BILL 2 – 2022
MUNICIPALITIES ENABLING AND VALIDATING (No. 4)
AMENDMENT ACT, 2022

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

1 The Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14, is amended by adding the following Part:

Part 6 – 2022

Definitions

56 In this Part:

"council" means the council of The Corporation of the Village of Lytton;

"legislated requirement" means a requirement or condition established by an enactment, other than a regulation under section 59, in relation to adopting a bylaw;

"municipality" means The Corporation of the Village of Lytton;

"specified bylaw" means a bylaw of the council that was in force on June 30, 2021 and in respect of which the official record is lost, in whole or in part, as a result of fire.

Validation of Lytton bylaws

57 (1) In this section, "validation period" means the period beginning on June 30, 2021 and ending on either June 30, 2031 or, if the Lieutenant Governor in Council prescribes an earlier date, the prescribed date.

(2) A bylaw of the council that is adopted during the validation period and that repeals, or repeals and replaces, a specified bylaw is conclusively deemed to have been validly adopted in the circumstances set out in subsection (3).

(3) For the purposes of subsection (2), the circumstances are as follows:

(a) if a legislated requirement applies in relation to adopting the bylaw,

(i) the council has complied with the legislated requirement,

(ii) an exception to the legislated requirement has been provided in a regulation under section 59 and the council has complied with any term or condition established by the regulation regarding the exception, or

(iii) a modification of the legislated requirement has been provided in a regulation under section 59 and the council has complied with the legislated requirement as modified and with any term or condition established by the regulation regarding the modification;

(b) if a regulation under section 59 establishes a requirement or condition to operate in place of or as an alternative to a legislated requirement that applies in relation to adopting the bylaw, the council has complied with the requirement or condition established by the regulation.

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

2 The following section is added:

Validation of actions under specified bylaws

58 (1) In this section, "validation period", in relation to a specified bylaw, means the period beginning on June 30, 2021 and ending on the earlier of the following dates:

(a) the effective date of a bylaw that repeals the specified bylaw;

(b) June 30, 2031 or, if the Lieutenant Governor in Council prescribes an earlier date, the prescribed date.

(2) Subject to subsection (3), an action or decision taken by the municipality under a specified bylaw, or purported to be taken under the specified bylaw, during the validation period is conclusively deemed to be validly taken.

(3) Subsection (2) does not apply in relation to an action or decision taken, or omitted, in bad faith.

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

3 The following section is added:

Power to make regulations

59 (1) For the purposes of this Part, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1) and despite any other enactment, the Lieutenant Governor in Council may make regulations as follows:

(a) providing the council with an exception to or a modification of a legislated requirement;

(b) establishing terms or conditions regarding an exception or modification under paragraph (a);

(c) establishing, for the council, a requirement or condition that operates in place of or as an alternative to a legislated requirement;

(d) respecting any other matter for which regulations are contemplated by this Part.

(3) A regulation under subsection (2) may be different for different bylaws or classes of bylaws.

(4) A regulation under subsection (2) (a), (b) or (c) may be made retroactive to June 30, 2021 or a later date and, if made retroactive, is deemed to have come into force on the specified date.

Commencement

4 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: