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“Point in Time” Act Content

VANCOUVER CHARTER

[SBC 1953] CHAPTER 55

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
2January 13, 2003
 May 13, 2004
 June 3, 2010
 May 29, 2014
 May 31, 2018
 April 16, 2019
 May 30, 2019
 March 25, 2021
 May 11, 2023
 December 7, 2023
 March 14, 2024
2.1February 19, 2003
[retro from October 23, 2003]
 January 1, 2004
 March 31, 2004
 October 21, 2004
 March 28, 2006
 May 29, 2014
 January 1, 2016
 March 5, 2020
 July 11, 2021
 July 11, 2021
 May 11, 2023
2.2October 26, 2023
3June 3, 2010
 February 28, 2022
3.1February 28, 2022
3.2February 28, 2022
5June 2, 2022
7March 5, 2008
 May 29, 2014
 May 29, 2014
 May 29, 2014
8January 1, 2019
9May 29, 2014
 January 1, 2016
 November 25, 2021
10January 1, 2004
 January 14, 2010
 May 29, 2014
 May 29, 2014
 January 1, 2016
 May 19, 2016
 May 19, 2016
 May 19, 2016
 June 2, 2022
11December 1, 2007
 January 14, 2010
13May 29, 2014
14May 29, 2014
15January 14, 2010
 May 29, 2014
17February 28, 2022
21June 2, 2022
 June 2, 2022
22May 29, 2014
23May 29, 2014
 March 25, 2021
 March 25, 2021
24May 29, 2014
30.1March 5, 2008
31March 5, 2008
34January 14, 2010
35March 5, 2008
 November 25, 2021
 November 25, 2021
36November 25, 2021
38January 1, 2004
 May 29, 2014
 January 1, 2016
 January 1, 2016
 June 2, 2022
39January 1, 2004
 June 2, 2022
39.1June 2, 2022
Part I, Division 6May 29, 2014
41November 25, 2021
42May 19, 2016
43March 5, 2008
44March 5, 2008
 May 29, 2014
 December 1, 2021
 June 2, 2022
44.1May 29, 2014
45March 5, 2008
 May 29, 2014
 May 29, 2014
 November 25, 2021
 November 25, 2021
45.1May 29, 2014
45.2May 29, 2014
 November 25, 2021
Part I, Division 6.1May 29, 2014
45.3December 1, 2021
45.4December 1, 2021
45.5December 1, 2021
45.6November 25, 2021
 June 2, 2022
45.7November 25, 2021
 December 1, 2021
Part I, Division 6.2May 29, 2014
46November 25, 2021
47July 1, 2010
 May 29, 2014
48May 29, 2014
49March 5, 2008
 May 29, 2014
50January 14, 2010
51May 29, 2014
52January 14, 2010
 May 29, 2014
 November 25, 2021
53May 29, 2014
55March 5, 2008
 March 5, 2008
 March 5, 2008
Division 8, sections 55 to 65May 29, 2014
56March 5, 2008
57March 5, 2008
57.01March 5, 2008
57.1March 5, 2008
58March 5, 2008
59March 5, 2008
 March 5, 2008
60March 5, 2008
 March 5, 2008
61March 5, 2008
 March 5, 2008
 March 5, 2008
62March 5, 2008
 March 5, 2008
 March 5, 2008
 March 5, 2008
 March 5, 2008
 March 5, 2008
 March 5, 2008
62.1March 5, 2008
 March 5, 2008
62.2March 5, 2008
63March 5, 2008
 March 5, 2008
64.1March 5, 2008
64.2March 5, 2008
64.4March 5, 2008
65March 5, 2008
67May 29, 2014
69March 5, 2008
 March 5, 2008
 May 29, 2014
 November 25, 2021
70March 5, 2008
72March 5, 2008
 June 17, 2021
 June 2, 2022
74December 1, 2007
77May 29, 2014
 May 29, 2014
81December 1, 2007
84December 1, 2007
85June 2, 2022
87March 5, 2008
 June 2, 2022
 June 2, 2022
95May 29, 2014
105December 1, 2007
108November 25, 2021
112July 1, 2010
114May 29, 2014
115May 29, 2014
 June 2, 2022
116May 29, 2014
117March 25, 2021
118July 1, 2010
122December 1, 2007
 December 1, 2007
 March 5, 2008
 March 5, 2008
 March 5, 2008
 May 29, 2014
 May 29, 2014
 May 19, 2016
 May 19, 2016
Part I, Division 16.1, section 122.1March 25, 2021
124.1March 5, 2008
 March 5, 2008
 March 5, 2008
 May 29, 2014
125December 1, 2007
 March 5, 2008
 March 5, 2008
 March 5, 2008
 May 29, 2014
 May 29, 2014
 May 29, 2014
 June 2, 2022
125.2May 29, 2014
126March 5, 2008
 March 5, 2008
 May 29, 2014
 May 29, 2014
 May 29, 2014
 December 22, 2014
127December 1, 2007
 January 14, 2010
 May 29, 2014
128March 5, 2008
 March 5, 2008
 May 29, 2014
 January 1, 2016
 March 25, 2021
Part II, hdgMay 29, 2014
129May 29, 2014
130May 29, 2014
131January 14, 2010
Part II, Division 3 hdgMay 29, 2014
Division 3, sections 133 to 136.3May 29, 2014
135December 1, 2007
 May 29, 2014
136March 5, 2008
 March 25, 2019
 November 25, 2021
136.1December 1, 2007
Division 4, sections 136.4 to 136.7May 29, 2014
136.5November 25, 2021
137June 2, 2022
 June 2, 2022
139May 29, 2014
 May 29, 2014
 January 1, 2016
140May 29, 2014
141January 1, 2004
 May 29, 2014
142January 14, 2010
142.1January 1, 2004
 May 29, 2014
 May 29, 2014
142.2January 1, 2004
 June 2, 2022
142.3January 1, 2004
 July 1, 2010
143May 29, 2014
 January 1, 2016
 June 2, 2022
145.2January 1, 2004
 June 2, 2022
 June 2, 2022
145.3 to 145.9January 1, 2004
145.3May 29, 2014
145.4May 29, 2014
 June 2, 2022
145.5May 29, 2014
 June 2, 2022
145.6June 2, 2022
145.7May 29, 2014
145.8May 29, 2014
145.9May 29, 2014
145.91May 29, 2014
145.911May 29, 2014
145.92July 1, 2010
145.93June 13, 2022
145.94June 13, 2022
145.95June 13, 2022
145.96June 2, 2022
145.97June 2, 2022
145.98June 2, 2022
152March 31, 2014
154June 2, 2022
 November 8, 2023
156June 2, 2022
160January 1, 2016
161AOctober 29, 2009
 May 11, 2023
164.1June 17, 2021
 June 2, 2022
165.1January 1, 2004
165.2January 1, 2004
 October 29, 2009
 April 25, 2012
 June 2, 2022
165.21January 1, 2004
165.3January 1, 2004
165.4January 1, 2004
165.5January 1, 2004
165.6January 1, 2004
165.7May 30, 2013
 May 31, 2018
165.8January 1, 2004
165.9June 2, 2022
165.91June 2, 2022
167June 2, 2022
173November 8, 2023
177June 21, 2007
 June 21, 2007
178June 2, 2022
180December 4, 2006
 June 21, 2007
 June 2, 2022
 June 2, 2022
 June 2, 2022
 June 2, 2022
190.1January 18, 2009
191November 8, 2023
192.1January 1, 2004
193DJune 3, 2010
 May 11, 2023
194January 1, 2019
196AJanuary 1, 2004
 May 11, 2023
 May 11, 2023
199.01May 11, 2023
199.02May 11, 2023
200April 30, 2002
201April 30, 2002
204June 2, 2022
 March 30, 2023
205June 2, 2022
206AJune 2, 2022
 June 2, 2022
206CMay 31, 2018
206DMay 31, 2018
207June 2, 2022
208June 2, 2022
209June 2, 2022
211June 2, 2022
213June 2, 2022
214June 2, 2022
215June 2, 2022
219May 31, 2007
 July 30, 2010
 November 3, 2022
221January 1, 2004
222June 2, 2022
223June 2, 2022
224June 2, 2022
225June 2, 2022
227June 2, 2022
228June 2, 2022
229June 2, 2022
230June 24, 2015
232June 2, 2022
239AMay 31, 2018
240March 12, 2004
242March 29, 2007
 January 18, 2009
247AApril 30, 2002
252June 2, 2022
254June 2, 2022
259 and 260April 30, 2002
269June 2, 2022
270June 2, 2022
271June 2, 2022
272June 2, 2022
 June 2, 2022
 May 11, 2023
272.1September 16, 2019
273October 29, 2009
276June 2, 2022
277June 2, 2022
277.1March 29, 2007
278AMarch 14, 2024
279ADecember 5, 2003
279A.1March 14, 2013
 January 23, 2017
 January 23, 2017
279BMarch 27, 2003
 January 1, 2016
 June 2, 2022
 June 2, 2022
 May 11, 2023
 May 11, 2023
279CJanuary 1, 2016
 May 11, 2023
283June 2, 2022
289December 31, 2004
291May 11, 2023
291AJanuary 20, 2005
 June 2, 2022
 June 2, 2022
 June 2, 2022
292June 2, 2022
 May 11, 2023
293June 2, 2022
294March 10, 2016
 June 2, 2022
296June 2, 2022
300May 11, 2023
heading, s. 300.1March 29, 2007
302March 10, 2016
 May 11, 2023
303June 3, 2010
304March 31, 2008
 November 9, 2018
306April 1, 2004
 April 1, 2004
 March 31, 2008
 May 29, 2008
 May 29, 2008
 May 29, 2008
 May 29, 2008
 January 15, 2010
 May 31, 2018
 March 5, 2020
 June 2, 2022
 June 2, 2022
 June 2, 2022
 June 2, 2022
 June 2, 2022
 May 11, 2023
 December 7, 2023
306.01December 7, 2023
307May 29, 2008
 June 2, 2022
308May 29, 2008
308AMay 11, 2023
311January 1, 2004
 March 28, 2006
 June 2, 2022
312April 1, 2004
313June 2, 2022
314April 1, 2004
 March 18, 2013
 March 18, 2013
 June 2, 2022
 May 11, 2023
315February 29, 2016
317October 29, 2009
 June 28, 2004
 June 28, 2004
 December 31, 2004
 December 31, 2004
 December 4, 2006
 October 29, 2009
 March 14, 2013
 June 2, 2022
 June 2, 2022
 May 11, 2023
317.1September 16, 2019
318June 2, 2022
319May 20, 2004
 October 29, 2009
 October 29, 2009
 October 29, 2009
 May 11, 2023
319.1October 29, 2009
319.2October 29, 2009
323April 1, 2004
 October 29, 2009
 March 5, 2020
 June 2, 2022
 May 11, 2023
324.1January 1, 2004
 March 14, 2024
324AMarch 5, 2020
324BMarch 5, 2020
324CMarch 5, 2020
324DMarch 5, 2020
325March 31, 2009
326March 31, 2009
329June 2, 2022
330June 2, 2022
 June 2, 2022
 March 30, 2023
 May 11, 2023
Part XVI, hdgJuly 4, 2004
331July 4, 2004
 May 11, 2023
332July 4, 2004
333October 29, 2009
 March 5, 2020
333BMay 3, 2004
 August 1, 2007
333CJanuary 1, 2005
334March 28, 2006
335December 1, 2007
336June 2, 2022
 May 11, 2023
336DJanuary 20, 2005
 January 20, 2005
 January 20, 2005
 January 20, 2005
 June 2, 2022
Part XIX, section 338May 30, 2013
351June 2, 2022
372March 12, 2004
373May 31, 2007
374.1November 3, 2022
374.4September 24, 2007
 June 3, 2010
 April 1, 2013
 April 1, 2013
 April 1, 2013
 April 1, 2013
 April 1, 2013
 April 1, 2013
 April 1, 2013
 April 1, 2013
 March 14, 2013
 January 1, 2016
 February 21, 2018
[retro from March 15, 2018]
 January 1, 2019
[retro from April 11, 2019]
 January 1, 2019
[retro from April 11, 2019]
 January 1, 2019
[retro from April 11, 2019]
374.6November 3, 2022
376.1June 2, 2022
395AJune 2, 2022
396December 31, 2002
 December 31, 2003
 March 12, 2004
 May 13, 2004
 May 13, 2004
 July 4, 2004
 March 29, 2007
 September 24, 2007
 January 14, 2010
 July 30, 2010
 September 1, 2012
 September 1, 2012
 September 1, 2012
 November 28, 2013
 November 28, 2013
 June 2, 2022
 November 8, 2023
396AJune 3, 2010
396CJune 3, 2010
396EMay 31, 2007
 June 3, 2010
396FJuly 30, 2010
397June 17, 2021
399May 11, 2023
399.1March 14, 2013
401September 24, 2007
 March 14, 2013
401AMarch 14, 2013
402June 2, 2022
403March 14, 2013
 March 14, 2013
405March 14, 2013
409March 29, 2007
413June 2, 2022
421AJuly 1, 2007
421BApril 1, 2004
 February 21, 2018
[retro from March 15, 2018]
424June 3, 2010
428June 2, 2022
432June 2, 2022
434June 2, 2022
437June 2, 2022
439June 2, 2022
445March 14, 2013
446 (part)January 20, 2005
447June 2, 2022
451June 2, 2022
452June 2, 2022
453June 2, 2022
454June 2, 2022
455March 27, 2003
474.1May 29, 2014
482.1 to 482.3August 1, 2007
482.2November 25, 2021
482.4 to 482.9August 1, 2007
482.6July 1, 2010
482.91August 1, 2007
483March 28, 2006
484September 30, 2002
 July 4, 2004
486January 1, 2004
 May 29, 2014
 May 29, 2014
486AJanuary 1, 2004
 May 29, 2014
 June 2, 2022
486BJune 13, 2022
486CJune 2, 2022
488May 11, 2023
491October 29, 2009
 October 29, 2009
 October 29, 2009
491.1October 29, 2009
495ASeptember 29, 2021
496June 2, 2022
497AJune 2, 2022
499June 2, 2022
506March 12, 2004
510June 2, 2022
 June 2, 2022
512June 2, 2022
514June 2, 2022
516June 2, 2022
523BJune 2, 2022
523DSeptember 10, 2004
 September 10, 2004
 May 29, 2008
 October 1, 2008
 June 3, 2010
 June 3, 2010
 June 3, 2010
 January 1, 2011
 January 1, 2011
 January 1, 2011
 May 29, 2014
 May 29, 2014
 March 10, 2016
 May 31, 2018
 November 30, 2023
 November 30, 2023
Part XXIV-B, sections 523E to 523RNovember 30, 2023
530June 2, 2022
543June 2, 2022
544March 18, 2005
Part XXVII, Division (1), hdgMay 17, 2018
559January 13, 2003
 May 29, 2008
 May 31, 2018
 November 9, 2018
 March 25, 2021
 June 2, 2022
559.01December 7, 2023
Part XXVII, Division (2), hdgMay 17, 2018
560AJune 2, 2022
561January 13, 2003
 January 13, 2003
 January 13, 2003
 January 1, 2016
 January 1, 2016
 April 16, 2019
 November 30, 2023
 December 7, 2023
561AMarch 5, 2020
561BMarch 5, 2020
562January 13, 2003
 May 29, 2008
 May 31, 2018
 September 29, 2021
562.1July 1, 2007
562.01May 29, 2008
Part XXVII, hdg before section 565May 17, 2018
565May 31, 2018
 December 7, 2023
565.001December 7, 2023
565.01May 31, 2018
565.02May 31, 2018
565.03December 7, 2023
565.04December 7, 2023
565.05December 7, 2023
565.06December 7, 2023
565.07December 7, 2023
565.1November 30, 2023
 November 30, 2023
565AOctober 29, 2009
 October 29, 2009
 December 7, 2023
565BDecember 7, 2023
565CDecember 7, 2023
565FMarch 14, 2024
565.2January 20, 2005
 January 20, 2005
 January 20, 2005
 March 25, 2019
566May 29, 2008
 June 3, 2010
 September 29, 2021
 September 29, 2021
 February 28, 2022
 February 28, 2022
 December 7, 2023
 December 7, 2023
566.1December 7, 2023
568.1May 31, 2018
568.2May 31, 2018
568.3May 31, 2018
568.4May 31, 2018
570March 18, 2013
571March 28, 2006
571AMay 11, 2023
571AAMarch 28, 2006
571BMay 9, 2002
 July 8, 2004
 February 1, 2021
571CJuly 8, 2004
 March 1, 2023
571DJanuary 14, 2010
571EMay 31, 2018
Part XXVII, hdg before section 572May 17, 2018
572March 27, 2003
 March 27, 2003
 March 27, 2003
 March 27, 2003
 March 27, 2003
 March 27, 2003
 May 13, 2004
 May 13, 2004
 May 13, 2004
573January 1, 2004
 May 31, 2018
 June 2, 2022
 June 2, 2022
Part XXVII, hdg before section 574May 17, 2018
Part XXVII, Division 6, sections 574.1 to 574.6April 16, 2019
574.4November 30, 2023
 November 30, 2023
Part XXVII, Division (7), sections 574.61 and 574.62December 7, 2023
574.64December 7, 2023
576December 7, 2023
580October 29, 2009
 October 29, 2009
589AJanuary 13, 2003
592January 14, 2010
 May 31, 2018
 November 30, 2023
 December 7, 2023
 December 7, 2023
594May 29, 2008
 September 29, 2021
595March 18, 2013
595AJune 3, 2010
596January 13, 2003
596A and 596BJanuary 13, 2003
597January 13, 2003
 January 13, 2003
 May 31, 2018
 November 30, 2023
 November 30, 2023
599June 3, 2010
601January 13, 2003
 January 20, 2005
 January 20, 2005
 January 20, 2005
602January 13, 2003
604December 1, 2007
 October 29, 2009
605December 1, 2007
606December 1, 2007
Part XXIX, ss. 607 to 614January 1, 2004
613August 3, 2004
 March 18, 2005
Part XXX, sections 615 to 622July 28, 2016
Part XXXI, sections 623 to 627December 7, 2023
Part XXXI, Division (1) hdgDecember 7, 2023
Part XXXI, Division (2) hdgDecember 7, 2023
Part XXXI, Division (4), sections 629 to 633December 7, 2023

  Section 2 definition of "protected heritage property" BEFORE amended by 2002-22-25, effective January 13, 2003 (BC Reg 379/2002).

"protected heritage property" means property that is

(a) protected under section 13 (2) of the Heritage Conservation Act, or

(b) designated as protected under section 593;

  Section 2 definition of "registered owner" was added by 2004-34-19, effective May 13, 2004 (Royal Assent).

  Section 2 definition of "newspaper" was added by 2010-6-125, effective June 3, 2010 (Royal Assent).

  Section 2 definitions of "assent voting", "local government" and "Park Board" were added by 2014-19-112, effective May 29, 2014 (Royal Assent).

  Section 2 definition of "other administrative body" BEFORE amended by 2018-23-43, effective May 31, 2018 (Royal Assent).

"other administrative body" means an unincorporated body other than the Council, that under this or another Act may exercise powers of the city or Council, and includes the Board of Parks and Recreation and the Board of Police Commissioners;

  Section 2 definitions of "housing information" and "housing needs report" were added by 2018-20-5, effective April 16, 2019 (BC Reg 91/2019).

  Section 2 definition of "protected heritage property", paragraph (a) BEFORE amended by 2019-26-39, effective May 30, 2019 (Royal Assent).

(a) protected under section 13 (2) of the Heritage Conservation Act,

  Section 2 definitions of "housing cooperative" and "strata corporation" were added by 2021-5-84, effective March 25, 2021 (Royal Assent).

  Section 2 definition of "fee" was added by 2023-16-13, effective May 11, 2023 (Royal Assent).

  Section 2 definitions of "transit-oriented area" and "transit station" were added by 2023-48-12, effective December 7, 2023 (BC Reg 265/2023).

  Section 2 definition of "animal control officer" was added by 2024-3-10, effective March 14, 2024 (Royal Assent).

  Section 2.1 (2) BEFORE re-enacted by 2003-52-498(part), effective February 19, 2003 [retro from October 23, 2003 (Royal Assent)].

(2)  Despite anything in the Local Government Act to the contrary, the only provisions of that Act that apply to the city are the provisions referred to in subsection (1).

  Section 2.1 BEFORE re-enacted by 2003-52-498(rem), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

2.1  (1)  The following provisions of the Local Government Act apply to the city:

section 23 [transfer of Provincial tax money];

section 92.3 [disqualification list];

section 246 [joint exercise of powers with other municipalities];

sections 536 to 538 [boundary and transecting highways];

Division 3 of Part 20 [Licensing of Commercial Vehicles];

Division 2 of Part 22 [Protection of Trees];

section 726 (3) [fire and security alarm systems];

section 744 [improvement district property exempt from taxation];

Part 24 [Regional Districts];

Part 25 [Regional Growth Strategies];

section 931 (6) [fees and charges related to applications and inspections].

(2)  Section 193.1 [text not in force] of the Community Charter apply to the city.

(3)  The Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, and the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, apply to the city.

  Section 2.1 (2) BEFORE amended by 2004-7-9, effective March 31, 2004 (Royal Assent).

(2)  Section 193.1 and Division 3 [Dispute Resolution] of Part 9 of the Community Charter apply to the city.

  Section 2.1 (2.1) was added by 2004-67-38, effective October 21, 2004 (Royal Assent).

  Section 2.1 (1) BEFORE amended by 2006-3-26, effective March 28, 2006 (Royal Assent).

(1)  The following provisions of the Local Government Act apply to the city:

section 23 [transfer of Provincial tax money];

section 92.3 [disqualification list];

Division 3 [Licensing of Commercial Vehicles] of Part 20;

section 726 (3) [fire and security alarm systems];

section 744 [improvement district property exempt from taxation];

Part 24 [Regional Districts];

Part 25 [Regional Growth Strategies];

section 931 (6) [fees related to applications and inspections].

  Section 2.1 (1) BEFORE amended by 2014-19-112, effective May 29, 2014 (Royal Assent).

(1) The following provisions of the Local Government Act apply to the city:

section 23 [transfer of Provincial tax money];

section 92.3 [disqualification list];

Division 3 [Certification of Senior Officials] of Part 5.1;

Division 3 [Licensing of Commercial Vehicles] of Part 20;

section 726 (3) [fire and security alarm systems];

section 744 [improvement district property exempt from taxation];

Part 24 [Regional Districts];

Part 25 [Regional Growth Strategies];

section 931 (6) [fees related to applications and inspections].

  Section 2.1 (1) and (2) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(1) The following provisions of the Local Government Act apply to the city:

section 23 [transfer of Provincial tax money];

Division 3 [Certification of Senior Officials] of Part 5.1;

Division 3 [Licensing of Commercial Vehicles] of Part 20;

section 726 (3) [fire and security alarm systems];

section 744 [improvement district property exempt from taxation];

Part 24 [Regional Districts];

Part 25 [Regional Growth Strategies];

section 931 (6) [fees related to applications and inspections].

(2) The following provisions of the Community Charter apply to the city:

section 193.1 [interest calculation];

section 223 [exemptions under regulations];

Division 3 [Dispute Resolution] of Part 9 [Governmental Relations].

  Section 2.1 (1) (f) BEFORE repealed by 2020-1-8, effective March 5, 2020 (Royal Assent).

(f) Division 2 [Licensing of Commercial Vehicles] of Part 16;

  Section 2.1 (2) BEFORE amended by 2021-16-18(a), effective July 11, 2021.

(2) The following provisions of the Community Charter apply to the city:

(a) section 193.1 [interest calculation];

(b) section 223 [exemptions under regulations];

(c) Division 3 [Dispute Resolution] of Part 9 [Governmental Relations].

  Section 2.1 (4) (d) was added by 2021-16-18(b), effective July 11, 2021.

  Section 2.1 (4) (e) was added by 2023-22-3, effective May 11, 2023 (Royal Assent).

  Section 2.2 was enacted by 2023-32-44, effective October 26, 2023 (Royal Assent).

  Section 3 BEFORE re-enacted by 2010-6-126, effective June 3, 2010 (Royal Assent).

 Provision for publication in newspaper

3.  (1)  Whenever in this Act, or in any by-law passed pursuant to this Act, it is provided that any notice or other document is to be published in a stated number of issues of a newspaper, the required publication need not appear in issues of the same newspaper but may appear in two or more newspapers so long as it is published in the stated number of issues.

(2)  Whenever in this Act or in any by-law passed pursuant to this Act it is provided that any notice or other document is required to be published in a newspaper or any notice is required to be given by mail and if, in the opinion of Council, conditions prevailing at the time make it impossible to comply with such requirements of any of them, Council shall have power to determine an alternative procedure, and any notice given in accordance with that procedure shall for all purposes be an effective and valid notice.

1953-55-3; 1972-67-2.

  Section 3 BEFORE re-enacted by 2021-30-49, effective February 28, 2022 (BC Reg 17/2022).

Requirements for public notice

3   (1) If this section applies, the applicable notice must be published in accordance with this section.

(2) Subject to subsection (4), publication

(a) must be in a newspaper that is distributed at least weekly

(i) in the area affected by the subject matter of the notice, and

(ii) if the area affected is not in the city, also in the city, and

(b) unless otherwise provided, must be once each week for 2 consecutive weeks.

(3) The obligation under subsection (2) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.

(4) If publication under subsection (2) is not practicable, the notice may be given in the areas by alternative means as long as the notice

(a) is given within the same time period as required for publication,

(b) is given with the same frequency as required for publication, and

(c) provides notice that the Council considers is reasonably equivalent to that which would be provided by newspaper publication if it were practicable.

(5) As an exception, subsection (4) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.

(6) If the same matter is subject to 2 or more requirements for publication in accordance with this section, the notices may be combined so long as the requirements of all applicable provisions are met.

(7) The Council may provide any additional notice respecting a matter that it considers appropriate, including by the Internet or other electronic means.

2010-6-126.

  Section 3.1 was enacted by 2021-30-49, effective February 28, 2022 (BC Reg 17/2022).

  Section 3.2 was enacted by 2021-30-50, effective February 28, 2022 (BC Reg 17/2022).

  Section 5 BEFORE re-enacted by 2022-15-32, effective June 2, 2022 (Royal Assent).

Procedure if no deputy

5.   In the absence from his duties of any employee for whom no deputy has been appointed, or if such employee dies or otherwise ceases to hold office, the Mayor may in writing appoint some person to act in his stead pending action by the Council.

1953-55-5.

  Section 7 definition of "financial agent" BEFORE amended by 2008-5-38, effective March 5, 2008 (day after 1st Reading).

"financial agent" means a financial agent under section 57 of a candidate or elector organization within the meaning of Division (8);

  Section 7 definitions of "candidate", "elector organization", "general voting day", "neighbourhood constituency" and "voting opportunity" BEFORE amended by 2014-19-114, effective May 29, 2014 (Royal Assent).

"candidate" means

(a) a person who is declared to be a candidate under section 46, and

(b) for the purposes of Division (8), includes a person who accepts campaign contributions or incurs election expenses with the intention of

(i) becoming a candidate in an election, or

(ii) seeking the endorsement of an elector organization for an election;

"elector organization" means an organization that endorses a candidate under section 51;

"general voting day" means the day referred to in section 9 (2) or set under section 10 (5), 11 (1) or (3) or 114 (5);

"neighbourhood constituency" means a neighbourhood constituency established under section 138;

"voting opportunity" means an opportunity referred to in section 66 for some or all electors to vote in an election;

  Section 7 definitions of "endorse", "financial agent" and "local government" BEFORE repealed by 2014-19-114, effective May 29, 2014 (Royal Assent).

"endorse" means, in relation to an elector organization, endorsement under section 51 [ballot showing candidate endorsement by elector organization];

"financial agent" means a financial agent under section 57 [financial agent required for candidates, elector organizations and campaign organizers];

"local government" means,

(a) in relation to a municipality, including the city, the council of the municipality, and

(b) in relation to a regional district, the board of the regional district;

  Section 7 definitions of "election area", "endorsement", "endorsement documents", "held at the same time", "nomination deposit" and "official agent" were added by 2014-19-114, effective May 29, 2014 (Royal Assent).

  Section 8 BEFORE re-enacted by 2018-5-15, effective January 1, 2019 (BC Reg 272/2018).

Time not extended for voting days

8.   Section 25 (3) of the Interpretation Act, extending a time period if the time for doing an act falls on a day when a business office is not open during regular business hours, does not apply to a voting day.

1993-54-61.

  Section 9 (1) BEFORE amended by 2014-19-115, effective May 29, 2014 (Royal Assent).

(1) Elections for the Mayor and all Councillors, to be known collectively as a general local election, must be held in the year 1993 and in every 3rd year after that.

  Section 9 (2) BEFORE amended by 2014-19-185, effective January 1, 2016.

(2) General voting day for a general local election must be the 3rd Saturday of November in the year of the election.

  Section 9 BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

General local election

9.   (1) Elections for the Mayor and all Councillors, to be known collectively as a general local election, must be held in the year 2014 and in every 4th year after that.

(2) General voting day for a general local election must be the 3rd Saturday of October in the year of the election.

1993-54-61; 2014-19-115; 2014-19-185.

  Section 10 (1) BEFORE amended by 2003-52-499, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(1)  Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in the Council that occurs in any of the following circumstances:

(a) a person elected or appointed to the office under this Part dies before taking office or the person holding the office dies;

(b) the person holding the office resigns under section 142;

(c) the office is declared vacant on an application under section 115, or a candidate affected by such an application renounces claim to the office under subsection (9) of that section;

(d) the office becomes vacant under section 64 [disqualification for failure to file disclosure statement] or 141 [disqualification for failure to make oath or attend meetings];

(e) the office is declared vacant on an application under section 142.1;

(f) the office becomes vacant by a resolution under section 142.2 or is declared vacant on an application under subsection (4) of that section.

  Section 10 (6) (part) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(6)  If the number of members of Council is reduced to less than a quorum, the Minister of Municipal Affairs may either

  Section 10 (1) (d) BEFORE amended and (e) was added by 2014-19-116(a), effective May 29, 2014 (Royal Assent).

(d) the office becomes vacant under section 141 [circumstances in which a person is disqualified from office on Council].

  Section 10 (4) BEFORE amended by 2014-19-116(b), effective May 29, 2014 (Royal Assent).

(4) As soon as reasonably possible after a vacancy occurs for which an election is to be held under this section, the Council must appoint a chief election officer for the election.

  Section 10 (2) BEFORE amended by 2014-19-186, effective January 1, 2016.

(2) As an exception to subsection (1), the Council may decide that an election is not to be held if the vacancy occurs after July 1 in the year of a general local election that will fill the office.

  Section 10 (1) (e) BEFORE amended by 2016-9-48, effective May 19, 2016 (Royal Assent).

(e) the office becomes vacant under

(i) section 64 (2) [candidate disqualification penalties for failure to disclose], or

(ii) section 65 (1) (a) [candidate disqualification penalties for false or misleading disclose],

of the Local Elections Campaign Financing Act.

  Section 10 (4) BEFORE amended by 2016-9-48, effective May 19, 2016 (Royal Assent).

(4) As soon as practicable after a vacancy occurs for which an election is to be held under this section, the Council must appoint a chief election officer for the election.

  Section 10 (4.1) was added by 2016-9-48, effective May 19, 2016 (Royal Assent).

  Section 10 (1) (a.1) was added by 2022-15-33, effective June 2, 2022 (Royal Assent).

  Section 11 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  If an election is not held or a vacant office is not otherwise filled as required by or under this Act, the Minister of Municipal Affairs may

  Section 11 (1) to (3) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(1)  If an election is not held or a vacant office is not otherwise filled as required under this Act, the Minister of Municipal Affairs may

(a) set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or

(b) order the City Clerk to arrange for the election to be conducted.

(2)  If considered necessary in relation to an election under subsection (1), the Minister of Municipal Affairs may make orders to provide for the conduct of the election and for the governing of the city until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or by-laws under this Act.

(3)  The general voting day for an election under this section must be on a Saturday set by the Minister of Municipal Affairs or by the chief election officer in accordance with the directions of the minister.

  Section 13 (5), (6) and (7) BEFORE amended by 2014-19-117, effective May 29, 2014 (Royal Assent).

(5) An election to which an agreement referred to in subsection (4) applies is valid despite the agreement and any by-laws in relation to it having the effect of creating differences in election proceedings between different parts of the jurisdiction for which an election is held.

(6) Without limiting subsection (4), an agreement referred to in that subsection may allow the Council to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the city.

(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the city, an advance voting opportunity must be open to all electors of the city on the same day.

  Section 14 (8) (a) and (b) BEFORE amended by 2014-19-118, effective May 29, 2014 (Royal Assent).

(a) will faithfully and impartially fulfill the duties of the position to which the election official is appointed,

(b) has not received and will not accept any inducement to perform the duties of the position otherwise than impartially and in accordance with this Act or to otherwise subvert the election,

  Section 15 (2) (e) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(e) apply to the Minister of Municipal Affairs for an order under section 127.

  Section 15 BEFORE re-enacted by 2014-19-119, effective May 29, 2014 (Royal Assent).

Chief election officer duties and powers

15.   (1) In addition to all other duties established by this Part, the chief election officer must do the following:

(a) ensure that a sufficient number of ballots are prepared for an election by voting;

(b) ensure that each voting place is supplied with sufficient numbers of ballots, ballot boxes and voting books and has an area that may be used as a voting compartment;

(c) take all reasonable precautions to ensure that a person does not vote more than once in an election;

(d) do all other things necessary for the conduct of an election in accordance with this Part and any regulations and by-laws under this Part.

(2) In addition to all other powers given by this Part, the chief election officer may do one or more of the following:

(a) exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;

(b) take solemn declarations where these are required by this Part;

(c) as an exception to the restrictions on where an elector may vote, authorize an election official to vote at the voting place at which the official is working rather than at the voting place for the voting division in which the election official is entitled to vote;

(d) delegate the chief election officer's duties and powers to other election officials, subject to any restrictions or conditions specified by the chief election officer;

(e) apply to the minister for an order under section 127.

1993-54-61; B.C. Reg. 5/2010.

  Section 17 BEFORE amended by 2021-30-51, effective February 28, 2022 (BC Reg 17/2022).

Public notices

17.   (1) If this Part requires notice to be given in accordance with this section, the notice must be given within the applicable time period by publication in a newspaper or other local periodical or publication that contains items of news and advertising and is distributed at least weekly in the area that is affected by the matter.

(2) If publication under subsection (1) is not practicable, the notice must be given to the public by alternative means within the same time period.

(3) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.

1993-54-61; 2000-7-254.

  Section 21 (2) BEFORE amended by 2022-15-74,Sch 5, effective June 2, 2022 (Royal Assent).

(2) If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make his or her mark and witness that mark.

  Section 21 (3) BEFORE amended by 2022-15-74,Sch 2 and 2022-15-77,Sch 5, effective June 2, 2022 (Royal Assent).

(3) If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that he or she is able to make the translation and will do so to the best of his or her abilities.

  Section 22 (2) (c) BEFORE repealed by 2014-19-120, effective May 29, 2014 (Royal Assent).

(c) a person who is prohibited from voting

(i) under Division (17) as it applies to elections or voting on any other matter under this or any other Act, or

(ii) under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any other matter under that or any other Act;

  Section 23 (1) BEFORE amended by 2014-19-121, effective May 29, 2014 (Royal Assent).

(1) In order to be registered as a resident elector of the city, a person must meet all the following requirements on the day of registration:

(a) the person must be an individual who is, or who will be on the general voting day, age 18 or older;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before that day;

(d) the person must have been a resident of the city, as determined in accordance with section 25, for at least 30 days immediately before that day;

(e) the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law.

  Section 23 (1) (d) BEFORE amended by 2021-5-85(a), effective March 25, 2021 (Royal Assent).

(d) the person must have been a resident of the city, as determined in accordance with section 25, for at least 30 days immediately before the day of registration;

  Section 23 (2) BEFORE repealed by 2021-5-85(b), effective March 25, 2021 (Royal Assent).

(2) If the boundaries of the city are extended, a person is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 days before the person applies for registration as an elector, the person has been a resident, as determined in accordance with section 25, of the area that is included in the city.

  Section 24 (1) (b) and (d) to (f) BEFORE amended and paragraph (g) was added by 2014-19-122, effective May 29, 2014 (Royal Assent).

(b) the person must be an individual who is, or who will be on the general voting day, age 18 or older;

(d) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before that day;

(e) the person must have been a registered owner of real property in the city for at least 30 days immediately before that day;

(e.1) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;

(f) the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law.

  Section 30.1 (1) (c) BEFORE amended by 2008-5-39, effective March 5, 2008 (day after 1st Reading).

(c) delivering a certificate under section 31 to that official.

  Section 31 BEFORE repealed by 2008-5-40, effective March 5, 2008 (day after 1st Reading).

 Non-resident property elector certificate

31.  (1)  In order to obtain a certificate required to register under section 30.1, a person may apply as follows:

(a) during voting hours when voting proceedings are being conducted for advance voting or general voting, at the place and to the official designated by the chief election officer;

(b) at any time during regular office hours for City Hall, by applying at the City Hall to the City Clerk;

(c) if the chief election officer makes additional provision for the purposes of this subsection, by applying at a place and to an official designated by the chief election officer.

(2)  [Repealed 1999-37-291.]

(3)  The City Clerk or other authorized official must issue a certificate if the applicant provides

(a) proof satisfactory to the official that the person applying will be entitled to register in relation to that real property at the time the person votes, and

(b) if applicable, the written consent from the other registered owners of the real property required by section 24 (6).

(4)  A certificate under this section must

(a) state the name of the person entitled to register as a non-resident property elector under the certificate,

(b) identify the real property in relation to which the person is entitled to register, and

(c) be signed by the issuing official.

(5)  The City Clerk must maintain a record of all certificates issued under this section.

1993-54-61; 1994-52-140; 1999-37-291.

  Section 34 (7) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(7)  The Council or the Minister of Municipal Affairs may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register.

  Section 35 (9.1) was added by 2008-5-41, effective March 5, 2008 (day after 1st Reading).

  Section 35 (3) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(3) From the 46th day before general voting day until the close of general voting, a copy of the list of registered electors as it stands at the beginning of that period must be available for public inspection at the City Hall during its regular office hours.

  Section 35 (6) (c) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(c) an objection to the registration of a person as an elector may be made in accordance with section 36 before 4 p.m. on the 36th day before general voting day.

  Section 36 (2) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(2) An objection must be received by the City Clerk, or a person designated for this purpose by the City Clerk, before 4 p.m. on the 36th day before general voting day.

  Section 38 (2) (d.1) was added by 2003-52-500, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 38 BEFORE amended by 2014-19-123, effective May 29, 2014 (Royal Assent).

Who may hold elected office

38.   (1) A person is qualified to be nominated for office, and to be elected to and hold office, as a member of Council if at the relevant time the person meets all the following requirements:

(a) the person must be an individual who is, or who will be on general voting day for the election, age 18 or older;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before the relevant time;

(d) the person must not be disqualified by this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding the office, or be otherwise disqualified by law.

(2) Without limiting subsection (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office as a member of Council:

(a) a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court;

(b) a person who is disqualified under section 39 as an employee of the city, except as authorized under that section;

(c) a person who is prohibited from holding elected office

(i) under Division (17) as it applies to elections or voting on any other matter under this or any other Act, or

(ii) under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any other matter under that or any other Act;

(d) a person who is disqualified under section 64, 64.3 or 141;

(d.1) a person who is disqualified under Division 7 [Disqualification] of Part 4 of the Community Charter;

(e) a person who is disqualified under any other enactment.

1993-54-61; 1997-25-163; 1999-37-294; 2000-7-191; 2003-52-500.

  Section 38 (2) (d) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(d) a person who is disqualified from holding office on a local government under any of the provisions of the Local Government Act or Community Charter referred to in section 66 (2) (c) to (e) [disqualifications from holding office] of the Local Government Act;

  Section 38 (2) (e) (ii) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(ii) Division 17 of Part 3 of the Local Government Act, as it applies in relation to elections or voting under that Act or any other Act;

  Section 38 (2) (b.1) was added by 2022-15-34, effective June 2, 2022 (Royal Assent).

  Section 39 (5) (b) (iii) BEFORE amended by 2003-52-501, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(iii)  if the person is declared elected, on the day the person resigns in accordance with subsection (8) or on the last day for taking office before the person is disqualified under section 141,

  Section 39 (4) BEFORE amended by 2022-15-35, effective June 2, 2022 (Royal Assent).

(4) Before being nominated for an office to which subsection (2) or (3) applies, the employee must give notice in writing to his or her employer of the employee's intention to consent to nomination.

  Section 39.1 was enacted by 2022-15-36, effective June 2, 2022 (Royal Assent).

  Division 6 of Part I heading BEFORE amended by 2014-19-124, effective May 29, 2014 (Royal Assent).

Division (6) — Nominations

  Section 41 (1) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(1) The period for receiving nominations begins at 9 a.m. on the 46th day before general voting day and ends at 4 p.m. on the 36th day before general voting day.

  Section 42 (2) (c.1) and (c.2) were added by 2016-9-49, effective May 19, 2016 (Royal Assent).

  Section 43 BEFORE re-enacted by 2008-5-42, effective March 5, 2008 (day after 1st Reading).

 Who may make nominations

43.  (1)  A nomination for office as a member of Council must be made in writing in accordance with section 44 by 2 persons who are electors of the city.

(2)  In the case of a nomination for an office to be filled on a neighbourhood constituency basis, a person making the nomination must also be qualified as a resident elector or a non-resident property elector in relation to the area of the neighbourhood constituency.

(3)  Each person nominated must be nominated by separate nomination documents, but a person entitled to make a nomination may subscribe to as many nomination documents as there are persons to be elected to fill the office for which the election is being held.

1993-54-61; 1994-52-143.

  Section 44 (2) (b) (iii) was added by 2008-5-43, effective March 5, 2008 (day after 1st Reading).

  Section 44 BEFORE re-enacted by 2014-19-125, effective May 29, 2014 (Royal Assent).

Nomination documents

44.   (1) A nomination for office as a member of Council must be in written form and must include the following:

(a) the full name of the person nominated;

(b) the usual name of the person nominated, if the full name of the person is different from the name the person usually uses and the person wishes to have his or her usual name on the ballot instead;

(c) the office for which the person is nominated;

(d) if applicable, a statement that the person nominated is endorsed by an elector organization in accordance with section 51 and wishes to have the endorsement of this elector organization included on the ballot;

(e) the residential address of the person nominated and the mailing address if this is different;

(f) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector;

(g) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 38 to be nominated.

(2) A nomination must be accompanied by the following:

(a) a statement signed by the person nominated consenting to the nomination;

(b) a solemn declaration of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered,

(i) that he or she is qualified under section 38 to be nominated for the office,

(ii) that, to the best of the person's knowledge, the information provided in the nomination documents is true, and

(iii) that the person fully intends to accept the office if elected;

(c) if the nomination requests under subsection (1) (d) that endorsement by an elector organization be shown on the ballot,

(i) the solemn declaration under section 51, and

(ii) the written consent of the person nominated to the endorsement;

(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.

(3) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.

(4) The chief election officer may require a person nominated to provide a telephone number at which the person may be contacted.

1993-54-61; 1994-52-144; 1999-37-295; 2008-5-43.

  Section 44 (1) (g) was added by 2021-5-86, effective December 1, 2021 (BC Reg 281/2021).

  Section 44 BEFORE amended by 2022-15-37, 2022-15-74,Sch 2 and 2022-15-77,Sch 5, effective June 2, 2022 (Royal Assent).

Nomination documents

44.   (1) A nomination for office as a member of Council must be in written form and must include the following:

(a) the full name of the person nominated;

(b) the usual name of the person nominated, if the full name of the person is different from the name the person usually uses and the person wishes to have his or her usual name on the ballot instead;

(c) the office for which the person is nominated;

(d) the residential address of the person nominated, and the mailing address if this is different;

(e) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector;

(f) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 38 [who may hold office on Council or Park Board] to be nominated;

(g) if applicable, the name of the elector organization that proposes to endorse the person nominated.

(2) To be accepted for filing, a nomination must be accompanied by the following:

(a) a statement signed by the person nominated consenting to the nomination;

(b) a solemn declaration in accordance with subsection (3) of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered;

(c) as applicable, a signed declaration of the person nominated

(i) that the person is acting as his or her own financial agent, or

(ii) identifying the person who is appointed under the Local Elections Campaign Financing Act to act as financial agent for the person nominated;

(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.

(3) For the purposes of subsection (2) (b), the person nominated must make a solemn declaration

(a) that he or she is qualified under section 38 [who may hold office on Council or Park Board] to be nominated for the office,

(b) that, to the best of the person's knowledge and belief, the information provided in the nomination documents is true,

(c) that the person fully intends to accept the office if elected, and

(d) that the person

(i) is aware of the Local Elections Campaign Financing Act,

(ii) understands the requirements and restrictions that apply to the person under that Act, and

(iii) intends to fully comply with those requirements and restrictions.

(4) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.

2014-19-125; 2021-5-86.

  Section 44.1 (3) BEFORE amended by 2014-19-126, effective May 29, 2014 (Royal Assent).

(3) A nomination deposit must be held by the chief election officer to be dealt with as follows:

(a) if the person nominated is not declared to be a candidate under section 46, the deposit is to be returned to the person or to the financial agent of the person;

(b) if the person nominated files a disclosure statement as required by section 62 or as the requirements of that section are modified by court order under section 63, the deposit is to be returned to the person or the financial agent of the person;

(c) in other cases, the deposit is forfeited and is to be paid to the city.

  Section 45 (6), (7) and (8) BEFORE amended by 2008-5-44, effective March 5, 2008 (day after 1st Reading).

(6)  Nomination documents delivered to the chief election officer must be available for public inspection at the City Hall during its regular office hours from the time of delivery.

(7)  Before inspecting nomination documents, a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the documents or use the information included in them except for the purposes of this Act.

(8)  The City Clerk must ensure that the statements referred to in subsection (7) are kept until after general voting day for the next general local election.

  Section 45 (4) to (5.1) BEFORE amended by 2014-19-127(a), effective May 29, 2014 (Royal Assent).

(4) Nomination documents may be delivered by hand, by mail or other delivery service or by facsimile transmission with originals to follow.

(5) If the originals of nomination documents delivered by facsimile transmission are not received by the chief election officer by the end of the 29th day before general voting day, the person nominated is deemed to have withdrawn from being a candidate in the election.

(5.1) After receiving nomination documents, the chief election officer must review the list under section 92.3 [disqualification list] of the Local Government Act to determine whether an application must be made under section 47 (4.1) [challenge required if candidate or organization appears to be disqualified].

  Section 45 (8) BEFORE amended by 2014-19-127(b), effective May 29, 2014 (Royal Assent).

(8) A person who inspects or otherwise accesses nomination documents under this section must not use the information included in them except for the purposes of this Act.

  Section 45 (7) BEFORE amended by 2021-30-52, effective November 25, 2021 (Royal Assent).

(7) The Council may, by by-law, provide for public access to nomination documents, during all or part of the period referred to in subsection (6) (a), in any manner the Council considers appropriate, including by the Internet or other electronic means.

  Section 45 (5) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(5) If the originals of nomination documents delivered by fax or email are not received by the chief election officer before the end of the 29th day before general voting day, the person nominated is deemed to have withdrawn from being a candidate in the election.

  Sections 45.1 was enacted by 2014-19-128, effective May 29, 2014 (Royal Assent).

  Sections 45.2 was enacted by 2014-19-128, effective May 29, 2014 (Royal Assent).

  Section 45.2 (2) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(2) The time period during which a challenge may be made is between the time of the delivery of the nomination documents in accordance with section 45 and 4 p.m. on the 4th day after the end of the nomination period.

  Division 6.1 of Part I, sections 45.3 to 45.7 were enacted by 2014-19-129, effective May 29, 2014 (Royal Assent).

  Section 45.3 (1) and (2) BEFORE amended by 2021-5-87, effective December 1, 2021 (BC Reg 281/2021).

(1) Subject to this section, an incorporated or unincorporated organization may endorse a candidate in an election, and have that endorsement included on the ballot for the election, if

(a) the organization makes the endorsement in accordance with section 45.4 [endorsement documents],

(b) the candidate consents to the endorsement, and

(c) the organization complies with section 45.5 (1) [other information to be provided by elector organization].

(2) To be qualified to endorse a candidate, an organization

(a) must have a membership that, at the time that the solemn declaration under section 45.4 (1) (c) is made, includes at least 50 electors, and

(b) must not be disqualified under this Act, the Local Elections Campaign Financing Act or any other Act from endorsing a candidate.

  Section 45.4 BEFORE amended by 2021-5-88, effective December 1, 2021 (BC Reg 281/2021).

Endorsement documents

45.4   (1) An organization must file the following with the chief election officer before the end of the nomination period in order to endorse a candidate:

(a) a statement of the following:

(i) the full name of the candidate endorsed by the organization and, if applicable, the usual name that is to be used on the ballot;

(ii) the legal name of the organization, if applicable;

(iii) the usual name of the organization, if this is different from its legal name or if it has no legal name;

(iv) any abbreviations, acronyms or other names used by the organization;

(v) subject to the restrictions in subsection (3), which name, abbreviation or acronym the organization wishes to have included on the ballot;

(vi) the mailing address for the organization;

(b) written consent of the candidate to the endorsement;

(c) a solemn declaration of the authorized principal official of the organization in accordance with subsection (2) and any applicable regulations;

(d) any other information or matter required by regulation under section 128 [election regulations].

(2) For the purposes of subsection (1) (c), the authorized principal official of the organization must make a solemn declaration that, to the best of the knowledge and belief of the official, the organization

(a) has a membership of at least 50 electors,

(b) is not disqualified from endorsing a candidate,

(c) is aware of the Local Elections Campaign Financing Act,

(d) understands the requirements and restrictions that apply to the organization under the Local Elections Campaign Financing Act,

(e) intends to fully comply with the requirements and restrictions referred to in paragraph (d), and

(f) has authorized the official to make the solemn declaration.

(3) The name, abbreviation or acronym referred to in subsection (1) (a) (v) must not

(a) include any matter that is prohibited by section 77 [what must and must not be included on a ballot] from being included on the ballot, or

(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another organization whose endorsement of a candidate appeared on a ballot at the preceding general local election, or at an election after that general local election, as to be confusing to the electors.

(4) If an organization is filing endorsement documents

(a) for more than one candidate in the same election, or

(b) in multiple elections for the city being held at the same time,

a solemn declaration under subsection (1) (c) may be made in relation to any or all of those candidates.

(5) After receiving endorsement documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 45.7 (5) [challenge required if organization appears to be disqualified] of this Act.

(6) Section 45 (6) to (8) [public access to nomination documents] applies in relation to endorsement documents.

2014-19-129.

  Section 45.5 BEFORE repealed by 2021-5-89, effective December 1, 2021 (BC Reg 281/2021).

Other information to be provided by elector organization

45.5   (1) For endorsement documents to be accepted for filing, the organization must provide the following to the chief election officer before the end of the nomination period:

(a) a telephone number at which the organization can be contacted;

(b) an email address at which the organization can be contacted, unless the organization does not have such an address;

(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the organization;

(d) the information required under section 19 (4) [elector organization information respecting financial agent] of the Local Elections Campaign Financing Act;

(e) the information and material required under section 21 [responsible principal officials and authorized principal official of elector organization] of the Local Elections Campaign Financing Act;

(f) any other information or material required to be included by regulation under section 128 [election regulations] of this Act.

(2) If there is any change in the information or material required to be provided under subsection (1), an elector organization must provide updated information or material as follows:

(a) to the chief election officer if the change happens before the end of general voting day for the applicable election;

(b) to the BC chief election officer if the change happens after that general voting day.

2014-19-129.

  Section 45.6 (part) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

45.6   An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the 29th day before general voting day,

  Section 45.6 (a) BEFORE amended by 2022-15-77,Sch 5, effective June 2, 2022 (Royal Assent).

(a) the candidate withdraws his or her consent to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time, or

  Section 45.7 (2) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(2) The time period during which a challenge may be made is between the time of the filing of the endorsement documents in accordance with section 45.4 and 4 p.m. on the 4th day after the end of the nomination period.

  Section 45.7 BEFORE repealed by 2021-5-90, effective December 1, 2021 (BC Reg 281/2021).

Challenge of elector organization endorsement

45.7   (1) The endorsement of a candidate under this Division may only be challenged by an application to the Provincial Court in accordance with this section.

(2) The time period during which a challenge may be made is between the time of the filing of the endorsement documents in accordance with section 45.4 and 4 p.m. on the fourth day after the end of the nomination period.

(3) A challenge may be made only by

(a) a person who is an elector,

(b) a person nominated as a candidate in the same election as the election in relation to which the endorsement documents were filed or in another election for the city being held at the same time, or

(c) the chief election officer.

(4) A challenge may only be made on one or more of the following bases:

(a) that the organization is not qualified to be an elector organization under section 45.3 [candidate endorsement by elector organization];

(b) that the endorsement was not made in accordance with section 45.4 [endorsement documents];

(c) that section 45.3 (3) or (4) [limits on candidates to be endorsed and limits on consenting to endorsement] was contravened.

(5) The chief election officer must commence a challenge under this section if, on a review under section 45.4 (5) [review of disqualification list], it appears to the chief election officer that the organization named in the endorsement documents is not qualified to endorse a candidate.

(6) Section 45.2 (6), (7), (10) and (11) [challenge of nomination] applies in relation to a challenge under this section.

(7) The person making a challenge must

(a) immediately give notice of the challenge to the chief election officer, the organization whose endorsement is being challenged and the candidates endorsed by that organization, and

(b) within 24 hours of filing the document commencing the challenge, serve on these persons that document, the accompanying affidavit and a notice of the time set for the hearing.

(8) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,

(a) declaring that the organization has not endorsed a candidate, or

(b) declaring that the organization named in the endorsement documents is or is not qualified to endorse a candidate.

2014-19-129.

  Division 6.2 heading was enacted by 2014-19-130, effective May 29, 2014 (Royal Assent).

  Section 46 (2) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(2) If there are fewer persons declared as candidates than there are to be elected, additional nominations must be received by the chief election officer from the time of the declaration under subsection (1) up until 4 p.m. on the 3rd day after the end of the nomination period.

  Section 47 (9) BEFORE amended by 2010-6-86, effective July 1, 2010.

(9)  The Provincial Court may order that the costs of a challenge, within the meaning of the Rules of Court for the Supreme Court, be paid in accordance with the order of the Provincial Court.

  Section 47 BEFORE repealed by 2014-19-131, effective May 29, 2014 (Royal Assent).

Challenge of nomination

47.   (1) A nomination may only be challenged by an application to the Provincial Court in accordance with this section.

(2) The time period during which a challenge may be made is between the time of the delivery of the nomination documents in accordance with section 45 and 4 p.m. on the 4th day after the end of the nomination period.

(3) A challenge may be made only by a person who is an elector, by another nominee or by the chief election officer.

(4) A challenge may only be made on one or more of the following bases:

(a) that the person is not qualified to be nominated or elected;

(b) that the nomination was not made in accordance with sections 43 to 45;

(c) that the usual name given under section 44 (1) (b) in the nomination documents is not in fact the usual name of the person;

(d) that the person is not in fact endorsed by the elector organization named in the nomination documents;

(e) that the named organization is not an elector organization within the meaning of section 51 [endorsement of candidate];

(f) that the named organization is disqualified from endorsing a candidate under

(i) section 64.1 [failing to file disclosure statement] or section 64.4 [false or incomplete reports] of this Act,

(ii) section 92.1 [failing to file disclosure statement] or section 92.5 [false or incomplete reports] of the Local Government Act, or

(iii) a section referred to in subparagraph (i) or (ii) as it applies for the purposes of another Act.

(4.1) The chief election officer must commence a challenge under this section if, on a review under section 45 (5.1) [review of disqualification list], it appears to the chief election officer that a person is disqualified from being nominated or that an organization named in the nomination documents is disqualified from endorsing a candidate.

(5) The document filed with the Provincial Court to commence a challenge must briefly set out the facts on which the challenge is based and must be supported by affidavit as to those facts.

(6) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the Provincial Court to give its decision on the matter within the time limit set by subsection (8).

(7) The person making a challenge must notify affected persons by

(a) immediately notifying the chief election officer and the person whose nomination is challenged that a challenge will be heard by the Provincial Court at the time set under subsection (6), and

(b) within 24 hours of filing the document commencing the application, serving on these persons that document, the accompanying affidavit and a notice of the time for the hearing.

(8) Within 72 hours of the end of the period for commencing a challenge, the Provincial Court must hear and determine the matter and must issue an order, as applicable,

(a) confirming the person as a candidate or declaring that the person is no longer a candidate,

(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot, or

(c) declaring that the organization named in the nomination documents is or is not entitled to have its endorsement included on the ballot.

(9) The Provincial Court may order that the costs of a challenge, within the meaning of the Supreme Court Civil Rules, be paid in accordance with the order of the Provincial Court.

(10) The decision of the Provincial Court on a challenge under this section is final and may not be appealed.

1993-54-61; 1999-37-298; 2000-7-191; 2010-6-86.

  Section 48 (1) BEFORE amended by 2014-19-132, effective May 29, 2014 (Royal Assent).

(1) At 4 p.m. on the Monday following the last day for determining a challenge under section 47, the chief election officer must declare the election in accordance with this section.

  Section 49 (2) (e) BEFORE repealed by 2008-5-45, effective March 5, 2008 (day after 1st Reading).

(e) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;

  Section 49 (5) and (6) BEFORE amended by 2014-19-133, effective May 29, 2014 (Royal Assent).

(5) For the purposes of including the residential address of a candidate in a notice under this section, an address that indicates the jurisdiction in which the candidate is resident is sufficient.

(6) If requested by a candidate in sufficient time to reasonably have this done, the residential address of the candidate included in a notice under this section must be limited to the jurisdiction in which the candidate is resident.

  Section 50 (2) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(2)  If the Council fails to make an appointment required by subsection (1), or if there is no quorum of Council able to make the appointment, the Minister of Municipal Affairs must appoint a person to each vacant office.

  Section 51 BEFORE repealed by 2014-19-134, effective May 29, 2014 (Royal Assent).

Ballot showing candidate endorsement by elector organization

51.   (1) In order for an organization, whether incorporated or unincorporated, to have its endorsement of a candidate included on a ballot, the organization must

(a) have been in existence for at least 60 days immediately before the solemn declaration under subsection (3) is made, and

(b) have had a membership of at least 50 electors throughout the period referred to in paragraph (a).

(2) An organization must indicate its endorsement by authorizing a director or other official to make the solemn declaration described in subsection (3).

(3) The solemn declaration of the official of the elector organization must include the following:

(a) a statement that, to the best of the knowledge, information and belief of the official, the elector organization

(i) has been in existence for at least 60 days immediately before the date on which the solemn declaration is made,

(ii) has had a membership of at least 50 electors throughout the period referred to in subparagraph (i), and

(iii) has authorized the official to make the solemn declaration;

(b) the name of the candidate endorsed by the elector organization;

(c) the corporate name, if any, of the elector organization, the usual name of the organization and any abbreviations, acronyms and other names used by the elector organization;

(d) a statement as to which name, abbreviation or acronym referred to in paragraph (c) is the one that the elector organization wishes to have included on the ballot;

(e) the name of the director or other official responsible for the financial affairs of the elector organization;

(f) the name of the president, chair or other chief official of the elector organization and an address and telephone number at which this person can be contacted;

(g) any other matter required to be included by regulation under section 128.

(4) The name, abbreviation or acronym referred to in subsection (3) (d) must not

(a) include any matter that is prohibited by section 77 from being included on the ballot, or

(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another elector organization whose endorsement of a candidate appeared on a ballot at the preceding general local election or a later election as to be confusing to the electors.

(5) A solemn declaration under subsection (3) may be made in relation to more than one candidate in an election, but only one elector organization endorsement may be shown on a ballot in relation to a candidate.

(6) An elector organization endorsement must not appear on a ballot if

(a) the elector organization withdraws its endorsement before 4 p.m. on the 29th day before general voting day by delivering to the chief election officer by that time

(i) a written withdrawal signed by a director or other official of the elector organization, and

(ii) a solemn declaration of the official signing the withdrawal that, to the best of that person's knowledge, information and belief, the elector organization has authorized the person to make the withdrawal, or

(b) before 4 p.m. on the 29th day before general voting day, the candidate withdraws the request to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time.

1993-54-61; 1994-52-146.

  Section 52 (2) to (5) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(2)  After the time referred to in subsection (1), a candidate may only withdraw by delivering a signed request to withdraw to the chief election officer and receiving the approval of the Minister of Municipal Affairs.

(3)  For the purposes of subsection (2), the chief election officer must notify the Minister of Municipal Affairs of a request to withdraw as soon as reasonably possible after receiving it.

(4)  The chief election officer must notify the Minister of Municipal Affairs if, between the declaration of an election by voting under section 48 (2) and general voting day for the election,

(a) a candidate dies, or

(b) in the opinion of the chief election officer, a candidate is incapacitated to an extent that will prevent the candidate from holding office.

(5)  On approving a withdrawal under subsection (2) or being notified under subsection (4), the Minister of Municipal Affairs may order

(a) that the election is to proceed, subject to any conditions specified by the minister, or

(b) that the original election is to be cancelled and that a new election is to be held in accordance with the directions of the minister.

  Section 52 (3) BEFORE amended by 2014-19-135, effective May 29, 2014 (Royal Assent).

(3) For the purposes of subsection (2), the chief election officer must notify the minister of a request to withdraw as soon as reasonably possible after receiving it.

  Section 52 (1) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(1) At any time up until 4 p.m. on the 29th day before general voting day, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity.

  Section 53 (2) (c) BEFORE amended by 2014-19-136, effective May 29, 2014 (Royal Assent).

(c) be delivered to the chief election officer or a person designated by the chief election officer for this purpose as soon as reasonably possible after the appointment is made.

  Section 55 definitions of "campaign account", "campaign organizer" and "money" were added by 2008-5-46(a), effective March 5, 2008 (day after 1st Reading).

  Section 55 definition of "campaign contribution" BEFORE amended by 2008-5-46(b), effective March 5, 2008 (day after 1st Reading).

"campaign contribution" means the amount of any money or the value of any property or services provided, by donation, advance, deposit, discount or otherwise, to a candidate or elector organization for use in an election campaign or towards the election expenses of an election campaign, including the amount of any money provided by a candidate in relation to the person's election campaign;

  Section 55 part of definition "election expense" BEFORE amended by 2008-5-46(c), effective March 5, 2008 (day after 1st Reading).

"election expense" means the value of property and services used in an election campaign by or on behalf of a candidate or by or on behalf of an elector organization,

  Division 8 of Part I, sections 55 to 65, BEFORE repealed by 2014-19-137, effective May 29, 2014 (Royal Assent).

Division (8) — Campaign Financing

Definitions

55.   In this Division

"campaign account" means an account for a candidate, elector organization or campaign organizer that is required under section 57.1 (1);

"campaign contribution" means the amount of any money or the value of any property or services provided, by donation, advance, deposit, discount or otherwise, to a candidate, elector organization or campaign organizer for use in an election campaign or towards the election expenses of an election campaign, including for certainty

(a) the amount of any money provided by a candidate for the election campaign, and

(b) in relation to an election campaign of a campaign organizer who is an individual, the amount of any money provided by the individual for the election campaign;

"campaign organizer" means

(a) an organization, whether incorporated or unincorporated, other than an elector organization, that undertakes, or intends to undertake, an election campaign that

(i) augments or operates in place of, or

(ii) is intended to augment or operate in place of

the election campaign of one or more candidates or of one or more elector organizations, or both, or

(b) an individual who

(i) undertakes, or intends to undertake, an election campaign referred to in paragraph (a), other than an election campaign for the individual as a candidate, and

(ii) accepts, or intends to accept, campaign contributions in relation to the campaign from any other individual or any organization, whether incorporated or unincorporated;

"disclosure statement" means a disclosure statement under section 62;

"election campaign" means an election campaign within the meaning of section 56;

"election expense" means the value of property and services used in an election campaign by or on behalf of a candidate, elector organization or campaign organizer,

(a) in relation to an election that is part of a general local election, during the calendar year in which the election is held, and

(b) in relation to another election, after the date of the vacancy for which the election is being held;

"elector organization" means an elector organization that endorses or intends to endorse a candidate within the meaning of section 51;

"late filing period" means the period specified under section 62.2 (a) [30 day late filing period for disclosure statements];

"money" includes cash, a negotiable instrument and a payment by means of a credit card;

"property" means property or the use of property, as applicable;

"supplementary report" means a supplementary report under section 62.1.

1993-54-61; 1999-37-300; 2008-5-46.

Election campaign

56.   (1) In relation to a candidate, an election campaign is a campaign for any of the following purposes in relation to an election, including such a campaign undertaken before the person is nominated or declared a candidate:

(a) to promote the election of the candidate, or to oppose the election of another candidate;

(b) to approve of a course of action advocated by the candidate, or to disapprove of a course of action advocated by another candidate;

(c) to promote an elector organization or campaign organizer or its program, or to oppose an elector organization or campaign organizer or its program;

(d) to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer;

(e) to promote the selection of the person to be endorsed by an elector organization, or to oppose the selection of another person for this;

(f) to promote the selection of the person to have an election campaign undertaken or augmented by a campaign organizer, or to oppose the selection of another person for this.

(2) In relation to an elector organization, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted at the same time, including such a campaign undertaken before the elector organization endorses a candidate:

(a) to promote the election of a candidate, or to oppose the election of a candidate;

(b) to approve of a course of action advocated by a candidate, or to disapprove of a course of action advocated by a candidate;

(c) to promote an elector organization or campaign organizer or its program, or to oppose an elector organization or campaign organizer or its program;

(d) to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer.

(3) In relation to a campaign organizer, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted at the same time:

(a) to promote the election of a candidate, or to oppose the election of a candidate;

(b) to approve of a course of action advocated by a candidate, or to disapprove of a course of action advocated by a candidate;

(c) to promote an elector organization or campaign organizer or its program, or to oppose an elector organization or campaign organizer or its program;

(d) to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer;

(e) to promote the selection of a person to be endorsed by an elector organization, or to oppose the selection of another person for this.

2008-5-47.

Financial agent required for candidates, elector organizations and campaign organizers

57.   (1) Subject to subsection (2), a candidate must appoint one individual as financial agent, who may also be the official agent of the candidate.

(2) If a financial agent is not appointed for a candidate, the candidate is deemed to be his or her own financial agent.

(3) An elector organization must appoint one individual as financial agent.

(4) Subject to subsection (5), a campaign organizer must appoint one individual as financial agent.

(5) If a campaign organizer that is an individual does not appoint a financial agent, the individual is deemed to be his or her own financial agent.

(6) An appointment of a financial agent must

(a) be made in writing and signed by the candidate, an authorized official of the elector organization or the campaign organizer or an authorized official of the campaign organizer, as applicable, and

(b) include the name and address of the person appointed.

(7) The appointment of a financial agent must be delivered to the chief election officer, or a person designated by the chief election officer for this purpose, as follows:

(a) in the case of a financial agent for a candidate or elector organization, as soon as reasonably possible after the appointment is made;

(b) in the case of a financial agent for a campaign organizer, no later than the time when the information referred to in section 57.01 (3) [information to be provided to chief election officer] is required to be provided under that section.

(8) An appointment under this section may be rescinded only in the same manner as the appointment was made.

2008-5-48.

Information to be provided to chief election officer

57.01   (1) A candidate must deliver the following information to the chief election officer as soon as reasonably possible after the person is declared to be a candidate under section 46 [declaration of candidates]:

(a) the name of the financial agent of the candidate and an address and telephone number at which the financial agent can be contacted;

(b) any other information required to be included by regulation under section 128.

(2) An elector organization must deliver the following information to the chief election officer as soon as reasonably possible after it becomes an elector organization within the meaning of this Part:

(a) the legal name of the elector organization;

(b) the usual name of the elector organization, if this is different from its legal name, and any abbreviations, acronyms and other names used by the elector organization;

(c) the name of the financial agent of the elector organization and an address and telephone number at which the financial agent can be contacted;

(d) the name of the president, chair or other chief official of the elector organization and an address and telephone number at which that person can be contacted;

(e) the name of the director or other official responsible for the financial affairs of the elector organization;

(f) any other information required to be included by regulation under section 128.

(3) A campaign organizer must deliver to the chief election officer information respecting the campaign organizer equivalent to the information required under subsection (2) for an elector organization no later than as soon as reasonably possible after the campaign organizer

(a) has incurred election expenses greater than $500, or

(b) has received campaign contributions greater than $500,

but may deliver that information at any time after that officer is appointed.

(4) If the information delivered to the chief election officer under this section changes, the candidate, elector organization or campaign organizer must deliver revised information to the chief election officer as soon as reasonably possible.

2008-5-49.

Campaign accounts

57.1   (1) The financial agent for a candidate, elector organization or campaign organizer must open one or more campaign accounts at a savings institution

(a) before incurring an election expense that is expected to be paid from money available to the election campaign of the candidate, elector organization or campaign organizer, or

(b) as soon as practicable after the financial agent receives a campaign contribution of money,

whichever occurs first.

(2) A campaign account must be in the name of the election campaign of the candidate, elector organization or campaign organizer, as applicable, and must be used exclusively for the purposes of that election campaign.

(3) The financial agent must ensure that

(a) all campaign contributions of money are deposited into a campaign account for the campaign of the applicable candidate, elector organization or campaign organizer, and

(b) all payments for election expenses are made from a campaign account for that campaign.

2008-5-50.

Restrictions on accepting contributions and incurring expenses

58.   (1) A candidate, elector organization or campaign organizer must not accept campaign contributions or incur election expenses except through the financial agent or a person authorized by the financial agent.

(2) A person must not accept a contribution that the person has reason to believe is made in contravention of this Division.

1993-54-61; 2008-5-51.

Restrictions on making campaign contributions

59.   (1) A person or unincorporated organization must not do any of the following:

(a) make a campaign contribution to a candidate, elector organization or campaign organizer except by making it to the financial agent or a person authorized by the financial agent;

(b) make an anonymous campaign contribution that has a value of more than $50;

(c) make a number of anonymous campaign contributions to the same candidate for the election campaign if, in aggregate, the campaign contributions would be equal in value to more than $50;

(d) make a number of anonymous campaign contributions to the same elector organization or campaign organizer in relation to one or more elections that are conducted at the same time if, in total, the campaign contributions would be equal in value to more than $50;

(e) make a campaign contribution indirectly by giving the money, property or services to a person or unincorporated organization for that person or organization to make as a campaign contribution.

(2) If a candidate, elector organization or campaign organizer is given an anonymous campaign contribution that exceeds the limit established by subsection (1), the candidate, elector organization or campaign organizer must give the campaign contribution to the city for the use of the city in the discretion of the Council.

1993-54-61; 2008-5-52.

Financial agent must record contribution and expenses

60.   (1) For the purposes of complying with the reporting requirements of this Division, a financial agent must record the following for each campaign contribution made to the candidate, elector organization or campaign organizer for whom the financial agent is acting:

(a) the value of the contribution;

(b) the date on which the contribution was made;

(c) the full name and address of the contributor, unless it is an anonymous contribution;

(d) the class of the contributor as described in subsection (3);

(e) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least 2 individuals

(i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal officers or principal members of the organization.

(2) Subsection (1) does not apply to campaign contributions of services referred to in section 61 (2).

(3) Contributors must be classified as follows:

(a) individuals;

(b) corporations;

(c) unincorporated organizations engaged in business or commercial activity;

(d) trade unions;

(e) non-profit organizations;

(f) other contributors.

(4) The financial agent must maintain records of election expenses sufficient to meet the requirements of this Division.

(5) The records required by this section must be retained by the financial agent, candidate, elector organization or campaign organizer until 7 years after general voting day for the election to which they relate.

1999-37-304; 2008-5-53.

Valuation of campaign contributions and election expenses

61.   (1) Unless otherwise provided, the value of property or services used by or provided to a candidate, elector organization or campaign organizer is

(a) the actual amount paid or to be paid, if this is equal to or greater than the fair market value of the property or use of the property or of the services, or

(b) the fair market value of the property or the use of the property or of the services, if no price is paid or to be paid or if the price is less than the fair market value.

(2) The value of the following services is deemed to be nil:

(a) services provided by a volunteer within the meaning of subsection (3);

(b) services provided by a financial agent to comply with the requirements of this Part;

(c) professional services provided to comply with the requirements of this Part;

(d) free election advertising space provided to a candidate, elector organization or campaign organizer in a periodical publication if the advertising space is made available on an equitable basis to all other candidates.

(3) A volunteer is an individual who provides services for no remuneration or material benefit, but does not include

(a) an individual who is self-employed if the services provided are normally sold or otherwise charged for by the individual, or

(b) an individual if the employer of the individual makes the services available at the employer's expense.

(4) If a person provides property or services to a candidate, elector organization or campaign organizer for use in an election campaign at less than the fair market value of the property or services, the person is deemed to have made a campaign contribution of the difference between the fair market value and the amount charged.

(5) If a debt owed by a candidate, elector organization or campaign organizer for an election expense remains unpaid 6 months or more after becoming due, the amount due is deemed to be a campaign contribution unless the creditor has commenced legal proceedings to recover the debt.

1993-54-61; 2008-5-54.

Transfer of candidate's surplus campaign funds

61.1   (1) This section applies if, after the election and after the payment of a candidate's election expenses and any other reasonable expenses incidental to the candidate's election campaign, there is a balance remaining in an account referred to in section 57.1 [campaign accounts] for the candidate.

(2) If the candidate made campaign contributions in relation to his or her election campaign, the financial agent may refund the campaign contributions to the candidate, to the extent that the total balance in the accounts permits this.

(3) If, after any refund under subsection (2), the total balance in the accounts is less than $500, the financial agent may pay the balance to the candidate or in accordance with the directions of the candidate.

(4) If, after any refund under subsection (2), the total balance in the accounts is $500 or more, the financial agent of the candidate must pay the balance as soon as practicable to the city.

(5) Funds received by the city under subsection (4), including accumulated interest, must be held in trust by the city to be dealt with as follows:

(a) if the person in respect of whom they were paid is a candidate within the meaning of section 46 [declaration of candidates] in an election for the city in the next general local election or in a by-election called before that time, the city must pay the funds to the financial agent of the candidate for use in the election;

(b) if the funds are not paid out under paragraph (a), the funds cease to be trust funds and become part of the general revenue of the city.

1999-37-305.

Duty to file disclosure statement

62.   (1) Within 120 days after general voting day for an election, the financial agent of

(a) each person who was declared to be a candidate under section 46,

(b) each elector organization, and

(c) each campaign organizer subject to the requirement under section 57.01 (3) [information to be provided to chief election officer]

must file with the City Clerk a disclosure statement in accordance with this section.

(2) The candidate, elector organization or campaign organizer must ensure that the financial agent files a disclosure statement in accordance with this section.

(3) For certainty, a disclosure statement is required even if the candidate receives no campaign contributions, incurs no election expenses, is acclaimed, dies, withdraws from the election or is declared by a court to no longer be a candidate.

(4) A disclosure statement must include the following in relation to the election campaign of the candidate, elector organization or campaign organizer:

(a) the total amount of campaign contributions;

(b) for each person or unincorporated organization who made a campaign contribution of $100 or more, the information referred to in section 60 (1) (a) to (e) other than the address of an individual;

(c) for each anonymous campaign contribution, that was given to the city under section 59 (2), the information referred to in section 60 (1) (a) and (b);

(d) for contributions not referred to in paragraph (b) or (c), the total value of the campaign contributions received and the total number of contributors from whom they were received;

(e) the total amount of election expenses;

(f) the total amount of election expenses in each class prescribed by regulation under section 128;

(g) any transfers received from the city under section 61.1 (5) (a) [transfer of candidate's surplus election funds];

(h) any balance for a candidate as referred to in section 61.1 (1) [transfer of candidate's surplus elections funds], or any equivalent deficit, on the day the report is prepared;

(i) if there was a surplus as referred to in section 61.1 (1) [transfer of candidate's surplus elections funds], how that surplus was dealt with;

(i.1) the name and address of the savings institution for the accounts required under section 57.1 [campaign accounts];

(i.2) in the case of a disclosure statement for a candidate who was endorsed by an elector organization, the name of the elector organization;

(i.3) in the case of a disclosure statement for an elector organization, the names of the candidates endorsed by the elector organization;

(i.4) in the case of a disclosure statement for a campaign organizer, the names of the candidates and elector organizations in relation to which the campaign organizer undertook an election campaign;

(j) any other information required by regulation under section 128.

(4.1) The requirements of subsection (4) (i.2) and (i.3) apply even if a withdrawal under section 51 (6) [ballot showing candidate endorsement by elector organization] was made by the elector organization or by the candidate.

(5) For the purposes of this section, if a person or unincorporated organization makes more than one campaign contribution to a candidate, elector organization or campaign organizer, the person or organization is deemed to have made a single campaign contribution in an amount equal to the total value of the actual campaign contributions.

(6) The disclosure statement must be accompanied by solemn declarations of the persons referred to in subsection (7) that, to the best of the knowledge, information and belief of the person making the declaration,

(a) the disclosure statement completely and accurately discloses the required information, and

(b) the requirements of this Division have been met in relation to the election campaign of the candidate, elector organization or campaign organizer, as applicable.

(7) Declarations under subsection (6) must be made by the following persons:

(a) in each case, the financial agent filing the disclosure statement;

(b) in the case of a disclosure statement for a candidate, the candidate;

(c) in the case of a disclosure statement for an elector organization, the individual identified as the chief official of the elector organization in the most recent information provided under section 57.01 [information to be provided to chief election officer];

(d) in the case of a disclosure statement for a campaign organizer, the individual identified as the chief official of the campaign organizer in the most recent information provided under section 57.01 [information to be provided to chief election officer].

1999-37-306; 2008-5-55.

Duty to file supplementary reports

62.1   (1) A supplementary report must be filed with the City Clerk within 30 days after the financial agent, or the candidate, elector organization or campaign organizer for whom a disclosure statement was filed, becomes aware that

(a) any of the information reported in the disclosure statement has changed, or

(b) the disclosure statement did not completely and accurately disclose the information required to be included in the disclosure statement.

(2) A supplementary report under this section must

(a) report the new information in accordance with the requirements of section 62, and

(b) state the circumstances that have led to the filing of the report.

(3) A supplementary report under this section must be accompanied by solemn declarations of the persons referred to in section 62 (7) that, to the best of the knowledge, information and belief of the person making the declaration,

(a) the report completely and accurately discloses the required information, and

(b) the requirements of this Division have been met in relation to the election campaign of the candidate, elector organization or campaign organizer, as applicable.

1999-37-306; 2008-5-56.

Late filing of disclosure statements

62.2   The penalties under sections 64 [candidate disqualification for failure to file disclosure statement] and 64.1 [elector organization disqualification for failure to file disclosure statement] do not apply in the following circumstances:

(a) if the disclosure statement is filed within 30 days after the time period established by section 62 (1) [duty to file disclosure statement] and a late filing penalty of $500 is paid to the city;

(b) if an order under section 63 relieves the candidate, elector organization or campaign organizer from the obligation to file the disclosure statement;

(c) if

(i) an order under section 63 does not relieve the candidate, elector organization or campaign organizer from the obligation to file the disclosure statement but does provide other relief, and

(ii) the disclosure statement complies with the order and is filed by the end of the late filing period under paragraph (a) or the time set for filing by the order, as applicable.

1999-37-306; 2008-5-57.

Court order for relief from filing obligations

63.   (1) A candidate, elector organization or campaign organizer may apply to the Supreme Court in accordance with this section for relief from an obligation to file a disclosure statement or supplementary report.

(2) An application in relation to a disclosure statement must be made before the end of the late filing period, but an application in relation to a supplementary report may be made at any time.

(3) No later than 7 days after a petition commencing an application is filed in the court registry, it must be served on the city.

(4) No later than 14 days after the petition is filed, the applicant must apply to have the matter set down for hearing by the Supreme Court and the date set by the court for hearing must be no later than 28 days after the petition is filed.

(5) On the hearing of an application, the court may do the following:

(a) relieve the candidate, elector organization or campaign organizer

(i) from the obligation to file the disclosure statement or supplementary report, or

(ii) from specified obligations in relation to the statement or report,

if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;

(b) grant an extension of the time for filing if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;

(c) make any additional order the court considers appropriate to secure compliance with this Division to the extent the court considers reasonable in the circumstances;

(d) refuse to grant an extension or other relief.

(6) If the court grants an extension under subsection (5) (b) for a disclosure statement, the order must specify whether the penalty referred to in section 62.2 (a) must be paid in order for the statement to be filed.

1999-37-306; 2008-5-58.

Candidate disqualification for failure to file disclosure statement

64.   (1) Unless a court order under section 63 relieves the candidate from the obligation to file a disclosure statement, a candidate for whom the disclosure statement is not filed before the end of the late filing period is subject to the following penalties:

(a) in the case of a candidate who is declared elected, at the applicable time under subsection (2) the council member ceases to hold office and the seat of the member becomes vacant;

(b) in all cases, from the applicable time under subsection (2) the person is disqualified from being nominated for, elected to or holding office on Council, the council of another municipality, the board of a regional district or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election.

(2) The time at which a candidate becomes subject to the penalties under subsection (1) is as follows:

(a) if no application under section 63 is commenced, at the end of the late filing period;

(b) if an application under section 63 is commenced but the matter is not set for hearing in accordance with section 63 (4), 15 days after the petition was filed;

(c) if, on an application under section 63, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;

(d) if, on an application under section 63, the Supreme Court grants relief but the candidate does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.

(3) If a person who is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalties under this section.

(4) On the final determination of an appeal, if the court relieves the candidate from the obligation to file the disclosure statement, or grants other relief and the candidate complies with the court order,

(a) if the term of office for which the candidate was elected has not ended,

(i) the candidate is entitled to take office for any unexpired part of the term, and

(ii) if the candidate exercises this right, any person currently holding the office ceases to hold office, and

(b) the candidate is entitled to be elected at any following election if otherwise qualified.

1999-37-306.

Disqualification of elector organization or campaign organizer for failure to file

64.1   (1) Unless a court order under section 63 [court order for relief] relieves the elector organization or campaign organizer from the obligation to file a disclosure statement, an elector organization or campaign organizer for whom the disclosure statement is not filed before the end of the late filing period

(a) is disqualified from endorsing a candidate under section 51 of this Act, section 79 of the Local Government Act, or those sections as they apply for the purposes of another Act, and

(b) is prohibited from accepting campaign contributions or incurring election expenses in relation to future elections

until after the next general local election.

(2) The time at which an elector organization or campaign organizer becomes subject to the penalties under subsection (1) is as follows:

(a) if no application under section 63 [court order for relief] is commenced, at the end of the late filing period;

(b) if an application under section 63 is commenced but the matter is not set for hearing in accordance with section 63 (4), 15 days after the petition was filed;

(c) if, on an application under section 63, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;

(d) if, on an application under section 63, the Supreme Court grants relief but the elector organization or campaign organizer does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.

(3) If an elector organization or campaign organizer that is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalties under this section.

2008-5-59.

Public notice of failure to file

64.2   (1) Reports respecting the following must be presented at an open meeting of the Council:

(a) the name of any candidate, elector organization or campaign organizer for whom a disclosure statement is not filed within the time period under section 62 (1) [duty to file disclosure statement];

(b) the name of any candidate, elector organization or campaign organizer for whom a disclosure statement is not filed by the end of the late filing period;

(c) the name of any candidate who is subject to a penalty under section 64 [disqualification for failure to file] or any elector organization or campaign organizer that is subject to a penalty under section 64.1 [disqualification for failure to file].

(2) A report under subsection (1) must be presented as soon as practicable after the City Clerk becomes aware of the applicable circumstances referred to in that subsection.

(3) The City Clerk must send to the Inspector of Municipalities a copy of any report under subsection (1) (c), together with a copy of the nomination under section 44 (1) for the candidate or a copy of the solemn declaration under section 51 (2) [endorsement declaration] for the elector organization, as applicable.

1999-37-306; 2008-5-60.

Candidate disqualification for false or incomplete reports

64.3   (1) Subject to subsection (3), if

(a) a disclosure statement for a candidate does not comply with the requirements of section 62 (4), subject to any relief in relation to those requirements provided by court order under section 63, or

(b) a supplementary report for a candidate does not comply with the requirements of section 62.1 (2), subject to any relief in relation to those requirements provided by court order under section 63,

the candidate is disqualified from being nominated for, elected to or holding office on Council, the council of another municipality, the board of a regional district or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election.

(2) For certainty, if a candidate is disqualified by reason of subsection (1) (a), the filing of a supplementary report does not relieve the candidate from the disqualification.

(3) A candidate is not disqualified under subsection (1) if he or she exercised due diligence to ensure that the applicable requirements were met.

1999-37-306.

Disqualification of elector organization or campaign organizer for false or incomplete reports

64.4   (1) Subject to subsection (3) and any relief in relation to the applicable requirements that is provided by court order under section 63, if

(a) a disclosure statement for an elector organization or campaign organizer does not comply with the requirements of section 62 (4), or

(b) a supplementary report for an elector organization or campaign organizer does not comply with the requirements of section 62.1 (2),

the elector organization or campaign organizer

(c) is disqualified from endorsing a candidate under section 51 of this Act or section 79 of the Local Government Act, or those sections as they apply for the purposes of another Act, and

(d) is prohibited from accepting campaign contributions or incurring election expenses in relation to future elections

until after the next general local election.

(2) For certainty, if an elector organization or campaign organizer is subject to the penalties under subsection (1) by reason of subsection (1) (a), the filing of a supplementary report does not relieve the elector organization or campaign organizer from those penalties.

(3) An elector organization or campaign organizer is not subject to the penalties under subsection (1) if its financial agent exercised due diligence to ensure that the applicable requirements were met.

2008-5-61.

Disclosure statements and supplementary reports to be available for public inspection

65.   (1) The disclosure statements and signed declarations under section 62 and the supplementary reports and signed declarations under section 62.1

(a) must be available for public inspection at the City Hall during its regular office hours from the time of filing until 7 years after general voting day for the election to which they relate, and

(b) if a by-law under subsection (2) of this section applies, must be made available to the public in accordance with the by-law.

(2) The Council may, by by-law, provide for public access to documents referred to in subsection (1), during all or part of the period referred to in subsection (1) (a), in any manner the Council considers appropriate, including by the Internet or other electronic means.

(3) A person who inspects or otherwise accesses a document referred to in subsection (1) under this section must not use the information included in it except for the purposes of the following:

(a) this Part;

(b) sections 141, 142.1 to 142.3 and 145.2 to 145.92;

(c) Division 6 [Conflict of Interest] or Division 7 [Disqualification] of Part 4 of the Community Charter.

2008-5-62.

  Section 56 BEFORE re-enacted by 2008-5-47, effective March 5, 2008 (day after 1st Reading).

 Election campaign

56.  (1)  In relation to a candidate, an election campaign is a campaign for any of the following purposes in relation to an election, including such a campaign undertaken before the person is nominated or declared a candidate:

(a) to promote the election of the candidate or to oppose the election of another candidate;

(a.1) to promote the selection of the person to be endorsed by an elector organization or to oppose the selection of another person;

(b) to approve of a course of action advocated by the candidate or to disapprove of a course of action advocated by another candidate;

(c) to promote an elector organization or its program or to oppose an elector organization or its program;

(d) to approve of a course of action advocated by an elector organization or to disapprove of a course of action advocated by an elector organization.

(2)  In relation to an elector organization, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted at the same time, including such a campaign undertaken before the elector organization endorses a candidate:

(a) to promote the election of a candidate or to oppose the election of a candidate;

(b) to approve of a course of action advocated by a candidate or to disapprove of a course of action advocated by a candidate;

(c) to promote the elector organization or its program or to oppose another elector organization or its program;

(d) to approve of a course of action advocated by the elector organization or to disapprove of a course of action advocated by another elector organization.

1993-54-61; 1999-37-301.

  Section 57 BEFORE re-enacted by 2008-5-48, effective March 5, 2008 (day after 1st Reading).

 Appointment of financial agent

57.  (1)  A candidate may appoint one individual as financial agent, who may also be the official agent of the candidate.

(2)  If a financial agent is not appointed for a candidate, the candidate is deemed to be his or her own financial agent.

(3)  An elector organization must appoint one individual as financial agent.

(4)  An appointment of a financial agent must

(a) be made in writing and signed by the candidate or authorized official of the elector organization, as applicable,

(b) include the name and address of the person appointed, and

(c) be delivered to the chief election officer, or a person designated by the chief election officer for this purpose, as soon as reasonably possible after the appointment is made or the chief election officer is appointed, whichever occurs later.

(5)  An appointment under this section may only be rescinded in the same manner as the appointment was made.

1993-54-61; 1999-37-302.

  Section 57.01 was enacted by 2008-5-49, effective March 5, 2008 (day after 1st Reading).

  Section 57.1 BEFORE re-enacted by 2008-5-50, effective March 5, 2008 (day after 1st Reading).

 Campaign accounts

57.1  The financial agent must

(a) open one or more campaign accounts at a savings institution, exclusively for the purposes of the election campaign and in the name of the candidate's or elector organization's election campaign, as applicable,

(b) ensure that all campaign contributions of money are deposited into the campaign accounts, and

(c) ensure that all payments for election expenses are made from the campaign accounts.

1999-37-303.

  Section 58 (1) BEFORE amended by 2008-5-51, effective March 5, 2008 (day after 1st Reading).

(1)  A candidate or elector organization must not accept campaign contributions or incur election expenses except through the financial agent or a person authorized by the financial agent.

  Section 59 (1) (a) and (d) BEFORE amended by 2008-5-52(a), effective March 5, 2008 (day after 1st Reading).

(a) make a campaign contribution to a candidate or elector organization except by making it to the financial agent or a person authorized by the financial agent;

(d) make a number of anonymous campaign contributions to the same elector organization in relation to one or more elections that are conducted at the same time in the city and a regional district in which all or part of the city is located if, in aggregate, the campaign contributions would be equal in value to more than $50;

  Section 59 (2) BEFORE amended by 2008-5-52(b), effective March 5, 2008 (day after 1st Reading).

(2)  If a candidate or elector organization is given an anonymous campaign contribution that exceeds the limit established by subsection (1), the candidate or elector organization must give the campaign contribution to the city for the use of the city in the discretion of the Council.

  Section 60 (1) (part) BEFORE amended by 2008-5-53, effective March 5, 2008 (day after 1st Reading).

(1)  For the purposes of complying with the reporting requirements of this Division, a financial agent must record the following for each campaign contribution made to the candidate or elector organization for whom the financial agent is acting:

  Section 60 (5) BEFORE amended by 2008-5-53, effective March 5, 2008 (day after 1st Reading).

(5)  The records required by this section must be retained by the financial agent, candidate or elector organization until 7 years after general voting day for the election to which they relate.

  Section 61 (1) BEFORE amended by 2008-5-54, effective March 5, 2008 (day after 1st Reading).

(1)  Unless otherwise provided, the value of property or services used by or provided to a candidate or elector organization is

  Section 61 (2) (d) BEFORE amended by 2008-5-54, effective March 5, 2008 (day after 1st Reading).

(d) free election advertising space provided to a candidate or elector organization in a periodical publication if the advertising space is made available on an equitable basis to all other candidates.

  Section 61 (4) and (5) BEFORE amended by 2008-5-54, effective March 5, 2008 (day after 1st Reading).

(4)  If a person provides property or services to a candidate or elector organization for use in an election campaign at less than the fair market value of the property or services, the person is deemed to have made a campaign contribution of the difference between the fair market value and the amount charged.

(5)  If a debt owed by a candidate or elector organization for an election expense remains unpaid 6 months or more after becoming due, the amount due is deemed to be a campaign contribution unless the creditor has commenced legal proceedings to recover the debt.

  Section 62 (1) and (2) BEFORE amended by 2008-5-55(a), effective March 5, 2008 (day after 1st Reading).

(1)  Within 120 days after general voting day for an election, the financial agent of

(a) each person who was declared to be a candidate under section 46, and

(b) each elector organization

must file with the City Clerk a disclosure statement in accordance with this section.

(2)  The candidate or elector organization must ensure that the financial agent files a disclosure statement in accordance with this section.

  Section 62 (4) (part) BEFORE amended by 2008-5-55(b), effective March 5, 2008 (day after 1st Reading).

(4)  A disclosure statement must include the following in relation to the election campaign of the candidate or elector organization:

  Section 62 (4) (i.1) to (1.4) were added by 2008-5-55(c), effective March 5, 2008 (day after 1st Reading).

  Section 62 (4.1) was added by 2008-5-55(d), effective March 5, 2008 (day after 1st Reading).

  Section 62 (5) BEFORE amended by 2008-5-55(e), effective March 5, 2008 (day after 1st Reading).

(5)  For the purposes of this section, if a person or unincorporated organization makes more than one campaign contribution to a candidate or elector organization, the person or organization is deemed to have made a single campaign contribution in an amount equal to the total value of the actual campaign contributions.

  Section 62 (6) BEFORE amended by 2008-5-55(f), effective March 5, 2008 (day after 1st Reading).

(6)  The disclosure statement must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 51 (3) (f) [chief official of organization] that, to the best of the knowledge, information and belief of the person making the declaration,

(a) the disclosure statement completely and accurately discloses the required information, and

(b) the requirements of this Division have been met in relation to the election campaign of the candidate or elector organization, as applicable.

  Section 62 (7) was added by 2008-5-55(f), effective March 5, 2008 (day after 1st Reading).

  Section 62.1 (1) (part) BEFORE amended by 2008-5-56(a), effective March 5, 2008 (day after 1st Reading).

(1)  A supplementary report must be filed with the City Clerk within 30 days after the financial agent, or the candidate or elector organization for whom a disclosure statement was filed, becomes aware that

  Section 62.1 (3) BEFORE amended by 2008-5-56(b), effective March 5, 2008 (day after 1st Reading).

(3)  A supplementary report under this section must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 51 (3) (f) [chief official of organization] that, to the best of the knowledge, information and belief of the person making the declaration,

(a) the report completely and accurately discloses the required information, and

(b) the requirements of this Division have been met in relation to the election campaign of the candidate or elector organization, as applicable.

  Section 62.2 BEFORE amended by 2008-5-57(a) and (b), effective March 5, 2008 (day after 1st Reading).

 Late filing of disclosure statements

62.2  The disqualifications under sections 64 [candidate disqualification for failure to file disclosure statement] and 64.1 [elector organization disqualification for failure to file disclosure statement] do not apply in the following circumstances:

(a) if the disclosure statement is filed within 30 days after the time period established by section 62 (1) [duty to file disclosure statement] and a late filing penalty of $500 is paid to the city;

(b) if an order under section 63 relieves the candidate or elector organization from the obligation to file the disclosure statement;

(c) if

(i)  an order under section 63 does not relieve the candidate or elector organization from the obligation to file the disclosure statement but does provide other relief, and

(ii)  the disclosure statement complies with the order and is filed by the end of the late filing period under paragraph (a) or the time set for filing by the order, as applicable.

1999-37-306.

  Section 63 (1) BEFORE amended by 2008-5-58, effective March 5, 2008 (day after 1st Reading).

(1)  A candidate or elector organization may apply to the Supreme Court in accordance with this section for relief from an obligation to file a disclosure statement or supplementary report.

  Section 63 (5) (a) BEFORE amended by 2008-5-58, effective March 5, 2008 (day after 1st Reading).

(a) relieve the candidate or elector organization

  Section 64.1 BEFORE re-enacted by 2008-5-59, effective March 5, 2008 (day after 1st Reading).

 Elector organization disqualification for failure to file disclosure statement

64.1  (1)  Unless a court order under section 63 relieves the elector organization from the obligation to file a disclosure statement, an elector organization for whom the disclosure statement is not filed before the end of the late filing period is disqualified from endorsing a candidate under section 51 of this Act or section 79 of the Local Government Act, or those sections as they apply for the purposes of another Act, until after the next general local election.

(2)  The time at which an elector organization becomes subject to the penalty under subsection (1) is as follows:

(a) if no application under section 63 [court order for relief] is commenced, at the end of the late filing period;

(b) if an application under section 63 is commenced but the matter is not set for hearing in accordance with section 63 (4), 15 days after the petition was filed;

(c) if, on an application under section 63, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;

(d) if, on an application under section 63, the Supreme Court grants relief but the elector organization does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.

(3)  If an elector organization that is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalty under this section.

1999-37-306; 2000-7-191.

  Section 64.2 (1) BEFORE amended by 2008-5-60, effective March 5, 2008 (day after 1st Reading).

(1)  Reports respecting the following must be presented at an open meeting of the Council:

(a) the name of any candidate or elector organization for whom a disclosure statement is not filed within the time period under section 62 (1) [duty to file disclosure statement];

(b) the name of any candidate or elector organization for whom a disclosure statement is not filed by the end of the late filing period;

(c) the name of any candidate who is subject to a penalty under section 64 [failure to file for candidate] or any elector organization that is subject to a penalty under section 64.1 [failure to file for elector organization].

  Section 64.4 BEFORE re-enacted by 2008-5-61, effective March 5, 2008 (day after 1st Reading).

 Elector organization disqualification for false or incomplete reports

64.4  (1)  Subject to subsection (3), if

(a) a disclosure statement for an elector organization does not comply with the requirements of section 62 (4), subject to any relief in relation to those requirements provided by court order under section 63, or

(b) a supplementary report for an elector organization does not comply with the requirements of section 62.1 (2), subject to any relief in relation to those requirements provided by court order under section 63,

the elector organization is disqualified from endorsing a candidate under section 51 of this Act or section 79 of the Local Government Act, or those sections as they apply for the purposes of another Act, until after the next general local election.

(2)  For certainty, if an elector organization is disqualified by reason of subsection (1) (a), the filing of a supplementary report does not relieve the elector organization from the disqualification.

(3)  An elector organization is not disqualified under subsection (1) if its financial agent exercised due diligence to ensure that the applicable requirements were met.

1999-37-306; 2000-7-191.

  Section 65 BEFORE re-enacted by 2008-5-62, effective March 5, 2008 (day after 1st Reading).

 Disclosure statements and supplementary reports to be available for public inspection

65.  (1)  The disclosure statements and signed declarations under section 62 and the supplementary reports and signed declarations under section 62.1 must be available for public inspection in the City Hall during its regular office hours from the time of filing until 7 years after general voting day for the election to which they relate.

(2)  Before inspecting a document referred to in subsection (1), a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.

1999-37-306.

  Section 67 (1) BEFORE amended by 2014-19-138, effective May 29, 2014 (Royal Assent).

(1) As soon as reasonably possible after the declaration of an election by voting, the chief election officer must designate voting places for general voting day.

  Section 69 (1) BEFORE repealed by 2008-5-63(a), effective March 5, 2008 (day after 1st Reading).

(1)  In order to vote at an advance voting opportunity, an elector must come within at least one of the following circumstances:

(a) the elector expects to be absent from the city on general voting day;

(b) the elector will be unable to vote on general voting day for reasons of conscience;

(c) the elector will not be able to attend at a voting place on general voting day for reasons beyond the elector's control;

(d) the elector has a physical disability or is a person whose mobility is impaired;

(e) the elector is a candidate or candidate representative;

(f) the elector is an election official.

  Section 69 (5) (c) BEFORE repealed by 2008-5-63(b), effective March 5, 2008 (day after 1st Reading).

(c) the place where persons may apply on an advance voting day for non-resident property elector certificates required in order to register at the time of voting.

  Section 69 (4) BEFORE amended by 2014-19-139, effective May 29, 2014 (Royal Assent).

(4) As soon as reasonably possible after the declaration of an election by voting, the chief election officer must designate voting places for the required advance voting opportunities.

  Section 69 (2) (a) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(a) one on the 10th day before general voting day, and

  Section 70 (2) BEFORE repealed by 2008-5-64, effective March 5, 2008 (day after 1st Reading).

(2)  In order to vote at an additional advance voting opportunity, a person must come within at least one of the circumstances referred to in section 69 (1).

  Section 72 (2) BEFORE amended by 2008-5-65, effective March 5, 2008 (day after 1st Reading).

(2)  The only electors who may vote by mail ballot are persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity.

  Section 72 (2) BEFORE repealed by 2021-16-19, effective June 17, 2021 (Royal Assent).

(2) The only electors who may vote by mail ballot are

(a) persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity, and

(b) persons who expect to be absent from the city on general voting day and at the times of all advance voting opportunities.

  Section 72 (7) (a) BEFORE amended by 2022-15-77,Sch 5, effective June 2, 2022 (Royal Assent).

(a) with spaces in which the person voting is to record his or her full name and residential address, and

  Section 74 (3) and (4) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  If a by-law under subsection (1) includes only provisions referred to in subsection (2), to the extent there is an inconsistency between the procedures, rules and requirements established by the by-law and the procedures, rules and requirements established by or under this Part, the by-law prevails.

(4)  If a by-law under subsection (1) includes provisions other than those referred to in subsection (2) and is approved by the minister, to the extent that there is an inconsistency between the procedures, rules and requirements established by the by-law and the procedures, rules and requirements established by or under this Part, the by-law prevails.

  Section 77 (1) (d) BEFORE amended by 2014-19-140, effective May 29, 2014 (Royal Assent).

(d) if applicable, the name, abbreviation or acronym of the endorsing elector organization for a candidate, as shown on the nomination documents for the candidate.

  Section 77 (2) BEFORE amended by 2014-19-140, effective May 29, 2014 (Royal Assent).

(2) As an exception to subsection (1) (d), if the name, abbreviation or acronym referred to in that paragraph is too long to be reasonably accommodated on the ballot, the chief election officer may, after consulting with a director or other official of the elector organization, use a shorter name, abbreviation or acronym that, in the opinion of the chief election officer, identifies the elector organization.

  Section 81 (2) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(2)  If an election official does not attend at a voting place as expected, the presiding election official may appoint a person as an election official in the missing person's place, whether or not this authority has already been given by or under this Part.

  Section 84 (1) and (2) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  If the start of voting at a place, as set by or under this Part, is delayed and the presiding election official considers that a significant number of electors would not be able to vote without an extension under this section, that election official may extend the time for the close of the voting but the extension must not permit voting for a longer length of time than would have been permitted had voting not been delayed.

(2)  If, at the time set by or under this Part for the close of voting at a place, there are electors waiting in or in line outside the place in order to vote, those electors are entitled to vote and the ballot box must remain unsealed until their ballots are deposited.

  Section 85 (4) BEFORE amended by 2022-15-74,Sch 2, effective June 2, 2022 (Royal Assent).

(4) An elector may not be required in any legal proceedings to reveal how he or she voted in an election.

  Section 87 (2) (a) BEFORE repealed by 2008-5-66, effective March 5, 2008 (day after 1st Reading).

(a) at an advance voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;

  Section 87 (1) (b) (part) BEFORE amended by 2022-15-74,Sch 2, effective June 2, 2022 (Royal Assent).

(b) if the person is shown on the list of registered electors as having registered in advance, the person must sign a written declaration that he or she

  Section 87 (2) (b) BEFORE amended by 2022-15-74,Sch 2, effective June 2, 2022 (Royal Assent).

(b) at a special voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;

  Section 95 (1) BEFORE amended by 2014-19-141, effective May 29, 2014 (Royal Assent).

(1) The counting of the votes on ballots for an election must not take place until the close of general voting for the election, but must take place as soon as possible after this time.

  Section 105 (1) (e) and (g) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(e) any records required by or under this Part to be made during voting proceedings;

(g) any solemn declarations taken and any signed written statements required by or under this Part in relation to voting proceedings.

  Section 108 (1) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(1) Before 4 p.m. on the 4th day following the close of general voting, the chief election officer must declare the results of the election as determined under section 107.

  Section 112 (5) BEFORE amended by 2010-6-86, effective July 1, 2010.

(5)  In relation to subsection (3), the Provincial Court may order that the costs be determined in the same manner as costs within the meaning of the Rules of Court for the Supreme Court.

  Section 114 (4) BEFORE amended by 2014-19-142, effective May 29, 2014 (Royal Assent).

(4) As soon as possible after the judicial recount, the chief election officer must notify the candidates referred to in subsection (3) that an election is to be held and that they are candidates in the election unless they deliver a written withdrawal to the chief election officer within 3 days after being notified.

  Section 115 (8) BEFORE amended by 2014-19-143, effective May 29, 2014 (Royal Assent).

(8) As soon as possible but no later than 2 days after a petition is filed, the person making application must serve the petition and the notice of hearing on the City Clerk.

  Section 115 (5) (a) BEFORE amended by 2022-15-74,Sch 2, effective June 2, 2022 (Royal Assent).

(a) that a candidate declared elected was not qualified to hold office at the time he or she was elected or, between the time of the election and the time for taking office, the candidate has ceased to be qualified to hold office;

  Section 116 (1) BEFORE amended by 2014-19-144, effective May 29, 2014 (Royal Assent).

(1) The Supreme Court must hear and determine an application under section 115 as soon as possible and, for these purposes, must ensure that the proceedings are conducted as expeditiously as possible.

  Section 117 (2) (b) BEFORE amended by 2021-5-91, effective March 25, 2021 (Royal Assent).

(b) declare that the election is invalid and that another election must be held to fill all positions for that office that were to be filled in the election that was declared invalid,

  Section 118 (1) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(1)  If the court declares that a candidate is not qualified to hold office or that an election is invalid, the costs, within the meaning of the Rules of Court, of the persons who made the application under section 115 must be paid promptly by the city.

  Section 122 (3) (d) and (e) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(d) any records required by or under this Part to be made during voting proceedings;

(e) any solemn declarations taken and any signed written statements or declarations required by or under this Part in relation to voting proceedings.

  Section 122 (8) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(8)  Unless otherwise provided by or under this Act, a person may not inspect a ballot.

  Section 122 (3) (a) BEFORE repealed by 2008-5-67(a), effective March 5, 2008 (day after 1st Reading).

(a) the nomination documents for the candidates in the election, other than the documents filed under the Financial Disclosure Act;

  Section 122 (4) BEFORE amended by 2008-5-67(b), effective March 5, 2008 (day after 1st Reading).

(4)  Before inspecting materials referred to in subsection (3), a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the materials except for the purposes of this Act.

  Section 122 (5.1) and (5.2) were added by 2008-5-67(c), effective March 5, 2008 (day after 1st Reading).

  Section 122 (1) (b) BEFORE amended by 2014-19-145, effective May 29, 2014 (Royal Assent).

(b) is responsible for retaining the nomination documents under section 44, other than the written disclosure under the Financial Disclosure Act, and

  Section 122 (6) (part) BEFORE amended by 2014-19-145, effective May 29, 2014 (Royal Assent).

(6) The following materials must be destroyed as soon as possible following 8 weeks after the declaration of the official election results under section 108:

  Section 122 (2) BEFORE amended by 2016-9-50, effective May 19, 2016 (Royal Assent).

(2) After the end of the period for conducting a judicial recount, the City Clerk is responsible for retaining the materials referred to in subsection (1).

  Section 122 (2.1) and (2.2) were added by 2016-9-50, effective May 19, 2016 (Royal Assent).

  Part I, Division 16.1, section 122.1, was enacted by 2021-5-92, effective March 25, 2021 (Royal Assent).

  Section 124.1 (1) definition of "election advertising" BEFORE amended by 2008-5-68(a), effective March 5, 2008 (day after 1st Reading).

"election advertising" means advertising used

(a) to promote or oppose, directly or indirectly, the election of a candidate, or

(b) to promote or oppose, directly or indirectly, an elector organization that is endorsing a candidate;

  Section 124.1 (1) definition of "sponsor" BEFORE amended by 2008-5-68(b), effective March 5, 2008 (day after 1st Reading).

"sponsor" means

(a) a person who is liable to pay for election advertising, or

(b) if the services of conducting the election advertising are provided without charge as a campaign contribution within the meaning of Division (8) [Campaign Financing], the candidate or elector organization to whom the services are provided as a contribution.

  Section 124.1 (2) and (3) BEFORE amended by 2008-5-68(c), effective March 5, 2008 (day after 1st Reading).

(2)  On general voting day, a person must not conduct election advertising by publishing it in a newspaper or magazine or on radio or television.

(3)  A person must not act as sponsor or agree to act as sponsor of election advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia.

  Section 124.1 BEFORE repealed by 2014-19-146, effective May 29, 2014 (Royal Assent).

Prohibition against certain election advertising on general voting day

124.1   (1) For the purposes of this section:

"election advertising" means advertising used

(a) to promote or oppose, directly or indirectly, the election of a candidate,

(b) to promote or oppose, directly or indirectly, an elector organization that is endorsing a candidate, or

(c) to promote or oppose, directly or indirectly, a campaign organizer;

means

(a) a person who is liable to pay for election advertising, or

(b) if the services of conducting the election advertising are provided without charge as a campaign contribution within the meaning of Division (8) [Campaign Financing], the candidate, elector organization or campaign organizer to whom the services are provided as a contribution.

(2) On general voting day, a person or unincorporated organization must not conduct election advertising by publishing it in a newspaper or magazine or on radio or television.

(3) A person or unincorporated organization must not act as sponsor or agree to act as sponsor of election advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia.

1999-37-313; 2008-5-68.

  Section 125 (6) (a), (b), (d) and (e) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) provide false or misleading information when required or authorized by or under this Part to provide information;

(b) make a false or misleading statement or declaration when required by or under this Part to make a statement or declaration;

(d) be present at a place where voting or counting proceedings are being conducted, unless authorized by or under this Part to be present;

(e) impede or obstruct an election official or other person in performing duties and powers given to the person by or under this Part.

  Section 125 (4) (b) and (c) BEFORE amended by 2008-5-69(a), effective March 5, 2008 (day after 1st Reading).

(b) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate or elector organization;

(c) display or distribute a sign, a document or other material regarding a candidate or elector organization, except as authorized by the chief election officer;

  Section 125 (5) BEFORE amended by 2008-5-69(b), effective March 5, 2008 (day after 1st Reading).

(5)  In relation to Division (8) of this Part, a person must not contravene any of the following:

section 57.1 [campaign accounts];

section 58 [restrictions on accepting contributions and incurring expenses];

section 59 [restrictions on making campaign contributions];

section 61 (4) [transfer of candidate's surplus];

section 62 [duty to file disclosure statement].

  Section 125 (6) (c) BEFORE amended by 2008-5-69(c), effective March 5, 2008 (day after 1st Reading).

(c) inspect a list of registered electors or nomination documents or other election materials, or use the information from any of them, except for the purposes of this Act;

  Section 125 (1) and (4) BEFORE amended by 2014-19-147(a) and (b), effective May 29, 2014 (Royal Assent).

(1) In relation to nominations, a person must not do any of the following:

(a) contravene section 44 (3);

(b) before or after an election, purport to withdraw a candidate from an election without authority to do so or publish or cause to be published a false statement that a candidate has withdrawn;

(c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 51 (6) (a) with the authorization of the elector organization.

(4) In relation to voting proceedings, a person must not do any of the following at or within 100 metres of a building, structure or other place where voting proceedings are being conducted at the time:

(a) canvass or solicit votes or otherwise attempt to influence how an elector votes;

(b) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate, elector organization or campaign organizer;

(c) display or distribute a sign, a document or other material regarding a candidate, elector organization or campaign organizer, except as authorized by the chief election officer;

(d) display, distribute, post or openly leave a representation of a ballot marked for a particular candidate in an election.

  Section 125 (5) BEFORE repealed by 2014-19-147(c), effective May 29, 2014 (Royal Assent).

(5) In relation to Division (8) of this Part, a person must not contravene any of the following:

(a) section 57 [financial agent required];

(b) section 57.1 [campaign accounts];

(c) section 58 [restrictions on accepting contributions and incurring expenses];

(d) section 59 [restrictions on making campaign contributions];

(e) section 61.1 (4) [transfer of candidate's surplus];

(f) section 62 [duty to file disclosure statement];

(g) section 62.1 [duty to file supplementary reports].

  Section 125 (6) (e) BEFORE amended by 2014-19-147(d), effective May 29, 2014 (Royal Assent).

(e) impede or obstruct an election official or other person in performing duties and powers given to the person under this Part.

  Section 125 (6) (e) BEFORE amended by 2022-15-38, effective June 2, 2022 (Royal Assent).

(e) interfere with, hinder or obstruct an election official or other person in the exercise or performance of his or her powers, duties or functions under this Part or the Local Elections Campaign Financing Act.

  Section 125.2 was enacted by 2014-19-148, effective May 29, 2014 (Royal Assent).

  Section 126 (2) (part) BEFORE amended by 2008-5-70(a), effective March 5, 2008 (day after 1st Reading).

(2)  A person who contravenes section 124.1 or 125 is guilty of an offence and is liable to one or more of the following penalties:

  Section 126 (4) BEFORE amended by 2008-5-70(b), effective March 5, 2008 (day after 1st Reading).

(4)  A person is not guilty of an offence under this Part if the person exercised due diligence to prevent the commission of the offence.

  Section 126 (1) (c) BEFORE amended by 2014-19-149(a) and (b), effective May 29, 2014 (Royal Assent).

(c) a prohibition for a period of not longer than 6 years from holding an elected local government office;

  Section 126 (2) BEFORE amended by 2014-19-149(a) and (b), effective May 29, 2014 (Royal Assent).

(2) A person or unincorporated organization who contravenes section 124.1 or 125 is guilty of an offence and is liable to one or more of the following penalties:

(a) a fine of not more than $5 000;

(b) imprisonment for a term not longer than one year;

(c) a prohibition for a period of not longer than 6 years from holding an elected local government office;

(d) a prohibition for a period of not longer than 6 years from voting in local government elections.

  Section 126 (1) (d) BEFORE repealed by 2014-19-149(a), effective May 29, 2014 (Royal Assent).

(d) a prohibition for a period of not longer than 6 years from voting in local government elections.

  Section 126 (1) (c) BEFORE amended by BC Reg 262/2014 under RS1996-440-12, effective December 22, 2014 (BC Reg 262/2014).

(c) a prohibition for a period of not longer than 7 years from holding an elected local government office;

  Section 127 (2) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(2)  Without limiting subsection (1), the minister may make an order extending a time period or establishing a new date in place of a date set by or under this Act and giving any other directions the minister considers appropriate in relation to this.

  Section 127 (1) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(1)  If the Minister of Municipal Affairs considers that special circumstances regarding an election require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part, including an order providing an exception to this Act or a by-law or regulation under this Act.

  Section 127 (1) and (2) BEFORE amended by 2014-19-150, effective May 29, 2014 (Royal Assent).

(1) If the minister considers that special circumstances regarding an election require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part, including an order providing an exception to this Act or a by-law or regulation under this Act.

(2) Without limiting subsection (1), the minister may make an order extending a time period or establishing a new date in place of a date set under this Act and giving any other directions the minister considers appropriate in relation to this.

  Section 128 (2) (d.1) was added by 2008-5-71(a), effective March 5, 2008 (day after 1st Reading).

  Section 128 (3) BEFORE amended by 2008-5-71(b), effective March 5, 2008 (day after 1st Reading).

(3)  For the purposes of this section, the Lieutenant Governor in Council may, by regulation, provide that a regulation under section 146 of the Local Government Act applies to the city.

  Section 128 (2) (d) to (e.1) BEFORE amended by 2014-19-151, effective May 29, 2014 (Royal Assent).

(d) prescribing matters that must be included in the solemn declaration under section 51 regarding elector organization endorsement of a candidate;

(d.1) prescribing information that must be provided to the chief election officer under section 57.01 [information to be provided to chief election officer];

(e) prescribing classes of election expenses for the purposes of section 62 (4) (f) [reporting of election expenses by class];

(e.1) prescribing information that must be included in a disclosure statement under section 62 (4) (j) [additional information];

  Section 128 (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(3) For the purposes of this section, the Lieutenant Governor in Council may, by regulation, provide that a regulation under section 156 of the Local Government Act applies to the city.

  Section 128 (2) (e) and (e.1) BEFORE repealed by 2021-5-93, effective March 25, 2021 (Royal Assent).

(e) prescribing matters that must be included in the solemn declaration under section 45.4 (1) (c) [endorsement documents];

(e.1) prescribing additional information or material required to be provided under section 45.4 (1) (d) [other information to be provided in endorsement documents] or 45.5 (1) (f) [other information to be provided by elector organization];

  Part II heading BEFORE re-enacted by 2014-19-152, effective May 29, 2014 (Royal Assent).

Part II — Other Voting

  Section 129 BEFORE re-enacted by 2014-19-153, effective May 29, 2014 (Royal Assent).

Definitions

129.   The definitions in Part I apply to this Part and, in addition, in this Part

"other voting" means voting on a matter referred to in section 130;

"voting area" means the area for which the other voting is to be conducted.

1993-54-61.

  Section 130 (2) and (3) BEFORE amended by 2014-19-154, effective May 29, 2014 (Royal Assent).

(2) Except as otherwise provided, Part I applies to voting referred to in subsection (1) as if the other voting were an election and, for certainty, Division (17) of that Part regarding offences applies to other voting.

(3) For the purposes of applying section 124.1 [prohibition against certain election advertising on general voting day] to voting referred to in subsection (1), advertising is deemed to be election advertising if it is used to promote or oppose, directly or indirectly, a particular outcome in the vote.

  Section 131 (2) and (3) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(2)  If a by-law that requires the assent of the electors does not receive that assent, no other by-law for the same purpose may be submitted to the electors within a period of 6 months from the last submission except with the approval of the Minister of Municipal Affairs.

(3)  Despite section 27 (4) of the Interpretation Act, a by-law to which that section applies in relation to assent of the electors may be amended or repealed without the assent of the electors if the Minister of Municipal Affairs approves.

  Division 3 heading of Part II BEFORE re-enacted by 2014-19-155, effective May 29, 2014 (Royal Assent).

Division (3) — Proceedings for Other Voting

  Division 3 of Part II, sections 133 to 136.3 BEFORE amended by 2014-19-157, effective May 29, 2014 (Royal Assent).

Division (3) — Proceedings for Assent Voting

Who may vote at other voting

133.   (1) In order to vote at other voting, a person must meet both the following requirements:

(a) the person must meet the qualifications of section 23 as a resident elector, or section 24 as a non-resident property elector, in relation to the voting area for which the other voting is to be conducted;

(b) the person must be registered in accordance with subsection (2).

(2) To vote in other voting a person must

(a) be registered, on or before the date established under subsection (5) (a) if applicable, as an elector of the city, or

(b) register immediately before voting, as applicable, either

(i) as an elector of the city, or

(ii) as an elector for the purposes of the other voting only.

(3) A person may vote only once on a question submitted for other voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more than one voting area.

(4) Registration referred to in subsection (2) (b) (ii) is effective only for the other voting being conducted at that time.

(5) If general voting day for other voting is not general voting day for an election under Part I and advance registration is available under section 29,

(a) the chief election officer must establish a date after which registration as an elector will not entitle the person to vote at the other voting and the person must instead register under subsection (2) (b) in order to vote, and

(b) sections 35 (3), (6) and (7), 36 and 37 do not apply in relation to the other voting.

(6) If subsection (5) applies, at least 6 but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election officer must give notice in accordance with section 17 of

(a) how a person may register in advance, and

(b) the date after which advance registration will not apply for the purposes of the other voting.

1993-54-61; 1994-52-155.

General voting day for other voting

134.   (1) An authority in or under this or any other Act for the Lieutenant Governor in Council or a minister to require a by-law or other matter to be submitted for assent of the electors includes the authority to set a general voting day for obtaining that assent, subject to the restriction that general voting day must be on a Saturday.

(2) Unless general voting day is set under subsection (1), the chief election officer must set general voting day for other voting to be on a Saturday in accordance with the following:

(a) in the case of a by-law referred to in subsection (1), not more than 80 days after the day of the direction to obtain assent;

(b) in the case of a by-law requiring the approval of the Lieutenant Governor in Council or a minister, not more than 80 days after the day of the approval or, if there is more than one approval required, of the last approval;

(c) in the case of other by-laws, not more than 80 days after the day the by-law receives third reading;

(d) in the case of another matter, not more than 80 days after adoption of the authorizing by-law.

1993-54-61.

Arrangements for other voting

135.   (1) In order for a by-law under this Part or a by-law referred to in section 12 to apply in relation to other voting, the by-law must be adopted at least 6 weeks before general voting day for the other voting.

(2) Unless subsection (3) applies, voting opportunities for the other voting are those established under Part I for the other voting.

(3) Voting opportunities in a voting area for assent voting must be the same as those for an election for Council or for the Park Board that is being held at the same time as the assent voting if

(a) the Council is responsible for conducting the assent voting, and

(b) the voting area for the assent voting is all or part of the city.

1993-54-61; 2007-14-201.

Notice of other voting

136.   (1) In place of a notice of election under section 49, at least 6 but not more than 30 days before general voting day for other voting, the chief election officer must issue a notice of voting under this section in accordance with section 17.

(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of other voting must be available for public inspection at the City Hall during its regular office hours and may be made available at other locations and times as the chief election officer considers appropriate.

(3) A notice of voting must include the following information:

(a) the question that is to be voted on;

(b) the voting area;

(c) the qualifications required to be met in order to vote as an elector for the other voting;

(d) the date of general voting day, the voting places established under section 67 for that day and the voting hours for those places;

(d.1) the documents that will be required in order for a person to register as an elector at the time of voting;

(d.2) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;

(e) information required to be included under section 49 (2) (d) and (f) regarding voting divisions.

(4) If the other voting is on a by-law submitted for the assent of the electors or is authorized by a by-law, the notice of voting must also include the following:

(a) either a copy of the by-law or, if approved by the Council, a synopsis of the by-law in accordance with subsection (5);

(b) if a synopsis of the by-law is included, a statement that the synopsis is not an interpretation of the by-law;

(c) the dates, times and places at which the by-law may be inspected.

(5) A synopsis under subsection (4) (a) must include

(a) in general terms, the intent of the by-law,

(b) the area that is the subject of the by-law, and

(c) if applicable, the amount of the borrowing authorized by the by-law.

(6) If subsection (4) applies, a full copy of the by-law must be available for public inspection

(a) at the City Hall during its regular office hours, and

(b) at each place where voting is conducted.

(7) The notice of voting may also include any other information the chief election officer considers appropriate.

1993-54-61; 2000-7-256; 2008-5-72.

Ballots for other voting

136.1   (1) A ballot for other voting must

(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and

(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".

(2) Unless otherwise provided under this or another Act, separate ballots must be prepared for each question that is to be voted on.

1993-54-61; 2007-14-201.

When counting for other voting is to be done

136.2   (1) As an exception to section 95, the counting of the vote for other voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the other voting results under section 108.

(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with section 83 and are delivered to the chief election officer with the materials referred to in section 105.

1993-54-61.

Other general matters

136.3   (1) Notices under this Part may be combined with notices under Part I, as it applies to elections or to other voting, as long as the requirements of all applicable sections are met.

(2) Section 121, requiring the publication of election results in the Gazette, does not apply to other voting.

(3) The Lieutenant Governor in Council may make regulations as provided in section 128, which may be different for other voting than for elections and which may be different for different types of other voting.

1993-54-61.

  Section 135 (2) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(2)  Unless subsection (3) applies, voting opportunities for the other voting are those established by or under Part I for the other voting.

  Section 135 (3) BEFORE amended by 2014-19-155, effective May 29, 2014 (Royal Assent).

(3) Voting opportunities in the voting area must be the same as for an election if

(a) general voting day for the other voting is the same as general voting day for the election,

(b) a voting area for the other voting is all or part of the city, and

(c) the Council is responsible for conducting the other voting.

  Section 136 (3) (e) BEFORE amended by 2008-5-72, effective March 5, 2008 (day after 1st Reading).

(e) information required to be included under section 49 (2) (d) to (f) regarding voting divisions.

  Section 136 (3) (d.2) BEFORE repealed by 2019-5-24, effective March 25, 2019 (Royal Assent).

(d.2) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;

  Section 136 (2) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of assent voting must be available for public inspection at the City Hall during its regular office hours and may be made available at other locations and times as the chief election officer considers appropriate.

  Section 136.1 (2) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(2)  Unless otherwise provided by or under this or another Act, separate ballots must be prepared for each question that is to be voted on.

  Division 4 of Part II, sections 136.4 to 136.7 BEFORE amended by 2014-19-157, effective May 29, 2014 (Royal Assent).

Division (4) — Scrutineers

Scrutineers for other voting

136.4   (1) Scrutineers for the question in other voting and scrutineers against the question must be appointed under section 136.7 if applications in accordance with section 136.6 are received from persons who wish to volunteer for the positions.

(2) Only persons entitled to vote as electors in the other voting are entitled to act as scrutineers for the other voting, but election officials must not be appointed as scrutineers for the other voting.

(3) Unless a by-law under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part I to be present.

(4) The Council may, by by-law, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the by-law.

(5) As a limit on the authority under subsection (4), a by-law under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.

(6) The absence of a scrutineer from a place where proceedings for other voting are being conducted does not invalidate anything done in relation to the other voting.

1993-54-61.

Notice of applications to volunteer as a scrutineer

136.5   (1) Not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 17.

(2) The notice must include the following information:

(a) the question that is to be voted on;

(b) the dates, times and places at which applications for scrutineers will be received;

(c) how interested persons can obtain information on the requirements and procedures for making an application.

(3) The notice may include any other information the chief election officer considers appropriate.

(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection at the City Hall during its regular office hours.

1993-54-61; 2000-7-257.

Applications to volunteer to act as scrutineer for other voting

136.6   (1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity.

(1.1) As an exception to subsection (1), if general voting day for other voting is the general voting day for an election, the period for receiving applications

(a) may be established under subsection (1), and

(b) if it is not established under subsection (1), is the nomination period referred to in section 41.

(2) An application to act as a scrutineer for other voting must be signed by the applicant and contain the following information:

(a) the full name of the person applying;

(b) the address to which the person applying wishes to have notices sent;

(c) if required by the chief election officer, a telephone number at which the person applying may be contacted;

(d) a statement that the applicant is entitled to vote as an elector in the other voting and is entitled to act as a scrutineer for the other voting;

(e) a statement as to whether the applicant is in favour of the question or opposed to the question;

(f) any other information required to be included by a regulation under subsection (5).

(3) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).

(4) [Repealed 1994-52-156.]

(5) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section.

1993-54-61; 1994-52-156; 2000-7-258.

Appointment of scrutineers for other voting

136.7   (1) The chief election officer must,

(a) on the basis of the applications received in accordance with section 136.6, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and

(b) assign scrutineers to each place at which scrutineers are entitled to be present under Part I.

(2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 136.4,

(a) all these applicants must be appointed as scrutineers in accordance with subsection (1), and

(b) a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this.

(3) If there are more applicants on one side of the question than the maximum allowed under section 136.4, the following rules apply:

(a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 79 (4) (a) to (d);

(b) the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present;

(c) names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed;

(d) the persons whose names are drawn must be appointed as scrutineers in accordance with subsection (1);

(e) in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) are unable to act as scrutineers.

(4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question is entitled to be present at the final determination under section 107 of the other voting and at any judicial recount of the other voting.

(5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following:

(a) the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment;

(b) if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3).

(6) A scrutineer appointment must

(a) be made in writing,

(b) state the name and address of the person appointed,

(c) state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and

(d) be signed by the chief election officer.

1993-54-61.

  Section 136.5 (4) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection at the City Hall during its regular office hours.

  Section 137 (1) BEFORE amended by 2022-15-39(a), effective June 2, 2022 (Royal Assent).

(1) Except as established under subsection (2), by a temporary order under section 10 (6) (a) or by the effect of section 139 (2), the Council is to consist of a Mayor and 10 Councillors, and the quorum for the Council is 6 members.

  Section 137 (5) was added by 2022-15-39(b), effective June 2, 2022 (Royal Assent).

  Section 139 (1) (a) BEFORE amended by 2014-19-158, effective May 29, 2014 (Royal Assent).

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 140 (4), whichever is later, and

  Section 139 (2) (a) BEFORE amended by 2014-19-158, effective May 29, 2014 (Royal Assent).

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 140 (4), whichever is later, and

  Section 139 BEFORE re-enacted by 2014-19-187, effective January 1, 2016.

Term of office for Mayor and Councillors

139.   (1) The term of office for a Mayor elected at a general local election

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 140 (3), whichever is later, and

(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the Mayor's successor takes office, whichever is later.

(2) The term of office for a Councillor elected at a general local election

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 140 (3), whichever is later, and

(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when a sufficient number of members of Council have taken office to make up a quorum, whichever is later.

1993-54-62; 2014-19-158.

  Section 140 BEFORE re-enacted by 2014-19-159, effective May 29, 2014 (Royal Assent).

Oath of office

140.   (1) A person elected or appointed to office on Council must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:

(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;

(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;

(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.

(2) The oath must be made before a judge of the Court of Appeal, the Supreme Court or the Provincial Court, a justice of the peace or the City Clerk, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.

(3) A person taking office on Council may also make an oath of allegiance.

(4) A person takes office on Council

(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the City Clerk, or

(b) at any later time that the person produces the completed oath or certificate to the City Clerk.

(5) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.

(6) Once a member of Council takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.

1993-54-62; 1994-52-158.

  Section 141 BEFORE re-enacted by 2003-52-502, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Disqualification from office for failure to make oath or attend meetings

141.  (1)  If a person elected or appointed to office on Council does not make the required oath under section 140 within the time limit set by that section, the office is deemed to be vacant and the person is disqualified from taking and holding office on Council or on another municipal council or a regional district board until the next general local election.

(2)  If a member of Council is continuously absent from Council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled Council meetings, whichever is the longer time period, unless the absence is because of illness or with the leave of Council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on Council, another municipal council or a regional district board until the next general local election.

1993-54-62.

  Section 141 BEFORE repealed by 2014-19-160, effective May 29, 2014 (Royal Assent).

Circumstances in which a person is disqualified from office on Council

141.   (1) A person elected or appointed to office on the Council is disqualified from holding that office if any of the following applies:

(a) the person does not make the required oath or affirmation of office within the time established by section 140 (1) [oath of office];

(b) the person is absent from Council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled Council meetings, whichever is the longer time period, unless the absence is because of illness or injury or is with the leave of the Council;

(c) the person is disqualified under any of the following sections:

section 145.3 [restrictions on participation if in conflict];

section 145.4 [restrictions on inside influence];

section 145.5 [restrictions on outside influence];

section 145.7 [restrictions on accepting gifts];

section 145.8 [disclosure of gifts];

section 145.9 [disclosure of contracts];

section 145.91 [restrictions on use of insider information];

(d) the person is disqualified under section 38 (2) [who may hold elected office] or section 66 (2) [who may hold elected office] of the Local Government Act.

(2) A person disqualified under subsection (1) is disqualified from holding office on Council, the council of another municipality, a board of a regional district, or a Park Board under section 485, as follows:

Applicable provisionPeriod of disqualification
(1) (a) [failure to take oath]until the next general local election;
(1) (b) [unexcused absence]until the next general local election;
(1) (c) [conflict]until the next general local election;
(1) (d) [election disqualifications]in accordance with Part I of this Act or Part 3
[Electors and Elections] of the Local Government Act.

1993-54-62; 2003-52-502.

  Section 142 (3) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(3)  The City Clerk must notify the Council of a resignation at its next meeting after the resignation is received or, if there are no other Council members, the City Clerk must notify the Minister of Municipal Affairs.

  Section 142.1 BEFORE re-enacted by 2003-52-503, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Application to court to declare member of Council disqualified

142.1  (1)  An application to court for a declaration that a member of Council is disqualified from holding office and that the office is vacant may be made in accordance with this section.

(2)  Except as provided in this section, Division (15) of Part I, other than section 115 (7), applies in relation to an application under this section.

(3)  An application may only be made by at least 4 electors of the city.

(4)  An application may be made at any time during the challenged person's term of office, but must be made within 30 days after the alleged basis of the disqualification comes to the attention of any of the persons making the application.

(5)  Within 7 days after the petition commencing an application is filed, it must be served on the Mayor or Councillor whose right to hold office is being challenged and on the City Clerk.

(6)  On the hearing of an application, the court may

(a) declare that the person is confirmed as qualified to hold office, or

(b) declare that the person is not qualified to hold office and that the office is vacant.

1993-54-62.

  Section 142.1 (1) BEFORE amended by 2014-19-161, effective May 29, 2014 (Royal Assent).

(1) If it appears that a person is disqualified under section 141 and is continuing to act in office,

(a) 10 or more electors of the city, or

(b) the city,

may apply to the court for an order under this section.

  Section 142.1 (2) (b) BEFORE amended by 2014-19-161, effective May 29, 2014 (Royal Assent).

(b) identifies the grounds for disqualification under section 141 which the Council considers apply.

  Section 142.2 BEFORE re-enacted by 2003-52-503, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Resolution declaring member of Council disqualified

142.2  (1)  If the Council considers that one of its members is disqualified from holding office, the Council may adopt a resolution declaring that the office is vacant.

(2)  Before taking action under subsection (1), the Council must notify the person affected of the proposed action.

(3)  Unless an application to court is made under subsection (4), an office declared vacant under subsection (1) becomes vacant 6 days after the resolution is adopted.

(4)  A person whose office is declared vacant under subsection (1) may apply to court for a determination of whether the person is qualified to hold the office, but the application must be commenced within 5 days after the resolution is adopted.

(5)  Within 7 days after the petition commencing an application under subsection (4) is filed, it must be served on the City Clerk.

(6)  On the hearing of an application under subsection (4), the court may

(a) declare that the person is confirmed as qualified to hold office, or

(b) declare that the person is not qualified to hold office and that the office is vacant.

(7)  Section 119 applies in relation to an application under subsection (4) of this section.

1993-54-62.

  Section 142.2 (1) BEFORE amended by 2022-15-40, effective June 2, 2022 (Royal Assent).

(1) A person who is subject to an application under section 142.1 and who considers that he or she is qualified to hold office may continue to act in office pending the determination of the court respecting the application.

  Section 142.3 was enacted by 2003-52-503, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 142.3 (1) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(1)  In the case of an application under section 142.1 made by a group of electors, if the court declares that the person challenged is not qualified to hold office, the city must promptly pay the electors' costs within the meaning of the Rules of Court.

  Section 143 (4), (5) and (6) were added by 2014-19-162, effective May 29, 2014 (Royal Assent).

  Section 143 (1) BEFORE amended by 2014-19-188, effective January 1, 2016.

(1) Following a general local election, the first meeting of the Council shall be on the first Monday after December 1 in the year of the election.

  Section 143 (6) BEFORE amended by 2022-15-41, effective June 2, 2022 (Royal Assent).

(6) The disqualification under subsection (4) does not apply if the absence is because of illness or injury or is with the leave of the Council.

  Section 145.2 BEFORE re-enacted by 2003-52-504, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Council member declaration if not entitled to vote

145.2  (1)  This section applies to members of Council in relation to

(a) Council meetings,

(b) meetings of committees referred to in section 165.6 [standing, select and other Council committees], and

(c) meetings of bodies that are subject to section 165.7 [application to other city bodies].

(2)  If a Council member attending a meeting considers that he or she is not entitled to

(a) participate in the discussion of a matter, or

(b) vote on a question in respect of a matter

because the member has a direct or indirect pecuniary interest in the matter or for any other reason, the member must declare this and state the general nature of why the member considers this to be the case.

(3)  After making a declaration required by subsection (2), the member

(a) shall not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter,

(b) shall immediately leave the meeting or that part of the meeting during which the matter is under consideration, and

(c) shall not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.

(4)  When a declaration required by subsection (2) is made,

(a) the person recording the minutes of the meeting shall record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and

(b) the person presiding at the meeting shall ensure that the member is not present at the meeting at the time of any vote on the matter.

(5)  Whether or not a declaration is made under subsection (2), if a Council member has a direct or indirect pecuniary interest in a matter, the member shall not

(a) participate in the discussion of the matter,

(b) vote on a question in respect of the matter, or

(c) attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.

(6)  Subsection (5) does not apply

(a) if the pecuniary interest of the Council member is a pecuniary interest in common with electors of the city generally,

(b) if the matter relates to remuneration or expenses payable to one or more Council members in relation to their duties as Council members, or

(c) if the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter.

(7)  A person who contravenes subsection (5) is disqualified from continuing to hold office as a member of Council, unless the contravention was done inadvertently or because of an error in judgment made in good faith.

(8)  If otherwise qualified, a person disqualified under subsection (7) is qualified to be nominated and elected in the by-election to fill the vacancy created by this disqualification and, if elected, is qualified to hold the office.

(9)  The Council may apply to the court for an order under subsection (11) if, as a result of subsection (2), the number of Council members who may discuss and vote on a matter falls below

(a) the quorum for Council, or

(b) the number of Council members required to adopt the applicable by-law or resolution.

(10)  An application under subsection (9) may be made without notice to any other person.

(11)  On an application under subsection (9), the court may

(a) order that all or specified members of Council may discuss and vote on the matter, despite the other provisions of this section, and

(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.

1999-37-320.

  Section 145.2 (2) BEFORE amended by 2022-15-74,Sch 2, effective June 2, 2022 (Royal Assent).

(2) If a Council member attending a meeting considers that he or she is not entitled to participate in the discussion of a matter, or to vote on a question in respect of a matter, because the member has

(a) a direct or indirect pecuniary interest in the matter, or

(b) another interest in the matter that constitutes a conflict of interest,

the member must declare this and state in general terms the reason why the member considers this to be the case.

  Section 145.2 (4) BEFORE amended by 2022-15-74,Sch 2 and 2022-15-77,Sch 5, effective June 2, 2022 (Royal Assent).

(4) As an exception to subsection (3), if a Council member has made a declaration under subsection (2) and, after receiving legal advice on the issue, determines that he or she was wrong respecting his or her entitlement to participate in respect of the matter, the member may

(a) return to the meeting or attend another meeting of the same body,

(b) withdraw the declaration by stating in general terms the basis on which the member has determined that he or she is entitled to participate, and

(c) after this, participate and vote in relation to the matter.

  Section 145.3 to 145.9 were enacted by 2003-52-504, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 145.3 (3) BEFORE amended by 2014-19-163, effective May 29, 2014 (Royal Assent).

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 145.4 (2) BEFORE amended by 2014-19-164, effective May 29, 2014 (Royal Assent).

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 145.4 (1) (part) BEFORE amended by 2022-15-77,Sch 5, effective June 2, 2022 (Royal Assent).

(1) A Council member must not use his or her office to attempt to influence in any way a decision, recommendation or other action to be made or taken

  Section 145.5 (2) BEFORE amended by 2014-19-165, effective May 29, 2014 (Royal Assent).

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 145.5 (1) BEFORE amended by 2022-15-77,Sch 5, effective June 2, 2022 (Royal Assent).

(1) In addition to the restriction under section 145.4 [restrictions on inside influence], a Council member must not use his or her office to attempt to influence in any way a decision, recommendation or action to be made or taken by any other person or body, if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

  Section 145.6 (2) BEFORE amended by 2022-15-77,Sch 5, effective June 2, 2022 (Royal Assent).

(2) Despite sections 145.2 to 145.5 [disclosure of conflict; restrictions on participation; inside influence; outside influence], if a Council member

(a) has a legal right to be heard in respect of a matter or to make representations to Council, and

(b) is restricted by one or more of those sections from exercising that right in relation to the matter,

the Council member may appoint another person as a representative to exercise the member's right on his or her behalf.

  Section 145.7 (3) BEFORE amended by 2014-19-166, effective May 29, 2014 (Royal Assent).

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 145.8 (3) BEFORE amended by 2014-19-167, effective May 29, 2014 (Royal Assent).

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 145.9 (3) BEFORE amended by 2014-19-168, effective May 29, 2014 (Royal Assent).

(3) A person who contravenes subsection (2) is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 145.91 (2) BEFORE amended by 2014-19-169, effective May 29, 2014 (Royal Assent).

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 145.911 was enacted by 2014-19-170, effective May 29, 2014 (Royal Assent).

  Section 145.92 (4) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(4)  In the case of an application made by an elector, if the court makes an order under subsection (3), the city must promptly pay the elector's costs within the meaning of the Rules of Court.

  Section 145.93 was enacted by 2021-30-53, effective June 13, 2022 (BC Reg 135/2022).

  Section 145.94 was enacted by 2021-30-53, effective June 13, 2022 (BC Reg 135/2022).

  Section 145.95 was enacted by 2021-30-53, effective June 13, 2022 (BC Reg 135/2022).

  Section 145.96 was enacted by 2022-15-42, effective June 2, 2022 (Royal Assent).

  Section 145.97 was enacted by 2022-15-42, effective June 2, 2022 (Royal Assent).

  Section 145.98 was enacted by 2022-15-42, effective June 2, 2022 (Royal Assent).

  Section 152 (4) and (5) BEFORE amended by 2009-13-195,Sch1, effective March 31, 2014 (BC Reg 148/2013).

(4) If, in the opinion of the Council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the city, the Council may apply to the court for an order under subsection (5).

(5) On an application under subsection (4), the court may vary the terms or trusts as the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the city.

  Section 154 BEFORE amended by 2022-15-43 and 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Power of Provincial Government to confer added powers in emergency

154.   If at any time, due to unforeseen events of unusual and pressing gravity, the Council, by a vote of not less than two-thirds of the members thereof, passes a resolution declaring that a state of emergency exists in the city, and that the powers then enjoyed by the Council are insufficient to cope with such emergency, the Lieutenant-Governor in Council may by Order confer on the Council such additional powers with respect to the management and disposal of the property and assets of the city as he thinks necessary for the period of such emergency, and thereupon the Council shall have and may exercise the powers so conferred.

1953-55-154.

  Section 154 BEFORE repealed by 2023-37-204, effective November 8, 2023 (Royal Assent).

Power of Provincial Government to confer added powers in emergency

154.   If at any time, due to unforeseen events of unusual and pressing gravity, the Council, by a vote of not less than two-thirds of the members thereof, passes a resolution declaring that a state of emergency exists in the city, and that the powers then enjoyed by the Council are insufficient to cope with such emergency, the Lieutenant Governor in Council may by Order confer on the Council such additional powers with respect to the management and disposal of the property and assets of the city as the Lieutenant Governor in Council thinks necessary for the period of such emergency, and thereupon the Council shall have and may exercise the powers so conferred.

1953-55-154; 2022-15-43; 2022-15-73,Sch 1.

  Section 156 BEFORE amended by 2022-15-44, effective June 2, 2022 (Royal Assent).

Witnesses may be required to attend

156.   The Council, or any committee of members of the Council, shall have power, under the hand of the Mayor, to summon witnesses for examination on oath in any and all matters within its jurisdiction, and the Mayor shall have the same power to enforce the attendance of such witnesses and compel them to give evidence as is vested in any Court of law in civil cases. The Mayor or chairman of the committee shall administer the oath to any witness, and such witness may be examined, cross-examined, and re-examined according to the practice of the Supreme Court in civil cases.

1953-55-156.

  Section 160 BEFORE amended by 2014-19-189, effective January 1, 2016.

Discharge of committees

160.   All committees of Council shall stand discharged immediately before the first Monday after December 1 in the year of a general local election.

1993-54-64; 2014-14-189.

  Section 161A BEFORE re-enacted by 2009-22-78, effective October 29, 2009.

 Delegation of authority to issue permits

161A  Any regulatory by-law may provide for regulation by the use of permits and may fix a fee therefor, and any official authorized by by-law to issue a permit may delegate that authority to any person under his control.

1955-114-5; 1964-72-2.

  Section 161A (1) (a) BEFORE amended by 2023-16-14, effective May 11, 2023 (Royal Assent).

(a) fix a fee for a permit;

  Section 164.1 (3) BEFORE amended by 2021-16-20, effective June 17, 2021 (Royal Assent).

(3) If permitted under subsection (4), a Council meeting may be conducted by means of electronic or other communications facilities.

  Section 164.1 (3) BEFORE amended by 2022-15-45, effective June 2, 2022 (Royal Assent).

(3) If permitted under subsection (4), a Council meeting may be conducted by means of electronic or other communication facilities.

  Section 165.1 BEFORE re-enacted by 2003-52-506, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 General rule: meetings must be open to the public

165.1  Subject to section 165.2 [closed meetings], a Council meeting must be open to the public.

1999-37-323.

  Section 165.2 BEFORE re-enacted by 2003-52-506, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Meetings that may or must be closed

165.2  (1)  A part of a Council meeting may be closed to the public if the subject matter being considered relates to one or more of the following:

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the city or another position appointed by the city;

(b) personal information about an identifiable individual who is being considered for an award or honour, or who has offered to provide a gift to the city on condition of anonymity;

(c) labour relations or employee negotiations;

(d) the security of property of the city;

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure might reasonably be expected to harm the interests of the city;

(f) law enforcement, if the Council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an Act, regulation or by-law;

(g) consideration of whether paragraph (e) or (f) applies in relation to a matter;

(h) litigation or potential litigation affecting the city;

(i) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(j) information that is prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act;

(k) a matter prescribed by regulation under section 165.8.

(2)  A part of a Council meeting must be closed to the public if the subject matter is a matter that, under another enactment, is such that the public must be excluded from the meeting.

(3)  If the only subject matter being considered at a Council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.

1999-37-323.

  Section 165.2 (2) (c) BEFORE amended by 2009-21-5,Sch 2, effective October 29, 2009 (Royal Assent).

(c) a matter that is being investigated under the Ombudsman Act, of which the city has been notified under section 14 [ombudsman to notify authority] of that Act;

  Section 165.2 (2) (e) was added by 2012-5-40, effective April 25, 2012 (BC Reg 94/2012).

  Section 165.2 (2) (e) BEFORE repealed by 2022-15-46, effective June 2, 2022 (Royal Assent).

(e) a review of a proposed final performance audit report for the purpose of providing comments to the auditor general on the proposed report under section 23 (2) of the Auditor General for Local Government Act.

  Section 165.21 was enacted by 2003-52-506, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 165.3 BEFORE re-enacted by 2003-52-506, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Resolution required before meeting closed

165.3  Before a meeting or part of a meeting is closed to the public, the Council must state, by resolution,

(a) the fact that the meeting is to be closed, and

(b) the basis under section 165.2 on which the meeting is to be closed.

1999-37-323.

  Section 165.4 BEFORE repealed by 2003-52-506, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 No by-law votes in a closed meeting

165.4  The Council must not vote on the reading or adoption of a by-law when its meeting is closed to the public.

1999-37-323.

  Section 165.5 BEFORE re-enacted by 2003-52-506, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Expulsion from meeting for improper conduct

165.5  If the mayor or other person presiding at a Council meeting considers that a person is guilty of improper conduct, the person presiding may expel and exclude the other person from the meeting.

1999-37-323.

  Section 165.6 BEFORE repealed by 2003-52-506, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Application to Council committee meetings

165.6  Sections 165.1 to 165.5 apply to meetings of select and standing committees of Council and of any other committee composed solely of Council members acting in that capacity.

1999-37-323.

  Section 165.7 (c) BEFORE repealed by 2012-29-51(a), effective May 30, 2013 (BC Reg 170/2013).

(c) the Vancouver Athletic Commission under section 338;

  Section 165.7 (h) BEFORE amended by 2018-23-44, effective May 31, 2018 (Royal Assent).

(h) other administrative bodies, other than the Board of Police Commissioners;

  Section 165.8 BEFORE re-enacted by 2003-52-506, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Regulations respecting open meetings

165.8  The Lieutenant Governor in Council may make regulations to do one or more of the following:

(a) prescribing a matter for the purposes of section 165.2 (1) (k);

(b) prescribing a body or class of body for the purposes of section 165.7 (j);

(c) in relation to section 165.7, excluding a specified body from the application of sections 165.1 to 165.5;

(d) modifying any of the provisions of sections 165.1 to 165.5 in relation to a body that is subject to those provisions under section 165.7.

1999-37-323; 2000-7-259.

  Section 165.9 was enacted by 2022-15-47, effective June 2, 2022 (Royal Assent).

  Section 165.91 was enacted by 2022-15-47, effective June 2, 2022 (Royal Assent).

  Section 167 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

How by-law to be completed

167.   Upon the final passing of a by-law, the City Clerk shall sign the same, the Mayor, or other member of the Council presiding at the time the by-law was finally passed, shall affix his signature, and thereupon the City Clerk shall affix the common seal of the city thereto.

1955-55-167.

  Section 173 BEFORE re-enacted by 2023-37-205, effective November 8, 2023 (Royal Assent).

Council may declare emergency

173.   Where the powers conferred on Council are inadequate to deal with an emergency the Council may, by by-law adopted by a vote of at least two-thirds of its members, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.

1984-32-4.

  Section 177 BEFORE re-enacted by 2007-9-106, effective June 21, 2007 (BC Reg 226/2007).

 Barrister's powers

177.  The barrister so engaged shall without delay make the investigation and report thereon to the Council, and for those purposes shall have all the powers of the Commissioner under the Inquiry Act.

1953-55-177; 1997-25-165.

  Section 177.1 was enacted by 2007-9-106, effective June 21, 2007 (BC Reg 226/2007).

  Section 178 BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

Barrister's fees

178.   The fees of the barrister and of any witness called by him or by the city shall be payable by the city.

1953-55-178.

  Section 180 (1) BEFORE amended by BC Reg 337/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 337/2006).

(1)  In this section, public service organization shall mean a board or commission established pursuant to this Act, the Library Act or the Police Act, any society, association or other organization providing a public service within the city at the request of or with the consent of the council, and any member, director, employee or volunteer of such board, commission, society, association or organization.

  Section 180 (2) BEFORE amended by 2007-9-41, effective June 21, 2007 (BC Reg 226/2007).

(2)  The council may, by a vote of not less than 2/3 of all members, provide for the payment of a sum required for the protection, defence or indemnification of an officer or employee of the city, a member of its council or any public service organization together with costs necessarily incurred and damages recovered where an action or prosecution is brought against him in connection with the performance of his duties, or where an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration of a department of the city or the conduct of a part of the civic business. The council shall not pay a fine imposed on an officer or employee on his conviction for a criminal offence.

  Section 180 (2) BEFORE amended by 2022-15-48(a), effective June 2, 2022 (Royal Assent).

(2) The council may, by a vote of not less than 2/3 of all members, provide for the payment of a sum required for the protection, defence or indemnification of an officer or employee of the city, a member of its council or any public service organization together with costs necessarily incurred and damages recovered where an action or prosecution is brought against him in connection with the performance of his duties, or where an inquiry under the Public Inquiry Act or other proceeding involves the administration of a department of the city or the conduct of a part of the civic business. The council shall not pay a fine imposed on an officer or employee on his conviction for a criminal offence.

  Section 180 (2.1) and (2.2) were added by 2022-15-48(a), effective June 2, 2022 (Royal Assent).

  Section 180 (4) BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(4) The council may by by-law provide that the city will, to the extent therein set out, indemnify its officers and employees, members of its council or any public service organization against a claim for damages against an officer or employee, members of its council or public service organizations or any of them arising out of the performance of his or its duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim.

  Section 180 (6) (a) BEFORE amended by 2022-15-48(b), effective June 2, 2022 (Royal Assent).

(a) the terms of his employment, or

  Section 190.1 was enacted by 2009-1-1, effective January 18, 2009 (Royal Assent).

  Section 191 BEFORE repealed by 2023-37-206, effective November 8, 2023 (Royal Assent).

Power to buy and sell commodities

191.   The Council shall have power with the vote of not less than two-thirds of all its members and for the period of an actual emergency to provide that the city may buy and sell to the public gasoline, coal, wood, oil, and other fuel, and milk, fish, meat, and other foodstuffs, and may acquire and develop the necessary real property for the purpose.

1953-55-191.

  Section 192.1 was enacted by 2003-52-507, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 193D (4) (a) BEFORE amended by 2010-6-127, effective June 3, 2010 (Royal Assent).

(a) publish, in at least 2 issues of a newspaper circulating in the city, notice of Council's intention to adopt the by-law, including identification of the property to be designated as single room accommodation by the by-law, and

  Section 193D (3) (g) BEFORE amended by 2023-16-15, effective May 11, 2023 (Royal Assent).

(g) establish application fees for permits, which may be different for different values, types and extent of conversion or demolition;

  Section 194 BEFORE amended by 2018-5-16, effective January 1, 2019 (BC Reg 272/2018).

194.   Subject to section 26 of the Interpretation Act, the Council may prescribe a period in each year for which the time for general purposes in the city shall be seven hours behind Greenwich time, and make regulations varying the reckoning of Pacific Standard time as defined in section 25 (7) of the Interpretation Act, and prescribe the period in each year in which the regulations so made shall be in force.

  Section 196A (1) BEFORE amended by 2003-52-508, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(1)  At least once a year, the Council must have prepared a report separately listing for each Council member by name

(a) the total amount of remuneration paid to the Council member under section 196 (1) (a), including any amount specified as an expense allowance, and

(b) the total amount of expense payments for the Council member made under section 196 (1) (b) and (c).

  Section 196A (3) BEFORE amended by 2023-16-16, effective May 11, 2023 (Royal Assent).

(3) On payment of the applicable fee set under subsection (4), a person may obtain from the City Clerk copies or excerpts, as requested, of a report under subsection (1).

  Section 196A (4) BEFORE repealed by 2023-16-16, effective May 11, 2023 (Royal Assent).

(4) The Council may, by by-law, set fees for the purpose of subsection (3).

  Section 199.01 was enacted by 2023-16-17, effective May 11, 2023 (Royal Assent).

  Section 199.02 was enacted by 2023-16-17, effective May 11, 2023 (Royal Assent).

  Section 200 (2) was added by 2002-22-26, effective April 30, 2002 (Royal Assent).

  Section 201 BEFORE amended by 2002-22-27, effective April 30, 2002 (Royal Assent).

 Investment and expenditure of balances

201.  (1)  The Council may temporarily invest any money not immediately required to meet the lawful expenditures of the City in securities

(a) of or guaranteed by the Government of Canada or any Province of Canada;

(b) of the Greater Vancouver Regional District, the Greater Vancouver Water District, the Greater Vancouver Sewerage and Drainage District, or the City of Vancouver, which mature within one year from the date of acquisition;

(c) of the Municipal Finance Authority of British Columbia which mature within one year from the date of acquisition;

(d) of or guaranteed by any chartered bank in Canada;

(e) or deposits in a savings institution, or non-equity or membership shares of a credit union;

and thereafter to dispose of such securities, deposits, shares, or evidences of indebtedness as and when Council deems advisable.

(2)  The Council may authorize the expenditure for any lawful purpose of any balance carried forward from a previous year.

1972-67-21; 1973(2nd Sess.)-152-18; 1989-47-409.

  Section 204 (k) BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(k) the payment of out-of-pocket expenses incurred by any member of a board, commission, or other administrative body in the performance of his duties.

  Section 204 (c) BEFORE amended by 2023-10-1155, effective March 30, 2023 (Royal Assent).

(c) the relief of persons suffering from disaster, whether within or without the city, in cases where the Council deems such persons deserving of special assistance;

  Section 205 BEFORE amended by 2022-15-49, effective June 2, 2022 (Royal Assent).

Freedom of the city may be bestowed

205.   By unanimous vote of the members present, the Council may bestow the freedom of the city upon any person considered to merit such distinction, and thereafter such person shall, so long as the bestowal remains unrevoked, be entitled to be called a Freeman of the City of Vancouver.

1953-55-205.

  Section 206A (2) (h) BEFORE amended by 2022-15-50(a) and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(h) Any petition mentioned in clause (g) (iii) above shall be deemed to be presented when it is lodged with the City Clerk, and the sufficiency of the petition shall be determined by him, and his certificate as to its sufficiency shall be conclusive for all purposes; provided, however, that a petition that is lodged with the City Clerk in the months of November or December shall be deemed to be presented in the month of February next following.

  Section 206A (3) BEFORE amended by 2022-15-50(b), effective June 2, 2022 (Royal Assent).

(3) This section shall come into force on a day proclaimed by the Lieutenant-Governor in Council in his Proclamation.

  Section 206C BEFORE re-enacted by 2018-23-45, effective May 31, 2018 (Royal Assent).

Pensions for Council members

206C.   The Council may, subject to the approval of the Lieutenant-Governor in Council, by by-law, provide a pension for any member of Council, or any person who was a member of Council on December 31st, 1972, who has served for a period of not less than ten years.

1970-54-13; 1973-93-7.

  Section 206D BEFORE repealed by 2018-23-46, effective May 31, 2018 (Royal Assent).

Time as M.P. included

206D.   A by-law under section 206C may provide that, for the purpose of determining eligibility, time served as a Member of Parliament shall be deemed to be time served as a member of Council.

1972-38-6.

  Section 207 (2) BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

(2) Notwithstanding any other provision of this Act, the Council may, from time to time, with the concurrence of the Mayor, appoint a Councillor to be Deputy Mayor of the city, and may confer upon him such of the powers and duties by this Act vested in the Mayor as the Council shall think fit.

  Section 208 BEFORE amended by 2022-15-51 and 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Responsibilities of Mayor

208.   The Mayor shall

To enforce law for government of city

(a) be vigilant and active at all times in causing the law for the government of the city to be duly enforced and obeyed;

To make recommendations to Council

(b) recommend to the Council such measures as he shall deem expedient;

Oversee employees' conduct

(c) oversee and inspect the conduct of all employees of the city under the jurisdiction of the Council, and, so far as he can, cause all negligence or misconduct by any such employee to be punished;

Power to suspend

(d) suspend from his employment, if he thinks necessary, any such employee. The Mayor shall forthwith give notice in writing of such suspension

(i) to the Director of Finance; and

(ii) to the City Clerk, who shall inform the Council at its next regular meeting.

The suspension shall continue until the Council either

(i) reinstates the employee; or

(ii) dismisses the employee.

In every case the suspension shall be without pay, unless the Council otherwise directs.

1953-55-208; 1965-68-29.

  Section 209 BEFORE re-enacted by 2022-15-52, effective June 2, 2022 (Royal Assent).

Acting-Mayor

209.   If at any time the Mayor is absent, or signifies his intention of being absent, from his duties through illness, departure from the city, or other cause, or his seat is vacated, the Council may appoint a Councillor to be Acting-Mayor. In the absence of the Mayor, the Acting-Mayor shall, during the period for which he is appointed, have all the powers and duties of the Mayor; provided, however, that the Acting-Mayor shall not take the place of the Mayor as Chairman of the Board of Administration unless the councillor member of the Board is absent from the city or otherwise unable to act as Chairman of the Board.

1953-55-209; 1960-80-15; 1992-57-1; 1993-74-1.

  Section 211 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Duty to advise Council

211.   The Director of Finance may, whenever he thinks fit, and shall, whenever required by the Council so to do, advise the Council on the financial position of the city or any phase thereof and make recommendations with respect to the administration, co-ordination, and efficiency of the city's affairs and the systems under which they are carried on.

1953-55-211; 1965-68-29.

  Section 213 BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

How money disbursed

213.   No money shall be disbursed by the city except on the warrant of the Director of Finance, to be drawn upon the Treasurer, specifying the fund out of which payment is to be made. Such warrant need not be signed by the Director of Finance if it is initialled by him, or by some person authorized by him for the purpose.

1953-55-213; 1958-72-15; 1965-68-29.

  Section 214 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Examination of accounts before warrant issued

214.   It shall be the duty of the Director of Finance to cause all accounts and claims against the city to be examined and verified before he draws a warrant for their payment.

1953-55-214; 1965-68-29.

  Section 215 BEFORE amended by 2022-15-73,Sch 1 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Council to authorize disbursements

215.   With the exception of small amounts necessary, in the opinion of the Director of Finance, to meet an emergency, he shall not draw his warrant for payment unless such payment has been authorized by the Council.

1953-55-215; 1965-68-29.

  Section 219 BEFORE re-enacted by 2007-24-46, effective May 31, 2007 (Royal Assent).

 Director of Finance to report on revenue and expenditure

219.  The Director of Finance shall, as soon as practicable in each year, and in any event by the thirtieth day of April, cause to be prepared and shall submit to the Council a report setting out his estimate in detail of the anticipated revenues and expenditures of the city for that year.

1953-55-219; 1965-68-29.

  Section 219 (2) (c) BEFORE amended by 2010-21-37, effective July 30, 2010 (BC Reg 243/2010).

(c) the use of tax exemptions under sections 396A [exemptions for heritage property], 396C [exemptions for riparian property] and 396E [revitalization tax exemptions].

  Section 219 (2) (b.1) was added by 2022-26-3, effective November 3, 2022 (Royal Assent).

  Section 221 BEFORE re-enacted by 2003-52-509, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

221.  He shall keep an accurate record of all resolutions, transactions, and other business and proceedings of the Council and its committees, and shall safely preserve and keep in his custody all such records.

1953-55-221.

  Section 222 BEFORE amended by 2022-15-53 and 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

And of by-laws

222.   He shall have the custody of all by-laws from the time they are introduced, and, having seen to their proper completion, he shall preserve and keep the originals thereof.

1953-55-222.

  Section 223 BEFORE amended by 2022-15-53 and 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

To attend meetings

223.   He, or someone authorized by him, shall be available to attend all meetings of the Council and its committees in a secretarial capacity.

1953-55-223.

  Section 224 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Proof of documents in Court

224.   A copy of any record, book, or document in the possession or under the control of the City Clerk purporting to be certified under his hand and seal of the city may be filed and used in any Court in lieu of the original, and shall be received in evidence without proof of the seal or the signature or official character of the person appearing to have signed the same, and without further proof, unless the Court otherwise directs.

1953-55-224.

  Section 225 BEFORE amended by 2022-15-53, effective June 2, 2022 (Royal Assent).

Seal in custody of City Clerk

225.   He shall have the custody of the common seal of the city, and shall cause it to be affixed as required.

1953-55-225.

  Section 227 BEFORE amended by 2022-15-54, effective June 2, 2022 (Royal Assent).

Receives and disburses all moneys

227.   He shall receive all moneys paid to the city from whatever source, and shall pay out the same only on the warrant of the Director of Finance.

1953-55-227; 1965-68-29.

  Section 228 BEFORE re-enacted by 2022-15-55, effective June 2, 2022 (Royal Assent).

To keep complete accounts

228.   He shall keep a complete and accurate account of all moneys by him received and by him disbursed.

1953-55-228.

  Section 229 BEFORE amended by 2022-15-56, effective June 2, 2022 (Royal Assent).

To hold sinking fund securities

229.   He shall, together with the Director of Finance, have the custody of all securities held by the city for sinking fund purposes otherwise than those in a bank.

1953-55-229; 1965-68-29.

  Section 230 (1) and (2) BEFORE amended by 2015-1-102, effective June 24, 2015 BC Reg 114/2015).

(1) The Council shall, not later than the first Council meeting in each year, appoint a firm of chartered accountants or certified general accountants to audit the accounts and transactions of the city and of every other administrative body.

(2) No firm of chartered accountants or certified general accountants shall be appointed as auditors, any member of which is or was, during the year previous to the appointment, employed by, or is or was a party to, any contract with the city or other administrative body other than as auditor or as a consultant in respect of any of the affairs of the city.

  Section 232 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Duty to report in certain cases

232.   The auditors shall, without delay, report in writing with particulars to the Mayor and the Board of Administration if, in their opinion,

(a) any payment made or authorized by the city or other administrative body is without apparent authority;

(b) any sum which ought to have been brought into account by any person or persons has not been brought into account;

(c) any loss or deficiency has been incurred owing to the negligence or misconduct of any person;

and the Mayor shall cause such investigation to be made as he thinks necessary.

1974-104-31.

  Section 239A (1), (2) and (3) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).

(1) Where, pursuant to this Act, the Council is authorized to borrow sums of money, the Council may by by-law or resolution enter into an agreement with the Greater Vancouver Regional District to provide that any or all of the money so authorized may be borrowed from the said district. The said agreement may contain such terms and conditions as are lawfully required by the said district.

(2) Where the city enters into an agreement with the Greater Vancouver Regional District to borrow money, it shall not be necessary for the city to issue debentures with respect to such borrowing, and section 239 shall not apply to such borrowing.

(3) Where the city enters into an agreement with the Greater Vancouver Regional District to borrow money, the Council shall, prior to receiving the money from the said district, pass a by-law providing that a sum shall be levied and raised by way of real-property taxes in each year sufficient to provide for payment of interest and repayment of the principal sum borrowed.

  Section 240 (1) (b) BEFORE amended by 2003-66-58, effective March 12, 2004 (BC Reg 96/2004).

(b) the value according to the last revised assessment roll of all the real property in the city liable to taxation;

  Section 242 (2) (b.1) was added by 2007-6-41, effective March 29, 2007 (Royal Assent).

  Section 242 (2) (f) was added by 2009-1-2, effective January 18, 2009 (Royal Assent).

  Section 247A BEFORE amended by 2002-22-28, effective April 30, 2002 (Royal Assent).

 Debt repayment fund

247A.  Where for any cause it appears expedient to provide funds in advance of requirements for the retirement at maturity of outstanding debentures of the City and the annual interest payments thereon, or either of them, the Council may by by-law provide that all or part of any surplus moneys be set aside in a debt repayment fund. The moneys so set aside may be invested in the manner provided in section 260 and the interest thereon shall form part of the fund. The moneys so set aside, together with any interest thereon, shall be used only for the purpose of reducing the annual levy required to be made under section 239 for outstanding debentures.

1964-72-7.

  Section 252 BEFORE amended by 2022-15-73,Sch 1, 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Provision for registration

252.   Debentures may contain or have endorsed upon them a provision to the following effect: "This debenture, or any interest therein, shall not, after a memorandum of ownership has been endorsed thereon by the City Treasurer, be transferable except by entry by the Treasurer or his deputy in the Debenture Registry Book of the city." And in such case the Treasurer, on the application of the owner of the debenture, shall endorse upon the debenture a memorandum of ownership signed by him, and shall enter in a book to be known as the "Debenture Registry Book" the particulars contained in such memorandum, and he shall also enter in such book the particulars of every transfer of such debenture.

1953-55-252.

  Section 254 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Effect of endorsement

254.   After a memorandum of ownership has been endorsed as aforesaid, the debenture shall be transferable only by entry by the City Treasurer, or his deputy, in the Debenture Registry Book.

1953-55-254.

  Section 259 and 260 BEFORE amended by 2002-22-29, effective April 30, 2002 (Royal Assent).

 Expenditure may be delayed

259.  Until such time as the proceeds from the sale of debentures are expended, the Council may

(a) temporarily invest such funds or any part thereof in securities

(i)  of or guaranteed by the Government of Canada or any Province of Canada;

(ii)  of the Greater Vancouver Regional District, the Greater Vancouver Water District, the Greater Vancouver Sewerage and Drainage District, or the City of Vancouver, which mature within one year from the date of acquisition;

(iii)  of the Municipal Finance Authority of British Columbia which mature within one year from the date of acquisition;

(iv)  of or guaranteed by any chartered bank in Canada;

(v)  or deposits in a savings institution, or non-equity or membership shares of a credit union;

and thereafter to dispose of such securities, deposits, shares, or evidence of indebtedness as and when Council deems advisable; and

(b) temporarily use such funds or any part thereof for other expenditures of the city pending the collection of current taxes each year; provided, however, that the use of such funds shall be limited to the period from the first day of January to the fifteenth day of July in each year, and such funds shall be returned to Capital Account on or before the fifteenth day of July in the year so used.

1953-55-259; 1961-76-5; 1972-67-22; 1973(2nd Sess.)-152-18; 1989-47-410.

 Sinking fund investments

260.  Council may invest any sums set aside for sinking fund purposes in securities

(a) of or guaranteed by the Government of Canada or of or guaranteed by a Province of Canada;

(b) of or guaranteed by any chartered bank in Canada;

(c) of the Greater Vancouver Water District or the Greater Vancouver Sewerage and Drainage District;

(d) of the City of Vancouver;

(e) of the Greater Vancouver Regional District;

(f) of the Municipal Finance Authority of British Columbia;

(g) or deposits in a savings institution, or non-equity or membership shares of a credit union.

1972-67-23; 1973(2nd Sess.)-152-18; 1989-47-411.

  Section 269 BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

Chief Licence Inspector

269.   There shall be a Chief Licence Inspector who, in addition to the powers and duties provided by this Act, shall have such powers and duties as the Council may assign to him from time to time.

1953-55-269; 1968-71-14.

  Section 270 BEFORE amended by 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Powers of inspection

270.   The Chief Licence Inspector shall have power to make or cause all necessary inspections to be made to ascertain whether the provisions of any Statute, regulation, or by-law assigning powers or duties to him or his staff are being carried out in the city.

1953-55-270.

  Section 271 BEFORE amended by 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Duty to give access and information

271.   It shall be the duty of the owner and occupier of any real property in the city to give to the Chief Licence Inspector, and to any member of his staff authorized by him for the purpose, such access at any reasonable hour to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable necessary inspection to be made.

1953-55-271.

  Section 272 (1) (q) and (r) BEFORE amended by 2022-15-57, effective June 2, 2022 (Royal Assent).

Licensee not to discriminate

(q) for providing that a licensee under this Part shall not refuse to sell any goods or furnish any service or accommodation to a person by reason only of such person's race, creed, colour, religion, sex, marital status, physical or mental disability, nationality, ancestry, place of origin or political beliefs;

Juveniles in poolrooms, etc.

(r) regulating the presence of boys or girls less than eighteen years of age in poolrooms, arcades, public dance-halls, billiard-halls, or bowling-alleys and defining any terms used in this clause.

  Section 272 (1) (f) and (k) BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

(f) for regulating every person required to be licensed under this Part, except to the extent that he is subject to regulation by some other Statute;

(k) for delegating to the Chief Licence Inspector, where deemed proper, the power to grant a licence in cases where he is satisfied that the applicant therefor has complied with the requirements of the relevant by-laws;

  Section 272 (1) (b), (d), (e) and (l) BEFORE amended by 2023-16-18, effective May 11, 2023 (Royal Assent).

(b) for fixing the fee for the granting of any permit or of any licence, which may be in the nature of a tax for the privilege conferred by it;

(d) for regulating persons who sell or deliver fuel, or offer the same for sale or delivery, and for regulating the dimensions and capacity of the boxes or containers on vehicles in which fuel is delivered and for requiring that the capacity of each such box or container shall be plainly marked thereon, and for requiring such persons to furnish a statement with each delivery of fuel showing its price and description and such other information as the by-law may direct, and for providing for the seizure and forfeiture of fuel offered or intended for sale which does not comply with any provision of the by-law, and for regulating the delivery of fuel during certain hours and in certain areas as designated in the by-law, and for establishing and maintaining public weigh-scales and for fixing the fees to be taken for their use;

(e) for licensing every person using upon any street any vehicle for the purpose of any business, trade, profession, or other occupation, and for classifying such vehicles and giving effect to such classification in fixing the licence fee;

(l) for fixing times for the payment of licence fees, and for fixing and imposing a penalty upon persons required to be licensed who fail to pay the licence fee by the times so fixed;

  Section 272.1 was enacted by 2018-53-79, effective September 16, 2019 (BC Reg 160/2019).

  Section 273 BEFORE amended by 2009-22-79, effective October 29, 2009 (Royal Assent).

 Terms and Conditions of a licence

273.  (1)  The Council may, by by-law,

(a) set the term of a licence referred to in section 272 (1) for any period up to 2 years after the date on which the licence is granted,

(b) set a different term of licence for different classes of licences and, with respect to a licence referred to in section 272 (1) (a), set a different term of licence for different businesses, trades, professions or occupations, and

(c) provide for the prorating of the prescribed fee for a licence in relation to the actual term of the licence.

(2)  A licence referred to in section 272 must set out the term of the licence and the expiry date of the licence.

(3)  The Council may delegate to an officer or employee of the city the authority to set the term of a licence referred to in subsection (1) under conditions established in the by-law.

2009-10-29.

  Section 276 BEFORE amended by 2022-15-73,Sch 1 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Licence for each place of business

276.   A person who maintains more than one place at which he carries on a business, trade, profession, or other occupation shall be deemed to be carrying on his business, trade, profession, or other occupation at each of such places and to be subject to being licensed with respect to each place.

1953-55-276.

  Section 277 BEFORE amended by 2022-15-58 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Power to suspend licences

277.   The Chief Licence Inspector shall have power at any time summarily to suspend for such period as he may determine any licence if the holder of the licence

(a) is convicted of any offence under any Statute of Canada or of the Province of British Columbia;

(b) is convicted of any offence under any by-law of the city with respect to the business, trade, profession, or other occupation for which he is licensed or with respect to the relevant premises;

(c) has, in the opinion of the Inspector, been guilty of such gross misconduct in or with respect to the licensed premises as to warrant the suspension of his licence;

(d) has, in the opinion of such official,

(i) conducted his business in a manner; or

(ii) performed a service in a manner; or

(iii) sold, offered for sale, displayed for sale, or distributed to a person actually or apparently under the age of sixteen years any thing

that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of sixteen years.

Appeal from suspension

Any person whose licence has been suspended under this section may appeal to the Council in accordance with the procedure for that purpose prescribed by by-law, and upon such appeal the Council may confirm or may set aside such suspension on such terms as it may think fit.

1953-55-277; 1972-58-21.

  Section 277.1 (1) BEFORE amended by 2007-6-42, effective March 29, 2007 (Royal Assent).

(1)  Council may, by resolution, delegate the holding of a hearing under section 275 or 278, or an appeal under section 277, specifically, by class or generally, to one or more council members.

  Section 278A was enacted by 2024-3-11, effective March 14, 2024 (Royal Assent).

  Section 279A (1.1) BEFORE repealed by 2003-7-63, effective December 5, 2003 (BC Reg 453/2003).

(1.1)  This section is subject to a by-law or order under, and the Schedule of, the Holiday Shopping Regulation Act.

  Section 279A.1 BEFORE re-enacted by 2013-4-5, effective March 14, 2013 (Royal Assent).

 Business premises regulation areas

279A.1  (1)  The Council may, by by-law,

(a) designate an area of the City as a business premises regulation area for the purposes of this section, and

(b) for any class of business premises prescribed by regulation under subsection (2), regulate the hours and days during which business premises in the area designated under paragraph (a) may remain open or must be closed for business.

(2)  The Lieutenant Governor in Council may make regulations prescribing classes of business premises for the purposes of this section.

(3)  To the extent of any conflict between a by-law under section 279A and a by-law under this section, the by-law under this section prevails.

1998-37-40.

  Section 279A.1 (1) definition of "licensed establishment" BEFORE amended by 2015-19-117(a), effective January 23, 2017 (BC Reg 241/2016).

"licensed establishment" means

(a) a licensed restaurant, or

(b) a prescribed business premises for which a licence under the Liquor Control and Licensing Act, other than a food primary licence, has been issued;

  Section 279A.1 (1) definition of "licensed restaurant" BEFORE repealed by 2015-19-117(b), effective January 23, 2017 (BC Reg 241/2016).

"licensed restaurant" means an establishment for which a food primary licence under the Liquor Control and Licensing Act has been issued, including, for certainty, such an establishment that is a prescribed business premises;

  Section 279B (3) (c) BEFORE amended by 2003-15-18, effective March 27, 2003 (Royal Assent).

(c) an appeal to the Vancouver Police Board from a decision granting, refusing, suspending, or cancelling any permit;

  Section 279B (5) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(5) The Council may, by by-law, exercise powers given by regulation under section 726 (3) of the Local Government Act in relation to security alarm systems.

  Section 279B (3) (b) BEFORE amended by 2022-15-59, effective June 2, 2022 (Royal Assent).

(b) for a system of permits requiring that any person selling, maintaining, possessing, or using an alarm system shall possess a current and valid permit, and for the delegation to the Chief Constable or other peace officer in direct charge of the peace officers providing policing within the municipality the power, in his discretion, to grant, suspend, or cancel any permit;

  Section 279B (3) (e) BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(e) that where a person possessing or using an alarm system or his authorized representative does not attend at his premises where an alarm has been activated within one hour of receiving a request to do so made by a member or employee of the police department providing policing in the municipality, the person possessing or using the alarm system shall thereupon become liable to the municipality for an amount not exceeding $25 per hour or portion thereof for each employee and member of the police department attending the alarm;

  Section 279B (3) (d) BEFORE repealed by 2023-16-19(a), effective May 11, 2023 (Royal Assent).

(d) for the charging of a fee or fees in respect to the issuance of a permit and the reinstatement of a suspended permit;

  Section 279B (3) (f) (part) BEFORE amended by 2023-16-19(b), effective May 11, 2023 (Royal Assent).

(f) for fees to be paid

  Section 279C (1) (d) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(d) exercise powers given by regulation under section 726 (3) of the Local Government Act in relation to fire alarm systems;

  Section 279C (1) (b) (part) BEFORE amended by 2023-16-20, effective May 11, 2023 (Royal Assent).

(b) establish fees to be paid

  Section 283 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Status of owner-occupier

283.   An occupier of real property shall not be freed from liability for business tax by reason only of the fact that he is the owner of such real property.

1953-55-283.

  Section 289 (1) BEFORE amended by 2004-44-160, effective December 31, 2004 (BC Reg 547/2004).

289.  (1)  Unless otherwise expressly provided, the real property comprised in every street, park, or public square in the city shall be absolutely vested in fee-simple in the city subject only to section 291A of this Act; provided that section 3 of the Highway Act shall not apply to any street, park, or public square aforesaid; provided further, however, that it shall be lawful for the city to acquire from any person rights or easements for street, park, or public square purposes less than the fee-simple, whether on, above, or below the surface of any real property owned by such person.

  Section 291 (i.1) BEFORE repealed by 2023-16-21, effective May 11, 2023 (Royal Assent).

  Section 291A (7) BEFORE amended by 2004-66-164, effective January 20, 2005 (BC Reg 16/2005).

(7)  Upon the deposit in the land title office of a copy of the resolution stopping up, altering, or diverting any street or part thereof, certified as such by the City Clerk, accompanied by a plan showing thereon the street or part thereof so stopped up, altered, or diverted, together with a conveyance of the whole or any part thereof completed in accordance with the requirements of the Land Title Act and the forms and fees prescribed under that Act, the registrar shall, notwithstanding sections 107 and 108 of the Land Title Act or section 289 (2) of this Act or the provisions of any other Act, and whether the city appears on the records of the land title office as the owner or not, on finding a good, safeholding marketable title in fee-simple in the applicant, register the real property described in the said conveyance in the name of the grantee therein and issue to him a certificate of indefeasible title thereto. Any conveyance executed under this section shall have effect as a Crown grant.

  Section 291A (1) BEFORE amended by 2022-15-73,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(1) A resolution shall not be passed for stopping up, altering, or diverting any street or part thereof if the effect of such resolution will be completely to deprive any owner of the means of ingress to or egress from any real property owned by him abutting such street unless in addition to making compensation to such owner, as provided in Part XXVI of this Act, another convenient means of access to his real property is provided, the sufficiency of which, for the purposes of this section only, shall be in the sole discretion of the Council; provided that where the owner consents in writing to the stopping-up, altering, or diverting of any street aforesaid the provisions of this subsection shall not apply to any resolution providing for the same. For the purposes of this section, the word "owner" means an owner as defined by the Land Title Act.

  Section 291A (4) BEFORE amended by 2022-15-73,Sch 1 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(4) If an owner does not exercise his right to purchase within such period as may be fixed by the resolution or any subsequent resolution, the Council may dispose of the part which he has the right to purchase to any other person at the same or greater price.

  Section 291A (7) BEFORE amended by 2022-15-73,Sch 3, effective June 2, 2022 (Royal Assent).

(7) Upon the deposit in the land title office of a copy of the resolution stopping up, altering, or diverting any street or part thereof, certified as such by the City Clerk, accompanied by a plan showing thereon the street or part thereof so stopped up, altered, or diverted, together with a conveyance of the whole or any part thereof completed in accordance with the requirements of the Land Title Act and the forms approved and fees payable under that Act, the registrar shall, notwithstanding sections 107 and 108 of the Land Title Act or section 289 (2) of this Act or the provisions of any other Act, and whether the city appears on the records of the land title office as the owner or not, on finding a good, safeholding marketable title in fee-simple in the applicant, register the real property described in the said conveyance in the name of the grantee therein and issue to him a certificate of indefeasible title thereto. Any conveyance executed under this section shall have effect as a Crown grant.

  Section 292 (3) BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

(3) The approving officer may refuse to approve a subdivision plan if he is of the opinion that the cost to the city of providing or maintaining public utilities or other municipal works or services would be excessive.

  Section 292 (1) (h) and (i) BEFORE amended by 2023-16-22, effective May 11, 2023 (Royal Assent).

(h) establishing subdivision application fees payable to the city, which may vary according to the size of the property to be subdivided, the number of lots to be created and the type or classification of the property;

(i) establishing fees payable to the city for changes to a subdivision plan or a by-law under this section.

  Section 293 (1) BEFORE amended by 2022-15-73,Sch 1 and 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

(1) There shall be an appeal to a Judge of the Supreme Court in Chambers by any person who is aggrieved by the approval of, or the refusal to approve, a subdivision or resubdivision pursuant to a by-law made pursuant to section 292.

(a) A person so aggrieved may, within twenty-one days after the receipt by him of notice of such approval or refusal, apply to the Judge in a summary way by petition supported by affidavit, stating all the facts of the case, and that to the best of the information, knowledge, and belief of the deponents such facts have been fairly disclosed:

(b) All parties interested, including the city, shall be served with the petition, together with all material intended to be used at the hearing of the appeal:

(c) At least ten days' notice shall be given of the time and place of hearing, and all parties interested may appear and be heard:

(d) The Judge may make any order he sees fit as to the notification of other parties of the hearing, and upon the hearing may make such order not inconsistent with the by-law as may be just in the premises, and may make such order as to the costs of the parties appearing as he may see fit.

  Section 294 (9) (d) BEFORE amended by 2016-5-37, effective March 10, 2016 (Royal Assent).

(d) a dyke or road.

  Section 294 (3) BEFORE amended by 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(3) No action for damages lies or shall be instituted against a civic public officer for anything said or done or omitted to be said or done by him in the performance or intended performance of his duty or the exercise of his power or for any alleged neglect or default in the performance or intended performance of his duty or exercise of his power.

  Section 296 BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

Third-party procedure

296.   The city shall be entitled to such remedy over in the same action if the other person is made a party to the action, and if it is established in the action as against such other person that the damages were sustained by reason of an obstruction, excavation, or opening in or near to a street so placed, made, left, or maintained by him, or by reason of any negligent or wrongful act or omission of any person, other than a servant of the city; and the city may in such action have the other person added as a party defendant or third party for the purposes hereof (if not already a defendant in the action jointly with the city); and the other person may defend such action as well against the plaintiff's claim as against the claim of the city to a remedy over; and the Court or Judge, upon the trial of the action, may order costs to be paid by or to any of the parties thereto, or in respect of any claims set up therein, as in other cases.

1953-55-296.

  Section 300 (f) BEFORE amended by 2023-16-23, effective May 11, 2023 (Royal Assent).

(f) for the installation of a connection to any parcel of real property abutting on any street in which a water-main is installed, from such main, and for fixing the fees therefor and the terms and conditions upon which such a connection shall be installed;

  Section 300.1 including heading was enacted by 2007-6-43, effective March 29, 2007 (Royal Assent).

  Section 302 (o) BEFORE amended by 2016-5-38, effective March 10, 2016 (Royal Assent).

(o) for the construction and maintenance of dykes or embankments and ancillary facilities to prevent the flooding of land.

  Section 302 (f) BEFORE amended by 2023-16-24, effective May 11, 2023 (Royal Assent).

(f) for the installation of a connection to any parcel of real property abutting on any street in which a sewer or drain is installed, from such sewer, and for fixing the fees therefor and the terms and conditions upon which such connections shall be installed;

  Section 303 (l) and (m) BEFORE amended by 2010-6-128, effective June 3, 2010 (Royal Assent).

Regulation of solid waste services

(l) by by-law, regulating persons engaged in the business of removing, collecting, transferring, recycling and disposing of solid waste;

Regulation of direct disposal

(m) by by-law, regulating the means of disposal used by persons who dispose of their own solid waste.

  Section 304 definition of "greenhouse gas" was added by 2008-8-7, effective March 31, 2008 (Royal Assent).

  Section 304 definition of "greenhouse gas" BEFORE amended by 2018-32-5,Sch, effective November 9, 2018 (BC Reg 235/2018).

"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act.

  Section 306 (o) BEFORE amended by 2003-39-98(a), effective April 1, 2004 (BC Reg 136/2004).

(o) for regulating the installation and use of gas or oil ranges, gas or oil heaters, gas or oil furnaces, and other appliances using gas or oil for the production of heat, and the piping and other apparatus connected therewith;

  Section 306 (aa) BEFORE amended by 2003-39-98(b), effective April 1, 2004 (BC Reg 136/2004).

(aa) for requiring that every elevator in any building used for residential purposes shall be maintained in an operational condition at all times;

  Section 306 (a) (iv) to (vi) were added by 2008-8-8, effective March 31, 2008 (Royal Assent).

  Section 306 was renumbered to 306 (1) by 2008-23-33(a), effective May 29, 2008 (Royal Assent).

  Section 306 (1) (r) BEFORE amended by 2008-23-33(b), effective May 29, 2008 (Royal Assent).

Off-street parking for other buildings

(r) for requiring that in the construction or change of use of any building or portion thereof suitable provision shall be made off the street to accommodate such number of motor-vehicles and bicycles as the Council may by by-law prescribe, and for defining and classifying such buildings, and for differentiating and discriminating according to such classification in respect of the accommodation to be provided as aforesaid;

  Section 306 (1) (s) and (s.1) BEFORE repealed by 2008-23-33(b), effective May 29, 2008 (Royal Assent).

Off-street loading and parking for commercial buildings

(s) for requiring that in the construction or change of use of any building or portion thereof used for commercial or industrial purposes, or where by the nature of its proposed use quantities of articles, materials, or merchandise will be delivered to or taken from such building, suitable provision shall be made off the street for accommodating such number of vehicles as the Council may prescribe and for off-street loading and unloading of articles, materials, or merchandise delivered to or taken from such building, and for defining and classifying such buildings, and for differentiating and discriminating according to such classification in respect of such provision, and, in the discretion of the Council, for designating the areas where such provision shall be required;

(s.1) waiving the requirement for some or all of the off-street parking spaces to be provided under

(i)  a by-law under paragraph (r), if the parking is in relation to residential, cultural or recreational uses of a building that is designated as a heritage site under the Heritage Conservation Act, or

(ii)  a by-law under paragraph (s),

and instead requiring the payment to the city of an amount of money as specified in the by-law, which money must be paid into a reserve fund for the provision of new and existing off-street parking spaces and used only for that purpose;

  Section 306 (2) to (10) were added by 2008-23-33(c), effective May 29, 2008 (Royal Assent).

  Section 306 (9) (i) to (iv) are renumbered paragraphs (a) to (d) amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).

  Section 306 (1) (bb) (ii) BEFORE amended by 2018-23-47, effective May 31, 2018 (Royal Assent).

(ii) Council has suspended or revoked a license on the grounds that the owner or occupier of the premises is in violation of a by-law regarding building standards or fixing standards for human habitation,

  Section 306 (1) (i) BEFORE amended by 2020-1-9, effective March 5, 2020 (Royal Assent).

(i) for fixing standards of fitness for human habitation to which all dwellings, whether single or multiple, shall conform, and for requiring the owners of dwellings to make the same conform to any such standards, and for prohibiting the use or occupancy of dwellings which do not conform with any standard so fixed, and for providing (after the giving of notice as hereinafter provided) that in default of such conformation to such standards the city may by its workmen or others enter and effect such repairs, renovations or alterations as are necessary to make the dwellings conform to such standards at the cost of the person so defaulting; no such work shall be undertaken by the city until the expiration of 60 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

  Section 306 (1) (i) and (t) BEFORE amended by 2022-15-60(a) and (b), effective June 2, 2022 (Royal Assent).

(i) for fixing standards of fitness for human habitation to which all dwellings, whether single or multiple, shall conform, and for requiring the owners of dwellings to make the same conform to any such standards, and for prohibiting the use or occupancy of dwellings which do not conform with any standard so fixed, and for providing (after the giving of notice as hereinafter provided) that in default of such conformation to such standards the city may by its workmen or others enter and effect such repairs, renovations or alterations as are necessary to make the dwellings conform to such standards at the cost of the person so defaulting; no such work shall be undertaken by the city until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

(t) for compelling owners of, or building contractors in respect of, any real property on which there is any excavation likely to be dangerous to children or others to keep the same effectively fenced or enclosed or under the care of a watchman;

  Section 306 (1) (ee) was added by 2022-15-60(c), effective June 2, 2022 (Royal Assent).

  Section 306 (1) (e) and (z) BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

(e) for prohibiting any person from commencing the construction of any building, or part thereof, until he has obtained a permit therefor from the City Building Inspector;

(z)

(i) for establishing a system to permit an architect or engineer recognized as qualified by the City Building Inspector and retained by a person seeking a building permit, to certify:

(A) that plans describing a building comply with the Building By-law; and

(B) that a building as built conforms to plans which were accepted by the city or certified as complying with the Building By-law by an architect or engineer;

(ii) such a system may establish the form of such certificates and the City Building Inspector may accept a certificate as satisfactory evidence of compliance and conformity;

(iii) the system established may also provide for any of the following:

(A) that in order to be recognized as qualified by the City Building Inspector, an architect or engineer must provide evidence satisfactory to the City Building Inspector that he is covered by public liability insurance, and must attend a course or courses approved by the City Building Inspector and, or in the alternative, attain a designated mark in an examination approved by the City Building Inspector;

(B) that an architect or engineer so recognized as qualified may be disqualified by the City Building Inspector;

(C) that a qualified architect or engineer shall, prior to issuing a certificate, obtain from qualified professional engineers all necessary assurances as to the building's electrical, mechanical and structural safety and fire protection;

(D) that a specified portion of the fees to be charged for a building permit in respect of which a qualified architect or engineer has issued the certificate of compliance may be refunded upon receipt of the certificate of compliance and record drawings of the completed building;

(E) that persons wishing to retain an architect or engineer to certify the compliance of plans and buildings shall enter into such undertakings and assurances as the City Building Inspector may prescribe; and

(F) that a permit may be revoked and no work on a building shall be permitted to continue where an architect or engineer retained to certify compliance and conformity has been discharged or resigns, except with the approval of the City Building Inspector;

(iv) where the City Building Inspector accepts the certificate of a qualified engineer or architect pursuant to a system established under this section neither the city nor the City Building Inspector nor any other city employee shall be liable for any loss, damage or expense caused or contributed to because a building in respect of which a certificate is issued is unsafe or does not comply with the Building By-law or other applicable by-laws;

Elevators

  Section 306 (1) (n) BEFORE amended by 2022-15-73,Sch 1 and 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

(n) for constituting a board of examiners for persons desiring to engage in the trade of plumber, and for empowering such board to grant to any person found by the board to be a competent plumber a certificate of registration after such tests as may be required of him, and for making it unlawful for any person to engage in the trade of plumber unless he is the holder of such a certificate;

  Section 306 (1) (h) BEFORE amended by 2022-15-73,Sch 3, effective June 2, 2022 (Royal Assent).

(h) for providing for the inspection of all buildings during the course of construction and thereafter as occasion may require, and for empowering the City Building Inspector, and anyone authorized by him, to enter any premises at any reasonable time for the purpose of such inspection;

  Section 306 (1) (f) and (i) BEFORE amended by 2023-16-25, effective May 11, 2023 (Royal Assent).

(f) for fixing the terms and conditions upon which the City Building Inspector may issue, cancel, or suspend building or other permits, including the fees to be charged therefor and the building, surveyor's, or other plans, specifications and particulars to be submitted with applications for building permits;

(i) for fixing standards of fitness for human habitation to which all dwellings, whether single or multiple, shall conform, and for requiring the owners of dwellings to make the same conform to any such standards, and for prohibiting the use or occupancy of dwellings which do not conform with any standard so fixed, and for providing (after the giving of notice as hereinafter provided) that in default of such conformation to such standards the city may by its workers or others enter and effect such repairs, renovations or alterations as are necessary to make the dwellings conform to such standards at the cost of the person so defaulting; no such work shall be undertaken by the city until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

  Section 306 (1.1) and (1.2) were added by 2023-45-27, effective December 7, 2023 (BC Reg 264/2023).

  Section 306.01 was enacted by 2023-48-13, effective December 7, 2023 (BC Reg 265/2023).

  Section 307 BEFORE amended by 2008-23-34, effective May 29, 2008 (Royal Assent).

307.  Where a demolition or removal is undertaken pursuant to clause (j) or (q) of section 306 and any occupants of the building refuse to vacate the premises, they may be evicted upon such notice as the Council may prescribe. If, at the expiration of such notice, any occupant remains on the premises, the Mayor may direct a warrant to the Chief Constable requiring him to remove such occupant and his effects, and the Chief Constable shall, using such force as is necessary, cause them to be removed accordingly.

  Section 307 BEFORE amended by 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Eviction of tenants may be effected

307.   Where a demolition or removal is undertaken pursuant to section 306 (1) (j) or (q) and any occupants of the building refuse to vacate the premises, they may be evicted upon such notice as the Council may prescribe. If, at the expiration of such notice, any occupant remains on the premises, the Mayor may direct a warrant to the Chief Constable requiring him to remove such occupant and his effects, and the Chief Constable shall, using such force as is necessary, cause them to be removed accordingly.

1953-55-307; 1962-82-13; 2008-23-34.

  Section 308 BEFORE amended by 2008-23-34, effective May 29, 2008 (Royal Assent).

308.  Where in any year a building has been demolished or removed pursuant to clause (j) or (q) of section 306, the Council may remit so much as it sees fit of the taxes levied in that year in respect of such building.

  Section 308A (b) BEFORE amended by 2023-16-26, effective May 11, 2023 (Royal Assent).

(b) the deposit of soil, sand, gravel, rock or other material on land in the municipality or in any area in the municipality, and require the holding of a permit for the purpose and fix a fee for the permit, and different regulations and prohibitions may be made for different areas.

  Section 311 (h.1) was added by 2003-52-511, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 311 (b) BEFORE amended by 2006-3-27, effective March 28, 2006 (Royal Assent).

(b) for empowering members of the Fire Department, in the absence of the police, to give directions at or near a fire for the regulation or diversion of vehicular traffic, and for requiring that all persons shall comply with such directions notwithstanding that they may be at variance with traffic signs or the like;

  Section 311 (i) BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(i) for requiring the owners or occupants of real property

(i) to remove anything and everything from a building or yard which in the opinion of the Fire Chief or any person under his authority is a fire-hazard or increases the danger of fire;

(ii) to clean chimneys and flues or other apparatus at fixed times or at any time when in the opinion of the Fire Chief or any person under his authority failure to so clean may cause a fire or increase the danger of fire;

  Section 312 (2) was added (after 312 was renumbered 312 (1)) by 2003-39-99, effective April 1, 2004 (BC Reg 136/2004).

312.  There shall be a City Electrician appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe.

  Section 313 BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

His powers of entry for inspection

313.   The City Electrician, or any person authorized by him, may enter any building or premises at any reasonable time for the purpose of inspecting and testing any wiring, appliance, equipment, conduit, or apparatus used or designed, or intended for use, for or in connection with the generation, transmission, supply, distribution, or employment of electrical energy for any purpose (in this Part referred to as "electrical works").

1953-55-313.

  Section 314 (1) BEFORE amended by 2003-39-100, effective April 1, 2004 (BC Reg 136/2004).

(1)  The Council may, subject to the Electrical Safety Act, provide

  Section 314 (1) (g) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(g) for requiring that any person permitted to erect any poles in a street shall afford to the city reasonable accommodation thereon for such wires or other equipment as may be required for the purposes of the city upon such terms as may be agreed upon or, failing agreement, upon terms to be fixed by arbitration under the Commercial Arbitration Act;

  Section 314 (3) (a) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(a) to require any of the said companies to remove any presently existing electrical works or any renewal thereof, or to move the same to any new location, except upon condition that the city shall pay reasonable compensation to such company for the expense and loss of and from such removal or moving, the amount thereof to be such as the city and such company may agree upon or, in the event of failure to agree, as may be settled by arbitration pursuant to the Commercial Arbitration Act; or

  Section 314 (1) (b) BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

(b) for prohibiting any person from installing any electrical works until he has obtained a permit therefor from the City Electrician;

  Section 314 (1) (c) BEFORE amended by 2023-16-27, effective May 11, 2023 (Royal Assent).

(c) for fixing the terms and conditions upon which the City Electrician may issue such permits, and for fixing the fees to be charged therefor;

  Section 315 BEFORE amended by 2014-15-196, effective February 29, 2016 (BC Reg 35/2016).

Water powers

315.   Subject to the provisions of the Water Act, the Council may provide for the diversion and use of water, within or without the city, for power purposes, and may cause any water-power project to be examined, investigated, and reported upon, and may acquire, develop, establish, equip, operate, and maintain the necessary dams, plant, works, and buildings for the purpose of producing and conveying to the city electrical energy or other power produced by the use of water, and may use, for the purposes of the city, or dispose of any energy or power so produced.

1953-55-315.

  Section 317 (a), (c), (f) and (g) BEFORE amended by 2009-22-80, effective October 29, 2009 (Royal Assent).

  (1)  The Council may make by-laws

Regulating traffic

(a) for regulating pedestrian, vehicular, and other traffic and the stopping and parking of vehicles upon any street or part thereof;

Classification of vehicles

(c) for defining and classifying vehicles, and for differentiating and discriminating between classes of vehicles in the exercise of any of the powers of the Council with respect to the use of streets;

Classification of streets

(f) for classifying streets and parts thereof and differentiating between classes of them in the exercise of any of the powers of the Council with respect to the use of streets;

Vehicles may be banned

(g) for fixing the times when and the terms upon which all or certain classes of vehicles may or may not be used on any particular street or part thereof;

  Section 317 (1) (j) BEFORE amended by 2004-39-78, effective June 28, 2004 (BC Reg 265/2004).

(j) subject to the provisions of the Motor Carrier Act, for fixing the maximum and minimum charges to be made by such carriers or any class thereof, which charges may be based upon zones or districts designated by by-law;

  Section 317 (1) (o) (ii) BEFORE amended by 2004-39-78, effective June 28, 2004 (BC Reg 265/2004).

(ii)  has given proof of financial responsibility pursuant to Motor Vehicle Act or the Motor Carrier Act

  Section 317 (1) (u) (i) BEFORE amended by 2004-44-161, effective December 31, 2004 (BC Reg 547/2004).

 Lines on streets

(u) (i) for designating streets or portions of streets on which a distinguishing single line or double line shall be marked, which lines need not be in the middle of the travelled portion of the street, and, notwithstanding anything contained in the Highway Act, for prescribing that all vehicles shall be kept to the right of such double line at all times, and to the right of such single line except when passing an overtaken vehicle elsewhere than at a curve in the street;

  Section 317 (1) (u) (ii) BEFORE amended by 2004-44-161, effective December 31, 2004 (BC Reg 547/2004).

 Traffic-lanes

(ii)  for marking traffic-lanes on streets, and, notwithstanding anything contained in the Highway Act, for regulating the driving of vehicles within such lanes;

  Section 317 (1) (o) (ii) BEFORE amended by BC Reg 337/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 337/2006).

(ii)  has given proof of financial responsibility pursuant to Motor Vehicle Act or the Passenger Transportation Act

  Section 317 (ff) was added by 2009-22-80, effective October 29, 2009 (Royal Assent).

  Section 317 (1) (aa) BEFORE amended by 2013-4-6, effective March 14, 2013 (Royal Assent).

Parking meters

(aa) for locating, erecting, maintaining, and operating on any street automatic or other mechanical meters with the necessary standards and connections for the purpose of allotting parking-spaces on the street for vehicles and of measuring and recording the duration of such parking, and for requiring the operators of every vehicle parked in such space to make use of the said meters and deposit therein a fee for parking in the manner and at the rate prescribed by by-law and as measured by the meter, and for prohibiting any person from parking in such a space unless such meter is made use of and such fee is paid;

  Section 317 (1) (b) BEFORE amended by 2022-15-73,Sch 1 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(b) for authorizing a police constable to arrest without warrant any person whom he finds committing a breach of any provision of a by-law passed pursuant to the provisions of this Act respecting traffic if such person shall fail to stop and state his name and address when so requested by such police constable;

  Section 317 (1) (p) and (r) BEFORE amended by 2022-15-73,Sch 4, effective June 2, 2022 (Royal Assent).

(p)

(i) for fixing standards of safety and of repair to be required of vehicles other than trolley-coaches, while parked or being operated on any street, and for requiring the owners and operators of such vehicles to present the same for inspection as to safety and repair at such place and at such times as the by-law prescribes, and for imposing a charge for such inspection and for prohibiting the use or operation on any street of any vehicle which has not been presented as required for inspection pursuant to the by-law or, having been presented, fails to pass such inspection;

(ii) for appointing a Superintendent, Motor-vehicle Inspection, and delegating to such Superintendent or his assistants or inspectors any or all of the powers of inspecting and passing or failing to pass, in accordance with the standards of safety and repair so fixed, vehicles other than trolley-coaches;

(r) for regulating the use of any street by horses or other animals, and for prohibiting any person from allowing his horse or other animal to be on a street unattended, except as may be provided by by-law;

  Section 317 (1) (n), (x) and (aa) BEFORE amended by 2023-16-28, effective May 11, 2023 (Royal Assent).

(n) for regulating the use of bicycles, or other vehicles propelled by human muscular power, on any street or other public place, and for compelling the owners thereof to register the same annually pursuant to regulations provided by by-law, and for imposing a fee for such registration not exceeding one dollar per annum for each such vehicle;

(x) for acquiring real property for the use of the public for the parking of vehicles, and for providing and maintaining thereon the necessary buildings and equipment therefor, and for operating and managing the business of affording parking accommodation thereon, and for allowing persons to use portions of such real property for the parking of vehicles upon such terms and conditions and for such fee or charge as may be prescribed in the by-law;

(aa) in relation to on-street parking spaces for vehicles, for

(i) establishing fees to be paid for use of a parking space,

(ii) prohibiting persons from using a parking space for a vehicle unless the applicable fee is paid, and

(iii) the installation, operation and maintenance of meters or other systems for determining and collecting applicable fees;

  Section 317.1 was enacted by 2018-53-79, effective September 16, 2019 (BC Reg 160/2019).

  Section 318 (1) (b) BEFORE amended by 2022-15-61, effective June 2, 2022 (Royal Assent).

(b) for authorizing the City Engineer or other person to designate by traffic signs and markings such portions of streets as in his discretion should be designated as school crossings or playground crossings, and, subject to the Motor Vehicle Act, for regulating traffic at such crossings, and for inflicting a minimum fine of fifteen dollars for any breach of such regulations;

  Section 319 (g) was added by 2004-51-47, effective May 20, 2004 (Royal Assent).

  Section 319 was renumbered 319 (1) by 2009-22-81(a), effective October 29, 2009 (Royal Assent).

  Section 319 (1) (d) and (e) BEFORE amended by 2009-22-81(b) and (c), effective October 29, 2009 (Royal Assent).

Advertising on streets

(d) for regulating the exhibiting or placing of advertising-matter on, in, or above any street or on any pole or projection therein, including the billboards, hoardings, or other means used in connection with such advertising-matter;

Distributing advertising-matter

(e) for regulating the distribution of advertising-matter to persons or vehicles on any street, and for prohibiting persons from distributing any such matter if it is likely to be thrown or left upon a street;

  Section 319 (1) (h) and (i) and (2) were added by 2009-22-81(d) and (e), effective October 29, 2009 (Royal Assent).

  Section 319 (1) (f) BEFORE amended by 2023-16-29, effective May 11, 2023 (Royal Assent).

(f) for regulating the use of any street for the making of motion pictures, television productions, festivals, races or other events, including the power to temporarily close streets to vehicular traffic, pedestrian traffic or both and to levy fees therefor;

  Section 319.1 was enacted by 2009-22-82, effective October 29, 2009 (Royal Assent).

  Section 319.2 was enacted by 2009-22-82, effective October 29, 2009 (Royal Assent).

  Section 323 (i) BEFORE amended by 2003-39-101, effective April 1, 2004 (BC Reg 136/2004).

(i) for regulating the use of poisonous refrigerants or other noxious materials employed in bringing about changes in temperature;

  Section 323 (b) BEFORE amended by 2009-22-83, effective October 29, 2009 (Royal Assent)

Disturbing noises

(b) for regulating the making or causing of noises or sounds anywhere within the city which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of persons in the vicinity, or which, in the opinion of the Council, are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; and may make different regulations or prohibitions for different areas of the city; and for providing for exceptional cases, where such noises may, with the permission of the Mayor, be permitted for limited periods, and for providing that the owner or occupant of any real property shall be deemed to be responsible for any noise emanating or which has regularly emanated from such real property and shall be liable to the penalties provided in the by-law; no penalty shall be imposed upon any person as owner without such person being given a reasonable opportunity to show cause why such penalty should not be imposed;

  Section 323 (u) BEFORE amended by 2020-1-10, effective March 5, 2020 (Royal Assent).

(u) for requiring the owners or occupants of real property to maintain the said property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood; and, where the premises are not occupied by the owner thereof, for providing (after the giving of notice as hereinafter provided) that in default of such maintenance the city may, by its workmen or others, enter and effect such maintenance at the cost of the person so defaulting; no such work shall be undertaken by the City until the expiration of 60 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

  Section 323 (m), (r) and (u) BEFORE amended by 2022-15-62, effective June 2, 2022 (Royal Assent).

(m) for requiring the owner or occupier of any real property to remove therefrom any accumulation of rubbish, discarded materials, garbage, ashes, or filth, or any unsightly accumulation of graffiti, and lawfully to dispose of the same, and for providing that in default of such removal the city may, by its workmen or others, enter and effect such removal at the cost of the person so defaulting;

(r) for requiring the owner or occupier of any parcel to clear the same of brush, trees, noxious weeds, or other growths, and, in default, for empowering the city, by its workmen or others, to enter and effect such clearing and to enter the cost thereof in the real-property tax roll with respect to such parcel;

(u) for requiring the owners or occupants of real property to maintain the said property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood; and, where the premises are not occupied by the owner thereof, for providing (after the giving of notice as hereinafter provided) that in default of such maintenance the city may, by its workmen or others, enter and effect such maintenance at the cost of the person so defaulting; no such work shall be undertaken by the City until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

  Section 323 (j), (m), (r) and (u) BEFORE amended by 2023-16-30, effective May 11, 2023 (Royal Assent).

(j) for regulating the use of bathing-pools and swimming-pools to which the public is admitted, whether for a fee or otherwise, and for prescribing the means and frequency of changing the water therein and of keeping them free from contamination and from the possibility of communicating disease to persons using them;

(m) for requiring the owner or occupier of any real property to remove therefrom any accumulation of rubbish, discarded materials, garbage, ashes, or filth, or any unsightly accumulation of graffiti, and lawfully to dispose of the same, and for providing that in default of such removal the city may, by its workers or others, enter and effect such removal at the cost of the person so defaulting;

(r) for requiring the owner or occupier of any parcel to clear the same of brush, trees, noxious weeds, or other growths, and, in default, for empowering the city, by its workers or others, to enter and effect such clearing and to enter the cost thereof in the real-property tax roll with respect to such parcel;

(u) for requiring the owners or occupants of real property to maintain the said property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood; and, where the premises are not occupied by the owner thereof, for providing (after the giving of notice as hereinafter provided) that in default of such maintenance the city may, by its workers or others, enter and effect such maintenance at the cost of the person so defaulting; no such work shall be undertaken by the City until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

  Section 324.1 BEFORE re-enacted by 2003-52-512, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

324.1  (1)  In this section:

"animal control officer" means

(a) an employee, officer or agent designated by the Council as an animal control officer for the purposes of this section, or

(b) a peace officer;

"companion animal" means an animal kept as a pet or as a guide animal;

"dangerous dog" means a dog that

(a) has killed or seriously injured a person,

(b) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person, or

(c) while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, has killed or seriously injured a companion animal or a domestic animal;

"domestic animal" means a domestic animal as defined in the Livestock Protection Act;

"seize" includes impound and detain.

(2)  In addition to the authority under section 324 but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the dog is a dangerous dog.

(3)  Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (c) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of

(a) attempting to prevent a person from committing an unlawful act, or

(b) performing law enforcement work.

(4)  An animal control officer may enter a place to exercise the power under subsection (2),

(a) in any case, with the consent of the owner or occupier of the place,

(b) in any case, in accordance with a warrant under subsection (5) or (6), or

(c) if the circumstances referred to in subsection (7) apply, in accordance with that subsection.

(5)  If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that

(a) there is in a place a dog, and

(b) the dog is a dangerous dog,

a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.

(6)  If

(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and

(b) the officer believes on reasonable grounds that the circumstances referred to in subsection (5) (a) and (b) apply,

the officer may apply for a warrant in accordance with section 22 [telewarrants] of the Offence Act.

(7)  Subject to subsection (8), an animal control officer may, without a warrant, enter and search any place except a dwelling house and seize a dog, if the officer believes on reasonable grounds that

(a) the dog is a dangerous dog,

(b) the dog presents an imminent danger to the public, and

(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.

(8)  For the purposes of subsection (7), an animal control officer who is not a police officer must be accompanied by a police officer.

(9)  In addition to the authority under section 8 of the Livestock Protection Act, in relation to a dog that the animal control officer has reasonable grounds to believe is a dangerous dog, the animal control officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.

(10)  A dog that has been seized under this section may not be impounded for more than 21 days unless proceedings under subsection (9) of this section or section 8 of the Livestock Protection Act are commenced within that time.

(11)  Section 324 (b) applies in relation to seizure under this section.

2000-26-70.

  Section 324.1 (1) definition of "animal control officer" BEFORE repealed by 2024-3-12, effective March 14, 2024 (Royal Assent).

"animal control officer" means

(a) an employee, officer or agent designated by the Council as an animal control officer for the purposes of this section, or

(b) a peace officer;

  Section 324A BEFORE re-enacted by 2020-1-11, effective March 5, 2020 (Royal Assent).

Enforcement of provisions of by-law re nuisance

324A.   (1) The Council may, by resolution or by by-law, declare any building, structure, tree, or erection of any kind whatsoever, or any drain, ditch, watercourse, pond, surface water, or any other matter or thing in or upon any private or public lands, street or road, or in or about any building or structure, a nuisance or dangerous to the public safety or health, and may, by such by-law or resolution, as may be directed therein, order that the same shall be removed, pulled down, filled up, or otherwise dealt with by the owner, agent, lessee, or occupier thereof, as the Council may determine, and within such time after the service of the order as may be therein named. Service of the order so made shall be effected by sending a copy of the order by registered mail to the owner of the lands upon which such building, structure, tree, or erection stands, and to all other persons whose names appear on the records of the land title office as having an interest in the said lands, and to the agent, if known, of the registered owner thereof, and to the occupier thereof, if any; the same to be sent to the last-known address of each interested person herein referred to; provided that if the occupier of the lands upon which such building, structure, tree, or erection stands has no address to which the order may be sent by mail, service of the order may be made by posting a copy of the same on said building, structure, tree, or erection. The Council may, by such by-law or resolution, further order that, in case of default by the owner, agent, lessee, or occupier to comply with the order within the period named in such order, such removal, pulling down, filling up, or other dealing with same shall be done by any officer of the corporation authorized for that purpose by the said resolution or by-law, at the cost of such owner, and payment of such costs and all expenses incidental thereto may be enforced against the owner thereof by such officer in an action in any Court of competent jurisdiction; provided, however, that such order or orders of the Council shall not be carried into effect until the expiration of sixty days after the date of service by registered mail or by posting as aforesaid.

(2) It shall be lawful for the Council by the said resolution or by-law to order that any building, structure, tree, or erection so ordered to be dealt with, or any part or material thereof, shall be sold by auction or tender, or by private sale subject to the approval of the Council, or shall be otherwise disposed of in the discretion of the Council, and such sale or disposal may be effected at any time after the expiration of the period named in the order or orders herein referred to and after service thereof pursuant to this section. From the proceeds of such sale or disposal shall be deducted for the use of the city the actual costs and disbursements incurred by the city in carrying out the said pulling down, removal, sale, and disposal under the provisions of this section, and the remainder of such proceeds shall be paid by the city to the owner or owners, or other persons lawfully entitled thereto, who are interested in the lands from which any such building, structure, tree, or erection, or part or material thereof, has been so removed, pulled down, sold, or otherwise disposed of.

(3) The provisions of this section shall apply to any building, structure, or erection of any kind whatsoever which, in the opinion of the Council, is in so dilapidated or uncleanly a condition as to be offensive to the community.

1957-85-9; 1978-25-334, proclaimed effective October 31, 1979; 1997-25-184; 1999-38-64.

  Section 324B was enacted by 2020-1-11, effective March 5, 2020 (Royal Assent).

  Section 324C was enacted by 2020-1-11, effective March 5, 2020 (Royal Assent).

  Section 324D was enacted by 2020-1-12, effective March 5, 2020 (Royal Assent).

  Section 325 BEFORE re-enacted by 2008-28-158, effective March 31, 2009 (BC Reg 49/2009).

 Health Department

325.  There shall be a Health Department of the city, and a Medical Health Officer shall be appointed by Council. He shall have such duties and powers in addition to those prescribed by Statute as the Council may from time to time designate.

1953-55-325; 1984-32-11.

  Section 326 BEFORE repealed by 2008-28-158, effective March 31, 2009 (BC Reg 49/2009).

 Local Board displaced

326.  Notwithstanding the provisions of the Health Act, there shall be no Local Board of Health in the city, but all the powers and functions of such Board as provided by that Act shall be vested in and exercisable by the Council.

1953-55-326.

  Section 329 BEFORE amended by 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Access to be permitted

329.   It shall be the duty of the owner and occupier of any real property in the city to give to the Medical Health Officer and to any member of his staff, authorized by him for the purpose, such access at any reasonable time to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable any necessary inspection to be made.

1953-55-329.

  Section 330 (p) BEFORE amended by 2022-15-73,Sch 1 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(p) for regulating restaurants, and places where prepared food or drink is served to the public, in all respects so far as the health of their patrons is concerned, and particularly

(i) as to the sterilization and cleansing of receptacles for food or drink;

(ii) as to toilet and other accommodation;

(iii) as to such medical or laboratory examination of employees as the Medical Health Officer may prescribe for the detection of contagious or infectious disease;

(iv) empowering the Medical Health Officer to require such employees as in his opinion are likely to spread such disease to cease from their employment until he is satisfied that the danger of such spreading is past;

  Section 330 (q) BEFORE amended by 2022-15-73,Sch 1 and 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

(q) for providing that where, in the opinion of the Medical Health Officer, any building used for dwelling purposes (other than a one-family dwelling) is being inadequately provided with heat, light, water, or similar utilities, he may cause a notice to be posted on the premises requiring the owner to remedy the inadequacy in the manner described in the notice, and for providing that if such inadequacy is not remedied within 24 hours the Medical Health Officer or any person authorized by him may enter on the premises and do all such things as may be necessary to remedy such inadequacy, and for providing that the cost thereof may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of such cost in the real-property tax roll with respect to such premises.

  Section 330 (m) BEFORE amended by 2023-10-1156, effective March 30, 2023 (Royal Assent).

(m) for establishing and maintaining, either within or without the city, hospitals and other places where persons suffering from, or suspected to be suffering from, contagious or infectious diseases may be isolated and treated;

  Section 330 (q) BEFORE amended by 2023-16-31, effective May 11, 2023 (Royal Assent).

(q) for providing that where, in the opinion of the Medical Health Officer, any building used for dwelling purposes (other than a one-family dwelling) is being inadequately provided with heat, light, water, or similar utilities, the Medical Health Officer may cause a notice to be posted on the premises requiring the owner to remedy the inadequacy in the manner described in the notice, and for providing that if such inadequacy is not remedied within 24 hours the Medical Health Officer or any person authorized by the Medical Health Officer may enter on the premises and do all such things as may be necessary to remedy such inadequacy, and for providing that the cost thereof may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of such cost in the real-property tax roll with respect to such premises.

  Part XVI heading BEFORE amended by 2004-35-90, effective July 4, 2004 (BC Reg 274/2004).

Part XVI — Cemeteries

  Section 331 BEFORE re-enacted by 2004-35-91, effective July 4, 2004 (BC Reg 274/2004).

 Powers of Council

331.  The Council may

Acquisition of cemetery property

(a) acquire real property within or without the city to be used for cemetery or crematorium purposes, and lay out, develop, improve, maintain, regulate, and operate cemeteries and crematoria;

Regulation of cemeteries

(b) regulate the interment or other disposition of the dead in such cemeteries and crematoria;

Violation prohibited

(c) prohibit the violation of cemeteries and the damaging of any vaults, monuments, grave-stones, or graves within such cemeteries;

Terms of use of cemeteries

(d) establish the terms and conditions under which, and the fees for which, persons may acquire the right to make use of areas or plots in such cemeteries for the interment of the dead;

Perpetual care

(e) establish, set aside, and maintain a fund to defray the perpetual upkeep and care of a cemetery or part thereof, and accept from any person having the right to make use of any area or plot therein, and place in such fund, a capital sum for which the city may agree to ensure perpetual upkeep and care of such area or plot, and invest such fund in like manner as sinking funds are to be invested under Part V of this Act.

1953-55-331.

  Section 331 (d) BEFORE amended by 2023-16-32, effective May 11, 2023 (Royal Assent).

(d) establish the terms and conditions under which, and the fees for which, persons may acquire the right to make use of areas or plots in cemeteries, mausoleums, crematoriums and columbariums for the interment of the dead;

  Section 332 BEFORE repealed by 2004-35-92, effective July 4, 2004 (BC Reg 274/2004).

 Resumption of areas alienated

332.  Notwithstanding that a person may have acquired the right to make use of a grave or a plot comprising a number of graves in such a cemetery for the interment of the dead, the Council may make application to the registrar under the Cemetery and Funeral Services Act that such right be revoked. If upon such application the city furnishes proof to the registrar

(a) that no interment has been made in a grave, whether that grave forms part of a plot or otherwise; and

(b) that, after reasonable search, such person or his personal representative cannot be found,

the registrar may direct that the right to such grave be revoked, and thereupon the city may deal with the same as if the said right had never been granted. The person or his personal representative shall be entitled to be reimbursed upon proof that he is entitled thereto.

1953-55-332; 1956-70-8; 1989-21-140.

  Section 333 BEFORE re-enacted by 2009-22-84, effective October 29, 2009 (Royal Assent).

 Fines and penalties

333.  (1)  Subject to subsection (2), for the purposes of enforcing its by-laws, the Council may by by-law

(a) impose fines, imprisonment or both,

(b) in cases where the offence is of a continuing nature, impose a fine not exceeding $50 for each day such offence is continued, and

(c) provide for a minimum fine for an offence under any by-law.

(2)  The Council may not impose a fine, imprisonment or other penalty under subsection (1) for the contravention of a provision of a by-law made under section 317 (1) or 318 (1) that regulates or fixes the rate of speed at which a person may drive or operate a vehicle on a street.

1988-67-3; 1995-53-42.

  Section 333 (1) (b) BEFORE amended by 2020-1-13, effective March 5, 2020 (Royal Assent).

(b) a maximum fine of up to $10 000;

  Section 333B was enacted by 2003-60-37, effective May 3, 2004 (BC Reg 175/2004).

  Section 333B (1) (b) BEFORE amended by 2007-6-44, effective August 1, 2007 (BC Reg 189/2007).

(b) proceedings under sections 482 to 482.3 of this Act;

  Section 333C was enacted by 2003-60-37, effective January 1, 2005 (BC Reg 175/2004).

  Section 334 BEFORE re-enacted by 2006-3-28, effective March 28, 2006 (Royal Assent).

 Remedy of injunction

334.  Without limiting the right to enforce any proprietary, contractual or other rights, where an offence is committed against any by-law passed in the exercise of the powers of the Council or the Board of Parks and Recreation, in addition to any other remedy provided or penalty imposed, the continuance of such offence may be restrained by action of the city or the Board of Parks and Recreation as the case may be, or by action at the instance of a registered owner of real property in the city.

1988-67-3; 1993-54-71.

  Section 335 BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

 Powers of Justice of the Peace

335.  Every fine and penalty imposed by or under the authority of this Act may, unless other provision is specially made therefor, be recovered and enforced with costs on summary conviction before a Justice of the Peace.

1953-55-335.

  Section 336 BEFORE amended by 2022-15-62 and 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Expense may be recovered from defaulter

336.   Whenever the Council is empowered to require any person to do any matter or thing and if he defaults, to have the matter or thing done and charge the person so defaulting with the expense incurred, the Council shall have power to procure the matter or thing to be done and to authorize workmen and others to enter any premises for the purpose of doing so, and thereafter may

(a) recover the expense so incurred as a debt due the city in any Court of competent jurisdiction; or

(b) if such person appears by the Collector's roll to be the owner, or owner under agreement, of a parcel of real property in respect of which the default occurs, direct that the amount of the expense so incurred (after certification by the Director of Finance) be inserted in the real-property tax roll as a charge imposed with respect to such parcel.

1953-55-336; 1965-68-29.

  Section 336 BEFORE re-enacted by 2023-16-33, effective May 11, 2023 (Royal Assent).

Expense may be recovered from defaulter

336.   Whenever the Council is empowered to require any person to do any matter or thing and if the person defaults, to have the matter or thing done and charge the person so defaulting with the expense incurred, the Council shall have power to procure the matter or thing to be done and to authorize workers and others to enter any premises for the purpose of doing so, and thereafter may

(a) recover the expense so incurred as a debt due the city in any Court of competent jurisdiction; or

(b) if such person appears by the Collector's roll to be the owner, or owner under agreement, of a parcel of real property in respect of which the default occurs, direct that the amount of the expense so incurred (after certification by the Director of Finance) be inserted in the real-property tax roll as a charge imposed with respect to such parcel.

1953-55-336; 1965-68-29; 2022-15-62; 2022-15-73,Sch 1.

  Section 336D (3) BEFORE amended by 2004-66-165(a), effective January 20, 2005 (BC Reg 16/2005).

(3)  Where the Registrar of Land Titles receives a notice under subsection (2) he shall, on payment of the prescribed fee, make a note of the filing against the title to the land that is affected by the notice.

  Section 336D (5) (a) BEFORE amended by 2004-66-165(b), effective January 20, 2005 (BC Reg 16/2005).

(a) the Registrar is not liable nor is the Crown liable vicariously, and

  Section 336D (5) (a.1) was added by 2004-66-165(c), effective January 20, 2005 (BC Reg 16/2005).

  Section 336D (5) (b) BEFORE amended by 2004-66-165(d), effective January 20, 2005 (BC Reg 16/2005).

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

  Section 336D BEFORE amended by 2022-15-73,Sch 1, 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Note on title about building that is unsafe or contravenes by-law

336D.   (1) Where, during the course of carrying out his duties, the City Building Inspector observes a condition, with respect to land or a building or structure, that he considers

(a) to be a contravention of a by-law or regulation relating to the construction or safety of buildings or structures, or

(b) as a result of that condition, a building or structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or

(c) the contravention is of a nature that a purchaser, unaware of the contravention, would suffer a significant loss or expense if the by-law were enforced against him

he may, in addition to any other action that he is authorized or permitted to take, recommend to Council that a resolution under subsection (2) be considered.

(2) A recommendation under subsection (1) shall be given to the City Clerk in writing and the City Clerk shall, after notifying the registered owner of the land with respect to which the recommendation relates, place the matter before the Council. After hearing the City Building Inspector and the owner, if he elects to be heard, the Council may confirm the recommendation of the City Building Inspector and may pass a resolution directing the City Clerk to file a notice in the land title office stating that

(a) a resolution relating to that land has been made under this section, and

(b) further information respecting it may be inspected at the offices of the City Clerk

and the City Clerk shall ensure that all records are available for that purpose.

(3) Where the Registrar of Land Titles receives a notice under subsection (2) he shall, on payment of the fees payable under the Land Title Act, make a note of the filing against the title to the land that is affected by the notice.

(4) The City Clerk shall, on receiving a report from a building inspector that the condition that gave rise to the filing of the notice under subsection (2) has been rectified, file a cancellation notice in the land title office, and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related.

(5) In the event of any omission, mistake or misfeasance by the Registrar or his employees in relation to the making of a note of the filing under subsection (3) after the notice is received by the land title office

(a) the Registrar is not liable and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,

(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and

(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.

(6) An owner of land with respect to which a notice has been filed under this section may apply to the Council for a resolution that the note be cancelled, and the Council may, after considering the application, pass a resolution directing the City Clerk to file a cancellation notice.

(7) Where a resolution has been passed under subsection (6), the City Clerk shall file a cancellation notice in the land title office and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related.

(8) Where the Council does not pass a resolution under subsection (6), the owner may apply to the Supreme Court and notify the city to attend before the Court to show cause why the note should not be cancelled, and the Court may, after reviewing any evidence that the owner and city may adduce, make an order directing the Registrar to cancel the note made under subsection (3) and the Registrar shall, on receiving the order, cancel the note accordingly.

(9) The note of a filing of a notice under this section is extinguished when a new title to the land issues in consequence of the deposit of a plan of subdivision or a strata plan.

1987-52-28; 2004-66-165.

  Part XIX, section 338 BEFORE re-enacted by 2012-29-51(b), effective May 30, 2013 (BC Reg 170/2013).

Part XIX — Vancouver Athletic Commission

 Commission may be established

338.  The Council may make by-laws establishing and appointing annually a board of not more than five members to be known as the "Vancouver Athletic Commission" who, subject to clause (l), shall serve without remuneration, and for providing that such board shall have power within the city

To regulate boxing and wrestling

(a) to regulate and supervise professional boxing, kick-boxing and wrestling contests and exhibitions;

Fees may be imposed

(b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the board's proper expenses, to require persons conducting such contests or exhibitions to pay to the board a fee, to be fixed by the Council, in respect of each such contest or exhibition;

Commission may make rules

(c) to specify equipment and rules for the conduct of professional boxing and wrestling and any other professional contests within the jurisdiction of the board;

Issue permits to promoters

(d) to issue permits to persons conducting professional contests or exhibitions as a condition of their being held;

To participants

(e) to issue permits to boxers, wrestlers, and other participants in professional contests or exhibitions as a condition of their participating therein;

(f) to empower the board before issuing any permit to require the applicant to give such security as the board may determine for the faithful performance of his obligations as specified by the board. The security so given may be enforced by and in the name of the board for the benefit of all persons entitled to claim thereunder;

Pass upon contracts

(g) to pass upon and approve contracts for such contests or exhibitions as a condition of their being held;

May discipline participants

(h) to investigate the conduct of any participants in such contests or exhibitions or of persons conducting the same, and particularly with respect to any alleged breach of the by-law or rules made thereunder, with power by way of punishment to impose reasonable fines for misconduct, or to prevent such participants or persons from taking part in any contests or exhibitions in the city for reasonable periods;

Decisions appealable to Council

(i) to provide that the decision of the board with respect to the granting or refusal of any permit or any other matters within its jurisdiction shall be final, subject to an appeal to the Council;

Permit required

(j) to prevent any person from participating in or conducting any such contest or exhibition, or from advertising the same, unless he has been granted a permit for the purpose;

Remedy by injunction

(k) whether or not any penalty has been imposed, to restrain any person conducting any such contest or exhibition or participating therein without the specified permit, by action in the Supreme Court brought by the board in its name without the Crown or the Attorney-General or any other officer of the Crown being made a party to such action;

Appointment of secretary

(l) to appoint and remunerate a member of the board or some other person to be secretary of the board, with such duties as the board may prescribe.

1953-55-338; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1984-32-12; 2000-7-260.

  Section 351 (1) BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

(1) On satisfactory evidence being produced to the assessor that a parcel of land on which taxes are due has been subdivided by a duly registered plan of subdivision, or that part of any other parcel of land on which taxes are due has been sold and a deed executed and delivered to the purchaser, the assessor may by certificate under his hand apportion the assessment and the Collector may apportion the taxes as between the several parts of the subdivided parcel shown on the plan or as between the part of the other parcel so sold and conveyed and the remainder of the parcel.

  Section 372 BEFORE amended by 2003-66-59, effective March 12, 2004 (BC Reg 96/2004).

372.  In each year as soon as possible after a property assessment review panel appointed under the Assessment Act has finally passed the real-property assessment roll, the Council shall consider the report submitted by the Director of Finance pursuant to section 219, and shall cause to be prepared and shall adopt the estimates for the current year. The estimates so adopted shall show the anticipated revenues of the city from every source and the anticipated expenditure for that year.

1953-55-372; 1965-68-29; 1998-22-31.

  Section 373 BEFORE re-enacted by 2007-24-47, effective May 31, 2007 (Royal Assent).

 Rating by-law

373.  As soon as the estimates for the year have been adopted, the Council shall pass a rating by-law based upon such estimates fixing, subject to the limitations herein provided, a rate of levy on every parcel of real property liable to taxation on the real-property assessment roll prepared pursuant to the Assessment Act to raise a sum by way of real-property taxes which, added to the estimated revenue of the city from other sources, will be sufficient to pay all debts and obligations of the city falling due within the year and not otherwise provided for.

1953-55-373; 1955-114-13; 1977-30-153, proclaimed effective September 30, 1977; 1978-41-26; 1992-70-32.

  Section 374.1 BEFORE amended by 2022-26-4, effective November 3, 2022 (Royal Assent).

Interpretation

374.1   In sections 374.2 to 374.5 "property class" means a class of property prescribed under section 19 (14) of the Assessment Act.

1992-70-34; 1997-25-187.

  Section 374.4 (4) (b) BEFORE amended by 2007-13-66, effective September 24, 2007 (BC Reg 292/2007).

(b) before January 1 of the year in which the by-law is to take effect, notice of intent to consider the by-law is provided to the assessment commissioner;

  Section 374.4 (4) (c) BEFORE amended by 2010-6-129, effective June 3, 2010 (Royal Assent).

(c) after January 1 of the year in which the by-law is to take effect and at least 2 weeks before the adoption of the by-law, a notice that

(i)  contains the prescribed information, and

(ii)  describes the estimated effect of the by-law on the taxation of sample properties within the city

is published in 2 consecutive issues of a newspaper;

  Section 374.4 (2) description of "averaged land value" BEFORE amended by 2013-4-7(a), effective April 1, 2013.

averaged land value = the average of the assessed value of the land in the current year and the 2 preceding years;

  Section 374.4 (4) (e) BEFORE amended by 2013-4-7(b), effective April 1, 2013.

(e) the by-law establishes a procedure to allow property owners to complain to the Council, sitting as a Court of Revision, about errors made in applying the by-law to their property.

  Section 374.4 (5), (7) BEFORE amended by 2013-4-7(c), effective April 1, 2013.

(5)  Subject to any regulation made under subsection (11), a by-law under this section may

(7)  If the Council adopts a by-law under this section, the following rules apply:

  Section 374.4 (8) (b) BEFORE amended by 2013-4-7(c), effective April 1, 2013.

(b) the Council adopts a by-law under this section,

  Section 374.4 (11) (a) BEFORE amended by 2013-4-7(c), effective April 1, 2013.

(a) restricting the property classes to which a by-law under this section may apply;

  Section 374.4 (10) BEFORE amended by 2013-4-7(d), effective April 1, 2013.

(10)  On the initiative of the Collector of Taxes or on the request of an owner who is notified under section 403 of adjustments to the net taxable value of the owner's property, the Collector of Taxes may correct errors made in applying the by-law to any property.

  Section 374.4 (11) (c) BEFORE amended by 2013-4-7(e), effective April 1, 2013.

(c) governing the way in which the averaging formula in subsection (2) or the phasing formula in subsection (3) may be modified to exempt from the by-law or govern the application of the by-law to particular types of property referred to in subsection (6);

  Section 374.4 (12) and (13) were added by 2013-4-7(f), effective April 1, 2013.

  Section 374.4 (7) (a) (v) BEFORE amended by 2013-4-8, effective March 14, 2013 (Royal Assent).

(v)  section 14 of the British Columbia Transit Act;

  Section 374.4 (7) (a) (i) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(i) section 805.1 of the Local Government Act;

  Section 374.4 (7) (a) (ii) BEFORE amended by 2018-4-104, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(ii) sections 119 and 137 of the School Act;

  Section 374.4 (1) BEFORE amended by 2019-7-88(a), effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].

(1) Instead of levying rates on the assessed value of land and improvements, the Council may, by by-law, levy the rates under subsection (2) or (3).

  Section 374.4 (1.1) was added by 2019-7-88(b), effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].

  Section 374.4 (7) (a) (ii) BEFORE amended by 2019-7-88(c), effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].

(ii) sections 119, 120.1 and 137 of the School Act;

  Section 374.6 was enacted by 2022-26-5, effective November 3, 2022 (Royal Assent).

  Section 376.1 (3) and (4) BEFORE amended by 2022-15-63, effective June 2, 2022 (Royal Assent).

(3) The Council, sitting as a Court of Revision, may hear complaints about the residential flat rate tax roll and shall fix the date and place for the hearing.

(4) At least 2 weeks before the date fixed for the Court of Revision, the Collector of Taxes shall mail to each owner named in the residential flat rate tax roll, a notice containing

(a) the particulars on the roll relating to that owner's property, and

(b) the time and place fixed for hearing complaints.

  Section 395A (4), (5) and (6) BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

(4) If the owner of land which is covered by such an agreement sells the land, he shall be liable to the city either for one-half of the amount by which the sale price exceeds the actual value as set out in the agreement pursuant to subsection (3) or for the sum calculated under subsection (6), whichever is the greater amount.

(5) If the owner of land which is covered by such an agreement sells part only of the land, he is liable to the city for an amount equal to

(a) the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum; and

(b) one-half the difference between

(i) the sale price of the land being sold where the sale price exceeds the amount determined under paragraph (ii); and

(ii) the amount that bears the same proportion to the actual value of the land covered by the agreement that the area of the land sold bears to all the land covered by the agreement.

(6) If the owner of land covered by such an agreement allows the land or any part thereof to be used for any purpose other than a golf course, he is liable for and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes on the whole of the land that would have been paid but for the agreement together with accrued interest on the difference compounded annually at six per centum, and the agreement shall be terminated with respect to the land the use of which has changed.

  Section 396 (1) (e.2) was added by 2002-63-25, effective December 31, 2002.

  Section 396 (1) (e) BEFORE amended by 2003-3-51, effective December 31, 2003.

(e) Sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminators:

  Section 396 (4) definition of "final determination under the Assessment Act" BEFORE amended by 2003-66-60, effective March 12, 2004 (BC Reg 96/2004).

"final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by supplementary assessment roll, by correction of a property assessment review panel, on complaint to a property assessment review panel or on further appeal;

  Section 396 (1) (c) (i) BEFORE amended by 2004-34-20(a), effective May 13, 2004 (Royal Assent).

(i)  of which an incorporated charitable institution is the registered owner or owner under agreement, either directly or through trustees therefor, and which is in actual occupation by such institution and is wholly in use for charitable purposes;

  Section 396 (7) was added by 2004-34-20(b), effective May 13, 2004 (Royal Assent).

  Section 396 (5) (b) (iii) BEFORE amended by 2004-35-93, effective July 4, 2004 (BC Reg 274/2004).

(iii)  for a cemetery under subsection (1) (c) (i),

  Section 396 (5) (a) (i.1) was added by 2007-6-45, effective March 29, 2007 (Royal Assent).

  Section 396 (3) (a) BEFORE amended by 2007-13-67, effective September 24, 2007 (BC Reg 292/2007).

(a) the portion that the assessment commissioner, in his or her discretion, determines is attributable to the use of pollution abatement for that taxation year, subject to final determination under the Assessment Act;

  Section 396. (1) (c) (iii) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(iii)  of which a hospital receiving aid under the Hospital Act is the registered owner, or owner under agreement, either directly or through trustees therefor, and which is in actual occupation by such hospital and is wholly in use for the purposes of the hospital or which is held by the hospital for future use as a hospital-site and the same has been designated by the Minister of Health to be exempt from taxation;

  Section 396 (1) (g) BEFORE amended by 2010-21-38, effective July 30, 2010 (BC Reg 243/2010).

(g) Notwithstanding paragraph (c) (i), real property of an incorporated charitable institution which is used for senior citizens' housing or a community care facility, and which receives or has received grants or assistance pursuant to any Provincial or federal legislation, shall only be exempt if it is so provided by by-law.

  Section 396 (1) (h) and (i) were added by 2012-2-13(a), effective September 1, 2012 (BC Reg 138/2012).

  Section 396 (4) definition of "farm land" was added by 2012-2-13(b), effective September 1, 2012 (BC Reg 138/2012).

  Section 396 (5) (b) BEFORE amended by 2012-2-13(c), effective September 1, 2012 (BC Reg 138/2012).

(b) exemptions

(i)  under subsection (1) (b),

(ii)  for a library under subsection (1) (c) (i),

(iii)  for a cemetery, mausoleum or columbarium under subsection (1) (c) (i),

(iv)  for senior citizens' housing under subsection (1) (c) (i) or (g),

(v)  under subsection (1) (c) (ii), or

(vi)  under subsection (1) (c) (iv)

  Section 396 (5) (a) (i.1) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.

(i.1)  energy utility system charges under section 300.1 (3) (f);

  Section 396 (5) (b) (iii) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.

(iii)  for a cemetery, mausoleum or columbarium under subsection (1) (c) (i);

  Section 396 (1) (a) BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

(a) Crown lands; provided, however, that the right or interest of an occupier of Crown lands, not holding in an official capacity, shall be liable to taxation, and he shall be personally liable therefor as if he were the owner of such real property, but the property shall not be subject to lien under section 414 nor subject to tax sale under section 422:

  Section 396 (1) (d) BEFORE amended by 2023-37-207, effective November 8, 2023 (Royal Assent).

(d) An improvement designed, constructed, or installed for the purpose of providing emergency protection for persons or domestic animals in the event of a disaster or emergency within the meaning of those terms as used in the Emergency Program Act:

  Section 396A (4) (a) BEFORE amended by 2010-6-130, effective June 3, 2010 (Royal Assent).

(a) at least 30 days before adopting the by-law, a notice is published in at least 2 issues of a newspaper circulating in the city

  Section 396C (5) (a) BEFORE amended by 2010-6-131, effective June 3, 2010 (Royal Assent).

(a) at least 30 days before adopting the by-law, a notice is published in at least 2 issues of a newspaper circulating in the city

  Section 396E was enacted by 2007-24-48, effective May 31, 2007 (Royal Assent).

  Section 396E (7) (a) BEFORE amended by 2010-6-132, effective June 3, 2010 (Royal Assent).

(a) be published in a newspaper once each week for 2 consecutive weeks, and

  Section 396F was enacted by 2010-21-39, effective July 30, 2010 (BC Reg 243/2010).

  Section 397 (3) BEFORE amended by 2021-18-83, effective June 17, 2021 (Royal Assent).

(3) Where the assessment roll is completed before the transfer, sale, or lease comes to the attention of the assessor, he shall

(a) give a notice of assessment to the transferee, purchaser, lessee, or other person who, but for the exemption, would have been liable to taxation, and

(b) assess the property on a supplementary assessment roll.

  Section 399 BEFORE amended by 2023-16-34, effective May 11, 2023 (Royal Assent).

Exemption from business tax

399.   None of the several companies aforesaid shall be required to pay the business tax in respect of any premises occupied or used by it solely for the purposes of the generation, transformation, or distribution of electric light, electric power, or gas or for the purposes of telephonic communication, or to pay licence fees other than those payable pursuant to clause (e) of section 272. Nothing herein shall relieve the said companies, or any of them, from liability to pay the business tax in respect of the offices and premises, other than those aforesaid, occupied or used by them.

1953-55-399; 1973-93-19.

  Section 399.1 was enacted by 2013-4-9, effective March 14, 2013 (Royal Assent).

  Section 401 (2) BEFORE amended by 2007-13-68, effective September 24, 2007 (BC Reg 292/2007).

(2)  Notwithstanding subsection (1) (b) and (c), where the Collector is advised by the Assessment Commissioner of a change in the name or address of a person entered in the assessment roll, he shall enter the change in the real-property tax roll.

  Section 401 BEFORE re-enacted by 2013-4-10, effective March 14, 2013 (Royal Assent).

 Its contents

401.  (1)  The Collector shall cause to be entered in the real-property tax roll the following, and such other particulars as the Council shall direct, with respect to each parcel appearing on the real-property assessment roll as being liable to taxation: —

(a) A short description of the parcel as it appears on such assessment roll:

(b) The name of the person entered in such assessment roll with respect to such parcel, showing whether he is owner, owner under agreement, or occupier:

(c) His address taken from such assessment roll; provided that where such person has, in writing, authorized an address other than that on the assessment roll, the Collector shall substitute that address on the real-property tax roll until written notice of the termination of such authority has been given to him:

(d) The assessed value of the land as it appears in the assessment roll, exclusive of exemptions, if any:

(e) The assessed value of the improvements, if any, as it appears in the assessment roll, exclusive of exemptions, if any:

(f) The real-property taxes for the year as levied by the rating by-law, to the extent that the parcel is not exempt as shown by such assessment roll or otherwise:

(g) Any charge imposed pursuant to this Act, other than real-property taxes levied by a rating by-law:

(h) Any delinquent real-property taxes.

(2)  Notwithstanding subsection (1) (b) and (c), where the Collector is advised by the British Columbia Assessment Authority of a change in the name or address of a person entered in the assessment roll, he shall enter the change in the real-property tax roll.

1953-55-401; 1977-30-159A, proclaimed effective September 30, 1977; 2007-13-68.

  Section 401A (3) BEFORE amended by 2013-4-11, effective March 14, 2013 (Royal Assent).

(3)  Taxes resulting from an entry on a supplementary roll are due and payable 30 days after notice of the tax payable has been sent to the assessed owner and notwithstanding any provision of this Act, no penalty or interest shall be added in that period. Any taxes unpaid after the time provided in this subsection shall be subject to the penalties and interest provided for in this Act.

  Section 402 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Collector to have custody

402.   The real-property tax rolls of the city shall, unless otherwise ordered by competent authority, at all times remain in the custody of the Collector, and he shall be responsible for their safe-keeping.

1953-55-402.

  Section 403 (1) BEFORE amended by 2013-4-12, effective March 14, 2013 (Royal Assent).

(1)  Upon completion of the real-property tax roll, the Collector shall proceed to collect the taxes and charges appearing thereon with respect to each parcel from the persons liable therefor, and shall with due dispatch cause to be mailed to each person whose name is required to be entered on such tax roll and by whom the real-property taxes in respect of such parcel are payable, at the address appearing on the tax roll, a tax statement in the like form as is prescribed by the Local Government Act.

  Section 403 (1.1) was added by 2013-4-12, effective March 14, 2013 (Royal Assent).

  Section 405 BEFORE re-enacted by 2013-4-13, effective March 14, 2013 (Royal Assent).

 Copies may be had

405.  Any person who applies in writing to the Collector for a copy of a tax statement shall be entitled to such copy on payment of a fee of twenty-five cents for each parcel, or such other amount as the Council shall determine.

1953-55-405.

  Section 409 (1) BEFORE amended by 2007-6-46, effective March 29, 2007 (Royal Assent).

(1)  A charge or levy imposed under section 300, 302 or 303, or any other charge or levy lawfully inserted in the real-property tax roll,

  Section 413 BEFORE amended by 2022-15-64, effective June 2, 2022 (Royal Assent).

Persons liable for taxes

413.   Real-property taxes levied on any real property shall, subject to any lawful exemptions, be payable by the person whose name appears as owner thereof on the real-property tax roll prepared pursuant to the provisions of this Act, except that if the name of some other person appears thereon as owner under agreement of such real property, the taxes shall be payable by such owner under agreement, and if the real property is Crown lands, the taxes shall be payable in respect of his right or interest by the occupier whose name appears on the roll as such.

1953-55-413.

  Section 421A (b) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).

(b) of the Board of School Trustees of School District No. 39 (Vancouver) for the collection of school referendum taxes levied by the school board under the School Act.

  Section 421B (2.1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

(2.1)  The Council shall pay to the Minister of Finance and Corporate Relations the amount of school taxes imposed in accordance with the requisition of the Province under section 119 of the School Act.

  Section 421B (2.1) BEFORE amended by 2018-4-105, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(2.1) The Council shall pay to the Minister of Finance the amount of school taxes imposed in accordance with the requisition of the Province under section 119 of the School Act.

  Section 424 BEFORE amended by 2010-6-133, effective June 3, 2010 (Royal Assent).

 Notice of sale

424.  During the month of October preceding the sale, the Collector shall cause general notice thereof to be advertised in three issues of a daily newspaper published in the city and in one issue of the Gazette.

1953-55-424.

  Section 428 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Reoffer of parcel

428.   If the Collector so directs, and as often as he directs, any parcel of which the city has been declared to be the purchaser shall, while the sale continues, be again put up for sale on the same conditions as before.

1953-55-428.

  Section 432 (part) BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

Its contents

432.   The certificate of purchase shall be signed by the Collector, or some person authorized by him for the purpose, and shall show

  Section 434 BEFORE amended by 2022-15-65, effective June 2, 2022 (Royal Assent).

Mode of transfer

434.   A purchaser other than the city may, at any time before the Collector makes application under section 440, transfer his certificate of purchase by assignment in writing, executed, attested, and acknowledged in like manner as an instrument required to be registered under the Land Title Act. Upon receipt of such assignment, together with the certificate of purchase and a statement on behalf of the transferee containing the information and authority required under section 431, the Collector shall alter his records accordingly, and thereafter the transferee shall be deemed to be the purchaser in lieu of the transferor.

1953-55-434; 1978-25-332, proclaimed effective October 31, 1979; 1997-25-195.

  Section 437 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Mode of redemption

437.   The owner of the parcel sold, or any person having an interest therein, or any person on behalf of either of them, may, at any time within one year from the day on which the sale began, but not afterwards, redeem the parcel so sold by paying or tendering to the Collector for the use and benefit of the purchaser, or his legal representative, the sums paid by such purchaser, together with interest at six per centum per annum and, in addition for the use and benefit of the city if the parcel is redeemed after the first day of October, any taxes which are delinquent for more than two years, with interest thereon; and the Collector shall thereupon give such owner or other person a receipt showing the amount paid, the description of the parcel, and a statement that the parcel has been redeemed.

1953-55-437.

  Section 439 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Demand to be sent

439.   If any parcel purchased by someone other than the city remains unredeemed at the expiration of the time for redemption, the Collector shall forthwith cause to be mailed to the purchaser thereof by registered post at the address shown in his certificate of purchase a demand for the payment of

(a) the balance of the purchase-money, if any, in respect of such parcel;

(b) all taxes on such parcel which are delinquent at the date of the demand, together with interest thereon.

1953-55-439.

  Section 445 BEFORE re-enacted by 2013-4-14, effective March 14, 2013 (Royal Assent).

 Manifest errors

445.  If during the period of redemption the Council is satisfied that any manifest error has taken place in the sale or in the proceedings prior thereto, the Council may, by resolution and after notice to the purchaser, provide that the purchase price be returned to the purchaser with interest at six per centum per annum, and that the taxes as they appeared on the real-property tax roll prior to the sale be restored to the roll, and thereafter such taxes shall be deemed to be delinquent taxes.

1953-55-445.

  Section 446 (part) BEFORE amended by 2004-66-166, effective January 20, 2005 (BC Reg 16/2005).

446.  After the period of redemption has expired, no action shall be brought or proceedings commenced against the city, or the Registrar of Land Titles, or the Attorney-General under the Land Title Act, or the Collector, or the auctioneer, with respect to any parcel purporting to have been sold for real-property taxes under the provisions of this Act, except that an action for damages may be brought against the city only upon the following grounds, and no other: —

  Section 447 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Notice vitiates claim

447.   No damages shall be awarded in such action if it appears that the plaintiff, or the person through whom he claims, was aware during the period of redemption that the parcel had purported to have been sold under the provisions of this Act.

1953-55-447.

  Section 451 BEFORE amended by 2022-15-73,Sch 1, 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Mode of recovering parcel from defaulting owner

451.   (1) If the city as purchaser at a tax sale becomes the registered owner of a parcel and subsequently enters into an agreement to sell such parcel, and if the purchaser under such agreement makes default in the payment of principal, interest, taxes, or other charges due thereunder, the city need not bring an action to enforce its rights but may instead, if the Council by resolution so directs, cause notice to be given to the purchaser in writing at the address given in the agreement referring to this section and demanding payment of the amount in default to the city within ninety days from the giving of the notice and warning the purchaser that upon his failure to remedy the default within the said ninety days, he and those claiming under or through him will forfeit any interest in the said parcel, together with any sums theretofore paid to the city under the agreement. If the purchaser fails to remedy the default within the said period of ninety days, all the right, title, and interest of the purchaser under the agreement, and all those claiming under or through him, shall, at the expiration of such period, absolutely cease and determine, and the parcel shall immediately become revested in the city, free from all claims by the purchaser, or anyone claiming under or through him, and, notwithstanding any Statute or rule of law or equity to the contrary, all payments made to the city under the said agreement shall be forfeited to the city. The city may file with the Registrar of Land Titles a statutory declaration proving such resolution, the giving of the notice, and the continued default, and thereupon the Registrar shall cancel any charge or encumbrance registered against the parcel in respect of the agreement.

(2) Where any parcel becomes revested in the city under subsection (1), the city may cause notice to be given to any occupant of such parcel requiring him to vacate forthwith and giving to him four weeks' notice of the city's intention to sue out a writ of possession of such parcel in the Supreme Court of British Columbia, and unless within such four weeks the occupant vacates the parcel or registers a certificate of pending litigation against the parcel, the city shall, without any order for that purpose, be entitled to sue out such writ of possession on filing with the District Registrar of the Court an affidavit proving service of the notice and failure to vacate.

1953-55-451; 1992-55-2; 1997-25-200.

  Section 452 BEFORE amended by 2022-15-75,Sch 3 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Note: Amendments from 2022-15-66 are inoperable.

Surplus in hands of Collector

452.   If the purchaser of a parcel at a tax sale completes his purchase by paying to the Collector a sum in excess of the upset price, together with the delinquent taxes and interest required of him under section 439, the owner, or owner under agreement, at the expiration of the period of redemption, or such other person as may be legally entitled to it, may claim such excess from the city. To the person establishing his claim to the satisfaction of the Collector, the city shall pay the excess.

1953-55-452.

  Section 453 BEFORE amended by 2022-15-73,Sch 1 and 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Action may be taken

453.   If a claimant fails to establish his claim to the satisfaction of the Collector, he may bring an action against the city in respect thereof in any Court of competent jurisdiction.

1953-55-453.

  Section 454 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Period of limitation

454.   Any such excess shall belong absolutely to the city, if, within six years after the expiration of the time for redemption of the parcel in respect of which it was paid, no person has established his claim to the satisfaction of the Collector, and no action in respect thereof has been brought against the city.

1953-55-454.

  Section 455 definition of "business promotion scheme", paragraph (b.01) was added by 2003-15-19, effective March 27, 2003 (Royal Assent).

  Section 474.1 definition of "Park Board" BEFORE repealed by 2014-19-171, effective May 29, 2014 (Royal Assent).

"Park Board" means the Board referred to in section 485.

  Sections 482.1 to 482.3 BEFORE re-enacted by 2007-6-47, effective August 1, 2007 (BC Reg 189/2007).

 Ticket offences under new procedure

482.1  (1)  The Council or the Park Board may, by bylaw,

(a) designate for the purpose of this section a bylaw that comes within a category of bylaws prescribed under section 482.3 (a),

(b) designate as a bylaw enforcement officer a person who comes within a class of persons prescribed under section 482.3 (b), and

(c) authorize the use of any word or expression on a ticket issued under subsection (2) to designate an offence against a bylaw.

(2)  If the Council or the Park Board has designated a by-law under subsection (1), a by-law enforcement officer may lay an information by means of a ticket for contravention of the by-law.

(3)  Notwithstanding section 13 (1) of the Offence Act, an information laid by means of a ticket is valid whether or not it is taken under oath.

(4)  When laying an information by means of a ticket, a bylaw enforcement officer shall indicate on the ticket the offence charged and shall sign the ticket.

(4.1)  The by-law enforcement officer must serve the ticket on the person alleged to have contravened the by-law.

(4.2)  Service of a ticket under subsection (4.1) may be effected by

(a) serving a copy of the ticket on the person alleged to have contravened the by-law immediately after the alleged contravention, or

(b) causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.

(4.3)  Service of a ticket under subsection (4.1) may be proved by

(a) the oral evidence given under oath of the person who served it, or

(b) the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.

(4.4)  The certificate referred to in subsection (4.3) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature.

(5)  The use on a ticket of

(a) any word or expression authorized by bylaw under subsection (1) (c) to designate an offence against a bylaw, or

(b) a general description of an offence against a bylaw,

shall be deemed sufficient for all purposes to describe the offence designated by that word or expression or general description.

(6)  If a fine set in accordance with subsection (10) is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,

(a) pay the fine indicated on the ticket to the Council or Park Board in accordance with the prescribed instructions, or

(b) dispute the allegation contained in the ticket by

(i)  delivering or having delivered to the address set out in the ticket a written notice of dispute, or

(ii)  appearing in person at the location set out in the ticket to give notice of dispute.

(6.1)  A notice of dispute under subsection (6) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.

(6.2)  For the purpose of subsection (6), a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed.

(7)  A person who pays a fine in accordance with subsection (6) shall be deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed.

(7.1)  If notice of dispute is given in accordance with subsection (6), the Council or the Park Board must refer the ticket to the Provincial Court for a hearing.

(8)  If a ticket is referred to the Provincial Court for a hearing under subsection (7.1), the clerk of the court must send to the person who was served with the ticket, by ordinary mail to the person's address set out in the notice of dispute, a notice of the hearing specifying a time and place for the appearance of the person before a justice.

(8.1)  If a person appears before a justice at the time and place specified in the notice of the hearing referred to in subsection (8), section 58 of the Offence Act does not apply to the person and the justice has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person.

(9)  Where a person who is served with a ticket

(a) has paid the fine in accordance with subsection (6), or

(b) has

(i)  appeared before a justice at the time and place specified in the notice of the hearing referred to in subsection (8), and

(ii)  pleaded guilty to or been found guilty of the offence with which the person was charged in the ticket,

no conviction need be drawn up or entered unless it is required by the person convicted or by a prosecutor or under the bylaw contravened.

(10)  For the purpose of subsection (6), after consultation with the chief judge of the Provincial Court the Council or the Park Board may by bylaw set a fine, not exceeding $500, for contravention of a bylaw.

(11)  Where a minimum or maximum fine is established by a bylaw, the fine set under subsection (10) shall be not less than the minimum or more than the maximum fine established by the bylaw.

(12)  If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in subsection (8), the person may, within 30 days after the date specified in the notice, appear before a justice for a determination of whether or not the failure to appear was the person's fault.

(13)  If a person appears before a justice under subsection (12) and the justice is satisfied by affidavit in the prescribed form that the failure to appear was not the person's fault, the justice must

(a) strike out the conviction, if any, and

(b) set a new time and place for the appearance of the person before a justice.

(14)  If a conviction is struck out under subsection (13), the justice must give the defendant a certificate of the fact in the prescribed form.

(15)  If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in subsection (8) or at a new time and place set under subsection (13), as the case may be, the person is deemed not to have disputed the charge.

(16)  If a person is deemed under subsection (15) not to have disputed the charge, a justice must examine the ticket and must,

(a) if the ticket is complete and regular on its face,

(i)  convict the person in the person's absence and without a hearing, and

(ii)  impose the fine set under subsection (10) for the offence charged, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(17)  Nothing in subsection (15) or (16) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.

1989-30-52; 1994-26-18; 1997-25-203.

 Failure to respond to ticket

482.2  (1)  If

(a) a person served with a ticket under section 482.1 does not, as provided for in that section, pay the fine or dispute the charge, and

(b) at least 14 days have elapsed after the ticket was served on the person,

the person is deemed not to have disputed the charge.

(2)  Where a person is deemed under subsection (1) not to have disputed the charge, a justice, on being satisfied that the conditions set out in that subsection have been met, must examine the ticket and must,

(a) if the ticket is complete and regular on its face,

(i)  convict the person in the person's absence and without a hearing, and

(ii)  impose the fine set under section 482.1 (10) for the offence charged, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(2.1)  The conditions set out in subsection (1) may be proved to the satisfaction of the justice by oral evidence given under oath or by affidavit in the prescribed form.

(3)  If a person who is served with a ticket has, through no fault of that person, not had an opportunity to dispute the charge and if not more than 30 days have elapsed since the expiry of the period referred to in section 482.1 (6), the person may appear before a justice.

(4)  If a person appears before a justice under subsection (3), the justice, on being satisfied of the facts by affidavit in the prescribed form, must strike out the conviction, if any, and allow the person 14 days after the date on which the conviction is struck to dispute the charge in accordance with section 482.1 (6).

(5)  Where a conviction is struck out under subsection (4), the justice shall give the defendant a certificate of the fact in the prescribed form.

(6)  Nothing in subsection (1) shall be construed as abrogating the right of any person to appeal the conviction under section 102 of the Offence Act.

1989-30-52; 1994-26-19; 1997-25-204.

 Regulations

482.3  The Lieutenant Governor in Council may make regulations

(a) prescribing, by reference to their subject matter or otherwise, categories of bylaws for the purpose of section 482.1 (1) (a),

(b) prescribing classes of persons for the purpose of section 482.1 (1) (b),

(b.1) prescribing the form of a certificate of service for the purpose of section 482.1 (4.3),

(b.2) prescribing instructions for paying a fine for the purpose of section 482.1 (6) (a),

(b.3) prescribing the form of affidavits for the purposes of section 482.1 (13) and section 482.2 (2.1) and (4),

(c) prescribing the form and content of the tickets issued under section 482.1, and

(d) prescribing the form of a certificate under sections 482.1 (14) and 482.2 (5).

1989-30-52; 1994-26-20.

  Section 482.2 (2) (a) BEFORE amended by 2021-30-56,Sch 2, effective November 25, 2021 (Royal Assent).

(a) is paid on or before the 30th day from the date on which the ticket is served under section 482.3, or

  Sections 482.4 to 482.9 were enacted by 2007-6-47, effective August 1, 2007 (BC Reg 189/2007).

  Section 482.6 (4) (part) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(4)  Despite section 60 of the Offence Act but subject to the Rules of Court, a justice hearing the trial on a ticket may

  Section 482.91 was enacted by 2007-6-47, effective August 1, 2007 (BC Reg 189/2007).

  Section 483 (3) and (4) BEFORE amended by 2006-3-29, effective March 28, 2006 (Royal Assent).

(3)  Where the property is a perishable article or its custody involves unreasonable expense or inconvenience, it may be sold at any time, but the proceeds of the sale shall not be disposed of other than to the lawful owner until they have remained in the possession of the city for a year.

(4)  In any other case the property shall not be sold until it has remained in the possession of the police for at least 6 months.

  Section 484 (b) BEFORE amended by 2002-40-64, effective September 30, 2002 (BC Reg 263/2002).

(b) the minister under the BC Benefits (Income Assistance) Act to the extent they are not recovered from the deceased's estate.

  Section 484 BEFORE repealed by 2004-35-94, effective July 4, 2004 (BC Reg 274/2004).

 Burial of unclaimed body

484.  It shall be the duty of the city to bury any unclaimed human body found dead within the city limits, but the city may recover the burial expenses from

(a) the deceased's estate, or

(b) the minister under the Employment and Assistance Act to the extent they are not recovered from the deceased's estate.

1996-6-55.

  Section 486 (5) BEFORE amended by 2003-52-513, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(5)  Sections 141, 142, 142.1 and 142.2 apply to members of the Board.

  Section 486 (3) BEFORE amended and (3.1) was added by 2014-19-172(a), effective May 29, 2014 (Royal Assent).

(3) Members of the Board shall take office by making an oath of office in accordance with section 140.

  Section 486 (5) BEFORE repealed by 2014-19-172(b), effective May 29, 2014 (Royal Assent).

(5) Sections 141 [circumstances in which a person is disqualified from office on Council], 142.1 [application to court for declaration of disqualification], 142.2 [status of person subject to an application] and 142.3 [costs of an application] apply in relation to members of the Board.

  Section 486A was enacted by 2003-52-514, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 486A BEFORE re-enacted by 2014-19-173, effective May 29, 2014 (Royal Assent).

Application of conflict of interest provisions

486A.   Sections 145.2 to 145.92 apply in relation to members of the Board.

2003-52-514.

  Section 486A (e) was added by 2022-15-67, effective June 2, 2022 (Royal Assent).

  Section 486B was enacted by 2021-30-54, effective June 13, 2022 (BC Reg 135/2022).

  Section 486C was enacted by 2022-15-68, effective June 2, 2022 (Royal Assent).

  Section 488 (6) and (8) BEFORE amended by 2023-16-35, effective May 11, 2023 (Royal Assent).

(6) Subject to the provisions of section 490, possession of, and exclusive jurisdiction and control of real property includes the authority to determine how such real property shall be used, what fees or rental charges shall be levied and, subject to sections 492 and 493, what improvements shall be made thereon, including the removal or demolition of any existing improvements.

(8) Fees and charges imposed under this section may be different for different classes of persons and activities.

  Section 491 was renumbered 491 (1) by 2009-22-85, effective October 29, 2009 (Royal Assent).

  Section 491 (1) (c) BEFORE amended by 2009-22-85, effective October 29, 2009 (Royal Assent).

Regulating signs

(c) the regulation of advertising or signs of any kind in any of the parks;

  Section 491 (2) was added by 2009-22-85, effective October 29, 2009 (Royal Assent).

  Section 491.1 was enacted by 2009-22-86, effective October 29, 2009 (Royal Assent).

  Section 495A was enacted by 2021-16-21, effective September 29, 2021 (BC Reg 237/2021).

  Section 496 BEFORE re-enacted by 2022-15-69, effective June 2, 2022 (Royal Assent).

Certain employees to have special powers

496.   Every warden, life-guard, patrolman, or watchman employed in the parks by the Board shall, while in the performance of his duties within the parks, be ex officio possessed of all the powers and authority of a police constable.

1953-55-496.

  Section 497A BEFORE amended by 2022-15-70, effective June 2, 2022 (Royal Assent).

Board's jurisdiction outside city

497A.   Notwithstanding anything contained in any other Act, the jurisdiction and powers of the Board of Parks and Recreation and of every warden, lifeguard, patrolman, or watchman employed by the Park Board shall extend to and be as valid and effectual within the boundaries of the public parks of the city and such other areas as are in the custody, care, and management of the Board, situate outside the boundaries of the city, as if such parks and other areas were situate within the city; provided that nothing herein contained shall be deemed to affect the exercise within the boundary of any such parks and other areas by any other authority, officer, or constable of any jurisdiction or power under any other Act.

1967-63-8; 1974-104-39.

  Section 499 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Mailing of notices

499.   For the purposes of this Part, a notice shall be deemed to be mailed to a person if it is mailed, addressed to such person at his actual place of residence or of business, if known, or at his address as it appears in the records kept by the Collector of Taxes.

1953-55-499; 1977-30-163, proclaimed effective September 30, 1977.

  Section 506 (1) and (2) BEFORE amended by 2003-66-58, effective March 12, 2004 (BC Reg 96/2004).

 By petition of owners

   (1)  By petition: If there has been filed with the City Clerk a sufficiently signed petition praying that a work, improvement, or service, claimed to be of special benefit to real property in a limited and determinable area designated in the petition, be undertaken and carried out. The petition shall be deemed to be sufficiently signed if at least two-thirds in number of the assessed owners as at the date of the filing, representing at least one-half the value according to the last revised real-property assessment roll of the parcels liable to be specially assessed, have signed the petition; or

 On initiative of Council

   (2)  On the initiative of the Council:

(a) If the Council, by resolution passed by at least two-thirds of all the members present, has declared that it is desirable that a work, improvement, or service which the Council deems will specially benefit the real property in a limited and determinable area designated in the resolution be undertaken and carried out; and

Provision for objections

(b) If, after notice of the Council's intention to undertake the project has been mailed to the assessed owners of the parcels liable to be specially assessed, a sufficient number of notices of objection to the project has not been filed with the City Clerk during the period of one month after the mailing of such notice. The notice so to be mailed shall be sufficient if it sets out in general terms

(i)  a description of the project;

(ii)  the designated area;

(iii)  the estimated total cost of the project and the city's share of the cost;

(iv)  the estimated annual rate per front foot or otherwise to the person notified;

(v)  the number of annual payments to be required.

A sufficient number of notices of objection to a project shall be deemed to be filed if at least more than one-half in number of the then assessed owners, representing at least more than one-half of the value according to the last revised real-property assessment roll, of the parcels liable to be specially assessed have, in writing, given notice to the City Clerk within the time above prescribed that they object to the project.

  Section 510 (2) (g) BEFORE amended by 2022-15-71(a), effective June 2, 2022 (Royal Assent).

(g) the time and place at which a Court of Revision will sit to hear complaints against the proposed special assessments:

  Section 510 (2) (h) was added by 2022-15-71(b), effective June 2, 2022 (Royal Assent).

  Section 512 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Provision for additions to roll

512.   Where it appears to the Court of Revision that any parcel which is not specially assessed should be specially assessed, the Court shall, before determining the matter, adjourn its sittings to a future day and cause notice to be mailed to the assessed owner of such parcel so that he may be heard. The notice shall be mailed at least ten days before the day fixed for the adjourned sittings. Whether the owner appears or not, if the Court of Revision decides that any such parcel ought to be specially assessed, the Court shall have power to fix the amount of the special assessment thereon.

1953-55-512.

  Section 514 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Roll not to be questioned

514.   The Collector of Taxes shall make such corrections in the special assessment roll as are necessary to give effect to the decisions of the Court of Revision and of the Judge, and thereupon he shall certify the roll. When so certified, the special assessments therein, subject to any proceedings theretofore taken, shall not be open to question in any Court, and any project undertaken by the Council which is based on such special assessments shall be deemed to have been lawfully undertaken in accordance with the provisions of this Part.

1953-55-514; 1974-114-17.

  Section 516 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Local improvement by-law

516.   The Council shall pass a local improvement by-law levying the taxes so apportioned to defray the property-owners' share of the cost of the project. In a schedule to the by-law there shall be set out the yearly payment apportioned as aforesaid with respect to each parcel. The schedule to the by-law need not be annexed thereto and, if not so annexed, it shall be embodied in the by-law by reference only. The schedule shall be captioned with reference to the by-law, certified by the Collector of Taxes, and deposited in his office during the currency of the by-law. The schedule so deposited shall be an integral part of the by-law as if expressly embodied therein.

1953-55-516; 1966-69-19; 1974-114-17.

  Section 523B (5) BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

(5) From any such assessment referred to in subsection (4), there shall be the right to appeal to the Council, and from the Council to a Judge of the Supreme Court. Such appeal shall be limited to the matters referred to in section 511 and shall be brought within one year of the final passing of such by-law, and the appeal to the said Judge shall be brought within fourteen days of the decision of the Council. Service of written notice of appeal on the City Clerk shall be deemed to be the bringing of an appeal. The said Judge may make such order in respect of such assessment and as to costs as he may deem advisable and equitable.

  Section 523D (10) (b) BEFORE amended by 2004-34-21(a), effective September 10, 2004 (BC Reg 407/2004).

(b) where a building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(i)  contain less than 4 self contained dwelling units, and

(ii)  be put to no other use other than the residential use in those dwelling units,

  Section 523D (10.1) was added by 2004-34-21(b), effective September 10, 2004 (BC Reg 407/2004).

  Section 523D (10.2) to (10.5) and (18.1) were added by 2008-23-36, effective May 29, 2008 (Royal Assent).

  Section 523D (10) (b.1) was added by 2008-23-35, effective October 1, 2008.

  Section 523D (17) BEFORE amended by 2010-6-135(a), effective June 3, 2010 (Royal Assent).

(17)  Except for money raised for purposes set forth in subsection (2.1), money in development cost levy reserve funds, together with interest, shall be used only to pay the costs of capital projects that relate directly or indirectly to the development or parcel in respect of which the levy was collected. Payments out of a development cost levy reserve fund shall be authorized by a resolution of Council, and one resolution may authorize a series of payments in respect of any capital project.

  Section 523D (17.01) was added by 2010-6-135(a), effective June 3, 2010 (Royal Assent).

  Section 523D (17.1) (c) was added by 2010-6-135(b), effective June 3, 2010 (Royal Assent).

  Section 523D (7) BEFORE amended by 2010-6-134(a), effective January 1, 2011.

(7)  The Council may, from time to time, by by-law, amend the amount of a development cost levy to reflect the changed costs of a proposed capital project or to provide for the effects of inflation.

  Section 523D (8) BEFORE amended by 2010-6-134(b), effective January 1, 2011.

(8)  Subject to subsection (9), a development cost levy imposed by this section shall be a condition of the issuance of a building permit and shall be paid at the time or times a building permit or permits are issued for the development or redevelopment of property in an area to which a by-law applies. For the purposes of this subsection, the Council may define what constitutes development or redevelopment of property, and may provide that, where a development takes place in stages, each stage shall be deemed to be part of the development.

  Section 523D (8.1) and (8.2) were added by 2010-6-134(d), effective January 1, 2011.

  Section 523D (8.2) BEFORE amended by 2014-14-48, effective May 29, 2014 (Royal Assent).

(8.2) If after

(a) an application for the issuance of a building permit authorizing the construction, alteration or extension of a building has been submitted to the designated official of the city in a form satisfactory to that designated official of the city, and

(b) the applicable fee has been paid

the Council adopts a by-law that imposes a development cost levy that would otherwise be applicable to that construction, alteration or extension of a building, the by-law has no effect with respect to that construction, alteration or extension of a building for a period of 12 months after the bylaw was adopted unless the applicant agrees in writing that the bylaw should have effect.

  Section 523D (8.3) was added by 2014-14-48, effective May 29, 2014 (Royal Assent).

  Section 523D (9) BEFORE amended by 2016-5-43,Sch 5 and 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).

(9) The Council may, in respect of all or different classes of developments, authorize the payment of development cost levies in installments, prescribe conditions under which the installments may be paid and provide that, where not paid, the installment shall be inserted in the real property tax roll as a charge imposed with respect to the parcel or parcels in relation to which the building permit was issued.

  Section 523D (10) (a) BEFORE amended by 2018-23-48, effective May 31, 2018 (Royal Assent).

(a) where a parcel of land is, or will be after construction, alteration or extension, exempt from taxation under section 396 (c) (iv),

  Section 523D (1) (a) BEFORE amended by 2023-46-10(a), effective November 30, 2023 (Royal Assent).

(a) constructing, altering, expanding or replacing sewage, water, drainage and highway facilities,

  Section 523D (1.1) and (1.2) were added by 2023-46-10(b), effective November 30, 2023 (Royal Assent).

  Part XXIV-B, sections 523E to 523R, was enacted by 2023-46-11, effective November 30, 2023 (Royal Assent).

  Section 530 BEFORE amended by 2022-15-73,Sch 1, effective June 2, 2022 (Royal Assent).

Procedure on application alleging corrupt practices, etc.

530.   Where the ground of the application is an alleged violation of a provision of section 123 or 124, either alone or in conjunction with any other ground, the Judge may hold an inquiry and examine witnesses under oath as to the alleged violation before deciding upon the application to quash. The Judge in such case may order that nothing shall be done under the by-law or resolution complained of until the application is disposed of, but if the application is not proceeded with to the satisfaction of the Judge, he may remove the stay of proceedings.

1953-55-530; 1993-54-79.

  Section 543 BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

Claim to be filed

543.   A claim by an owner for compensation for damage resulting from his real property being injuriously affected shall be filed with the City Clerk, giving particulars of the claim, within one year after the injury was sustained, or after it became known to such person, and if not so filed, the right to compensation shall be forever barred.

1953-55-543.

  Section 544 BEFORE amended by 2004-61-36, effective March 18, 2005 (BC Reg 95/2005).

544.  The amount, if any, of the compensation for damage for injurious affection, if not agreed upon, shall be determined, as at the date when the injurious affection first took place, by the Expropriation Compensation Board established under the Expropriation Act.

1953-55-544; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1987-23-124, effective December 24, 1987 (B.C. Reg. 451/87).

  Part XXVII, Division (1) heading was added by 2018-20-6, effective May 17, 2018 (Royal Assent).

  Section 559 definition of "heritage conservation area" was added by 2002-22-30, effective January 13, 2003 (BC Reg 379/2002).

  Section 559 definition of "greenhouse gas" was added by 2008-23-37, effective May 29, 2008 (Royal Assent).

  Section 559 definitions of "form of tenure", "housing cooperative", "residential rental tenure", "strata corporation" and "strata lot" were added by 2018-26-12, effective May 31, 2018 (Royal Assent).

  Section 559 definition of "greenhouse gas" BEFORE amended by 2018-32-5,Sch, effective November 9, 2018 (BC Reg 235/2018).

"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act;

  Section 559 definitions of "housing cooperative" and "strata corporation" BEFORE repealed by 2021-5-94, effective March 25, 2021 (Royal Assent).

"housing cooperative" has the same meaning as in section 1 of the Cooperative Association Act;

"strata corporation" has the same meaning as in section 1 of the Strata Property Act;

  Section 559 definition of "owner" BEFORE amended by 2022-15-76,Sch 4, effective June 2, 2022 (Royal Assent).

"owner" shall include the agent or representative of a person owning or in possession of real property or in receipt of the rents or profits therefrom whether on his own account or as agent or trustee for any other person;

  Section 559.01 was enacted by 2023-45-28, effective December 7, 2023 (BC Reg 264/2023).

  Part XXVII, Division (2) heading was added by 2018-20-7, effective May 17, 2018 (Royal Assent).

  Section 560A BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

Power of entry to inspect

560A.   The Director of Planning or anyone authorized by him shall have power to enter on to any land or into any building at any reasonable time for the purpose of inspecting such land or building in order to ascertain if the provisions of a zoning by-law are being or have been carried out.

1963-60-16.

  Section 561 (2) (c) (ii) BEFORE amended by 2002-22-31(a), effective January 13, 2003 (BC Reg 379/2002).

(ii)  sites for parks, schools and public buildings, and

  Section 561 (2) (c) (iii) BEFORE amended by 2002-22-31(b), effective January 13, 2003 (BC Reg 379/2002).

(iii)  areas for special projects, including projects that require development or redevelopment as a whole.

  Section 561 (2) (c) (iv) was added by 2002-22-31(c), effective January 13, 2003 (BC Reg 379/2002).

  Section 561 (4) (c) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(c) a regional context statement, consistent with the rest of the development plan, of how matters referred to in section 850 (2) (a) to (c) of the Local Government Act, and other matters dealt with in the development plan, apply in a regional context.

  Section 561 (5) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(5) To the extent that a development plan under this section deals with these matters, it should work towards the purpose and goals referred to in section 849 of the Local Government Act.

  Section 561 (3.1) was added by 2018-20-8, effective April 16, 2019 (BC Reg 91/2019).

  Section 561 (3.1) (a) and (b) BEFORE amended by 2023-45-29, effective November 30, 2023 (Royal Assent).

(a) when developing a development plan, or

(b) when amending a development plan in relation to housing policies under subsection (3).

  Section 561 (3.2) was added by 2023-48-14, effective December 7, 2023 (BC Reg 265/2023).

  Section 561A was enacted by 2020-1-14, effective March 5, 2020 (Royal Assent).

  Section 561B was enacted by 2020-1-14, effective March 5, 2020 (Royal Assent).

  Section 562 (3) and (4) were added by 2002-22-32, effective January 13, 2003 (BC Reg 379/2002).

  Section 562 (4) BEFORE amended by 2008-42-138, effective May 29, 2008 (Royal Assent).

(4)  Section 566 (3) to (5) [amendment or repeal of zoning by-law] applies in respect of a public hearing referred to in subsection (3).

  Section 562 (2) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).

(2) If a by-law under subsection (1) adopts or amends a regional context statement under section 561 (4) (b), before adoption of the by-law the Council must refer the by-law for comment to the board of the Greater Vancouver Regional District.

  Section 562 (4) BEFORE amended by 2021-16-22, effective September 29, 2021 (BC Reg 237/2021).

(4) Section 566 (3) to (5.1) [amendment or repeal of zoning by-law] applies in respect of the adoption of a by-law under subsection (1) and a public hearing referred to in subsection (3).

  Section 562.1 BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).

562.1  The Council, if it has adopted or proposes to adopt, revise or amend an official development plan for all or any part of the city, shall, at the time of preparing, revising or amending the official development plan and, in any event, not less frequently than once in each calendar year, consult with the school boards for the school districts that are wholly or partially included in the area to which the official development plan applies and seek their input as to

  Section 562.01 was enacted by 2008-23-38, effective May 29, 2008 (Royal Assent).

  Part XXVII, heading before section 565 BEFORE amended by 2018-20-9, effective May 17, 2018 (Royal Assent).

Zoning

  Section 565 (1) (b.1) was added by 2018-26-13, effective May 31, 2018 (Royal Assent).

  Section 565 (4) and (5) were added by 2023-48-15, effective December 7, 2023 (BC Reg 265/2023).

  Section 565.001 was enacted by 2023-48-16, effective December 7, 2023 (BC Reg 265/2023).

  Section 565.01 was enacted by 2018-26-14, effective May 31, 2018 (Royal Assent).

  Section 565.02 was enacted by 2018-26-14, effective May 31, 2018 (Royal Assent).

  Section 565.03 was enacted by 2023-45-30, effective December 7, 2023 (BC Reg 264/2023).

  Section 565.04 was enacted by 2023-45-30, effective December 7, 2023 (BC Reg 264/2023).

  Section 565.05 was enacted by 2023-45-30, effective December 7, 2023 (BC Reg 264/2023).

  Section 565.06 was enacted by 2023-45-30, effective December 7, 2023 (BC Reg 264/2023).

  Section 565.07 was enacted by 2023-45-32, effective December 7, 2023 (BC Reg 264/2023).

  Section 565.1 (2) (a) BEFORE amended by 2023-46-12(a), effective November 30, 2023 (Royal Assent).

(a) conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;

  Section 565.1 (2.1) was added by 2023-46-12(b), effective November 30, 2023 (Royal Assent).

  Section 565A (e) (v) was added by 2009-22-87(a), effective October 29, 2009 (Royal Assent).

  Section 565A (e) sandwich text BEFORE amended by 2009-22-87(b), effective October 29, 2009 (Royal Assent).

Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by the Director of Planning or by any board constituted pursuant to subsection (d). The power to relax the provisions of a zoning by-law shall not be used to permit construction to provide for multiple occupancy in a one family dwelling district nor to permit the use or occupancy of a dwelling as a multiple dwelling in such district unless it was so used or occupied as at April 1, 1977; provided however, that the occupancy of a suite authorized by a by-law passed pursuant to section 565C shall not constitute a multiple occupancy;

  Section 565A (e) sandwich text BEFORE amended by 2023-45-34, effective December 7, 2023 (BC Reg 264/2023).

Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by an official of the city or by any board constituted pursuant to subsection (d). The power to relax the provisions of a zoning by-law shall not be used to permit construction to provide for multiple occupancy in a one family dwelling district nor to permit the use or occupancy of a dwelling as a multiple dwelling in such district unless it was so used or occupied as at April 1, 1977; provided however, that the occupancy of a suite authorized by a by-law passed pursuant to section 565C shall not constitute a multiple occupancy;

  Section 565B BEFORE repealed by 2023-45-35, effective December 7, 2023 (BC Reg 264/2023).

Occupancy of suite defined

565B.   The Council may in the exercise of its powers under this Part

(a) define what constitutes a family and what constitutes a household support person and may, for the purpose of regulating the occupancy of suites, adopt different definitions of family and household support persons from those adopted to regulate the occupancy of the principal dwelling unit, and

(b) define what constitutes a principal dwelling unit and what constitutes a suite.

1988-67-13.

  Section 565C BEFORE repealed by 2023-45-35, effective December 7, 2023 (BC Reg 264/2023).

Conditional approval use of suite

565C.   (1) The Council may in the exercise of its powers under this Part permit, as a conditional approval use, the occupancy of a suite or suites by members of the family of, or household support persons employed by, the owner or occupant of the principal dwelling unit.

(2) The Council may as a condition of permitting the use of suites as authorized under subsection (1), require

(a) that a development permit, limited in time, be obtained authorizing such use, and such permit may limit use to occupancy by persons named in the permit, and

(b) that security, in a form, amount and for a period of time set out in the by-law, be posted to ensure that the suite is not occupied other than by persons authorized as occupants by the development permit.

(3) A development permit authorizing any use of a suite shall expire and become void on a change of ownership or occupancy of the principal dwelling unit or a sale of the premises in which the suite is situate.

(4) The granting of the specific powers in this section shall not be taken in any way to diminish the general power to regulate the use or occupancy of land conferred by section 565.

1988-67-13.

  Section 565F BEFORE re-enacted by 2024-3-13, effective March 14, 2024 (Royal Assent).

Landscaping requirements

565F.   The Council may, by by-law, provide that

(a) a permit for a conditional approval use, or

(b) a zone or district designated under section 565 (1) (f)

may include requirements respecting the provision, maintenance and retention of landscaping, including the submission of plans showing the landscaping to be provided, maintained and retained.

1994-52-172.

  Section 565.2 (7) (a) BEFORE amended by 2004-66-167(a), effective January 20, 2005 (BC Reg 16/2005).

(a) the registrar is not liable nor is the Crown liable vicariously, and

  Section 565.2 (7) (a.1) was added by 2004-66-167(b), effective January 20, 2005 (BC Reg 16/2005).

  Section 565.2 (7) (b) BEFORE amended by 2004-66-167(c), effective January 20, 2005 (BC Reg 16/2005).

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

  Section 565.2 (2) (d) BEFORE amended by 2019-5-25, effective March 25, 2019 (Royal Assent).

(d) rents that may be charged and the rates at which rents may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.

  Section 566 (5.1) was added by 2008-42-139, effective May 29, 2008 (Royal Assent).

  Section 566 (3) BEFORE amended by 2010-6-136, effective June 3, 2010 (Royal Assent).

(3)  Notice of the hearing, stating

(a) the time and place of the hearing, and

(b) the place where and the times when a copy of the proposed by-law may be inspected,

shall be published in at least 2 consecutive issues of a daily newspaper circulating in the city, with the last publication appearing at least 7 days and not more than 14 days before the date of the hearing.

  Section 566 (1.1) and (1.2) were added by 2021-16-23(a), effective September 29, 2021 (BC Reg 237/2021).

  Section 566 (3) BEFORE amended by 2021-16-23(b), effective September 29, 2021 (BC Reg 237/2021).

(3) Notice of the hearing, stating

(a) the time and place of the hearing, and

(b) the place where and the times when a copy of the proposed by-law may be inspected,

shall be published in accordance with section 3, with the last publication appearing at least 7 days and not more than 14 days before the date of the hearing.

  Section 566 (3) BEFORE amended by 2021-30-55, effective February 28, 2022 (BC Reg 17/2022).

(3) Notice of the hearing that states the following must be published in accordance with section 3, with the last publication appearing at least 7 days and not more than 14 days before the date of the hearing:

(a) the time and date of the hearing;

(b) the place of the hearing, if applicable;

(c) the way in which the hearing is to be conducted by means of electronic or other communication facilities, if applicable;

(d) the place where and the times when a copy of the proposed by-law may be inspected.

  Section 566 (3.1) and (3.2) were added by 2021-30-55, effective February 28, 2022 (BC Reg 17/2022).

  Section 566 (1) BEFORE amended by 2023-45-36(a), effective December 7, 2023 (BC Reg 264/2023).

(1) The Council shall not make, amend, or repeal a zoning by-law until it has held a public hearing thereon, and an application for rezoning shall be treated as an application to amend a zoning by-law.

  Section 566 (1.3) was added by 2023-45-36(b), effective December 7, 2023 (BC Reg 264/2023).

  Section 566.1 was enacted by 2023-45-37, effective December 7, 2023 (BC Reg 264/2023).

  Section 568.1 was enacted by 2018-26-15, effective May 31, 2018 (Royal Assent).

  Section 568.2 was enacted by 2018-26-15, effective May 31, 2018 (Royal Assent).

  Section 568.3 was enacted by 2018-26-15, effective May 31, 2018 (Royal Assent).

  Section 568.4 was enacted by 2018-26-15, effective May 31, 2018 (Royal Assent).

  Section 570 (3) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(3)  In the event that the Council does not within the said period of sixty days adopt any such plan, alteration, addition, extension, or by-law, the owners of the land in respect of which a development permit was withheld or conditions were imposed pursuant to this section shall be entitled to compensation for damages arising from the withholding of such development permit, or the imposition of such conditions. Such compensation shall be determined by arbitration pursuant to the Commercial Arbitration Act.

  Section 571 BEFORE repealed by 2006-3-30, effective March 28, 2006 (Royal Assent).

 Enforcement of by-law

571.  (1)  Any by-law passed hereunder may be enforced and the contravention of any regulation therein restrained by the Supreme Court upon action brought by the city, whether or not any penalty has been imposed for such contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action.

(2)  Any zoning by-law passed hereunder may be enforced and the contravention of any regulation therein restrained by the Supreme Court upon action brought by the city or by any registered owner of real property or any incorporated society representing registered owners of real property in the City of Vancouver and affected by such by-law or regulation, whether or not any penalty has been imposed for such contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action.

1959-107-20; 1970-54-30.

  Section 571A (3) BEFORE amended by 2023-16-36, effective May 11, 2023 (Royal Assent).

(3) The provisions of subsections (1) and (2) of section 324A shall, mutatis mutandis, apply with respect to the enforcement of any order made herein. No compensation shall be payable in connection with the exercise of the authority herein.

  Section 571AA was enacted by 2006-3-31, effective March 28, 2006 (Royal Assent).

  Section 571B BEFORE amended by 2002-34-13, effective May 9, 2002 (Royal Assent).

 Waste Management Act

571B.  Despite anything in this Act, the Council or its delegate shall not approve an application for

(a) zoning,

(b) development permits,

(c) removal of soil,

(d) demolition permits respecting structures that have been used for commercial or industrial purposes, or

(e) activities prescribed by regulation under the Waste Management Act,

if the Council or its delegate

(f) has not received a site profile where required under section 26.1 of the Waste Management Act,

(g) has received a site profile but has not sent it to the manager under section 26.1 (5) of the Waste Management Act,

(h) has sent a site profile to the manager under section 26.1 (5) of the Waste Management Act but the Council or its delegate has not received notice that a site investigation under section 26.2 of that Act will not be required, or

(i) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 27.6 of the Waste Management Act from the person making an application described in paragraphs (a) to (e) of this section.

1993-25-14; 1997-25-208; 1998-34-313.

  Section 571B BEFORE re-enacted by 2003-53-173, effective July 8, 2004 (BC Reg 317/2004).

 Waste Management Act requirements must be met

571B.  (1)  This section applies to an application for one or more of the following:

(a) zoning;

(b) development permits;

(c) removal of soil;

(d) demolition permits respecting structures that have been used for commercial or industrial purposes.

(2)  The Council or its delegate must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 26.1 of the Waste Management Act unless at least one of the following is satisfied:

(a) the Council or its delegate has received a site profile required under section 26.1 of the Waste Management Act with respect to the site and the Council or its delegate is not required to forward a copy of the site profile to the manager under section 26.1 (5) (b) of that Act;

(b) the Council or its delegate has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;

(c) the Council or its delegate has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;

(d) the Council or its delegate has received notice from a manager under the Waste Management Act that the Council or its delegate may approve an application under this section because, in the opinion of the manager, the site would not present a significant threat or risk if the application were approved;

(e) the Council or its delegate has received notice from a manager under the Waste Management Act that the manager has received and accepted a notice of independent remediation with respect to the site;

(f) the Council or its delegate has received notice from a manager under the Waste Management Act that the manager has entered into a voluntary remediation agreement with respect to the site;

(g) the Council or its delegate has received a valid and subsisting approval in principle, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.

2002-34-13.

  Section 571B BEFORE re-enacted by 2019-19-48, effective February 1, 2021 (BC Reg 161/2020).

Environmental Management Act requirements must be met

571B.   (1) This section applies to an application for one or more of the following:

(a) zoning;

(b) development permits;

(c) removal of soil;

(d) demolition permits respecting structures that have been used for commercial or industrial purposes.

(2) The Council or its delegate must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:

(a) the Council or its delegate has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the Council or its delegate is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;

(b) the Council or its delegate has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;

(c) the Council or its delegate has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;

(d) the Council or its delegate has received notice from a director under the Environmental Management Act that the Council or its delegate may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(e) the Council or its delegate has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;

(f) the Council or its delegate has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;

(g) the Council or its delegate has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.

2003-53-173.

  Section 571C BEFORE re-enacted by 2003-53-173, effective July 8, 2004 (BC Reg 317/2004).

 Agreements for regulating contaminated sites

571C.  The Council may by bylaw enter into and implement an agreement referred to in sections 28.1 and 28.3 of the Waste Management Act.

1993-25-14; 1998-34-314.

  Section 571C BEFORE amended by 2020-3-9, effective March 1, 2023 (BC Reg 128/2022).

Agreements for regulating contaminated sites

571C.   The Council may by bylaw enter into and implement an agreement referred to in sections 55 and 57 of the Environmental Management Act.

2003-53-173.

  Section 571D BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

 Approval of bylaw

571D.  A provision in a bylaw that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the Minister of Environment, Lands and Parks.

1993-25-14.

  Section 571E was enacted by 2018-26-16, effective May 31, 2018 (Royal Assent).

  Part XXVII, heading before section 572 BEFORE amended by 2018-20-10, effective May 17, 2018 (Royal Assent).

Board of Variance

  Section 572 (1) BEFORE amended by 2003-15-20(a), effective March 27, 2003 (Royal Assent).

(1)  The Council shall establish by by-law a Board of five members, two to be appointed by the Council, two to be appointed by the Lieutenant-Governor in Council, and a Chairman who shall be appointed by a majority of the other appointees. The Board shall appoint a secretary and such other officials as may be required by the Board.

  Section 572 (1.1) and (1.2) were added by 2003-15-20(b), effective March 27, 2003 (Royal Assent).

  Section 572 (2) BEFORE amended by 2003-15-20(c), effective March 27, 2003 (Royal Assent).

(2)  Each member of the Board shall hold office for a term of three years or until his successor shall be appointed, but a person may be reappointed for a further term or terms.

  Section 572 (2.1) was added by 2003-15-20(d), effective March 27, 2003 (Royal Assent).

  Section 572 (7) BEFORE amended by 2003-15-20(e), effective March 27, 2003 (Royal Assent).

(7)  In the event of the death, resignation, or removal from office of any member of the Board, his successor shall be appointed in the same manner as such member was appointed, and until the appointment of his successor the remaining members shall constitute the Board.

  Section 572 (8) BEFORE repealed by 2003-15-20(f), effective March 27, 2003 (Royal Assent).

(8)  The Chairman may be removed at any time by the Lieutenant-Governor in Council on the recommendation of the Council.

  Section 572 (1) and (1.1) BEFORE amended by 2004-34-22(a), effective May 13, 2004 (Royal Assent).

(1)  The Council shall establish by by-law a Board.

(1.1)  The Board shall consist of

(a) five members appointed by the Council, and

(b) a Chairman appointed by a majority of the members.

  Section 572 (2) BEFORE amended by 2004-34-22(b), effective May 13, 2004 (Royal Assent).

(2)  Subject to subsection (2.1), each member of the Board shall hold office for a term of three years or until his successor shall be appointed, but a person may be reappointed for a further term or terms.

  Section 572 (6) BEFORE amended by 2004-34-22(c), effective May 13, 2004 (Royal Assent).

(6)  The Chairman may from time to time appoint a member of the Board as Acting-Chairman to preside in the absence of the Chairman.

  Section 573 (1) (f) BEFORE amended by 2003-52-515, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(f) by any person who, by reason of the application of Division 2 of Part 22 of the Local Government Act to the city, is

(i)  unable to obtain a permit authorizing tree cutting or removal, or

(ii)  unable to comply with the requirements of a by-law or permit under that Division.

  Section 573 (2.2) was added by 2018-26-17, effective May 31, 2018 (Royal Assent).

  Section 573 (4) BEFORE amended by 2022-15-72, effective June 2, 2022 (Royal Assent).

(4) The Board shall conduct its hearings of appeals under this section in public.

  Section 573 (1) (b) and (c) BEFORE amended by 2022-15-75,Sch 3, effective June 2, 2022 (Royal Assent).

(b) by any person who alleges that the enforcement of a zoning by-law with regard to siting, size, shape, or design of a building would cause him undue or unnecessary hardship arising out of peculiarities in the site or special circumstances connected with the development. In any such case the Board may, to the extent necessary to give effect to its determination, exempt the applicant from the applicable provisions of the zoning by-law;

(c) by any person who alleges that due to special circumstances or conditions the provisions of subsection (3) of section 568 will result in undue or unnecessary hardship to him;

  Part XXVII, heading before section 574 BEFORE amended by 2018-20-11, effective May 17, 2018 (Royal Assent).

Advisory Planning Commission

  Part XXVII, Division (6), sections 574.1 to 574.6, was enacted by 2018-20-12, effective April 16, 2019 (BC Reg 91/2019).

  Section 574.4 (3) BEFORE amended by 2023-45-39(a), effective November 30, 2023 (Royal Assent).

(3) The Council must receive

(a) the first housing needs report, subject to subsection (4), no later than 3 years after the date this section comes into force, and

(b) every subsequent housing needs report no later than 5 years after the date that the most recent housing needs report was received.

  Section 574.4 (4) BEFORE repealed by 2023-45-39(b), effective November 30, 2023 (Royal Assent).

(4) If,

(a) within one year after this section comes into force, the Council

(i) submits a report to the minister that includes the information described in section 574.3 (c), and

(ii) applies in writing to the minister for a determination whether the report under paragraph (a) (i) of this subsection is an acceptable report, and

(b) the minister notifies the Council that the minister considers that the report submitted under paragraph (a) (i) of this subsection is an acceptable report,

that report is the first housing needs report for the purposes of subsection (3) (a) of this section.

  Part XXVII, Division (7), sections 574.61 and 574.62 were enacted by 2023-48-17, effective December 7, 2023 (BC Reg 265/2023).

  Section 574.64 was enacted by 2023-48-20, effective December 7, 2023 (BC Reg 265/2023).

  Section 576 (2.1) was added by 2023-45-41, effective December 7, 2023 (BC Reg 264/2023).

  Section 580 (1), (2), (4), (5), (6), (7) BEFORE amended by 2009-21-4,Sch 1, effective October 29, 2009 (Royal Assent).

(1)  The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by the Council under this Part or procedures used by the Council under this Part.

(2)  Subsection (1) does not authorize the Ombudsman to investigate an issue involving compensation for reduction in the market value of real property caused by a designation under section 593.

(4)  During an investigation under this section and for up to 6 months after the completion of the investigation if the Ombudsman considers the matter to be unresolved, the Ombudsman may direct that the Council or the complainant, or both, must not take any action on matters specified by the Ombudsman.

(5)  If the Ombudsman makes a recommendation under section 23 or 24 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the Council within a reasonable time, the Ombudsman may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsman considers appropriate.

(6)  On receipt of a report from the Ombudsman, the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest, and the order is binding on the Council.

(7)  Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.

  Section 580 (1), (3), (5), (7) BEFORE amended by 2009-21-5,Sch 2, effective October 29, 2009 (Royal Assent).

(1)  The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by the Council under this Part or procedures used by the Council under this Part.

(3)  The Ombudsman Act, other than section 11 (1) (a) of that Act, applies to investigations under this section and, for that purpose, the Council is deemed to be an authority as defined in that Act.

(5)  If the Ombudsman makes a recommendation under section 23 or 24 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the Council within a reasonable time, the Ombudsman may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsman considers appropriate.

(7)  Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.

  Section 589A was enacted by 2002-22-33, effective January 13, 2003 (BC Reg 379/2002).

  Section 592 (6) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(6)  The Council must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved by the Minister of Municipal Affairs if circumstances prescribed under subsection (7) apply.

  Section 592 (8) BEFORE amended by 2018-26-18, effective May 31, 2018 (Royal Assent).

(8) The Council must hold a public hearing on the matter before entering into or amending a heritage revitalization agreement if the agreement or amendment would permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property and, for these purposes, section 566 applies.

  Section 592 (2) (b) (ii.1) was added by 2023-46-13, effective November 30, 2023 (Royal Assent).

  Section 592 (2) (b) (part) BEFORE amended by 2023-45-42(a), effective December 7, 2023 (BC Reg 264/2023).

(b) vary or supplement provisions of

  Section 592 (2.1) was added by 2023-45-42(b), effective December 7, 2023 (BC Reg 264/2023).

  Section 594 (2) BEFORE amended by 2008-42-140, effective May 29, 2008 (Royal Assent).

(2)  Section 566 (3) and (5) applies with respect to the public hearing and enactment of the heritage designation by-law.

  Section 594 (2) BEFORE amended by 2021-16-24, effective September 29, 2021 (BC Reg 237/2021).

(2) Section 566 (3), (5) and (5.1) applies with respect to the public hearing and enactment of the heritage designation by-law.

  Section 595 (4) (part) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

then either the Council or the owner may require the matter to be determined by binding arbitration under the Commercial Arbitration Act.

  Section 595A (4) BEFORE amended by 2010-6-137, effective June 3, 2010 (Royal Assent).

(4)  Before considering an application for approval of a density transfer under this section, the Development Permit Board must consider the views of persons who consider themselves affected by the proposed density increase for the site to which the extra density is to be transferred and, for these purposes, must publish a notice in at least 2 consecutive issues of a daily newspaper published or circulating in the city stating

  Section 596 (1) BEFORE amended by 2002-22-34, effective January 13, 2003 (BC Reg 379/2002).

(1)  The Council may, by by-law, establish minimum standards for the maintenance of real property that is designated as protected by a heritage designation by-law.

  Sections 596A and 596B were enacted by 2002-22-35, effective January 13, 2003 (BC Reg 379/2002).

  Section 597 (2) BEFORE amended by 2002-22-36(a), effective January 13, 2003 (BC Reg 379/2002).

(2)  Subject to the limitation that the use or density of use may not be varied, a heritage alteration permit may, in relation to protected heritage property, vary or supplement provisions of

  Section 597 (3.1) was added by 2002-22-36(b), effective January 13, 2003 (BC Reg 379/2002).

  Section 597 (3.1) (a.1) was added by 2018-26-19, effective May 31, 2018 (Royal Assent).

  Section 597 (2) (b) BEFORE amended by 2023-46-14(a), effective November 30, 2023 (Royal Assent).

(b) a bylaw under Part XXIV-A,

  Section 597 (2) (b.1) was added by 2023-46-14(b), effective November 30, 2023 (Royal Assent).

  Section 599 (4) BEFORE amended by 2010-6-138, effective June 3, 2010 (Royal Assent).

(4)  If a notice cannot be served personally on an owner or occupier and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the notice may be given by publication in 2 issues, at least one week apart, of a newspaper having general circulation

(a) in the area where the owner or occupier to be given notice was last known to reside or carry on business according to the information available to the person giving the notice, or

(b) in the area where the land to which the notice relates is situated.

  Section 601 (1) (d) was added by 2002-22-37, effective January 13, 2003 (BC Reg 379/2002).

  Section 601 (7) (a) BEFORE amended by 2004-66-168(a), effective January 20, 2005 (BC Reg 16/2005).

(a) the registrar is not liable nor is the Crown vicariously liable, and

  Section 601 (7) (a.1) was added by 2004-66-168(b), effective January 20, 2005 (BC Reg 16/2005).

  Section 601 (7) (b) BEFORE amended by 2004-66-168(c), effective January 20, 2005 (BC Reg 16/2005).

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

  Section 602 (1) (e) was added by 2002-22-38, effective January 13, 2003 (BC Reg 379/2002).

  Section 604 (1) (a) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) does anything for which a heritage alteration permit is required by or under this Act without the authority of a heritage alteration permit;

  Section 604 (1) (c) BEFORE amended by 2009-21-4,Sch 1, effective October 29, 2009 (Royal Assent).

(c) fails to comply with a direction of the Ombudsman under section 580(4);

  Section 605 (1) (a) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) something for which a heritage alteration permit is required by or under this Act has been done without the authority of a heritage alteration permit;

  Section 606 (1) (a) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required by or under this Act;

  Part XXIX, sections 607 to 614 were enacted by 2003-52-516, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 613 (6) BEFORE amended by 2003-80-62, effective August 3, 2004 (BC Reg 371/2004).

(6)  A by-law or permit under this Part does not apply to land and the trees on it if the land is land to which section 17 of the Forest Land Reserve Act applies.

  Section 613 (3) (b) BEFORE amended by 2004-61-37, effective March 18, 2005 (BC Reg 95/2005).

(b) if no agreement is reached, by the Expropriation Compensation Board.

  Part XXX, sections 615 to 622 were enacted by 2016-27-1, effective July 28, 2016 (Royal Assent).

  Part XXXI, sections 623 to 627, was enacted by 2023-45-43, effective December 7, 2023 (BC Reg 264/2023).

  Part XXXI, Division (1) heading was enacted by 2023-45-44, effective December 7, 2023 (BC Reg 265/2023).

  Part XXXI, Division (2) heading was enacted by 2023-45-45, effective December 7, 2023 (BC Reg 265/2023).

  Part XXXI, Division (4), sections 629 to 633, was enacted by 2023-48-22, effective December 7, 2023 (BC Reg 265/2023).