BILL 27 – 2008
LOCAL GOVERNMENT (GREEN COMMUNITIES) STATUTES AMENDMENT ACT, 2008
HER MAJESTY, by and with the
advice and
consent of the Legislative Assembly of the Province of British
Columbia, enacts as follows:
Community Charter
1 Section
188 (2) (d) of the Community Charter, S.B.C. 2003, c. 26, is repealed
and the following substituted:
(d) money received under section
906 (2) [parking space requirements] of the Local
Government Act, which must be placed to the credit of a
reserve fund for the purpose of providing
(i) off-street parking spaces, or
(ii) transportation
infrastructure that
supports walking, bicycling, public transit or other alternative forms
of transportation; .
Greater Vancouver Sewerage
and Drainage District Act
2 Section
58.1 of the Greater
Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c.
59,
is amended by adding the following definition:
"eligible development"
means
development that is eligible in accordance with an applicable by-law or
regulation under section 58.2 as being for one or more of the following
categories:
(a) not-for-profit rental housing,
including supportive living housing;
(b) for-profit affordable rental
housing;
(c) a subdivision of small lots
that is designed to result in low greenhouse gas emissions;
(d) a development that is designed
to result in a low environmental impact; .
3 Section
58.2 is amended by adding the following subsection:
(3.01) A development cost charge is
not payable
under a by-law under subsection (1) in relation to the construction,
alteration or extension of self-contained dwelling units in a building
authorized under a building permit if
(a) subject to a by-law under
subsection (3.1)
or a regulation under subsection (3.2), each unit is no larger
in
area than 29 square metres, and
(b) each unit is to be put to no
use other than residential use in those dwelling units.
4 Section
58.2 is amended
(a) by
repealing subsection (3.1) and substituting the following:
(3.1) The Corporation may, in a
by-law under subsection (1), do any or all of the following:
(a) provide that a charge is
payable under the by-law in relation to a building permit referred to
in subsection (3) (d);
(b) establish an amount for the
purposes of
subsection (3) (e) (iii) that is greater than the amount otherwise
applicable under subsection (3) (e), subject to the maximum permitted
under subsection (3.2) (b);
(c) establish an area for the
purposes of
subsection (3.01) (a) that is greater than the area otherwise
applicable, subject to the maximum permitted under
subsection (3.2) (d). ,
(b) in
subsection (3.2), by striking out "and"
at the end of paragraph (a), by adding ", and"
at the end of paragraph (b) and by adding the following paragraphs:
(c) prescribe an area for the
purpose of subsection (3.01) (a), and
(d) prescribe a maximum area that
may be established under
subsection (3.1) (c). , and
(c) by
adding the following subsections:
(3.3) Subject to a by-law under
subsection (3.4)
and an applicable regulation under subsection (3.5), the Corporation
may waive or reduce a charge under subsection (1) for an
eligible
development.
(3.4) For the purposes of subsection
(3.3), the Corporation, by by-law,
(a) must establish what constitutes
an eligible
development or a class of eligible development for the purposes of one
or more categories of development described in the definition of
"eligible development" in section 58.1,
(b) must establish the amount or
rates of
reduction for an eligible development, which may be different for
different categories of eligible development described in the
definition of "eligible development" in section 58.1 or different
classes of eligible development established in the by-law, and
(c) may establish the requirements
that must be
met in order to obtain a waiver or reduction under subsection (3.3) and
the conditions on which such a waiver or reduction may be granted.
(3.5) The minister may make
regulations
(a) establishing,
(b) restricting, or
(c) establishing criteria for
determining
what constitutes an eligible
development or a
class of eligible development for the purposes of one or more
categories of eligible development described in the definition of
"eligible development" in section 58.1.
5 Section
58.4 (4) is amended
(a) by
repealing paragraph (a) and substituting the following:
(a) must consider
(i) future land use patterns and
development and the phasing of works and services, and
(ii) how development designed to
result in a
low environmental impact may affect the capital costs of infrastructure
referred to in section 58.2 (2); , and
(b) in
paragraph (b) by striking out "or"
at the end of subparagraph (ii), by adding ", or"
at the end of subparagraph (iii) and by adding the following
subparagraph:
(iv) will discourage development
designed to result in a low environmental impact .
6 Section
58.6 (5) is repealed and the following substituted:
(5) The inspector of municipalities
may require the Corporation to provide the inspector with a report on
(a) the status of development cost
charge
collections, expenditures and proposed expenditures for a time period
the inspector specifies, and
(b) waivers or reductions under
section 58.2 (3.3).
Greater Vancouver Water
District Act
7 Section 5
(1) (c) of the Greater Vancouver Water District Act, S.B.C. 1924, c.
22, is amended by adding "and for carrying
out the Corporation's object under section 9.1"
after "waterworks".
8 The
heading "Objects"
above section 8 is repealed and the following substituted:
Water Supply
Objects .
9 Section 9
is amended by renumbering the section as section 9 (1) and adding the
following subsection:
(2) Despite subsection (1), a water
licence
acquired by the Corporation for the purpose of its object under section
9.1 shall not be exempt from cancellation.
10 The
following heading and section are added:
Energy Supply
Object .
Corporation may produce and supply energy
9.1 (1) In this section, "energy"
means light, heat, cold or power distributed or delivered by water,
electricity, steam, natural gas or any other agent.
(2) The Corporation has the object
of the
generation, storage, transmission, exchange, sale or other disposition
of energy that is produced in connection with, or incidental to, the
acquiring, supplying, and distributing of water in accordance with the
Corporation's objects under section 8.
(3) The Corporation has the same
powers in
relation to the object referred to in subsection (2) as it has in
relation to its objects under section 8.
Local Government Act
11 Section
5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by
adding the following definition:
"greenhouse gas"
has the same meaning as in the Greenhouse Gas Reduction
Targets Act; .
12 Section
694 (0.1) is repealed.
13 Section
848 is amended by repealing the definition of "affected
local government" and substituting the following:
"affected local
government", in
relation to a regional growth strategy, means a local government whose
acceptance of the regional growth strategy is required under
section 857 or would be required if that section applied, and
includes the South Coast British Columbia Transportation Authority
continued under the South Coast British Columbia
Transportation Authority Act; .
14 Section
850 (2) is amended by adding the following paragraph:
(d) to the extent that these are
regional
matters, targets for the reduction of greenhouse gas emissions in the
regional district, and policies and actions proposed for the regional
district with respect to achieving those targets.
15 Section
853 (1) (c) is amended by adding ", except in
relation to an amendment under section 857.1 [minor
amendments to regional growth strategies]"
after "section 857".
16 Section
855 is amended
(a) by
adding the following subsection:
(2.1) In adopting a consultation
plan under
subsection (2), the board must consider whether the plan should include
the holding of a public hearing to provide an opportunity for persons,
organizations and authorities to make their views known before the
regional growth strategy is submitted for acceptance under
section 857. , and
(b) by
repealing subsections (4) and (5).
17 Section
857 (3) is amended by striking out "after the
public hearing under section 855 (4) and".
18 The
following section is added:
Minor amendments to regional growth strategies
857.1 (1) As
exceptions to the requirements of section 857 that would otherwise
apply to the amendment of a regional growth strategy, a regional growth
strategy may be amended
(a) in accordance with provisions
under subsection (2) of this section, or
(b) if the regional growth strategy
does not include provisions under subsection (2), in
accordance with subsection (3).
(2) A regional growth strategy may
include
provisions that establish a process for minor amendments to the
regional growth strategy, which must include the following:
(a) criteria for determining
whether a proposed amendment is minor for the purposes of allowing the
process to apply;
(b) a means for the views of
affected local governments respecting a proposed minor amendment to be
obtained and considered;
(c) a means for providing notice to
affected local governments respecting a proposed minor amendment;
(d) procedures for adopting the
minor amendment bylaw.
(3) A board may proceed with a
proposed amendment
to a regional growth strategy as a minor amendment in accordance with
the following:
(a) the board must give notice,
including notice
that the proposed amendment may be determined to be a minor amendment
and the date, time and place of the board meeting at which the amending
bylaw is to be considered for first reading, to each affected local
government at least 30 days before the meeting;
(b) before first reading of the
amending bylaw,
the board must allow an affected local government that is not
represented on the board an opportunity to make representations to the
board;
(c) if at first reading, the
amending bylaw
receives an affirmative vote of all board members attending the
meeting, the bylaw may be adopted in accordance with the procedures
that apply to the adoption of a regional growth strategy bylaw under
section 791 and the board's procedure bylaw;
(d) if at first reading, the
amending bylaw does
not receive an affirmative vote of all board members attending the
meeting, the bylaw may only be adopted in accordance with the procedure
established by section 857 [acceptance by affected
local governments required].
(4) The following may not be
considered a minor amendment for the purposes of this section:
(a) an amendment to a regional
growth strategy to establish or amend a process referred to in
subsection (2);
(b) an amendment to anything that
the minister
has established or directed under section 851 (3) or (4) or the
Lieutenant Governor in Council has required under section 852;
(c) an amendment to a regional
growth strategy proposed as a result of a resolution process under
section 859 (2) (a);
(d) a type of amendment prescribed
by regulation.
19 Section
866 (7) is repealed and the following substituted:
(7) Sections 856, 858 to 862 and 864
apply regarding the acceptance and adoption of a regional context
statement.
20 Section
877 is amended by adding the following subsection:
(3) An official community plan must
include
targets for the reduction of greenhouse gas emissions in the area
covered by the plan, and policies and actions of the local government
proposed with respect to achieving those targets.
21 Section
905.1 (8) is repealed and the following substituted:
(8) Subsection (7) does not apply to
a
development permit for land designated under section 919.1 (1)
(a)
to (c) and (h) to (j) [designation of development permit
areas], if the development permit is approved by the
inspector.
22 Section
906 is repealed and the following substituted:
Off-street parking and loading space requirements
906
(1) A local government may, by bylaw,
(a) require owners or occupiers of
any land or
building or other structure to provide off-street parking and loading
spaces for the building or other structure, or the use of the land,
building or other structure, including spaces for use by disabled
persons,
(b) establish design standards for
spaces
required under paragraph (a), including standards respecting the size,
surfacing, lighting and numbering of the spaces,
(c) permit off-street parking
spaces required
under paragraph (a) to be provided, other than on the site of the
building or other structure or use, under conditions that are specified
in the bylaw, and
(d) as an alternative to complying
with a
requirement to provide off-street parking spaces under paragraph (a),
permit, at the option of the owner or occupier of the land or building
or other structure, the payment to the municipality or regional
district of an amount of money specified in the bylaw.
(2) Money referred to in
subsection (1) (d) is payable
(a) at the time the building permit
is issued for the applicable building or other structure, or
(b) if no building permit is
required, at the time the use that requires the parking space specified
in the bylaw begins.
(3) A bylaw under this section may
make different provisions for one or more of the following:
(a) different classes of uses, or
of buildings or other structures as established by the bylaw;
(b) subject to subsection (4),
different activities and circumstances relevant to transportation needs
that are related to
(i) a use,
(ii) a building or other
structure, or
(iii) a class of use or of
buildings or other structures
as established by the bylaw;
(c) different areas;
(d) different zones;
(e) different uses within a zone.
(4) A provision under section (3)
(b) must not
increase the number of off-street parking spaces required under
subsection (1) (a).
(5) A provision under
subsection (3) that
establishes requirements with respect to the amount of space for
different classes does not apply with respect to
(a) land, or
(b) a building or other structure
existing at the time the bylaw came into force,
so long as the land, or building or
other
structure, continues to be put to a use that does not require more
off-street parking or loading spaces than were required for the use
existing at the time the bylaw came into force.
(6) A bylaw under this section may
exempt one or more of the following from any provisions of such a
bylaw:
(a) a class of use, or of buildings
or other structures, as established by the bylaw;
(b) an activity or circumstance
relevant to transportation needs that is related to
(i) a use,
(ii) a building or other
structure, or
(iii) a class of use or of
buildings or other structures
as established by the bylaw;
(c) a use, or building or other
structure, existing at the time of the adoption of a bylaw under this
section.
(7) If money is received by a
municipality or
regional district under subsection (2), the municipality or
regional district must
(a) establish a reserve fund for
the purpose of providing
(i) new and existing off-street
parking spaces, or
(ii) transportation
infrastructure that
supports walking, bicycling, public transit or other alternative forms
of transportation, and
(b) place the money to the credit
of the reserve fund.
(8) If reserve funds are established
for both the
purpose of subsection (7) (a) (i) and the purpose of subsection (7) (a)
(ii), the reserve funds must be separate.
(9) Before June 30 in each year, a
local
government must prepare and consider a report respecting the previous
year in relation to the reserve funds required under this section,
including the following information separately for each of the purposes
established under subsection (7):
(a) the amounts received under
subsection (2) in the applicable year;
(b) the expenditures from the
reserve funds in the applicable year;
(c) the balance in the reserve
funds at the start and at the end of the applicable year;
(d) the projected timeline for
future projects to be funded from the reserve funds.
(10) The local government must make
a report
under subsection (9) available to the public from the time it considers
the report until June 30 in the following year.
23 Section
919.1 (1) is amended by adding the following paragraphs:
(h) establishment of objectives to
promote energy conservation;
(i) establishment of objectives to
promote water conservation;
(j) establishment of objectives to
promote the reduction of greenhouse gas emissions.
24 Section
920 is amended
(a) by
repealing subsection (1) (e) and substituting the following:
(e) land within an area designated
under section
919.1 (1) (d), (h), (i) or (j), or a building or other
structure
on that land, must not be altered. , and
(b) by
adding the following subsections:
(10.1) A development permit for land
designated
under section 919.1 (1) (h), (i) or (j) may include
requirements
respecting
(a) landscaping,
(b) siting of buildings and other
structures,
(c) form and exterior design of
buildings and other structures,
(d) specific features in the
development, and
(e) machinery, equipment and
systems external to buildings and other structures
in order to provide for energy and
water conservation and the reduction of greenhouse gas emissions.
(10.2) A development permit for land
designated
under section 919.1 (1) (h), (i) or (j) may establish restrictions on
the type and placement of trees and other vegetation in proximity to
the buildings and other structures in order to provide for energy and
water conservation and the reduction of greenhouse gas emissions.
25 Section
933 is amended by adding the following subsection:
(4.01) A charge is not payable under
a bylaw made
under subsection (1) in relation to the construction, alteration or
extension of self-contained dwelling units in a building authorized
under a building permit if
(a) subject to a bylaw under
subsection (4.1)
(c) or a regulation under subsection (4.2) (c), each unit is
no
larger in area than 29 square metres, and
(b) each unit is to be put to no
other use other than the residential use in those dwelling units.
26 Section
933 is amended
(a) by
repealing subsections (4.1) and (4.2) and substituting the following:
(4.1) A local government may, in a
bylaw under subsection (1), do one or more of the following:
(a) provide that a charge is
payable under the bylaw in relation to a building permit referred to in
subsection (4) (b);
(b) establish an amount for the
purposes of
subsection (4) (c) (iii) that is greater than the amount otherwise
applicable under subsection (4) (c), subject to the maximum value
permitted under subsection (4.2) (b);
(c) establish an area for the
purposes of
subsection (4.01) (a) that is greater than the area otherwise
applicable, subject to the maximum area permitted under subsection
(4.2) (d).
(4.2) The minister may, by
regulation, do one or more of the following:
(a) prescribe an amount for the
purposes of subsection (4) (c) (ii);
(b) prescribe a maximum value that
may be established under subsection (4.1) (b);
(c) prescribe an area for the
purpose of subsection (4.01) (a);
(d) prescribe a maximum area that
may be established under
subsection (4.1) (c). ,
(b) in
subsection (11) by striking out "a local
government" and substituting "but
subject to section 933.1 [development for which charges may
be waived or reduced], a local government",
and
(c) by
repealing subsections (12) and (13).
27 The
following section is added:
Development for which charges may be waived or reduced
933.1 (1) In this section, "eligible
development"
means development that is eligible in accordance with an applicable
bylaw or regulation under this section as being for one or more of the
following categories:
(a) not-for-profit rental housing,
including supportive living housing;
(b) for-profit affordable rental
housing;
(c) a subdivision of small lots
that is designed to result in low greenhouse gas emissions;
(d) a development that is designed
to result in a low environmental impact.
(2) Subject to a bylaw under
subsection (3) and
an applicable regulation under subsection (4), a local
government
may waive or reduce a charge under section 933 [development
cost charges generally] for an eligible development.
(3) For the purposes of subsection
(2), the local government, by bylaw
(a) must establish what constitutes
an eligible
development or a class of eligible development for the purposes of one
or more categories of eligible development described in subsection (1),
(b) must establish the amount or
rates of
reduction for an eligible development, which may be different for
different categories of eligible development described in subsection
(1) or different classes of eligible development established in the
bylaw, and
(c) may establish the requirements
that must be
met in order to obtain a waiver or reduction under subsection (2) and
the conditions on which such a waiver or reduction may be granted.
(4) The minister may make
regulations
(a) establishing,
(b) restricting, or
(c) establishing criteria for
determining
what constitutes an eligible
development or a
class of eligible development for the purposes of one or more
categories of eligible development described in
subsection (1).
(5) The authority under subsection
(2) is an exception to
(a) section 182 (1) [prohibition
against assistance to business] of this Act, and
(b) section 25 (1) [prohibition
against assistance to business] of the Community
Charter.
(6) If a local government delegates
the power
under subsection (2), the person who is subject to the decision of the
delegate is entitled to have the local government reconsider the matter.
28 Section
934 (4) is repealed and the following substituted:
(4) In setting development cost
charges in a
bylaw under section 933 (1), a local government must
take the
following into consideration:
(a) future land use patterns and
development;
(b) the phasing of works and
services;
(c) the provision of park land
described in an official community plan;
(d) how development designed to
result in a low
environmental impact may affect the capital costs of infrastructure
referred to in section 933 (2) and (2.1);
(e) whether the charges
(i) are excessive in relation to
the capital cost of prevailing standards of service,
(ii) will deter development,
(iii) will discourage the
construction of reasonably priced housing or the provision of
reasonably priced serviced land, or
(iv) will discourage development
designed to result in a low environmental impact
in the municipality or regional
district.
29 The
following section is added:
Annual development cost charges report
937.01 (1)
Before June 30 in each year, a local government must prepare and
consider a report in accordance with this section respecting the
previous year.
(2) The report must include the
following,
reported for each purpose under subsections (2) and (2.1) of
section 933 for which the local government imposes the development cost
charge in the applicable year:
(a) the amount of development cost
charges received;
(b) the expenditures from the
development cost charge reserve funds;
(c) the balance in the development
cost charge reserve funds at the start and at the end of the applicable
year;
(d) any waivers and reductions
under section 933.1 (2).
(3) The local government must make
the report
available to the public from the time it considers the report until
June 30 in the following year.
30 Section
937.2 is amended by repealing the definition of "eligible
development" and substituting the following:
"eligible
development" means
(a) a subdivision of land in a
school district, or
(b) any new construction,
alteration or
extension of a building in a school district that increases the number
of self-contained dwelling units on a parcel
and includes an eligible
development as defined in section 933.1(1), in a school
district; .
31 Section
937.3 is amended by adding the following subsection:
(3.2) A school site acquisition
charge is not
payable under subsection (1) in relation to the construction,
alteration or extension of self-contained dwelling units in a building
authorized under a building permit if
(a) subject to a local government
bylaw under
section 933 (4.1) (c) or a regulation under subsection (4.2) (c) of
that section, each unit is no larger in area than 29 square metres, and
(b) each unit is to be put to no
other use other than the residential use in those dwelling units.
32 Section
937.3 is amended by adding the following subsection:
(3.3) If a development cost charge
is waived or
reduced under section 933.1 (2), a school site acquisition charge under
subsection (1) of this section must be waived or reduced to the same
extent.
Vancouver Charter
33 Section
306 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended
(a) by
renumbering the section as section 306 (1),
(b) by
repealing subsection (1) (r), (s) and (s.1) and substituting the
following:
Off-street parking and loading space requirements
(r) with respect to loading and
off-street parking for motor vehicles and bicycles to
(i) require owners or occupiers
of any land
or building to provide off-street parking and loading spaces for the
land or building, or the use of the land or building, including spaces
for use by disabled persons,
(ii) establish design standards
for spaces
required under subparagraph (i), including standards respecting the
size, surfacing, lighting and numbering of the spaces,
(iii) permit off-street parking
spaces
required under subparagraph (i) to be provided, other than on the site
of the building or use, under conditions that are specified in the
by-law, and
(iv) as an alternative to
complying with a
requirement to provide off-street parking spaces under subparagraph
(i), permit, at the option of the owner or occupier of the land or
building, the payment to the city of an amount of money specified in
the by-law; , and
(c) by
adding the following subsections:
(2) Money referred to in subsection
(1) (r) (iv) is payable
(a) at the time the building permit
is issued for the applicable building, or
(b) if no building permit is
required, at the time the use that requires the parking space specified
in the by-law begins.
(3) A by-law under subsection (1)
(r) may make different provisions for one or more of the following:
(a) different classes of uses or of
buildings as established by the by-law;
(b) subject to subsection (4),
different activities and circumstances relevant to transportation needs
that are related to
(i) a use,
(ii) a building, or
(iii) a class of use or of
buildings
as established by the by-law;
(c) different areas;
(d) different zones;
(e) different uses within a zone.
(4) A provision under subsection (3)
(b) must not
increase the number of off-street parking spaces required under
subsection (1) (r).
(5) A provision under subsection (3)
that
establishes requirements with respect to the amount of space for
different classes does not apply with respect to
(a) land, or
(b) a building existing at the time
the by-law came into force,
so long as the land or building
continues to be
put to a use that does not require more off-street parking or loading
spaces than were required for the use existing at the time the by-law
came into force.
(6) A by-law under subsection (1)
(r) may exempt one or more of the following from any provisions of such
a by-law:
(a) a class of use, or of
buildings, as established by the by-law;
(b) an activity or circumstance
relevant to transportation needs that is related to
(i) a use,
(ii) a building, or
(iii) a class of use or of
buildings
as established by the by-law;
(c) a use or building existing at
the time of the adoption of a by-law under this paragraph;
(d) residential, cultural or
recreational uses of a building that is designated as a heritage site
under the Heritage Conservation Act.
(7) If money is received by the city
under subsection (2), the city must
(a) establish a reserve fund for
the purpose of providing
(i) new and existing off-street
parking spaces, or
(ii) transportation
infrastructure that
supports walking, bicycling, public transit or other alternative forms
of transportation, and
(b) place the money to the credit
of the reserve fund.
(8) If reserve funds are established
for both the
purpose of subsection (7) (a) (i) and the purpose of subsection (7) (a)
(ii), the reserve funds must be separate.
(9) In each year the Director of
Finance must
prepare and submit to the Council a report for the previous year that
includes the following:
(i) the amounts received under
subsection (2) in the applicable year;
(ii) the expenditures from the
reserve funds in the applicable year;
(iii) the balance in the reserve
funds at the start and at the end of the applicable year;
(iv) the projected timeline for
future projects to be funded from the reserve funds.
(10) As soon as practicable after
receiving the
report under subsection (9), the Council must consider the report and
make it available to the public.
34 Sections
307 and 308 are amended by striking out "clause
(j) or (q) of section 306" and substituting "section
306 (1) (j) or (q)".
35 Section
523D (10) is amended by adding the following paragraph:
(b.1) in relation to the
construction,
alteration or extension of self-contained dwelling units authorized
under a building permit if
(i) subject to a by-law under
subsection (10.2), each unit is no larger in area than 29 square
metres, and
(ii) each unit is to be put to
no other use other than the residential use in those dwelling
units, .
36 Section
523D is amended by adding the following subsections:
(10.2) A by-law made under this
section may
establish an area for the purposes of subsection (10) (b.1)
(i)
that is greater than the area otherwise applicable.
(10.3) In subsections (10.4) and
(10.5), "eligible development"
means development that is eligible in accordance with an applicable
by-law under this section as being for one or more of the following
categories:
(a) for-profit affordable rental
housing;
(b) a subdivision of small lots
that is designed to result in low greenhouse gas emissions;
(c) a development that is designed
to result in a low environmental impact.
(10.4) Subject to a by-law under
subsection
(10.5), the Council may waive or reduce a levy under this section for
an eligible development.
(10.5) For the purposes of
subsection (10.4), the Council, by by-law
(a) shall establish what
constitutes an eligible
development or a class of eligible development for the purposes of one
or more categories of eligible development described in subsection
(10.3),
(b) shall establish the amount or
rates of
reduction for an eligible development, which may be different for
different categories of eligible development described in subsection
(10.3) or different classes of eligible development established in the
by-law, and
(c) may establish the terms and
conditions that must be met in order to obtain a waiver or reduction
under subsection (10.4).
(18.1) In each year,
(a) the Director of Finance must
prepare and
submit to the Council a report for the previous year that includes the
following, reported for each purpose under this section for which the
Council imposes the development cost levy in the applicable year:
(i) the amount of development
cost levies received;
(ii) the expenditures from the
development cost levy reserve funds;
(iii) the balance in the
development cost levy reserve funds at the start and at the end of the
applicable year;
(iv) any waivers and reductions
under subsection (10.4), and
(b) as soon as practicable after
receiving the
report, the Council must consider the report and make it available to
the public.
37 Section
559 is amended by adding the following definition:
"greenhouse gas"
has the same meaning as in the Greenhouse Gas Reduction
Targets Act; .
38 The
following section is added:
Greenhouse gas emissions reduction targets
562.01
An
official development plan under section 562 must include targets for
the reduction of greenhouse gas emissions in the area covered by the
plan, and policies and actions of the Council proposed with respect to
achieving those targets.
Transitional
Provisions
Transition — greenhouse gas emissions
reduction targets
in planning documents
39
(1) The
requirements to establish targets, policies and actions regarding
greenhouse gas emission reductions under section
850 (2) (d) [required content of regional
growth strategy] and section 877 (3) [required
content of official community plan] of the Local
Government Act and section 562.01 [greenhouse
gas emissions reduction targets] of the Vancouver
Charter
do not apply to a bylaw adopted before or after this section comes into
force until May 31, 2010 for an official community plan or official
development plan and May 31, 2011 for a regional growth strategy, or
such later date as is established under subsection (2).
(2) The minister may, by order made
before or
after the date previously applicable under subsection (1), establish a
later date
(a) for the purposes of subsection
(1) generally,
(b) in relation to a described
class of municipality or regional district,
(c) in relation to a specified
local authority, or
(d) in relation to a described
class of official
community plans, official development plans or regional growth
strategies and described actions in relation to those plans and
strategies.
Transition — consultation plans
40
If, before amendments made by this Act to sections 855 and 857 (3) of
the Local Government Act
come into force, a consultation plan under
section 855 (2) of
that Act has been adopted, the regional district board may proceed
under the previous enactment and the previous enactment continues to
apply for that purpose until the consultation plan is amended.
Transition — off-street parking reserve funds
41
Despite section 189 of the Community Charter, if
a local government has established a reserve fund under section 906 (4)
of the Local Government Act or the city has
established a reserve fund under section 306 (s.1) of the Vancouver
Charter,
as those sections read before amendments made by this Act to those
sections came into force, a local government or the city may, by bylaw,
transfer all or part of the amount in the reserve fund to a reserve
fund established under section 906 (7) (a) (ii) of
the Local Government Act or section 306 (7) (a)
(ii) of the Vancouver Charter, as enacted by this
Act.
Transition — annual reserve fund reporting
requirements
42
Reports
under the following provisions, as those provisions are enacted by this
Act, are not required with respect to the 2007 year:
(a) sections 906 (9) and 937.01 of
the Local Government Act;
(b) sections 306 (9) and 523D
(18.1) of the Vancouver Charter.
Transition — development cost charge bylaws
43
Requirements under section 934 (4) (d) and (e) (iv) of the Local
Government Act or section 58.4 (4) (a) (ii) and (b)
(iv) of the Greater Vancouver Sewerage and Drainage District
Act,
as enacted by this Act, for development cost charges do not apply to a
development cost charge bylaw that has received first reading before
this section comes into force, unless and until the bylaw is amended.
Commencement
44
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:
Item |
Column 1
Provisions of Act |
Column 2
Commencement |
1 |
Anything not elsewhere
covered by this table |
The date of Royal Assent |
2 |
Section 3 |
October 1, 2008 |
3 |
Section 25 |
October 1, 2008 |
4 |
Section 31 |
October 1, 2008 |
5 |
Section 35 |
October 1, 2008 |