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This Act is current to April 28, 2021
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Vancouver Charter

[SBC 1953] CHAPTER 55

Contents
1.Short title
2.Interpretation
2.1Application of specified local government enactments
3Requirements for public notice
4.Deputies may be appointed
5.Procedure if no deputy
6.City of Vancouver — corporation and boundaries
Part I — Electors and Elections
Division (1) — Interpretation
7.Definitions
8.Time not extended for voting days
8.1This Act applies
Division (2) — Arrangements for Elections
9.General local election
10.By-elections
11.Minister's order for election to be conducted
12.Election by-laws
13.Costs of elections
14.Appointment of election officials
15.Chief election officer duties and powers
16.Presiding election official duties and powers
Division (3) — Election Proceedings Generally
17.Public notices
18.Solemn declarations
19.Keeping order at election proceedings
20.Adjournment of election proceedings
21.Exceptional assistance in election proceedings
Division (4) — Electors
22.Who may vote at an election
23.Resident electors
24.Non-resident property electors
25.Rules for determining residence
26.When a person may register as an elector
27.Voting day registration only
28.Application for registration
29.How to register in advance
30.How to register as a resident elector at the time of voting
30.1How to register as a non-resident property elector at the time of voting
31.Repealed
32.Automatic registration by inclusion on Provincial list of voters
33.Effect of registration
34.Register of electors
35.List of registered electors
36.Objection to registration of an elector
37.Resolving objections
Division (5) — Qualifications for Office
38.Who may hold office on Council or Park Board
39.Disqualification of Council and regional district employees
40.Only one elected office at a time on Council
Division (6) — Nomination of Candidates
41.Nomination period
42.Notice of nomination
43.Nomination of candidates
44.Nomination documents
44.1Nomination deposits
45.Nomination by delivery of nomination documents
45.1Other information to be provided by candidate
45.2Challenge of nomination
Division (6.1) — Candidate Endorsement by Elector Organization
45.3Candidate endorsement by elector organization may be included on ballot
45.4Endorsement documents
45.5Other information to be provided by elector organization
45.6Withdrawal of endorsement on ballot
45.7Challenge of elector organization endorsement
Division (6.2) — Declaration of Candidates
46.Declaration of candidates
47.Repealed
48.Declaration of election by voting or acclamation
49.Notice of election by voting
50.Appointment if an insufficient number of candidates are elected
Division (7) — Candidates and Representatives
51.Repealed
52.Withdrawal, death or incapacity of candidate
53.Appointment of candidate representatives
54.Presence of candidate representatives at election proceedings
Division (8)
55-65.Repealed
Division (9) — Voting Opportunities
66.Voting opportunities for electors
67.Required general voting opportunities
68.Additional general voting opportunities
69.Required advance voting opportunities
70.Additional advance voting opportunities
71.Special voting opportunities
72.Mail ballot voting
Division (10) — Arrangements for Voting
73.Voting places
74.Use of voting machines
75.Voting divisions
76.Form of ballots
77.What must and must not be included on a ballot
78.Order of names on ballot
79.Order of names on ballot determined by lot
80.Ballot boxes
Division (11) — Conduct of Voting Proceedings
81.Persons who must be present at voting places
82.Persons who may be present at voting places
83.Sealing of ballot boxes containing ballots
84.Time for voting extended
Division (12) — Voting
85.Voting to be by secret ballot
86.Each elector may vote only once
87.Requirements before elector may be given a ballot to vote
88.Challenge of elector
89.If another person has already voted under an elector's name
90.Replacement of spoiled ballot
91.How to vote by ballot
92.One person to a voting compartment
93.Persons needing assistance to mark their ballots
94.Persons unable to enter a voting place
Division (13) — Counting of the Vote
95.When and where counting is to be done
96.Who may be present at counting
97.Who does the counting
98.Opening of ballot boxes
99.Combination of ballots for counting
100.Procedures for counting
101.Rules for accepting votes and rejecting ballots
102.Objections to the acceptance of a vote or the rejection of a ballot
103.Ballot account
104.Packaging of ballots
105.Delivery of election materials to chief election officer
106.Preliminary election results
107.Determination of official election results
108.Declaration of official election results
109.When elected candidates may take office
Division (14) — Judicial Recount
110.Application for judicial recount
111.Judicial recount procedure
112.Results of judicial recount and orders as to costs
113.Determination of results by lot if tie vote after judicial recount
114.Runoff election if tie vote after a judicial recount
Division (15) — Declaration of Invalid Election
115.Application to court
116.Hearing of the application
117.Power of the court on an application
118.Costs of an application
119.Status of an elected candidate
Division (16) — Final Proceedings
120.Report of election results
121.Publication of election results
122.Retention and destruction of election materials
Division (16.1)Canvassing
122.1Canvassing in housing cooperative, strata and rental properties
Division (17) — Election Offences
123.Vote buying
124.Intimidation
124.1Repealed
125.Other election offences
125.1Prosecution of organizations and their directors and agents
125.2Time limit for starting prosecution
126.Penalties
Division (18) — General
127.Powers of minister in relation to elections
128.Regulations
Part II — Assent Voting
Division (1) — Interpretation
129.Definitions
130.Assent voting to be conducted in same manner as an election
Division (2) — Assent of the Electors
131.How assent is obtained
132.Each by-law to be voted on must be for a distinct purpose
Division (3) — Proceedings for Assent Voting
133.Who may vote at assent voting
134.General voting day for assent voting
135.Arrangements for assent voting
136.Notice of assent voting
136.1Ballots for assent voting
136.2When counting for assent voting is to be done
136.3Other general matters
Division (4) — Scrutineers
136.4Scrutineers for assent voting
136.5Notice of applications to volunteer as a scrutineer
136.6Applications to volunteer to act as scrutineer for assent voting
136.7Appointment of scrutineers for assent voting
Part III — The Council and Its General Powers
137.Size and quorum of Council
138.Councillor elections: at large unless on a neighbourhood constituency basis
139.Term of office for Mayor and Councillors
140.Oath or affirmation of office
141.Repealed
142.Resignation from office
142.1Application to court for declaration of disqualification
142.2Status of person subject to an application
142.3Costs of an application
143.Time of Council meetings
144.Validity of Council proceedings
145.City's powers exercisable by Council generally
145.1Voting at Council meetings
145.2Disclosure of conflict
145.3Restrictions on participation if in conflict
145.4 Restrictions on inside influence
145.5Restrictions on outside influence
145.6Exceptions from conflict restrictions
145.7Restrictions on accepting gifts
145.8Disclosure of gifts
145.9Disclosure of contracts with council members and former council members
145.91Restrictions on use of insider information
145.911Disqualification from office for contravening conflict rules
145.92Court order for person to give up financial gain
146.Quorum for conducting business
147.Continuing bodies
148.Unreasonableness no bar
149.Time within which by-laws may be questioned
150.Good faith test of sales
151.Exercise of Council powers by by-law and resolution
152.Power to accept property
153.Exceptional grants only upon assent of electors
153A.Franchise for telegraph, steam-heat, or hot-water service
154.Power of Provincial Government to confer added powers in emergency
155.Settlement of claims
156.Witnesses may be required to attend
157.Declaratory judgments may be sought
158.Recovery of costs in certain cases
159.Council may set up committees
160.Discharge of committees
161.Delegation of powers
161A.Permits and delegation of authority to issue permits
161B.Suspension, revocation, etc., of permits
162.Departments and employees for city
162A.To appoint a Board of Administration
163.Termination on one month's notice
164.Provision for bonding
164.1Meeting procedures
165.By-laws respecting Council proceedings and other administrative matters
165.1General rule that meetings must be open to the public
165.2Meetings that may or must be closed to the public
165.21Other persons attending closed meetings
165.3Requirements respecting closed meetings
165.4Repealed
165.5Expulsion from meetings
165.6Repealed
165.7Application to other city bodies
165.8Regulations respecting open meetings
166.Special vote
167.How by-law to be completed
168.Inspection by public of records
169.Execution of contracts
170.Signing of cheques
171.By-law provable by production
172.Taxes, etc., are a debt due the city
173.Council may declare emergency
174.Repealed
175.Labour organizations — union labels, collective agreements
175A.City may join employers' organization
176.Inquiry by barrister
177.Barrister's powers
177.1Contempt proceeding for uncooperative person
178.Barrister's fees
179.Acquisition of parks, etc.
180.Indemnification of employees
181.Metric regulations
182.Repealed
183.Repealed
184.Questions may be submitted for the opinion of the electors
185.Council to provide for upkeep of city property
186.Power to watch legislation
187.City may be represented before Boards, etc.
188.Intermunicipal bridges
189.Good rule and government
190.Council acquisition and disposal of property
190.1Financing in relation to Southeast False Creek development
191.Power to buy and sell commodities
192.City may enter into agreements pursuant to Statutes
192.1Joint exercise of powers with other municipalities
193.Power to undertake housing development
193A.Power to acquire property for commercial or industrial development
193B.Power to acquire property for improvement or rehabilitation
193C.Power to achieve heritage purposes
193D.Single room accommodation permits
194.Daylight saving
195.Insurance may be contracted for
195A.Employee and officer expenses
196.Council members' remuneration and expenses
196A.Reporting of remuneration and expenses
197.By-laws may be revised
198.Provision for civic holiday
199.Added powers of Council
200.Expenditures to be kept within estimates
201.Investment of city funds
201A.Property acquisition fund
202.Expenditures prior to adoption of estimates
202A.Social planning
203.Powers of Council re businesses, trades, etc.
204.Authorized expenditures
204A.Operation of public auditorium or museum
205.Freedom of the city may be bestowed
206.Council may make grants and provide assistance
206A.Sunday sport
206B.Further relief from provisions of Lord's Day Act (Canada)
206C.Pensions for Council members
206D.Repealed
Part IV — Duties of Mayor, Director of Finance, City Clerk, City Treasurer, and Auditors
Mayor
207.Status of Mayor
208.Responsibilities of Mayor
209.Acting-Mayor
Director of Finance
210.Director of Finance
211.Duty to advise Council
212.Director of Finance responsibilities
213.How money disbursed
214.Examination of accounts before warrant issued
215.Council to authorize disbursements
216.Provision for advance authorization
217.Deduction where payee indebted to city
218.Fund to be adequate
219.Director of Finance to report on revenue and expenditure
City Clerk
220.City Clerk
221.Making and custody of records
222.And of by-laws
223.To attend meetings
224.Proof of documents in Court
225.Seal in custody of City Clerk
City Treasurer
226.City Treasurer
227.Receives and disburses all moneys
228.To keep complete accounts
229.To hold sinking fund securities
Auditors
230.Appointment of auditors
231.Duties and powers of auditors
232.Duty to report in certain cases
233.Added duties
234.Duty of Council and officers to assist auditors
235.Powers of auditors, call for books and documents
235A.Restriction on removal of records, books, and other documents from city office
235B.Rights of electors
Part V — By-laws for Contracting Debts
236.Limit of borrowing power
237.When by-law takes effect
238.When debt repayable
239.Issue of securities to cover debt
239A.Borrowing from Metro Vancouver Regional District
240.Recitals in money by-laws
241.Debt may be callable
242.What borrowing to be submitted to electors
243.Valid after expiration of month
244.Provision for amendment or diversion
245.Borrowing over a period of years
245A.Expenditure for providing information to electors
246.Conditions of borrowing
247.Issue of debentures to repurchase or redeem earlier debentures
247A.Debt repayment fund
Debentures
248.How executed
248A.Issue and servicing of debentures
249.Coupons
250.How payable
251.Payable in full
252.Provision for registration
253.How authorized
254.Effect of endorsement
255.Provision for cancellation
256.City not concerned with trusts
257.Lost debenture may be replaced
258.Sale of debenture
259.Expenditure may be delayed
260.Application of securities held as investments from sinking funds
261.Sinking fund accounts
262.Provision for transfer of surplus to sinking fund
263.Borrowing pending collection of real-property taxes
264.Borrowing pending sale of debentures
265.Repealed
266-
267A.
Repealed
268.Repealed
Part VI — Licences
269.Chief Licence Inspector
270.Powers of inspection
271.Duty to give access and information
272.By-laws respecting business regulation and licensing
272.1Restrictions on authority to regulate in relation to passenger directed vehicles
273.Terms and conditions of a licence
274.Payable in advance
275.Powers discretionary
276.Licence for each place of business
277.Power to suspend licences
277.1Delegation of Council hearings and appeals
278.Procedure where suspension or revocation recommended
279.Certain provisions of Liquor Control and Licensing Act not to apply
279A.Shops regulation
279A.1Hours of business: licensed establishments and prescribed business premises
279B.Regulation of "burglar alarms"
279C.Regulation of fire alarm systems
Part VII — Business Tax
279AA.Government activities
280.By-laws respecting business tax
281.Access and information to be given
282.Interest on unpaid taxes
283.Status of owner-occupier
284.Tax a debt
285.Services included
286.Basis of assessment
287.Certain companies liable for tax
Part VIII — Public Works
288.City Engineer's status
289.Streets and parks vested in city
289A.Use of streets and adjacent property
290.Protection of streets
291.Council powers in relation to streets and other matters
291A.Access to property and right to purchase
291B.Appeal against decision of Registrar
292.Subdivision control
293.Appeal and procedure
294.Limitation of actions
294A.Repealed
295.Remedy over
296.Third-party procedure
297.If claim paid by city
298.When validity of judgment applies
299.Condition of recovery
Water
300.Council powers in relation to water
Energy Utility System
300.1Establishment and operation of energy utility system
Wharves
301.Provision of wharves
Sewers and Drains
302.Council powers in relation to sewers, drains and watercourses
Solid Waste
303.Council powers in relation to solid waste
Part IX — Buildings
304.Interpretation
305.City Building Inspector
306.By-laws respecting building regulation
306A.Repealed
306B.Building Board of Appeal
307.Eviction of tenants may be effected
308.Taxes may be remitted
308A.Regulated by by-law
Part X — Fire Prevention and Control
309.Fire Department established
310.Council powers in relation to Fire Department
311.By-laws respecting fire prevention and control
Part XI — Electrical and Gas Works
312.City Electrician
313.His powers of entry for inspection
314.Powers of Council
315.Water powers
316.Saving clause
Part XII — Street Traffic
317.By-laws respecting streets, traffic, carriers, parking and other matters
317.1Restrictions on authority to regulate in relation to passenger directed vehicles
318.Council powers in relation to traffic control
319.By-laws respecting other use of streets
319.1Relaxation of advertising by-laws
319.2Temporary traffic restriction and traffic control
320.Street names and signs
321.Filings to be made
Part XIII — Airport
322.Airport operations
Part XIV — Nuisances
323.By-laws respecting nuisances, noise and other matters
324.By-laws respecting impoundment and keeping of animals
324.1Dangerous dogs
324ARemedial action to address nuisance or danger
324BRecovery of city's costs
324CRemedial action to address dilapidated or unclean building, structure or erection
324DShorter time limit in urgent circumstances
Part XV — Health
325.Health Department
326.Repealed
327.Repealed
328.Inspection
329.Access to be permitted
330.By-laws respecting health protection
Part XVI — Cemeteries or Related Property
331.Council powers in relation to cemeteries and related property
332.Repealed
Part XVII — Penalties
333.Fines and penalties
333A.Repealed
333B.Enforcement of bylaws
333C.Additional sentencing powers in relation to Offence Act prosecutions
334.Civil proceedings by city
335.Powers of Justice of the Peace
336.Expense may be recovered from defaulter
336A.Delegation of power to board or tribunal
336B.Violation of by-law
336C.Responsibility for by-law violation in building
336D.Note on title about building that is unsafe or contravenes by-law
Part XVIII — Department of Industrial Development
337.Department of Industrial Development may be established
Part XIX — Professional Contests and Exhibitions
338.Power to prohibit professional contests and exhibitions
Part XX — Real-Property Taxation
339.Repealed
340-348.Repealed
349.Contiguous parcels
350.Repealed
351.Apportionment of taxes on subdivision
352-367.Repealed
368.Repealed
369-371.Repealed
Estimates and Rating By-law
372.Annual estimates
373.Annual rating by-law
374.Levy on net taxable value
374.1Interpretation
374.2Variable property tax rate system
374.3Limits on variable tax rate system
374.4Assessment averaging and phasing in by-laws
374.5Repealed
375.Pending appeals, how dealt with
376.Rebates or penalties
376.1Preparation and revision of residential flat rate tax roll
377-378.Repealed
Appeals from Real-Property Court of Revision
379-384.Repealed
385.Repealed
386-395.Repealed
395A.Assessment for golf courses
Taxation of Real Property
396.Property tax exemptions
396A.Exemptions for heritage property
396B.Repayment requirement in relation to heritage exemptions
396C.Exemptions for riparian property
396D.Repayment requirement in relation to riparian exemptions
396E.Revitalization tax exemptions
396F.Exemptions for not for profit property
397.Extent of property tax exemptions
398.Taxation of utility property
399.Exemption from business tax
Collection of Real-Property Taxes
399.1Definition
400.Tax roll
401.Content of tax roll
401A.Supplementary roll
402.Collector to have custody
403.Mailing and content of tax statements
404.Date of mailing to be recorded
405.Request for copies of tax statement
406.Warning of tax sale
407.Further warning of tax sale
408.Repealed
409.Special charges that are to be collected as real-property taxes
409.1Appeal against special charge
410.Taxes deemed due at beginning of year
411.When delinquent
412.Payment of taxes in advance
413.Persons liable for taxes
413A.Taxes to be first charge against lands
414.Constitute special lien
415.Interest
416.Payment by instalments
417.Application of term payments
418.Memo, showing taxes to be had
419.Taxes deemed legal after one year
420.Tax roll prima facie proof of debt
421.Apportionment where boundaries changed
Collection of School Taxes
421A.Agent of board of education
421B.Council to pay school taxes
421C.Taxes in arrear
Sale of Real Property for Delinquent Taxes Thereon
422.Tax sale each year
423.Status of Crown lands
424.Notice of sale
425.Collector to be auctioneer
426.Withdrawal of parcel from sale
427.Price to be paid
428.Reoffer of parcel
429.Amount to be paid at sale
430.Balance within a year
431.Certificate of purchase
432.Its contents
433.Copy of sections included
434.Mode of transfer
435.Notice by Collector to interested parties
436.Status of parcel so sold
437.Mode of redemption
438.Right to complain
439.Demand to be sent
440.Purchaser to be registered
441.Forfeiture if he defaults
442.Status of parcel upon such default
443.Status of former owner after sale
444.Status of sale set aside
445.Cancellation of sale for manifest error
446.Protection against actions
447.Notice vitiates claim
448.City may acquire possession of parcel sold
449.Person redeeming may pay by instalments
450.Sale by city of parcels acquired at sale
451.Mode of recovering parcel from defaulting owner
452.Surplus in hands of Collector
453.Action may be taken
454.Period of limitation
Part XXI — Business Improvement Areas
455.Business improvement areas
456.Grants of money
457.Application and recovery of money
458.Alteration of boundaries
459.Levies for business improvement areas
460.Advances
461.Part XX to apply
462.Expiry of by-law
463.Repealed
464-473.Repealed
473A.Repealed
473B-
474.
Repealed
Part XXII — Police Magistrates
474.1Interpretation
475-480.Repealed
481.Enforcement of laws
482.Ticket offences under procedure of previous Offence Act provisions
482.1Ticket offences
482.2Penalties in relation to ticket offences
482.3Laying information and serving ticket
482.4Choice of paying fine or disputing ticket
482.5Effect of paying fine
482.6Hearing of dispute
482.7Failure to appear at hearing
482.8Failure to respond to ticket
482.9Time extensions if person not at fault in failing to respond or appear
482.91Regulations in relation to ticket offences
483.Disposal of property by police
484.Repealed
484A-
484B.
Repealed
Part XXIII — Parks
485.Park Board established
486.Elections for Park Board
486A.Application of conflict of interest and other disqualification provisions
487.Repealed
488.Parks in care of Board
489.Park Board powers in relation to parks
489A.Power of Board to perform works
489B.Payments to members of the Board
490.Board's power of leasing, etc.
491.Park Board by-laws in relation to parks
491.1Relaxation of advertising and sign by-laws
491A.Meetings of the Board
492.Board's estimates to be submitted each year
493.Adopted estimates not to be exceeded
494.Enforcement of by-laws
495.Special meetings of the Board
496.Certain employees to have special powers
497.Power to make agreements with other municipalities
497A.Board's jurisdiction outside city
Part XXIV — Local Improvements
498.Interpretation
499.Mailing of notices
500.Local improvement projects
501.Property-owner's share of the cost
502.City's share of the cost
503.Crown, how dealt with
504.Property otherwise exempt may be taxed
505.Borrowing for project
506.Process for initiating local improvements
506A.Collective parking project
506B.Maintenance of local improvements
507.Local improvements on Council initiative
508.By-law making regulations
509.How joint owners dealt with
510.Preparation of special assessment roll before local improvement by-law passed
511.Its powers and duties
512.Provision for additions to roll
513.Further appeal
513.1Complaints about averaging and phasing in by-laws
514.Roll not to be questioned
515.Costs to be apportioned
516.Local improvement by-law
517.Amounts to go in tax roll
518.Council responsibilities and powers if special assessment by-law inoperative
519.Project may be reduced in scope
520.Part V to apply
521.Effect on city's debt
522.Shortage, how dealt with
523.Excess, how dealt with
523A.Resolution cancelling local improvement or work
523B.Special rates levy
523C.Council may defer levies
523C.1Council may assume levies
Part XXIV-A — Development Cost Levies
523D.Development cost levies
Part XXV — Quashing By-laws and Resolutions
524.Illegal by-law or resolution may be quashed
525.Notice and security
526.Service on city within one month
527.Particulars to be given
528.Repealed
529.Applies to corrupt practices, etc.
530.Procedure on application alleging corrupt practices, etc.
Part XXVI — Compensation for Real Property Expropriated or Injured
531.Repealed
Expropriation
532.Power to expropriate
533-537.Repealed
538.Additional area may be acquired
539-540.Repealed
540.1Power to expropriate personal property
540A.Repealed
Injurious Affection
541.Compensation for injurious affection
542.Power to enter other property
543.Claim to be filed
544.How damage ascertained
General
545-550.Repealed
551.Change of street grade
552.Traffic powers
553-557.Repealed
558.Repealed
Part XXVII — Planning and Development
Division (1) — Interpretation
559.Interpretation
Division (2) — Planning and Development
560.Appointment of Director of Planning
560A.Power of entry to inspect
561.Development plans
561ARequirements for excess or extended services
561BLatecomer charges and cost recovery for excess or extended services
562.Council powers respecting official development plan
562.01Greenhouse gas emissions reduction targets
562.1Planning of school facilities
563.Undertakings, official development plan
564.Acquisition and expropriation powers in relation to official development plan
564A.Repealed
Division (3) — Zoning
565.Zoning by-law
565.01Residential rental tenure
565.02Strata rental bylaws and housing cooperative rules
565.1Zoning for amenities and affordable housing
565.2Housing agreements for affordable and special needs housing
565A.By-laws
565B.Occupancy of suite defined
565C.Conditional approval use of suite
565D.Occupancy of phase out suite
565E.Expiry of development permit which is limited in time
565F.Landscaping requirements
566.Amendment or repeal of zoning by-law
567.By-laws governing restrictions as to height of buildings, size of courts and yards
568.Non-conforming use
568.1Non-compliant form of tenure
568.2Non-compliant form of tenure: repair, extension and alteration
568.3Change in ownership, tenants or occupants in relation to form of tenure
568.4Dissolution of strata corporations
569.Property injuriously affected
570.Withholding of permit pending adoption of zoning by-law
571.Repealed
571A.Sign by-laws
571AA.Relaxation of sign by-laws
571BEnvironmental Management Act requirements must be met
571C.Agreements for regulating contaminated sites
571D.Approval of bylaw
571ERegulations
Division (4) — Board of Variance
572.Establishment and membership of Board of Variance
573.Appeals to Board of Variance
Division (5) — Advisory Planning Commission
574.Personnel and powers of Commission
Division (6) — Housing Needs Reports
574.1Housing needs reports
574.2Collection of housing information
574.3Content of housing needs report
574.4When and how housing needs report must be received
574.5Publication of housing needs report
574.6Regulations
Part XXVIII — Heritage Conservation
Division (1) — General
575.Definitions
576.Limits on the use of this Part
577.Limit on compensation
578.By-law and permit procedures
579.Delegation of Council authority
580.Ombudsperson review of Council decisions
Division (2) — Heritage Review
581.Heritage commissions
582.Heritage register
583.Heritage inspection may be ordered
584.Entry authority for a heritage inspection
585.Impact assessment may be required
586.Requests for Provincial protection
Division (3) — Temporary Protection
587.Withholding of approvals
588.Withholding of demolition permits pending other approvals
589.Orders for temporary protection
589A.Temporary protection by introduction of a continuing protection by-law
590.Heritage control periods for temporary protection
591.Temporary protection
Division (4) — Continuing Protection
592.Heritage revitalization agreements
593.Heritage designation protection
594.Heritage designation procedure
595.Compensation for heritage designation
595A.Transfer of increased density provided as compensation for heritage designation
596.Heritage site maintenance standards
596A.Designation of heritage conservation areas
596B.Heritage conservation areas
Division (5) — Heritage Alteration Permits
597.Heritage alteration permits
598.Requirements and conditions in a heritage alteration permit
Division (6) — Notices under this Part
599.Giving notice to owners and occupiers
600.Posting notice on protected heritage property
601.Notice on land titles
602.Notice to minister responsible for the Heritage Conservation Act
603.Regulations regarding notices
Division (7) — Remedies and Offences
604.Civil remedies in relation to heritage property
605.Notice of contravention may be filed in land title office
606.Offences and penalties
Part XXIX — Protection of Trees
607.General protection of trees
608.Regulation of tree cutting and removal
609.Significant trees
610.Hazardous trees and shrubs
611.Removal or replacement of trees at owner's expense
612.Assessment and inspection of trees
613.Limits on powers under this division
614.Reconsideration of delegate's decision
Part XXX — Vacancy Tax
615.Definitions for this Part
616.Vacancy tax
617.Required vacancy tax by-law provisions
618.Permissive vacancy tax by-law powers
619.Vacancy tax by-law variation power
620.Property status declarations
621.Entering onto residential property
622.Regulations

Preamble

WHEREAS by the Vancouver Enabling Act, 1949, the City of Vancouver was authorized, without conforming with the requirements of the Standing Orders relating to Private Bills as to notices or fees, to apply to the Legislature for a Private Bill, to be known as the Vancouver Charter, to supersede and replace the said Vancouver Incorporation Act, 1921, and all amendments thereto:

And whereas a petition has been presented by the City of Vancouver praying accordingly:

And whereas it is expedient to grant the prayer of the said petition:

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:—

Short title

1.   This Act may be cited as the Vancouver Charter.

1953-55-1.

Interpretation

2.   In this Act, and in any by-law passed pursuant to this Act, unless the context otherwise requires,

"assent voting" means assent voting under Part II [Assent Voting];

"assessed value" means assessed value as determined under the Assessment Act;

"assessor" means an assessor appointed under the Assessment Authority Act;

"city" means the City of Vancouver;

"conservation" includes any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;

"Council" means the Council of the city;

"court" means the Supreme Court;

"Crown lands" means real property belonging to Canada or the Province, and includes real property held in trust for a body or tribe of Indians;

"elector" means a resident elector or a non-resident property elector;

"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;

"heritage property" means property that

(a) in the opinion of a person or body authorized to exercise a power under this Act in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or

(b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, scientific or educational worth or usefulness of property or an area;

"housing cooperative" has the same meaning as in section 1 of the Cooperative Association Act;

"housing information" means the housing information collected under section 574.2 [collection of housing information];

"housing needs report" means a housing needs report within the meaning of Division (6) of Part XXVII;

"improvements" for the purpose of levying rates means improvements as defined in the Assessment Act;

"improvements" for purposes other than levying of rates includes buildings, structures, machinery and other things so affixed to the land as to make them in law a part of the land;

"Judge" means a Judge of the Supreme Court of British Columbia;

"land" does not include improvements;

"land title office" means the office of the Vancouver Land Title District, and "registered", when used in respect of real property, means registered in that office;

"local government" means

(a) the council of a municipality, including the Council of the city, and

(b) the board of a regional district;

"newspaper" means, in relation to a requirement or authorization for publication in a newspaper, a publication or local periodical that contains items of news and advertising;

"non-resident property elector" means a person who at the relevant time meets the qualifications under section 24;

"occupier", when used with respect to Crown lands, includes tenant and holder of an agreement to purchase;

"other administrative body" means an unincorporated body other than the Council, that under this or another Act may exercise powers of the city or Council, and includes the Board of Parks and Recreation;

"owner under agreement" means a person who is registered as the last holder, either directly or by assignment, of an agreement for the sale and purchase of real property;

"parcel" means any lot, block, or other area in which real property is held or into which real property is subdivided, but does not include a street, or any portion thereof;

"Park Board" means the Park Board established under section 485;

"protected heritage property" means property that is

(a) protected under section 12.1 (2) of the Heritage Conservation Act,

(b) designated as protected under section 593 [heritage designation protection], or

(c) listed in a schedule included under section 596A (3) (b) [designation of heritage conservation areas] in an official development plan;

"real property" includes land and every improvement thereon;

"registered owner" means the person registered in the land title office as entitled to the fee simple;

"regulating" includes authorizing, controlling, limiting, inspecting, restricting, and prohibiting;

"resident elector" means a person who, at the relevant time, meets the qualifications under section 23;

"strata corporation" has the same meaning as in section 1 of the Strata Property Act;

"street" includes public road, highway, bridge, viaduct, lane, and sidewalk, and any other way normally open to the use of the public, but does not include a private right-of-way on private property.

1953-55-2; 1956-70-2; 1958-72-2; 1977-30-145, proclaimed effective September 30, 1977; 1978-25-333, 334, proclaimed effective October 31, 1979; 1985-20-40, effective October 1, 1985 for some purposes and in full effect January 1, 1987 (B.C. Reg. 291/85); 1989-40-218; 1993-54-60; 1994-43-83; 1994-52-132; 1997-25-160; 1999-37-281; 2000-7-252; 2002-22-25; 2004-34-19; 2010-6-125; 2014-19-112; 2018-23-43; 2018-20-5; 2019-26-39; 2021-5-84.

Application of specified local government enactments

2.1   (1) The following provisions of the Local Government Act apply to the city:

(a) section 37 [transfer of Provincial property tax money if rural land included in municipality];

(b) section 328 (4) [fire and security alarm systems];

(c) Part 13 [Regional Growth Strategies];

(d) section 462 (6) [fees related to applications and inspections];

(e) section 582 [provincial policy guidelines];

(f) [Repealed 2020-1-8.]

(g) section 731 [improvement district property exempt from taxation];

(h) Division 1 [Certification of Senior Officials] of Part 19;

(i) the provisions of the former Part 24 [Regional Districts], as the former Part 24 is defined in the Schedule to that Act.

(2) The following provisions of the Community Charter apply to the city:

(a) section 193.1 [interest calculation];

(b) section 223 [exemptions under regulations];

(c) Division 3 [Dispute Resolution] of Part 9 [Governmental Relations].

(2.1) The definitions in the Local Government Act and the Community Charter apply to the city in relation to the application of the provisions referred to in subsections (1) and (2).

(3) Despite anything in the Community Charter or the Local Government Act to the contrary, the only provisions of those Acts that apply to the city are the provisions referred to in this Act.

(4) The following Acts apply to the city:

(a) the Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261;

(b) the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61;

(c) the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44.

1994-43-84; 1995-9-16; 1997-25-161; 1998-34-309; 1999-37-282 to 284; 2000-7-191; 2003-52-498; 2004-7-9; 2004-67-38; 2006-3-26; 2014-14-47; 2014-19-113; RS2015-1-RevSch; 2020-1-8.

Requirements for public notice

3   (1) If this section applies, the applicable notice must be published in accordance with this section.

(2) Subject to subsection (4), publication

(a) must be in a newspaper that is distributed at least weekly

(i) in the area affected by the subject matter of the notice, and

(ii) if the area affected is not in the city, also in the city, and

(b) unless otherwise provided, must be once each week for 2 consecutive weeks.

(3) The obligation under subsection (2) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.

(4) If publication under subsection (2) is not practicable, the notice may be given in the areas by alternative means as long as the notice

(a) is given within the same time period as required for publication,

(b) is given with the same frequency as required for publication, and

(c) provides notice that the Council considers is reasonably equivalent to that which would be provided by newspaper publication if it were practicable.

(5) As an exception, subsection (4) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.

(6) If the same matter is subject to 2 or more requirements for publication in accordance with this section, the notices may be combined so long as the requirements of all applicable provisions are met.

(7) The Council may provide any additional notice respecting a matter that it considers appropriate, including by the Internet or other electronic means.

2010-6-126.

Deputies may be appointed

4.   (1) The Council may appoint one or more persons to act as deputy of the Director of Finance, City Clerk or other employee of the city.

(2) If the person for whom deputies are appointed is absent or ceases to hold office, the deputies of that person shall exercise and discharge the powers, functions and duties of the person during the absence, or, in the case of the person ceasing to hold office, until the Council otherwise determines, and in the meantime all things required or authorized to be done by that person may be lawfully done by such deputies.

1992-57-2.

Procedure if no deputy

5.   In the absence from his duties of any employee for whom no deputy has been appointed, or if such employee dies or otherwise ceases to hold office, the Mayor may in writing appoint some person to act in his stead pending action by the Council.

1953-55-5.

City of Vancouver — corporation and boundaries

6.   The inhabitants of the area, the boundaries of which are described in this section, shall continue to be a corporation and a municipality with the name of City of Vancouver:

Boundaries of the city

Commencing at a point in the First Narrows of Burrard Inlet, which point is eight hundred (800) feet distant northerly, measured along a line astronomically north from the light in Prospect Point Lighthouse; thence south-easterly in a straight line to a point in Burrard Inlet on the production northerly of the boundary between District Lot Five hundred and forty-one (541) and District Lot One hundred and eighty-five (185), which point is situate at the intersection of the said production with the straight line from the light in Brockton Point Lighthouse to a point in the Second Narrows of Burrard Inlet distant five hundred (500) feet northerly, measured along the production northerly of the easterly boundary of the Town of Hastings from a boundary survey monument set at or near the high-water mark for the southerly shore of Burrard Inlet and on the said easterly boundary of the Town of Hastings; thence easterly along the aforedescribed straight line to the aforesaid point on the production northerly of the easterly boundary of the Town of Hastings; thence southerly, following in succession along the said production northerly of the easterly boundary of the Town of Hastings, the said easterly boundary of the Town of Hastings, the easterly boundary of District Lot Thirty-six (36), the easterly boundary of District Lot Forty-nine (49), the easterly boundary of District Lot Three hundred and thirty-nine (339), the easterly boundary of District Lot Three hundred and thirty-five (335), the easterly boundary of District Lot Three hundred and thirty-one (331), and along the production southerly of the said easterly boundary of District Lot Three hundred and thirty-one (331) to intersection of the same with a line drawn parallel to and two hundred (200) feet perpendicularly distant southerly from low-water mark of the north bank of the North Arm of Fraser River; thence in a general westerly direction, following the said line drawn parallel to and two hundred (200) feet perpendicularly distant southerly from low-water mark of the north bank of the North Arm of Fraser River to intersection of the same with the production southerly of the westerly boundary of District Lot Three hundred and eleven (311); thence southerly along the said westerly boundary of District Lot Three hundred and eleven (311) thus produced to the centre line of the North Arm of Fraser River; thence in a general westerly direction, following the said centre line and continuing along the centre line of the channel of navigation of the North Fork of the North Arm of Fraser River, passing to the north of Sea Island, Richmond Island, Christopher Wood's Island (D.L. 309), Iona Island (D.L. 236), and to the south of Cowan Island (D.L. 307), Stewart Island (D.L. 308), and Doering Island (D.L. 306), to intersection of the said centre line of the channel of navigation with the production southerly of the easterly boundary of Musqueam Indian Reserve Number Two (2); thence northerly along the said easterly boundary thus produced to intersection of the same with a line drawn parallel to and five hundred (500) feet perpendicularly distant southerly from the south-westerly boundary of the said Indian reserve; thence in a general north-westerly direction, following the said line drawn parallel to and five hundred (500) feet perpendicularly distant southerly from the south-westerly boundary of the said Indian reserve to the intersection of the same with the production southerly of the most westerly boundary of the said Indian reserve; thence northerly along the said westerly boundary thus produced and along the said westerly boundary to the north-westerly corner of the said Indian reserve; thence easterly, northerly, and easterly, following in succession along the northerly boundary of the said Indian reserve to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Three hundred and twenty (320); thence northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the said westerly boundary of District Lot Three hundred and twenty (320), and continuing northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Two thousand and twenty-seven (2027) to intersection of the same with the line perpendicular to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) from the south-west corner of Block Eighteen (18) therein; thence westerly at right angles to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) a distance of four hundred and ten (410) feet; thence northerly, parallel to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) a distance of six hundred and sixty-seven and seven-tenths (667.7) feet, more or less; thence easterly along the arc of a circular curve to the right, having a radius of curvature of one thousand four hundred and fifty (1,450) feet, and arc distance of three hundred and eighty-one and four-tenths (381.4) feet, more or less, to a point of tangency to and on the production westerly of the line perpendicular to the aforesaid westerly boundary of District Lot Two thousand and twenty-seven (2027) from the north-west corner of Block Nineteen (19) therein, which point of tangency is situate sixty-six (66) feet distant westerly, measured along the said perpendicular line from the said corner of Block Nineteen (19); thence easterly along the aforesaid perpendicular line to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Two thousand and twenty-seven (2027); thence northerly and parallel to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) to intersection with the production easterly of a line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of Block Two hundred and ninety-two (292), District Lot One hundred and forty (140); thence westerly following in the said production easterly of a line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of Block Two hundred and ninety-two (292), and continuing westerly in the said line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of said Block Two hundred and ninety-two (292) to an intersection with the southerly production of a radius passing through the beginning of a curve to the right in the said southerly boundary of Block Two hundred and ninety-two (292); thence westerly and north-westerly in the arc of a curve to the right of radius one hundred and eighty-nine and seven-tenths (189.7) feet concentric with the said curve to the right in the southerly boundary of Block Two hundred and ninety-two (292) to an intersection with the south-westerly production of a radius passing the end of said curve to the right in the southerly boundary of Block Two hundred and ninety-two (292); thence north-westerly in a straight line drawn parallel to and thirty (30) feet perpendicularly distant south-westerly from the said southerly boundary of Block Two hundred and ninety-two (292) to an intersection with the southerly production of a line drawn parallel to and seventy (70) feet perpendicularly distant westerly from the westerly boundary of said Block Two hundred and ninety-two (292); thence northerly in the said southerly production of a line drawn parallel to and seventy (70) feet perpendicularly distant westerly from the westerly boundary of Block Two hundred and ninety-two (292) and continuing northerly in the said line to an intersection with the westerly production of a line drawn parallel to and fifty (50) feet perpendicularly distant north of the northerly boundary of said Block Two hundred and ninety-two (292); thence easterly in the said westerly production of a line drawn parallel to and fifty (50) feet perpendicularly distant north of the northerly boundary of Block Two hundred and ninety-two (292) and continuing easterly in the said line to an intersection with the northerly production of a radius passing through a beginning of curve to the right in the said northerly boundary of Block Two hundred and ninety-two (292); thence easterly in the arc of a curve to the right of radius nine hundred and fifty-five and thirty-seven one-hundredths (955.37) feet concentric with the said curve to the right in the northerly boundary of Block Two hundred and ninety-two (292) to an intersection with the northerly production of a radius passing through the end of said curve to the right in the northerly boundary of Block Two hundred and ninety-two (292); thence easterly in a line drawn parallel to and fifty (50) feet perpendicularly distant north of the said northerly boundary of Block Two hundred and ninety-two (292) to intersection with the northerly production of a line drawn parallel to and one hundred (100) feet perpendicularly distant west of the westerly boundary of Lot C in said Block Two hundred and ninety-two (292); thence northerly in the said northerly production of a line drawn parallel to and one hundred (100) feet perpendicularly distant west of the westerly boundary of Lot C in Block Two hundred and ninety-two (292) a distance of fifty (50) feet; thence easterly in a line drawn parallel to and one hundred (100) feet perpendicularly north of the said northerly boundary of Block Two hundred and ninety-two (292) to intersection with the northerly production of the said westerly boundary of Lot C; thence southerly in the said northerly production of the westerly boundary of Lot C to a point in the said northerly boundary of Block Two hundred and ninety-two (292); thence easterly in the said northerly boundary of Block Two hundred and ninety-two (292) and the easterly production thereof to a point in the said westerly boundary of District Lot Two thousand and twenty-seven (2027); thence northerly in a straight line to the north-west corner of the said District Lot Two thousand and twenty-seven (2027); thence northerly in a straight line to a point on the centre line of Eighteenth Avenue produced westerly, which point is situate thirty-three (33) feet distant westerly, measured along the said centre line thus produced from its intersection with the westerly boundary of Block Forty-four (44) in District Lot One hundred and thirty-nine (139); thence westerly, parallel to the centre line of Sixteenth Avenue (which centre line shall be deemed to be, for the purpose of this description, that line drawn parallel to and sixty-six (66) feet perpendicularly distant southerly from the northern limit of Sixteenth Avenue) to intersection of the same with the centre line of Discovery Street; thence northerly along the centre line of Discovery Street to intersection of the same with the said centre line of Sixteenth Avenue; thence westerly along the centre line of Sixteenth Avenue to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of Block One hundred and sixty (160) in District Lot Five hundred and forty (540); thence northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundaries, in succession, of Blocks One hundred and sixty (160), One hundred and fifty-nine (159), One hundred and fifty-two (152), One hundred and fifty-one (151), and One hundred and forty-four (144) respectively in District Lot Five hundred and forty (540) to intersection of the same with the centre line of Sixth Avenue; thence westerly along the centre line of Sixth Avenue, being along a curve to the left, concentric with and radially distant forty (40) feet southerly from the southerly boundary of Block Seven (7) in District Lot One hundred and forty (140), to intersection of the same with the continuation southerly of the curve, concentric with and radially distant thirty-three (33) feet westerly from the westerly boundary of the said Block Seven (7) in District Lot One hundred and forty (140); thence northerly along the said curve, concentric with and radially distant thirty-three (33) feet westerly from the said westerly boundary of Block Seven (7) in District Lot One hundred and forty (140), and along the continuation northerly thereof, to intersection of the same with the centre line of the one-hundred-and-twenty-foot street lying between Blocks Six (6) and Seven (7) in District Lot One hundred and forty (140) (which street is now known as "Fourth Avenue"); thence westerly along the centre line of the said one-hundred-and-twenty-foot street to intersection of the same with the production southerly of the westerly boundary of Block Five (5) in District Lot One hundred and forty (140); thence northerly along the said production, and continuing northerly along the westerly boundaries, in succession, of Blocks Five (5), Three (3), and One (1) respectively in District Lot One hundred and forty (140) to the north-west corner of the said Block One (1); thence continuing northerly along the production northerly of the said westerly boundary of Block One (1) in District Lot One hundred and forty (140) a distance of forty (40) feet, more or less, to a boundary survey monument set at or near the high-water mark of Burrard Inlet; thence along a line bearing astronomically north, thirteen (13) degrees east, a distance of two thousand (2,000) feet; thence easterly in a straight line to a point in English Bay of Burrard Inlet, which point is situate astronomically north and three thousand (3,000) feet distant from a boundary survey monument set on the boundary between District Lot Five hundred and twenty-six (526) and District Lot One hundred and ninety-two (192) and set at a distance southerly from high-water mark of English Bay of approximately fifty (50) feet; thence astronomically north to intersection with a line drawn astronomically west through the aforedescribed point of commencement; thence astronomically east to the said point of commencement; each and every of the district lots herein mentioned being more particularly described as being in Group One (1), New Westminster District of the Province of British Columbia.

1953-55-6; 1970-54-2; 1972-67-3.

Part I — Electors and Elections

Division (1) — Interpretation

Definitions

7.   In this Part

"additional advance voting opportunity" means a voting opportunity under section 70;

"additional general voting opportunity" means a voting opportunity under section 68;

"advance voting opportunity" means a required advance voting opportunity or an additional advance voting opportunity;

"candidate"

(a) means a person who is declared to be a candidate under section 46, and

(b) for the purposes of Division (6.1) [Candidate Endorsement by Elector Organization], includes a person who is seeking endorsement or is proposed to be endorsed under that Division;

"candidate representative" means an official agent or a scrutineer appointed under section 53;

"chief election officer" means the election official referred to in section 14 (1);

"election" means an election for Mayor or an election for the number of persons required to fill the office of Councillor;

"election area" means the city, neighbourhood constituency or other area for which an election is held under this Act or other local elections legislation;

"election official" means the City Clerk, if this person is the chief election officer, or a person appointed under section 14;

"election proceedings" means nomination, voting or counting proceedings under this Part;

"elector organization" means an organization that endorses a candidate under Division (6.1) [Candidate Endorsement by Elector Organization] of this Part;

"endorsement", in relation to a candidate, means the endorsement of the candidate by an elector organization under Division (6.1) [Candidate Endorsement by Elector Organization];

"endorsement documents" means documents required to be filed by an elector organization under section 45.4 [endorsement documents];

"general voting" means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 20;

"general voting day" means,

(a) in relation to an election, the applicable day established under

(i) section 9 (2) [general local elections],

(ii) section 10 (5) [by-elections],

(iii) section 11 [election to be conducted under minister's order],

(iv) section 114 (5) [runoff election if tie vote after a judicial recount], or

(v) section 127 [ministerial orders in special circumstances], and

(b) in relation to assent voting, the applicable day established under

(i) section 134 [authority to set general voting day], or

(ii) section 127 [ministerial orders in special circumstances] as it applies to assent voting;

"held at the same time", in relation to elections and assent voting, means being held at the same time in accordance with the rules established by section 6 [when elections, or elections and assent voting, are considered to be held at the same time] of the Local Elections Campaign Financing Act;

"judicial recount" means a judicial recount under Division (14);

"neighbourhood constituency" means an election area established as a neighbourhood constituency under section 138;

"nomination deposit" means a nomination deposit required by by-law under section 44.1 [nomination deposits may be required];

"nomination documents" means the documents required by section 44 (1) and (2);

"nomination period" means the period referred to in section 41 or, if applicable, as extended by an adjournment under section 20;

"official agent" means an official agent appointed under section 53 (1) (a) [appointment of candidate representatives] to represent a candidate;

"presiding election official" means, in relation to election proceedings, the chief election officer or the election official appointed under section 14 (3) (b) to act as presiding election official for those proceedings;

"required advance voting opportunity" means a voting opportunity under section 69;

"required general voting opportunity" means a voting opportunity on general voting day at a voting place under section 67;

"residential address" includes an indication of the area in which a person lives if no other specific designation is reasonably available;

"solemn declaration" means a declaration on oath or by solemn affirmation in accordance with section 18;

"special voting opportunity" means a voting opportunity under section 71;

"voting compartment" means an area described in section 85 (3);

"voting day" means the general voting day for an election, a day on which an advance voting opportunity for the election is offered or a day on which a special voting opportunity for the election is offered;

"voting hours" means the time during which voting is permitted on a voting day;

"voting opportunity" means an opportunity referred to in section 66 for some or all electors of an election area to vote in an election for the election area;

"voting place" means a place where voting proceedings at general voting or an advance voting opportunity are conducted.

1993-54-61; 1994-52-133; 1999-37-285; 2008-5-38; 2014-19-114.

Time not extended for voting days

8.   Sections 25 (3) and (4) and 25.5 (1) and (2) of the Interpretation Act, extending a time period if the time for doing an act expires or falls on a holiday or on a day when a business office is not open during regular business hours, do not apply to a voting day.

2018-5-15.

This Act applies

8.1   To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts I and II of this Act apply despite that Act.

1995-29-5.

Division (2) — Arrangements for Elections

General local election

9.   (1) Elections for the Mayor and all Councillors, to be known collectively as a general local election, must be held in the year 2014 and in every 4th year after that.

(2) General voting day for a general local election must be the 3rd Saturday of October in the year of the election.

1993-54-61; 2014-19-115; 2014-19-185.

By-elections

10.   (1) Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in the Council that occurs in any of the following circumstances:

(a) a person elected or appointed to the office under this Part dies before taking office or the person holding the office dies;

(b) the person holding the office resigns under section 142 [resignation from office];

(c) the office is declared vacant on an application under section 115 [application to court], or a candidate affected by such an application renounces claim to the office under subsection (9) of that section;

(d) the office becomes vacant under section 142.1 [application to court for declaration of disqualification];

(e) the office becomes vacant under any of the following sections of the Local Elections Campaign Financing Act:

(i) section 64 (2) (a) [candidate penalties for failure to disclose];

(ii) section 65 (1) (a) [candidate penalties for false or misleading disclosure];

(iii) section 65.1 (1) [endorsed candidate penalties for elector organization failing to file disclosure documents or disclosing false or misleading information];

(iv) section 68.01 (3) [candidate penalties for exceeding expense limits or amount available].

(2) As an exception to subsection (1), the Council may decide that an election is not to be held if the vacancy occurs after June 1 in the year of a general local election that will fill the office.

(3) As a further exception to subsection (1), the Council may decide that an election is not to be held if all the following circumstances apply:

(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;

(b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;

(c) the number of remaining Council members is at least one greater than the quorum for the Council.

(4) As soon as practicable after a vacancy occurs for which an election under this section is to be held, the Council must

(a) appoint a chief election officer for the election, and

(b) notify the minister of the election.

(4.1) As soon as practicable after the appointment under subsection (4) (a), the chief election officer must notify the BC chief electoral officer of the election.

(5) The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.

(6) If the number of members of Council is reduced to less than a quorum, the minister may either

(a) order that the remaining members of the Council constitute a quorum until persons are elected and take office to fill the vacancies, or

(b) appoint qualified persons to fill the vacancies until persons are elected and take office to fill them.

(7) A person elected under this section holds office until the applicable time referred to in section 139 (1) (b) or (2) (b).

1993-54-61; 1999-37-286; 2003-52-499; B.C. Reg. 5/2010; 2014-19-116; 2014-19-186; 2016-9-48.

Minister's order for election to be conducted

11.   (1) If an election is not held or a vacant office is not otherwise filled as required under this Act, the minister may

(a) set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or

(b) order the City Clerk to arrange for the election to be conducted.

(2) If considered necessary in relation to an election under subsection (1), the minister may make orders to provide for the conduct of the election and for the governing of the city until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or by-laws under this Act.

(3) The general voting day for an election under this section must be on a Saturday set by the minister or by the chief election officer in accordance with the directions of the minister.

1993-54-61; 2007-14-201; B.C. Reg. 5/2010.

Election by-laws

12.   (1) Unless otherwise provided, in order for a by-law under this Part or under section 319 (d) or (e), 491 (c) or 571A to apply in relation to a general local election, the by-law must be adopted at least 8 weeks before the first day of the nomination period of the general local election.

(2) Unless otherwise provided, in order for a by-law referred to in subsection (1) to apply in relation to an election under section 10, the by-law must be adopted at least 6 weeks before the first day of the nomination period for the election.

1993-54-61.

Costs of elections

13.   (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the city unless otherwise agreed under this section.

(2) The Council may enter into an agreement with another local government or a board of school trustees under which one party to the agreement conducts an election for the other or in conjunction with an election of the other and, in relation to this, the agreement may provide for the sharing of costs of the elections.

(3) If the Council is a party to an agreement under subsection (2), it may, by by-law, provide that the by-laws of the other party respecting elections apply to elections conducted under the agreement.

(4) An agreement referred to in subsection (2) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.

(5) An election to which an agreement referred to in subsection (4) applies is valid despite the agreement and any by-laws in relation to it having the effect of creating differences in election proceedings between different parts of the election area for which an election is held.

(6) Without limiting subsection (4), an agreement referred to in that subsection may allow the Council to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the election area.

(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the election area, an advance voting opportunity must be open to all electors of the city on the same day.

(8) So long as any required advance voting opportunities are provided, no by-law is necessary for an advance voting opportunity required by subsection (7), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.

(9) The chief election officer must give notice of a voting opportunity to which subsection (8) applies in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.

1993-54-61; 1994-52-134; 2014-19-117.

Appointment of election officials

14.   (1) For the purposes of conducting an election, the City Clerk is to be the chief election officer unless the Council appoints another person to be the chief election officer.

(2) The chief election officer must appoint election officials required for the administration and conduct of the election.

(3) Without limiting the generality of subsection (2), the chief election officer must appoint the following:

(a) a deputy chief election officer;

(b) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official;

(c) election officials to act as alternate presiding election officials for election proceedings;

(d) election officials required to assist the presiding election official at election proceedings.

(4) The chief election officer may delegate the authority under subsection (3) (d) to the presiding election official for the election proceedings.

(5) The chief election officer may appoint peace officers as election officials to assist presiding election officials in fulfilling their duty to maintain peace and order at the election proceedings for which they are responsible.

(6) If an election official is absent or unable to act, a person appointed under this section as deputy or alternate for the official must perform the duties and has the powers of the official.

(7) A candidate, candidate representative or financial agent may not be appointed as an election official.

(8) Before assuming duties, an election official must make a solemn declaration that the person

(a) will faithfully and impartially exercise the powers and perform the duties of the position to which the election official is appointed,

(b) has not received and will not accept any inducement to exercise the powers or perform the duties of the position otherwise than impartially and in accordance with this Act or to otherwise subvert the election,

(c) will preserve the secrecy of the ballot in accordance with section 85, and

(d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.

1993-54-61; 2014-19-118.

Chief election officer duties and powers

15.   (1) In addition to all other duties established by this Part and the Local Elections Campaign Financing Act, the chief election officer must do the following:

(a) ensure that a sufficient number of ballots are prepared for an election by voting;

(b) ensure that each voting place is supplied with sufficient numbers of ballots, ballot boxes and voting books and has an area that may be used as a voting compartment;

(c) take all reasonable precautions to ensure that a person does not vote more than once in an election;

(d) do all other things necessary for the conduct of an election in accordance with this Part, the Local Elections Campaign Financing Act and any bylaws and regulations under this Part or that Act.

(2) In addition to all other powers given by this Part, the chief election officer may do one or more of the following:

(a) exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;

(b) as an exception to the restrictions on where an elector may vote, authorize an election official to vote at the voting place at which the official is working;

(c) take solemn declarations where these are required under this Part or the Local Elections Campaign Financing Act;

(d) delegate to other election officials the chief election officer's duties and powers under this Part or the Local Elections Campaign Financing Act, subject to any restrictions or conditions specified by the chief election officer;

(e) apply to the minister for an order under section 127 [ministerial orders in special circumstances] of this Act or section 99 [ministerial orders in special circumstances] of the Local Elections Campaign Financing Act.

2014-19-119.

Presiding election official duties and powers

16.   (1) In addition to other responsibilities established by this Part, a presiding election official for election proceedings must

(a) ensure, so far as possible, that this Part and regulations and by-laws under it are being complied with, and

(b) take all reasonable precautions to keep the ballots and ballot boxes secure from persons not entitled to have access to them.

(2) In addition to other powers conferred by this Part, a presiding election official may

(a) take solemn declarations where these are required by this Part in relation to the election proceedings for which the presiding election official is responsible, and

(b) if section 125 (4) (c) or (d) is being contravened, enter on the property where the materials that are the subject of the contravention are located and remove or cover them or otherwise obscure them from view, or authorize another person to do so.

1993-54-61.

Division (3) — Election Proceedings Generally

Public notices

17.   (1) If this Part requires notice to be given in accordance with this section, the notice must be given within the applicable time period by publication in a newspaper or other local periodical or publication that contains items of news and advertising and is distributed at least weekly in the area that is affected by the matter.

(2) If publication under subsection (1) is not practicable, the notice must be given to the public by alternative means within the same time period.

(3) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.

1993-54-61; 2000-7-254.

Solemn declarations

18.   (1) Where this Part requires a solemn declaration to be made, the declaration must be

(a) made on oath or by solemn affirmation,

(b) made before a commissioner for taking affidavits for British Columbia or a person authorized by this Part to take the oath or solemn affirmation, and

(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.

(2) If a regulation under section 128 applies, the declaration must be made in a form prescribed by the regulation.

1993-54-61.

Keeping order at election proceedings

19.   (1) A presiding election official must maintain peace and order so far as reasonably possible at the election proceedings for which the presiding election official is responsible.

(2) For the purposes of this section, the presiding election official may do one or more of the following:

(a) restrict or regulate the number of persons admitted at any time to the place where the proceedings are being conducted;

(b) order a person to leave the place where the proceedings are being conducted and the immediate vicinity of that place, if the circumstances referred to in subsection (3) (a) to (d) occur;

(c) order the removal of a person ordered to leave if that person does not comply;

(d) require the assistance of peace officers or of persons present at the place where the proceedings are being conducted.

(3) The presiding election official may require a person to provide identification and the person must comply with that requirement if, in the opinion of the presiding election official, that person

(a) is present at a place when not permitted to be present by this Act or by a regulation or by-law under this Act,

(b) is disturbing the peace and order of the proceedings,

(c) is interfering with the conduct of the proceedings, or

(d) is contravening any provision of this Part or of a regulation or by-law under this Part.

(4) A person ordered to leave under subsection (2) (b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the presiding election official.

(5) The authority under subsection (2) must not be used to prevent an elector otherwise entitled to vote at the place from exercising the right to vote.

1993-54-61; 1999-37-287.

Adjournment of election proceedings

20.   (1) Election proceedings may be adjourned by the presiding election official in accordance with this section if the presiding election official considers that the health or safety of persons is at risk, or that the integrity of the proceedings is at risk.

(2) Election proceedings may be adjourned

(a) temporarily to another time on the same day or another time on the same day at another place specified by the presiding election official, or

(b) to a day, time and place to be set by the chief election officer.

(3) The presiding election official must notify the chief election officer as soon as possible of any adjournment and must follow any directions the chief election officer considers appropriate in the circumstances.

(4) While proceedings are adjourned, the presiding election official must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.

(5) The presiding election official must give notice to persons affected by an adjournment as directed by the chief election officer or, in the absence of direction, in any manner the official considers appropriate.

(6) Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.

(7) If voting proceedings are adjourned, the counting of the vote must not be started until the close of voting at the adjourned proceedings.

1993-54-61.

Exceptional assistance in election proceedings

21.   (1) The provisions of this section are exceptions for allowing persons to exercise their rights under this Part in circumstances where they would otherwise be unable to do so.

(2) If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make his or her mark and witness that mark.

(3) If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that he or she is able to make the translation and will do so to the best of his or her abilities.

(4) The obligation to provide a translator rests with the person who is required to make the solemn declaration or provide the information and, if that person does not provide a translator, that person must be considered to have refused to make the solemn declaration or provide the information.

1993-54-61.

Division (4) — Electors

Who may vote at an election

22.   (1) In order to vote at an election, a person

(a) must meet the requirements of section 23 (1) (a) to (e) or 24 (1) (a) to (f) at the time of voting,

(b) must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and

(c) must be registered as an elector of the city.

(2) The following persons are disqualified from voting at an election:

(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;

(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;

(c) [Repealed 2014-19-120.]

(d) a person who has contravened section 123 (3) in relation to the election.

(3) For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.

(4) A person must not vote at an election unless entitled to do so.

1993-54-61; 1994-52-135; 1997-25-162; 2000-7-191; 2014-19-120.

Resident electors

23.   (1) In order to be registered as a resident elector of the city, a person must meet all the following requirements on the day of registration:

(a) the person must be

(i) an individual who is 18 years of age or older on the day of registration, or

(ii) if an election is in progress, an individual who will be 18 years of age or older on general voting day for the election;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before the day of registration;

(d) the person must be a resident of the city, as determined in accordance with section 25;

(e) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.

(2) [Repealed 2021-5-85.]

1993-54-61; 2014-19-121; 2021-5-85.

Non-resident property electors

24.   (1) In order to be registered as a non-resident property elector of the city, a person must meet all the following requirements on the day of registration:

(a) the person must not be entitled to register as a resident elector of the city;

(b) the person must be

(i) an individual who is 18 years of age or older on the day of registration, or

(ii) if an election is in progress, an individual who will be 18 years of age or older on general voting day for the election;

(c) the person must be a Canadian citizen;

(d) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before the day of registration;

(e) the person must have been a registered owner of real property in the city for at least 30 days immediately before the day of registration;

(e.1) [Repealed 2014-19-122.]

(f) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;

(g) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.

(2) A person may only register as a non-resident property elector in relation to one parcel of real property in the city.

(3) If the boundaries of the city are extended, a person is deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 days before the person applies for registration as a non-resident property elector, the person has been a registered owner of property within the area that is included in the city.

(4) For the purposes of this section, the registered owner of real property means whichever of the following is applicable:

(a) the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (b) to (d);

(b) the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (c) or (d);

(c) the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);

(d) the holder of a registered lease of the property for a term of at least 99 years.

(5) If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a non-resident property elector under this section in relation to the real property.

(6) If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals.

(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the City Clerk.

(8) Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the non-resident property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective

(a) for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and

(b) following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.

1993-54-61; 1994-52-136; 2000-7-255; 2014-19-122.

Rules for determining residence

25.   (1) The following rules apply to determine the area in which a person is a resident:

(a) a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;

(b) a person may be the resident of only one area at a time for the purposes of this Part;

(c) a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;

(d) a person does not cease being a resident of an area by leaving the area for temporary purposes only.

(2) As an exception to subsection (1), if a person establishes for the purposes of attending an educational institution a new area in which the person is a resident that is away from the usual area in which the person is a resident, the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.

1993-54-61.

When a person may register as an elector

26.   (1) A person may register as an elector

(a) at the time of voting in accordance with section 30 or 30.1, or

(b) by advance registration in accordance with section 29, if this is available.

(2) If a by-law under section 32 is in effect, a person entitled to register as a resident elector of the city may effectively register as such by registering as a voter under the Election Act in sufficient time to have the person's name appear on the Provincial list of voters that becomes, under the by-law, the register of resident electors for the city.

1993-54-61; 1999-37-288.

Voting day registration only

27.   The Council may, by by-law, limit registration of electors to registration at the time of voting.

1999-37-289.

Application for registration

28.   (1) An application for registration as an elector must include the following information:

(a) in the case of registration as a resident elector,

(i) the full name of the applicant,

(ii) the residential address of the applicant, and the mailing address if this is different, and

(iii) either the birth date or social insurance number of the applicant;

(b) in the case of registration as a non-resident property elector,

(i) the full name of the applicant,

(ii) the address or legal description of the real property in relation to which the person is registering and the mailing address of the applicant, and

(iii) either the birth date or the social insurance number of the applicant;

(c) a declaration that the applicant meets the requirements of section 22 (1) (a) and (b) to be registered as an elector;

(d) any other information required by regulation under section 128 to be included.

(2) An application must be signed by the applicant and by a witness to the signature of the applicant and must include the residential address of the witness if this is not a person authorized by the chief election officer or by the City Clerk.

(3) For the purpose of subsection (1), an address of an applicant that indicates the area in which the applicant is resident within the meaning of section 25 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the city.

(4) In the case of an application for registration as a non-resident property elector, the application must be accompanied by

(a) proof satisfactory to the person receiving the application that the applicant is entitled to register in relation to the real property referred to in subsection (1) (b), and

(b) if applicable, the written consent from the other registered owners of the real property required by section 24 (6).

1993-54-61; 1994-52-137.

How to register in advance

29.   (1) If advance registration is available except during the closed period under subsection (4), a person may register as an elector by delivering an application and accompanying documents in accordance with section 28

(a) to the office of the City Clerk at the City Hall during its regular office hours,

(b) at a special registration opportunity under subsection (6), or

(c) at other times and places authorized by the City Clerk.

(2) If no by-law under section 27 applies, advance registration must be available in accordance with this section.

(3) If advance registration is required, it must be available to both resident electors and non-resident property electors unless deemed registration of resident electors under section 32 is in effect.

(4) Advance registration closes 53 days before general voting day and does not reopen until the Monday after the close of general voting, subject to any extension of this closed period in relation to an election under section 114.

(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the City Clerk must give public notice of the close of advance registration in accordance with section 17.

(6) For the purpose of encouraging persons to register as electors,

(a) the Council may direct the City Clerk to arrange an enumeration of the city, and

(b) the City Clerk may arrange other special opportunities for persons to apply to register as electors.

(7) The City Clerk must ensure that application forms are available from the City Hall during its regular office hours at any time when advance registration as an elector is permitted.

1993-54-61; 1994-52-138.

How to register as a resident elector at the time of voting

30.   (1) A person may register as a resident elector immediately before voting by

(a) either

(i) delivering an application form in accordance with section 28 to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under that section in the manner established by the chief election officer, and

(b) satisfying that official of the applicant's identity and place of residence in accordance with subsection (2).

(2) For the purposes of subsection (1) (b), an individual may either

(a) produce to the election official at least 2 documents that provide evidence of the applicant's identity and place of residence, at least one of which must contain the applicant's signature, or

(b) produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature, and make a solemn declaration as to the applicant's place of residence within the meaning of section 25.

(3) Documents accepted under subsection (2) must either be documents prescribed as acceptable under section 128 or provide evidence satisfactory to the election official respecting the matter.

(4) The election official registering an elector under this section must note on the application the nature of the documents produced for the purposes of subsection (1) (b).

(5) The election official responsible for receiving application forms under subsection (1) is the presiding election official or another election official designated by the presiding election official.

1999-37-290.

How to register as a non-resident property elector at the time of voting

30.1   (1) A person may register as a non-resident property elector immediately before voting by

(a) either

(i) delivering an application form in accordance with section 28 to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under that section in the manner established by the chief election officer,

(b) satisfying that official of the applicant's identity in accordance with subsection (2), and

(c) providing to that official the materials described in section 28 (4).

(2) For the purposes of subsection (1) (b), an individual must produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature.

(3) Section 30 (3) to (5) applies for the purposes of this section.

1999-37-290; 2008-5-39.

Repealed

31.   [Repealed 2008-5-40.]

Automatic registration by inclusion on Provincial list of voters

32.   (1) Instead of maintaining an ongoing register of resident electors, the Council may, by by-law, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors of the city.

(2) A by-law under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before any election to which the by-law applies.

(3) If a by-law under subsection (1) applies,

(a) any previous register of resident electors for the city is cancelled, effective at the time the Provincial list of voters becomes the register,

(b) a person who, on the basis of the Provincial list of voters, appears to meet the qualifications to be registered as a resident elector of the city is deemed to be registered as such an elector, and

(c) the city may have, but is not required to have, advance registration under section 29 for resident electors.

1993-54-61.

Effect of registration

33.   (1) Unless a by-law under section 27 applies or all or the applicable part of the register of electors is cancelled, a person registered as an elector continues to be an elector as long as the person meets the requirements for registration.

(2) If a by-law under section 27 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.

1993-54-61.

Register of electors

34.   (1) Subject to section 32, a register of electors must be maintained if advance registration is available.

(2) The City Clerk is the official responsible for maintaining the register of electors.

(3) The register of electors must separately record resident electors and non-resident property electors and, for each elector, must record the name of the elector and the address or addresses of the elector required to be included on an application under section 28.

(4) For the purposes of maintaining the register of electors, the City Clerk

(a) must add to the register persons who have registered in accordance with section 29, 30 or 30.1,

(b) may add to the register persons who meet the requirements of section 23 (1) to be registered as resident electors, as evidenced by a current Provincial list of voters under the Election Act,

(c) may add to the register persons who meet the requirements of section 23 (1) to be registered as resident electors, as evidenced by registration under section 133,

(d) despite section 33 (2), for a new register established after a by-law under section 27 ceases to be in force, may add to the register

(i) persons whose names were included in the previous register, and

(ii) persons who registered for elections conducted while the by-law was in force,

(e) if all or part of a register is cancelled under subsection (7) or section 32, may add to the new register persons whose names were included in the cancelled register,

(f) on evidence satisfactory to the City Clerk, may delete from the register the names of persons who have died or who are no longer qualified as electors, and

(g) on evidence satisfactory to the City Clerk, may amend the register to show correctly the information to be included in the register.

(5) A person whose name is added to the register under subsection (4) (b), (c), (d) or (e) is deemed to have registered as an elector, as recorded in the register, and section 33 (1) applies to the registration.

(6) The City Clerk may authorize a person to assist in the duties under this section and may authorize the person to exercise the City Clerk's powers under this section.

(7) The Council or the minister may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register.

(8) For the purposes of subsection (3), the register of electors may contain only the residential address of each resident elector as required to be included on an application under section 28.

1993-54-61; 1994-52-141; 1999-37-292; B.C. Reg. 5/2010.

List of registered electors

35.   (1) If a register of electors is required under section 34, the City Clerk must prepare a list of registered electors to be used for the purposes of administering an election.

(2) The list of registered electors must give the names and addresses of all persons included on the register of electors at the time the list is prepared and must indicate whether a person is a resident elector or a non-resident property elector.

(3) From the 46th day before general voting day until the close of general voting, a copy of the list of registered electors as it stands at the beginning of that period must be available for public inspection at the City Hall during its regular office hours.

(4) Before inspecting the list of registered electors, a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the list or use the information included in the list except for the purposes of this Part.

(5) The City Clerk must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.

(6) At least 6 but not more than 30 days before the first day on which the list of registered electors is required to be available under subsection (3), notice must be given in accordance with section 17 that

(a) a copy of the list of registered electors will be available for public inspection at the City Hall during its regular office hours from the date specified in the notice until the close of general voting for the election,

(b) an elector may request that personal information respecting the elector be omitted from or obscured on the list in accordance with subsection (10), and

(c) an objection to the registration of a person as an elector may be made in accordance with section 36 before 4 p.m. on the 36th day before general voting day.

(7) The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under section 36 have been dealt with.

(8) Each person who has been nominated in accordance with section 45 is entitled, for use by the person for the purposes of the election, to one copy of the list of registered electors without charge and, on payment to the city of the reasonable costs of reproduction, to other copies as requested by the person.

(9) Before receiving a list of registered electors, a person referred to in subsection (8) must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.

(9.1) Despite section 27 (7) of the Interpretation Act, a person who is entitled to inspect a copy of the list of registered electors under subsection (3) is not entitled to obtain a copy of the list.

(10) If requested by an elector in order to protect the privacy or security of the elector, the chief election officer must amend a list of registered electors that is to be provided under subsection (8), or that is to be available for public inspection, by omitting or obscuring the address of the elector or other information about the elector.

(11) [Repealed 1999-37-293.]

1993-54-61; 1994-52-142; 1999-37-293; 2008-5-41.

Objection to registration of an elector

36.   (1) The registration of a person whose name appears on the list of registered electors under section 35 (3) may be objected to in accordance with this section.

(2) An objection must be received by the City Clerk, or a person designated for this purpose by the City Clerk, before 4 p.m. on the 36th day before general voting day.

(3) An objection may only be made by a person entitled to be registered as an elector.

(4) An objection may only be made on the basis

(a) that the person whose name appears has died, or

(b) that, at the time of the objection, the person is not qualified to be registered as an elector.

(5) An objection must be made in writing, signed by the person making it and include the following:

(a) the name and address, as shown in the list of registered electors, of the person against whose registration the objection is made;

(b) the basis of the objection, including a statement of the facts that the objector believes support this;

(c) the name and address of the person making the objection.

(6) On receiving an objection, the City Clerk must make a reasonable effort to notify the person against whom the objection is made of

(a) the objection,

(b) the name of the person who made the objection, and

(c) the basis on which the objection is made.

1993-54-61.

Resolving objections

37.   (1) An objection under section 36 on the basis of death must be resolved by the City Clerk in accordance with the following:

(a) the City Clerk must have a search made of the records under the Vital Statistics Act;

(b) if a record of death is found and the City Clerk is satisfied that it applies to the person whose registration is being objected to, the City Clerk must remove the person's name from the register of electors;

(c) if a record of death is not found and the City Clerk is unable to contact the person, the City Clerk must proceed in accordance with subsection (2) (c) and (d).

(2) An objection on the basis that a person is not entitled to be registered as an elector must be resolved by the City Clerk in accordance with the following:

(a) if, after receiving notice of the objection, the person provides proof satisfactory to the City Clerk of the person's entitlement to be registered or makes a solemn declaration as to that entitlement, the person's name is to stay on the register of electors;

(b) if, after receiving notice of the objection, the person does not provide proof of entitlement or make a solemn declaration as to entitlement, the City Clerk must remove the person's name from the register of electors;

(c) if the City Clerk is unable to contact the person, the City Clerk must require the person who made the objection to provide proof satisfactory to the City Clerk of the basis of the objection and, if this is done, must remove the name from the register of electors;

(d) if the person who made the objection does not provide satisfactory proof as required by paragraph (c), the name is to stay on the register of electors.

1993-54-61.

Division (5) — Qualifications for Office

Who may hold office on Council or Park Board

38.   (1) A person is qualified to be nominated for office, and to be elected to and hold office, on Council or on the Park Board if at the relevant time the person meets all the following requirements:

(a) the person must be an individual who is, or who will be on general voting day for the election, 18 years of age or older;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before the relevant time;

(d) the person must not be disqualified under this Act or any other enactment from being nominated for, being elected to or holding the office, or be otherwise disqualified by law.

(2) Without limiting subsection (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office on Council or on the Park Board:

(a) a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court;

(b) a person who is disqualified under section 39 as an employee of the city, except as authorized under that section;

(c) a person who is disqualified under any of the following provisions of this Act:

(i) section 140 (4) [failure to make oath or affirmation of office];

(ii) section 143 (4) [unexcused absence from council meetings];

(iii) sections 145.3 to 145.911 [conflict of interest];

(d) a person who is disqualified from holding office on a local government under any of the provisions of the Local Government Act or Community Charter referred to in section 81 (2) (c) to (e) [disqualifications from holding office] of the Local Government Act;

(d.1) [Repealed 2014-19-123.]

(e) a person who is disqualified from holding office under

(i) Division (17) [Election Offences] of this Part as it applies to elections or voting under this Act or any other Act, or

(ii) Division 18 of Part 3 of the Local Government Act, as it applies in relation to elections or voting under that Act or any other Act;

(f) a person who is disqualified under the Local Elections Campaign Financing Act from holding office on a local authority;

(g) a person who is disqualified under any other enactment.

1993-54-61; 1997-25-163; 1999-37-294; 2000-7-191; 2003-52-500; 2014-19-123; RS2015-1-RevSch.

Disqualification of Council and regional district employees

39.   (1) For the purposes of this section, "employee" means

(a) an employee or salaried officer of the city or a regional district in which all or part of the city is located, or

(b) a person who is within a class of persons deemed by regulation under section 128 to be employees of the city or a specified regional district in which all or part of the city is located,

but does not include a person who is within a class of persons excepted by regulation under section 128.

(2) Unless the requirements of this section are met, an employee of the city is disqualified from being nominated for, being elected to or holding office

(a) as a member of Council, or

(b) as a member of the board of a regional district in which all or part of the city is located.

(3) Unless the requirements of this section are met, an employee of a regional district in which all or part of the city is located is disqualified from being nominated for, being elected to or holding office as a member of the Council.

(4) Before being nominated for an office to which subsection (2) or (3) applies, the employee must give notice in writing to his or her employer of the employee's intention to consent to nomination.

(5) Once notice is given under subsection (4), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,

(a) begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and

(b) ends, as applicable,

(i) if the person is not nominated before the end of the nomination period, on the day after the end of that period,

(ii) if the person withdraws as a candidate in the election, on the day after the withdrawal,

(iii) if the person is declared elected, on the day the person resigns in accordance with subsection (8) or on the last day for taking office before the person is disqualified for a failure to take the oath of office within the time specified by an enactment that applies to the person,

(iv) if the person is not declared elected and no application for judicial recount is made, on the last day on which an application for a judicial recount may be made, or

(v) if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.

(6) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (5).

(7) Sections 54 and 56 of the Employment Standards Act apply to a leave of absence under this section.

(8) Before making the oath of office under section 140, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer.

(9) At the option of the employee, a resignation under subsection (8) may be conditional on the person's election not being declared invalid on an application under section 115.

1993-54-61; 1995-38-139; 2003-52-501.

Only one elected office at a time on Council

40.   (1) At any one time a person may not hold more than one elected office on Council.

(2) At any one time a person may not be nominated for more than one elected office on Council.

(3) A current member of Council may not be nominated for an election under section 10 for another office on Council unless the person resigns from office in accordance with section 142 within 14 days after the day on which, as applicable, the Council directs the City Clerk to conduct the election or another person is appointed as chief election officer.

1993-54-61.

Division (6) — Nomination of Candidates

Nomination period

41.   (1) The period for receiving nominations begins at 9 a.m. on the 46th day before general voting day and ends at 4 p.m. on the 36th day before general voting day.

(2) If the first day of the nomination period would otherwise fall on a holiday, the nomination period begins on the next day that is not a holiday.

(3) If the last day of the nomination period would otherwise fall on a holiday, the nomination period ends on the last day before that day that is not a holiday.

1993-54-61.

Notice of nomination

42.   (1) At least 6 but not more than 30 days before the nomination period begins, the chief election officer must issue a notice of nomination under this section in accordance with section 17.

(2) The notice must include the following information:

(a) the offices for which candidates are to be elected;

(b) the dates, times and places at which nominations will be received;

(c) how interested persons can obtain information on the requirements and procedures for making a nomination;

(c.1) the expense limits,

(i) made publicly available under section 63.03 of the Local Elections Campaign Financing Act, that apply to the election area, or

(ii) if the election is a by-election, that apply to the election area under section 63.04 of the Local Elections Campaign Financing Act;

(c.2) the third party advertising limits,

(i) made publicly available under section 41.3 (2) of the Local Elections Campaign Financing Act, that apply to the election area, or

(ii) if the election is a by-election, that apply to the election area under section 41.4 of the Local Elections Campaign Financing Act;

(d) any other information required to be included by regulation under section 128.

(3) The notice may include any other information the chief election officer considers appropriate.

(4) The chief election officer may provide for additional notice of the call for nominations to be given to the public.

1993-54-61; 2016-9-49.

Nomination of candidates

43.   (1) A nomination for office as a member of Council must be made in accordance with section 44, separately for each candidate,

(a) by at least 2 qualified nominators, or

(b) if a by-law under subsection (2) applies, by at least 25 qualified nominators.

(2) The Council may, by by-law, set the minimum number of qualified nominators at 25.

(3) In order to be qualified as a nominator, a person

(a) must be an elector of the city, and

(b) in the case of a nomination for an office to be filled on a neighbourhood constituency basis, must also be qualified as a resident elector or a non-resident property elector in relation to the area of the neighbourhood constituency.

(4) A person may subscribe as a nominator to as many nomination documents as, but not more than, the number of persons who are to be elected to fill the office for which the election is being held.

(5) Even if one or more of the nominators is not qualified in accordance with this section, a nomination is valid as long as the nomination is made by at least the minimum number of qualified nominators.

2008-5-42.

Nomination documents

44.   (1) A nomination for office as a member of Council must be in written form and must include the following:

(a) the full name of the person nominated;

(b) the usual name of the person nominated, if the full name of the person is different from the name the person usually uses and the person wishes to have his or her usual name on the ballot instead;

(c) the office for which the person is nominated;

(d) the residential address of the person nominated, and the mailing address if this is different;

(e) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector;

(f) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 38 [who may hold office on Council or Park Board] to be nominated.

(2) To be accepted for filing, a nomination must be accompanied by the following:

(a) a statement signed by the person nominated consenting to the nomination;

(b) a solemn declaration in accordance with subsection (3) of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered;

(c) as applicable, a signed declaration of the person nominated

(i) that the person is acting as his or her own financial agent, or

(ii) identifying the person who is appointed under the Local Elections Campaign Financing Act to act as financial agent for the person nominated;

(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.

(3) For the purposes of subsection (2) (b), the person nominated must make a solemn declaration

(a) that he or she is qualified under section 38 [who may hold office on Council or Park Board] to be nominated for the office,

(b) that, to the best of the person's knowledge and belief, the information provided in the nomination documents is true,

(c) that the person fully intends to accept the office if elected, and

(d) that the person

(i) is aware of the Local Elections Campaign Financing Act,

(ii) understands the requirements and restrictions that apply to the person under that Act, and

(iii) intends to fully comply with those requirements and restrictions.

(4) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.

2014-19-125.

Nomination deposits

44.1   (1) The Council may, by by-law, require that a nomination for mayor or councillor, or both, be accompanied by a nomination deposit.

(2) The amount of a required nomination deposit may be different for the office of mayor and the office of councillor, but must not be greater than $100.

(3) A nomination deposit must be held by the chief election officer to be dealt with as follows:

(a) if the person nominated is not declared to be a candidate under section 46 [declaration of candidates], the deposit is to be returned to the person or to the financial agent for the person;

(b) in the case of a person declared to be a candidate, if the candidate disclosure statement required under the Local Elections Campaign Financing Act for the person is filed in accordance with section 47 (1) [time limit for filing on time] of that Act, the deposit is to be returned to the person or the financial agent for the person;

(c) in the case of a person declared to be a candidate, the deposit is to be returned to the person or the financial agent for the person if the required candidate disclosure statement is not filed as referred to in paragraph (b), but

(i) an application for relief in relation to the disclosure statement is made under Division 2 [Court Orders for Relief in Relation to Disclosure Requirements] of Part 6 of the Local Elections Campaign Financing Act,

(ii) the court provides relief in relation to forfeiture of the deposit, and

(iii) if applicable, there is compliance with the court order;

(d) in other cases, the deposit is forfeited and is to be paid to the city.

1999-37-296; 2014-19-126.

Nomination by delivery of nomination documents

45.   (1) In order to make a nomination,

(a) the nomination documents required by section 44, and

(b) if applicable, the nomination deposit required under section 44.1,

must be received before the end of the nomination period by the chief election officer or a person designated by the chief election officer for this purpose.

(2) The obligation to ensure that the nomination documents and nomination deposit are received in accordance with this section rests with the person being nominated.

(3) For the purposes of subsection (1), the nomination documents and nomination deposit

(a) must be received at the office of the City Clerk during its regular office hours, and

(b) may be received at other times and places as specified by the chief election officer.

(4) Nomination documents may be delivered

(a) by hand, by mail or by other delivery service, or

(b) by fax or email, with originals to follow.

(5) If the originals of nomination documents delivered by fax or email are not received by the chief election officer before the end of the 29th day before general voting day, the person nominated is deemed to have withdrawn from being a candidate in the election.

(5.1) After receiving nomination documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 45.2 (5) [challenge required if candidate appears to be disqualified] of this Act.

(6) Nomination documents delivered to the chief election officer

(a) must be available for public inspection at the City Hall during its regular office hours from the time of delivery until 30 days after the declaration of the election results under section 108, and

(b) if a by-law under subsection (7) applies, must be made available to the public in accordance with the by-law.

(7) The Council may, by by-law, provide for public access to nomination documents, during all or part of the period referred to in subsection (6) (a), in any manner the Council considers appropriate, including by the Internet or other electronic means.

(8) A person who inspects or otherwise accesses nomination documents under this section must not use the information included in them except for the purposes of this Act or purposes authorized by section 63 [restrictions on use of personal information] of the Local Elections Campaign Financing Act.

1993-54-61; 1999-37-297; 2000-7-191; 2008-5-44; 2014-19-127.

Other information to be provided by candidate

45.1   (1) A person who is nominated for office on Council must, before the end of the nomination period, provide the following to the chief election officer:

(a) a telephone number at which the person may be contacted;

(b) an email address at which the person may be contacted, unless the person does not have such an address;

(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the person;

(d) as applicable,

(i) a statement that the person is acting as their own financial agent, or

(ii) the information and material required under section 17 (5) [candidate financial agent appointment documents] of the Local Elections Campaign Financing Act;

(e) any other information or material required by regulation under section 128 [election regulations].

(2) If the information and material required under subsection (1) are not received by the chief election officer before the end of the nomination period, the person nominated is deemed to have withdrawn from being a candidate in the election.

(3) If there is any change in the information or related material required to be provided under subsection (1), the person nominated must provide updated information and material as follows:

(a) to the chief election officer if the change occurs before the declaration of the results of the election;

(b) to the BC chief electoral officer if the change occurs after the declaration of those results.

2014-19-128.

Challenge of nomination

45.2   (1) A nomination may only be challenged by an application to the Provincial Court in accordance with this section.

(2) The time period during which a challenge may be made is between the time of the delivery of the nomination documents in accordance with section 45 and 4 p.m. on the 4th day after the end of the nomination period.

(3) A challenge may be made only by

(a) a person who is an elector,

(b) another nominee in the same election, or

(c) the chief election officer.

(4) A challenge may only be made on one or more of the following bases:

(a) that the person is not qualified to be nominated or elected;

(b) that the nomination was not made in accordance with sections 43 to 45;

(c) that the usual name given under section 44 (1) (b) in the nomination documents is not in fact the usual name of the person.

(5) The chief election officer must commence a challenge under this section if, on a review under section 45 (5.1) [review of disqualification list], it appears to the chief election officer that a person is disqualified from being nominated.

(6) The document filed with the court to commence a challenge must briefly set out the facts on which the challenge is based and must be supported by affidavit as to those facts.

(7) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the court to give its decision on the matter within the time limit set by subsection (9).

(8) The person making a challenge must

(a) immediately give notice of the challenge to the chief election officer and the person whose nomination is challenged, and

(b) within 24 hours of filing the document commencing the application, serve on these persons that document, the accompanying affidavit and a notice of the time set for the hearing.

(9) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,

(a) confirming the person as a candidate or declaring that the person is no longer a candidate, or

(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot.

(10) The court may order that the costs of a challenge, within the meaning of the Supreme Court Civil Rules, be paid in accordance with the order of the court.

(11) The decision of the court on a challenge under this section is final and may not be appealed.

2014-19-128.

Division (6.1) — Candidate Endorsement by Elector Organization

Candidate endorsement by elector organization may be included on ballot

45.3   (1) Subject to this section, an incorporated or unincorporated organization may endorse a candidate in an election, and have that endorsement included on the ballot for the election, if

(a) the organization makes the endorsement in accordance with section 45.4 [endorsement documents],

(b) the candidate consents to the endorsement, and

(c) the organization complies with section 45.5 (1) [other information to be provided by elector organization].

(2) To be qualified to endorse a candidate, an organization

(a) must have a membership that, at the time that the solemn declaration under section 45.4 (1) (c) is made, includes at least 50 electors, and

(b) must not be disqualified under this Act, the Local Elections Campaign Financing Act or any other Act from endorsing a candidate.

(3) An organization must not endorse more candidates in an election for a particular office than there are positions to be filled for that office.

(4) A candidate must not consent to endorsement by more than one organization in relation to the same election for the same office.

2014-19-129.

Endorsement documents

45.4   (1) An organization must file the following with the chief election officer before the end of the nomination period in order to endorse a candidate:

(a) a statement of the following:

(i) the full name of the candidate endorsed by the organization and, if applicable, the usual name that is to be used on the ballot;

(ii) the legal name of the organization, if applicable;

(iii) the usual name of the organization, if this is different from its legal name or if it has no legal name;

(iv) any abbreviations, acronyms or other names used by the organization;

(v) subject to the restrictions in subsection (3), which name, abbreviation or acronym the organization wishes to have included on the ballot;

(vi) the mailing address for the organization;

(b) written consent of the candidate to the endorsement;

(c) a solemn declaration of the authorized principal official of the organization in accordance with subsection (2) and any applicable regulations;

(d) any other information or matter required by regulation under section 128 [election regulations].

(2) For the purposes of subsection (1) (c), the authorized principal official of the organization must make a solemn declaration that, to the best of the knowledge and belief of the official, the organization

(a) has a membership of at least 50 electors,

(b) is not disqualified from endorsing a candidate,

(c) is aware of the Local Elections Campaign Financing Act,

(d) understands the requirements and restrictions that apply to the organization under the Local Elections Campaign Financing Act,

(e) intends to fully comply with the requirements and restrictions referred to in paragraph (d), and

(f) has authorized the official to make the solemn declaration.

(3) The name, abbreviation or acronym referred to in subsection (1) (a) (v) must not

(a) include any matter that is prohibited by section 77 [what must and must not be included on a ballot] from being included on the ballot, or

(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another organization whose endorsement of a candidate appeared on a ballot at the preceding general local election, or at an election after that general local election, as to be confusing to the electors.

(4) If an organization is filing endorsement documents

(a) for more than one candidate in the same election, or

(b) in multiple elections for the city being held at the same time,

a solemn declaration under subsection (1) (c) may be made in relation to any or all of those candidates.

(5) After receiving endorsement documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 45.7 (5) [challenge required if organization appears to be disqualified] of this Act.

(6) Section 45 (6) to (8) [public access to nomination documents] applies in relation to endorsement documents.

2014-19-129.

Other information to be provided by elector organization

45.5   (1) For endorsement documents to be accepted for filing, the organization must provide the following to the chief election officer before the end of the nomination period:

(a) a telephone number at which the organization can be contacted;

(b) an email address at which the organization can be contacted, unless the organization does not have such an address;

(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the organization;

(d) the information required under section 19 (4) [elector organization information respecting financial agent] of the Local Elections Campaign Financing Act;

(e) the information and material required under section 21 [responsible principal officials and authorized principal official of elector organization] of the Local Elections Campaign Financing Act;

(f) any other information or material required to be included by regulation under section 128 [election regulations] of this Act.

(2) If there is any change in the information or material required to be provided under subsection (1), an elector organization must provide updated information or material as follows:

(a) to the chief election officer if the change happens before the end of general voting day for the applicable election;

(b) to the BC chief election officer if the change happens after that general voting day.

2014-19-129.

Withdrawal of endorsement on ballot

45.6   An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the 29th day before general voting day,

(a) the candidate withdraws his or her consent to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time, or

(b) the elector organization withdraws its endorsement of the candidate by delivering to the chief election officer by that time a written withdrawal signed by the authorized principal official of the elector organization.

2014-19-129.

Challenge of elector organization endorsement

45.7   (1) The endorsement of a candidate under this Division may only be challenged by an application to the Provincial Court in accordance with this section.

(2) The time period during which a challenge may be made is between the time of the filing of the endorsement documents in accordance with section 45.4 and 4 p.m. on the 4th day after the end of the nomination period.

(3) A challenge may be made only by

(a) a person who is an elector,

(b) a person nominated as a candidate in the same election as the election in relation to which the endorsement documents were filed or in another election for the city being held at the same time, or

(c) the chief election officer.

(4) A challenge may only be made on one or more of the following bases:

(a) that the organization is not qualified to be an elector organization under section 45.3 [candidate endorsement by elector organization];

(b) that the endorsement was not made in accordance with section 45.4 [endorsement documents];

(c) that section 45.3 (3) or (4) [limits on candidates to be endorsed and limits on consenting to endorsement] was contravened.

(5) The chief election officer must commence a challenge under this section if, on a review under section 45.4 (5) [review of disqualification list], it appears to the chief election officer that the organization named in the endorsement documents is not qualified to endorse a candidate.

(6) Section 45.2 (6), (7), (10) and (11) [challenge of nomination] applies in relation to a challenge under this section.

(7) The person making a challenge must

(a) immediately give notice of the challenge to the chief election officer, the organization whose endorsement is being challenged and the candidates endorsed by that organization, and

(b) within 24 hours of filing the document commencing the challenge, serve on these persons that document, the accompanying affidavit and a notice of the time set for the hearing.

(8) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,

(a) declaring that the organization has not endorsed a candidate, or

(b) declaring that the organization named in the endorsement documents is or is not qualified to endorse a candidate.

2014-19-129.

Division (6.2) — Declaration of Candidates

Declaration of candidates

46.   (1) Immediately following the end of the nomination period, the chief election officer must declare as candidates for an elected office all persons who have been nominated for the office.

(2) If there are fewer persons declared as candidates than there are to be elected, additional nominations must be received by the chief election officer from the time of the declaration under subsection (1) up until 4 p.m. on the 3rd day after the end of the nomination period.

(3) If reasonably possible, the chief election officer must give notice to the public of an extended time for receiving nominations under subsection (2).

(4) At the end of the time for receiving additional nominations under subsection (2), the chief election officer must declare as candidates for an elected office all additional persons who have been nominated for the office.

1993-54-61.

Repealed

47.   [Repealed 2014-19-131.]

Declaration of election by voting or acclamation

48.   (1) At 4 p.m. on the Monday following the last day for determining a challenge under section 45.2 [challenge of nomination], the chief election officer must declare the election in accordance with this section.

(2) If there are more candidates for an office than there are to be elected for the office, the chief election officer must declare that an election by voting is to be held.

(3) If no more candidates for an office are nominated than there are to be elected for that office, the chief election officer must declare the candidate or candidates elected by acclamation.

1993-54-61; 2014-19-132.

Notice of election by voting

49.   (1) At least 6 but not more than 30 days before general voting day for an election by voting under section 48 (2), the chief election officer must issue a notice of election in accordance with section 17.

(2) The notice must include the following information:

(a) the offices for which persons are to be elected;

(b) the usual names and residential addresses of the candidates for each office;

(c) the date of general voting day, the voting places for required general voting opportunities and the voting hours for those places;

(d) the documents that will be required in order for a person to register as an elector at the time of voting;

(e) [Repealed 2008-5-45.]

(f) if applicable, information required to be included under section 138 (6) regarding neighbourhood constituencies or section 75 (4) regarding voting divisions.

(g) [Repealed 1999-37-299.]

(3) The notice may also include any other information the chief election officer considers appropriate.

(4) The chief election officer may provide for additional notice of the election to be given to the public.

(5) For the purposes of including the residential address of a candidate in a notice under this section, an address that indicates the municipality or regional district electoral area in which the candidate is resident is sufficient.

(6) If requested by a candidate in sufficient time to reasonably have this done, the residential address of the candidate included in a notice under this section must be limited to the municipality or regional district electoral area in which the candidate is resident.

1993-54-61; 1994-52-145; 1999-37-299; 2008-5-45; 2014-19-133.

Appointment if an insufficient number of candidates are elected

50.   (1) If there are fewer candidates declared elected by acclamation under section 48 than there are to be elected, the Council must appoint a person to each vacant office,

(a) in the case of a general local election, within 30 days after the first meeting of the Council at which the persons elected in the election are holding office, and

(b) in other cases, within 30 days after the first meeting of the Council after the declaration of the election results.

(2) If the Council fails to make an appointment required by subsection (1), or if there is no quorum of Council able to make the appointment, the minister must appoint a person to each vacant office.

(3) A person appointed under this section

(a) must be qualified under section 38 to hold the office, and

(b) as applicable, must reside in the city or neighbourhood constituency at the time of appointment.

(4) A person appointed as a member of the Council under this section or any other provision of this Act has the same rights, duties and powers as a person elected as a member.

(5) An enactment that applies to an elected member of Council applies to a person appointed under this section in the same manner as if the person had been elected at the election in relation to which the appointment is made.

1993-54-61; B.C. Reg. 5/2010.

Division (7) — Candidates and Representatives

Repealed

51.   [Repealed 2014-19-134.]

Withdrawal, death or incapacity of candidate

52.   (1) At any time up until 4 p.m. on the 29th day before general voting day, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity.

(2) After the time referred to in subsection (1), a candidate may only withdraw by delivering a signed request to withdraw to the chief election officer and receiving the approval of the minister.

(3) For the purposes of subsection (2), the chief election officer must notify the minister of a request to withdraw as soon as practicable after receiving it.

(4) The chief election officer must notify the minister if, between the declaration of an election by voting under section 48 (2) and general voting day for the election,

(a) a candidate dies, or

(b) in the opinion of the chief election officer, a candidate is incapacitated to an extent that will prevent the candidate from holding office.

(5) On approving a withdrawal under subsection (2) or being notified under subsection (4), the minister may order

(a) that the election is to proceed, subject to any conditions specified by the minister, or

(b) that the original election is to be cancelled and that a new election is to be held in accordance with the directions of the minister.

1993-54-61; B.C. Reg. 5/2010; 2014-19-135.

Appointment of candidate representatives

53.   (1) A candidate may appoint

(a) one individual to act as official agent of the candidate, to represent the candidate from the time of appointment until the final determination of the election or the validity of the election, as applicable, and

(b) scrutineers, to represent the candidate by observing the conduct of voting and counting proceedings for the election.

(2) An appointment as a candidate representative must

(a) be made in writing and signed by the person making the appointment,

(b) include the name and address of the person appointed, and

(c) be delivered to the chief election officer or a person designated by the chief election officer for this purpose as soon as practicable after the appointment is made.

(3) An appointment as a candidate representative may only be rescinded in the same manner as the appointment was made.

(4) An appointment of an official agent may include a delegation of the authority to appoint scrutineers.

(5) If notice is to be served or otherwise given under this Part to a candidate, it is sufficient if the notice is given to the official agent of the candidate.

1993-54-61; 2014-19-136.

Presence of candidate representatives at election proceedings

54.   (1) A candidate representative present at a place where election proceedings are being conducted must

(a) carry a copy of the person's appointment under section 53,

(b) before beginning duties at the place, show the copy of the appointment to the presiding election official or an election official specified by the presiding election official, and

(c) show the copy of the appointment to an election official when requested to do so by the official.

(2) The presiding election official may designate one or more locations at a place where election proceedings are being conducted as locations from which candidate representatives may observe the proceedings and, if this is done, the candidate representatives must remain in those locations.

(3) The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in relation to an election.

1993-54-61.

Division (8)

Repealed

55-65.   [Repealed 2014-19-137.]

Division (9) — Voting Opportunities

Voting opportunities for electors

66.   An elector who meets the applicable qualifications may vote in an election at one of the following voting opportunities:

(a) on general voting day at a required general voting opportunity or at an additional general voting opportunity, if any;

(b) at a required advance voting opportunity or at an additional advance voting opportunity, if any;

(c) at a special voting opportunity, if any;

(d) by mail ballot, if this is available.

1993-54-61.

Required general voting opportunities

67.   (1) As soon as practicable after the declaration of an election by voting, the chief election officer must designate voting places for general voting day.

(2) The chief election officer must specify which of the voting places under subsection (1) is to be used on general voting day for each voting division and, if applicable, for each neighbourhood constituency.

(3) The voting places under subsection (1) must be open on general voting day from 8 a.m. to 8 p.m. to all electors entitled to vote in the voting division for which they are designated, subject to the restrictions regarding where a person may vote if neighbourhood constituencies are established.

1993-54-61; 2014-19-138.

Additional general voting opportunities

68.   (1) The Council may, by by-law,

(a) establish or authorize the chief election officer to establish additional voting opportunities for general voting day, and

(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.

(2) As a limit on subsection (1), the voting hours established for an additional general voting opportunity must not extend later than 8 p.m. on general voting day.

(3) The chief election officer must give notice of an additional general voting opportunity in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.

1993-54-61.

Required advance voting opportunities

69.   (1) [Repealed 2008-5-63.]

(2) At least 2 advance voting opportunities must be held for an election by voting,

(a) one on the 10th day before general voting day, and

(b) the other on another date which the Council must establish by by-law.

(3) Voting hours for the required advance voting opportunities must be from 8 a.m. to 8 p.m.

(4) As soon as practicable after the declaration of an election by voting, the chief election officer must designate voting places for the required advance voting opportunities.

(5) At least 6 but not more than 30 days before a required advance voting opportunity, the chief election officer must give notice in accordance with section 17 [public notices] of

(a) the date, location of the voting places and voting hours for the voting opportunity, and

(b) the documents that will be required in order for a person to register as an elector at the time of voting.

(c) [Repealed 2008-5-63.]

1993-54-61; 1999-37-307; 2008-5-63; 2014-19-139.

Additional advance voting opportunities

70.   (1) The Council may, by by-law,

(a) establish or authorize the chief election officer to establish dates for additional voting opportunities in advance of general voting day, and

(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.

(2) [Repealed 2008-5-64.]

(3) The chief election officer must give notice of an additional advance voting opportunity in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.

1993-54-61; 2008-5-64.

Special voting opportunities

71.   (1) In order to give electors who may otherwise be unable to vote an opportunity to do so, the Council may, by by-law, establish one or more special voting opportunities under this section.

(2) A by-law under subsection (1) may do one or more of the following for each special voting opportunity:

(a) for the purpose referred to in subsection (1), establish restrictions on persons who may vote at the special voting opportunity;

(b) establish procedures for voting and for conducting the voting proceedings that differ from those established under other provisions of this Part;

(c) limit, or authorize the chief election officer to limit, the number of candidate representatives who may be present at the special voting opportunity;

(d) establish, or authorize the chief election officer to establish, the date and voting hours when and the place where the special voting opportunity is to be conducted.

(3) At least one candidate representative is entitled to be present at a special voting opportunity for the election, with that candidate representative chosen by agreement of the candidate for that election or, failing such agreement, by the chief election officer.

(4) The voting hours established under subsection (2) (d) for a special voting opportunity must not extend later than 8 p.m. on general voting day.

(5) A special voting opportunity may be conducted at a location outside the boundaries of the city.

(6) The chief election officer must give notice of a special voting opportunity in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote at it.

(7) The notice of a special voting opportunity must include the following:

(a) the date, the location and the voting hours for the special voting opportunity;

(b) any restrictions on who may vote at the special voting opportunity;

(c) any special procedures involved.

1993-54-61.

Mail ballot voting

72.   (1) Subject to this section and any regulations under section 128, the Council may, by by-law, permit voting to be done by mail ballot and, in relation to this, may permit elector registration to be done in conjunction with this voting.

(2) The only electors who may vote by mail ballot are

(a) persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity, and

(b) persons who expect to be absent from the city on general voting day and at the times of all advance voting opportunities.

(3) A by-law under subsection (1) may

(a) establish procedures for voting and registration that differ from those established under other provisions of this Part, and

(b) establish, or authorize the chief election officer to establish, time limits in relation to voting by mail ballot.

(4) The chief election officer must give notice of an opportunity to vote by mail ballot in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote by this means.

(5) The procedures for voting by mail ballot must require the chief election officer to keep sufficient records so that challenges of an elector's right to vote may be made in accordance with the intent of section 88.

(6) Mail ballot packages must contain the following:

(a) the ballot or ballots to which an elector is entitled;

(b) a secrecy envelope that has no identifying marks, in which the ballots are to be returned;

(c) a certification envelope on which is printed the information referred to in subsection (7) for completion by the person voting, in which the secrecy envelope is to be placed;

(d) an outer envelope on which is printed the address of the chief election officer at the City Hall and in which the envelopes under paragraphs (b) and (c) and, if applicable, the registration application under paragraph (e) are to be returned;

(e) if permitted by the by-law under subsection (1), an application for registration as an elector, to be completed if necessary and returned in the outer envelope;

(f) instructions as to how to vote by mail ballot.

(7) The certification envelope must be printed

(a) with spaces in which the person voting is to record his or her full name and residential address, and

(b) with a statement to be signed by the person voting declaring that the person

(i) is entitled to be registered as an elector for the election,

(ii) is entitled to vote by mail ballot, and

(iii) has not previously voted in the election and will not afterwards vote again in the election.

(8) In order to be counted for an election, a mail ballot must be received by the chief election officer before the close of voting on general voting day and it is the obligation of the person applying to vote by mail ballot to ensure that the mail ballot is received by the chief election officer within this time limit.

1993-54-61; 2008-5-65.

Division (10) — Arrangements for Voting

Voting places

73.   (1) So far as reasonably possible, voting places must be easily accessible to persons who have a physical disability or whose mobility is impaired.

(2) A voting place for a required general voting opportunity must not be outside the boundaries of the city unless one of the following circumstances applies:

(a) at least one voting place for that voting opportunity is within the boundaries;

(b) there are no facilities as described in subsection (1) available within the boundaries or there are facilities outside the boundaries that are more accessible as described in that subsection;

(c) the chief election officer considers that the location will be more convenient for a majority of electors.

(3) A voting place for an additional general voting opportunity or for an advance voting opportunity may be outside the boundaries of the city.

1993-54-61.

Use of voting machines

74.   (1) The Council may, by by-law, provide for the use of automated voting machines, voting recorders or other devices for voting in an election, subject to any requirements, limits and conditions established by regulation under section 128.

(2) A by-law under subsection (1) must include the following:

(a) procedures for how to vote, to be used in place of those established by section 91;

(b) the form of ballot, if this is to be different from the form of ballot otherwise required by this Act;

(c) procedures, rules and requirements regarding the counting of votes, if these are to be different from those established by Division (13).

(3) If a by-law under subsection (1) includes only provisions referred to in subsection (2), to the extent there is an inconsistency between the procedures, rules and requirements established by the by-law and the procedures, rules and requirements established under this Part, the by-law prevails.

(4) If a by-law under subsection (1) includes provisions other than those referred to in subsection (2) and is approved by the minister, to the extent that there is an inconsistency between the procedures, rules and requirements established by the by-law and the procedures, rules and requirements established under this Part, the by-law prevails.

1993-54-61; 1999-37-308; 2007-14-201.

Voting divisions

75.   (1) The Council may, by by-law,

(a) establish voting divisions, or

(b) authorize the City Clerk or chief election officer to establish voting divisions.

(2) The authority under subsection (1) is subject to any requirements, limits and conditions established by regulation under section 128.

(3) Subject to subsection (4), if voting divisions are established,

(a) electors who reside in a voting division, and

(b) electors who are non-resident property electors in relation to property within the voting division

may vote on general voting day only at the voting place specified for that voting division.

(4) The restriction under subsection (3) does not apply to voting at an additional general voting opportunity or a special voting opportunity.

(5) If voting divisions are established, the notice of election under section 49 must include the following additional information:

(a) that voting divisions will be used in the election;

(b) that electors who

(i) reside in a voting division, or

(ii) are non-resident property electors in relation to property within a voting division,

will be entitled to vote on general voting day only at the voting place specified for the voting division unless they are voting at an additional general voting opportunity or a special voting opportunity, if any is offered;

(c) either

(i) the boundaries of each voting division and the voting place for each division, or

(ii) how electors can obtain information as to where they are entitled to vote on general voting day.

(6) The chief election officer may provide notice to electors in a voting division of the voting place where they are entitled to vote in addition to the notice under section 49.

1999-37-309.

Form of ballots

76.   (1) The chief election officer must establish the form of ballots to be used in an election.

(2) Without limiting subsection (1), the chief election officer may do either or both of the following:

(a) determine that composite ballots are to be used, on which an elector's votes on 2 or more elections may be indicated;

(b) determine that ballots are to be in the form of a ballot set, in which ballots for more than one election are packaged together.

1993-54-61.

What must and must not be included on a ballot

77.   (1) A ballot for an election must include the following:

(a) instructions as to the number of candidates to be elected to the office;

(b) instructions as to the appropriate mark to make a valid vote for a candidate;

(c) the full name of each candidate or, if a candidate specified a different usual name in the nomination documents, this usual name;

(d) if applicable, the name, abbreviation or acronym of the endorsing elector organization for a candidate, as shown on the endorsement documents for the candidate.

(2) As an exception to subsection (1) (d), if the name, abbreviation or acronym referred to in that paragraph is too long to be reasonably accommodated on the ballot, the chief election officer may, after consulting with the authorized principal official of the elector organization, use a shorter name, abbreviation or acronym that, in the opinion of the chief election officer, identifies the elector organization.

(3) A ballot for an election must not include any of the following:

(a) an indication that a candidate is holding or has held an elected office;

(b) a candidate's occupation;

(c) an indication of a title, honour, degree or decoration received or held by a candidate.

1993-54-61; 2014-19-140.

Order of names on ballot

78.   (1) Unless a by-law under section 79 is adopted,

(a) the names of the candidates must be arranged alphabetically by their surnames, and

(b) if 2 or more candidates have the same surname, the names of those candidates must be arranged alphabetically in order of their first given names.

(2) If 2 or more candidates

(a) have the same surnames and given names, or

(b) have names so similar that, in the opinion of the chief election officer, they are likely to cause confusion,

the chief election officer, after receiving the approval of these candidates, may include on the ballot additional information to assist the electors to identify the candidates, subject to the restrictions under section 77 (3).

(3) The chief election officer's decision on the order of names on a ballot is final.

1993-54-61.

Order of names on ballot determined by lot

79.   (1) The Council may, by by-law, permit the order of names on a ballot to be determined by lot in accordance with this section.

(2) The chief election officer must notify all candidates as to the date, time and place when the determination is to be made.

(3) The only persons who may be present at the determination are the candidates, or their official agents, and any other persons permitted to be present by the chief election officer.

(4) The procedure for the determination is to be as follows:

(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;

(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;

(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;

(d) the chief election officer is to direct a person who is not a candidate or candidate representative to withdraw the papers one at a time;

(e) the name on the first paper drawn is to be the first name on the ballot, the name on the second paper is to be the second, and so on until the placing of all candidates' names on the ballot has been determined.

1993-54-61.

Ballot boxes

80.   (1) Ballot boxes for an election may be any box or other appropriate receptacle that is constructed so that ballots can be inserted but not withdrawn unless the ballot box is opened.

(2) Separate ballot boxes must be used for each of the following:

(a) ballots used to vote at required general voting opportunities;

(b) ballots used to vote at additional general voting opportunities;

(c) ballots used to vote at advance voting opportunities;

(d) ballots used to vote at special voting opportunities;

(e) mail ballots used to vote.

(3) A ballot box used at one type of voting opportunity referred to in subsection (2) (a) to (e) may be used again at another voting opportunity of the same type.

1993-54-61.

Division (11) — Conduct of Voting Proceedings

Persons who must be present at voting places

81.   (1) A presiding election official and at least one other election official must be present at all times at each voting place during voting hours except during a suspension of voting under section 94.

(2) If an election official does not attend at a voting place as expected, the presiding election official may appoint a person as an election official in the missing person's place, whether or not this authority has already been given under this Part.

1993-54-61; 2007-14-201.

Persons who may be present at voting places

82.   (1) Except as provided in this section, a person must not be present at a voting place while voting proceedings are being conducted.

(2) The following persons may be present at a voting place while voting proceedings are being conducted:

(a) persons who are present for the purpose of voting and persons in the care of such a person;

(b) persons assisting under section 21 or 93;

(c) election officials;

(d) the official agent of a candidate in the election and, for each ballot box in use at that time for receiving ballots for that election, one scrutineer for each candidate, unless a by-law under subsection (3) permits more to be present;

(e) other persons permitted to be present by the presiding election official.

(3) The Council may, by by-law, permit more than one scrutineer for each candidate to be present for each ballot box in use at a voting place while voting proceedings are being conducted, subject to any restrictions and conditions specified in the by-law.

(4) Other than for the purpose of voting, a candidate must not be present at a voting place or special voting opportunity while voting proceedings are being conducted.

(5) Other than a person attending to vote, a person in the care of a person attending to vote or a peace officer assisting the presiding election official under section 19, each person present at a voting place while voting proceedings are being conducted and each candidate representative present at a special voting opportunity must make a solemn declaration to preserve the secrecy of the ballot in accordance with section 85.

1993-54-61.

Sealing of ballot boxes containing ballots

83.   (1) Before a ballot box is used for ballots, the presiding election official, in the presence of at least one witness, must inspect the ballot box to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal.

(2) After a ballot box is used for ballots, the presiding election official must seal it at the following times in a manner to prevent the addition or withdrawal of ballots:

(a) at the close of voting at a voting opportunity;

(b) between each addition of mail ballots;

(c) if the ballot box becomes full while voting proceedings are being conducted;

(d) if voting proceedings are suspended under section 94 or adjourned under section 20.

(3) In addition to sealing by the presiding election official, candidate representatives are entitled to add their seals for the purposes of this section.

(4) Unless it is to be used again in accordance with section 80 (3), a ballot box that has been sealed under this section must remain sealed and unopened until the ballots are to be counted under Division (13).

(5) Before a ballot box sealed under subsection (2) is to be used again in the election, the presiding election official must remove the seal in the presence of at least one witness.

1993-54-61.

Time for voting extended

84.   (1) If the start of voting at a place, as set under this Part, is delayed and the presiding election official considers that a significant number of electors would not be able to vote without an extension under this section, that election official may extend the time for the close of the voting but the extension must not permit voting for a longer length of time than would have been permitted had voting not been delayed.

(2) If, at the time set under this Part for the close of voting at a place, there are electors waiting in or in line outside the place in order to vote, those electors are entitled to vote and the ballot box must remain unsealed until their ballots are deposited.

(3) No electors other than those referred to in subsection (2) are entitled to vote after the end of the set closing time.

(4) The decision of the presiding election official as to who is or who is not entitled to vote under subsection (2) is final and may not be the basis of an application under section 115.

(5) The presiding election official must notify the chief election officer as soon as possible of any extension of voting under this section.

1993-54-61; 2007-14-201.

Division (12) — Voting

Voting to be by secret ballot

85.   (1) Voting at an election must be by secret ballot.

(2) Each person present at a place at which an elector exercises the right to vote, including persons present to vote, and each person present at the counting of the vote must preserve the secrecy of the ballot and, in particular, must not do any of the following:

(a) interfere with a person who is marking a ballot;

(b) attempt to discover how another person voted;

(c) communicate information regarding how another person voted or marked a ballot;

(d) induce a person, directly or indirectly, to show a ballot in a way that reveals how the person voted.

(3) The chief election officer must ensure that each voting place has at least one area that is arranged in such a manner that electors may mark their ballots screened from observation by others and without interference.

(4) An elector may not be required in any legal proceedings to reveal how he or she voted in an election.

1993-54-61.

Each elector may vote only once

86.   (1) A person must not vote more than once in the same election.

(2) For the purpose of ensuring compliance with subsection (1), the presiding election official must ensure that a record is maintained of all persons who receive ballots at the voting proceedings for which the presiding election official is responsible.

1993-54-61.

Requirements before elector may be given a ballot to vote

87.   (1) A person must meet the following basic requirements in order to obtain a ballot:

(a) if the person is not shown on the list of registered electors as having registered in advance, the person must register in accordance with section 30 or 30.1;

(b) if the person is shown on the list of registered electors as having registered in advance, the person must sign a written declaration that he or she

(i) is entitled to vote in the election, and

(ii) has not voted before in the same election;

(c) the person must sign the list of registered electors or the voting book, as directed by the presiding election official, giving

(i) the person's name,

(ii) the person's present residential address, and

(iii) if the person is a non-resident property elector, the address of the real property in relation to which the person is voting.

(2) As applicable, the following additional requirements must be met in order to obtain a ballot:

(a) [Repealed 2008-5-66.]

(b) at a special voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;

(c) if the person is challenged under section 88, the person must also meet the requirements of subsection (3) of that section;

(d) if it appears that another person has already voted in that person's name, the person must also meet the requirements of section 89 (2);

(e) if the person requires assistance to mark the ballot, the requirements of section 93 (3) must also be met.

(3) Once the requirements of subsections (1) and (2) have been met, the election official must give the elector the ballot or ballots to which that elector is entitled.

(4) A person who does not meet the requirements of subsections (1) and (2) is not entitled to vote and must not be given a ballot.

(5) A voting book or list of registered electors may be prepared in such a manner that all the applicable requirements of subsection (1) or (2), or both, may be met by entries on the voting book or list of registered electors.

1993-54-61; 1994-52-149; 1999-37-310; 2008-5-66.

Challenge of elector

88.   (1) A person's right to vote may be challenged in accordance with this section at any time during the procedures under section 87 (1) and (2) to obtain a ballot up until the time the person receives the ballot.

(2) A challenge may be made

(a) only in person by an election official, a candidate representative or an elector, and

(b) only on the basis that the person proposing to vote

(i) is not entitled to vote, or

(ii) has contravened section 123 (3).

(3) In order to receive a ballot, a person whose right to vote has been challenged must either

(a) provide evidence satisfactory to the presiding election official that the person is entitled to vote, or

(b) make a solemn declaration before the presiding election official as to the person's entitlement to vote.

(4) The solemn declaration required by subsection (3) (b) must state that the person

(a) meets all the qualifications to be registered as an elector,

(b) is either registered as an elector or is applying at this time to be registered,

(c) is in fact the person under whose name the person is registered or registering as an elector,

(d) has not contravened section 123, and

(e) has not voted before in the same election and will not vote again in the same election.

(5) The presiding election official must keep a record indicating

(a) that the person was challenged,

(b) the name of the person who made the challenge, and

(c) how the person challenged satisfied the requirement of subsection (3).

1993-54-61.

If another person has already voted under an elector's name

89.   (1) This section applies if an elector meets the requirements of section 87 but the voting book or list of registered electors indicates that another person has already voted using the name of the elector.

(2) In order to obtain a ballot, the person asserting the right to vote as the named elector must either

(a) provide evidence satisfactory to the presiding election official that the person is the named elector, or

(b) make a solemn declaration described in section 88 (4) as to the person's entitlement to vote as the named elector.

(3) The presiding election official must keep a record indicating

(a) that a second ballot was issued in the name of the elector, and

(b) any challenge under section 88 of the person who obtained the second ballot.

1993-54-61.

Replacement of spoiled ballot

90.   (1) If an elector unintentionally spoils a ballot before it is deposited in a ballot box, the elector may obtain a replacement ballot by giving the spoiled ballot to the presiding election official.

(2) The presiding election official must immediately mark as spoiled a ballot replaced under subsection (1) and retain the spoiled ballot for return to the chief election officer.

1993-54-61.

How to vote by ballot

91.   (1) After receiving a ballot, an elector must

(a) proceed without delay to the voting compartment provided,

(b) while the ballot is screened from observation, mark it by making a cross in the blank space opposite the name of the candidate or candidates for whom the elector wishes to vote,

(c) fold the ballot to conceal all marks made on it by the elector,

(d) leave the voting compartment without delay,

(e) deposit the ballot in the appropriate sealed ballot box, and

(f) leave the voting place without delay.

(2) An election official may and, if requested by the elector, must explain to an elector the proper method for voting by ballot.

1993-54-61.

One person to a voting compartment

92.   (1) While an elector is in a voting compartment to mark a ballot, no other person may observe or be in a position to observe the ballot being marked.

(2) As exceptions to subsection (1),

(a) a person assisting an elector under section 93 may be present with the elector, and

(b) if the presiding election official permits, a person who is in the care of an elector may be present with the elector.

1993-54-61.

Persons needing assistance to mark their ballots

93.   (1) This section applies to electors who are unable to mark a ballot because of physical disability or difficulties with reading or writing.

(2) An elector referred to in subsection (1) may be assisted in voting by an election official or by a person accompanying the elector.

(3) In order to receive a ballot to be marked under this section, the following requirements must be met:

(a) the person assisting must sign a written statement giving

(i) the assisting person's name and residential address,

(ii) the name and residential address of the elector being assisted, and

(iii) if the elector being assisted is a non-resident property elector, the address of the real property in relation to which the elector is voting;

(b) a person who is not an election official must make a solemn declaration before the presiding election official that the person will

(i) preserve the secrecy of the ballot of the elector being assisted,

(ii) mark the ballot in accordance with the wishes of the elector, and

(iii) refrain from attempting in any manner to influence the elector as to how the elector should vote;

(c) if assistance is needed because the elector needs a translator to be able to read the ballot and the instructions for voting, the person assisting must make a solemn declaration in accordance with section 21 (3).

(4) The person assisting must accompany the elector to the voting compartment or other place to be used for voting, must mark the ballot in accordance with the directions of the elector and may, in the presence of the elector, fold the ballot and deposit it in the ballot box.

(5) Candidates, candidate representatives and financial agents must not assist in marking a ballot.

(6) A person does not vote by assisting under this section.

1993-54-61; 1994-52-150.

Persons unable to enter a voting place

94.   (1) This section applies to electors who come to a voting place to vote but who are unable to enter the voting place because of physical disability or impaired mobility.

(2) An elector referred to in subsection (1) may request to vote at the nearest location to the voting place to which the elector has access.

(3) If a request is made, the presiding election official or another election official designated by the presiding election official must attend the elector at the nearest location to the voting place for the purpose of allowing the elector to meet the requirements under section 87 to obtain a ballot.

(4) The election official must ensure that the elector's marked ballot is placed in the appropriate ballot box, taking whatever steps the official considers necessary to maintain the secrecy of the ballot.

(5) The presiding election official may temporarily suspend voting proceedings in order to allow an elector to vote under this section.

(6) The presiding election official may have separate ballot boxes available for the purposes of this section, and these ballot boxes are not to be considered to be ballot boxes in use for the purposes of determining the number of candidate representatives who may be present at a voting place under section 82.

1993-54-61.

Division (13) — Counting of the Vote

When and where counting is to be done

95.   (1) The counting of the votes on ballots for an election must not take place until the close of general voting for the election, but must take place as soon as practicable after this time.

(2) The counting of the votes on ballots used for general voting is to be conducted at the voting place where the ballot boxes containing them are located unless the chief election officer directs that the counting is to take place at another location.

(3) The counting of the votes on ballots other than those referred to in subsection (2) is to be conducted at a place specified by the chief election officer.

(4) The chief election officer must notify the candidates in an election of any place other than a voting place referred to in subsection (2) at which the counting of the votes for the election is to be conducted.

1993-54-61; 2014-19-141.

Who may be present at counting

96.   (1) A presiding election official and at least one other election official must be present while counting proceedings are being conducted.

(2) Candidates in an election are entitled to be present when counting proceedings for the election are being conducted.

(3) For each place where the votes on ballots for an election are being counted, at each location within that place where ballots are being considered, one candidate representative for each candidate in the election is entitled to be present.

(4) No persons other than those referred to in subsections (2) and (3) and election officials taking part in the counting may be present when counting proceedings are being conducted, unless permitted by the presiding election official.

1993-54-61.

Who does the counting

97.   (1) The counting of the votes on ballots for an election must be conducted by the presiding election official or, except as limited by subsection (2), by other election officials under the supervision of the presiding election official.

(2) The presiding election official must personally deal with all ballots rejected under section 101 or objected to under section 102.

1993-54-61.

Opening of ballot boxes

98.   (1) As the first step in the counting of the votes on ballots in a ballot box, the ballot box is to be opened by an election official in the presence of at least one witness.

(2) If the seals on a ballot box are not intact when it is opened under subsection (1),

(a) the ballots in the ballot box must not be combined under section 99, and

(b) the ballots in the ballot box must be counted separately and a separate ballot account and separate ballot packages for the ballots must be prepared.

1993-54-61.

Combination of ballots for counting

99.   (1) After ballot boxes are opened under section 98, the ballots in them may be combined in accordance with this section.

(2) The election official responsible for the counting may combine ballots in different ballot boxes together in a single ballot box as follows:

(a) ballots in a ballot box used at a required general voting opportunity may be combined with ballots in other ballot boxes used at the same required general voting opportunity;

(b) ballots in a ballot box used at an additional general voting opportunity may be combined with ballots in other ballot boxes used at the same or another additional general voting opportunity;

(c) ballots in a ballot box used at an advance voting opportunity may be combined with ballots in other ballot boxes used at the same or another advance voting opportunity;

(d) ballots in a ballot box used for a special voting opportunity may be combined with ballots in other ballot boxes used at the same or another special voting opportunity;

(e) ballots in a ballot box used for mail ballots may be combined with ballots in other ballot boxes used for mail ballots;

(f) if some of the ballots in a ballot box are for a different election than the one for which the ballot box was intended, the election official may combine the ballots that do not belong in the ballot box with ballots in the appropriate ballot box.

(3) For the purpose of preserving the secrecy of the ballot, if there would be fewer than 25 ballots in a ballot box after combination under subsection (2), the presiding election official may combine those ballots with ballots in any other ballot box.

(4) Except for combination under this section,

(a) the votes on each class of ballots referred to in subsection (2) must be counted separately from the votes on ballots in any other class, and

(b) a separate ballot account under section 103 and separate ballot packages under section 104 must be prepared for each class of ballots referred to in subsection (2).

1993-54-61.

Procedures for counting

100.   (1) All ballots in each ballot box must be considered in accordance with this section.

(2) As each ballot for an election is considered, it must be placed in such a manner that the persons present at the counting are able to see how the ballot is marked.

(3) Unless rejected under section 101 (4), a mark referred to in section 101 (1) on a ballot for an election must be accepted and counted as a valid vote.

(4) Counting must proceed as continuously as is practical and the votes must be recorded.

(5) The presiding election official must endorse ballots to indicate the following as applicable:

(a) that the ballot was rejected under section 101 in relation to an election;

(b) that the rejection of the ballot was objected to under section 102;

(c) that a mark on the ballot was accepted as a valid vote but the acceptance was objected to under section 102.

(6) An endorsement under subsection (5) must be made at the time the presiding election official considers the ballot and in such a manner that it does not alter or obscure the elector's marking on the ballot.

1993-54-61.

Rules for accepting votes and rejecting ballots

101.   (1) The following are marks that are to be accepted and counted as valid votes for an election unless the ballot is rejected under subsection (4):

(a) a mark of the type required by section 91 (1) (b);

(b) a tick mark that is placed in the location required by section 91 (1) (b);

(c) a mark of the type required by section 91 (1) (b) that is out of or partly out of the location on the ballot in which it is required to be put by that provision, as long as the mark is placed in such a manner as to indicate clearly the intent of the elector to vote for a particular candidate;

(d) a tick mark that is placed as described in paragraph (c).

(2) A mark on a ballot other than a mark referred to in subsection (1) must not be accepted and counted as a valid vote.

(3) If a ballot is in the form of a composite ballot under section 76 (2) (a), for the purposes of subsections (1) and (2) of this section each portion of the ballot that deals with a single election is to be considered a separate ballot.

(4) Ballots must be rejected as invalid in accordance with the following:

(a) a ballot must be rejected in total if it appears that the ballot physically differs from the ballots provided by the chief election officer for the election;

(b) a ballot must be rejected in total if there are no marks referred to in subsection (1) on it;

(c) a ballot must be rejected in total if the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the elector could reasonably be identified;

(d) a ballot must be rejected in total if more than one form of mark referred to in subsection (1) is on the ballot;

(e) a ballot is to be rejected in relation to an election if there are more marks referred to in subsection (1) for the election on the ballot than there are candidates to be elected.

(5) In the case of a ballot that is part of a ballot set under section 76 (2) (b), the ballot is not to be rejected under subsection (4) (a) solely on the basis that the ballot is part of an incomplete ballot set or that the ballot has become separated from its ballot set.

1993-54-61.

Objections to the acceptance of a vote or the rejection of a ballot

102.   (1) A candidate or candidate representative may object to a decision to accept a vote or reject a ballot, with the objection recorded in accordance with section 100 (5) and (6).

(2) An objection must be made at the time the ballot is considered.

(3) The decision of the presiding election official regarding the acceptance of a vote or the rejection of a ballot may not be challenged except as provided in this section and the decision may only be changed by the chief election officer under section 107 or on a judicial recount.

1993-54-61.

Ballot account

103.   (1) Once all counting at a place is completed, ballot accounts for each election must be prepared in accordance with this section and signed by the presiding election official.

(2) A ballot account must include the following:

(a) the office to be filled by the election;

(b) the number of valid votes for each candidate in the election;

(c) the number of ballots received by the presiding election official from the chief election officer for use at the voting opportunity;

(d) the number of ballots given to electors at the voting opportunity;

(e) the number of ballots for which marks were accepted as valid votes for the election without objection;

(f) the number of ballots for which marks were accepted as valid votes, subject to an objection under section 102;

(g) the number of ballots rejected as invalid without objection;

(h) the number of ballots rejected as invalid, subject to an objection under section 102;

(i) the number of spoiled ballots that were cancelled and replaced under section 90;

(j) the number of unused ballots;

(k) the number of ballots added under section 99 (3) to the ballots for which the ballot account is prepared;

(l) the number of ballots not accounted for.

(3) A copy of the ballot account must be prepared and signed by the presiding election official and included with the election materials under section 105.

1993-54-61.

Packaging of ballots

104.   (1) The presiding election official, or an election official under the supervision of the presiding election official, must separately package each of the following classes of ballots for delivery to the chief election officer:

(a) ballots that were rejected in total, subject to an objection regarding the rejection;

(b) ballots that were rejected in part, subject to an objection regarding the rejection or regarding the acceptance of a vote;

(c) ballots that were subject to an objection regarding the acceptance of a vote, unless included in a package under paragraph (b);

(d) ballots that were rejected in total without objection;

(e) ballots that were rejected in part without objection to the rejection or the acceptance of a vote;

(f) ballots for which all votes were accepted without objection;

(g) spoiled ballots that were cancelled and replaced under section 90;

(h) unused ballots.

(2) Each ballot package must be clearly marked as to its contents and sealed by the presiding election official.

(3) Candidates and candidate representatives present at the proceedings are entitled to add their seals to a ballot package.

(4) If ballot boxes are used as ballot packages, they must be sealed in accordance with section 83.

1993-54-61.

Delivery of election materials to chief election officer

105.   (1) After the ballot accounts are completed and the sealed ballot packages prepared, the following must be placed in ballot boxes from which the counted ballots were taken:

(a) the sealed ballot packages, if these are not ballot boxes themselves;

(b) the copy of the ballot account prepared under section 103 (3);

(c) the voting books;

(d) any copies of the list of registered electors used for the purposes of voting proceedings;

(e) any records required under this Part to be made during voting proceedings;

(f) any stubs for ballots given to electors;

(g) any solemn declarations taken and any signed written statements required under this Part in relation to voting proceedings.

(2) The ballot boxes in which the election materials are placed must be sealed in accordance with section 83 and must not be opened until after the declaration of the results of the election under section 108 except by the chief election officer for the purposes of section 107 (4).

(3) If votes for an election are counted at more than one place, the presiding election official must deliver to the chief election officer, in the manner instructed by the chief election officer, the original of the ballot account, the sealed ballot boxes and all other ballot boxes in the custody of the presiding election official.

1993-54-61; 2007-14-201.

Preliminary election results

106.   (1) The chief election officer may announce preliminary results of an election before the determination under section 107 is completed.

(2) Preliminary results must be based on the ballot accounts prepared under section 103, determined by calculating the total number of valid votes for each candidate in the election as reported on the ballot accounts.

1993-54-61.

Determination of official election results

107.   (1) As the final counting proceeding subject to a judicial recount, the chief election officer must determine the results of an election in accordance with this section.

(2) The chief election officer must notify the candidates in an election of the date, time and place when the determination is to be made and the candidates are entitled to be present when those proceedings take place.

(3) The chief election officer must begin the determination by reviewing the ballot accounts or by having them reviewed by election officials authorized by the chief election officer.

(4) The chief election officer may verify the results indicated by a ballot account by counting the votes on all or some of the ballots for the election, including reviewing the decision of a presiding election official regarding the acceptance of some or all of the votes or the rejection of some or all of the ballots.

(5) The chief election officer may be assisted in counting under subsection (4) by other election officials, but must personally make all decisions regarding the acceptance of votes or the rejection of ballots that were subject to an objection under section 102.

(6) The chief election officer may reverse the decision of another election official regarding the acceptance of a vote or the rejection of a ballot made at the original consideration of the ballot and, if this is done, the chief election officer must endorse the ballot with a note of this.

(7) The chief election officer or an election official authorized by the chief election officer must either mark on the original ballot accounts any changes made under this section or prepare a new ballot account of the results of the counting under subsection (4).

(8) On the basis of the ballot accounts, as amended or prepared under subsection (7) if applicable, the chief election officer must prepare a statement of the total number of votes for each candidate in the election.

(9) A decision of the chief election officer under this section may only be changed on a judicial recount.

(10) If a ballot box or ballot package is opened for the purposes of subsection (4), the contents must be replaced and it must be resealed during any adjournment and at the end of the review of the contents.

1993-54-61.

Declaration of official election results

108.   (1) Before 4 p.m. on the 4th day following the close of general voting, the chief election officer must declare the results of the election as determined under section 107.

(2) The results must be declared as follows:

(a) in the case of an election for an office to which one person is to be elected, the chief election officer must declare elected the candidate who received the highest number of valid votes for the office;

(b) in the case of an election for an office to which more than one person is to be elected, the chief election officer must declare elected the candidates who received the highest number of valid votes for the office, up to the number of candidates to be elected.

(3) As an exception, if a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates, the chief election officer must declare that the election is to be referred to a judicial recount.

1993-54-61.

When elected candidates may take office

109.   (1) No candidate declared elected under section 108 is entitled to make the oath of office under section 140 until the time period for making an application for a judicial recount has ended.

(2) If an application for a judicial recount of an election is made, a candidate declared elected in the election is not entitled to make the oath of office until the recount has been completed and the candidate's election has been confirmed unless permitted by the Provincial Court under subsection (3).

(3) The Provincial Court may, on application, authorize a candidate who has been declared elected to make the oath of office if the Provincial Court is satisfied that the candidate's election will not be affected by the results of the judicial recount.

1993-54-61.

Division (14) — Judicial Recount

Application for judicial recount

110.   (1) An application may be made in accordance with this section for a judicial recount to be undertaken by the Provincial Court of some or all of the votes in an election.

(2) Except as provided in subsection (5), an application may only be made on one or more of the following bases:

(a) that votes were not correctly accepted or ballots were not correctly rejected as required by the rules of section 101;

(b) that a ballot account does not accurately record the number of valid votes for a candidate;

(c) that the final determination under section 107 did not correctly calculate the total number of valid votes for a candidate.

(3) The time period during which an application may be made is limited to the time between the declaration of official election results under section 108 and 9 days after the close of general voting.

(4) The application may only be made by

(a) an elector,

(b) a candidate in the election or a candidate representative of a candidate in the election, or

(c) the chief election officer.

(5) An application must be made by the chief election officer if, at the end of the determination of official election results under section 107, a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates.

(6) The document commencing an application must set out briefly the facts on which the application is based and must be supported by affidavit as to those facts.

(7) At the time an application is commenced, a time must be set for the recount that is adequate to allow the Provincial Court to complete the recount within the time limit set by section 111.

(8) The person making the application must notify affected persons

(a) by immediately notifying the chief election officer and the affected candidates in the election, if any, that a judicial recount will be conducted at the time set under subsection (7), and

(b) within 24 hours of filing the document commencing the application, by delivering to these persons copies of that document, the accompanying affidavit and a notice of the time for the recount.

1993-54-61.

Judicial recount procedure

111.   (1) A judicial recount must be conducted in accordance with this section and completed by the end of 13 days after the close of general voting.

(2) The person who made the application for the recount, the chief election officer, the candidates in the election and the official agents and counsel of the candidates are entitled to be present at a judicial recount and other persons may be present only if permitted by the Provincial Court.

(3) The chief election officer must bring to the recount all ballot accounts used for the determination of official election results under section 107 and the ballot boxes containing the ballots for which the recount is requested.

(4) In conducting a recount, the Provincial Court must open the ballot boxes containing the ballots for which the recount is requested, count those ballots in accordance with sections 100 and 101 and confirm or change the ballot accounts in accordance with the counting.

(5) In its discretion, the Provincial Court may count other ballots in addition to those for which the recount was requested and, for this purpose, may require the chief election officer to bring other ballot boxes.

(6) The Provincial Court may appoint persons to assist in the recount.

(7) As exceptions to the obligation to conduct a recount in accordance with the other provisions of this section,

(a) if the person who made the application for the recount, the chief election officer and the candidates present at the recount agree, the Provincial Court may restrict the ballots to be recounted as agreed by these persons at that time, or

(b) if the Provincial Court determines on the basis of the ballot accounts that the results of a recount of the ballots, if it were conducted, would not materially affect the results of the election, the Provincial Court may confirm the results of the election and take no further action under this section.

(8) Unless otherwise directed by the Provincial Court, the ballot boxes at a judicial recount must remain in the custody of the chief election officer.

(9) During a recess or adjournment of a judicial recount and after the completion of the judicial recount, the ballot boxes must be resealed in accordance with section 83 by the person having custody of them and may be additionally sealed by other persons present.

1993-54-61.

Results of judicial recount and orders as to costs

112.   (1) At the completion of a judicial recount, the Provincial Court must declare the results of the election.

(2) The results declared under subsection (1) or following a determination by lot under section 113 are final, subject only to a declaration under section 117 that the election was invalid, and may not be appealed.

(3) All costs, charges and expenses of and incidental to an application for judicial recount, including the recount and any other proceedings following from the application, must be paid by the city, the applicant and the persons notified of the application under section 110 (8), or any of them, in the proportion the Provincial Court determines.

(4) At the conclusion of a judicial recount, the Provincial Court must make an order for the purposes of subsection (3) having regard to any costs, charges or expenses that, in the opinion of the Provincial Court, were caused by vexatious conduct, unfounded allegations or unfounded objections on the part of the applicant or the persons who were given notice.

(5) In relation to subsection (3), the Provincial Court may order that the costs be determined in the same manner as costs within the meaning of the Supreme Court Civil Rules.

1993-54-61; 2010-6-86.

Determination of results by lot if tie vote after judicial recount

113.   (1) The Council may, by by-law, provide that, if at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, the results will be determined by lot in accordance with this section rather than by election under section 114.

(2) If a by-law under subsection (1) applies and there is an equality of votes as described in that subsection, the results of the election are to be determined, as the conclusion of the judicial recount, by lot between those candidates in accordance with the following:

(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;

(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;

(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;

(d) the Provincial Court is to direct a person who is not a candidate or candidate representative to withdraw one paper;

(e) the Provincial Court is to declare elected the candidate whose name is on the paper that was drawn.

1993-54-61.

Runoff election if tie vote after a judicial recount

114.   (1) If at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, a runoff election must be held in accordance with this section unless a by-law under section 113 applies.

(2) Except as provided in this section, this Part applies to a runoff election under subsection (1).

(3) The candidates in the runoff election are to be the unsuccessful candidates in the original election who do not withdraw, and no new nominations are required or permitted.

(4) As soon as practicable after the judicial recount, the chief election officer must notify the candidates referred to in subsection (3) that an election is to be held and that they are candidates in the election unless they deliver a written withdrawal to the chief election officer within 3 days after being notified.

(5) The chief election officer must set a general voting day for the runoff election, which must be on a Saturday no later than 50 days after the completion of the judicial recount.

(6) If advance registration would otherwise be permitted, the closed period under section 29 (4) extends until the day after the close of general voting for the election under this section.

(7) No new list of registered electors is required and sections 35 to 37 do not apply.

(8) So far as reasonably possible, election proceedings must be conducted as they were for the original election except that, if voting under section 74 was used for the original election, it is not necessary to use this for the election under this section.

(9) Without limiting subsection (8), so far as reasonably possible, voting opportunities equivalent to those provided for the original election must be held and, for these, no new by-laws under this Part are required.

1993-54-61; 2014-19-142.

Division (15) — Declaration of Invalid Election

Application to court

115.   (1) The right of an elected candidate to take office or the validity of an election may not be challenged except by an application under this section.

(2) An application may be made in accordance with this section to the Supreme Court for a declaration regarding the right of a person to take office or the validity of an election.

(3) The time limit for making an application is 30 days after the declaration of official election results under section 108.

(4) An application may be made only by a candidate in the election, the chief election officer or at least 4 electors.

(5) An application may be made only on one or more of the following bases:

(a) that a candidate declared elected was not qualified to hold office at the time he or she was elected or, between the time of the election and the time for taking office, the candidate has ceased to be qualified to hold office;

(b) that an election should be declared invalid because it was not conducted in accordance with this Act or a regulation or by-law under this Act;

(c) that an election or the election of a candidate should be declared invalid because section 123, 124 or 125 (2) (a) was contravened.

(6) As a restriction on subsection (5) (b), an application may not be made on any basis for which an application for judicial recount may be or may have been made.

(7) At the time the petition commencing an application is filed, the court registry must set a date for the court to hear the application, which must be at least 10 days but no later than 21 days after the date the petition is filed.

(8) As soon as practicable, but no later than 2 days after a petition is filed, the person making the application must serve the petition and the notice of hearing on the City Clerk.

(9) If a candidate affected by an application files a written statement renouncing all claim to the office to which the candidate was elected, the court may permit the petition for the application to be withdrawn unless it is based on an allegation that the candidate who has renounced the office contravened section 123 or 124.

1993-54-61; 1994-52-151; 2014-19-143.

Hearing of the application

116.   (1) The Supreme Court must hear and determine an application under section 115 as soon as practicable and, for these purposes, must ensure that the proceedings are conducted as expeditiously as possible.

(2) If the application is based on a claim that section 123 or 124 was contravened, the evidence regarding that claim must be given orally by witnesses rather than by affidavit.

1993-54-61; 2014-19-144.

Power of the court on an application

117.   (1) On the hearing of an application under section 115 regarding the qualification of an elected candidate to take office, the court may

(a) declare that the candidate is confirmed as qualified to take and hold office,

(b) declare that the candidate is not qualified to hold office and that the office is vacant, or

(c) declare that the candidate is not qualified to hold office and that the candidate who received the next highest number of valid votes is elected in place of the disqualified candidate.

(2) On the hearing of an application under section 115 regarding the validity of an election, the court may

(a) declare that the election is confirmed as valid,

(b) declare that the election is invalid and that the offices that were to be filled in the election are vacant,

(c) declare that the election of a candidate is invalid and that the office is vacant, or

(d) declare that the election of a candidate is invalid and that another candidate is duly elected.

(3) The court must not declare an election invalid by reason only of an irregularity or failure to comply with this Act or a regulation or by-law under this Act if the court is satisfied that

(a) the election was conducted in good faith and in accordance with the principles of this Act, and

(b) the irregularity or failure did not materially affect the result of the election.

(4) The court may confirm the election of a candidate in relation to which the court finds there was a contravention of section 123 or 124 if the court is satisfied that

(a) the candidate did not contravene the applicable section, and

(b) the contravention did not materially affect the result of the election.

(5) If the court declares that a candidate is not qualified to hold office or that the election of a candidate is invalid, the court may order the candidate to pay the city a sum of money not greater than $20 000 towards the expenses for the election required to fill the vacancy.

(6) If the court makes a declaration under subsection (1) (c) or (2) (d) that another candidate is elected, the candidate who is replaced ceases to be entitled to take or hold the office and the other candidate declared elected is entitled to take the office.

1993-54-61; 2021-5-91.

Costs of an application

118.   (1) If the court declares that a candidate is not qualified to hold office or that an election is invalid, the costs, within the meaning of the Supreme Court Civil Rules, of the persons who made the application under section 115 must be paid promptly by the city.

(2) The court may order that costs to be paid under subsection (1) may be recovered by the city from any other person as directed by the court in the same manner as a judgment of the Supreme Court.

(3) Except as provided in subsection (1), the costs of an application are in the discretion of the court.

1993-54-61; 2010-6-97.

Status of an elected candidate

119.   (1) A person affected by an application under section 115 who has been declared elected is entitled to take office and to vote and otherwise act in the office unless the court declares the candidate disqualified and the office vacant.

(2) If a person who is declared disqualified to hold office by the Supreme Court appeals the decision, the appeal does not operate as a stay of the declaration and the person is disqualified pending the final determination of the appeal.

(3) If the person is declared qualified to hold office on the final determination of the appeal, the court may order that any money paid under section 117 (5) be repaid with interest as directed by the court.

(4) A person who is declared qualified to hold office on the final determination of an appeal is entitled,

(a) if the term of office for which the person was elected has not ended, to take office for any unexpired part of the term and, for this purpose, any person elected or appointed to the office since the declaration of disqualification ceases to hold office at the time the person declared qualified takes office, and

(b) if the term of office for which the person was elected is expired, to be elected at any following election if otherwise qualified.

1993-54-61; 1999-37-311.

Division (16) — Final Proceedings

Report of election results

120.   (1) Within 30 days after the declaration of official election results under section 48 for an election by acclamation or under section 108 for an election by voting, the chief election officer must submit a report of the election results to the Council.

(2) In the case of an election by voting, the report under subsection (1) must include a compilation of the information on the ballot accounts for the election.

(3) If the results of the election are changed by a judicial recount or on an application under section 115 after the report under subsection (1) is submitted, the City Clerk must submit to the Council a supplementary report reflecting the changed results.

1993-54-61.

Publication of election results

121.   (1) Within 30 days after elected candidates have taken office, the City Clerk must submit the names of the elected officials to the Gazette for publication.

(2) Within 30 days after persons appointed to Council have taken office, the City Clerk must submit the names of the appointed officials to the Gazette for publication.

1993-54-61.

Retention and destruction of election materials

122.   (1) Until the end of the period for conducting a judicial recount, the chief election officer

(a) must keep the sealed ballot packages delivered under section 105 in the officer's custody,

(b) is responsible for retaining the nomination documents and endorsement documents for the election, other than the written disclosure under the Financial Disclosure Act, and

(c) is responsible for retaining the remainder of the election materials delivered under section 105.

(2) After the end of the period for conducting a judicial recount, the City Clerk

(a) is responsible for retaining the materials referred to in subsection (1) (a) to (c), and

(b) must retain the nomination documents and endorsement documents referred to in subsection (1) (b) until 5 years after general voting day for the election to which the documents relate.

(2.1) Subsection (2) (b) applies to documents retained in respect of the 2014 general local election and all subsequent elections.

(2.2) The City Clerk is not in contravention of subsection (2) (b) if, under section 76 of the Local Elections Campaign Financing Act, the city is required to provide the documents to the BC chief electoral officer.

(3) From the time of the declaration of the official election results under section 108 until 30 days after that date the following election materials must be available for public inspection at the City Hall during its regular office hours:

(a) [Repealed 2008-5-67.]

(b) the voting books used for the election;

(c) any copies of the list of registered electors used for the purposes of voting proceedings;

(d) any records required under this Part to be made during voting proceedings;

(e) any solemn declarations taken and any signed written statements or declarations required under this Part in relation to voting proceedings.

(4) Before inspecting materials referred to in subsection (3), a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the materials except for the purposes of this Part.

(5) The City Clerk must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.

(5.1) A person who inspects materials referred to in subsection (3) must not use the information in them except for the purposes of this Part.

(5.2) Despite section 27 (7) of the Interpretation Act, a person who is entitled to inspect the materials referred to in subsection (3) is not entitled to obtain a copy of those materials.

(6) The following materials must be destroyed as soon as practicable following 8 weeks after the declaration of the official election results under section 108:

(a) [Repealed 1999-37-312.]

(b) the ballots used in the election;

(c) any stubs for ballots used in the election;

(d) any copies of the list of registered electors used for the purposes of voting proceedings;

(e) the voting books used in the election;

(f) any solemn declarations and any written statements or declarations in relation to voting proceedings, other than those used for the registration of electors.

(7) As exceptions, subsection (6) does not apply

(a) if otherwise ordered by a court, or

(b) if the materials relate to an election that is the subject of an application under section 115, until the final determination of that application or the court authorizes their destruction.

(8) Unless otherwise provided under this Act, a person may not inspect a ballot.

1993-54-61; 1994-52-152; 1995-29-6; 1999-37-312; 2007-14-201; 2008-5-67; 2014-19-145; 2016-9-50.

Division (16.1)Canvassing

Canvassing in housing cooperative, strata and rental properties

122.1   (1) In this section:

"authorized canvasser" means an individual authorized in writing by a candidate to canvass electors and distribute candidate information on the candidate's behalf;

"campaign period" has the same meaning as in the Local Elections Campaign Financing Act;

"candidate information" means printed information about

(a) a candidate, and

(b) if applicable, the elector organization that has endorsed the candidate.

(2) The following individuals and organizations must not unreasonably restrict access to residential property by a candidate or an authorized canvasser for the purposes of canvassing electors and distributing candidate information:

(a) a housing cooperative or individual acting on behalf of a housing cooperative;

(b) a landlord or individual acting on behalf of a landlord;

(c) a strata corporation or individual acting on behalf of a strata corporation.

(3) While canvassing electors or distributing candidate information at a residential property, access to which is controlled by any of the individuals or organizations referred to in subsection (2), a candidate or authorized canvasser must produce government-issued photo identification and either proof of candidacy or a candidate's written authorization to canvass electors and distribute candidate information, as applicable, at the request of any of the following individuals:

(a) a resident of the property;

(b) an individual referred to in subsection (2) (a), (b) or (c).

(4) Subsection (2) applies from 9 a.m. to 9 p.m. during the campaign period.

2021-5-92.

Division (17) — Election Offences

Vote buying

123.   (1) In this section "inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind.

(2) A person must not pay, give, lend or procure inducement for any of the following purposes:

(a) to induce a person to vote or refrain from voting;

(b) to induce a person to vote or refrain from voting for or against a particular candidate;

(c) to reward a person for having voted or refrained from voting as described in paragraph (a) or (b);

(d) to procure or induce a person to attempt to procure the election of a particular candidate, the defeat of a particular candidate or a particular result in an election;

(e) to procure or induce a person to attempt to procure the vote of an elector or the failure of an elector to vote.

(3) A person must not accept inducement

(a) to vote or refrain from voting,

(b) to vote or refrain from voting for or against a particular candidate, or

(c) as a reward for having voted or refrained from voting as described in paragraph (a) or (b).

(4) A person must not advance, pay or otherwise provide inducement, or cause inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section.

(5) A person must not offer, agree or promise to do anything otherwise prohibited by this section.

(6) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.

1993-54-61.

Intimidation

124.   (1) In this section "intimidate" means to do or threaten to do any of the following:

(a) use force, violence or restraint against a person;

(b) inflict injury, harm, damage or loss on a person or property;

(c) otherwise intimidate a person.

(2) A person must not intimidate another person for any of the following purposes:

(a) to persuade or compel a person to vote or refrain from voting;

(b) to persuade or compel a person to vote or refrain from voting for or against a particular candidate;

(c) to punish a person for having voted or refrained from voting as described in paragraph (a) or (b).

(3) A person must not, by abduction, duress or fraudulent means, do any of the following:

(a) impede, prevent or otherwise interfere with a person's right to vote;

(b) compel, persuade or otherwise cause a person to vote or refrain from voting;

(c) compel, persuade or otherwise cause a person to vote or refrain from voting for a particular candidate.

(4) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.

1993-54-61.

Repealed

124.1   [Repealed 2014-19-146.]

Other election offences

125.   (1) In relation to nominations, a person must not do any of the following:

(a) contravene section 44 (4) [unqualified candidate consenting to nomination];

(b) before or after an election, purport to withdraw a candidate from an election without authority to do so or publish or cause to be published a false statement that a candidate has withdrawn;

(c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 45.6 (b) [withdrawal of endorsement on ballot].

(2) In relation to voting, a person must not do any of the following:

(a) vote at an election when not entitled to do so;

(b) contravene section 86 (1) regarding voting more than once in an election;

(c) obtain a ballot in the name of another person, whether the name is of a living or dead person or of a fictitious person;

(d) contravene section 85 (2) regarding the secrecy of the ballot.

(3) In relation to ballots and ballot boxes, a person must not do any of the following:

(a) without authority supply a ballot to another person;

(b) without authority print or reproduce a ballot or a paper that is capable of being used as a ballot;

(c) without authority take a ballot out of a place where voting proceedings are being conducted;

(d) put in a ballot box, or cause to be put in a ballot box, a paper other than a ballot that the person is authorized to deposit there;

(e) interfere with voting under section 74 contrary to the applicable by-law and regulations;

(f) without authority destroy, take, open or otherwise interfere with a ballot box or ballots.

(4) In relation to voting proceedings, a person must not do any of the following at or within 100 metres of a building, structure or other place where voting proceedings are being conducted at the time:

(a) canvass or solicit votes or otherwise attempt to influence how an elector votes;

(b) display, distribute, post or openly leave a representation of a ballot marked for a particular result in the voting;

(c) post, display or disseminate

(i) election advertising, or

(ii) any material that identifies a candidate or elector organization, unless this is done with the authorization of the chief election officer;

(d) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate, elector organization or result in the voting.

(5) [Repealed 2014-19-147.]

(6) In relation to any matter or proceeding to which this Part applies, a person must not do any of the following:

(a) provide false or misleading information when required or authorized under this Part to provide information;

(b) make a false or misleading statement or declaration when required under this Part to make a statement or declaration;

(c) inspect or access under this Part

(i) a list of registered electors,

(ii) nomination documents,

(iii) disclosure statements or supplementary reports, or

(iv) other election materials referred to in section 105,

or use the information from any of them, except for purposes authorized under this Act;

(d) be present at a place where voting or counting proceedings are being conducted, unless authorized under this Part to be present;

(e) interfere with, hinder or obstruct an election official or other person in the exercise or performance of his or her powers, duties or functions under this Part or the Local Elections Campaign Financing Act.

(7) A person who is an election official must not contravene this Part with the intention of affecting the result or validity of an election.

1993-54-61; 1994-52-153; 1999-37-314; 2007-14-201; 2008-5-69; 2014-19-147.

Prosecution of organizations and their directors and agents

125.1   (1) An act or thing done or omitted by an officer, director, employee or agent of an organization within the scope of the individual's authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.

(2) If an organization commits an offence under this Part, an officer, director, employee or agent of the organization who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the organization is convicted of the offence.

(3) A prosecution for an offence under this Part may be brought against an unincorporated organization in the name of the organization and, for these purposes, an unincorporated organization is deemed to be a person.

1999-37-315.

Time limit for starting prosecution

125.2   The time limit for laying an information to commence a prosecution respecting an offence under this Part is one year after the date on which the act or omission that is alleged to constitute the offence occurred.

2014-19-148.

Penalties

126.   (1) A person who contravenes section 123 or 124 is guilty of an offence and is liable to one or more of the following penalties:

(a) a fine of not more than $10 000;

(b) imprisonment for a term not longer than 2 years;

(c) a prohibition for a period of not longer than 7 years from holding an elected local government office.

(d) [Repealed 2014-19-149.]

(2) A person or unincorporated organization who contravenes section 125 is guilty of an offence and is liable to one or both of the following penalties:

(a) a fine of not more than $5 000;

(b) imprisonment for a term not longer than one year.

(3) Any penalty under this Division is in addition to and not in place of any other penalty provided in this Part.

(4) A person or unincorporated organization is not guilty of an offence under this Part if the person or organization exercised due diligence to prevent the commission of the offence.

1993-54-61; 1999-37-316; 2008-5-70; 2014-19-149; B.C. Reg. 262/2014.

Division (18) — General

Powers of minister in relation to elections

127.   (1) If the minister considers that special circumstances regarding an election or assent voting require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part or Part II [Assent Voting].

(2) Without limiting subsection (1), an order under this section may provide an exception to or modification of

(a) this Act or a by-law or regulation under this Act, or

(b) the Local Elections Campaign Financing Act or a regulation under that Act,

including extending a time period or establishing a new date in place of a date set under this Act or the Local Elections Campaign Financing Act and giving any other directions the minister considers appropriate in relation to this.

(3) If reasonably possible, before exercising the authority under this section the minister must consult with the Council.

1993-54-61; 2007-14-201; B.C. Reg. 5/2010; 2014-19-150.

Regulations

128.   (1) The Lieutenant Governor in Council may make regulations, including regulations for any matter for which regulations are contemplated by this Part.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing information that must be included under section 28 in an application for registration as an elector, which may be different for resident electors and non-resident property electors;

(a.1) prescribing classes of documents that may be accepted as evidence for the purpose of section 30 [how to register as a resident elector at the time of voting] or 30.1 [how to register as a non-resident property elector at the time of voting];

(b) for the purposes of section 39,

(i) deeming a described class of persons to be employees of the city or a specified regional district, and

(ii) excepting a described class of persons as excluded from the definition of "employee";

(c) prescribing information that must be included in the notice of nomination under section 42, which may be different depending on whether the nomination is for an election at large or an election on the basis of a neighbourhood constituency;

(d) prescribing additional information or material required to be provided under section 45.1 (1) (e) [other information to be provided by candidate];

(d.1) [Repealed 2014-19-151.]

(e) and (e.1) [Repealed 2021-5-93.]

(f) establishing requirements, limits and conditions in relation to voting by mail ballot under section 72;

(g) establishing requirements, limits and conditions in relation to voting under section 74;

(h) establishing requirements, limits and conditions in relation to voting divisions under section 75;

(i) prescribing one or more alternative forms in which a specified solemn declaration must be made.

(3) For the purposes of this section, the Lieutenant Governor in Council may, by regulation, provide that a regulation under section 168 of the Local Government Act applies to the city.

1993-54-61; 1994-52-154; 1999-37-317; 2000-7-191; 2008-5-71; 2014-19-151; RS2015-1-RevSch; 2021-5-93.

Part II — Assent Voting

Division (1) — Interpretation

Definitions

129.   The definitions in Part I apply to this Part and, in addition, in this Part:

"assent voting" means voting on a matter referred to in section 130;

"voting area" means an area for which the applicable assent voting is to be conducted.

2014-19-153.

Assent voting to be conducted in same manner as an election

130.   (1) This Part applies to

(a) voting on a by-law or other matter for which assent of the electors is required,

(b) voting on a by-law or other matter for which the Council is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment, and

(c) voting on a question under section 184.

(2) Except as otherwise provided, Part I [Electors and Elections] applies in relation to

(a) voting referred to in subsection (1) as if the assent voting for the voting area were an election for an election area, and

(b) assent voting advertising whether or not it is election advertising.

(3) For certainty, Division (17) [Election Offences] of Part I applies in relation to assent voting.

1993-54-61; 1999-37-318; 2014-19-154.

Division (2) — Assent of the Electors

How assent is obtained

131.   (1) Unless otherwise provided in this Act, if assent of the electors to a by-law or other matter is required or wanted, that assent is obtained only if a majority of the votes counted as valid are in favour of the by-law or question.

(2) If a by-law that requires the assent of the electors does not receive that assent, no other by-law for the same purpose may be submitted to the electors within a period of 6 months from the last submission except with the approval of the minister.

(3) Despite section 27 (4) of the Interpretation Act, a by-law to which that section applies in relation to assent of the electors may be amended or repealed without the assent of the electors if the minister approves.

1993-54-61; B.C. Reg. 5/2010.

Each by-law to be voted on must be for a distinct purpose

132.   (1) A by-law submitted for the assent of electors must be for only one distinct purpose, although the by-law may include purposes incidental to the main purpose.

(2) If 2 or more by-laws are submitted at the same time for assent of the electors, each by-law must be voted on as a separate question unless otherwise provided in this Act.

1993-54-61.

Division (3) — Proceedings for Assent Voting

Who may vote at assent voting

133.   (1) In order to vote at assent voting, a person must meet both the following requirements:

(a) the person must meet the qualifications of section 23 as a resident elector, or section 24 as a non-resident property elector, in relation to the voting area for which the assent voting is to be conducted;

(b) the person must be registered in accordance with subsection (2).

(2) To vote in assent voting a person must

(a) be registered, on or before the date established under subsection (5) (a) if applicable, as an elector of the city, or

(b) register immediately before voting, as applicable, either

(i) as an elector of the city, or

(ii) as an elector for the purposes of the assent voting only.

(3) A person may vote only once on a question submitted for assent voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more than one voting area.

(4) Registration referred to in subsection (2) (b) (ii) is effective only for the assent voting being conducted at that time.

(5) If general voting day for assent voting is not general voting day for an election under Part I and advance registration is available under section 29,

(a) the chief election officer must establish a date after which registration as an elector will not entitle the person to vote at the assent voting and the person must instead register under subsection (2) (b) in order to vote, and

(b) sections 35 (3), (6) and (7), 36 and 37 do not apply in relation to the assent voting.

(6) If subsection (5) applies, at least 6 but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election officer must give notice in accordance with section 17 of

(a) how a person may register in advance, and

(b) the date after which advance registration will not apply for the purposes of the assent voting.

1993-54-61; 1994-52-155; 2014-19-157.

General voting day for assent voting

134.   (1) An authority in or under this or any other Act for the Lieutenant Governor in Council or a minister to require a by-law or other matter to be submitted for assent of the electors includes the authority to set a general voting day for obtaining that assent, subject to the restriction that general voting day must be on a Saturday.

(2) Unless general voting day is set under subsection (1), the chief election officer must set general voting day for assent voting to be on a Saturday in accordance with the following:

(a) in the case of a by-law referred to in subsection (1), not more than 80 days after the day of the direction to obtain assent;

(b) in the case of a by-law requiring the approval of the Lieutenant Governor in Council or a minister, not more than 80 days after the day of the approval or, if there is more than one approval required, of the last approval;

(c) in the case of other by-laws, not more than 80 days after the day the by-law receives third reading;

(d) in the case of another matter, not more than 80 days after adoption of the authorizing by-law.

1993-54-61; 2014-19-157.

Arrangements for assent voting

135.   (1) In order for a by-law under this Part or a by-law referred to in section 12 to apply in relation to assent voting, the by-law must be adopted at least 6 weeks before general voting day for the assent voting.

(2) Unless subsection (3) applies, voting opportunities for the assent voting are those established under Part I for the assent voting.

(3) Voting opportunities in a voting area for assent voting must be the same as those for an election for Council or for the Park Board that is being held at the same time as the assent voting if

(a) the Council is responsible for conducting the assent voting, and

(b) the voting area for the assent voting is all or part of the city.

1993-54-61; 2007-14-201; 2014-19-156,157.

Notice of assent voting

136.   (1) In place of a notice of election under section 49, at least 6 but not more than 30 days before general voting day for assent voting, the chief election officer must issue a notice of voting under this section in accordance with section 17.

(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of assent voting must be available for public inspection at the City Hall during its regular office hours and may be made available at other locations and times as the chief election officer considers appropriate.

(3) A notice of voting must include the following information:

(a) the question that is to be voted on;

(b) the voting area;

(c) the qualifications required to be met in order to vote as an elector for the assent voting;

(d) the date of general voting day, the voting places established under section 67 for that day and the voting hours for those places;

(d.1) the documents that will be required in order for a person to register as an elector at the time of voting;

(d.2) [Repealed 2019-5-24.]

(e) information required to be included under section 49 (2) (d) and (f) regarding voting divisions.

(4) If the assent voting is on a by-law submitted for the assent of the electors or is authorized by a by-law, the notice of voting must also include the following:

(a) either a copy of the by-law or, if approved by the Council, a synopsis of the by-law in accordance with subsection (5);

(b) if a synopsis of the by-law is included, a statement that the synopsis is not an interpretation of the by-law;

(c) the dates, times and places at which the by-law may be inspected.

(5) A synopsis under subsection (4) (a) must include

(a) in general terms, the intent of the by-law,

(b) the area that is the subject of the by-law, and

(c) if applicable, the amount of the borrowing authorized by the by-law.

(6) If subsection (4) applies, a full copy of the by-law must be available for public inspection

(a) at the City Hall during its regular office hours, and

(b) at each place where voting is conducted.

(7) The notice of voting may also include any other information the chief election officer considers appropriate.

1993-54-61; 2000-7-256; 2008-5-72; 2014-19-157; 2019-5-24.

Ballots for assent voting

136.1   (1) A ballot for assent voting must

(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and

(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".

(2) Unless otherwise provided under this or another Act, separate ballots must be prepared for each question that is to be voted on.

1993-54-61; 2007-14-201; 2014-19-157.

When counting for assent voting is to be done

136.2   (1) As an exception to section 95, the counting of the vote for assent voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the assent voting results under section 108.

(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with section 83 and are delivered to the chief election officer with the materials referred to in section 105.

1993-54-61; 2014-19-157.

Other general matters

136.3   (1) Notices under this Part may be combined with notices under Part I, as it applies to elections or to assent voting, as long as the requirements of all applicable sections are met.

(2) Section 121, requiring the publication of election results in the Gazette, does not apply to assent voting.

(3) The Lieutenant Governor in Council may make regulations as provided in section 128, which may be different for assent voting than for elections and which may be different for different types of assent voting.

1993-54-61; 2014-19-157.

Division (4) — Scrutineers

Scrutineers for assent voting

136.4   (1) Scrutineers for the question in assent voting and scrutineers against the question must be appointed under section 136.7 if applications in accordance with section 136.6 are received from persons who wish to volunteer for the positions.

(2) Only persons entitled to vote as electors in the assent voting are entitled to act as scrutineers for the assent voting, but election officials must not be appointed as scrutineers for the assent voting.

(3) Unless a by-law under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part I to be present.

(4) The Council may, by by-law, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the by-law.

(5) As a limit on the authority under subsection (4), a by-law under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.

(6) The absence of a scrutineer from a place where proceedings for assent voting are being conducted does not invalidate anything done in relation to the assent voting.

1993-54-61; 2014-19-157.

Notice of applications to volunteer as a scrutineer

136.5   (1) Not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 17.

(2) The notice must include the following information:

(a) the question that is to be voted on;

(b) the dates, times and places at which applications for scrutineers will be received;

(c) how interested persons can obtain information on the requirements and procedures for making an application.

(3) The notice may include any other information the chief election officer considers appropriate.

(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection at the City Hall during its regular office hours.

1993-54-61; 2000-7-257.

Applications to volunteer to act as scrutineer for assent voting

136.6   (1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity.

(1.1) As an exception to subsection (1), if general voting day for assent voting is the general voting day for an election, the period for receiving applications

(a) may be established under subsection (1), and

(b) if it is not established under subsection (1), is the nomination period referred to in section 41.

(2) An application to act as a scrutineer for assent voting must be signed by the applicant and contain the following information:

(a) the full name of the person applying;

(b) the address to which the person applying wishes to have notices sent;

(c) if required by the chief election officer, a telephone number at which the person applying may be contacted;

(d) a statement that the applicant is entitled to vote as an elector in the assent voting and is entitled to act as a scrutineer for the assent voting;

(e) a statement as to whether the applicant is in favour of the question or opposed to the question;

(f) any other information required to be included by a regulation under subsection (5).

(3) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).

(4) [Repealed 1994-52-156.]

(5) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section.

1993-54-61; 1994-52-156; 2000-7-258; 2014-19-157.

Appointment of scrutineers for assent voting

136.7   (1) The chief election officer must,

(a) on the basis of the applications received in accordance with section 136.6, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and

(b) assign scrutineers to each place at which scrutineers are entitled to be present under Part I.

(2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 136.4,

(a) all these applicants must be appointed as scrutineers in accordance with subsection (1), and

(b) a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this.

(3) If there are more applicants on one side of the question than the maximum allowed under section 136.4, the following rules apply:

(a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 79 (4) (a) to (d);

(b) the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present;

(c) names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed;

(d) the persons whose names are drawn must be appointed as scrutineers in accordance with subsection (1);

(e) in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) are unable to act as scrutineers.

(4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question is entitled to be present at the final determination under section 107 of the assent voting and at any judicial recount of the assent voting.

(5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following:

(a) the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment;

(b) if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3).

(6) A scrutineer appointment must

(a) be made in writing,

(b) state the name and address of the person appointed,

(c) state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and

(d) be signed by the chief election officer.

1993-54-61; 2014-19-157.

Part III — The Council and Its General Powers

Size and quorum of Council

137.   (1) Except as established under subsection (2), by a temporary order under section 10 (6) (a) or by the effect of section 139 (2), the Council is to consist of a Mayor and 10 Councillors, and the quorum for the Council is 6 members.

(2) Subject to the limit that there must be at least 10 Councillors, the Council may, by by-law, change the number of Councillors, in which case the quorum for the Council is the lowest number of Council members that is a majority of the total Council size as established by the by-law.

(3) A by-law under subsection (2) must provide for an uninterrupted transition from the previous Council.

(4) A by-law under subsection (2) that would reduce the size of Council must not be adopted without the assent of the electors.

1993-54-62.

Councillor elections: at large unless on a neighbourhood constituency basis

138.   (1) Unless a by-law under subsection (2) applies, every member of Council must be elected from the city at large.

(2) The Council may, by by-law, provide that all or some of the Councillors be elected on a neighbourhood constituency basis.

(3) A by-law under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.

(4) A by-law under subsection (2) must be approved by the Lieutenant Governor in Council before it is adopted.

(5) If a neighbourhood constituency is established,

(a) the only persons who may vote as electors for the neighbourhood constituency are

(i) resident electors who meet the qualifications of section 23 in relation to the area of the neighbourhood constituency, and

(ii) non-resident property electors who meet the qualifications of section 24 in relation to the area of the neighbourhood constituency, and

(b) except as permitted at additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency.

(6) The notice of election under section 49 for an election on the basis of a neighbourhood constituency must include the following additional information:

(a) the boundaries of the neighbourhood constituency;

(b) the voting places on general voting day for the neighbourhood constituency;

(c) a description of the qualifications established by subsection (5) (a) that entitle an elector to vote for a member of Council to represent the neighbourhood constituency.

1993-54-62; 1994-52-157.

Term of office for Mayor and Councillors

139.   (1) The term of office for a Mayor elected at a general local election

(a) begins on the first Monday after November 1 following the election or when the person takes office in accordance with section 140 (3), whichever is later, and

(b) ends immediately before the first Monday after November 1 in the year of the next general local election or when the Mayor's successor takes office, whichever is later.

(2) The term of office for a Councillor elected at a general local election

(a) begins on the first Monday after November 1 following the election or when the person takes office in accordance with section 140 (3), whichever is later, and

(b) ends immediately before the first Monday after November 1 in the year of the next general local election or when a sufficient number of members of Council have taken office to make up a quorum, whichever is later.

2014-19-187.

Oath or affirmation of office

140.   (1) A person elected or appointed to office on Council must make an oath or solemn affirmation of office within the following applicable time limit:

(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;

(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;

(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.

(2) A person required to make an oath or solemn affirmation of office under subsection (1)

(a) must make the oath or solemn affirmation before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia or the City Clerk, and

(b) must obtain the completed oath or solemn affirmation, or a certificate of it, from the person administering the oath or affirmation.

(3) A person takes office on Council

(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or solemn affirmation of office, or the certificate of it, to the City Clerk, or

(b) at any later time that the person produces the completed oath or solemn affirmation of office, or the certificate of it, to the City Clerk.

(4) If a person referred to in subsection (1) does not make the required oath or solemn affirmation of office within the time limit established by that subsection, the person is disqualified from holding office

(a) on Council or on the Park Board,

(b) on any other local government, or

(c) as a trustee under the Islands Trust Act

until the next general local election.

(5) Council may, by by-law, establish an oath or solemn affirmation of office for the purposes of this section, which may be different for different types of office.

(6) If no by-law under subsection (5) applies, the oath or solemn affirmation of office to be made is that prescribed by regulation.

(7) A person taking office on Council may also make an oath of allegiance.

(8) Once a member of Council takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.

2014-19-159.

Repealed

141.   [Repealed 2014-19-160.]

Resignation from office

142.   (1) A member of Council may resign from office only by delivering a written resignation to the City Clerk.

(2) A resignation becomes effective when it is received by the City Clerk, even if a later date is set out in the resignation, and may not be revoked after the time it is received.

(3) The City Clerk must notify the Council of a resignation at its next meeting after the resignation is received or, if there are no other Council members, the City Clerk must notify the minister.

1993-54-62; B.C. Reg. 5/2010.

Application to court for declaration of disqualification

142.1   (1) If it appears that a person is disqualified under section 38 (2), other than subsection (2) (f) of that section, and is continuing to act in office,

(a) 10 or more electors of the city, or

(b) the city,

may apply to the court for an order under this section.

(2) As a restriction, the city may only make an application under subsection (1) if this is approved by a resolution that

(a) is adopted by a vote of at least two-thirds of all Council members, and

(b) identifies the grounds for disqualification under section 38 (2) that the Council considers apply.

(3) Sections 145.2 [disclosure of conflict] and 145.3 [restrictions on participation if in conflict] do not apply to the Council member who is subject to a resolution referred to in subsection (2) of this section in relation to that resolution.

(4) An application under this section may only be made within 45 days after the alleged basis of the disqualification comes to the attention of

(a) any of the electors bringing the application, in the case of an application under subsection (1) (a), or

(b) any member of Council other than the person alleged to be disqualified, in the case of an application under subsection (1) (b).

(5) Within 7 days after the petition commencing an application under this section is filed, it must be served on

(a) the person whose right to hold office is being challenged, and

(b) in the case of an application under subsection (1) (a), the city.

(6) On the hearing of the application, the court may declare

(a) that the person is qualified to hold office,

(b) that the person is disqualified from holding office, or

(c) that the person is disqualified from holding office and that the office is vacant.

1993-54-62; 2003-52-503; 2014-19-161.

Status of person subject to an application

142.2   (1) A person who is subject to an application under section 142.1 and who considers that he or she is qualified to hold office may continue to act in office pending the determination of the court respecting the application.

(2) If a person who is declared disqualified from holding office by the court appeals the decision, the appeal does not operate as a stay of the declaration and the person is disqualified pending the final determination of the appeal.

(3) If a declaration of disqualification referred to in subsection (2) is overturned on final appeal and the term of office for which the person was elected has not ended,

(a) the person is entitled to take office for the remainder of the term if otherwise qualified, and

(b) for this purpose, any other person elected or appointed to the office since the declaration of disqualification ceases to hold office at the time the person declared qualified takes office.

1993-54-62; 2003-52-503.

Costs of an application

142.3   (1) In the case of an application under section 142.1 made by a group of electors, if the court declares that the person challenged is not qualified to hold office, the city must promptly pay the electors' costs within the meaning of the Supreme Court Civil Rules.

(2) The court may order that costs to be paid under subsection (1) may be recovered by the city from the person who was declared disqualified or any other person as directed by the court in the same manner as a judgment of the court.

(3) Except as provided in subsection (1), the costs of an application are in the discretion of the court.

2003-52-503; 2010-6-97.

Time of Council meetings

143.   (1) Following a general local election, the first meeting of the Council shall be on the first Monday after November 1 in the year of the election.

(2) If a quorum of Council members elected at the general local election has not taken office by the time referred to in subsection (1), the first meeting of the Council shall be called by the City Clerk and held as soon as reasonably possible after a quorum has taken office.

(3) After the first meeting, the Council must meet as it decides and as provided in this Act.

(4) Subject to subsection (6), if a Council member is absent from Council meetings for

(a) a period of 60 consecutive days, or

(b) 4 consecutive regularly scheduled Council meetings,

whichever is the longer time period, the Council member is disqualified from holding office in accordance with subsection (5).

(5) Disqualification under subsection (4) is disqualification from holding office

(a) on Council or on the Park Board,

(b) on any other local government, or

(c) as a trustee under the Islands Trust Act

until the next general local election.

(6) The disqualification under subsection (4) does not apply if the absence is because of illness or injury or is with the leave of the Council.

1993-54-62; 2014-19-162,188.

Validity of Council proceedings

144.   A by-law, resolution, order, contract or other proceeding of the Council shall not be set aside or declared invalid by reason only that

(a) a person sitting or voting as a member of Council was not qualified to be a member of Council at or before the time of the proceeding,

(b) a member of Council renounced claim to office on Council,

(c) an election for Council was set aside or declared invalid after the proceeding, or

(d) an election of a Council member was set aside or declared invalid after the proceeding.

1993-54-62.

City's powers exercisable by Council generally

145.   (1) Except as otherwise provided, the powers of the city shall be exercisable by the Council.

(2) Without limiting subsection (1) and subject to any express limitation in this Act, the city has full power to engage in any commercial, industrial or business undertaking.

1993-54-62.

Voting at Council meetings

145.1   (1) This section applies to

(a) all meetings of Council, and

(b) meetings of committees referred to in section 165.6 [standing, select and other Council committees].

(2) Unless otherwise provided in this Act, if the votes of the members of the Council present at the meeting at the time of the vote are equal for and against a question, the question is defeated and the presiding member shall so declare.

(3) A member of Council present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative.

(4) to (12) [Repealed 1999-37-319.]

1993-54-62; 1999-37-319.

Disclosure of conflict

145.2   (1) This section applies to Council members in relation to

(a) Council meetings,

(b) Council committee meetings, and

(c) meetings of any other body referred to in section 165.7 [application of open meeting rules to other city bodies].

(2) If a Council member attending a meeting considers that he or she is not entitled to participate in the discussion of a matter, or to vote on a question in respect of a matter, because the member has

(a) a direct or indirect pecuniary interest in the matter, or

(b) another interest in the matter that constitutes a conflict of interest,

the member must declare this and state in general terms the reason why the member considers this to be the case.

(3) After making a declaration under subsection (2), the Council member must not do anything referred to in section 145.3 (2) [restrictions on participation].

(4) As an exception to subsection (3), if a Council member has made a declaration under subsection (2) and, after receiving legal advice on the issue, determines that he or she was wrong respecting his or her entitlement to participate in respect of the matter, the member may

(a) return to the meeting or attend another meeting of the same body,

(b) withdraw the declaration by stating in general terms the basis on which the member has determined that he or she is entitled to participate, and

(c) after this, participate and vote in relation to the matter.

(5) For certainty, a Council member who makes a statement under subsection (4) remains subject to section 145.3 [restrictions on participation if in conflict].

(6) When a declaration under subsection (2) or a statement under subsection (4) is made,

(a) the person recording the minutes of the meeting must record

(i) the member's declaration or statement,

(ii) the reasons given for it, and

(iii) the time of the member's departure from the meeting room and, if applicable, of the member's return, and

(b) unless a statement is made under subsection (4), the person presiding at that meeting or any following meeting in respect of the matter must ensure that the member is not present at any part of the meeting during which the matter is under consideration.

1999-37-320; 2003-52-504.

Restrictions on participation if in conflict

145.3   (1) This section applies if a Council member has a direct or indirect pecuniary interest in a matter, whether or not the member has made a declaration under section 145.2 (2).

(2) The Council member must not

(a) remain or attend at any part of a meeting referred to in section 145.2 (1) [disclosure of conflict] during which the matter is under consideration,

(b) participate in any discussion of the matter at such a meeting,

(c) vote on a question in respect of the matter at such a meeting, or

(d) attempt in any way, whether before, during or after such a meeting, to influence the voting on any question in respect of the matter.

(3) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504; 2014-19-163.

Restrictions on inside influence

145.4    (1) A Council member must not use his or her office to attempt to influence in any way a decision, recommendation or other action to be made or taken

(a) at a meeting referred to in section 145.2 (1) [disclosure of conflict],

(b) by an officer or an employee of the city, or

(c) by a delegate under section 161 [delegation of powers],

if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

(2) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504; 2014-19-164.

Restrictions on outside influence

145.5   (1) In addition to the restriction under section 145.4 [restrictions on inside influence], a Council member must not use his or her office to attempt to influence in any way a decision, recommendation or action to be made or taken by any other person or body, if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

(2) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504; 2014-19-165.

Exceptions from conflict restrictions

145.6   (1) Sections 145.2 to 145.5 [disclosure of conflict; restrictions on participation; inside influence; outside influence] do not apply if one or more of the following circumstances applies:

(a) the pecuniary interest of the Council member is a pecuniary interest in common with electors of the city generally;

(b) in the case of a matter that relates to a local improvement project, the pecuniary interest of the Council member is in common with other persons who are or would be liable for the cost of the local improvement project;

(c) the matter relates to remuneration, expenses or benefits payable to one or more Council members in relation to their duties as Council members;

(d) the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter;

(e) the pecuniary interest is of a nature prescribed by regulation.

(2) Despite sections 145.2 to 145.5 [disclosure of conflict; restrictions on participation; inside influence; outside influence], if a Council member

(a) has a legal right to be heard in respect of a matter or to make representations to Council, and

(b) is restricted by one or more of those sections from exercising that right in relation to the matter,

the Council member may appoint another person as a representative to exercise the member's right on his or her behalf.

2003-52-504.

Restrictions on accepting gifts

145.7   (1) A Council member must not, directly or indirectly, accept a fee, gift or personal benefit that is connected with the member's performance of the duties of office.

(2) Subsection (1) does not apply to

(a) a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office,

(b) compensation authorized by law, or

(c) a lawful contribution made to a member who is a candidate for election conducted under this Act or Part 3 of the Local Government Act.

(3) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504; 2014-19-166.

Disclosure of gifts

145.8   (1) This section applies if

(a) a member receives a gift or personal benefit referred to in section 145.7 (2) (a) that exceeds $250 in value, or

(b) the total value of such gifts and benefits, received directly or indirectly from one source in any 12 month period, exceeds $250.

(2) In the circumstances described in subsection (1), the Council member must file with the City Clerk, as soon as reasonably practicable, a disclosure statement indicating

(a) the nature of the gift or benefit,

(b) its source, including, if it is from a corporation, the full names and addresses of at least 2 individuals who are directors of the corporation,

(c) when it was received, and

(d) the circumstances under which it was given and accepted.

(3) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504; 2014-19-167.

Disclosure of contracts with council members and former council members

145.9   (1) If the city enters into a contract in which

(a) a Council member, or

(b) a person who was a Council member at any time during the previous 6 months,

has a direct or indirect pecuniary interest, this must be reported as soon as reasonably practicable at a Council meeting that is open to the public.

(2) In addition to the obligation under section 145.2 [disclosure of conflict], a Council member or former Council member must advise the City Clerk, as soon as reasonably practicable, of any contracts that must be reported under subsection (1) in relation to that person.

(3) A person who contravenes subsection (2) is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504; 2014-19-168.

Restrictions on use of insider information

145.91   (1) A Council member or former Council member must not use information or a record that

(a) was obtained in the performance of the member's office, and

(b) is not available to the general public,

for the purpose of gaining or furthering a direct or indirect pecuniary interest of the Council member or former Council member.

(2) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

2003-52-504; 2014-19-169.

Disqualification from office for contravening conflict rules

145.911   A person disqualified from holding office under any of sections 145.3 to 145.91 is disqualified from holding office

(a) on Council or on the Park Board,

(b) on any other local government, or

(c) as a trustee under the Islands Trust Act

until the next general local election.

2014-19-170.

Court order for person to give up financial gain

145.92   (1) If a Council member or former Council member has

(a) contravened any of the requirements of sections 145.2 to 145.91, and

(b) realized financial gain in relation to that contravention,

the city or an elector may apply to the court for an order under this section.

(2) Within 7 days after the petition commencing an application under this section is filed, it must be served on

(a) the Council member or former Council member, and

(b) in the case of an application brought by an elector, the city.

(3) On an application under this section, the court may order the Council member or former Council member to pay to the city an amount equal to all or part of the person's financial gain as specified by the court.

(4) In the case of an application made by an elector, if the court makes an order under subsection (3), the city must promptly pay the elector's costs within the meaning of the Supreme Court Civil Rules.

(5) The court may order that costs to be paid under subsection (4) may be recovered by the city from any other person as directed by the court in the same manner as a judgment of the court.

(6) Except as provided in subsection (4), the costs of an application are in the discretion of the court.

2003-52-504; 2010-6-97.

Quorum for conducting business

146.   (1) The acts done by a quorum of the Council or other administrative body shall not be held to be invalid by reason of the fact that the Council or administrative body is not at the time composed of the required number of members.

(2) The city may apply to the court for an order under subsection (3) if, as a result of section 145.2 [disclosure of conflict], the number of Council members who may discuss and vote on a matter falls below

(a) the quorum of the Council, or

(b) the number of Council members required to adopt the applicable by-law or resolution.

(3) On an application under subsection (2), the court may

(a) order that all or specified Council members may discuss and vote on the matter, despite sections 145.2 [disclosure of conflict] and 145.3 [restrictions on participation if in conflict], and

(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.

(4) An application under subsection (2) may be made without notice to any other person.

1953-55-146; 2003-52-505.

Continuing bodies

147.   The Council and other administrative bodies shall be deemed and considered to continue in existence notwithstanding any change in their membership, and proceedings begun by one Council or administrative body may be continued and completed by a succeeding Council or administrative body.

1953-55-147.

Unreasonableness no bar

148.   A by-law or resolution duly passed by the Council in the exercise of its powers, and in good faith, shall not be open to question in any Court, or be quashed, set aside, or declared invalid, either wholly or partly, on account of the unreasonableness or supposed unreasonableness of its provisions or any of them.

1953-55-148.

Time within which by-laws may be questioned

149.   Any by-law and any resolution passed by the Council in pursuance of its powers shall be absolutely valid and binding upon all parties concerned, and shall not be questioned in any Court unless within one month after its final passing

(a) a notice of application to quash the by-law or resolution under Part XXV of this Act has been served upon the city; or

(b) an action has been commenced in a Court of competent jurisdiction to set the by-law or resolution aside.

1953-55-149.

Good faith test of sales

150.   The determination of the Council as to the time when, the manner in which, the terms on which, the price for which, or the person to whom, any property of the city which the Council may lawfully sell shall be sold shall not be open to question or review by any Court if the purchaser is a person who may lawfully buy and the Council acted in good faith.

1953-55-150.

Exercise of Council powers by by-law and resolution

151.   (1) Except as restricted by this section, the powers of the Council may be exercised either by by-law or by resolution.

(2) A by-law may not be amended by resolution.

(3) If an enactment provides that Council is required or empowered to exercise a power by by-law, that power may only be exercised by by-law.

(4) If the Council exercises a power to direct that a thing should or should not be done and a person who fails to comply is subject to a fine or penalty, the power shall be exercised by by-law.

1993-54-63.

Power to accept property

152.   (1) The city may accept any property devised, bequeathed, conveyed or otherwise transferred to it, subject to any trusts on which the property is transferred.

(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, the Council may sell the property despite any limitations or restrictions in this Act.

(3) All monies held by the city subject to a trust, until required for the purposes of the trust, must be invested in the manner provided for the investment of sinking funds.

(4) If, in the opinion of the Council, the terms or trusts imposed by a donor, settlor, transferor or will-maker are no longer in the best interests of the city, the Council may apply to the court for an order under subsection (5).

(5) On an application under subsection (4), the court may vary the terms or trusts as the court considers will better further both the intent of the donor, settlor, transferor or will-maker and the best interests of the city.

(6) Section 87 of the Trustee Act applies to an order under subsection (5).

1994-43-85; 1997-25-164; 2009-13-195.

Exceptional grants only upon assent of electors

153.   Except as otherwise provided by this or some other Act, the Council shall not have the power to grant to any person any special rights, franchise, privilege, immunity, or exception beyond such as all others in the like case are entitled to, unless the granting of the same has been authorized by a by-law requiring the assent of the electors.

1953-55-152.

Franchise for telegraph, steam-heat, or hot-water service

153A.   The Council may, by agreement, grant to any person a franchise for a term not exceeding thirty years for the supply of telegraph, steam-heat, or hot-water service and may in such agreement prescribe how and where mains, pipes, conduits, poles, and wires shall be installed and, without restricting the generality of the foregoing, may prescribe the other terms, conditions, and restrictions, including payments to the city, for and in connection with such franchise.

1966-69-24.

Power of Provincial Government to confer added powers in emergency

154.   If at any time, due to unforeseen events of unusual and pressing gravity, the Council, by a vote of not less than two-thirds of the members thereof, passes a resolution declaring that a state of emergency exists in the city, and that the powers then enjoyed by the Council are insufficient to cope with such emergency, the Lieutenant-Governor in Council may by Order confer on the Council such additional powers with respect to the management and disposal of the property and assets of the city as he thinks necessary for the period of such emergency, and thereupon the Council shall have and may exercise the powers so conferred.

1953-55-154.

Settlement of claims

155.   In respect of matters within its jurisdiction, the Council shall have power in its discretion to settle and compromise any claim, action, or proceeding made or taken by or against the city.

1953-55-155.

Witnesses may be required to attend

156.   The Council, or any committee of members of the Council, shall have power, under the hand of the Mayor, to summon witnesses for examination on oath in any and all matters within its jurisdiction, and the Mayor shall have the same power to enforce the attendance of such witnesses and compel them to give evidence as is vested in any Court of law in civil cases. The Mayor or chairman of the committee shall administer the oath to any witness, and such witness may be examined, cross-examined, and re-examined according to the practice of the Supreme Court in civil cases.

1953-55-156.

Declaratory judgments may be sought

157.   Where the Council deems it advisable, the city may institute an action or proceeding merely for a declaratory judgment or order in any Court of competent jurisdiction

(a) to ascertain the right of the city, or any person as against the city, in any matter or thing pertaining to any property, real or personal, or in respect to any moneys, claim, or demand whatsoever;

(b) to test the liability to taxation of any person or property;

(c) to ascertain the liability for or right to damages in any cause or matter;

and the Court may make binding declarations of right whether any consequential relief is sought or not, or is or could be claimed or not; and the Court shall have jurisdiction to hear and entertain such action or proceeding, and such action or proceeding shall not be open to objection merely because such declaratory judgment or order alone is sought thereby.

1953-55-157.

Recovery of costs in certain cases

158.   Notwithstanding that the city employs counsel or solicitors whose remuneration is wholly or partially payable by salary or retainer, the city shall have the right to recover and collect lawful costs in all actions, suits, arbitrations, and proceedings, in the same manner as if the counsel or solicitors were not so remunerated, whether such costs are by the terms of their employment payable to such counsel or solicitors as part of their remuneration in addition to their salary or retainer, or not.

1953-55-158; 1961-76-2.

Council may set up committees

159.   The Council may provide for such committees as it sees fit, and may refer any matter to a committee for report.

1953-55-159.

Discharge of committees

160.   All committees of Council shall stand discharged immediately before the first Monday after November 1 in the year of a general local election.

1993-54-64; 2014-19-189.

Delegation of powers

161.   By a vote of not less than two-thirds of its members, the Council may delegate, with or without restrictions or conditions, to any committee comprised

(a) of members of the Council; or

(b) of employees of the city; or

(c) of members of the Council and employees of the city,

any of the executive or administrative powers exercisable by the Council.

1953-55-161.

Permits and delegation of authority to issue permits

161A.   (1) A regulatory by-law may provide for regulation by the use of permits and may do one or more of the following:

(a) fix a fee for a permit;

(b) provide for the effective period of a permit;

(c) establish terms and conditions of a permit;

(d) establish terms and conditions that must be met for obtaining, continuing to hold or renewing a permit;

(e) provide that terms and conditions for a permit may be imposed, the nature of the terms and conditions and who may impose them.

(2) Any official authorized by by-law to issue a permit may delegate that authority to any person under the official's control.

2009-22-78.

Suspension, revocation, etc., of permits

161B.   The Council may, by by-law, provide for the suspension, revocation, cancellation, or forfeiture, for cause, of any permit which may be granted in the exercise of its powers.

1963-60-3.

Departments and employees for city

162.   The Council

(a) may establish and equip such departments and offices as it may from time to time deem expedient in the exercise of its powers, and may assign such functions and duties to the persons employed in such departments and offices as the Council may from time to time decide;

(b) may provide for the appointment, suspension, and removal of such employees as may be considered necessary, and may fix their remuneration and hours of work, and shall require that their appointment, promotion, and change of status be based on merit and fitness.

1953-55-162; 1955-114-6; 1957-85-6.

To appoint a Board of Administration

162A.   The Council may by by-law provide for the appointment of a Board of Administration and may delegate to such Board any of the executive or administrative powers exercisable by the Council or any of the functions or duties by this Act specifically assigned to any officer or employee. The Council may by such by-law make provisions with respect to

(a) the persons who shall constitute the Board;

(b) the remuneration that shall be payable to the members of the Board. If the membership of the Board includes members of Council, the remuneration payable shall be in addition to the remuneration received as a member of Council and shall not disqualify such member from continuing to hold office as a member of Council;

(c) the matters coming within the jurisdiction of the Board;

(d) the procedure to be followed by the Board;

(e) such other matters as Council may deem fit.

1957-85-7.

Termination on one month's notice

163.   The engagement of every employee of the city engaged on a monthly or longer basis shall be subject to termination upon one month's notice in writing, but any employee may be dismissed without notice for good cause.

1953-55-163.

Provision for bonding

164.   So many of such employees as the Council may from time to time designate shall be bonded, for such obligation, in such amount, and with such surety as the Council directs. The premiums on such bonds shall be paid by the city.

1953-55-164.

Meeting procedures

164.1   (1) The Council must, by by-law, do the following:

(a) establish the procedures that are to be followed for the conduct of its business, including the manner by which resolutions may be passed and by-laws adopted;

(b) establish the procedures that are to be followed in conducting meetings of

(i) select and standing committees of Council, and

(ii) any other committee composed solely of Council members acting in that capacity;

(c) establish the time and place of regular meetings of Council;

(d) require advance public notice respecting the time, place and date of Council and committee meetings and establish the procedures for giving that notice.

(2) A by-law under this section must not be altered except by a by-law passed at a regular Council meeting in accordance with a notice in writing given and openly announced at an earlier regular meeting.

(3) If permitted under subsection (4), a Council meeting may be conducted by means of electronic or other communications facilities.

(4) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (3) and prescribing conditions, limits and requirements respecting such meetings.

1999-37-321.

By-laws respecting Council proceedings and other administrative matters

165.   The Council may by by-law provide for

Conduct at Council meetings

(a) the conduct of Council members at meetings of the Council and its committees;

Quorum

(b) the fixing of a quorum for meetings of committees of Council;

Notice of meetings

(c) the means and length of notice of such meetings to be given to their members;

Minutes

(d) the minutes or other records of the business transacted by the Council and its committees;

Delegation of powers

(e) the delegation to a head of a department of such powers of employing, suspending, or dismissing an employee in that department as the Council sees fit;

Other regulations

(f) such other regulations not inconsistent with this Act as may be considered expedient in furtherance of the business of the Council, or any committee thereof;

Destruction of documents

(g) the destruction of receipts, warrants, vouchers, instruments, certificates, cancelled debentures and coupons, documents, records, and papers, and the conditions under which they may be destroyed.

1955-55-165; 1966-69-7,8; 1993-54-65; 1999-37-322.

General rule that meetings must be open to the public

165.1   (1) A meeting of the Council must be open to the public, except as provided in sections 165.2 to 165.8.

(2) The Council must not vote on the reading or adoption of a by-law when its meeting is closed to the public.

1999-37-323; 2003-52-506.

Meetings that may or must be closed to the public

165.2   (1) A part of a Council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the city or another position appointed by the city;

(b) personal information about an identifiable individual who is being considered for an award or honour, or who has offered to provide a gift to the city on condition of anonymity;

(c) labour relations or other employee relations;

(d) the security of the property of the city;

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the city;

(f) law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;

(g) litigation or potential litigation affecting the city;

(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the city, other than a hearing to be conducted by the Council or a delegate of Council;

(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 [disclosure harmful to business interests of a third party] of the Freedom of Information and Protection of Privacy Act;

(k) negotiations and related discussions respecting the proposed provision of an activity, work or facility that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the city if they were held in public;

(l) a matter that, under another enactment, is such that the public may be excluded from the meeting;

(m) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2);

(n) the consideration of whether the authority under section 165.21 [other persons attending closed meetings] should be exercised in relation to a Council meeting.

(2) A part of a Council meeting must be closed to the public if the subject matter being considered relates to one or more of the following:

(a) a request under the Freedom of Information and Protection of Privacy Act, if the Council is designated as head of the local public body for the purposes of that Act in relation to the matter;

(b) the consideration of information received and held in confidence relating to negotiations between the city and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party;

(c) a matter that is being investigated under the Ombudsperson Act, of which the city has been notified under section 14 [ombudsperson to notify authority] of that Act;

(d) a matter that, under another enactment, is such that the public must be excluded from the meeting;

(e) a review of a proposed final performance audit report for the purpose of providing comments to the auditor general on the proposed report under section 23 (2) of the Auditor General for Local Government Act.

(3) If the only subject matter being considered at a Council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.

1999-37-323; 2003-52-506; 2009-21-5; 2012-5-40.

Other persons attending closed meetings

165.21   (1) If all or part of a meeting is closed to the public, the Council may allow one or more officers and employees to attend or exclude them from attending, as it considers appropriate.

(2) If all or part of a meeting is closed to the public, the Council may allow a person other than officers and employees to attend,

(a) in the case of a meeting that must be closed under section 165.2 (2), if the Council considers this necessary and the person

(i) already has knowledge of the confidential information, or

(ii) is a lawyer attending to provide legal advice in relation to the matter, and

(b) in other cases, if the Council considers this necessary.

2003-52-506.

Requirements respecting closed meetings

165.3   (1) Before holding a meeting or part of a meeting that is to be closed to the public, the Council must state, by resolution passed in a public meeting,

(a) the fact that the meeting or part is to be closed, and

(b) the basis under the applicable subsection of section 165.2 on which the meeting or part is to be closed.

(2) The minutes of a meeting or part of a meeting that is closed to the public must record the names of all persons in attendance.

1999-37-323; 2003-52-506.

Repealed

165.4   [Repealed 2003-52-506.]

Expulsion from meetings

165.5   (1) If the person presiding at a Council meeting considers that another person at the meeting is acting improperly, the person presiding may order that the person is expelled from the meeting.

(2) If a person who is expelled does not leave the meeting, a peace officer may enforce the order under subsection (1) as if it were a court order.

1999-37-323; 2003-52-506.

Repealed

165.6   [Repealed 2003-52-506.]

Application to other city bodies

165.7   Subject to the regulations under section 165.8, sections 165.1 to 165.5 apply to meetings of the following:

(a) a public auditorium or museum board or commission under section 204A;

(b) the Building Board of Appeal under section 306B;

(c) [Repealed 2012-29-51.]

(d) the Park Board under section 485;

(e) the Board of Variance under section 572;

(f) heritage commission under section 581;

(g) a Court of Revision under this Act;

(h) other administrative bodies;

(i) an advisory committee, or other advisory body, established by Council under this or another Act;

(j) a prescribed body.

2012-29-51; 2018-23-44.

Regulations respecting open meetings

165.8   The Lieutenant Governor in Council may make regulations to do one or more of the following:

(a) prescribing a body or class of body for the purposes of section 165.7 (j);

(b) in relation to section 165.7, excluding a specified body from the application of sections 165.1 to 165.5;

(c) modifying any of the provisions of sections 165.1 to 165.5 in relation to a body that is subject to those provisions under section 165.7.

1999-37-323; 2000-7-259; 2003-52-506.

Special vote

166.   The votes of not less than 2/3 of the members present shall be necessary to supersede a ruling of the presiding officer at a meeting of the Council, or to rescind a resolution passed by the Council in its current term.

1990-76-2.

How by-law to be completed

167.   Upon the final passing of a by-law, the City Clerk shall sign the same, the Mayor, or other member of the Council presiding at the time the by-law was finally passed, shall affix his signature, and thereupon the City Clerk shall affix the common seal of the city thereto.

1955-55-167.

Inspection by public of records

168.   A bona fide request for the inspection of any record or document of the city, subject to reasonable regulations as to the time and manner of such inspection, or for a copy thereof, shall be complied with, unless for good cause the Director of Finance otherwise directs. For furnishing copies, the city may make the same charge as is made by the official stenographer to the Supreme Court for the like service.

1953-55-168.

Execution of contracts

169.   Save as otherwise provided in this Act, instruments to which the common seal is required to be affixed shall be signed by the persons designated for the purpose by the Council, or, if no such designation is made, shall be signed by the Mayor and the City Clerk.

1953-55-169; 1970-54-11.

Signing of cheques

170.   Cheques shall be signed by such persons, or otherwise authenticated in such manner, as the Council shall determine.

1953-55-170.

By-law provable by production

171.   Any printed document purporting to be a by-law of the city, or a copy thereof, and to be printed by authority of the Council shall be admitted as prima facie evidence of such by-law in all Courts of the Province.

1953-55-171.

Taxes, etc., are a debt due the city

172.   Real property and other taxes, water rates, licence and other fees, and all costs, charges, and expenses imposed by or pursuant to this Act and payable by any person to the city shall, without prejudice to any other remedy, be a debt due to the city recoverable by action in any Court of competent jurisdiction.

1953-55-172.

Council may declare emergency

173.   Where the powers conferred on Council are inadequate to deal with an emergency the Council may, by by-law adopted by a vote of at least two-thirds of its members, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.

1984-32-4.

Repealed

174.   [Repealed 1994-22-16.]

Labour organizations — union labels, collective agreements

175.   (1) It shall be lawful for the Council in awarding any contract to stipulate that all or any part of the materials supplied thereunder shall bear the union label.

(2) It shall be lawful for the Council in making any collective agreement with employees of the city in respect of which the Council has jurisdiction, and who are represented by a labour organization as bargaining agent, to insert in such agreement a provision requiring, as a condition of continued employment, membership in such labour organization, or a preference of employment to members of such labour organization.

1953-55-175.

City may join employers' organization

175A.   The Council may, by a majority vote of all members of the Council, provide for the inclusion of the City in an employers' organization for the purpose of the Labour Relations Code.

1978-41-12; 1987-24-80, effective July 27, 1987 (B.C. Reg. 246/87); 1992-82-165.

Inquiry by barrister

176.   The Council may engage a barrister to investigate and report upon

(a) any alleged misfeasance, breach of trust, or other misconduct by

(i) any member of the Council;

(ii) any member of any other administrative body;

(iii) any employee of the city;

(iv) any person having a contract with the city

in regard to the duties or obligations of such member, employee, or person to the city;

(b) any matter connected with the good government of the city or the conduct of any part of its business, including any business conducted by any other administrative body.

1953-55-176.

Barrister's powers

177.   (1) The barrister engaged under section 176 must without delay make the investigation and report to the Council.

(2) For the purposes of an investigation and report, the barrister may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the barrister to answer questions on oath or affirmation, or in any other manner;

(b) produce for the barrister a record or thing in the person's possession or control.

(3) The barrister may apply to the court for an order

(a) directing a person to comply with an order made under subsection (2), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (2).

(4) The barrister may allow a person whose conduct is being investigated, and must allow a person against whom any charge is made in the course of an investigation, to be represented by counsel.

(5) A report must not be made against a person against whom any charge is made in the course of an investigation until the person

(a) has been given reasonable notice of the charge, and

(b) has been allowed full opportunity to be heard in person or by counsel.

2007-9-106.

Contempt proceeding for uncooperative person

177.1   The failure or refusal of a person subject to an order under section 177 (2) to do any of the following makes the person, on application to the court by the barrister, liable to be committed for contempt as if in breach of an order or judgment of the court:

(a) attend before the barrister;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

2007-9-106.

Barrister's fees

178.   The fees of the barrister and of any witness called by him or by the city shall be payable by the city.

1953-55-178.

Acquisition of parks, etc.

179.   The Council may acquire for the city such real property within or without the city as it thinks necessary for parks, playgrounds, pleasure-grounds, or recreational areas, and the Board of Parks and Recreation may from time to time make recommendations with respect thereto.

1953-55-179; 1956-70-3; 1978-41-13.

Indemnification of employees

180.   (1) In this section, "public service organization" shall mean a board or commission established pursuant to this Act, the Library Act or the Police Act, any society, association or other organization providing a public service within the city at the request of or with the consent of the council, and any member, director, employee or volunteer of such board, commission, society, association or organization.

(2) The council may, by a vote of not less than 2/3 of all members, provide for the payment of a sum required for the protection, defence or indemnification of an officer or employee of the city, a member of its council or any public service organization together with costs necessarily incurred and damages recovered where an action or prosecution is brought against him in connection with the performance of his duties, or where an inquiry under the Public Inquiry Act or other proceeding involves the administration of a department of the city or the conduct of a part of the civic business. The council shall not pay a fine imposed on an officer or employee on his conviction for a criminal offence.

(3) A resolution under subsection (2) is not invalid by reason only that a member of a council who would be entitled to payment under the resolution voted on it.

(4) The council may by by-law provide that the city will, to the extent therein set out, indemnify its officers and employees, members of its council or any public service organization against a claim for damages against an officer or employee, members of its council or public service organizations or any of them arising out of the performance of his or its duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim.

(5) The council may in a by-law under subsection (4) provide that the city will not seek indemnity against a public service organization in respect of an action that results in a claim for damages against the city by a third party unless the public service organization has been grossly negligent or has failed to comply with terms established governing the provisions of a public service.

(6) The council shall not seek indemnity against an officer, employee or member of council in respect of any action of the officer, employee or member that results in a claim for damages against the city, unless the claim arises out of the gross negligence of the officer, employee or member or where, in relation to the action that gives rise to the claim, the officer, employee or member wilfully acted contrary to

(a) the terms of his employment, or

(b) an order of a superior.

(7) Nothing in this section restricts the right of council to enter into a contract for the provision of property, goods or services which contains an obligation that council indemnify the provider of the property, goods or services for liability imposed on it arising from the provision of the property, goods or services.

1987-52-17; 1997-25-166; B.C. Reg. 337/2006; 2007-9-41.

Metric regulations

181.   The Lieutenant-Governor in Council may, by order, authorize the substituting of metric measure for measurement provisions in this Act on the basis in each case either of the numeric equivalent or of a rationalization of the measurement for practical use.

1976-32-23A, proclaimed effective July 8, 1976.

Repealed

182.   [Repealed 1987-52-18.]

Repealed

183.   [Repealed 1982-25-4.1.]

Questions may be submitted for the opinion of the electors

184.   The Council, for its own information, may submit for the opinion of the electors any question with which the Council has or desires to have the power to deal.

1993-54-66.

Council to provide for upkeep of city property

185.   (1) The Council may from time to time make the necessary expenditures for the maintenance, upkeep, conservation, repair and improvement of any property of the city.

(2) In addition to the proprietary rights of the city to control the use of its property, the Council may, by by-law, regulate the use of, or access to, any land owned or leased to the city.

1953-55-185; 1992-57-3; 1994-43-86.

Power to watch legislation

186.   Where it is satisfied that any proposed Dominion or Provincial legislation affecting the city should be watched, promoted, or opposed, the Council may provide for such watching, promotion, or opposition, and may defray the expenses incurred in relation thereto.

1953-55-186.

City may be represented before Boards, etc.

187.   Where it is satisfied that the interests of the city are concerned in any proceeding, inquiry, or hearing by any Board or Commission appointed under any Dominion or Provincial Statute, the Council may provide for the representation of the city thereat, and may defray the expenses incurred in relation thereto.

1953-55-187.

Intermunicipal bridges

188.   The Council may provide for joining with another municipality in the construction and maintenance of streets, bridges, tunnels, or other public works which are partly in the city and partly in such other municipality, or which are used by the city in connection with real property in another municipality acquired under any of the city's powers.

1953-55-188.

Good rule and government

189.   The Council may provide for the good rule and government of the city.

1953-55-189.

Council acquisition and disposal of property

190.   (1) The Council may provide

(a) for acquiring such real property (within or without the city) and personal property as may be required for the purposes of the city;

(b) for disposing of any real or personal property of the city by sale, conveyance, lease, or licence when in the opinion of the Council such property is not required by the city, upon such terms and conditions as may be deemed expedient, and to accept in payment either money or other property; provided, however, that no parcel of real property which exceeds four hundred thousand dollars in value shall be sold to any person other than Her Majesty in her right of Canada or the Province, or any agency of the Crown, except by the affirmative vote of two-thirds of all the members of Council.

(2) Notwithstanding anything in this Act, the city may enter into agreements with the Government of Canada or its authorized representative and others, on terms and conditions the Council considers advisable, for the acquisition, leasing, use and development of that parcel of land within the City of Vancouver described as Block 56, District Lot 541, Plan 15375.

(3) In relation to the parcel referred to in subsection (2),

(a) the city may borrow amounts necessary for the purposes of acquiring, leasing, using and developing the parcel, including for the purposes of constructing improvements on the parcel;

(b) for the purpose of securing the repayment of amounts borrowed under paragraph (a) and any other amounts payable related to the acquisition, leasing, use and development of the parcel, the city may mortgage, assign or otherwise charge

(i) any interest it has in the parcel,

(ii) any interest or lease in the parcel that it has granted, and

(iii) any monies payable to the city under a lease or other interest in the parcel that it has granted.

1953-55-190; 1955-114-7; 1958-72-13; 1966-69-9, effective January 1, 1964; 1969-45-11; 1977-30-147, proclaimed effective September 30, 1977; 1984-32-7; 1992-57-4.

Financing in relation to Southeast False Creek development

190.1   (1) In this section:

"development area" means that area of the city bounded on the north by False Creek, on the south by the southerly boundary of 1st Avenue, on the east by the easterly boundary of Ontario Street and that boundary's northerly production to False Creek, and on the west by the westerly boundary of Columbia Street and that boundary's northerly production to False Creek;

"development project" includes the acquisition, disposition, development, use or construction of property in the development area and of personal property related to any of these.

(2) Despite any other provision of this Act, the city may, for purposes of financing of, or financing arising in relation to, the development project, on terms and conditions the Council considers necessary or advisable, do any or all of the following:

(a) incur liabilities, including by contracting debts by borrowing or otherwise under section 236 (1) [borrowing by-laws];

(b) provide financial assistance, including by lending money;

(c) grant security by way of mortgage or other charge on, or security interest in, property that is within the development area or that is identified by resolution of the Council as property associated with the development project;

(d) take security by way of mortgage or other charge on, or security interest in, any property;

(e) take assignment of a loan as lender, or assignment of another right or interest in relation to a liability, including any related security;

(f) assign or otherwise dispose of a right or interest, or security, taken under paragraph (d) or (e).

2009-1-1.

Power to buy and sell commodities

191.   The Council shall have power with the vote of not less than two-thirds of all its members and for the period of an actual emergency to provide that the city may buy and sell to the public gasoline, coal, wood, oil, and other fuel, and milk, fish, meat, and other foodstuffs, and may acquire and develop the necessary real property for the purpose.

1953-55-191.

City may enter into agreements pursuant to Statutes

192.   The Council shall have power to make the city a party

(a) to any agreement to which under the terms of any Act of the Dominion or the Province it is contemplated that municipalities may be parties and which the Council deems will be for the benefit of the city, including an agreement to borrow money in any case where the Act of the Dominion or Province authorizes or provides for the lending of money to municipalities;

(b) to any agreement with Her Majesty in her right of Canada or the Province, or any of her duly authorized agents, with respect to the construction, improvement, and maintenance of any private roads or ways, sewers, water-mains, poles, wires, pipes, conduits, or other utilities, installations, or equipment at any time situate on, over, or under the surface of any real property in the city in which Her Majesty aforesaid has any interest, and for contributing in whole or in part towards the cost thereof; provided that the entering into any such agreement or the expenditure of any money by the city hereunder shall not of itself constitute any road or way aforesaid a public street or highway or be deemed to be evidence of dedication or acceptance of the same as such.

1953-55-192; 1974-104-48.

Joint exercise of powers with other municipalities

192.1   (1) The city may join with another municipality to exercise a power conferred on the city by this Act.

(2) An agreement under this section is not valid until ratified by a by-law adopted by each council.

(3) For the purpose of this section, the powers of the city extend beyond the boundaries of the city.

2003-52-507.

Power to undertake housing development

193.   The Council may acquire real property and, by removing or remodelling the buildings thereon, or by constructing dwellings thereon, develop such real property for the purpose of providing housing accommodation for such persons and on such terms as the Council shall think fit, and may maintain, improve, manage, and operate such housing accommodation, and may delegate to a board or commission appointed by the Council all or any of the powers of the Council under this section.

1953-55-193.

Power to acquire property for commercial or industrial development

193A.   The Council may acquire real property for the purpose of providing sites for commercial or industrial development, and for that purpose may

(a) demolish any building situate thereon;

(b) subdivide or resubdivide the said property;

(c) provide such services, including roads, water, and sewers, as may be deemed necessary or beneficial;

(d) construct such buildings or other improvements on the said property as in the opinion of the Council may be deemed advantageous;

(e) notwithstanding the provisions of section 190, hold, lease, sell, or otherwise dispose of such property on terms deemed advisable by Council without obtaining the assent of the electors; provided, however, that any lease in excess of thirty years shall contain a provision for revision of the annual rental at intervals not greater than ten years.

1954-65-2; 1964-72-3.

Power to acquire property for improvement or rehabilitation

193B.   The city may acquire real property for the purpose of furthering any plan for the improvement or rehabilitation of areas which in the opinion of the Council have become or are tending to become blighted or substandard areas.

1959-107-14.

Power to achieve heritage purposes

193C.   The Council may engage in activities or expend money for one or more of the following purposes:

(a) to acquire, conserve and develop heritage property and other heritage resources;

(b) to gain knowledge about the city's history and heritage;

(c) to increase public awareness, understanding and appreciation of the city's history and heritage;

(d) for any other activities that it considers necessary or desirable with respect to the conservation of the heritage property and other heritage resources.

1994-43-87.

Single room accommodation permits

193D.   (1) In this section:

"conversion" means conversion as defined under subsection (3) (d);

"delegate" means a delegate under subsection (3) (k);

"demolition" means demolition as defined under subsection (3) (d);

"permit" means a permit required under subsection (3) (e);

"low cost accommodation" means accommodation that is generally affordable to persons who reside in single room accommodation;

"single room accommodation" means property designated as single room accommodation under subsection (3) (b).

(2) The Council may, by by-law, regulate the conversion and demolition of single room accommodation.

(3) Without limiting subsection (2), a by-law under this section may do one or more of the following:

(a) apply to all or part of the city, as specified in the by-law;

(b) designate, by specific designation or description, all, part or proportions of buildings as single room accommodation for the purposes of the by-law;

(c) require that, in each building that has been subject to a designation under the by-law, a notice of the designation be posted, with the content and in the manner specified in the by-law;

(d) define for the purposes of the by-law

(i) what change in the form of occupancy of single room accommodation or other changes constitutes conversion, and

(ii) what constitutes demolition of single room accommodation;

(e) prohibit a person from undertaking the conversion or demolition of single room accommodation without first having obtained a permit under this section approving that conversion or demolition;

(f) provide that a permit may be limited in time;

(g) establish application fees for permits, which may be different for different values, types and extent of conversion or demolition;

(h) establish amounts that may be required under subsection (5) (d), which may be different for types or extent of conversion or demolition;

(i) establish conditions for the purposes of subsection (5) (g);

(j) provide that contravention of a condition specified under subsection (5) constitutes a violation of the applicable by-law under this section and renders the permit holder liable to the penalties which may be provided in the by-law;

(k) delegate to the Director of Planning, to any other official of the city designated in the by-law or to any board composed of officials of the city, the powers and duties of Council under this section in relation to the approval or refusal of permits;

(l) provide for the reconsideration by Council, or a committee of Council, of a decision of a delegate under this section and establish the bases and procedures for such a reconsideration;

(m) establish exemptions from the by-law for classes of buildings and classes of persons.

(4) Before adopting a by-law under this section, the Council must

(a) publish, in accordance with section 3, notice of Council's intention to adopt the by-law, including identification of the property to be designated as single room accommodation by the by-law, and

(b) provide an opportunity for persons to make their views respecting the by-law known to the Council.

(5) The Council or delegate may specify one or more of the following as conditions of a permit or of approving a permit:

(a) that alternate accommodation, not designated under subsection (3) (b) as single room accommodation at the time of the permit application, be provided in the same area at a similar rent;

(b) that comparable or better accommodation, either in accommodation required under paragraph (a) or in other accommodation at a similar rent in the same area, be made available to the tenants being displaced by the conversion or demolition;

(c) that the applicant enter into a housing agreement under section 565.2;

(d) that an amount specified under subsection (3) (h) be paid to the city for deposit into a reserve fund for the provision of accommodation to replace the accommodation that is to be converted or demolished under the permit;

(e) that the conversion or demolition be in accordance with the sequence and timing specified in the permit;

(f) that the applicant provide a specified amount of security, in a form satisfactory to the Council or delegate, to guarantee the performance of the other conditions of the permit;

(g) other conditions specified by by-law under subsection (3) (i);

(h) other conditions that the Council or delegate considers will encourage the supply of low cost accommodation.

(6) In determining whether to approve a permit, the Council or delegate must consider all of the following:

(a) the accommodation that will be available to the tenants affected by the conversion or demolition;

(b) the supply of low cost accommodation in the part of the city to which the by-law applies and in other parts of the city;

(c) the condition of the building that is the subject of the permit;

(d) the need to replace or improve, over time, single room accommodation in the city.

(7) In determining whether to approve a permit, the Council or delegate may also consider any other matters that the Council or delegate considers relevant.

(8) Money paid under subsection (5) (d) must be deposited into a reserve fund referred to in that subsection and may only be used for the purpose referred to in that subsection.

(9) Section 598 (3) to (7) applies in relation to security required under subsection (5) (f) of this section.

(10) If a permit is approved under this section in relation to a demolition, a development permit under section 565A for the same demolition may not be refused on the basis of a matter considered in making the decision under this section.

(11) A designation as single room accommodation may apply to property that, in the opinion of Council, could have been designated as single room accommodation on July 11, 1997 if the Council had had the authority to make that designation on that date.

(12) Section 569 (1) applies in relation to the exercise of any power or duty under this section by the Council or a delegate, or by any inspector, official or board of the city.

1997-44-1; 2010-6-127.

Daylight saving

194.   Subject to section 26 of the Interpretation Act, the Council may prescribe a period in each year for which the time for general purposes in the city shall be seven hours behind Greenwich Mean Time, and make regulations varying the reckoning of Pacific Standard Time as defined in section 26 (1) of the Interpretation Act, and prescribe the period in each year in which the regulations so made shall be in force.

1953-55-194; 1997-25-167; 2018-5-16.

Insurance may be contracted for

195.   (1) The Council may contract for insurance against risks that may involve pecuniary loss or liability on the part of the city, and to pay the premiums therefor, or to provide for the establishment, maintenance, and investment of a special fund to meet such loss or liability, or any part thereof, instead of contracting for insurance against it.

(2) The council may contract for insurance or provide for the establishment and maintenance of a special fund to meet any obligation undertaken pursuant to section 180 (4).

(3) Without limiting the authority of the city to otherwise determine terms of employment for employees and officers, the Council may enter into agreements for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies, and may provide all or part of a premium required by such an agreement.

(4) Without limiting section 196, the Council may enter into agreements for benefits for Council members and their dependants, including medical and dental services and insurance policies.

(5) Council may provide all or part of a premium required by an agreement under subsection (4) for accident insurance coverage for Council members on city business.

(6) Other than a premium referred to in subsection (5), the Council must not provide all or part of the premium required by an agreement under subsection (4).

1953-55-195; 1987-52-19; 1993-59-45.

Employee and officer expenses

195A.   Without limiting the authority of the city to otherwise determine terms of employment, the Council may provide for one or more of the following payments:

(a) all or part of the expenditures made or expenses incurred by an officer or employee when the officer or employee is

(i) representing the city,

(ii) engaging in city business, or

(iii) attending a meeting, course or convention;

(b) an allowance, daily or otherwise, for expenses incurred by an employee or officer when performing activities referred to in paragraph (a) (i) to (iii), if those expenses are not covered under that paragraph.

1993-59-46.

Council members' remuneration and expenses

196.   (1) The Council may, by by-law, provide for one or more of the following payments:

(a) remuneration to Council members for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those duties other than expenses covered under paragraph (b) or (c);

(b) all or part of the expenditures made or expenses incurred by a Council member when the Council member is

(i) representing the city,

(ii) engaging in city business, or

(iii) attending a meeting, course or convention;

(c) an allowance, daily or otherwise, for expenses incurred by a Council member when performing the activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.

(2) A by-law under subsection (1) (b) or (c) must specify

(a) the types of expenses and expenditures that may qualify for payment, and

(b) the levels at which payment may be made.

(3) A by-law under subsection (1) may do one or more of the following:

(a) provide greater remuneration for the Mayor, Deputy Mayor and Acting Mayor than for other Council members;

(b) limit the types of activities that may qualify for payment under subsection (1) (b) or (c);

(c) set different levels for different types of expenses and expenditures.

1993-59-47.

Reporting of remuneration and expenses

196A.   (1) At least once a year, the Council must have prepared a report separately listing for each Council member by name

(a) the total amount of remuneration paid to the Council member under section 196 (1) (a), including any amount specified as an expense allowance,

(b) the total amount of expense payments for the Council member made under section 196 (1) (b) and (c), and

(c) any contracts reported under section 145.9 [disclosure of contracts with Council members and former Council members], including a general description of their nature.

(1.1) If applicable, the report under this section must also list contracts referred to in subsection (1) (c) for each former Council member.

(2) The report under subsection (1) must be considered by the Council at least once a year at a Council meeting that is open to the public and a copy of the report must be available for public inspection at the City Hall during its regular office hours from the date when it is considered by the Council until one year after that date.

(3) On payment of the applicable fee set under subsection (4), a person may obtain from the City Clerk copies or excerpts, as requested, of a report under subsection (1).

(4) The Council may, by by-law, set fees for the purpose of subsection (3).

1993-59-47; 2003-52-508.

By-laws may be revised

197.   The Council may, as occasion requires, provide for the revision and consolidation of the by-laws of the city or any of them.

1953-55-197.

Provision for civic holiday

198.   The Council may from time to time, by resolution, appoint a day as a civic holiday, and the Mayor may thereupon make proclamation accordingly.

1953-55-198.

Added powers of Council

199.   The Council, in addition to the powers specifically allotted to it, shall have power to do all such things as are incidental or conducive to the exercise of the allotted powers.

1953-55-199.

Expenditures to be kept within estimates

200.   (1) Except with the consent of the Lieutenant-Governor in Council, the Council shall not wilfully permit the total expenditures made in any year to exceed the amount allocated therefor in the estimates as adopted, but the Council may, except with respect to money allocated for

(a) interest on debentures;

(b) payments to sinking fund;

(c) instalments of principal in respect of debentures;

(d) amounts required for school purposes,

authorize the expenditure for some other lawful purpose of money allocated in such estimates for a specific purpose; provided that if during any year it becomes apparent that revenue will exceed the estimated amount, the Council may authorize the expenditure of such excess for any lawful purpose.

(2) The Council may authorize the expenditure for any lawful purpose of any balance carried forward from a previous year.

 1953-55-200; 2002-22-26.

Investment of city funds

201.   (1) Money held by the city that is not immediately required may be invested or reinvested by the Council in one or more of the following:

(a) securities of Canada or of a province;

(b) securities guaranteed for principal and interest by Canada or by a province;

(c) securities of a municipality, including the city, or a regional district;

(d) securities of the Greater Vancouver Water District or the Greater Vancouver Sewerage and Drainage District;

(e) securities of the Municipal Finance Authority;

(f) securities of or investments guaranteed by a chartered bank;

(g) deposits in a savings institution, or non-equity or membership shares of a credit union;

(h) pooled investment funds under section 16 of the Municipal Finance Authority Act;

(i) any of the investments permitted for the Municipal Finance Authority under section 16 (3) of the Municipal Finance Authority Act, including pooled investment portfolios under the Financial Administration Act.

(2) Section 16 (4) of the Municipal Finance Authority Act applies for the purposes of subsection (1) (i) of this section.

2002-22-27.

Property acquisition fund

201A.   (1) The Council may establish and maintain a property acquisition fund to be used to purchase any real or personal property that the City is authorized to acquire.

(2) The Council may, before or after the submission to the electors of a by-law or question authorizing the borrowing of monies for the acquisition of real or personal property for a designated purpose or purposes, purchase said property with monies from the property acquisition fund.

(3) At such time as a by-law or question is approved by the electors authorizing borrowing for the acquisition of properties purchased as provided in subsection (2) and monies are borrowed pursuant to such authorization, the monies so borrowed shall, subject to the powers of Council contained in section 244, be paid into the property acquisition fund.

1978-41-16.

Expenditures prior to adoption of estimates

202.   In any year, before the estimates are adopted, the Council may nevertheless authorize such expenditures as are necessary to carry on the business of the city, but such expenditures shall in no case exceed the amounts expended in the previous year for the like purposes, save where not less than two-thirds of all the members of the Council concur in such excess expenditure.

1953-55-202.

Social planning

202A.   The Council may provide for social planning to be undertaken, including research, analysis and coordination relating to social needs, social well-being and social development in the city.

1994-52-159.

Powers of Council re businesses, trades, etc.

203.   Where and to the extent that the Council is authorized to regulate, license, or tax persons carrying on a business, trade, profession, or other occupation, it shall have the power to

(a) divide and subdivide such businesses, trades, professions, or other occupations into as many groups or classes as it sees fit, having regard to the number of persons engaged therein, the extent of the accommodation offered to the public, or on such other basis as the Council may think expedient;

(b) differentiate and discriminate between groups or classes both as to the amount of any licence fee or tax to be paid and the terms and conditions under which any group or class may or may not carry on the business, trade, profession, or other occupation;

(c) define any business, trade, profession, or other occupation;

(d) prohibit, but only by the unanimous vote of the members present.

1953-55-203.

Authorized expenditures

204.   The Council may provide for the expenditure of money for

Recognition of guests

(a) the reception, entertainment, or other suitable recognition of guests or persons of importance whom the Council deems worthy thereof;

Celebrations

(b) the celebration of any anniversary or other patriotic event deemed by the Council to be desirable;

Disaster relief

(c) the relief of persons suffering from disaster, whether within or without the city, in cases where the Council deems such persons deserving of special assistance;

(d) and (e) [Repealed 1993-59-48.]

Rewards may be offered

(f) paying rewards offered by the Council to any person who furnishes information resulting in the conviction of any person guilty of any offence against any Statute of Canada or the Province or any by-law of the city;

Training to meet emergencies arising out of war, etc.

(g) aiding in the training and equipment of persons organized to deal with extraordinary emergencies arising out of actual or threatened war, civil disturbance, pestilence, general conflagration, earthquake, or other major disaster;

Awards to employees

(h) awarding medals or rewards to employees of the city who distinguish themselves in or about the course of their employment;

Heritage recognition

(h.1) recognizing the heritage value or heritage character of a property or area by making awards to the owner of such property or by installing, with the consent of the owner, plaques or other markers on or near the property;

Civic periodical authorized

(i) the production of a periodical or other publication containing such information as shall be deemed by the Council to be of advantage to the city;

Acquisition of property for public purposes

(j) acquiring real property for and establishing thereon and equipping, improving, maintaining, and providing for the management of

(i) public libraries;

(ii) public art galleries;

(iii) public museums;

(iv) civic office buildings, workshops, and yards;

(v) public auditoriums;

(vi) public schools;

(vi.1) heritage property or land necessary for the conservation of heritage property;

(vii) Juvenile Courts and detention homes;

(viii) recreational centres;

(ix) any other buildings or premises required for municipal purposes;

(k) the payment of out-of-pocket expenses incurred by any member of a board, commission, or other administrative body in the performance of his duties.

1953-55-204; 1970-54-12; 1993-59-48; 1994-43-88.

Operation of public auditorium or museum

204A.   The Council may provide for the appointment of a board or commission, and may delegate to such board or commission such powers as may be deemed reasonable and necessary for the efficient operation and management of any public auditorium or public museum established pursuant to the provisions of section 204.

1956-70-6; 1959-107-15.

Freedom of the city may be bestowed

205.   By unanimous vote of the members present, the Council may bestow the freedom of the city upon any person considered to merit such distinction, and thereafter such person shall, so long as the bestowal remains unrevoked, be entitled to be called a Freeman of the City of Vancouver.

1953-55-205.

Council may make grants and provide assistance

206.   (1) The Council may, by resolution passed by not less than two-thirds of all its members, provide for the making of money grants to

Charity

(a) any charitable institution;

Animal society, etc.

(b) any animal or poultry society or association;

Preventing cruelty to animals

(c) The British Columbia Society for the Prevention of Cruelty to Animals;

Archives

(d) the Archives of Vancouver;

Bands, orchestras, etc.

(e) any society or association promoting the production of music, whether by bands, orchestras, or otherwise;

Hospital

(f) the Vancouver General Hospital or any other hospital which in the opinion of Council provides similar services;

Assisting conventions in the city

(g) any organization proposing to hold a convention or meeting in the city which in the opinion of the Council will tend to the advantage of the city;

Athletic sports, etc.

(h) any society or association organizing or taking part in any public exhibition, game, or contest involving athletic sport, wherever held, which in the opinion of the Council will tend to the advantage of the city;

Association of municipalities

(i) any association comprised of municipalities which the Council deems it is in the interest of the city to belong to or assist;

Welfare organizations

(j) any organization deemed by the Council to be contributing to the culture, beautification, health, or welfare of the city;

Municipal ferries

(k) a municipality which operates a ferry from a wharf within the city to a wharf within that municipality.

(2) The Council may, by a vote of at least 2/3 of the votes cast and subject to any terms and conditions the Council considers appropriate, provide financial and other assistance for the conservation of property that is

(a) protected heritage property, or

(b) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.

1953-55-206; 1963-60-4; 1994-43-89; 1997-25-168.

Sunday sport

206A.   (1) Notwithstanding anything contained in the Sunday Observance Act or in any other Statute or law of the Province, where a by-law passed under subsection (2) hereof is in force and subject to its provisions, it shall be lawful for any person between one and ten o'clock in the afternoon of the Lord's Day, commonly called Sunday, to provide for or engage in any public game or sport for gain, or for any prize or reward, or to be present at any performance of such public game or sport at which any fee is charged, directly or indirectly, either for admission to such performance, or to any place within which the same is provided, or for any service or privilege thereat, that is specified in such by-law and which but for this section would be unlawful under section 6 of The Lord's Day Act (Canada), or to do or engage any other person to do any work, business, or labour in connection with any such public game or sport which but for this section would be unlawful under section 4 of The Lord's Day Act (Canada).

(2)

(a) The Council may pass a by-law declaring subsection (1) to be in force throughout the city or in such part or parts thereof as may be specified in the by-law, and upon such by-law coming into force, subsection (1) shall apply throughout the city or in such specified part or parts, as the case may be.

(b) The application of subsection (1) shall be limited to such public games or sports as are specified in the by-law.

(c) [Repealed 1980-38-18, proclaimed effective August 28, 1980.]

(d) Where subsection (1) applies in specified parts of the city, the limitation authorized by clause (b) hereof may differ in different parts.

(e) The by-law may reduce the period of time between half past one and six o'clock mentioned in subsection (1).

(f) The by-law shall provide for the regulation and control of the public games and sports specified in it and may provide for the regulation and control of any matter or thing in connection with such public games and sports.

(g)

(i) No by-law passed under this section shall be repealed until the following question has been submitted to the electors, and a majority of affirmative votes obtained: "Are you in favour of the repeal of the by-law passed under the authority of the Vancouver Charter that regulates public games and sports for gain on the Lord's Day?"

(ii) The Council may submit the question set out above to the electors.

(iii) Upon the presentation of a petition requesting that the by-law passed under this section be repealed, signed by at least ten per centum of the electors of the municipality, the Council shall submit to the electors the question set out in subclause (i).

(h) Any petition mentioned in clause (g) (iii) above shall be deemed to be presented when it is lodged with the City Clerk, and the sufficiency of the petition shall be determined by him, and his certificate as to its sufficiency shall be conclusive for all purposes; provided, however, that a petition that is lodged with the City Clerk in the months of November or December shall be deemed to be presented in the month of February next following.

Proclaimed for June 18th, 1958, by O. in C. No. 1465/58

(3) This section shall come into force on a day proclaimed by the Lieutenant-Governor in Council in his Proclamation.

1958-72-14; 1978-41-17; 1980-38-18, proclaimed effective August 28, 1980; 1993-54-67.

Further relief from provisions of Lord's Day Act (Canada)

206B.   (1) Notwithstanding anything contained in any other Statute or law of the Province, where a by-law passed under subsection (2) is in force and subject to its provisions, it shall be lawful for any person after half past one in the afternoon of the Lord's Day, commonly called Sunday, or during such period or periods of time after half past one in the afternoon of the Lord's Day as are specified in the by-law, to provide for, engage in, or be present at any exhibition of motion pictures or any theatrical performance, concert, lecture, or any other exhibition or performance at which any fee is charged for admission to such exhibition, performance, concert, lecture, or other exhibition or performance and which, but for this section, would be unlawful under section 6 of the Lord's Day Act (Canada); or to do or engage any other person to do any work, business, or labour in connection with any such exhibition of motion pictures, theatrical performance, concert, lecture, or other exhibition or performance, as the case may be, which, but for this section, would be unlawful under section 4 of the Lord's Day Act (Canada).

(2) The Council may pass a by-law declaring subsection (1) to be in force throughout the city or in such part or parts thereof as may be specified in the by-law, and upon such by-law coming into force, subsection (1) shall apply throughout the city or in such specified part or parts, as the case may be.

(3) The by-law may specify and differentiate between different types of exhibitions of motion pictures, theatrical performances, concerts, lectures, or other exhibitions or performances, and may permit some and prohibit others.

1963-60-5.

Pensions for Council members

206C.   The Council may, subject to the approval of the Lieutenant-Governor in Council, by by-law, provide for a pension for any member of Council.

2018-23-45.

Repealed

206D.   [Repealed 2018-23-46.]

Part IV — Duties of Mayor, Director of Finance, City Clerk, City Treasurer, and Auditors

Mayor

Status of Mayor

207.   (1) The Mayor shall be the chief executive officer of the city and the president of the Council.

(2) Notwithstanding any other provision of this Act, the Council may, from time to time, with the concurrence of the Mayor, appoint a Councillor to be Deputy Mayor of the city, and may confer upon him such of the powers and duties by this Act vested in the Mayor as the Council shall think fit.

1953-55-207; 1992-57-1; 1993-59-49; 1993-74-1.

Responsibilities of Mayor

208.   The Mayor shall

To enforce law for government of city

(a) be vigilant and active at all times in causing the law for the government of the city to be duly enforced and obeyed;

To make recommendations to Council

(b) recommend to the Council such measures as he shall deem expedient;

Oversee employees' conduct

(c) oversee and inspect the conduct of all employees of the city under the jurisdiction of the Council, and, so far as he can, cause all negligence or misconduct by any such employee to be punished;

Power to suspend

(d) suspend from his employment, if he thinks necessary, any such employee. The Mayor shall forthwith give notice in writing of such suspension

(i) to the Director of Finance; and

(ii) to the City Clerk, who shall inform the Council at its next regular meeting.

The suspension shall continue until the Council either

(i) reinstates the employee; or

(ii) dismisses the employee.

In every case the suspension shall be without pay, unless the Council otherwise directs.

1953-55-208; 1965-68-29.

Acting-Mayor

209.   If at any time the Mayor is absent, or signifies his intention of being absent, from his duties through illness, departure from the city, or other cause, or his seat is vacated, the Council may appoint a Councillor to be Acting-Mayor. In the absence of the Mayor, the Acting-Mayor shall, during the period for which he is appointed, have all the powers and duties of the Mayor; provided, however, that the Acting-Mayor shall not take the place of the Mayor as Chairman of the Board of Administration unless the councillor member of the Board is absent from the city or otherwise unable to act as Chairman of the Board.

1953-55-209; 1960-80-15; 1992-57-1; 1993-74-1.

Director of Finance

Director of Finance

210.   There shall be a Director of Finance appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe.

1953-55-210; 1965-68-29.

Duty to advise Council

211.   The Director of Finance may, whenever he thinks fit, and shall, whenever required by the Council so to do, advise the Council on the financial position of the city or any phase thereof and make recommendations with respect to the administration, co-ordination, and efficiency of the city's affairs and the systems under which they are carried on.

1953-55-211; 1965-68-29.

Director of Finance responsibilities

212.   The Director of Finance shall exercise a general control and supervision

(a) over the collection and application of the revenues of the city of every description, and over the lawful expenditure thereof;

(b) over the sale, realization, and redemption of debentures of the city, and over the sinking funds of the city;

(c) [Repealed 1985-89-2.]

(d) over all other financial affairs of the city.

1953-55-212; 1965-68-29; 1985-89-2.

How money disbursed

213.   No money shall be disbursed by the city except on the warrant of the Director of Finance, to be drawn upon the Treasurer, specifying the fund out of which payment is to be made. Such warrant need not be signed by the Director of Finance if it is initialled by him, or by some person authorized by him for the purpose.

1953-55-213; 1958-72-15; 1965-68-29.

Examination of accounts before warrant issued

214.   It shall be the duty of the Director of Finance to cause all accounts and claims against the city to be examined and verified before he draws a warrant for their payment.

1953-55-214; 1965-68-29.

Council to authorize disbursements

215.   With the exception of small amounts necessary, in the opinion of the Director of Finance, to meet an emergency, he shall not draw his warrant for payment unless such payment has been authorized by the Council.

1953-55-215; 1965-68-29.

Provision for advance authorization

216.   The Council may, for periods of not more than twelve months at a time, give the authorization referred to in section 215 in advance, but every warrant for a payment so authorized in advance shall be reported in writing by the Director of Finance to the City Clerk, for the information of the Council, within fifteen days after the end of the month in which the warrant is drawn.

1953-55-216; 1965-68-29.

Deduction where payee indebted to city

217.   In drawing a warrant in favour of any person indebted to the city, or the assignee of such person, the Director of Finance may require the deduction of the amount of such person's indebtedness to the city.

1953-55-217; 1965-68-29.

Fund to be adequate

218.   No warrant for payment shall be drawn unless there is sufficient money in the fund out of which the payment is to be made to meet the warrant.

1953-55-218.

Director of Finance to report on revenue and expenditure

219.   (1) As soon as practicable in each year and in any event by April 30, the Director of Finance must prepare and submit to the Council a report setting out the Director of Finance's estimates in detail of the anticipated revenues and expenditures of the city for that year.

(2) In the report under subsection (1), or in another report or reports submitted to the Council by April 30, the Director of Finance must set out objectives and policies for that year in relation to the following:

(a) for each revenue source identified under subsection (1), the proportion of total revenue that is proposed to come from that revenue source;

(b) the distribution of rates of levy among the property classes that may be subject to taxes under section 373 [annual rating by-law];

(c) the use of tax exemptions under sections 396A [exemptions for heritage property], 396C [exemptions for riparian property], 396E [revitalization tax exemptions] and 396F [exemptions for not for profit property].

2007-24-46; 2010-21-37.

City Clerk

City Clerk

220.   There shall be a City Clerk appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe.

1953-55-220.

Making and custody of records

221.   The City Clerk must ensure that an accurate record of all resolutions, transactions, and other business and proceedings of the Council and its committees are prepared, and must safely preserve and keep custody of all such records.

1953-55-221; 2003-52-509.

And of by-laws

222.   He shall have the custody of all by-laws from the time they are introduced, and, having seen to their proper completion, he shall preserve and keep the originals thereof.

1953-55-222.

To attend meetings

223.   He, or someone authorized by him, shall be available to attend all meetings of the Council and its committees in a secretarial capacity.

1953-55-223.

Proof of documents in Court

224.   A copy of any record, book, or document in the possession or under the control of the City Clerk purporting to be certified under his hand and seal of the city may be filed and used in any Court in lieu of the original, and shall be received in evidence without proof of the seal or the signature or official character of the person appearing to have signed the same, and without further proof, unless the Court otherwise directs.

1953-55-224.

Seal in custody of City Clerk

225.   He shall have the custody of the common seal of the city, and shall cause it to be affixed as required.

1953-55-225.

City Treasurer

City Treasurer

226.   There shall be a City Treasurer appointed by the Council who shall have such duties and powers in addition to those provided by this or any other Act as the Council may from time to time prescribe.

1953-55-226.

Receives and disburses all moneys

227.   He shall receive all moneys paid to the city from whatever source, and shall pay out the same only on the warrant of the Director of Finance.

1953-55-227; 1965-68-29.

To keep complete accounts

228.   He shall keep a complete and accurate account of all moneys by him received and by him disbursed.

1953-55-228.

To hold sinking fund securities

229.   He shall, together with the Director of Finance, have the custody of all securities held by the city for sinking fund purposes otherwise than those in a bank.

1953-55-229; 1965-68-29.

Auditors

Appointment of auditors

230.   (1) The Council shall, not later than the first Council meeting in each year, appoint a firm of chartered professional accountants to audit the accounts and transactions of the city and of every other administrative body.

(2) No firm of chartered professional accountants shall be appointed as auditors, any member of which is or was, during the year previous to the appointment, employed by, or is or was a party to, any contract with the city or other administrative body other than as auditor or as a consultant in respect of any of the affairs of the city.

(3) The auditors' appointment may be terminated at any time for cause upon a vote of two-thirds of all the members of the Council.

(4) The auditors so appointed shall be paid such fee as shall be agreed upon.

1974-104-31; 1993-74-2; 2015-1-102.

Duties and powers of auditors

231.   The duties and powers of the auditors are as follows: —

(a) the auditors shall make such examination as is consistent with good auditing practice of the records, including the books, documents, accounts, vouchers, receipts, investment securities, debentures, and matured debentures paid, of the city (including those of any sinking fund provided for under this Act) or relating to any matter or thing under the jurisdiction or control of the Council or of any other administrative body;

(b) the auditors shall make a report to the Council on or before the thirtieth day of April in the next following year on the balance sheets and statements of revenue and expenditure of the city and of any other administrative body, and such report shall state whether in their opinion the balance sheets and statements of revenue and expenditure of the city or other administrative body referred to in the report present fairly the financial position of the city or other administrative body as at the thirty-first day of December and the results of the operations of the city for the year then ended in accordance with accounting principles generally accepted for municipal financial reporting, applied on a basis consistent with that of the preceding year;

(c) the auditors shall further report to the best of their knowledge and ability

(i) in what respect they find the books, documents, accounts, or vouchers incorrect, or lacking proper authority under this Act, or under any by-law or resolution adopted or passed hereunder;

(ii) in what respect any disbursement, expenditure, liability or transaction is without apparent authority.

1974-104-31.

Duty to report in certain cases

232.   The auditors shall, without delay, report in writing with particulars to the Mayor and the Board of Administration if, in their opinion,

(a) any payment made or authorized by the city or other administrative body is without apparent authority;

(b) any sum which ought to have been brought into account by any person or persons has not been brought into account;

(c) any loss or deficiency has been incurred owing to the negligence or misconduct of any person;

and the Mayor shall cause such investigation to be made as he thinks necessary.

1974-104-31.

Added duties

233.   The duties of the auditors shall include

(a) the examination, upon request of the Council, of the accounting arrangements and methods of the city or other administrative body, or of any proposed amendment thereof, and the submission of their recommendations as a result of such examination;

(b) such other duties not inconsistent with those required of them by this Act as may from time to time be included in the terms of their appointment.

1974-104-31.

Duty of Council and officers to assist auditors

234.   Every member of Council, and every officer or employee of the city, and every member and servant of any other administrative body, shall make available all records, books, and documents necessary for the audit or required by the auditors, and shall give the auditors every reasonable facility and furnish full information and explanation concerning the affairs of the city or other administrative body necessary for the performance of their duties as auditors.

1974-104-31.

Powers of auditors, call for books and documents

235.   (1) For the purpose of, and in connection with, any audit under this Act, the auditors may, by summons in writing, require

(a) the production before them of all records, books, deeds, contracts, accounts, vouchers, receipts, and other documents and papers;

(b) the production before them of all moneys and securities;

(c) any person holding or accountable for any such records, books, deeds, contracts, accounts, vouchers, receipts, documents, papers, money, or securities to appear before them at any such audit, and to make and sign a declaration as to the correctness of the same.

(2) A person who neglects or refuses to comply in any respect with a summons issued under subsection (1) is liable for each neglect or refusal, on summary conviction, to a penalty not exceeding one hundred dollars.

(3) A person who falsely or corruptly makes or signs any such declaration as aforesaid, knowing the same to be untrue in any material particular, is liable, on summary conviction, to a penalty not exceeding five hundred dollars.

1974-104-31.

Restriction on removal of records, books, and other documents from city office

235A.   (1) The auditors shall not, without the sanction of the Council or without an order of a Judge of the Supreme Court, remove or cause to be removed any records, books, deeds, contracts, accounts, vouchers, receipts, documents, papers, money, or securities from the office of the city or other place where the same may repose for safe-keeping.

(2) Nothing in this section prohibits the auditors from transferring records, books, deeds, contracts, accounts, vouchers, documents, or papers from one office of the city to another for the convenience of the audit.

1974-104-31.

Rights of electors

235B.   (1) Any elector of the city may, in writing, lodge with the auditors an objection to any item of account or other matter relating to an audit then in process.

(2) Upon receipt of any objection as provided for in subsection (1), the auditors shall appoint a time and place for dealing with the objection, and shall give notice thereof to such elector.

(3) The auditors shall consider the matters before them, and if in their opinion the objection comes within the scope of section 232, they shall forthwith proceed in the manner set out therein.

(4) Nothing in this Part shall be construed to prevent an elector, or a group of electors, from exercising any right to take action for recovery on behalf of the city.

1974-104-31.

Part V — By-laws for Contracting Debts

Limit of borrowing power

236.   (1) The Council may pass by-laws for contracting debts by borrowing money or otherwise for any authorized purpose, in such currencies whether of Canada or some other country as the Council deems expedient, and for levying taxes on the real property in the city liable to taxation for the payment of such debts, but the aggregate of the debt so contracted shall not at any time be increased so as to exceed twenty per centum of the total assessed value of such real property calculated upon the average assessment for the two years prior to the year in which the by-law is passed. The debentures issued therefor may be made payable at such places, within or without Canada, and in such currencies, whether of Canada or some other country, as the Council deems expedient, and if the debentures are, or have been, made payable in lawful money of the United States of America, a dollar so payable shall, for the purpose of such calculation or of any other calculation directed towards ascertaining whether or not any proposed borrowing is within the power of Council, be deemed to be the equivalent of a dollar payable in lawful money of Canada.

(2) Any tax now or hereafter imposed by a by-law providing for the issue of debentures may be levied and collected, under such by-law, as soon as the by-law is passed.

1953-55-236.

When by-law takes effect

237.   The by-law shall name a day in the year in which it is passed upon which the by-law shall take effect.

1953-55-237.

When debt repayable

238.   All debentures shall be issued within five years after the passing of the by-law, and the whole debt shall be made payable within fifty years at most from the day on which the by-law takes effect.

1953-55-238.

Issue of securities to cover debt

239.   (1) In respect of a debt contracted under section 236, the by-law may provide for the issue of debentures or other evidence of debt, the interest on which is payable annually or semi-annually and the principal of which is payable as provided in the by-law.

(2) A by-law under subsection (1) must provide that a sum is to be levied and raised by way of real-property taxes or special levy, charge, rate or tax, in each year sufficient for whichever of the following is applicable:

(a) to make the annual payments for interest and principal;

(b) if it is anticipated that the revenue from the undertaking for which the debt is created will be insufficient to meet the annual payments, to make up that deficiency.

(3) As an exception, if all or part of the money required to be levied and raised in any year under this section has been provided in advance in accordance with either or both of sections 247A and 262, then the money so provided need not be levied and raised in that year.

1997-25-169.

Borrowing from Metro Vancouver Regional District

239A.   (1) Where, pursuant to this Act, the Council is authorized to borrow sums of money, the Council may by by-law or resolution enter into an agreement with the Metro Vancouver Regional District to provide that any or all of the money so authorized may be borrowed from the said district. The said agreement may contain such terms and conditions as are lawfully required by the said district.

(2) Where the city enters into an agreement with the Metro Vancouver Regional District to borrow money, it shall not be necessary for the city to issue debentures with respect to such borrowing, and section 239 shall not apply to such borrowing.

(3) Where the city enters into an agreement with the Metro Vancouver Regional District to borrow money, the Council shall, prior to receiving the money from the said district, pass a by-law providing that a sum shall be levied and raised by way of real-property taxes in each year sufficient to provide for payment of interest and repayment of the principal sum borrowed.

(4) Where the said district issues debentures to raise the money for the city pursuant to this section, and such debentures require the establishment and maintenance of a sinking fund, the city may pay to the said district in each year all sums of money required to pay the interest on the debentures together with such sums as are required to be paid into the sinking fund.

1969-45-13; 2018-23-53.

Recitals in money by-laws

240.   (1) A by-law passed under the provisions of this Part shall recite

(a) the amount of the debt which the by-law is intended to contract and, in brief and general terms, the object for which it is to be contracted;

(b) the value according to the last assessment roll of all the real property in the city liable to taxation;

(c) the total amount of the existing debenture debt of the city, as at the date of the first reading of the by-law, and how much, if any, of the principal or interest thereof is in arrears as at the said date.

(2) Clauses (b) and (c) shall not apply to a by-law passed pursuant to sections 263 and 264.

1953-55-240; 1970-54-14; 2003-66-58.

Debt may be callable

241.   A by-law passed under the provisions of this Part and the debentures issued thereunder may provide that the debentures, or a portion thereof, may be called in and paid at any time before maturity upon such terms as to notice or otherwise as may be specified in the by-law.

1953-55-241.

What borrowing to be submitted to electors

242.   (1) Except as otherwise provided in this or any other Act, the Council shall not contract any debt, the full payment of which is not provided for in the estimates adopted for the current year, unless a by-law authorizing it has been passed with the assent of the electors.

(2) Subsection (1) shall not apply to any debt contracted for any of the following purposes: —

(a) The construction, installation, maintenance, replacement, repair, and regulation of a waterworks system, including water mains and other water pipes, valves, fittings, hydrants, meters, and other necessary appliances and equipment, for the purpose of the distribution and supply of water, and for acquiring real property and easements therefor:

(b) The construction, installation, maintenance, replacement, repair, and regulation of a system of sewerage and drainage, including all necessary appliances and equipment for such purposes, and for acquiring real property and easements therefor:

(b.1) The design, construction, installation, maintenance and repair of an energy utility system, including all necessary appliances and equipment, and for acquiring real property and easements therefor:

(c) Any debt or obligation contained in a contract for the supply of materials, equipment or services, professional or otherwise, required for the operation of the city:

(d) Any debt or obligation contained in an agreement for the acquisition by lease of real or personal property.

(d.1) A mortgage or other obligation for the purposes of section 190 (1) (a) in order to secure an amount owing under an agreement to acquire real or personal property, if the mortgage or other obligation is for a period of 10 years or less.

(e) Borrowing under any agreement made pursuant to section 192 (a) for the purpose of the development or redevelopment of the False Creek Area or for creating housing (for the purposes of this subsection, the "False Creek area" shall be generally all that area of land and land covered by water bounded by Cambie Street and Connaught Bridge on the east, the south side of Sixth Avenue on the south, Burrard Street and Burrard Bridge on the west, and the Harbour Headline on the north side of False Creek on the north):

(f) The taking of any action under section 190.1 [financing in relation to Southeast False Creek development].

1953-55-242; 1969-45-14; 1970-54-15; 1974-104-49; 1993-74-3; 2007-6-41; 2009-1-2.

Valid after expiration of month

243.   Any by-law so passed and any debenture issued pursuant thereto shall be absolutely valid and binding according to the terms thereof, and shall not be questioned on any ground whatever unless within one month after the final passing of the by-law

(a) a notice of application to quash the by-law under Part XXV of this Act has been served on the city; or

(b) an action has been commenced in a Court of competent jurisdiction to set the by-law aside.

1953-55-243.

Provision for amendment or diversion

244.   When any such by-law is so passed, it shall not be amended or repealed by the Council except with the consent of the Lieutenant-Governor in Council, but, without such consent,

(a) a new by-law may be submitted for the assent of the electors authorizing the diversion to some other purpose of the proceeds of the by-law so passed in whole or in part, and if such new by-law receives the assent of the electors, the proceeds may be diverted to such other purpose; or

(b) if a part of the proceeds of a by-law passed under the provisions of this Part is not required for its objects or purposes, the Council may transfer such part to the sinking fund or to a repayment fund in respect of that by-law;

(c) the Council may, by a two-thirds vote of all its members, divert to some other purpose the proceeds of a by-law passed pursuant to section 245.

1953-55-244.

Borrowing over a period of years

245.   (1) If the assent of the electors is obtained to a question under this section, the Council has the power, without the further assent of the electors, to borrow money for the purposes specified in the question during the period specified in the question, subject to the limit that the specified period may not be longer than 10 years.

(2) A question under this section must set out the following:

(a) the maximum total amount proposed to be borrowed;

(b) the number of years during which Council may exercise its authority under this section to borrow money without the assent of the electors;

(c) the proposed projects for which the money is to be borrowed and the amount allocated for each;

(d) a statement that, if the question receives the assent of the electors, the Council has the power, without the further assent of the electors, to pass by-laws as and when Council considers appropriate to borrow money for the projects described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question.

(2.1) An authority to borrow under subsection (1) is an authority to pass by-laws to borrow by the issue of debentures in an aggregate principal amount not greater than the amount specified in the question and, for these purposes, the provisions of this Part relating to the borrowing of money and the issue of debentures apply.

(3) The Council by a vote of not less than two-thirds of all its members may, without the assent of the electors, during the period of years set out in the question or the extended period referred to in subsection (4), vary the projects and amounts so listed so long as the aggregate is not exceeded.

(4) Notwithstanding the provisions of subsections (1) and (2), if any of the projects, or any part thereof, approved pursuant thereto, is delayed for any reason, the Council shall have the power to pass by-laws to borrow the funds necessary to carry out the said project without the assent of the electors at any time within seven years after the last year mentioned in the question submitted to the electors.

(5) In any question submitted pursuant to subsection (1), the Council may include as a project the increase in the amount of any property acquisition fund.

1953-55-245; 1956-70-7; 1961-76-4; 1963-60-6; 1968-71-13; 1970-54-16; 1974-104-32; 1978-41-18; 1993-54-68.

Expenditure for providing information to electors

245A.   When a question is submitted to the electors pursuant to the provisions of section 184 or 245, or a by-law requiring the assent of the electors is submitted to the electors pursuant to this Part, it shall be lawful for Council to expend funds for the purpose of providing the electors with information with respect to the question or the by-law.

1964-72-6.

Conditions of borrowing

246.   The power conferred by section 245 shall not be exercisable

(a) at any time when any portion of any debenture debt of the city which has matured or become payable remains unpaid after a demand in writing for payment of any portion thereof has been made;

(b) unless the city, up to the time of the exercise of such power, has made all levies required by law for sinking fund purposes.

1953-55-246.

Issue of debentures to repurchase or redeem earlier debentures

247.   The Council may provide for the issue of new debentures in order to repurchase, call in or redeem any debentures or stock previously issued by the city, subject to the requirements that the new debentures

(a) must be issued before the date of maturity of the debentures or stock to be repurchased, called in or redeemed, and

(b) must mature not later than 10 years after the date of maturity of the debentures or stock to be repurchased, called in or redeemed.

1993-74-4.

Debt repayment fund

247A.   (1) The Council may, by by-law, provide that all or part of any surplus moneys be set aside in a debt repayment fund for the purpose of providing funds in advance of requirements for annual interest payments on outstanding debentures of the city and for the retirement of those debentures at maturity.

(2) If money in a debt repayment fund is invested under section 201 [investment of city funds], the securities and their revenues shall be held to the credit of the fund.

(3) Money in a debt repayment fund shall be used only for the purpose of reducing the annual levy required to be made under section 239 [issue of securities to cover debt] for outstanding debentures.

2002-22-28.

Debentures

How executed

248.   (1) Debentures shall be sealed with the common seal of the city, and shall bear the facsimile signature of the Mayor and be signed by the City Treasurer or such other person as may be designated by by-law.

(2) Notwithstanding subsection (1), the by-law authorizing the issuance of debentures may provide that the common seal of the city, the signature of the Mayor and the signature of the City Treasurer or other designated person, may be stamped, printed, lithographed or otherwise reproduced.

(3) The seal of the city, when so reproduced, shall have the same force and effect as if manually affixed, and the reproduced signature of the Mayor or City Treasurer or other designated person shall, for all purposes, be valid and binding on the city, notwithstanding that the person whose signature is so reproduced has ceased to hold office before the date of the debenture or before its date of delivery.

1953-55-248; 1985-89-3.

Issue and servicing of debentures

248A.   Where a by-law has been passed authorizing the issue of debentures, then, notwithstanding anything contained in this Act, the Council may engage a person or persons within or without Canada who may be authorized to conduct all business connected with the issue and servicing of the debentures and, without limiting the generality of the foregoing, any of the following matters:

(a) The signing and issuance of the debentures in accordance with the by-law authorizing their issuance;

(b) The receiving from time to time on behalf of the city of all moneys raised by the issue of the debentures;

(c) The registration and transfer of the debentures;

(d) The transfer of the registration of the debentures from one place of registry to another;

(e) The payment of interest and the principal amount of the debentures as the same become payable.

1973-93-10.

Coupons

249.   Debentures may have coupons for the interest attached to them, and such coupons shall bear the facsimile signature of the Mayor and of the City Treasurer or such other person so designated.

1953-55-249.

How payable

250.   Debentures may be made payable to bearer, or to a named person or bearer.

1953-55-250.

Payable in full

251.   Debentures shall be valid and recoverable to the full amount, notwithstanding their negotiation by the city at a discount.

1953-55-251.

Provision for registration

252.   Debentures may contain or have endorsed upon them a provision to the following effect: "This debenture, or any interest therein, shall not, after a memorandum of ownership has been endorsed thereon by the City Treasurer, be transferable except by entry by the Treasurer or his deputy in the Debenture Registry Book of the city." And in such case the Treasurer, on the application of the owner of the debenture, shall endorse upon the debenture a memorandum of ownership signed by him, and shall enter in a book to be known as the "Debenture Registry Book" the particulars contained in such memorandum, and he shall also enter in such book the particulars of every transfer of such debenture.

1953-55-252.

How authorized

253.   A memorandum of transfer of ownership shall be endorsed upon a debenture only upon the written authorization of the person last entered in such book as the owner of such debenture, which authorization shall be retained by the City Treasurer.

1953-55-253.

Effect of endorsement

254.   After a memorandum of ownership has been endorsed as aforesaid, the debenture shall be transferable only by entry by the City Treasurer, or his deputy, in the Debenture Registry Book.

1953-55-254.

Provision for cancellation

255.   On the written request of the person named as owner in such memorandum of ownership, the City Treasurer may, notwithstanding the provisions of section 252, cancel such memorandum of ownership and entry in the Debenture Registry Book and thereby constitute the debenture one payable to bearer.

1953-55-255.

City not concerned with trusts

256.   Neither the city, nor any employee or agent of the city, is bound to see to the execution of a trust, whether express, implied or constructive, to which a city debenture or security is subject.

1984-32-8.

Lost debenture may be replaced

257.   Where a debenture is lost, destroyed, or defaced, the Council may provide for the replacing of the same on the production of such proof of its loss, destruction, or defacement and upon such terms as to indemnity and otherwise as the Council may provide.

1953-55-257.

Sale of debenture

258.   The proceeds of the sale by the city of any debenture shall, save as otherwise provided by this Act, be used only for the purpose for which they were raised, and shall not be used for other expenditures of the city.

1953-55-258; 1985-89-4.

Expenditure may be delayed

259.   (1) Until such time as the proceeds from the sale of debentures are expended, the Council may

(a) invest the funds in accordance with section 201 [investment of city funds], or

(b) temporarily use all or part of the funds for other expenditures of the city pending the collection of current taxes each year.

(2) As limits on the authority under subsection (1) (b),

(a) funds may only be used under that subsection during the period from January 1 to July 15 in each year, and

(b) the funds shall be returned to Capital Account on or before July 15 in the year they are so used.

2002-22-29.

Application of securities held as investments from sinking funds

260.   (1) If money in a sinking fund account is invested under section 201 [investment of city funds], the securities and their revenues shall be held to the credit of the applicable sinking fund account.

(2) If more than one sinking fund account is involved, the securities and revenues referred to in subsection (1) shall be allocated in proportion to the money from the accounts used for the investment.

2002-22-29.

Sinking fund accounts

261.   It shall be lawful to keep a consolidated account of the accumulated instalments and interest on all debenture debts, but in any case the accounting records shall at all times exhibit the accumulated reserve with respect to every separate debenture debt.

1953-55-261.

Provision for transfer of surplus to sinking fund

262.   The Council may provide that any surplus moneys in the hands of the City Treasurer, not appropriated to any specific purpose, shall be transferred to the sinking fund in respect of any debenture by-law, and shall be subject to investment accordingly.

1953-55-262.

Borrowing pending collection of real-property taxes

263.   The Council, without the assent of the electors, may by by-law authorize the Director of Finance or some other person to borrow on behalf of the city for such period as Council may deem fit by way of promissory note or overdraft such sum of money as Council may deem necessary to meet the lawful expenditures of the city pending the collection of real-property taxes and amounts receivable from other governments. In any such by-law, the Council may provide for the hypothecation, subject to any prior charge thereon, to the lender, of any amounts receivable from other governments and the whole or any part of the real-property taxes then remaining unpaid, together with the whole or part of the real-property taxes to be levied for the year in which the by-law is passed. Provided, however, that if the by-law is passed before the passing of the rating by-law, the amount of the current taxes that may be hypothecated shall be not more than seventy-five per centum of the real-property taxes levied in the next preceding year.

1953-55-263; 1970-54-17.

Borrowing pending sale of debentures

264.   Council, without the assent of the electors, may, by by-law, authorize the Director of Finance or some other person to borrow on behalf of the city by way of promissory note or overdraft such sum of money as Council may deem necessary to meet the lawful expenditures of the city pending the sale of debentures. In any such by-law the Council may provide for the hypothecation to the lender of the proceeds of such debentures for the repayment of the sum borrowed and interest thereon.

1953-55-264; 1970-54-17.

Repealed

265.   [Repealed 1970-54-17.]

Repealed

266-
267A.
 
[Repealed 1993-54-69.]

Repealed

268.   [Repealed 1993-54-69.]

Part VI — Licences

Chief Licence Inspector

269.   There shall be a Chief Licence Inspector who, in addition to the powers and duties provided by this Act, shall have such powers and duties as the Council may assign to him from time to time.

1953-55-269; 1968-71-14.

Powers of inspection

270.   The Chief Licence Inspector shall have power to make or cause all necessary inspections to be made to ascertain whether the provisions of any Statute, regulation, or by-law assigning powers or duties to him or his staff are being carried out in the city.

1953-55-270.

Duty to give access and information

271.   It shall be the duty of the owner and occupier of any real property in the city to give to the Chief Licence Inspector, and to any member of his staff authorized by him for the purpose, such access at any reasonable hour to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable necessary inspection to be made.

1953-55-271.

By-laws respecting business regulation and licensing

272.   (1) The Council may from time to time make by-laws

Licensing

(a) for providing for the licensing of any person carrying on any business, trade, profession, or other occupation;

Fixing fees

(b) for fixing the fee for the granting of any permit or of any licence, which may be in the nature of a tax for the privilege conferred by it;

Enforcement

(c) for providing for enforcing payment of any licence fee, and for prohibiting any person from carrying on any business, trade, profession, or other occupation without first being licensed therefor;

Regulating fuel-dealers, hours of delivery, weigh-scales

(d) for regulating persons who sell or deliver fuel, or offer the same for sale or delivery, and for regulating the dimensions and capacity of the boxes or containers on vehicles in which fuel is delivered and for requiring that the capacity of each such box or container shall be plainly marked thereon, and for requiring such persons to furnish a statement with each delivery of fuel showing its price and description and such other information as the by-law may direct, and for providing for the seizure and forfeiture of fuel offered or intended for sale which does not comply with any provision of the by-law, and for regulating the delivery of fuel during certain hours and in certain areas as designated in the by-law, and for establishing and maintaining public weigh-scales and for fixing the fees to be taken for their use;

Special licence re vehicles

(e) for licensing every person using upon any street any vehicle for the purpose of any business, trade, profession, or other occupation, and for classifying such vehicles and giving effect to such classification in fixing the licence fee;

Extent of regulation

(f) for regulating every person required to be licensed under this Part, except to the extent that he is subject to regulation by some other Statute;

Weight to be fixed, to be labelled, and wrapped, and regulated as to delivery

(g) for fixing the weights of loaves or packages of bread sold or offered for sale, and for prohibiting the sale of such loaves or packages having weights other than those so fixed, and for requiring that all bread offered for sale shall bear a label showing the name and address of its manufacturer and the weight thereof, and for requiring that all bread offered for sale shall be wrapped in such manner as is prescribed in the by-law, and for regulating the manner of handling and delivering bread in and from bakeries, stores, and vehicles, and for authorizing the seizure and forfeiture of bread which does not comply with any provision of the by-law;

Licences in respect of dogs

(h) for licensing every person who owns, possesses, or harbours any dog;

Transfer of licences

(i) for regulating the transfer of a licence from a person holding a licence to some other person, and, where permission is given, for prescribing the terms thereof;

Revocation

(j) for revoking or suspending any licence;

Delegation of power to grant licences

(k) for delegating to the Chief Licence Inspector, where deemed proper, the power to grant a licence in cases where he is satisfied that the applicant therefor has complied with the requirements of the relevant by-laws;

Fixing times for payment

(l) for fixing times for the payment of licence fees, and for fixing and imposing a penalty upon persons required to be licensed who fail to pay the licence fee by the times so fixed;

Vending-machines

(m) for licensing persons who make available for the operation by other persons any lawful automatic or slot machine used, or intended to be used, for the purpose of vending merchandise or services. The persons so licensed may be the owners of such machines or may be the occupiers of the premises where they are operated;

Members' clubs

(n) for licensing, regulating, and defining clubs which are not subject to being licensed under this Part as carrying on a business, and for requiring such clubs at all times to have a manager and for licensing such manager;

Solicitors for charity, etc.

(o) for licensing persons who solicit or collect gifts or alms, or the promise thereof, for others, whether in the form of money, merchandise, or otherwise, and for preventing such soliciting or collecting on any street without a permit issued under the provisions of the by-law;

Charitable and other shows, etc.

(p) for licensing persons who conduct or manage bazaars, shows, exhibitions, and entertainments for, or represented to be for, charity or any humanitarian, philanthropic, or patriotic object;

Licensee not to discriminate

(q) for providing that a licensee under this Part shall not refuse to sell any goods or furnish any service or accommodation to a person by reason only of such person's race, creed, colour, religion, sex, marital status, physical or mental disability, nationality, ancestry, place of origin or political beliefs;

Juveniles in poolrooms, etc.

(r) regulating the presence of boys or girls less than eighteen years of age in poolrooms, arcades, public dance-halls, billiard-halls, or bowling-alleys and defining any terms used in this clause.

(2) Notwithstanding anything to the contrary in this Act or any by-law under this section, the maximum licence fee for a manufactured home park as defined in the Manufactured Home Tax Act shall not exceed the amount prescribed under the Manufactured Home Act in respect of any one licence period.

1953-55-272; 1960-80-2; 1962-82-7; 1969-45-16; 1977-40-51 (as renumbered), proclaimed effective April 1, 1978; 1984-32-9; 1985-89-5; 1990-53-12.

Restrictions on authority to regulate in relation to passenger directed vehicles

272.1   (1) In this section:

"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;

"passenger directed vehicle authorization" has the same meaning as in the Passenger Transportation Act;

"transportation network services authorization" has the same meaning as in the Passenger Transportation Act.

(2) The council must not, under section 272 (1) (a) or (e) [by-laws respecting business regulation and licensing],

(a) regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations, or

(b) prohibit vehicles referred to in paragraph (a) from operating in the municipality, including, without limitation, by prohibiting the issuance of a licence to a person to operate a vehicle referred to in that paragraph for the sole reason that the person holds a licence, issued by another municipality, to operate the vehicle.

2018-53-79.

Terms and conditions of a licence

273.   (1) The Council may, by by-law, do one or more of the following:

(a) provide for the effective period of a licence referred to in section 272 (1);

(b) establish terms and conditions of a licence referred to in section 272 (1);

(c) establish terms and conditions that must be met for obtaining, continuing to hold or renewing a licence referred to in section 272 (1);

(d) provide that terms and conditions for a licence referred to in section 272 (1) may be imposed, the nature of the terms and conditions and who may impose them;

(e) set different effective periods of a licence for different classes of licences and, with respect to a licence referred to in section 272 (1) (a), set different effective periods for a licence for different businesses, trades, professions or occupations;

(f) provide for the prorating of the prescribed fee for a licence referred to in section 272 (1) in relation to the effective period of the licence.

(2) [Repealed 2009-22-79.]

(3) The Council may delegate to an officer or employee of the city the authority to set the effective period referred to in subsection (1) under terms and conditions established in the by-law.

(4) A valid and subsisting licence referred to in section 272 that was granted before the coming into force of this section remains valid until its expiration date unless earlier surrendered or cancelled.

1999-38-63; 2009-22-79.

Payable in advance

274.   Licence fees imposed under this Part shall be payable in advance.

1953-55-274.

Powers discretionary

275.   The granting or refusing of a licence to an applicant therefor, and the revocation or suspension of a licence which has been granted, shall be deemed to be in the discretion of the Council, and the Council may grant, refuse, revoke, or suspend a licence without stating any reason therefor, save in respect of a licensee who by reasonable efforts cannot be found, the Council shall not revoke a licence without giving the holder thereof an opportunity to be heard.

1953-55-275.

Licence for each place of business

276.   A person who maintains more than one place at which he carries on a business, trade, profession, or other occupation shall be deemed to be carrying on his business, trade, profession, or other occupation at each of such places and to be subject to being licensed with respect to each place.

1953-55-276.

Power to suspend licences

277.   The Chief Licence Inspector shall have power at any time summarily to suspend for such period as he may determine any licence if the holder of the licence

(a) is convicted of any offence under any Statute of Canada or of the Province of British Columbia;

(b) is convicted of any offence under any by-law of the city with respect to the business, trade, profession, or other occupation for which he is licensed or with respect to the relevant premises;

(c) has, in the opinion of the Inspector, been guilty of such gross misconduct in or with respect to the licensed premises as to warrant the suspension of his licence;

(d) has, in the opinion of such official,

(i) conducted his business in a manner; or

(ii) performed a service in a manner; or

(iii) sold, offered for sale, displayed for sale, or distributed to a person actually or apparently under the age of sixteen years any thing

that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of sixteen years.

Appeal from suspension

Any person whose licence has been suspended under this section may appeal to the Council in accordance with the procedure for that purpose prescribed by by-law, and upon such appeal the Council may confirm or may set aside such suspension on such terms as it may think fit.

1953-55-277; 1972-58-21.

Delegation of Council hearings and appeals

277.1   (1) Council may, by resolution, delegate the holding of a hearing under section 275 or 278, or an appeal under section 277 of this Act or under section 36 (7) of the Motor Vehicle Act, specifically, by class or generally, to one or more council members.

(2) If a hearing in relation to a matter is delegated under subsection (1), a delegation of the power to make a Council decision in relation to the same matter may only be delegated to the person or persons to whom the holding of the hearing was delegated.

(3) If the holding of a hearing is delegated under subsection (1) and the power to make the Council decision in relation to the same matter is not delegated under subsection (2), the Council must not make the decision until the delegate reports to the Council, either orally or in writing, the views expressed at the hearing.

(4) For certainty, if a delegation has been made under subsection (1), the Council may exercise its authority under that subsection to change that delegation to a different delegation in relation to a specific matter.

1999-37-324; 2007-6-42.

Procedure where suspension or revocation recommended

278.   The Chief Licence Inspector may, in any case, recommend to Council in writing the suspension or revocation of any licence, setting out the reasons for such recommendation. The Council shall not suspend or revoke the licence without previous notice and an opportunity to be heard being given to the holder thereof, except when by reasonable efforts the holder cannot be found.

1953-55-278.

Certain provisions of Liquor Control and Licensing Act not to apply

279.   Nothing contained in the Liquor Control and Licensing Act shall prevent the Council from providing for the licensing of the holder of a licence under the said Act.

1953-55-279; 1997-25-170.

Shops regulation

279A.   (1) For the purposes of this section, "shop" means any premises wherein any retail trade or business is carried on, and includes any building or portion of a building, booth, stall, or place where goods are exposed or offered for sale by retail, or where the business of a barber or cosmetologist or the business of a shoe-shine stand is carried on, but does not mean premises where a barber or cosmetologist is attending a customer in the customer's residence, or where the only trade or business carried on is that of selling medicines, drugs and medical appliances, tobacco and related products, newspapers, magazines, fresh or frozen fruits, fresh or frozen vegetables and other frozen foods, cut flowers, florists' products, soft drinks, dairy products, bakery products, or any one or more of them, or that of automobile dealers, automobile service-stations and garages, or that of an hotel, inn, public house, restaurant, or refreshment-house, or places licensed under the Liquor Control and Licensing Act.

(1.1) [Repealed 2003-7-63.]

(2) The Council may by by-law regulate the days and hours of the day during which shops may remain open or be closed for business during Monday to Saturday, inclusive; provided, however, that the owner or operator of any shop shall not require any employee to work in any shop on more than five days in any one week. Such by-law may classify shops and may differentiate between different classes as to hours and days for opening or closing.

(3) Pending the enactment of by-laws pursuant to subsection (2) by the city, every shop shall be closed and remain closed on Monday, Tuesday, Wednesday, Thursday, and Saturday from and after six o'clock in the afternoon and on Friday from and after nine o'clock in the afternoon; provided, however, that if shops are required by Statute to remain closed on any Friday such shops may remain open until nine o'clock in the afternoon of the immediately preceding day.

(4) All shops may remain open until nine o'clock in the afternoon on the seven business-days immediately preceding Christmas Day.

(5) [Repealed 1997-25-171.]

(6) The Council may by by-law require that hawkers, pedlars, and hucksters shall not hawk, peddle, or sell any goods, chattels, or merchandise during the period when shops are required to be closed pursuant to this section.

(7) Every shop shall be closed for business on the following days, that is to say: Christmas Day and the day immediately following; New Year's Day; Good Friday; Canada Day; Victoria Day; Labour Day; Remembrance Day; the birthday, or the day fixed by Proclamation of the Governor in Council for the celebration of the birthday, of the reigning sovereign; and any day fixed by the Parliament of the Dominion or appointed by Proclamation of the Governor in Council for a general fast or thanksgiving or as a holiday of general application throughout the Dominion; and any day appointed by Proclamation or Order of the Lieutenant-Governor in Council or the City Council as a holiday.

1957-85-17; 1980-17-12, effective January 1, 1981; 1993-74-5; 1997-25-171; 1999-13-29; 2003-7-63.

Hours of business: licensed establishments and prescribed business premises

279A.1   (1) In this section:

"licensed establishment" means a restaurant or a prescribed business premises for which a licence of a prescribed class of licences under the Liquor Control and Licensing Act has been issued;

"prescribed business premises" means a business premises that is of a class prescribed by regulation under subsection (5).

(2) The Council may, by by-law,

(a) regulate the hours and days during which

(i) licensed establishments, or

(ii) prescribed business premises

may remain open or must be closed for business, and

(b) in relation to licensed establishments, regulate the hours and days during which licensed establishments may serve liquor or allow liquor to be consumed on their premises.

(3) A by-law under subsection (2) may establish different regulations for

(a) different areas of the city,

(b) different classes of licensed establishments, as those classes are established by the by-law, and

(c) different classes of business premises, as those classes are established by regulation under subsection (5).

(4) The authority under this section applies in relation to licensed establishments despite the restriction under section 272 (1) (f) [extent of regulation].

(5) The Lieutenant Governor in Council may make regulations prescribing classes of business premises for the purposes of this section.

(6) To the extent of any conflict between a by-law under section 279A [shops regulation] and a by-law under this section, the by-law under this section prevails.

2013-4-5; 2015-19-117.

Regulation of "burglar alarms"

279B.   (1) The Council may, by by-law, regulate alarm systems designed or used to direct attention to a criminal or unlawful act, regulate persons engaged in the business of selling or maintaining such alarm systems and the employees of such persons, and regulate persons possessing or using such alarm systems.

(2) In any by-law passed pursuant to this section a Council shall have the power to classify and define alarm systems and differentiate as between classes of systems and shall have the power to pass different regulations with respect to each class of alarm system and the sale, maintenance, possession, or use thereof.

(3) The power to regulate granted by this section shall include the power to provide

(a) that no person shall sell, maintain, possess, or use an alarm system which has not been approved by a peace officer or municipal employee designated in the by-law;

(b) for a system of permits requiring that any person selling, maintaining, possessing, or using an alarm system shall possess a current and valid permit, and for the delegation to the Chief Constable or other peace officer in direct charge of the peace officers providing policing within the municipality the power, in his discretion, to grant, suspend, or cancel any permit;

(c) for an appeal to the Vancouver Police Board from a decision granting, refusing, suspending or cancelling any permit, including the power to provide that

(i) the Board may delegate the hearing and deciding of such an appeal to one or more members of the Board, and

(ii) the decision of the delegate or delegates, as the case may be, be deemed to be the decision of the Board;

(d) for the charging of a fee or fees in respect to the issuance of a permit and the reinstatement of a suspended permit;

(e) that where a person possessing or using an alarm system or his authorized representative does not attend at his premises where an alarm has been activated within one hour of receiving a request to do so made by a member or employee of the police department providing policing in the municipality, the person possessing or using the alarm system shall thereupon become liable to the municipality for an amount not exceeding $25 per hour or portion thereof for each employee and member of the police department attending the alarm;

(f) for fees to be paid

(i) by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or

(ii) by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(g) that a fee under paragraph (f) (i), if unpaid, may be inserted in the real-property tax roll as taxes in arrear;

(h) for exemptions from the application of a by-law under this section.

(4) A fee under subsection (3) (f) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(5) The Council may, by by-law, exercise powers given by regulation under section 328 (4) of the Local Government Act in relation to security alarm systems.

1978-41-19; 1992-79-10; 1997-25-172; 1997-37-73; 2000-7-191; 2003-15-18; RS2015-1-RevSch.

Regulation of fire alarm systems

279C.   (1) In relation to fire alarm systems, the Council may, by by-law, do one or more of the following:

(a) require permits for the operation of these systems and establish fees for these permits;

(b) establish fees to be paid

(i) by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or

(ii) by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(c) provide that a fee under paragraph (b) (i), if unpaid, may be inserted in the real-property tax roll as taxes in arrear;

(d) exercise powers given by regulation under section 328 (4) of the Local Government Act in relation to fire alarm systems;

(e) establish exemptions from the application of a by-law under this section.

(2) A fee under subsection (1) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(3) As an exception, a by-law under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed.

1992-79-11; 1997-25-173; 2000-7-191; RS2015-1-RevSch.

Part VII — Business Tax

Government activities

279AA.   For the purposes of this Part and section 272, "business, trade, profession or other occupation" does not include an activity carried on by the government, its agencies or government owned corporations.

1979-22-50.

By-laws respecting business tax

280.   The Council may make by-laws

Business tax

(a) for providing for an annual tax on every person occupying or using any real property for the purpose of carrying on within the city any business, trade, profession, or other occupation. The tax shall be based on the annual rental value of the real property occupied or used for the purpose of such business, and be known as the "business tax";

Rates

(b) for fixing a rate applicable to all businesses, trades, professions, and other occupations taxable under this Part;

Regulations

(c) for making such regulations pertaining to the assessment of rental value, the collection of the business tax, and all other matters as may be necessary for the proper administration of the business tax;

Times and penalties

(d) for fixing times for payment and imposing penalties, not exceeding ten per centum of the amount of the business tax remaining unpaid after the time fixed for payment;

Exemptions

(e) for exempting from the business tax such persons as may be deemed proper;

Complaints against assessments

(f) for providing for the establishment of a tribunal to hear and determine complaints against the business-tax assessment roll and determining the procedure in respect thereto, including provision for an appeal therefrom to a Judge;

Changes to tenancy to be notified

(g) for requiring every tenant, and every owner or agent renting premises to any person, to notify the business tax supervisor appointed by the Council within seven days of the commencement of any tenancy or change in tenancy.

1953-55-280; 1969-45-17; 1974-114-17.

Access and information to be given

281.   The Council may make by-laws for compelling owners and occupiers of real property

(a) to permit persons designated in the by-law for the purpose to enter upon and examine such real property at any reasonable time for the purpose of ascertaining whether the owners or occupiers are liable to pay the business tax in respect thereof and of ascertaining the rental value thereof;

(b) to furnish to such persons any information reasonably required for such purpose.

1953-55-281.

Interest on unpaid taxes

282.   (1) Any business tax, together with penalties imposed pursuant to paragraph (d) of section 280, which remains unpaid on December 31 in the year in which it becomes due shall thereafter bear interest at a rate prescribed by a by-law enacted pursuant to subsection (2).

(2) Council may from time to time by a by-law passed not later than September 30 in any year impose the interest referred to in subsection (1) which shall take effect in the year following its enactment. Such interest rate shall not be greater than 4 percentage points above the prime interest rate prevailing on July 31 of the year of its enactment, as determined from the City's principal bankers.

1978-41-20.

Status of owner-occupier

283.   An occupier of real property shall not be freed from liability for business tax by reason only of the fact that he is the owner of such real property.

1953-55-283.

Tax a debt

284.   The business tax imposed under the provisions of this Part shall be a debt recoverable in any Court of competent jurisdiction, but the same shall not constitute a charge upon the real property occupied or used.

1953-55-284.

Services included

285.   Annual rental value shall be deemed to include the cost of providing heat and other services necessary for comfortable use or occupancy, whether the same be provided by the occupant or owner.

1953-55-285.

Basis of assessment

286.   In assessing annual rental value, all factors shall be taken into account so that as far as possible premises similar in size, suitability, advantage of location, and the like shall be equally assessed. The intent and purpose of this section is that all persons subject to business tax shall be assessed at a fair rental value of the premises occupied or used, based in general upon rents being actually paid for similar premises.

1953-55-286.

Certain companies liable for tax

287.   Notwithstanding anything to the contrary contained in any other Act, a trust company or insurance company shall be liable to the business tax.

1953-55-287; 1989-47-412.

Part VIII — Public Works

City Engineer's status

288.   There shall be a City Engineer appointed by the Council who shall have duties and powers in addition to those prescribed by Statute as the Council may from time to time designate.

1953-55-288.

Streets and parks vested in city

289.   (1) Unless otherwise expressly provided, the real property comprised in every street, park, or public square in the city shall be absolutely vested in fee-simple in the city subject only to section 291A of this Act; provided that section 57 of the Transportation Act shall not apply to any street, park, or public square aforesaid; provided further, however, that it shall be lawful for the city to acquire from any person rights or easements for street, park, or public square purposes less than the fee-simple, whether on, above, or below the surface of any real property owned by such person.

(2) In the application of section 107 of the Land Title Act to a subdivision of land in the City of Vancouver, section 107 shall be construed as if for the words

(a) "land" and "highway", wherever they occur, "real property" and "street", respectively, were substituted, and

(b) "Crown in right of the Province,", in the first line of subsection (1) (d), were substituted "City of Vancouver,".

(3) The Registrar of the Vancouver Land Title District may accept evidence of a transfer of any real property in the city for street, park, or public square purposes in the form of a conveyance duly executed by all persons required by law to execute a conveyance thereof or by a plan only, if so executed, in lieu of or in explanation of a conveyance to the city of such real property if such plan is otherwise satisfactory to the Registrar aforesaid. The Registrar may require that such plan shall show the boundaries of any land remaining in the parcel after such transfer.

1953-55-289; 1953(2nd Sess.)-47-5; 1958-72-16; 1973-93-23; 1978-25-331,333, proclaimed effective October 31, 1979; 1997-25-174; 2004-44-160.

Use of streets and adjacent property

289A.   Despite this or any other Act, the Council may, by lease or licence, for such consideration and on such terms and conditions as may be agreed on, do the following:

(a) permit the use of the surface of streets closed and stopped up under this Act by the occupants of abutting property that is zoned for other than residential use;

(b) permit an owner or occupant of real property abutting on one side of a street to construct, maintain and use a bridge or other structure over or under the street for the purpose of access to real property occupied by the owner or occupant on the other side of the street;

(c) permit an owner or occupant of real property abutting on a street to construct, maintain and use a structure in or under any part of a street, whether or not the portion of the street included in the lease or licence extends beyond the side boundaries of the real property.

1994-52-160.

Protection of streets

290.   No person shall excavate in, cause a nuisance upon, encumber, obstruct, injure, foul, or otherwise damage a street, except under such terms and conditions as may be imposed by the Council.

1953-55-290.

Council powers in relation to streets and other matters

291.   The Council may provide

Establishing streets

(a) for establishing, laying out, opening, maintaining, and improving streets, and for determining the width and boundaries of streets;

Stopping up

(b) for stopping up any street, or part thereof, and, subject to section 190, for disposing of any street, or part thereof, so stopped up;

Diverting

(c) for widening, altering, or diverting a street or part thereof;

Prohibiting obstructions

(d) for the prohibition and removal of any unauthorized encroachment or obstruction under, upon, or over a street, or any part thereof;

Grades

(e) for establishing a grade or level for any street, or any part thereof, and for making a charge for providing particulars of such grade or level;

Bench-marks

(f) for establishing and maintaining survey monuments and bench-marks;

(g) for regulating

Access to and from streets

(i) the means of access to and from the street of any parcel abutting thereon and providing for the use of so much of the street as may be designated for the purpose of such access;

Encroachments on streets

(ii) encroachments for a stipulated length of time upon, under, or over a street,

upon such terms as to rental, indemnity, or otherwise as may be prescribed, and, where it is deemed necessary, upon condition that the city shall have a registered charge upon the parcel to which such access or encroachment is appurtenant for the due performance of any term so prescribed and for the payment of any sums of money due the city for rental or otherwise, and for providing that any such sums may be inserted in the real-property tax roll as a charge imposed with respect to such parcel. Any provision in an agreement with the city purporting to create a charge against any parcel aforesaid, for the due performance of any terms prescribed as aforesaid, or for the payment of any sums of money aforesaid, may be registered as a charge against the interest in such parcel of the person making the agreement;

Snow and ice removal from roofs

(h) for requiring the owner or occupier of any real property to remove snow and ice from the roof or other part of a building or structure on the property;

Snow and ice removal from sidewalks

(i) for requiring the owner or occupier of real property designated by by-law to remove snow and ice from the sidewalk adjacent to the property;

(i.1) if an owner or occupier fails to perform the removal required under paragraph (i),

(i) for removal of the snow and ice by another person at the expense of the owner or occupier, and

(ii) for recovering the expense of removal from the owner or occupier;

Cleanliness of streets

(j) for prohibiting persons from depositing upon a street or on any other land without the approval of the owner any rubbish, sweepings, paper, hand-bills, refuse, or other discarded materials or things;

Ornamental trees

(k) for regulating the planting and care of shade or ornamental trees upon a street, and for prohibiting the injury or destruction of such trees;

Their trimming

(l) for causing any tree upon a street to be trimmed or removed when deemed necessary in the public interest;

Watercourses not to be obstructed

(m) for prohibiting any person from obstructing or impeding the flow of any stream, creek, watercourse, drain, or sewer;

Maps may be used

(n) for the use of maps of real property, approved by the City Engineer, in a by-law in place of, or in addition to, a detailed description of such real property.

1953-55-291; 1955-114-9; 1966-69-10; 1972-67-25; 1973-93-11; 1993-74-6.

Access to property and right to purchase

291A.   (1) A resolution shall not be passed for stopping up, altering, or diverting any street or part thereof if the effect of such resolution will be completely to deprive any owner of the means of ingress to or egress from any real property owned by him abutting such street unless in addition to making compensation to such owner, as provided in Part XXVI of this Act, another convenient means of access to his real property is provided, the sufficiency of which, for the purposes of this section only, shall be in the sole discretion of the Council; provided that where the owner consents in writing to the stopping-up, altering, or diverting of any street aforesaid the provisions of this subsection shall not apply to any resolution providing for the same. For the purposes of this section, the word "owner" means an owner as defined by the Land Title Act.

(2) Except as provided in subsection (2.1), if the Council decides to dispose of a street that

(a) was originally acquired by the city without payment, and

(b) has been stopped up, altered or diverted, whether opened, maintained or improved by the city or not,

the disposal price must be established by the Council and the owner of the abutting real property has the right to purchase the street at that price for a period of time set by the Council.

(2.1) Subsection (2) does not apply if the owner of the abutting real property has given the city a waiver of that owner's right to purchase.

(3) Where there is more than one abutting owner, each shall have the right to purchase so much of the real property comprising such street or portion of street so stopped up as the Council may decide, and the price fixed by Council aforesaid shall be apportioned between the parcels to be disposed of accordingly.

(4) If an owner does not exercise his right to purchase within such period as may be fixed by the resolution or any subsequent resolution, the Council may dispose of the part which he has the right to purchase to any other person at the same or greater price.

(5) Where the real property of an owner abutting a street stopped up by resolution also abuts any other street which the Council desires to widen, alter, or divert and requires for that purpose a portion of the real property aforesaid, the Council may, notwithstanding the provisions of subsections (2) and (3) hereof, exchange therefor so much of the real property comprising the street so stopped up for the real property so required as aforesaid as may be mutually agreed upon with such owner.

(6) If an owner of an abutting real property acquires a portion of a street under this section or otherwise, the Council may direct that the owner, as a condition of the disposal, consolidate the portion acquired with the abutting real property.

(7) Upon the deposit in the land title office of a copy of the resolution stopping up, altering, or diverting any street or part thereof, certified as such by the City Clerk, accompanied by a plan showing thereon the street or part thereof so stopped up, altered, or diverted, together with a conveyance of the whole or any part thereof completed in accordance with the requirements of the Land Title Act and the forms approved and fees payable under that Act, the registrar shall, notwithstanding sections 107 and 108 of the Land Title Act or section 289 (2) of this Act or the provisions of any other Act, and whether the city appears on the records of the land title office as the owner or not, on finding a good, safeholding marketable title in fee-simple in the applicant, register the real property described in the said conveyance in the name of the grantee therein and issue to him a certificate of indefeasible title thereto. Any conveyance executed under this section shall have effect as a Crown grant.

(8) Where the city is the owner of any real property abutting the street or portion thereof stopped up, diverted, or altered by the Council pursuant to this Act, the provisions of this section shall, mutatis mutandis, apply to the city as such owner or applicant, but in any such case it shall not be necessary for the city as the applicant to deposit in the land title office the conveyance referred to in subsection (7) hereof, and the Registrar aforesaid shall forthwith register the real property in the name of the city.

1958-72-17; 1963-60-7; 1973-93-24; 1978-25-331,332,334, proclaimed effective October 31, 1979; 1993-74-7; 1997-25-175; 2004-66-164.

Appeal against decision of Registrar

291B.   In case any person is dissatisfied with any decision of the Registrar of the Vancouver Land Title District under the provisions of this Act, such person may, within twenty-one days of the receipt of notice of such decision, appeal to a Judge of the Supreme Court in a summary way by petition, and section 308 of the Land Title Act shall, mutatis mutandis, apply to such appeal.

1958-72-18; 1978-25-333,335, proclaimed effective October 31, 1979; 1997-25-176.

Subdivision control

292.   (1) For the purpose of regulating the subdivision of land, the Council may make by-laws

(a) regulating the area, shape, and dimensions of parcels of land and the dimensions, locations, alignment, and gradient of streets in connection with the subdivision of land, and may make different regulations for different uses and for different zones of the city;

(b) requiring that a proposed subdivision

(i) be suited to the configuration of the land being subdivided;

(ii) be suited to the use for which it is intended; and

(iii) must not make impracticable the future subdivision of the land within the proposed subdivision or of any adjacent land;

(c) requiring that the streets within the subdivision be cleared, graded, drained and surfaced to the prescribed standard;

(d) establishing minimum standards with respect to the matters referred to in paragraphs (a) to (c);

(d.1) providing exceptions to the minimum standards under paragraph (d), or establishing different minimum standards with respect to matters referred to in paragraphs (a) to (c), for land that is occupied by a building or structure which has heritage value;

(e) requiring that a water-distribution system, a sanitary sewage-collection system, or storm-water collection system or a combined sewage-collection system, or any of them, be provided in accordance with standards set out in the by-law, and requiring that provision be made for the connection of such systems with the established systems of the city, but if the city requires that any mains of such systems be of a diameter in excess of that required to service the subdivision, the city shall assume and pay the cost of providing the excess capacity;

(f) requiring that all power-lines, telephone-lines, or any other wires or cables shall be installed underground. The by-law may provide that the Council shall have power to waive this requirement where the applicant for the subdivision would be put to an unreasonable expense;

(g) for providing that

(i) upon any subdivision of a parcel of land exceeding twenty acres there shall be conveyed to the city, without compensation, a portion of such land for park or recreation purposes other than streets, such portion not to exceed ten per centum of the land included in the subdivision;

(ii) the size, dimensions, and location of the portion of the land to be conveyed to the city shall be determined by the approving officer;

(iii) the Council may accept in lieu of the conveyance to the city of the lands to which it is entitled hereunder, or any portion thereof, the payment of a sum of money equivalent to the actual value of such land or portion thereof immediately prior to the subdivision;

(iv) the conveyance to the city of the lands to which it is entitled hereunder shall contain a provision that such lands may be sold, leased, or otherwise alienated by the Council after the expiration of three years from the date of the conveyance;

(v) a further subdivision of the lands included in a subdivision, a portion of which has been conveyed to the city for the purposes aforesaid, shall not be subject to the provisions of a by-law passed pursuant to clause (g);

(vi) all moneys received by the city pursuant to the provisions of clauses (iii) and (iv) shall be held in trust and used only for the purpose of providing public park or recreation facilities;

(h) establishing subdivision application fees payable to the city, which may vary according to the size of the property to be subdivided, the number of lots to be created and the type or classification of the property;

(i) establishing fees payable to the city for changes to a subdivision plan or a by-law under this section.

(1.1) A fee under subsection (1) (h) or (i) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application to which the fee relates.

(2) The owner of land being subdivided shall provide, without compensation, land for streets in accordance with a by-law under subsection (1).

(3) The approving officer may refuse to approve a subdivision plan if he is of the opinion that the cost to the city of providing or maintaining public utilities or other municipal works or services would be excessive.

(4) Where any provision of, or made under, the Land Title Act or any other Act with respect to the subdivision or resubdivision of real property, or the approval, acceptance, or refusal thereof, is inconsistent with any provision of a by-law passed pursuant to this section, the provision of the by-law shall prevail.

(5) Where, as a result of an expropriation that occurs after this section comes into force, a parcel of land that could have been subdivided into 2 or more parcels under a by-law in effect when the land expropriated was vested in the expropriating authority can no longer be subdivided into the same number of parcels, the parcel shall be deemed to conform to the applicable by-law for the purposes of the subdivision as though the expropriation had not occurred, but only to the extent that none of the parcels that would be created by the subdivision would be less than 90% of the area that would otherwise be permitted by the applicable by-law.

(6) Subsection (5) does not apply where the owner of the parcel being subdivided has received compensation that is directly attributable to the reduction in the market value of the land that results from the inability to subdivide the parcel in the manner that would have been permitted under the applicable by-law.

1953-55-292; 1965-68-24,25; 1966-69-11; 1970-54-19; 1977-30-148, proclaimed effective September 30, 1977; 1978-25-332, proclaimed effective October 31, 1979; 1990-76-3; 1992-57-5; 1993-74-8; 1994-43-90; 1994-52-161; 1997-25-177.

Appeal and procedure

293.   (1) There shall be an appeal to a Judge of the Supreme Court in Chambers by any person who is aggrieved by the approval of, or the refusal to approve, a subdivision or resubdivision pursuant to a by-law made pursuant to section 292.

(a) A person so aggrieved may, within twenty-one days after the receipt by him of notice of such approval or refusal, apply to the Judge in a summary way by petition supported by affidavit, stating all the facts of the case, and that to the best of the information, knowledge, and belief of the deponents such facts have been fairly disclosed:

(b) All parties interested, including the city, shall be served with the petition, together with all material intended to be used at the hearing of the appeal:

(c) At least ten days' notice shall be given of the time and place of hearing, and all parties interested may appear and be heard:

(d) The Judge may make any order he sees fit as to the notification of other parties of the hearing, and upon the hearing may make such order not inconsistent with the by-law as may be just in the premises, and may make such order as to the costs of the parties appearing as he may see fit.

(2) An appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

1953-55-293; 1982-7-109, proclaimed effective September 7, 1982.

Limitation of actions

294.   (1) All actions against the city for the unlawful doing of anything purporting to have been done by the city under the powers conferred by any Act of the Legislature, and which might have been lawfully done by the city if acting in the manner prescribed by law, shall be commenced within six months after the cause of such action shall have first arisen, or within such further period of time as may be designated by the Council in any particular case, but not afterwards.

(2) The city is in no case liable for damages unless notice in writing, setting forth the time, place, and manner in which such damage has been sustained, shall be left and filed with the City Clerk within two months from and after the date on which such damage was sustained; provided that in case of the death of a person injured the want of a notice required by this subsection is not a bar to the maintenance of the action. The want or insufficiency of the notice required by this subsection is not a bar to the maintenance of an action if the Court or Judge before whom such action is tried or, in the case of an appeal, the Court of Appeal is of the opinion that there was reasonable excuse for the want or insufficiency and that the city has not been thereby prejudiced in its defence.

(3) No action for damages lies or shall be instituted against a civic public officer for anything said or done or omitted to be said or done by him in the performance or intended performance of his duty or the exercise of his power or for any alleged neglect or default in the performance or intended performance of his duty or exercise of his power.

(4) In this section "civic public officer" means

(a) the members of council,

(b) the members of the Board of Parks and Recreation,

(c) the directors of a regional board,

(d) the members of the Library Board,

(e) the members of the Board of Variance,

(f) the members of the Building Board of Appeal,

(g) an officer or employee of the City or the Library Board,

(g.1) an election official appointed under section 14,

(g.2) a member of a heritage commission under section 581,

(h) a special constable, and

(i) any volunteer who participates in the delivery of services by the city, or the bodies referred to in paragraphs (b) to (e) under the supervision of an officer or employee of the city, or of those bodies or an officer or employee of any of those bodies.

(5) Subsection (3) does not provide a defence where

(a) the civic public officer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or

(b) the cause of action is libel or slander.

(6) Subsection (3) does not absolve any of the corporations or bodies referred to in subsection (4) (a) to (h) from vicarious liability arising out of a tort committed by any of the individuals referred to in subsection (4) which the corporation or body would have been liable for had this section not been in force.

(7) Nothing in this section shall be construed to limit or restrict council's power to indemnify pursuant to section 180 of this Act.

(8) The city, or any officer or employee thereof, in inspecting and approving plans or in inspecting buildings, utilities, structures or other things requiring a permit for their construction, has no legal duty, on which a cause of action can be based, to ensure that plans, buildings, utilities, structures or other things so constructed, comply with the by-laws of the city or any other enactment. The city, or any officer or employee thereof is not liable for damages of any nature, including economic loss, sustained by any person as a result of neglect or failure of the city or officer or employee thereof to discover or detect contraventions of the by-laws of the city or other enactment or from the neglect or failure, for any reason or in any manner, to enforce such a by-law or enactment or for any damage from a failure to recommend, or resolve to file a notice in the land title office pursuant to section 336D.

(9) The city or any officer or employee thereof is not liable in any action based on nuisance or the rule in Rylands v. Fletcher or in any claim or action for injurious affection where the damages giving rise to the action or claim arise directly or indirectly out of the breakdown or malfunction of

(a) a sewer system,

(b) a water system,

(c) a drainage facility or system, or

(d) a dike or road.

1962-82-8; 1975-37-16, effective July 1, 1975; 1987-52-21 to 23; 1993-54-70; 1994-43-91; 2016-5-37.

Repealed

294A.   [Repealed 1975-37-16, effective July 1, 1975.]

Remedy over

295.   In case an action is brought against the city to recover damages sustained by reason of any obstruction, excavation, or opening, or covering, or overhead structure, in or near to or over a street, placed, made, left, or maintained by any person, other than a servant or agent of the city, or to recover damages sustained by reason of any negligent or wrongful act or omission of or failure to comply with the provisions of any Statute or by-law of the city, or any contract, covenant, or agreement by any person, other than a servant or agent of the city, the city shall have a remedy over against such person, and may enforce payment accordingly of the damages and costs, if any, which the plaintiff in the action may recover against the city.

1953-55-295.

Third-party procedure

296.   The city shall be entitled to such remedy over in the same action if the other person is made a party to the action, and if it is established in the action as against such other person that the damages were sustained by reason of an obstruction, excavation, or opening in or near to a street so placed, made, left, or maintained by him, or by reason of any negligent or wrongful act or omission of any person, other than a servant of the city; and the city may in such action have the other person added as a party defendant or third party for the purposes hereof (if not already a defendant in the action jointly with the city); and the other person may defend such action as well against the plaintiff's claim as against the claim of the city to a remedy over; and the Court or Judge, upon the trial of the action, may order costs to be paid by or to any of the parties thereto, or in respect of any claims set up therein, as in other cases.

1953-55-296.

If claim paid by city

297.   If such other person be not a party defendant to such action, or be not added as a party defendant or third party, or if the city has paid the claim for such damages before any action is brought to recover the same, of before any recovery of damages or costs against the city therein, the city shall have a remedy over by action against such other person for such damages and costs as have been sustained by reason of any obstruction, excavation, or opening placed, made, left, or maintained by such other person.

1953-55-297.

When validity of judgment applies

298.   Such other person shall be deemed to admit the validity of the judgment, if any, obtained against the city in cases only where a notice has been served on such other person pursuant to the provisions of the Rules of Court in that behalf, or where such other person has admitted or is estopped from denying the validity of such judgment.

1953-55-298.

Condition of recovery

299.   Where no such notice has been served, and there has been no such admission or estoppel, and the other person has not been made a party defendant or third party to the action against the city, or where such damages have been paid without action or without recovery of judgment against the city, the liability of the city for such damages, and the fact that the damages were sustained by reason of an obstruction, excavation, or opening placed, made, left, or maintained by the other person, must be established in the action against such other person to entitle the city to recover in such action.

1953-55-299.

Water

Council powers in relation to water

300.   The Council may provide

Acquisition and distribution of water

(a) for acquiring water from the Greater Vancouver Water District, or elsewhere, and for distributing, supplying, and making it available for use to persons within the city at such rates and upon such terms and conditions as may be provided by by-law, and for differentiating as to such rates, terms, and conditions among various classes of persons and uses as may be provided by by-law;

Water system

(b) for the construction, installation, maintenance, repair and regulation of a system of pumping stations, water-mains and other water-pipes, including valves, fittings, hydrants, meters and other necessary appliances and equipment, for either or both of the following purposes:

(i) distributing and supplying potable water;

(ii) distributing and supplying salt water for fire fighting and other purposes;

(b.1) for acquiring real property and easements for the purposes of clause (b);

Recovery of charges

(c) for compelling payment of the rates for such water and any other charges prescribed by the by-law;

Collectable as taxes

(d) for authorizing the insertion in the real-property tax roll of any water rates as charges imposed with respect to the parcel upon which the water was used, or to which it was made available for use;

Water-main rental

(e) for requiring any owner or occupier of any parcel of real property abutting on any street in which a water-main is installed to pay a reasonable rental therefor to the city whether water is supplied to such parcel or not;

Water connections

(f) for the installation of a connection to any parcel of real property abutting on any street in which a water-main is installed, from such main, and for fixing the fees therefor and the terms and conditions upon which such a connection shall be installed;

Abutting parcels to be connected

(g) for compelling the owner and occupier of any parcel of real property abutting on any street in which a water-main is installed to install an effective connection with such main;

Supply may be interfered with

(h) that supply of water in the whole or any part of the city may be diminished or restricted or, if deemed necessary, cut off during such period as may be specified without giving rise to any claim against the city;

Inspection

(i) that a person authorized for the purpose by the city shall have reasonable access to any part of any premises in order to inspect any water-pipe, meter, appliance, or fixture upon such premises.

1953-55-300; 1993-74-9.

Energy Utility System

Establishment and operation of energy utility system

300.1   (1) In this section:

"energy" means light, heat, cold or power distributed or delivered by water, electricity, steam, natural gas or any other agent;

"energy utility system" means a system for the generation, storage, transmission and distribution of energy.

(2) The Council may provide for the following:

(a) the design, construction, installation, maintenance and repair of an energy utility system, for all or any part of the city, including all necessary appliances and equipment;

(b) acquiring, managing and maintaining real property, inside or outside of the city, and all necessary appliances and equipment for the purposes of an energy utility system.

(3) Without limiting subsection (2), the Council may provide for the following:

(a) by by-law, regulating the design, construction, installation, maintenance and repair of an energy utility system, including all necessary appliances and equipment;

(b) by by-law, compelling persons to make use of the energy utility system;

(c) by by-law, establishing the terms and conditions on which persons may make use of the energy utility system, which terms and conditions may vary in relation to one or more of the following as established by the Council:

(i) different classes of energy;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of energy services;

(d) by by-law, requiring all persons to conform to the applicable terms and conditions under paragraph (c);

(e) by by-law, requiring any owner or occupier of any parcel of real property that is capable of being served by the energy utility system to pay a levy to the city for the opportunity to use the system, whether or not they in fact use the system, which levy may vary in relation to one or more of the following as established by the Council:

(i) different classes of energy;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of energy services;

(f) by by-law, setting charges for use of the energy utility system, which charges may vary in relation to one or more of the following as established by the Council:

(i) different classes of energy;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different quantities of energy;

(v) different classes of energy services;

(g) by by-law, compelling the payment of levies and charges under paragraphs (e) and (f), including providing that the levy or charge may be inserted in the real-property tax roll with respect to the parcels to which it relates;

(h) entering into contracts with persons with respect to all or part of the energy utility system or the supply of energy, on terms and conditions prescribed by the Council;

(i) by by-law, establishing exemptions from terms and conditions under paragraph (c) or charges under paragraph (f) on the basis that

(i) the person or property does not require the service,

(ii) payment for the service would place an undue financial hardship on the person or property, or

(iii) there are restrictions or limitations related to the configuration of the real property or access to the real property;

(j) by by-law, delegating to persons authority to do one or more of the following:

(i) enter onto real property, at any reasonable time, for the purpose of installation, maintenance, repair or removal of an energy utility system, including appliances or equipment;

(ii) enter onto real property, at any reasonable time, to inspect the real property and appliances and equipment, and enforce any by-law under this section;

(iii) determine applications for exemptions authorized by by-law;

(iv) vary the level and terms of service provided by the energy utility system among classes as defined by by-law under this section.

2007-6-43.

Wharves

Provision of wharves

301.   The Council may provide for acquiring, leasing, constructing, repairing, improving, and maintaining wharves and slips for the use of the city, and for permitting persons to use the same, or any part thereof, upon such terms as may be prescribed.

1953-55-301.

Sewers and Drains

Council powers in relation to sewers, drains and watercourses

302.   The Council may provide

Sewerage and drainage system

(a) for the construction, installation, maintenance, repair, and regulation of a system of sewerage and drainage, including all necessary appliances and equipment, and for acquiring real property and easements therefor;

Course of sewers and drains

(b) for conducting any sewer or drain beyond the limits of the city, or into the waters of Burrard Inlet, English Bay, Georgia Strait, or the North Arm of the Fraser River;

Basic sewer and drainage levy

(c) by by-law, for requiring the owner or occupier of any parcel of real property that is capable of being served by a sewer or drain to pay a levy to the city for the opportunity to use the sewer or drain, whether or not the parcel is connected with the sewer or drain, which levy may vary in relation to different classes of property as established by the Council, including but not limited to classes based on the area of the property or on the area of the property covered by impermeable material;

Sewer and drainage use charges

(d) by by-law, for requiring the owner or occupier of any parcel of real property to pay a charge to the city on the use of a sewage or drainage system, which charge may vary in relation to one or more of the following as established by the Council:

(i) different classes of property, including but not limited to classes based on the area of the property or on the area of the property covered by impermeable material;

(ii) different classes of users;

(iii) the number, size and type of connections;

(iv) the quantity of water delivered to the property;

(v) the area of the parcel that is covered by impermeable material;

(vi) the volume of drainage flowing from the property, as measured or estimated by the City Engineer;

(vii) different classes of effluents;

(viii) the volume and quality of each class of effluent discharged by the user, as measured or estimated by the City Engineer;

(ix) for charges in relation to sewerage facilities of the Greater Vancouver Sewerage and Drainage District, any of the factors under section 7C (2) (b) and (c) of the Greater Vancouver Sewerage and Drainage District Act;

Connection may be required

(e) for compelling the owner or occupier of any parcel of real property abutting on any street in which a sewer or drain is laid to install an effective connection with such sewer or drain, and that the fee for such connection as prescribed by by-law shall be charged against the parcel served thereby by inserting in the real-property tax roll as a charge imposed with respect to such parcel such annual amounts and for such number of years as the by-law may provide;

Provision for installation

(f) for the installation of a connection to any parcel of real property abutting on any street in which a sewer or drain is installed, from such sewer, and for fixing the fees therefor and the terms and conditions upon which such connections shall be installed;

Terms of unstopping connections

(g) for the unstopping of any such connection, and for requiring that the applicant therefor shall bear the cost of such unstopping, except where it becomes necessary through default on the part of the city;

Connection to new sewers

(h) that when a new sewer or drain is installed in any street, a connection from the sewer or drain to the street-line shall then be installed opposite each taxable parcel of real property abutting on such street and having thereon any building, and that any work upon the said parcel necessary to join such connection effectively to any building shall be done as part of the work of installing the said connection and for providing that the fee for such connection as prescribed by by-law shall be charged against the parcel so served by inserting in the real-property tax roll as a charge imposed with respect to such parcel such annual amounts as the by-law may provide;

Charges payable in annual amounts

(i) that the registered owner of any parcel abutting on any street wherein is already installed a sewer or drain who may desire to have such a connection installed to serve such parcel may, by writing, charge the said parcel with the cost of such connection in such annual amounts as the by-law may prescribe, and that such amounts may be inserted in the real-property tax roll as a charge imposed with respect to such parcel;

Levy and charges to be paid

(i.1) by by-law, for compelling the payment of the levies and charges under paragraphs (c) to (i), including providing that such a levy or charge be inserted in the real-property tax roll with respect to the parcels to which it relates;

Septic tanks

(j) for regulating the installation and use of septic tanks, and for prohibiting their use where sewers are available, or where their use might constitute a menace to health;

Sewage and surface-water disposal

(k) for making such regulations for the disposal of sewage and surface water as is deemed necessary in the interest of health and sanitation;

Watercourses

(l) for widening, deepening, straightening, diverting, or otherwise improving natural and other watercourses and protecting the same from encroachment and injury;

Their position

(m) for determining the position of such watercourses, whether upon city property or upon privately owned property, and for incorporating them in the city's drainage system;

Sewage-disposal plant

(n) for establishing and maintaining within or without the city a system of sewage-disposal by means of works designed for the processing and purification of sewage and for the sale or other disposition of the resulting products;

Flood control

(o) for the construction and maintenance of dikes or embankments and ancillary facilities to prevent the flooding of land.

1953-55-302; 1959-107-17; 1962-82-10; 1988-67-1; 1997-25-178; 2016-5-38.

Solid Waste

Council powers in relation to solid waste

303.   The Council may provide for the following:

Solid waste disposal system

(a) establishing and maintaining a system for the collection, removal, transfer, disposal and recycling of solid waste, being discarded matter including materials that are recyclable;

(b) acquiring, managing and maintaining real property, inside or outside the city, and for erecting, equipping, managing and maintaining the transfer facilities, recycling facilities, disposal facilities, buildings, incinerators, machinery and all other equipment, facilities and plant as may be necessary for or ancillary to any of the purposes of the solid waste system;

Requiring persons to use system

(c) by by-law, compelling persons to make use of the solid waste system;

Terms and conditions of use

(d) by by-law, establishing the terms and conditions on which persons may make use of the solid waste system, which terms and conditions may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of solid waste services;

(e) by by-law, requiring all persons to conform with the applicable terms and conditions established under paragraph (d);

Basic solid waste levy

(f) by by-law, requiring any owner or occupier of any parcel of real property that is capable of being served by the solid waste system to pay a levy to the city for the opportunity to use the system, whether or not they in fact use the system, which levy may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of solid waste services;

User charges

(g) by by-law, setting charges for use of the solid waste system, which charges may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of users;

(iii) different classes of property;

(iv) different quantities of waste;

(v) different classes of solid waste services;

Compelling payment of levy and charges

(h) by by-law, compelling the payment of levies and charges under paragraphs (f) and (g), including providing that such a levy or charge be inserted in the real-property tax roll with respect to the parcels to which it relates;

Exemptions

(i) by by-law, establishing exemptions from terms and conditions under paragraph (d) on the basis that

(i) the person or property does not require the service,

(ii) the person has a physical disability, or

(iii) there are restrictions or limitations related to the configuration of the real property or access to the real property;

Delegation to City Engineer

(j) by by-law, delegating to the City Engineer authority to do one or more of the following:

(i) prohibit materials from the solid waste system that the City Engineer considers are hazardous or unsuitable to be handled by the system;

(ii) define which materials are to be considered recyclable for the purposes of the solid waste system;

(iii) determine the acceptability of solid waste containers and their locations;

(iv) determine applications for exemptions authorized by by-law;

(v) vary the level of service provided by the solid waste system among classes as defined by by-law;

Contracting for solid waste disposal services

(k) entering into contracts with persons for all or part of the collection, removal, disposal, recycling and transferring services of the solid waste system on terms and conditions prescribed by the Council;

Regulation of solid waste services

(l) by by-law, regulating persons engaged in the business of removing, collecting, transferring, recycling and disposing of solid waste, which by-law may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of solid waste services;

Regulation of direct disposal

(m) by by-law, regulating the means of disposal used by persons who dispose of their own solid waste, which by-law may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of solid waste services.

1997-25-179; 2010-6-128.

Part IX — Buildings

Interpretation

304.   In this Part, unless the context otherwise requires,

"building" includes structures of every kind, excavations in respect of any structure, and everything so attached to a structure as to constitute it real property;

"construction" includes erection, repair, alteration, enlargement, addition, demolition, removal, and excavation.

"greenhouse gas" has the same meaning as in the Climate Change Accountability Act.

1953-55-304; 1963-60-8; 2008-8-7; 2018-32-5.

City Building Inspector

305.   There shall be a City Building Inspector appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe.

1953-55-305; 1958-72-19.

By-laws respecting building regulation

306.   (1) The Council may make by-laws

Regulating construction

(a) for regulating the construction of buildings

(i) where the safety of persons or property is concerned;

(ii) where the health of occupants or others is concerned;

(iii) where the protection of persons or property against fire is concerned;

(iv) where the provision of access to a building, or to part of a building, for a person with disabilities is concerned;

(v) where the conservation of energy or water is concerned;

(vi) where the reduction of greenhouse gas emissions is concerned;

Scaffolding

(b) for regulating the construction and use of scaffolding in connection with any building;

Use of street during construction

(c) for regulating the temporary use or occupancy of any portion of a street for the more convenient construction of a building, upon such terms as to rental, length of use or occupancy, or otherwise as may be prescribed, and for the temporary closing of such portion of a street so used or occupied;

Classification of buildings

(d) for classifying buildings and parts thereof, and differentiating between classes as to the regulations applicable to the respective classes;

Permit to be obtained

(e) for prohibiting any person from commencing the construction of any building, or part thereof, until he has obtained a permit therefor from the City Building Inspector;

Conditions of permit

(f) for fixing the terms and conditions upon which the City Building Inspector may issue, cancel, or suspend building or other permits, including the fees to be charged therefor and the building, surveyor's, or other plans, specifications and particulars to be submitted with applications for building permits;

Certification of fitness

(g) for providing that no building or designated part thereof shall be occupied or used during construction or thereafter until the City Building Inspector has certified that the building has been completed in conformity with the by-laws of the city and is fit for occupancy or use;

Powers of inspection

(h) for providing for the inspection of all buildings during the course of construction and thereafter as occasion may require, and for empowering the City Building Inspector, and anyone authorized by him, to enter any premises at any reasonable time for the purpose of such inspection;

Standards for dwellings

(i) for fixing standards of fitness for human habitation to which all dwellings, whether single or multiple, shall conform, and for requiring the owners of dwellings to make the same conform to any such standards, and for prohibiting the use or occupancy of dwellings which do not conform with any standard so fixed, and for providing (after the giving of notice as hereinafter provided) that in default of such conformation to such standards the city may by its workmen or others enter and effect such repairs, renovations or alterations as are necessary to make the dwellings conform to such standards at the cost of the person so defaulting; no such work shall be undertaken by the city until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

Removal of non-conforming structures

(j) for providing for the demolition or removal, in whole or in part, at the expense of the owner of the parcel on which it is constructed, of any building, or of any part thereof, in cases where its construction has failed in any respect to comply with the provisions of any by-law, and for providing that the cost of such demolition or removal may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of such cost in the real-property tax roll with respect to such parcel;

(k) [Repealed 1964-72-9.]

Plumbing and heating facilities

(l)

(i) for regulating the installation or alteration of plumbing and heating facilities in and about buildings and premises, including the materials to be used and the drains, pipes, and all means of connections with sewers, water-mains, and chimneys and the fixtures and apparatus in connection therewith;

(ii) for fixing standards for plumbing and heating facilities and for ordering the removal or repair of any such facilities that do not comply with that standard;

Sewer and water connections required

(m) for requiring that with respect to designated areas the owners of all premises therein which are used, or intended to be used, for human occupation shall at all times be effectively connected to a sewer or water-main, or both;

Tests for plumbers

(n) for constituting a board of examiners for persons desiring to engage in the trade of plumber, and for empowering such board to grant to any person found by the board to be a competent plumber a certificate of registration after such tests as may be required of him, and for making it unlawful for any person to engage in the trade of plumber unless he is the holder of such a certificate;

Gas or oil appliances

(o) subject to the Safety Standards Act, for regulating the installation and use of gas or oil ranges, gas or oil heaters, gas or oil furnaces, and other appliances using gas or oil for the production of heat, and the piping and other apparatus connected therewith;

Fire limits

(p) for establishing areas to be known as "fire limits", and for regulating the construction of buildings in each of such areas in respect of precautions against the danger of fire, and for discriminating and differentiating between the areas as to the character of buildings permitted in each of them, and for prohibiting the construction of any building within any such area unless it conforms with the regulations provided for it;

Unsafe buildings may be removed

(q) for providing for the demolition or removal, in whole or in part, or the amendment at the expense of the owner thereof, of any building certified by the City Building Inspector to be a fire hazard or structurally unsafe or a menace to health, and for that purpose to authorize any workers or others to enter upon the premises and carry out such demolition, removal or amendment, and for providing that the cost of the demolition, removal or amendment may be recovered from the owner in any court of competent jurisdiction or by entering the amount of such cost in the real property roll with respect to such parcel, and the provisions of this paragraph respecting cost recovery shall apply where the City Building Inspector orders the boarding up or securing of any unsafe building;

Off-street parking and loading space requirements

(r) with respect to loading and off-street parking for motor vehicles and bicycles to

(i) require owners or occupiers of any land or building to provide off-street parking and loading spaces for the land or building, or the use of the land or building, including spaces for use by disabled persons,

(ii) establish design standards for spaces required under subparagraph (i), including standards respecting the size, surfacing, lighting and numbering of the spaces,

(iii) permit off-street parking spaces required under subparagraph (i) to be provided, other than on the site of the building or use, under conditions that are specified in the by-law, and

(iv) as an alternative to complying with a requirement to provide off-street parking spaces under subparagraph (i), permit, at the option of the owner or occupier of the land or building, the payment to the city of an amount of money specified in the by-law;

(s) and (s.1) [Repealed 2008-23-33.]

Excavations to be guarded

(t) for compelling owners of, or building contractors in respect of, any real property on which there is any excavation likely to be dangerous to children or others to keep the same effectively fenced or enclosed or under the care of a watchman;

Undue cost of services may prevent certain uses

(u) for prohibiting the construction of any building for residential, commercial, or industrial purposes on land where by reason of its low-lying, marshy, or unstable character the cost of installing water, sewage, or drainage facilities is in the opinion of the Council unduly great;

Non-conforming building may be acquired

(v) for acquiring any real property being used for a purpose, or upon which is erected a structure, which does not conform with the provisions of any by-law relating thereto, and for disposing of the same upon such terms as may be just;

Adopting by reference

(w) for adopting by reference in whole or in part and with any change the Council considers appropriate any codes, standard or rule relating to fire safety or energy conservation or affecting the construction, alteration or demolition of buildings, either in place of or in addition to any regulations provided for in this Part;

Street numbers may be assigned

(x) for assigning and, where deemed necessary, reassigning street numbers to parcels of real property abutting on any street and to the buildings on such real property, and for providing that a record be kept by the city of such numbers so assigned or reassigned;

Sale of goods and chattels

(y) for providing for the disposal or storage of any goods or chattels situate in any building ordered by the City Building Inspector to be demolished and for the recovery of any costs or expenses incurred for such disposal or storage by sale of the goods or otherwise. The proceeds from the sale of such goods or chattels over and above any costs or expenses incurred shall be held in trust for the owner;

System established re Building By-law

(z)

(i) for establishing a system to permit an architect or engineer recognized as qualified by the City Building Inspector and retained by a person seeking a building permit, to certify:

(A) that plans describing a building comply with the Building By-law; and

(B) that a building as built conforms to plans which were accepted by the city or certified as complying with the Building By-law by an architect or engineer;

(ii) such a system may establish the form of such certificates and the City Building Inspector may accept a certificate as satisfactory evidence of compliance and conformity;

(iii) the system established may also provide for any of the following:

(A) that in order to be recognized as qualified by the City Building Inspector, an architect or engineer must provide evidence satisfactory to the City Building Inspector that he is covered by public liability insurance, and must attend a course or courses approved by the City Building Inspector and, or in the alternative, attain a designated mark in an examination approved by the City Building Inspector;

(B) that an architect or engineer so recognized as qualified may be disqualified by the City Building Inspector;

(C) that a qualified architect or engineer shall, prior to issuing a certificate, obtain from qualified professional engineers all necessary assurances as to the building's electrical, mechanical and structural safety and fire protection;

(D) that a specified portion of the fees to be charged for a building permit in respect of which a qualified architect or engineer has issued the certificate of compliance may be refunded upon receipt of the certificate of compliance and record drawings of the completed building;

(E) that persons wishing to retain an architect or engineer to certify the compliance of plans and buildings shall enter into such undertakings and assurances as the City Building Inspector may prescribe; and

(F) that a permit may be revoked and no work on a building shall be permitted to continue where an architect or engineer retained to certify compliance and conformity has been discharged or resigns, except with the approval of the City Building Inspector;

(iv) where the City Building Inspector accepts the certificate of a qualified engineer or architect pursuant to a system established under this section neither the city nor the City Building Inspector nor any other city employee shall be liable for any loss, damage or expense caused or contributed to because a building in respect of which a certificate is issued is unsafe or does not comply with the Building By-law or other applicable by-laws;

Elevators

(aa) subject to the Safety Standards Act, for requiring that every elevator in any building used for residential purposes shall be maintained in an operational condition at all times;

Assessing costs to owner

(bb) for providing that, where

(i) there has been a successful prosecution pursuant to a by-law regarding building standards or fixing standards of fitness for human habitation, or

(ii) Council has suspended or revoked a licence on the grounds that the owner or occupier of the premises is in violation of a by-law regarding building standards or fixing standards for human habitation,

Council may order that the owner be assessed all reasonable costs of all inspections and investigations, and all other city costs involved in the preparation of any such prosecution or proceeding, and any amount so determined by Council may be recovered in any court of competent jurisdiction;

Withholding of permit

(cc) for withholding a building permit in respect of any parcel of land situate in a designated flood plain area until the City Building Inspector is satisfied that the elevation or design will reduce or eliminate the risk of flood damage and for requiring a covenant registered against the land acknowledging the risk of flood damage.

Where owner unavailable

(dd) for providing that,

(i) if an owner is unavailable, the authorized agent of the owner who is responsible for managing the building is required to comply with the building by-laws as if that agent were the owner, and

(ii) for the purposes of (i), an owner is unavailable if, after making reasonable efforts, the city is unsuccessful in contacting the owner regarding the matter.

(2) Money referred to in subsection (1) (r) (iv) is payable

(a) at the time the building permit is issued for the applicable building, or

(b) if no building permit is required, at the time the use that requires the parking space specified in the by-law begins.

(3) A by-law under subsection (1) (r) may make different provisions for one or more of the following:

(a) different classes of uses or of buildings as established by the by-law;

(b) subject to subsection (4), different activities and circumstances relevant to transportation needs that are related to

(i) a use,

(ii) a building, or

(iii) a class of use or of buildings

as established by the by-law;

(c) different areas;

(d) different zones;

(e) different uses within a zone.

(4) A provision under subsection (3) (b) must not increase the number of off-street parking spaces required under subsection (1) (r).

(5) A provision under subsection (3) that establishes requirements with respect to the amount of space for different classes does not apply with respect to

(a) land, or

(b) a building existing at the time the by-law came into force,

so long as the land or building continues to be put to a use that does not require more off-street parking or loading spaces than were required for the use existing at the time the by-law came into force.

(6) A by-law under subsection (1) (r) may exempt one or more of the following from any provisions of such a by-law:

(a) a class of use, or of buildings, as established by the by-law;

(b) an activity or circumstance relevant to transportation needs that is related to

(i) a use,

(ii) a building, or

(iii) a class of use or of buildings

as established by the by-law;

(c) a use or building existing at the time of the adoption of a by-law under this paragraph;

(d) residential, cultural or recreational uses of a building that is designated as a heritage site under the Heritage Conservation Act.

(7) If money is received by the city under subsection (2), the city must

(a) establish a reserve fund for the purpose of providing

(i) new and existing off-street parking spaces, or

(ii) transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation, and

(b) place the money to the credit of the reserve fund.

(8) If reserve funds are established for both the purpose of subsection (7) (a) (i) and the purpose of subsection (7) (a) (ii), the reserve funds must be separate.

(9) In each year the Director of Finance must prepare and submit to the Council a report for the previous year that includes the following:

(a) the amounts received under subsection (2) in the applicable year;

(b) the expenditures from the reserve funds in the applicable year;

(c) the balance in the reserve funds at the start and at the end of the applicable year;

(d) the projected timeline for future projects to be funded from the reserve funds.

(10) As soon as practicable after receiving the report under subsection (9), the Council must consider the report and make it available to the public.

1953-55-306; 1954-65-3; 1958-72-20; 1959-107-18; 1960-80-4; 1962-82-11; 1963-60-9; 1964-72-9,10; 1966-69-12; 1974-104-34; 1978-41-21,22; 1984-32-10; 1985-89-6; 1987-52-24; 1988-67-1,2; 1990-76-4; 1992-57-6; 1993-74-10; 1994-52-162; 2003-39-98; 2008-8-8; 2008-23-33; B.C. Reg. 18/2010; 2018-23-47; 2020-1-9.

Repealed

306A.   [Repealed 1959-107-21.]

Building Board of Appeal

306B.   Council may, by by-law, establish a Building Board of Appeal and may empower such Building Board of Appeal to determine such matters, relating to by-laws prescribing requirements for buildings, as to Council seem appropriate. Any decision of the Building Board of Appeal shall be final and no appeal shall lie therefrom.

1978-41-23.

Eviction of tenants may be effected

307.   Where a demolition or removal is undertaken pursuant to section 306 (1) (j) or (q) and any occupants of the building refuse to vacate the premises, they may be evicted upon such notice as the Council may prescribe. If, at the expiration of such notice, any occupant remains on the premises, the Mayor may direct a warrant to the Chief Constable requiring him to remove such occupant and his effects, and the Chief Constable shall, using such force as is necessary, cause them to be removed accordingly.

1953-55-307; 1962-82-13; 2008-23-34.

Taxes may be remitted

308.   Where in any year a building has been demolished or removed pursuant to section 306 (1) (j) or (q), the Council may remit so much as it sees fit of the taxes levied in that year in respect of such building.

1953-55-308; 2008-23-34.

Regulated by by-law

308A.   The council may by by-law regulate

(a) the removal of soil, sand, gravel, rock or other substance of which land is composed from any land in the city or in any area in the city, and different regulations and prohibitions may be made for different areas, and

(b) the deposit of soil, sand, gravel, rock or other material on land in the municipality or in any area in the municipality, and require the holding of a permit for the purpose and fix a fee for the permit, and different regulations and prohibitions may be made for different areas.

1987-52-25.

Part X — Fire Prevention and Control

Fire Department established

309.   There shall be a Fire Department of the city, the head of which shall be the Fire Chief appointed by the Council.

1953-55-309.

Council powers in relation to Fire Department

310.   The Council may

Appointment of staff

(a) provide for the appointment of such other members of the Fire Department as may from time to time be necessary;

Acquisition of buildings

(b) acquire real property and erect and maintain buildings thereon for the use of the Fire Department or any other purpose authorized by this Part;

Equipment

(c) acquire such vehicles, engines, vessels, appliances, and other fire-fighting equipment as may be necessary for the purposes of the Fire Department;

Communication systems

(d) establish, acquire, equip, and maintain fire-alarm and police-patrol signal systems and such other systems of communication as may be considered necessary;

Entering into agreements with other local governments

(e) make agreements with municipalities, regional districts, the Provincial government or the Federal government for the provision of the city's fire fighting services, or use of the city's fire fighting equipment or communication or dispatch systems, inside or outside the city;

Agreement with owners or occupiers

(f) enter into agreements with owners or occupiers of property situate outside of the limits of the city for the providing of fire protection to such property and for the collecting of such charges therefor as may be agreed upon.

1953-55-310; 1957-85-8; 1990-76-5; 1997-25-180.

By-laws respecting fire prevention and control

311.   The Council may make by-laws

Enabling entry on premises

(a) for providing that any member of the Fire Department authorized by the Fire Chief may at any reasonable time enter any building or premises, or any part thereof, for the purpose of inspecting the same for conditions which may cause fire, or increase the danger of fire, or increase the danger to persons, and may order such precautions to be taken as are deemed necessary to reduce the danger of fire or danger to persons;

Direction of traffic at fires and other emergencies

(b) for

(i) empowering members of the Fire Department, in the absence of the police, to give directions for the regulation or diversion of vehicular traffic at or near a fire or in other emergency circumstances, and

(ii) requiring all persons to comply with such directions even though they may be at variance with traffic signs or the like;

Persons to assist at fires

(c) for regulating the conduct of persons at or near fires and requiring them to assist the Fire Department in fighting fires and in preserving property threatened by fire;

Buildings may be demolished

(d) for providing for the demolition of buildings and structures where such demolition is required to prevent the spreading of fire;

Handling of explosives, etc.

(e) for regulating the manufacture, processing, storage, sale, transportation, or use of combustibles, chemicals, explosives, inflammable or other dangerous things, and for defining and classifying them;

Gasoline and other pumps

(f) for regulating the construction, installation, and operation of pumps and other measuring devices used, or intended to be used, for the sale or other disposition of gasoline, oil, or other inflammable liquids;

Burning in the open

(g) for regulating the burning of any material in the open air;

Application of Fire Services Act

(h) relating to any matter within the scope of the Fire Services Act so long as such by-laws are not repugnant to any provision of that Act or the regulations thereunder;

Fire commissioner powers

(h.1) authorizing the Fire Chief to exercise some or all of the powers of the fire commissioner under section 25 [emergencies] of the Fire Services Act, and for these purposes that section applies.

Removal of fire-hazards

(i) for requiring the owners or occupants of real property

(i) to remove anything and everything from a building or yard which in the opinion of the Fire Chief or any person under his authority is a fire-hazard or increases the danger of fire;

(ii) to clean chimneys and flues or other apparatus at fixed times or at any time when in the opinion of the Fire Chief or any person under his authority failure to so clean may cause a fire or increase the danger of fire;

Prohibition of loitering in public buildings

(j) for prohibiting persons from standing, loitering, or sitting in the aisles, passages, and stairways of churches, theatres, halls, skating-rinks, auditoriums, and other places of public resort.

1953-55-311; 1963-60-10 to 12; 1978-22-10, proclaimed effective February 1, 1979; 2003-52-511; 2006-3-27.

Part XI — Electrical and Gas Works

City Electrician

312.   (1) There shall be a City Electrician appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe.

(2) If the City of Vancouver enters into an agreement under section 5 of the Safety Standards Act, the City Electrician is a local safety manager for the purposes of the Safety Standards Act.

1953-55-312; 2003-39-99.

His powers of entry for inspection

313.   The City Electrician, or any person authorized by him, may enter any building or premises at any reasonable time for the purpose of inspecting and testing any wiring, appliance, equipment, conduit, or apparatus used or designed, or intended for use, for or in connection with the generation, transmission, supply, distribution, or employment of electrical energy for any purpose (in this Part referred to as "electrical works").

1953-55-313.

Powers of Council

314.   (1) The Council may, subject to the Safety Standards Act and the regulations under that Act, provide

(a) for regulating and inspecting any electrical works, and for defining the same;

(b) for prohibiting any person from installing any electrical works until he has obtained a permit therefor from the City Electrician;

(c) for fixing the terms and conditions upon which the City Electrician may issue such permits, and for fixing the fees to be charged therefor;

(d) for compelling the removal and for preventing the sale or use of any electrical works which do not conform with the provisions of the by-law;

(e) for adopting, in whole or in part or with such modification as may be provided in the by-law, the rules and provisions of the Canadian Electrical Code promulgated by the Canadian Standards Association with respect to electrical works, and constituting as regulations under the by-law the rules and provisions so adopted or modified;

(f) for regulating the placing or maintenance in any street of any electrical works, including the poles or other means of support thereof;

(g) for requiring that any person permitted to erect any poles in a street shall afford to the city reasonable accommodation thereon for such wires or other equipment as may be required for the purposes of the city upon such terms as may be agreed upon or, failing agreement, upon terms to be fixed by arbitration under the Arbitration Act;

(h) for the construction of underground conduits in streets, and for permitting the use thereof for telegraph and telephone cables and other electrical works upon such terms and conditions, to such extent and for such charges, as may be prescribed in the by-law;

(i) for the lighting of streets, squares, and other city property by the erection, construction, and installation of light standards or by any other means;

(j) for contracting for the supply of electrical energy for the purpose of lighting streets, squares, and other city property.

(2) Nothing in section 313, except in so far as it relates to electrical works (elsewhere than in a generating plant or substation) designed or intended for use for or in connection with the final consumption of electrical energy, and nothing in subsection (1) of this section, except clauses (f), (g), (h), and (i), shall apply to any electrical works maintained and used by any electric light, electric power, or street-railway company or transportation company operating trolley-coaches.

(3) The powers conferred on the Council by the said clause (f) shall not be used

(a) to require any of the said companies to remove any presently existing electrical works or any renewal thereof, or to move the same to any new location, except upon condition that the city shall pay reasonable compensation to such company for the expense and loss of and from such removal or moving, the amount thereof to be such as the city and such company may agree upon or, in the event of failure to agree, as may be settled by arbitration pursuant to the Arbitration Act; or

(b) with respect to underground duct banks or vaults of any of the said companies, except as to the position and over-all size thereof.

(4) The Council may make by-laws for regulating the placing and maintenance in any street by any gas company of gas-pipes, governors, regulators, and other equipment and apparatus used in connection with the transmission or distribution of gas.

1953-55-314; 1961-76-6; 1981-13-18, proclaimed effective February 25, 1982; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 2003-39-100; 2011-25-481.

Water powers

315.   Subject to the provisions of the Water Sustainability Act, the Council may provide for the diversion and use of water, within or without the city, for power purposes, and may cause any water-power project to be examined, investigated, and reported upon, and may acquire, develop, establish, equip, operate, and maintain the necessary dams, plant, works, and buildings for the purpose of producing and conveying to the city electrical energy or other power produced by the use of water, and may use, for the purposes of the city, or dispose of any energy or power so produced.

1953-55-315; 2014-15-196.

Saving clause

316.   Nothing in this Act shall be held to affect or impair any contract with the city or any rights, powers, or privileges now had or enjoyed under its Act of incorporation or any special Act by a public utility as the same is defined by the Utilities Commission Act.

1953-55-316; 1997-25-181.

Part XII — Street Traffic

By-laws respecting streets, traffic, carriers, parking and other matters

317.   (1) The Council may make by-laws

Regulating traffic

(a) for regulating pedestrian, vehicular, and other traffic and the stopping, parking and routing of vehicles upon any street or part thereof;

Persons to give name and address to constable

(b) for authorizing a police constable to arrest without warrant any person whom he finds committing a breach of any provision of a by-law passed pursuant to the provisions of this Act respecting traffic if such person shall fail to stop and state his name and address when so requested by such police constable;

Classification of vehicles

(c) for defining and establishing different classes of vehicles and making different provisions, including exceptions, for the different classes established, and for making different provisions for different areas, times, conditions or circumstances as described by by-law in the exercise of any of the powers of the Council with respect to the use of streets;

Speeds may be fixed

(d) subject to the Motor Vehicle Act, for regulating and fixing the rate of speed of all vehicles, or of any class of vehicles, on any street in any zone, place, or area designated by by-law;

Sleds, skates, skateboards and other coasting and sliding devices

(e) for regulating the use of any street by persons sliding or coasting by means of sleds, skis, snowboards, skates, skateboards, roller skates, rollerblades or any other devices specified in the by-law;

(e.1) providing that if a sled, snowboard or skateboard is used, or skis are used, in contravention of a by-law under paragraph (e),

(i) any member of the police department may seize and detain the device,

(ii) the owner of the device be required to pay to the city the amount fixed by the by-law as expenses of the seizure and detention, including storage and other charges, and

(iii) the city may collect expenses referred to in subparagraph (ii) by the sale of the device at public auction or private sale, as directed by the by-law;

Classification of streets

(f) with respect to the use of streets, for establishing different classes of streets and parts of streets and making different provisions, including exceptions, for the different classes established, and for making different provisions for different areas, times, conditions or circumstances;

Classification of pedestrian traffic

(ff) for defining and establishing different classes of pedestrian traffic and making different provisions, including exceptions, for the different classes established, and for making different provisions for different areas, times, conditions or circumstances as described by by-law in the exercise of any of the powers of the Council with respect to the use of streets;

(g) [Repealed 2009-22-80.]

Carriers

(h) for defining and classifying carriers, whether of persons or chattels, and for differentiating and discriminating between classes of carriers in the exercise of any of the powers of the Council with respect to carriers;

Their routes

(i) for fixing routes to be taken by carriers of persons or chattels using any street;

Charges by carriers

(j) subject to the provisions of the Passenger Transportation Act, for fixing the maximum and minimum charges to be made by such carriers or any class thereof, which charges may be based upon zones or districts designated by by-law;

Powers may be assigned to board

(k) for providing that, subject to an appeal to the Council in accordance with the procedure prescribed by by-law, the Council may delegate to a board appointed by the Council any or all the powers vested in the Council with respect to the operation by carriers of any vehicle on any street, including the powers contained in section 272 as to licensing and regulation and in clause (j) of this section as to charges to be made by carriers and in clause (m) of this section as to limiting the number of vehicles with respect to which persons may be licensed in any class of carriers;

Chauffeurs

(l) for regulating chauffeurs and other drivers of vehicles used by carriers on a street in connection with their business;

Limiting licences

(m) for regulating the number of vehicles with respect to which persons may be licensed in any class of carriers;

Bicycle registration

(n) for regulating the use of bicycles, or other vehicles propelled by human muscular power, on any street or other public place, and for compelling the owners thereof to register the same annually pursuant to regulations provided by by-law, and for imposing a fee for such registration not exceeding one dollar per annum for each such vehicle;

Carrier to carry insurance

(o) for making it a condition of the granting and holding of any licence to a carrier that such carrier

(i) be the holder of a subsisting policy of insurance issued by an insurer authorized to carry on business in the Province, or by Lloyd's, in such amounts and against such hazards as shall be specified in the by-law; or

(ii) has given proof of financial responsibility pursuant to the Motor Vehicle Act or the Passenger Transportation Act

covering every vehicle in respect of which such carrier is licensed;

Testing of vehicles

(p)

(i) for fixing standards of safety and of repair to be required of vehicles other than trolley-coaches, while parked or being operated on any street, and for requiring the owners and operators of such vehicles to present the same for inspection as to safety and repair at such place and at such times as the by-law prescribes, and for imposing a charge for such inspection and for prohibiting the use or operation on any street of any vehicle which has not been presented as required for inspection pursuant to the by-law or, having been presented, fails to pass such inspection;

(ii) for appointing a Superintendent, Motor-vehicle Inspection, and delegating to such Superintendent or his assistants or inspectors any or all of the powers of inspecting and passing or failing to pass, in accordance with the standards of safety and repair so fixed, vehicles other than trolley-coaches;

Testing-stations

(q) for acquiring real property and providing and maintaining thereon the necessary buildings, equipment, and appurtenances for carrying out the inspection in the last clause mentioned;

Animals on streets

(r) for regulating the use of any street by horses or other animals, and for prohibiting any person from allowing his horse or other animal to be on a street unattended, except as may be provided by by-law;

Tires and weight, etc., of vehicles

(s) for regulating, in respect of any street or class of streets, the gross weight of vehicles with or without loads; the weight on any axle, tire, or wheel, or any combination thereof; the width, length, height of any vehicle or part thereof; the width, length, height, or number of any combination of vehicles; the width, length, height of any load, or vehicle and load combined; the fastening and distribution of loads; the kind, width, size, and inflation of tires or tracks; and, subject to the provisions of the Motor Vehicle Act, the number, kind, size, location, distribution, colour, and brilliance of lights on vehicles; and for delegating to the City Engineer any of the matters referred to herein in respect of any particular vehicle or class of vehicles;

Dogs to be curbed

(t) for requiring the owner, possessor, or harbourer of any dog to keep it from running at large on any street;

Lines on streets

(u)

(i) for designating streets or portions of streets on which a distinguishing single line or double line shall be marked, which lines need not be in the middle of the travelled portion of the street, and, notwithstanding anything contained in the Transportation Act, for prescribing that all vehicles shall be kept to the right of such double line at all times, and to the right of such single line except when passing an overtaken vehicle elsewhere than at a curve in the street;

Traffic-lanes

(ii) for marking traffic-lanes on streets, and, notwithstanding anything contained in the Transportation Act, for regulating the driving of vehicles within such lanes;

Delegation

(iii) for delegating to the City Engineer, or such other person as shall be named for the purpose, any or all the powers of designating or marking mentioned in this clause;

Safety-zones on streets

(v) for locating, establishing, and maintaining, in any street, areas or platforms reserved for the use of pedestrians only, as safety-zones, and for providing for the use of such safety-zones and the regulation of vehicular traffic in proximity thereto, and for providing such markings or warning-signs as may be thought necessary to identify such safety-zones;

Regulating, stopping, and parking on streets

(w) for designating streets, or portions of streets, upon which no vehicles shall be stopped or parked or only such vehicles or classes thereof at such times and upon such conditions as may be prescribed, and for delegating to the City Engineer or such other person as shall be named for the purpose all or any of such powers so to designate or prescribe;

Public parking

(x) for acquiring real property for the use of the public for the parking of vehicles, and for providing and maintaining thereon the necessary buildings and equipment therefor, and for operating and managing the business of affording parking accommodation thereon, and for allowing persons to use portions of such real property for the parking of vehicles upon such terms and conditions and for such fee or charge as may be prescribed in the by-law;

Contracting for parking areas

(y) for entering into leases or other agreements with persons desiring to take over and operate such real property for the business referred to in clause (x) of this section, and for prescribing the terms and conditions and the rent or other remuneration to be paid to the city therefor;

Parking Commission

(z) for appointing a commission to which the Council may delegate any or all of the powers exercisable by it under clauses (ee), (x), and (y) of this section;

Fees for on-street parking

(aa) in relation to on-street parking spaces for vehicles, for

(i) establishing fees to be paid for use of a parking space,

(ii) prohibiting persons from using a parking space for a vehicle unless the applicable fee is paid, and

(iii) the installation, operation and maintenance of meters or other systems for determining and collecting applicable fees;

(bb) for closing a street, or portion of a street, to vehicular traffic and not to pedestrian traffic, or vice versa;

Impounding of vehicles

(cc) for

(i) authorizing the removal and detention or impounding of a vehicle, whether being driven or not, or other chattel that is unlawfully placed, left, kept or driven on a street,

(ii) requiring the owner of a vehicle or chattel dealt with under this paragraph to pay to the city the amounts fixed by the by-law as the expenses of the removal and detention or impounding, including towing, storage and other charges,

(iii) enabling the city to collect expenses referred to in subparagraph (ii) by the sale of the vehicle or other chattel at public auction or private sale as directed by the by-law or by action in a Court of competent jurisdiction,

(iv) providing that, for the purposes of this section, a vehicle shall be deemed to be a vehicle unlawfully left on a street if the vehicle has

(A) an automobile security system that is operating in contravention of a by-law, or

(B) a horn that is audibly sounding for a period of more than 10 minutes, and

(v) providing that any other vehicle that comes into the hands of the police shall be held and dealt with in accordance with the provisions of the by-law;

(dd) for delegating to the Park Board all or any of the powers of the Council with respect to traffic upon a street, or portion of a street, in a park, as defined in Part XXIII of this Act;

(ee) for acquiring by conveyance, lease, licence, or otherwise any property for the parking of vehicles, for providing and maintaining thereon the necessary buildings and equipment therefor, for operating and managing the business of affording parking accommodation thereon, and for entering into leases or other agreements with any person desiring to take over such property or to commence, carry on, manage, or take over such business upon such terms and conditions as may be deemed advisable by Council.

(2) Despite subsection (1), if the Council or Park Board adopts a by-law under that subsection that contains a provision regulating or fixing the rate of speed at which a person may drive or operate a vehicle on a street, a person who contravenes that provision does not commit an offence against the by-law.

1953-55-317; 1954-65-4; 1955-114-11; 1959-107-19; 1963-60-13,14; 1967-49-14; 1968-71-15,16; 1978-41-24; 1992-57-7; 1993-74-11; 1994-52-163; 1995-53-40; 1997-25-182; 1997-37-74; 2004-39-78; 2004-44-161; B.C. Reg. 337/2006; 2009-22-80; 2013-4-6.

Restrictions on authority to regulate in relation to passenger directed vehicles

317.1   (1) In this section:

"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;

"passenger directed vehicle authorization" has the same meaning as in the Passenger Transportation Act;

"transportation network services authorization" has the same meaning as in the Passenger Transportation Act.

(2) The council must not, under section 317 (1) (j) [by-laws respecting streets, traffic, carriers, parking], fix charges to be made by passenger directed vehicles operated under passenger directed vehicle authorizations or transportation network services authorizations.

(3) The council must not, under section 317 (1) (l), regulate in relation to chauffeurs or drivers who operate motor vehicles under passenger directed vehicle authorizations or transportation network services authorizations.

(4) The council must not, under section 317 (1) (m), regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations.

2018-53-79.

Council powers in relation to traffic control

318.   (1) The Council may provide

Stop-signs, etc.

(a) for locating, establishing, and maintaining on any street such traffic signs, stop-signs, traffic lights or reflectors, traffic disks, markers, blocks, standards, indicators, traffic-control signals, or other devices or apparatus, whether automatic or manual, as may be deemed necessary for the regulation, direction, and control of traffic on any street, and for delegating to the City Engineer, or such other person as shall be named for the purpose, any or all the powers of locating, establishing, and maintaining mentioned in this clause;

School crossings

(b) for authorizing the City Engineer or other person to designate by traffic signs and markings such portions of streets as in his discretion should be designated as school crossings or playground crossings, and, subject to the Motor Vehicle Act, for regulating traffic at such crossings, and for inflicting a minimum fine of fifteen dollars for any breach of such regulations;

One-way traffic

(c) for designating certain streets, or portions of streets, upon which at all times, or during specified hours, vehicular traffic may move only in a named direction;

Emergency powers for constables

(d) for empowering police constables to give directions during an emergency for the regulation or diversion of traffic upon a street in cases where

(i) it is necessary or desirable to expedite traffic or relieve traffic congestion; or

(ii) it is necessary to deal with accidental or other unexpected conditions affecting traffic; or

(iii) the safety of persons or property will be protected;

and for requiring that all persons shall comply with any direction so given, notwithstanding that it is at variance with a traffic-control signal, traffic sign, or the like.

(2) Despite subsection (1), if the Council or Park Board adopts a by-law under that subsection that contains a provision regulating or fixing the rate of speed at which a person may drive or operate a vehicle on a street, a person who contravenes that provision does not commit an offence against the by-law.

1953-55-318; 1960-80-5; 1995-53-41.

By-laws respecting other use of streets

319.   (1) The Council may make by-laws

Parades

(a) for regulating parades and processions in or along any street, and for delegating to the Chief Constable the power to grant or refuse permits for such parades or processions and, when granted, to prescribe the routes of travel to be followed so as to prevent undue interference with other street traffic;

Gathering on street

(b) for regulating the assembling or gathering of persons in or upon a street;

Sales on streets

(c) for regulating the sale, or the offering or exposing for sale, of any merchandise or thing upon a street;

Advertising on streets

(d) for regulating the exhibiting or placing of signs or other advertising on, in, or above any street or on any pole or projection therein, including the billboards, hoardings, or other means used in connection with such signs or other advertising;

Distributing advertising-matter

(e) for regulating the distribution of advertising-matter to persons or vehicles on any street;

Use of streets for motion pictures, festivals and other events

(f) for regulating the use of any street for the making of motion pictures, television productions, festivals, races or other events, including the power to temporarily close streets to vehicular traffic, pedestrian traffic or both and to levy fees therefor;

Fighting in public places

(g) for regulating fighting or similar physical confrontations between 2 or more persons in, on or near a street or other public place;

Street performers

(h) for regulating persons who perform or entertain on a street;

Limiting permits

(i) for regulating the number of permits which may be granted to persons in respect of sales on streets and to persons who perform or entertain on a street.

(2) The Council may, for the purposes of subsection (1), except for paragraph (g), make by-laws that do one or more of the following:

(a) make different provisions for different areas, times, conditions or circumstances as described by by-law;

(b) establish different classes of persons, places, activities, property or things;

(c) make different provisions, including exceptions, for different classes established under paragraph (b).

1953-55-319; 1990-76-6; 2004-51-47; 2009-22-81.

Relaxation of advertising by-laws

319.1   (1) The Council may, by by-law, provide for the relaxation of a by-law under section 319 (1) (d) in one or more of the following circumstances:

(a) enforcement of the by-law would result in unnecessary hardship;

(b) the signs or other advertising use technology not contemplated by the by-law;

(c) the signs or other advertising are in relation to a special event, as designated by Council by by-law or resolution.

(2) A by-law under subsection (1) may authorize such relaxations to be made by the Council, by any official of the city or by a board composed of such officials.

(3) A relaxation under this section, whether made by the Council, an official or a board, may be limited in time and may be made subject to conditions.

(4) A person whose request for a relaxation is dealt with by an official or a board is entitled to have the Council reconsider the matter.

2009-22-82.

Temporary traffic restriction and traffic control

319.2   (1) The Council may temporarily restrict or prohibit all or some types of traffic on a street.

(2) The Council may, by by-law, authorize an official of the city or any other person to control traffic on a street, or to temporarily restrict or prohibit all or some types of traffic on a street, in relation to matters specified in the by-law.

2009-22-82.

Street names and signs

320.   The Council may make by-laws

(a) [Repealed 1987-52-26.]

(b) for assigning names to streets and changing the names so assigned when deemed necessary, and affixing or otherwise displaying of such names at street corners or other convenient places either on a street or on private property.

1953-55-320; 1965-68-26; 1987-52-26.

Filings to be made

321.   The Council may cause the necessary filings with respect to such naming or changing of names to be made in the land title office or elsewhere.

1953-55-321; 1978-25-334, proclaimed effective October 31, 1979; 1997-25-183.

Part XIII — Airport

Airport operations

322.   (1) The Council may provide

(a) for acquiring real property either within or without the city for airports, landing areas, land aerodromes, water aerodromes, and seaplane harbours (all of which are in this Act included in the term "airports"), and for providing and maintaining thereon the ways, landing areas, buildings, equipment, and appliances necessary for the operation of airports; and for leasing any part of such real property not immediately required by the city upon such terms and for such time as the Council deems proper;

(b) for managing and operating such airports and regulating the conduct of persons therein;

(c) for collecting fees and other moneys arising from the operation and use of such airports;

(d) for appointing a commission to which the Council may delegate any or all the powers exercisable by it under this section.

(2) [Repealed 1974-87-38.]

1953-55-322; 1974-87-38.

Part XIV — Nuisances

By-laws respecting nuisances, noise and other matters

323.   The Council may make by-laws

Nuisances may be prohibited

(a) for preventing, abating, and prohibiting nuisances;

Disturbing noises

(b) for regulating the making or causing of noises or sounds anywhere within the city which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of persons in the vicinity, or which, in the opinion of the Council, are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; and may make different regulations or prohibitions for different areas of the city; and for providing for exceptional cases, where such noises may, with the permission of the Mayor or an official of the city designated by by-law, be permitted for limited periods, and for providing that the owner or occupant of any real property shall be deemed to be responsible for any noise emanating or which has regularly emanated from such real property and shall be liable to the penalties provided in the by-law; no penalty shall be imposed upon any person as owner without such person being given a reasonable opportunity to show cause why such penalty should not be imposed;

Firearms and fireworks

(c) for regulating the discharge of firearms or the exploding of firecrackers and other fireworks;

Regulation of sale and possession of fireworks

(d) for regulating the sale or disposal to minors and others of rockets, firecrackers, Roman candles or other fireworks, and for regulating their possession, and providing that, where rockets, firecrackers, Roman candles or other fireworks are being held in violation of the by-law, they may be seized and disposed of without compensation;

Blasting

(e) for regulating the use of any explosive agent for blasting, and for regulating and requiring persons engaged in blasting to give security for damage to persons who, or whose property, may be injured thereby;

Junk

(f) for regulating the keeping, storing, or offering for sale of junk, used materials, machinery, or vehicles, or parts thereof, and places where machinery or vehicles, or parts thereof, are disassembled, broken up, reassembled, or processed;

Waste materials

(g) for regulating the buying or collecting of rags, bottles, cast-off clothing, and other used or waste materials and things, and for requiring the cleansing and sterilization or other treatment thereof, before they are disposed of, by those who buy or collect them as aforesaid;

Fumigating agents

(h) for regulating the sale or use of materials giving off poison gas and other fumigating agents which are poisonous, and for regulating and requiring persons engaged in the business of fumigating rooms or premises, or keeping, storing, or transporting noxious fumigating materials to be registered as provided by by-law;

Refrigerants

(i) subject to the Safety Standards Act, for regulating the use of poisonous refrigerants or other noxious materials employed in bringing about changes in temperature;

Public bathing-pools

(j) for regulating the use of bathing-pools and swimming-pools to which the public is admitted, whether for a fee or otherwise, and for prescribing the means and frequency of changing the water therein and of keeping them free from contamination and from the possibility of communicating disease to persons using them;

Laundries

(k) for regulating the use of buildings and places for laundries, and for ensuring that cleanliness and sanitary conditions are observed therein;

Excavations to be filled

(l) for requiring the owner or occupier of any real property to fill up any well, cellar, excavation, depression, septic tank, privy-vault, or cesspool where, in the opinion of the Medical Health Officer, its continuance would be dangerous to health;

Removal of rubbish

(m) for requiring the owner or occupier of any real property to remove therefrom any accumulation of rubbish, discarded materials, garbage, ashes, or filth, or any unsightly accumulation of graffiti, and lawfully to dispose of the same, and for providing that in default of such removal the city may, by its workmen or others, enter and effect such removal at the cost of the person so defaulting;

Transportation of offensive material

(n) for regulating the transportation upon any street of offal, decayed materials, or other offensive matter or thing;

Smoke and dust regulation

(o) for regulating the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes, or other effluvia into the air from any building or premises, boat, ship, or vessel, and for requiring every owner or occupier of such building or premises and the owner or master of any boat, ship, or vessel to take such precautions and make such changes in, or additions to, any combustion-chamber, chimney, flue, stack, or equipment from or through which such emission takes place as will eliminate or reduce such emission to the extent required by the by-law;

Scale of density of emissions

(p) for establishing or adopting a scale for grading the density of such emissions and for fixing degrees of density not to be exceeded in respect of such emissions;

Permit for certain equipment

(q) for requiring persons constructing or installing combustion-chambers of any kind or any apparatus or equipment by which such emissions are caused to obtain a permit from the city before commencing such construction or installation, and for authorizing the withholding of such a permit unless the provisions of the by-law are complied with;

Brush and weeds to be cleared

(r) for requiring the owner or occupier of any parcel to clear the same of brush, trees, noxious weeds, or other growths, and, in default, for empowering the city, by its workmen or others, to enter and effect such clearing and to enter the cost thereof in the real-property tax roll with respect to such parcel;

Disposal of waste

(s) for requiring manufacturers and processors to dispose of the waste from their plants in the manner directed by the by-law;

Mill-waste

(t) for defining mill-waste, and for regulating the disposal thereof, and for compelling the owners or operators of mills of all kinds to dispose of mill-waste in the manner directed by the by-law;

Standard of maintenance

(u) for requiring the owners or occupants of real property to maintain the said property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood; and, where the premises are not occupied by the owner thereof, for providing (after the giving of notice as hereinafter provided) that in default of such maintenance the city may, by its workmen or others, enter and effect such maintenance at the cost of the person so defaulting; no such work shall be undertaken by the City until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

Graffiti

(v) for prohibiting, for the purpose of preventing unsightliness on real property, persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place.

1953-55-323; 1955-114-12; 1958-72-22,23; 1966-69-13; 1972-67-26; 1973-93-12; 1974-104-35; 1989-73-5; 1990-76-7; 2003-39-101; 2009-22-83; 2020-1-10.

By-laws respecting impoundment and keeping of animals

324.   The Council may make by-laws providing

Impounding of animals

(a) for the seizure, impounding, and detention of unlicensed dogs and of dogs, horses, cattle, and other animals unlawfully permitted to be upon a street or at large;

Pound charges

(b) for reasonable charges to be imposed by the city for their seizure, impounding, and detention and their maintenance while impounded;

Disposition of impounded animals

(c) for their sale or destruction in cases where such charges are not paid or where under the terms of the by-law such sale or destruction is prescribed;

Pounds

(d) for establishing and maintaining such buildings, yards, enclosures, and other facilities for the keeping and disposition of impounded animals as may be necessary;

Pound-keeper

(e) for the appointment of a pound-keeper and assistants;

Dogs to be muzzled

(f) for requiring that owners, possessors, and harbourers of dogs, or any class of dogs, shall keep them effectively muzzled while they are at large or upon a street, or shall keep them on leash, or under the control of a competent person while upon a street, as the by-law may direct;

Keeping of animals

(g) for regulating the keeping of horses, dogs, cows, goats, swine, rabbits, and other animals, and for defining areas within which such animals may be kept or within which the keeping of them is prohibited;

Regulations of kennels, etc.

(h) for regulating kennels or other places for the care, breeding, hospitalization, or boarding of cats, dogs, or other animals, including mink, foxes, and other undomesticated animals, and for defining areas within which such kennels or places shall be permitted or within which they are prohibited;

Keeping of birds

(i) for regulating the keeping of domestic poultry, pigeons, and other birds, and for defining areas within which such birds may be kept or within which the keeping of them is prohibited;

Seizure of any dog that bites

(j) for the seizure, impounding and detention for a period of up to 21 days of any dog alleged to have bitten a person.

1953-55-324; 1987-52-27.

Dangerous dogs

324.1   (1) In this section:

"animal control officer" means

(a) an employee, officer or agent designated by the Council as an animal control officer for the purposes of this section, or

(b) a peace officer;

"dangerous dog" means a dog that

(a) has killed or seriously injured a person,

(b) has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or

(c) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person.

(2) In addition to the authority under section 324 but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the animal is a dangerous dog.

(3) Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (b) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of

(a) attempting to prevent a person from committing an unlawful act, or

(b) performing law enforcement work.

(4) An animal control officer may enter a place to exercise the power under subsection (2),

(a) in any case, with the consent of the owner or occupier of the place,

(b) in any case, in accordance with a warrant under subsection (5) or (6), or

(c) if the circumstances referred to in subsection (8) apply, in accordance with that subsection.

(5) If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that there is a dangerous dog in a place, a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.

(6) If

(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and

(b) the officer believes on reasonable grounds that there is a dangerous dog in a place,

the officer may apply for a warrant in accordance with the regulations under subsection (7).

(7) The Lieutenant Governor in Council may make regulations respecting the authority and procedure for warrants under subsection (6).

(8) Subject to subsection (9), an animal control officer may, without a warrant, enter and search any place except a place that is occupied as a private dwelling, and seize a dog, if the officer believes on reasonable grounds that

(a) the dog is a dangerous dog,

(b) the dog presents an imminent danger to the public, and

(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.

(9) For the purposes of subsection (8), an animal control officer who is not a police officer must be accompanied by a police officer.

(10) In addition to any other authority, if an animal control officer has reasonable grounds to believe that a dog is a dangerous dog, the officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.

(11) A dog that has been seized under this section may not be impounded and detained for more than 21 days unless court proceedings for a destruction order are commenced within that time.

(12) Section 324 (b) applies in relation to seizure under this section.

2000-26-70; 2003-52-512.

Remedial action to address nuisance or danger

324A   (1) The Council may, by resolution or bylaw, declare that any of the following is a nuisance or a danger to public health or safety and impose a remedial action requirement to address the nuisance or danger:

(a) a building, a structure, an erection of any kind, or a similar matter or thing;

(b) a natural or artificial opening in the ground, or a similar matter or thing;

(c) a drain, a ditch, a watercourse, a pond, surface water, or a similar matter or thing;

(d) a matter or thing that is in or about any matter or thing referred to in paragraphs (a) to (c);

(e) a tree;

(f) wires, cables, or similar matters or things, that are on, in, over, under or along a street;

(g) matters or things that are attached to a structure, erection or other matter or thing referred to in paragraph (a) that is on, in, over, under or along a street;

(h) any other matter or thing that is in or on any private or public land, street or road.

(2) A remedial action requirement may

(a) be imposed on one or more of the following:

(i) the owner or lessee of the matter or thing;

(ii) the owner or occupier of the land on which the matter or thing is located, and

(b) require the person to do any of the following in relation to the matter or thing:

(i) remove or demolish it;

(ii) fill it in, cover it or alter it;

(iii) otherwise deal with it as specified in the resolution or bylaw.

(3) A resolution or bylaw imposing a remedial action requirement must specify the time by which the required action must be completed.

(4) Subject to section 324D, the time specified under subsection (3) must not be earlier than 30 days after notice is given under subsection (7) or (8).

(5) The Council may, by resolution or bylaw, extend the time for completing the required action even though the time limit previously established has expired.

(6) A resolution or bylaw under this section may order that if the person subject to the remedial action requirement does not complete the required action within the time specified under subsection (3) or (5), the city may, by its officers or employees or other authorized persons, complete the remedial action at the person's expense.

(7) Notice of a remedial action requirement must,

(a) subject to subsection (8), be given by personal service or by sending the notice by registered mail to all of the following:

(i) the person subject to the requirement;

(ii) the owner of the land on which the matter or thing is located;

(iii) the occupier of that land;

(iv) any other person who, according to the records in the land title office, has a registered interest in that land, and

(b) if the resolution or bylaw under this section includes an order under subsection (6), advise that if the action required by the remedial action requirement is not completed by the date specified for compliance, the city may complete the remedial action at the expense of the person subject to the requirement.

(8) If the occupier of the land has no address to which the notice may be sent by mail, notice of the order may be given by posting the notice on or near the matter or thing to which the order relates.

2020-1-11.

Recovery of city's costs

324B   (1) If the city completes remedial action pursuant to a resolution or bylaw made under section 324A, the city may recover its costs and incidental expenses incurred in carrying out the required action as a debt due to the city in any court of competent jurisdiction.

(2) A resolution or bylaw under section 324A in relation to a building, a structure, a tree or an erection may order that if the remedial action requirement has not been satisfied by the date specified for compliance, the city may dispose of the matter or thing in relation to which the requirement was imposed, or any part or material of the matter or thing.

(3) The earliest date on which the city may carry out a disposal referred to in subsection (2) is the later of

(a) the date specified for compliance, and

(b) 60 days after the notice under section 324A (7) or (8) is given.

(4) If the city disposes of a matter, thing or any part or material of it under this section, the city

(a) may retain from the proceeds

(i) the costs incurred by the city in carrying out the disposal, and

(ii) any costs incurred by the city in completing the remedial action that have not yet been paid by the person subject to the remedial action requirement, and

(b) must pay the remainder of the proceeds to the owner or other person lawfully entitled.

(5) For certainty, the authority under this section is in addition to that provided by section 336 (b).

2020-1-11.

Remedial action to address dilapidated or unclean building, structure or erection

324C   Sections 324A and 324B also apply in relation to a building, a structure or an erection of any kind that the Council considers is so dilapidated or unclean as to be offensive to the community.

2020-1-11.

Shorter time limit in urgent circumstances

324D   If the Council considers that there is a significant risk to health or safety if action is not taken earlier, the Council may by resolution or bylaw set a time limit for taking remedial action under section 306 (1) (i), 323 (u) or 324A that is shorter than 30 days.

2020-1-12.

Part XV — Health

Health Department

325.   The Council may

(a) establish a Health Department,

(b) appoint a Medical Health Officer, and

(c) designate duties and powers of the Medical Health Officer for the purposes of this Act.

2008-28-158.

Repealed

326.   [Repealed 2008-28-158.]

Repealed

327.   [Repealed 1997-25-185.]

Inspection

328.   The Medical Health Officer shall have power to cause all necessary inspections to be made in order to ascertain whether the provisions of any Statute, regulation, or by-law with respect to public health or sanitation are being carried out in the city.

1953-55-328.

Access to be permitted

329.   It shall be the duty of the owner and occupier of any real property in the city to give to the Medical Health Officer and to any member of his staff, authorized by him for the purpose, such access at any reasonable time to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable any necessary inspection to be made.

1953-55-329.

By-laws respecting health protection

330.   The Council may make by-laws

Health by-laws

(a) for providing for the care, promotion, and protection of the health of the inhabitants of the city and for preventing the spread of contagious, infectious, or other disease, and, for that purpose, for regulating, controlling, and restricting persons and their activities;

Insanitation

(b) for preventing, prohibiting, and remedying insanitary conditions and places in the city;

Food and drink to be wholesome

(c) for regulating the bringing into the city of food or drink (not being liquor as defined by the Liquor Control and Licensing Act) intended for human consumption, and for preventing and prohibiting the entry or unloading of diseased or unwholesome food or drink (not being such liquor) intended for human consumption from any aeroplane, vessel, truck, railway car, or other conveyance;

Analysis of water

(d) for providing for the periodical examination and analysis of the water supplied by the city and for tests as to its purity and wholesomeness;

Regulation of places where food kept

(e) for regulating any place or vehicle where food or drink intended for human consumption is kept, manufactured, prepared, processed, packaged, blended, or treated, or where it is displayed, offered for sale, sold, carried, or served, and if such place or vehicle or anything therein is found to be insanitary, or such food or drink is found to be unwholesome or likely to be injurious to health, for authorizing the Medical Health Officer to seize and forfeit such food or drink;

Hours for milk delivery

(f) for regulating the delivery of milk and milk products to consumers by means of vehicles, and for fixing the hours in various months of the year during which such delivery shall take place and for prohibiting it at other times;

Wells

(g) for regulating the use for human consumption of water from wells, springs, or streams, and for requiring the owner of any real property upon which there is a well from which the water is prohibited from being used for human consumption to fill the same in;

Exclusion of dogs

(h) for regulating owners and harbourers of dogs regarding the entry into, or presence of such dogs in, any place where food for human consumption is kept or offered for sale;

Regulation of pigeons, etc.

(i) for requiring owners or occupiers of buildings to prevent pigeons or other birds from perching, roosting, or nesting thereon, and for regulating the feeding of pigeons by persons other than their owners;

Abattoirs

(j) for regulating the slaughter of animals;

Requirements for multiple dwellings

(k) for regulating the use and occupation of all buildings used as dwellings, except one-family dwellings, in respect of

(i) the minimum floor-space to be provided for the occupant of each room thereof;

(ii) the minimum cubic space to be provided for the occupant of each room thereof;

(iii) the degree of ventilation, cleanliness, and access of natural light to be afforded in each room intended to be occupied;

(iv) the suitability of any such room in respect of dampness or insanitation;

(v) the maximum number of persons permitted to occupy rooms of various sizes;

(vi) the minimum bathing and toilet accommodation to be provided, based upon the number of occupants of the dwelling;

(vii) the minimum temperature to be maintained in any room while occupied;

Public lavatories

(l) for acquiring real property, and for constructing and maintaining thereon or thereunder lavatories, urinals, water-closets, and the like conveniences, and for constructing and maintaining such conveniences upon or under a street;

Infectious diseases hospital

(m) for establishing and maintaining, either within or without the city, hospitals and other places where persons suffering from, or suspected to be suffering from, contagious or infectious diseases may be isolated and treated;

Homes for disabled

(n) for establishing and maintaining, either within or without the city, homes for aged, infirm, or disabled persons;

Non-complying premises not to be occupied

(o) in cases where any Statute, by-law, or regulation with respect to health is not complied with, for empowering the Medical Health Officer to cause a notice to be posted on any premises requiring that they be not occupied or used for human habitation, and thereafter for compelling any person in occupation of such premises to vacate them, and for preventing other persons from entering or occupying them;

Restaurants, etc., subject to regulation

(p) for regulating restaurants, and places where prepared food or drink is served to the public, in all respects so far as the health of their patrons is concerned, and particularly

(i) as to the sterilization and cleansing of receptacles for food or drink;

(ii) as to toilet and other accommodation;

(iii) as to such medical or laboratory examination of employees as the Medical Health Officer may prescribe for the detection of contagious or infectious disease;

(iv) empowering the Medical Health Officer to require such employees as in his opinion are likely to spread such disease to cease from their employment until he is satisfied that the danger of such spreading is past;

Remedy of inadequate utilities

(q) for providing that where, in the opinion of the Medical Health Officer, any building used for dwelling purposes (other than a one-family dwelling) is being inadequately provided with heat, light, water, or similar utilities, he may cause a notice to be posted on the premises requiring the owner to remedy the inadequacy in the manner described in the notice, and for providing that if such inadequacy is not remedied within 24 hours the Medical Health Officer or any person authorized by him may enter on the premises and do all such things as may be necessary to remedy such inadequacy, and for providing that the cost thereof may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of such cost in the real-property tax roll with respect to such premises.

1953-55-330; 1978-41-25; 1997-25-186.

Part XVI — Cemeteries or Related Property

Council powers in relation to cemeteries and related property

331.   The Council may

(a) acquire real property within or without the city to be used for cemetery, mausoleum, crematorium or columbarium purposes, and lay out, develop, improve, maintain, regulate, and operate cemeteries, mausoleums, crematoriums and columbaria;

(b) regulate the interment or other disposition of the dead in such cemeteries, mausoleums, crematoriums and columbariums;

(c) prohibit the violation of, or damage to, any improvements or fixtures within cemeteries, including mausoleums, columbariums, vaults, monuments, graves or grave-stones;

(d) establish the terms and conditions under which, and the fees for which, persons may acquire the right to make use of areas or plots in cemeteries, mausoleums, crematoriums and columbariums for the interment of the dead;

(e) establish, set aside, and maintain a fund to defray the perpetual upkeep and care of a cemetery, mausoleum, crematorium, columbarium, or part of any of these, and accept from any person having the right to make use of any area or plot therein, and place in such fund, a capital sum for which the city may agree to ensure perpetual upkeep and care of the cemetery, mausoleum, crematorium or columbarium, or any part of these, and invest the fund in the same manner as sinking funds are to be invested under Part V of this Act.

2004-35-91.

Repealed

332.   [Repealed 2004-35-92.]

Part XVII — Penalties

Fines and penalties

333.   (1) Subject to subsection (2), the Council may make by-laws for the purposes of enforcing its by-laws, including establishing one or more of the following penalties to which a person convicted of an offence in a prosecution under the Offence Act is liable:

(a) a minimum fine;

(b) a maximum fine of up to $50 000;

(c) in the case of a continuing offence, for each day that the offence continues either or both of

(i) a minimum fine under paragraph (a), or

(ii) a maximum fine under paragraph (b);

(d) imprisonment for not more than 6 months.

(2) The Council may not impose a fine, imprisonment or other penalty under subsection (1) for the contravention of a provision of a by-law made under section 317 (1) or 318 (1) that regulates or fixes the rate of speed at which a person may drive or operate a vehicle on a street.

(3) If no other penalties are established in relation to an offence referred to in subsection (1), the penalties established by section 4 [general penalty] of the Offence Act apply.

(4) In a prosecution for an offence against a city by-law, the justice or court may impose all or part of the penalties applicable in relation to the offence, together with the costs of prosecution.

2009-22-84; 2020-1-13.

Repealed

333A.   [Repealed 1988-67-4.]

Enforcement of bylaws

333B.   (1) Subject to subsection (2), without limiting the available remedies, the authority of the Council to deal with a contravention of a bylaw includes the following:

(a) prosecution of the offence in accordance with the Offence Act;

(b) proceedings under sections 482 to 482.91 of this Act;

(c) subject to the regulations under the Local Government Bylaw Notice Enforcement Act, proceeding by bylaw notice under that Act;

(d) civil proceedings authorized under this Act.

(2) If a matter is prescribed for the purpose of section 4 (2) of the Local Government Bylaw Notice Enforcement Act and Council adopts or has adopted a bylaw in relation to the matter, Council may only enforce the bylaw by bylaw notice under that Act.

2003-60-37; 2007-6-44.

Additional sentencing powers in relation to Offence Act prosecutions

333C.   (1) If a person is convicted of an offence

(a) under subsection (3), or

(b) against a city bylaw in a prosecution commenced by an information in Form 2 under the Offence Act,

in addition to the penalty established in accordance with section 333, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order

(c) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(d) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(2) An order under subsection (1) must specify the duration of the order, which may not exceed one year.

(3) A person who fails to comply with an order under subsection (1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or both.

(4) For the purposes of section 43 (3) of the Provincial Court Act, a fine imposed in a prosecution for an offence under subsection (3) is deemed to be a fine imposed for the contravention of a bylaw of the city.

(5) If a person is convicted of an offence referred to in subsection (1) (a) or (b), on application by the city or another person for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

(a) to pay to the city or to the other person compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act, for any damage or loss sustained by the city or other person because of the commission of the offence, and

(b) in accordance with the schedule of costs prescribed under section 132 (2) (h) of the Offence Act, to pay to the city the costs incurred by the local government in investigating and prosecuting the person.

(6) In the case of a dispute, the amount of compensation payable under subsection (5) (a) must be proven on a balance of probabilities by the city or the other person.

(7) An order under subsection (5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

2003-60-37.

Civil proceedings by city

334.   (1) A by-law of the Council or of the Board of Parks and Recreation may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in a proceeding brought by the city or by the Board of Parks and Recreation, as the case may be.

(2) In addition,

(a) a by-law referred to in subsection (1) may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in an action brought by a registered owner of real property in the city, and

(b) a zoning by-law within the meaning of Part XXVII may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in an action brought by an incorporated society that represents registered owners of real property in the city who are affected by such a by-law.

(3) It is not necessary for the Provincial government, the Attorney General or an officer of the Provincial government to be party to an action or other proceeding under this section.

(4) This section applies without limiting the right to enforce any proprietary, contractual or other rights, and in addition to any other remedy provided or penalty that has been or may be imposed.

2006-3-28.

Powers of Justice of the Peace

335.   Every fine and penalty imposed under the authority of this Act may, unless other provision is specially made therefor, be recovered and enforced with costs on summary conviction before a Justice of the Peace.

1953-55-335; 2007-14-201.

Expense may be recovered from defaulter

336.   Whenever the Council is empowered to require any person to do any matter or thing and if he defaults, to have the matter or thing done and charge the person so defaulting with the expense incurred, the Council shall have power to procure the matter or thing to be done and to authorize workmen and others to enter any premises for the purpose of doing so, and thereafter may

(a) recover the expense so incurred as a debt due the city in any Court of competent jurisdiction; or

(b) if such person appears by the Collector's roll to be the owner, or owner under agreement, of a parcel of real property in respect of which the default occurs, direct that the amount of the expense so incurred (after certification by the Director of Finance) be inserted in the real-property tax roll as a charge imposed with respect to such parcel.

1953-55-336; 1965-68-29.

Delegation of power to board or tribunal

336A.   Council may by by-law or resolution empower any board or tribunal constituted under this Act, or any inspector, official, or other person, to order or direct any person

(a) to discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of any by-law or any terms or conditions specified by such board or tribunal; or

(b) to carry out any work or do anything to bring any land or building into conformity with the by-law applicable thereto, or into conformity with any terms or conditions specified by any such board or tribunal.

1964-72-11; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Violation of by-law

336B.   (1) Whenever any such board or tribunal or any such inspector or official is empowered, pursuant to a by-law, to require any person by order, direction, or notice

(a) to discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of any by-law or any terms or conditions specified by such board or tribunal; or

(b) to carry out any work or do anything necessary to bring any land or any building into conformity with the by-law applicable thereto or into conformity with any terms or conditions specified by any such board or tribunal,

the by-law may provide that failure on the part of the person to whom the order, direction, or notice is given to comply therewith within the time specified shall constitute a violation of the by-law.

(2) The onus would be on the prosecution to prove that any order given under section 336A was a lawful order.

1964-72-11; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Responsibility for by-law violation in building

336C.   Notwithstanding anything else contained in this Act, wherever Council has power to regulate buildings occupied as multiple dwellings or any person carrying on the business of renting accommodation therein, it may provide that the owner or person having actual control of such building shall, after reasonable notice thereof, be deemed to be responsible for any violation of any by-law passed pursuant to such power and shall be liable to the penalties provided therein.

1973-93-13.

Note on title about building that is unsafe or contravenes by-law

336D.   (1) Where, during the course of carrying out his duties, the City Building Inspector observes a condition, with respect to land or a building or structure, that he considers

(a) to be a contravention of a by-law or regulation relating to the construction or safety of buildings or structures, or

(b) as a result of that condition, a building or structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or

(c) the contravention is of a nature that a purchaser, unaware of the contravention, would suffer a significant loss or expense if the by-law were enforced against him

he may, in addition to any other action that he is authorized or permitted to take, recommend to Council that a resolution under subsection (2) be considered.

(2) A recommendation under subsection (1) shall be given to the City Clerk in writing and the City Clerk shall, after notifying the registered owner of the land with respect to which the recommendation relates, place the matter before the Council. After hearing the City Building Inspector and the owner, if he elects to be heard, the Council may confirm the recommendation of the City Building Inspector and may pass a resolution directing the City Clerk to file a notice in the land title office stating that

(a) a resolution relating to that land has been made under this section, and

(b) further information respecting it may be inspected at the offices of the City Clerk

and the City Clerk shall ensure that all records are available for that purpose.

(3) Where the Registrar of Land Titles receives a notice under subsection (2) he shall, on payment of the fees payable under the Land Title Act, make a note of the filing against the title to the land that is affected by the notice.

(4) The City Clerk shall, on receiving a report from a building inspector that the condition that gave rise to the filing of the notice under subsection (2) has been rectified, file a cancellation notice in the land title office, and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related.

(5) In the event of any omission, mistake or misfeasance by the Registrar or his employees in relation to the making of a note of the filing under subsection (3) after the notice is received by the land title office

(a) the Registrar is not liable and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,

(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and

(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.

(6) An owner of land with respect to which a notice has been filed under this section may apply to the Council for a resolution that the note be cancelled, and the Council may, after considering the application, pass a resolution directing the City Clerk to file a cancellation notice.

(7) Where a resolution has been passed under subsection (6), the City Clerk shall file a cancellation notice in the land title office and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related.

(8) Where the Council does not pass a resolution under subsection (6), the owner may apply to the Supreme Court and notify the city to attend before the Court to show cause why the note should not be cancelled, and the Court may, after reviewing any evidence that the owner and city may adduce, make an order directing the Registrar to cancel the note made under subsection (3) and the Registrar shall, on receiving the order, cancel the note accordingly.

(9) The note of a filing of a notice under this section is extinguished when a new title to the land issues in consequence of the deposit of a plan of subdivision or a strata plan.

1987-52-28; 2004-66-165.

Part XVIII — Department of Industrial Development

Department of Industrial Development may be established

337.   The Council shall have power to establish and maintain a Department of Industrial Development and to appoint an Industrial Commissioner as head thereof. The Department shall assemble and make available statistics and information for the following and such other purposes as the Council may direct: —

(a) To bring the advantages of the city as a location for industry to the notice of manufacturers and others:

(b) To publicize the facilities and amenities of the city as a place of residence.

1953-55-337.

Part XIX — Professional Contests and Exhibitions

Power to prohibit professional contests and exhibitions

338.   The Council may, by bylaw, prohibit a professional contest or exhibition, including a professional contest or exhibition for which an event permit is required under the Athletic Commissioner Act.

2012-29-51.

Part XX — Real-Property Taxation

Repealed

339.   [Repealed 1974-114-17.]

Repealed

340-348.   [Repealed 1977-30-150, proclaimed effective September 30, 1977.]

Contiguous parcels

349.   Where contiguous parcels have been assessed as one parcel under section 5 of the Assessment Act, such parcels, whether owned by the same person or not, for the purpose of taxation and the collection of real-property taxes shall be deemed to constitute one parcel.

1977-30-151, proclaimed effective September 30, 1977.

Repealed

350.   [Repealed 1977-30-152, proclaimed effective September 30, 1977.]

Apportionment of taxes on subdivision

351.   (1) On satisfactory evidence being produced to the assessor that a parcel of land on which taxes are due has been subdivided by a duly registered plan of subdivision, or that part of any other parcel of land on which taxes are due has been sold and a deed executed and delivered to the purchaser, the assessor may by certificate under his hand apportion the assessment and the Collector may apportion the taxes as between the several parts of the subdivided parcel shown on the plan or as between the part of the other parcel so sold and conveyed and the remainder of the parcel.

(2) The Collector may then receive payment of the taxes so apportioned in respect of any part of the subdivided parcel or in respect of the part of the other parcel so sold and conveyed, and leave the remainder of the subdivided parcel or other parcel, as the case may be, chargeable with the remainder of the taxes due.

1977-30-152, proclaimed effective September 30, 1977.

Repealed

352-367.   [Repealed 1977-30-152, proclaimed effective September 30, 1977.]

Repealed

368.   [Repealed 1969-45-22.]

Repealed

369-371.   [Repealed 1977-30-152, proclaimed effective September 30, 1977.]

Estimates and Rating By-law

Annual estimates

372.   In each year as soon as possible after receiving the revised assessment roll, the Council shall consider the report submitted by the Director of Finance pursuant to section 219, and shall cause to be prepared and shall adopt the estimates for the current year. The estimates so adopted shall show the anticipated revenues of the city from every source and the anticipated expenditure for that year.

1953-55-372; 1965-68-29; 1998-22-31; 2003-66-59.

Annual rating by-law

373.   (1) As soon as the estimates for the year have been adopted, the Council must adopt a rating by-law for that year based on those estimates.

(2) The rating by-law must, subject to the limitations provided in this Act, establish a rate of levy on every parcel of real property liable to taxation on the real property assessment roll prepared under the Assessment Act to raise the amount by way of real property taxes that, added to the estimated revenue of the city from other sources, will be sufficient to pay all debts and obligations of the city falling due within the year that are not otherwise provided for.

(3) Before adopting the rating by-law, the Council must consider the rates of levy proposed for each property class in conjunction with the objectives and policies set out in the report under section 219 (2) (b) [property tax distribution].

2007-24-47.

Levy on net taxable value

374.   In the rating by-law the levy shall, with respect to each parcel, be on the net taxable value of land and improvements as shown on the real-property assessment roll prepared pursuant to the Assessment Act, subject to any variation that may have resulted from an appeal, or as adjusted under a by-law adopted pursuant to section 374.4.

1977-30-154, proclaimed effective September 30, 1977; 1992-70-33.

Interpretation

374.1   In sections 374.2 to 374.5 "property class" means a class of property prescribed under section 19 (14) of the Assessment Act.

1992-70-34; 1997-25-187.

Variable property tax rate system

374.2   (1) Notwithstanding the provisions of any Act, the Council shall adopt a variable tax rate system under which individual rates of levy are determined and imposed for each property class.

(2) [Repealed 1992-70-35.]

1990-31-14; 1992-70-35.

Limits on variable tax rate system

374.3   (1) The Lieutenant Governor in Council may make regulations respecting the variable tax rate system provided for in section 374.2, including regulations

(a) prescribing limits on levy rates,

(b)</