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"Point in Time" Regulation Content

Local Government Act

Regional Growth Strategies Regulation

B.C. Reg. 192/98

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 May 17, 2018
Section 2 May 17, 2018
Section 3 May 17, 2018
Section 4 May 17, 2018
February 26, 2021
Section 5 May 17, 2018
February 26, 2021
Section 8 May 17, 2018
Section 14 May 17, 2018
Section 15 May 17, 2018
Section 16 May 17, 2018
Section 19 February 26, 2021
Section 20 February 26, 2021
Section 21 May 17, 2018
Section 27 February 26, 2021
Section 28 February 26, 2021
Section 36 February 26, 2021

 Section 1 definitions of "facilitator" and "neutral" BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

"facilitator" means a facilitator as defined in section 848 of the Act;

"neutral" means a person appointed as a member of a peer panel under section 861 (1) of the Act or as a single arbitrator under section 861 (2) or (3) of the Act;

 Section 2 (1) and (2) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(1) This regulation applies to all settlement processes conducted under section 861 of the Act.

(2) The Commercial Arbitration Act does not apply to a settlement process conducted under section 861 of the Act.

 Section 3 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(1) The proposing board and the local governments that refused to accept a regional growth strategy must agree on the settlement process option they wish to employ under section 861 of the Act no later than

(a) 84 days after a non-binding resolution process under section 859 of the Act is concluded without acceptance of the regional growth strategy, or

(b) 28 days after the minister gives a direction under section 859 (2) (b) of the Act that the regional growth strategy is to be settled under section 860 of the Act.

 Section 4 (1) (b) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(b) the local governments that are eligible to select that person under section 861 of the Act, and

 Section 4 (1) (part) and (2) (part) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.

(1) Before a person may be selected as a neutral, a signed statement that he or she knows of no circumstances likely to give rise to justifiable doubts as to his or her independence or impartiality in the regional growth strategy under consideration must be provided by the person to

(2) If circumstances likely to give rise to justifiable doubts as to his or her independence or impartiality in the regional growth strategy under consideration arise after the selection, a neutral must immediately disclose these circumstances to

 Section 5 (1) (part) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(1) No later than 28 days after the settlement process option has been determined, the proposing board and the local governments that refused to accept the regional growth strategy must select, as applicable, from the lists under section 862 (1) of the Act,

 Section 5 (5) (d) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.

(d) exceeded his or her powers, or

 Section 8 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(1) Part 2 applies to all peer panel settlement processes selected by the parties or directed by the minister under section 860 (3) of the Act.

 Section 14 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(1) In order to provide an opportunity to make a request for written reasons as permitted under section 861 of the Act, the peer panel must give the participating parties advance notice of its intent to retire to make its decision.

 Section 15 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(1) Unless the participating parties agree on a regional growth strategy during the settlement process or the minister extends the time period, the peer panel must settle the disputed issues of the regional growth strategy, including giving any written reasons requested under section 861 of the Act, within 70 days from the date the last peer panel member was selected.

 Section 16 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(1) Part 3 applies to all final proposal settlement processes selected by the parties or directed by the minister under section 860 (3) of the Act.

 Section 19 (4) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.

(4) Nothing in subsection (3) must be construed to limit, in any way, any settlement discussions which the participating parties may wish to carry on during the time period in which the arbitrator is considering his or her decision.

 Section 20 (1) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.

(1) Unless the participating parties agree on a regional growth strategy during the settlement process or the minister extends the time period, the arbitrator must settle the disputed issues of the regional growth strategy within 63 days of the date of his or her selection.

 Section 21 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.

(1) Part 4 applies to all full arbitration settlement processes selected by the parties or directed by the minister under section 860 (3) of the Act.

 Section 27 (2) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.

(2) The arbitrator may rule on his or her jurisdiction.

 Section 28 (1) (part) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.

(1) The arbitrator must convene a preliminary meeting, in person or by conference call, with the participating parties within 21 days of his or her selection to

 Section 36 (3) and (5) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.

(3) Not later than 7 days after receiving the decision, a participating party may apply to the arbitrator for clarification of the provisions of the settled regional growth strategy, and the arbitrator may amend that part of his or her decision if the arbitrator considers that the amendment will clarify it.

(5) Subsection (3) does not apply to the reasons given by the arbitrator in making his or her decision on the provisions of the regional growth strategy.