This archived statute consolidation is current to October 31, 1997 and includes changes enacted and in force by that date. For the most current information, click here.

MUNICIPAL ACT

[RSBC 1996] CHAPTER 323

[Updated to October 31, 1997]

Contents

Section

Part 1 — Introductory Provisions

 

1

Definitions

 

2

Words applying to officer by name of office

 

3

Time

 

4

Publication of notices

 

5

Resolving doubts: Municipal Act and another Act

 

6

Power to make regulations

Part 2 — Incorporation of Municipalities

 

7

Incorporation of a new municipality

 

8

Vote required for the incorporation of a new municipality

 

9

Procedure and costs for vote on incorporation

 

10

Incorporation of municipality in conjunction with resource development

 

11

Incorporation of a mountain resort municipality

 

11.1

Incorporation of island municipality in Islands Trust area

 

12

Incorporation of reserve residents as village

 

13

What must and may be included in letters patent

 

14

Exceptions for industrial plants

 

15

Publication of letters patent

 

16

Corporate name

 

17

Classification of municipalities

 

18

Change of municipal class

 

19

Size of council

 

20

Extension of boundaries

 

21

Redefinition of boundaries

 

22

Collection of taxes

 

23

Transfer of Provincial tax money if rural land included in municipality

 

24

Bylaws extend to additional area

 

25

Phased farm property tax exemption

 

26

Reduction of municipal area

 

27

Redefinition of adjoining municipalities

 

28

Conditions on extension or reduction

 

29

Disincorporation of a municipality

 

30

Dissolution of improvement district

 

31

Rights and liabilities not affected by surrender or revocation of letters patent

 

32

Existing licences preserved

Part 3 — Electors and Elections

Division 1 — Interpretation

 

33

Definitions

 

34

Time not extended for voting days

 

35

This Act prevails in relation to use of information

Division 2 — Arrangements for Elections

 

36

General local elections every 3 years

 

37

By-elections

 

38

Minister's order for election to be conducted

 

39

Election bylaws

 

40

Costs of elections

 

41

Appointment of election officials

 

42

Chief election officer duties and powers

 

43

Presiding election official duties and powers

Division 3 — Election Proceedings Generally

 

44

Public notices

 

45

Solemn declarations

 

46

Keeping order at election proceedings

 

47

Adjournment of election proceedings

 

48

Exceptional assistance in election proceedings

Division 4 — Electors

 

49

Who may vote at an election

 

50

Resident electors

 

51

Non-resident property electors

 

52

Rules for determining residence

 

53

When a person may register as an elector

 

54

Voting day registration only

 

55

Application for registration

 

56

How to register in advance

 

57

How to register at the time of voting

 

58

Non-resident property elector certificate

 

59

Automatic registration by inclusion on Provincial list of voters

 

60

Effect of registration

 

61

Register of electors

 

62

List of registered electors

 

63

Protection of privacy

 

64

Objection to registration of an elector

 

65

Resolving objections

Division 5 — Qualifications for Office

 

66

Who may hold elected office as a member of a local government

 

67

Disqualification of local government employees

 

68

Only one elected office at a time in the same local government

Division 6 — Nominations and Declaration of Election

 

69

Nomination period

 

70

Notice of nomination

 

71

Who may make nominations

 

72

Nomination documents

 

73

Nomination by delivery of nomination documents

 

74

Declaration of candidates

 

75

Challenge of nomination

 

76

Declaration of election by voting or acclamation

 

77

Notice of election by voting

 

78

Appointment if an insufficient number of candidates are elected

Division 7 — Candidates and Representatives

 

79

Ballot showing candidate endorsement by elector organization

 

80

Withdrawal, death or incapacity of candidate

 

81

Appointment of candidate representatives

 

82

Presence of candidate representatives at election proceedings

Division 8 — Campaign Financing

 

83

Definitions

 

84

Election campaign

 

85

Appointment of financial agent

 

86

Restrictions on accepting contributions and incurring expenses

 

87

Restrictions on making campaign contributions

 

88

Recording of campaign contributions and election expenses

 

89

Valuation of campaign contributions and election expenses

 

90

Duty to file disclosure statements

 

91

Failure to file disclosure statement for candidate

 

92

Failure to file disclosure statement for elector organization

 

93

Disclosure statements to be available for public inspection

Division 9 — Voting Opportunities

 

94

Voting opportunities for electors

 

95

Required general voting opportunities

 

96

Additional general voting opportunities

 

97

Required advance voting opportunities

 

98

Additional advance voting opportunities

 

99

Special voting opportunities

 

100

Mail ballot voting

Division 10 — Arrangements for Voting

 

101

Voting places

 

102

Use of voting machines

 

103

Municipal voting divisions

 

104

Form of ballots

 

105

What must and must not be included on a ballot

 

106

Order of names on ballot

 

107

Order of names on ballot determined by lot

 

108

Ballot boxes

Division 11 — Conduct of Voting Proceedings

 

109

Persons who must be present at voting places

 

110

Persons who may be present at voting places

 

111

Sealing of ballot boxes containing ballots

 

112

Time for voting extended

Division 12 — Voting

 

113

Voting to be by secret ballot

 

114

Each elector may vote only once

 

115

Requirements before elector may be given a ballot to vote

 

116

Challenge of elector

 

117

If another person has already voted under an elector's name

 

118

Replacement of spoiled ballot

 

119

How to vote by ballot

 

120

One person to a voting compartment

 

121

Persons needing assistance to mark their ballots

 

122

Persons unable to enter a voting place

Division 13 — Counting of the Vote

 

123

When and where counting is to be done

 

124

Who may be present at counting

 

125

Who does the counting

 

126

Opening of ballot boxes

 

127

Combination of ballots for counting

 

128

Procedures for counting

 

129

Rules for accepting votes and rejecting ballots

 

130

Objections to the acceptance of a vote or the rejection of a ballot

 

131

Ballot account

 

132

Packaging of ballots

 

133

Delivery of election materials to chief election officer

 

134

Preliminary election results

 

135

Determination of official election results

 

136

Declaration of official election results

 

137

When elected candidates may take office

Division 14 — Judicial Recount

 

138

Application for judicial recount

 

139

Judicial recount procedure

 

140

Results of judicial recount and orders as to costs

 

141

Determination of results by lot if tie vote after judicial recount

 

142

Runoff election if tie vote after a judicial recount

Division 15 — Declaration of Invalid Election

 

143

Application to court

 

144

Hearing of the application

 

145

Power of the court on an application

 

146

Costs of an application

 

147

Status of an elected candidate

Division 16 — Final Proceedings

 

148

Report of election results

 

149

Publication of election results

 

150

Retention and destruction of election materials

Division 17 — Election Offences

 

151

Vote buying

 

152

Intimidation

 

153

Other election offences

 

154

Penalties

Division 18 — General

 

155

Powers of minister in relation to elections

 

156

Regulations

Part 4 — Other Voting

Division 1 — Interpretation

 

157

Definitions

 

158

Other voting to be conducted in same manner as an election

Division 2 — Assent of the Electors

 

159

How assent is obtained

 

160

Each bylaw to be voted on must be for a distinct purpose

Division 3 — Other Voting Proceedings

 

161

Who may vote at other voting

 

162

General voting day for other voting

 

163

Arrangements for other voting

 

164

Notice of other voting

 

165

Ballots for other voting

 

166

When counting for other voting is to be done

 

167

Special procedures if voting is conducted by more than one jurisdiction

 

168

Other general matters

Division 4 — Scrutineers

 

169

Scrutineers for other voting

 

170

Notice of applications to volunteer as a scrutineer

 

171

Applications to volunteer to act as scrutineer for other voting

 

172

Appointment of scrutineers for other voting

Part 5 — Government and Procedure

Division 1 — Municipal Corporation

 

173

Corporate powers of municipality to be exercised by council

 

174

Jurisdiction of council limited to municipal area

 

175

Authority of council

 

176

Corporate seal

Division 2 — Council Members

 

177

Size and quorum of council

 

178

Municipal elections: at large unless on a neighbourhood constituency basis

 

179

Term of office for council members

 

180

Oath of office

 

181

Disqualification from office for failure to make oath or attend meetings

 

182

Resignation from office

 

183

Application to court to declare council member disqualified

 

184

Resolution declaring council member disqualified

 

185

Council member remuneration and expenses

 

186

Reporting of remuneration and expenses

 

187

Council members' benefits

Division 3 — Mayor

 

188

Powers and duties of mayor

 

189

Mayor may return bylaw for reconsideration by council

 

190

Acting mayor

Division 4 — Council Meetings

 

191

Time of council meetings

 

192

Place of council meetings

 

193

Notice of special meeting

 

194

Council members may request special meeting

 

195

Attendance of public at meeting

 

196

Expulsion from meeting for improper conduct

 

197

Mayor to preside at council meetings

 

198

Points of order

 

199

Appeal from decision of mayor

 

200

Voting at council meetings

 

201

Council member declaration if not entitled to vote

Division 5 — Council Proceedings

 

202

Exercise of powers by bylaw or resolution

 

203

General rule that matters be decided by majority of members present

 

204

Requirement for two-thirds majority

 

205

Procedure bylaw

 

206

Minutes of council proceedings

 

207

Minutes of committees and other municipal bodies

 

208

Appointment of select committee

 

209

Establishment of standing committees

 

210

Delegation of executive or administrative powers to standing committee

 

211

Witnesses at council or committee

 

212

Petitions to council

 

212.1

Counter petition process

Division 6 — Governance and Corporate Powers

 

213

Persons may be honoured with freedom of the city

 

214

Municipal holidays

 

215

Referendums to obtain electors' opinion

 

216

Incorporation of companies

 

217

Additional housing contract authority

 

218

Joint exercise of powers with other municipalities

 

219

Incidental powers

 

220

Further powers in relation to municipal assets

 

221

Further powers for public good

 

222

Emergency powers

 

223

Additional powers and exceptions may be granted to municipalities

 

224

Restriction on granting privileges

 

225

Prohibition against aid to a business

 

226

Computer and other data becomes municipal property

 

227

Government loans for works and services

 

228

Agreement for services to Indian reserve lands

 

229

Intermunicipal questions

Division 7 — Grants and Other Expenditure Powers

 

230

Grants in aid

 

231

Terms for certain grants in aid

 

232

Grants to other municipality for services

 

233

Business improvement areas

 

234

Mountain resort business improvement areas

 

235

Payment for benefits and expenses relating to municipal activity

 

236

Indemnification against proceedings

 

237

Special expenditures

 

238

General heritage conservation authority

Division 8 — Municipal Clerk, Municipal Treasurer and Municipal Manager

 

239

Municipal clerk

 

240

Municipal treasurer

 

241

Municipal manager

 

242

Replacement of municipal manager

 

243

Duties of municipal manager

 

244

[Repealed]

Division 9 — Municipal Officers and Employees Generally

 

245

Appointment of officers and employees generally

 

245.1

Terms and conditions of employment

 

246

Employers' organization

 

247

Termination of officer

 

248

[Repealed]

 

249

Oath of office

 

250

Oath of allegiance

 

251

Employee and officer benefits and expenses

 

252

Bonding of employees

Division 10 — Certification of Administrative Officers

 

253

Application of Division

 

254

Board of examiners

 

255

Powers of board

 

256

Board may make regulations

Part 6 — Bylaws

Division 1 — General

 

257

Requirements for passing bylaws

 

258

Bylaw required to establish procedures

 

259

When a bylaw comes into force

 

259.1

Exercise of powers through municipal code

 

259.2

Evidence of bylaw

Division 2 — Challenge of Bylaws

 

260

Extended definition of "bylaw"

 

261

Validity of council proceedings

 

262

Application to court to set aside bylaw

 

263

Assessment or rate stands unless bylaw set aside

 

264

Declaratory orders

 

265

Right of action on illegal bylaw

Division 3 — Enforcement of Bylaws

 

266

Fines and penalties

 

267

Bylaw contraventions — offences and penalties

 

268

Inspections to determine whether bylaws are being followed

 

269

Municipal action at defaulter's expense

 

270

Application of taxes and fines collected under bylaws

Division 4 — Ticketing for Bylaw Offences

 

271

Definition of person who is a "justice"

 

272

Ticket offences

 

273

Laying information and serving ticket

 

274

Choice of paying fine or disputing ticket

 

275

Effect of paying fine

 

276

Hearing of dispute

 

277

Failure to appear at hearing

 

278

Failure to respond to ticket

 

279

Time extensions if person not at fault in failing to respond or appear

 

280

Regulations in relation to ticket offences

Division 5 — Consolidation and Revision of Bylaws

 

280.1

Consolidation of bylaws

 

280.2

Revision of bylaws

 

280.3

Revision may consolidate existing bylaws into municipal code

 

280.4

Bylaw required to adopt revision

 

280.5

Effect of revised bylaws

 

280.6

Correction of revision errors

Part 7 — Legal Proceedings

Division 1 — Proceedings by Municipality

 

281

Actions by municipality

 

282

Municipality may restrain breach of Act or bylaw

 

283

Recovery of utility rates by legal remedy of distress

 

284

Scale of costs on distress

Division 2 — Proceedings against Municipality

 

285

Limitation period for actions against municipality

 

286

Immunity unless notice given to municipality after damage

 

287

Immunity for individual municipal public officers

 

288

Immunity against certain nuisance actions

 

289

Immunity in relation to failure to enforce building bylaws

 

290

Limitation on municipal liability regarding building plan approval

 

291

Proceedings against municipality in relation to actions of others

 

292

[Repealed]

Division 3 — Enforcement of Orders against Municipality

 

293

Writ of execution against municipality

 

294

Copy of writ to be left with municipal clerk

 

295

Tax to be levied if amount not paid

 

296

Payment of amount levied

 

297

Officers of municipality as officers of court

 

298

Certain municipal property exempt from seizure

Division 4 — Miscellaneous

 

299

Municipalities may join in litigation

 

300

Self insurance by local governments

 

301

Appeal from decision of registrar of land titles

Part 8 — Acquisition and Disposal of Property

Division 1 — Acquisition of Property

 

302

Acquisition of real property

 

303

Acquisition of property for development

 

304

Power to expropriate water diversion licences and related works

 

305

Conservation of heritage property

 

306

Power to accept property

Division 2 — Reservation and Dedication of Property

 

307

Power to reserve municipal land for public purpose

 

308

Power to dedicate municipal land for public purpose

 

309

Power to cancel the dedication of a highway

 

310

Effect of reservation and dedication

Division 3 — Municipal Forest Reserves

 

311

Establishment of municipal forest reserve

 

312

Sale or lease of municipal forest reserve

 

313

Management of municipal forest reserve

Division 4 — Disposal of Property

 

314

Power to sell municipal property

 

315

Use of money from sale of property

 

316

Power to lease municipal property

 

317

Sale or lease for non-profit uses

 

318

Notice of proposed sale or lease

 

319

Exception for certain sales and leases

 

320

Exception for easements and rights of way

 

321

Prohibitions against options to purchase municipal property

 

322

Power to convey land to school board

 

323

Referendums regarding restrictive covenants on municipal property

Division 5 — Compensation for Property Expropriated or Injured

 

324

Compensation for property taken or damaged

 

325

Entry on land to mitigate damage that may be caused by municipality

 

326

Funding for expropriation and mitigation

Part 9 — Annual Budget and Tax Rates

Division 1 — Annual Budget

 

327

Provisional budget

 

328

Annual budget

 

329

Capital expenditure program

Division 2 — Annual Tax Rates

 

330

Definitions

 

331

Annual rates bylaw

 

332

Variable property tax rate system

 

333

Limits on variable tax rate system

 

334

Basis of tax levy

 

335

Minimum amount of tax

 

336

Assessment averaging and phasing bylaws

 

337

Limits on averaging and phasing bylaws

 

338

Date on which tax imposed

Part 10 — Assessment and Taxation

Division 1 — Exemptions

 

339

General exemptions from taxation

 

340

Qualifications and exceptions to the general exemptions

 

341

Exemptions by council

 

342

Exemptions for heritage properties

 

343

Repayment requirement in relation to heritage exemptions

 

343.1

Exemptions for riparian property

 

343.2

Repayment requirement in relation to riparian exemptions

 

344

Qualifications to the exemptions under sections 341, 342 or 343.1

 

345

Exemptions for industrial or business property

 

346

Exemptions for community airports

Division 2 — Golf Course and Cemetery Valuation Agreements

 

347

Definitions

 

348

Agreements for valuation of golf course or cemetery land

 

349

Covenants required for valuation agreements

 

350

Further liability for 10 years after end of valuation agreement

 

351

Operational details of valuation agreements

Division 3 — Special Cases

 

352

Forest land

 

353

Utility and other companies

 

354

Utility taxation details

Division 4 — Tax Liability of Occupiers of Land

 

355

Definition of "occupier"

 

356

Taxation of Crown land used by others

 

357

Taxation of municipal land used by others

 

358

Taxation of occupier of exempt land

Division 5 — Assessment Rolls

 

359

Chargeholders must be named on tax roll and given tax notices

 

360

Grouping of parcels

 

361

Roll open for inspection

 

362

Local court of revision

 

363

Appeal to Supreme Court from local court of revision

 

364

Validity of assessment roll

Part 11 — Taxes and Their Collection

Division 1 — Preparation of Property Tax Roll

 

365

Collector of taxes

 

366

Collector to prepare property tax roll

 

367

Information required on property tax roll

 

368

Apportionment on late subdivision

Division 2 — Unpaid Taxes

 

369

Taxes in arrear

 

370

Delinquent taxes

 

371

Apportionment of unpaid taxes on subdivision

 

372

Treatment of taxes if subdivision plan cancelled

Division 3 — Municipal Collection of School and Other Taxes

 

373

Municipal collection of school taxes

 

374

Council to pay school taxes

 

375

School taxes in arrear

 

376

Municipal collection of improvement district taxes

 

377

Payments to improvement districts

Division 4 — Tax Notices

 

378

Collector to mail tax notices

 

379

Statements of taxes in arrear or delinquent

 

380

Collector to mail copies of tax notice to persons who have requested it

 

381

Statement of taxes outstanding

Division 5 — Adjustments to Taxes

 

382

Adjustments required if assessments are set aside or varied

 

383

Taxation on receipt of supplementary roll

 

384

Interest on overpayment of taxes

 

385

Special charges that are to be collected as taxes

 

386

Appeal to Supreme Court against special charge

 

387

Charge for irrigation water rights

 

388

Power to abate or extend period of payment for soldier

Division 6 — Payment of Taxes

 

389

Payment in advance

 

390

Payment on account

 

391

Collection of taxes by instalment

 

392

Application of tax payments

 

393

Payment to municipal treasurer

 

394

Percentage additions to unpaid taxes

 

395

Taxes to be included in general revenue

Division 7 — Recovery of Taxes

 

396

Taxes are a special charge on the land

 

397

Liability of assessed owner and recovery by court action

 

398

Recovery of taxes by the legal remedy known as "distress"

 

399

Power to accept real property in place of taxes

 

400

Notice of delinquent taxes on Crown land

 

401

Recovery of taxes on Crown land subject to an agreement for sale

 

402

Recovery of taxes on Crown land held under lease or licence

Division 8 — Annual Tax Sale

 

403

Annual tax sale

 

404

Exemption of Crown land from tax sale

 

405

Notice of tax sale

 

406

Municipality may bid at tax sale

 

407

Upset price and conduct of tax sale

 

408

Purchaser to give authority to register tax sale title

 

409

Collector to provide certificate of sale

 

410

Tax sale of Crown land subject to an agreement to purchase

 

411

Provincial government may accept tax sale purchaser

 

412

Resale of land purchased by municipality at tax sale

 

413

Notice of tax sale must be filed in land title office

 

414

Owners must be given notice of tax sale and redemption period

 

415

Assessment and taxes during redemption period

 

416

Application of surplus from tax sale

 

417

Redemption by owner

 

418

Redemption payments by installments

 

419

Notice of redemption must be filed in land title office

 

420

Registration of purchaser

 

421

Effect of tax sale on rights of owner

 

422

Action by owner to have tax sale set aside

 

423

Reinstatement of taxes if sale set aside

 

424

Restrictions on legal actions in relation to tax sale

 

425

Repossessed tax sale land

 

426

Procedure on default of purchaser under agreement

 

427

Redemption by municipality of land sold for Provincial taxes

 

428

Power to agree with other taxing authority

Division 9 — Frontage Taxes

 

429

Definitions

 

430

Frontage tax bylaw

 

431

Parcel tax may be imposed as alternative to frontage tax

 

432

Frontage tax assessment roll

 

433

Consideration of assessment roll by local court of revision

 

434

Notice to owner of proposed revision to create or increase frontage tax liability

 

435

Alterations in assessment roll

 

436

Assessment roll valid and binding

 

437

Frontage tax must be shown on property tax roll

 

438

Apportionment of tax for subdivided land

 

439

Advances for tax proceeds

 

440

Municipal treasurer to maintain accounts for frontage taxes

Division 10 — Business Tax

 

441

Definitions

 

442

Business tax

 

443

Business tax roll and assessment

 

444

Liability for business tax

 

445

Council may require notice of change in business occupancy

 

446

Business tax on utility companies

 

447

Alternative tax on operators of licensed liquor establishments

Part 12 — Debts and Securities

Division 1 — Restrictions on Incurring Liabilities

 

448

Limits on incurring financial liability

 

449

Limits on municipal borrowing

 

450

General restrictions on borrowing

Division 2 — Authority to Incur Liabilities

 

451

Contracts for general operations of municipality

 

452

Contracts to acquire property

 

453

Revenue anticipation borrowing

 

454

Short term capital borrowing

 

455

Loan authorization bylaws

 

456

Loan authorization bylaw approval by inspector

 

457

Appeal from inspector's decision under section 456

 

458

Requirement for assent of the electors

 

458.1

Borrowing to cover judgments and awards in legal proceedings

 

459

Comprehensive loan authorization bylaw

 

460

Temporary borrowing under loan authorization bylaw

Division 3 — Authority to Issue Securities

 

461

Security issuing bylaws

 

462

Security issuing bylaw approval by inspector

 

463

Appeal from inspector's decision under section 462

 

464

Form of debentures that may be authorized

 

465

Regional district financing of municipal undertaking

Division 4 — Municipal Debentures

 

466

Sealing and signing debentures

 

467

Debenture payable to bearer

 

468

Registration of debenture

 

469

Legal proceedings on debentures

 

470

When debenture binds municipality

 

471

Currency and place of payment

 

472

Disposition of debentures

 

473

Replacement of lost debentures

 

474

Cancellation and destruction of debentures

 

475

Refinancing of debenture debt

 

476

Temporary investment of debenture proceeds

Division 5 — Use of Borrowed Money

 

477

Purposes for which money may be used

 

478

Liability for use of money contrary to this Part

 

479

Disqualification of council member for use of money contrary to this Part

Part 13 — Special Funds

Division 1 — Sinking Funds

 

480

Municipal treasurer must keep accounts

 

481

Council may advance or borrow for sinking fund

 

482

Savings institution account for sinking fund money

 

483

Investment of sinking fund money

 

484

Investment in debentures of municipality or GVWD

 

485

Pledging sinking fund securities for municipal borrowing

 

486

Administration of sinking funds by Minister of Finance and Corporate Relations

 

487

Directions from minister as to use of sinking fund

 

488

Reduction of sinking fund rates or levy

 

489

Surplus in sinking fund

 

490

Deficiency in sinking fund

 

491

Inspector may require report on sinking fund

 

492

Transfer of administration to Minister of Finance and Corporate Relations

Division 2 — Debt Retirement Funds

 

493

Municipal treasurer must keep accounts

 

494

Debt retirement funds advance

 

495

Investment of debt retirement fund

Division 3 — Reserve Funds

 

496

Capital works reserve funds

 

497

Reserve funds for municipal enterprises

 

498

Reserve fund from tax sale money

 

499

Special reserve fund

Division 4 — Local Improvement Fund

 

500

Local improvement fund

Division 5 — General

 

501

Transfer between funds

 

502

Use of money if original purpose has failed

 

503

Investment of funds

 

504

Limits on use of funds

 

505

Liability for use of money contrary to Act

 

506

Disqualification of council member for voting for illegal expenditure

Part 14 — Accounts and Audit

 

507

Annual financial statements

 

508

Municipality must appoint auditor

 

509

[Repealed]

 

510

Auditor may appeal termination

 

511

Duties of auditor

 

512

Special reports in relation to irregularities

 

513

Liability in relation to irregularities

 

514

Powers of auditor

 

515

Auditor not to remove records without approval

 

516

Right of elector to object to accounting

Part 15 — Fire, Police and Health Services

Division 1 — Fire Protection and Control

 

517

Fire department

 

518

Fire regulations for protection of persons and property

Division 2 — Police Services

 

519

Application of this Division

 

520

Municipality to pay cost of maintaining law and order

 

521

Disposal of property in police possession

 

522

Victim assistance agreements

Division 3 — Health

 

523

Health regulations

 

524

Chlorination, fluoridation and other health protection measures

 

525

Order to abate dangerous conditions

 

526

Hospitals, health centres and services

 

527

Board of management for health institutions

 

528

Ambulance service

Division 4 — Welfare

 

529

Accommodation for aged, infirm and disabled

 

530

Social planning

 

531

Burial of unclaimed bodies

Part 16 — Public Works

Division 1 — Municipal Buildings

 

532

Municipal public buildings

Division 2 — Highways

 

533

Possession of municipal public roads

 

534

Title of highways in Provincial government

 

535

Disposal of portion of highway

 

536

District municipality may resume reserved land

 

537

District municipality may expropriate in substitution for road allowances

 

538

District municipality may take material for public works

 

539

Agreements to reserve land for highway purposes

 

540

Naming and numbering of highways

 

541

General powers in relation to highways and public works

 

542

Regulation of highways

 

543

Regulation of signs and advertising

 

544

Charges for cleaning and clearing highways

 

545

Regulation of extraordinary traffic

 

546

Uses of highways other than traffic

 

547

Gates across highway

 

548

Implementing bylaws and regulations

Division 3 — Wharves, Waterways, Drains and Dikes

 

549

Powers subject to the Water Act

 

550

Wharves, docks, warehouses and slips

 

551

Waterways, dikes, drains and works

 

552

Operation of drainage works

 

553

Channel of watercourse defined

 

554

Control of drainage

 

555

Appeal if unable to reach agreement on construction of drains

 

556

Assessment if damages are awarded against municipality

 

557

Liability for damage to works or watercourse

 

558

Highway construction and dikes

 

559

Transfer of development district assets

 

560

District municipality drainage works

Division 4 — District Municipality Ditching Projects

 

561

Definitions

 

562

Powers under Division are subject to the Water Act

 

563

Initiation of ditching project

 

564

Preliminary report for project

 

565

Action on preliminary report

 

566

Notice of proposed work

 

567

Completion of project

 

568

Appeal to Supreme Court regarding project

 

569

Borrowing for project

 

570

Subdivision of land in ditching area

 

571

Powers of engineer

 

572

Charges for maintenance of project

 

573

Extending and merging of areas

Division 5 — Sewers and Storm Drains

 

574

Sewerage system

 

575

Sewer and drain charges and tax

 

576

Agreements between municipalities

Division 6 — Waste Removal

 

577

Waste removal works and services

 

578

Exemption from charges if services not required

Division 7 — Intermunicipal Works

 

579

Intermunicipal boundary roads

 

580

Bylaws on intermunicipal boundary roads

 

581

Disputes regarding boundary roads

 

582

Disputes regarding transecting roads

 

583

Intermunicipal bridges

 

584

Intermunicipal watercourses

Part 17 — Utilities

Division 1 — Regulation of Public Utilities

 

585

Application to companies that provide services similar to utilities

 

586

Authority of municipalities under this Division

 

587

Use of highways by utilities

 

588

Poles on highways

 

589

Underground facilities

 

590

Owners' portion of cost limited

 

591

Works may be delegated

Division 2 — Municipal Utilities

 

592

Application to companies that provide services similar to utilities

 

593

Municipal utility contracts

 

594

Municipal utilities: gas, electricity and water

 

595

Other municipal utilities

 

596

Construction of municipal utilities

 

597

Drainage works in conjunction with irrigation system

 

598

Municipal utilities outside area

 

599

Charges and rates for utilities outside municipality

 

600

Systems in adjoining municipalities

 

601

Terms and rates for utility facilities

 

602

Frontage tax and connection charges

 

603

Extension of utility services

 

604

Irrigation rights preserved

 

605

Sale or other disposal of utility systems

 

606

Plans of utilities

Division 3 — Franchises

 

607

Granting of franchises

 

608

Establishing routes and other terms

 

609

Enforcement of franchise

Part 18 — Recreation and Community Services

Division 1 — Parks and Community Buildings

 

610

Community use property

 

611

Authority to create and improve facilities

 

612

Grants of parks and heritage property

 

613

Control of parks dedicated by subdivision

 

614

Exchange of dedicated land

Division 2 — Civic Commissions

 

615

Parks commission

 

616

Civic properties commission

 

617

Athletic commission

 

618

Recreation commission

 

619

Joint commission in place of recreation commission

Part 19 — Local Improvements and Specified Areas

Division 1 — Local Improvements

 

620

Definitions

 

621

Land that is exempt from taxation

 

622

Municipal policy that works must be undertaken as local improvements

 

623

Works that may be undertaken as local improvements

 

624

Sidewalk canopies as local improvements

 

625

Sewer, water and gas connections in relation to street paving

 

626

Sidewalk crossings and driveways provided at owner's request

 

627

Time limit on effect of construction bylaw

 

628

General rule of separate bylaws for distinct work

 

629

Local improvement proposed on council's initiative

 

630

Petition against work proposed on council's initiative

 

631

Petition to council for local improvement

 

632

Determining whether a petition is sufficient

 

633

Items that may be included in the cost of a work

 

634

Charges for work must be established in advance

 

635

Requirements for adoption of construction bylaw

 

636

Commuting special charges

 

637

Borrowing for works

 

638

Payment of costs from annual budget

 

639

Payment of costs from local improvement fund

 

640

Assessment must be revised if scope of work reduced

 

641

Duty of municipality to repair completed works

 

642

Procedure to compel municipality to repair

 

643

Current assessment of special charges is not an encumbrance

 

644

Cost of work that is replaced, removed or destroyed

 

645

Commission may be appointed to investigate assessment roll

Division 2 — Specified Areas

 

646

Works and services for specified areas

 

647

Off-street parking facilities

 

648

Borrowing for specified area

 

649

Enlargement or reduction of specified area

 

650

Merging of specified areas

 

651

Application of other Parts to specified areas

Part 20 — Business Licensing and Regulation

Division 1 — Licensing of Businesses

 

652

Definitions

 

653

Business licences may be required

 

654

Exemptions from licensing requirements

 

655

Security may be required for non-resident businesses

 

656

Security may be required for new resident business

 

657

Alternative fee for short-term business

 

658

Security under the Consumer Protection Act, 1967

 

659

Classification of businesses for licence fee purposes

 

660

Maximum licence fees

 

661

Term of business licences

 

662

Form of licence

 

663

Transfer of licence when place of business changed

 

664

Intermunicipal business licences

 

665

Designated trading areas and provision for licensing

 

666

Council may refuse to grant business licence

 

667

Delegated authority to grant and suspend licences

 

668

Revocation of licence

 

669

Offence to carry on business without licence

Division 2 — Licensing of Commercial Vehicles

 

670

Definitions

 

671

Application of Division

 

672

Commercial vehicle licensing bylaw

 

673

Exemptions from licensing requirements

 

674

Licence plate must be displayed

 

675

Issue and transfer of licence plates

 

676

Term of licences

 

677

Fees to be paid to UBCM

 

678

Offences

Division 3 — Regulation of Business

 

679

Business regulation

 

680

Specific regulatory powers

 

681

Regulation of carriers

Division 4 — Shopping Hours Regulation

 

682

Definition of "shop"

 

683

[Repealed]

 

684

Bylaws under this Division

 

685

Statutory holidays

 

686

Closing of shops

 

687

Exemptions from closing rules

 

688

Special hours before holidays

 

689

Service station hours

 

690

Application to hawkers and peddlers

 

691

Emergency exception

Part 21 — Building Regulations

Division 1 — Building Code and Other Building Regulations

 

692

Provincial building code and regulations

 

693

Building Code Appeal Board

Division 2 — Municipal Building Regulations

 

694

Municipal building regulations

 

694.1

Requirement for security

 

695

Requirement for certification by engineer or architect

 

696

Regulating doors and emergency exits

 

697

Municipality may adopt national codes

Division 3 — Specific Municipal Actions

 

698

Demolition or repair of unsafe buildings, structures and excavations

 

699

Building inspector may require engineering report

 

700

Note against land title that building regulations contravened

 

701

Cancellation of note against land title

Part 22 — Miscellaneous Powers

 

702

[Repealed]

Division 1 — Regulation of Animals

 

703

Keeping of animals

 

704

Regulation of animal nuisances

 

705

Dog licences

 

706

Compensation for injuries to livestock

 

707

Animal pounds

Division 2 — Protection of Trees

 

708

General protection of trees

 

709

Regulation of tree cutting and removal

 

710

Significant trees

 

711

Hazardous trees and shrubs

 

712

Removal or replacement of trees at owner's expense

 

713

Assessment and inspection of trees

 

714

Limits on powers under this Division

 

715

Discretionary authority under this Division

Division 3 — Sundry Powers

 

716

Bylaws regarding cemeteries

 

717

Power to acquire sundry property for specific purposes

 

718

Night patrols

 

719

Sale of fuel, milk and fish

 

720

Bicycle licences

 

721

Land rehabilitation assistance

 

722

Wild flowers, auctions and athletic contests

 

723

Removal and deposit of sand, gravel and other soil

 

724

Noise control

 

725

Nuisances and disturbances

 

726

Fire and security alarm systems

 

727

Removal of dangerous buildings and other structures

 

728

Firearms, explosives and fireworks

Part 23 — Improvement Districts

Division 1 — General

 

729

Definitions

 

730

Administration and control of improvement districts

 

731

Incorporation by letters patent

 

732

Incorporation of mountain resort improvement districts

 

733

Notation on title of land in a mountain improvement district

 

734

Amendment or recall of letters patent

 

735

Dissolution of improvement districts

 

736

Improvement district trustees

 

737

Election of improvement district trustees

 

738

Chair and officers

 

739

Meeting procedure

 

740

First meeting of trustees in each year

 

741

Trustees to account to owners

 

742

Appointment of receiver

 

743

Protection from legal proceedings

 

744

Improvement district property exempt from taxation

Division 2 — Powers and Operations

 

745

General powers

 

746

Powers that must be exercised by bylaw

 

747

Requirements for bylaws

 

748

Power to exercise rights under certain water licences

 

749

Power to expropriate water diversion licences and related works

 

750

General power to expropriate land and works

 

751

Renewal of works

 

752

Appeal if improvement district refuses to provide services

Division 3 — Taxes and Cost Recovery

 

753

Assessment roll

 

754

Notice of assessment

 

755

Revision of assessments

 

756

Tax collection on behalf of improvement district

 

757

Levying of taxes by improvement district

 

758

Tax notices

 

759

Lien for taxes and tolls

 

760

Interest on taxes

Division 4 — Tax Sales

 

761

Definitions

 

762

Tax sale for recovery of taxes

 

763

Conduct of tax sale

 

764

Disposal of surplus from tax sale

 

765

Improvement district as purchaser of tax sale land

 

766

Tax sale deed

 

767

Sale of Crown land held under a mortgage or agreement for sale

 

768

Disposal of tax sale land by trustees

Division 5 — Borrowing and Securities

 

769

Provision of sinking funds

 

770

Provincial guarantee of improvement district securities

 

771

Form of securities

 

772

Registration of securities

Part 24 — Regional Districts

Division 1 — Interpretation

 

773

Definitions

 

774

Application of other provisions

Division 2 — Corporate Structure

 

775

Continuation of regional districts

 

776

Incorporation of regional districts

 

777

Letters patent of regional districts

 

778

Corporate status

 

779

Regional district secretary and treasurer

 

779.1

Appointment of officers and employees generally

 

779.2

Terms and conditions of employment

 

779.3

Termination of officer

 

780

Amalgamation and division of regional districts and alteration of boundaries

 

781

Dissolution of improvement districts and local areas

 

782

Creation or restructure of municipalities

Division 3 — Government and Procedure

 

783

Composition and voting rights

 

784

Appointment and term of office of municipal directors

 

785

Election and term of office of electoral area directors

 

786

Alternate municipal directors

 

787

Alternate electoral area directors

 

788

Remuneration and expenses of directors and committee members

 

789

Director benefits

 

790

Reporting of remuneration and expenses

 

791

Voting on resolutions and bylaws

 

792

Chair and vice chair of board

 

793

Calling and conduct of meetings

 

794

Procedure, bylaws and enforcement

 

795

Committees, delegation of powers and inquiries

Division 4 — Powers and Services

 

796

Corporate powers

 

797

General services

 

798

Local services

 

799

Extended services

 

800

Additional local or extended services

 

801

Additional powers and exceptions may be granted to regional districts

 

802

Referendums regarding services

 

803

Exercise of regulatory powers

 

804

Service areas

 

805

Extraterritorial participating areas

 

806

Establishing bylaws for services

 

807

Preconditions to validity of establishing bylaws

 

808

Assent of the electors by voting

 

809

Assent of electors by counter petition

 

810

Consent on behalf of municipal electors

 

811

Consent on behalf of electoral area electors

 

812

Petition for services

 

813

Amendment of establishing bylaws

Division 5 — Financial Operations

 

814

Accounting

 

815

Cost recovery for general services

 

816

Cost recovery for local services

 

817

Cost recovery for extended services

 

818

Options for local and extended services

 

819

Annual budget

 

820

Apportionment of costs

 

821

Apportionment adjustments

 

822

Requisition of funds from municipalities

 

823

Requisition of funds for electoral areas

 

824

Collection in municipalities

 

825

Collection in electoral areas

 

826

Special funds

 

827

Feasibility study fund

 

828

Financial liability limitations

 

829

Revenue anticipation borrowing

 

830

Short term capital borrowing

 

831

Loan authorization bylaws

 

831.1

Borrowing to cover judgments and awards in legal proceedings

 

832

Information that must be stated in borrowing bylaw

 

833

Security issuing bylaw

 

834

Provisions applicable to loan and security bylaws

 

835

Financing municipal undertakings

 

836

Borrowing on credit

Division 6 — General

 

837

Provision of services to other governments

 

838

Local community commissions

 

839

Notice required for certain bylaws

 

840

Restriction on authority in relation to firearms

 

841

Default on payment by municipality

 

842

Variable tax rate system

 

843

Property tax exemptions

 

844

Exemptions for heritage properties

 

845

Repayment requirement in relation to heritage exemptions

 

845.1

Exemptions for riparian property

 

845.2

Repayment requirement in relation to riparian exemptions

 

846

Inspection of regional districts

 

847

Legal proceedings

Part 25 — Regional Growth Strategies

 

848

Definitions

Division 1 — Application and Content of Regional Growth Strategy

 

849

Purpose of regional growth strategy

 

850

Content of regional growth strategy

 

851

Area to which regional growth strategy applies

 

852

Requirement to adopt regional growth strategy

Division 2 — Preparation and Adoption Procedures

 

853

Requirements for adoption

 

854

Initiation of regional growth strategy process

 

855

Consultation during development of regional growth strategy

 

856

Facilitation of agreement during development of regional growth strategy

 

857

Acceptance by affected local governments required

 

858

Resolution of anticipated objections

 

859

Resolution of refusal to accept

 

860

Settlement of regional growth strategy

 

861

Options for settlement process

 

862

General provisions regarding settlement process

 

863

Adoption of regional growth strategy

 

864

Requirement to adopt finalized regional growth strategy

Division 3 — Effect of Regional Growth Strategy

 

865

Regional district must conform with regional growth strategy

 

866

Requirement for regional context statements in municipal official community plans

Division 4 — General

 

867

Intergovernmental advisory committees

 

868

Implementation agreements

 

869

Regular reports and review of regional growth strategy

 

870

Provincial policy guidelines

 

871

Minister may require official community plans and land use bylaws

Part 26 — Management of Development

Division 1 — General

 

872

Definitions

 

873

Powers may be exercised by comprehensive bylaw

 

874

Ministerial orders

Division 2 — Official Community Plans

 

875

Application of community plans

 

876

General content of community plans

 

877

Required content

 

878

Policy statements in community plans

 

879

Designation of permit areas

 

879.1

Designation of development approval information areas or circumstances

 

880

Designation of heritage conservation areas

 

881

Planning of school facilities

 

882

Adoption procedures for municipalities

 

883

Adoption procedures for regional districts

 

884

Effect of official community plans

 

885

Petition to board for repeal of community plan

Division 3 — Rural Land Use Bylaws

 

886

Rural land use bylaws

 

887

Content of rural land use bylaw

 

888

Adoption procedures

 

889

Effect of rural land use bylaw

Division 4 — Public Hearings on Bylaws

 

890

Public hearings

 

891

Delegation of regional board hearings

 

892

Notice of public hearing

 

893

Notice if public hearing waived

 

894

Procedure after a public hearing

Division 5 — Public Information and Advisory Commission

 

895

Development approval procedures

 

896

Information that must be available to the public

 

897

Procedures manual

 

898

Advisory planning commission

Division 6 — Board of Variance

 

899

Establishment of board of variance

 

900

Chair and procedures

 

901

Variance or exemption to relieve hardship

 

902

Extent of damage preventing reconstruction as non-conforming use

Division 7 — Land Use Designation

 

903

Zoning bylaws

 

904

Zoning for amenities and affordable housing

 

905

Housing agreements for affordable and special needs housing

 

906

Parking space requirements

 

907

Runoff control requirement

 

908

Regulation of signs

 

909

Screening and landscaping to mask or separate uses

 

910

Construction requirements in relation to flood plain areas

 

911

Non-conforming uses and siting

 

912

Effect of expropriation in relation to non-conforming use and subdivision

 

913

Approval of regional district bylaws by minister

 

914

No compensation in relation to adoption of bylaw or issuance of permit

Division 8 — Use of Land for Agricultural Operations

 

915

Intensive agriculture

 

916

Provincial standards for farm bylaws

 

917

Farm bylaws

 

918

Application

 

919

Three year review of bylaws affecting farming areas

Division 9 — Permits and Fees

 

920

Development permits

 

920.1

Development approval information

 

921

Temporary commercial and industrial permits

 

922

Development variance permits

 

923

Tree cutting permits

 

924

Approval required for development near controlled access highway

 

925

Requirement for security

 

926

Lapse of permit

 

927

Notice of permit on land title

 

928

General matters

 

929

Withholding of permits and licences that conflict with bylaws in preparation

 

930

Amendment and discharge of land use contracts

 

931

Fees related to applications and inspections

Division 10 — Development Costs Recovery

 

932

Definitions

 

933

Development cost charges generally

 

934

Amount of development cost charges

 

935

Use of development cost charges

 

936

Acquisition and development of park land

 

937

Adoption procedures for development cost charge bylaw

 

937.1

Development works agreements with private developers

Division 11 — Subdivision and Development Requirements

 

938

Subdivision servicing requirements

 

939

Excess or extended services and latecomer payments

 

940

Completion of works and services

 

941

Provision of park land

 

942

Provision of school sites

 

943

Bylaws adopted after application for subdivision submitted

 

944

Parcel frontage on highway

 

945

Highway provision and widening

 

946

Subdivision to provide residence for a relative

Division 12 — Contaminated Sites

 

946.1

Assessment of site profiles

 

946.2

Waste Management Act requirements must be met

 

946.3

Agreements for regulating contaminated sites

Part 27 — Heritage Conservation

Division 1 — General

 

947

Definitions

 

948

Limits on the use of this Part

 

949

Limit on compensation

 

950

Bylaw and permit procedures

 

951

Delegation of local government authority

 

952

Ombudsman review of local government decisions

Division 2 — Heritage Review

 

953

Community heritage commissions

 

954

Community heritage register

 

955

Heritage recognition

 

956

Heritage inspection may be ordered

 

957

Entry authority for a heritage inspection

 

958

Impact assessment may be required

 

959

Local government requests for Provincial protection

Division 3 — Temporary Protection

 

960

Withholding of approvals

 

961

Withholding of demolition permits until other approvals issued

 

962

Orders for temporary protection

 

963

Temporary protection by introduction of a continuing protection bylaw

 

964

Heritage control periods for temporary protection

 

965

Temporary protection

Division 4 — Continuing Protection

 

966

Heritage revitalization agreements

 

967

Heritage designation protection

 

968

Heritage designation procedure

 

969

Compensation for heritage designation

 

970

Heritage site maintenance standards

 

971

Heritage conservation areas

Division 5 — Heritage Alteration Permits

 

972

Heritage alteration permits

 

973

Requirements and conditions in a heritage alteration permit

Division 6 — Notices under this Part

 

974

Giving notice to owners and occupiers

 

975

Posting notice on protected heritage property

 

976

Notice on land titles

 

977

Notice to minister responsible for the Heritage Conservation Act

 

978

Regulations regarding notices

Division 7 — Remedies and Offences

 

979

Civil remedies in relation to heritage property

 

980

Notice of contravention may be filed in land title office

 

981

Offences and penalties

Part 28 — Replotting Schemes

Division 1 — Interpretation

 

982

Definitions

 

983

Application of Part

Division 2 — Preparation and Initiation of Scheme

 

984

Preliminary definition of district

 

985

Information included in scheme

 

986

General principles of replotting

 

987

Reallotment of parcels

 

988

Municipality may acquire charges

 

989

Notice requirements for initiation of a scheme

 

990

General consent of owners to scheme

 

991

Consents binding on owners once given

 

992

Alterations to scheme may require new consents

 

993

Initiation of scheme by registration of resolution

 

994

Effect of initiation

 

995

Resolution to complete or discontinue scheme

Division 3 — Implementation and Completion of Scheme

 

996

Registration of common mass

 

997

Effect of deposit of reference plan

 

998

Registration for owners of new parcels

 

999

Rights of ownership and charges transferred

Division 4 — Complaints Regarding Compensation

 

1000

Allotments binding, although owners may complain regarding compensation

 

1001

Compensation for loss and damage

 

1002

Appointment of commissioner

 

1003

Replacement of commissioner

 

1004

Notice to owners who do not consent

 

1005

Time and place to hear complaints

 

1006

Hearing by commissioner

 

1007

Commissioner's powers and report

 

1008

Appeal to Supreme Court

 

1009

Payment of compensation

Division 5 — General

 

1010

Removal of buildings

 

1011

Accounts and apportionment

 

1012

Former highways to be maintained

 

1013

Limitation of claims

 

1014

Disposal of municipal parcels

 

1015

Taxation during proceedings

 

1016

List of owners must be provided to municipality

 

1017

Land title fees

 

1018

Questions may be referred to Supreme Court

Part 29 — Inspector of Municipalities

 

1019

Inspector of municipalities

 

1020

Official seal and documents

 

1021

Inquiries into local government matters

 

1022

Certificate of approval for money bylaws

 

1023

Inquiry into application for certificate

 

1024

Appeal from inspector's decision to withhold or refuse certificate

 

1025

Certificate conclusive of validity

Part 30 — Administration Commissioner

 

1026

Definitions

 

1027

Appointment of administrative commissioner

 

1028

Substitution of commissioner

 

1029

Acting commissioner

 

1030

Powers transferred to commissioner

 

1031

Power of commissioner to make bylaws

 

1032

Powers of commissioner to borrow

 

1033

Levies for sinking fund

 

1034

Assessment rolls

 

1035

Limits on complaints against assessment

 

1036

Differences between commissioner and school board

 

1037

Reports to minister

 

1038

Election after commissioner appointed

 

1039

Restriction on legal proceedings

 

1040

Power to make regulations