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This Act is current to May 13, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Municipalities Enabling And Validating Act (No. 5)

[SBC 2023] CHAPTER 3

Assented to March 9, 2023

Contents
1Definitions
2Termination of specified land use contract on set date
3Process for early termination of specified land use contract
4Notice of termination
5Discharge of terminated specified land use contract
6Repealed
7Validation of City of Vancouver bylaw
8Housing agreement

Definitions

1   In this Act:

"land use contract" means land use contract as defined in section 1 [definitions] of the Schedule to the Local Government Act;

"regional district" means the Regional District of Okanagan-Similkameen;

"registrar of land titles" means registrar of land titles as defined in section 1 of the Schedule to the Local Government Act;

"specified land use contract" means the land use contract identified as Land Use Contract No. LU-6-D, authorized on February 22, 1973 by Regional District Amendment Bylaw No. 169, 1973 and entered into by the regional district on March 9, 1973.

Termination of specified land use contract on set date

2   (1) Section 547 (1) [termination of all land use contracts in 2024] of the Local Government Act does not apply to the specified land use contract and, instead, the specified land use contract is terminated on June 30, 2034 or, if a later date is prescribed, on the later date.

(2) Sections 547 (2), 548 [process for early termination of land use contract], 549 [notice of termination] and 550 [discharge of terminated land use contract] of the Local Government Act do not apply in relation to the specified land use contract.

(3) For the purposes of subsection (1), the Lieutenant Governor in Council may, before June 30, 2032, make regulations prescribing a date later than June 30, 2034.

(4) The regional district must adopt a zoning bylaw that will, on the date the specified land use contract is terminated under subsection (1), apply to the land subject to the specified land use contract.

(5) A zoning bylaw under subsection (4) must be adopted by June 30, 2032 or, if a date is prescribed under subsection (3), by the date that is 2 years before the prescribed date.

Process for early termination of specified land use contract

3   (1) In this section:

"charge number" means charge number as defined in section 548 (1) of the Local Government Act;

"parcel identifier" means parcel identifier as defined in section 548 (1) of the Local Government Act.

(2) Despite section 2, the regional district may, by bylaw, terminate the specified land use contract.

(3) A bylaw under subsection (2)

(a) must not be adopted after June 30, 2032 or, if a date is prescribed under section 2 (3), after the date that is 2 years before the prescribed date,

(b) must provide that the bylaw comes into force on a date that is

(i) at least one year after the date the bylaw is adopted, and

(ii) not later than June 30, 2034 or, if a date is prescribed under section 2 (3), not later than the prescribed date, and

(c) must not be adopted unless the regional district has adopted a zoning bylaw that will, on the date the bylaw under subsection (2) of this section comes into force, apply to the land subject to the specified land use contract.

(4) Section 546 [amendment and discharge of land use contract] of the Local Government Act does not apply in relation to a bylaw adopted under subsection (2) of this section.

(5) Within 30 days after adopting a bylaw under subsection (2), the regional district must give written notice of the bylaw to the proper land title office for each parcel of land subject to the specified land use contract.

(6) A notice under subsection (5) must

(a) be in a form satisfactory to the registrar of land titles,

(b) include a certified copy of the bylaw, and

(c) identify the following:

(i) the charge number of the specified land use contract;

(ii) the legal description and parcel identifier of each parcel of land subject to the specified land use contract.

Notice of termination

4   (1) The regional district must give written notice of the termination of the specified land use contract to the owners of the land subject to the specified land use contract.

(2) A notice under subsection (1) must

(a) be mailed or otherwise delivered as follows:

(i) if the regional district adopts a bylaw under section 3 that will terminate the specified land use contract, by the date that is 10 days after the adoption of the bylaw to the owners as shown on the assessment roll as at the date of the first reading of the bylaw;

(ii) if subparagraph (i) does not apply, by June 30, 2032 or, if a date is prescribed under section 2 (3), by the date that is 2 years before the prescribed date to the owners as shown on the assessment roll as at a date no more than one month before the notice is mailed or delivered,

(b) identify the place where and the times and dates when zoning bylaws are available for public inspection, and

(c) if the regional district adopts a bylaw under section 3 that will terminate the specified land use contract, inform the owners that they may apply to a board of variance for an exemption under section 543 [exemption to relieve hardship from early termination of land use contract] of the Local Government Act.

(3) The obligation to deliver a notice under subsection (2) (a) is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Discharge of terminated specified land use contract

5   (1) This section applies despite any enactment or law to the contrary.

(2) If the specified land use contract is registered as a charge against a title to land and the specified land use contract is terminated under section 2 or 3, the charge is deemed to be discharged as of the date of the termination of the specified land use contract.

(3) The following are conclusive proof that the specified land use contract is terminated:

(a) before June 30, 2034 or, if a date is prescribed under section 2 (3), before the prescribed date,

(i) this Act, and

(ii) a certified copy of the bylaw under section 3 that terminates the specified land use contract;

(b) on or after June 30, 2034 or, if a date is prescribed under section 2 (3), on or after the prescribed date, this Act.

(4) The registrar of land titles is not required to inquire whether a bylaw under section 3 has been made in accordance with this Act before cancelling the registration of a charge that is discharged by operation of that bylaw and subsection (2) of this section.

Repealed

6   [Repealed 2023-22-1.]

Validation of City of Vancouver bylaw

7   (1) In this section:

"amending bylaw" means the proposed bylaw titled "A By-law to amend Zoning and Development By-law No. 3575", as it read on July 26, 2022, that would amend the Zoning District Plan attached as Schedule D to the zoning bylaw by rezoning the properties;

"properties" means the properties legally described as follows:

(a) PID 015-212-157, Lot 2, except the Vancouver and Lulu Island Railway Right of Way as shown on Miscellaneous Plan 218, Block 305, District Lot 526, Plan 590;

(b) PID 023-856-319, Parcel K, Block 305, District Lot 526, Group 1, New Westminster District, Plan LMP 34537;

(c) PID 015-188-451, Lot 19, except the Vancouver and Lulu Island Right of Way as shown on Miscellaneous Plan 218, Block 305, District Lot 526, Plan 590;

(d) PID 015-188-485, Lot 20, Block 305, District Lot 526, Plan 590;

"Vancouver council" means the Council as defined in section 2 of the Vancouver Charter;

"zoning bylaw" means the City of Vancouver's Zoning and Development Bylaw No. 3575.

(2) Despite section 566 [amendment or repeal of zoning by-law] of the Vancouver Charter, despite the City of Vancouver's Procedure By-law No. 12577 and despite any decision of a court to the contrary made before or after this section comes into force,

(a) the public hearing on the amending bylaw, held on June 28, 29 and 30, 2022 and on July 14, 25 and 26, 2022, is conclusively deemed to have been validly held,

(b) the amending bylaw is conclusively deemed to have been validly adopted by the Vancouver council, and

(c) all powers and duties in relation to the zoning bylaw, as amended by the amending bylaw, may be exercised or performed as if the amending bylaw had been validly adopted by the Vancouver council under section 566 of the Vancouver Charter.

Housing agreement

8   (1) In this section, "Vancouver council" means the Council as defined in section 2 of the Vancouver Charter.

(2) Despite section 565.2 (1) [housing agreements for affordable and special needs housing] of the Vancouver Charter, the Vancouver council may, without adopting a bylaw for that purpose, enter into a housing agreement in relation to the properties as defined in section 7 of this Act.

(3) If the Vancouver council enters into a housing agreement under subsection (2), section 565.2 (2) to (8) of the Vancouver Charter applies in relation to the housing agreement as if it were entered into by bylaw of the Vancouver council in accordance with section 565.2 (1) of the Vancouver Charter.