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B.C. Reg. 17/2000
O.C. 70/2000
Deposited January 28, 2000
This consolidation is current to June 18, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Local Government Act

School Site Acquisition Charge Regulation

[includes amendments up to B.C. Reg. 118/2018, June 15, 2018]

Contents
1Repealed
2Exemption from school site acquisition charges
3Eligible development
4Prescribed factors for section 575 of the Local Government Act
5Maximum school site acquisition charges
6Local government administration fees
7Payment of disbursements for transfers of land to board of education

Repealed

1   Repealed. [B.C. Reg. 118/2018, s. 16.]

Exemption from school site acquisition charges

2   (1) The following categories of eligible development are exempt from school site acquisition charges under section 572 (1) of the Local Government Act:

(a) hospitals as defined in section 1 of the Hospital Act;

(b) private hospitals or hospitals as defined in section 5 (1) of the Hospital Act;

(c) a hospital under paragraphs (c) to (e) of the definition of "hospital" in section 1 of the Hospital Insurance Act;

(d) bunkhouses or camp buildings;

(e) hotels as defined in the Residential Tenancy Act;

(f) community care facilities as defined in the Community Care Facility Act;

(g) nonprofit housing, including facilities owned or operated by

(i) a society under the Societies Act, other than a member-funded society as defined in section 190 of that Act,

(ii) a municipality or a regional district,

(iii) a college designated under the College and Institute Act,

(iv) a university or institute named in the University Act, Royal Roads University Act, Institute of Technology Act, Technical University of British Columbia Act or University of Northern British Columbia Act,

(v) a school board or a francophone education authority under the School Act, or

(vi) an authority under the Independent School Act;

(h) a property for which financial assistance has been provided under the Human Resource Facility Act for nonprofit housing;

(i) housing for elderly citizens for which a grant or other assistance has been given under section 8.1 of the Ministry of Lands, Parks and Housing Act;

(j) Repealed. [B.C. Reg. 38/2010.]

(k) a nonprofit housing cooperative under the Cooperative Association Act;

(l) a private mental hospital as defined in section 1 of the Mental Health Act.

(2) Subsection (1) does not apply to an eligible development to which section 573 (4) of the Local Government Act applies.

[am. B.C. Regs. 38/2010; 211/2015, s. 33; 118/2018, s. 17.]

Eligible development

3   The categories of eligible development for the purposes of Division 19 of Part 14 of the Local Government Act are low density, medium low density, medium density, medium high density and high density which are defined as follows:

"low density" means up to 21 self-contained dwelling units on a gross hectare;

"medium low density" means 21 to 50 self-contained dwelling units on a gross hectare;

"medium density" means 51 to 125 self-contained dwelling units on a gross hectare;

"medium high density" means 126 to 200 self-contained dwelling units on a gross hectare;

"high density" means over 200 self-contained dwelling units on a gross hectare.

[am. B.C. Reg. 118/2018, s. 18.]

Prescribed factors for section 575 of the Local Government Act

4   The factors for the purpose of the definition of "prescribed factor" in the formula in section 575 (1) of the Local Government Act are set out in Column 1 in the following Table for the corresponding categories in Column 2 in that Table.

Table
Column 1 Column 2
Factor to be applied for each
Category of Eligible Development
 Category of Eligible Development
1.25 low density
1.125 medium low density
1.00 medium density
0.875 medium high density
0.75 high density

[am. B.C. Reg. 118/2018, s. 19.]

Maximum school site acquisition charges

5   For each category listed in Column 1 in the following Table, the maximum school site acquisition charge payable per unit is the corresponding entry in Column 2 in that Table.

Table
Column 1Column 2
Category of Eligible DevelopmentMaximum Charge per unit
low density$1 000
medium low density$900
medium density$800
medium high density$700
high density$600

Local government administration fees

6   (1) A local government may retain from money collected under section 572 (1) of the Local Government Act as an administration fee $2 000 per school year in addition to 0.1% of school site acquisition charges collected.

(2) Subsection (1) applies unless a school board and local government agree otherwise.

[am. B.C. Reg. 118/2018, s. 20.]

Payment of disbursements for transfers of land to board of education

7   (1) In this section, "disbursements" means any expenses necessarily incurred by a local government relating to the transfer of land transferred to a school board under section 580 of the Local Government Act.

(2) If land has been transferred under section 580 of the Local Government Act to a school board, the school board must reimburse the local government for any disbursements.

(3) Subsection (2) applies unless a school board and local government agree otherwise.

[am. B.C. Reg. 118/2018, s. 21.]

[Provisions relevant to the enactment of this regulation: Local Government Act, R.S.B.C. 2015, c. 1, s. 581]