordance with subsection (2), of that intended sale, and

(a) the commissioner has given notice to the authority that he or she will not be objecting to the sale, or

(b) at least 30 days have passed since the commissioner's receipt of the notice of intended sale and the commissioner has not notified the authority that the commissioner requires a review period under subsection (3).

(2) Notice under subsection (1) of an intended sale must include

(a) a description of the facility or asset to be sold,

(b) the terms of the proposed sale,

(c) the effect, if any, that the sale could have on the authority's ability to provide the transportation services, pursue the capital projects and meet the other requirements set out in its strategic transportation plan, and the means, if any, by which the authority proposes to compensate for that effect, and

(d) any other information requested by the commissioner.

(3) The commissioner may, within 30 days after receiving a notice of intended sale under subsection (1), advise the authority that he or she requires a review period within which to consider the proposed sale, and, in that event, the authority or the subsidiary, as the case may be, must refrain from taking any further action to complete the sale until the commissioner

(a) has given notice to the authority under subsection (4) (b) (ii) that he or she does not object to the sale, or

(b) is deemed to have no objection to the sale under subsection (5).

(4) If a review period is required under subsection (3), the commissioner must

(a) determine, in his or her sole discretion, whether the proposed sale will have a material adverse impact on the ability of the authority to provide the transportation services, pursue the capital projects and meet the other requirements referred to in subsection (2) (c), and

(b) within 90 days after the date on which the commissioner received the notice of intended sale referred to in subsection (1),

(i) if the commissioner determines, in his or her sole discretion, that the proposed sale will have the adverse impact referred to in paragraph (a) of this subsection, order the authority or the subsidiary, as the case may be, to refrain from completing the sale, or

(ii) if the commissioner determines, in his or her sole discretion, that the proposed sale will not have a material adverse impact, give notice to the authority that he or she does not object to the sale.

(5) If, despite subsection (4), the commissioner does not provide notice to the authority under subsection (4) (b) (i) or (ii) within the period referred to in subsection (4) (b), the commissioner is deemed to have no objection to the sale.

Inspections

227  (1) The commissioner may appoint a person to conduct an inspection of the authority or any subsidiary if

(a) the authority fails to provide to the commissioner a report or other record the authority or subsidiary is required to provide under this Act, or

(b) in the commissioner's opinion, a report or other record provided by the authority to the commissioner under this Act is or may be incomplete or incorrect.

(2) An inspector

(a) may require any person who has possession or control of any of the records or things of the authority or a subsidiary to produce any of those records and things that may be relevant to the inspection,

(b) may inspect and remove any of the records and things produced under paragraph (a) that are relevant to the inspection for the purpose of making copies or extracts,

(c) may attend at the business premises of the authority or of a subsidiary during business hours for the purpose of requesting the production of, or inspecting, any records or things relevant to the inspection,

(d) must carry identification in the form approved by the commissioner, and

(e) must present the identification to the owner or occupant of the premises.

(3) On the request of an inspector, the authority or a subsidiary must make available for inspection all records, including, without limitation, all financial records, related to the provision of transportation services in the transportation service region.

(4) If an inspector removes any records or things under subsection (2) (b), the inspector must give a receipt for them to the person from whom they are taken.

(5) A person must not obstruct an inspector or withhold, destroy, conceal or refuse to produce any information, record or thing that is requested by the inspector or is otherwise relevant to any of the matters in respect of which the inspection may be conducted.

(6) An inspector who removes any records or things may make copies of, take extracts from or otherwise record them, and must return them within a reasonable time.

(7) Copies of or extracts from records or things removed under this section that are certified by the inspector as being true copies of or extracts from the originals are admissible in evidence to the same extent, and have the same evidentiary value, as the original records or things.

(8) The commissioner may establish the remuneration and other terms and conditions of appointment of any inspector appointed under this section.

Division 3 — Orders, Decisions and Appeals of Commissioner

Orders of commissioner

228  (1) If the authority fails to comply with any decision of the commissioner, the commissioner may order the authority to comply with the decision promptly or within such period as the commissioner may specify.

(2) An order of the commissioner takes effect immediately or on any later date specified in the order, and must be promptly published by the commissioner on the commissioner's website and in another manner that the commissioner is satisfied will bring the order to the attention of the public in the transportation service region.

Jurisdiction of commissioner exclusive

229  (1) The commissioner has exclusive jurisdiction in all cases and for all matters in which jurisdiction is conferred on the commissioner by this or any other enactment.

(2) Subject to section 230, an order, decision, determination or proceeding of the commissioner must not be questioned, reviewed or restrained by any process or proceeding in any court.

Appeal to Court of Appeal

230  (1) An appeal on a question of law lies from an order, decision, determination or proceeding of the commissioner to the Court of Appeal with leave of a justice of that court.

(2) The party appealing under subsection (1) must give notice of the application for leave to appeal, stating the grounds of appeal, to the commissioner and to any party adverse in interest, at least 2 clear days before the hearing of the application.

(3) If leave is granted, the appellant must, within 15 days after the granting of leave, give notice of appeal to the commissioner and to any party adverse in interest.

(4) The commissioner may be heard by counsel on the appeal.

No automatic stay of proceedings while matter appealed

231  (1) An appeal to the Court of Appeal does not stay or suspend the operation of the order, decision, determination or proceeding from which the appeal is taken, but the Court of Appeal may grant a suspension, in whole or in part, until the appeal is decided, on terms the court considers advisable.

(2) The commissioner may, in the commissioner's discretion, suspend the operation of the commissioner's order, decision, determination or proceeding from which an appeal is taken until the decision of the Court of Appeal is given.

Division 4 — Records and Reports of Commissioner

Records of commissioner

232  (1) The commissioner must publish every decision, order and report of the commissioner and every application made to the commissioner

(a) on the commissioner's website, and

(b) in another manner that the commissioner is satisfied will bring the decision, order, report or application to the attention of the public in the transportation service region.

(2) The commissioner must retain, at the commissioner's office, records for the current and previous fiscal year of the commissioner that pertain to matters under his or her jurisdiction, including, without limitation, the following records:

(a) a record of every proceeding before the commissioner in the current and previous fiscal year;

(b) every decision, order and report of the commissioner in the current and previous fiscal year;

(c) every application under section 223 in the current and previous fiscal year;

(d) every record relied on by the commissioner in reaching any decision or in making any order referred to in paragraph (b) of this subsection.

(3) Any person may inspect, without charge, any of the records retained by the commissioner under subsection (2) unless and except to the extent that the commissioner believes that those records would not be disclosable in response to an access request under the Freedom of Information and Protection of Privacy Act.

Annual reports

233  (1) Within 120 days after the end of each fiscal year of the commissioner, the commissioner must provide to the mayors' council on regional transportation a report for the previous fiscal year and must include in the report

(a) a summary of all applications and requests for decisions to the commissioner in that year,

(b) a summary of all decisions made and all orders issued by the commissioner in that year,

(c) the financial statements applicable to the office of the commissioner for that year along with full disclosure of the expenses of, and associated with, the office of the commissioner,

(d) the commissioner's opinion as to whether or not the operations of the authority and its subsidiaries for that year were in accord with the authority's strategic transportation plan or strategic plan, as the case may be, and applicable service, capital and operational plans, and

(e) other information the commissioner considers appropriate.

(2) The commissioner must publish the report referred to in subsection (1) on the commissioner's website and in another manner that the commissioner is satisfied will bring the report to the attention of the public in the transportation service region.

Obligation to keep information confidential

234  Despite any obligation imposed on the commissioner under this Act to obtain, retain or make available information or records, but subject to section 232 (3), the commissioner, his or her staff, a deputy commissioner and an inspector must not disclose or be compelled to disclose any information or record that is obtained in, or that comes to the person's knowledge during, the course of the administration of this Act or the course of any inspection authorized under this Act, unless and only to the extent that such disclosure is consistent with the Freedom of Information and Protection of Privacy Act.

Division 5 — Funding for Commissioner

Definitions

235  In this Division:

"farebox revenue" means the gross revenue earned through user fees paid for transportation services provided in the transportation service region in the most recently completed fiscal year;

"levy request" means a request for a special levy referred to in section 240 (1).

Commissioner's expenses to be paid by authority

236  Subject to this Division, the authority is responsible for paying to the commissioner the money necessary to satisfy all of the reasonable expenses associated with the operation of the office of the commissioner, including, without limitation,

(a) the remuneration and expenses referred to in section 215 (3) and (4),

(b) any remuneration and expenses of persons retained under section 218, and

(c) any remuneration and expenses of inspectors.

Commissioner to prepare budgets

237  (1) Within 60 days after assuming office as commissioner under Division 1 of this Part, the first commissioner must provide to the authority a budget for the last 9 months of 2008.

(2) On or before August 1 of each year, the commissioner must provide to the authority a budget for the next fiscal year of the commissioner.

(3) A budget referred to in this section must provide an estimate of the expenses referred to in section 236 that the commissioner reasonably expects to incur in the fiscal year for which the budget is prepared.

(4) If a commissioner is appointed to replace a commissioner whose term expires or is terminated, the replacement commissioner is subject to the following budgets of the previous commissioner:

(a) if the replacement commissioner assumes office before August 1 in a year, the budget for the fiscal year in which the replacement appointment takes effect;

(b) if the replacement commissioner assumes office after July 31 in a year, the budgets for the fiscal year in which the replacement appointment takes effect and for the following fiscal year.

(5) In preparing a budget for an entire fiscal year, the commissioner must ensure that the budget for that fiscal year does not exceed 1/5 of 1% of the previous year's farebox revenue.

Payments required for first year of first commissioner

238  For the purposes of providing under section 236 for the reasonable expenses associated with the operation of the office of the commissioner for 2008, the authority must provide to the commissioner the following amounts at the following times:

(a) promptly after January 1, 2008, 1/20 of 1% of the previous year's farebox revenue;

(b) at the beginning of each subsequent quarter of 2008, 1/3 of the expenses estimated for the last 9 months of 2008 in the budget prepared by the commissioner under section 237 (1).

Payments required after 2008

239  At the beginning of each quarter of a fiscal year after 2008, the authority must pay to the commissioner the greater of

(a) one-quarter of the expenses estimated in the budget applicable to the fiscal year, and

(b) the amount, if any, payable to the commissioner on that date under section 240 or 241.

Special levy

240 (1) At any time in a fiscal year, the commissioner may submit to the authority a request for a special levy to obtain money additional to that payable for that fiscal year under section 239 (a) if

(a) the money is required to satisfy expenses, and

(b) it is essential to the commissioner's ability to carry out the commissioner's duties under this Act in that fiscal year that the additional money sought by the special levy be provided to fund those expenses.

(2) The commissioner must not submit a levy request under subsection (1) more than once in any fiscal year.

(3) Subject to subsection (4) and to section 241, if a levy request is made under subsection (1) of this section in a fiscal year, the authority must, at the beginning of each quarter of that fiscal year following the request, pay to the commissioner, in addition to the amount payable under section 239 (a), that fraction of the amount requested by the commissioner in the levy request that is equal to one divided by the number of remaining whole quarters in the fiscal year.

(4) Subject to section 241, if, in a fiscal year, a levy request is made under subsection (1) of this section at a time when it is impracticable to include the amount requested in any quarterly payment to be paid in that fiscal year in accordance with subsection (3), the authority must, promptly after the levy request, pay to the commissioner the amount requested by the commissioner in the levy request.

Dispute resolution process

241  (1) If the authority considers that the expenses included by the commissioner in a budget or levy request for a fiscal year exceed the amount that is reasonably required to cover the expenses referred to in section 236 for that fiscal year, the authority may require that the matter be referred to arbitration by delivering to the commissioner, within one month after receipt of the budget or levy request, as the case may be, a notice requiring that arbitration.

(2) If the authority does not provide a notice under subsection (1) within one month after receipt of a budget or levy request, as the case may be,

(a) the budget or levy request and the estimated expenses are deemed to have been agreed on by the authority and the commissioner, and

(b) the authority must make the payments required under section 239 or 240, as the case may be, in relation to that budget or levy request.

(3) If a notice requiring arbitration is provided by the authority under subsection (1) within one month after receipt of a budget or levy request, the International Commercial Arbitration Act applies to the dispute and, for that purpose,

(a) the authority and the commissioner are deemed to have agreed to arbitrate the dispute referred to in paragraph (b) of this subsection as if the commissioner were the claimant and the authority were the respondent, and are deemed for that purpose to have entered into an arbitration agreement within the meaning of section 7 of the International Commercial Arbitration Act,

(b) the dispute that is deemed to be submitted to arbitration is whether the expenses sought by the budget or the expenses sought by the levy request, as the case may be, exceed the amount that is reasonably required to cover the expenses referred to in section 236 for that fiscal year,

(c) any fees, costs, deposits and expenses payable in relation to the arbitration are to be borne by the authority, and no costs or interest are to be awarded to either party, and

(d) the arbitration must be an arbitration with a sole arbitrator, and if the parties fail to agree on the arbitrator within 15 days after receipt by the commissioner of the notice requiring arbitration under subsection (1) of this section, or, in the case of an appointment required under section 15 of the International Commercial Arbitration Act, within 15 days after the termination of the mandate of the arbitrator to be replaced, the appointment must be made by the minister.

(4) Even though a dispute as to the reasonableness of the commissioner's expenses sought by the budget, or the expenses sought by the levy request, as the case may be, has been referred to arbitration under subsection (1), the authority must, subject to subsection (5), make the payments required under section 239 or 240, as the case may be.

(5) If, as a result of an arbitration under subsection (1), the arbitrator determines that the expenses sought by the budget, or the expenses sought by the levy request, as the case may be, are greater than or are less than the amount that is reasonably required to cover the expenses referred to in section 236 for the applicable fiscal year, the authority must, at the beginning of each of the remaining quarters of the fiscal year, pay the amount determined by the following formula:

where

"arbitrated expenses" is the amount that is determined by the arbitration to be reasonably required to cover the expenses referred to in section 236 for that fiscal year,

"amounts paid" is the total of the amounts paid by the authority under sections 239 and 240 in the fiscal year in respect of which the expenses are sought, and

"remaining quarters" is the number of whole quarters in the fiscal year for which no payments have been made under sections 239 and 240.

32 The following section is added:

Commencement

242  (1) This Act, except sections 29 (3), 38, 43, 47 to 50, 92, 120 and 121, comes into force by regulation of the Lieutenant Governor in Council.

(2) Section 29 (3) comes into force on October 1, 2001.

(3) Sections 38, 43, 47 to 50, 92, 120 and 121 come into force on March 31, 1999 or on an earlier date set by regulation of the Lieutenant Governor in Council.

Part 2 — Transitional Provision

Transitional — bylaws

33  (1) In this section, "authority" has the same meaning as in the South Coast British Columbia Transportation Authority Act.

(2) Nothing in this Act affects the Greater Vancouver Transportation Authority Golden Ears Bridge Toll Assessment By-Law Number 40-2005 or any other bylaw of the authority that came into force before the coming into force of this section.

Part 3 — Transitional Amendments (January 1, 2008)

34 Section 15 of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended

(a) in subsection (1) (a) (i) by adding "mayors' council on regional transportation," after "public,", and

(b) in subsection (5) by striking out "the Greater Vancouver Regional District" and substituting "the mayors' council on regional transportation".

35 Section 16 is amended

(a) in subsections (1), (2) and (3) by striking out "the Greater Vancouver Regional District board of directors" wherever it appears and substituting "the mayors' council on regional transportation",

(b) in subsection (1) (b) by striking out "the board of directors of the Greater Vancouver Regional District." and substituting "the mayors' council on regional transportation.",

(c) in subsection (2) by striking out "that board of directors" and substituting "the mayors' council on regional transportation", and

(d) by adding the following subsection:

(2.1) Subsections (1) and (2) do not apply to a supplement provided to the mayors' council on regional transportation for approval under Part 9.

36 Section 25 is amended

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

(1) Subject to subsection (4) of this section and section 16 (3), a bylaw made under subsection (2) in 2008 does not come into force,

(a) in the case of a bylaw applicable to 2008, until the bylaw is ratified by a resolution of the mayors' council on regional transportation, and

(b) in the case of a bylaw applicable to any year after 2008, unless the tax being assessed under the bylaw is within the parameters established by the strategic plan applicable to that year. , and

(b) in subsection (4) by striking out "the Greater Vancouver Regional District board of directors" and substituting "the mayors' council on regional transportation".

37 Section 29 is amended

(a) in subsection (5) by striking out "the Greater Vancouver Regional District board of directors." and substituting "the mayors' council on regional transportation.", and

(b) in subsection (6) by striking out "the Greater Vancouver Regional District board of directors" and substituting "the mayors' council on regional transportation".

38 Section 29.1 is amended

(a) in subsection (5) by striking out "the Greater Vancouver Regional District board of directors." and substituting "the mayors' council on regional transportation.", and

(b) in subsections (6) and (7) by striking out "the Greater Vancouver Regional District board of directors" and substituting "the mayors' council on regional transportation".

39 Section 190 (3) is amended by adding "and" at the end of paragraph (f), by striking out ", and" at the end of paragraph (g) and by repealing paragraph (h).

Part 4 — Transitional Amendments (January 1, 2009)

40 Section 1 (1) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by repealing the definition of "strategic transportation plan".

41 Section 4 is amended

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

(g) prepare and implement strategic, service, capital and operational plans for the regional transportation system; , and

(b) in subsection (2) (b) (ii) by striking out "strategic transportation plan" and substituting "strategic plan".

42 Section 13.3 (1) (i) is repealed.

43 Section 13.4 (a) is amended by striking out "strategic transportation plan or strategic plan, as the case may be," and substituting "strategic plan".

44 Section 14 is repealed.

45 Section 15 (3) and (4) is repealed.

46 Sections 16 (1), (2) and (2.1) and 16.1 are repealed.

47 Section 16 (3) is amended

(a) by striking out everything before paragraph (a) and substituting "The authority may, by bylaw, assess a tax, a project toll charge, a motor vehicle charge, a designated toll or a parking tax that is not contemplated by the authority's strategic plan if", and

(b) by repealing paragraph (b) and substituting the following:

(b) the board of the authority has passed a resolution, by a vote of at least 2/3 of its members voting at the meeting, confirming that the circumstances in paragraph (a) of this subsection exist.

48 Section 25 is amended

(a) in subsection (2) (a) by adding "within the parameters established by its strategic plan" after "assess a tax", and

(b) by repealing subsections (3) and (4).

49 Section 29 is amended

(a) by repealing subsections (2) and (3) and substituting the following:

(2) Subject to section 197, the authority may, by bylaw, assess user fees on persons using custom transit services or services of a ferry, bus transportation system or rail transportation system in the transportation service region.

(3) Subject to section 195, the authority may, by bylaw, assess motor vehicle charges on any owner or operator of a motor vehicle that is principally used in the transportation service region or that uses any designated part of the regional transportation system. , and

(b) in subsections (5) and (6) by striking out "or (3)".

50 Section 30.1 is amended

(a) in subsection (1) by striking out "In addition" and substituting "Subject to section 195, in addition",

(b) in subsection (1) (b) (i) by striking out "is ratified under subsection (3)," and substituting "is passed,",

(c) in subsection (2) by striking out "is ratified under subsection (3)." and substituting "is passed.", and

(d) by repealing subsections (3) and (4).

51 Section 226 (2) (c) is repealed and the following substituted:

(c) the effect, if any, that the sale could have on the authority's ability to provide the transportation services, pursue the capital projects and meet the other requirements set out in

(i) its current strategic plan, and

(ii) its pending strategic plan,

and the means, if any, by which the authority proposes to compensate for that effect, and .

52 Section 233 (1) (d) is amended by striking out "strategic transportation plan or strategic plan, as the case may be," and substituting "strategic plan".

Part 5 — Consequential Amendments

Assessment Act

53 Section 31 (1) (b) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by striking out "Greater Vancouver Transportation Authority Act," and substituting "South Coast British Columbia Transportation Authority Act,".

British Columbia Transit Act

54 Section 1 (1) of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, is amended in the definitions of "ancillary Rapid Transit Project works" and "Rapid Transit Project" by striking out "Greater Vancouver Transportation Authority Act," and substituting "South Coast British Columbia Transportation Authority Act,".

55 Section 8 (9) (a) is amended by striking out "Greater Vancouver Transportation Authority Act;" and substituting "South Coast British Columbia Transportation Authority Act;".

56 Section 26 (2) is amended by striking out "Greater Vancouver Transportation Authority Act," and substituting "South Coast British Columbia Transportation Authority Act,".

Builders Lien Act

57 Section 1.1 (a) of the Builders Lien Act, S.B.C. 1997, c. 45, is amended by striking out "the Minister of Transportation and Highways, a concessionaire as defined by the Transportation Investment Act, the BC Transportation Financing Authority or its subsidiaries" and substituting "the Minister of Transportation, a concessionaire as defined by the Transportation Investment Act, the BC Transportation Financing Authority or its subsidiaries, the South Coast British Columbia Transportation Authority or its subsidiaries".

Commercial Transport Act

58 Section 11 (3) (d) of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended

(a) by striking out "the Greater Vancouver Transportation Authority Act," and substituting "the South Coast British Columbia Transportation Authority Act,", and

(b) by striking out "the Greater Vancouver Transportation Authority" and substituting "the South Coast British Columbia Transportation Authority".

Community Charter

59 Section 35 (2) (b) of the Community Charter, S.B.C. 2003, c. 26, is amended by striking out "the Greater Vancouver Transportation Authority Act;" and substituting "the South Coast British Columbia Transportation Authority Act;".

60 Section 36 (2) (d) is amended by striking out "the Greater Vancouver Transportation Authority Act;" and substituting "the South Coast British Columbia Transportation Authority Act;".

61 The Schedule is amended in the definition of "business" by striking out "or by the Greater Vancouver Transportation Authority" and substituting "or by the South Coast British Columbia Transportation Authority".

Emergency Program Act

62 Section 1 (1) of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by repealing the definition of "government corporation" and substituting the following:

"government corporation" has the same meaning as in the Financial Administration Act, and includes the South Coast British Columbia Transportation Authority continued under the South Coast British Columbia Transportation Authority Act and any of its subsidiaries; .

Expropriation Act

63 Section 1 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended in paragraph (f) of the definition of "approving authority" by striking out "for an expropriation by the Greater Vancouver Transportation Authority under the Greater Vancouver Transportation Authority Act, the Greater Vancouver Transportation Authority," and substituting "for an expropriation by the South Coast British Columbia Transportation Authority under the South Coast British Columbia Transportation Authority Act, the South Coast British Columbia Transportation Authority,".

Freedom of Information and Protection of Privacy Act

64 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by repealing paragraph (p) of the definition of "local government body" and substituting the following:

(p) the South Coast British Columbia Transportation Authority, or .

65 Schedule 2 is amended

(a) by adding the following:

(b) by adding the following:

(c) by striking out "Greater Vancouver Transportation Authority" wherever it appears and substituting "South Coast British Columbia Transportation Authority".

Hospital District Act

66 Section 2 (3) of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by striking out "Greater Vancouver Transportation Authority Act," and substituting "South Coast British Columbia Transportation Authority Act,".

Hydro and Power Authority Act

67 Section 32 (7) (m.1) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is repealed and the following substituted:

(m.1) the South Coast British Columbia Transportation Authority Act; .

Indian Self Government Enabling Act

68 Section 1 of the Indian Self Government Enabling Act, R.S.B.C. 1996, c. 219, is amended by repealing paragraph (g.1) of the definition of "Provincial taxing authority" and substituting the following:

(g.1) the South Coast British Columbia Transportation Authority under the South Coast British Columbia Transportation Authority Act, and .

Islands Trust Act

69 Section 49.3 (4) (g) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is repealed and the following substituted:

(g) the South Coast British Columbia Transportation Authority Act.

Land Act

70 Section 51 (1) of the Land Act, R.S.B.C. 1996, c. 245, is amended by striking out "the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act" and substituting "the South Coast British Columbia Transportation Authority continued under the South Coast British Columbia Transportation Authority Act".

Land Title Act

71 Sections 218 (1) (b) and 219 (1) of the Land Title Act, R.S.B.C. 1996, c. 250, are amended by striking out "Greater Vancouver Transportation Authority," and substituting "South Coast British Columbia Transportation Authority,".

72 Section 219 (3) (b) is amended by striking out "Greater Vancouver Transportation Authority" and substituting "South Coast British Columbia Transportation Authority".

Local Government Act

73 Section 848 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended in the definition of "affected local government" by striking out "Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act;" and substituting "South Coast British Columbia Transportation Authority continued under the South Coast British Columbia Transportation Authority Act;".

74 Sections 857 (3) (a.1) and 867 (3) (a.1) are amended by striking out "Greater Vancouver Transportation Authority" and substituting "South Coast British Columbia Transportation Authority".

75 Section 868 (3) is amended by striking out "Greater Vancouver Transportation Authority," and substituting "South Coast British Columbia Transportation Authority,".

Motor Fuel Tax Act

76 Section 1 of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended

(a) by repealing the definitions of "Greater Vancouver Transportation Authority" and "Greater Vancouver transportation service region", and

(b) by adding the following definitions:

"South Coast British Columbia Transportation Authority" means the authority continued under section 2 (1) of the South Coast British Columbia Transportation Authority Act;

"South Coast British Columbia transportation service region" has the same meaning as "transportation service region" in the South Coast British Columbia Transportation Authority Act; .

77 Sections 4 and 10 are amended

(a) in subsection (1) (a), (b) and (c) by striking out "Greater Vancouver transportation service region" and substituting "South Coast British Columbia transportation service region",

(b) in subsection (1) (c) by striking out "Greater Vancouver Transportation Authority," and substituting "South Coast British Columbia Transportation Authority,",

(c) in subsection (1.1) (a) and (b) by striking out "Greater Vancouver transportation service region," and substituting "South Coast British Columbia transportation service region,", and

(d) in subsection (1.1) (b) by striking out "subsection (1) (b) and (c)." and substituting "subsection (1) (b), (c) and (d)."

78 Section 4 (1) is amended by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) (iv) and by adding the following paragraph:

(d) inside the South Coast British Columbia transportation service region, must, in addition to the tax payable under paragraph (c), pay to the South Coast British Columbia Transportation Authority, at the time of purchase, tax on the gasoline at the rate, not exceeding 3¢ per litre, set under section 27.1 of the South Coast British Columbia Transportation Authority Act.

79 Section 10 (1) is amended by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) (iv) and by adding the following paragraph:

(d) inside the South Coast British Columbia transportation service region, must, in addition to the tax payable under paragraph (c), pay to the South Coast British Columbia Transportation Authority, at the time of purchase, tax on the fuel at the rate, not exceeding 3¢ per litre, set under section 27.1 of the South Coast British Columbia Transportation Authority Act.

80 Section 12 is amended

(a) in subsection (1) by striking out "sections 4 (1) (c) and 10 (1) (c)" and substituting "sections 4 (1) (c) and (d) and 10 (1) (c) and (d)",

(b) in subsection (1) (a) by striking out "Greater Vancouver Transportation Authority," and substituting "South Coast British Columbia Transportation Authority,",

(c) in subsections (1) (b) and (2) (b) by striking out "Greater Vancouver Transportation Authority." and substituting "South Coast British Columbia Transportation Authority.",

(d) in subsection (2) (a) by striking out "sections 4 (1) (c) and 10 (1) (c)," and substituting "sections 4 (1) (c) and (d) and 10 (1) (c) and (d),", and

(e) in subsections (2) (a), (3), (5) and (7) by striking out "Greater Vancouver Transportation Authority" and substituting "South Coast British Columbia Transportation Authority".

81 Section 71 (2) (x) is amended

(a) by striking out "Greater Vancouver Transportation Authority" and substituting "South Coast British Columbia Transportation Authority", and

(b) by striking out "sections 4 (1) (c) and 10 (1) (c)" and substituting "sections 4 (1) (c) and (d) and 10 (1) (c) and (d)".

Motor Vehicle Act

82 Section 26 (1) (f) and (2) (d) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "Greater Vancouver Transportation Authority Act" and substituting "South Coast British Columbia Transportation Authority Act".

83 Sections 49 (1) (a.4) and 50 (1), (1.2), (2) (d), (3), (5) (a) and (6) are amended by striking out "Greater Vancouver Transportation Authority" wherever it appears and substituting "South Coast British Columbia Transportation Authority".

84 Section 50 (1.1) is amended

(a) by repealing the definition of "Greater Vancouver Transportation Authority" and substituting the following:

"South Coast British Columbia Transportation Authority" means the authority continued under section 2 (1) of the South Coast British Columbia Transportation Authority Act; , and

(b) in the definition of "transportation service region" by striking out "Greater Vancouver Transportation Authority Act." and substituting "South Coast British Columbia Transportation Authority Act."

85 Section 169.1 (4) is amended

(a) by repealing paragraph (a) (ii) and substituting the following:

(ii) the South Coast British Columbia Transportation Authority under the South Coast British Columbia Transportation Authority Act, or , and

(b) by repealing paragraph (b) and substituting the following:

(b) operated by or on behalf of a person or municipality as part of an independent transit service approved by the South Coast British Columbia Transportation Authority under section 5 of the South Coast British Columbia Transportation Authority Act.

Municipalities Enabling and Validating Act (No. 2)

86 Section 45 of the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended

(a) in subsection (1) by repealing paragraph (a) of the definition of "regional authority" and substituting the following:

(a) the South Coast British Columbia Transportation Authority, , and

(b) in subsection (3) (b) (ii) by striking out "the Greater Vancouver Transportation Authority," and substituting "the South Coast British Columbia Transportation Authority,".

Municipalities Enabling and Validating Act (No. 3)

87 Section 16 (1) of the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended

(a) by repealing the definition of "authority" and substituting the following:

"authority" has the same meaning as in the South Coast British Columbia Transportation Authority Act; , and

(b) in the definition of "project" by striking out "Greater Vancouver Transportation Authority Act" and substituting "South Coast British Columbia Transportation Authority Act".

88 Section 17 (1) is amended

(a) by repealing the definition of "authority" and substituting the following:

"authority" has the same meaning as in the South Coast British Columbia Transportation Authority Act; , and

(b) in the definition of "project" by striking out "Greater Vancouver Transportation Authority Act," and substituting "South Coast British Columbia Transportation Authority Act,".

Ombudsman Act

89 Section 31 of the Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is repealed and the following substituted:

Safe Streets Act

90 Section 3 (1) of the Safe Streets Act, S.B.C. 2004, c. 75, is amended in the definition of "commercial passenger vehicle" by striking out "the Greater Vancouver Transportation Authority" and substituting "the South Coast British Columbia Transportation Authority".

Social Service Tax Act

91 Section 1 of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended

(a) by repealing the definitions of "Greater Vancouver Transportation Authority" and "Greater Vancouver transportation service region", and

(b) by adding the following definitions:

"South Coast British Columbia Transportation Authority" means the authority continued under section 2 (1) of the South Coast British Columbia Transportation Authority Act;

"South Coast British Columbia transportation service region" has the same meaning as "transportation service region" in the South Coast British Columbia Transportation Authority Act; .

92 Section 61 is amended

(a) in subsection (1) by striking out "Greater Vancouver transportation service region" and substituting "South Coast British Columbia transportation service region",

(b) in subsection (1) by striking out "Greater Vancouver Transportation Authority" and substituting "South Coast British Columbia Transportation Authority",

(c) in subsection (1) (b) by striking out "Greater Vancouver Transportation Authority Act" and substituting "South Coast British Columbia Transportation Authority Act",

(d) in subsection (2) by striking out "Greater Vancouver Transportation Authority Act," and substituting "South Coast British Columbia Transportation Authority Act,", and

(e) in subsection (2) by striking out "Greater Vancouver Transportation Authority," and substituting "South Coast British Columbia Transportation Authority,".

93 Section 65.1 is amended by striking out "Greater Vancouver Transportation Authority" wherever it appears and substituting "South Coast British Columbia Transportation Authority".

94 Section 134 (d) is amended by striking out "Greater Vancouver Transportation Authority" and substituting "South Coast British Columbia Transportation Authority".

Taxation (Rural Area) Act

95 Section 21.1 (2) (b) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by striking out "Greater Vancouver Transportation Authority Act;" and substituting "South Coast British Columbia Transportation Authority Act;".

Taxation Statutes Amendment Act, 2004

96 Section 24 (b) of the Taxation Statutes Amendment Act, 2004, S.B.C. 2004, c. 28, as it enacts section 10.1 (1.1) and (1.2) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended

(a) in section 10.1 (1.1) (b) and (c) by striking out "Greater Vancouver transportation service region," and substituting "South Coast British Columbia transportation service region," and

(b) in section 10.1 (1.2) by striking out "Greater Vancouver transportation service region must pay to the Greater Vancouver Transportation Authority," and substituting "South Coast British Columbia transportation service region must pay to the South Coast British Columbia Transportation Authority,".

97 Section 25 is repealed and the following substituted:

25 Section 12 (1) and (2) (a) is amended by striking out "sections 4 (1) (c) and (d) and 10 (1) (c) and (d)" and substituting "sections 4 (1) (c) and (d), 10 (1) (c) and (d) and 10.1 (1.2)".

Transportation Act

98 Section 1 of the Transportation Act, S.B.C. 2004, c. 44, is amended in paragraph (d) of the definition of "ferry" by striking out "Greater Vancouver Transportation Authority Act;" and substituting "South Coast British Columbia Transportation Authority Act;".

99 Section 13 (3) (a) (i) and (4) (b) is amended by striking out "Greater Vancouver Transportation Authority," and substituting "South Coast British Columbia Transportation Authority,".

100 Section 58 (1) (c) is amended by striking out "Greater Vancouver Transportation Authority Act." and substituting "South Coast British Columbia Transportation Authority Act."

Transportation Investment Act

101 Section 1 of the Transportation Investment Act, S.B.C. 2002, c. 65, is amended in paragraph (c) (iii) of the definition of "highway" by striking out "Greater Vancouver Transportation Authority Act;" and substituting "South Coast British Columbia Transportation Authority Act;".

Commencement

102  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: