This archived statute consolidation is current to November 8, 1991 and includes changes enacted and in force by that date.

Municipal Act

[RSBC 1979] CHAPTER 290

Introduction and Application

Interpretation

1.  In this Act

"approving officer" means an approving officer as defined in the Land Title Act;

"assessed value" means assessed value determined under the Assessment Act;

"assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act;

"assessor" means an assessor appointed under the Assessment Authority Act;

"building inspector" means a person to whom a local government has assigned the responsibility for administering bylaws enacted under section 734 (1) (a);

"charge" means a charge under the Land Title Act;

"city" means a municipality incorporated or re-incorporated as a city but does not include the City of Vancouver;

"clerk" means the clerk of a municipality appointed under any Act;

"council" means the municipal council;

"district" means a municipality incorporated or re-incorporated as a township or district;

"elector" means a person registered under this Act as an elector in the list of electors of a municipality or a regional district;

"farm land" means land so classified by the assessor;

"highway" includes a street, road, lane, bridge, viaduct and any other way open to public use, but does not include a private right of way on private property;

"improvements" means improvements as defined in the Assessment Act;

"improvement district" means an improvement district incorporated under this or any other Act;

"inspector" means the inspector of municipalities;

"land" includes the surface of water but does not include improvements, mines or minerals belonging to the Crown, or mines or minerals for which title in fee simple has been registered in the land title office but for the purposes of assessment and taxation, 'land' has the same meaning as in the Assessment Act;

"land title office" means the land title office for the land title district in which the municipality or the land is situate;

"letters patent" include supplementary letters patent;

"municipality", for this Act, but not for any other Act unless expressly made applicable by that Act, means the corporation into which the residents of an area have been incorporated as a municipality under any Act, but does not include, except where expressly provided, the City of Vancouver, an improvement district, or a regional district;

"newspaper" means a publication or local periodical that

(a) contains items of news and advertising, and

(b) is distributed at least weekly in a municipality, regional district or area that is affected by the matter in respect of which a provision of this Act requires publication in a newspaper;

"occupier" means a person

(a) who is qualified to maintain an action for trespass;

(b) in possession of Crown land under a homestead entry or pre-emption record;

(c) in possession of Crown land or land owned by a municipality under a lease, licence, agreement for sale, accepted application to purchase, easement, or other record from the Crown or municipality, or who simply occupies the land;

"other administrative body" means a body other than the council, which under this or another Act may exercise powers of a municipality, and includes a municipal police board;

"owner" in respect of real property means the registered owner of an estate in fee simple, and includes

(a) the tenant for life under a registered life estate;

(b) the registered holder of the last registered agreement for sale;

(c) the holder or occupier of land held in the manner mentioned in sections 409 and 410;

(d) an Indian who is an owner under the letters patent of a municipality, incorporated under section 10;

(e) [Repealed 1980-18-19, effective January 1, 1981.]

"parcel" means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway;

"population" means population determined by the last preceding census taken by Canada, or, where a municipality has been incorporated or its area has been adjusted after that census, determined by a certificate of the minister;

"presiding officer", for elections under this Act, means returning officer or deputy returning officer;

"printing" includes any means of reproducing the written word;

"real property" means land, with or without improvements so affixed to the land as to make them in fact and law a part of it;

"registered owner" means the person registered in the land title office as entitled to the fee simple, and "registered" and "registration", when used in connection with any less interest, refer to registration of a charge;

"regulating" includes authorizing, controlling, inspecting, limiting and restricting;

"subdivision servicing bylaw" means a bylaw adopted under section 989;

"zoning bylaw" means a bylaw adopted under section 963.

Historical Note(s): RS1960-255-2; 1965-28-2; 1966-31-2,5; 1967-28-2; 1968-33-2; 1970-29-2; 1973-133-1; 1974-56-1; 1975-47-1; 1976-36-1; 1977-30-40; 1977-75-8; 1978-25-332,333,334; 1980-18-19, effective January 1, 1981; 1985-20-28, effective October 1, 1985 for some purposes and in full effect January 1, 1987 (B.C. Reg. 291/85); 1985-79-1; 1986-2-13, effective January 1, 1987 (B.C. Reg. 187/86); 1987-14-1; 1989-59-1; 1989-40-139.

Construction of words applying to officer by his name of office

1.1  Words in this Act or in an enactment, or in a bylaw or resolution of a municipal council or regional board, directing or empowering an officer of the municipality or regional district to do something or otherwise applying to him by his name of office, include his successor in office, his lawful deputy and any other person the council or board may by bylaw or resolution designate to act in his place.

Historical Note(s): 1982-76-25.

Time

2.  (1) A period of time expressed in days is exclusive of any holiday defined by the Interpretation Act.

(2) Section 25 (3) of the Interpretation Act does not apply to polling day.

(3) Where Mountain Standard Time or Mountain Daylight Time is customarily used in a municipality, that time applies for Parts 1, 2 and 3.

Historical Note(s): RS1960-255-4; 1968-33-3; 1971-38-1.

[Editorial Note(s): section 25 (3) provides an extension of time to the next day the offices open where the time to do an act falls or expires on a day the office is not open.]

Resolving doubts: Municipal Act and another Act

3.  The Lieutenant Governor in Council may make regulations applicable generally to

(a) all municipalities,

(b) one or more classes of municipalities, or

(c) all regional districts

for settling any doubt on matters of procedure arising from the concurrent administration of this Act and another Act.

Historical Note(s): 1989-59-2.

Two-thirds majority

4.  A requirement in this Act for an affirmative vote of at least 2/3 of all members of a council means an affirmative vote of at least 2/3 of the number of members of which the council consists under this Act.

Historical Note(s): RS1960-255-6.

Jurisdiction of council

5.  The jurisdiction of a council is confined to the municipal area the council represents, unless wider authority is expressly conferred by statute.

Historical Note(s): RS1960-255-7.

Contents  | Introduction  | Part 1  | Part 2  | Part 3  | Part 4  | Part 5  | Part 6  | Part 7  | Part 8  | Part 9  | Part 10  | Part 11  | Part 12  | Part 13  | Part 14  | Part 15  | Part 16  | Part 17  | Part 18  | Part 19  | Part 20  | Part 21  | Part 22  | Part 23  | Part 24  | Part 25  | Part 26  | Part 27  | Part 28  | Part 29