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| 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. |
[Updated to October 31, 1997]
173 (1) A municipality incorporated under this Act has all the rights and liabilities of a corporation, with full power to acquire, hold and dispose of real and other property, subject to this Act, and to contract for materials and services.
(2) Except as otherwise provided in this or another Act, municipal powers must be exercised by the council.
174 The jurisdiction of a council is confined to the municipal area the council represents, unless wider authority is expressly conferred by statute.
175 (1) The council of a municipality is, and has been since the incorporation of the municipality, always continuing and existing, despite a change in its membership.
(2) After being sworn in, a council may take up and carry on to completion all proceedings commenced but not completed before its swearing in.
(3) The acts done by a quorum of a council are not invalid by reason only that the council is not at the time composed of the required number of members under this Act.
176 (1) A municipality must have a corporate seal, kept in the custody of the municipal clerk.
(2) The municipal clerk must cause the corporate seal to be affixed when required by this or any other Act, when required by a bylaw under section 205, or as otherwise required by the council.
177 (1) Except as established under subsection (2) or by the effect of section 179 (2), the council size for municipalities must be as follows:
(a) for a city or district having a population of more than 50 000, the council is to consist of a mayor and 8 councillors;
(b) for a city or district having a population of 50 000 or less, the council is to consist of a mayor and 6 councillors;
(c) for a town or village, the council is to consist of a mayor and 4 councillors.
(2) The council of a city, district or town may, by bylaw, establish the number of council members as a mayor and 4, 6, 8 or 10 councillors.
(3) A bylaw under subsection (2) must provide for an uninterrupted transition from the previous council.
(4) A bylaw under subsection (2) that would reduce the number of council members must not be adopted without the assent of the electors.
(5) Except as established by a temporary order under section 37 (6) (a), the quorum for a council must be as follows:
(a) for a council consisting of 5 members, the quorum is 3 members;
(b) for a council consisting of 7 members, the quorum is 4 members;
(c) for a council consisting of 9 members, the quorum is 5 members;
(d) for a council consisting of 11 members, the quorum is 6 members.
178 (1) Unless a bylaw under subsection (2) applies, every council member must be elected from the municipality at large.
(2) A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis.
(3) A bylaw 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) The authority under subsection (2) applies despite the letters patent of the municipality, but a bylaw under that subsection 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 of the neighbourhood constituency are
(i) resident electors of the municipality who meet the qualifications of section 50 in relation to the area of the neighbourhood constituency, and
(ii) non-resident property electors of the municipality who meet the qualifications of section 51 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 77 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 place 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 council member to represent the neighbourhood constituency.
179 (1) The term of office for a mayor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 180 (3), whichever is later, and
(b) ends immediately before the first Monday after December 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 December 1 following the election or when the person takes office in accordance with section 180 (3), and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when a sufficient number of council members have taken office to make up a quorum, whichever is later.
180 (1) A person elected or appointed to office on a municipal council must make a prescribed oath of office, by oath or solemn affirmation, 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) The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace or the municipal clerk, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.
(3) A person takes office on a council
(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the municipal clerk, or
(b) at any later time that the person produces the completed oath or certificate to the municipal clerk.
(4) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.
(5) A person taking office on a council may also make an oath of allegiance.
(6) Once a council member 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.
181 (1) If a person elected or appointed to office on a council does not make the required oath under section 180 within the time limit set by that section, the office is deemed to be vacant and the person is disqualified from taking and holding office on a local government or on the council of the City of Vancouver until the next general local election.
(2) If a council member is continuously absent from council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled council meetings, whichever is the longer time period, unless the absence is because of illness or with the leave of the council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on a local government or on the council of the City of Vancouver until the next general local election.
182 (1) A council member may resign from office only by delivering a written resignation to the municipal clerk.
(2) A resignation becomes effective when it is received by the municipal 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 municipal 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 municipal clerk must notify the minister.
183 (1) An application to the Supreme Court for a declaration that a council member is disqualified from holding office and that the office is vacant may be made in accordance with this section.
(2) Except as provided in this section, Division 15 of Part 3, other than section 143 (7), applies in relation to an application under this section.
(3) An application may only be made by at least 4 electors of the municipality.
(4) An application may be made at any time during the challenged person's term of office, but must be made within 30 days after the alleged basis of the disqualification comes to the attention of any of the persons making the application.
(5) Within 7 days after the petition commencing an application is filed, it must be served on the person whose right to hold office is being challenged and on the municipality.
(6) On the hearing of an application, the court may
(a) declare that the person is confirmed as qualified to hold office, or
(b) declare that the person is not qualified to hold office and that the office is vacant.
184 (1) If the council considers that one of its members is disqualified from holding office, the council may adopt a resolution declaring that the office is vacant.
(2) Before taking action under subsection (1), the council must notify the person affected of the proposed action.
(3) Unless an application to the Supreme Court is made under subsection (4), an office declared vacant under subsection (1) becomes vacant 6 days after the resolution is adopted.
(4) A person whose office is declared vacant under subsection (1) may apply to the Supreme Court for a determination of whether the person is qualified to hold the office, but the application must be commenced within 5 days after the resolution is adopted.
(5) Within 7 days after the petition commencing an application under subsection (4) is filed, it must be served on the municipality.
(6) On the hearing of an application under subsection (4), the court may
(a) declare that the person is confirmed as qualified to hold office, or
(b) declare that the person is not qualified to hold office and that the office is vacant.
(7) Section 147 applies in relation to an application under subsection (4) of this section.
185 (1) A council may, by bylaw, provide for one or more of the following payments:
(a) remuneration to council members for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those duties other than expenses covered under paragraph (b) or (c);
(b) all or part of the expenditures made or expenses incurred by a council member when the council member is
(i) representing the municipality,
(ii) engaging in municipal business, or
(iii) attending a meeting, course or convention;
(c) an allowance, daily or otherwise, for expenses incurred by a council member when performing activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.
(2) A bylaw 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 bylaw 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.
186 (1) At least once a year, a 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 185 (1) (a), including any amount specified as an expense allowance, and
(b) the total amount of expense payments for the council member made under section 185 (1) (b) and (c).
(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 municipal hall during its regular office hours from the date when it is considered by the council until one year after that date.
(3) On payment of the applicable fee set under subsection (4), a person may obtain from the municipal clerk copies or excerpts, as requested, of a report under subsection (1).
(4) A council may, by bylaw, set fees for the purposes of subsection (3).
187 (1) Without limiting section 185, a council may enter into agreements for benefits for council members and their dependants, including medical and dental services and insurance policies.
(2) A council may provide all or part of a premium required by an agreement under subsection (1) for accident insurance coverage for council members while on municipal business.
(3) Other than a premium referred to in subsection (2), a council must not provide all or part of the premium required by an agreement under subsection (1).
188 (1) The mayor is the head and chief executive officer of the municipality.
(2) In addition to the mayor's powers and duties as a council member, the mayor has the following duties:
(a) to see that the law for the improvement and good government of the municipality is carried out;
(b) to communicate information to the council and to recommend bylaws, resolutions and measures that, in the mayor's opinion, may assist the peace, order and good government of the municipality in relation to the powers conferred on the council by any Act;
(c) to establish standing committees as provided in section 209 and to appoint members of council to the committees;
(d) to inspect and direct the conduct of municipal officers and employees, to direct the management of municipal business and affairs and, if considered necessary, to suspend a municipal officer or employee;
(e) so far as the mayor's power extends, to see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished.
(3) Every suspension of an officer or employee by the mayor under this section must be reported to the council at its next sitting, and the council may
(a) reinstate the officer or employee,
(b) confirm the suspension,
(c) confirm and extend the suspension, or
(d) dismiss the officer or employee.
189 (1) At any time within one month after a bylaw, resolution or proceeding of the council is adopted, the mayor may return it for reconsideration if it has not
(a) had the assent of the electors,
(b) been reconsidered by the council under subsection (3), or
(c) been acted on by an officer, employee or agent of the municipality.
(2) The mayor may state his or her objections to the council and the municipal clerk must record in the minute book the objections, suggestions or amendments of the mayor.
(3) As soon as convenient, the council must consider the mayor's objections and either reaffirm or reject the bylaw, resolution or proceeding.
(4) If a bylaw, resolution or proceeding is rejected under subsection (3), it
(a) is deemed to be repealed and is of no effect, and
(b) must not be reintroduced to the council for 6 months except with the unanimous consent of the council.
(5) The conditions that applied to the passage of the original bylaw, resolution or proceeding apply to its rejection.
190 (1) A council may appoint one of its members to be acting mayor.
(2) If the office of mayor becomes vacant, the council must appoint a member to be acting mayor, and the acting mayor is to continue in office until another mayor is elected or appointed.
(3) During the absence, illness or other disability of the mayor, the acting mayor has all the powers of and is subject to the same rules as the mayor.
191 (1) Following a general local election, the first council meeting must be on the first Monday after December 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 council meeting must be called by the municipal clerk and held as soon as reasonably possible after a quorum has taken office.
(3) After the first meeting, a council must meet as it decides and as provided in this Act.
(4) For the purposes of this Act, a special council meeting is a council meeting other than a statutory, regular or adjourned meeting.
192 Council meetings must take place within the boundaries of the municipality, unless the municipal hall is located outside the boundaries or the council resolves to meet outside the boundaries.
193 (1) A notice of the day, hour and place of a special council meeting must be given at least 24 hours before the time of meeting by
(a) posting a copy of the notice at the regular council meeting place, and
(b) leaving one copy for each council member at the place to which the member has directed notices to be sent.
(2) Each copy of a notice under subsection (1) must be signed by the mayor or municipal clerk.
(3) Notice under subsection (1) may be waived by unanimous vote of all council members.
194 (1) Two or more council members council may, in writing, request the mayor to call a special council meeting.
(2) Two of more council members may call a special council meeting if
(a) within 24 hours after receiving a request under subsection (1), the mayor refuses or neglects to arrange for the special council meeting to be held within 7 days after receiving the request, or
(b) the mayor is absent.
(3) If a special council meeting is called under subsection (2), the council members calling the meeting must sign the notice under section 193.
195 (1) The regular council meetings must be open to the public, and a person must not be excluded except for improper conduct.
(2) If, in the opinion of the council, the public interest so requires, persons other than members and officers, or persons other than members, may be excluded from a special council meeting.
196 The mayor or other person presiding may expel and exclude from a council meeting a person the mayor or presiding person considers guilty of improper conduct.
197 (1) The mayor, if present, must preside at council meetings.
(2) If the mayor or the acting mayor is absent from a council meeting,
(a) the members present must choose a member to preside, and
(b) the presiding member has, for that purpose, all the powers of and is subject to the same rules as the mayor.
(3) Any council member may preside in committee of the whole.
198 The mayor or the member presiding at a council meeting must preserve order and decide points of order that may arise, subject to an appeal to the other council members present.
199 (1) On an appeal by a council member from a decision of the mayor, the question "Is the Chair sustained?" must be immediately put by the mayor and decided without debate.
(2) The mayor must be governed by the vote of the majority of the other council members present.
(3) If the votes are equal, the question passes in the affirmative.
(4) The names of the council members voting for or against the question must be recorded in the minutes.
(5) If the mayor refuses to put the question under subsection (1),
(a) the council must immediately appoint a member to preside temporarily,
(b) that presiding member must proceed in accordance with subsection (1), and
(c) a resolution or motion carried under this subsection is as binding as if carried under subsection (1).
200 (1) This section applies to all council meetings, to meetings of the committee of the whole and to meetings of the standing and select committees of a council.
(2) If the votes of the council members present at the meeting at the time of the vote are equal for and against a question, the question is negatived and the presiding member must declare this result.
(3) A council member present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative.
201 (1) This section applies to all council meetings, to meetings of the committee of the whole and to meetings of the standing and select committees of a council.
(2) If a council member considers that he or she is not entitled to participate in the discussion of a matter or to vote on a question in respect of the matter, the member must declare this and state the general nature of why the member considers this to be the case.
(3) After making a declaration required by subsection (2), the member
(a) must not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter,
(b) must immediately leave the meeting or that part of the meeting during which the matter is under consideration, and
(c) must not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.
(4) When a declaration required by subsection (2) is made,
(a) the person recording the minutes of the meeting must record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and
(b) the person presiding at the meeting must ensure that the member is not present at the meeting at the time of any vote on the matter.
(5) Without limiting subsection (2), a council member must not participate in the discussion of or vote on a question in respect of a matter in which the member has a direct or indirect pecuniary interest.
(6) Subsection (5) does not apply
(a) if the pecuniary interest of the council member is a pecuniary interest in common with electors of the municipality generally,
(b) if the matter relates to remuneration or expenses payable to one or more council members in relation to their duties as council members, or
(c) if 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.
(7) A person who contravenes subsection (5) is disqualified from continuing to hold office as a council member unless the contravention was done inadvertently or because of an error in judgment made in good faith.
(8) If otherwise qualified, a person disqualified under subsection (7) is qualified to be nominated and elected in the by-election to fill the vacancy created by this disqualification and, if elected, is qualified to hold the office.
(9) If as a result of subsection (2) the number of council members who may discuss and vote on a matter falls below the quorum for the council, the council may apply to the Supreme Court for an order under subsection (10) without notice to any other person.
(10) On an application under subsection (9), the court may
(a) order that all or specified council members may discuss and vote on the matter, despite the other provisions of this section, and
(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.
202 (1) If an enactment provides that a council is required or empowered to exercise a power by bylaw, that power may only be exercised by bylaw.
(2) Except as restricted by subsection (1), the powers of a council may be exercised by resolution or bylaw.
(3) An act or proceeding of a council is not valid unless it is authorized or adopted by bylaw or resolution at a council meeting.
203 Unless otherwise provided, all acts authorized or required by this Act to be done by the council, and all other questions, including adjournment, that may come before the council must be done and decided by a majority of the council members present at a meeting.
204 A requirement in this Act for an affirmative vote of at least 2/3 of all members of a council means an affirmative vote of at least 2/3 of the number of members of which the council consists under this Act.
205 (1) The council must, by bylaw, regulate council meetings and their conduct.
(2) A bylaw relating to the procedure of the council must not be altered except by bylaw passed at a regular council meeting in accordance with a notice in writing given and openly announced at an earlier regular meeting.
(3) [Repealed 1997-25-52.]
206 (1) Minutes of the proceedings of a council
(a) must be legibly recorded in a minute book, and
(b) must be certified as correct by the municipal clerk and signed by the mayor or other member presiding at the meeting or at the next meeting at which they are adopted.
(2) The minutes must be open for inspection by any person and any person may make copies and extracts of the minutes at all reasonable times on payment of the fee set under subsection (4).
(3) Subsection (2) does not apply to minutes of a special council meeting from which persons were excluded under section 195.
(4) A council may, by bylaw, set fees for the purposes of subsection (2).
207 Minutes of the proceedings of standing committees, courts of revision and other municipal bodies
(a) must be legibly recorded in a minute book,
(b) must be signed by the chair or member presiding, and
(c) except for minutes of a standing committee or other municipal body on a matter for adoption by the council, must be open for the inspection in the same manner as council minutes.
208 A council may appoint a select committee to consider or inquire into any matter and to report its findings and opinion to the council.
209 (1) The mayor must establish standing committees for matters the mayor considers would be better regulated and managed by committees.
(2) The proceedings of a standing committee established under subsection (1) are subject to the approval of the council, except executive or administrative proceedings delegated under section 210.
210 (1) A council may, by bylaw adopted by at least 2/3 of all its members, delegate to a standing committee established under section 209 (1) the authority to exercise any of the executive or administrative powers of the council, subject to the restrictions or conditions specified in the bylaw.
(2) A bylaw under subsection (1) may provide for appointing as members of the standing committee persons who are not council members, but the number must not exceed the number of council members on the committee.
211 (1) A council, a standing committee or a select committee
(a) has power, under the signature of the mayor and seal of the municipality, to summon witnesses for examination on oath for matters about the administration of the municipality, and
(b) has the same power to enforce the attendance of witnesses and compel them to give evidence as is vested in a court of law in civil cases.
(2) A member of council or of a standing or select committee may administer the oath to a witness.
(3) A witness may be examined, cross examined and re-examined according to the rules and practice of the Supreme Court in civil cases.
212 (1) A petition to a council must include the full name and residential address of each petitioner.
(2) Except as otherwise provided for local improvements under Part 19, the sufficiency and validity of a petition to a council is to be determined by the municipal clerk, who must record this determination by certificate.
(3) A certificate under subsection (2) is final and conclusive.
(4) After a petition has been certified as sufficient and valid, or after the time set for submission of the petition, a person may not withdraw his or her name from the petition or add a name to the petition.
212.1 (1) Unless otherwise provided, this section applies to counter petitions required or authorized under this Act in relation to proposed municipal bylaws or actions.
(2) The council must establish a deadline by which counter petitions in relation to a specific bylaw or action must be submitted to the council.
(3) Notice of the counter petition process in relation to a matter
(a) must be published in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established under subsection (2), and
(b) from the date of first publication in a newspaper, must be posted on the notice board or usual place for publishing notices at the municipal hall.
(4) A notice under subsection (3) must include the following:
(a) a general description of the proposed bylaw or action;
(b) a statement that the council may proceed with the bylaw or action unless the counter petition is sufficient;
(c) the area to which the counter petition applies, if that area is not the whole of the municipality;
(d) the deadline for submitting signed counter petition forms to the council;
(e) an estimate of the number of persons who must petition against the bylaw or action in order for the counter petition to be sufficient;
(f) how counter petitions may be submitted to the council.
(5) Subject to section 212 (1), a counter petition may be in any form that clearly indicates the intention of the person or persons signing it to petition against the proposed action or bylaw.
(6) A counter petition is sufficient if, on the basis of the signed counter petition forms submitted to the council before the deadline established under subsection (2), the counter petition is signed by at least 5% of the electors of the area to which the counter petition applies.
(7) If a counter petition is certified as valid and sufficient under section 212 (2), the council must not proceed with the proposed bylaw or action unless it receives the assent of the electors.
(8) If a counter petition is not sufficient, the council may proceed with the proposed bylaw or action.
213 (1) To honour a distinguished person, by unanimous vote of its members, a council may confer freedom of the municipality on that person.
(2) Until the council revokes the honour conferred under subsection (1), a person given freedom of the municipality
(a) is deemed to be and to be registered as an elector of the municipality and is eligible to vote in an election for mayor or councillor, and
(b) despite any other enactment, if the person is a Canadian citizen, is deemed to be qualified to be nominated, be elected and hold the office of mayor of the municipality.
(3) To honour a distinguished unit of the armed forces of Canada, the United Kingdom or another nation of the Commonwealth, by unanimous vote of its members, a council may confer freedom of the municipality on that unit.
(4) The commanding officer of a unit honoured under subsection (3) has by virtue of office the qualifications and privileges of a person honoured under subsections (1) and (2).
214 A council may declare that a public holiday is to be observed in the municipality, either on a day named by the council or on a day determined and proclaimed by the mayor.
215 A council may, by bylaw, provide for a referendum to obtain the electors' opinion on a question that affects the municipality and with which the council has power to deal.
216 (1) Without limiting section 173 (1) but subject to an express limitation in this Act, a municipality has full power to engage in any commercial, industrial or business undertaking and to incorporate a company for that purpose or to acquire shares in a corporation engaged in those undertakings.
(2) A municipality must not incorporate a company or acquire shares in a corporation without first receiving the approval of the inspector.
217 In addition to its other powers under this Act, a council may enter into contracts in relation to housing matters with the government of Canada or an agent of the government of Canada.
218 (1) A municipality may join with another municipality to exercise a power conferred by this Act.
(2) An agreement under this section is not valid until ratified by a bylaw adopted by each council.
(3) For the purpose of this section,
(a) the powers of a municipality extend beyond the boundaries of the municipality, and
(b) "municipality" includes the City of Vancouver.
219 In addition to powers specifically conferred on a council, the council has power to do anything incidental or conducive to the exercise of a conferred power.
220 In addition to the powers of a council under this Act, the minister may confer on the council further powers for the management and disposal of municipal assets that the minister considers necessary or advisable.
221 On receipt of a petition from a municipal council, the Lieutenant Governor in Council may, to the extent not inconsistent with the intent of this or another Act, confer further powers on the council necessary to
(a) preserve and promote the peace, order and good government of the municipality and the health, safety, morality and welfare of the inhabitants, and
(b) provide for protection of persons and property.
222 If the powers conferred on a council are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the council may, by bylaw adopted by a vote of at least 2/3 of the council members, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.
223 (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified municipality or a described class of municipalities:
(a) grant a power to the municipality or class;
(b) provide an exception to or a modification of a requirement established by an enactment;
(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding
(i) the grant of a power under paragraph (a) or the exercise of it, or
(ii) an exception or modification under paragraph (b) or the taking of its benefit.
(2) A regulation made under this section must not do any of the following:
(a) confer an authority otherwise available to a municipality, including any power that may be granted under section 219, 220, 221 or 222;
(b) override an absolute prohibition contained in an enactment;
(c) confer an authority to levy a new tax;
(d) confer an authority to grant a new tax exemption;
(e) eliminate a requirement for obtaining the assent of the electors;
(f) any other thing prohibited by regulation under subsection (3).
(3) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.
224 Unless otherwise specifically provided in this Act, a council may not
(a) grant a person a particular privilege or an immunity or exemption from the ordinary jurisdiction of the municipality,
(b) grant a charter giving a right, franchise or privilege,
(c) give an exemption from a tax, rate or rent, or
(d) remit a tax, rate or rent.
225 (1) The council must not, directly or indirectly, assist an industrial or commercial undertaking.
(2) Without limiting subsection (1), a council must not grant assistance to an industrial or commercial undertaking by doing any of the following:
(a) giving or lending money or other security, or giving the use or ownership of any immovable;
(b) guaranteeing borrowing;
(c) granting an exemption from taxation;
(d) granting as a gift property owned by the municipality.
226 A computer data base, magnetic tape or computer program prepared for a municipality by a consultant or data processing company, on payment of the agreed price, is the property of the municipality.
227 (1) In this section and section 228, "specified area" includes a service area as defined in section 773.
(2) A local government may, by bylaw approved by the inspector, make an agreement with the Minister of Industry and Small Business Development or the Minister of Lands, Parks and Housing for the provision of works and services incidental to the development of business, industry or housing and may specify the area that is affected by the agreement.
(3) An agreement under this section
(a) may provide for a loan from the government to meet the cost of the works or services, and
(b) may provide a formula for imposing all or part of the cost of the works or services on the owners of real property in the specified area.
(4) If an agreement under this section provides for a loan,
(a) the local government may, by bylaw approved by the inspector and without the assent of the electors, enter into a mortgage or give other security for the amount owing under the agreement, and
(b) Part 12 and Division 5 of Part 24 do not apply to the loan, but the loan constitutes a debt for the purposes of sections 449, 450 and 455 (3) (d).
(5) If an agreement under this section provides a formula for imposing the cost of the works or services on the owners of real property in the specified area, the following rules apply:
(a) the formula may be based on the actual cost or on the local government's estimate of the cost;
(b) the formula must provide for the distribution of the cost among the owners of real property in the specified area;
(c) the portion of the cost attributable to an owner of real property at the time the costs become payable under the agreement constitutes a debt of the owner to the municipality or regional district, as applicable;
(d) the agreement may provide that, until the debt is paid, the local government, an approving officer, a building inspector or other local government authority is not obliged to
(i) approve a subdivision plan, strata plan, building permit, zoning bylaw necessary for the development of real property of a debtor in the specified area, or
(ii) do any other thing necessary for the development of real property of a debtor in the specified area;
(e) the failure of the municipality or regional district to collect the debt at the time of an approval or the doing of any other thing referred to in paragraph (d) does not affect the collectibility of the debt.
(6) For the purpose of ascertaining the estimated or actual cost of works or services, the following may be included:
(a) professional consulting fees, including planning, engineering, architectural and legal expenses;
(b) interest on money borrowed to finance the provision of the works or services;
(c) compensation paid by the municipality or regional district for real property in the specified area acquired for the purposes of the works or services or for real property that is injuriously affected by them and expenses incurred in connection with determining the compensation to be paid for that real property;
(d) the cost of labour and materials supplied for or used in the construction of the work or service;
(e) other costs that are approved by the inspector.
(7) Sections 622, 646 and 807 (2) (a) do not apply to this section.
228 (1) A local government may, by bylaw, enter into an agreement with the council of an Indian band to provide a local government service or services to lands within a reserve, as defined in the Indian Act (Canada).
(2) Nothing in an agreement under this section affects the liability for taxation under section 356 or under section 18 (4) of the Taxation (Rural Area) Act.
229 Except where otherwise in this Act specially provided, all questions arising between municipalities must be decided by the mayors of the municipalities or, if they cannot agree, by the Supreme Court, whose decision is final.
230 (1) A council may, by a vote of at least 2/3 of the council members, grant aid for or to one or more of the following:
(a) hospitals and nursing homes in or out of the municipality;
(b) charitable institutions in or out of the municipality;
(c) war memorials in or out of the municipality;
(d) a patriotic or disaster fund;
(e) agricultural or horticultural societies holding exhibitions in or out of the municipality;
(f) incorporated farmers' and women's institutes;
(g) a society or association organizing a public exhibition, game or contest involving athletic skills or sports, if
(i) private or professional gain is absent and
(ii) in the council's opinion, the exhibition, game or contest would be for the municipality's advantage;
(h) an organization considered by the council to be contributing to the general interest and advantage of the municipality;
(i) an arts or cultural centre maintained in or out of the municipality;
(j) libraries or vocational schools in or out of the municipality;
(k) a tourist or other association for giving information about the advantages of the municipality as a manufacturing, business, educational, residential or tourist centre;
(l) a board of trade or chamber of commerce;
(m) a body organized to advance the general interests of municipal affairs;
(n) assist in celebrating an event of public interest.
(2) The council of a city, town or district may, in accordance with Part 12, borrow money to enable aid to be granted under subsection (1) (a), (b) or (j).
(3) Despite section 225, a council may, by a vote of at least 2/3 of the votes cast, provide financial and other assistance for the conservation of any of the following property, subject to any terms and conditions the council considers appropriate:
(a) property that is protected heritage property;
(b) property that is subject to a heritage revitalization agreement under section 966;
(c) property that is subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.
231 Despite anything to the contrary, a council granting aid to an institution, organization or society may specify terms for representation by the council on the board of directors or other governing body, or otherwise.
232 (1) A council may, by bylaw, provide for the making of a grant to another municipality that, in the opinion of the council, provides services of benefit to the inhabitants of the council's municipality.
(2) [Repealed 1997-25-58.]
(3) A bylaw under subsection (1) may authorize the grant to be continued annually for a period not longer than 5 years.
233 (1) In this section:
"applicant" means a corporation, association or organization applying to the council for a grant of money under this section;
"business area" means an area in a municipality where business or commerce is carried on;
"business improvement area" means a business area designated by bylaw as a business improvement area under subsection (3) (a);
"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 municipally owned land, buildings or structures in one or more business improvement areas,
(c) the conservation of heritage property in one or more business improvement areas, and
(d) the encouragement of business in one or more business improvement areas.
(2) Despite section 225, but subject to this section, a council may grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.
(3) Before a council grants money under subsection (2), the council must, by bylaw, do the following:
(a) designate the appropriate business area as a business improvement area;
(b) name the applicant to which the money will be granted;
(c) establish the maximum amount of money to be granted;
(d) require that the money granted must be expended only
(i) by the applicant to which the money is granted, and
(ii) in accordance with the conditions and limitations set out in the bylaw and for a business promotion scheme set out in the bylaw;
(e) require that all or part of the money granted to the applicant, as determined by the council, be recovered within the business improvement area from owners of land or improvements, or both, or from other persons from whom charges provided in this Act may be collected in the business improvement area.
(4) For the purpose of a requirement under subsection (3) (e), the council may levy and impose within the business improvement area any or all of the following:
(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;
(b) a frontage tax;
(c) other charges provided in this Act;
(d) a rate based on any factor set out in the bylaw.
(4.1) If the council imposes a rate or charge under subsection (4), the bylaw that imposes the rate or charge may set different rates or charges on different classes of business, as specified in the bylaw.
(5) If a council enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without restricting the generality of this, the bylaw must require the applicant to
(a) submit each year a budget for approval by the council,
(b) account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and
(c) take out and maintain insurance of the type and in the amount specified in the bylaw.
(6) Section 646 (6) (b) and (c), (7) and (8) applies to a bylaw under this section and, for these purposes, a business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service.
(7) Sections 649 and 650 apply in respect of a business improvement area as if it were a specified area.
(8) Part 11 applies in respect of rates, taxes and charges imposed under this section.
(9) A bylaw designating a business improvement area ceases to have effect on the earlier of
(a) 20 years from the date the bylaw comes into force, and
(b) a date specified in the bylaw.
(10) [Repealed 1997-25-59.]
234 (1) In this section:
"applicant" means a corporation, association or organization applying to the council for a grant of money under this section;
"business area" means an area in a municipality where business or commerce related to a mountain resort is carried on;
"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 municipally owned land, buildings or structures in one or more mountain resort business improvement areas,
(c) the conservation of heritage property in one or more mountain resort business improvement areas, and
(d) the encouragement of business in one or more mountain resort business improvement areas;
"mountain resort business improvement area" means a business area designated by bylaw as a mountain resort business improvement area under subsection (3) (a).
(2) Despite section 225, but subject to this section, a council may grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.
(3) Before a council grants money under subsection (2), the council must, by bylaw, do the following:
(a) designate the appropriate business area as a mountain resort business improvement area;
(b) name the applicant to which the money will be granted;
(c) establish the maximum amount of money to be granted;
(d) require that the money granted must be expended only
(i) by the applicant to which the money is granted, and
(ii) for a business promotion scheme set out in the bylaw;
(e) require that all of the money granted to the applicant be recovered from the owners of land and improvements, within the mountain resort business improvement area, used during the year to operate a business that falls within a class of business specified in the bylaw.
(4) For the purpose of a requirement under subsection (3) (e), the council may levy and impose within the mountain resort business improvement area any or all of the following:
(a) a rate on land or improvements, or both;
(b) a frontage tax;
(c) other charges provided in this Act;
(d) a rate based on any factor set out in the bylaw.
(5) If the council imposes a rate or charge under subsection (4), the bylaw that imposes the rate or charge may set different rates or charges on different classes of business, as specified in the bylaw.
(6) Sections 362 and 363 apply with respect to a rate imposed under subsection (4) (d) and for this purpose, the bylaw under subsection (3) must establish a procedure to allow property owners to complain to the local court of revision about errors made in applying the bylaw to their property.
(7) If a council enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without restricting this, the bylaw must require the applicant to
(a) submit each year a budget for approval by the council,
(b) account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and
(c) take out and maintain insurance of the type and amount specified in the bylaw.
(8) Section 646 (6) (b) and (c), (7) and (8) applies to a bylaw under this section and, for these purposes, a mountain resort business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service.
(9) Sections 649 and 650 apply in respect of a mountain resort business improvement area as if it were a specified area.
(10) Part 11applies in respect of rates, taxes and charges imposed under this section.
(11) A bylaw designating a mountain resort business improvement area ceases to have effect on the earlier of
(a) 20 years from the date the bylaw comes into force, and
(b) a date specified in the bylaw.
(12) [Repealed 1997-25-60.]
235 (1) A council may provide for one or more of the following payments:
(a) all or part of the expenditures made or expenses incurred by a person other than an employee, officer or council member when, with prior authorization from the council, the person
(i) represents the municipality,
(ii) engages in municipal business, or
(iii) attends a meeting, course or convention;
(b) all or part of a premium required by an agreement under subsection (2).
(2) The council may enter into agreements for accident insurance coverage while on municipal business for members of a civic commission, advisory planning commission, board of variance or other body established by the municipality.
236 (1) A council may, by a vote of at least 2/3 of all members, pay a sum required for the protection, defence or indemnification of an officer or employee of the municipality or a council member if an action or prosecution is brought against the person in connection with the performance of the person's duties, or an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration of a department of the municipality or the conduct of a part of the municipal business, and costs necessarily incurred and damages recovered.
(2) A council must not pay a fine that is imposed on an officer, employee or council member as a result of the person's conviction for a criminal offence.
(3) A resolution or bylaw under subsection (1) is not invalid by reason only that a council member who would be entitled to payment under the resolution voted on it.
(4) A council may, by bylaw, provide that the municipality will indemnify an officer or employee of the municipality or a council member against a claim for damages against an officer, employee or council member arising out of the performance of the person's duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim.
(5) Subject to subsection (6), a council must not seek indemnity against an officer, employee or council member in respect of any action of the officer, employee or member that results in a claim for damages against the municipality.
(6) A council may seek indemnity against an officer, employee or member if
(a) the claim arises out of the gross negligence of that person, or
(b) in relation to the action that gave rise to the claim against the officer or employee, he or she wilfully acted contrary to the terms of the person's employment or an order of a superior.
(7) This section applies to the persons referred to in section 287 (1) (d), (g), (h), (i), (j), (k), (l), (n), (o) and (p) as though those persons were officers or employees.
237 A council may, by bylaw, expend money for one or more of the following purposes:
(a) to help a person, organization or other government establish, develop, maintain and operate airports, seaplane harbours and aircraft landing areas inside or outside the municipality;
(b) to inquire into railway or harbour improvements;
(c) to provide for receiving and entertaining distinguished guests;
(d) to honour persons who have, in the opinion of the council, brought honour to the municipality.
238 (1) A 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 community's history and heritage;
(c) to increase public awareness, understanding and appreciation of the community's history and heritage;
(d) for any other activities that it considers necessary or desirable with respect to the conservation of heritage property and other heritage resources.
(2) Despite section 225, a council may support and give financial assistance to activities referred to in subsection (1) when the activities are undertaken by others.
239 (1) A council must appoint a municipal clerk.
(2) In addition to the duties and powers established by the council, the municipal clerk has the following duties and powers:
(a) to have custody of the corporate seal and to cause it to be affixed as required;
(b) to ensure the preparation and safe preservation of the minute books and other records of the business of the council and its committees;
(c) to have custody of all bylaws, to ensure their proper completion and to ensure the preservation and safekeeping of the original bylaws;
(d) to keep on hand at least one certified copy of each bylaw and to make the copy available for examination by any person during regular office hours;
(e) to provide copies of bylaws and council minutes, other than minutes of a special council meeting from which persons have been excluded under section 195 for reasons of public interest, including in relation to this the power to charge a person requesting a copy the fee set under subsection (3);
(f) on request, to certify a document to be a copy of a bylaw if, in fact, the document is a copy of it;
(g) to administer oaths and take and receive affidavits, declarations and affirmations, in the municipality, required to be taken under this Act or any other Act relating to municipalities.
(3) The council may, by bylaw, set fees for the purposes of subsection (2) (e).
240 (1) A council must appoint a treasurer.
(2) In addition to the duties and powers established by the council, the municipal treasurer is responsible for the following:
(a) keeping or supervising the keeping of all funds and securities of the municipality;
(b) receiving all money paid to the municipality;
(c) disbursing the municipality's funds in accordance with the procedures laid down by bylaw of the council;
(d) keeping or supervising the keeping of a full account of all money received, receivable, disbursed and expended by the municipal treasurer or by another person for the municipality;
(e) keeping or supervising the keeping of a full account of all assets and liabilities, and of all transactions affecting the financial position of the municipality;
(f) preparing interim financial statements under any municipal regulations;
(g) compiling and supplying information on municipal financial affairs required by the inspector.
(3) The municipal treasurer may invest revenue funds, until required,
(a) in investments referred to in section 483 (1), and
(b) in pooled investment funds under section 16 of the Municipal Finance Authority Act.
(4) The municipal treasurer may inspect the records of and direct an official of the municipality or of a municipal body handling municipal funds, in matters involving the municipal treasurer's responsibility.
(5) It is a good defence to any action brought against the municipal treasurer for unlawful expenditure of municipal funds if it is proved that the municipal treasurer, in writing signed by that official, warned the council that in his or her opinion the expenditure would be unlawful.
241 (1) The council of a city, town or district may, by bylaw adopted by at least 2/3 of all council members,
(a) establish the position of municipal manager,
(b) make provision for the appointment of the municipal manager, and
(c) subject to subsection (3), delegate to the municipal manager any power conferred on the council by this Act.
(2) Before it is adopted, a bylaw under subsection (1) must receive the assent of the electors.
(3) A municipal manager does not have the power
(a) to pass bylaws or resolutions, or
(b) to appoint or dismiss the municipal clerk, municipal treasurer, chief election officer or auditor.
242 (1) A municipal manager continues in office until he or she resigns, is dismissed or is relieved of duties and powers by a vote of at least 2/3 of all council members.
(2) On the office of the municipal manager becoming vacant, the council must appoint another person as municipal manager if the bylaw under section 241 is still in force.
243 The municipal manager is the chief administrative officer of the municipality, and under the control of the council has the following responsibilities:
(a) to supervise and direct municipal affairs and employees;
(b) to put into effect and carry out council policies;
(c) to advise the council on matters within its control;
(d) to inspect and report on municipal works as the council requires;
(e) to be responsible for preparing for the council the estimates of revenue and expenditure annually or as the council requires;
(f) to prepare, or have prepared, and to award all contracts as the council specifies;
(f.1) to be responsible for appointing, promoting, disciplining and dismissing employees, subject to any restrictions and conditions established by bylaw;
(g) to carry out other duties established by bylaw or resolution.
244 [Repealed 1997-25-63.]
245 (1) Subject to this Act, a council may
(a) appoint or cause to be appointed persons to offices established by or under this Act as officer positions for the municipality,
(b) appoint or cause to be appointed other employees considered necessary for the good government of the municipality, and
(c) establish the powers, duties and responsibilities of officers and employees.
(2) In addition to the officer positions established by this Act, a council may, by bylaw, establish other officer positions for the municipality.
(3) The same person may be appointed to 2 or more offices or positions.
245.1 (1) Subject to the Employment Standards Act, the Labour Relations Code and this Act, a council may establish the terms and conditions of employment for officers and employees by contract of employment, by collective agreement or by bylaw.
(2) Without limiting subsection (1), a council may establish the remuneration, benefits, hours of work and manner of appointment, promotion, discipline and dismissal as terms or conditions of employment.
(3) In the event of a conflict between terms and conditions of employment established by bylaw and those established by contract of employment or collective agreement, the contract or agreement prevails over the bylaw.
(4) Subject to a contract of employment or a collective agreement, a council may, by bylaw, designate an officer or officer position as having authority to appoint, promote, discipline and dismiss employees, subject to the restrictions and conditions established by the bylaw.
246 A council may, by the affirmative vote of a majority of all council members, provide for the inclusion of the municipality in an employers' organization under the Labour Relations Code.
247 (1) Subject to a contract of employment and despite a bylaw, the engagement of an officer of a municipality may be terminated as follows:
(a) on reasonable notice, if the termination is approved by at least 2/3 of the council members;
(b) without notice, for cause, if the termination is approved by a majority of the council members.
(2) The persons who are officers for the purposes of this section are
(a) the municipal clerk, municipal treasurer, assessor, collector and municipal manager,
(b) the engineer and solicitor, if engaged on a full time salary basis, and
(c) a departmental head designated by bylaw as an officer of the municipality.
248 [Repealed 1997-25-65.]
249 Before entering on the duties of office, an officer of a municipality must make and subscribe an oath to the following effect:
I, ......................................................., do promise and swear that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of [insert name of office], to which I have been appointed for the .......................................... of [insert name], and that I have not received and will not receive any payment or reward, or promise of either, for the exercise of any partiality or other undue execution of my office.
Sworn, etc.
250 Before beginning employment, an officer or a permanent employee must take and subscribe an oath of allegiance in the following form:
I, ......................................................., do promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors.
Sworn, etc.
251 (1) Without limiting section 245.1 (2), a council may enter into agreements for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies.
(2) A council may provide for one or more of the following payments:
(a) all or part of a premium for an agreement under subsection (1);
(b) all or part of the expenditures made or expenses incurred by an employee or officer when the employee or officer is
(i) representing the municipality,
(ii) engaging in municipal business, or
(iii) attending a meeting, course or convention;
(c) an allowance, daily or otherwise, for expenses incurred by an employee or officer when performing activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.
252 (1) Those employees designated by a council must be bonded for the obligation, in the amount and with the surety the council directs.
(2) The premium, if any, required by subsection (1) must be paid by the municipality.
253 This Division applies to administrative officers of all municipalities and regional districts, whether or not incorporated under this Act.
254 (1) There is to be a board of examiners for the purposes of this Division, composed of 3 members appointed by the Lieutenant Governor in Council on the recommendation of the minister, of whom
(a) one must be nominated by the Union of British Columbia Municipalities,
(b) one must be nominated by the Municipal Officers' Association of British Columbia, and
(c) one must be nominated by the minister.
(2) The members of the board hold office for a term of 3 years or until their successors are appointed.
(3) If a vacancy occurs because of the death or resignation of a member, the member's successor must be nominated and appointed in the same manner as the member originally nominated and appointed.
(4) The members of the board must not receive remuneration for their services, but must be paid by the Ministry of Municipal Affairs the amount of their travelling and other personal expenses necessarily incurred by them in the discharge of their official duties.
(5) A member of the board may be nominated and reappointed for further terms.
255 (1) The board may do one or more of the following:
(a) establish standards of proficiency for municipal employment according to office and grades;
(b) grant certificates according to grades and skill to persons possessing the qualifications and meeting the standards of proficiency;
(c) set and hold examinations for, or pass on the credentials of, a person who is a candidate for a certificate;
(d) cancel a certificate on proof of dishonesty or gross negligence on the part of the holder.
(2) The records of the board and the clerical duties in connection with them are the responsibility of the inspector.
256 (1) The powers and duties of the board must be exercised and performed in accordance with regulations made by the board with the approval of the Lieutenant Governor in Council on the recommendation of the minister.
(2) With the same approval referred to in subsection (1), the board may make regulations governing examinations, certificates and any other matter within the jurisdiction of the board.