Short title

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

1953-55-1.

Interpretation

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

"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

(b) a peace officer;

"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.

Application of specified local government enactments

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

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

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

(c) Part 13 [Regional Growth Strategies];

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

(e) section 582 [provincial policy guidelines];

(f) [Repealed 2020-1-8.]

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

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

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

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

(a) 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.

Variation authority

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.

Requirements for public notice

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.

Default publication requirements

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.

Bylaw to provide for alternative means of publication

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.

Deputies may be appointed

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

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

1992-57-2.

Procedure if no deputy

5.   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.

City of Vancouver — corporation and boundaries

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

Boundaries of the city

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

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