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“Point in Time” Act Content

GREATER VANCOUVER SEWERAGE AND DRAINAGE DISTRICT ACT

[SBC 1956] CHAPTER 59

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
6December 4, 2006
7January 1, 2004
 January 1, 2016
7AJuly 8, 2004
 May 31, 2018
7BJanuary 1, 2004
 January 1, 2016
7CJanuary 1, 2004
 January 1, 2016
8January 1, 2004
 January 1, 2004
 March 28, 2006
 January 1, 2016
 May 31, 2018
10May 31, 2018
14January 1, 2004
 January 1, 2004
 March 28, 2006
 March 28, 2006
 January 1, 2016
 May 31, 2018
18January 1, 2004
20January 1, 2004
28February 29, 2016
34.1January 1, 2004
50January 1, 2004
55January 1, 2004
 March 28, 2006
58.1April 7, 2006
 May 29, 2008
58.2January 1, 2004
 March 28, 2006
 March 28, 2006
 May 29, 2008
 May 29, 2008
 May 29, 2008
 October 1, 2008
 January 1, 2011
 January 1, 2016
58.3January 1, 2004
58.4May 29, 2008
 May 29, 2008
58.6January 1, 2004
 May 29, 2008
 June 3, 2010
59January 1, 2016
60June 24, 2015
 October 31, 2018
 October 31, 2018
65December 9, 2003
 January 1, 2004
68May 31, 2018

  Section 6 (11) (part) BEFORE amended by BC Reg 337/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 337/2006).

(11)  In this section, "university site" means all lands within the following described areas of Group 1, New Westminister District:

  Section 7 BEFORE amended by 2003-52-84, effective January 1, 2004 (BC Reg 465/2003).

(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, with the assent of the owner-electors of the municipality obtained in accordance with the procedures set forth in the Local Government Act or the Vancouver Charter, as the case may be 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. `Owner-electors' as used in this subsection shall have the same meaning as the word is given by the Local Government Act or the Vancouver Charter, as the case may be.

  Section 7 (1b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(1b) Sections 186 and 187 of the Local Government Act apply to the land that is proposed to be alienated under subsection (1) (c).

  Section 7A (7) BEFORE amended by 2003-53-151, effective July 8, 2004 (BC Reg 317/2004).

(7)  For the purposes of planning for, regulating, storing and managing solid waste and recyclable material under the Waste Management Act, the Corporation is deemed to be a regional district.

  Section 7A (3) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).

(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 Greater Vancouver Regional District.

  Section 7B (3) BEFORE amended by 2003-52-85, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  Section 267 of the Local Government Act applies to a by-law under this section as if the Corporation were a municipality.

  Section 7B (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(3) Section 267 of the Local Government Act applies to a by-law under this section as if the Corporation were a regional district.

  Section 7C (3) BEFORE amended by 2003-52-86, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  Section 267 of the Local Government Act applies to a by-law under this section as if the Corporation were a municipality.

  Section 7C (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(3) Section 267 of the Local Government Act applies to a by-law under this section as if the Corporation were a regional district.

  Section 8 (5) BEFORE amended by 2003-52-87, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(5)  Sections 230 and 231 (1) to (8) of the Local Government Act applies to the Board and, to the extent that they are not inconsistent with this Act, sections 791 (15), 792 and 793 of the Local Government Act apply to the Board.

  Section 8 (5.1) was added by 2003-52-87, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 8 (5) BEFORE amended by 2006-3-4, effective March 28, 2006 (Royal Assent).

(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 791 (15), 792 and 793 of the Local Government Act apply to the Board.

  Section 8 (4), (5) and (7) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(4) The members of the Board have the same number of votes to which they are entitled as members of the board of the Greater Vancouver Regional District or to which they would be entitled if they were members of that board and, for these purposes, section 783 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 237.1, 791 (15), 792 and 793 of the Local Government Act apply to the Board.

(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 786 and 787 of the Local Government Act apply as if an alternate member were an alternate director.

  Section 8 (1), (2), (3) and (4) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).

(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 Greater 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 Greater 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 Greater Vancouver Regional District shall be a member of the Board as if the municipality were a member municipality of the Greater 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.

(4) The members of the Board have the same number of votes to which they are entitled as members of the board of the Greater 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.

  Section 10 (1), (2), (3) and (4.1) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).

(1) Subject to subsections (2) and (3), the Chairman, Deputy Chairman, Secretary, Treasurer, and other officers and officials for the time being of the Greater 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 Greater 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 Greater Vancouver Regional District as Chairman of the Board of Administration, the Board shall elect a Deputy Chairman.

(4.1) A member of the Board may not receive remuneration, reimbursement or expenses from more than one of the Greater 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.

  Section 14 (2) BEFORE amended by 2003-52-88, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(2)  Sections 257 (1), (3) and (5) and 794 (3) and (4) of the Local Government Act apply to the Corporation.

  Section 14 (2.1) was added by 2003-52-88, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 14 (2.1) BEFORE amended by 2006-3-5(a), effective March 28, 2006 (Royal Assent).

(2.1)  Bylaws of the Corporation must be available for public inspection.

  Section 14 (3) BEFORE amended by 2006-3-5(b), effective March 28, 2006 (Royal Assent).

(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 bylaw of the Greater Vancouver Regional District under section 794 of the Local Government Act.

  Section 14 (2) and (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(2) Section 135 (1), (3), (4) and (6) [requirements for passing bylaws: 3 readings, order of approvals, signing] of the Community Charter and section 794 (3) of the Local Government Act apply to the Corporation.

(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 Greater Vancouver Regional District under section 794 of the Local Government Act.

  Section 14 (3) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).

(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 Greater Vancouver Regional District under section 225 of the Local Government Act.

  Section 18 BEFORE re-enacted by 2003-52-89, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

18  In addition to the duties and powers established by the Board, the Secretary has the duties and powers of the municipal officer assigned responsibility under section 198 of the Local Government Act.

1994-52-13; 1998-34-256; 2000-7-191.

  Section 20 BEFORE re-enacted by 2003-52-89, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

20  In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of the municipal officer assigned responsibility under section 199 of the Local Government Act.

1994-52-14; 1998-34-257; 2000-7-191.

  Section 28 BEFORE amended by 2014-15-170, effective February 29, 2016 (BC Reg 35/2016).

Change of watercourse

28   The Corporation may close or may change the width, depth, grade, or direction of any watercourse, subject to the provisions of the "Water Act."

1956-59-28.

  Section 34.1 BEFORE amended by 2003-52-90, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Reserve and special reserve funds

34.1  (1)  The Corporation may, by by-law, establish reserve funds and special reserve funds, and sections 338, 496, 497, 499 (1), (2), (3), (4) (b) and (c) and (5), 501 and 504 of the Local Government Act apply to the Corporation and to any fund so established.

(2)  In addition to any amounts that may be paid into a special reserve fund under subsection (1), amounts included in the annual budget for the purpose of a special reserve fund may be paid into the fund.

1992-45-3; 1999-37-225; 2000-7-191.

  Section 50 BEFORE repealed by 2003-52-91, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Sinking funds

50  Division 1 of Part 13 of the Local Government Act applies to sinking funds of the Corporation.

1999-37-226, eff. 28 Sep 1999 (BC Reg 301/99); 2000-7-191, eff. 12 Jun 2000 (RA).

  Section 55 (3) BEFORE amended by 2003-52-92, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(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, within the meaning of the Local Government Act, unless a bylaw under subsection (4) applies.

  Section 55 (3) BEFORE amended by 2006-3-6, effective March 28, 2006 (Royal Assent).

(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 bylaw under subsection (4) applies.

  Section 58.1 definition of "capital costs" BEFORE amended by 2000-7-203, effective April 7, 2006 (BC Reg 85/2006).

"capital costs" includes planning, engineering and legal costs directly related to providing, constructing, altering or expanding sewerage facilities of the Corporation;

  Section 58.1 definition of "eligible development" was added by 2008-23-2, effective May 29, 2008 (Royal Assent).

  Section 58.2 (3) (c) BEFORE amended by 2003-52-93, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(c) the building permit authorizes the construction, alteration or extension of a building or structure, or part of a building or structure, that is, or will be, after the construction, alteration or extension, exempt from taxation under section 339 (1) (g) of the Local Government Act;

  Section 58.2 (3) (d) and (e) BEFORE amended by 2006-3-7(a), effective March 28, 2006 (Royal Assent).

(d) 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 use other than the residential use in those dwelling units;

(e) the value of the work authorized by the building permit does not exceed $50 000 or another amount which the minister may prescribe by regulation.

  Section 58.2 (3.1) and (3.2) were added by 2006-3-7(b), effective March 28, 2006 (Royal Assent).

  Section 58.2 (3.1) BEFORE amended by 2008-23-4(a), effective May 29, 2008 (Royal Assent).

(3.1)  The Corporation may, in a by-law under subsection (1), do either or both 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).

  Section 58.2 (3.2) (c) and (d) were added by 2008-23-4(b), effective May 29, 2008 (Royal Assent).

  Section 58.2 (3.3) to (3.5) were added by 2008-23-4(c), effective May 29, 2008 (Royal Assent).

  Section 58.2 (3.01) was added by 2008-23-3, effective October 1, 2008.

  Section 58.2 (9) BEFORE amended by 2010-63-104, effective January 1, 2011.

(9)  Section 943 of the Local Government Act applies to a by-law under subsection (1) of this section.

  Section 58.2 (6) and (9) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(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 933 (6) of the Local Government Act applies as if it were a regulation under this section.

(9) Sections 937.001 [bylaws adopted after application for building permit submitted] and 943 [bylaws adopted after application for subdivision submitted] of the Local Government Act apply to a by-law under subsection (1) of this section.

  Section 58.3 (2) BEFORE amended by 2003-52-94, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(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 Local Government Act or Vancouver Charter, as applicable:

  Section 58.4 (4) (a) BEFORE amended by 2008-23-5(a), effective May 29, 2008 (Royal Assent).

(a) must consider future land use patterns and development and the phasing of works and services, and

  Section 58.4 (4) (b) (iv) was added by 2008-23-5(b), effective May 29, 2008 (Royal Assent).

  Section 58.6 (4) BEFORE repealed by 2003-52-95, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(4)  Section 501 of the Local Government Act applies to a fund established under subsection (1) of this section, subject to the restriction that a by-law authorizing the transfer of an amount from the fund must receive the approval of the minister.

  Section 58.6 (5) BEFORE amended by 2008-23-6, effective May 29, 2008 (Royal Assent).

(5)  The inspector of municipalities may require the Corporation to provide the inspector with a report on the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies.

  Section 58.6 (2) (c) was added by 2010-6-105, effective June 3, 2010 (Royal Assent).

  Section 59 (2), (3) and (4) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(2) Section 846 (3) to (8) of the Local Government Act applies in relation to a complaint under subsection (1) of this section.

(3) Section 1021 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 1021 (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.

  Section 60 (1) BEFORE amended by 2015-1-93, effective June 24, 2015 (BC Reg 114/2015).

(1) An annual or more frequent audit shall be had by a chartered accountant to be named by the Board, whose remuneration shall be paid out of the funds of the Corporation.

  Section 60 (1) BEFORE amended by 2018-36-25, effective October 31, 2018 (Royal Assent).

(1) An annual or more frequent audit shall be had by a chartered professional accountant to be named by the Board, whose remuneration shall be paid out of the funds of the Corporation.

  Section 60 (1.1) was added by 2018-36-25, effective October 31, 2018 (Royal Assent).

  Section 65 BEFORE re-enacted by 2002-48-12, effective December 9, 2003 (BC Reg 457/2003).

65  (1)  All land and personal property owned by the Corporation, or held, occupied, or used by it, shall be exempt from taxation under the Taxation Act.

(2)  Notwithstanding anything to the contrary in any general, public, private, or special Act, all sewers, drains, plants, buildings, structures, and other works of the Corporation shall be exempt from taxation by a municipality, either as land, improvements, personal property, or otherwise howsoever.

1956-59-65; 1959-101-5; [re-enacted 2002-48-12, not in force, re-enactment not included].

  Section 65 BEFORE amended by 2003-52-96, effective January 1, 2004 (BC Reg 482/2003).

65  Land, improvements and works owned or held by the Corporation within the area of the Corporation are exempt from taxation under 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.

1956-59-65; 1959-101-5; 2002-48-12.

  Section 68 (1) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).

(1) All employees of the Corporation on the date this subsection comes into force shall become and be employees of the Greater Vancouver Regional District, and the Board may enter into such agreements with the Greater Vancouver Regional District as may be necessary to carry out this section.