Section 1 definition of "Islands Trust Conservancy" was added by 2018-23-35(a), effective May 31, 2018 (Royal Assent).
Section 1 definition of "trust fund board" BEFORE repealed by 2018-23-35(b), effective May 31, 2018 (Royal Assent).
"trust fund board" means the board referred to in section 40 (1);
Section 3 BEFORE amended by 2021-30-9, effective November 25, 2021 (Royal Assent).
Object of trust
3 The object of the trust is to preserve and protect the trust area and its unique amenities and environment for the benefit of the residents of the trust area and of British Columbia generally, in cooperation with municipalities, regional districts, improvement districts, other persons and organizations and the government of British Columbia.
Section 4 (1) and (5) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(1) The trust council, executive committee, local trust committees and trust fund board are continued for the purpose of carrying out the object of the trust.
(5) The trust fund board is intended to administer the trust fund and to manage the real and personal property assets of the trust fund.
Section 6 (4) (c) BEFORE amended by 2003-52-133(a), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(c) a reference to the local government or regional district officer assigned responsibility under section 198 is to be read as a reference to the officer or employee of the trust council assigned responsibility in relation to the matter by the trust council;
Section 6 (6) BEFORE amended by 2003-52-133(b), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(6) Sections 210 to 214 of the Local Government Act apply to local trustees.
Section 6 (7) and (8) were added by 2003-52-133(b), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
Section 6 (4) (b) BEFORE amended by 2014-19-18(a), effective May 29, 2014 (Royal Assent).
(b) a reference to a jurisdiction or electoral area is to be read as a reference to a local trust area;
Section 6 (6) to (8) BEFORE amended by 2014-19-18(b), effective May 29, 2014 (Royal Assent).
(6) Sections 210 [oath or affirmation of office] and 212 [resignation from office] of the Local Government Act apply to local trustees.
(7) Division 7 [Disqualification] of Part 4 of the Community Charter applies to local trustees.
(8) In relation to section 110 (1) (a) [disqualification for failure to take oath] of the Community Charter, the applicable time is that established by section 210 of the Local Government Act.
Section 6 (5) BEFORE amended by 2014-19-175, effective January 1, 2016.
(5) The term of office of a local trustee elected at the time of a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3) of the Local Government Act, whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the person's successor takes office, whichever is later.
Section 6 (5) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(a) begins on the first Monday after November 1 following the election or when the person takes office in accordance with section 210 (3) of the Local Government Act, whichever is later, and
Section 6 (6) and (8) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(6) The following provisions of the Local Government Act apply to local trustees:
(a) section 210 [oath or affirmation of office];
(b) section 212 [resignation from office];
(c) section 222.1 (6) to (8) [unexcused absence from board meetings].
(8) The qualification requirements of section 66 [who may hold office on a local government] of the Local Government Act for being nominated for, being elected to or holding office on a local government apply in relation to being nominated for, being elected to or holding office as a trustee.
Section 7 BEFORE re-enacted by 2014-19-176, effective January 1, 2016.
Municipal trustees
7 (1) The council of a municipality in the trust area must, before January 1 of each year, appoint 2 municipal trustees from among its members.
(2) Unless otherwise provided by letters patent under section 13 (3.1) of the Local Government Act, a municipal trustee appointed under subsection (1) of this section holds office from the date of appointment until the first Monday following the next December 1 or until the appointment of the trustee's successor, whichever is later.
Section 7 (2) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(2) Unless otherwise provided by letters patent under section 13 (3.1) of the Local Government Act, a municipal trustee appointed under subsection (1) of this section holds office from the date of appointment until the first Monday following the next November 1 or until the appointment of the trustee's successor, whichever is later.
Section 8 (2) (i) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(i) recommend to a regional district board that it exercise its tax exemption authority under section 810 of the Local Government Act in relation to heritage property in the trust area, and
Section 8 (2.1) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(2.1) Sections 186 and 187 of the Local Government Act apply to a disposition of land under subsection (2) (a).
Section 8 (2) (c) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(c) make recommendations to the trust fund board respecting priorities for the acquisition, use and disposition of property by the trust fund board,
Section 8 (2) (h) BEFORE repealed by 2021-30-10(a), effective November 25, 2021 (Royal Assent).
(h) support and give financial assistance to activities referred to in paragraphs (f) and (g) that are undertaken by others,
Section 11 (2) (c) BEFORE amended by 2000-7-211, effective January 1, 2001 (BC Reg 399/2000).
(c) the receipt and consideration of applications for amendments to bylaws and community plans;
Section 12 (2) and (3) BEFORE amended by 2003-70-204, effective March 29, 2004 (BC Reg 64/2004).
(2) Subject to subsection (3), the Company Act does not apply to the trust council.
(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Company Act apply to the trust council and, if this is done, those provisions apply accordingly.
Section 13 (1) BEFORE amended by 2003-52-134, effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(1) Sections 232, 257 (1) to (4) and 258 (1) of the Local Government Act, respecting the exercise of powers by bylaw or resolution and the procedure for passing bylaws, apply to the trust council.
Section 13 (1) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(1) The following provisions apply to the trust council:
section 122 [exercise of powers by bylaw or resolution] of the Community Charter;
section 135 [requirements for passing bylaws] of the Community Charter;
section 794 (1) (a) and (b) [procedure bylaws] of the Local Government Act.
Section 13 (1) (c) BEFORE amended by 2021-30-12, effective February 28, 2022 (BC Reg 17/2022).
(c) section 225 (1) (a) and (b) [procedure bylaws] of the Local Government Act.
Section 17 (6) BEFORE amended by 2003-52-135, effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(6) The trust council may, by bylaw, provide all or a part of the premium for any or all of the matters set out in section 251 (1) of the Local Government Act, as that section read before its repeal by the Local Government Statutes Amendment Act, 1998.
Section 17 (1) (d) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(d) other employees that it considers necessary to carry out the operations of the trust council, the executive committee, the local trust committees and the trust fund board.
Section 18 (2) BEFORE amended by 2003-52-136(a), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(2) Division 3 of Part 9 [Audit] of the Local Government Act, as it applies to the auditing of the accounts and transactions of a municipality, applies to the auditing of the accounts and transactions of the trust council and the local trust committees.
Section 18 (4) BEFORE repealed by 2003-52-136(b), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
Section 19 (c) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(c) the annual report of the trust fund board submitted to the trust council under section 46, and
Section 25 (2) and (3) BEFORE amended by 2003-70-204, effective March 29, 2004 (BC Reg 64/2004).
(2) Subject to subsection (3), the Company Act does not apply to the local trust committees.
(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Company Act apply to the local trust committees and, if this is done, those provisions apply accordingly.
Section 26 (1) BEFORE amended by 2003-52-137, effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(1) Sections 232, 257 (1) to (4) and 258 (1) of the Local Government Act, respecting the exercise of powers by bylaw or resolution and the procedure for passing bylaws, apply to the local trust committees.
Section 26 (1.1) and (1.2) were added by 2003-52-137, effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
Section 26 (1) to (1.2) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(1) The following provisions of the Local Government Act apply to the local trust committees:
Division 2 [Challenge of Bylaws] of Part 6, except sections 263 and 264 (1);
section 794 (1) (a) and (b) [procedure bylaws].
(1.1) For the purposes of section 262 (3) of the Local Government Act as it applies to a local trust committee, the notice under that section must be served on the secretary.
(1.2) The following provisions of the Community Charter apply to the local trust committees:
section 122 [exercise of powers by bylaw or resolution];
section 135 [requirements for passing bylaws];
section 136 [when a bylaw comes into force];
section 139 [consolidation of bylaws];
section 140 [revision of bylaws];
section 163 [evidence of municipal bylaws and other records].
Section 27 (2) (b) BEFORE amended by 2000-7-212, effective January 1, 2001 (BC Reg 399/2000).
(b) in the case of a bylaw adopting or amending a community plan, until it is approved by the minister.
Section 28 BEFORE re-enacted by 2003-52-138, effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
Enforcement of bylaws
28 (1) For the purposes of enforcing its bylaws and section 32 of this Act, a local trust committee has all the power and authority of a regional district board and sections 259 (1), 259.2, 260, 261, 262 (1), (2), (3) (c) and (4), 264 (2), 265 to 269, and 272 to 282 of the Local Government Act, as they apply to a regional district board, apply to the local trust committee.
(2) For the purposes of section 262 (3) of the Local Government Act as it applies to a local trust committee, service of the notice under that section must be made by service on the secretary.
Section 28 (1) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(1) For the purposes of enforcing its bylaws and section 32 of this Act, a local trust committee has all the power and authority of a regional district board and, in relation to this, the following provisions of the Local Government Act apply to the local trust committee:
Division 3 [Enforcement of Regional District Bylaws] of Part 6, except section 266 (2);
section 281 [enforcement by civil proceedings].
Section 28 (1.1) was added by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
Section 29 (3.1) and (5) BEFORE amended by 2000-7-213, effective January 1, 2001 (BC Reg 399/2000).
(3.1) Despite subsection (2), if an official community plan includes a provision under section 879.1 (1) of the Local Government Act, the trust council rather than the local trust committee must adopt the required bylaw under section 920.1 (2) of that Act.
(5) If a community plan that relates to all or part of a local trust area has been adopted or is being prepared or amended and the portion of the local trust area affected by the community plan includes all or any part of one or more school districts, the local trust committee for that local trust area must, at the time of preparing or amending the community plan, and, in any event, not less frequently than once in each calendar year, consult with the school boards for those school districts and seek their input with respect to
Section 29 (1) (d) BEFORE amended by 2002-36-84(a), effective November 1, 2002 (BC Reg 171/2002).
(d) the Agricultural Land Reserve Act;
Section 29 (1) (e) BEFORE repealed by 2002-36-84(b), effective November 1, 2002 (BC Reg 171/2002).
(e) the Soil Conservation Act.
Section 29 (1) (c) BEFORE amended by 2004-41-56, effective January 1, 2005 (BC Reg 505/2004).
(c) Part 2 of the Real Estate Act;
Section 29 (5) (part) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
(5) If an official community plan that relates to all or part of a local trust area has been adopted or is being prepared or amended and the portion of the local trust area affected by the community plan includes all or any part of one or more school districts, the local trust committee for that local trust area must, at the time of preparing or amending the community plan, and, in any event, not less frequently than once in each calendar year, consult with the school boards for those school districts and seek their input with respect to
Section 29 (1), (3) and (3.1) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(1) Each local trust committee has, in respect of its local trust area, all the power and authority of a regional district board under the following enactments:
(a) sections 694 (1) (j) and 723 of the Local Government Act and Part 26 of that Act, except Division 10 and sections 937.2, 937.3 and 937.5 to 937.91 of that Part and except section 939;
(b) section 242 of the Strata Property Act;
(c) the Real Estate Development Marketing Act;
(d) the Agricultural Land Commission Act.
(3) Despite subsection (2), if an owner of land that is being subdivided exercises the option under section 941 (1) (b) of the Local Government Act to pay money instead of providing park land, the money must be paid to the applicable regional district.
(3.1) Despite subsection (2), if an official community plan includes a provision under section 920.01 (1) of the Local Government Act, the trust council rather than the local trust committee must adopt the required bylaw under section 920.1 (2) of that Act.
Section 29 (3.1) BEFORE repealed by 2021-30-13, effective November 25, 2021 (Royal Assent).
(3.1) Despite subsection (2), if an official community plan includes a provision under section 485 (1) [development approval information areas or circumstances] of the Local Government Act, the trust council rather than the local trust committee must adopt the required bylaw under section 486 [bylaw authority in relation to development approval information] of that Act.
Section 29 (1) (b) (i) was renumbered to (i.1) by 2023-45-47(a), effective December 7, 2023 (BC Reg 262/2023).
Section 29 (1) (b) (i.01), (i.02) and (i.2) were added by 2024-11-5, effective April 25, 2024 (Royal Assent).
Section 30 (1) to (6) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(1) Subject to this section, each local trust committee has, in respect of its local trust area, all the powers and authority of a local government under Part 27 of the Local Government Act.
(2) Subject to this section and for the purposes of subsection (1), Part 27 of the Local Government Act, as it applies to regional district boards, applies to local trust committees.
(3) As an exception to section 27 in relation to a heritage designation bylaw of a local trust committee under section 967 of the Local Government Act,
(a) the local trust committee must, by request delivered to the secretary, refer the bylaw to the trust council for approval in accordance with section 16, and
(b) the bylaw has no effect until it is approved by the trust council.
(4) For a heritage designation bylaw of a local trust committee, the temporary protection of section 963 (2) of the Local Government Act applies for
(a) a period of 60 days beginning on the date of the first reading of the bylaw, and
(b) if the bylaw is referred to the trust council under subsection (3), a further period of 60 days beginning on the date the bylaw is referred, subject to the limit that, if the bylaw is refused by the trust council, the protection ends on the date of that refusal.
(5) A local trust committee may order a heritage inspection under section 956 of the Local Government Act only if the order is approved by the executive committee.
(6) Sections 960, 961 and 980 of the Local Government Act apply to an officer or employee of a regional district all or part of which is in a local trust area as though that person were an officer or employee of the local trust committee for the local trust area.
Section 31 (2) and (3) BEFORE amended by 2000-7-214, effective January 1, 2001 (BC Reg 399/2000).
(2) For that part of its local trust area that is not subject to a requirement established under Part 21 of the Local Government Act that building permits be obtained for construction but is subject to a zoning bylaw or a rural land use bylaw, a local trust committee may, by bylaw,
(3) A siting and use permit referred to in subsection (2) (a) must be refused if the construction to which it relates does not comply with the applicable zoning bylaw or with Part 2 of the applicable rural land use bylaw.
Section 31 (2) and (4) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(2) For that part of its local trust area that is not subject to a requirement established under Part 21 of the Local Government Act that building permits be obtained for construction but is subject to a zoning bylaw, a local trust committee may, by bylaw,
(a) require, subject to the regulations, that owners of land in the local trust area obtain siting and use permits in accordance with the bylaw from the local trust committee or a person authorized by the local trust committee to issue the permits before beginning construction on the land, and
(b) impose application fees for permits referred to in paragraph (a) in order to recover the costs related to the permits.
(4) Section 929 of the Local Government Act respecting the withholding of building permits applies to the withholding of siting and use permits.
Section 32 BEFORE amended by 2000-7-215, effective January 1, 2001 (BC Reg 399/2000).
32 Subject to the regulations, a person must not begin construction on land in a local trust area that is not covered by a zoning bylaw or a rural land use bylaw unless the construction is approved by the local trust committee.
Section 34.1 BEFORE re-enacted by 2002-34-9, effective May 9, 2002 (Royal Assent).
Waste Management Act
34.1 A local trust committee must not approve an application for
(a) zoning and rezoning including siting and use permits,
(b) development permits or development variance permits,
(c) removal of soil, or
(d) activities prescribed by regulation under the Waste Management Act,
if the local trust committee
(e) has not received a site profile if required under section 26.1 of the Waste Management Act,
(f) has received a site profile but has not sent it to the manager under section 26.1 (5) (b) of the Waste Management Act,
(g) has sent a site profile to the manager under section 26.1 (5) (b) of the Waste Management Act but the local trust committee has not received notice that a site investigation under section 26.2 of that Act will not be required, or
(h) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 27.6 of the Waste Management Act from the person making an application described in paragraphs (a) to (d) above.
Section 34.1 BEFORE re-enacted by 2003-53-155, effective July 8, 2004 (BC Reg 317/2004).
Waste Management Act requirements must be met
34.1 (1) This section applies to an application for one or more of the following:
(a) zoning and rezoning, including siting and use permits;
(b) development permits or development variance permits;
(c) removal of soil.
(2) A local trust committee must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 26.1 of the Waste Management Act unless at least one of the following is satisfied:
(a) the local trust committee has received a site profile required under section 26.1 of the Waste Management Act with respect to the site and the local trust committee is not required to forward a copy of the site profile to the manager under section 26.1 (5) (b) of that Act;
(b) the local trust committee has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;
(c) the local trust committee has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;
(d) the local trust committee has received notice from a manager under the Waste Management Act that the local trust committee may approve an application under this section because, in the opinion of the manager, the site would not present a significant threat or risk if the application were approved;
(e) the local trust committee has received notice from a manager under the Waste Management Act that the manager has received and accepted a notice of independent remediation with respect to the site;
(f) the local trust committee has received notice from a manager under the Waste Management Act that the manager has entered into a voluntary remediation agreement with respect to the site;
(g) the local trust committee has received a valid and subsisting approval in principle, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.
Section 34.1 BEFORE re-enacted by 2019-19-40, effective February 1, 2021 (BC Reg 161/2020).
Environmental Management Act requirements must be met
34.1 (1) This section applies to an application for one or more of the following:
(a) zoning and rezoning, including siting and use permits;
(b) development permits or development variance permits;
(2) A local trust committee must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:
(a) the local trust committee has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the local trust committee is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;
(b) the local trust committee has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;
(c) the local trust committee has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;
(d) the local trust committee has received notice from the director under the Environmental Management Act that the local trust committee may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the local trust committee has received notice from the director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the local trust committee has received notice from the director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the local trust committee has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.
Section 36 (2) and (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(2) Despite section 791 of the Local Government Act, a regional district director who represents an electoral area that is entirely in the trust area must not vote
(a) on resolutions and bylaws under Part 26 of the Local Government Act for which the power and authority have been given to a local trust committee under section 29 (1) (a) of this Act, or
(b) on resolutions and bylaws under Part 27 of the Local Government Act for which the power and authority have been given to a local trust committee under section 30 (1) of this Act.
(3) A regional district board must not adopt a regional growth strategy under Part 25 of the Local Government Act that applies to any part of the trust area, and for these purposes sections 851 (1) and 854 (2) of that Act do not apply.
Section 37 (1) BEFORE amended by 2000-7-216, effective January 1, 2001 (BC Reg 399/2000).
37 (1) The trust council and the board of a regional district, all or part of which is in the trust area, may enter into agreements respecting the coordination of official community plans, rural land use bylaws and the trust policy statement with services to be provided in the trust area by the regional district.
Section 37 (5) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(5) Despite section 791 of the Local Government Act, the regional board directors who represent a municipality or electoral area, all or part of which is in the trust area, may vote in relation to an agreement under this section.
Section 38 (1) (a) BEFORE amended by 2000-7-217, effective January 1, 2001 (BC Reg 399/2000).
(a) all bylaws adopting a community plan that apply to land in the trust area, and
Section 38 (1) (b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(b) all bylaws under Part 26 of the Local Government Act that apply to land in the trust area to which no official community plan applies.
Section 39 (a) and (b) BEFORE amended by 2000-7-218, effective January 1, 2001 (BC Reg 399/2000).
(a) a zoning bylaw, or an amendment of it,
(b) a community plan, or an amendment of it, or
Section 39 (c) BEFORE repealed by 2000-7-218, effective January 1, 2001 (BC Reg 399/2000).
(c) a rural land use bylaw, or an amendment of it,
Section 39 BEFORE re-enacted by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
Withholding of building permits
39 If a local trust committee advises a regional district board that it proposes to adopt
(a) a zoning bylaw, or an amendment of it, or
(b) an official community plan, or an amendment of it,
affecting land in the regional district, the board may direct that a building permit be withheld, and, in that case, section 929 of the Local Government Act applies to the local trust committee.
Section 39 (1) second paragraph (a) BEFORE amended by 2016-5-17, effective March 10, 2016 (Royal Assent).
Part 6, heading BEFORE amended by 2018-23-36, effective May 31, 2018 (Royal Assent).
Part 6 — Trust Fund Board
Section 40 (3) and (4) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(3) The minister may appoint up to 3 persons to serve at pleasure as members of the trust fund board.
(4) The minister may require a bond under the Bonding Act from a member of the trust fund board.
Section 41 BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
Responsibilities of Islands Trust Conservancy
41 (1) For the purpose of carrying out the object of the trust, the trust fund board must,
(a) subject to the regulations, administer the trust fund and manage the property of the trust fund,
(b) prepare a trust fund plan in accordance with section 44,
(c) file an annual report in accordance with section 46, and
(d) carry out any other duties that the minister or Lieutenant Governor in Council, by order, directs.
(2) For the purpose of carrying out the object of the trust, the trust fund board may
(a) receive money and other property by way of donation, public subscription, devise, bequest or otherwise that is not subject to terms, conditions or trusts that are inconsistent with the object of the trust,
(b) receive grants from the governments of Canada or British Columbia, or their ministries or agencies, or from any person or association, and
(c) subject to section 44 (2), acquire, hold and dispose of land and other property.
(3) For the purpose of acquiring, holding and disposing of land and other property under subsection (2) (c), the trust fund board may use the money, land and other property of the trust fund.
(4) The trust fund board must not, without the prior approval of the minister, incur liabilities or borrow money.
Section 42 (2) and (3) BEFORE amended by 2003-70-204, effective March 29, 2004 (BC Reg 64/2004).
(2) Subject to subsection (3), the Company Act does not apply to the trust fund board.
(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Company Act apply to the trust fund board and, if this is done, those provisions apply accordingly.
Section 42 BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
Corporate status
42 (1) The trust fund board is a corporation that is, for all purposes, an agent of the government but may, on behalf of the government, carry out its duties and exercise its powers in its own name without reference to the government.
(2) Subject to subsection (3), the Business Corporations Act does not apply to the trust fund board.
(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Business Corporations Act apply to the trust fund board and, if this is done, those provisions apply accordingly.
(4) The fiscal year of the trust fund board ends on March 31 of each year.
Section 43 (3) BEFORE amended by 2002-33-10, effective February 28, 2003 (BC Reg 34/2003).
(3) Money of the trust fund may, subject to approval by the minister, be invested in securities authorized as trustee investments under the Trustee Act.
Section 43 (1) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(1) Property acquired by the trust fund board
(a) is the property of the government,
(b) may be held in the name of the government or in the name of the trust fund board, and
(c) must, despite the Land Act, be dealt with by the trust fund board under this Act.
Section 44 BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
Trust fund plan
44 (1) The trust fund board must prepare and submit to the minister, at least once every 5 years, a plan for the trust fund respecting
(a) policies on acquisition, management and disposal of property of the trust fund,
(b) policies on investment of money of the trust fund,
(c) goals for major acquisitions of property by the trust fund, and
(d) other matters as required by the minister.
(2) The trust fund board must not, without the prior approval of the minister, acquire, hold or dispose of land except in accordance with a trust fund plan under subsection (1) that has been approved by the minister.
Section 45 (3) BEFORE amended by 2003-52-139(a), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(3) Division 3 of Part 9 [Audit] of the Local Government Act, as it applies to the auditing of the accounts and transactions of a municipality, applies to the auditing of the accounts and transactions of the trust fund board.
Section 45 (5) BEFORE amended by 2003-52-139(b), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(5) Section 330 [right of elector to complain about accounting] of the Local Government Act applies in relation to an audit under subsection (3).
Section 45 BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
Audit
45 (1) The minister may appoint an auditor to audit the accounts and transactions of the trust fund board.
(2) If the minister does not appoint an auditor under subsection (1), the trust council must appoint an auditor for the trust fund board.
(3) Division 2 [Audit] of Part 6 of the Community Charter applies to the trust fund board.
(4) The auditor must report to the trust fund board, the trust council and the minister.
Section 46 BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
Annual report
46 Each year, the trust fund board must prepare and submit to the trust council a report respecting the previous fiscal year that includes
(a) an audited balance sheet and statement of receipts and expenditures,
(b) a report of the operations of the trust fund board and the management of the assets of the trust fund,
(c) a schedule of all assets held in trust and their valuation, and
Section 47 (2) (a) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(a) to the Minister of Finance and Corporate Relations in relation to
Section 47 (7) (part) BEFORE amended by 2007-13-61, effective September 24, 2007 (BC Reg 292/2007).
(7) The assessment commissioner of the British Columbia Assessment Authority must, as soon as practicable after the relevant information is available, provide to the secretary and the minister
Section 47 (2) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(2) On or before April 25 in each year, the minister may deliver requisitions
(a) to the Minister of Finance in relation to
(i) the cost of operations of the trust council and the executive committee, except the operations of the executive committee acting as a local trust committee under section 23 (5), and the administrative operations of the trust fund board, and
(ii) the cost of operations of the local trust committees, and
(b) to each municipality in the trust area in relation to
(i) the cost of operations of the trust council and the executive committee, except the operations of the executive committee acting as a local trust committee under section 23 (5), and
(ii) the cost of administrative operations of the trust fund board.
Section 48 (1) BEFORE amended by 2003-3-16, effective January 1, 2003 [retro from March 12, 2003 (Royal Assent)].
(1) The Minister of Finance and Corporate Relations must, on receiving a requisition under section 47 (2) (a) (i) or (ii), direct that the amount requisitioned, together with any additional sum that minister may direct to cover the costs and outlays of assessment and collection, be recovered by means of a property value tax levied in the part of the trust area in respect of which the requisition is made.
Section 48 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
48 (1) The Minister of Finance and Corporate Relations must, on receiving a requisition under section 47 (2) (a) (i) or (ii), direct that the amount requisitioned be recovered by means of a property value tax levied in the part of the trust area in respect of which the requisition is made.
Section 49 (3) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(3) The amount referred to in subsection (1) is a debt due by the municipality to the government and must be paid by the council of the municipality to the Minister of Finance and Corporate Relations on or before August 1 of the current year.
Section 49 (2) BEFORE amended by 2018-4-37, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
(2) The exemptions in sections 129 to 131 of the School Act apply for the purposes of this section.
Section 49.1 definition of "eligible natural area property", paragraph (d) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(d) the trust council, a local trust committee or the trust fund board must be a covenantee in whose favour the protection covenant is made;
Section 49.2 (1) BEFORE amended by 2010-6-107, effective June 3, 2010 (Royal Assent).
(1) The trust council may, by bylaw, designate all or part of a local trust area as an area for which tax exemptions may be provided under this section.
Section 49.3 (4) (c.1) was added by 2007-8-43, effective December 31, 2006 [retro from March 29, 2007 (Royal Assent)].
Section 49.3 (4) (g) BEFORE amended by 2007-41-69, effective November 30, 2007 (BC Reg 399/2007).
(g) the Greater Vancouver Transportation Authority Act.
Section 49.6 (1) and (2) BEFORE amended by 2021-30-14(a) and (b), effective February 28, 2022 (BC Reg 17/2022).
(1) The trust council may not discharge a protection covenant in relation to which a natural area exemption certificate has been issued until notice of the proposed discharge has been published in accordance with subsection (2).
(2) Notice of a proposed discharge must be published in accordance with this section in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established by the trust council for the purposes of subsection (3) (c).
Section 49.6 (2.1) and (2.2) were added by 2021-30-14(b), effective February 28, 2022 (BC Reg 17/2022).
Section 49.7 (2) (b) (ii) BEFORE amended by 2003-52-141(a), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(ii) if no provision is made in the regulations, interest from the time at which the taxes referred to in paragraph (a) (ii) (A) would have been payable if no natural area exemption certificate had been issued and no protection covenant applied to the property, compounded annually at the rate referred to in section 379 (1) (b) [taxes in arrear] of the Local Government Act;
Section 49.7 (4) BEFORE amended by 2003-52-141(b), effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(4) If an amount payable by an owner under this section is not paid to the Minister of Finance and Corporate Relations by December 31 in the year in which it becomes payable, section 376 special fees and charges that may be collected as taxes][ of the Local Government Act applies to the amount.
Section 49.7 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(1) If a natural area exemption certificate is cancelled, except in the case of a cancellation under section 49.4 (1) (d) [area no longer designated], the owner of the property must pay to the Minister of Finance and Corporate Relations the amount referred to in subsection (2) of this section.
Section 49.7 (3) (a) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(3) As an exception to subsection (1), the trust council may, by bylaw adopted
(a) with the approval of the Minister of Finance and Corporate Relations, and
Section 49.7 (4) and (5) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(4) If an amount payable by an owner under this section is not paid to the Minister of Finance and Corporate Relations by December 31 in the year in which it becomes payable, section 258 [special fees that may be collected as property taxes] of the Community Charter applies to the amount.
(5) The Minister of Finance and Corporate Relations may distribute amounts received under this section to the applicable taxing authorities in accordance with the regulations under section 53 (2) (k).
Section 49.8 (2) (b) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(b) the Minister of Finance and Corporate Relations.
Section 49.8 (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(3) Within 30 days after a natural area exemption certificate is issued or cancelled, the secretary must file notice of the certificate or cancellation in the land title office, and for this purpose section 976 of the Local Government Act applies.
Section 51 BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
Section 53 (2) (i) and (j) BEFORE amended by 2003-52-142, effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
(i) resolving any conflict between this Act and the Local Government Act;
(j) making further provisions of the Local Government Act apply under this Act in relation to one or more of the bodies of the trust referred to in section 4 (1) and in relation to this, provide exceptions to or modifications of a provision of that Act.
Section 53 (2) (k) (iv) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(iv) establish how amounts received by the Minister of Finance and Corporate Relations under section 49.7 are to be distributed,
Section 53 (2) (e) and (f) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).
(e) respecting the election of the executive committee and members of the trust fund board;
(f) respecting the trust fund and the activities of the trust fund board for the purposes of section 41 (1) (a);
Section 54 BEFORE re-enacted by 2003-52-143, effective January 1, 2004 (BC Reg 465/2004, repealing BC Reg 428/2003).
Additional powers and exceptions may be granted to a trust body
54 (1) In this section, "trust body" includes
(a) the executive committee,
(b) a specified local trust committee or a described class of local trust committees,
(c) the trust council, and
(d) the trust fund board.
(2) The Lieutenant Governor in Council may, by regulation,
(a) grant a power to a trust body, or
(b) provide for a trust body an exception to or a modification of a requirement established by an enactment.
(3) Section 251 of the Local Government Act applies for the purposes of subsection (2).
(4) Without limiting subsection (2), a regulation made under this section may allow the trust body to delegate the power granted, or to transfer the benefit received, to one or more of the other trust bodies.
(5) A regulation made under this section must not do any of the following:
(a) confer an authority otherwise available to a trust body;
(b) anything prohibited under section 251 (2) (b) to (e) of the Local Government Act;
(c) any other thing prohibited by regulation under subsection (6).
(6) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.
Section 54 (2) BEFORE amended by 2010-6-108, effective June 3, 2010 (Royal Assent).
(2) Despite any other Act, the Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a trust body or class of trust bodies:
Section 55 (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(3) A bylaw under section 694 (1) (j) or 723 of the Local Government Act, or under section 930 (1) (d) or (e) of the Municipal Act, R.S.B.C 1979, c. 290, as it read before section 930.1 of that Act came into force, that was adopted by a municipality or regional district before this Act came into force
(a) remains in force to the extent that it applies to a local trust area, and
(b) may be repealed, amended or enacted again by the local trust committee
as if it had been adopted by the local trust committee.