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This Act is current to November 26, 2024 | |||
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
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.
Contents | Preamble | Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part X | Part XI | Part XII | Part XIII | Part XIV | Part XV | Part XVI | Part XVII | Part XVIII | Part XIX | Part XX | Part XXI | Part XXII | Part XXIII | Part XXIV | Part XXIV-A | Part XXIV-B | Part XXV | Part XXVI | Part XXVII | Part XXVIII | Part XXIX | Part XXX | Part XXXI
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