BILL 4 – 2024
MUNICIPAL AFFAIRS STATUTES AMENDMENT ACT, 2024

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

Municipal Finance Authority Act

1 Section 2 (9) of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is repealed and the following substituted:

(9) Not later than the last day of February in each calendar year, the regional board of each regional district must appoint from among its directors the required number of persons as members of the authority.

(9.1) The term of a member appointed in accordance with subsection (9) begins at the first meeting of the calendar year after the member is appointed and continues

(a) until the first meeting after the members of the authority are appointed in accordance with subsection (9) in the next calendar year, or

(b) until a successor is appointed.

2 Section 4 (1) is amended by striking out "March 31" and substituting "May 15" and by striking out "each year" and substituting "each calendar year".

3 Section 7 (2) is repealed and the following substituted:

(2) At its first meeting in each calendar year, the authority must elect the required number of trustees to hold office

(a) until the first meeting of the next calendar year, or

(b) until their successors are elected.

4 Section 16 (5) is amended by striking out "year" wherever it appears and substituting "calendar year".

Union of British Columbia Municipalities Act

5 The preamble to the Union of British Columbia Municipalities Act, R.S.B.C. 2006, c. 1, is amended by striking out "WHEREAS the Union of British Columbia Municipalities is a body formed for the purpose of representing in one organization the various municipalities of the Province:" and substituting "WHEREAS the Union of British Columbia Municipalities is a body formed for the purpose of representing in one organization the various local governments of the Province of British Columbia;".

6 Section 3 is amended

(a) in paragraph (a) by striking out "all matters of common municipal interest" and substituting "all matters of common interest to the municipal, regional district, First Nation and Islands Trust members of UBCM",

(b) in paragraph (c) by striking out "municipal government and municipal taxation" and substituting "local government governance and local government finance",

(c) in paragraph (d) by striking out "municipal government" and substituting "local government" and by striking out "municipalities" and substituting "local governments",

(d) in paragraphs (e), (g) and (i) by striking out "municipal" wherever it appears and substituting "local government", and

(e) in paragraph (h) by striking out "certify" and substituting "confirm".

7 Section 4 is amended by striking out "If authorized by simple resolution of the membership,".

8 Section 7 is amended

(a) in subsection (1) by adding the following paragraph:

(z) section 234 [relief in legal proceedings]. ,

(b) by repealing subsections (2), (6), (8) and (9),

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

(3) The provision referred to in subsection (1) (k) also applies to the auditors of UBCM. , and

(d) in subsection (7) by striking out "subsections (1) to (6)" and substituting "subsections (1) to (5)".

9 The following sections are added:

Reporting on remuneration of directors

8 The following information must be provided in a note in the financial statements of UBCM required under section 7 (1) (r) in respect of the remuneration, if any, paid by UBCM to the directors:

(a) a list of all of the directors to whom UBCM paid, during the period in relation to which the financial statements are prepared,

(i) remuneration for being a director, or

(ii) remuneration for acting in another capacity,

which list must include the position or title of each director and may include, but is not required to include, the directors' names;

(b) the amount of remuneration, if any, described in paragraph (a) (i) paid to each director;

(c) the amount of remuneration, if any, described in paragraph (a) (ii) paid to each director and a description of the capacity in which each such director acted.

Reporting on remuneration of employees and contractors

9 (1) In this section:

"applicable period" means the period in relation to which the UBCM financial statements are prepared;

"contractor" means a person who is under a contract for services with UBCM.

(2) The information that must be provided in a note in the financial statements of UBCM required under section 7 (1) (r) in respect of the remuneration paid by UBCM to all the persons who are employees or contractors whose remuneration, during the applicable period, was at least $75 000, is either of the following:

(a) a list of those persons, which list

(i) must include, in the case of employees, each employee's position or title and, in the case of contractors, the nature of the contractual services provided by each contractor,

(ii) must include the amount of remuneration paid during the applicable period to each of those persons, and

(iii) may include, but is not required to include, the persons' names;

(b) the total number of those persons and the total amount of remuneration paid during the applicable period to those persons.

Vancouver Charter

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

"animal control officer" means

(a) an employee, officer or agent designated by the Council as an animal control officer for the purposes of this Act, or

(b) a peace officer; .

11 The following section is added:

Procedures for dog licence suspensions and revocations

278A. (1) In this section:

"delegation" means a delegation made under subsection (2);

"dog licence" means a licence that has been granted under a by-law described in section 272 (1) (h).

(2) The Council may, by by-law, delegate to an animal control officer the authority to suspend or revoke dog licences.

(3) Section 278 does not apply if a delegation is made.

(4) An animal control officer who acts under a delegation

(a) may suspend or revoke a dog licence on such terms as the officer may think fit,

(b) must, before revoking a dog licence, give to the licence holder an opportunity to be heard, and

(c) must give to a licence holder written reasons for suspending or revoking the holder's dog licence.

(5) Subsection (4) (b) and (c) does not apply if the licence holder cannot be found by reasonable efforts.

(6) If a licence holder's dog licence has been suspended or revoked by an animal control officer, the holder may appeal to the Chief Licence Inspector in accordance with the procedure prescribed by by‑law.

(7) On considering an appeal, the Chief Licence Inspector may confirm or set aside a suspension or revocation of a dog licence on such terms as the Chief Licence Inspector may think fit.

12 Section 324.1 (1) is amended by repealing the definition of "animal control officer".

13 Section 565F is repealed and the following substituted:

Landscaping requirements

565F. (1) The Council may, by by-law, provide that one or more of the following may include requirements as described under subsection (2):

(a) a permit for a conditional approval use;

(b) a district or zone designated under section 565 (1) (f);

(c) a condition of a development permit.

(2) For the purposes of subsection (1), the Council may include requirements as follows:

(a) respecting the provision, maintenance and retention of landscaping;

(b) respecting the submission of one or more of the following:

(i) plans showing the landscaping to be provided, maintained and retained;

(ii) information, including surveys and reports, respecting existing landscaping and the effects of proposed landscaping.

(3) Nothing in subsections (1) (c) and (2) limits any other condition of a development permit that may be imposed under this Act.

Commencement

14 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:

Explanatory Notes

CLAUSE 1: [Municipal Finance Authority Act, section 2] amends the section to align with definitions in the Interpretation Act by substituting "year" with "calendar year" and to clarify the term of the appointment consequential to the amendment.

CLAUSE 2: [Municipal Finance Authority Act, section 4] changes the date by which the members of the authority must meet for the first time each year and amends the section to align with definitions in the Interpretation Act by substituting "year" with "calendar year".

CLAUSE 3: [Municipal Finance Authority Act, section 7] amends the section to align with definitions in the Interpretation Act by substituting "year" with "calendar year".

CLAUSE 4: [Municipal Finance Authority Act, section 16] amends the section to align with definitions in the Interpretation Act by substituting "year" with "calendar year".

CLAUSE 5: [Union of British Columbia Municipalities Act, preamble] amends the preamble to replace "municipalities" with "local governments".

CLAUSE 6: [Union of British Columbia Municipalities Act, section 3]

• makes amendments to indicate that a municipality, regional district, First Nation or the Islands Trust may be a member of UBCM;
• replaces "municipality" with "local government" throughout;
• replaces "certify" with "confirm" in relation to area associations.

CLAUSE 7: [Union of British Columbia Municipalities Act, section 4] changes how UBCM is authorized to become a member of or cooperate with certain other societies or associations by no longer requiring simple resolution of the membership to join.

CLAUSE 8: [Union of British Columbia Municipalities Act, section 7]

• adds a provision of the Business Corporations Act to apply to UBCM;
• repeals certain provisions of the Act such that the provisions of various repealed Acts referred to in those provisions will no longer apply to UBCM;
• makes amendments consequential to the repealed provisions of the Act.

CLAUSE 9: [Union of British Columbia Municipalities Act, sections 8 and 9] adds 2 sections related to reporting on remuneration of UBCM directors and certain employees and contractors.

CLAUSE 10: [Vancouver Charter, section 2] relocates the definition of "animal control officer" from section 324.1 of the Act.

CLAUSE 11: [Vancouver Charter, section 278A] authorizes

• the Council to delegate to animal control officers the suspension or revocation of dog licences, and
• the Chief Licence Inspector to hear appeals from the suspension or revocation of dog licences by animal control officers.

CLAUSE 12: [Vancouver Charter, section 324.1] is consequential to the amendment made by this Bill to section 2 of the Act.

CLAUSE 13: [Vancouver Charter, section 565F] expands the authority of the Council

• to provide that landscaping requirements can be imposed as conditions of development permits, and
• with respect to the types of information that can be required regarding landscaping.