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Note: this Act is a Private, Special and Local Statute
[Prepared for convenience by the Office of Legislative Counsel. Note: This Act has not been revised as part of the Revised Statutes 1996. References in this Act to other Acts may be references to earlier Revised Statutes or to Acts not consolidated in a general revision of statutes, depending on when the provision of this Act containing the reference was enacted or amended.]
Assented to March 2, 1956
Short Title
1 This Act may be cited as the "Greater Vancouver Sewerage and Drainage District Act."
1956-59-1.
Interpretation
2 In this Act, unless the context otherwise requires:—
"Board" means the Administration Board constituted under this Act:
"Chairman" means the Chairman of the Board:
"Corporation" means the Greater Vancouver Sewerage and Drainage District constituted under this Act:
"Debenture-year" means any twelve-month period calculated from the date of the debenture or other security of the Corporation:
"Facilities" includes drains, ditches, sewers, intercepting-sewers, sewage treatment and disposal plants and works, liquid and solid waste disposal plants and works, pumping-stations, transfer stations, incinerators, recycling and composting plants and other works necessary thereto, and outlets for carrying off, treating, and disposing of drainage and sewage, and any other and all works, structures, lands, and conveniences incidental and necessary to the completion of sewerage, drainage, or waste disposal systems:
"Member municipality" means a municipality that is a member of the Corporation:
"Street" shall include any highway, and any public bridge, and any boulevard, square, mew, court, road, lane, alley, or passage, whether a thoroughfare or not:
"Temporary security" means any debenture or other security of the Corporation, the entire principal amount of which is payable at a fixed date not more than five years from the date thereof:
"waste" includes, whether in liquid or solid form, garbage and noxious, offensive, unwholesome, or discarded matter:
"Watercourse" shall include any river, stream, creek, or lake, whether ordinarily carrying or containing water or not.
1956-59-2; 1974-59-2.
Incorporation
3 There is hereby created and constituted a body corporate and politic under the name of the "Greater Vancouver Sewerage and Drainage District," with the objects, powers, and mode of management set forth in this Act.
1956-59-3.
4 The Corporation and its successors shall have perpetual succession and also a common seal, with power to modify and alter the same at will.
1956-59-4.
Area
5 (1) The area of the Corporation shall include the respective areas within the territorial limits of the following municipalities, which municipalities shall be the members of the Corporation, that is to say:—
(b) The Corporation of the District of Burnaby.
(2) The University Endowment Lands as defined in the "University Endowment Lands Administration Act Amendment Act, 1950," being chapter 76 of the Statutes of 1950, shall also be deemed to be a part of the said area, subject to the limitations set out in this Act.
1956-59-5.
Objects
6 (1) The objects of the Corporation shall be the construction, maintenance, operation, and administration of the major sewerage and drainage facilities of the Corporation in substantial accordance with the report of a board of engineers comprised of Charles Gilman Hyde, John Oliver, and A. M. Rawn submitted to the Chairman and members of the Vancouver and Districts Joint Sewerage and Drainage Board established by the "Vancouver and Districts Joint Sewerage and Drainage Act," by letter dated the sixteenth day of September, 1953, a copy of which report has been filed in the office of the Provincial Secretary, and which, for the purpose of identification, has been signed by T. V. Berry, Chairman of the said Vancouver and Districts Joint Sewerage and Drainage Board, at the time of the said submission, in so far as it relates to the area of the Corporation.
(1a) In addition to the objects under subsection (1), the Corporation has as objects to acquire, hold, manage and dispose of all or part of the land, improvements, personal property or other property, and any interest or right in or with respect to Ashcroft Ranch.
(1b) The Lieutenant Governor in Council, by regulation, may define "Ashcroft Ranch" for the purposes of subsection (1a) and section 7 (2a).
(2) The Corporation shall have the right to perform work requisite to its function but not included in the report referred to in subsection (1) of this section and to amend or vary any of the projects recommended in the said report in a manner which is not inconsistent with the objects of the said report, but only with the sanction of a by-law of the Board passed by a majority of not less than 2/3 of the votes cast.
(3) The Corporation may authorize a member municipality to provide facilities which are consistent with the intent of this Act at any time at the cost of the municipality concerned.
(4) The Corporation and the Minister of Lands and Forests may enter into agreements for the carrying-out of the objects of the Corporation within the University Endowment Lands, and for the sharing of apportioned costs. Any such agreements shall be subject to the approval of the Lieutenant-Governor in Council.
(5) The Corporation and the University of British Columbia may enter into agreements for the carrying-out of the objects of the Corporation within the university site.
(6) If, by January 31 of any year, there is no agreement under subsection (5) in force with respect to that year, the Corporation may apportion sums to the University of British Columbia under this Act as if
(a) the university were a member municipality of the Corporation, and
(b) the university site were the area of a member municipality of the Corporation.
(7) The University of British Columbia must pay to the Corporation those sums apportioned to it under subsection (6) as if the university were a member municipality of the Corporation.
(8) If a sum of money apportioned under subsection (6) is not paid by the due date,
(a) the sum bears interest, from that date until the date of payment, at the rate of six per cent per year, and
(b) subject to subsection (9), the sum may be recovered by the Corporation under section 57 (1) as if the University of British Columbia were a member municipality of the Corporation.
(9) The Corporation may not enforce payment of a sum referred to in subsection (8) by the appointment of a receiver.
(10) The University of British Columbia may, in respect of a sum of money apportioned under subsection (6), make a complaint under section 59 as if the university were a member municipality of the Corporation.
(11) In this section, "university site" means all lands within the following described areas of Group 1, New Westminster District:
(f) District Lot 6494, except that part in Plan 11469;
(h) that part of Marine Drive shown on Reference Plan 2363 and located southwest of District Lot 6494.
1956-59-6; 1994-52-6; 1999-15-6; 2002-48-9; B.C. Reg. 337/2006.
6.1 (1) In this section, "lessee" means a person who, before May 19, 1999, entered into a lease or other agreement with the University of British Columbia under which the person acquired a right to the use and enjoyment of any land within the university site, as defined in section 6 (11), but does not have to pay for the sewerage costs associated with that use and enjoyment of the land.
(2) For the duration of a lease or other agreement to which this section applies, the lessee must pay to the University of British Columbia, by August 1 of each calendar year, the lessee's proportionate share of the sewerage costs that the university is required to pay
(a) under an agreement entered into under section 6 (5), or
(b) under section 6 (7) in relation to a sum apportioned under section 6 (6).
(3) The requirement to pay under subsection (2) applies despite the terms of any lease or other agreement to which this section applies.
1999-15-7.
Powers
7 (1) The Corporation has all the rights and is subject to all the liabilities of a corporation and
(b) may acquire, hold, and use any property of any nature whatsoever within or without its area for any of the purposes of its objects;
(c) may from time to time alienate any of its assets that, in the opinion of the Corporation, are no longer necessary or advantageous for its purposes;
(d) may enter into agreements or contracts with any person;
(e) may exercise, carry out, fulfil, and give effect to all the powers, rights, duties, and obligations in and conferred by this Act expressly or by necessary implication or intendment; and
(f) may generally, in nowise limited by the foregoing, do all things necessary to attain the objects of the Corporation.
(1a) Section 48 does not apply with respect to assets alienated under subsection (1).
(1b) Sections 285 and 286 of the Local Government Act apply to the land that is proposed to be alienated under subsection (1) (c).
(2) In addition to its other powers, the Corporation shall have the following powers:—
(a) To finance, design, and construct sewerage and drainage facilities in addition to those requisite for its function for any member municipality at the sole and exclusive cost of such municipality and upon the request of such municipality; and
(b) To finance, construct, maintain, operate, and administer sewerage and drainage facilities for the Crown within or without the area of the Corporation at the sole and exclusive cost of the Crown; and
(c) To establish the uses to which its facilities may be put and by whom they may be used.
(d) In addition to the general borrowing powers provided for in section 36, by by-law of the Board with the recommendation of the Commissioner and the approval of the Lieutenant-Governor in Council, to borrow moneys and pay interest thereon for the purpose of effecting the powers vested in the Corporation by this subsection.
(2a) In addition to the other powers under this section, the Corporation has the power to carry on the business of ranching and any other agricultural business ancillary to ranching, and to carry out agricultural research, on all or any part of Ashcroft Ranch.
(3) Each member municipality shall, in addition to its other powers, have the power to request the Corporation to finance, design, and construct sewerage and drainage facilities in the whole or any specified area of the municipality for the municipality at the sole and exclusive cost of the municipality, and the Council of such municipality may, by by-law adopted with the assent of the electors, cause such municipality to enter into an agreement with the Corporation for such purpose, providing, inter alia, that the financial obligation which the Corporation shall incur, whether for principal, interest, or otherwise, by reason of its financing, designing, and constructing any such facility shall be a liability of such municipality, and shall be money due and payable by such municipality to the Corporation under or pursuant to this Act during a period not exceeding thirty years, and the municipality shall raise the moneys to pay the said liability by levying rates upon the lands or lands and improvements within the municipality or the specified area thereof or in some other manner authorized by law.
(4) The powers conferred upon the Corporation and its member municipalities respectively by this section for financing, designing, and constructing sewerage and drainage facilities may be exercised all together, separately, or one with another.
(5) The assent of the owner-electors is only required to a by-law under subsection (3) if the liability incurred by the member municipality to the Corporation under the agreement cannot be met from municipal revenue for the current year and any of the accumulated revenue surplus of prior years appropriated for the annual budget or the annual budget as amended.
1956-59-7; 1959-101-2; 1960-71-2; 1963-42-10; 1965-60-2; 1966-45-8; 1997-25-11; 1998-34-255; 2000-7-191; 2002-48-10; 2003-52-84; RS2015-1-RevSch.
7A (1) The objects of the Corporation shall also be the disposal of all types of waste in substantial accordance with a report of the board of engineers composed of M.J.J. Dayton, R.M. Martin, and F.R. Bunnell, dated the thirteenth day of June, 1973, a copy of which has been filed in the office of the Provincial Secretary, and which, for the purpose of identification, has been signed by F.R. Bunnell, Commissioner of the Greater Vancouver Sewerage and Drainage District, and the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste.
(2) The Corporation shall have the right to perform work requisite to its function but not included in the report referred to in subsection (1) and to amend or vary any of the projects recommended in the report in a manner which is not inconsistent with the objects of the report, but only with the sanction of a by-law of the Board passed by a majority of not less than 2/3 of the votes cast.
(3) The Corporation may, by by-law passed by a majority of not less than 2/3 of the votes cast, regulate the planning, construction, maintenance, operation, and administration of all waste disposal facilities within the area of the Metro Vancouver Regional District.
(4) The Corporation may authorize a member municipality to provide facilities which are consistent with the intent of this Act at any time at the cost of the municipality concerned.
(5) In addition to its other powers, the Corporation shall have the following powers:
(a) To finance, design, construct, maintain, operate, and administer waste disposal facilities for the Crown in right of the Province within or without the area of the Corporation at the sole and exclusive cost of the Crown:
(b) To establish the uses to which its waste disposal facilities may be put and by whom they may be used:
(c) In addition to the general borrowing powers provided for in section 36, by by-law of the Board, with the recommendation of the Commissioner and the approval of the Lieutenant-Governor in Council, to borrow moneys and pay interest thereon for the purpose of carrying out the powers vested in the Corporation by this subsection:
(d) To purchase or otherwise acquire waste disposal facilities of member municipalities and others:
(e) To enter into agreements with member municipalities to provide for the collection and removal of waste by the Corporation for and on behalf of, and at the sole cost and expense of, those members municipalities:
(f) To enter into agreements with a municipality and any other person relating to the removal and disposal of waste, within or without the area of the Corporation:
(g) To establish scales of charges for services rendered by the Corporation and for the use of any of the waste disposal facilities of the Corporation.
(6) The Corporation shall have all of the rights, powers, and obligations necessary to carry out the function of waste disposal, and for the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste as the Corporation has for the carrying out of the construction, maintenance, operation, and administration of major sewerage and drainage facilities, and the provisions of this Act relating to the carrying out of the construction, maintenance, operation, and administration of major sewerage and drainage facilities apply, with the necessary changes and so far as they are applicable, to the function of waste disposal and for the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste.
(7) For the purposes of planning for, regulating, storing and managing solid waste and recyclable material under the Environmental Management Act, the Corporation is deemed to be a regional district.
1974-59-2; 1993-59-3; 1994-52-7; 2003-53-151; 2018-23-53.
7B (1) In addition to its other powers, the Corporation may, by by-law, exercise one or more of the following powers in relation to the disposal of solid waste generated within its area or within a municipality that has contracted with the Corporation for the disposal of solid waste from the municipality:
(a) set levies payable by generators of waste or by other persons who use the services of a waste hauler;
(b) set rates or levels of levies based on the quantity, volume, type or composition of waste generated, on the fees charged by the applicable waste hauler for its services or on any basis prescribed by regulation under subsection (4);
(c) vary levies by class of persons, operations, activities, industries, trades, businesses or wastes;
(i) act as agents of the Corporation in collecting levies under this section,
(ii) remit levies to the Corporation in accordance with the by-law,
(iii) maintain records in accordance with the by-law, and
(iv) permit an employee or agent of the Corporation to inspect and make copies of these records during normal business hours for the waste hauler;
(e) set conditions respecting the collection and remittance of levies by waste haulers and compensation to the haulers for this service;
(f) establish fines for failure to comply with a by-law under this section.
(2) For the purposes of this section, a "waste hauler" means
(a) a municipality, including the City of Vancouver, that picks up, transports or delivers waste, or
(b) a person who, on a commercial basis, picks up, transports or delivers waste.
(3) Section 416 of the Local Government Act applies to a by-law under this section as if the Corporation were a regional district.
(4) The Lieutenant Governor in Council may make regulations for the purposes of subsection (1) (b).
1995-29-1; 1999-37-221; 2000-7-191; 2003-52-85; RS2015-1-RevSch.
7C (1) For the purposes of this section:
"liquid waste" means sewage or waste water;
"sewerage facility" means
(a) any work, service or plant of the Corporation for conveying, disposing of or treating liquid waste, and
(b) any work, service or plant connected to a work, service or plant referred to in paragraph (a).
(2) In addition to its other powers, the Corporation may, by by-law, exercise one or more of the following powers in relation to the disposal of liquid waste discharged into or treated by a sewerage facility:
(a) set fees payable by persons who discharge liquid waste into a sewerage facility or whose liquid waste is treated by a sewerage facility;
(b) set rates or levels of fees based on
(i) the quantity, volume, type, concentration or composition of liquid waste discharged or treated,
(ii) the sewerage and drainage area,
(iii) the type of sewerage facility, or
(iv) any other basis prescribed by regulation under subsection (5);
(c) vary fees by class of persons, operations, activities, industries, trades, businesses, works or wastes;
(d) set fees for inspections and testing required to determine whether there is compliance with a waste regulatory by-law;
(e) establish fines for failure to comply with a by-law under this section.
(3) Section 416 of the Local Government Act applies to a by-law under this section as if the Corporation were a regional district.
(4) The Corporation may enter into agreements respecting the discharge into or the treatment of liquid waste by a sewerage facility including, without limiting this authority, agreements that provide exceptions to a by-law under this section.
(5) The Lieutenant Governor in Council may make regulations for the purposes of subsection (2) (b) (iv).
1997-25-12; 2000-7-191; 2003-52-86; RS2015-1-RevSch.
Administration and Management
8 (1) The powers and functions of the Corporation shall be exercised and discharged by an Administration Board consisting of those persons who are Directors for each municipality within the Greater Vancouver Sewerage and Drainage District on the Regional Board of the Metro Vancouver Regional District together with the person referred to in subsection (2).
(2) For the purpose of subsection (1), the Director representing Electoral Area A (University Hill) on the Regional Board of the Metro Vancouver Regional District shall be a member of the Board.
(3) The regional district director of a municipality within the Greater Vancouver Sewerage and Drainage District that is not a member municipality of the Metro Vancouver Regional District shall be a member of the Board as if the municipality were a member municipality of the Metro Vancouver Regional District; but, where that municipality is entitled to more than one Regional Board Director, the Council shall determine which director shall be a member of the Board.
(3a) Subsection (3) comes into force on the first day of January, 1975.
(4) The members of the Board have the same number of votes to which they are entitled as members of the board of the Metro Vancouver Regional District or to which they would be entitled if they were members of that board and, for these purposes, section 196 of the Local Government Act applies.
(5) Section 123 (3) and (4) [obligation to vote] and Division 6 [Conflict of Interest] of Part 4 of the Community Charter apply to the Board, its select committees, standing committees and any other committees it establishes that are composed solely of Board members and, to the extent that they are not inconsistent with this Act, sections 211 (2), 215, 220, 222, 224 and 226 (1) of the Local Government Act apply to the Board.
(5.1) The following documents must be made available for public inspection:
(a) gift disclosure statements required under section 106 (2) of the Community Charter, as that section applies under subsection (5);
(b) minutes of a board meeting, or a part of a board meeting, that is not closed under section 90 of the Community Charter, as that section applies under subsection (5).
(6) A member of the Board who votes must cast all available votes for the same objective.
(7) A municipality and the Director representing Electoral Area A (University Hill) may appoint a person as an alternate member of the Board, and sections 200 and 201 of the Local Government Act apply as if an alternate member were an alternate director.
1956-59-8; 1965-60-3; 1971-22-18; 1974-59-2; 1994-52-8; 1999-37-222; 2000-7-191; 2003-52-87; 2006-3-4; RS2015-1-RevSch; 2018-23-53.
10 (1) Subject to subsections (2) and (3), the Chairman, Deputy Chairman, Secretary, Treasurer, and other officers and officials for the time being of the Metro Vancouver Regional District shall be respectively the Chairman, Deputy Chairman, Secretary, Treasurer, and officers and officials of the Board.
(2) Where the Chairman or the Deputy Chairman of the Metro Vancouver Regional District is a Director representing a municipality that is not within the Greater Vancouver Sewerage and Drainage District, the Board shall elect a Chairman or a Deputy Chairman.
(3) If the Board, under subsection (2), elects the Deputy Chairman of the Metro Vancouver Regional District as Chairman of the Board of Administration, the Board shall elect a Deputy Chairman.
(4) Sections 788, 789 and 790 of the Local Government Act apply to the Board and, for these purposes, the Chairman, Deputy Chairman, members and alternate members of the Board are to be considered directors within the meaning of those sections.
(4.1) A member of the Board may not receive remuneration, reimbursement or expenses from more than one of the Metro Vancouver Regional District, the Greater Vancouver Sewerage and Drainage District and the Greater Vancouver Water District in respect of the same matter or concurrent meetings.
(5) In subsection (4), a reference to a provision that was amended or repealed by the Local Government Statutes Amendment Act, 2000 is deemed to be a reference to the provision as it read immediately before the amendment or repeal and, for these purposes, the provision is deemed not to have been amended or repealed by that Act.
1956-59-10; 1967-57-2; 1971-22-19; 1994-52-9; 1999-37-223; 2000-7-191,202; 2018-23-53.
13 The Board shall be deemed and considered to be as always continuing and existing, and the members of the Board shall hold office until their successors are duly appointed, and upon the appointment of such successors the Board may take up and carry to completion all by-laws, reports, and other proceedings which had been taken up or had been under consideration by the Board; and it shall not be necessary to consider or begin de nova any by-law, proceeding, report, matter, or thing entertained by the Board subsequent or prior to any annual or other appointment as aforesaid.
1956-59-13.
14 (1) In cases specially so required by this Act, the Board shall proceed by by-law, otherwise it may proceed by by-law, resolution, or order. At any meeting of the Board a by-law, resolution, or order put to the vote of the meeting shall, except as otherwise particularly provided herein, be decided, carried, or passed by a majority of the votes cast. The Board may from time to time enact, make, alter, repeal, amend, vary, and re-enact such by-laws, resolutions, or orders as the Board may consider necessary or expedient for the carrying-on, management, and regulation of the business and affairs of the Corporation, and the carrying-out of its objects, in accordance with and subject to the provisions of this Act.
(2) Section 135 (1), (3), (4) and (6) [requirements for passing bylaws: 3 readings, order of approvals, signing] of the Community Charter and section 228 of the Local Government Act apply to the Corporation.
(2.1) By-laws of the Corporation must be available for public inspection.
(3) Except as otherwise provided in this Act, the business of the Board shall be conducted in accordance with the procedure established in the procedural by-law of the Metro Vancouver Regional District under section 225 of the Local Government Act.
1956-59-14; 1994-52-11; 1997-25-13; 1999-37-224; 2000-7-191; 2003-52-88; 2006-3-5; RS2015-1-RevSch; 2018-23-53.
15 Every by-law shall be under the seal of the Corporation, and shall be signed by the Chairman, or by the person presiding at the meeting at which the by-law has been passed, and by the Secretary or Assistant Secretary.
1956-59-15.
16 A copy of any by-law, resolution, or order written or printed, and under the seal of the Corporation, and certified by the Secretary or Assistant Secretary to be a true copy, shall be received as prima facie evidence in any Court of justice without proof of the seal or signature.
1956-59-16.
16A (1) The Board shall, when authorized by a by-law adopted by an affirmative vote of at least 2/3 of the votes cast at a meeting of which notice of the by-law has been given, delegate authority to a committee, with such restrictions or conditions as are specified in the by-law, to exercise any of the executive or administrative powers of the Board.
(2) In a by-law under subsection (1) provision may be made for appointing as a member of a committee a person not being a member of the Board so long as he is a mayor or alderman of a municipality within the Greater Vancouver Sewerage and Drainage District.
1971-22-20; 1994-52-12.
17 (1) Subject to the control of the Board, the affairs and business of the Corporation shall be under the management of a Commissioner (herein referred to as the "Commissioner").
(2) The first Commissioner shall be the person holding at the time of the coming into force of this Act the office of Chairman of the Vancouver and Districts Joint Sewerage and Drainage Board established by the "Vancouver and Districts Joint Sewerage and Drainage Act," and shall hold office until removed by the Board. Each succeeding Commissioner shall be appointed by the Board.
(3) The Commissioners shall be entitled to attend the meetings of the Board, and take part in the discussion, but not to vote.
(4) The Commissioner shall hold office continuously until removed by the Board, notwithstanding anything to the contrary contained in the "Municipal Superannuation Act" or any other Act.
1956-59-17; 1971-22-21,22.
18 In addition to the duties and powers established by the Board, the Secretary has the duties and powers of a regional district corporate officer.
2003-52-89.
19 The Board may appoint a solicitor and counsel of the Corporation, each to hold office during the pleasure of the Board.
1956-59-19; 1971-22-24.
20 In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of a regional district financial officer.
2003-52-89.
21 A process against the Corporation shall be served upon the Chairman or the Commissioner or the Secretary of the Corporation.
1956-59-21.
22 (1) The Secretary shall be the custodian of the corporate seal.
(2) The Secretary shall cause the corporate seal to be affixed to a document when required by law or by resolution of the Board.
1994-52-15.
Further Powers of the Corporation
24 The Corporation shall have power, within or without its area, at any time to enter upon any lands, streets, waters, or watercourses, without the consent of the owner thereof, for the purpose of making surveys and other examinations to determine whether or not the same are required in the carrying-out of its objects or the exercise of its powers.
1956-59-24; 1965-60-6.
25 The Corporation may from time to time enlarge, lessen, alter the course of, cover in, or otherwise improve any sewer or drain of the Corporation, and may discontinue, close up, or destroy any such sewer or drain that has, in the opinion of the Corporation, become unnecessary; but in such case compensation, or a sewer or drain as effectual, shall be provided for any municipality having a sewer or drain connected with the sewer or drain so discontinued, closed up, or destroyed.
1956-59-25.
26 (1) The Corporation shall have power to expropriate any land, watercourse, sewer, or drain within its area or without its area after notice has been given to the municipality in which the land is situate for any of the purposes of its objects.
(2) to (5) [Repealed 1987-23-73.]
1956-59-26; 1968-63-2; 1987-23-73.
27 (1) The Corporation may carry any sewer, drain, or other works through, across, or under any street, in such manner as not unnecessarily to obstruct or impede travel thereon, and may enter upon and dig up any street for the purpose of laying sewers, drains, or other works and of maintaining, repairing, and reviewing the same. In entering upon and digging up any street, the Corporation shall be subject to such reasonable regulations as may be made by the Council of the municipality wherein such street shall be situate. Before entering upon any street for the purpose of laying a sewer, drain, or other works, the Corporation shall give at least thirty days' notice of such contemplated action to such municipality, but it shall be lawful for such municipality to waive the giving of such notice or to shorten the period thereof.
(2) Whenever the Corporation shall dig up any street, it shall, so far as practicable, restore the same to as good a condition as the same was in before such digging began; and the Corporation shall at all times indemnify and save harmless the several municipalities within which such streets are situated against all damage which may be recovered against them respectively by reason of anything done or omitted by the Corporation, and shall reimburse them for all expenses which they may incur by reason of any defect or want of repair of any street caused by the construction of any of the sewers, drains, or other works, or by the maintaining or repairing of the same.
(3) No compensation other than as provided in this section shall be made by the Corporation in respect of anything done by the Corporation under this section.
1956-59-27.
28 The Corporation may close or may change the width, depth, grade, or direction of any watercourse, subject to the provisions of the Water Sustainability Act.
1956-59-28; 2014-15-170.
29 (1) A member municipality shall not construct a new sewer or drain or make any alteration, connection, or extension to an existing sewer or drain until it has submitted plans and particulars to the Corporation on forms supplied by the Corporation and the plans and particulars have been approved by the Corporation.
(2) Subject to the direction, control, and regulation of the Corporation, every member municipality shall connect its sewers and drains with a sewer or drain of the Corporation.
1956-59-29.
30 If a member municipality constructs a new sewer or drain, or alters, connects, or extends an existing sewer or drain, without the approval of the Corporation, or fails to connect any of its sewers or drains with a sewer or drain of the Corporation, the Corporation may, at any time after such construction, alteration, connection, extension, or failure has been discovered by the Corporation, give notice in writing to the municipality by whom such construction, alteration, connection, extension, or failure was made, requiring such municipality to carry out such works as the Corporation may deem necessary as a consequence of such construction, alteration, connection, extension, or failure; and if such notice is not complied with, the Corporation may do said works at the expense of the municipality in default, and may recover from such municipality the expense thereof in any Court of competent jurisdiction.
1956-59-30.
31 The Corporation may from time to time establish and fix the boundaries of the sewerage and drainage areas required to carry out its objects, and may from time to time disestablish or alter the boundaries of such sewerage and drainage areas.
1956-59-31.
32 The Corporation, on establishing a sewerage or drainage area, shall file in the Land Registry Office of the land registration district in which the lands comprised therein are situate a plan showing such sewerage or drainage area, and, on disestablishing or altering the boundaries of a sewerage or drainage area, shall in like manner file an amended plan showing the sewerage or drainage area as disestablished or altered. Each such plan or amended plan shall be sent to the member municipality in which the sewerage or drainage area is situate.
1956-59-32.
33 No facilities of the Corporation shall be constructed, no land shall be acquired, and no sewerage or drainage area shall be established unless the Corporation has received the report from the Commissioner, or the time for receiving the report has expired.
1956-59-33; 1971-22-26.
Financial
34.1 (1) Subject to subsection (1.1), the Corporation may, by by-law, establish reserve funds and for these purposes sections 188 (1) [establishment of reserve funds], 189 [use of money in reserve funds] and 191 [liability for use of money contrary to Act] of the Community Charter apply.
(1.1) For the purpose of subsection (1), a reference in section 189 (5) of the Community Charter to a fund required under section 188 (2) (a) of that Act is a reference to a fund established under section 58.6 of this Act.
(2) In addition to any amounts that may be paid into a reserve fund under subsection (1), amounts included in the annual budget for the purpose of a reserve fund may be paid into the fund.
1992-45-3; 1999-37-225; 2000-7-191; 2003-52-90.
35 The Corporation may, by resolution or by-law, borrow in the course of any year in anticipation of the collection of its revenue or its estimates for such year such sum of money as it may require to meet its lawful expenditures, by the issue of promissory notes or any similar form of obligation or security under the seal of the Corporation and signed by the Chairman or the Commissioner and the Treasurer or Assistant Treasurer, or signed by some other person authorized by resolution or by-law to sign the same, and each such promissory note or other obligation or security shall be valid and binding upon the Corporation according to its tenor; and the Board may, by by-law, resolution, or agreement, designate what revenues or estimates of the Corporation (if any) are charged with the repayment of such promissory notes or other form of obligation or security. Any promissory note or other form of obligation or security so issued may be in such form as the Corporation may from time to time adopt.
1956-59-35.
36 (1) Subject to subsections (1.1) and (2), the Corporation may, for the purpose of carrying out the objects of the Corporation, by by-law adopted with the approval of the inspector of municipalities, borrow money in the amounts and at the times that the Board considers expedient by the issue and sale of debentures or other securities.
(1.1) Debentures or other securities must not be issued unless a report of the Commissioner is received or the time for receiving the report has expired.
(2) No moneys shall be borrowed by the Corporation by the issue and sale of debentures or other securities under the authority of subsection (1) if the principal amount thereof when added to the aggregate principal amount of all other debentures or other securities issued by the Corporation under subsection (1) subsequent to the first day of April, 1956, would exceed an amount equal to six per centum of the total assessed valuation of the gross taxable lands and improvements within the area of the Corporation, including the University Endowment Lands, as shown on the last revised assessment rolls for the time being of the several member municipalities and of the University Endowment Lands; provided that nothing in this subsection contained shall in any way limit the power of the Corporation to borrow money and issue debentures or other securities under the authority of subsection (2) of section 7 or section 35, 40, or 45 of this Act.
(3) (a) Notwithstanding anything in this Act contained, every debt incurred and every debenture or other security issued by the Corporation under this Act is and shall be a direct, joint, and several obligation and liability of the Corporation and each and every member municipality, recoverable and enforceable at the suit of any creditor or holder of any debenture or other security in any Court of competent jurisdiction; provided that nothing in this subsection shall affect the rights of the Corporation and the member municipalities respectively as between themselves.
(b) Nothing contained in clause (a) hereof shall affect the rights of any creditor or holder of any debenture or other security of the Corporation in respect of debts incurred by the Corporation before the thirty-first day of March, 1968.
1956-59-36; 1959-101-3; 1968-63-3; 1971-22-27; 1997-25-14.
37 All debentures and other securities duly authorized to be issued by the Corporation shall, unless otherwise specially authorized or provided, be sealed with the seal of the Corporation and signed by the Chairman of the Board or a Commissioner. The signature of the Chairman or Commissioner may be engraved, lithographed, or otherwise mechanically reproduced on all the debentures and other securities, and the engraved, lithographed, or otherwise mechanically reproduced signature shall be deemed for all purposes the signature of the Chairman or Commissioner, as the case may be, and is binding upon the Corporation. Each debenture and other security shall be signed also by the Treasurer, Assistant Treasurer, Acting Treasurer, or some other person authorized by by-law to sign the same. Each coupon attached to a debenture or other security shall bear the signatures of the Chairman or a Commissioner and the Treasurer, Assistant Treasurer, Acting Treasurer, or some other person authorized by by-law to sign the same, and the signature of any such officer or other person, whether or not he has signed the debenture or other security to which the coupon is attached, may be engraved, lithographed, or otherwise mechanically reproduced on the coupons, and the engraved, lithographed, or otherwise mechanically reproduced signature shall be deemed for all purposes to be the signature of the officer or other person and is binding upon the Corporation.
1956-59-37; 1965-60-7.
38 Every by-law shall name a day when it is to take effect; and if no day is named, the same shall take effect on the day of the final passage thereof.
1956-59-38.
39 (1) Any by-law providing for the incurring of debt under this Act may provide for the issue of debentures or other securities in such amount as will realize net the sum required for the purpose for which the debt is to be incurred, bearing such rate of interest, payable in such currency, in such manner, at such place, at such time, and in such form, all as the Board may deem expedient and provide for in such by-law, and such debentures or other securities may be sold for such sum, whether the same is the face value or less or more than the face value thereof, and on such terms and conditions as the Board by by-law or resolution may determine.
(2) A by-law referred to in subsection (1) shall, in respect of debentures or other securities issued under the by-law,
(a) provide for raising sufficient money in each debenture year to pay, as it falls due, the interest payable under the debentures or other securities,
(b) where the entire principal amount of the debentures or other securities is not payable at one fixed date, provide for raising sufficient money in each debenture year to pay, as they fall due, the instalments of principal or principal amounts that become payable under the debentures or other securities,
(c) where the entire principal amount of the debentures or other securities is payable at a fixed date that is more than 5 years but less than 20 years after the date of the issue of the debentures or other securities, provide, subject to subsection (2.1), for raising the amount of money in each debenture year that the Board determines is necessary or desirable to establish and maintain a sinking fund to pay, on that fixed date, some or all of the principal secured by the debentures or other securities, and
(d) where the entire principal amount of the debentures or other securities is payable at a fixed date that is 20 years or more after the date of the issue of the debentures or other securities, provide for raising sufficient money to pay, on that fixed date, the full amount of principal secured by the debentures or other securities.
(2.1) The amount raised in each debenture year for a sinking fund established under subsection (2) (c) shall be not less than the amount that must be invested in each of 25 successive years at the rate of interest referred to in subsection (2.3) to realize, by the end of that 25 years, the amount that would be required to pay, in full, the principal amount secured by the debentures or other securities.
(2.2) Where the entire principal amount of debentures or other securities issued under a by-law referred to in subsection (1) is payable at a fixed date that is not more than 5 years after the date of the issue of the debentures or other securities, the Board may, but need not, provide in the by-law for raising the amount of money in each debenture year that the Board determines is necessary or desirable to establish and maintain a sinking fund to pay, on that fixed date, some or all of the principal secured by the debentures or other securities.
(2.3) The amount of money to be raised annually for a sinking fund created under this section shall be determined with reference to interest being paid on the sinking fund investment at a rate of not more than 5% per annum capitalized annually.
(2.4) The Board shall in each fiscal year review all of the sinking funds created under this section and determine whether additional money should be raised in the current debenture year to satisfy the requirements of this section.
(3) Any such by-law may provide that the Corporation shall have the right, at its option, to redeem the whole or, at any time or from time to time, any part of the debentures or other securities thereby authorized on any date in advance of the maturity thereof upon and subject to such terms and conditions as may be set forth in the by-law, subject, however, to the following provisions:—
(a) The by-law and every debenture or other security that is so redeemable shall specify the place of redemption and the price at which such debenture or other security may be so redeemed, which price may include such premium (if any) on redemption as the Board may determine:
(b) The principal of every debenture or other security that is so redeemable shall become due and payable on the date set for redemption thereof, and, from and after such date, interest shall cease to accrue thereon where provision is duly made for payment of the principal amount thereof, premium (if any), and interest to the date set for redemption:
(c) Notice of intention so to redeem shall be mailed at least thirty days prior to the date set for such redemption to any person in whose name a debenture or other security to be redeemed is registered at his address recorded at the office of the Corporation: Provided that accidental failure to mail any notice as aforesaid shall not invalidate or otherwise prejudicially affect the redemption of the debentures or other securities:
(d) At least thirty days prior to the date set for such redemption, notice of intention so to redeem shall be published in such manner and at such place as may be set out in the by-law.
(4) The Corporation shall not be bound to see to the execution of any trust, whether express, implied, or constructive, to which any of its debentures or other securities are subject.
1956-59-39; 1968-63-4; 1992-45-4.
40 In addition to the general borrowing powers provided for in section 36, the Corporation shall have power by by-law of the Board on receiving the report of the Commissioner or after the time for receiving the report has expired:—
(a) To borrow such sum as may be required to repay or refund any temporary security issued by the Corporation, and for such purpose to authorize the issue and sale of new temporary securities in such amounts as will realize net the sum required for the purpose aforesaid:
(b) To borrow such sum as may be required to repay or refund any temporary securities, and for such purpose to authorize the issue and sale of new debentures or other securities in such amounts as will realize net the sum required for the purpose aforesaid:
(c) To borrow such sum as may be required to provide for the redemption before maturity of any debentures or other securities which are issued subject to redemption before maturity, and for such purpose to authorize the issue and sale of new debentures or other securities in such amounts as will realize net the sum required for the purpose aforesaid after applying the amount of sinking fund on hand, if any, available for the redemption of such debentures or other securities:
(d) To borrow, for the purpose of repaying the principal amounts secured by debentures or other securities issued by the Corporation, an amount of money that, when added to the amount of sinking fund, if any, available for application to the indebtedness being repaid, is sufficient to permit that repayment, and to authorize the issue and sale of new debentures or other securities to secure that borrowing:
Provided that when debentures or other securities (including temporary securities) are repaid, refunded, or redeemed, they shall forthwith be cancelled and shall not be reissued.
1956-59-40; 1971-22-28; 1992-45-5; 1997-25-15.
41 A recital or declaration in a by-law authorized by this Act to the effect that the principal amount of the debentures or other securities authorized to be issued by such by-law is required to be borrowed to realize net the sum required for the purpose for which the debt is to be incurred shall be conclusive evidence of that fact.
1956-59-41.
42 All debentures or other securities of the Corporation shall be valid and binding upon the Corporation when in the hands of a bona fide purchaser, notwithstanding that any of the prescribed formalities in connection with the issue thereof may not have been complied with or that the purpose for which they are issued is not in substantial accordance with the report particularly mentioned in section 6.
1956-59-42.
43 All debentures or other securities sealed with the seal of the Corporation and signed as required by this Act and purporting to be issued in pursuance of any by-law of the Corporation shall, after the expiration of thirty days from the day such by-law takes effect, be valid and binding on the Corporation, and such by-law shall not be quashed or set aside on any ground whatsoever.
1956-59-43.
44 The certificate of the Secretary or Assistant Secretary of the Corporation, under the seal of the Corporation, that the issue of debentures or other securities has been authorized by by-law of the Board, and stating the date of the taking-effect of such by-law, shall be final and conclusive evidence of such authorization and the date of same, and it shall not be incumbent on any purchaser of the debentures or other securities or any of them, or his assigns, to examine into the validity or otherwise of the proceedings leading to the issue of said debentures or other securities.
1956-59-44.
45 Pending the sale of any of its debentures or other securities, or in lieu of the sale thereof, the Corporation may hypothecate or pledge such debentures or other securities for the purpose of borrowing moneys on the credit of the Corporation: Provided such hypothecation or pledging is duly authorized by by-law of the Board. The Corporation may make such agreement for the repayment of any such loan and interest thereon as it may deem expedient. The proceeds of every such loan shall be applied to the purposes for which the securities were authorized to be issued, but the lender shall not be bound to see to the application of such proceeds; and if the said debentures or other securities are subsequently sold, the proceeds from such sale shall be applied in the first instance in repaying the loan.
1956-59-45.
46 The proceeds of debentures or other securities shall be paid into a chartered bank to the credit of the Corporation, and shall be kept separate from other funds of the Corporation, and shall be used for the purpose intended by the by-law authorizing the issue of such debentures or other securities. Until required for their intended purpose, the said proceeds may from time to time be invested or reinvested by the Commissioner, with the approval of the Board, in any securities issued by Canada or any province thereof or in any securities the principal and interest of which are guaranteed by Canada or any province thereof.
1956-59-46; 1974-59-2.
47 The Province may guarantee, in the form and manner that may from time to time be prescribed by the Lieutenant-Governor in Council, the payment of both interest and principal of all debentures or other securities issued by the Corporation.
1956-59-47.
48 (1) All works, plant, and property of every nature whatsoever of the Corporation shall be, and they are hereby, charged, mortgaged, and hypothecated for the repayment of any sum which may be borrowed by the Corporation, as well as for the due and punctual payment of the interest thereon, and each and every holder of the debentures or other securities of the Corporation shall have a preferential charge, pledge, mortgage, or lien on the said works, plant, and property for securing the repayment of the principal amount of such debentures or other securities and the interest thereon.
(2) The holders of any debentures or other securities issued by the Corporation may enforce payment of arrears of principal or interest by the appointment of a receiver; but in order to authorize the appointment of a receiver in respect to the arrears of principal, the total amount owing to the debenture-holders by whom the application for a receiver is made shall not be less than five thousand dollars.
(3) The application for the appointment of a receiver shall be made to a Judge of the Supreme Court of British Columbia.
1956-59-48.
49 For greater certainty, it is hereby declared that any indebtedness incurred or created by the Corporation is not, and shall not be deemed to be, indebtedness of any municipality requiring recital in any municipal by-law for the creation of debts by the issue of debentures or otherwise, and no indebtedness of the Corporation shall be included in the general debt of a municipality for the purpose of determining its borrowing powers.
1956-59-49.
50A (1) For the purpose of computing the aggregate principal amount of debentures and other securities referred to in subsection (2) of section 36, one dollar in lawful money of the United States of America shall be deemed to be the equivalent of one dollar in lawful money of Canada in respect of all borrowings heretofore and hereafter made by the Corporation under the authority of this Act.
(2) For the purpose of settling the sum to be raised in each debenture-year for sinking fund under the provisions of section 39 in respect of debentures or other securities payable in United States dollars, one dollar in lawful money of Canada may be deemed to be the equivalent of one dollar in lawful money of the United States of America, such sum to be subject to review as in said section 39 provided.
1959-101-4.
51 Except as otherwise provided, moneys to the credit of any fund or funds may be invested or reinvested in
(a) securities of the Government of Canada or any province thereof;
(b) securities the principal and interest of which are guaranteed by the Government of Canada or any province thereof;
(c) securities of a regional district, or any of them;
(d) securities of the Municipal Finance Authority of British Columbia;
(e) investments guaranteed by any chartered bank; and
(f) deposits in, or shares or other evidences of indebtedness of, a credit union incorporated under the Credit Unions Act.
1974-59-2.
52 The debentures and other securities of the Corporation shall be deemed to be securities in which trustees having trust moneys in their hands, which it is their duty to invest at interest, shall be at liberty, at their discretion, unless expressly forbidden by the instrument (if any) creating the trust, to invest.
1956-59-52.
Annual Estimate
53 On or before the thirty-first day of March in each year the Corporation shall cause a detailed estimate to be prepared of the sums required to meet the total amount of all the expenditures and financial obligations that the Corporation will be required to make or meet during each year, including necessary and appropriate reserves and any deficit consequent upon the Corporation's estimate in any former year having been less than the actual amount of the expenditures and financial obligations of such year, herein called the "annual estimate."
1956-59-53; 1994-52-17.
54 When its annual estimate is prepared, the Corporation shall forthwith apportion the sums required therefor amongst its member municipalities in accordance with their respective liabilities therefor as determined by the Corporation pursuant to this Act and issue and deliver to each member municipality a precept under its seal, signed by the Commissioner or the Chairman or other person acting in his place for such purpose under the authority of the Board, setting forth the amount determined to be paid by each member municipality to the Corporation.
1956-59-54.
55 (1) The apportionment of the annual estimate to each member municipality shall be determined in accordance with this section.
(2) The amount required relating to a sewerage or drainage area that is entirely within a municipality shall be apportioned to that municipality, unless a by-law under subsection (4) applies.
(3) The amount required relating to a sewerage or drainage area that includes all or some of 2 or more municipalities shall be apportioned to those municipalities on the basis of the converted value of land and improvements in the area unless a by-law under subsection (4) applies.
(4) For a sewerage or drainage area referred to in subsection (2) or (3), the Board may, by by-law, establish a different method of apportionment of costs among the member municipalities.
1994-52-18; 1999-37-227; 2000-7-191; 2003-52-92; 2006-3-6.
56 The sums of money to be paid by the several member municipalities to the Corporation in any year pursuant to this Act shall be due and payable on the fifteenth day of August in such year, and, if not paid on the due date, shall bear interest therefrom until the date of payment at the rate of six per centum per annum.
1956-59-56.
57 (1) All money due and payable by a municipality to the Corporation pursuant to this Act shall, if not paid when due, be recoverable at the suit of the Corporation against the municipality in any Court of competent jurisdiction, and the Corporation may also enforce payment thereof by the appointment of a receiver of the rates, taxes, levies, and other revenues of the defaulting municipalities. The powers conferred upon the Corporation by this section for the recovery and enforcement of payment of money due and payable to it by a municipality may be exercised separately or concurrently or cumulatively.
(2) Any such receiver may be appointed by a Judge of the Supreme Court of British Columbia upon the application of the Corporation made in a summary manner.
1956-59-57.
58 (1) Any receiver appointed pursuant to section 57 may examine the assessment rolls of the defaulting municipality, and may, in like manner as rates are struck for general municipal purposes, but without limiting the amount of the rate, strike a rate in the dollar sufficient to cover the amount of money due and payable by the municipality to the Corporation, with such addition to same as the receiver deems sufficient to cover interest and his own fees and costs up to the time when such rate will probably be available.
(2) Such receiver shall thereupon issue a precept under his hand directed to the collector of the defaulting municipality, and shall annex to the precept the roll of such rate, and shall by such precept, after reciting his appointment and that the municipality has neglected to satisfy its indebtedness to the Corporation, and referring to the roll annexed to the precept, command said collector to levy such rate forthwith.
(3) In case at the time of levying such rate the said collector has a general rate roll delivered to him, he shall add a column thereto headed "Greater Vancouver Sewerage and Drainage District Arrears Rate," and shall insert therein the amount in such precept required to be levied on each person respectively, and shall levy the amount of such rate struck by the said receiver as aforesaid, and shall, with all reasonable expedition, return to the said receiver the precept with the amount levied thereon.
(4) The receiver shall, after satisfying all indebtedness of the defaulting municipality to the Corporation and all his own fees and costs, pay any surplus within ten days after receiving same to the municipality for its general purposes.
(5) Any such rate struck and levied in pursuance of this Act shall be deemed to be delinquent at such time as it would become so if it were a tax levied by the defaulting municipality, and each person against whom such rate is levied shall be liable to pay the same in like manner as if the said rate were a tax levied by the municipality against such person, and the municipality shall enforce the collection of the said rate in the same manner as it may enforce the collection of its taxes, and for such purpose the said rate shall be deemed to be a tax levied by the municipality.
(6) The officers of the defaulting municipality shall, for all purposes connected with the carrying into effect, or permitting or assisting the receiver to carry into effect, the provisions of this Act with respect to the striking, levying, and collecting of the said rate, be deemed to be officers of the Court appointing the receiver, and as such shall be amenable to the Court, and may be proceeded against by attachment, or otherwise, to compel them to perform their duties hereby imposed upon them.
1956-59-58; 1997-25-16; 1998-34-258.
Development Cost Charges
58.1 In sections 58.1 to 58.6:
"capital costs" includes
(a) planning, engineering and legal costs directly related to providing, constructing, altering or expanding sewerage facilities of the Corporation, and
(b) interest costs directly related to those activities that are approved by the inspector of municipalities to be included as capital costs;
"development" means
(b) the construction, alteration or extension of a building or structure for which a building permit is obtained;
"eligible development" means development that is eligible in accordance with an applicable by-law or regulation under section 58.2 as being for one or more of the following categories:
(a) not-for-profit rental housing, including supportive living housing;
(b) for-profit affordable rental housing;
(c) a subdivision of small lots that is designed to result in low greenhouse gas emissions;
(d) a development that is designed to result in a low environmental impact;
"sewerage area" means a sewerage and drainage area established under section 31;
"sewerage facility" means any work, service or plant of the Corporation for conveying, disposing of or treating sewage or waste water.
1996-16-2; 2000-7-203; 2008-23-2.
58.2 (1) Subject to an agreement under section 58.3, the Corporation may, by by-law, impose development cost charges on every person who obtains from a member municipality
(a) approval of a subdivision, or
(b) a building permit authorizing the construction, alteration or extension of a building or structure.
(2) The purpose for which development cost charges may be imposed under subsection (1) is to provide funds to assist in paying the capital costs of providing, constructing, altering or expanding sewerage facilities to service development within the area of the Corporation, excluding capital costs incurred before 1995 and excluding the portion of capital costs charged by the Corporation to its member municipalities under section 54.
(3) A development cost charge is payable under a by-law under subsection (1) unless one or more of the following apply:
(a) the development will not impose an additional burden on a sewerage facility;
(b) a development cost charge under this Act has previously been paid for the same development unless, as a result of further development, an additional burden is imposed on a sewerage facility;
(c) the building permit authorizes the construction, alteration or extension of a building or other structure, or part of a building or other structure, that is, or will be, after the construction, alteration or extension, exempt from taxation under section 220 (1) (h) [statutory exemption of building for public worship] of the Community Charter;
(d) subject to a by-law under subsection (3.1) (a), the building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,
(i) contain fewer than 4 self-contained dwelling units, and
(ii) be put to no other use other than the residential use in those dwelling units;
(e) the value of the work authorized by the building permit does not exceed, as applicable,
(i) $50 000, if no by-law under subsection (3.1) (b) or regulation under subsection (3.2) (a) applies,
(ii) the amount prescribed under subsection (3.2) (a), if no by-law under subsection (3.1) (b) applies, or
(iii) the amount established by by-law under subsection (3.1) (b).
(3.01) A development cost charge is not payable under a by-law under subsection (1) in relation to the construction, alteration or extension of self-contained dwelling units in a building authorized under a building permit if
(a) subject to a by-law under subsection (3.1) or a regulation under subsection (3.2), each unit is no larger in area than 29 square metres, and
(b) each unit is to be put to no use other than residential use in those dwelling units.
(3.1) The Corporation may, in a by-law under subsection (1), do any or all of the following:
(a) provide that a charge is payable under the by-law in relation to a building permit referred to in subsection (3) (d);
(b) establish an amount for the purposes of subsection (3) (e) (iii) that is greater than the amount otherwise applicable under subsection (3) (e), subject to the maximum permitted under subsection (3.2) (b);
(c) establish an area for the purposes of subsection (3.01) (a) that is greater than the area otherwise applicable, subject to the maximum permitted under subsection (3.2) (d).
(3.2) The minister may, by regulation,
(a) prescribe an amount for the purposes of subsection (3) (e) (ii),
(b) prescribe a maximum value that may be established under subsection (3.1) (b), and
(c) prescribe an area for the purpose of subsection (3.01) (a), and
(d) prescribe a maximum area that may be established under subsection (3.1) (c).
(3.3) Subject to a by-law under subsection (3.4) and an applicable regulation under subsection (3.5), the Corporation may waive or reduce a charge under subsection (1) for an eligible development.
(3.4) For the purposes of subsection (3.3), the Corporation, by by-law,
(a) must establish what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of development described in the definition of "eligible development" in section 58.1,
(b) must establish the amount or rates of reduction for an eligible development, which may be different for different categories of eligible development described in the definition of "eligible development" in section 58.1 or different classes of eligible development established in the by-law, and
(c) may establish the requirements that must be met in order to obtain a waiver or reduction under subsection (3.3) and the conditions on which such a waiver or reduction may be granted.
(3.5) The minister may make regulations
(c) establishing criteria for determining
what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in the definition of "eligible development" in section 58.1.
(4) Despite a by-law under subsection (1), if
(a) an owner has provided or paid the cost of providing sewerage facilities that are
(i) outside the boundaries of land being subdivided or developed, and
(ii) included in the calculations used to determine the amount of a development cost charge, and
(b) this provision or payment was done with the approval of the Corporation,
the cost of the sewerage facilities is to be deducted from the development cost charges under this section that are applicable to the development.
(5) A development cost charge that is payable under a by-law under this section must be paid at the time of the approval of the subdivision or the issue of the building permit, as the case may be.
(6) Despite subsection (5), the minister may, by regulation in respect of all or different classes of developments, authorize the payment of development cost charges in instalments and prescribe conditions under which the instalments may be paid and, for this purpose, unless a regulation under this provision applies to the Corporation, a regulation under section 559 (5) of the Local Government Act applies as if it were a regulation under this section.
(7) Each member municipality must collect and remit the development cost charges imposed under subsection (1) to the Corporation in the manner provided for in the by-law or, if applicable, in accordance with a regulation referred to in subsection (6).
(8) Each member municipality must
(a) maintain records in accordance with a by-law under subsection (1), and
(b) permit an employee or agent of the Corporation to inspect and make copies of these records.
(9) Sections 511 [bylaws adopted after application for subdivision submitted] and 568 [bylaws adopted after application for rezoning, development permit or building permit submitted] of the Local Government Act apply to a by-law under subsection (1) of this section.
1996-16-2; 1999-37-228; 2000-7-191; 2003-52-93; 2006-3-7; 2008-23-3, 4; 2010-6-104; RS2015-1-RevSch.
58.3 (1) The Corporation and a member municipality may enter into an agreement under which
(a) the Corporation agrees that all, some or some portion of the development cost charges under section 58.2 that would otherwise apply are not required to be collected and remitted by the member municipality, and
(b) the municipality agrees to pay to the Corporation an amount equal to the development cost charges given up by the agreement.
(2) If an agreement under subsection (1) applies, the municipality must make payments to the Corporation in accordance with the agreement, and for the purposes of recovering these costs, the municipality may levy and impose one or more of the following as if they were taxes and charges under the Community Charter or Vancouver Charter, as applicable:
(a) a rate on land and improvements;
(c) other charges provided in the applicable Act.
1996-16-2; 1999-37-229; 2000-7-191; 2003-52-94.
58.4 (1) A by-law that imposes a development cost charge must specify the amount of the charge in a schedule or schedules of development cost charges.
(2) Subject to subsection (3), development cost charges may be different in relation to one or more of the following:
(b) different classes of sewerage facilities;
(c) different areas within a sewerage area;
(e) different capital costs as they relate to different classes of development;
(f) different sizes or different numbers of lots or units in a development.
(3) Development cost charges in a schedule must be similar for all developments within a sewerage area that impose similar capital cost burdens on the Corporation.
(4) In setting development cost charges under section 58.2, the Corporation
(i) future land use patterns and development and the phasing of works and services, and
(ii) how development designed to result in a low environmental impact may affect the capital costs of infrastructure referred to in section 58.2 (2);
(b) may consider whether the charges
(i) are excessive in relation to the capital cost of prevailing standards of service,
(iii) will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land, or
(iv) will discourage development designed to result in a low environmental impact
in the area of the Corporation.
(a) provide to every member municipality, and
(b) make available to the public on request,
the considerations, information and calculations used to determine a schedule referred to in subsection (1), except that any information respecting the contemplated acquisition costs of specific properties need not be provided.
1996-16-2; 2008-23-5.
58.5 (1) A by-law that imposes a development cost charge must not be adopted until it has been approved by the inspector of municipalities.
(2) The inspector may refuse to grant approval under subsection (1) if the inspector determines that
(a) the development cost charge is not related to capital costs attributable to projects included in the long range plan of the Corporation, or
(b) the Corporation has not properly considered the matters referred to in section 58.4 (4) (a).
(3) The inspector may revoke an approval under subsection (1) in respect of all or part of a by-law that imposes a development cost charge.
(4) If the inspector revokes an approval, the part of the by-law in respect of which the revocation applies has no effect until the Corporation amends the by-law and obtains the inspector's approval of the amendment.
1996-16-2.
58.6 (1) Amounts received by the Corporation under section 58.2 and 58.3 must be deposited by the Corporation in a separate special development cost charge reserve fund.
(2) Money in the development cost charge reserve fund, together with interest on it, may be used only to pay
(a) the capital costs of providing, constructing, altering or expanding sewerage facilities that relate to developments within the area of the Corporation,
(b) principal and interest on a debt incurred by the Corporation as a result of an expenditure under paragraph (a), or
(c) a person subject to a development cost charge for some or all of the capital costs the person incurred in providing, constructing, altering or expanding sewerage facilities that relate to developments within the area of the Corporation if
(i) the sewerage facilities were completed under an agreement between the person and the Corporation, and
(ii) the sewerage facilities are included in the calculations used to determine the amount of that development cost charge.
(3) Authority to make payments under subsection (2) must be authorized by by-law.
(5) The inspector of municipalities may require the Corporation to provide the inspector with a report on
(a) the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies, and
(b) waivers or reductions under section 58.2 (3.3).
(6) After reviewing a report under subsection (5), the inspector may order the transfer of funds from a development cost charge reserve fund to a capital works reserve fund established under section 34.1.
1996-16-2; 1999-37-230; 2000-7-191; 2003-52-95; 2008-23-6; 2010-6-105.
Appeal
59 (1) The council of a member municipality may make a complaint to the inspector of municipalities regarding any by-law, order, decision or action of the Board.
(2) Section 765 (2) to (7) of the Local Government Act applies in relation to a complaint under subsection (1) of this section.
(3) Section 764 of the Local Government Act applies to the Corporation as if it were a municipality.
(4) A person conducting an inquiry under this section may order that, as an exception to section 764 (4) of the Local Government Act, all or part of the costs of the inquiry must be paid by the Corporation or a member municipality.
1997-25-17; 2000-7-191; RS2015-1-RevSch.
Accounts
60 (1) An annual or more frequent audit shall be had by a person to be named by the Board who is
(a) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(b) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(c) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit.
(1.1) The remuneration of a person named by the Board under subsection (1) shall be paid out of the funds of the Corporation.
(2) The Corporation shall keep, or cause to be kept, books of account of the receipts and disbursements for and on account of the business of the Corporation, and, generally, such information as may be required in order that all accounts relating to the Corporation may be properly audited; and the Corporation shall annually, on or before the first day of April in each year, cause to be prepared an audited statement of the affairs of the Corporation, showing in detail its revenues and expenditures for the preceding fiscal year and its assets and liabilities, a copy of which, together with a copy of the auditor's report, shall be forwarded to each member municipality and to the Minister of Municipal Affairs.
(3) The accounts and books of the Corporation shall be at all reasonable times open to inspection by the member municipalities.
1956-59-60; 2015-1-93; 2018-36-25.
61 It shall be lawful for the Corporation, from its funds:—
(a) To contribute or pay the full amount or any portion of any premium in respect of any benefit, accident, or sickness or life insurance policy, or scheme of group insurance, for the purpose of insuring all or any employees of the Corporation against sickness, accident, or death, as the case may be; and
(b) To contribute or pay the full amount or any portion of the premium arising under any contract for medical services provided on an employee group basis for employees or employees and their dependents.
1956-59-61.
General
62A Unless the context otherwise requires, words directing or empowering any officer or functionary of the Corporation to do any act or thing or otherwise applying to him by his name of office include his successors in such office.
1965-60-8.
64 No member of the Board nor the Commissioner or other salaried officer of the Corporation shall be interested, either in his own name or in the name of or as agent for any other person, either directly or indirectly, in any contract entered into or work done for or materials supplied to the Corporation; and the Commissioner shall not derive any profit or emolument whatsoever from the funds of the Corporation except as herein specifically provided.
1956-59-64.
65 Land, improvements and works owned or held by the Corporation within the area of the Corporation are exempt from taxation under the Community Charter, the Local Government Act, the Taxation (Rural Area) Act and the Vancouver Charter if the land, improvements or works are used for the purposes of the objects of the Corporation.
2002-48-12; 2003-52-96.
66 (1) The Lieutenant-Governor in Council shall have absolute power and authority, upon the request of a municipality which is not a member of the Corporation, to order or refuse to order such municipality to be a member of the Corporation.
(2) Any Order of the Lieutenant-Governor in Council made under this section shall fix the terms and conditions (if any), and shall name the day on which the municipality shall become and be a member of the Corporation.
(3) Upon a municipality becoming a member of the Corporation, the area of the Corporation shall ipso facto include the area within the territorial limits of such municipality.
1956-59-66.
67 All property of any nature whatsoever of the Vancouver and Districts Joint Sewerage and Drainage Board constituted by the "Vancouver and Districts Joint Sewerage and Drainage Act" is hereby, on the day upon which this Act comes into force, vested in the Corporation.
1956-59-67.
68 (1) All employees of the Corporation on the date this subsection comes into force shall become and be employees of the Metro Vancouver Regional District, and the Board may enter into such agreements with the Metro Vancouver Regional District as may be necessary to carry out this section.
(2) Notwithstanding the repeal of the "Vancouver and Districts Joint Sewerage and Drainage Act," the provisions of the "Municipal Superannuation Act" shall continue to apply to the said employees, and for the purposes of the "Municipal Superannuation Act" all obligations of the said Vancouver and Districts Joint Sewerage and Drainage Board in respect of the said Board and said employees shall be assumed by the Corporation.
(3) Except as particularly provided in section 17 of this Act, the "Municipal Superannuation Act" shall apply to the Commissioner and all employees of the Corporation other than its casual employees.
1956-59-68; 1971-22-29; 2018-23-53.
68A When the Corporation acquires any estate or interest in land less than the fee-simple, including rights-of-way, that were or are granted or created by Her Majesty the Queen in right of the Province or of Canada, or by any public officer or public corporate body or department of government of the Province or Canada under any Statute or regulation, the documents effecting the acquisition shall be transmitted to the proper Land Registry Office; and when the documents are received, the Registrar of Titles
(a) shall enter Her Majesty the Queen in right of the Province or in right of Canada, as the case may be, in the register as the owner of the land described in the documents; and,
(b) upon application being made by the Corporation for the registration of the Corporation's title to the estate or interest in land, and upon compliance with the Land Registry Act and this section, shall register the title by endorsing a memorandum thereof on the register.
1965-60-9.
Saving Provisions
69 (1) In this section, unless the context otherwise requires:—
"Past Board" means the Vancouver and Districts Joint Sewerage and Drainage Board established under the repealed Act:
"Repealed Act" means the "Vancouver and Districts Joint Sewerage and Drainage Act" repealed by this Act:
"Sewerage district" means the sewerage district as it existed under the repealed Act on the day upon which this Act comes into force.
(2) On the day upon which this Act comes into force, all the rights of the past Board existing on that day against any person, known or unknown, are hereby vested in the Corporation, and the Corporation shall become and be liable for all the obligations of the past Board existing on that day, and any person having a right of action against the past Board on that day shall have the right to proceed against the Corporation in the like manner, to the like extent, and within such time as he would have been able to proceed against the past Board.
(3) On the day upon which this Act comes into force, all the debentures and other securities of the past Board outstanding on that day shall be deemed to be debentures or securities of the Corporation, and the principal and interest secured thereby shall be payable by the Corporation according to their tenor, and shall also constitute an indebtedness of such of its member municipalities as were within the sewerage district on that day, repayable by each such municipality in the proportion and manner prescribed in the repealed Act, and the provisions of section 34A of the repealed Act shall continue to apply to such municipalities: Provided, however, that no works, plant, or property of any nature whatsoever of the Corporation which is constructed or acquired by the Corporation and is situate outside the territorial limits of the sewerage district shall be, or shall be deemed to be, charged, mortgaged, or hypothecated for the repayment of any of the moneys secured by the said debentures or other securities of the past Board; and provided further that no municipality that was not within the sewerage district shall have any liability for the payment of the moneys secured by the said debentures or other securities of the past Board. Until all moneys secured by the said debentures or other securities of the past Board have been paid in full, the Corporation and the municipalities that were in the sewerage district shall continue to and shall raise the money required for the payment of such moneys in the same manner as the past Board would have raised such money if it were in existence, and for such purpose the provisions of sections 35, 35A, 35B, 35C, 35D, 35E, 35F, 35G, 35H, 35I, and 35J of the repealed Act shall apply to the Corporation as if it were the past Board and to the municipalities that were in the sewerage district as if the said repealed Act had not been repealed; and any detailed or annual estimate prepared by the Corporation for the purposes of this section shall be apart and distinct from the annual estimate referred to in section 53 of this Act; and any money held by the Minister of Finance for the retirement of the past Board's debentures or other securities shall be kept apart from any money held by the Minister of Finance in trust for the retirement of the debentures and securities of the Corporation, and shall be used and administered by the said Minister in the same manner and for the same purposes as it would have been used and administered by the said Minister as if the repealed Act had not been repealed. Any guarantee given by the Province under the repealed Act for the payment of the principal and interest of the said debentures or other securities of the past Board shall remain in full force and effect as if the repealed Act had not been repealed.
(4) Until and only until the member municipalities have appointed their first representatives to the Board pursuant to the provisions of section 8 of this Act, each of the municipalities that were in the sewerage district shall be represented on the Board by their respective representatives on the past Board, and the other member municipalities shall be represented on the Board by their respective Mayors or Reeves, as the case may be.
(5) The "Vancouver and Districts Joint Sewerage and Drainage Act" is repealed.
1956-59-69.
69A For the purpose of facilitating the conduct of the affairs of the Corporation, the Board may delegate by by-law to the Commissioner such of its executive or administrative powers of the Corporation as the Board may deem expedient.
1971-22-30.
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