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B.C. Reg. 91/2016
O.C. 226/2016
Deposited April 15, 2016
This consolidation is current to December 3, 2024.

Community Charter; Greater Vancouver Sewerage and Drainage District Act; Greater Vancouver Water District Act; Islands Trust Act

Conflict of Interest Exceptions Regulation

Contents
1Definitions
2Nature of pecuniary interest

Definitions

1   In this regulation:

"Act" means the Community Charter;

"council representative" means a member of a municipal council appointed by that council to the board of an entity;

"entity" means any of the following:

(a) a society or extraprovincial society;

(b) a corporation, other than a society or extraprovincial society, incorporated by a public authority, that provides a service to the following:

(i) a municipality of which a council member is appointed to the board of the corporation;

(ii) a regional district of which a regional district director is appointed to the board of the corporation;

(iii) a greater board of which a board member is appointed to the board of the corporation;

(iv) the Islands Trust of which an Islands Trust trustee is appointed to the board of the corporation;

"extraprovincial society" has the same meaning as in the Society Act;

"governing body" means any of the following:

(a) the council of a municipality;

(b) the board of a regional district;

(c) the board of a greater board;

(d) the trust council;

"greater board representative" means a member of a board of a greater board appointed by that board to the board of an entity;

"Islands Trust representative" means an Islands Trust trustee appointed by the trust council to the board of an entity;

"Islands Trust trustee" means a local trustee or a municipal trustee within the meaning of the Islands Trust Act;

"regional district director" means a director in relation to a regional district within the meaning of the Local Government Act;

"regional district representative" means a regional district director appointed by the board of a regional district to the board of an entity;

"representative" means any of the following:

(a) a council representative;

(b) a regional district representative;

(c) a greater board representative;

(d) an Islands Trust representative;

"society" has the same meaning as in the Society Act;

"specified interest" means any of the following:

(a) an expenditure of public funds to or on behalf of an entity;

(b) an advantage, benefit, grant or other form of assistance to or on behalf of an entity;

(c) an acquisition or disposition of an interest or right in real or personal property that results in an advantage, benefit or disadvantage to or on behalf of an entity;

(d) an agreement respecting a matter described in paragraph (a), (b) or (c).

Nature of pecuniary interest

2   For the purposes of section 104 (1) (e) [exceptions from conflict restrictions] of the Act, a pecuniary interest in relation to a representative in the nature of a specified interest that arises as a result of

(a) the representative being appointed by a governing body to the board of the entity, and

(b) the representative

(i) attending any part of a meeting during which the specified interest is under consideration by the following:

(A) the governing body;

(B) a committee of the governing body;

(C) any other body referred to in section 93 [application of rules to other bodies] of the Act,

(ii) participating in any discussion of the specified interest at such a meeting, or

(iii) voting on a question in respect of the specified interest at such a meeting

is prescribed.

[Provisions relevant to the enactment of this regulation: Community Charter, S.B.C. 2003, c. 26, section 104 (1) (e); Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, section 8 (5); Greater Vancouver Water District Act, S.B.C. 1924, c. 22, section 10 (5); Islands Trust Act, R.S.B.C. 1996, c. 239, section 6 (7)]