|This archived statute consolidation is current to October 27, 2010 and includes changes enacted and in force by that date. For the most current information, click here.|
|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
Part 15 — Specific Regional District Service Powers
Division 1 and 2
Division 3 — Fire Protection
522 (1) Subject to the Fire Services Act and the regulations under it, a board may, by bylaw, do one or more of the following:
(a) authorize the fire chief to
(i) enter on property and inspect premises for conditions that may cause a fire, increase the danger of a fire or increase the danger to persons or property from a fire,
(ii) take the measures described in the bylaw to prevent and suppress fires, including the demolition of buildings and other structures to prevent the spreading of fire, and
(iii) exercise some or all of the powers of the fire commissioner under section 25 of the Fire Services Act, and for these purposes that section applies;
(b) require the owners or occupiers of real property to remove from a building or yard anything that, in the opinion of the fire chief, is a fire hazard or increases the danger of fire;
(c) if property is endangered by debris caused by lumbering, land clearing or industrial operation, require the person who is carrying on or who has carried on the operation, or the owner or occupier of the land on which the debris exists, to
(i) dispose of the debris, and
(ii) undertake any other actions for the purpose of removing or reducing the danger
as directed by the bylaw or by the fire chief;
(d) deal with any matter within the scope of the Fire Services Act in a manner not contrary to that Act or the regulations under it.
(2) The authority of the fire chief under a bylaw under subsection (1) may be exercised by a person under the authority of the fire chief or by another person designated in the bylaw.
Division 4 — Health
523 (1) Subject to the Public Health Act, a board may, by bylaw,
(a) regulate and prohibit for the purposes of maintaining, promoting or preserving public health or maintaining sanitary conditions, and
(b) undertake any other measures it considers necessary for those purposes.
(2) Section 9 [spheres of concurrent authority] of the Community Charter applies to a bylaw under subsection (1).
(3) As a further limit on subsection (1), a board must not fluoridate the water supply unless the bylaw has received the assent of the electors.
Division 6 — Sewers, Storm Drains and Drainage
540 A board may, by bylaw,
(a) regulate and prohibit the design and installation of drainage and sewerage works provided by persons other than the regional district, and
(b) require owners of real property to connect their buildings and structures to the appropriate sewer or drain connections in the manner specified in the bylaw.
541 A board may, by bylaw, make a watercourse part of the regional district drainage system, whether the watercourse is on a highway or on regional district or private land.
542 (1) In this section and section 543, "stream" means a stream as defined in the Water Act.
(2) A board may, by bylaw,
(a) establish requirements that must be met by persons undertaking the construction of
(ii) works to maintain the proper flow of water in a stream, ditch, drain or sewer in the regional district, or
(iii) works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream, or any other cause, and
(b) establish requirements that must be met by owners of dikes.
543 (1) For the purpose of constructing works referred to in subsection (2), a board may appropriate the land that constitutes the channel or bed of a stream that passes through the regional district, without compensation to the owner.
(2) The power under subsection (1) may be exercised in relation to one or more of the following:
(b) works to maintain the proper flow of water in a stream, ditch, drain or sewer in the regional district;
(c) works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream, or any other cause;
(d) works to protect all or part of the banks of the stream from erosion or damage;
(e) works to make a watercourse part of the regional district drainage system, whether the watercourse is on a highway or regional district or private land;
(f) works through, under or over land adjoining a highway to protect the highway from damage by water.
(3) Before exercising the power under subsection (1), the board must, by bylaw, define the channel or bed of the stream.
(4) A certified copy of every bylaw under subsection (3), together with a plan showing the channel or bed of the stream as defined in the bylaw, must be filed in the land title office of the district in which the land affected is located.
544 (1) This section applies if a board considers that
(a) the drainage of surface water from outside the regional district into or through an area inside the regional district should be prevented, diverted or improved, or
(b) drainage of or from an area in the regional district should be prevented, continued beyond the regional district, diverted or improved,
and proposes to undertake works for these purposes.
(2) Before undertaking the proposed works, notice must be
(a) given to any other local government whose area may be affected, and
(b) served on all owners of land that may be affected.
(3) The notice under subsection (2) must state
(a) the place in the regional district where details of the project may be inspected, and
(b) the date by which objections to the project must be received by the regional district.
(4) The date under subsection (3) (b) must be at least one month after the date on which the notice is given under subsection (2).
(5) On application, the Supreme Court may order that the notice under subsection (2) (b) may be served by substituted service in accordance with the order.
(6) The designated regional district officer must make a full report to the inspector on all objections received.
(7) On the application of a board, the minister may authorize works proposed under this section on the terms of compensation and cost to owners of land affected that the minister considers proper.
546 Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter applies to regional districts in relation to matters referred to in section 75 [harm to drainage or dike] of that Act.
547 (1) If a dike is crossed by a highway or private road, the level of the dike must not be interfered with.
(2) If the top of a dike forms a portion of a highway, it is the duty of the board to maintain it at a constant level, and to repair all injury directly or indirectly caused to the dike by its use as a highway.
(3) For certainty, a board's duty under subsection (2) is limited to the highway as a highway and, except as otherwise required, does not extend to or include repair or maintenance of the dike as distinct from the highway.
(4) As an exception, subsection (2) does not apply if the board has granted a diking commission the privilege of using the existing road for a dike.
548 A board may make agreements with adjoining municipalities or regional districts, and also with the owner of any land, through, on or in which runs a natural stream or watercourse, for one or more of the following:
(a) constructing, enlarging or maintaining a culvert, ditch, flume, embankment or other work;
(b) removing obstructions from the stream or watercourse to lessen or prevent the danger of flooding from it;
(c) the granting, expending or accepting of money for the purposes referred to in paragraphs (a) and (b), even though the work may not be located in the municipality or regional district granting, expending or accepting the money or entering into the agreement.
Division 7 — Waste and Recycling
550 A board may, by bylaw, do one or more of the following:
(a) require persons to use a waste disposal or recycling service, including requiring persons to use a waste disposal or recycling service provided by or on behalf of the regional district;
(b) require owners or occupiers of real property to remove trade waste, garbage, rubbish and other matter from their property and take it to a specified place;
(c) require the emptying, cleansing and disinfecting of private drains, cesspools, septic tanks and outhouses, and the removal and disposal of refuse from them.
Division 8 — Miscellaneous
551 (1) Subject to the Transportation Act, a board may, by bylaw, regulate the erection, placing, alteration, maintenance, demolition and removal of a sign, sign board, advertisement, advertising device or structure, or any class of them.
(2) For the purpose of subsection (1), a board may
(a) classify structures, things and the whole or a portion of a highway, and
(b) make different regulations for
(i) different zones established under a zoning bylaw, and
(ii) different classes of highways and portions of them.
552 A board may require a person using a local government right of way other than a highway to provide the regional district, if reasonably possible, with accurate plans and profiles of any of their works and facilities using the right of way.
555 (1) The authority of a regional district under the following provisions is subject to the applicable provisions of the Water Act:
section 541 [watercourse may be included in drainage system];
section 542 [requirements respecting drainage works];
section 543 [appropriation of stream channel or bed];
section 544 [control of drainage];
section 548 [interjurisdictional watercourses].
(2) In addition, the following authorities of a regional district are subject to the applicable provisions of the Water Act:
(a) the authority to acquire, manage, extend and remove
(i) works to maintain the proper flow of water in a stream as defined in the Water Act, ditch, drain or sewer in the regional district,
(ii) dikes, or
(iii) works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream as defined in the Water Act, or any other cause;
(b) the authority to regulate a wharf, dock, warehouse or slip owned, held or managed by the regional district.
Contents | Part 1 | Part 1.1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 5.1 | Part 5.2 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30
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