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Assented to July 27, 1990
1 (1) The following are confirmed and validated effective December 15, 1989:
(a) order of the Lieutenant Governor in Council 1870/89, as amended by order of the Lieutenant Governor in Council 510/90, dissolving the Southern Okanagan Lands Irrigation District and ordering transfer of its assets and liabilities to the Town of Osoyoos and the Village of Oliver in accordance with Schedule A to the order;
(b) all provisions of Schedule A to the order confirmed and validated by paragraph (a).
(2) The Town of Osoyoos and the Village of Oliver are bound by the provisions of Schedule A to the order confirmed and validated by subsection (1) (a) to the same extent they would be bound if those provisions were included in supplementary letters patent for those municipalities.
(3) All things done that would have been validly done had this section in fact been in force on December 15, 1989 shall be conclusively deemed to have been validly done.
(4) This section shall be deemed to have come into force on December 15, 1989 and is retroactive to the extent necessary to give it effect on and after that date and shall not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
1990-61-1.
2 (1) Notwithstanding sections 324 and 330 of the Municipal Act, the District of Invermere may, without obtaining assent of the electors, adopt a loan authorization bylaw that authorizes borrowing to a maximum amount of $250 000 for a maximum term of 3 years in order to satisfy the settlement reached respecting the British Columbia Supreme Court actions, Action No. A852893, Vancouver Registry and Action No. C891281, Vancouver Registry.
(2) Notwithstanding section 320 of the Municipal Act, the District of Invermere may in 1990, for the purpose referred to in subsection (1), incur a liability beyond the aggregate of the municipal revenue for this year and any accumulated revenue surplus of prior years appropriated for the annual budget or for the annual budget as amended for this year.
1990-61-2.
3 (1) Notwithstanding any other enactment, the City of Fort St. John is authorized to impose, between November 19, 1979 and the date this section comes into force, development cost charges in accordance with the bylaw cited as "Development Cost Charges By-law 1979" given third reading by the council of the City of Fort St. John on November 19, 1979.
(2) A development cost charge imposed between November 19, 1979 and the date this section comes into force that would have been validly collected had the bylaw referred to in subsection (1) been validly in force at the time it was collected shall be conclusively deemed to have been validly collected as though the bylaw were validly in force at that time, notwithstanding any order of any court to the contrary made before or after the coming into force of this section.
1990-61-3.
4 (1) A bylaw respecting the use of land, including a zoning bylaw, that would apply or would have applied within the trust area, as defined in the Islands Trust Act, had the statutory preconditions to its enactment, including preconditions regarding notice, been complied with is conclusively deemed to have been validly in force, to the extent that it would apply or would have applied within the trust area had those statutory preconditions to its enactment been complied with, from the date that it would have been validly in force had those statutory preconditions been complied with, notwithstanding that one or more of the statutory preconditions was not complied with.
(2) Subsection (1) applies to retroactively validate any bylaw described in that subsection, to the extent provided by that subsection, notwithstanding any decision of a court to the contrary.
1990-61-4.
5 Where the Lieutenant Governor in Council incorporates all or part of Electoral Area A of the Regional District of Central Okanagan as a new municipality, the letters patent incorporating the municipality may provide that, notwithstanding section 398 of the Municipal Act, real property that before the incorporation is exempt from taxation by reason of section 13 (1) (f) of the Taxation (Rural Area) Act but that after the incorporation is not exempt from taxation under the Municipal Act shall be exempted from taxation as follows:
(a) in the first year after incorporation, to the extent of 100% of the exemption that would have applied to the property had the incorporation not taken place;
(b) in the second year after incorporation, to the extent of 80% of the exemption that would have applied to the property had the incorporation not taken place;
(c) in the third year after incorporation, to the extent of 60% of the exemption that would have applied to the property had the incorporation not taken place;
(d) in the fourth year after incorporation, to the extent of 40% of the exemption that would have applied to the property had the incorporation not taken place;
(e) in the fifth year after incorporation, to the extent of 20% of the exemption that would have applied to the property had the incorporation not taken place.
1991-5-2.
6 (1) Where the boundaries of the District of Campbell River are extended by letters patent to include all or part of Electoral Areas D, E and F of the Regional District of Comox-Strathcona, the letters patent may
(a) establish each electoral area or portion of an electoral area that is included in the municipality as a ward for the purpose of representation on the council of the municipality until the next general local election, and
(b) appoint the incumbent electoral area director to the council of the municipality to represent the ward until the next general local election.
(2) Where a person is appointed to the municipal council under subsection (1) (b), the person ceases to be an electoral area director and section 779 of the Municipal Act applies to the vacancy in the seat of the electoral area director.
1991-5-2.
7 (1) Notwithstanding the Municipal Act, a requirement established by or under the Municipal Act or a decision of any court to the contrary, the bylaw cited as "Anarchist Mountain Specified Area Establishment and Loan Authorization Bylaw, No. 628, 1981" adopted by the board of the Regional District of Okanagan-Similkameen on August 20, 1981, shall be conclusively deemed to have been validly adopted on that date and to have been in force since it was adopted on that date.
(2) Notwithstanding the Municipal Act, a requirement established by or under the Municipal Act or a decision of any court to the contrary, the bylaw cited as "Regional District of Okanagan-Similkameen Security Issuing Bylaw No. 736, 1982", adopted by the board of the Regional District of Okanagan-Similkameen on October 21, 1982, shall be conclusively deemed to have been validly adopted on that date and to have been in force since it was adopted on that date.
(3) A tax or charge that would have been validly collected had the bylaws referred to in subsections (1) and (2) been in force at the time it was collected shall be conclusively deemed to have been validly collected as though the bylaws were in force at that time.
(4) Everything done that would have been validly done had the bylaws referred to in subsections (1) and (2) been validly adopted on the dates they were adopted shall be conclusively deemed to have been validly done, notwithstanding a decision of any court to the contrary.
(5) The Regional District of Okanagan-Similkameen may, by bylaw under section 767 of the Municipal Act, convert the service provided under the bylaws referred to in subsections (1) and (2) of this section into a service under Part 24 of the Municipal Act, with the costs of the service to be recovered by means of a parcel tax.
(6) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1991-5-2.
8 (1) Notwithstanding the Municipal Act, the bylaw cited as "Loan Authorization By-Law No. 531, 1990 (Fire Apparatus)" adopted by the council of the Village of Harrison Hot Springs on November 27, 1990 shall be conclusively deemed to have been validly adopted on that date and to have been in force since it was adopted on that date.
(2) Notwithstanding the Municipal Act, including requirements established by the Municipal Act regarding the loan authorization bylaw referred to in subsection (1), the bylaw cited as "The Corporation of the Village of Harrison Hot Springs Fire Department Apparatus Security Issuing Bylaw No. 537, 1991" given third reading by the council of the Village of Harrison Hot Springs on February 26, 1991 may be adopted by being given final reading by that council at any time after this Act comes into force and, when adopted, shall be deemed to have been validly adopted on the date of its adoption and to have been in force from that date.
(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1991-14-13.
9 (1) The Cariboo Regional District and the Thompson-Nicola Regional District continue to have the authority to borrow for the purposes of their joint library system service as provided in their supplementary letters patent dated April 28, 1989.
(2) Subsection (1) applies despite section 767 (8) of the Municipal Act and the adoption by the regional districts of bylaws under section 767 (4) of the Municipal Act respecting the joint library system service.
(3) This section shall be deemed to have come into force on May 17, 1991 and is retroactive to the extent necessary to give it effect on and after that date.
1992-15-2.
10 (1) Notwithstanding the Municipal Act and the letters patent of the District of Taylor, the revenue sharing agreement between the District of Taylor and the City of Fort St. John requiring taxes collected by the District of Taylor to be shared with the City of Fort St. John, dated May 13, 1991 and agreed to be retroactive of January 1, 1991, is confirmed and validated and is binding on the parties to it.
(2) A payment made in 1991 under the agreement referred to in subsection (1) shall be deemed to have been validly made at the time it was made.
1992-15-2.
12 (1) Notwithstanding the Municipal Act but subject to this section, the Regional District of Central Okanagan may provide by bylaw that a portion of the costs of the Johnson-Bentley Memorial Aquatic Centre, established by bylaw cited as "Johnson-Bentley Aquatic Centre Specified Area Establishment and Loan Authorization Bylaw No. 329, 1987", be recovered by means of a parcel tax that applies only to parcels that are eligible residential property classified as Class 1 property under section 26 of the Assessment Act.
(2) Before a bylaw under subsection (1) is adopted, it must receive the assent of the electors in the entire service area and, for this purpose, sections 796 (2) and 798 of the Municipal Act apply.
(3) A parcel tax under subsection (1) must be imposed in the manner provided in sections 810 (2) and 810.1 (2) of the Municipal Act.
(4) The portion of the costs that may be recovered by a parcel tax under this section, together with any portion recovered by a property value tax on those parcels, must equal the portion that would otherwise be recoverable by means of a property value tax levied under section 810 (1) and 810.1 (1) of the Municipal Act for Class 1 property referred to in subsection (1) on the same parcels.
(5) On adoption of a bylaw under this section, the secretary of the regional district board must file the bylaw with the inspector of municipalities.
1992-45-9.
13 (1) All agreements that have been entered into between the government and a municipality, whether in effect currently or in effect previously, under which the municipality on behalf of the government provides or provided a program of police based victim assistance services, both within and without the boundaries of the municipality, are confirmed and validated effective the date on which they were entered into.
(2) All resolutions and bylaws in relation to an agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, to the extent they would have been valid had subsection (1) been in force on the date they were adopted.
(3) A municipality is conclusively deemed to have had the authority to enter into an agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and continue to have the authority to carry out the agreement in accordance with its terms.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1992-77-7.
14 (1) Despite the Municipal Act or any failure to comply with a requirement established by the Municipal Act, by bylaw cited as "Maple Ridge Downtown Parking Specified Area Establishment and Loan Authorization By-law No. 4598-1991" adopted by the council of the Corporation of the District of Maple Ridge on November 18, 1991, is conclusively deemed to have been validly adopted on that date and to have been in force since it was adopted on that date.
(2) Everything done that would have been validly done had the bylaw referred to in subsection (1) been validly adopted on the date it was adopted shall be conclusively deemed to have been validly done.
(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1992-77-7.
15 (1) Despite sections 322 (1) (b), 529 (2), 538 (1) and 542 (1) of the Municipal Act, agreements and other instruments entered into between January 1, 1982 and July 1, 1992 by the Town of Sidney and another party respecting or relating to the acquisition and disposition of land including improvements, or an interest in such land, in relation to the Sidney Port Development are confirmed and validated effective the date on which they were entered into.
(2) All resolutions and bylaws in relation to an agreement or instrument referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, and all things done that would have been validly done had subsection (1) in fact been in force on the day they were done shall be conclusively deemed to have been validly done.
(3) The municipality is conclusively deemed to have had the authority to enter into an agreement or instrument referred to in subsection (1) at the time at which it was entered into and to have had and continue to have the authority to carry out the agreement or instrument in accordance with its terms.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1993-22-1.
16 (1) Despite the Municipal Act and the letters patent of the Nanaimo Regional District, the agreement between the City of Nanaimo and the Nanaimo Regional District dated December 28, 1990 and referred to in the City of Nanaimo bylaw cited as "Beban Park Master Agreement Bylaw 1991 No. 3838" is confirmed and validated and is binding on the parties and within their powers, effective the date on which it was entered into.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1993-22-1.
17 (1) All agreements entered into between January 1, 1981 and December 31, 1992 between the Village of Invermere or its successor, the District of Invermere, and the Province of British Columbia regarding the provision of loans by the Province to the municipality for the purpose of purchasing, developing and servicing industrial lands within the municipality, are confirmed and validated effective the date on which they were entered into despite the provisions of the Municipal Act requiring the adoption of bylaws authorizing the agreements.
(2) All resolutions and bylaws in relation to an agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, and all things done that would have been validly done had subsection (1) in fact been in force on the day they were done shall be conclusively deemed to have been validly done.
(3) The municipality is conclusively deemed to have had the authority to enter into an agreement referred to in subsection (1) at the time at which the agreement was entered into and to have had and continue to have the authority to carry out the agreement in accordance with its terms.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1993-22-1.
18 Despite section 535 of the Municipal Act, the Regional District of Fraser-Cheam may enter into an agreement with the Government of Canada that provides for ownership of the Hope Airport to be transferred from the Government of Canada to the regional district and that includes an option for the Government of Canada to repurchase the transferred property from the regional district.
1993-22-1.
19 (1) The City of Burnaby may, by agreement with the Board of School Trustees of School District No. 41 (Burnaby), provide health and social services to the students enrolled in the Jericho Hill Provincial Resource Program, whether those services are to be provided within the municipality or outside the municipality.
(2) All resolutions and bylaws in relation to the services referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted to the extent they would have been valid had subsection (1) been in force on the date they were adopted.
(3) The City of Burnaby is conclusively deemed to have had the authority to enter into an agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and continue to have the authority to carry out the agreement.
(4) This section shall be deemed to have come into force on September 1, 1992 and is retroactive to the extent necessary to give it effect on and after that date.
1993-22-1.
20 (1) This section applies to all current or former described plans and bylaws of a regional district, a local trust committee under the Islands Trust Act or the executive committee acting as a local trust committee under that Act.
(2) An official community plan, rural land use bylaw or zoning bylaw that is or was invalid by reason of a failure to comply with either or both of
(a) the requirements and limitations of the Municipal Act regarding the delegation of the holding of a public hearing on the bylaw, and
(b) the requirements of the Municipal Act regarding the contents of the notice of the public hearing on the bylaw,
is conclusively deemed to have been validly in force, from the date it would have been in force had the requirements and limitations been complied with, to the extent that it would have been validly in force had these requirements and limitations been complied with.
(3) A zoning bylaw or subdivision servicing bylaw that
(a) at the time of adoption applied only to an area subject to an official settlement plan referred to in section 997 of the Municipal Act,
(b) was consistent with the official settlement plan, and
(c) was not approved by the minister as required by section 973 of the Municipal Act
is conclusively deemed to have been validly in force, from the date it would have been in force had the approval of the minister not been required, to the extent that it would have been validly in force had the requirement to obtain approval been complied with.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1993-29-1.
21 (1) Despite any other enactment, an economic plan under the Job Protection Act may authorize the City of Trail and the Regional District of Kootenay Boundary, as public bodies for the purposes of that Act, to enter into an agreement under the economic plan that imposts payable by Cominco Ltd. to the municipality or the regional district are, for a period of not more than 10 years, to be paid at a rate, or in an amount, or at a time or times, or in a manner different from that required or authorized under an Act listed in the Schedule to the Job Protection Act.
(2) For certainty, if the requirements of section 9 of the Job Protection Act are met for an economic plan under subsection (1), the economic plan is a plan in force and effect under that section for the purposes of that Act, and section 20 (2) of that Act applies.
1993-29-2.
22 (1) Despite any other enactment, if an economic plan referred to in section 21 is in force, the Regional District of Kootenay Boundary may, by bylaw, establish an annual variable tax rate plan under which different tax rates will be determined and imposed for a tax year in accordance with the economic plan for each class of property within the regional district with the plan to be implemented by the apportionment of requisitions under section 808 of the Municipal Act.
(2) A variable tax rate plan under subsection (1) must set out
(a) the relationships between tax rates for each class of property, and
(b) the basis of apportionment of the costs of providing each service that will be paid for by amounts requisitioned under section 809 or 809.1 of the Municipal Act in accordance with the plan.
(3) Despite any other enactment, whether or not an economic plan referred to in section 21 is in force, the variable tax rate plan for the 1993 year approved by resolution of the board of the Regional District of Kootenay Boundary on February 25, 1993, providing for different tax rates for different classes of property within the regional district, is confirmed and validated effective March 29, 1993.
(4) A tax that would have been validly imposed under the plan referred to in subsection (3) had that subsection been in force at the time that tax was imposed is conclusively deemed to have been validly imposed as though the plan had been in effect at that time, despite any order of any court to the contrary made before or after the coming into force of this section.
(5) All tax rates imposed under a variable tax rate plan under subsection (1) or (3) must be imposed in accordance with the relationships between tax rates for each class of property as set out in the plan.
(6) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking in retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1993-29-3.
23 Despite section 535 of the Municipal Act, the District of Vanderhoof may enter into an agreement with the Government of Canada that provides for the ownership of the Vanderhoof Airport to be transferred from the Government of Canada to the municipality and that includes an option for the Government of Canada to repurchase the transferred property from the municipality.
1993-29-4.
24 (1) All agreements that have been entered into between the government and a municipality, under which the municipality on behalf of the government provides a program of victim assistance services, both within and without the boundaries of the municipality, are confirmed and validated effective the date on which they were entered into.
(2) All resolutions and bylaws in relation to an agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, to the extent they would have been valid had subsection (1) been in force on the date they were adopted.
(3) A municipality is conclusively deemed to have had the authority to enter into an agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and continue to have the authority to carry out the agreement in accordance with its terms.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1993-59-43.
25 (1) Despite section 646 of the Municipal Act, The Corporation of the Village of Fort St. James and The Corporation of the Village of Telkwa may, by bylaw adopted without the assent of the electors, enter into an exclusive or limited franchise agreement with Pacific Northern Gas Ltd. for a term not exceeding 21 years to supply natural gas service to the residents of the applicable municipality.
(2) Despite section 646 of the Municipal Act, the agreement dated August 13, 1988, between the Village of Fraser Lake and Pacific Northern Gas Ltd. relating to the supply of natural gas service by Pacific Northern Gas Ltd. to the residents of the municipality is confirmed and validated effective that date.
(3) All resolutions and bylaws in relation to the agreement referred to in subsection (2) are confirmed and validated, effective the date on which they were adopted, and all things done that would have been validly done had subsection (2) in fact been in force on the day they were done is conclusively deemed to have been validly done.
(4) The Village of Fraser Lake is conclusively deemed to have had the authority to enter into the agreement referred to in subsection (2) at the time at which the agreement was entered into and to have had and continue to have the authority to carry out the agreement in accordance with its terms.
(5) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1994-52-121.
26 (1) Despite sections 948 and 973 of the Municipal Act, the bylaws of the Regional District of Fraser-Cheam cited as "Zoning Amendment Bylaw No. 1000, 1993" and "Official Settlement Plan Amendment Bylaw No. 1085, 1993", adopted by the Regional District of Fraser-Cheam on August 4, 1993, and the Official Settlement Plan adopted by the "Official Settlement Plan Amendment Bylaw No. 1085, 1993" are conclusively deemed to have been validly in force from the date they would have been in force had the approval of the minister been obtained before the date of adoption, to the extent that they would have been validly in force had the requirement to obtain that approval been met.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking in retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1994-52-121.
27 Despite section 646 of the Municipal Act, The Corporation of the City of Dawson Creek may, by bylaw adopted without the assent of the electors, enter into an exclusive or limited franchise agreement with Pacific Northern Gas Ltd. for a term not exceeding 21 years to supply natural gas service to the residents of the municipality.
1995-29-4.
28 Despite section 523D of the Vancouver Charter, for the purpose of implementing the Arbutus Neighbourhood Plan adopted by the Council of the City of Vancouver on November 19, 1992, the Council may, by by-law, impose a development cost levy under that section but only on those parcels that are within the area covered by that Plan and are specified in the by-law.
1995-29-4.
29 (1) Despite section 20 (2) of the Municipal Act, the incorporation of the municipality created by the amalgamation of the District of Abbotsford and the Corporation of the District of Matsqui as a city by letters patent issued by Order in Council 1429/94, dated November 24, 1994, and named the City of Abbotsford by Order in Council 1474/94, dated December 8, 1994, is confirmed and validated effective November 24, 1994.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1995-29-4.
"parcel size bylaw" means
(a) a bylaw under the Municipal Act, the Islands Trust Act or any other Act, or
(b) any other enactment that a body authorized to make a bylaw referred to in paragraph (a) is or was authorized to amend or repeal as if it were a bylaw of the body,
that established a minimum parcel size for an area to which the regulation applied and that was adopted or amended at any time during which the regulation applied to the area;
"regulation" means the Community Planning Area Number 24 (Gulf Islands) Regulation, B.C. Reg. 274/69, under the Local Services Act.
(2) Despite the Local Services Act and the regulation, if at any time the minimum parcel size established by the regulation was equal to or greater than that established by a parcel size bylaw for any part of the area to which the regulation applied, the minimum parcel size established by the bylaw applied and the minimum parcel size established by the regulation did not.
(3) All parcel size bylaws and all other bylaws relying on those parcel size bylaws are confirmed and validated, effective the date on which they were adopted, to the extent they would have been valid had subsection (2) been in force on the date they were adopted, and everything done that would have been validly done had that subsection been in force at the time it was done is conclusively deemed to have been validly done.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1995-12-25.
31 (1) Despite sections 322 (1) (b), 529 (2), 538 (1) and 542 (1) of the Municipal Act, agreements and other instruments entered into after September 27, 1973 and before December 23, 1988 by the Town of Comox and another party respecting or relating to the acquisition and disposition of land including improvements, or an interest in such land, in relation to the Comox Municipal Marina are confirmed and validated effective the date on which they were entered into.
(2) All resolutions and bylaws in relation to an agreement or instrument referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, and all things done that would have been validly done had subsection (1) been in force on the day they were done is conclusively deemed to have been validly done.
(3) The municipality is conclusively deemed to have had the authority to enter into an agreement or instrument referred to in subsection (1) at the time at which it was entered into and to have had and continue to have the authority to carry out the agreement or instrument in accordance with its terms.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1996-16-5.
32 (1) Subject to subsection (2), this section applies to all current or former described plans and bylaws of a regional district, a local trust committee under the Islands Trust Act or the executive committee acting as a local trust committee under that Act that were not validated by section 20 of this Act.
(2) An official community plan, rural land use bylaw or zoning bylaw that is or was invalid by reason of a failure which occurred on or before July 8, 1994, being the date on which section 956.1 of the Municipal Act came into force, to comply with the requirements and limitations of that Act regarding the delegation of the holding of a public hearing on the bylaw is conclusively deemed to have been validly in force from the date it would have been in force had the requirements and limitations been complied with and to the extent that it would have been validly in force had these requirements and limitations been complied with.
(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1996-16-5.
33 (1) Despite section 374.4 (2) (b) of the Vancouver Charter, the by-law cited as "A By-law to average land assessments for 1996", By-law No. 7543, 1996, adopted by Council of the City of Vancouver under section 374.4 (1) of the Vancouver Charter on March 26, 1996, is conclusively deemed to have been validly in force from that date to the extent that it would have been validly in force had notice of intent to consider the by-law been provided to the assessment commissioner before January 1, 1996.
(2) Anything done in relation to the by-law referred to in subsection (1) that would be valid or would have been valid had notice of intent to consider the by-law been provided to the assessment commissioner before January 1, 1996, is conclusively deemed to be or to have been validly done as though the required notice had been provided.
(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking in retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1996-16-5.
34 (1) Despite the Greater Vancouver Sewerage and Drainage District Act and any decision of a court made before or after the coming into force of this section,
(a) the bylaw cited as "1995 Cost Allocation Bylaw No. 176", adopted by the Board of the Greater Vancouver Sewerage and Drainage District on March 31, 1995, is conclusively deemed to have been validly adopted on that date and to have been in force since it was adopted, and
(b) all amounts purported to be apportioned among the member municipalities for that District under that bylaw are conclusively deemed to have been and to be validly apportioned and must be paid by the applicable member municipalities in accordance with the Greater Vancouver Sewerage and Drainage District Act as if they were apportioned under that Act.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1996-16-5.
35 If, in conjunction with the 1996 general local election, the Council of the City of Vancouver submits for the opinion of the electors a question regarding the establishment of neighbourhood constituencies for some or all of its Councillors, the question receives a majority vote if more than 50% of the votes are in favour of the question.
1996-16-5.
"boundaries of the irrigation district" means the boundaries of the irrigation district before its dissolution;
"irrigation district" means the Naramata Irrigation District dissolved on September 28, 1995 by Order in Council 1219/95;
"properties outside the boundaries of the irrigation district" means the properties that were outside the boundaries of the irrigation district and the service area for the relevant regional district service, and that are now included within the service area for the relevant service by
(a) the regional district bylaw cited as the "Naramata Water System Local Service Boundary Extension Bylaw No. 1700, 1996", adopted by the regional district on December 12, 1996, or
(b) the regional district bylaw cited as the "Naramata Fire Prevention and Suppression Local Service Amendment Bylaw No. 1651, 1995", adopted by the regional district on August 15, 1996;
"regional district" means the Regional District of Okanagan-Similkameen, to which the service authorities, assets and liabilities of the irrigation district were transferred by Order in Council 1219/95.
(2) The irrigation district and the regional district are conclusively deemed to have had the authority to provide water and fire protection services to the properties outside the boundaries of the irrigation district to which the irrigation district or regional district provided those services.
(3) All amounts charged and levied in relation to the properties referred to in subsection (2) for the services referred to in that subsection are conclusively deemed to have been validly charged and levied as if the properties had been within the irrigation district or within a service area for the services, as applicable.
(4) The irrigation district and the regional district are conclusively deemed to have had and to have the authority to borrow under, and to use the money borrowed under,
(a) the bylaw of the irrigation district cited as the "Naramata Water System Upgrade Temporary Financing Loan Bylaw 1995", registered with the Inspector of Municipalities on September 20, 1995, or
(b) the authority under that bylaw as transferred to the regional district,
in relation to the Canada/B.C. Infrastructure Works Project #M95IW0581, for works that were or are outside the boundaries of the irrigation district.
(5) In relation to the irrigation district bylaw cited as the "Transfer of Services to the Regional District of Okanagan-Similkameen Temporary Financing Loan Bylaw 1995", registered with the Inspector of Municipalities on September 20, 1995, the regional district may, without the assent of the electors but with the approval of the Inspector of Municipalities,
(a) amend the bylaw to extend the term of repayment for borrowing under the bylaw, and
(b) undertake long term borrowing under the authority of the bylaw.
(6) The regional district may, by bylaw adopted without the assent of the electors but with the approval of the Inspector of Municipalities, borrow for a term of years amounts required to satisfy all real and contingent liabilities of the irrigation district, including amounts required to settle legal claims, amounts required to satisfy awards made by a court or an arbitrator and amounts required to pay related legal and administrative expenses and legal costs.
(7) Amounts borrowed under subsection (5) or (6) must be apportioned in accordance with section 847 (3) and (4) of the Municipal Act to the service area as described in the regional district bylaw cited as the "Naramata Water System Local Service Establishment Bylaw No. 1620, 1995", as originally adopted.
(8) The Municipal Finance Authority is authorized to provide financing to the regional district for the amounts authorized by the bylaw referred to in subsection (5) or a bylaw under subsection (6) as if the financing was for capital requirements of the regional district and, for the purposes of the Municipal Finance Authority Act and the Municipal Act, those bylaws are deemed to be loan authorization bylaws under section 831 of the Municipal Act.
(9) Despite the Municipal Act or a requirement established by or under that Act, the irrigation district bylaw cited as the "Comprehensive Capital Expenditure Charge (Water) Bylaw 1994", registered with the Inspector of Municipalities on June 5, 1995, is conclusively deemed to have been validly adopted and to have been effective from the time of its registration with the Inspector of Municipalities.
(10) All things done that would have been validly done had subsection (9) been in force on June 5, 1995 are conclusively deemed to have been validly done.
(11) As limits on subsections (9) and (10), the validation of the bylaw referred to in subsection (9) applies for all purposes except in relation to an action or other legal proceeding that was commenced before June 13, 1997, being the date on which this section received First Reading in the Legislative Assembly.
(12) Despite the Municipal Act or a requirement established by or under that Act,
(a) the irrigation district bylaw cited as the "Naramata Water System Upgrade Temporary Financing Loan Bylaw 1995", registered with the Inspector of Municipalities on September 20, 1995, and
(b) the irrigation district bylaw cited as the "Transfer of Services to the Regional District of Okanagan-Similkameen Temporary Financing Loan Bylaw 1995", registered with the Inspector of Municipalities on September 20, 1995,
are conclusively deemed to have been validly adopted and to have been effective from the time of their registration with the Inspector of Municipalities.
(13) All things done that would have been validly done had subsection (12) been in force on September 20, 1995 are conclusively deemed to have been validly done.
(14) Despite the Municipal Act, the regional district may amend its official community plan, zoning bylaws and subdivision servicing bylaws in accordance with the following regional district bylaws, as given second reading by the board of the regional district on April 17, 1997:
(a) the bylaw cited as the "Naramata Official Community Plan Bylaw No. 1406, Amendment Bylaw No. 1763, 1997";
(b) the bylaw cited as the "Electoral Area "E" Zoning Bylaw No. 1566, Amendment Bylaw No. 1764, 1997";
(c) the bylaw cited as the "Regional District of Okanagan-Similkameen Subdivision Servicing Bylaw No. 1567 and Subdivision Bylaw No. 300, Amendment Bylaw No. 1766, 1997".
(15) Subsection (14) is deemed to have come into force on April 17, 1997 and is retroactive to the extent necessary to give it effect on and after that date.
(16) On adoption, a bylaw authorized by subsection (14) is conclusively deemed to be valid for all purposes.
(17) For 5 years following the date on which a bylaw authorized by subsection (14) is adopted, the regional district must not amend or repeal the bylaw amended by the applicable bylaw under subsection (14), in relation to property described in that applicable bylaw, without the agreement of the owner or owners of that property.
(18) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1997-32-1.
38 If, before this section comes into force, a local government has entered into an agreement with the government of Canada relating to the transfer of an airport or authority relating to an airport to the local government, sections 319 (3) and 717 of the Municipal Act, as enacted by the Local Government Statutes Amendment Act (No. 2), 1997, apply to that local government and its jurisdiction retroactively to the date on which the agreement was entered into.
1997-25-157.
"partnering agreement" means an agreement between a local government and a person or a public authority within the meaning of section 5 of the Municipal Act, as enacted by the Local Government Statutes Amendment Act, 1998, under which the person or public authority agrees to
(a) provide or manage a facility or work for the local government, or
(b) provide a service on behalf of the local government;
"prescribed partnering agreement" means a partnering agreement that
(a) was entered into before June 4, 1998, being the date on which the Local Government Statutes Amendment Act, 1998 was given First Reading in the Legislative Assembly, and
(b) is prescribed under subsection (2).
(2) The minister may, by regulation, prescribe partnering agreements for the purposes of this section and, on being prescribed, this section applies retroactively to the date on which the agreement was entered into.
(3) Despite the Municipal Act,
(a) a prescribed partnering agreement is confirmed and validated effective the date on which it was entered into,
(b) all resolutions and bylaws of the relevant local government in relation to a prescribed partnering agreement are confirmed and validated, effective the date on which they were adopted,
(c) all things done that would have been validly done had this subsection in fact been in force on the day they were done are conclusively deemed to have been validly done, and
(d) the local government is conclusively deemed to have had the authority to enter into the prescribed partnering agreement at the time at which it was entered into and to have had and continue to have the authority to carry out the agreement in accordance with its terms.
(4) A prescribed partnering agreement is deemed to be a partnering agreement under the applicable provisions of the Municipal Act, as enacted by the Local Government Statutes Amendment Act, 1998.
(5) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
1998-34-289.
40 (1) Despite section 523 (1) (a) of the Municipal Act, as that section read before its amendment by the Miscellaneous Statutes Amendment Act (No. 3), 1998 and despite any decision of a court to the contrary made before or after this section came into force, a local government bylaw that
(a) prohibits or purports to prohibit the smoking or other use or consumption of tobacco products in classes of premises specified in the bylaw, and
(b) was approved by the Minister of Health before this section came into force,
is conclusively deemed to be valid for all purposes.
(2) A bylaw referred to in subsection (1) is conclusively deemed to have been validly adopted and to have been and to continue to be valid and effective from the time of its approval by the Minister of Health.
(3) All resolutions, bylaws and actions of a municipality or regional district in relation to a bylaw referred to in subsection (1) are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
1998-37-14.
"airport body" means a municipality, regional district or prescribed community airport body that has assumed an airport lease;
"airport lease" means a lease of a part of a parcel of land, if the lease
(a) was assumed by an airport body in relation to an agreement for the transfer of airport property to it by the government of Canada, and
(b) has a term exceeding 3 years;
"renew" includes the making of a subsequent lease in relation to the same property between the parties to an airport lease or their successors, heirs or assigns.
(2) Despite section 73 (1) (b) of the Land Title Act, an airport lease is confirmed and validated as an effective contract between the parties as of the date on which the lease was assumed by the airport body.
(3) If an airport lease has been assumed by an airport body before the coming into force of this section, the airport body may continue and renew the lease as if subsection (2) had come into force before the assumption of that lease.
(4) For the purposes of subsection (2) and despite sections 316, 610 and 796 (3) of the Municipal Act, an airport body is deemed to have had the authority to assume an airport lease and become the lessor under the lease at the time of the assumption and to have had and to continue to have the authority to carry out and to renew that lease in accordance with its terms.
(5) The Lieutenant Governor in Council may prescribe an organization to be a community airport body for the purposes of this section, and, on being prescribed, this section applies to the airport body retroactively to the date on which the airport lease was assumed.
(6) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
1998-37-14.
42 (1) Despite sections 448 (a), 451 (1) and (3) and 610 (3) of the Municipal Act, the agreement entered into between the Corporation of the District of Pitt Meadows and C.D.I. Enterprises Ltd., on June 22, 1992, respecting the lease of land for the construction and operation of an arena is confirmed and validated, effective the date on which it was entered into.
(2) All things done that would have been validly done had subsection (1) been in force on the day they were done are conclusively deemed to have been validly done and all resolutions and bylaws in relation to the agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted.
(3) The District of Pitt Meadows is conclusively deemed to have had the authority to enter into the agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and to continue to have the authority to carry out the agreement in accordance with its terms.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
1998-37-14.
43 (1) The City of Prince George,
(a) despite the Municipal Act and the letters patent of the City of Prince George, is conclusively deemed to have had the authority to fluoridate any part, or all, of the water supply of the municipality as of the adoption of a resolution by its council on October 4, 1954 authorizing the fluoridation, and
(b) despite section 524 (2) of the Municipal Act, is conclusively deemed to have had and to continue to have the authority to carry out fluoridation in relation to any part, or all, of the water supply of the municipality.
(2) In addition to the resolution referred to in subsection (1) (a), all other resolutions, bylaws and actions of the City of Prince George in relation to the fluoridation of the water supply of the City of Prince George are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had subsection (1) (a) been in force on the date they were adopted or taken.
(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
1998-37-14.
44 (1) In addition to the powers established by section 5 of the Greater Nanaimo Water District Act and the objects of the Greater Nanaimo Water District established by section 8 of that Act, the Greater Nanaimo Water District may
(a) acquire real property for the purposes of a park, and
(b) hold that property jointly with the City of Nanaimo.
(2) On acquisition, property acquired under subsection (1) is deemed to have been dedicated under section 308 of the Municipal Act for the public purpose of a park for the use and enjoyment of the public and section 310 of the Municipal Act applies to both the Greater Nanaimo Water District and the City of Nanaimo in relation to that property.
(3) The Greater Nanaimo Water District
(a) must establish a capital reserve fund for the purposes of this section,
(b) must pay into the reserve fund all money received from the Provincial government in relation to the Agreement to Transfer or Dedicate Land Pursuant to Section 3 of the Expropriation Act, entered into by the Provincial government and the Greater Nanaimo Water District on February 10, 1998, less any amounts necessary to satisfy outstanding liabilities in relation to the property that is the subject of that agreement or the expropriation of the property in accordance with that agreement,
(c) must not pay any other money into the reserve fund, and
(d) may only use the money in the reserve fund, and the interest earned on it, for the purpose of acquiring park land under subsection (1).
(4) Part 13 of the Municipal Act applies to the capital reserve fund under subsection (3).
1998-37-14.
45 (1) In this section and section 46:
"GVRD" means the Greater Vancouver Regional District;
"GVRD securities" means securities issued by the GVRD under this section;
means any one or more of
(a) the South Coast British Columbia Transportation Authority,
(b) the Greater Vancouver Sewerage and Drainage District, and
(c) the Greater Vancouver Water District;
"securities" includes debentures, securities and any other form of indebtedness;
"temporary financing" means a debt that has a term of no longer than 5 years from the date on which the securities for the debt are issued.
(2) Despite any other Act but subject to this section, for the purpose of providing temporary financing for a regional authority, the GVRD may borrow from a bank, a financial institution, any other lender or a regional authority.
(3) The GVRD may only borrow under this section if the regional authority
(a) is authorized to contract debt for the purpose for which the financing is to be used,
(b) requests the GVRD to provide the financing,
(i) by bylaw approved by the Inspector of Municipalities, in the case of the Greater Vancouver Sewerage and Drainage District or the Greater Vancouver Water District, and
(ii) by bylaw or resolution, in the case of the South Coast British Columbia Transportation Authority, and
(c) enters into an agreement with the GVRD which provides that the regional authority will
(i) pay to the GVRD all costs of the GVRD associated with the borrowing, and
(ii) if requested by the GVRD, deliver to it security in the form of securities sufficient for the GVRD to meet and discharge all its obligations associated with the borrowing.
(4) For the purposes of this section, the GVRD board may do one or more of the following:
(a) adopt a security issuing bylaw without adopting a loan authorization bylaw, but the security issuing bylaw must reference the bylaw or resolution referred to in subsection (3) (b);
(b) combine all or part of a borrowing under this section with all or part of any other borrowing under this section;
(c) by bylaw, provide for all matters in any way related to the issue, execution, delivery, repayment, refunding, repurchase, redemption, charge, pledge, hypothecation or deposit of GVRD securities;
(d) subject to the limitations established by section 191 of the Municipal Act, by bylaw, delegate any powers of the GVRD or its board under this section to a director, committee of directors or officer of the GVRD or to any other person specified in the bylaw;
(e) provide for entering into credit, loan and financing agreements and any other agreements and instruments that may be necessary or advisable;
(f) determine the form of GVRD securities;
(g) issue or otherwise dispose of GVRD securities, either at par value or at less or more than par value;
(h) charge, pledge, hypothecate, deposit or otherwise deal with GVRD securities as collateral security;
(i) provide for the creation, management and application of sinking funds, including the setting of terms and conditions that will apply to those sinking funds, with respect to GVRD securities.
(5) GVRD securities may be issued in electronic form and may be held by a depository agency in a book-based system for the central handling of securities that provides for their transfer by bookkeeping entry without physical delivery.
(6) Subject to this section, the following provisions of the Municipal Act apply for the purposes of this section:
section 262 [application to court to set aside bylaw];
section 335.3 (5) [debentures to be issued in accordance with bylaw];
section 335.5 [appeal from inspector's decision];
Division 5 of Part 9 [Restrictions on Use of Municipal Funds];
section 833 (1) [security issuing bylaw approval by inspector];
section 836 [liability for money borrowed by regional district];
section 1022 to 1025 [certificate of approval for money bylaws].
(7) For the purposes of section 262 (2) of the Municipal Act, a security issuing bylaw under this section is deemed to be a security issuing bylaw referred to in that provision.
(8) For the purposes of this section and section 46, the GVRD is deemed to be a municipal corporation.
1999-3-22; 1999-37-261,262.
46 (1) In this section, "borrowing bylaw" means one or more of the following:
(a) the Greater Vancouver Regional District bylaw cited as the "Greater Vancouver Regional District Credit Agreement and Debenture By-law Number 922, 1999" and given first reading by the board of that regional district on January 29, 1999;
(b) the Greater Vancouver Regional District bylaw cited as the "Greater Vancouver Regional District Promissory Note By-law Number 923, 1999" and given first reading by the board of that regional district on January 29, 1999;
(c) the Greater Vancouver Regional District bylaw cited as the "Greater Vancouver Regional District Security Issuing By-law (GVTA) Number 924, 1999" and adopted by the board of that regional district on February 26, 1999;
(d) the Greater Vancouver Sewerage and Drainage District bylaw cited as the "Greater Vancouver Sewerage and Drainage District Borrowing By-law Number 207, 1999" and given first reading by the board of that district on January 29, 1999;
(e) the Greater Vancouver Water District bylaw cited as the "Greater Vancouver Water District Borrowing By-law Number 224, 1999" and given first reading by the board of that district on January 29, 1999.
(2) In relation to a borrowing bylaw,
(a) the GVRD or regional authority, as applicable, is conclusively deemed to have had the authority to adopt the bylaw at the time it was adopted, whether this is before or after this section comes into force,
(b) the bylaw is conclusively deemed to have been validly in force from the date of its adoption, and
(c) the GVRD, regional authority and Municipal Finance Authority of British Columbia are conclusively deemed to have had and to continue to have the authority to carry out the transactions contemplated by the bylaw.
(3) All resolutions, bylaws and actions of the GVRD, a regional authority, the Municipal Finance Authority of British Columbia and the Inspector of Municipalities in relation to a borrowing bylaw are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
1999-3-22.
47 (1) The agreement entered into between the Capital Regional District, Kapoor Lumber Co. Limited and Her Majesty the Queen in right of the Province of British Columbia, dated for reference November 25, 1998, respecting exchanges of land and other transactions set out in that agreement is confirmed and validated, effective November 25, 1998.
(2) All things done that would have been validly done had subsection (1) been in force on the day that they were done are conclusively deemed to have been validly done and all resolutions and bylaws in relation to the agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted.
(3) The Capital Regional District is conclusively deemed to have had the authority to enter into the agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and to continue to have the authority to carry out the agreement in accordance with its terms.
(4) This section applies despite the Municipal Act and the Capital Regional Water Supply and Sooke Hills Protection Act, is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
1999-15-14.
48 Despite section 182 [prohibition against assistance to business] of the Local Government Act, the Regional District of Kitimat-Stikine may release the Shames Mountain Ski Corporation from any or all amounts for which the corporation is liable to the regional district
(a) under the debenture issued by the corporation on April 1, 1987 and filed with the Registrar of Companies on April 3, 1987, or
(b) otherwise arising from the sale by the regional district to the corporation of the undertaking, property and assets of the operation referred to as the Kitsumkalum Ski Business under an agreement dated October 21, 1986 between the regional district and the corporation and under subsequent agreements between those parties in relation to that operation.
2000-26-32.
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