Definitions

1   In this Act;

"ministry" means the ministry of the minister charged with responsibility for the administration of the Local Government Act and the Community Charter;

"UBCM" means the Union of British Columbia Municipalities.

Union of British Columbia Municipalities continued

2   The Union of British Columbia Municipalities is continued as a corporation, consisting of its members and without share capital.

Objects of UBCM

3   The objects of UBCM are as follows:

(a) to secure united action among members in dealing with all matters of common interest to the municipal, regional district, First Nation and Islands Trust members of UBCM, and, when considered expedient, to represent members in matters affecting them or the welfare or interests of their citizens;

(b) to cooperate with other organizations in dealing with matters under the legislative jurisdiction of Canada;

(c) to discuss and to deal with all problems of local government governance and local government finance;

(d) to cooperate with the ministry in the continued development of sound local government in the Province, and to recommend amendments to the Local Government Act, the Community Charter and any other Acts that may affect the affairs of local governments, and to cooperate with any other bodies having similar aims;

(e) to represent and assist members in maintaining and furthering local government autonomy to a degree beneficial to the public interest at the local government level;

(f) to acquire, assimilate, and distribute among the members statistics, enactments, results of judicial findings, and other general information that is considered of value to the members;

(g) to hold meetings in accordance with its bylaws for promoting its objects and for creating and fostering a collegial spirit among those engaged in local government work;

(h) to encourage and promote the organization and development of area associations and, for the purposes of the Local Government Act, the Community Charter and any other Acts, to confirm all such associations that are bona fide area associations;

(i) to promote and initiate educational training in local government administration, including contributing, receiving, managing and investing contributions and donations from members or other persons for the C.S.J. McKelvey Scholarship Fund or other funds and expending these in granting scholarships and bursaries to local government employees and officers for improving their education or proficiency in local government administration;

(j) without restricting the generality of paragraphs (a) to (i), to carry on all of the activities previously conducted by the Union of British Columbia Municipalities as it existed before the enactment of the Union of British Columbia Municipalities Incorporation Act, S.B.C. 1959, c. 106.

Relationship with other organizations

4   UBCM may become a member of or cooperate with any other society or association, whether incorporated or not, whose objects are in whole or in part similar to the objects of UBCM.

Power to adopt bylaws

5   (1) UBCM may, in general meetings, make bylaws governing its operations and procedure.

(2) Without restricting the generality of subsection (1), bylaws under that subsection may include all or any of the matters authorized to be dealt with by bylaws under the Societies Act.

Property and borrowing powers

6   (1) UBCM may

(a) hold, possess, develop, or acquire by purchase, lease, exchange, donation, devise, bequest, endowment or otherwise, any real and personal property necessarily useful for carrying out its purposes and objects, and

(b) sell, lease, mortgage, pledge, hypothecate or alienate that property in any manner.

(2) UBCM may

(a) borrow, raise or secure the payment of money in the manner that it thinks fit, subject to the provisions of its bylaws, and

(b) draw, make, accept, endorse, execute and issue promissory notes, bills of exchange and other negotiable instruments.

Application of other Acts to UBCM

7   (1) The following provisions of the Business Corporations Act apply to UBCM:

(a) section 9 (1) [service of documents on corporation];

(b) section 27 [name to be displayed];

(c) section 31 [joint tenancy in property];

(d) section 32 [extraterritorial capacity];

(e) section 34 (1) [registered office and records office];

(f) section 35 [notice of change of address];

(g) section 42 (1) (p) [financial statements and auditor's report to be kept at records office] and section 46 (3) [access to records office records] as it applies in relation to section 42 (1) (p);

(h) section 50 [registrar order for access to records] as it applies in relation to records referred to in section 42 (1) (p) of that Act;

(i) section 126 [register of directors];

(j) section 128 (3) (a) [removal of director by special resolution] and section 131 (a) [appointment to fill vacancy];

(k) section 142 (3) [provisions exempting or indemnifying directors];

(l) section 143 [validity of acts of directors and officers];

(m) section 145 [corporate representatives];

(n) section 182 [annual general meeting required];

(o) section 186 [court orders for meetings] as it applies in relation to annual general meetings;

(p) section 193 [form and effect of contracts];

(q) section 196 [accounting records];

(r) sections 198 [financial statements] and 199 [approval of financial statements];

(s) section 204 (1) to (5) [appointment of auditors];

(t) section 206 [independence of auditors];

(u) section 207 [remuneration of auditors];

(v) sections 212 [auditor reports] and 213 [reasons for qualified opinion];

(w) section 215 (1) [questions at annual general meeting];

(x) section 217 (1) [auditor's right of access];

(y) section 219 [auditor may attend and speak at meetings];

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

(2) [Repealed 2024-3-8.]

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

(4) A person who contravenes any of the following commits an offence:

(a) section 27 of the Business Corporations Act, as it applies under subsection (1) (b) of this section;

(b) section 34 (1) of the Business Corporations Act, as it applies under subsection (1) (e) of this section;

(c) section 42 (1) (p) of the Business Corporations Act, as it applies under subsection (1) (g) of this section;

(d) section 46 (3) of the Business Corporations Act, as it applies under subsection (1) (g) of this section;

(e) section 182 of the Business Corporations Act, as it applies under subsection (1) (n) of this section;

(f) section 196 of the Business Corporations Act, as it applies under subsection (1) (q) of this section.

(g) to (i) [Repealed 2008-5-95.]

(5) The following provisions of the Societies Act apply to UBCM:

(a) section 3 [no share capital];

(b) section 4 [restrictions on distributions];

(c) section 5 [liability of members];

(d) section 6 [capacity and powers of society];

(e) section 20 (1) (h) [register of members to be kept];

(f) section 27 (4) (b) (i) [member entitled to copy of constitution and bylaws];

(g) section 28 [copies of financial statements], except that, in applying that section to UBCM, in addition to any other necessary changes, section 28 (2) is to be read as if the phrase ", other than a person who is entitled under section 24 [inspection of records] to inspect the financial statements of a society," were excluded;

(h) section 67 (4) [membership not transferable];

(i) Part 10 [Liquidation, Dissolution and Restoration].

(6) [Repealed 2024-3-8.]

(7) If provisions referred to in subsections (1) to (5) are varied by or inconsistent with or repugnant to the provisions of this Act, the provisions of this Act prevail to the extent of the variation, inconsistency, or repugnancy.

(8) and (9) [Repealed 2024-3-8.]