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This Act is current to April 29, 2025 | |||
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
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:—
2. In this Act, and in any by-law passed pursuant to this Act, unless the context otherwise requires,
"animal control officer" means
(a) an employee, officer or agent designated by the Council as an animal control officer for the purposes of this Act, or
"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;
"fee" includes a fee by any name, including a charge;
"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;
"transit-oriented area" means an area within a prescribed distance from a transit station;
"transit station" means
(a) a prescribed bus stop, bus exchange, passenger rail station or other transit facility, and
(b) a planned, prescribed bus stop, bus exchange, passenger rail station or other transit facility.
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; 2023-16-13; 2023-48-12; 2024-3-10.
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];
(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) Division 6 [Ministerial Regulations] of Part 6 [Financial Management];
(b) section 193.1 [interest calculation];
(c) section 223 [exemptions under regulations];
(d) 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;
(d) the Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14;
(e) the Municipalities Enabling and Validating Act (No. 5), S.B.C. 2023, c. 3.
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; 2021-16-18; 2023-22-3.
2.2 In addition to any other variation authority that is specifically provided under this Act, a regulation that may be made by the Lieutenant Governor in Council or a minister under any provision of this Act may
(a) establish different classes of by-laws, parts or areas of the city, persons, property, circumstances, things and other matters,
(b) make different provisions, including exceptions, for different classes referred to in paragraph (a), and
(c) make different provisions, including exceptions, for different by-laws, different parts or different areas of the city or different persons, property, circumstances, things and other matters.
2023-32-44.
3. (1) If this Act requires notice to be given or published in accordance with this section, the notice must be published in accordance with section 3.1 or 3.2, as applicable.
(2) If a 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.
(3) The Council may provide any additional notice respecting a matter that it considers appropriate, including by the internet or other electronic means.
2021-30-49.
3.1 (1) Unless the Council has adopted a bylaw under section 3.2, and subject to subsection (3) of this section, a notice must be published
(a) 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 this Act provides otherwise, once each week for 2 consecutive weeks.
(2) The obligation under subsection (1) 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.
(3) If publication under subsection (1) is not practicable, the notice may be given in the areas by alternative means so long as the notice
(a) is given within the same period as required for newspaper publication,
(b) is given with the same frequency as required for newspaper publication, and
(c) provides notice that the Council considers is reasonably equivalent to that which would be provided by newspaper publication.
(4) As an exception, subsection (3) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.
2021-30-49.
3.2 (1) The Council may, by bylaw, provide for alternative means of publishing a notice instead of publishing the notice in a newspaper in accordance with section 3.1 (1) (a) and (b).
(2) A bylaw adopted under this section must specify at least 2 means of publication by which a notice is to be published, not including making it available for public inspection at the City Hall.
(3) Subject to the regulations, the Council may specify, in a bylaw adopted under this section, any means of publication, so long as, before adopting the bylaw, the Council considers the principles prescribed by regulation under subsection (6) (a).
(4) A bylaw adopted under this section may not provide for different means of publication for different matters for which notice is required.
(5) If a bylaw is adopted under this section, the applicable notice referred to in section 3 (1)
(a) must be published by the means specified in that bylaw,
(b) subject to the regulations and unless this Act provides otherwise, must be published at least 7 days before the date of the matter for which notice is required, and
(c) if a period is prescribed for the purpose of this paragraph and unless this Act provides otherwise, must be published in the prescribed period before the date of the matter for which notice is required.
(6) The minister may make regulations as follows:
(a) prescribing the principles that must be considered before adopting a bylaw under this section;
(b) prescribing one of the means of publication that must be specified in a bylaw adopted under this section;
(c) requiring that one or more of the means of publication specified in a bylaw adopted under this section be selected from the prescribed means;
(d) for the purpose of subsection (5) (b), prescribing a number of days, other than 7 days, before the date of the matter for which notice is required;
(e) for the purpose of subsection (5) (c), prescribing a period of time.
2021-30-50.
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.
5. If an employee is absent, dies or otherwise ceases to hold office and a deputy has not been appointed under section 4 for the employee, the Mayor may, in writing, appoint a person to act in the employee's office until the Council determines otherwise.
2022-15-32.
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:
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
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.
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.
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
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 fourth year after that.
(2) General voting day for a general local election must be the third Saturday of October in the year of the election.
1993-54-61; 2014-19-115; 2014-19-185; 2021-30-56,Sch 2.
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;
(a.1) the office becomes vacant under section 39.1 [disqualification — indictable offence];
(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; 2022-15-33.
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.
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.
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.
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.
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.
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
17. (1) If this Act requires notice to be given in accordance with this section, the notice must be given in accordance with section 3.
(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; 2021-30-51.
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.
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.
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.
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 the person's 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 the person is able to make the translation and will do so to the best of the person's 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; 2022-15-74,Sch 2; 2022-15-77,Sch 5.
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;
(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.
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:
(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.
1993-54-61; 2014-19-121; 2021-5-85.
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;
(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;
(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.
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.
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.
27. The Council may, by by-law, limit registration of electors to registration at the time of voting.
1999-37-289.
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.
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.
30. (1) A person may register as a resident elector immediately before voting by
(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.
30.1 (1) A person may register as a non-resident property elector immediately before voting by
(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.
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.
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.
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.
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 forty-sixth 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 thirty-sixth 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.
1993-54-61; 1994-52-142; 1999-37-293; 2008-5-41; 2021-30-56,Sch 2.
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 thirty-sixth 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
(b) the name of the person who made the objection, and
(c) the basis on which the objection is made.
1993-54-61; 2021-30-56,Sch 2.
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
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;
(b.1) a person who is disqualified under section 39.1;
(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;
(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; 2022-15-34.
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 to the employee's employer written notice 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
(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; 2022-15-35.
39.1 (1) A person who is convicted of an indictable offence is disqualified from being nominated for, being elected to or holding office on the Council or Park Board from the date of the conviction until the date on which the person is sentenced.
(2) If a person elected or appointed to Council or the Park Board is convicted of an indictable offence, the person's office becomes vacant on the date of the conviction.
(3) For certainty, a person whose office becomes vacant under subsection (2) and whose conviction is overturned on appeal is not entitled, if the term of office for which the person was elected has not ended, to take office for the unexpired part of the term.
2022-15-36.
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
41. (1) The period for receiving nominations begins at 9 a.m. on the forty-sixth day before general voting day and ends at 4 p.m. on the thirty-sixth 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; 2021-30-56,Sch 2.
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;
(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.
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.
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 the person's 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;
(g) if applicable, the name of the elector organization that proposes to endorse the person 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 the person's 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 the person 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
(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) Persons must not consent to be nominated knowing that they are not qualified to be nominated.
2014-19-125; 2021-5-86; 2022-15-37; 2022-15-74,Sch 2; 2022-15-77,Sch 5.
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.
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 twenty-ninth 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; 2021-30-52; 2021-30-56,Sch 2.
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;
(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.
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 fourth 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; 2021-30-56,Sch 2.
Division (6.1) — Candidate Endorsement by Elector Organization
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], and
(b) the candidate consents to the endorsement.
(2) To be qualified to endorse a candidate, an organization must be registered under Division 6 [Registration of Elector Organizations] of Part 2 [Candidate and Elector Organization Campaign Financing] of the Local Elections Campaign Financing Act.
(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; 2021-5-87.
45.4 (1) An organization must file the following with the chief election officer and the BC chief electoral 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) which name, abbreviation or acronym the organization wishes to have included on the ballot;
(vi) the name and required contact information of the authorized principal official of the organization;
(b) written consent of the candidate to the endorsement.
(c) and (d) [Repealed 2021-5-88.]
(2) to (5) [Repealed 2021-5-88.]
(6) Section 45 (6) to (8) [public access to nomination documents] applies in relation to endorsement documents.
2014-19-129; 2021-5-88.
45.6 An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the twenty-ninth day before general voting day,
(a) the candidate withdraws the candidate's 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; 2021-30-56,Sch 2; 2022-15-77,Sch 5.
Division (6.2) — 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 third 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; 2021-30-56,Sch 2.
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.
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;
(f) if applicable, information required to be included under section 138 (6) regarding neighbourhood constituencies or section 75 (4) regarding voting divisions.
(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.
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
52. (1) At any time up until 4 p.m. on the twenty-ninth 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,
(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; 2021-30-56,Sch 2.
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.
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 (9) — Voting Opportunities
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.
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.
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.
(2) At least 2 advance voting opportunities must be held for an election by voting,
(a) one on the tenth 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.
1993-54-61; 1999-37-307; 2008-5-63; 2014-19-139; 2021-30-56,Sch 2.
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.
(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.
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.
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.
(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 the person's 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; 2021-16-19; 2022-15-77,Sch 5.
Division (10) — Arrangements for Voting
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.
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.
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;
(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;
(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.
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.
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;
(c) an indication of a title, honour, degree or decoration received or held by a candidate.
1993-54-61; 2014-19-140.
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.
(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.
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.
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
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.
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;
(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.
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.
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.
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 the elector voted in an election.
1993-54-61; 2022-15-74,Sch 2.
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.
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 the person
(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
(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:
(b) at a special voting opportunity, the person must also sign a written declaration that the person 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; 2022-15-74,Sch 2.
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.
(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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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;
(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.
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);
(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.
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.
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.
108. (1) Before 4 p.m. on the fourth 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; 2021-30-56,Sch 2.
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
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
(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.
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.
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.
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.
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
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 the candidate 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; 2022-15-74,Sch 2.
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.
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.
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.
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
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.
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.
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:
(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:
(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.
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
(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
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.
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.
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
(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.
(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,
(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 a power, duty or function 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; 2022-15-38.
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.
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.
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.
(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.
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.
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];
(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.
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.
(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
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.
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
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.
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.
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.
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 thirtieth 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;
(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;
(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; 2021-30-56,Sch 2.
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.
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.
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.
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.
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 sixth 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; 2021-30-56,Sch 2.
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).
(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.
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
(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
137. (1) Except as established under subsection (2), by a temporary order under subsection (5) or 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.
(5) If, as a result of section 145.98, the number of Council members who may exercise their powers and carry out their duties is reduced to less than a quorum, the minister may
(a) order that the reduced number of members constitutes a quorum until the quorum requirement applicable under subsection (1) or (2) can be met, or
(b) appoint qualified persons to act on behalf of the members who are on a leave of absence under section 145.98.
1993-54-62; 2022-15-39.
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.
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.
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.
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.
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
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.
142.2 (1) Persons who are subject to applications under section 142.1 and who consider themselves qualified to hold office may continue to act in office pending the determination of the court respecting the applications.
(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; 2022-15-40.
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.
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
(a) the absence is due to illness or injury,
(b) the absence is with leave of the Council, or
(c) the Council member is on a leave of absence under section 145.98.
1993-54-62; 2014-19-162,188; 2022-15-41.
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.
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.
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.
145.2 (1) This section applies to Council members in relation to
(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 the member 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 the member was wrong respecting the member's 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 the member 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; 2022-15-74,Sch 2; 2022-15-77,Sch 5.
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.
145.4 (1) A Council member must not use the member's 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; 2022-15-77,Sch 5.
145.5 (1) In addition to the restriction under section 145.4 [restrictions on inside influence], a Council member must not use the member's 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; 2022-15-77,Sch 5.
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 the member's behalf.
2003-52-504; 2022-15-77,Sch 5.
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.
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,
(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.
145.9 (1) If the city enters into a contract in which
(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.
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.
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.
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.
145.93 (1) Without limiting section 165 (a), within 6 months after its first meeting following a general local election, the Council must decide, by resolution at a Council meeting,
(a) whether to establish a code of conduct for Council members, or
(b) if a code of conduct for Council members has already been established, whether it should be reviewed.
(2) Before making a decision under subsection (1), the Council must
(a) consider the prescribed principles for codes of conduct,
(b) consider the other prescribed matters, if any, and
(c) comply with the prescribed requirements, if any.
(3) If the Council decides, under subsection (1), not to establish a code of conduct or review an existing code of conduct for Council members, it must make available to the public, on request, a statement respecting the reasons for its decision.
2021-30-53.
145.94 (1) If the Council decides, under section 145.93, not to establish a code of conduct or review an existing code of conduct, the Council must reconsider that decision before January 1 of the year of the next general local election.
(2) In a reconsideration under subsection (1), the Council must
(a) consider the prescribed principles for codes of conduct,
(b) consider the other prescribed matters, if any, and
(c) comply with the prescribed requirements, if any.
(3) If the Council confirms the decision that is the subject of the reconsideration, the Council must make available to the public, on request, a statement respecting its reasons for confirming the decision.
2021-30-53.
145.95 The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing principles for codes of conduct for the purposes of sections 145.93 (2) (a) and 145.94 (2) (a);
(b) prescribing matters for the purposes of sections 145.93 (2) (b) and 145.94 (2) (b);
(c) prescribing requirements for the purposes of sections 145.93 (2) (c) and 145.94 (2) (c), including requirements respecting public notice or consultation.
2021-30-53.
145.96 In sections 145.97 and 145.98, "charge" does not include a charge in an information described in section 507.1 (1) of the Criminal Code that must be referred in accordance with that section.
2022-15-42.
145.97 (1) This section applies to a Council member who is charged with any of the following:
(a) an offence under the Criminal Code;
(b) an indictable offence under the Controlled Drugs and Substances Act (Canada).
(2) The Council member must, as soon as practicable, give written notice to the Council indicating
(a) the offence with which the member is charged, and
2022-15-42.
145.98 (1) A Council member who is charged with an offence referred to in section 145.97 is on a leave of absence from the member's duties on Council for a period that
(a) begins on the date of the charge, and
(i) if the member is acquitted of the offence, on the day after the date of the acquittal,
(ii) if the member is convicted of the offence, on the date of the conviction,
(iii) if the member is discharged of the offence, on the day after the date of the discharge,
(iv) if all proceedings in relation to the charge are stayed, on the day after the date of the stay, or
(v) if the charge is withdrawn, on the day after the date of the withdrawal.
(2) While on a leave of absence under this section, the Council member
(a) continues to hold office but must not exercise a power or carry out a duty as a Council member, and
(b) is entitled to remuneration and benefits to which the member would be entitled as a Council member if the member were not on the leave of absence.
(3) For certainty, a person who is on a leave of absence under this section and who is otherwise qualified to hold office is not disqualified from being nominated for, being elected to or holding office
(a) on the Council or on the Park Board,
(b) on any other local government, or
(c) as a trustee under the Islands Trust Act.
(4) A power exercised or a duty carried out by a Council member who is on a leave of absence under this section is not invalid by reason only that it was exercised or carried out in contravention of subsection (2) (a).
2022-15-42.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 chair 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; 2022-15-44.
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.
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.
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.
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.
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.
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) establish and impose 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; 2023-16-14.
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.
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.
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.
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.
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.
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 or committee meeting may be conducted by means of electronic or other communication 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; 2021-16-20; 2022-15-45.
165. The Council may by by-law provide for
(a) the conduct of Council members at meetings of the Council and its committees;
(b) the fixing of a quorum for meetings of committees of Council;
(c) the means and length of notice of such meetings to be given to their members;
(d) the minutes or other records of the business transacted by the Council and its committees;
(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;
(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;
(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.
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.
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.
(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; 2022-15-46.
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.
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.
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.
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;
(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;
2012-29-51; 2018-23-44.
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.
165.9 (1) If permitted under the rules governing the procedures of the body and the requirements of subsection (2) are met, a meeting of a body referred to in section 165.7 (a), (b), (e), (f), (g), (h), (i) or (j) may be conducted by means of electronic or other communication facilities.
(2) The following requirements apply in relation to a meeting referred to in subsection (1):
(a) the facilities must enable the meeting's participants to hear, or watch and hear, the meeting;
(b) except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the meeting.
(3) Members of a body who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.
2022-15-47.
165.91 (1) If permitted under the rules governing the procedures of the body and the requirements of subsection (2) are met, a member of a body referred to in section 165.7 (a), (b), (e), (f), (g), (h), (i) or (j) who is unable to attend in person at a meeting of that body may participate in the meeting by means of electronic or other communication facilities.
(2) The following requirements apply in relation to a meeting referred to in subsection (1):
(a) the facilities must enable the meeting's participants to hear, or watch and hear, the participation of the member;
(b) except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the participation of the member.
(3) Members of a body who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.
2022-15-47.
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.
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 the member's signature, and thereupon the City Clerk shall affix the common seal of the city thereto.
1955-55-167; 2022-15-76,Sch 4.
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.
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.
170. Cheques shall be signed by such persons, or otherwise authenticated in such manner, as the Council shall determine.
1953-55-170.
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.
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.
173. (1) If an emergency within the meaning of the Emergency and Disaster Management Act arises in the city, the Council has the powers provided under that Act.
(2) If another form of emergency arises in the city, the Council may declare that the emergency exists and provide for the necessary powers to deal with the emergency.
2023-37-205.
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.
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.
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.
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.
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;
(d) produce records or things in the person's possession or control.
2007-9-106.
178. The fees of the barrister and of any witness called by the barrister or by the city shall be payable by the city.
1953-55-178; 2022-15-75,Sch 3.
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.
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) If any of the circumstances set out in subsection (2.1) apply, the council may, by a vote of not less than two-thirds of its members, provide for the payment of an amount required for the protection, defence or indemnification, together with costs necessarily incurred and damages recovered, of any of the following:
(a) an officer or employee of the city;
(c) a public service organization.
(2.1) For the purposes of subsection (2), the circumstances are as follows:
(a) an action or prosecution is brought against the person in connection with the performance of the person's duties;
(b) an inquiry under the Public Inquiry Act or another proceeding involves the administration of a department of the city or the conduct of a part of the civic business.
(2.2) The council must not pay a fine imposed on an officer or employee for conviction of 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 their 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 employment of the officer, employee or member, or
(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; 2022-15-48; 2022-15-76,Sch 4.
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.
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.
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.
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.
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.
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.
189. The Council may provide for the good rule and government of the city.
1953-55-189.
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.
"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.
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.
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.
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.
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.
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.
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.
"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 and impose 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 (1) 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; 2023-16-15; 2024-11-25.
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.
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.
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
(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.
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
(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.
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, a person may obtain from the City Clerk copies or excerpts, as requested, of a report under subsection (1).
1993-59-47; 2003-52-508; 2023-16-16.
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.
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.
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.
199.01 (1) The Council may, by by-law, establish and impose a fee payable in respect of
(a) all or part of a service of the city,
(b) the use of city property, or
(c) the exercise of authority to regulate or impose requirements.
(2) Without limiting subsection (1), a by-law under this section may do one or more of the following:
(a) apply outside the city, if the by-law is in relation to an authority that may be exercised outside the city;
(b) base the fee on any factor specified in the by-law and establish different rates or levels of fees in relation to different factors;
(c) establish fees for obtaining copies of records that are available for public inspection;
(d) establish terms and conditions for payment of a fee, including discounts, interest and penalties;
(e) provide for the refund of a fee.
(3) For the purposes of a by-law under subsection (2) (b), the by-law may make different provisions for different areas, times, conditions or circumstances as described by by-law.
(4) As exceptions but subject to subsection (5), the Council may not establish or impose a fee under this section
(a) in relation to Part I [Electors and Elections] or II [Assent Voting], or
(b) in relation to any other matter for which this or another Act specifically authorizes the establishment or imposition of a fee.
(5) The Council may establish and impose a fee referred to in section 59 (3) [fees for providing disclosure records] of the Local Elections Campaign Financing Act under either that section or this section.
(6) The city must make available to the public, on request, a report respecting how a fee established and imposed under this section was determined.
(7) The Council may not establish or impose a toll on the use of streets unless specifically provided by a Provincial or federal enactment.
2023-16-17.
199.02 (1) Subject to subsection (2), if a provision in this Act specifically authorizes the establishment and imposition of a fee, the Council may do in the by-law anything described in section 199.01 (2) and (3).
(2) Subsection (1) does not apply to by-laws made under sections 292 (1) (h) or (i), 300.1, 302, 565 (i), 565A (1) (f) and 566 (2).
(3) The city must make available to the public, on request, a report respecting how a fee was determined that is established and imposed under a provision that specifically authorizes the establishment and imposition of a fee.
2023-16-17; 2024-11-26.
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
(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.
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.
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.
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.
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.
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.
204. The Council may provide for the expenditure of money for
(a) the reception, entertainment, or other suitable recognition of guests or persons of importance whom the Council deems worthy thereof;
(b) the celebration of any anniversary or other patriotic event deemed by the Council to be desirable;
(c) the relief of persons experiencing 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.]
(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;
(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;
(h) awarding medals or rewards to employees of the city who distinguish themselves in or about the course of their employment;
(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;
(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;
(j) acquiring real property for and establishing thereon and equipping, improving, maintaining, and providing for the management of
(iv) civic office buildings, workshops, and yards;
(vi.1) heritage property or land necessary for the conservation of heritage property;
(vii) Juvenile Courts and detention homes;
(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 the member's duties.
1953-55-204; 1970-54-12; 1993-59-48; 1994-43-88; 2022-15-76,Sch 4; 2023-10-1155.
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.
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.
1953-55-205; 2022-15-49.
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
(a) any charitable institution;
(b) any animal or poultry society or association;
(c) The British Columbia Society for the Prevention of Cruelty to Animals;
(d) the Archives of Vancouver;
(e) any society or association promoting the production of music, whether by bands, orchestras, or otherwise;
(f) the Vancouver General Hospital or any other hospital which in the opinion of Council provides similar services;
(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;
(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;
(i) any association comprised of municipalities which the Council deems it is in the interest of the city to belong to or assist;
(j) any organization deemed by the Council to be contributing to the culture, beautification, health, or welfare of the city;
(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.
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).
(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.
(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 provided to the City Clerk, who shall determine whether the petition is sufficient, and the City Clerk's 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.
(3) This section shall come into force by proclamation of the Lieutenant Governor in Council.
1958-72-14; 1978-41-17; 1980-38-18, proclaimed effective August 28, 1980; 1993-54-67; 2022-15-50; 2022-15-76,Sch 4.
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.
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.
Part IV — Duties of Mayor, Director of Finance, City Clerk, City Treasurer, and Auditors
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 the Deputy Mayor 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; 2022-15-75,Sch 3.
208. The Mayor shall
(a) be vigilant and active at all times in causing the law for the government of the city to be duly enforced and obeyed;
(b) recommend to the Council such measures as the Mayor shall deem expedient;
(c) oversee and inspect the conduct of all employees of the city under the jurisdiction of the Council, and, so far as the Mayor can, cause all negligence or misconduct by any such employee to be punished;
(d) suspend an employee from the performance of the employee's duties if the Mayor considers it necessary. 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
In every case the suspension shall be without pay, unless the Council otherwise directs.
1953-55-208; 1965-68-29; 2022-15-51; 2022-15-73,Sch 1.
209. (1) If the Mayor is absent from the city or otherwise unable to perform the duties of Mayor, the Mayor provides notice that the Mayor will be absent from the city or otherwise unable to perform the duties of Mayor or the Mayor's seat is vacated, the Council may appoint a Councillor to be Acting Mayor.
(2) An Acting Mayor has all the powers and duties of the Mayor other than taking the place of the Mayor as Chair of the Board of Administration unless the Councillor member of the Board is absent from the city or otherwise unable to act as Chair of the Board.
2022-15-52.
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.
211. The Director of Finance may, whenever the Director of Finance 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; 2022-15-73,Sch 1.
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;
(d) over all other financial affairs of the city.
1953-55-212; 1965-68-29; 1985-89-2.
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 the Director of Finance, or by some person authorized by the Director of Finance for the purpose.
1953-55-213; 1958-72-15; 1965-68-29; 2022-15-75,Sch 3.
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 the Director of Finance draws a warrant for their payment.
1953-55-214; 1965-68-29; 2022-15-73,Sch 1.
215. With the exception of small amounts necessary, in the opinion of the Director of Finance, to meet an emergency, the Director of Finance shall not draw a warrant for payment unless such payment has been authorized by the Council.
1953-55-215; 1965-68-29; 2022-15-73,Sch 1; 2022-15-76,Sch 4.
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.
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.
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.
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];
(b.1) the provision of development potential relief under section 374.6;
(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; 2022-26-3.
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.
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.
222. The City Clerk shall have the custody of all by-laws from the time they are introduced, and, having seen to their proper completion, the City Clerk shall preserve and keep the originals thereof.
1953-55-222; 2022-15-53; 2022-15-73,Sch 1.
223. The City Clerk, or someone authorized by the City Clerk, shall be available to attend all meetings of the Council and its committees in a secretarial capacity.
1953-55-223; 2022-15-53; 2022-15-75,Sch 3.
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 the City Clerk's 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; 2022-15-76,Sch 4.
225. The City Clerk shall have the custody of the common seal of the city, and shall cause it to be affixed as required.
1953-55-225; 2022-15-53.
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.
227. The City Treasurer 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; 2022-15-54.
228. The City Treasurer must keep a complete and accurate account of money that the City Treasurer receives or disburses.
2022-15-55.
229. The City Treasurer must, 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; 2022-15-56.
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.
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.
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 the Mayor thinks necessary.
1974-104-31; 2022-15-73,Sch 1.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
250. Debentures may be made payable to bearer, or to a named person or bearer.
1953-55-250.
251. Debentures shall be valid and recoverable to the full amount, notwithstanding their negotiation by the city at a discount.
1953-55-251.
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 the Treasurer's 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 the Treasurer, and shall enter in a book to be known as the "Debenture Registry Book" the particulars contained in such memorandum, and the Treasurer shall also enter in such book the particulars of every transfer of such debenture.
1953-55-252; 2022-15-73,Sch 1; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
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.
254. After a memorandum of ownership has been endorsed as aforesaid, the debenture shall be transferable only by entry by the City Treasurer, or the Treasurer's deputy, in the Debenture Registry Book.
1953-55-254; 2022-15-76,Sch 4.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 the Chief Licence Inspector from time to time.
1953-55-269; 1968-71-14; 2022-15-75,Sch 3.
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 the Chief Licence Inspector or the Chief Licence Inspector's staff are being carried out in the city.
1953-55-270; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
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 the Chief Licence Inspector's staff authorized by the Chief Licence Inspector 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; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
272. (1) The Council may from time to time make by-laws
(a) for providing for the licensing of any person carrying on any business, trade, profession, or other occupation;
(b) for establishing and imposing 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;
(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;
(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;
(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;
(f) for regulating every person required to be licensed under this Part, except to the extent that the person is subject to regulation by some other Statute;
(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;
(h) for licensing every person who owns, possesses, or harbours any dog;
(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;
(j) for revoking or suspending any licence;
(k) for delegating to the Chief Licence Inspector, where deemed proper, the power to grant a licence in cases where the Inspector is satisfied that the applicant therefor has complied with the requirements of the relevant by-laws;
(l) for fixing times for the payment of licence fees, and for establishing and imposing a penalty upon persons required to be licensed who fail to pay the licence fee by the times so fixed;
(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;
(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;
(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;
(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;
(q) for providing that a licensee under this Part must not refuse to sell goods or provide a service or accommodation to a person because of the person's race, creed, colour, religion, sex, sexual orientation, gender identity, gender expression, marital status, physical or mental disability, nationality, ancestry, place of origin or political beliefs;
(r) regulating the presence of persons 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; 2022-15-57; 2022-15-73,Sch 1; 2023-16-18.
"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;
has the same meaning as in the has the same meaning as in the(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.
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.
(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.
274. Licence fees imposed under this Part shall be payable in advance.
1953-55-274.
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.
276. A person who maintains more than one place at which the person carries on a business, trade, profession, or other occupation shall be deemed to be carrying on a 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; 2022-15-73,Sch 1; 2022-15-76,Sch 4.
277. The Chief Licence Inspector shall have power at any time summarily to suspend for the period specified by the Inspector 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 the holder 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 the holder's licence;
(d) has, in the opinion of such official,
(i) conducted the holder's 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.
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; 2022-15-58; 2022-15-76,Sch 4.
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.
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.
"delegation" means a delegation made under subsection (2);
"dog licence" means a licence that has been granted under a by-law described in section 272 (1) (h).
(2) The Council may, by by-law, delegate to an animal control officer the authority to suspend or revoke dog licences.
(3) Section 278 does not apply if a delegation is made.
(4) An animal control officer who acts under a delegation
(a) may suspend or revoke a dog licence on such terms as the officer may think fit,
(b) must, before revoking a dog licence, give to the licence holder an opportunity to be heard, and
(c) must give to a licence holder written reasons for suspending or revoking the holder's dog licence.
(5) Subsection (4) (b) and (c) does not apply if the licence holder cannot be found by reasonable efforts.
(6) If a licence holder's dog licence has been suspended or revoked by an animal control officer, the holder may appeal to the Chief Licence Inspector in accordance with the procedure prescribed by by-law.
(7) On considering an appeal, the Chief Licence Inspector may confirm or set aside a suspension or revocation of a dog licence on such terms as the Chief Licence Inspector may think fit.
2024-3-11.
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.
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.
(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.
(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.
"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.
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 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;
(e) that where a person possessing or using an alarm system or the person's authorized representative does not attend at the person's 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 the establishing and imposing of 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; 2022-15-59; 2022-15-76,Sch 4; 2023-16-19.
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 and impose 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; 2023-16-20.
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.
280. The Council may make by-laws
(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";
(b) for fixing a rate applicable to all businesses, trades, professions, and other occupations taxable under this Part;
(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;
(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;
(e) for exempting from the business tax such persons as may be deemed proper;
(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;
(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.
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.
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.
283. An occupier of real property shall not be freed from liability for business tax by reason only of the fact that the occupier is the owner of such real property.
1953-55-283; 2022-15-73,Sch 1.
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.
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.
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.
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.
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.
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.
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.
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.
291. The Council may provide
(a) for establishing, laying out, opening, maintaining, and improving streets, and for determining the width and boundaries of streets;
(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;
(c) for widening, altering, or diverting a street or part thereof;
(d) for the prohibition and removal of any unauthorized encroachment or obstruction under, upon, or over a street, or any part thereof;
(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;
(f) for establishing and maintaining survey monuments and bench-marks;
(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;
(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;
(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;
(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;
(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;
(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;
(l) for causing any tree upon a street to be trimmed or removed when deemed necessary in the public interest;
(m) for prohibiting any person from obstructing or impeding the flow of any stream, creek, watercourse, drain, or sewer;
(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; 2023-16-21.
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 the owner 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 the owner's 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 the owner's 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 the owner 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 the grantee 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; 2022-15-73,Sch 1; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
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.
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;
(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 and imposing 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 and imposing 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 the approving officer 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; 2022-15-73,Sch 1; 2023-16-22.
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 the person 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 the Judge 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 the Judge 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; 2022-15-73,Sch 1; 2022-15-75,Sch 3.
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 the civic public officer in the performance or intended performance of a duty or the exercise of a power or for any alleged neglect or default in the performance or intended performance of a duty or exercise of a power.
(4) In this section "civic public officer" means
(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,
(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
(c) a drainage facility or system, or
1962-82-8; 1975-37-16, effective July 1, 1975; 1987-52-21 to 23; 1993-54-70; 1994-43-91; 2016-5-37; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
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.
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 the other person, 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; 2022-15-75,Sch 3.
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.
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.
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.
300. The Council may provide
(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;
(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);
(c) for compelling payment of the rates for such water and any other charges prescribed by the by-law;
(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;
(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;
(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 terms and conditions upon which such a connection shall be installed;
(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;
(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;
(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; 2023-16-23.
"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.
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.
302. The Council may provide
(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;
(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;
(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;
(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;
(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;
(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 terms and conditions upon which such connections shall be installed;
(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;
(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;
(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;
(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;
(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;
(k) for making such regulations for the disposal of sewage and surface water as is deemed necessary in the interest of health and sanitation;
(l) for widening, deepening, straightening, diverting, or otherwise improving natural and other watercourses and protecting the same from encroachment and injury;
(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;
(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;
(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; 2023-16-24.
303. The Council may provide for the following:
(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;
(c) by by-law, compelling persons to make use of the solid waste system;
(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);
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(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.
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;
"transportation demand management" has the same meaning as in section 527.1 of the Local Government Act;
"transportation demand management measure" has the same meaning as in section 527.1 of the Local Government Act.
1953-55-304; 1963-60-8; 2008-8-7; 2018-32-5; 2024-11-27.
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.
306. (1) The Council may make by-laws
(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;
(b) for regulating the construction and use of scaffolding in connection with any building;
(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;
(d) for classifying buildings and parts thereof, and differentiating between classes as to the regulations applicable to the respective classes;
(e) for prohibiting any person from commencing the construction of any building, or part thereof, until the person has obtained a permit therefor from the City Building Inspector;
(f) for fixing the terms and conditions upon which the City Building Inspector may issue, cancel, or suspend building or other permits, including the building, surveyor's, or other plans, specifications and particulars to be submitted with applications for building permits;
(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;
(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 the City Building Inspector, to enter any premises at any reasonable time for the purpose of such inspection;
(i) in respect of standards of fitness for human habitation, for
(i) establishing standards for single or multiple dwellings,
(ii) requiring the owners of dwellings to conform with the standards established under subparagraph (i),
(iii) prohibiting the use or occupancy of dwellings which do not conform with the standards established under subparagraph (i), and
(iv) providing that the city may take action under section 336 but not 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;
(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;
(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;
(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;
(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 the person, and for making it unlawful for any person to engage in the trade of plumber unless the person is the holder of such a certificate;
(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;
(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;
(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;
(r) with respect to loading and off-street parking for motor vehicles 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;
(r.1) with respect to transportation demand management to
(i) require owners or occupiers of any land, or of any building, to provide one or more transportation demand management measures,
(ii) establish design standards for transportation demand management measures required under subparagraph (i) in respect of the construction, development and implementation of the measures, and
(iii) as an alternative to complying with a requirement to provide transportation demand management measures under subparagraph (i), permit, at the option of the owner or occupier of the land or the building, the payment to the city of an amount of money specified in the by-law;
(s) and (s.1) [Repealed 2008-23-33.]
(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 security guard;
(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;
(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;
(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;
(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;
(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;
(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 the architect or engineer 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;
(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;
(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;
(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;
(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;
(ee) for establishing requirements to report information respecting greenhouse gas emissions or the use of energy or water.
(1.1) Despite subsection (1) (r), the Council must not, on or after June 30, 2024, require an owner or occupier of any land or building to provide off-street parking or loading spaces for the residential use of a housing unit required to be permitted under section 565.03 (5) [zoning by-laws and small-scale multi-family housing].
(1.2) In developing or adopting a by-law under subsection (1) (r), the Council must consider applicable guidelines, if any, under section 565.07 [provincial policy guidelines related to small-scale multi-family housing].
(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
(iii) a class of use or of buildings
as established by the by-law;
(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
(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
(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.
(11) Money referred to in subsection (1) (r.1) (iii) is payable
(a) at the time the building permit is issued for the applicable building, or
(b) at the time of occupancy, if no building permit is required.
(12) A by-law under subsection (1) (r.1) 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) different activities and circumstances relevant to transportation demand management that are related to
(iii) a class of use or of buildings
as established by the by-law;
(e) different uses within a zone.
(13) A by-law under subsection (1) (r.1) may exempt one or more of the following from any provision 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 demand management that is related to
(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.
(14) If money is received by the city under subsection (11), the city must
(a) establish a transportation demand management measures reserve fund for the purpose of providing new and existing transportation demand management measures, and
(b) place the money to the credit of the transportation demand management measures reserve fund.
(15) Money in the transportation demand management measures reserve fund, together with interest on it, may be used only for the following:
(a) to pay the capital costs of constructing and installing transportation demand management measures in accordance with the by-law;
(b) to pay principal and interest on a debt incurred by Council as a result of an expenditure under paragraph (a);
(c) to pay a person or public authority under a partnering agreement in order to pay capital costs incurred by the person or public authority to construct and install transportation demand management measures in accordance with the by-law.
(16) Authority to make payments under subsection (15) must be authorized by by-law.
(17) 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 (11) in the applicable year;
(b) the expenditures from the transportation demand management measures reserve fund in the applicable year;
(c) the balance in the transportation demand management measures reserve fund at the start and at the end of the applicable year;
(d) the projected timeline for future projects to be funded from the transportation demand management measures reserve fund.
(18) As soon as practicable after receiving the report under subsection (17), 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; 2022-15-60; 2022-15-73,Sch 1; 2022-15-75,Sch 3; 2023-16-25; 2023-45-27; 2024-11-28.
306.01 (1) Despite section 306 (1) (r) (i) but subject to the regulations, if any, the Council must not require an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building, other than off-street parking spaces for use by disabled persons.
(2) If an owner or occupier of land or buildings in a transit-oriented area provides, despite not being required to do so, off-street parking spaces, other than off-street parking spaces for use by disabled persons, for the residential use of the land or buildings, the Council may, by by-law, establish for those spaces design standards referred to in section 306 (1) (r) (ii).
(3) If the Lieutenant Governor in Council makes regulations requiring an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building, section 306 (1) (r) (ii), (iii) and (iv) and (2) to (10) applies in relation to those spaces as if they were required to be provided by a by-law under section 306 (1) (r).
(4) In developing or adopting a by-law under section 306 (1) (r), the Council must consider applicable guidelines, if any, under section 574.61 [provincial policy guidelines related to transit-oriented areas].
2023-48-13.
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.
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 the Chief Constable to remove such occupant and the occupant's 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; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
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.
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 different regulations and prohibitions may be made for different areas.
1987-52-25; 2023-16-26.
Part X — Fire Prevention and Control
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.
310. The Council may
(a) provide for the appointment of such other members of the Fire Department as may from time to time be necessary;
(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;
(c) acquire such vehicles, engines, vessels, appliances, and other fire-fighting equipment as may be necessary for the purposes of the Fire Department;
(d) establish, acquire, equip, and maintain fire-alarm and police-patrol signal systems and such other systems of communication as may be considered necessary;
(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;
(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.
311. The Council may make by-laws
(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;
(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;
(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;
(d) for providing for the demolition of buildings and structures where such demolition is required to prevent the spreading of fire;
(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;
(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;
(g) for regulating the burning of any material in the open air;
(h) relating to any matter within the scope of the Fire Safety Act so long as such by-laws are not repugnant to any provision of that Act or the regulations thereunder;
(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 the Fire Chief's 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 the Fire Chief's authority failure to so clean may cause a fire or increase the danger of fire;
(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; 2016-19-70; 2022-15-76,Sch 4.
Part XI — Electrical and Gas Works
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.
313. The City Electrician, or any person authorized by the City Electrician, 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; 2022-15-75,Sch 3.
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 the person 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;
(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; 2022-15-73,Sch 1; 2023-16-27.
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.
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.
317. (1) The Council may make by-laws
(a) for regulating pedestrian, vehicular, and other traffic and the stopping, parking and routing of vehicles upon any street or part thereof;
(b) for authorizing a police constable to arrest without warrant any person whom the police constable 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 the person's name and address when so requested by such police constable;
(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;
(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;
(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;
(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;
(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;
(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;
(i) for fixing routes to be taken by carriers of persons or chattels using any street;
(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;
(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;
(l) for regulating chauffeurs and other drivers of vehicles used by carriers on a street in connection with their business;
(m) for regulating the number of vehicles with respect to which persons may be licensed in any class of carriers;
(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 establishing and imposing a fee for such registration not exceeding one dollar per annum for each such vehicle;
(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;
(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 the Superintendent's 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;
(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;
(r) for regulating the use of any street by horses or other animals, and for prohibiting any person from allowing the person's horse or other animal to be on a street unattended, except as may be provided by by-law;
(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;
(t) for requiring the owner, possessor, or harbourer of any dog to keep it from running at large on any street;
(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;
(ii) for marking traffic-lanes on streets, and, notwithstanding anything contained in the Transportation Act, for regulating the driving of vehicles within such lanes;
(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;
(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;
(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;
(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 as may be prescribed in the by-law;
(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;
(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;
(aa) in relation to on-street parking spaces for vehicles, for
(i) establishing and imposing 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;
(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; 2022-15-73,Sch 1; 2022-15-76,Sch 4; 2023-16-28.
"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;
has the same meaning as in the has the same meaning as in the(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.
318. (1) The Council may provide
(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;
(b) for authorizing the City Engineer or other person to designate, by traffic signs and markings, portions of streets that the City Engineer or other person considers 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;
(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;
(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; 2022-15-61.
319. (1) The Council may make by-laws
(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;
(b) for regulating the assembling or gathering of persons in or upon a street;
(c) for regulating the sale, or the offering or exposing for sale, of any merchandise or thing upon a street;
(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;
(e) for regulating the distribution of advertising-matter to persons or vehicles on any street;
(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;
(g) for regulating fighting or similar physical confrontations between 2 or more persons in, on or near a street or other public place;
(h) for regulating persons who perform or entertain on a street;
(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; 2023-16-29.
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.
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.
320. The Council may make by-laws
(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.
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.
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.
1953-55-322; 1974-87-38.
323. The Council may make by-laws
(a) for preventing, abating, and prohibiting nuisances;
(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;
(c) for regulating the discharge of firearms or the exploding of firecrackers and other 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;
(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;
(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;
(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;
(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;
(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;
(j) for regulating the use of bathing-pools and swimming-pools to which the public is admitted, 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;
(k) for regulating the use of buildings and places for laundries, and for ensuring that cleanliness and sanitary conditions are observed therein;
(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;
(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;
(n) for regulating the transportation upon any street of offal, decayed materials, or other offensive matter or thing;
(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;
(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;
(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;
(r) for requiring the owner or occupier of any parcel to clear the parcel of brush, trees, noxious weeds, or other growths;
(s) for requiring manufacturers and processors to dispose of the waste from their plants in the manner directed by the by-law;
(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;
(u) in respect of a standard of maintenance, for
(i) requiring the owners or occupants of real property to maintain the property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood, and
(ii) providing that, in the case where the premises are not occupied by the owner of the property, the city may take action under section 336 but not 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;
(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; 2022-15-62; 2023-16-30.
324. The Council may make by-laws providing
(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;
(b) for reasonable charges to be imposed by the city for their seizure, impounding, and detention and their maintenance while impounded;
(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;
(d) for establishing and maintaining such buildings, yards, enclosures, and other facilities for the keeping and disposition of impounded animals as may be necessary;
(e) for the appointment of a pound-keeper and assistants;
(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;
(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;
(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;
(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;
(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 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.
(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; 2024-3-12.
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);
(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:
(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.
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.
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.
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.
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.
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.
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 the Medical Health Officer's staff, authorized by the Medical Health Officer 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; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
330. The Council may make 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;
(b) for preventing, prohibiting, and remedying insanitary conditions and places in the city;
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(j) for regulating the slaughter of animals;
(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;
(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;
(m) for establishing and maintaining, either within or without the city, hospitals and other places where persons experiencing, or suspected to be experiencing, contagious or infectious diseases may be isolated and treated;
(n) for establishing and maintaining, either within or without the city, homes for aged, infirm, or disabled persons;
(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;
(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 the Medical Health Officer's opinion are likely to spread such disease to cease from their employment until the Medical Health Officer is satisfied that the danger of such spreading is past;
(q) in respect of inadequate utilities, for
(i) providing that if, 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, the Medical Health Officer 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
(ii) providing that if such inadequacy is not remedied within 24 hours,
(A) the Medical Health Officer or any person authorized by the Medical Health Officer may enter on the premises and do all things that may be necessary to remedy the inadequacy, and
(B) the cost of remedying the inadequacy under subparagraph (ii) (A) may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of the cost in the real-property tax roll with respect to such premises.
1953-55-330; 1978-41-25; 1997-25-186; 2022-15-73,Sch 1; 2022-15-75,Sch 3; 2022-15-76,Sch 4; 2023-10-1156; 2023-16-31.
Part XVI — Cemeteries or 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 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; 2023-16-32.
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:
(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.
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.
333C. (1) If a person is convicted of an offence
(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.
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.
(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.
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.
336. (1) The Council's authority under this or another Act to require that something be done includes the authority to direct that, if a person subject to the requirement fails to take the required action, the city may
(a) fulfill the requirement at the expense of the person, and
(b) recover the costs incurred from that person as a debt due the city in any Court of competent jurisdiction.
(2) In respect of an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements, the city may
(a) if the 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, and
(b) after certification by the Director of Finance,
direct that the amount of the expense be inserted in the real-property tax roll as a charge imposed with respect to such parcel.
(3) The Council may not exercise its authority under this section in relation to any other matter for which this or another Act specifically authorizes the city to take action at the defaulter's expense.
2023-16-33.
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).
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).
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.
336D. (1) Where, during the course of carrying out the City Building Inspector's duties, the City Building Inspector observes a condition, with respect to land or a building or structure, that the City Building Inspector 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 the purchaser
the City Building Inspector may, in addition to any other action that the City Building Inspector 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 the owner 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) the Registrar 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 the Registrar's 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; 2022-15-73,Sch 1; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
Part XVIII — Department of Industrial Development
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
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
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.
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 the assessor's 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; 2022-15-76,Sch 4.
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.
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.
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.
374.1 In sections 374.2 to 374.6, "property class" means a class of property prescribed under section 19 (14) of the Assessment Act.
1992-70-34; 1997-25-187; 2022-26-4.
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.
1990-31-14; 1992-70-35.
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) prescribing relationships between levy rates, and
(c) prescribing formulas for calculating the limits or relationships referred to in paragraph (a) or (b).
(2) Under subsection (1) the Lieutenant Governor in Council may prescribe different limits, relationships or formulas for each property class.
(3) The Lieutenant Governor in Council may only make a regulation under subsection (1) after the minister has consulted with representatives of the Union of British Columbia Municipalities respecting the proposed regulation.
1992-70-36; 1999-37-325.
374.4 (1) Subject to subsection (1.1), instead of levying rates on the assessed value of land and improvements, the Council may, by by-law, levy the rates under subsection (2) or (3).
(1.1) Subsection (1) does not apply to a rate levied by the Council to collect a tax imposed by the Province under section 120.1 of the School Act.
(2) For an assessment averaging option, rates may be imposed on the amount determined in accordance with the following formula:
Amount = averaged land value + assessed improvements value |
where | |||
averaged land value | = | the average of the assessed value of the land in | |
(a) | the current year, and | ||
(b) | the number of preceding years established by by-law under subsection (12); | ||
assessed improvements value | = | the assessed value of improvements in the current year. |
(3) For an assessment phasing option, rates may be imposed on the amount determined in accordance with the following formula:
Amount = (assessed land value − phasing reduction) + assessed improvements value |
where | |||
assessed land value | = | the assessed value of the land in the current year; | |
phasing reduction | = | the phasing percentage established by the bylaw, being not less than 50% and not more than 66%, of the difference between | |
(a) | the increase in the assessed value of the land in the current year from the previous year, and | ||
(b) | the assessed value of the land in the previous year multiplied by the average percentage increase in the assessed value from the previous year to the current year of all land within the city included in the same property class; | ||
assessed improvements value | = | the assessed value of improvements in the current year. |
(4) The Council shall not adopt a by-law under this section unless the following requirements are met:
(a) the Council complies with the requirements of any regulations under subsection (11);
(b) before January 1 of the year in which the by-law is to take effect, notice of intent to consider the by-law is provided to the British Columbia Assessment Authority;
(c) after January 1 of the year in which the by-law is to take effect and at least 2 weeks before the adoption of the by-law, a notice that
(i) contains the prescribed information, and
(ii) describes the estimated effect of the by-law on the taxation of sample properties within the city
is published in accordance with section 3;
(d) the by-law is adopted before March 31 in the year in which it is to take effect;
(e) in the case of a by-law under subsection (1), the by-law establishes a procedure to allow property owners to complain to the Council, sitting as a Court of Revision, about errors made in applying the by-law to their property.
(5) Subject to any regulation made under subsection (11), a by-law under subsection (1) may
(a) apply to one or more property classes, or
(b) modify the averaging formula in subsection (2) or the phasing formula in subsection (3) to exempt from the by-law or govern the application of the by-law to particular types of property within a property class.
(6) The authority under subsection (5) (b) includes authority in relation to property with an assessed value of that is different from that on the previous assessment roll because of one or more of the following:
(b) a subdivision or consolidation or a new development to, on or in the land;
(iii) the classification of the property under section 19 (14) of the Assessment Act, or
(iv) the eligibility of the property for assessment under section 19 (8), 23 or 24 of the Assessment Act;
(d) any other prescribed factor.
(7) If the Council adopts a by-law under subsection (1), the following rules apply:
(a) the assessed value or the net taxable value shall continue to be the basis for determining the amount of money to be raised in the city for the purposes of the following:
(i) section 386 of the Local Government Act;
(ii) sections 119 and 137 of the School Act;
(iii) section 17 of the Assessment Authority Act;
(iv) sections 15 and 17 of the Municipal Finance Authority Act;
(v) section 26 of the South Coast British Columbia Transportation Authority Act;
(vi) any other prescribed enactment;
(b) the value determined under the by-law, and not the assessed value or the net taxable value referred to in this or any other Act, shall be the basis for taxing properties within the property classes specified in the by-law to raise the money required under the provisions referred to in paragraph (a).
(a) a body other than the Council sets a rate under an enactment for calculating property taxes, and
(b) the Council adopts a by-law under subsection (1),
then, despite any other Act, the Council shall, by resolution, substitute a rate that is sufficient to raise the same amount of revenue in the city for that body from each property class to which the by-law applies as the amount that would have been raised for that body had that by-law not been adopted.
(9) If the amount of revenue raised in any year for a body under subsection (8) is more or less than the amount that would have been raised had the Council not substituted the rate, the difference must be used to adjust the rate for the next year.
(10) On the initiative of the Collector of Taxes or on the request of an owner who is notified under section 403 of adjustments to the net taxable value of the owner's property, the Collector of Taxes may correct errors made in applying a by-law under subsection (1) to any property.
(11) The Lieutenant Governor in Council may make regulations as follows:
(a) restricting the property classes to which a by-law under subsection (1) may apply;
(b) defining any term used in this section;
(c) governing the way in which the averaging formula in subsection (2) or the phasing formula in subsection (3) may be modified to exempt from a by-law under subsection (1) or govern the application of the by-law to particular types of property referred to in subsection (6);
(d) prescribing the information to be contained in the notice that is to be published under subsection (4) (c);
(e) prescribing factors for the purposes of subsection (6) and enactments for the purposes of subsection (7).
(12) The Council may, by by-law, establish 1, 2, 3 or 4 years as the number of preceding years that are to be applied in determining the averaged land value for the purposes of subsection (2).
(13) For the 5 years following the adoption of a by-law under subsection (12), the by-law may not be amended to change the number of preceding years established by the by-law and the by-law may not be repealed.
1999-37-326; 2000-7-191,261; 2007-13-66; 2010-6-129; 2013-4-7,8; RS2015-1-RevSch; 2018-4-104; 2019-7-88.
"development potential" means the difference between
(a) the assessed value of a property, and
(b) the actual value of the property determined taking into consideration only the actual use of the land and improvements that comprise the property and not taking into consideration any other use to which the land or improvements could be put;
"eligible land" has the meaning given to it in subsection (5);
"eligible occupier" means a tenant or owner-occupier of an improvement described in subsection (5) (b) (i);
"municipal property taxes" means property taxes levied to raise money other than for the purposes of an enactment set out in section 374.4 (7) (a) (i) to (vi).
(2) For the purpose of relieving the impact of development potential on eligible occupiers, a rating by-law may levy municipal property taxes under section 373 on eligible land at reduced rates of levy.
(3) A rating by-law that provides relief under this section
(a) must identify the properties for which relief is provided,
(b) must specify for each of those properties the percentage of the eligible land, comprising the property, on which property tax is to be levied at the reduced rates of levy,
(c) must establish the reduced rates of levy as follows:
(i) a rate of levy for property class 5 that is lower than the rate of levy established under section 373 that would otherwise apply to that property class;
(ii) a rate of levy for property class 6 that is lower than the rate of levy established under section 373 that would otherwise apply to that property class, and
(d) may require an owner of a property identified under paragraph (a) to give notice of the relief to the eligible occupiers of the property.
(4) A rating by-law may specify different percentages under subsection (3) (b) for different areas, properties or kinds of properties.
(5) Land is eligible for relief under this section if
(a) the land is classified as property class 5 or 6, and
(b) the property that includes the land meets all of the following criteria:
(i) the property includes an improvement that
(A) is classified as property class 5 or 6, and
(B) was in use on October 31 of the taxation year immediately preceding the taxation year to which the rating by-law relates;
(ii) the property has a land-value ratio equal to or greater than 0.95, determined by taking the quotient of
(A) the assessed value of the land that is classified as property class 5 or 6, and
(B) the assessed value of the land and improvements that are classified as property class 5 or 6;
(iii) the property is not disqualified under subsection (6).
(6) A property is disqualified from relief under this section if
(a) relief under this section was provided for the property for a taxation year that is more than 4 or a prescribed number of years, whichever is greater, preceding the taxation year to which the rating by-law relates, or
(b) the property includes any of the following:
(i) land or improvements classified as property class 2, 3, 4, 7, 8 or 9;
(ii) land or improvements that are exempt under this Act or another enactment from municipal property taxes levied under section 373 of this Act, other than under a prescribed exemption;
(iii) land classified as property class 5 or 6 on which tax is imposed in accordance with section 374.4 of this Act;
(iv) property designated under section 20.2 [ski hill property] or 20.5 [restricted-use property] of the Assessment Act;
(7) The following provisions do not apply in relation to relief provided under this section:
(a) section 374.2 [variable property tax rate system];
(b) section 374.3 [limits on variable tax rate system].
(8) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing a number of years for the purposes of subsection (6) (a);
(b) prescribing exemptions for the purposes of subsection (6) (b) (ii);
(c) prescribing kinds of properties for the purposes of subsection (6) (b) (v).
2022-26-5.
375. No account need be taken in the rating by-law of undecided appeals with respect to real-property assessments. If, upon the later decision of such an appeal, any change in the real-property assessment roll or tax roll is adjudged, the necessary changes shall be made; and if in the meantime payment has been made, the change shall be given effect to by repayment if overpayment has been made to the city, and by collection of the balance if underpayment has been made to the city.
1953-55-375; 1990-31-15; 1992-70-37.
376. The Council may by by-law provide for percentage additions, not exceeding ten per centum, to be made to real-property taxes levied by a rating by-law or a by-law under section 374.3 and to any other charges lawfully imposed and inserted in the tax roll if not paid by certain times in the year in which they are levied, and may fix the times and percentages accordingly. The amounts so added shall be deemed to be part of such real-property taxes for the year in which they are added.
1953-55-376; 1990-31-16.
376.1 (1) Where a by-law is adopted under section 374.3, the Collector of Taxes or other person named by the Council shall, at Council's direction, prepare a residential flat rate tax roll.
(2) The residential flat rate tax roll must contain
(a) the name of the owner of each parcel of real property that is subject to tax under the by-law,
(b) the class of residential property in which the parcel of real property is, by by-law, included, and
(c) the number of the by-law under which the parcel of real property is classified.
(3) The Council, sitting as a Court of Revision, may hear complaints about the residential flat rate tax roll and shall fix the date and, if applicable, place for the hearing.
(4) At least 2 weeks before the date fixed for the Court of Revision, the Collector of Taxes must mail to each owner named in the residential flat rate tax roll a notice containing
(a) the information on the roll relating to the owner's property,
(b) the time and, if applicable, place fixed for hearing complaints, and
(c) if the hearing is conducted by means of electronic or other communication facilities, the way in which the hearing is to be conducted by those means.
(a) may correct the residential flat rate tax roll if
(i) the name of an owner of a parcel of real property is not correct,
(ii) a parcel of real property is not residential property, or
(iii) a parcel of real property is not classified in accordance with the by-law, and
(b) may direct that a parcel of real property that was not included on the residential flat rate tax roll be included if it appears to the Court of Revision that the parcel should have been included.
(6) Sections 513 and 514 apply in respect of a decision made by the Court of Revision under this section.
1990-31-17; 2022-15-63.
Appeals from Real-Property Court of Revision
395A. (1) For the purposes of this section, "land" means land maintained as a golf course.
(2) Notwithstanding the provisions of this or any other Act, the Council may enter into an agreement with the owner of land fixing an amount that shall be deemed to be the assessed value of the land during the term of the agreement for the purpose of levying taxes for general purposes only.
(3) The actual value of the land as determined by the Assessor pursuant to the provisions of the Assessment Act shall be set out in the agreement.
(4) If the owner of land which is covered by such an agreement sells the land, the owner shall be liable to the city either for one-half of the amount by which the sale price exceeds the actual value as set out in the agreement pursuant to subsection (3) or for the sum calculated under subsection (6), whichever is the greater amount.
(5) If the owner of land which is covered by such an agreement sells part only of the land, the owner is liable to the city for an amount equal to
(a) the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum; and
(b) one-half the difference between
(i) the sale price of the land being sold where the sale price exceeds the amount determined under paragraph (ii); and
(ii) the amount that bears the same proportion to the actual value of the land covered by the agreement that the area of the land sold bears to all the land covered by the agreement.
(6) If the owner of land covered by such an agreement allows the land or any part thereof to be used for any purpose other than a golf course, the owner is liable for and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes on the whole of the land that would have been paid but for the agreement together with accrued interest on the difference compounded annually at six per centum, and the agreement shall be terminated with respect to the land the use of which has changed.
(7) The city shall have the first right of refusal in respect of any land that is the subject of an agreement made under this section.
(8) The assessor shall continue to assess land covered by such an agreement and shall maintain a record of such assessments. The owner of the land shall have the right to appeal such assessments.
(9) An agreement under this section is registrable under the Land Title Act, and upon registration constitutes a charge upon the land having preference over any claim, lien, privilege, or encumbrance of any party except the Crown.
(10) Notwithstanding the provisions of this section,
(i) the Council may enter into an agreement with Shaughnessy Golf and Country Club fixing the amount that shall be deemed to be the assessed value of the latter's interest in the land presently maintained as Shaughnessy Golf and Country Club;
(ii) the actual value of the interest of Shaughnessy Golf and Country Club in the land as determined by the Assessor pursuant to the provisions of the Assessment Act shall be set out in the agreement together with the value of the interest;
(iii) if after entering into such an agreement Shaughnessy Golf and Country Club sublets or assigns the whole or any part of the land covered by the agreement to any person other than the City of Vancouver, or uses or permits the land or any part thereof to be used for any purpose other than a golf course, then the agreement shall become null and void and Shaughnessy Golf and Country Club shall be liable and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum;
(iv) the city shall have the first right of refusal on Shaughnessy Golf and Country Club's interest in the lands;
(v) the city shall have a charge against the interest of Shaughnessy Golf and Country Club for the payment of all moneys and the performance of all obligations required to be paid or observed or performed by Shaughnessy Golf and Country Club under the agreement, and such charge shall have preference over any claim, lien, privilege, or encumbrance of any person except the Crown.
(11) Save and except an agreement under subsection (10) hereof, no agreement under this section shall be binding on either party or have any force or effect until registered in the land title office.
1965-68-27; 1977-30-156, proclaimed effective September 30, 1977; 1978-25-332,334, proclaimed effective October 31, 1979; 1997-25-189; 2022-15-73,Sch 1.
396. (1) All real property in the city is liable to taxation subject to the following exemptions: —
(a) Crown lands; provided, however, that the right or interest of an occupier of Crown lands, not holding in an official capacity, shall be liable to taxation, and the occupier shall be personally liable therefor as if the occupier were the owner of such real property, but the property shall not be subject to lien under section 414 nor subject to tax sale under section 422:
(b) Real property vested in the city and Crown lands leased by the city for park purposes:
(A) an incorporated charitable institution is the registered owner or owner under agreement, either directly or through trustees, of the real property, and
(B) the real property is in actual occupation by the incorporated charitable institution and is wholly in use for charitable purposes;
(ii) of which an incorporated institution of learning regularly giving to children instruction accepted as equivalent to that furnished in a public school is the registered owner, or owner under agreement, and which is in actual occupation by such institution and is wholly in use for the purpose of furnishing such instruction;
(iii) of which a hospital receiving aid under the Hospital Act is the registered owner, or owner under agreement, either directly or through trustees therefor, and which is in actual occupation by such hospital and is wholly in use for the purposes of the hospital or which is held by the hospital for future use as a hospital-site and the same has been designated by the minister responsible for the administration of the Hospital Act to be exempt from taxation;
(iv) of which a religious organization, either directly or through trustees therefor, is the registered owner, or owner under agreement, and which is set apart and in use for the public worship of God; provided, however, that the exemption by this clause conferred shall not be lost by reason of the use of the church property for any of the purposes hereinafter set out if it is so provided by by-law:—
The use of the church property by a government, notwithstanding that a fee is paid for such use:
The use of the church property for the care or instruction of children under school age by a charitable or non-profit organization:
The use of the church property for the purpose of teaching organ or choral music, notwithstanding that a fee is charged therefor:
The use of the church property for the holding of organ recitals, notwithstanding that the recitalist receives a fee therefor:
(vi) occupied by Simon Fraser University in the building commonly known as the Sears Harbour Centre and specifically described as Block 13, District Lot 541, Plan 15728 but this exemption shall be limited to the portion of the real property actually occupied by the University.
(d) An improvement designed, constructed, or installed for the purpose of providing emergency protection for persons or domestic animals in the event of an emergency within the meaning of the Emergency and Disaster Management Act:
(e) Sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminating equipment:
(e.01) To the extent established by subsection (3), land and improvements that were exempted for the 1996 taxation year under a pollution abatement provision, if
(i) the land and improvements were exempted under that provision for the 1996 taxation year on final determination under the Assessment Act, and
(A) for an exemption in relation to land only, the land continues to be exclusively or primarily used for the purpose of abating pollution,
(B) for an exemption in relation to improvements only, the improvements continue to be exclusively or primarily used for the purpose of abating pollution, or
(C) for an exemption in relation to land and improvements, the land and improvements continue to be exclusively or primarily used for the purpose of abating pollution;
(e.1) Lands and improvements known as the Vancouver Court House and specifically described as
Block 51
District Lot 541
Plan 14423,
So long as they are occupied by The Vancouver Art Gallery Association:
(e.2) That part of the lands and improvements located on the north side of the 600 block of West 10th Avenue, and specifically described as
Lot A
Block 359
District Lot 526
Group 1, New Westminster District
Plan LMP 51308
PID 025-141-015,
and occupied by the British Columbia Cancer Agency Branch, so long as it is in actual occupation by, and wholly in use for cancer research and other charitable purposes of, the British Columbia Cancer Agency Branch:
(f) The word "improvement" where used in clause (e) shall have the meaning ascribed to it in the Assessment Act:
(g) Notwithstanding paragraph (c) (i), real property of an incorporated charitable institution which is used for senior citizens' housing or a community care facility, and which receives or has received grants or assistance pursuant to any Provincial or federal legislation, shall only be exempt if it is so provided by by-law under section 396F [exemptions for not for profit property]:
(h) improvements, other than dwellings and the fixtures, machinery and similar things mentioned in paragraph (i), erected on farm land and used exclusively to operate a farm, up to but not exceeding the greater of the following:
(i) 87.5% of the assessed value;
(ii) an assessed value of $50 000;
(i) fixtures, machinery and similar things located on farm land and used exclusively to operate the farm that, if erected or placed in or on land, a building or fixture or structure in or on it, would, as between landlord and tenant, be removable by the tenant.
(2) Septic disposal systems are not exempt from taxation under this section.
(3) The amount of an exemption under subsection (1) (e.01) for a taxation year is limited to the portion of the assessed value of land and improvements that is the least of the following:
(a) the portion that the British Columbia Assessment Authority determines is attributable to the use of pollution abatement for that taxation year, subject to final determination under the Assessment Act;
(b) the portion that was exempted for pollution abatement purposes for the immediately preceding taxation year on final determination under the Assessment Act;
(c) the portion that was exempted for the 1996 taxation year on final determination under the Assessment Act.
"farm land" means land classified under the Assessment Act as a farm;
"final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by revised assessment roll, by supplementary assessment roll or on further appeal;
"pollution abatement provision" means section 396 (1) (e.01) of this Act, section 339 (1) (q) of the Municipal Act or section 15 (1) (s) of the Taxation (Rural Area) Act, as those provisions read before their repeal and replacement by the Budget Measures Implementation Act, 1997.
(5) As limits on the exemptions under subsection (1),
(a) subject to subsection (6), an exemption under subsection (1) does not apply in relation to
(i) water use rates under section 300 (a),
(i.1) energy utility system charges under section 300.1 (3) (f),
(ii) sewer and drainage charges under section 302 (d), and
(iii) solid waste charges under section 303 (g), and
(ii) for a library under subsection (1) (c) (i),
(iii) for a cemetery, mausoleum or columbarium under subsection (1) (c) (i),
(iv) for senior citizens' housing under subsection (1) (c) (i) or (g),
(v) under subsection (1) (c) (ii),
(vi) under subsection (1) (c) (iv),
(vii) under subsection (1) (h), or
(viii) under subsection (1) (i)
apply only in relation to taxation under section 373.
(6) The limit under subsection (5) (a) does not apply in relation to the interest of the Crown in Crown lands exempted under subsection (1) (a) or to property exempted under subsection (1) (e) or (e.01).
(7) For the purposes of subsection (1) (c) (i) (A), an incorporated charitable institution is deemed to be a registered owner of real property if
(a) it is, directly or through trustees, the registered holder of a leasehold estate in the real property,
(b) the actual registered owner of the real property is an incorporated charitable institution, and
(c) the real property would be exempt if it were in actual occupation by the institution referred to in paragraph (b) for a particular charitable purpose of that institution.
1953-55-396; 1956-70-9; 1961-76-7; 1964-72-15; 1966-69-15; 1969-35-27; 1969-45-23; 1970-54-20, effective December 1, 1969; 1973-93-25; 1974-87-38; 1977-30-157, proclaimed effective September 30, 1977; 1977-75-7, proclaimed effective October 21, 1977; 1984-26-86, effective May 31, 1984 (B.C. Reg. 164/84); 1985-20-41, effective July 11, 1985 (B.C. Reg. 214/85); 1987-2-5; 1987-52-29,30; 1988-67-5; 1990-31-18; 1990-32-11; 1993-59-50; 1993-74-12; 1997-4-36; 1997-25-190; 1998-22-32; 2002-63-25; 2003-3-51; 2003-66-60; 2004-34-20; 2004-35-93; 2007-6-45; 2007-13-67; B.C. Reg. 5/2010; 2010-21-38; 2012-2-13; B.C. Reg. 243/2013; 2022-15-73,Sch 1; 2023-37-207.
396A. (1) In this section and section 396B "eligible heritage property" means property that is
(a) protected heritage property,
(b) subject to a heritage revitalization agreement under section 592, or
(c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.
(2) Despite section 396 but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year the Council may, by by-law adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt all or part of the eligible heritage property from real property taxation under this Part;
(b) if eligible heritage property exempted under paragraph (a) is a building or other improvement so affixed to the land as to constitute real property, exempt an area of land surrounding the exempted property from real property taxation under this Part for the same period of time as the exemption is made under paragraph (a);
(c) limit an exemption under paragraph (a) or (b) to a specified portion of the net taxable value of the property to which the exemption applies;
(d) make an exemption under this subsection subject to specified conditions.
(3) A by-law under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if the by-law receives the assent of the electors or is approved by the electors in accordance with subsection (4), for a specified period not greater than 10 years.
(4) Approval of the electors to a by-law under subsection (2) is deemed to have been given if all the following requirements are met:
(a) at least 30 days before adopting the by-law, a notice is published in accordance with section 3
(i) identifying the eligible heritage property that would be subject to the by-law,
(ii) describing the exemption that would be made for the eligible heritage property, and
(iii) stating that the by-law may be adopted by the Council after 30 days unless more than 1/20 of the electors petition the Council to obtain the assent of the electors to the by-law;
(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the City Hall during its regular office hours;
(c) by the end of 30 days after the notice is first published under paragraph (a), 1/20 or fewer of the electors have petitioned the Council to obtain the assent of the electors to the by-law.
(5) Within 30 days after adopting a by-law under this section, the Council must give notice of the by-law to the minister responsible for the Heritage Conservation Act in accordance with section 602.
1994-43-92; 1997-25-191; 2010-6-130.
396B. (1) A by-law under section 396A may provide that, if any of the following circumstances as specified in the by-law occur, the Council may require the owner of the eligible heritage property at that time to pay to the city an amount equivalent to the total taxes exempted under the by-law plus interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate established under section 415 for delinquent taxes:
(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;
(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;
(c) if any other circumstances specified in the by-law occur.
(2) A by-law under section 396A that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible heritage property to which the by-law applies.
(3) If a by-law under section 396A includes a provision under subsection (1), within 30 days after the by-law is adopted the Council must have notice of the by-law filed in the land title office in accordance with section 601.
(4) If a by-law under section 396A includes a provision under subsection (1) and a circumstance referred to in the provision occurs, the Council may, by by-law adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (1), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (1).
(5) If the Council does not adopt a by-law under subsection (4) (a) within one year after it becomes aware of the circumstance in relation to which the by-law could be adopted, the Council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (1).
(6) If the Council adopts a by-law under subsection (4) (a) within the time period referred to in subsection (5), the Council may
(a) add the amount referred to in subsection (1) to the taxes for the current year payable to the city in relation to the eligible heritage property, or
(b) make an agreement with the owner regarding payment of the amount referred to in subsection (1) as a personal debt to the city.
1994-43-92.
396C. (1) In this section and section 396D:
"eligible riparian property" means property that meets all the following requirements:
(a) the property must be riparian land;
(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;
(c) the city must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;
(d) any other requirements prescribed under subsection (6);
"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of
(a) the area of the eligible riparian property that is exempted under subsection (2) (a)
to
(b) the area of the parcel of land in relation to which the exemption is made.
(2) Despite section 396 but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year the Council may, by by-law adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt all or part of the eligible riparian property from real property taxation under this Part;
(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;
(c) make an exemption under this subsection subject to specified conditions.
(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.
(4) A by-law under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if the by-law receives the assent of the electors or is approved by the electors in accordance with subsection (5), for a specified period not greater than 10 years.
(5) Approval of the electors to a by-law under subsection (2) is deemed to have been given if all the following requirements are met:
(a) at least 30 days before adopting the by-law, a notice is published in accordance with section 3
(i) identifying the eligible riparian property that would be subject to the by-law,
(ii) describing the exemption that would be made for the eligible riparian property, and
(iii) stating that the by-law may be adopted by the Council after 30 days unless more than 5% of the electors petition the Council to obtain the assent of the electors to the by-law;
(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the City Hall during its regular office hours;
(c) by the end of 30 days after the notice is first published under paragraph (a), 5% or fewer of the electors have petitioned the Council to obtain the assent of the electors to the by-law.
(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.
1997-24-17; 2010-6-131.
396D. (1) A by-law under section 396C may provide that, if
(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,
(b) the covenant is discharged before the end of the period of the exemption, or
(c) any other circumstances specified in the by-law occur,
the Council may require the owner of the eligible riparian property at that time to pay to the city the amount referred to in subsection (2).
(2) The amount that may be required under subsection (1) is the amount equivalent to
(a) the total taxes exempted under the by-law under section 396C,
plus
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate established under section 415 for delinquent taxes.
(3) A by-law under section 396C that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible riparian property to which the by-law applies.
(4) If a by-law under section 396C includes a provision under subsection (1), within 30 days after the by-law is adopted the Council must have notice of the bylaw filed in the land title office, and for this purpose section 601 applies.
(5) If a by-law under section 396C includes a provision under subsection (1) and a circumstance specified in the provision occurs, the Council may, by by-law adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (2), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).
(6) If the Council does not adopt a by-law under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the by-law could be adopted, the Council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).
(7) If the Council adopts a by-law under subsection (5) (a) within the time period referred to in subsection (6), the Council may
(a) add the amount referred to in subsection (2) to the taxes for the current year payable to the city in relation to the eligible riparian property, or
(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the city.
1997-24-17.
"exemption agreement" means an agreement under subsection (9);
"exemption certificate" means a revitalization tax exemption certificate issued under subsection (10);
"owner", in relation to a property, means the registered owner or the owner under agreement;
"revitalization program by-law" means a by-law under subsection (4).
(2) Despite section 396 [liability to taxation], the Council may, for the purpose of encouraging revitalization in the city, provide tax exemptions for land or improvements, or both, in accordance with this section.
(3) For a revitalization tax exemption under this section to apply to a particular property
(a) the exemption must be in accordance with a revitalization program by-law under subsection (4),
(b) an exemption agreement under subsection (9) must apply to the property, and
(c) an exemption certificate for the property must have been issued under subsection (10).
(4) A revitalization tax exemption program must be established by a by-law that includes the following:
(a) a description of the reasons for and the objectives of the program;
(b) a description of how the program is intended to accomplish the objectives;
(c) a description of the kinds of property, or related activities or circumstances, that will be eligible for tax exemptions under the program;
(d) the extent of the tax exemptions available;
(e) the amounts of tax exemptions that may be provided under the by-law, by specifying amounts or by establishing formulas by which the amounts are to be determined, or both;
(f) the maximum term of a tax exemption that may be provided under the by-law, which may not be longer than 10 years.
(5) A revitalization program by-law
(a) may include other provisions the Council considers advisable respecting the program including, without limiting this,
(i) the requirements that must be met before an exemption certificate may be issued,
(ii) conditions that must be included in an exemption certificate, and
(iii) provision for a recapture amount that must be paid by the owner of the property to the city if the conditions specified in the exemption certificate are not met, and
(i) different areas of the city,
(ii) different property classes under the Assessment Act,
(iii) different classes of land or improvements, or both, as established by the by-law,
(iv) different activities and circumstances related to a property or its uses, as established by the by-law, and
(v) different uses or occupancies as established by zoning by-law.
(6) Before adopting a revitalization program by-law, the Council must
(a) give notice of the proposed by-law in accordance with subsections (7) and (8), and
(b) consider the by-law in conjunction with the objectives and policies set out in the report under section 219 (2) (c) [use of permissive tax exemptions].
(7) The notice required under subsection (6) must
(a) be published in accordance with section 3, and
(b) from the date on which the notice is first published under paragraph (a) of this subsection, be posted for public inspection in the City Hall during its regular office hours.
(8) The notice required under subsection (6) must include a general description of each of the following:
(a) the reasons for and the objectives of the program;
(b) how the proposed program is intended to accomplish the objectives;
(c) the kinds of property, or related activities or circumstances, that will be eligible for a tax exemption under the program;
(d) the extent, amounts and maximum terms of the tax exemptions that may be provided under the program.
(9) The Council may enter into an agreement with the owner of a property respecting
(a) the provision of a revitalization tax exemption under this section,
(b) any requirements that must be met before an exemption certificate is issued, and
(c) any conditions on which the tax exemption is to be provided.
(a) all requirements established in the exemption program by-law, and
(b) any additional requirements established in the exemption agreement
have been met, a revitalization tax exemption certificate must be issued for the property in accordance with the exemption agreement.
(11) An exemption certificate must specify the following in accordance with the exemption program by-law and the exemption agreement:
(a) the extent of the tax exemption;
(b) the amount of the tax exemption or the formula for determining the exemption;
(c) the term of the tax exemption;
(d) if applicable, the conditions on which the tax exemption is provided;
(e) if applicable, that a recapture amount is payable if the exemption certificate is cancelled, and how that amount is to be determined.
(12) So long as an exemption certificate has not been cancelled, the land or improvements, or both, subject to the exemption certificate are exempt from taxation under section 373 [annual rating by-law] as provided in the exemption certificate.
(13) An exemption certificate may be cancelled by the Council
(a) on the request of the property owner, or
(b) if any of the conditions specified in the exemption certificate are not met.
(14) An exemption certificate or cancellation does not apply to taxation in a calendar year unless the exemption certificate is issued or cancelled, as applicable, on or before October 31 in the preceding year.
(15) The Director of Finance, or another city employee authorized by the Director of Finance, must
(a) provide a copy of an exemption certificate to the assessor as soon as practicable after it is issued, and
(b) if applicable, notify the assessor as soon as practicable after an exemption certificate is cancelled.
(a) no later than the adoption of the rating by-law under section 373 (1), the Director of Finance must prepare and submit to the Council a report for the previous year that includes, for each tax exemption provided under this section, the amount of real property taxes that would have been imposed on the property in that previous year if it were not exempt for that year, and
(b) as soon as practicable after receiving the report, the Council must consider the report and make it available to the public.
2007-24-48; 2010-6-132.
"eligible not for profit property" means land or improvements, or both,
(a) in respect of which, either directly or through trustees, a not for profit corporation is the registered owner or owner under agreement, or
(b) that are held, either directly or through trustees, by a not for profit corporation, and
that the Council considers are used for a purpose that is directly related to the purposes of the not for profit corporation;
"not for profit corporation" means a charitable, philanthropic or other not for profit corporation.
(2) Despite section 396 [liability to taxation], the Council may, by by-law, exempt an eligible not for profit property from real property taxation under this Part, to the extent, for the period and subject to the conditions provided in the by-law.
(3) A by-law under this section
(a) must establish the term of the exemption, which may not be longer than 10 years, and
(b) does not apply to taxation in a calendar year unless it comes into force on or before October 31 in the preceding year.
(4) If only a portion of a parcel is exempt under this section, the by-law under this section must include a description of the exempt portion that is satisfactory to the British Columbia Assessment Authority.
(5) A by-law under this section ceases to apply to property that ceases to be an eligible not for profit property and, after this, the property is liable to taxation under this Part.
(6) Before adopting a by-law under this section, the Council must
(a) publish a notice of the proposed by-law in accordance with section 3, and
(b) consider the by-law in conjunction with the objectives and policies set out in the report under section 219 (2) (c) [use of permissive tax exemptions].
(7) The notice under subsection (6) (a) must
(a) identify the eligible not for profit property that would be subject to the by-law,
(b) describe the proposed exemption,
(c) state the number of years that the exemption may be provided, and
(d) provide an estimate of the amount of taxes that would be imposed on the eligible not for profit property if it were not exempt, for the year in which the proposed by-law is to take effect and the following 2 years.
2010-21-39.
397. (1) The exemptions provided for under clause (c) of section 396 (1) shall extend to so much real property as is reasonably necessary for the purposes of the institution, hospital, or religious organization, and no further; provided that if a parcel is partly exempt and partly taxable, it need not be severed, but the taxes on the taxable portion shall be deemed to apply to the whole parcel.
(2) Where a transfer, sale, or lease is made of real property theretofore exempt from taxation under clauses (a) and (c) of section 396 (1) to some person not entitled to such exemption, or where real property used for some purpose which would entitle it to exemption thereunder ceases to be so used, or where a sale of real property theretofore exempt from taxation under clause (b) of section 396 (1) is made to a person not otherwise entitled to exemption from taxes, such real property shall be liable to taxation from the date of such transfer, sale, lease, or cesser of user, as the case may be.
(3) Where the assessment roll is completed before the transfer, sale, or lease comes to the attention of the assessor, the assessor must
(a) provide an assessment notice to the transferee, purchaser, lessee, or other person who, but for the exemption, would have been liable to taxation, and
(b) assess the property on a supplementary assessment roll.
(4) Residential property that is only partly exempt from taxation under section 396 (1) or a by-law under section 396A is liable to taxation under section 374.3.
1953-55-397; 1966-69-16; 1967-63-6; 1968-71-18; 1973-93-14; 1977-30-158, proclaimed effective September 30, 1977; 1990-31-19; 1990-32-12; 1992-57-8; 1994-43-93; 2021-18-83.
398. (1) The poles, conduits, cables, and wires of any electric light, electric power company, or closed-circuit television company; the mains of any gas company; and the plant and machinery, being fixtures appurtenant thereto and used in any way in connection therewith by any such company when situate on any street or public place, shall be deemed to be rateable property, and shall be liable to taxation for municipal purposes as provided in subsection (2) hereof and for school purposes as provided in the School Act.
(2) The companies referred to in subsection (1) shall pay to the city annually,
(b) in the case of every gas company, electric light company, and electric power company, at the rate of one and one-quarter per centum per annum on the revenue, being the amount actually annually received by such company for gas, electric light, or electric power consumed within the city;
(c) in the case of every closed-circuit television company, at the rate of one and one-quarter per centum per annum on the revenue, being gross rentals actually annually received from its subscribers for closed-circuit television service situate within the city.
(3) Every company to which this section applies shall annually, without any notice or demand, make a return of its revenue as aforesaid for the previous year, and shall file such return with the Director of Finance on or before the fifteenth day of April in each year, and shall on or before the third day of July in each year pay to the city the amount imposed by this section. The amount so payable shall bear interest at the rate of eight per centum per annum from such third day of July until payment is made.
(4) The taxation imposed by subsection (2) shall be in lieu of all taxes (other than taxes for other than general municipal purposes) otherwise imposed and payable to the city upon the property mentioned in subsection (1).
(5) "Closed-circuit television company" includes a person operating for a fee or charge a television-signal receiving antenna or similar device, or equipment for the transmission of television signals to television receivers of subscribers, or any or all of such devices and equipment.
(6) Paragraph (ii) of clause (a) of subsection (2) shall come into force and take effect as of the first day of January, 1973, and is retroactive to the extent necessary to give effect to the provisions thereof.
1953-55-398; 1957-85-20; 1960-80-8; 1965-68-29; 1972-67-27; 1973-93-15 to 18; 1977-30-159, proclaimed effective September 30, 1977; 1982-2-53, effective midnight December 31, 1981; 1988-67-6; 1989-61-223.
399. None of the several companies aforesaid shall be required to pay the business tax in respect of any premises occupied or used by it solely for the purposes of the generation, transformation, or distribution of electric light, electric power, or gas or for the purposes of telephonic communication, or to pay licence fees other than those payable pursuant to section 272 (1) (e). Nothing herein shall relieve the said companies, or any of them, from liability to pay the business tax in respect of the offices and premises, other than those aforesaid, occupied or used by them.
1953-55-399; 1973-93-19; 2023-16-34.
Collection of Real-Property Taxes
399.1 (1) For the purposes of sections 401A and 403 to 405 and subject to subsection (2) of this section, "mail" includes
(a) to transmit by electronic means, and
(b) to make accessible by electronic means.
(2) The definition in subsection (1) applies only if
(a) the Collector provides for using electronic means, and
(b) authorization is provided by a person in accordance with section 401 (2).
2013-4-9.
400. In each year, upon the passing of the rating by-law, the Collector of Taxes appointed by the Council shall cause a real-property tax roll to be prepared. It need not be in the form of a roll or book, but may consist of a system of sheets, cards, or other records capable of use wholly or in part by mechanical devices.
1953-55-400.
401. (1) The Collector must enter on the real-property tax roll the following information, in addition to any other particulars that the Council directs, with respect to each parcel appearing on the real-property assessment roll as being liable to taxation:
(a) a short description of the parcel as it appears on the assessment roll;
(b) the name of the person entered on the assessment roll with respect to the parcel, showing if the person is owner, owner under agreement or occupier;
(c) subject to subsection (2), the person's address taken from the assessment roll;
(d) the assessed value of the land as it appears on the assessment roll, exclusive of exemptions, if any;
(e) the assessed value of the improvements, if any, as it appears on the assessment roll, exclusive of exemptions, if any;
(f) the real-property taxes for the year as levied by a rating by-law, to the extent that the person is not exempt as shown by the assessment roll or otherwise;
(g) any charge imposed under this Act, other than real-property taxes levied by a rating by-law;
(h) any delinquent real-property taxes.
(2) If a person has, in writing, authorized the Collector to use
(a) an address other than the address that appears on the assessment roll, the Collector must substitute that address on the real-property tax roll, or
(b) an email address, the Collector must add the email address on the real-property tax roll and may use that email address for the purpose of transmitting by electronic means or making accessible by electronic means
(i) a notice under section 401A (3), and
(ii) a tax statement under section 403
until the Collector receives written notice of the termination of the authorization.
(3) Despite subsection (1) (b) and (c), if the Collector is advised by the British Columbia Assessment Authority of a change in the name or address of a person entered on the assessment roll, the Collector must enter the change on the real-property tax roll.
2013-4-10.
401A. (1) Upon receipt of a supplementary roll prepared pursuant to the Assessment Act, the Collector shall follow the procedure set out in section 401 and process each entry on the supplementary roll as if it had been an entry on the real-property assessment roll. Each parcel entered on the supplementary roll shall be taxed at the rate or rates established for that class of property in the rating by-law passed pursuant to section 373.
(2) Taxes resulting from an entry on a supplementary roll are a debt due to the city and subject to all methods available to the city for the recovery of taxes including tax sale.
(3) Taxes resulting from an entry on a supplementary roll are due and payable 30 days after notice of the tax payable has been mailed to the assessed owner and notwithstanding any provision of this Act, no penalty or interest shall be added in that period. Any taxes unpaid after the time provided in this subsection shall be subject to the penalties and interest provided for in this Act.
(4) If an assessment on a supplementary roll is set aside or the assessed value reduced under the Assessment Act, the collector must
(a) refund to the taxpayer the excess amount of taxes paid by the taxpayer and any penalty and interest paid on the excess, or
(b) if no tax payment was made, adjust the tax roll to record the proper information.
(5) For the purposes of the refund under subsection (4) (a), the collector must pay the taxpayer interest at the rate prescribed by the Lieutenant Governor in Council.
(6) Subsection (5) does not apply in respect of a refund that results from an appeal to the board under the Assessment Act if the appeal is started or filed with the board before December 31, 1998.
1985-89-7, effective January 1, 1984; 1990-31-20; 1992-70-38; 1998-22-33; 2013-4-11.
402. The real-property tax rolls of the city shall, unless otherwise ordered by competent authority, at all times remain in the custody of the Collector, and the Collector shall be responsible for their safe-keeping.
1953-55-402; 2022-15-73,Sch 1.
403. (1) Upon completion of the real-property tax roll, the Collector shall proceed to collect the taxes and charges appearing thereon with respect to each parcel from the persons liable therefor, and shall with due dispatch cause to be mailed to each person whose name is required to be entered on such tax roll and by whom the real-property taxes in respect of such parcel are payable, at the address or email address, as applicable, appearing on the tax roll, a tax statement.
(1.1) Section 237 (2) and (3) of the Community Charter applies to a tax statement under subsection (1) of this section.
(2) The tax statement must include or have enclosed with it, for each parcel of land on the assessment roll the net taxable value of which has been adjusted under a by-law adopted under section 374.4, a statement
(a) informing the owner that assessed values and certain tax rates have been adjusted as a result of the by-law,
(b) specifying the adjusted value of the land and the value of any improvements on it, and
(c) describing the procedure for requesting the Collector of Taxes to correct errors and for complaining to the Council, sitting as a Court of Revision.
1953-55-403; 1968-53-24; 1992-70-39; 2000-7-191; 2013-4-12.
404. The Collector may cause a record to be kept of the date of mailing of each such tax statement. Such record shall be prima facie evidence that the statement was mailed on the date appearing in such record.
1953-55-404.
405. (1) The Collector must mail a copy of a tax statement to a person who has requested a copy in accordance with subsection (2).
(2) For the purposes of this section, a person
(a) must apply in writing for a copy of a tax statement,
(b) must pay for each parcel the fee established by the Council, and
(c) may, if the Collector provides for using electronic means, include in the request an authorization for the Collector to transmit by electronic means or make accessible by electronic means the tax statement.
(3) If a person includes an authorization under subsection (2) (c), the person must provide an email address to the Collector for the purpose of transmission by electronic means or provision of access by electronic means.
2013-4-13.
406. If any taxes have been delinquent for a period of one year on real property subject to tax sale, the Collector shall cause a warning to be added to the relevant tax statement to the following effect: —
Taxes delinquent. This property will be sold for taxes in November of next year unless all taxes now delinquent for a period of one year are sooner paid.
1953-55-406.
407. If any taxes have been delinquent for a period of two years on real property subject to tax sale, the Collector shall cause a warning to be added to the relevant tax statement to the following effect: —
Taxes delinquent. This property will be sold for taxes in November of this year unless all taxes now delinquent for a period of two years are sooner paid.
1953-55-407.
409. (1) A charge or levy imposed under section 300, 300.1, 302 or 303, or any other charge or levy lawfully inserted in the real-property tax roll,
(a) is a charge or lien on the real property on or in respect of which the charge or levy is imposed,
(b) has priority over any claim, lien, privilege or encumbrance of any person except the Crown, and
(c) does not require registration to preserve it.
(2) The amount of a charge or levy referred to in subsection (1) is to be collected in the same manner and with the same remedies as ordinary real-property taxes under this Act.
(3) A charge referred to in subsection (1) that is due and payable by December 31 and unpaid on that date is deemed to be delinquent taxes and must promptly be entered as such on the real-property tax roll by the Collector of Taxes.
1997-25-192; 2007-6-46.
409.1 (1) An owner of real property aggrieved by the creation of a charge or lien under section 409 may appeal to the Collector of Taxes, who may correct errors made in applying the charge or levy referred to in section 409 (1) to the property.
(2) An owner who has appealed under subsection (1) but who remains aggrieved may complain to the Council, sitting as a Court of Revision, which may correct errors made in applying the charge to the property.
(3) An owner who has complained under subsection (2) but who remains aggrieved may, on 10 days' written notice to the city, apply to the Supreme Court for an order that the charge be removed or that the amount for which the charge was imposed be varied.
(4) On an application under subsection (3), if the court is satisfied that any of the charges or levies for which the charge or lien was created were made improperly, it may order that the charge or lien be removed or that the amount be varied, or make another order it considers proper.
1997-25-192.
410. Real-property taxes levied by by-law shall, unless the by-law otherwise provides, be deemed to be due on and from the first day of January of the year in which the by-law is passed.
1953-55-410; 1990-31-21.
411. Real-property taxes shall be deemed to be delinquent which remain unpaid at the close of business on the thirty-first day of December of the year in which they are levied.
1953-55-411.
412. The Council may by by-law provide for the acceptance by the Collector of moneys to be applied at a future date in payment of real-property taxes, and may in such by-law provide terms and conditions upon which such moneys shall be accepted and held, and the rate of interest to be paid thereon.
1953-55-412; 1970-54-22.
413. Real-property taxes levied on any real property shall, subject to any lawful exemptions, be payable by the person whose name appears as owner thereof on the real-property tax roll prepared pursuant to the provisions of this Act, except that if the name of some other person appears thereon as owner under agreement of such real property, the taxes shall be payable by such owner under agreement, and if the real property is Crown lands, the taxes in respect of the occupier's right or interest shall be payable by the person named on the roll as the occupier.
1953-55-413; 2022-15-64.
413A. In any case where the Crown in right of the Province has agreed to sell lands which are situate within the city on conditions of deferred payment, and in case the holders of such agreements of sale have defaulted in making payment for such lands or have abandoned such lands, and the title thereto remains in the Crown, and in case such agreement-holders have made default in the payment of any taxes assessed against such lands by the city, then in each such case the taxes assessed shall be a first charge against such lands, and the Province shall, at the time of selling such lands, pay, out of the proceeds of such sale, to the city the amount of the taxes; provided that the amount so paid shall in no case exceed the amount received by the Province from such sale.
1957-85-10.
414. Real-property taxes payable under this Act, together with interest thereon, shall constitute a special lien upon the real property in respect of which they are payable, having preference to any claim, lien, privilege, or encumbrance of any person except the Crown, and shall not require registration to preserve it.
1953-55-414.
415. (1) Unless otherwise provided by a by-law passed pursuant to subsection (2) hereof, interest at the rate of 8% per annum compounded annually shall be added to all real-property taxes that become delinquent on or after December 31, 1969, and to delinquent taxes and interest that remain delinquent after December 31, 1969.
(2) Council may, from time to time, by a by-law passed not later than September 30 in any year impose interest to be compounded annually on real-property taxes which are delinquent in the calendar year following the enactment of such by-law. 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.
1978-41-27.
416. (1) Notwithstanding any provision of this Part, the Council may, by by-law, provide for the payment of real-property taxes and other charges imposed, or to be imposed, pursuant to this Act, by monthly, quarterly, or twice-yearly instalments.
(2) A by-law passed pursuant to this section may provide for the collection of taxes and other charges in advance of the passing of the rating by-law or a by-law under section 374.3 or preparation of the real-property tax roll, and may provide for a penalty on any amounts unpaid on the date they become due and payable; provided, however, that any such penalty when combined with all other penalties imposed pursuant to section 376 shall not exceed the limitation set out in section 376.
(3) A by-law providing for the collection of taxes and other charges in advance of the preparation of the real-property tax roll shall provide that the amount of the instalment payable in respect of such parcel of real property shall be a percentage of the amount of taxes and other charges payable on the real-property tax roll for the immediately preceding year.
(4) For the purposes of this section, real-property taxes and other charges shall include school taxes and all other taxes, levies and charges in respect of real property which the city is required to impose pursuant to any statute.
1974-104-37; 1990-31-22.
417. Payment of taxes shall be credited by the Collector in the following order, against
(a) delinquent taxes including interest,
(b) taxes in arrear including interest,
(c) a penalty or percentage addition in the current year,
(d) taxes imposed under the School Act, and
(e) unpaid current taxes levied by by-law for the current year.
1989-61-224; 1990-31-23.
418. The Collector, upon payment of the prescribed fee, shall furnish to any applicant therefor a memorandum showing what real-property taxes, if any, are payable in respect of any parcel on the tax roll. The fee, unless otherwise determined by the Council, shall be twenty-five cents for a memorandum covering up to five parcels and an additional five cents for each parcel beyond five.
1953-55-418.
419. The taxes as set out in the real-property tax roll with respect to any parcel shall, after the expiration of one year from the passing of the by-law purporting to levy them, be deemed to have been duly and legally levied and imposed on that parcel, except where within the said period of one year an action has been commenced questioning the legality of such taxes.
1953-55-419; 1990-31-24.
420. The production of a copy of the part of the real-property tax roll showing the real-property taxes with respect to any parcel shall in any Court be prima facie evidence that the person shown thereon as owner, owner under agreement, or occupier, as the case may be, is indebted to the city for real-property taxes in the amount shown on such copy.
1953-55-420.
421. Where the boundaries of a parcel, as it appears on the roll, are altered so as to create a new parcel, and where real-property taxes on such first-mentioned parcel are unpaid, the Collector may apportion such taxes in the proportion that the value of the new parcel bears to the value of the old, and in arriving at such apportionment the Collector may accept the certified valuation of the assessor. Upon such apportionment, the sums so apportioned as taxes shall be deemed to be real-property taxes levied upon such new parcel.
1953-55-421; 1977-30-160, proclaimed effective September 30, 1977.
421A. The city is the agent
(a) of the Province for the collection of school taxes levied by the Province under the School Act, and
(b) of the Board of School Trustees of School District No. 39 (Vancouver) for the collection of school referendum taxes levied by the board of education under the School Act.
1990-2-31; 2007-29-44.
421B. (1) Subject to subsection (2), moneys collected pursuant to section 421A shall be held to the use of the municipality.
(2) The Council shall pay to the Board of School Trustees of School District No. 39 (Vancouver) the amount of school referendum taxes imposed in accordance with the requisition of the board under a bylaw adopted under section 113 (1) of the School Act.
(2.1) The Council shall pay to the Minister of Finance the amount of school taxes imposed in accordance with the requisition of the Province under section 120.3 of the School Act.
(3) Borrowing by the Council for the purposes of subsection (2) shall not require the assent of the electors.
1968-53-24; 1982-2-56, effective midnight December 31, 1981; 1989-61-226; 1990-2-32; 1997-25-193; 2003-54-27; 2018-4-105.
421C. Taxes levied under the School Act that are unpaid as at the thirty-first day of December together with any percentage addition on them become delinquent real-property taxes of the city on the thirty-first day of December in the year in which the taxes were levied.
1990-2-33.
Sale of Real Property for Delinquent Taxes Thereon
422. The Collector shall, on the first Wednesday in November in each even-numbered year and on the second Wednesday in November in each odd-numbered year, at ten o'clock in the forenoon at the City Hall, proceed to offer for sale by public auction every parcel of real property on which, according to the real-property tax roll, any unpaid taxes have been delinquent for a period of two years.
1953-55-422.
423. Unless the Council otherwise directs, the right or interest of an occupier of Crown lands shall not be offered for sale.
1953-55-423.
424. During the month of October preceding the sale, the Collector shall cause general notice thereof to be published in accordance with section 3 and in one issue of the Gazette.
1953-55-424; 2010-6-133.
425. The Collector shall be the auctioneer at such sale unless the Council appoints some other person to be auctioneer, and the auctioneer may adjourn the sale from time to time as may be necessary until all the parcels offered for sale are disposed of.
1953-55-425.
426. Even if the advertising has started, the Collector shall withdraw from the sale any parcel in respect of which there is paid to the Collector before the parcel is actually sold,
(a) all the delinquent taxes in respect of which the parcel is subject to sale,
(b) interest to the date of payment, and
(c) the amount determined by Council to defray any expense reasonably incurred by the city in respect of the offer to sell that parcel.
1992-57-9.
427. The auctioneer shall not sell any parcel for less than the upset price, being the sum of
(a) the delinquent taxes thereon in respect of which the parcel is subject to sale, together with interest to the day on which the sale begins;
(b) 5% of the delinquent taxes and interest, or $3, whichever is the greater amount;
(c) the current Land Title Office charge.
Save as aforesaid, the highest bidder for any parcel shall be the purchaser. If there are no bids, or no bids equal to the upset price, the city shall be declared to be the purchaser, and in that case, and in any case under section 429, the provisions of this Act shall thereafter, mutatis mutandis, apply as if a person other than the city had become the purchaser.
1953-55-427; 1992-57-10.
428. If the Collector so directs, and as often as the Collector directs, any parcel of which the city has been declared to be the purchaser shall, while the sale continues, be again put up for sale on the same conditions as before.
1953-55-428; 2022-15-73,Sch 1.
429. The purchaser of a parcel at the sale shall forthwith pay to the Collector for the use of the city the amount of the upset price, otherwise the auctioneer shall declare the city to be the purchaser of such parcel at the amount of the upset price.
1953-55-429.
430. Upon payment by the purchaser of the upset price, the balance of the purchase-money, if any, together with all real-property taxes then delinquent and interest, shall be payable at the expiration of one year from the day on which the sale begins, unless redemption takes place in the meantime.
1953-55-430.
431. The purchaser having paid the upset price for a parcel and having caused to be filed with the Collector a statement showing
(a) the full name, address, and occupation of the purchaser;
(b) an authorization enabling the Collector to apply on behalf of the purchaser to register any necessary documents in the land title office
shall be entitled to a certificate of purchase.
1953-55-431; 1978-25-334, proclaimed effective October 31, 1979; 1997-25-194.
432. The certificate of purchase shall be signed by the Collector, or some person authorized by the Collector for the purpose, and shall show
(a) the name, address, and occupation of the purchaser;
(b) the description of the parcel purchased;
(d) the last day for redemption.
1953-55-432; 2022-15-75,Sch 3.
433. The certificate of purchase shall also contain a copy of sections 439 and 441.
1953-55-433.
434. A purchaser other than the city may, at any time before the Collector makes application under section 440, transfer the purchaser's certificate of purchase by assignment in writing, executed, attested, and acknowledged in like manner as an instrument required to be registered under the Land Title Act. Upon receipt of such assignment, together with the certificate of purchase and a statement on behalf of the transferee containing the information and authority required under section 431, the Collector shall alter the Collector's records accordingly, and thereafter the transferee shall be deemed to be the purchaser in lieu of the transferor.
1953-55-434; 1978-25-332, proclaimed effective October 31, 1979; 1997-25-195; 2022-15-65.
435. The Collector, within six months after any parcel has been sold, shall cause to be mailed by registered post to every person who at the time of the sale had any registered interest in, or charge upon, the parcel a notice stating
(a) the day on which the sale began at which the parcel was sold;
(d) the last day for redemption of the parcel;
(e) the name of the owner, or owner under agreement, taken from the real-property tax roll.
The address shown on such tax roll shall be sufficient in the case of owners and owners under agreement. In respect of others, the address appearing on the application for registration of such interest in the land title office shall be sufficient. Such notice shall have printed thereon a copy of sections 437 and 438.
1953-55-435; 1978-25-334, proclaimed effective October 31, 1979; 1997-25-196.
436. Notwithstanding that any parcel may have been sold for real-property taxes, it shall, during the time allowed for redemption, remain on the assessment roll and on the tax roll in the name of the owner, or owner under agreement, as it appears thereon at the time of the sale; real-property taxes shall continue to be payable by such owner, or owner under agreement, and shall continue to constitute a special lien on the parcel as provided by section 414.
1953-55-436.
437. The owner of the parcel sold, or any person having an interest therein, or any person on behalf of either of them, may, at any time within one year from the day on which the sale began, but not afterwards, redeem the parcel so sold by paying or tendering to the Collector for the use and benefit of the purchaser, or the purchaser's legal representative, the sums paid by such purchaser, together with interest at six per centum per annum and, in addition for the use and benefit of the city if the parcel is redeemed after the first day of October, any taxes which are delinquent for more than two years, with interest thereon; and the Collector shall thereupon give such owner or other person a receipt showing the amount paid, the description of the parcel, and a statement that the parcel has been redeemed.
1953-55-437; 2022-15-76,Sch 4.
438. The purchaser of any parcel shall, while it remains unredeemed, be entitled to complain against the assessment and appear at a property assessment review panel appointed under the Assessment Act.
1953-55-438; 1977-30-161, proclaimed effective September 30, 1977; 1998-22-34.
439. If any parcel purchased by someone other than the city remains unredeemed at the expiration of the time for redemption, the Collector shall forthwith cause to be mailed to the purchaser thereof by registered post at the address shown in the purchaser's certificate of purchase a demand for the payment of
(a) the balance of the purchase-money, if any, in respect of such parcel;
(b) all taxes on such parcel which are delinquent at the date of the demand, together with interest thereon.
1953-55-439; 2022-15-76,Sch 4.
440. If such purchaser, within thirty days from the date of the mailing of the demand, pays to the Collector the amount so demanded, or if the city, being the purchaser, makes the payment in the last section mentioned, the Collector shall forward to the Registrar of Land Titles a notice of the completion of the purchase of the parcel showing the full name, address, and occupation of the purchaser, together with a fee of five dollars and an application for the registration of the purchaser as owner of such parcel; and the Registrar of Land Titles shall register an indefeasible title to the land in the name of that purchaser as owner of the parcel without requiring the production of any outstanding certificate of title or duplicate certificate of indefeasible title.
1953-55-440; 1982-60-122, proclaimed effective August 1, 1983; 1997-25-197.
441. If the purchaser fails to complete the purchase by paying to the Collector the amount so demanded with respect to any parcel within the time specified as aforesaid, the Collector shall forward a notice of such failure to the Registrar of Land Titles, who shall thereupon cancel the tax-sale notice in respect of that parcel, and the amount paid by the purchaser shall be forfeited and shall be the property of the city, but not as taxes paid in respect of such parcel.
1953-55-441; 1997-25-198.
442. Upon failure to complete the purchase, the taxes which were included in the upset price shall be restored to the real-property tax roll and the provisions of this Act relating to the sale of real property for delinquent taxes shall again apply.
1953-55-442.
443. Where the sale of a parcel purporting to be a sale thereof for real-property taxes pursuant to the provisions of this Act is made, every right or interest of the person who at the time of the sale was the owner, or owner under agreement, of the parcel shall immediately cease and determine, except that
(a) the parcel shall be subject to redemption as provided in this Act;
(b) the right to possession of the parcel shall not be affected during the period of redemption, subject, however, to impeachment for waste;
(c) any person having a registered interest in the parcel may during the period of redemption, but not afterwards, bring an action to have the sale of the parcel set aside and declared invalid, but the grounds for such action shall be limited to the following: —
(i) That the parcel was not liable to taxation during the time in which the taxes for which it was sold were levied; or
(ii) That the taxes for which the parcel was sold were fully paid; or
(iii) That the sale at which the parcel was disposed of was not fairly and openly conducted.
1953-55-443.
444. If in any such action the sale is set aside and declared invalid on the ground that the sale was not fairly and openly conducted, the Court may order that the taxes accrued in respect of the parcel, together with interest, shall be, and continue to be, a special lien upon the parcel as if the sale had not taken place, and that such taxes and interest shall be deemed to be delinquent taxes, or the Court may order the immediate payment of such taxes and interest, or may make such other order as shall be just.
1953-55-444.
445. (1) If, during the period of redemption, the Council is satisfied that a manifest error has taken place in the sale or in the proceedings leading to the sale, the Council may, by resolution and after giving notice to the purchaser, cancel the sale to that purchaser.
(2) If a sale is cancelled under subsection (1),
(a) the city shall return to the purchaser the upset price together with interest at the rate of 6% per year, and
(b) the taxes, as they appeared on the real-property tax roll before the sale, shall be restored to the roll as delinquent taxes.
2013-4-14.
446. After the period of redemption has expired, no action shall be brought or proceedings commenced against the city, or the Registrar of Land Titles, or the minister charged with the administration of the Land Title Act, or the Land Title and Survey Authority of British Columbia, or the Collector, or the auctioneer, with respect to any parcel purporting to have been sold for real-property taxes under the provisions of this Act, except that an action for damages may be brought against the city only upon the following grounds, and no other: —
(a) That the parcel was not liable to taxation during the time in which the taxes for which it was sold were levied; or
(b) That the taxes for which the parcel was sold had been fully paid; or
(c) That the parcel had been redeemed during the period of redemption;
and then only if the action is brought within one year of the day upon which the period of redemption expired.
1953-55-446; 1978-25-332, proclaimed effective October 31, 1979; 1997-25-199; 2004-66-166.
447. No damages shall be awarded in such action if it appears that the plaintiff, or the person through whom the plaintiff claims, was aware during the period of redemption that the parcel had purported to have been sold under the provisions of this Act.
1953-55-447; 2022-15-73,Sch 1.
448. If the city as purchaser at a tax sale becomes the registered owner of a parcel under the provisions of this Act, the city may, in order to get vacant possession thereof, give to any occupant of such parcel four weeks' notice of its intention to sue out a writ of possession in the Supreme Court of British Columbia, and unless in the meantime the occupant registers a certificate of pending litigation against the parcel, the city shall, without any order for that purpose, be entitled to sue out such writ of possession immediately upon the expiration of the said period of four weeks on filing an affidavit showing due service of such notice.
1953-55-448; 1992-55-2.
449. The Council may by by-law provide for the acceptance by the Collector of moneys to be applied at a future date in redemption of any parcel sold for real-property taxes from any person entitled to redeem the parcel, and may by such by-law prescribe the terms and conditions upon which such moneys shall be received and held.
1953-55-449.
450. At any time within six months after it has become the purchaser of a parcel at a tax sale, the city may, by resolution of the Council, sell such parcel for an amount not less than the upset price, together with interest at six per centum per annum, but the right of redemption in respect of such parcel and the period of redemption reckoned from the day on which the tax sale began shall not be impaired.
1953-55-450.
451. (1) If the city as purchaser at a tax sale becomes the registered owner of a parcel and subsequently enters into an agreement to sell such parcel, and if the purchaser under such agreement makes default in the payment of principal, interest, taxes, or other charges due thereunder, the city need not bring an action to enforce its rights but may instead, if the Council by resolution so directs, cause notice to be given to the purchaser in writing at the address given in the agreement referring to this section and demanding payment of the amount in default to the city within ninety days from the giving of the notice and warning the purchaser that upon the purchaser's failure to remedy the default within the said ninety days, the purchaser and those claiming under or through the purchaser will forfeit any interest in the said parcel, together with any sums theretofore paid to the city under the agreement. If the purchaser fails to remedy the default within the said period of ninety days, all the right, title, and interest of the purchaser under the agreement, and all those claiming under or through the purchaser, shall, at the expiration of such period, absolutely cease and determine, and the parcel shall immediately become revested in the city, free from all claims by the purchaser, or anyone claiming under or through the purchaser, and, notwithstanding any Statute or rule of law or equity to the contrary, all payments made to the city under the said agreement shall be forfeited to the city. The city may file with the Registrar of Land Titles a statutory declaration proving such resolution, the giving of the notice, and the continued default, and thereupon the Registrar shall cancel any charge or encumbrance registered against the parcel in respect of the agreement.
(2) Where any parcel becomes revested in the city under subsection (1), the city may cause notice to be given to any occupant of such parcel requiring the occupant to vacate forthwith and giving to the occupant four weeks' notice of the city's intention to sue out a writ of possession of such parcel in the Supreme Court of British Columbia, and unless within such four weeks the occupant vacates the parcel or registers a certificate of pending litigation against the parcel, the city shall, without any order for that purpose, be entitled to sue out such writ of possession on filing with the District Registrar of the Court an affidavit proving service of the notice and failure to vacate.
1953-55-451; 1992-55-2; 1997-25-200; 2022-15-73,Sch 1; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
452. If the purchaser of a parcel at a tax sale completes a purchase by paying to the Collector a sum in excess of the upset price, together with the delinquent taxes and interest required of the purchaser under section 439, the owner, or owner under agreement, at the expiration of the period of redemption, or such other person as may be legally entitled to it, may claim such excess from the city. To the person establishing a claim to the satisfaction of the Collector, the city shall pay the excess.
1953-55-452; 2022-15-75,Sch 3; 2022-15-76,Sch 4.
453. If a claimant fails to establish a claim to the satisfaction of the Collector, the claimant may bring an action against the city in respect thereof in any Court of competent jurisdiction.
1953-55-453; 2022-15-73,Sch 1; 2022-15-76,Sch 4.
454. Any such excess shall belong absolutely to the city, if, within six years after the expiration of the time for redemption of the parcel in respect of which it was paid, no person has established a claim to the satisfaction of the Collector, and no action in respect thereof has been brought against the city.
1953-55-454; 2022-15-76,Sch 4.
Part XXI — Business Improvement Areas
455. In this Part
"applicant" means a corporation applying to the Council for a grant of money under this Part;
"assessed owner" means assessed owner as defined in section 498;
"business area" means an area in the city where business or commerce is carried on;
"business improvement area" means a business area designated by by-law as a business improvement area under section 456 (2);
"business promotion scheme" means
(a) carrying out studies or making reports respecting one or more business areas,
(b) the improvement, beautification or maintenance of streets, sidewalks or city owned land, buildings or structures in one or more business improvement areas,
(b.01) the removal of graffiti from buildings or structures in one or more business improvement areas,
(b.1) the conservation of heritage property in one or more business improvement areas, and
(c) the encouragement of business in one or more business improvement areas.
1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88); 1994-43-94; 2003-15-19.
456. (1) The Council may, by majority vote, grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.
(2) Before the Council grants money under subsection (1), the Council shall, by by-law,
(a) designate the appropriate business area as a business improvement area,
(b) establish the maximum amount of money to be granted, and
(c) require that all of the money granted to the applicant be recovered from owners of land or improvements, or both, who would be subject to a tax rate levied pursuant to section 459.
(3) A by-law adopted under this section requires
(a) a petition in compliance with section 506 (1), or
(b) an initiative in compliance with section 506 (2),
and those sections shall apply with the necessary changes and so far as applicable.
1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
457. (1) Where Council has, by by-law, established a business improvement area it may, by one or more by-laws,
(a) name the applicant to whom the money will be granted,
(b) require that the money granted shall be expended only
(i) by the applicant to whom the money is granted, and
(ii) in accordance with the conditions and limitations set out in the by-law and for a business promotion scheme set out in the by-law, and
(c) levy on every parcel of real property subject to the tax rate referred to in section 459 a rate sufficient to recover by way of real property taxes the money referred to in section 456 (2) (c).
(2) Where the Council enacts a by-law under subsection (1), it shall set conditions and limitations on the receipt and spending of money granted under section 456 and, without restricting the generality of the foregoing, shall, by the by-law, require
(a) that an applicant submit each year a budget for approval by Council,
(b) the applicant to account for the money provided to it under subsection (1) in the form and manner specified in the by-law, and
(c) the applicant to take out and maintain insurance of the type and the amount specified in the by-law.
1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
458. The Council may, by by-law, alter the boundaries of a business improvement area or merge 2 or more areas, whether contiguous or not, in the same manner as set out in section 456 (3).
1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
459. (1) For the purpose of a requirement under section 456 (2) (c), the Council may levy and impose within the business improvement area
(a) a rate on land or improvements, or both, that fall or would fall within Class 5 or 6 of the Assessments — Classes and Percentage Levels Regulation, B.C. Reg. 438/81, as that regulation stood on January 8, 1988, or
(b) a rate based on any factor determined by the Council.
(2) Rates under subsection (1) may be different for different classes of business.
(3) Rates under subsection (1) are to be levied in the same manner as set out in sections 516 and 517.
1998-34-310.
460. Pending the collection of a tax levied pursuant to this Part, the Council may advance sums required and may pay such sums back into the general revenue of the city when they are collected.
1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
461. Part XX applies in respect of taxes imposed under this Part.
1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
462. A by-law designating a business improvement area pursuant to section 456 ceases to have effect on the earlier of
(a) 20 years from the date the by-law comes into force, or
(b) a date specified in the by-law.
1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88); 1998-34-311.
Part XXII — Police Magistrates
474.1 In this Part
"justice" has the same meaning as in the Offence Act.
1989-30-51; 2014-19-171.
481. Notwithstanding anything to the contrary contained in this or any other Act, but subject to the Justice Administration Act and the Police Act, it is the duty of the city to bear the expense necessary to
(a) generally maintain law and order in the city;
(b) provide an office for the police department in the city and provide premises as a place of detention; and
(c) provide for the care and custody of persons held in those places of detention.
1974-64-58, proclaimed effective November 15, 1974; 1976-32-23A, proclaimed July 8, 1976, effective November 15, 1974; 1997-25-201; 1997-37-74.
482. The Council may, by by-law, provide that for a contravention of
(a) a by-law of the city respecting street traffic made under section 124 of the Motor Vehicle Act or section 317 of this Act; or
(b) any provision under section 324,
an information may be laid and a summons issued by means of a ticket in accordance with the procedure set out in section 14 of the Offence Act, R.S.B.C. 1979, c. 305, before its repeal and replacement by the Offence Amendment Act, 1982, and the provisions of that section apply with the necessary changes and so far as they are applicable to this section, and for that purpose
(c) a reference to the Lieutenant-Governor in Council shall be deemed to be a reference to the Council;
(d) a reference to the Province shall be deemed to be a reference to the city; and
(e) a reference to the regulations shall be deemed to be a reference to the by-laws.
1974-87-38; 1975-43-12; 1997-25-202.
482.1 (1) The Council or the Park Board may, by by-law,
(a) designate a by-law for the purpose of this section, other than a by-law in relation to a matter prescribed by regulation,
(b) designate as a by-law enforcement officer a person who comes within a class of persons prescribed by regulation, and
(c) authorize the use of any word or expression on a ticket issued under subsection (2) to designate an offence against a by-law.
(2) If a by-law is designated under subsection (1), a by-law enforcement officer may lay an information by means of a ticket for contravention of the by-law.
(3) Despite section 13 (1) of the Offence Act, an information laid by means of a ticket is valid whether or not it is taken under oath.
(a) any word or expression authorized by by-law under subsection (1) (c) to designate an offence against a by-law, or
(b) a general description of an offence against a by-law,
is deemed sufficient for all purposes to describe the offence designated by that word, expression or general description.
2007-6-47.
482.2 (1) A by-law may establish one or more of the following penalties in relation to an offence that is dealt with under sections 482.1 to 482.91:
(a) a fine not greater than the amount prescribed by regulation;
(b) in the case of a continuing offence, for each day that the offence continues, a fine not greater than the amount prescribed by regulation.
(2) In addition but subject to subsection (1), the by-law may establish different fine amounts that apply depending on whether the amount
(a) is paid on or before the thirtieth day from the date on which the ticket is served under section 482.3, or
(b) is paid after the day referred to in paragraph (a).
2007-6-47; 2021-30-56,Sch 2.
482.3 (1) When laying an information by means of a ticket, a by-law enforcement officer must indicate on the ticket the offence charged and must sign the ticket.
(2) The by-law enforcement officer must serve the ticket on the person alleged to have contravened the by-law.
(3) Service of a ticket under subsection (2) may be effected by
(a) serving a copy of the ticket on the person alleged to have contravened the by-law immediately after the alleged contravention, or
(b) causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.
(4) Service of a ticket under subsection (2) may be proved by
(a) the oral evidence given under oath of the person who served it, or
(b) the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.
(5) The certificate referred to in subsection (4) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature.
2007-6-47.
482.4 (1) If a fine established in accordance with section 482.2 is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,
(a) pay the fine indicated on the ticket to the city in accordance with the prescribed instructions, or
(b) dispute the allegation contained in the ticket by
(i) delivering or having delivered to the address set out in the ticket a written notice of dispute, or
(ii) appearing in person at the location set out in the ticket to give notice of dispute.
(2) A notice of dispute under subsection (1) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.
(3) For the purpose of subsection (1), a notice of dispute that is delivered by mail is deemed to have been delivered on the date it was mailed.
2007-6-47.
482.5 (1) A person who pays a fine in accordance with section 482.4 (1) (a) is deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed.
(2) If a person who is served with a ticket pays the fine as referred to in subsection (1), no conviction need be drawn up or entered unless it is required under the by-law contravened or by the person convicted or a prosecutor.
2007-6-47.
482.6 (1) If notice of dispute is given in accordance with section 482.4 (1) (b), the Council or Park Board must refer the ticket to the Provincial Court for a hearing.
(2) If a ticket is referred to the Provincial Court under subsection (1), the clerk of the court must send to the person who was served with the ticket, by ordinary mail to the person's address set out in the notice of dispute, a notice of the hearing specifying a time and place for the appearance of the person before a justice.
(3) If a person appears before a justice at the time and place specified in the notice under subsection (2), section 58 of the Offence Act does not apply to the person and the justice has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person.
(4) Despite section 60 of the Offence Act but subject to the Supreme Court Civil Rules, a justice hearing the trial on a ticket may
(a) admit as evidence, whether or not it would be admissible under the laws of evidence, any oral or written testimony or any record or thing that the justice considers is relevant to an issue in the trial and is credible and trustworthy, and
(b) adopt procedures that are conducive to justly and expeditiously determining the matter.
(5) As a restriction, a justice may not admit under subsection (4) (a) anything that is privileged under the laws of evidence.
(6) If a person who is served with a ticket
(i) appeared before a justice at the time and place specified in the notice under subsection (2), and
(ii) pleaded guilty to or been found guilty of the offence with which the person was charged, or
(b) is deemed under section 482.7 or 482.8 to have pleaded guilty to the offence with which the person was charged,
no conviction need be drawn up or entered unless it is required under the by-law contravened or by the person convicted or a prosecutor.
2007-6-47; 2010-6-97.
482.7 (1) A person is deemed to have not disputed a charge if the person fails to appear before a justice to dispute the charge
(a) at the time and place specified in the notice of the hearing referred to in section 482.6 (2), or
(b) at a new time and place set under section 482.9 (4).
(2) If a person is deemed under subsection (1) to have not disputed the charge,
(a) the person is deemed to have pleaded guilty to the offence with which the person was charged, and
(b) the fine amount indicated on the ticket is immediately payable to the city.
(3) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.
2007-6-47.
482.8 (1) A person served with a ticket under section 482.3 is deemed to have not disputed the charge if
(a) the person does not pay the fine or dispute the charge, as provided in section 482.4 (1), and
(b) at least 14 days have elapsed since the ticket was served on the person.
(2) If a person is deemed under subsection (1) to have not disputed the charge, section 482.7 (2) applies.
(3) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.
2007-6-47.
482.9 (1) A person who is served with a ticket but
(a) does not dispute the charge, or
(b) fails to appear before a justice at the time and place specified in the notice under section 482.6 (2),
may apply to a justice for a time extension in the circumstances established by this section.
(2) In the case of a person who did not dispute the charge, the person may only apply if
(a) the person has, through no fault of that person, not had an opportunity to dispute the charge, and
(b) not more than 30 days have passed since the end of the period referred to in section 482.4 (1).
(3) In the case of a person who failed to appear before a justice to dispute the charge, the person may only apply if
(a) the failure was through no fault of the person, and
(b) not more than 30 days have passed since the date specified in the notice under section 482.6 (2).
(4) The justice to whom the application is made, on being satisfied by affidavit in the prescribed form and with or without hearing from the applicant, that the applicable conditions set out in subsection (2) or (3) have been met may
(a) strike out the conviction, if any,
(b) in the case of a person who did not dispute the charge, allow the person 14 days after the date the conviction is struck to dispute the charge in accordance with section 482.4 (1), and
(c) in the case of a person who failed to appear to dispute the charge, set a new time and place for the appearance of the person before a justice.
(5) If a conviction is struck out under subsection (4), the justice must give the person a certificate of the fact in the prescribed form.
2007-6-47.
482.91 The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the form and content of the tickets issued under sections 482.1 to 482.9;
(b) prescribing matters for the purpose of section 482.1 (1) (a);
(c) prescribing classes of persons for the purpose of section 482.1 (1) (b);
(d) prescribing an amount for the purposes of section 482.2 (1);
(e) prescribing the form of a certificate of service for the purpose of section 482.3 (4);
(f) prescribing instructions for paying a fine for the purpose of section 482.4 (1) (a);
(g) prescribing the form of an affidavit for the purpose of section 482.9 (4);
(h) prescribing the form of a certificate under section 482.9 (5).
2007-6-47.
483. (1) The Council may, by by-law, provide for the disposal of property that has come into the possession of a member of the police department in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto.
(2) The by-law may authorize the sale of the property referred to in subsection (1) and the application of the proceeds of the sale, and the application of any money of which the owner cannot be ascertained, to all or any of the following purposes:
(a) The expense of carrying out the provisions of the by-law;
(b) The payment of reasonable compensation to any person by whom the property was delivered into the possession of the police;
(c) Payment into the general revenue of the city.
(3) If the property is a perishable article or its custody involves unreasonable expense or inconvenience, it may be sold at any time, but the proceeds of the sale shall not be disposed of other than to the lawful owner until they have remained in the possession of the city for 6 months.
(4) In any other case the property shall not be sold until it has remained in the possession of the police for at least 3 months.
1974-87-38; 1988-67-7; 1997-37-74; 2006-3-29.
485. A board of commissioners, to be known as the "Board of Parks and Recreation" or "Park Board," shall be elected as hereinafter provided, and shall consist of seven members or such other number as the Council may by by-law prescribe. The Board has the legal capacity to exercise the powers bestowed on it and to enforce those powers and the exercise thereof by actions, proceeding or prosecution.
1953-55-485; 1956-70-13; 1974-104-39; 1988-67-8.
486. (1) The members of the Board shall be nominated and elected at the same time and in the same manner as Councillors and, for these purposes, Part I applies.
(2) The terms of members of the Board shall be as set by the Council by by-law.
(3) Members of the Board take office by making an oath of office and, for these purposes, section 140 [oath of office] applies.
(3.1) A member of the Board may resign from office only by delivering a written resignation to the City Clerk and, for these purposes, section 142 [resignation from office] applies.
(4) In the event of a vacancy on the Board, a by-election need not be held unless directed by the Council, in which case the election shall be held in the same manner as an election under section 10.
1993-54-72; 1994-52-164; 2003-52-513; 2014-19-172.
486A. The following sections apply in relation to members of the Board:
(a) section 140 (4) [failure to make oath of office];
(b) sections 142.1 [application to court for declaration of disqualification], 142.2 [status of person subject to an application] and 142.3 [costs of an application];
(c) section 143 (4) to (6) [unexcused absence from meetings];
(d) sections 145.2 to 145.92 [conflict of interest];
(e) sections 145.97 [disclosure of charge] and 145.98 [mandatory leave of absence].
2014-19-173; 2022-15-67.
486B. Sections 145.93 and 145.94 apply to the Board.
2021-30-54.
486C. If, as a result of section 145.98, the number of members of the Board who may exercise their powers is reduced to fewer than the number that is required for the Board to exercise its powers, the minister may
(a) order that the reduced number of members constitutes the required number of members for the Board to exercise its powers until the previous requirement can be met, or
(b) appoint qualified persons to act on behalf of the members who are on a leave of absence under section 145.98.
2022-15-68.
488. (1) The Board shall have exclusive possession of, and exclusive jurisdiction and control of all areas designated as permanent public parks of the City in a manner prescribed in subsection (5) of this section, and such areas shall remain as permanent public parks, and possession, jurisdiction and control of such areas shall be retained by the Board; provided that such designation may be revoked or cancelled in accordance with the provisions of any agreement creating such designation pursuant to paragraphs (c) and (d) of subsection (5) of this section or, in the case of a designation, pursuant to paragraph (a) or (f) of subsection (5) of this section, by resolutions of both City Council and the Park Board where, in each case, the same was passed by an affirmative vote of not less than 2/3 of all the members thereof.
(2) The Board shall have exclusive possession of, and exclusive jurisdiction and control of all areas of the City that are designated by resolution of Council as temporary public parks. Resolutions designating areas as temporary public parks shall not be revoked except by a resolution of Council requiring the affirmative vote of not less than 2/3 of all members of Council.
(3) The Board shall have the custody, care and management to the extent prescribed by Council of such other areas belonging to or held by the City as Council may from time to time determine.
(4) The areas referred to in subsections (1), (2) and (3) of this section are referred to in this Part as "the parks".
(5) Real property is designated as a permanent public park by
(a) a declaration as such by a resolution or by-law of Council;
(b) statutory appropriation of specific real property for park purposes;
(c) dedication by either a person or by the City by deposit of a subdivision plan in the Vancouver Land Registry Office;
(d) gift to the City for permanent public park purposes;
(e) covenant in a document transferring real property to the City indicating that the transferred lands are to be used for park purposes together with acceptance of same by the City;
(f) purchases made with funds borrowed with the assent of the electors under Part V for the acquisition of permanent public parks.
(6) Subject to the provisions of section 490, possession of, and exclusive jurisdiction and control of real property includes the authority to determine how such real property shall be used, what fees or rental charges may be established and imposed and, subject to sections 492 and 493, what improvements shall be made thereon, including the removal or demolition of any existing improvements.
(7) Exclusive jurisdiction and control of parks and the property comprising them also includes the power to prohibit the selling of anything, and the provision of services or performances of any type without the permission of the Board. In granting permission, the Board may impose such terms and conditions as it deems appropriate.
(8) Fees and charges established and imposed under this section may be different for different classes of persons and activities.
1978-41-28; 1988-67-9; 1993-54-73; 1994-52-165; 2023-16-35.
489. (1) The Board shall have power to provide for
(a) constructing, acquiring, maintaining, equipping, operating, supervising, and controlling such buildings, structures, and facilities as may be required for the recreation, comfort, and enjoyment of the public while within the parks;
(b) accommodation for sports and games, and spectators thereof, and setting aside and reserving portions of the parks for specified kinds of sports and games;
(c) entertainment through musical, theatrical, and other activities in the parks, and making a charge for admission thereto;
(d) charging and collecting fees for admission to any building or place in the parks set aside for sports or games, whether by spectators or participants;
(e) closing to the free use of the public the whole or any part of any of the parks, or the whole or any part of any building therein, at such times and for such periods as may be deemed advisable; and charging and collecting a fee for admission to the parks or buildings, or parts thereof, during such periods; and providing penalties for unauthorized entry during such periods;
(f) establishing, equipping, supervising, controlling, and maintaining playgrounds for children in any of the parks;
(g) acquiring the necessary furniture and equipment for the buildings and activities carried on in the parks;
(h) accommodation, recreation, supervision, control, and safety of persons using such parts of the parks as are designated for public bathing, and fixing and collecting fees therefor;
(i) establishing, maintaining, and operating indoor and outdoor swimming baths and pools in the parks, and fixing and collecting fees for the use thereof;
(j) acquiring bicycles and similar vehicles for the use of the public, and maintaining places in the parks where persons may rent them;
(k) establishing, maintaining, operating, and equipping landing and other places in the parks where persons may rent boats and other water-craft or accommodation therein, and acquiring and operating such boats and water-craft;
(l) establishing, maintaining, and operating stands and places for the preparation and sale of foods, confections, beverages, and other refreshments, and for the provision of services and the sale of tobacco products, as well as souvenirs, curios, postcards, magazines, and the like, to the public in any of the parks;
(m) establishing, maintaining, and operating in any of the parks places for the confinement, exhibition, and accommodation of animals, fish, birds, reptiles, and other creatures which may be objects of interest to the public, and making a charge therefor;
(n) designating areas in the parks or elsewhere in which persons may bathe, swim, or engage in water sports in public, and prohibiting them from so doing in areas not so designated, and regulating the dress of persons while bathing, swimming, or engaged in water sports and while going to and returning from such areas;
(o) designating areas in the parks where persons may skate, ski, or sleigh, and for the supervision and control of persons engaged in such activities;
(p) doing such other things with respect to any of the parks as the Council shall from time to time authorize;
(q) doing such other things in furtherance of any of the above powers as shall be deemed expedient;
(r) organizing and conducting, and contracting with others to organize and conduct, recreational programs of all kinds, either in parks or in such other locations as may be approved by the Board or any of its employees designated for this purpose, and for fixing and collecting fees for such programs.
(2) Fees and charges imposed under this section may be different for different classes of persons and activities.
1953-55-489; 1988-67-10; 1994-52-166.
489A. The Council may authorize the Board, and the Board when so authorized shall have power, to perform any works and provide any services with respect to real property not within the parks for any non-profit or charitable institution in any case where the Council deems such works or services to be to the general advantage of the city and that such institution is performing a work or service for the public benefit, and the city may enter into an agreement with such institution for the performance of such works or provision of such services if Council deems it expedient.
1961-76-8.
489B. The Council may, by by-law, provide for payments to members of the Board in the same manner as permitted for members of Council and, for these purposes, sections 196 and 196A apply.
1994-52-167.
490. (1) Subject to sections 492 and 493, the Board, in the name of the City, may by lease, licence, or any other agreement, permit any person to occupy any building or place or any part thereof in a permanent public park, on such terms as to remuneration or otherwise as to the Board may seem expedient. Such agreements shall contain a provision providing for the termination thereof if such park ceases to be a permanent public park pursuant to the provisions of subsection (1) of section 488.
(2) Subject to the provisions of sections 492 and 493, the Council may delegate to the Board power, in the name of the City, to enter into agreements permitting any person to occupy any building or place in a temporary public park or any part thereof on such terms as to remuneration and otherwise as the Board may deem expedient.
(3) Any agreement made pursuant to this section shall be executed in the manner specified by the Board.
1978-41-29; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
491. (1) In the exercise of any of its powers, the Board may from time to time pass, amend, and repeal by-laws (not inconsistent with any by-law passed by the City Council) to be observed in the parks, or any of them, for the control, regulation, protection, and government of the parks and of persons who may be therein, including
(a) the exclusion from any of the parks, or any part thereof, of any animal or vehicle;
(b) the assembling or gathering of persons in any of the parks, and, if deemed necessary, the prohibition of such assemblies or gatherings;
(c) the regulation of advertising or signs of any kind in any of the parks, including the regulation of the number, size, type, form, appearance and location of signs, whether projecting into a street or not;
(d) prohibiting persons from damaging trees, shrubs, flowers, or other growing things, or fences or other property, in the parks; and from depositing rubbish, bottles, paper, or other discarded materials in the parks;
(f) the delegation to the General Manager, or such other person as may be named, of any or all of the powers set forth in clauses (a), (b), (c), and (d) hereof.
(2) The Board may, for purposes of subsection (1) (c), 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).
1973-55-491; 1973-93-20; 1984-32-13; 1992-57-12; 1994-52-168; 2009-22-85.
491.1 (1) The Board may, by by-law, provide for the relaxation of a by-law under section 491 (1) (c) in one or more of the following circumstances:
(a) enforcement of the by-law would result in unnecessary hardship;
(b) the advertising or sign is
(ii) on property in an area identified as a historic area in an official development plan or a zoning by-law;
(c) the advertising or sign uses technology not contemplated under the by-law;
(d) the advertising or sign is in relation to a special event, as designated by the Board by by-law or resolution.
(2) A by-law under subsection (1) may authorize such relaxations to be made by the Board or the General Manager.
(3) A relaxation under this section, whether made by the Board or the General Manager, may be limited in time and may be made subject to conditions.
(4) A person whose request for a relaxation is dealt with by the General Manager is entitled to have the Board reconsider the matter.
2009-22-86.
491A. (1) The Board may make by-laws for the procedure and conduct of meetings of the Board and for the selection of the Chair of the Board.
(2) Section 145.1 applies to meetings of the Board.
1994-52-169.
492. The Board shall, at the beginning of each year, cause to be prepared and submitted to the Council a detailed estimate of the receipts from every source, and of the expenditures of the Board of every kind, during that year, showing the amount estimated to be necessary for the purposes of the Board up to the thirty-first day of December next thereafter. The said estimate shall be considered by the Council and adopted in whole or in part.
1953-55-492.
493. (1) Save by resolution of the Council, the Board shall not authorize or make any expenditures except those provided for in the estimate as adopted by the Council.
(2) The Board may, for periods of not more than twelve months at a time, give authorization in advance to the General Manager to draw warrants for payment prior to approval of the Board, but every warrant for a payment so authorized in advance shall be reported in writing by the General Manager to the Board within fifteen days after the end of the month in which the warrant is drawn.
1953-55-493; 1962-82-15; 1974-104-39; 1984-32-14.
494. The provisions of section 151 shall, mutatis mutandis, apply to the Board, and with respect to any by-law passed under this Part the provisions of section 333 shall, mutatis mutandis, apply.
1953-55-494.
495. The Chair may and, upon the written requisition of any two members, shall call a special meeting of the Board to deal with any matter of which notice is given specifying the purpose of the meeting. Except by the unanimous consent of all the members, at least forty-eight hours' notice of a special meeting shall be given.
1953-55-495; 1992-57-12.
495A. (1) If permitted under subsection (2), a meeting or special meeting of the Board may be conducted by means of electronic or other communication facilities.
(2) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (1) and prescribing conditions, limits and requirements respecting such meetings.
2021-16-21.
496. A person employed by the Board as a warden, lifeguard or security guard in parks has, while performing a duty in a park, all the powers and authority of a police constable.
2022-15-69.
497. The Council may enter into agreements on behalf of the city with neighbouring municipalities for the joint acquisition, regulation, management, maintenance, improvement, and control of any public park, beach, pleasure-ground, or recreation-ground, and may grant or expend money for the upkeep, maintenance, improvement, or management of any such public park, beach, pleasure-ground, or recreation-ground, notwithstanding that the same may not be in the city.
1953-55-497.
497A. Notwithstanding anything contained in any other Act, the jurisdiction and powers of the Board of Parks and Recreation and of every warden, lifeguard or security guard employed by the Park Board shall extend to and be as valid and effectual within the boundaries of the public parks of the city and such other areas as are in the custody, care, and management of the Board, situate outside the boundaries of the city, as if such parks and other areas were situate within the city; provided that nothing herein contained shall be deemed to affect the exercise within the boundary of any such parks and other areas by any other authority, officer, or constable of any jurisdiction or power under any other Act.
1967-63-8; 1974-104-39; 2022-15-70.
Part XXIV — Local Improvements
498. In this Part, unless the context otherwise requires,
"assessed owner" means the person appearing by the records kept by the Collector of Taxes to be the owner of any parcel of real property, unless it appears by such records that the parcel is held by an owner under agreement, in which case "assessed owner" means such owner under agreement. In the case of a parcel of Crown lands it shall mean the occupier of the said parcel;
"cost of the project" may include
(a) surveying and engineering expenses;
(b) cost of advertising and of mailing notices;
(c) interest on temporary loans;
(d) interest during construction;
(e) compensation for real property acquired for the purpose of the project or injuriously affected by it, and the expense incurred by the city in connection with the determination of such compensation;
(f) the estimated cost of the issue and sale of debentures and of any discount allowed to the purchasers of them;
(g) expenditures which, at the time of their authorization, were designated by Council to form part of the cost of an anticipated local improvement.
1953-55-498; 1957-85-19; 1974-104-40; 1977-30-162, proclaimed effective September 30, 1977.
499. For the purposes of this Part, a notice shall be deemed to be mailed to a person if it is mailed, addressed to such person at the person's actual place of residence or of business, if known, or at the person's address as it appears in the records kept by the Collector of Taxes.
1953-55-499; 1977-30-163, proclaimed effective September 30, 1977; 2022-15-76,Sch 4.
500. (1) When, in the exercise of any of its powers of effecting and carrying out any works, improvements, or services, the Council deems that any such works, improvements, or services will specially benefit real property in a limited and determinable area, the Council may from time to time, subject to the provisions of this Part, undertake and carry out such works, improvements, or services (in this Part referred to as "projects") and pass by-laws (herein referred to as "local improvement by-laws") for borrowing on the general credit of the city such sums as may be necessary to defray the cost of any such project and for levying and collecting taxes based on special assessments imposed, save as hereinafter provided, upon the real property so deemed to be specially benefited, for the payment of all or any part of such cost.
(2) Instead of passing a separate by-law for each such project, the Council may pass one by-law in respect of several projects.
1953-55-500; 1957-85-14; 1960-80-9; 1961-76-9.
501. The amount of taxes so to be levied and collected (herein referred to as the "property-owners' share of the cost") shall be apportioned against the individual parcels of real property in the area in proportion to their respective special benefits on the basis and in the manner prescribed by by-law.
1953-55-501.
502. Any part of the cost of a project not so to be levied and collected (hereinafter referred to as "the city's share of the cost") shall be paid by the city, and the Council may from time to time, by by-law, provide for such payment out of the general revenue of the city, or out of capital funds raised by the issue of debentures upon the general credit of the city at large for the purpose of creating a general fund to provide the city's share of the cost of local improvements either before or after the initiation, commencement, or completion thereof.
1953-55-502; 1955-114-15.
503. The amount of taxes that would otherwise be collected under this part from the Crown shall be paid by the city, unless the Crown pays them or their equivalent voluntarily.
1953-55-503.
504. (1) Every parcel of real property that is exempt from real property taxation under Part XX is liable to be specially assessed and to be taxed under this Part except
(b) real property vested in the City, or
(c) real property vested in the Board of School Trustees of School District 39 (Vancouver), or
(c.1) real property located within the boundaries of School District 39 (Vancouver) that is vested in the Conseil Scolaire Francophone de la Colombie-Britannique continued under section 166.12 of the School Act, or
(d) real property of a hospital that is exempt from real property taxation under section 396 (1) (c) (iii).
(2) Notwithstanding subsection (1),
(a) the right or interest of an occupier of Crown land, or
(b) real property vested in the City that Council, by resolution, has declared to be liable to be specially assessed and taxed under this Part with respect to the cost of a project specified in the resolution,
is liable to be specially assessed and taxed under this Part.
(3) Subsection (1) (d) does not apply to real property in respect of which a special assessment may be made and taxes levied under this Part for the payment of all or part of the cost of a project undertaken by a by-law passed prior to January 1, 1976 under this Part, until the property-owner's share of the cost prescribed by the by-law in respect of the cost of that project has been fully paid.
(4) This section shall be deemed to have come into force on January 1, 1976, and is retroactive to the extent necessary to give it full force and effect on and after that date.
1976-32-23, proclaimed July 8, 1976, effective January 1, 1976; 1990-32-13; 1997-52-75.
505. The Council may, pending the completion of a project, borrow from any bank or other person, by way of temporary loans, the necessary amounts to meet the cost of the project, and upon such completion may pass a by-law for the issue of debentures to repay such temporary loans.
1953-55-505.
506. The Council may, in its discretion, undertake and carry out a project in any of the following cases: —
(1) By petition: If there has been filed with the City Clerk a sufficiently signed petition praying that a work, improvement, or service, claimed to be of special benefit to real property in a limited and determinable area designated in the petition, be undertaken and carried out. The petition shall be deemed to be sufficiently signed if at least two-thirds in number of the assessed owners as at the date of the filing, representing at least one-half the value according to the last real-property assessment roll of the parcels liable to be specially assessed, have signed the petition; or
(2) On the initiative of the Council:
(a) If the Council, by resolution passed by at least two-thirds of all the members present, has declared that it is desirable that a work, improvement, or service which the Council deems will specially benefit the real property in a limited and determinable area designated in the resolution be undertaken and carried out; and
(b) If, after notice of the Council's intention to undertake the project has been mailed to the assessed owners of the parcels liable to be specially assessed, a sufficient number of notices of objection to the project has not been filed with the City Clerk during the period of one month after the mailing of such notice. The notice so to be mailed shall be sufficient if it sets out in general terms
(i) a description of the project;
(iii) the estimated total cost of the project and the city's share of the cost;
(iv) the estimated annual rate per front foot or otherwise to the person notified;
(v) the number of annual payments to be required.
A sufficient number of notices of objection to a project shall be deemed to be filed if at least more than one-half in number of the then assessed owners, representing at least more than one-half of the value according to the last real-property assessment roll, of the parcels liable to be specially assessed have, in writing, given notice to the City Clerk within the time above prescribed that they object to the project.
(3) On special grounds: If the Council, by resolution passed by two-thirds of all its members, has declared that it is necessary in the public interest that in a limited and determinable area designated in the resolution any of the following works, improvements, or services should be undertaken or carried out: —
(a) The construction, enlargement, or extension of any system of sewerage or drainage which the Council deems will specially benefit the real property in the area; or
(b) The acquisition of real property for establishing or enlarging a lane where the Council deems that such acquisition will specially benefit the real property in the area; or
(c) Upon a street designated in the resolution,
(i) street lighting should be installed, constructed, and equipped for the better lighting of such street which the Council deems will specially benefit the real property in the area; or
(ii) a sidewalk of such materials and width as may be specified in the resolution should be constructed which the Council deems will specially benefit the real property in the area; or
(iii) paving, repaving, or resurfacing of a street or the widening of the pavement on a street which Council deems will specially benefit the real property in the area.
The taxes to be levied against any parcel pursuant to this clause (c) shall not exceed twenty-five per centum of the assessed value of such parcel (exclusive of improvements);
(d) the acquisition and development of parks where the Council deems such acquisition will specially benefit the real property in the area.
1953-55-506; 1960-80-10; 1961-76-11; 1967-63-10,11; 1974-104-41 to 43; 2003-66-58.
506A. (1) Where a collective parking project (hereinafter called "the parking project") undertaken by Council as a local improvement pursuant to subsection (1) of section 506 has been completed, then the Council may pass a by-law annually to provide for any or all of the following: —
(i) cleaning, maintaining, and repairing the parking project;
(ii) supplying electrical energy for the lighting of the parking project;
(iii) supplying water for the parking project;
(iv) public liability insurance covering the parking project, the amount of such insurance to be established by the Council:
(b) A sum equal to real-property and local-improvement taxes which would be levied against the parking project but for the exemptions from such taxes allowed on real property vested in the city,
by a special assessment imposed upon the real property benefited by and specially assessed for the construction of the parking project sufficient to defray such costs and charges. A schedule shall be appended to the by-law establishing the amount of such costs and charges that is to be levied against each parcel of land specially assessed. The by-law shall set out the period to which such costs and charges apply.
(2) The costs and charges levied against each parcel of land pursuant to subsection (1) shall be a sum which bears to the total costs and charges levied against all of the real property pursuant to subsection (1) the same ratio as the amount specially assessed against each such parcel of land for the cost of construction of the parking project bears to the total cost of the construction of the parking project.
(3) The special assessment imposed pursuant to subsection (1) shall be deemed to be a tax and shall be collected by the city in the same manner and at the same time as the payment of real-property taxes within the city.
(4) Subsections (2) and (3) of section 510 shall not apply to a special assessment imposed upon real property by a by-law passed pursuant to subsection (1).
(5) This section shall be deemed to have come into force on the first day of January, 1957.
1961-76-12.
506B. (1) Where a project undertaken by Council as a local improvement under this part has been completed, then the Council may by by-law provide that the annual cost of any or all of the following: —
(a) Cleaning, maintaining, or repairing the project;
(b) Supplying electric lighting, water, fuel, or steam for the project;
(c) Public liability insurance covering the project, the amount of such insurance to be established by Council;
(d) any rental payable in respect of the space occupied by the project;
(e) a sum equal to real-property and local-improvement taxes which would be levied against the land and improvements comprised in the project but for the exemptions from such taxes allowed on real property vested in the city;
(f) Interest on all moneys borrowed or advanced by the Council to pay for the costs incurred under clauses (a), (b), and (c),
shall be specially assessed upon the real property benefited by the project and specially assessed for the payment of all or any part of the cost thereof.
(2) The costs levied against each parcel of land pursuant to subsection (1) shall be a sum which bears to the total costs levied against all of the real property pursuant to subsection (1) the same ratio as the amount specially assessed against each such parcel of land for the cost of the project bears to the total amount specially assessed against all the real property for the cost of the project.
(3) The special assessment imposed pursuant to subsection (1) shall be deemed to be a tax and shall be collected by the city in the same manner and at the same time as the payment of real-property taxes within the city.
(4) Subsections (2) and (3) of section 510 shall not apply to a special assessment imposed upon real property by a by-law passed pursuant to subsection (1).
(5) The by-law may provide that the city pay such portion of the annual cost of any or all of the services mentioned in subsection (1) as the Council may see fit as the city's share of the cost.
(6) A by-law passed pursuant to this section remains in force from year to year until repealed.
1970-54-28; 1972-67-30.
507. (1) Where a project undertaken on the initiative of the Council involves the construction of a pavement in front of any property situate in a residential district and the pavement exceeds 27 feet in width, the cost of the excess shall be included in the city's share of the cost. "Residential district", for the purposes of this subsection, means a district where no outright uses other than single family or 2 family dwellings and ancillary buildings are permitted.
(2) If the Council considers that the designated area for a project undertaken on the initiative of the Council is unduly large to proceed under section 506 (2) (b), it may instead submit the project for the assent of the electors in the area and, if more than one-third of the votes are against the project, this has the same effect as if a sufficient number of notices of objection were filed with the City Clerk under that section.
1953-55-507; 1960-80-11; 1990-76-8; 1993-54-74; 1997-25-205.
508. The Council may by by-law make regulations not inconsistent with this Part
(a) prescribing the forms and contents of notices, petitions, and other documents referred to in this Part;
(b) providing that signatures to petitions or notices of objection may not be withdrawn or countermanded after their filing with the City Clerk;
(c) prescribing the basis of assessment with respect to any project or group of projects, whether on the frontage or the assessed value of the parcels specially benefited, or on any other basis, including, with respect to any two or more projects of a like nature, a provision that by resolution the Council may establish a flat rate per foot frontage, based on the average cost per foot frontage of such projects as estimated by the Council. For the purpose of this clause, "frontage" shall include "flankage";
(d) providing that the notice of assessment required under section 510 may, where a project is undertaken on the initiative under section 506, be combined with the notice required under section 506;
(e) for determining what other works, improvements, or services connected with the project, but not a part of it, are necessary in the public interest to be done at the same time as the project, and what portion of the cost of such other works, improvements, or services shall be included in the cost of the project;
(f) for determining by what means corporations and others may sign petitions or give notices of objection to a project, and for delegating to the Collector of Taxes or other employee of the city the power to certify whether any petition for a project has been sufficiently signed, or whether a sufficient number of notices of objection have been filed, and for providing that such certification shall be final and conclusive for all purposes, subject to an appeal to the Council by any person affected by the certificate;
(g) where all the parcels in an area are not equally benefited, for determining the proportion of benefit that shall be applied as between different parcels or classes of parcels, and for apportioning the cost of the project accordingly;
(h) where on the real-property assessment roll two or more contiguous parcels are treated as a single parcel, for providing that each such parcel in an area shall nevertheless be taken into account on petitions for, or notices of objection to, a project, and for providing that the certificate of the assessor may be accepted in arriving at the value of such contiguous parcels;
(i) for providing the means of apportioning or otherwise adjusting the taxes levied under this Part in cases where parcels are subdivided or otherwise changed so far as their boundaries or zoning are concerned;
(j) for determining what variation, if any, is to be applied in assessing corner parcels, parcels of abnormal shape or situation, and rights-of-way of railways and public utilities, to the end that they may be dealt with in a fair and equitable manner as compared with the other parcels;
(k) for providing the means of ascertaining the probable cost of a project and its probable lifetime;
(l) for prescribing the terms and conditions upon which persons whose real property is specially assessed may commute for a payment in cash the taxes imposed thereon under this Part;
(m) for fixing and determining what part of the cost of any particular project shall be the city's share thereof and what part shall be the property-owners' share thereof;
(n) for providing by what person the special assessment roll shall be made and the notices of assessment mailed;
(o) for providing that the members of Council shall be the Court of Revision for the purposes of this Part;
(p) for providing that the city may as owner be reckoned as a petitioner for a project, notwithstanding that it is not an owner liable to be specially assessed;
(q) for providing that, notwithstanding section 510, a Court of Revision need not sit and notices of assessment need not be mailed if only the supply of electrical energy is undertaken or if a project is submitted for the assent of the electors under section 507 (2);
(r) for providing that where the Council, by the votes of not less than two-thirds of all the members of the Council, either by resolution or by by-law, shall deem and declare, for reasons to be expressly therein set forth, that any property is especially inequitably or unjustly affected by any tax imposed against such property, pursuant to any provision of this Part, the Council may, by such resolution or by-law, reduce the said tax for any one or more years, or for the full period of the by-law imposing such tax, and shall by such resolution or by-law direct the Collector of Taxes to enter on the tax roll against the said property the amount of the reduced tax in lieu of the original tax; and the amount of the difference between the original and such reduced tax shall be provided out of the general funds of the city;
(s) for making any other provision not inconsistent with this Act for the carrying-out of a project and collecting the taxes provided for by this Part.
1953-55-508; 1956-70-14; 1961-76-13; 1967-63-12; 1969-45-24; 1974-104-17; 1977-30-164, proclaimed effective September 30, 1977; 1992-57-13; 1993-54-75.
509. Where two or more persons are together assessed for a parcel, in determining the sufficiency of any petition or notice of objection
(a) they shall, save as otherwise provided, be reckoned as one owner only;
(b) they shall not be entitled to petition or object unless a majority of them concur, and the signatures of any of them, unless the petition or notice of objection is signed by the majority, shall be disregarded in determining its sufficiency.
1953-55-509.
510. Before a special assessment is imposed upon any real property by the passing of a local improvement by-law, the Council shall: —
(1) Cause to be made a special assessment roll in which shall be entered
(a) a short description of the project;
(b) every parcel (identified by a short description) to be specially assessed in respect of the property-owners' share of the cost, the name of the assessed owner thereof, its length of frontage in feet or assessed value, or other basis of assessment, as the case may be;
(c) the estimated rate per foot or other basis of assessment applicable to the parcel;
(d) the number of annual instalments by which the taxes to be levied and collected as a result of such special assessment are to be payable;
(e) every exempt parcel, the name of the owner thereof, its length of frontage in feet, or assessed value or other basis of assessment:
(2) Cause a notice of assessment to be mailed to the assessed owner of every parcel liable to be specially assessed, setting out with respect to the project
(a) a short description of the project;
(c) the estimated cost of the project;
(d) the estimated cost of the city's share;
(e) the number of annual payments to be required;
(f) the estimated annual rate per foot or other unit of assessment;
(g) the time and, if applicable, place at which a Court of Revision will sit to hear complaints against the proposed special assessments;
(h) if the hearing is conducted by means of electronic or other communication facilities, the way in which the hearing is to be conducted by those means:
(3) Unless otherwise provided, sit as a Court of Revision to hear complaints against the proposed special assessments. Such complaints shall be limited to the matters over which the Court of Revision has jurisdiction as set out in section 511.
1953-55-510; 1960-80-12; 2022-15-71.
511. The Court of Revision shall begin to sit to hear such complaints at such time, not less than fifteen days, after the mailing of the last of the notices referred to in the preceding section and after such advertising of the sittings of the Court as the Council may direct. The special assessment roll shall be kept open for inspection at the office of the Collector of Taxes for at least fifteen days next before the day fixed for the sitting of the Court of Revision. The Court of Revision shall have jurisdiction and power to correct errors with respect to
(a) the names of the assessed owners;
(b) the length of the frontage or other measurements of a parcel;
(c) any variation applied pursuant to clauses (g) and (j) of section 508;
but it shall not have power to review or alter the proportions of the cost of the project as between the city's share of the cost and the property-owners' share of the cost as fixed by the Council.
1953-55-511; 1974-114-17.
512. Where it appears to the Court of Revision that any parcel which is not specially assessed should be specially assessed, the Court shall, before determining the matter, adjourn its sittings to a future day and cause notice to be mailed to the assessed owner of such parcel so that the owner may be heard. The notice shall be mailed at least ten days before the day fixed for the adjourned sittings. Whether the owner appears or not, if the Court of Revision decides that any such parcel ought to be specially assessed, the Court shall have power to fix the amount of the special assessment thereon.
1953-55-512; 2022-15-73,Sch 1.
513. (1) Upon notice in writing given to the City Clerk within ten days of the decision complained of, there shall be an appeal from any decision of the Court of Revision to a Judge of the Supreme Court, who shall hear the same summarily and have the like jurisdiction and powers as are conferred upon the Court of Revision by section 511, and the provisions of section 512 shall apply where it appears to the Judge that any parcel not specially assessed ought to be so assessed.
(2) An appeal on a question of law lies from a decision of the Judge of the Court to the Court of Appeal with leave of a justice of the Court of Appeal.
1953-55-513; 1982-7-110, proclaimed effective September 7, 1982; 1989-40-221.
513.1 (1) In addition to its powers and duties under section 511, the Council, sitting as a Court of Revision, may
(a) adjudicate complaints made under a by-law adopted under section 374.4 respecting errors in
(i) an adjustment to the net taxable value of any property,
(ii) the application of the by-law to a property class, or
(iii) an exemption from the by-law, and
(b) direct the Collector of Taxes to make any amendments to the adjusted value of any property that are necessary to give effect to its decisions.
(2) Section 513 applies in respect of complaints referred to in subsection (1).
1992-70-40.
514. The Collector of Taxes shall make such corrections in the special assessment roll as are necessary to give effect to the decisions of the Court of Revision and of the Judge, and thereupon the Collector shall certify the roll. When so certified, the special assessments therein, subject to any proceedings theretofore taken, shall not be open to question in any Court, and any project undertaken by the Council which is based on such special assessments shall be deemed to have been lawfully undertaken in accordance with the provisions of this Part.
1953-55-514; 1974-114-17; 2022-15-73,Sch 1.
515. When the portion of the cost of the project to be borne by the property-owners whose real property is specially benefited by the project has been ascertained, it shall be apportioned in yearly payments over the parcels of real property specially benefited, in accordance with, and apportioned to, the amounts specially assessed against each such parcel in the special assessment roll so certified. The portion of the cost of the project to be borne by the property-owners shall not exceed by more than ten per centum the cost of such portion as estimated by the city, and any further excess shall be borne by the city. The yearly payments shall include a sum sufficient to cover the interest.
1953-55-515; 1966-69-18.
516. The Council shall pass a local improvement by-law levying the taxes so apportioned to defray the property-owners' share of the cost of the project. In a schedule to the by-law there shall be set out the yearly payment apportioned as aforesaid with respect to each parcel. The schedule to the by-law need not be annexed thereto and, if not so annexed, it shall be embodied in the by-law by reference only. The schedule shall be captioned with reference to the by-law, certified by the Collector of Taxes, and deposited in the Collector's office during the currency of the by-law. The schedule so deposited shall be an integral part of the by-law as if expressly embodied therein.
1953-55-516; 1966-69-19; 1974-114-17; 2022-15-76,Sch 4.
517. Thereupon the Collector of Taxes shall, with respect to each parcel so specially assessed, insert in the real-property tax rolls for the years required by the by-law, as a charge imposed with respect to such parcel, the amount of the tax levied thereon by the by-law.
1953-55-517.
518. (1) If a debt has been incurred by the city under this Part, and if after the incurring of such debt a special assessment is adjudged to be invalid, or the by-law providing for borrowing money therefor is set aside or quashed, either wholly or in part, by reason of any error, irregularity, or illegality in making such assessment or in passing such by-law, the Council shall cause a new assessment to be made, and shall pass a new by-law when and so often as may be necessary to provide funds for the payment of the debt so incurred for such work or improvement.
(2) Every liability or obligation incurred and every debenture issued by the city under the authority of any such defective or illegal by-law shall be as effectual and as binding as if the amending or new by-law directed to be passed had been passed and was in force at the time such liability or obligation was incurred or such debenture was issued.
(3) The Council may, of its own motion, amend and correct any manifest error in any special assessment or in any local improvement by-law, and may pass any amending, repealing, or new by-law that may be necessary or expedient for the purpose of making effectual and binding the liability incurred or the raising of any money by the issuing of any debentures under the authority of any such by-law, and thereupon every liability incurred and the special assessment and annual tax imposed thereunder shall be as effectual and binding as if the amending or new by-law directed to be passed had been passed and was in force at the time such liability was incurred and the special assessment and annual tax was levied.
1953-55-518.
519. Notwithstanding that the Council may have undertaken a project, it may decide not to carry it out, or the Council may, if it deems that it is inadvisable or impracticable to complete in its entirety any project undertaken, reduce the scope and redefine the area and readjust the limits of such project either before or after commencement thereof, and may also provide that the portion of the cost of such project to be borne by the real property benefited thereby shall be borne proportionately in the same manner and on the same basis as originally provided for such project.
1953-55-519.
520. The provisions of Part V with respect to borrowing and to debentures and the issue thereof shall, mutatis mutandis, apply to borrowing and to debentures issued pursuant to this Part.
1953-55-520.
521. A by-law authorizing the issue of debentures to defray the property-owners' share of the cost of a project pursuant to this Part need not be submitted for the assent of the electors, and such debentures shall be deemed to form no part of the debt of the city under Part V, nor shall it be necessary to include the amount of the debt created by such debentures in any recital, under that Part, of the total amount of the existing debenture debt of the city.
1953-55-521.
522. If in any year the amount realized from the taxes levied under this Part to provide for the property-owners' share of the cost of a project is insufficient to pay the amount falling due in such year, the Council shall provide for the deficiency in the estimates for the following year, but this shall not affect the special liability imposed by the local improvement by-law upon the parcels specially benefited.
1953-55-522.
523. If the amount realized from the debentures under a local improvement by-law exceeds the cost of the project, the excess shall be taken into the general revenue of the city. If such amount is less than the cost of the project, the shortage shall be paid out of general revenue and shall be amortized over the life of the debentures.
1953-55-523.
523A. Notwithstanding anything contained in this Act or in any by-law passed in pursuance thereof, in the event of any local improvement or work not being commenced within one year from the date of the sitting of the Court of Revision which was held to hear complaints with respect thereto, the Council may by resolution cancel the said local improvement or work.
1957-85-15.
523B. (1) If the assent of the electors in the designated benefiting area is obtained to a question under this section, 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 work, improvement or service described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question.
(2) Before submitting a question under this section, the Council shall, by resolution, declare that
(a) it is desirable for the city to undertake a work, improvement or service that Council considers will specially benefit real property in a designated area of the city, and
(b) an amount specified in the resolution must be borrowed for the work, improvement or service.
(2.1) After a resolution under subsection (2) has been made, the Council may submit to the electors in the designated area a question setting out
(a) the proposed work, improvement or service for which the money is to be borrowed,
(b) the maximum total amount proposed to be borrowed,
(c) the area of the city within which the total amount of money to be borrowed will be raised by a levy on the rateable property,
(d) whether the levy will be based on frontage or on the assessed value of the rateable property within the area, and
(e) 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 work, improvement or service described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question.
(3) A by-law passed under this section shall provide that the total amount of the indebtedness created by the debentures issued thereunder shall be borne by the rateable property in the limited and determinable area of the city designated by Council in such by-law and specially benefited by the work, improvement, or service to be undertaken, and whether such amount shall be levied according to the frontage of the rateable property or according to the assessed value thereof. Such levy shall commence not later than one year from the date of the issue of the debentures authorized by the by-law. If the levy is on a frontage basis, it shall not be necessary to state in such by-law the annual rate per front foot.
(4) If a by-law passed under this section provides for a levy to be made according to the frontage of the rateable property, then allowance may be made in any assessment for corner lots, triangular or irregularly shaped parcels of land, and parcels comprising a railway right-of-way, having due regard to the situation, value, and superficial area of such lots or parcels as compared with adjoining lots and parcels of land assessable for such work, improvement, or service, and the Council may charge the amount of any allowance made on any such lot or parcel of land on the other rateable property in such designated area, or may assume the same and provide for payment thereof out of funds raised by general debentures or out of the general revenue of the city.
(5) From any such assessment referred to in subsection (4), there shall be the right to appeal to the Council, and from the Council to a Judge of the Supreme Court. Such appeal shall be limited to the matters referred to in section 511 and shall be brought within one year of the final passing of such by-law, and the appeal to the said Judge shall be brought within fourteen days of the decision of the Council. Service of written notice of appeal on the City Clerk shall be deemed to be the bringing of an appeal. The said Judge may make such order in respect of such assessment and as to costs as the Judge may deem advisable and equitable.
(5.1) An appeal on a question of law lies from a decision of the Judge to the Court of Appeal with leave of a justice of the Court of Appeal.
(6) Subject to subsection (5), none of the foregoing sections in this Part shall be applicable to this section, except sections 498 to 505, inclusive, 508, and 518 to 523, inclusive.
1958-72-26; 1966-69-20 to 22; 1969-45-25; 1974-104-44; 1982-7-111, proclaimed effective September 7, 1982; 1993-54-76; 2022-15-73,Sch 1.
523C. (1) The Council may, by a by-law passed by 2/3 of all its members, enter into an agreement with any owner of real property providing for the deferral of any levies imposed pursuant to this Part on such terms and conditions as to Council seem appropriate.
(2) During the life of any such agreement the City shall assume payments of all levies so deferred in accordance with the provisions under which such levies were imposed.
1978-41-30.
523C.1 The Council may, by by-law, provide for the city to assume any levies imposed under this Part on the owner of real property if a project has been replaced, removed or destroyed.
1993-74-13.
Part XXIV-A — Development Cost Levies
523D. (1) For the purpose of this section,
"capital project" means
(a) constructing, altering, expanding or replacing sewage, water, drainage, fire protection, police, highway and solid waste and recycling facilities,
(b) providing and improving park land, and
(c) establishing day care facilities in premises leased or owned, and acquiring property for such facilities.
(1.1) For the purposes of subsection (1) (a), a reference to a highway facility includes highway facilities that serve provincial and city interests if
(a) the city and the province have entered into an arrangement to share the costs of the highway facilities,
(b) the highway facilities directly or indirectly enable the integrated functioning of the provincial and city street systems, and
(c) the highway facilities, in whole or in part, directly or indirectly service the development.
(1.2) The amount of the development cost levy imposed for a purpose referred to in subsection (1) respecting highway facilities must not exceed the amount of the costs of the highway facilities to be paid by the city.
(2) Where, in approving a subdivision, the city requires that the mains of the systems referred to in section 292 (1) (e) be of a diameter in excess of that required to service the subdivision, the cost of providing such excess capacity shall be deemed to be a capital project in respect of which a development cost levy may be imposed subject to the provisions of this section.
(2.1) In addition to the capital projects referred to in subsections (1) and (2), Council may impose a development cost levy for the purpose of assisting in providing Replacement Housing in such a manner as it deems appropriate and assisting in providing such housing shall be deemed to be a capital project.
(2.2) For the purposes of this section, "Replacement Housing" means housing which Council reasonably anticipates will, as a result of development in the area in which a development cost levy is imposed, be necessary to house persons displaced and unable to afford comparable accommodation in that area and, in anticipating the housing required, Council may look to development anticipated during a 20 year period commencing on the date the by-law imposing the development cost levy is imposed.
(3) The Council may, by by-law, impose a development cost levy in accordance with this section,
(a) in the case of capital projects other than Replacement Housing, where the Council determines that development anticipated to take place in an area designated by it will contribute to the need to provide one or more capital projects in all or part of the area, and
(b) in the case of Replacement Housing, where the Council determines that development anticipated to take place in an area designated by it will contribute to the need to provide Replacement Housing inside or outside the area.
(4) Subject to subsections (10) and (11), the development cost levy shall be imposed on every person entitled to the delivery of a building permit authorizing the construction, alteration or extension of a building or structure or part thereof situate within the area designated by Council.
(5) The cost of a capital project may include
(a) all planning, architectural, engineering and legal costs related to the project, and
(b) the principal and interest on debt incurred to finance the capital project.
(6) The Council may undertake any of the capital projects referred to in subsections (1), (2) and (2.1).
(7) Subject to subsection (8.2), the Council may, from time to time, by by-law, amend the amount of a development cost levy to reflect the changed costs of a proposed capital project or to provide for the effects of inflation.
(8) Subject to subsections (8.2) and (9), a development cost levy imposed by this section shall be a condition of the issuance of a building permit and shall be paid at the time or times a building permit or permits are issued for the development or redevelopment of property in an area to which a by-law applies.
(8.1) For the purposes of subsection (8), the Council may define what constitutes development or redevelopment of property, and may provide that, where a development takes place in stages, each stage shall be deemed to be part of the development.
(8.2) A by-law imposing, or amending the amount of, a development cost levy that would otherwise be applicable to the construction, alteration or extension of a building or structure, or part of a building or structure, has no effect with respect to that construction, alteration or extension if
(a) the building permit authorizing that construction, alteration or extension is issued within 12 months of the date the by-law is adopted, and
(b) a precursor application to the building permit is in-stream on the date the by-law is adopted,
unless the applicant for that building permit agrees in writing that the by-law should have effect.
(8.3) For the purposes of subsection (8.2):
"in-stream" means not determined, rejected or withdrawn;
"precursor application", in relation to a building permit, means
(a) the application for the issuance of the building permit, if the application has been submitted to a designated official of the city in a form satisfactory to the designated official of the city and the applicable fee has been paid,
(b) an application for the issuance of a development permit, if
(i) the application has been submitted to a designated official of the city in a form satisfactory to the designated official of the city and the applicable fee has been paid, and
(ii) the construction, alteration or extension authorized by the building permit is entirely within the area of land that is the subject of the application, or
(c) an application for an amendment to a zoning by-law, if
(i) the application has been submitted to a designated official of the city in a form satisfactory to the designated official of the city and the applicable fee has been paid, and
(ii) the construction, alteration or extension authorized by the building permit is entirely within the area of land to which the application relates.
(9) The Council may, in respect of all or different classes of developments, authorize the payment of development cost levies in instalments, prescribe conditions under which the instalments may be paid and provide that, where not paid, the instalment shall be inserted in the real property tax roll as a charge imposed with respect to the parcel or parcels in relation to which the building permit was issued.
(10) No levy is payable under a by-law made under this section
(a) where a parcel of land is, or will be after construction, alteration or extension, exempt from taxation under section 396 (1) (c) (iv),
(b) subject to subsection (10.1), where a building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,
(i) contain less than 4 self-contained dwelling units, and
(ii) be put to no other use other than the residential use in those dwelling units,
(b.1) in relation to the construction, alteration or extension of self-contained dwelling units authorized under a building permit if
(i) subject to a by-law under subsection (10.2), each unit is no larger in area than 29 square metres, and
(ii) each unit is to be put to no other use other than the residential use in those dwelling units,
(c) where a by-law imposing a development cost levy on the cost of development exempts repair or renovation work as defined, to such repair or renovation work, or
(d) where a parcel of land satisfies both of the following conditions:
(i) the parcel is used for social housing, or it will be used for social housing after construction, alteration or extension occurs on the parcel;
(D) one or more First Nations,
(E) one or more First Nations corporations, or
(F) a non-profit organization.
(10.1) A by-law made under this section may provide that a levy is payable under the by-law in relation to a building permit referred to in subsection (10) (b).
(10.2) A by-law made under this section may establish an area for the purposes of subsection (10) (b.1) (i) that is greater than the area otherwise applicable.
(10.21) For the purposes of subsection (10) (d) (i), the Council may define what constitutes social housing.
(10.22) In subsection (10) (d) (ii), "First Nation", "First Nations corporation" and "non-profit organization" have the meaning given to them in section 523E.
(10.3) In subsections (10.4) and (10.5), "eligible development" means development that is eligible in accordance with an applicable by-law under this section as being for one or more of the following categories:
(a) for-profit affordable rental housing;
(b) a subdivision of small lots that is designed to result in low greenhouse gas emissions;
(c) a development that is designed to result in a low environmental impact.
(10.4) Subject to a by-law under subsection (10.5), the Council may waive or reduce a levy under this section for an eligible development.
(10.5) For the purposes of subsection (10.4), the Council, by by-law
(a) shall establish what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (10.3),
(b) shall establish the amount or rates of reduction for an eligible development, which may be different for different categories of eligible development described in subsection (10.3) or different classes of eligible development established in the by-law, and
(c) may establish the terms and conditions that must be met in order to obtain a waiver or reduction under subsection (10.4).
(11) No development cost levy shall be imposed to pay for any capital project, or portion thereof, provided to the city pursuant to a by-law passed pursuant to section 292 or in respect of which an assessment has been imposed pursuant to Part XXIV.
(11.1) If an amount has been paid under section 193D (5) (d) in relation to development of a property, that amount must be deducted from the development cost levy in relation to the development of the property otherwise payable under this section for Replacement Housing.
(12) The by-law that imposes the development cost levy shall set out the basis of the levy and the levy may vary with respect to
(a) different zones or different defined or specified areas, and
(b) different uses or occupancies and, for the purpose of this subsection, Council may define what constitutes a use, occupancy or unit on such basis as it determines to be appropriate.
(13) The development cost levy may be based on a rate per foot on the length of the longest boundary of the parcel with respect to which the levy is imposed, the number of units, or the number of square feet permitted by the building permit in the development with respect to which the levy is imposed, or on such other basis as Council deems appropriate having regard to anticipated development rights and their contribution to the need for capital projects. The basis of development cost levies may vary for different capital projects. A development cost levy under this Part shall not be based on a percentage of the cost of a development. A development cost levy for any development as shown on an application for a development permit shall not exceed 10% of the value of the development as determined pursuant to the building by-law from time to time in force.
(14) The development cost levy shall be calculated with reference to the information contained on the application for a development permit or to records contained in the Land Title Office. Where development takes place in stages, the total development cost levy shall be apportioned and paid as each building permit is issued. Subject to the limitation contained in subsection (13), the portion of the levy to be paid on the issuance of each building permit shall, until the total levy is paid, be 10% of the value of the work authorized by the permit as determined pursuant to the building by-law.
(15) The Council shall, on written request, make available to any person subject to the levy the considerations, information and calculations used to determine the basis of a development cost levy, but any information respecting the contemplated acquisition costs of specific properties need not be provided.
(16) A development cost levy shall be deposited in a separate development cost levy reserve fund established for the purposes for which it was levied.
(17) Money in development cost levy reserve funds, together with interest, shall be used only
(a) except for money raised for the purposes set forth in subsection (2.1), to pay the costs of capital projects that relate directly or indirectly to the development or parcel in respect of which the levy was collected, or
(b) to pay a person subject to a development cost levy for some or all of the capital costs the person incurred in completing a capital project, other than Replacement Housing, if
(i) the capital project was completed under an agreement between the person and the Council, and
(ii) the capital project is included in the calculations used to determine the amount of that development cost levy.
(17.01) Payments out of a development costs levy reserve fund shall be authorized by a resolution of Council, and one resolution may authorize a series of payments in respect of any capital project.
(17.1) In relation to a capital project of providing and improving park land, money in a development cost levy reserve fund shall only be used for
(a) acquiring park land or reclaiming land as park land,
(b) providing fencing, landscaping, drainage and irrigation, trails, restrooms, changing rooms and playground and playing field equipment on park land, or
(c) to pay a person subject to a development cost levy for some or all of the capital costs the person incurred in completing a capital project described in paragraph (a) or (b) if
(i) the capital project was completed under an agreement between the person and the Council, and
(ii) the capital project is included in the calculations used to determine the amount of that development cost levy.
(18) Notwithstanding subsection (17), if money raised pursuant to a development cost levy exceeds what is necessary to provide the capital projects for which it was raised, the excess shall be set aside and spent on projects to benefit, directly or indirectly, the areas or zones in which the properties with respect to which the levy is imposed are located.
(a) the Director of Finance must prepare and submit to the Council a report for the previous year that includes the following, reported for each purpose under this section for which the Council imposes the development cost levy in the applicable year:
(i) the amount of development cost levies received;
(ii) the expenditures from the development cost levy reserve funds;
(iii) the balance in the development cost levy reserve funds at the start and at the end of the applicable year;
(iv) any waivers and reductions under subsection (10.4), and
(b) as soon as practicable after receiving the report, the Council must consider the report and make it available to the public.
(19) Nothing in this section restricts or affects any other power contained in this Act, provided however that the cost of any capital project shall be recovered only once.
1990-76-9; 1990-77-1; 1995-53-43; 1997-25-206; 1997-44-2; 2004-34-21; 2008-23-35; 2008-23-36; 2010-6-134; 2010-6-135; 2014-14-48; 2016-5-43,44; 2018-23-48; 2023-46-10; 2024-8-1.
Part XXIV-B — Amenity Cost Charges
523E. In this Part:
"amenity" means a facility or feature that provides social, cultural, heritage, recreational or environmental benefits to a community, including, without limitation,
(a) a community, youth or seniors' centre,
(b) a recreational or athletic facility,
but does not include a facility or feature within a class of facilities or features that are prescribed by regulation not to be amenities;
"amenity cost charge" means a charge imposed by an amenity cost charge by-law;
"amenity cost charge by-law" means a by-law under section 523G (1);
"capital costs" includes
(a) planning, architectural, engineering and legal costs related to the work for which a capital cost may be incurred under this Part,
(b) the principal and interest related to the work referred to in paragraph (a), and
(c) expenditures that are made to a person or public authority pursuant to an agreement under which the person or public authority agrees to provide a service on behalf of the city and that are made to pay capital costs incurred by the person or public authority;
"development" means the construction, alteration or extension of all or part of a building or structure for which an amenity cost charge may be imposed;
"First Nation" means the following:
(a) a band, as defined in section 2 (1) of the Indian Act (Canada), for which one or more reserves situated within the geographical boundaries of the Province have been set aside;
(d) the shíshálh Nation continued under the shíshálh Nation Self-Government Act (Canada);
(e) the shíshálh Nation Government District continued under the shíshálh Nation Self-Government Act (Canada);
(g) the Westbank First Nation as defined in the agreement approved under the Westbank First Nation Self-Government Act (Canada);
"First Nations corporation" has the meaning prescribed by the Lieutenant Governor in Council;
"non-profit organization" means an organization constituted exclusively for charitable or benevolent purposes with no part of its income being payable to or otherwise available for the personal benefit of any of its members or shareholders;
has the same meaning as in section 1 of the Schedule to the2023-46-11; 2024-8-2.
523F. The Council may undertake any projects to provide, construct, alter or expand amenities.
2023-46-11.
523G. (1) The Council may, by by-law, impose an amenity cost charge in accordance with this Part for the purpose of providing funds to assist the Council to pay the capital costs of providing, constructing, altering or expanding amenities to benefit, directly or indirectly,
(b) the increased population of residents or workers that results from the development
for which the charge is being imposed.
(2) Subject to section 523I [circumstances in which amenity cost charges are not payable], the amenity cost charge must be imposed on every person entitled to the delivery of a building permit authorizing the construction, alteration or extension of all or part of a building or structure.
(3) An amenity referred to in subsection (1) must
(b) be owned or operated by a person or public authority that has entered into an agreement with the city in respect of the amenity and under which agreement the person or public authority agrees to provide a service on behalf of the city.
(4) An amenity cost charge is a condition of the issuance of a building permit and must be paid at the time or times a building permit or permits are issued for the development or redevelopment of property in an area to which an amenity cost charge by-law applies.
(5) For the purposes of subsection (4), the Council may define what constitutes development or redevelopment of property and may provide that, if a development takes place in stages, each stage is deemed to be part of the development.
(6) The Council may, in respect of all or different classes of developments, authorize the payment of amenity cost charges in instalments, prescribe conditions under which the instalments may be paid and provide that, if not paid, the instalment must be inserted in the real property tax roll as a charge imposed with respect to the parcel or parcels in relation to which the building permit was issued.
2023-46-11.
523H. (1) During the development of a by-law that imposes an amenity cost charge, or the development of an amendment to such a by-law, the Council must provide one or more opportunities it considers appropriate for consultation with
(b) persons, public authorities and organizations that the Council considers will be affected by the by-law.
(2) No consultation is required to repeal a by-law referred to in subsection (1).
(3) The Lieutenant Governor in Council may make regulations respecting consultation under subsection (1), including regulations as follows:
(a) establishing notice requirements and the process for consultation;
(b) prescribing persons, public authorities and organizations that must be consulted;
(c) prescribing circumstances in which no consultation is required.
2023-46-11.
523I. (1) An amenity cost charge is not payable if
(a) a parcel of land is, or will be after construction, alteration or extension, exempt from taxation under section 396 (1) (c) (iv) [place of public worship], or
(b) a parcel of land satisfies both of the following conditions:
(i) the parcel is used for social housing, or it will be used for social housing after construction, alteration or extension occurs on the parcel;
(D) one or more First Nations,
(E) one or more First Nations corporations, or
(F) a non-profit organization.
(1.1) For the purposes of subsection (1) (b) (i), the Council may define what constitutes social housing.
(1.2) An amenity cost charge is not payable in relation to affordable and special needs housing units that are required under an affordable and special needs housing zoning by-law as defined in section 564B.
(2) An amenity cost charge is not payable in respect of all or part of any capital project
(a) provided to the city pursuant to a by-law passed under section 292 [subdivision control],
(b) in respect of which an assessment has been imposed under Part XXIV [Local Improvements], or
(c) in respect of which a development cost levy may be imposed under Part XXIV-A [Development Cost Levies].
(3) An amenity cost charge is not payable if no increase in the population of residents or workers is expected to result from the development.
(4) An amenity cost charge in respect of a particular amenity is not payable if an amenity cost charge in respect of that amenity has previously been paid for the same development, unless further development is expected to result in an increase in the population of residents or workers.
(5) An amenity cost charge is not payable in relation to a development for any class of affordable housing prescribed by regulation.
2023-46-11; 2024-8-3; 2024-11-29.
523J. (1) In this section, "eligible development" means a development that is eligible in accordance with an applicable by-law or regulation under this section as being for one or both of the following categories:
(a) for-profit affordable rental housing;
(b) housing that is subject to requirements under an affordable and special needs housing zoning by-law as defined in section 564B.
(2) Subject to a by-law under subsection (3) and an applicable regulation under subsection (5), the Council may waive or reduce an amenity cost charge for an eligible development.
(3) For the purposes of subsection (2), the Council, by by-law,
(a) must establish what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (1),
(b) must establish the amount or rates of reduction for an eligible development, which may be different for different categories of eligible development described in subsection (1) or different classes of eligible development established in the by-law, and
(c) may establish the terms and conditions that must be met in order to obtain a waiver or reduction under subsection (2).
(3.1) In making a by-law under subsection (3) in relation to housing referred to in subsection (1) (b), the Council must consider the most recent financial feasibility analysis undertaken under section 565.19 (1) (a) [analysis and considerations for affordable and special needs housing zoning by-law].
(4) If the Council delegates the power under subsection (2), the person who is subject to the decision of the delegate is entitled to have the Council reconsider the matter.
(5) The minister may make regulations in relation to subsection (3)
(c) establishing criteria for determining
what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (1).
2023-46-11; 2024-11-30.
523K. (1) An amenity cost charge by-law must specify the following:
(a) one or more areas in which development is subject to an amenity cost charge;
(b) for each area referred to in paragraph (a), the amenities that will receive funding from an amenity cost charge;
(c) the amount of the charge or charges imposed in a schedule or schedules of amenity cost charges.
(2) Amenity cost charges may vary as provided in subsection (3), but must
(i) per lot or per unit in a development, or
(ii) per square metre of floor space in a development, and
(b) be similar for all developments that are expected to result in a similar increase in the population of residents or workers.
(3) Amenity cost charges may vary with respect to one or more of the following:
(a) different areas specified under subsection (1) (a);
(d) different sizes or different numbers of lots or units in a development;
(e) any other basis for variation prescribed by regulation.
(4) In specifying, in the amenity cost charge by-law, the areas in which development is subject to an amenity cost charge and the amenities in each of those areas that will receive funding from the charge, the Council must take the following into consideration:
(a) an applicable development plan as defined in section 559;
(b) an applicable official development plan as defined in section 559;
(c) other relevant planning documents;
(d) future land use patterns in the city;
(e) expected increases in the population of residents and workers;
(f) reports submitted by the Director of Finance under section 219 [report on revenue and expenditure];
(g) any other information prescribed by regulation.
(5) In setting amenity cost charges, the Council must take the following into consideration:
(a) in each area in which development is subject to an amenity cost charge, the capital costs of amenities that will receive funding from the charge;
(c) whether the charges are excessive in relation to the capital cost of prevailing standards of service in the city;
(d) whether the charges will, in the city,
(ii) discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land;
(e) any other information prescribed by regulation.
(6) In setting amenity cost charges, the Council must deduct the following from the estimated capital cost of each amenity in an area:
(a) the portion of the estimated capital cost to be funded by grants and other sources of funding that are external to the city;
(b) the portion of the estimated capital cost to be allocated to the existing population of the area and, as a result, funded by the Council;
(c) the portion of the estimated capital cost to be allocated to the development but funded by the Council.
(7) The Council must make available to the public, on request, the considerations, information and calculations used to determine the schedule or schedules referred to in subsection (1), but any information respecting the contemplated acquisition costs of specific properties need not be provided.
(8) The Lieutenant Governor in Council may make regulations respecting the setting of amenity cost charges, including regulations as follows:
(a) adjusting or limiting amenity cost charges;
(b) prescribing economic and other analyses that the Council must undertake in setting amenity cost charges;
(c) establishing the method for making deductions under subsection (6) (b);
(d) requiring that the method for making deductions under subsection (6) (b) be applied by an individual with a professional designation specified in the regulation;
(e) specifying a minimum portion that must be deducted for the purposes of subsection (6) (c).
2023-46-11.
523L. (1) An amenity cost charge must be deposited in a separate amenity cost charge reserve fund established for each area in which development is subject to an amenity cost charge.
(2) Money in amenity cost charge reserve funds, together with interest, may be used only
(a) to pay the capital costs of providing, constructing, altering or expanding amenities specified in the amenity cost charge by-law under section 523K (1) (b), or
(b) to pay a person subject to an amenity cost charge for some or all of the capital costs the person incurred in completing a project referred to in paragraph (a) if
(i) the project was completed under an agreement referred to in section 523M (1) between the person and the Council, and
(ii) the project is included in the calculations used to determine the amount of that amenity cost charge.
(3) Payments out of an amenity cost charge reserve fund must be authorized by a resolution of the Council, and one resolution may authorize a series of payments in respect of any amenity.
2023-46-11.
523M. (1) Despite an amenity cost charge by-law, the Council may, by by-law and in accordance with this section, enter into an agreement with a person under which the person provides, constructs, alters or expands an amenity, or provides land for an amenity, instead of paying all or part of an amenity cost charge.
(2) An amenity referred to in subsection (1) must
(a) be an amenity that is specified in the amenity cost charge by-law under section 523K (1) (b), and
(b) have a location acceptable to the Council.
(3) Without limiting the matters that may be dealt with in an agreement under subsection (1), the agreement must specify the following:
(a) the amenity to be provided, constructed, altered or expanded or the land to be provided for the amenity;
(b) the location of the amenity or land;
(c) who is to provide, construct, alter or expand the amenity or provide the land;
(d) when the amenity is to be provided, constructed, altered or expanded or when the land is to be provided;
(e) the value of the amenity or land and how the Council and the person determined that value;
(f) any remainder of the amenity cost charge to be paid under subsection (4);
(g) the payment or crediting to the person of the amount, if any, by which the value of the amenity or land exceeds the amount of the amenity cost charge;
(h) any other information prescribed by regulation.
(4) If partial payment of an amenity cost charge is made by providing, constructing, altering or expanding an amenity, or providing land for an amenity, the remainder must be paid in accordance with the amenity cost charge by-law.
(5) If land for an amenity is to be provided under subsection (1), a registrable transfer of the land must be provided to the Council.
2023-46-11.
523N. (1) In this section, "in-stream" and "precursor application" have the same meaning as in section 523D (8.3) [development cost levies].
(2) An initial amenity cost charge by-law that would otherwise be applicable to the construction, alteration or extension of a building or structure, or part of a building or structure, has no effect with respect to that construction, alteration or extension if a precursor application to the building permit authorizing that construction, alteration or extension is in-stream on the date the initial by-law is adopted.
(3) An amended amenity cost charge by-law that would otherwise be applicable to the construction, alteration or extension of a building or structure, or part of a building or structure, has no effect with respect to that construction, alteration or extension if
(a) the building permit authorizing that construction, alteration or extension is issued within 12 months, or any longer period prescribed by regulation, after the date the by-law is amended, and
(b) a precursor application to the building permit is in-stream on the date the by-law is amended,
unless the applicant for that building permit agrees in writing that the amended by-law should have effect.
2023-46-11.
523O. In each year,
(a) the Director of Finance must prepare and submit to the Council a report for the previous year that includes the following, reported for each area in which development is subject to an amenity cost charge in the applicable year:
(i) the amount of amenity cost charges received;
(ii) the expenditures from the amenity cost charge reserve funds, including the expenditures made to a person or public authority pursuant to an agreement under which the person or public authority agrees to provide a service on behalf of the city;
(iii) the balance in the amenity cost charge reserve funds at the start and at the end of the applicable year;
(iv) any waivers and reductions under section 523J [development for which charges may be waived or reduced];
(v) any amenities provided, constructed, altered or expanded by a person under section 523M [provision of amenity instead of all or part of charge];
(vi) any other information prescribed by regulation, and
(b) as soon as practicable after receiving the report, the Council must consider the report and make it available to the public.
2023-46-11.
523P. As requested by the minister, the Council must provide the minister with any information respecting amenity cost charges, including information respecting the following:
(a) the setting of amenity cost charges;
(b) the development of the amenity cost charge by-law and of any amendments to it, including consultations undertaken in that development.
2023-46-11.
523Q. (1) The Lieutenant Governor in Council may make regulations respecting any matter for which regulations are contemplated by this Part.
(2) In making a regulation for the purposes of this Part, the Lieutenant Governor in Council
(a) must take into consideration any applicable information provided to the minister under section 523P, and
(b) may make provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in relation to amenity cost charges.
2023-46-11.
523R. Nothing in this Part restricts or affects any other power contained in this Act, subject to the condition that the capital costs of any amenity funded by an amenity cost charge must be recovered only once.
2023-46-11.
Part XXV — Quashing By-laws and Resolutions
524. On the application of an elector or a person interested in the by-law or resolution, a Judge may declare the by-law or resolution void in whole or in part for illegality.
1993-54-77.
525. Notice of the application shall be served on the city at least ten days before the day of the hearing, and before the hearing the applicant shall furnish security for the city's costs in such amount and in such manner as the Judge shall think proper. After the determination of the proceedings, the Judge may make such order as to costs as shall be just.
1953-55-525.
526. No application to quash a by-law or resolution, or part thereof, under this part shall be entertained unless notice of the application is served on the city within one month after the passing of the by-law or resolution complained of.
1953-55-526.
527. The notice of application shall set out particulars of the illegality alleged.
1953-55-527.
529. A by-law or resolution in respect of the passing of which a violation of any of the provisions of section 123 or 124 has taken place may be quashed under this Part.
1953-55-529; 1993-54-78.
530. Where the ground of the application is an alleged violation of a provision of section 123 or 124, either alone or in conjunction with any other ground, the Judge may hold an inquiry and examine witnesses under oath as to the alleged violation before deciding upon the application to quash. The Judge in such case may order that nothing shall be done under the by-law or resolution complained of until the application is disposed of, but if the application is not proceeded with to the satisfaction of the Judge, the Judge may remove the stay of proceedings.
1953-55-530; 1993-54-79; 2022-15-73,Sch 1.
Part XXVI — Compensation for Real Property Expropriated or Injured
532. If, in the exercise of any of its powers of acquiring real property, the city fails to come to an agreement with its owner as to the terms of acquisition, the city may, by by-law or resolution of the Council, expropriate such real property.
1953-55-532; 1958-72-28; 1987-23-121, effective December 24, 1987 (B.C. Reg. 451/87).
538. Where, in the exercise of the city's powers of acquiring real property, it appears to the Council that it can acquire for the city a larger or other area of real property in the same block at a more reasonable price or on terms more advantageous to the city than those at which it could acquire the part immediately required for its purposes, the Council may acquire such larger or other area, and may afterwards dispose of so much of it as is not so required.
1953-55-538.
540.1 (1) The Council may, in conjunction with an expropriation of real property, expropriate personal property.
(2) Where the Council expropriates personal property under subsection (1), section 16 (3) to (9) of the Hydro and Power Authority Act applies.
1987-23-123, effective December 24, 1987 (B.C. Reg. 451/87).
541. Where real property is injuriously affected by the exercise on the part of the city of any of its powers, the city shall, unless it is otherwise provided in this or some other Act, make due compensation to the owner for any damage necessarily resulting therefrom beyond any advantage which the owner may derive from any work in connection with which the real property is so affected.
1953-55-541.
542. It shall be lawful for the city to enter upon any real property in danger of being injuriously affected for the purpose of executing and to execute any work in mitigation of the apprehended injurious affection.
1953-55-542.
543. A claim by an owner for compensation for damage resulting from the owner's real property being injuriously affected shall be filed with the City Clerk, giving particulars of the claim, within one year after the injury was sustained, or after it became known to such person, and if not so filed, the right to compensation shall be forever barred.
1953-55-543; 2022-15-76,Sch 4.
544. The amount, if any, of the compensation for damage for injurious affection, if not agreed upon, shall be determined, as at the date when the injurious affection first took place, by the court in accordance with the Expropriation Act.
1953-55-544; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1987-23-124, effective December 24, 1987 (B.C. Reg. 451/87); 2004-61-36.
551. There shall be no compensation for injurious affection to a parcel by reason of the alteration of the grade or level of any street, except where
(a) upon written application of the owner, the grade or level so altered was established by the city with respect to such parcel;
(b) a concrete sidewalk was laid by the city on the portion of such street abutting the parcel and on the same side of the street.
1953-55-551.
552. There shall be no compensation for injurious affection by reason of the exercise of any power with respect to street traffic under Part XII.
1953-55-552.
Part XXVII — Planning and Development
559. In this Part, or in any by-law made thereunder, unless the context otherwise requires,
"adopt", in relation to a by-law or an official development plan, includes amend or repeal;
"building" and "construction" mean "building" and "construction" as defined in section 304;
"certificate of use and occupancy" means a certificate issued by the Director of Planning or such other persons as are authorized by Council, designating the authorized use or occupancy of any land or building;
"conditional approval use" means a use of land or a building which is permitted in a district or zone at the discretion of Council or an official or board to whom the discretion is delegated;
"development" means a change in the use of any land or building, or the carrying-out of any construction, engineering or other operations in, on, over, or under land or land covered by water;
"development plan" means a plan or plans for the future physical development of the city or any part thereof, whether expressed in drawings, reports, or otherwise, and whether complete or partial;
"form of tenure" means the legal basis on which a person occupies a housing unit;
"greenhouse gas" has the same meaning as in the Climate Change Accountability Act;
"heritage conservation area" means an area designated under section 561 (2) (c) (iv) in an official development plan;
"non-conforming" as applied to a development means that such development was lawful when it took place but, by reason of a zoning by-law subsequently passed, does not conform to the uses permitted or regulations prescribed by such by-law. "Non-conformity" shall have a corresponding meaning;
"official development plan" means any development plan, whether complete or partial, which has been adopted under this Part;
"owner" shall include the agent or representative of a person owning or in possession of real property or in receipt of the rents or profits therefrom whether on the person's own account or as agent or trustee for any other person;
"residential rental tenure" means a form of tenure as such form of tenure is defined in a zoning by-law;
"strata lot" has the same meaning as in section 1 of the Strata Property Act;
"structural alteration" includes any work or construction which involves any change, modification, replacement, or repair of any supporting member of a building, including the bearing walls, columns, beams, or girders thereof;
"zoning by-law" shall include a zoning and development by-law.
1959-107-20; 1964-72-16; 1987-52-32; 1988-67-11; 2002-22-30; 2008-23-37; 2018-26-12; 2018-32-5; 2021-5-94; 2022-15-76,Sch 4; 2024-12-2.
559.01 The following powers must not be exercised in a manner that unreasonably prohibits or restricts the use or density of use required to be permitted under section 565.03 [zoning by-laws and small-scale multi-family housing]:
(a) a power in relation to a by-law or permit under Division (3) [Zoning] of this Part;
(b) a power in relation to a heritage alteration permit, as defined in section 575 [definitions];
(c) a power under section 596A [designation of heritage conservation areas].
2023-45-28.
Division (1.1) — Public Hearings and Procedures for Planning and Development
559.02 (1) Subject to this section, the Council must not adopt
(a) an official development plan by-law, or
without holding a public hearing on the by-law for the purpose of allowing the public to make representations to the Council respecting matters contained in the proposed by-law.
(2) For the purposes of subsection (1) (b), an application for rezoning is to be treated as an application to amend a zoning by-law.
(3) Subject to this section, the Council is not required to hold a public hearing on a proposed zoning by-law if the by-law is consistent with an official development plan.
(4) The Council must not hold a public hearing on a proposed zoning by-law if
(a) the by-law is consistent with an official development plan,
(b) the sole purpose of the by-law is to permit a development that is, in whole or in part, a residential development, and
(c) the residential component of the development accounts for at least half of the gross floor area of all buildings and other structures proposed as part of the development.
(5) The Council must not hold a public hearing on a zoning by-law proposed for the sole purpose of complying with section 565.03 [zoning by-laws and small-scale multi-family housing].
2024-12-5.
559.03 (1) The procedures set out in this section apply to a public hearing under section 559.02 (1).
(2) Subject to subsection (3), a public hearing may be conducted by means of electronic or other communication facilities.
(3) The facilities referred to in subsection (2) must enable the public hearing's participants to hear, or watch and hear, each other.
(4) All persons who consider themselves affected by a proposed by-law that is the subject of a public hearing must be provided an opportunity to be heard at the public hearing on matters contained in the proposed by-law.
(5) A public hearing may be adjourned and no further notice of the hearing is necessary if the following are stated to those in attendance at the time the hearing is adjourned:
(a) the time and date of the resumption of the hearing;
(b) the place of the resumed hearing, if applicable;
(c) the way in which the hearing is to be conducted by means of electronic or other communication facilities, if applicable.
2024-12-5.
559.04 (1) If a public hearing referred to in section 559.02 (1) is to be held, the Council must give notice of the hearing
(a) in accordance with section 3 [requirements for public notice], and
(b) in the case of a public hearing on an official development plan that includes a schedule under section 596A (3) (b) [designation of heritage conservation areas], in accordance with section 599 [giving notice to owners and occupiers].
(2) The notice must state the following:
(a) the time and date of the hearing;
(b) the place of the hearing, if applicable;
(c) if the hearing is conducted by means of electronic or other communication facilities, the way in which the hearing is to be conducted by those means;
(d) in general terms, the purpose of the by-law;
(e) the land or lands that are the subject of the by-law;
(f) the place where and the times and dates when copies of the by-law may be inspected.
(3) If the Council has adopted a by-law under section 3.2 [by-law to provide for alternative means of publication], the notice under this section must be published by at least one of the means of publication specified in the by-law at least 7 days and not more than 14 days before the date of the public hearing.
(4) If the Council has not adopted a by-law under section 3.2, the last publication of the notice must be at least 7 days and not more than 14 days before the date of the public hearing.
2024-12-5.
559.05 (1) If the Council decides not to hold, or is prohibited from holding, a public hearing referred to in section 559.02 on a proposed zoning by-law, the Council must give notice in accordance with this section.
(2) The notice must state the following:
(a) in general terms, the purpose of the by-law;
(b) the land or lands that are the subject of the by-law;
(c) the date the proposed by-law will be introduced;
(d) the place where and the times and dates when a copy of the by-law may be inspected.
(3) Section 559.04 (3) and (4) applies to a notice under this section, except that a reference in that section to a public hearing is to be read as a reference to the relevant Council meeting.
2024-12-5.
559.06 (1) Without limiting the obligations to give notice under sections 559.04 and 559.05, the Council may, by by-law,
(a) require the posting of a notice on land that is the subject of a by-law, and
(b) specify the size, form and content of the notice and the manner in which and the locations where it must be posted.
(2) Specifications under subsection (1) (b) may be different for different areas, zones, uses within a zone and parcel sizes.
2024-12-5.
559.07 (1) After the conclusion of a public hearing, the Council may adopt the proposed by-law in its original form or as altered to give effect to representations made at the public hearing respecting matters contained in the proposed by-law as the Council considers appropriate.
(2) A member of the Council who
(a) is entitled to vote on a proposed by-law that was the subject of a public hearing, and
(b) was not present at the public hearing
may vote on the adoption of the proposed by-law if an oral or written report of the public hearing has been given to the member by the Director of Planning or another official of the city.
2024-12-5.
Division (2) — Planning and Development
560. The Council may appoint a Director of Planning, who shall have such duties and powers as the Council may from time to time prescribe.
1959-107-20.
560A. The Director of Planning or anyone authorized by the Director of Planning shall have power to enter on to any land or into any building at any reasonable time for the purpose of inspecting such land or building in order to ascertain if the provisions of a zoning by-law are being or have been carried out.
1963-60-16; 2022-15-75,Sch 3.
561. (1) The Council may have development plans prepared or revised from time to time.
(2) A development plan under this section may
(a) relate to the whole city, or to any particular area of the city, or to a specific project or projects within the city;
(b) be altered, added to, or extended;
(i) land for streets, lanes and other public thoroughfares, and for the widening of streets, lanes and other public thoroughfares,
(ii) sites for parks, schools and public buildings,
(iii) areas for special projects, including projects that require development or redevelopment as a whole, and
(iv) for the purposes of heritage conservation, heritage conservation areas in accordance with section 596A.
(3) A development plan under this section must include housing policies of the Council respecting affordable housing, rental housing and special needs housing.
(3.1) The Council must consider the most recent housing needs report received by the Council under section 574.4, and the housing information on which the report is based,
(a) when developing a development plan relating to the whole city, or to any particular area of the city, that the Council intends to adopt under section 562 as an official development plan, or
(b) when amending, in relation to housing policies under subsection (3), a development plan relating to the whole city, or to any particular area of the city, that has been adopted under section 562 as an official development plan.
(3.2) When developing or amending a development plan under this section, the Council must consider applicable guidelines, if any, under section 574.61 [provincial policy guidelines related to transit-oriented areas].
(4) A development plan under this section may include the following:
(a) policies of the Council relating to social needs, social well-being and social development;
(b) policies of the Council relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity;
(c) a regional context statement, consistent with the rest of the development plan, of how matters referred to in section 429 (2) (a) to (c) of the Local Government Act, and other matters dealt with in the development plan, apply in a regional context.
(5) To the extent that a development plan under this section deals with these matters, it should work towards the purpose and goals referred to in section 428 of the Local Government Act.
1992-15-3; 1994-52-170; 1995-9-17; 1997-24-18; 1997-25-207; 2000-7-191; 2002-22-31; RS2015-1-RevSch; 2018-20-8; 2023-45-29; 2023-48-14.
561A (1) For the purposes of this section and section 561B, "excess or extended services" means
(a) a portion of a street system that will provide access to land other than the land being subdivided or developed, and
(b) a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed.
(2) The Council may require that the owner of land that is to be subdivided or developed provide excess or extended services.
(3) If the Council makes a requirement under subsection (2), the cost of providing the excess or extended services must be paid for
(b) if the Council considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed.
2020-1-14.
561B (1) For the purposes of this section, "latecomer charge" means a charge under subsection (2) (c).
(2) If the owner is required under section 561A (3) (b) to pay all or part of the costs of excess or extended services, the city must
(a) determine the proportion of the cost of providing the street or water, sewage or drainage facilities that it considers constitutes the excess or extended services,
(b) determine which part of the excess or extended services that it considers will benefit each of the parcels of land that will be served by the excess or extended services, and
(c) impose, as a condition of an owner connecting to or using the excess or extended services, a charge related to the benefit determined under paragraph (b).
(3) If the owner pays all or part of the costs of excess or extended services, the city must pay the owner
(a) all the latecomer charges collected under subsection (2) (c), if the owner pays all the costs, or
(b) a corresponding proportion of all latecomer charges collected, if the owner pays a portion of the costs.
(4) If the city pays all or part of the costs of excess or extended services, it may recover costs
(a) by a latecomer charge under subsection (2) (c), or
(b) by a tax imposed in accordance with Part XXIV [Local Improvements], other than section 506 [process for initiating local improvements].
(5) A latecomer charge must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins.
(6) Subject to subsection (7), latecomer charges must be collected during the period beginning when the excess or extended services are completed, up to
(a) a date to be agreed on by the owner and the city, or
(b) if there is no agreement, a date determined under the Arbitration Act.
(7) No latecomer charges are payable beyond 15 years from the date the services are completed.
(8) If an owner, in accordance with a bylaw under section 292, provides a street or water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this section applies.
2020-1-14.
562. (1) The Council may, by by-law,
(a) adopt as the official development plan, or as a part of the official development plan, any development plan prepared under section 561, or
(b) revise or amend the official development plan or any part of the official development plan.
(2) to (4) [Repealed 2024-12-10.]
1995-9-18; 2002-22-32; 2008-42-138; 2018-23-53; 2021-16-22; 2024-12-10.
562.01 An official development plan under section 562 must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the Council proposed with respect to achieving those targets.
2008-23-38.
562.1 The Council, if it has adopted or proposes to adopt, revise or amend an official development plan for all or any part of the city, shall, at the time of preparing, revising or amending the official development plan and, in any event, not less frequently than once in each calendar year, consult with the boards of education for the school districts that are wholly or partially included in the area to which the official development plan applies and seek their input as to
(a) the actual and anticipated needs for school facilities and support services in the school districts,
(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a),
(c) the type of school anticipated to be required on the sites referred to in paragraph (b),
(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required, and
(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.
1993-6-20; 2007-29-44.
563. (1) The adoption by Council of a development plan shall not commit the Council to undertake any of the developments shown on the plan.
(2) The Council shall not authorize, permit, or undertake any development contrary to or at variance with the official development plan.
(3) It shall be unlawful for any person to commence or undertake any development contrary to or at variance with the official development plan.
1959-107-20.
564. (1) Where a project is shown upon an official development plan, the Council may acquire any real property it considers essential to the carrying-out of the project, and in addition acquire other adjacent or neighbouring real property. Such additional real property may include
(a) the remnants of parcels, portions of which are essential to carrying out the project;
(b) any lands which may be injuriously affected by the project;
(c) any lands which, if allowed to be built upon without restriction, might become the site of buildings or structures which would prejudicially affect the full enjoyment of any building forming part of the project or the architectural effect thereof;
(d) any lands which the Council is of the opinion could be conveniently and profitably resubdivided or rearranged and developed as part of the project.
(2) The Council shall have the same right to purchase or expropriate the additional lands as it has to purchase or expropriate the lands immediately necessary for the carrying-out of the project under this Act.
(3) Any expenses incurred in acquiring additional lands shall be met as part of the project, and the proceeds of any sale or other disposition of the lands so acquired shall be applied, in so far as they are required, in reduction of the cost of carrying out the project.
1959-107-20.
564B. In this Division:
"affordable and special needs housing zoning by-law" means a zoning by-law referred to in section 565.17 (1) [zoning by-laws and affordable and special needs housing];
"conditional density rule" means a density regulation established under section 565.1 (1) [zoning for amenities and affordable housing] to apply for a district or zone only on applicable conditions being met;
"density benefits zoning by-law" means a zoning by-law referred to in section 565.1 (1).
2024-11-31.
565. (1) The Council may make by-laws
(a) dividing the city or any portion thereof into districts or zones of such number, shape, or size as Council may deem fit;
(b) regulating, within any designated district or zone, the use or occupancy of land and land covered by water for or except for such purposes as may be set out in the by-law;
(b.1) limiting the form of tenure in accordance with section 565.01;
(c) regulating, within any designated district or zone, the construction, use, or occupancy of buildings for or except for such purposes as may be set out in the by-law;
(d) regulating the height, bulk, location, size, floor area, spacing, and external design of buildings to be erected within the city or within designated districts or zones;
(e) establishing, in any district or zone, building lines and the area of yards, courts and open spaces to be maintained and the maximum percentage of the area of land that can be covered by impermeable material;
(e.1) regulating, in any district or zone, the maximum density of population or the maximum floor-space ratio permissible;
(f) designating districts or zones
(i) in which there must not be any uniform regulations,
(ii) in which any person wishing to carry out development must
(A) submit such plans and specifications as may be required by the Director of Planning, and
(B) obtain the approval of the Council to the form of development, or
(iii) in which any person wishing to carry out development must comply with regulations and guidelines set out in an official development plan;
(f.1) requiring, where it creates a zone pursuant to this section, that as a condition of approving a form of development a person provide public amenities, facilities or utilities or provide land for such purposes or require that the person retain and enhance natural physical features of a parcel being developed;
(g) delegating to the Director of Planning or such other persons as are authorized by Council the authority to certify the authorized use or occupancy of any land or building;
(h) providing for certificates of use or occupancy and providing that the use or occupancy of any land or building other than in accordance with the certificate of use or occupancy applicable to such land or building shall constitute a violation of the by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;
(i) authorizing the collection of a fee for a certificate of use or occupancy, which fee may vary according to the type of use or occupancy or the value of the land or building used or occupied;
(j) describing the zones or districts by the use of maps or plans, and the information shown on such maps or plans shall form part of the by-law to the same extent as if included therein.
(1.1) The Council may, by by-law, delegate to an officer or employee of the city the authority to grant the approval referred to in subsection (1) (f) (ii) (B).
(1.2) A by-law delegating the authority to grant the approval referred to in subsection (1) (f) (ii) (B) must include
(a) guidelines the delegate must consider in deciding whether to grant approval, and
(b) any terms and conditions the Council considers appropriate.
(1.3) If the Council delegates the authority to grant the approval referred to in subsection (1) (f) (ii) (B), a person wishing to carry out development that is subject to a decision of the delegate is entitled to have the Council reconsider the matter.
(2) A by-law regulating the use or occupancy of land, land covered by water or buildings may
(a) permit uses or occupancies existing at a date specified in the by-law as outright uses, and
(b) make uses or occupancies existing at a date specified in the by-law conditional approval uses as of that date.
(3) The regulations under subsection (1) may be different for different protected heritage property, as specified in the by-law.
(4) In addition to the authority under subsection (3), a by-law under this section may make different provisions for different matters prescribed for the purposes of section 565.001.
(5) In developing or adopting a by-law under this section, the Council must consider applicable guidelines, if any, under section 574.61 [provincial policy guidelines related to transit-oriented areas].
1959-107-20; 1964-72-17; 1990-76-10; 1992-57-14; 1994-43-95; 1994-52-171; 2018-26-13; 2023-48-15; 2024-12-16.
565.001 Despite section 565 but subject to an exemption set out in the regulations, the Council must not exercise the powers referred to in that section to prohibit or restrict a density of use, or a height, bulk, size or floor area of buildings, set out in the regulations in relation to land that is in a transit-oriented area and zoned to permit
(b) a prescribed use other than residential use.
2023-48-16.
565.01 (1) A zoning by-law may limit the form of tenure to residential rental tenure within a district or zone or part of a district or zone for a location in relation to which multi-family residential use is permitted.
(2) A limit under subsection (1) may limit the form of residential rental tenure in relation to a specified number, portion or percentage of housing units in a building.
2018-26-14.
565.02 If the Council adopts a zoning by-law that limits the form of tenure to residential rental tenure, the zoning by-law in relation to residential rental tenure does not affect the following:
(a) any lawful bylaw that a strata corporation may pass under Part 8 [Rentals] of the Strata Property Act;
(b) any lawful rule that a housing cooperative may adopt in relation to rental of housing.
2018-26-14.
"manufactured home zone" means a district or zone in respect of which the only permitted residential use is for manufactured homes as defined in section 673 [definitions in relation to Part 17] of the Local Government Act;
"restricted zone" means,
(a) for the purposes of subsection (3), a district or zone in respect of which the permitted residential use would, but for this section, be restricted to detached one-family dwellings, and
(b) for the purposes of subsections (4) and (5), a district or zone in respect of which the permitted residential use would, but for this section, be restricted to
(i) detached one-family dwellings,
(ii) detached one-family dwellings with one additional housing unit located within the detached one-family dwelling or on the same parcel or parcels of land on which the detached one-family dwelling is located,
(iv) duplexes with one additional housing unit located within each dwelling comprising the duplex or no more than 2 additional housing units on the same parcel or parcels of land on which the duplex is located,
but does not include a manufactured home zone.
(2) Subject to an exemption under section 565.04 or set out in the regulations, a zoning by-law adopted on or after June 30, 2024 must permit the use of land, the use of land covered by water and the use of buildings, and the density of use, required under this section to be permitted.
(3) The Council must exercise the powers referred to in section 565 [zoning by-law] to permit the use and density of use necessary to accommodate one or both of the following on land within a restricted zone:
(a) at least one additional housing unit within a detached dwelling that would otherwise be a one-family dwelling;
(b) at least one additional housing unit within another building on the same parcel or parcels of land on which a detached one-family dwelling is located.
(4) The Council must exercise the powers referred to in section 565 to permit the use and density of use necessary to accommodate at least the prescribed number of housing units on the following land within a restricted zone:
(a) each parcel of land wholly or partly within an urban containment boundary established by a regional growth strategy applicable to the city;
(b) if paragraph (a) does not apply, each parcel of land wholly or partly within an urban containment boundary established by a development plan.
(5) Despite subsection (4), the minimum number of housing units that must be permitted by the Council on a parcel of land referred to in paragraph (a) or (b) of subsection (4) is the greater number prescribed for the purposes of this subsection if the parcel of land is
(a) wholly or partly within a prescribed distance from a bus stop in relation to which the prescribed requirements are met, and
(b) at least the prescribed size.
(6) If the Lieutenant Governor in Council makes regulations respecting the siting, height, bulk, location, size or type of housing unit required to be permitted under this section, the Council must exercise the powers referred to in section 565 in accordance with those regulations.
(7) In developing or adopting a zoning by-law to permit the use and density of use required under this section to be permitted, the Council must consider applicable guidelines, if any, under section 565.07 [provincial policy guidelines related to small-scale multi-family housing].
2023-45-30.
565.04 (1) Section 565.03 (4) and (5) does not apply in relation to any of the following land:
(a) land that is protected under section 12.1 (2) of the Heritage Conservation Act;
(b) land that is, on the date this section comes into force, designated as protected under a by-law made under section 593 [heritage designation protection] of this Act;
(c) land that is not connected to a water or sewer system provided as a service by the city or the Metro Vancouver Regional District;
(d) land within a district or zone in respect of which the minimum lot size that may be created by subdivision is 4 050 m2;
(e) a parcel of land that is larger than 4 050 m2.
(2) As soon as practicable after the Council adopts a zoning by-law in respect of which an exemption under this section or the regulations applies, the Council must give to the minister a written notice that identifies
(a) the land in respect of which the exemption applies, and
(b) the provision under which the exemption is exercised.
2023-45-30.
565.05 (1) [Repealed 2024-11-32.]
(2) Despite section 565.1 (1) but subject to subsection (3) of this section, a zoning by-law must not establish conditional density rules for the purpose of achieving the minimum number of housing units required to be permitted under section 565.03 (4) or (5).
(3) A zoning by-law may, under section 565.1 (1), establish conditional density rules for only one of the minimum number of housing units required to be permitted under section 565.03 (5) but, despite section 565.1 (1) (b), may establish applicable conditions in relation to that single housing unit only in accordance with section 565.1 (2) (b) and (c).
(4) This section does not prohibit a zoning by-law from establishing, under section 565.1, conditional density rules, or applicable conditions, in relation to any number of housing units in excess of the minimum number of housing units required to be permitted under section 565.03 (4) or (5).
2023-45-30; 2024-11-32.
565.06 The Lieutenant Governor in Council may make regulations as follows:
(a) for the purposes of paragraph (b) (iii) and (iv) of the definition of "restricted zone" in section 565.03 (1) [zoning by-laws and small-scale multi-family housing], respecting what constitutes a duplex;
(b) respecting exemptions from all or part of section 565.03;
(c) for the purposes of section 565.03 (4), respecting what constitutes an urban containment boundary;
(d) for the purposes of section 565.03 (5) (a), respecting requirements in relation to bus stops;
(e) for the purposes of section 565.03 (6), respecting the siting, height, bulk, location, size or type of housing units;
(f) respecting any other matter for which regulations are contemplated by section 565.03.
2023-45-30.
565.07 The minister may, after consulting with the minister responsible for the Community Charter, establish policy guidelines regarding the following:
(a) the process of developing and adopting, by the Council, a zoning by-law, for the purpose of permitting the use or density of use required to be permitted under section 565.03 [zoning by-laws and small-scale multi-family housing] of this Act;
(b) the process of developing and adopting, by the Council, a by-law under section 306 (1) (r) [off-street parking and loading space requirements] of this Act to the extent that the by-law relates to the residential use of housing units required to be permitted under section 565.03 (5) of this Act;
(c) the content of a by-law referred to in paragraph (a) or (b) of this section.
2023-45-32.
565.08 (1) The Council must exercise the powers referred to in section 565 to permit the use and density of use necessary to accommodate at least the 20-year total number of housing units required to meet the anticipated housing needs, which total number is included in the most recent housing needs report received under section 574.4 [when and how housing needs report must be received] by the Council.
(2) The Council must, within the prescribed period after December 31 of the year in which the Council received the most recent housing needs report, review and, if necessary, amend or adopt a zoning by-law to permit the use and density of use required to be permitted under this section.
(3) The Lieutenant Governor in Council may make regulations prescribing a period for the purposes of subsection (2).
2023-45-33.
565.09 (1) [Not in force. Repealed 2024-11-33.]
(2) Despite section 565.1 (1), a zoning by-law must not establish conditional density rules for the purpose of achieving the minimum number of housing units required to be permitted under section 565.08 (1).
(3) This section does not prohibit a zoning by-law from establishing, under section 565.1, conditional density rules in relation to any number of housing units in excess of the minimum number of housing units required to be permitted under section 565.08 (1).
2023-45-33; 2024-11-33.
(a) subject to subsections (1.1) and (1.2), establish different density regulations for a district or zone, one generally applicable for the district or zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and
(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).
(1.1) In relation to land that is in a transit-oriented area, a zoning by-law must not establish a conditional density rule that entitles an owner to a higher density under subsection (1) (a) that is less than or equal to
(b) the density corresponding to the height, bulk, size and floor area of buildings
set out in the regulations made under section 574.62 (e) (i) [regulations related to transit-oriented areas] in relation to that land.
(1.2) A zoning by-law must not establish a conditional density rule that entitles the owner of a development to a higher density under subsection (1) (a) that is less than or equal to any higher density provided to the development under an affordable and special needs housing zoning by-law.
(2) The following are conditions that may be included under subsection (1) (b):
(a) subject to subsection (2.1), conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;
(b) subject to subsection (2.2), conditions relating to the provision of affordable and special needs housing units, including conditions respecting either or both of the following:
(i) the ownership and management of the units;
(ii) the number of bedrooms in the units;
(c) a condition that the owner enter into a housing agreement under section 565.2 before a building permit is issued in relation to property to which the condition applies.
(2.1) A zoning by-law must not establish conditions relating to the conservation or provision of an amenity that is specified in an amenity cost charge by-law under section 523K (1) (b) [amenities receiving funding from amenity cost charge].
(2.2) If a zoning by-law imposes conditions referred to in subsection (2) (b), the zoning by-law must also impose conditions respecting the following:
(a) subject to subsection (2.3), the required portion of affordable and special needs housing units in a development;
(b) the form of tenure of the affordable and special needs housing units;
(c) the affordability of the units, including the sales price of the units or the rent to be charged for the units;
(d) the length of time during which the units are subject to conditions imposed under subsection (2) (b) and this subsection.
(2.3) The portion of affordable and special needs housing units referred to in subsection (2.2) (a) must be specified in the zoning by-law as either or both of the following:
(a) a proportion of all housing units in a development;
(b) a percentage of the gross floor area of the residential component of a development.
(2.4) If a zoning by-law imposes conditions referred to in subsection (2) (a) or (b), the zoning by-law may, as an alternative to complying with those conditions and conditions under subsection (2.2), permit, in the circumstances set out in the zoning by-law and at the option of the developer, the payment to the city of an amount of money in accordance with section 565.13 [payment of money instead of meeting conditions].
(2.5) Provisions of a zoning by-law referred to in subsection (1) may be different for one or more of the following:
(a) different forms of tenure;
(c) different parcels of land;
(d) different sizes or types of housing units;
(e) different construction materials for housing units;
(f) any other prescribed basis for difference.
(3) A zoning by-law under section 565 (1) (f) may designate an area within a zone for affordable or special needs housing, as such housing is defined in the by-law, if the owners of the property covered by the designation consent to the designation.
1993-58-5; 1994-43-96; 2023-46-12; 2024-11-34.
565.11 (1) During the development of a density benefits zoning by-law, or the development of an amendment to such a zoning by-law, the Council must provide one or more opportunities it considers appropriate for consultation with persons, public authorities and organizations that the Council considers will be affected by the zoning by-law.
(2) No consultation is required to repeal a density benefits zoning by-law.
(3) The Lieutenant Governor in Council may make regulations respecting consultation under subsection (1), including regulations as follows:
(a) establishing notice requirements and the process for consultation;
(b) prescribing persons, public authorities and organizations that must be consulted;
(c) prescribing circumstances in which no consultation is required.
2024-11-35.
565.12 (1) In adopting or amending a density benefits zoning by-law, the Council must do the following:
(a) have a financial feasibility analysis undertaken in accordance with subsection (2) and consider that analysis;
(b) meet any other prescribed requirements.
(2) The financial feasibility analysis referred to in subsection (1) (a) must take into consideration any relevant matters and information, including the following:
(a) the conditions of the local housing market;
(b) the costs of residential construction;
(c) the degree to which different factors affect the feasibility of meeting the conditions imposed under section 565.1 (2) (a) and (b) and (2.2);
(d) the amount of density required to ensure the feasibility of meeting the conditions imposed under section 565.1 (2) (a) and (b) and (2.2);
(e) any other prescribed matters or information.
(3) The Council must make available to the public, on request, the considerations, information and analysis used to adopt or amend a density benefits zoning by-law, but any information respecting the contemplated acquisition costs of specific properties need not be provided.
(4) The Lieutenant Governor in Council may make regulations requiring that the financial feasibility analysis referred to in subsection (1) (a) be undertaken by an individual with a professional designation specified in the regulation.
2024-11-35.
565.13 (1) In this section, "capital costs" includes
(a) planning, architectural, engineering and legal costs, and
(b) the principal and interest
directly related to meeting the conditions imposed under section 565.1 (2) (a) and (b) and (2.2).
(2) If a developer exercises the option, referred to in section 565.1 (2.4), to pay money to the city in respect of a development, the amount of money to be paid is equal to the estimated capital costs that the developer would otherwise incur to meet the conditions imposed under section 565.1 (2) (a) and (b) and (2.2) in respect of the development.
(3) The method for determining the estimated capital costs referred to in subsection (2) of this section must be specified in the density benefits zoning by-law.
(4) Money referred to in section 565.1 (2.4) is payable at the time the building permit is issued in relation to property to which the conditions imposed under section 565.1 (2) (a) and (b) and (2.2) apply.
(5) If money is received by the city under subsection (4) of this section in relation to the conservation or provision of amenities, the Council must
(a) establish a density benefits reserve fund for amenities for the purpose of conserving or providing amenities, and
(b) place the money to the credit of the density benefits reserve fund for amenities.
(6) Money in a density benefits reserve fund for amenities, together with interest on it, may be used only for the following:
(a) to pay the capital costs of conserving or providing amenities;
(b) to pay a person or public authority, pursuant to an agreement under which the person or public authority agrees to provide a service on behalf of the city, in order to pay capital costs incurred by the person or public authority to conserve or provide amenities in accordance with the density benefits zoning by-law.
(7) Payments out of a density benefits reserve fund for amenities must be authorized by a resolution of the Council, and one resolution may authorize a series of payments in respect of any amenity.
(8) If money is received by the city under subsection (4) in relation to the provision of affordable and special needs housing units, the Council must
(a) establish a density benefits reserve fund for affordable and special needs housing for the purpose of providing, constructing, altering or expanding affordable and special needs housing units, and
(b) place the money to the credit of the density benefits reserve fund for affordable and special needs housing.
(9) Money in a density benefits reserve fund for affordable and special needs housing, together with interest on it, may be used only for the following:
(a) to pay the capital costs of providing, constructing, altering or expanding affordable and special needs housing units;
(b) to pay any of the following for the purpose of providing, constructing, altering or expanding affordable and special needs housing units:
(i) a corporation incorporated by, or in which shares have been acquired by, the city or the Metro Vancouver Regional District for a purpose that includes providing affordable housing;
(ii) a society, other than a member-funded society as defined in section 190 of the Societies Act;
(iii) a housing cooperative, within the meaning of the Cooperative Association Act, that is not for profit;
(iv) a board within the meaning of the Health Authorities Act;
(v) an agent of the government or the government of Canada;
(vi) a registered charity as defined in section 248 (1) of the Income Tax Act (Canada);
(vii) a body within a prescribed class of bodies.
(10) Payments out of a density benefits reserve fund for affordable and special needs housing must be authorized by a resolution of the Council, and one resolution may authorize a series of payments in respect of any housing project.
2024-11-35.
565.14 (1) Despite a density benefits zoning by-law, the Council may, by by-law and in accordance with this section, enter into an agreement with a person under which some or all of the affordable and special needs housing units that the person is required to provide under the zoning by-law on a parcel of land are instead provided on one or more other parcels of land.
(2) In an agreement under subsection (1), the requirements in relation to affordable and special needs housing units must meet or exceed the requirements under the density benefits zoning by-law.
(3) Without limiting the matters that may be dealt with in an agreement under subsection (1), the agreement must specify the following:
(a) the parcels of land on which the affordable and special needs housing units will be located;
(b) who is to provide the affordable and special needs housing units on each parcel of land;
(c) when the affordable and special needs housing units are to be provided on each parcel of land;
(d) how the provision of affordable and special needs housing units under the agreement will meet or exceed the requirements under the affordable and special needs housing zoning by-law;
(e) any other prescribed information.
2024-11-35.
565.15 (1) In this section, "in-stream" and "precursor application" have the same meaning as in section 523D (8.3) [development cost levies].
(2) Subject to subsection (3), a density benefits zoning by-law that would otherwise be applicable to the construction, alteration or extension of a building or structure has no effect with respect to that construction, alteration or extension if a precursor application to that building permit is in-stream on the date the by-law is adopted.
(3) Subsection (2) does not apply if the applicant for that building permit agrees in writing that the density benefits zoning by-law should have effect.
2024-11-35.
565.16 (1) In each year, the Director of Finance must prepare and submit to Council a report that includes the following information:
(a) any amenities conserved or provided under the density benefits zoning by-law or section 565.13 (6);
(b) the number of affordable and special needs housing units that are required by the density benefits zoning by-law and for which a building permit has been issued during the previous year;
(c) in relation to a density benefits reserve fund for amenities required under section 565.13 (5),
(i) the amounts received under section 565.13 (4) in the applicable year in relation to the conservation or provision of amenities,
(ii) the expenditures from the density benefits reserve fund for amenities in the applicable year, and
(iii) the balance in the density benefits reserve fund for amenities at the start and at the end of the applicable year;
(d) in relation to a density benefits reserve fund for affordable and special needs housing required under section 565.13 (8),
(i) the amounts received under section 565.13 (4) in the applicable year in relation to the provision of affordable and special needs housing units,
(ii) the expenditures from the density benefits reserve fund for affordable and special needs housing in the applicable year, and
(iii) the balance in the density benefits reserve fund for affordable and special needs housing at the start and at the end of the applicable year;
(e) any other prescribed information.
(2) As soon as practicable after receiving the report, the Council must consider the report and make it available to the public.
2024-11-35.
565.17 (1) Subject to subsection (7) and the regulations made under subsection (8), a zoning by-law may do the following:
(a) subject to subsection (2), require developments within a zone that are, in whole or in part, residential developments to include the portion of affordable and special needs housing units that is specified in the zoning by-law in accordance with subsection (3);
(b) establish requirements in relation to the affordable and special needs housing units, including requirements respecting either or both of the following:
(i) the ownership and management of the units;
(ii) the number of bedrooms in the units;
(c) provide higher density to developments that are subject to requirements under paragraphs (a) and (b) and subsection (2);
(d) as an alternative to complying with the requirements under paragraphs (a) and (b) and subsection (2), permit, in the circumstances set out in the zoning by-law and at the option of the developer, the payment to the city of an amount of money in accordance with section 565.191 [payment of money instead of providing affordable and special needs housing units].
(2) A zoning by-law referred to in subsection (1) must, in accordance with any regulations made under subsection (8), establish requirements respecting the following:
(a) the form of tenure of the affordable and special needs housing units;
(b) the affordability of the units, including the sales price of the units or the rent to be charged for the units;
(c) the length of time during which the units are subject to requirements under subsection (1) (b) and this subsection.
(3) The portion of affordable and special needs housing units referred to in subsection (1) (a) must be specified in the zoning by-law as either or both of the following:
(a) a proportion of all housing units in a development;
(b) a percentage of the gross floor area of the residential component of a development.
(4) Provisions of a zoning by-law referred to in subsection (1) may be different for one or more of the following:
(a) different forms of tenure;
(c) different parcels of land;
(d) different sizes or types of housing units;
(e) different construction materials for housing units;
(f) any other prescribed basis for difference.
(5) The Council must, before a building permit is issued in relation to property that is subject to requirements under subsections (1) and (2), enter into a housing agreement under section 565.2 with the owner of the property.
(6) In relation to land that is in a transit-oriented area, a zoning by-law may, under subsection (1) (c), provide a development with higher density that is less than, equal to or greater than
(b) the density corresponding to the height, bulk, size and floor area of buildings
set out in the regulations made under section 574.62 (e) (i) [regulations related to transit-oriented areas] in relation to that land.
(7) An affordable and special needs housing zoning by-law does not apply to a development in which all of the housing units will be owned by any of the following:
(a) a corporation incorporated by, or in which shares have been acquired by, the city or the Metro Vancouver Regional District for a purpose that includes providing affordable housing;
(b) a society, other than a member-funded society as defined in section 190 of the Societies Act;
(c) a housing cooperative, within the meaning of the Cooperative Association Act, that is not for profit;
(d) a board within the meaning of the Health Authorities Act;
(e) an agent of the government or the government of Canada;
(f) a registered charity as defined in section 248 (1) of the Income Tax Act (Canada);
(g) a body within a prescribed class of bodies.
(8) The Lieutenant Governor in Council may make regulations respecting affordable and special needs housing zoning by-laws, including regulations as follows:
(a) establishing a maximum portion of affordable and special needs housing units that may be specified in zoning by-laws under subsection (1) (a);
(b) prohibiting or restricting forms of tenure of affordable and special needs housing units;
(c) establishing requirements respecting the affordability of affordable and special needs housing units, including the sales price of the units or the rent to be charged for the units;
(d) establishing requirements respecting the length of time during which affordable and special needs housing units are subject to requirements under subsections (1) (b) and (2);
(e) making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in relation to affordable and special needs housing zoning by-laws.
2024-11-35.
565.18 (1) During the development of an affordable and special needs housing zoning by-law, or the development of an amendment to such a zoning by-law, the Council must provide one or more opportunities it considers appropriate for consultation with persons, public authorities and organizations that the Council considers will be affected by the zoning by-law.
(2) No consultation is required to repeal an affordable and special needs housing zoning by-law.
(3) The Lieutenant Governor in Council may make regulations respecting consultation under subsection (1), including regulations as follows:
(a) establishing notice requirements and the process for consultation;
(b) prescribing persons, public authorities and organizations that must be consulted;
(c) prescribing circumstances in which no consultation is required.
2024-11-35.
565.19 (1) In adopting or amending an affordable and special needs housing zoning by-law, the Council must do the following:
(a) have a financial feasibility analysis undertaken in accordance with subsection (2) and consider that analysis;
(b) consider the most recent housing needs report received by the Council under section 574.4 [when and how housing needs report must be received], and the housing information on which the report is based;
(c) consider whether the zoning by-law would deter development;
(d) meet any other prescribed requirements.
(2) The financial feasibility analysis referred to in subsection (1) (a) must take into consideration any relevant matters and information, including the following:
(a) the conditions of the local housing market;
(b) the costs of residential construction;
(c) the degree to which different factors affect the feasibility of meeting the requirements under section 565.17 (1) and (2);
(d) the amount of density required to ensure the feasibility of constructing affordable and special needs housing units and not deter development;
(e) any other prescribed matters or information.
(3) The Council must make available to the public, on request, the considerations, information and analysis used to adopt or amend an affordable and special needs housing zoning by-law, but any information respecting the contemplated acquisition costs of specific properties need not be provided.
(4) The Lieutenant Governor in Council may make regulations requiring that the financial feasibility analysis referred to in subsection (1) (a) be undertaken by an individual with a professional designation specified in the regulation.
2024-11-35.
565.191 (1) In this section, "capital costs" includes
(a) planning, architectural, engineering and legal costs, and
(b) the principal and interest
directly related to providing, constructing, altering or expanding affordable and special needs housing units.
(2) If a developer exercises the option, referred to in section 565.17 (1) (d) [zoning by-laws and affordable and special needs housing], to pay money to the city in respect of a development, the amount of money to be paid is equal to the estimated capital costs that the developer would otherwise incur to comply with the requirements under section 565.17 (1) (a) and (b) and (2) in respect of the development.
(3) The method for determining the estimated capital costs referred to in subsection (2) of this section must be specified in the affordable and special needs housing zoning by-law.
(4) Money referred to in section 565.17 (1) (d) is payable at the time the building permit is issued for the development.
(5) If money is received by the city under subsection (4) of this section, the Council must
(a) establish an affordable and special needs housing reserve fund for the purpose of providing, constructing, altering or expanding affordable and special needs housing units, and
(b) place the money to the credit of the affordable and special needs housing reserve fund.
(6) Money in an affordable and special needs housing reserve fund, together with interest on it, may be used only for the following:
(a) to pay the capital costs of providing, constructing, altering or expanding affordable and special needs housing units;
(b) to pay any of the following for the purpose of providing, constructing, altering or expanding affordable and special needs housing units:
(i) a corporation incorporated by, or in which shares have been acquired by, the city or the Metro Vancouver Regional District for a purpose that includes providing affordable housing;
(ii) a society, other than a member-funded society as defined in section 190 of the Societies Act;
(iii) a housing cooperative, within the meaning of the Cooperative Association Act, that is not for profit;
(iv) a board within the meaning of the Health Authorities Act;
(v) an agent of the government or the government of Canada;
(vi) a registered charity as defined in section 248 (1) of the Income Tax Act (Canada);
(vii) a body within a prescribed class of bodies.
(7) Payments out of an affordable and special needs housing reserve fund must be authorized by a resolution of the Council, and one resolution may authorize a series of payments in respect of any housing project.
2024-11-35.
565.192 (1) Despite an affordable and special needs housing zoning by-law, the Council may, by by-law and in accordance with this section, enter into an agreement with a person under which some or all of the affordable and special needs housing units that the person is required to provide under the zoning by-law on a parcel of land are instead provided on one or more other parcels of land.
(2) In an agreement under subsection (1), the requirements in relation to affordable and special needs housing units must meet or exceed the requirements under the affordable and special needs housing zoning by-law.
(3) Without limiting the matters that may be dealt with in an agreement under subsection (1), the agreement must specify the following:
(a) the parcels of land on which the affordable and special needs housing units will be located;
(b) who is to provide the affordable and special needs housing units on each parcel of land;
(c) when the affordable and special needs housing units are to be provided on each parcel of land;
(d) how the provision of affordable and special needs housing units under the agreement will meet or exceed the requirements under the affordable and special needs housing zoning by-law;
(e) any other prescribed information.
2024-11-35.
565.193 (1) In this section, "in-stream" and "precursor application" have the same meaning as in section 523D (8.3) [development cost levies].
(2) Subject to subsection (3), an affordable and special needs housing zoning by-law that would otherwise be applicable to the construction, alteration or extension of a building or structure has no effect with respect to that construction, alteration or extension if a precursor application to that building permit is in-stream on the date the by-law is adopted.
(3) Subsection (2) does not apply if the applicant for that building permit agrees in writing that the affordable and special needs housing zoning by-law should have effect.
2024-11-35.
565.194 (1) In each year, the Director of Finance must prepare and submit to Council a report that includes the following information:
(a) the number of affordable and special needs housing units that are required by the affordable and special needs housing zoning by-law and for which a building permit has been issued during the previous year;
(b) in relation to an affordable and special needs housing reserve fund required under section 565.191 (5),
(i) the amounts received under section 565.191 (4) in the applicable year,
(ii) the expenditures from the affordable and special needs housing reserve fund in the applicable year, and
(iii) the balance in the affordable and special needs housing reserve fund at the start and at the end of the applicable year;
(c) any other prescribed information.
(2) As soon as practicable after receiving the report, the Council must consider the report and make it available to the public.
2024-11-35.
565.195 As requested by the minister, Council must provide the minister with any information respecting requirements established in an affordable and special needs housing zoning by-law, including information respecting the following:
(a) the setting of the portion of affordable and special needs housing units that is specified in the zoning by-law;
(b) the establishment of requirements in relation to the affordable and special needs housing units;
(c) the setting of higher density for developments that are subject to the requirements;
(d) the development of the zoning by-law and of any amendments to it, including consultations undertaken in that development.
2024-11-35.
565.2 (1) Council may, by by-law, enter into a housing agreement under this section.
(2) A housing agreement may include terms and conditions agreed to by Council and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:
(a) the form of tenure of the housing units;
(b) the availability of the housing units to classes of persons identified in the agreement or the by-law under subsection (1) for the agreement;
(c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);
(d) rents and lease, sale or share prices that may be charged, and the rates at which these may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.
(3) A housing agreement may not vary the use or density from that permitted in the applicable by-law.
(4) A housing agreement may only be amended by by-law adopted with the consent of the owner.
(5) If a housing agreement is entered into or amended, the city must file in the land title office a notice that the land described in the notice is subject to the housing agreement, as amended if applicable.
(6) Once a notice is filed under subsection (5), the housing agreement or the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.
(7) On filing under subsection (5), the registrar must make a note of the filing against the title to the land affected but, in the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a note of the filing,
(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.
(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees.
1993-58-5; 1999-37-327; 2004-66-167; 2019-5-25.
565A. (1) Council may make by-laws
(a) prohibiting any person from undertaking any development without having first obtained a permit therefor. Such permit shall hereinafter be referred to as a "development permit";
(a.1) requiring that, as a condition of approving a development, a person provide public amenities, facilities or utilities or provide land for such purposes or require that the person retain and enhance natural physical features of a parcel being developed;
(b) providing that a development permit may be limited in time and subject to conditions, and making it an offence for any person to fail to comply with such conditions;
(c) providing that no building permit shall be issued for the construction of any building until a development permit has first been obtained;
(d) delegating to any official of the city or to any board composed of such officials such powers of discretion relating to zoning matters which to Council seem appropriate;
(d.1) subject to sections 578 (2) and 579 (2), delegating to the Director of Planning, or to any board composed of officials of the city, the power to refuse to issue a development permit if, in the opinion of the delegate, the proposed action would detract from the heritage value or heritage character of protected heritage property;
(d.2) providing that the failure to obtain a permit required under section 193D in relation to the same property is a basis for refusing to issue a development permit;
(e) providing for relaxation of the provisions of a zoning by-law or a by-law prescribing requirements for buildings where
(i) enforcement would result in unnecessary hardship,
(ii) Council determines that the proposed development would make a contribution to conserving heritage property,
(iii) Council determines that the proposed development makes provision for public space or activities,
(iv) Council determines that the proposed development makes provision for low cost housing for persons receiving assistance, or
(v) the proposed development is in relation to a special event, as designated by Council by by-law or resolution.
Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by an official of the city or by any board constituted pursuant to subsection (d). The power to relax the provisions of a zoning by-law shall not be used to permit construction to provide for multiple occupancy in a one family dwelling district nor to permit the use or occupancy of a dwelling as a multiple dwelling in such district unless it was so used or occupied as at April 1, 1977;
(f) providing for the payment of a fee upon application for a development permit, which fee may vary accordingly to the value or type of development for which the permit is sought;
(g) providing that the use or occupancy of any land or building in contravention of the provisions of a zoning by-law or the conditions of a development permit shall constitute a violation of the zoning by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;
(h) prohibiting the use or occupancy of any land or building on or in which a development has taken place since the eighteenth day of June, 1956, without a development permit;
(i) prohibiting the erection, use, or occupancy of any building or the use or occupancy of any land unless due provision is made for public safety and amenity, sanitary facilities, water supply, and drainage;
(j) and (k) [Repealed 1992-79-12.]
(2) A by-law under subsection (1) (a.1) must not be used to prevent the development of land to a density of use permitted under the applicable zoning by-law.
1964-72-18; 1966-69-23; 1978-41-31; 1988-67-12; 1990-77-2; 1992-79-12; 1994-43-97; 1997-44-3; 2009-22-87; 2023-45-34; 2024-11-36.
565D. (1) In this section, "phase out suite" means a suite which was in existence on October 22, 1986 and which suite or the use or occupancy thereof was on that date not permitted by by-law.
(2) Council may, by by-law, permit the retention of one or more phase out suites for a limited period of time and on such conditions as may be prescribed in the by-law.
1988-67-13.
565E. When a development permit which is limited in time expires, then notwithstanding section 568, any use permitted by such permit becomes unlawful.
1988-67-13.
565F. (1) The Council may, by by-law, provide that one or more of the following may include requirements as described under subsection (2):
(a) a permit for a conditional approval use;
(b) a district or zone designated under section 565 (1) (f);
(c) a condition of a development permit.
(2) For the purposes of subsection (1), the Council may include requirements as follows:
(a) respecting the provision, maintenance and retention of landscaping;
(b) respecting the submission of one or more of the following:
(i) plans showing the landscaping to be provided, maintained and retained;
(ii) information, including surveys and reports, respecting existing landscaping and the effects of proposed landscaping.
(3) Nothing in subsections (1) (c) and (2) limits any other condition of a development permit that may be imposed under this Act.
2024-3-13.
566. (1) For the purposes of this section, an application for rezoning is to be treated as an application to amend a zoning by-law.
(2) The Council may, by by-law, require every person applying for an amendment to a zoning by-law to accompany the application with a fee to be prescribed by by-law.
(3) A fee under subsection (2) may vary depending on the size of the area covered by the proposed rezoning, and the by-law establishing the fee may provide for a reduction of the fee depending upon the complexity or scope of the proposed amendment.
(4) A fee under subsection (2) must not exceed the average costs of processing, inspection, advertising and administration that are usually related to a zoning by-law amendment of the kind to which the fee relates.
2024-12-18.
567. Where the provisions of the zoning by-law impose requirements for a lower height of buildings, or a less percentage of a lot that may be occupied, or require wider or larger courts or deeper yards than are imposed or required by the provisions of the building by-law, the provision of the zoning by-law shall govern; but where the provisions of the building by-law impose requirements for a lower height of buildings, or a less percentage of lot that may be occupied, or require wider or larger courts or deeper yards than are required by the zoning by-law, the provisions of the building by-law shall govern.
1959-107-20.
568. (1) Non-conformity shall be divided into two types: —
(a) Non-conformity with respect to the use which is made of the premises;
(b) Non-conformity arising out of change in the regulations governing matters other than the use which may be made of the premises.
(2) A building lawfully under construction at the time of coming into force of a zoning by-law shall for the purpose of that by-law be deemed to be a building existing at that time. For the purposes of this subsection, a building shall be deemed to be lawfully under construction if a development permit has been issued and such permit remains valid.
(3) A lawful use of premises existing at the time of coming into force of a zoning by-law, although such use is not in accordance with the provisions of the by-law, may be continued; but, if such non-conforming use is discontinued for a period of ninety days, any future use of those premises shall be in conformity with the provisions of the by-law. The Board of Variance may extend the aforesaid period of 90 days to a maximum of 180 days.
(4) No additions or structural alterations except those required by Statute or by-law shall be made to a non-conforming building without
(a) the approval of the Board of Variance if the non-conformity is in respect of use;
(b) the approval of the Director of Planning if the non-conformity is in respect of regulations only.
(5) Where a non-conforming building is damaged or destroyed by fire to the extent of sixty per centum or more of its value above its foundations as determined by the City Building Inspector, whose decision shall be subject to review by the Board of Variance, it shall not be repaired or reconstructed without the approval of
(a) the Board of Variance if the non-conformity is in respect of use;
(b) the Director of Planning if the non-conformity is in respect of regulations only.
(7) Despite subsection (4), additions or structural alterations to a protected heritage property may be undertaken if they are permitted or authorized in accordance with the provisions governing the heritage protection of the property.
(8) Subsection (5) does not apply to additions or structural alterations made to a protected heritage property if the additions or structural alterations are permitted or authorized in accordance with a heritage alteration permit under section 597.
1959-107-20; 1960-80-13; 1961-76-14; 1969-45-26; 1974-104-46; 1985-89-8; 1987-52-33; 1994-43-98.
568.1 (1) If, at the time a zoning by-law that limits the form of tenure to residential rental tenure is adopted, a housing unit to which the by-law applies has a form of tenure other than residential rental tenure, the other form of tenure continues as a non-compliant form of tenure.
(2) If, at the time a zoning by-law that limits the form of tenure to residential rental tenure is adopted, the Council has issued a building permit or a development permit in relation to a building that will contain housing units to which the by-law would otherwise apply, and the housing units have or may have a form of tenure other than residential rental tenure, the other form of tenure continues as a non-compliant form of tenure.
2018-26-15.
568.2 (1) Subject to subsection (2), if a non-compliant form of tenure is authorized, under section 568.1, to continue in relation to a housing unit in a building and the building is maintained, extended or altered, the non-compliant form of tenure continues if the repair, extension or alteration would, when completed, involve no further contravention of the by-law than that existing at the time the repair, extension or alteration was started.
(2) If the repair, extension or alteration includes the construction of additional housing units, the additional housing units are subject to the zoning by-law in relation to residential rental tenure.
2018-26-15.
568.3 For the purposes of this Division and subject to section 568.4, a change of owners, tenants or occupants of a housing unit does not, by reason only of the change, affect the authority to continue a non-compliant form of tenure of the housing unit.
2018-26-15.
568.4 If
(a) a non-compliant form of tenure is authorized to continue under section 568.1 in relation to a housing unit in a building,
(b) the building includes strata lots,
(c) the strata corporation for the owners of the strata lots is wound up under Part 16 of the Strata Property Act, and
(d) there is a disposition of all of the land and the building of that strata corporation,
the non-compliant form of tenure is no longer authorized to continue.
2018-26-15.
568.5 (1) Despite any provision in this Part, if
(a) a street, or a part of a street, has been stopped up under an enactment, and
(b) the ownership of the street, or part of the street, that has been stopped up is transferred to the owner of an adjoining parcel of land,
the land that comprises the street, or part of the street, that has been stopped up is zoned for the same purpose for which the parcel of which it has become a part is zoned unless the Council, by resolution, directs otherwise.
(2) Despite any provision in this Part, if any land zoned under this Part has been transferred to the city for street purposes, regardless of whether the land is used for street purposes, the land is considered not to be zoned unless the Council, by resolution, directs otherwise.
2024-12-20.
569. (1) Where a zoning by-law is or has been adopted under this Part, or where Council or any inspector or official of the city or any board constituted under this Act exercises any of the powers contained in this Part, any property thereby affected shall be deemed as against the city not to have been taken or injuriously affected by reason of the exercise of any such powers or by reason of such zoning and no compensation shall be payable by the city or any inspector or official thereof.
(2) Notwithstanding that the Board of Variance has relaxed the provisions of a by-law enacted under this Part, in determining the compensation payable by the city for the taking of lands for the widening of a street in respect of which a building line has been fixed, the city is not liable to pay compensation for or in respect of any building erected in contravention of the by-law fixing the building line.
(3) Upon the acquisition of such lands by the city, the owner shall, upon demand by the city, remove such building or part thereof, as the case may be, and, in default thereof, the city may remove the same and the costs of such removal and any other costs incidental thereto shall be a debt due to the city payable by the owner of the property recoverable by action and shall be a charge on the balance of the land unless sooner paid to the city.
(4) Where the use of land or the siting of existing buildings and structures on the land ceases, as a result of expropriation of land, to conform to a zoning by-law under this Part, the remainder of the property is deemed to conform, unless compensation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by that owner or occupant as a result of the non-conformity.
1959-107-20; 1964-72-19; 1965-68-28; 1969-45-27; 1970-54-29; 1990-76-11; 2024-12-21.
570. (1) Before the adoption of a zoning by-law, an official development plan by-law or a by-law under section 593 designating a heritage property, the Council may cause to be withheld the issuance of any development or building permit for a period of 30 days from the date of application for such permit.
(2) Where any permit is so withheld, the application therefor shall be considered by the Council within the said period of thirty days, and, if in the opinion of the Council, the development proposed in the application would be at variance or in conflict with a development plan in the course of preparation, or with an alteration, addition, or extension to an official development plan in course of preparation, or with a zoning by-law in course of preparation, or with an amendment to a zoning by-law in course of preparation, the Council may withhold the permit for a further sixty days from the expiration of the thirty-day period hereinbefore referred to, or the Council may impose such conditions on the granting of the development permit as may appear to the Council to be in the public interest.
(3) In the event that the Council does not within the said period of sixty days adopt any such plan, alteration, addition, extension, or by-law, the owners of the land in respect of which a development permit was withheld or conditions were imposed pursuant to this section shall be entitled to compensation for damages arising from the withholding of such development permit, or the imposition of such conditions. Such compensation shall be determined by arbitration pursuant to the Arbitration Act.
(4) Despite subsection (1), an owner of property for which a permit has been withheld before the adoption of a by-law designating a heritage property may agree that a permit may be withheld for a period longer than the 30 days referred to in subsection (1) and, in that case, subsection (1) continues to apply during that longer period and subsection (2) is deemed to read as if the longer period applies.
1959-107-20; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1994-43-99; 2011-25-481; 2024-12-22.
571A. (1) The Council may make by-laws for regulating the number, size, type, form, appearance and location of signs, whether projecting into a street or not, and the by-law may contain different provisions for different zones and for different uses within a zone.
(1.1) The Council may, by by-law, establish fees payable to the city for an application to initiate a change to a by-law under subsection (1).
(2) The Council may, by resolution passed by not less than two-thirds of all its members, order the removal of any sign, whether located on private or on public property which has been non-conforming for not less than five years, provided, however, that where a sign which became non-conforming prior to March 1, 1973, had, before such date, been granted a permit to make substantial modifications to such sign, the said period of five years shall be calculated from the date of such permit.
(3) The provisions of sections 324A and 324B shall, mutatis mutandis, apply with respect to the enforcement of any order made herein. No compensation shall be payable in connection with the exercise of the authority herein.
1973-93-22; 1987-52-34; 1994-52-173; 2023-16-36.
571AA. (1) The Council may, by by-law, provide for the relaxation of a sign by-law under section 571A in one or more of the following circumstances:
(a) enforcement of the sign by-law would result in unnecessary hardship;
(ii) on property in an area identified as a historic area in an official development plan or a zoning by-law;
(c) the sign uses technology not contemplated by the sign by-law;
(d) the sign is 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.
2006-3-31.
"director" has the same meaning as in the Environmental Management Act;
"registrar" has the same meaning as in section 39 of the Environmental Management Act;
"site disclosure statement" has the same meaning as in section 39 of the Environmental Management Act;
"specified building permit application" means an application for a building permit for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act;
"specified development permit application" means an application for a development permit for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act;
"specified zoning application" means an application for zoning for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act.
(2) The Council or its delegate must not approve a specified zoning application, specified development permit application or specified building permit application with respect to a site, unless both of the following are satisfied:
(a) the Council or its delegate has
(i) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the application, and
(ii) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar;
(b) the Council or its delegate has received one of the following:
(i) notice from a director that an investigation of the site is not required under section 40.1 (2) [investigations required with provision of site disclosure statement] or 41 [site investigations] of the Environmental Management Act;
(ii) a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;
(iii) notice from a director that the Council or its delegate may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(iv) notice from a director that the director has received a remediation plan supporting independent remediation of the site;
(v) notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;
(vi) a valid and subsisting approval in principle or certificate of compliance under section 53 [approvals in principle and certificates of compliance] of the Environmental Management Act with respect to the site.
(3) Subsection (4) applies if a person
(a) makes a specified zoning permit application for a proposed development at a site, and
(b) makes one or both of the following applications for the same proposed development at the same site:
(i) a specified development permit application;
(ii) a specified building permit application.
(4) Despite subsection (2) and in the circumstances referred to in subsection (3), the Council or its delegate may approve the specified zoning application if the Council or its delegate has
(a) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the specified development permit application or specified building permit application, as applicable, and
(b) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar.
2019-19-48.
571C. The Council may by bylaw enter into and implement an agreement referred to in section 57 of the Environmental Management Act.
2003-53-173; 2020-3-9.
571D. A provision in a bylaw that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the minister responsible for the administration of the Environmental Management Act.
1993-25-14; B.C. Reg. 5/2010.
571E (1) In relation to this Division, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting non-compliant forms of tenure, including, without limitation,
(a) regulations prescribing circumstances in which a non-compliant form of tenure is authorized, or is no longer authorized, to continue, and
(b) regulations in relation to when a non-compliant form of tenure is no longer authorized.
(3) The Lieutenant Governor in Council may make regulations prescribing the dimensions, location or number of public amenities, facilities or utilities, or land required as part of a development referred to in section 565A (1) (a.1).
(4) The Lieutenant Governor in Council may make regulations respecting any matter for which regulations are contemplated by this Division.
2018-26-16; 2024-11-37.
Division (4) — Board of Variance
572. In this and the following section "Board" means "Board of Variance."
(1) The Council shall establish by by-law a Board, consisting of 5 members appointed by the Council.
(1.1) The members of the Board shall elect one of their number as Chair of the Board.
(1.2) The Board shall appoint a secretary and shall appoint such other officials as may be required by the Board.
(2) Subject to subsection (2.1), each member of the Board shall hold office for a term of three years or until the member's successor is appointed, but a person may be reappointed for a further term or terms.
(2.1) The Council may rescind an appointment to the Board at any time.
(3) The Council may provide, by by-law or resolution, for the remuneration of members of the Board, in such amounts as the Council thinks fit, and may also provide for the payment of a fee for the hearing of an appeal before the Board.
(4) No person who is a member of the Advisory Planning Commission or who holds any municipal office, whether appointed or elected, is eligible to be appointed or to sit as a member of the Board.
(5) Three members of the Board shall constitute a quorum.
(6) The Chair may from time to time appoint a member of the Board as Acting Chair to preside in the absence of the Chair.
(7) If a member of the Board ceases to hold office, a successor shall be appointed in the same manner as such member was appointed and, until the appointment of a successor, the remaining members shall constitute the Board.
(9) The by-law establishing the Board shall set out the procedure to be followed by the Board, including the manner in which appeals are to be lodged and the method of giving notices required under section 573.
1959-107-20; 1969-45-29; 2003-15-20; 2004-34-22.
573. (1) The Board shall hear and determine appeals
(a) by any person aggrieved by a decision on a question of zoning by any official charged with the enforcement of a zoning by-law;
(b) by any person who alleges that the enforcement of a zoning by-law with regard to siting, size, shape, or design of a building would cause the person undue or unnecessary hardship arising out of peculiarities in the site or special circumstances connected with the development. In any such case the Board may, to the extent necessary to give effect to its determination, exempt the applicant from the applicable provisions of the zoning by-law;
(c) by any person who alleges that due to special circumstances or conditions the provisions of subsection (3) of section 568 will result in undue or unnecessary hardship to the person;
(d) with respect to matters arising under subsections (4) and (5) of section 568;
(e) by any person aggrieved by a decision by any board or tribunal to whom Council has delegated power to relax the provisions of a zoning by-law;
(f) by any person who, by reason of Part XXIX [Protection of Trees], is
(i) unable to obtain a permit authorizing tree cutting or removal, or
(ii) unable to comply with the requirements of a by-law or permit under that Part.
(2) The Board shall not allow any appeal solely on the ground that if allowed the land or buildings in question can be put to a more profitable use nor unless the following conditions exist: —
(a) The undue or unnecessary hardship arises from circumstances applying to the applicant's property only; and
(b) The strict application of the provisions of the by-law would impose an unreasonable restraint or unnecessary hardship on the use of the property inconsistent with the general purpose and intent of the zoning by-law; and
(c) The allowance of the appeal will not disrupt the official development plan.
(2.1) The Board shall not allow an appeal that would apply to a property for which an authorization for alterations is required under Part XXVIII.
(2.2) The Board shall not allow an appeal about a zoning by-law in relation to residential rental tenure.
(3) The Board shall give notice to such owners of real property as the Board may deem to be affected by the appeal, and public notice of the hearing shall be given, if the matter is deemed by the Board to be of sufficient importance. For the purpose of determining the names of the owners deemed to be affected, reference shall be made to the records kept by the Assessor.
(4) Hearings of the Board must be open to the public.
(5) The decision of a majority of the members of the Board present at a hearing shall constitute the decision of the Board, which shall be rendered in open meeting and shall be recorded in writing by the secretary. In the event of the members of the Board being equally divided, the appeal shall be disallowed.
(6) No appeal shall lie from a decision of the Board.
(7) In allowing an appeal, the Board may impose such restrictions, limitations, or conditions as may seem to it to be desirable and proper in the circumstances.
(8) Council may by by-law provide that failure to comply with any restrictions, limitations, or conditions imposed by the Board pursuant to subsection (7) shall constitute an offence against the by-law.
1959-107-20; 1960-80-14; 1964-72-20,21; 1990-77-3; 1993-59-52; 1994-43-100; 1997-25-209; 2000-7-191; 2003-52-515; 2018-26-17; 2022-15-72; 2022-15-75,Sch 3.
Division (5) — Advisory Planning Commission
574. (1) The Council may by by-law create a Commission to advise the Council on planning matters.
(2) The Commission shall comprise such personnel and have such powers and duties as the Council may by by-law prescribe.
1959-107-20; 1997-25-210.
Division (6) — Housing Needs Reports
574.1 The Council must prepare housing needs reports in accordance with this Division.
2018-20-12.
574.2 (1) Subject to the regulations, the Council must collect information in relation to the demand for and supply of housing for the city for the purpose of preparing a housing needs report.
(2) For the purpose of subsection (1), the Council must collect
(a) statistical information about current and projected population;
(b) statistical information about household income;
(c) information about significant economic sectors;
(d) information about currently available housing units and housing units that are anticipated to be available, including information about types of housing units;
(e) any other prescribed information.
2018-20-12.
574.3 A housing needs report must
(a) be in a format prescribed by regulation, if any,
(b) be based on the information collected under section 574.2, and
(c) include the following, subject to the regulations, in relation to the city:
(i) the total number of housing units required to meet anticipated housing needs for the next 5 years;
(ii) the total number of housing units required to meet anticipated housing needs for the next 20 years;
(iii) any other prescribed information.
2018-20-12; 2023-45-38.
574.4 (1) The Council must, by resolution, receive housing needs reports in accordance with this section.
(2) The Council must receive a housing needs report at a meeting that is open to the public.
(3) The Council must receive a housing needs report on or before December 31, 2028 and on or before December 31 in every fifth year after that date.
2018-20-12; 2023-45-39.
574.5 As soon as practicable after the Council receives a housing needs report, the Council must publish the housing needs report on an internet site that is publicly and freely accessible.
2018-20-12.
574.6 (1) In relation to this Division, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act, including regulations respecting any matter for which regulations are contemplated by this Division.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting information that must be collected under section 574.2, including, without limitation, in relation to the nature, level of detail and type of information that must be collected and prescribing the periods of time for which the information must be collected;
(b) prescribing types of housing units;
(c) prescribing the format of a housing needs report;
(d) respecting the information that must be included in a housing needs report;
(e) respecting the methods for calculating a number of housing units, including, without limitation, establishing formulas, rules or principles for the calculation, and respecting criteria on which the methods are based;
(f) requiring the Council to use a method established under paragraph (e).
2018-20-12; 2023-45-40.
Division (7) — Transit-Oriented Areas
574.61 The minister may, after consulting with the minister responsible for the administration of the Community Charter, establish policy guidelines regarding the following:
(a) the process of developing and adopting, by the Council, a by-law under section 306 (1) (r) [off-street parking and loading space requirements] of this Act to the extent the by-law relates to parking in transit-oriented areas;
(b) the process of developing and adopting, by the Council, a development plan or zoning by-law that applies to a transit-oriented area;
(c) the process of developing and adopting, by the Council, a by-law under section 574.63 of this Act;
(d) the content of a development plan or by-law referred to in paragraph (a), (b) or (c) of this section.
2023-48-17.
574.62 The Lieutenant Governor in Council may make regulations as follows:
(a) respecting transit-oriented areas, including, without limitation, prescribing distances for the purposes of the definition of "transit-oriented area" in section 2 [interpretation];
(b) respecting transit stations, including, without limitation, prescribing bus stops, bus exchanges, passenger rail stations and other transit facilities for the purposes of the definition of "transit station" in section 2;
(c) requiring an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building;
(d) respecting exemptions from all or part of section 565.001 [restrictions on zoning authority in relation to transit-oriented areas];
(e) for the purposes of section 565.001,
(i) respecting, within a transit-oriented area, density of use of land and buildings and the height, bulk, size and floor area of buildings, including, without limitation, respecting an amount of development, a number of storeys and a floor-space ratio, and
2023-48-17.
574.63 (1) The Council must, by by-law, designate each transit-oriented area within the city.
(2) A designation under subsection (1) must
(a) be made by incorporating in the by-law a map or plan, and
(b) include any land designated in respect of the city by a regulation of the Lieutenant Governor in Council under this Act.
(3) In developing or adopting a by-law under this section, the Council must consider applicable guidelines, if any, under section 574.61.
(4) As soon as practicable after adopting a by-law under subsection (1), the Council must give written notice to the minister, together with a copy of the by-law.
2023-48-19.
574.64 (1) On the recommendation of the minister, the Lieutenant Governor in Council may make an order designating a transit-oriented area in respect of the city.
(2) The minister may make a recommendation under subsection (1) only if
(a) the minister is satisfied that
(i) the Council has failed to designate the transit-oriented area, or
(ii) the transit-oriented area designated by the Council does not meet the requirements under this Act,
(b) the minister has given notice to the Council of the minister's proposed recommendation, and
(c) the Council does not designate the transit-oriented area in accordance with the notice.
(3) A notice under subsection (2) (b) must
(a) identify the transit-oriented area in respect of which the minister proposes to make a recommendation,
(b) state the reason for the minister's proposed recommendation, and
(c) advise the Council that it must, within 90 days after receipt of the notice or by a later date set out in the notice, designate the transit-oriented area in accordance with the notice.
(4) A designation under subsection (1) must be made by incorporating in the order a map or plan.
(5) If a designation under subsection (1) is made for a reason referred to in subsection (2) (a) (ii), the by-law by which the Council designated the transit-oriented area is conclusively deemed to be amended to the extent necessary to reflect the transit-oriented area designated under subsection (1).
2023-48-20; 2023-48-21.
Part XXVIII — Heritage Conservation
575. (1) The definitions in section 559 apply to this Part.
(2) In addition to the definitions made applicable by subsection (1), in this Part
"adopt" includes amend or repeal;
"alter" means to change in any manner and, without limiting this, includes
(a) the making of an improvement, as defined in the Builders Lien Act, and
(b) any action that detracts from the heritage value or heritage character of heritage property;
"approval" means a permit, licence or other authorization required under this or any other enactment administered by the Council or a delegate;
"delegate" means, in relation to a power or duty, a committee, board or person given authority under section 579 to exercise that power or duty;
"heritage alteration permit" means a permit under section 597;
"heritage designation by-law" means a by-law under section 593;
"heritage inspection" means the physical examination of property and the research necessary to assess the heritage value and the heritage character of the property or to determine the need for conservation of the property;
"heritage revitalization agreement" means an agreement under section 592.
(3) A provision of this Part that applies to an officer or employee of the Council may apply to an officer or employee of another government with the approval of that government.
1994-43-101.
576. (1) This Part must not be used to conserve natural landscapes or undeveloped land except
(a) to the extent that the exercise of power under this Part in respect of natural landscape or undeveloped land is, in the opinion of the Council, necessary for the conservation of adjacent or proximate land, or an adjacent or proximate building, that is protected heritage property, or
(i) a site that has heritage value or heritage character related to human occupation or use, or
(ii) individual landmarks and other natural features that have cultural or historical value.
(2) This Part must not be used to prevent a use of real property that is permitted under the applicable zoning by-law for the property or to prevent the development of land to the density allowed in respect of that permitted use under the applicable zoning by-law, except with regard to property that
(a) is designated by a heritage designation by-law, or
(b) is subject to temporary heritage protection under this Part.
(2.1) Despite subsection (2) (a), a heritage designation by-law must not be used to prevent a use of real property, or the development of land to a density of use, permitted under the applicable zoning by-law to the extent that the use or density of use is required to be permitted under section 565.03 [zoning by-laws and small-scale multi-family housing].
(3) If there is a conflict between a provision of this Part, or a permit or order made under this Part, and the Heritage Conservation Act, or a permit or order made under that Act, the Heritage Conservation Act, or the permit or order made under it, prevails.
1994-43-101; 2023-45-41.
577. Except as provided in sections 583 (7) and 595, no person is entitled to compensation for
(b) any reduction in the value of property
that results from the performance in good faith of any duty under this Part or the exercise in good faith of any power under this Part.
1994-43-101.
578. (1) Every application for a heritage alteration permit or the amendment of a by-law under this Part must be considered by the Council or, if applicable, its delegate under section 579.
(2) The applicant or owner of property subject to a decision made by a delegate under section 565A (1) (d.1) or 579 is entitled to have the Council reconsider the matter without charge.
1994-43-101; 2024-11-38.
579. (1) The Council may, by by-law adopted by at least 2/3 of the votes cast, delegate to a committee of Council members, a board under section 565A (1) (d) or (d.1), or an officer or employee of the Council, its powers and duties under one or more of the following, subject to any limits or conditions established by the Council:
(a) section 584 respecting heritage inspections;
(i) the requirement for an impact assessment,
(ii) the establishment of specifications regarding an impact assessment,
(iii) the undertaking of an impact assessment under subsection (1) (b) of that section, and
(iv) the determination of whether the information required under that section has been provided;
(c) section 587 (5) (b) respecting the making of agreements as to terms and conditions to prevent or mitigate an alteration;
(d) section 590 respecting the identification of heritage property in a heritage control area;
(i) the issuance or refusal of heritage alteration permits,
(ii) the establishment of requirements and conditions of a heritage alteration permit, and
(iii) the determination of whether the requirements and conditions of a heritage alteration permit have been met.
(2) A by-law under subsection (1) of this section or section 565A (1) (d.1) must
(a) establish procedures regarding applying for and dealing with a reconsideration under section 578 (2),
(b) establish guidelines with regard to the exercise of this authority if the by-law authorizes a delegate to vary or supplement a bylaw under section 597 (2), and
(c) establish guidelines with regard to the circumstances under which security is to be required from applicants, and how the amount of security is to be determined, if the bylaw authorizes a delegate to require an applicant to post a security deposit under section 598 (2) (c).
1994-43-101; 2024-11-39.
580. (1) The Ombudsperson appointed under the Ombudsperson Act may investigate complaints about decisions made by the Council under this Part or procedures used by the Council under this Part.
(2) Subsection (1) does not authorize the Ombudsperson to investigate an issue involving compensation for reduction in the market value of real property caused by a designation under section 593.
(3) The Ombudsperson Act, other than section 11 (1) (a) of that Act, applies to investigations under this section and, for that purpose, the Council is deemed to be an authority as defined in that Act.
(4) During an investigation under this section and for up to 6 months after the completion of the investigation if the Ombudsperson considers the matter to be unresolved, the Ombudsperson may direct that the Council or the complainant, or both, must not take any action on matters specified by the Ombudsperson.
(5) If the Ombudsperson makes a recommendation under section 23 or 24 of the Ombudsperson Act regarding an investigation under this section and no action that the Ombudsperson believes adequate or appropriate is taken by the Council within a reasonable time, the Ombudsperson may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsperson considers appropriate.
(6) On receipt of a report from the Ombudsperson, the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest, and the order is binding on the Council.
(7) Nothing in this section diminishes the authority of the Ombudsperson under the Ombudsperson Act.
1994-43-101; 1997-25-211; 2009-21-4,5.
Division (2) — Heritage Review
581. (1) The Council may, by by-law, do one or more of the following:
(a) establish one or more heritage commissions, which may be different for different areas and different purposes;
(b) authorize existing organizations to act as heritage commissions;
(c) establish one or more joint heritage commissions with one or more other local governments.
(2) A by-law under subsection (1)
(a) must establish the terms of reference for the heritage commission, and
(b) if the by-law establishes a heritage commission under subsection (1) (a) or (c), must establish
(i) the composition of the heritage commission,
(ii) the manner by which the members of the heritage commission are to be appointed, and
(iii) the procedures governing the conduct of the heritage commission or the manner by which these procedures are to be established.
(3) A heritage commission under subsection (1) may do the following:
(a) advise the Council on any matter that is included in its terms of reference;
(b) advise the Council on matters referred to it by the Council;
(c) undertake or provide support for such activities as are included in its terms of reference or otherwise authorized by the Council.
(4) Meetings of a heritage commission must be open to the public, except for those meetings or portions of meetings at which the commission considers matters for which the Council has authorized the commission to meet in private.
1994-43-101.
582. (1) The Council may, by resolution, establish a heritage register that identifies real property that is considered by the Council to be heritage property.
(a) must indicate the reasons why property included in a heritage register is considered to have heritage value or heritage character, and
(b) may distinguish between heritage properties of differing degrees and kinds of heritage value or heritage character.
(3) Within 30 days after including a property in a heritage register or deleting property from a heritage register, the Council must give notice of this
(a) to the owner of the heritage property in accordance with section 599, and
(b) to the minister responsible for the Heritage Conservation Act in accordance with section 602.
(4) The protection of heritage property is not affected by an error or omission in a heritage register.
1994-43-101.
583. (1) For the purposes of assessing the heritage value, heritage character or the need for conservation of real property, the Council or its delegate may order a heritage inspection of the property in any of the following circumstances:
(a) the property is or may be protected heritage property;
(b) the property is identified as heritage property in a heritage register;
(c) the property is or may be heritage property according to criteria that the Council may, by by-law, establish for the purposes of this Part.
(2) An order under subsection (1)
(a) must state the purpose of the heritage inspection,
(b) must specify how long the order is to remain in effect,
(c) must require the heritage inspection to be carried out in an expeditious manner,
(d) may provide that the property covered by the order is subject to temporary protection as provided in section 591 until the applicable time under subsection (3) or section 584 (4), and
(e) may include terms, conditions and specifications the Council or delegate considers appropriate.
(3) Temporary protection under subsection (2) (d) applies until the earliest of the following, subject to an extension of this time under section 584 (4):
(a) the day after a report of the results of the heritage inspection is delivered to a regular meeting of the Council;
(b) the day the Council or its delegate informs the owner that the heritage inspection is completed or is no longer required;
(c) 30 days after the day on which the heritage inspection was ordered.
(4) A person must not interfere with the conducting of a heritage inspection.
(5) A person conducting a heritage inspection may perform tests and remove material samples that are necessary for the purposes of the heritage inspection, but must do this in such a manner that any alterations are as minor and inconspicuous as reasonably possible given the requirements of the heritage inspection.
(6) Upon completion of a heritage inspection, the Council must
(a) notify the owner of the property that a heritage inspection has been conducted if the owner was not notified of the heritage inspection before the heritage inspection, and
(b) make a report to the owner of what was done if, as a part of a heritage inspection, an alteration is made or material is removed.
(7) A person whose property is damaged by a heritage inspection under subsection (1) is entitled to have the damage repaired at the expense of the Council or, if the damage cannot be repaired, to compensation from the Council.
1994-43-101.
584. (1) An order under section 583 (1) authorizes a person conducting the heritage inspection to enter land or premises identified in the order at any reasonable time for the purposes of the heritage inspection.
(2) Prior to or when entering land under subsection (1), the person conducting the heritage inspection or heritage investigation must make a reasonable attempt to notify the owner or occupier of the land and, if requested, present a copy of the order to the owner or occupier.
(3) Except as provided in subsection (4), nothing in this section or an order made under section 583 authorizes entry into a building without the permission of the owner or occupier.
(4) A justice may issue a warrant authorizing a person to enter land or a building to conduct a heritage inspection ordered under section 583 (1) if the justice is satisfied that
(a) there are reasonable grounds to believe that entry is required to achieve the purposes of the heritage inspection, and
(b) there are reasonable grounds to believe that
(ii) the person conducting the heritage inspection or heritage investigation has been unable to notify the owner or occupier after making a reasonable attempt to do so,
(iii) admission has been refused or refusal is anticipated, or
(iv) notification may defeat the object of the entry.
(5) A warrant under subsection (4) may extend the time period for which the property is protected under section 583 (2) (d) and continues in force until the purpose for which the entry is required has been satisfied.
(6) If a heritage inspection is conducted under a warrant under subsection (4), the person conducting the heritage inspection must be accompanied by a peace officer.
1994-43-101.
585. (1) If, in the opinion of the Council or its delegate, an approval may affect protected heritage property, the Council or delegate may require the applicant for the approval, before the approval is issued,
(a) to provide the Council or delegate, at the expense of the applicant, with information regarding the possible effects that the activity or action enabled by the approval may have on the heritage property, or
(b) to permit the Council or delegate to undertake, at the expense of the Council, studies regarding the matters referred to in paragraph (a) provided that such studies are undertaken promptly.
(2) A requirement under subsection (1) must be communicated to the applicant in writing and include specifications of the information to be provided and of the qualifications of any persons undertaking studies to produce the information.
(3) Specifications referred to in subsection (2) must not be changed by the Council or its delegate without the agreement of the applicant.
1994-43-101.
586. (1) If, in the opinion of the Council, real property owned by the Provincial government has heritage value or heritage character, the Council may, by resolution, request that Provincial protection be provided for the property.
(2) Within 5 days after a resolution under subsection (1) is adopted, the Council must convey the resolution to the minister responsible for the Heritage Conservation Act.
(3) Once a request has been made under subsection (1), the property for which the protection is requested is subject to temporary protection in accordance with section 591 until the earlier of the following:
(a) the end of 30 days after the resolution authorizing the request was adopted;
(b) the minister responsible for the Heritage Conservation Act notifies the Council in writing that the temporary protection is ended.
(4) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Crown.
(5) No more than one request may be made under subsection (1) with respect to any particular building or site during any one 10 year period.
1994-43-101; 1999-38-66.
Division (3) — Temporary Protection
587. (1) The Council may, by by-law, direct or authorize a board, committee, officer or employee who issues approvals to withhold the issuance of any approval for an action which, in the opinion of the board, committee or person responsible for issuing the approval, would alter or cause an alteration to any of the following:
(a) protected heritage property;
(b) property subject to temporary heritage protection under another section of this Part;
(c) property in a heritage register under section 582.
(2) A by-law under subsection (1) may establish restrictions, limits or conditions on the duty or power to withhold approvals.
(3) If an approval is withheld under subsection (1), the matter must be referred to the Council at its next regular meeting after the approval is withheld.
(4) If an approval is referred to the Council with regard to property referred to in subsection (1) (a) or (b), the Council may authorize that the approval continue to be withheld until an action referred to in subsection (5) occurs.
(5) An approval must not be withheld under this section if one or more of the following occurs:
(a) a heritage alteration permit is issued authorizing the alteration to which the approval applies;
(b) the applicant agrees to terms and conditions satisfactory to the Council or its delegate to prevent or mitigate circumstances that may detract from the heritage value or heritage character of the property;
(c) in the case of property subject to temporary heritage protection, the protection expires;
(d) in the case of property that appears to the board, committee or person responsible for issuing the approval to be protected under the Heritage Conservation Act, the Council is notified by the minister responsible for that Act that the requirements of that Act have been met or do not apply.
(6) Except as provided in subsection (4), nothing in this section authorizes the withholding of an approval to which an applicant would otherwise be entitled beyond the time of the meeting at which the matter is referred to the Council under subsection (3).
1994-43-101.
588. (1) Without restricting section 587, the Council may, by by-law, direct or authorize a board, committee, officer or employee who issues permits for demolition to withhold approval in the following circumstances:
(a) in the case of protected heritage property, until a heritage alteration permit and any other necessary approvals have been issued with respect to alteration or redevelopment of the site;
(b) in the case of real property identified in the heritage register established under section 582, until a building permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site.
(2) The Council may establish restrictions, limits or conditions on a duty or power under subsection (1).
(3) Nothing in this section authorizes the withholding of any approvals other than permits for demolition of heritage property.
1994-43-101; 1997-25-212.
589. (1) The Council may order that real property is subject to temporary protection in accordance with section 591 if the Council considers that
(a) the property is or may be heritage property, or
(b) protection of the property may be necessary or desirable for the conservation of other property that is heritage property.
(2) An order under subsection (1)
(a) must specify the time period during which the temporary protection applies, which may not be longer than 120 days unless the owner of the property agrees to a longer time period, and
(b) must not be made more than once within a 2 year period.
(3) An order under subsection (1) may do one or more of the following:
(a) identify landscape features that are subject to the order;
(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;
(c) establish policies regarding the issuance of a heritage alteration permit in relation to the property.
1994-43-101.
589A. (1) For a period of 120 days beginning on the date of first reading of a by-law to adopt or amend an official development plan that designates a heritage conservation area, section 596B (1) [heritage conservation areas] applies to all properties in the area as if the by-law was already adopted.
(2) For a period of 60 days beginning on the date of first reading of a heritage designation by-law, section 593 (1) applies to the property to which it relates as if the heritage designation by-law was already adopted.
(3) If the owner of property to which subsection (2) applies agrees, the Council, by by-law, may extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection.
(4) If the issue of compensation for designation is submitted to arbitration under section 595 [compensation for heritage designation] before the heritage designation by-law is adopted, the period under subsection (2) of this section is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the Council.
(5) If the Council defeats or decides not to proceed with a by-law, the protection under this section ends.
2002-22-33.
590. (1) For the purposes of heritage conservation planning for an area identified in the by-law, the Council may, by by-law, declare a heritage control period with respect to the area.
(2) A by-law under subsection (1) must specify the length of the heritage control period, which may not be longer than one year from the date of adoption of the by-law.
(3) A by-law under subsection (1) may do one or more of the following:
(a) identify types of landscape features that are included in the protection under this section;
(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;
(c) establish policies regarding the issuance of a heritage alteration permit in relation to property within the area covered by the by-law.
(4) During a heritage control period under subsection (1), property within the area covered by the by-law is subject to temporary protection in accordance with section 591.
(5) A heritage control period under this section may be declared once only during any 10 year period for an area or portion of an area.
1994-43-101.
591. (1) While property is subject to temporary protection in accordance with this Division, except as authorized by a heritage alteration permit or as referred to in subsection (2), a person must not do any of the following to the property:
(a) alter the exterior of a building;
(b) make a structural change to a building;
(d) alter, move or take an action that would damage a fixture or feature identified in the authorizing resolution, order or by-law for the temporary protection;
(e) alter, excavate or build on the property.
(2) The prohibition under subsection (1) does not apply to alterations that are allowed by the authorizing resolution, by-law or order for the temporary protection to be made without a heritage alteration permit.
1994-43-101.
Division (4) — Continuing Protection
592. (1) The Council may, by by-law, enter into a heritage revitalization agreement under this section with the owner of heritage property.
(2) A heritage revitalization agreement may do one or more of the following:
(a) include provisions regarding the phasing and timing of the commencement and completion of actions required by the agreement;
(b) subject to subsection (2.1), vary or supplement provisions of
(i) a by-law under section 292,
(ii) a by-law under Part XXIV-A,
(ii.1) a by-law under Part XXIV-B,
(iii) a zoning by-law under Part XXVII,
(iv) a development permit under Part XXVII, or
(v) a by-law or heritage alteration permit under this Part;
(c) include such other terms and conditions as may be agreed upon by the Council and the owner.
(2.1) A heritage revitalization agreement must not vary the use or density of use authorized by the applicable zoning by-law to the extent that the use or density of use is required to be permitted under section 565.03 [zoning by-laws and small-scale multi-family housing].
(3) A heritage revitalization agreement prevails over a by-law or permit referred to in subsection (2) (b) to the extent of any conflict.
(4) A heritage revitalization agreement may only be amended by by-law with the consent of the owner.
(5) The Council must not require an owner to enter into or consent to the amendment of a heritage revitalization agreement as a condition of issuing any permit, licence or other authorization that may be required to enable the heritage property to be used or developed in accordance with the applicable by-law.
(6) The Council must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved by the minister if circumstances prescribed under subsection (7) apply.
(7) The minister may, by regulation, prescribe circumstances in which approval under subsection (6) is required.
(8) The Council must hold a public hearing on the matter before entering into or amending a heritage revitalization agreement if the agreement or amendment would
(a) permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property, or
(b) alter a zoning by-law in relation to residential rental tenure as defined in section 559,
and, for these purposes, Division (1.1) [Public Hearings and Procedures for Planning and Development] of Part XXVII [Planning and Development] applies.
(9) Within 30 days after entering into or amending a heritage revitalization agreement, the Council must
(a) file a notice in the land title office in accordance with section 601, and
(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 602.
(10) If a notice is filed under subsection (9) (a), the heritage revitalization agreement and any amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.
1994-43-101; B.C. Reg. 5/2010; 2018-26-18; 2023-45-42; 2023-46-13; 2024-12-25.
593. (1) Except as authorized by a heritage alteration permit or allowed under subsection (3) (f), a person must not do any of the following:
(a) alter the exterior of a building protected under this section;
(b) make a structural change to a building protected under this section;
(c) move a building protected under this section;
(d) alter, remove or take an action that would damage an interior feature or fixture that is identified under subsection (3) (c);
(e) alter, remove or take an action that would damage a landscape feature that is identified under subsection (3) (d);
(f) alter, excavate or build on land protected under this section.
(2) The Council may, by by-law, on terms and conditions as it considers appropriate, designate real property in whole or in part as protected under this section if the Council considers that
(a) the property has heritage value or heritage character, or
(b) designation of the property is necessary or desirable for the conservation of a protected heritage property.
(3) A heritage designation by-law may do one or more of the following:
(a) apply to a single property or to part of a property;
(b) apply to more than one property, including properties owned by different persons;
(c) apply to affixed interior building features or fixtures identified in the by-law;
(d) apply to landscape features identified in the by-law;
(e) establish policies or procedures regarding the provision of financial or other support for the conservation of the heritage property;
(f) specify types of alterations to the property that are allowed without a heritage alteration permit;
(g) establish policies regarding the issuance of heritage alteration permits in relation to property covered by the by-law.
1994-43-101.
594. (1) Before a heritage designation by-law is adopted, the Council must hold a public hearing on the proposed by-law for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed by-law.
(2) Section 559.03 [public hearing procedures] applies with respect to the public hearing and enactment of the heritage designation by-law.
(3) At least 10 days before the public hearing, a notice in the prescribed form must be given in accordance with section 599 to
(a) all persons who, according to the records of the land title office, have a registered interest in real property that would be designated, and
(b) all occupiers of real property that would be designated.
(5) The Council must have prepared a report regarding the property to be designated that includes information respecting the following matters:
(a) the heritage value or heritage character of the property;
(b) the compatibility of conservation with the community planning objectives in the area in which the property is located;
(c) the compatibility of conservation with lawful uses of the property and adjoining lands;
(d) the condition and economic viability of the property;
(e) the possible need for financial or other support to enable appropriate conservation.
(6) At least 10 days before the public hearing, the report under subsection (5) must be available for public inspection at the City Hall during its regular office hours.
(7) No heritage designation by-law is invalid for inadvertent and minor non-compliance with this section or Division (6), or for an error or omission in the report under subsection (5).
(8) Within 30 days after the Council adopts or defeats a heritage designation by-law or determines not to proceed with the by-law, the Council must give notice of this in the prescribed form to the owners entitled to notice under subsection (3) (a).
(9) Within 30 days after adopting a heritage designation by-law, the Council must give notice of this
(a) to the land title office in accordance with section 601, and
(b) to the minister responsible for the Heritage Conservation Act in accordance with section 602.
1994-43-101; 1999-38-67; 2008-42-140; 2021-16-24; 2024-12-26.
595. (1) If a designation by a heritage designation by-law causes, or will cause at the time of designation, a reduction in the market value of the designated property, the Council must compensate an owner of the designated property who makes an application under subsection (2), in an amount or in a form the Council and the owner agree on or, failing an agreement, in an amount or in a form determined by binding arbitration under subsection (4).
(2) The owner of a designated property may apply to the Council for compensation for the reduction in the market value of the designated property.
(3) An application under subsection (2)
(a) must be made, in order for the owner to be entitled to compensation under this section, no later than one year after the heritage designation by-law is adopted, and
(b) may be made before the heritage designation by-law is adopted.
(4) If the Council and an owner are unable to agree
(a) that the owner is entitled to compensation, or
(b) on the amount or form of compensation,
then either the Council or the owner may require the matter to be determined by binding arbitration under the Arbitration Act.
(5) An arbitration under this section must be by a single arbitrator unless the Council and the owner agree to the appointment of an arbitration panel.
(6) The arbitrator or arbitration panel, in determining whether the owner is entitled to compensation and the amount or form of compensation, must consider
(a) financial and other support available for conservation of the designated property, and
(b) any other benefits that are available because of the designation of the property.
(7) Compensation must not be paid, and an arbitration must not continue, if the Council defeats, or determines not to proceed with, the designation by-law.
(8) Nothing in this section authorizes the Council to give any financial or other benefit to an owner except that which is commensurate with reduction in the market value of the designated property as caused by that designation.
(9) This section does not apply with respect to property that, immediately before the adoption of the heritage designation by-law, is already designated under a heritage designation by-law or under section 9 of the Heritage Conservation Act.
1994-43-101; 1997-25-213; 2011-25-481.
595A. (1) In relation to extra density provided as compensation under section 595, the Council may establish a heritage density increase transfer system in accordance with this section.
(2) For the purposes of this section, a zoning by-law may provide that the density otherwise permitted for a site within the zone is increased if
(a) the extra density is transferred to the site from a designated heritage property in relation to which it was received as compensation, and
(b) the transfer to the particular site and the amount of density increase on that site are approved by the Development Permit Board established under section 565A (1) (d).
(3) A by-law referred to in subsection (2) must establish the maximum density increase that may be permitted by the Development Permit Board, subject to the limit that the maximum established must not be greater than 10% of the otherwise applicable density for the site to which the extra density is transferred.
(4) Before considering an application for approval of a density transfer under this section, the Development Permit Board must consider the views of persons who consider themselves affected by the proposed density increase for the site to which the extra density is to be transferred and, for these purposes, must publish a notice in accordance with section 3 stating
(a) the site to which the extra density is to be transferred and the designated heritage property to which it relates,
(b) the extent of density increase that is proposed for the site to which the extra density is to be transferred, and
(c) the manner in which persons affected by the proposed density increase for the site to which the extra density is to be transferred may make their views known to the Development Permit Board.
(5) Before a density transfer is permitted under this section, a covenant in favour of the city that the extra density will not be used on the designated heritage property must be registered under section 219 of the Land Title Act against the designated heritage property.
1995-29-7; 1997-25-214; 2010-6-137; 2024-11-40.
596. (1) The Council, by by-law, may establish minimum standards for the maintenance of real property that is
(a) designated as protected by a heritage designation by-law, or
(b) within a heritage conservation area.
(2) Different standards may be established under subsection (1) for different areas or for different types or classes of property.
1994-43-101; 2002-22-34.
596A. (1) Subject to this section, if an official development plan designates a heritage conservation area, section 596B (1) applies to that area.
(2) If an official development plan designates a heritage conservation area,
(a) the official development plan must
(i) describe the special features or characteristics that justify the designation, and
(ii) state the objectives of the designation, and
(b) either the official development plan or a zoning by-law must specify guidelines respecting the manner in which the objectives are to be achieved.
(3) If an official development plan designates a heritage conservation area, the official development plan may do one or more of the following:
(a) specify conditions under which section 596B (1) does not apply to property within the area, which conditions may be different for different properties or classes of properties;
(b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;
(c) for the purposes of section 596B (3), identify features or characteristics that contribute to the heritage value or heritage character of the area.
(4) At least 10 days before a public hearing required under section 559.02 [requirement for public hearing before adopting by-law], the Council must give notice in accordance with section 599 [giving notice to owners and occupiers] to each owner and each occupier of property that is to be listed in a schedule included under subsection (3) (b), unless the property
(a) was already listed in the schedule, or
(b) was previously designated by by-law under section 593.
(5) Within 30 days after the adoption of a by-law that lists a property in or deletes a property from a schedule included under subsection (3) (b) in an official development plan, the Council must
(a) file a notice in the land title office in accordance with section 601 [notice on land titles], and
(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 602 [notice to minister responsible for the Heritage Conservation Act].
2002-22-35; 2024-12-27.
596B. (1) If an official development plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued:
(a) subdivide land within the area;
(b) start the construction of a building or structure or an addition to an existing building or structure within the area;
(c) alter a building or structure or land within the area;
(d) alter a feature that is protected heritage property.
(2) Subsection (1) does not apply if conditions established under section 596A (3) (a) apply.
(3) If a heritage alteration permit is required by subsection (1), a delegate may only act in relation to such a permit if
(a) the property is protected heritage property, or
(b) the permit relates to a feature or characteristic identified under section 596A (3) (c).
2002-22-35.
Division (5) — Heritage Alteration Permits
597. (1) The Council or its delegate may issue a heritage alteration permit authorizing alterations or other actions if such authorization is required by
(a) this Act or by a by-law or order under this Act,
(b) a heritage revitalization agreement under section 592, or
(c) a covenant under section 219 of the Land Title Act.
(2) A heritage alteration permit may, in relation to protected heritage property or property within a heritage conservation area, vary or supplement provisions of
(a) a by-law under section 292,
(b) a by-law under Part XXIV-A,
(b.1) a by-law under Part XXIV-B,
(c) a zoning by-law under Part XXVII,
(d) a development permit under Part XXVII, or
(e) a by-law or heritage alteration permit under this Part.
(3) A permit issued under this section prevails over a by-law or permit referred to in subsection (2) to the extent of any conflict.
(3.1) The following restrictions apply to subsection (2):
(a) the use or density of use may not be varied;
(a.1) a zoning by-law in relation to residential rental tenure as defined in section 559 may not be altered;
(b) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under section 596A (2) (b) for the heritage conservation area.
(4) The Council or its delegate may refuse to issue a heritage alteration permit for an action that, in the opinion of the Council or delegate, would not be consistent with the purpose of the heritage protection of the property.
(5) If the refusal to issue a heritage alteration permit prevents the use of land that is allowed under the applicable zoning by-law or the development of land to the density that is allowed under the applicable zoning by-law in respect of that permitted use, the Council or delegate must inform the applicant of the requirements or conditions under which the use or density proposed by the applicant would be allowed.
1994-43-101; 1997-25-215; 2002-22-36; 2018-26-19; 2023-46-14.
598. (1) A heritage alteration permit may be made subject to such terms, requirements and conditions as the Council or its delegate considers consistent with the purpose of the heritage protection of the property.
(2) Without limiting the generality of subsection (1), a heritage alteration permit may include one or more of the following:
(a) conditions respecting the sequence and timing of construction;
(b) conditions respecting the character of the alteration or action to be authorized, including landscaping and the siting, form, exterior design and finish of buildings;
(c) if the permit is required by this Part or a by-law or order under this Part, a requirement that the applicant provide a specified amount of security, in a form satisfactory to the Council, to guarantee the performance of the terms, requirements and conditions of the permit.
(3) Interest earned on security under subsection (2) (c) becomes part of the amount of the security.
(4) If the Council considers that the holder of a heritage alteration permit has contravened or failed to comply with a term, requirement or condition of the permit, the Council may undertake and complete the works required to satisfy the term, requirement or condition, or to ameliorate the effects of the contravention or noncompliance, at the cost of the holder of the permit.
(5) The Council may recover the cost of the work undertaken under subsection (4) and the cost of incidental expenses incurred by the Council by applying the security under subsection (2) (c) in payment for the cost of the works and incidental expenses, with any excess to be returned to the holder of the permit.
(6) If there is no security deposit or the amount of security is insufficient, the Council may add the cost of works undertaken and incidental expenses, or the remaining costs, to the taxes payable to the Council with respect to the property for the year in which the work is performed.
(7) When a permit lapses or the actions it authorizes are completed, the Council must, subject to subsection (5), return any security provided under subsection (2) (c) to the person who provided it.
1994-43-101.
Division (6) — Notices under this Part
599. (1) If notice is required to be given to an owner or occupier under this Part, the notice must be given to the owner or occupier in accordance with this section.
(2) A notice to an owner is sufficiently given to the owner if
(a) it is served personally on the owner,
(b) it is sent by registered mail, or a method of delivery that provides proof of delivery, to the person's actual or last known address,
(c) in the circumstances described in subsection (4), it is published in accordance with that subsection, or
(d) it is given as authorized by regulation under section 603.
(3) A notice to an occupier is sufficiently given to the occupier if
(a) the notice is given individually to each occupier in accordance with subsection (2), or
(b) the notice is posted on or near the property in accordance with section 600.
(4) If a notice cannot be served personally on an owner or occupier and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the notice may be given in accordance with section 3.
(5) A notice given in accordance with subsection (2) (b) is deemed to be received on the earlier of
(a) the date the person to whom it is sent actually receives the notice, and
(b) the end of 10 days after the date on which the notice was sent.
1994-43-101; 2010-6-138.
600. (1) The Council may authorize a person to post one or more notices on or near
(a) protected heritage property, or
(b) real property subject to temporary heritage protection under section 583, 586, 589 or 590.
(2) Before or upon entering land to post a notice, the Council must make a reasonable effort to inform the owner or occupier of the land.
(3) Except as authorized by the Council, a person must not alter or remove a notice posted under the authority of this section.
1994-43-101.
601. (1) The Council must file a written notice in the land title office with respect to the following real property:
(a) property that is subject to a provision under section 396B (1);
(b) property designated by a heritage designation by-law;
(c) property that is subject to a heritage revitalization agreement;
(d) property listed in a schedule included under section 596A (3) (b) in an official development plan.
(2) On receipt of a notice under subsection (1), the registrar must make a note of the filing on the title of the affected land.
(3) If a provision, by-law or agreement referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the Council must notify the land title office.
(4) On receipt of a notice under subsection (3), the registrar must cancel the note made under subsection (2).
(5) Notification to the land title office under subsection (1) or (3) must be made in a form satisfactory to the registrar.
(6) The protection of property under this Act is not affected by
(a) an inadvertent and minor error or omission in a notice given by the Council to the registrar in relation to a note on a land title,
(b) an error or omission in a note on a land title, or
(c) a failure by the registrar to make a note on a land title.
(7) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making or cancelling of a note under this section,
(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.
(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees.
1994-43-101; 1997-25-216; 2002-22-37; 2004-66-168.
602. (1) The Council must notify the minister responsible for the Heritage Conservation Act with respect to the following real property:
(a) heritage property for which a tax exemption is provided under section 396A (2);
(b) heritage property identified in a heritage register under section 582;
(c) heritage property designated by a heritage designation by-law;
(d) heritage property that is subject to a heritage revitalization agreement;
(e) property listed in a schedule included under section 596A (3) (b) in an official development plan.
(2) If the provisions that require that notice must be given under subsection (1) no longer apply to any real property, the Council must notify the minister responsible for the Heritage Conservation Act.
(3) Notices to the minister under subsections (1) and (2) of this section or section 586 (2) must be made in a form satisfactory to that minister.
(4) The protection of property under this Act is not affected by an error or omission in a notice given under this section.
1994-43-101; 2002-22-38.
603. (1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice under this Part or under section 396A (5).
(2) Regulations under subsection (1) may be different for different types of notices and for different types of properties.
1994-43-101.
Division (7) — Remedies and Offences
604. (1) The Council may apply to the court for an order for compliance or restoration if a person does one or more of the following:
(a) does anything for which a heritage alteration permit is required under this Act without the authority of a heritage alteration permit;
(b) fails to comply with the requirements and conditions of a heritage alteration permit;
(c) fails to comply with a direction of the Ombudsperson under section 580 (4);
(d) fails to bring property up to the standards established under section 596.
(2) An order under subsection (1) may include one or more of the following:
(a) a requirement that, on terms and conditions the court specifies, the person restore the property to which the matter relates to its condition before the contravention;
(b) a requirement that the person undertake compensatory conservation work as the court considers appropriate on the property that was affected or on other property, or that conservation work be performed by others at the expense of that person;
(c) a requirement that the person comply with a direction under section 580 (4) or with the requirements and conditions of a heritage alteration permit;
(d) a requirement that the person carry out measures specified by the court to ameliorate the effects of the contravention or non-compliance;
(e) an authorization that the Council may, by its employees or others at the expense of the owner, perform work regarding a matter referred to in this subsection;
(f) any other requirement the court considers advisable.
(3) If an order is made under subsection (2) (e), the court may specify how and when the person will reimburse the Council for the cost of the work performed and the cost of incidental expenses accruing under the order.
(4) Without limiting the generality of subsection (3), the court may authorize the Council to add the cost of the work undertaken and the cost of incidental expenses under the order to the taxes payable to the Council with regard to the property for the year in which the work is performed.
(5) An order may be made under this section whether or not a person is charged with an offence under section 606 in relation to the matter.
1994-43-101; 2007-14-201; 2009-21-4.
605. (1) An officer or employee of the city may recommend to the Council that a notice be filed in the land title office if the officer or employee discovers in the course of duties that any of the following has occurred:
(a) something for which a heritage alteration permit is required under this Act has been done without the authority of a heritage alteration permit;
(b) a person has failed to comply with the requirements and conditions of a heritage alteration permit;
(c) the terms and conditions of a heritage revitalization agreement have been contravened;
(d) a covenant registered by the Council under section 219 of the Land Title Act in relation to heritage property has been contravened.
(2) Section 336D (2) to (9) applies for the purposes of this section as though the person making the recommendation under subsection (1) of this section were the City Building Inspector making a recommendation under section 336D (1).
(3) The authority under subsection (1) is in addition to any other action the person or the Council is authorized to take in relation to the matter.
1994-43-101; 1997-25-217; 2007-14-201.
606. (1) A person who does any of the following commits an offence:
(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required under this Act;
(b) fails to comply with the requirements and conditions of a heritage alteration permit;
(c) alters property in contravention of a heritage revitalization agreement.
(2) A person convicted of an offence under subsection (1) is liable,
(a) if the person is an individual, to a fine of not more than $50 000 or to imprisonment for a term of not more than 2 years, or to both, or
(b) if the person is a corporation, to a fine of not more than $1 000 000.
(3) If a corporation commits an offence under subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the penalty set out in subsection (2) (a) whether or not the corporation is convicted of the offence.
1994-43-101; 2007-14-201.
Part XXIX — Protection of Trees
607. (1) The Council may, by by-law applicable to all or part of the city, do one or more of the following:
(a) prohibit the cutting and removal of trees;
(b) regulate the cutting and removal of trees;
(c) prohibit the damaging of trees;
(d) regulate activities that may damage trees;
(e) require the replacement, in accordance with the by-law, of trees that have been cut, removed or damaged in contravention of a by-law under this subsection or a permit referred to in section 608 (1);
(f) require the maintenance of replacement trees required under paragraph (e) or by permit referred to in section 608 (1) and of significant trees identified under section 609;
(g) require specified amounts of cash deposits, letters of credit or other forms of security for the replacement trees under paragraph (e) and their maintenance under paragraph (f);
(h) specify circumstances in which assessments or inspections of trees or sites may be undertaken by the city;
(i) establish exemptions from the application of a by-law under this subsection.
(2) A by-law under this section may be different in relation to one or more of the following:
(a) different areas of the city;
(b) different species of trees;
(c) different classes of trees;
(e) different significant trees identified under section 609.
(3) Interest on security under subsection (1) (g) becomes part of the security.
(4) Security under subsection (1) (g) may be used for the purposes referred to in that subsection, but any amount not required for those purposes must be returned to the person who provided the security.
2003-52-516.
608. (1) Without limiting the generality of section 607 (1) (b), a by-law under that section may do one or more of the following:
(a) require permits to cut or remove trees;
(b) establish terms and conditions for the granting, refusal and use of these permits, which may include requirements for the replacement of trees that are cut or removed or that are damaged in the course of these actions;
(c) require applicants for these permits to provide plans identifying
(i) the trees proposed to be cut or removed,
(ii) the trees proposed to be retained, and
(iii) the trees proposed to be provided in replacement of the trees that are to be cut or removed;
(d) establish circumstances in which a permit under this section may be cancelled.
(2) A fee for a permit under subsection (1) must not include charges for an assessment or inspection required as a condition of the permit or authorized under section 607 (1) (h) or 612 (1).
2003-52-516.
609. (1) The Council may, by by-law, identify trees that the Council considers significant because of their importance to the community, including importance for heritage or landmark value or as wildlife habitat.
(2) The Council may provide for the placement of a plaque or other marker indicating a tree identified under subsection (1), subject to the requirement that permission for this be obtained from the owner of the real property on which the marker is placed.
2003-52-516.
610. (1) The Council may, by by-law, require the owner or occupier of real property to trim, remove or cut down a tree, hedge, bush or shrub on the property if the Council considers that it is
(a) a hazard to the safety of persons,
(b) likely to damage public property, or
(c) seriously inconveniencing the public.
(2) A by-law under section 607 (1) (a) or (b) does not apply to a tree that is subject to a by-law under this section.
2003-52-516.
611. (1) The Council may take action under this section if a person does not comply
(a) with a requirement of a by-law under section 607 (1) (e) or a permit referred to in section 608 (1) to provide replacement trees, or
(b) with a requirement of a by-law under section 610 to trim, remove or cut down trees, hedges, bushes or shrubs.
(2) In the circumstances described in subsection (1), the Council may serve the person with notice that the city will be entitled to take the required action at the expense of the person given the notice if the person does not take that required action,
(a) in the case of a requirement referred to in subsection (1) (a), within 30 days of service, or
(b) in the case of a requirement referred to in subsection (1) (b), within 5 days of service.
(3) The court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.
(4) If the person given notice does not take the required action within the time period referred to in subsection (2), the city, by its employees or others, may enter onto the real property and effect that action at the expense of the person given notice.
2003-52-516.
612. (1) In addition to the authority under section 607 (1) (h), the Council may direct that an assessment or inspection of specified trees or sites be undertaken by the city for the purposes of this Part.
(2) The city, by its employees or others, may enter onto real property and make an assessment or inspection authorized under subsection (1) or section 607 (1) (h) or required as a condition of a permit referred to in section 608 (1).
2003-52-516.
613. (1) If a by-law under section 607 would have the effect on a parcel of land of
(a) preventing all uses permitted under the applicable zoning by-law, or
(b) preventing the development to the density permitted under the applicable zoning by-law,
the by-law does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density.
(2) As an exception to subsection (1), a by-law that has an effect referred to in that subsection applies without limit to a parcel if the Council, by resolution, commits the city to
(a) pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or
(b) provide, by development permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density.
(3) For the purposes of subsection (2) (a), the compensation must be as determined and paid as soon as reasonably possible in an amount set
(a) by agreement between the owner and the city, or
(b) if no agreement is reached, by the court in accordance with the Expropriation Act.
(4) For the purposes of subsection (2) (b), the Council may issue a development permit on its own initiative without an application from the owner.
(5) Except as provided in subsection (2), no compensation is payable to any person for a reduction in the value of any interest in land that results from a by-law under this Part or the issuance or refusal of a permit under this Part.
(6) A by-law or permit under this Part does not apply to land and the trees on it if the land is land to which section 21 of the Private Managed Forest Land Act applies.
2003-52-516; 2003-80-62; 2004-61-37.
614. If the Council delegates powers, duties or functions under this Part, the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the Council reconsider the matter.
2003-52-516.
615. In this Part
"property status declaration" means a property status declaration required under section 618 (a) [permissive vacancy tax by-law powers];
"residential property", subject to any applicable regulations, means real property classified as class 1 property (residential) under the Assessment Act;
"status", in relation to a residential property, means whether the property is any of the following, as applicable:
(a) in a category of residential property that is exempt under section 617 (f) [required vacancy tax by-law provisions] from the vacancy tax;
"taxable property", in relation to a vacancy tax, means residential property that is all of the following:
(b) not exempt from taxation under section 373 [annual rating by-law];
(c) not in a category of residential property that is exempt under section 617 (f) from the vacancy tax;
"vacancy reference period" means a period of time specified by a vacancy tax by-law for the purpose of determining whether residential property was unoccupied during the period such that it is vacant property;
"vacancy tax" means a tax imposed on taxable property by a vacancy tax by-law;
"vacancy tax by-law" means a by-law under section 616 (1) [vacancy tax];
"vacant property" means residential property that is unoccupied during the vacancy reference period for at least the total length of time specified by a vacancy tax by-law and in the circumstances established in the vacancy tax by-law.
2016-27-1.
616. (1) The Council may, by by-law, impose an annual vacancy tax on a parcel of taxable property in accordance with this Part.
(2) A registered owner of taxable property must pay the vacancy tax imposed on that parcel of taxable property by a vacancy tax by-law.
(3) A vacancy tax, together with any applicable penalties and interest payable under section 618 (d) [permissive vacancy tax by-law powers], owed to the city is a debt due to the city and is a levy that
(a) is a charge or lien on the real property on or in respect of which the vacancy tax is imposed,
(b) has priority over any claim, lien, privilege or encumbrance of any person except the Crown, and
(c) does not require registration to preserve it.
(4) The city may use monies raised from a vacancy tax only for the purposes of initiatives respecting affordable housing and for the administration and collection of the vacancy tax.
2016-27-1.
617. A vacancy tax by-law must do the following:
(a) provide for a process for the administration and collection of a vacancy tax;
(b) establish circumstances in which residential property is to be considered unoccupied;
(c) specify a vacancy reference period and the total length of time that apply for the purpose of determining whether a residential property is vacant property;
(d) establish the basis on which the vacancy tax is imposed, which may be any basis in relation to taxable property;
(e) establish the rate or amount of the vacancy tax;
(f) establish exemptions from the vacancy tax;
(g) establish requirements respecting notice to a registered owner of a residential property that is subject to the vacancy tax;
(h) provide for a record of taxable properties and for a process to correct and update that record;
(i) provide for a process to hear and determine complaints respecting the imposition of a vacancy tax, including providing for a review process for determinations of complaints;
(j) provide for a process to refund to a registered owner any excess amount of vacancy tax paid by the registered owner and any amount of penalty and interest paid under section 618 (d) [permissive vacancy tax by-law powers] on the excess;
(k) provide for the preparation of an annual report respecting the vacancy tax, which report must include the amount of monies raised from the vacancy tax and how the monies were used;
(l) provide for making the annual report referred to in paragraph (k) available to the public.
2016-27-1.
618. A vacancy tax by-law may do any of the following:
(a) provide that a registered owner of a residential property must make a property status declaration;
(b) establish requirements and provide for a process respecting property status declarations;
(c) provide for requiring a registered owner of a residential property to provide information respecting the status of the property, including providing information to support a property status declaration and submitting evidence to verify the declaration;
(d) establish penalties and interest payable for failure to pay the vacancy tax and for failure to pay the vacancy tax by a specified date;
(e) authorize employees of the city or other persons to enter onto residential property in accordance with section 621 [entering onto residential property];
(f) provide that a vacancy tax is a levy lawfully inserted in the real-property tax roll and, if that provision is made, section 409 (2) and (3) [special charges that are to be collected as real-property taxes] applies.
2016-27-1.
619. The Council may, in a vacancy tax by-law,
(a) establish categories of residential property, registered owners and vacant property,
(b) make different provisions for different categories established under paragraph (a) in respect of the following:
(i) different vacancy reference periods and different total lengths of time that apply for the purpose of determining whether a residential property is vacant property;
(ii) different rates or amounts of vacancy tax;
(iv) different requirements respecting notices to a registered owner;
(v) different requirements respecting a property status declaration, including respecting any information or evidence required under section 620 [property status declarations];
(vi) different requirements respecting information that a registered owner must provide respecting the status of a residential property of the owner, and
(c) make different provisions for different times, conditions or circumstances.
2016-27-1.
620. (1) For the purposes of administering a vacancy tax, a vacancy tax by-law may do any of the following respecting property status declarations:
(a) provide for requiring a registered owner of a residential property to provide information respecting the property and the identity and address of the registered owner and the individual occupying the property, if any, which may include information respecting the status of the property and the nature of its occupancy during the vacancy reference period;
(b) require a registered owner of a residential property to submit evidence necessary to verify a property status declaration and the status of the property during the vacancy reference period;
(c) specify the type and form of information that a registered owner must provide or of the evidence that a registered owner must submit;
(d) provide for determining the information and evidence that is to be considered satisfactory to demonstrate the status of a residential property;
(e) establish fines and penalties that may be imposed on a registered owner who, in relation to a residential property,
(i) fails to make a property status declaration,
(ii) makes a false property status declaration,
(iii) fails to provide required information or to submit required evidence,
(iv) provides information or submits evidence that is not considered satisfactory, or
(v) provides false information or submits false evidence;
(f) provide that, if a registered owner does anything listed in paragraph (e) (i) to (v), the residential property is considered to be vacant property and is subject to the vacancy tax.
(2) For certainty, a vacancy tax by-law may require a registered owner to provide information or submit evidence whether or not the owner makes a property status declaration.
2016-27-1.
621. (1) The authority to enter onto a residential property may be exercised by an authorized employee of the city or other person authorized by the city only
(a) in relation to a residential property for which a property status declaration may be required under a vacancy tax by-law,
(b) for the purpose of determining the status of the property and whether the property is subject to the vacancy tax,
(c) at reasonable times and in a reasonable manner, and
(d) after reasonable steps are taken to advise the registered owner and the individual occupying the property, if any, before entering onto the property.
(2) An authorized employee of the city or other authorized person may enter into a residential property that is a private dwelling only if the individual occupying the property, if any, consents.
2016-27-1.
622. (1) For the purposes of this Part, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations for the purposes of the definition of "residential property" in section 615 [definitions for this Part]
(a) excluding real property that is expressly included as class 1 property (residential) under the Assessment Act, and
(b) including real property that is expressly excluded from class 1 property (residential) under the Assessment Act.
2016-27-1.
Part XXXI — Transitional and Interim Provisions
623. In this Part, "zoning by-law" has the same meaning as in section 559 [definitions for Part XXVII].
2023-45-43.
Division (2) — Small-Scale Multi-Family Housing
624. (1) Despite section 565.03 (2) [zoning by-laws and small-scale multi-family housing], if the Council applies under section 625 for an extension of time in relation to an area, the Council must adopt a zoning by-law that complies with section 565.03, in relation to the area, as follows:
(a) if the extension is granted, on or before the date set out in the notice of extension;
(b) if the extension is refused, within 90 days after the date set out in the notice of refusal.
(2) The Council must give to the minister written notice as soon as practicable after the Council has adopted the last zoning by-law necessary to comply with section 565.03, other than a zoning by-law necessary to comply with section 565.03 in relation to an area for which an extension of time is granted under section 625 to the Council.
(3) If an extension of time is granted under section 625 to the Council in relation to an area, the Council must give to the minister written notice as soon as practicable after the Council has adopted a zoning by-law that complies with section 565.03 in relation to the area.
2023-45-43.
625. (1) The Council may apply for an extension of time for the purposes of complying with section 565.03 [zoning by-laws and small-scale multi-family housing] in relation to an area that is subject to that section.
(2) An application under subsection (1) must contain the information required by the minister and must be submitted to the minister as follows:
(a) unless paragraph (b) applies, on or before June 1, 2024;
(b) in the case of extraordinary circumstances, on or after June 30, 2024.
(3) The minister may grant one or more extensions of time to the Council in relation to an area if the minister is satisfied that the Council is unable, by June 30, 2024, to comply with section 565.03 in relation to the area for any of the following reasons:
(a) the Council is in the process of upgrading infrastructure that services the area;
(b) the infrastructure that services the area is such that compliance by June 30, 2024 is likely to increase a risk to health, public safety or the environment in the area;
(c) there exist extraordinary circumstances that otherwise prevent compliance in relation to the area.
(4) The minister must give to the Council written notice of a refusal or an extension that includes, as applicable,
(a) in the case of a refusal, the date of the refusal, and
(b) in the case of an extension, the date, which may not be later than December 31, 2030, by which compliance with section 565.03 is required in relation to the area.
2023-45-43.
626. (1) This section applies in relation to the Council if the minister is satisfied that the Council has failed, within the time required under this Act, to adopt a zoning by-law that complies with section 565.03 [zoning by-laws and small-scale multi-family housing].
(2) The minister may give to the Council a notice that
(a) sets out the minister's objections to the Council's zoning by-law, and
(b) states that the Council must, within 30 days after receipt of the notice, alter the zoning by-law accordingly.
(3) If the Council does not alter the zoning by-law in accordance with the notice under subsection (2), the minister may, with the prior approval of the Lieutenant Governor in Council, make an order that enacts or amends a by-law referred to in section 565 [zoning by-law] to
(a) permit, in relation to an area, the use and minimum density of use required to be permitted under section 565.03, and
(b) establish the siting, height, bulk, location, size or type of housing units required to be permitted under section 565.03 in the area.
(4) In making an order under subsection (3), the minister may
(a) establish different classes of persons, property, circumstances, things and other matters,
(b) make different provisions, including exceptions, for different classes referred to in paragraph (a), and
(c) make different provisions, including exceptions, for different parts or different areas of the city or different persons, property, circumstances, things and other matters.
(5) On the date specified in an order made under subsection (3), the by-law enacted or amended under the order is conclusively deemed to be enacted or amended by the Council in accordance with the order.
(6) An order may not be made under subsection (3) after December 31, 2031.
(7) For the purposes of this section, the minister has the powers of the Council under section 565 (1) (b), (c) and (d) and (2).
2023-45-43.
627. Section 592 (2.1) [heritage revitalization agreements] does not apply to a heritage revitalization agreement, as defined in section 575 [definitions], entered into before the date this section comes into force.
2023-45-43.
Division (3) — Interim Report on Housing Needs
628. (1) In this section, "most recent housing needs report" means the housing needs report most recently received by the Council under section 574.4 (3) [when and how housing needs report must be received] or under section 574.4 (4), as that section read immediately before its repeal.
(2) Without limiting section 574.4 (3), the Council must, on or before the prescribed date, receive an interim report on housing needs.
(3) The requirement in subsection (2) is satisfied if, on or before the prescribed date, the Council receives one of the following:
(a) a new housing needs report;
(b) the Council's most recent housing needs report amended to the extent necessary to do the following:
(i) reflect the total number of housing units, calculated in accordance with an applicable method set out in the regulations, required to meet the anticipated housing needs of the local government for the next 5 years and for the next 20 years;
(ii) include a description of the actions taken by the Council, since receiving the most recent housing needs report, to reduce housing needs in the city;
(iii) include a statement about the need for housing in close proximity to transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation.
(4) An interim report on housing needs under subsection (2) is a housing needs report received under section 574.4 for the purposes of section 561 (3.1) [development plans].
(5) As soon as practicable after the Council receives an interim report on housing needs under subsection (2), the Council must publish the report on an internet site that is publicly and freely accessible.
(6) Despite section 565.08 (2) [zoning by-laws and housing needs reports], the Council must review and, if necessary, adopt a zoning by-law as contemplated by that section by December 31 of the year in which the Council receives an interim report on housing needs under subsection (2) of this section.
(7) The Lieutenant Governor in Council may make regulations prescribing a date for the purposes of subsection (2).
2023-45-46.
Division (4) — Transit-Oriented Areas
629. In this Division:
"first reading", in relation to a proposed by-law, means the date on which the proposed by-law is first read by Council for the purposes of potential adoption;
"official development plan" has the same meaning as in section 559 [definitions for Part XXVII].
2023-48-22.
630. (1) On the recommendation of the minister, the Lieutenant Governor in Council may make regulations designating a transit-oriented area in respect of the city.
(2) A designation under subsection (1) must be made by incorporating in the regulation a map or plan.
(3) As soon as practicable after a designation is made under subsection (1), written notice of the designation must be given to the Council.
(4) If, in the manner contemplated by section 574.63 [Council designation of transit-oriented area], the Council designates as a transit-oriented area an area that includes the same area designated under subsection (1) of this section, for the purposes of this Act,
(a) the designation under subsection (1) ceases to have effect in relation to the area of overlap, and
(b) the designation of the Council prevails over the designation under subsection (1) to the extent of any inconsistency.
(5) A regulation may not be made under subsection (1) on or after June 30, 2024.
2023-48-22.
631. (1) Section 561 (3.2) [development plans] does not apply in relation to either of the following:
(a) a proposed by-law to adopt an official development plan that, on the date this section comes into force, has been given first reading;
(b) a proposed development plan that has been read by Council for the first time.
(2) Section 565 (4) [zoning by-law] does not apply in relation to a proposed zoning by-law that, on the date this section comes into force, has been given first reading.
2023-48-22.
632. Section 565.001 [restrictions on zoning authority in relation to transit-oriented areas] does not apply in relation to an application for an amendment to a zoning by-law if, on the date this section comes into force, the proposed by-law that would amend the zoning by-law has been given first reading.
2023-48-22.
633. (1) If, on the date this section comes into force, a by-law of the Council requires an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building, other than off-street parking spaces for use by disabled persons, the Council must, by the prescribed date, adopt a by-law that complies with the restriction in section 306.01 (1) [off-street parking in transit-oriented areas].
(2) Section 306.01 does not apply in relation to an application for an amendment to a zoning by-law if, on the date this section comes into force, the proposed by-law that would amend the zoning by-law has been given first reading.
(3) The Lieutenant Governor in Council may make regulations prescribing a date for the purposes of subsection (1).
2023-48-22.
Division (5) — Density Benefits
634 (1) In this section, "density benefits zoning by-law" has the same meaning as in section 564B [definitions for Division (3) of Part XXVII].
(2) The Council must, on or before the prescribed date, amend its density benefits zoning by-law in accordance with the following provisions:
(a) section 565.1 (1.1) [density in transit-oriented area];
(b) section 565.1 (2.2) and (2.3) [mandatory conditions for affordable and special needs housing units];
(c) section 565.1 (2.4) [permit payment of money instead of meeting conditions] if the amended zoning by-law permits payments described in that provision;
(d) section 565.11 (1) [consultation on density benefits zoning by-law];
(e) section 565.12 [analysis and considerations for density benefits zoning by-law].
(3) If the Council has a proposed density benefits zoning by-law that, on the date this section comes into force, has been given first reading and the proposed zoning by-law is subsequently adopted, the Council must, on or before the prescribed date, amend that zoning by-law in accordance with the provisions referred to in subsection (2) (a) to (e).
(4) Section 565.16 [annual report respecting density benefits zoning by-law] does not apply before the prescribed date.
(5) The Council is not required to have a financial feasibility analysis undertaken under section 565.12 (1) (a) [analysis and considerations for density benefits zoning by-law] if
(a) on the date this section comes into force, the Council has had, or is having, an analysis undertaken that is equivalent to a financial feasibility analysis, and
(b) the analysis that is undertaken meets the requirements of section 565.12 (2) in relation to the density benefits zoning by-law that the Council is adopting or amending.
(6) For the purposes of this section, the Lieutenant Governor in Council may, by regulation, prescribe a date that is on or after June 30, 2025.
2024-11-41.
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