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"Point in Time" Regulation Content

Local Government Act

Regional District of Comox-Strathcona Regulation

B.C. Reg. 44/90

 Regulation BEFORE repealed by BC Reg 215/2009, effective September 3, 2009.

B.C. Reg. 44/90
O.C. 218/90
Deposited February 9, 1990

Local Government Act

Regional District of Comox-Strathcona Regulation

 Transit service

1  The Regional District of Comox-Strathcona is granted the additional power to operate a transit service as a local service.

 Emergency Programs

2  The Regional District of Comox-Strathcona is granted the additional power to provide Emergency Programs as an extended service under the Emergency Program Act.

[en. B.C. Reg. 462/92.]

 E 9-1-1 Emergency Telephone Service

3  The Regional District of Comox-Strathcona is granted the additional power to provide E 9-1-1 Emergency Telephone Service as an extended service.

[en. B.C. Reg. 193/93.]

 Voting — water supply service

4  (1)  In this section:

"participating areas" means the City of Courtenay, the Town of Comox and Electoral Areas A, B and C;

"water supply service" means the function of Division VI - Water Supply as described in the supplementary letters patent, Order in Council No. 541/67, as amended by Order in Council No. 854/78, and to the continuation of that function as a local service on adoption of a bylaw under section 775 (4) of the Local Government Act1.

(2)  If the requirements of subsection (3) are met, as an exception to section 791 (4) of the Local Government Act for voting in relation to the water supply service, at both the board and at the Water Committee under subsection (3), the directors for the participating areas have the number of votes assigned under this section.

(3)  In order for the exception under subsection (2) to apply, the board must

(a) establish a standing committee, to be known as the Water Committee, composed of those directors of the board who represent the participating areas, and

(b) delegate the administration of the water supply service to that Water Committee under section 176 (1) (e) of the Local Government Act.

(4)  For 1996, the assignment of votes is as follows:

City of Courtenay .....................6 votes
Town of Comox .......................3 votes
Electoral Area A .......................1 vote
Electoral Area B .......................1 vote
Electoral Area C .......................1 vote

(5)  For 1997 and the following years, the regional district secretary must

(a) on or before January 5, determine the proportional percentages of water from the water supply service consumed by the participating areas in the preceding year,

(b) on or before January 10, apply the percentages in accordance with subsections (6) and (7) to determine the number of votes assigned to each participating area director, and

(c) at the first meeting of the board in February, report the assigned number of votes for each participating area director.

(6)  The number of votes for a participating area is to be determined using the following formula:

number of votes = (percentage consumption by participating area) x (0.12)

(7)  If the number resulting from the formula under subsection (6) is not a whole number, it must be

(a) rounded up to one vote if it is less than one,

(b) rounded to the nearest whole number in other cases, and

(c) rounded up to the nearest whole number if it is exactly half way between two whole numbers and is not rounded up under paragraph (a).

(8)  The assignment of votes as determined and reported under subsection (5) by the regional district secretary is final and binding and applies until the assignment of votes is next determined and reported under this section.

[en. B.C. Reg. 207/96.]

 Payment of judgment

5  (1)  The Regional District of Comox-Strathcona is granted the power to borrow without obtaining the assent of the electors to a maximum amount of $2 750 000 in accordance with section 831.1 (1) (a) of the Local Government Act for the purpose of paying the amount of a judgment in British Columbia Supreme Court Action No. B894421 notwithstanding that the amount of the judgment is not to be paid into court as security for payment for the judgment.

(2)  Section 847 (2) and (3) of the Local Government Act2 applies to any monies paid by the Regional District of Comox-Strathcona to meet the judgment in the action referred to in subsection (1).

[en. B.C. Reg. 161/97.]

 Community Justice Centre

6  The Regional District of Comox-Strathcona is granted the additional power to establish an extended service to make contributions towards operation of a Community Justice Centre.

[en. B.C. Reg. 145/2000.]

 Declared nuisances

7  The Regional District of Comox-Strathcona is granted the additional power to exercise the powers conferred on the council of a municipality under Division 12 of Part 3 of the Community Charter, except the powers conferred under sections 73 and 75, subject to the terms and conditions set out in that Division.

[en. B.C. Reg. 204/2004.]

1.R.S.B.C. 1996-323-775, repealed by 2000-7-88, eff. August 30, 2000.
2.R.S.B.C. 1996-323-847 (2) and (3), repealed by 2000-7-120. See now s. 803.1 (2) and (3).

[Provisions of the Local Government Act, R.S.B.C. 1996, c. 323, relevant to the enactment of this regulation: section 799]