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774 In the application of the other provisions of this Act or the Community Charter to regional districts, references are to be read as follows:
| Reference | To be read as |
| municipality............................... | regional district |
| council...................................... | board |
| mayor....................................... | chair |
| councillor.................................. | director |
| municipal officer........................ | regional district officer |
Division 1.1 — Continuation of Regional Districts and Services
774.1 (1) Every regional district incorporated before this Part came into force on July 1, 1989 is continued as a corporation and is vested with the powers conferred on it by this Act.
(2) All bylaws validly adopted by a board before this Part came into force continue in force.
774.2 (1) In this section:
"previous continuation authority" means the authority to provide services under section 775 (3) to (8), as that section read immediately before the transition date;
"continued service" means a service provided by a regional district immediately before the transition date;
"transition date" means the date when this section came into force.
(2) Subject to this section, a regional district continues to have the power to provide a continued service as follows:
(a) if, immediately before the transition date,
(i) the service is one that was authorized under the previous continuation authority, and
(ii) no bylaw that was deemed under the previous continuation authority to be an establishing bylaw has been adopted in relation to the service,
the service may be continued in accordance with the previous continuation authority and, for these purposes, that authority is deemed not to have been repealed;
(b) if the service is one referred to in section 800.1 (2) (b) or (c) [development services and social planning], or is another service for which an establishing bylaw was not required before the transition date, the service may be continued without an establishing bylaw.
(3) If a board exercises a power to provide a continued service under subsection (2), it may
(a) adopt a bylaw in accordance with subsection (5) to convert the service to one exercised under the authority of an establishing bylaw, and
(b) by the same bylaw, amend the power to the extent that it could if the power were in fact exercised under the authority of an establishing bylaw.
(4) A board must adopt a bylaw under subsection (3) in relation to a continued service if any changes are made to the service area, participants, method of cost recovery or apportionment of costs in relation to the service.
(5) A bylaw under subsection (3) must
(a) meet the requirements of section 800.1 [required content] for an establishing bylaw, and
(b) be adopted in accordance with section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.
(6) A bylaw under subsection (3) is deemed to be an establishing bylaw for the service in respect of which it is adopted.
Division 2 — Corporate Structure
776 On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a regional district for the purpose of exercising powers conferred on the regional district under this Act or under any other enactment.
777 (1) Letters patent incorporating a regional district must specify the following:
(a) the name and boundaries of the regional district;
(b) the municipalities and electoral areas that comprise the regional district;
(c) the boundaries of each electoral area in the regional district;
(d) the voting unit for the regional district, by specifying the number of persons used to calculate the number of votes referred to in section 783 (2);
(e) the last date for appointment of municipal directors to the first board;
(f) the time and manner of the first election of electoral area directors;
(g) the chief election officer and the voting places for the first election under paragraph (f);
(h) the date, time and place of the board's first meeting;
(i) the sums that may be borrowed to meet the current lawful expenditures of the regional district in the year of incorporation and, if considered necessary, for the next year;
(j) the dates that may be observed initially, and once only, in place of statutory dates.
(k) [Repealed 2000-7-89.]
(l) [Repealed 2008-42-62.]
(2) No part of an electoral area may be in a municipality.
(3) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, do one or more of the following:
(a) specify the divisor used to calculate the number of directors referred to in section 783 (5);
(b) change the name of a regional district;
(c) amend the voting unit referred to in subsection (1) (d);
(d) redefine the boundaries of an electoral area, establish a further electoral area or eliminate an existing electoral area.
(e) [Repealed 2008-42-62.]
(4) [Repealed 2008-42-62.]
777.1 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, alter the boundaries of a regional district to include an area not in a regional district.
(2) Before making a recommendation under subsection (1), the minister must
(a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and
(b) notify the regional district that will be affected by the proposed recommendation.
780 (1) On the recommendation of the minister, the Lieutenant Governor in Council may,
(a) amalgamate 2 or more regional districts by
(i) revoking, by order, their letters patent, and
(ii) incorporating the new regional district under section 776,
(b) by letters patent, alter the boundaries of 2 or more adjoining regional districts by reducing the area of one and increasing the area of another by the inclusion of the area withdrawn into the district that is increased, or
(c) divide a regional district into 2 or more regional districts by
(i) revoking, by order, their letters patent, and
(ii) incorporating the new regional districts under section 776,
(2) Before making a recommendation under subsection (1), the minister must
(a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and
(b) notify all regional districts that will be affected by the proposed recommendation.
(3) Letters patent under subsection (1) may not be issued for 6 months after notice has been given under subsection (2) (b).
(4) In a recommendation under subsection (1), the minister must specify a proposed allocation or division of the rights, property, assets and obligations of the districts affected.
(5) In letters patent incorporating a regional district referred to in subsection (1) (a) (ii) or (c) (ii) or in letters patent referred to in subsection (1) (b), the Lieutenant Governor in Council may do one or more of the following:
(a) transfer to and vest in a regional district any of the rights, property and assets of another regional district;
(b) transfer to and declare as assumed by a regional district any of the obligations of another regional district;
(c) provide that a bylaw or resolution of the board having jurisdiction before the amalgamation, alteration or division does not remain in force under subsection (7);
(d) require the board of the regional district to amend or repeal by a specified date a bylaw or resolution that remains in force under subsection (7);
(e) deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to another regional district.
(6) [Repealed 2008-42-64.]
(7) Subject to the letters patent, the bylaws and resolutions of boards that had jurisdiction before the amalgamation, alteration or division remain in force until they are amended or repealed by the board having jurisdiction following the amalgamation, alteration or division.
(8) Sections 31 [rights and liabilities not affected by revocation and reissue of letters patent] and 32 [existing licences preserved] apply in respect of regional districts referred to in this section.
781 (1) In this section, "community planning area" means an area of the Provincial Community Planning Local Area under the Local Services Act that is designated as a community planning area under that Act.
(1.1) If a community planning area is dissolved and the area of land comprising the community planning area is in a regional district, the Lieutenant Governor in Council may, by order, do one or more of the following:
(a) provide that all or part of the community planning area be a service area under this Part;
(b) continue in force any regulations made by the minister relating to the community planning area as bylaws of the regional district applicable to the area of the regional district to which they applied as regulations until those bylaws are amended or repealed by the board;
(c) specify a date for the purposes of subsection (4).
(1.2) If an improvement district is dissolved or the letters patent of an improvement district are amended to modify or repeal an object of the improvement district and the area of land comprising the improvement district is in a regional district, the Lieutenant Governor in Council may, by order, do one or both of the following:
(a) provide for the continuation of a service of the improvement district as a service of the regional district by
(i) describing the service, and
(ii) defining the boundaries of the service area;
(b) specify a date for the purposes of subsection (4).
(2) If provision is made for a service area under subsection (1.1) or (1.2), the board must adopt a bylaw in respect of the service that
(a) meets the requirements of section 800.1 [required content] for an establishing bylaw and is consistent with the order under subsection (1.1) or (1.2) of this section, and
(b) is adopted in accordance with section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.
(3) A bylaw under subsection (2) is deemed to be an establishing bylaw for the service in respect of which it is adopted.
(4) A bylaw under subsection (2) must be adopted on or before the date specified under subsection (1.1) (c) or (1.2) (b) or, if no date is specified, within a reasonable period after that order comes into effect.
(5) If no date is specified under subsection (1.1) (c) or (1.2) (b), the Lieutenant Governor in Council may in a later order specify a date and, if this is done, a bylaw under subsection (2) must be adopted on or before the date specified.
782 (1) If letters patent incorporate an area in the regional district as a new municipality, the new municipality becomes a member of the regional district on the date of incorporation, with representation determined in accordance with section 783.
(2) If letters patent incorporate a new municipality or extend the boundaries of an existing municipality, and all or part of a service area is in the new municipality or the extension of the existing municipality, the Lieutenant Governor in Council may, by letters patent for the regional district, do one or more of the following:
(a) transfer from the regional district to the municipality the jurisdiction for the service in respect of all or a specified part of the service area;
(b) require the regional district to administer on behalf of the municipality the service transferred under paragraph (a) until a specified date after the effective date of the transfer;
(c) require the municipality to pay to the regional district an amount for administering the service on behalf of the municipality;
(d) specify an amount or establish formulas, rules or ratios for determining an amount payable under paragraph (c).
(2.1) The municipality and the regional district may enter into an agreement that modifies
(a) a requirement under subsection (2) (b) or (c), or
(b) an amount specified or a formula, rule or ratio established under subsection (2) (d).
(3) Letters patent under subsection (2) may do one or more of the following:
(a) transfer to and vest in the municipality any of the regional district's rights, property and assets that relate to the transferred service;
(b) transfer to and declare as assumed by the municipality any of the regional district's obligations that relate to the transferred service;
(c) provide that a bylaw of the regional district does not continue in force under section 24 (2);
(d) continue in force any resolutions of the regional district as resolutions of the municipality applicable to the area of the municipality to which they applied as resolutions of the regional district until those resolutions are amended or repealed by the council of the municipality;
(e) require the council of the municipality to amend or repeal by a specified date a bylaw continued under section 24 (2) or a resolution continued under paragraph (d) of this subsection;
(f) deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the municipality.
(4) If jurisdiction for a service is transferred to the municipality by letters patent under subsection (2), the effective date of the transfer is the date of the letters patent unless an order under subsection (4.1) applies.
(4.1) The minister may, by order, specify a later date on which the transfer is effective and, if such an order is made, the jurisdiction of the regional district governing the service continues in force until that later date.
(4.2) On the effective date of the transfer under subsection (2) (a) of jurisdiction for a service in respect of a specified part of the service area, the service area for the service provided by the regional district is deemed to be reduced to exclude the specified part of the service area for which jurisdiction was transferred.
(5) If letters patent incorporate a new municipality and only a part of a service area is in the new municipality, the service is continued under the jurisdiction of the regional district unless it is transferred under subsection (2) (a).
(6) If letters patent are issued extending or reducing the boundaries of a municipality, the voting power of the municipality under section 783 must be adjusted effective January 1 in the year following the date of issue.
(7) Subsection (8) applies if, as a consequence of the incorporation of a new municipality or the alteration of boundaries of an existing municipality, the council and the board are unable to resolve a difference that may arise between them on
(a) the question of administration of matters in their respective jurisdictions,
(b) the allocation of resources or costs, or
(c) any other matter that, in the opinion of the minister, requires solution.
(8) In the circumstances referred to in subsection (7), after considering the representations of the parties, the minister may make an order, not inconsistent with this Act or letters patent of the municipality or regional district, directing the council and the board, or either, to act in a manner consistent with the terms of settlement set out in the order.
(9) The council and the board must comply with the terms of an order under subsection (8) according to its intent.
782.1 (1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent or by order, do one or more of the following in relation to the incorporation of a regional district, the establishment or elimination of an electoral area, the redefinition of the boundaries of an electoral area or the alteration of the boundaries of a regional district:
(a) impose requirements on the regional district;
(b) restrict the powers of the regional district;
(c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;
(d) in respect of a provision included in the letters patent or order under paragraphs (a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.
(2) Despite this or any other Act, letters patent of a regional district or an order of the Lieutenant Governor in Council under this Part may establish any terms and conditions the Lieutenant Governor in Council considers appropriate in respect of any matter related to the letters patent or order.
(3) As restrictions, in exercising a power under this section, the Lieutenant Governor in Council may not do the following:
(a) override an absolute prohibition contained in an enactment;
(b) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.
Division 3 — Government and Procedure
783 (1) A board consists of municipal directors and electoral area directors.
(2) The number of votes to which each municipality and each electoral area is entitled is
(a) the number obtained by dividing the population of the municipality or electoral area by the voting unit specified in the letters patent, or
(b) if the quotient under paragraph (a) is not an integer, the next greater integer to that quotient.
(3) [Repealed 2003-52-336.]
(4) A change in the population of a municipality or an electoral area established by census, for purposes of the voting power on that board, takes effect in the year following the year in which that census was taken.
(5) The number of directors to which each municipality is entitled is
(a) the number obtained by dividing the number of votes to which that municipality is entitled under subsection (2) by 5 or, if otherwise specified in letters patent for the regional district, by the other number specified, or
(b) if the quotient under paragraph (a) is not an integer, the next greater integer to that quotient.
(6) The votes of a municipality referred to in subsection (2) are to be equally distributed by the council among the directors from that municipality.
(7) If equal distribution is not possible under subsection (6),
(a) the council must assign the municipality's votes to each director as evenly as possible, but in no case may the difference between the maximum and minimum number of votes assigned be greater than one, and
(b) the municipal corporate officer must notify the regional district corporate officer of the assignment made under paragraph (a).
784 (1) After the first appointment under section 777 (1) (e), each municipal director is to be appointed at pleasure by the council from among its members.
(2) The term of office of a municipal director
(a) begins when the person takes office in accordance with section 210 (3) [oath of office], and
(b) continues until the earliest of
(i) another director taking office in the original director's place,
(ii) the director ceasing to be a member of the council before the next general local election, and
(iii) December 31 in the year of a general local election.
(3) [Repealed 2003-52-337.]
785 (1) After the first election under section 777 (1) (f), elections for electoral area directors are to be conducted in accordance with Part 3.
(2) [Repealed 2003-52-337.]
(3) The term of office of an electoral area director elected at the time of the 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 210 (3) [oath of office], 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 director's successor takes office, whichever is later.
786 (1) The council of a municipality may appoint a council member as an alternate director.
(2) The alternate director may take the place of, vote and generally act in all matters for an absent municipal director, including a matter delegated to that director by the board.
(2.1) If there is more than one municipal director, the authority under subsection (1) may be exercised either
(a) by specifying for each municipal director, the council member who is the alternate director for that municipal director, or
(b) by appointing a number of alternate directors and establishing a system to determine which alternate director is to act in the place of any absent municipal director.
(2.2) As a restriction on subsection (2.1) (b), at any one time an alternate director may only act in place of a single municipal director.
(3) If the council appoints an alternate director, the municipal corporate officer must notify the regional district corporate officer of the appointment in writing.
(4) An alternate director holds office as alternate director until another council member is appointed as a replacement and the regional district corporate officer has been notified of the new appointment.
(5) If the seat of a municipal director becomes vacant through resignation, disqualification or death, the alternate director appointed under subsection (1) becomes the municipal director in place of the director whose seat became vacant until a new director is appointed.
787 (1) An electoral area director must appoint, as an alternate director, a person who has the qualifications necessary to be nominated as a director for that electoral area.
(2) On behalf of an absent electoral area director, the alternate director appointed under subsection (1) may take the place of, vote and generally act in all matters for the absent electoral area director, including in relation to a matter delegated to that director by the board.
(3) An appointment under subsection (1) takes effect when
(a) the appointment has been approved in writing by 2 electors who reside in the electoral area that the director represents, and
(b) the director notifies, in writing, the regional district corporate officer of the appointment of the alternate.
(4) If the office of an electoral area director becomes vacant through resignation, disqualification or death,
(a) the alternate director holds the office until that person's successor takes office following the next election for the office, or
(b) if the alternate director is unable or unwilling to hold office as director, the board must appoint another person who has the qualifications to be nominated as a director for the electoral area and that person holds the office as provided in paragraph (a).
(5) The electoral area director who appointed an alternate director may appoint, as a replacement for the alternate director, another person who has the qualifications necessary to be nominated as a director for that electoral area.
(6) An alternate director holds office as alternate director until a replacement is appointed under subsection (5) or until the next general local election, whichever is earlier.
787.1 (1) The following provisions of the Community Charter apply to regional districts:
Division 6 [Conflict of Interest] of Part 4;
Division 7 [Disqualification] of Part 4;
section 117 [duty to respect confidentiality];
section 282 (2) (e) [regulations in relation to Division 6 of Part 4].
(2) For the purpose of subsection (1), a reference to a delegate in section 102 (1) (c) [restrictions on inside influence] of the Community Charter is to be read as a reference to a delegate under section 176 (1) (e) [delegation of board authority] of this Act.
(3) Section 110 (1) (a) [disqualification for failure to take oath] of the Community Charter does not apply in relation to alternate directors, and for other directors the applicable time is the time established by section 210 of this Act.
791 (1) All resolutions and every reading and the adoption, amendment or repeal of all bylaws must, except as otherwise provided, be decided by
(a) a majority of the votes cast, and
(b) voting in accordance with subsections (2) to (17).
(2) Except as otherwise provided, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, each director who is present
(a) is entitled to vote, and
(b) has one vote.
(3) Without limiting subsection (2), voting on the following matters must be in accordance with that subsection:
(a) establishing bylaws for services;
(b) bylaws exercising a regulatory authority in relation to a regulatory service;
(c) resolutions and bylaws establishing services for which no establishing bylaw is required;
(d) resolutions and bylaws on the general conduct of the board's business, including bylaws under sections 793 and 794;
(d.01) resolutions and bylaws to exclude the determined value of eligible property from the apportionment for an eligible service under section 804.11 [exclusion of property under creditor protection from apportionment];
(d.1) resolutions appointing a director under section 813.02 (2) (c) [appointment of representative in relation to service disputes];
(e) resolutions dispensing with the consent of an electoral area director under section 801.5 (3), or that section as it applies under section 802 (2) or 823.1 (3);
(f) resolutions and bylaws under Part 25, except as provided in subsection (16);
(g) subject to subsections (12) and (13), resolutions and bylaws under Part 26, other than bylaws referred to in paragraph (b).
(4) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a service, other than the service referred to in section 800 (2) (a) [general administration], each director who is present and who represents a participating area for the service
(a) is entitled to vote, and
(b) subject to the establishing bylaw, has the number of votes assigned to that director under section 783 (2).
(5) Without limiting subsection (4), voting on the following matters must be in accordance with that subsection:
(a) bylaws imposing fees or charges;
(b) bylaws under section 806.1 (2) [parcel tax collection in electoral areas] providing for the preparation of an assessment roll;
(c) bylaws exercising a regulatory authority, other than bylaws referred to in subsection (3) (b).
(6) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws referred to in subsection (7), each director who is present
(a) is entitled to vote, and
(b) has the number of votes assigned to that director under section 783 (2).
(7) Voting on resolutions and bylaws on the following matters must be in accordance with subsection (6):
(a) authorizing persons to enter into contracts on behalf of the regional district;
(b) authorizing the acquisition, expropriation or disposal of real property;
(c) adopting the financial plan under section 815;
(d) authorizing borrowing and liabilities under Division 5 [Financial Operations] of this Part.
(8) On any question where the number of votes, including the vote of the person presiding, are equal, the question is defeated.
(9) Each director who
(a) is present at the time of a vote, and
(b) is entitled to vote on the matter,
must vote on the matter and must cast all available votes for the same objective.
(10) If a director who is entitled to vote does not indicate how he or she votes, the director is deemed to have voted in the affirmative.
(11) If, except for this subsection, only one director would be entitled to vote, each director who is present
(a) is entitled to vote, and
(b) has one vote.
(12) In relation to an agreement under section 804.1 (2) [cost sharing for Part 26 services],
(a) the director for the municipality is not entitled to vote on the resolution or bylaw authorizing the regional district to enter into the agreement,
(b) as soon as the agreement has been entered into, the director for that municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into any other agreement under that section, and
(c) while the agreement is in force, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 26 [Planning and Land Use Management] except in accordance with the agreement.
(13) In relation to a municipality that has given notice under section 804.1 (3) [withdrawal from participation in Part 26 services],
(a) as soon as the notice has been given, the director for the municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into an agreement under section 804.1 (2), and
(b) effective the year following the year in which the notice is given and continuing until the municipality again becomes a participant, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 26 except, if applicable, in relation to participation under section 804.1 (6) or (7) [limited continued participation].
(14) Subsections (2) to (7) do not apply to the Greater Vancouver Regional District.
(15) For the Greater Vancouver Regional District, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, except as otherwise provided, each director who is present and, if the resolution or bylaw is in respect of a service, who represents a participating area for that service,
(a) is entitled to vote, and
(b) subject to the establishing bylaw, has the number of votes assigned to that person under section 783 (2).
(16) Except as provided in subsection (17), if a resolution or bylaw under Part 25 is in relation to a regional growth strategy for an area that is less than the entire regional district, the directors who may vote are only those who represent a municipality or electoral area all or part of which is subject to the regional growth strategy.
(17) The voting rule in subsection (16) does not apply to votes on
(a) initiation of the regional growth strategy,
(b) boundary changes for the area to which the regional growth strategy is to apply,
(c) implementation agreements under section 868, or
(d) acceptance of a regional growth strategy for an adjoining regional district.
792 (1) At the first meeting held after December 1 in each year, the board must elect a chair and a vice chair.
(2) The vice chair has, during the absence, illness or other disability of the chair, all the powers of the chair and is subject to all rules applicable to the chair.
(3) If the chair and the vice chair are not present at a meeting of the board, the directors present may elect an acting chair who, during that meeting, has all the powers of the chair and is subject to all rules applicable to the chair.
(4) For the purposes of elections under this section, each director present at the meeting has one vote in each election for an office.
(5) and (6) [Repealed 2003-52-342.]
793 (1) and (2) [Repealed 1999-37-166.]
(3) On the request of the chair or of any 2 directors, the corporate officer must call a special meeting by notice that
(a) states the general purpose and the day, hour and place of the meeting, and
(b) is mailed at least 5 days before the date of the meeting to each director at the address given by the director to the corporate officer for that purpose.
(4) The notice of any special meeting referred to in subsection (3) may be waived by a unanimous vote.
(5) In the case of an emergency, notice of a special meeting
(a) may be given, with the consent of the chair and 2 directors, less than 5 days before the date of the meeting, and
(b) need not be given in writing.
(6) [Repealed 2006-03-15.]
(7) The following provisions of the Community Charter apply to regional districts:
Division 3 of Part 4 [Open Meetings];
section 133 [expulsion from meetings];
section 282 (2) (c) [regulations related to meeting rules].
(8) The minister may, by regulation applicable to one or more regional districts, make provision for obtaining and counting votes of the directors on urgent issues and adopting resolutions and bylaws on those issues without the necessity of holding a board meeting.
(8.1) A board member participating in a vote under subsection (8) is deemed to be present at a board meeting and a resolution or bylaw adopted under subsection (8) deemed to have been adopted at a board meeting.
(9) Regulations under subsection (8) may establish rules respecting
(a) mechanisms for submitting urgent issues to the directors,
(b) the manner in which votes will be submitted by them, and
(c) the counting of votes and subsequent ratification by the board of the resolutions and bylaws.
794 (1) A board must, by bylaw, do the following:
(a) establish the general procedures to be followed by the board and by board committees in conducting their business, including the manner by which resolutions may be passed and bylaws adopted;
(b) provide for advance public notice respecting the time, place and date of board and board committee meetings and establish the procedures for giving that notice;
(c) identify places that are to be public notice posting places for the purposes of the application of section 94 [requirements for public notice] of the Community Charter to the regional district.
(2) A procedure bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the corporate officer for that purpose, at least 5 days before the meeting at which the amendment is to be introduced.
(3) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a bylaw that does not require approval, consent or assent under this or any other Act before it is adopted may be adopted at the same meeting at which it passes third reading if the motion for adoption receives at least 2/3 of the votes cast.
(4) Division 2 [Challenge of Bylaws] of Part 6 applies to regional districts.
(5) The following provisions of the Community Charter apply to regional districts:
section 97 [other records to which public access must be provided];
section 122 [exercise of powers by bylaw or resolution];
section 134 [authority to compel witnesses];
Division 3 [Bylaw Procedures] of Part 5;
section 162 [certified copies of municipal records];
section 163 [evidence of municipal bylaws and other records].
795 (1) A board may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.
(2) The chair may establish standing committees for matters the chair considers would be better dealt with by committee and may appoint persons to those committees.
(3) Subject to subsection (4), persons who are not directors may be appointed by the board to a select committee or by the chair to a standing committee.
(4) At least one member of each select and standing committee must be a director.
Division 3.1 — Treaty First Nations and Regional Districts
795.1 (1) For the purpose of applying the provisions of this Act or the regulations in relation to the participation of a treaty first nation as a member of a regional district,
(a) a reference to "municipality" within the meaning of paragraph (a) of its definition in the Schedule to the Community Charter must be read as a reference to the treaty first nation,
(b) a reference to "municipality" within the meaning of paragraph (b) of its definition in the Schedule to the Community Charter must be read
(i) as a reference to the treaty lands of the treaty first nation, and
(ii) if in relation to a regional district, as the portion of those treaty lands that are within the boundaries of the regional district,
(c) a reference to "council" must be read as a reference to the governing body of the treaty first nation,
(d) a reference to "municipal director" must be read as a reference to the treaty first nation director of the treaty first nation,
(e) a reference to "municipal participating area" must be read as a reference to a treaty first nation participating area of the treaty first nation,
(f) a reference to "mayor" must be read as a reference to the head of the treaty first nation,
(g) a reference to a bylaw of a municipality must be read as a reference to a law of the treaty first nation,
(h) a reference to "official community plan" must be read as a reference to the land use plan of the treaty first nation, and
(i) the references to "municipal corporate officer" in sections 783 (7) and 786 (3) must be read as references to the officer or employee designated by the treaty first nation for the purposes of giving notice to the regional district corporate officer under those sections.
(2) For the purpose of applying the provisions of this Act or the regulations in relation to the participation of a treaty first nation as a member of a regional district,
(a) references to "local government" do not include treaty first nations except in
(i) sections 40 [costs of elections], 41 [appointment of election officials], 66 (2) (b) [who may hold elected office] and 102 [use of voting machines],
(ii) Divisions 9 [Voting Opportunities], 11 [Conduct of Voting Proceedings], 14 [Judicial Recount] and 16 [Final Proceedings] of Part 3 [Electors and Elections] and Divisions 3 [Other Voting Proceedings] and 4 [Scrutineers] of Part 4 [Other Voting], and
(iii) Division 4.5 [Dispute Resolution in Relation to Services] of this Part [Regional Districts], and
(b) except for the purpose referred to in section 795.11 (3), references to "jurisdiction" in Divisions 1 to 8 of Part 3, other than in the definition of "voting opportunity" in section 33 and in section 40, do not include a treaty first nation.
795.11 (1) If a final agreement provides for the membership of the treaty first nation in a regional district,
(a) this Act, as modified by this Division, applies to the treaty first nation as a member as if the treaty first nation were a municipality in the regional district, and
(b) the treaty first nation director has the same functions, powers, duties and obligations, as modified by this Division, as a municipal director.
(2) For certainty, to the extent that the Community Charter applies to a regional district of which a treaty first nation is a member, or to a director as a member of the board, the Community Charter applies to the treaty first nation as a member of the regional district and to the treaty first nation director as a member of the board.
(3) Except as provided in section 795.3 (2) [treaty first nation electors], for the purpose of applying provisions of the Community Charter to a regional district of which a treaty first nation is a member, "elector" in relation to the treaty first nation and its treaty lands must be read as a reference to individuals who would be qualified to register as a resident elector or non-resident property elector of the treaty lands of that treaty first nation if the treaty lands were a municipality.
795.12 (1) If the final agreement of a treaty first nation provides for membership of the treaty first nation in a regional district on a specified date, the Lieutenant Governor in Council may issue letters patent to
(a) include in the regional district the treaty first nation and all or the portion of the treaty lands that, before the effective date of the final agreement, were within the boundaries of the regional district, and
(b) subject to this Act, do everything necessary to enable that membership in accordance with the final agreement,
effective on the specified date.
(2) If on a specified date referred to in subsection (1) the letters patent of the applicable regional district have not been amended or reissued, the letters patent are deemed amended to include the treaty lands described in subsection (1) (a).
795.2 (1) If a treaty first nation is a member of a regional district, the board of the regional district consists of municipal directors, treaty first nation directors and electoral area directors.
(2) For certainty, section 783 [composition and voting rights] applies for the purpose of determining the number of directors and votes to which a treaty first nation is entitled.
(3) A treaty first nation must appoint a director to a board from among the elected members of its governing body.
(4) To be eligible for appointment under subsection (3), the person must be qualified to hold office as a member of a local government in accordance with section 66 [who may hold elected office].
(5) Section 67 (2) (a) and (3) (b) [disqualification of local government employees] does not apply in relation to a person referred to in subsection (3).
795.21 (1) Section 784 (2) [appointment and term of office of municipal directors] does not apply in relation to a treaty first nation director.
(2) The term of office of a treaty first nation director
(a) begins when the person takes office in accordance with section 210 (3) [oath of office], and
(b) continues until the earliest of the following occurs:
(i) another director takes office in the original director's place;
(ii) the director ceases to be an elected member of the governing body of the treaty first nation before the end of the director's term of office as a member of that body;
(iii) the director ceases to be qualified to hold office under section 66 [who may hold elected office];
(iv) the director's term of office as a member of the governing body of the treaty first nation ends.
795.22 (1) Section 786 (1) [alternate municipal directors] does not apply in relation to a treaty first nation.
(2) A treaty first nation may appoint as an alternate director an elected member of its governing body who is qualified to hold office as a member of a local government in accordance with section 66.
(3) Section 67 (2) (a) and (3) (b) [disqualification of local government employees] does not apply in relation to the elected member appointed under subsection (2).
795.3 (1) For the purposes of the application of Part 4 [Other Voting] in relation to the membership of a treaty first nation in a regional district,
(a) section 161 (1), (2), (4), (5) and (6) [who may vote at other voting] does not apply, and
(b) individuals may vote if they
(i) are qualified to do so under a law of the treaty first nation enacted for the purposes of this section, and
(ii) register in accordance with that law.
(2) For the purpose of obtaining participating area approval by alternative approval process within treaty lands, individuals may submit a response as an elector under section 86 of the Community Charter if they are qualified to vote under the law referred to in subsection (1) (b) of this section.
795.31 (1) This section applies only in relation to the treaty lands of treaty first nations that are not taxing treaty first nations.
(2) Except as provided in this section, Division 4.3 [Requisition and Tax Collection] of this Part does not apply in relation to the requisition and collection of taxes in treaty lands.
(3) Section 804.3 (1), (5) and (6) [tax base for property value taxes] applies in relation to a treaty first nation participating area as if the treaty first nation participating area were an electoral participating area.
(4) On or before April 10 in each year, the designated regional district officer must send to the minister charged with the administration of the Taxation (Rural Area) Act a requisition in respect of each service stating the amount required during the year in respect of each treaty first nation participating area.
(5) The amounts requisitioned under subsection (4) may be paid by the minister charged with the administration of the Financial Administration Act from the consolidated revenue fund.
(6) If a requisition is delivered under subsection (4), the amount requisitioned must be collected by the government as follows:
(a) in the case of an amount that is to be recovered by means of a property value tax, by imposing the tax within the treaty first nation participating areas in accordance with the Taxation (Rural Area) Act, using the applicable tax base authorized under section 804.3 [tax base for property value taxes] of this Act as it applies under subsection (3) of this section;
(b) in the case of an amount that is to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the treaty first nation participating areas, on the basis of the parcel tax roll under subsection (7).
(7) If a parcel tax is to be imposed under this section,
(a) the board must, by bylaw, provide for the preparation of a parcel tax roll for the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 of the Community Charter applies,
(b) the authenticated parcel tax roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and
(c) the authenticated parcel tax roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.
(8) An amount to be recovered under subsection (6) must be imposed by the government as if it were a tax, and the Taxation (Rural Area) Act and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalties and interest on unpaid taxes apply to taxes imposed under this section.
(9) For the purpose of applying section 804.11 [exclusion of property under creditor protection from apportionment] in relation to property taxation within treaty lands, in order to be effective for the requisition in the current year, the board must make an exclusion referred to in section 804.11 (2) before the requisition for that year in respect of the eligible service is sent to the minister under subsection (4) of this section.
(10) Section 363.2 (2) (b) does not apply in relation to a treaty first nation, but a statement referred to in that section must be sent to the Surveyor of Taxes in respect of any amount referred to in section 363.2 (1) in relation to the treaty lands of the treaty first nation.
(11) Section 363.2 (4) does not apply in relation to treaty lands.
795.32 (1) Section 804.3 (1) and (4) does not apply in relation to property taxes within the treaty lands of a taxing treaty first nation.
(2) If a requisition is delivered to a taxing treaty first nation under section 805 of this Act, except as provided in subsection (4) of this section, the amount requisitioned must be collected by the taxing treaty first nation as follows:
(a) in the case of an amount that under a bylaw must be recovered by means of a property value tax, by imposing the tax in accordance with Division 3 [Property Value Taxes] of Part 7 of the Community Charter, as that Part applies in relation to a tax referred to in section 197 (1) (b) of that Act, using the applicable tax base authorized under section 804.3 (2) of this Act;
(b) in the case of an amount that under a bylaw must be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the treaty first nation participating areas of the taxing treaty first nation in accordance with Division 4 [Parcel Taxes] of Part 7 of the Community Charter;
(c) in the case of an amount to which neither paragraph (a) nor (b) applies or an amount for a service for which no establishing bylaw is required, if the taxing treaty first nation imposes a property tax within its treaty lands specifically for the purpose of raising the amount of a requisition, by imposing a property value tax on the basis of the net taxable value of land and improvements in the treaty first nation participating areas as if the tax were a tax referred to in section 197 (1) (b) of the Community Charter.
(3) In the circumstances described in subsection (2) (a) or (c), the taxing treaty first nation must set out separately on a tax notice given to the owner
(a) the amount of the taxes imposed, and
(b) the rate at which the taxes are imposed
in relation to the specific requisition.
(4) If a requisition is received by a taxing treaty first nation under section 805 and subsection (2) of this section does not apply, the taxing treaty first nation need only comply with section 805 (2).
(5) Section 363.2 (2) to (5) does not apply in relation to fees, charges and other amounts described in section 363.2 (1) that are payable in relation to treaty lands.
(6) If fees, charges and other amounts described in section 363.2 (1) are owed by a person in relation to the treaty lands of a taxing treaty first nation and not paid on or before December 31 of the year in which they are incurred, the regional district financial officer must send an invoice to the treaty first nation on or before April 10 in the next taxation year and section 805 (2) applies as if the invoice were a requisition for the current year.
795.4 (1) Despite section 826 (1) [general liability provisions],
(a) section 824 [financing municipal undertakings] does not apply in relation to treaty first nations,
(b) a treaty first nation director may not vote on a bylaw referred to in section 824 (2), and
(c) for certainty, a treaty first nation is not liable for regional district borrowing under that section.
(2) Section 826 (2) does not apply in relation to a default of a treaty first nation.
795.41 If the final agreement of a treaty first nation provides that, on becoming a member of a regional district, the treaty first nation will participate in specified regional district services,
(a) if the service is provided under letters patent, those letters patent are deemed amended, and
(b) if the service is provided under a bylaw, that bylaw is deemed amended
to include the treaty first nation as a participant in, and the treaty lands of that treaty first nation as a participating area of, that service.
Division 4 — Services and Powers
796 (1) Subject to the specific limitations and conditions established under this or another Act, a regional district may operate any service that the board considers necessary or desirable for all or part of the regional district.
(2) The authority under subsection (1) includes the authority to operate a service in an area outside the regional district as well as in the regional district itself.
(3) A regional district service may be operated directly by the regional district or through another public authority, person or organization.
(4) If a regional district has established works or facilities outside the regional district for the purposes of a regional district service, the board may, by bylaw, regulate and prohibit the use of the works and facilities.
(5) If a board enters into a mutual aid agreement respecting the use of equipment and personnel, those uses may be undertaken inside or outside the service area.
796.1 (1) Before establishing a service referred to in section 796 (2) [services outside regional district], the board must
(a) obtain the consent of the other affected local government in accordance with subsection (2), and
(b) after receiving that consent, obtain the approval of the Lieutenant Governor in Council.
(2) For the consent required by subsection (1) (a),
(a) if the area is in a municipality, the consent of the council of the municipality is required, and
(b) if the area is not in a municipality, the consent of the regional district board for the area is required.
(3) The Lieutenant Governor in Council may, in an approval referred to in subsection (1) (b), establish restrictions and conditions on the establishment and operation of a service in a participating area that is outside the regional district.
(4) Subject to an approval under subsection (3), if a service referred to in subsection (1) is established,
(a) the area outside the regional district must be identified as a separate participating area for the service,
(b) the provisions of this Part apply with respect to the participating area as if it were located in the regional district, and
(c) the powers, duties and functions of the regional district extend to the participating area as if it were located in the regional district.
796.2 (1) A bylaw in relation to a regional district service, other than a regulatory service, may
(a) make different provisions for different areas, times, conditions or circumstances as described by bylaw,
(b) establish different classes of persons, places, activities, property or things, and
(c) make different provisions, including exceptions, for different classes established under paragraph (b).
(2) A board may, by bylaw, regulate and prohibit in relation to a regional district service other than a regulatory service.
(3) Without limiting subsection (2), a bylaw under that subsection may provide for a system of licences, permits or approvals in relation to a regional district service, including by doing one or more of the following:
(a) prohibiting any activity or thing until a licence, permit or approval has been granted;
(b) providing for the granting and refusal of licences, permits and approvals;
(c) providing for the effective periods of licences, permits and approvals;
(d) establishing
(i) terms and conditions of, or
(ii) terms and conditions that must be met for obtaining, continuing to hold or renewing
a licence, permit or approval, or providing that such terms and conditions may be imposed, the nature of the terms and conditions and who may impose them;
(e) providing for the suspension or cancellation of licences, permits and approvals for
(i) failure to comply with a term or condition of a licence, permit or approval, or
(ii) failure to comply with the bylaw;
(f) providing for reconsideration or appeals of decisions made with respect to the granting, refusal, suspension or cancellation of licences, permits and approvals.
796.3 (1) This section applies to bylaws under this Part
(a) that were in force on the date that section 803, as it then was, was repealed by the Local Government Statutes Amendment Act, 2000, or
(b) that had received first reading before that date and were adopted within one year after that date.
(2) Subject to subsection (3), provisions in the bylaws that are the exercise of regulatory authority do not apply within a municipality unless the bylaw expressly provides this application.
(3) If, at the time referred to in subsection (1), letters patent conferred exclusive jurisdiction on a board as referred to in section 803 (1) (b) before the repeal referred to in subsection (1) of this section, the authority of the regional district under section 803 (1) (b) continues as if the section had not been repealed.
797.1 (1) If a board establishes any of the following services, the indicated provisions apply in relation to the service:
(a) in relation to building inspection, Division 2 [Regional District Building Regulations] of Part 21;
(b) in relation to animal control, Division 1 [Regulation of Animals] of Part 22;
(c) in relation to the control of the deposit and removal of soil and the control of the deposit of other materials, section 723;
(d) in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances, sections 724 [noise control], 725 [nuisances and disturbances] and 728 [fireworks];
(e) in relation to the regulation of fire alarm systems and security alarm systems, section 726;
(f) in relation to the numbering of buildings, section 728.1 [house numbering].
(2) [Repealed 2004-35-88.]
(3) Despite section 182 [prohibition against providing assistance to business], a regional district may operate the service of
(a) providing capital financing for services provided by a telephone, natural gas or electric power utility, or
(b) the giving of grants to an applicant for a business promotion scheme under section 215 [business improvement areas] of the Community Charter in relation to a mountain resort.
(4) A board may, by bylaw, establish the service of the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters.
(4.1) For the purposes of subsection (4), "municipal solid waste" and "recyclable material" have the same meaning as in the Environmental Management Act.
(5) If a board adopts a bylaw under subsection (4), the board has and must exercise its authority in accordance with the Environmental Management Act and regulations under that Act.
(6) Any bylaw under section 4 (1) (b) [powers of regional park district] of the Park (Regional) Act that is in effect on the date of repeal of that Act is deemed to be a bylaw of the regional district in which the regional park or regional trail is located.
797.3 (1) A board may, by bylaw, provide for a referendum in the whole or a part of one or more municipalities or electoral areas to obtain the opinion of the electors on a question regarding a service that is or that may be operated by the regional district.
(2) Section 801.2 [approval of the electors by voting] applies to a referendum under this section as if the areas in which the referendum is to be conducted were proposed participating areas.
797.4 (1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area.
(2) Each page of a petition referred to in subsection (1) must do the following:
(a) describe in general terms the service that is proposed;
(b) define the boundaries of the proposed service area;
(c) indicate in general terms the proposed method for recovering annual costs;
(d) contain other information that the board may require.
(3) In order for a petition to be certified as sufficient and valid for the purposes of this section,
(a) the petition must be signed by the owners of at least 50% of the parcels liable to be charged for the proposed service, and
(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the proposed service area.
(4) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter applies to a petition under this section.
797.5 (1) If approval of the electors is required under this Act or the Community Charter in relation to a proposed regional district bylaw, agreement or other matter, that approval may be obtained either by
(a) assent of the electors, or
(b) approval of the electors by alternative elector approval process.
(2) Division 2 [Approval of the Electors] of Part 4 and section 282 (2) (d) [regulations in relation to form and content of forms] of the Community Charter apply for the purposes of this section.
798 A board has all necessary power to do anything incidental or conducive to the exercise or performance of any power, duty or function conferred on a board or regional district by this or any other enactment.
798.1 If the powers conferred on a board are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the board may, by bylaw adopted by at least 2/3 of the votes cast, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.
799 (1) Despite
(a) provide a power, including a power to regulate, prohibit and impose requirements;
(b) provide that a power conferred under paragraph (a) may be exercised only as a regulatory service;
(c) provide an exception to or a modification of a requirement or condition established by an enactment;
(d) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding a power, modification or exception under this section;
(e) authorize a minister to establish any terms and conditions the minister considers appropriate regarding a power, modification or exception under this section.
(2) As restrictions, a regulation under this section may not do any of the following:
(a) override an absolute prohibition contained in an enactment;
(b) confer an authority to impose a new tax;
(c) confer an authority to grant a new tax exemption;
(d) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining approval of the electors by alternative approval process.
799.1 (1) The repeal of the Park (Regional) Act does not alter or cancel an interest in, a right to, or the park status of, regional parks and regional trails set aside and dedicated under that Act.
(2) If, at the time of repeal of the Park (Regional) Act, a regional district provides a regional park or regional trail as a service under letters patent that refer to the Regional Parks Act, S.B.C. 1965, c. 43,
(a) the regional district may continue to provide this service in accordance with this Act as if the service were provided under the authority of an establishing bylaw for a service, and
(b) section 774.2 (3) to (6) [continuation of regional district services] applies as if the service were a continued service under that section.
799.2 (1) In this section:
"approval requirement" means a provision in or under this or any other Act that has the effect of requiring approval or consent of the Lieutenant Governor in Council, a minister, the inspector or another official before a regional district bylaw or other action is adopted, is taken or is effective;
"responsible authority" means
(a) in relation to approval or consent of the Lieutenant Governor in Council, the Lieutenant Governor in Council,
(b) in relation to approval or consent of a minister, that minister,
(c) in relation to approval or consent of the inspector, the minister responsible for this Act, and
(d) in relation to approval or consent of another official, the minister responsible for the provision establishing the approval requirement.
(2) Despite any other Act, the responsible authority may, by regulation, provide exemptions from an approval requirement.
(3) A regulation under this section may provide that an exemption is or may be made subject to the terms and conditions specified by the minister responsible or by a person designated by name or title in the regulation.
Division 4.1 — Establishing Bylaws
800 (1) In order to operate a service, the board must first adopt an establishing bylaw for the service in accordance with this Division.
(2) As an exception, a bylaw under this section is not required to establish the following:
(a) general administration, other than electoral area administration;
(b) electoral area administration;
(c) undertaking feasibility studies in relation to proposed services;
(d) a service under section 4 (1) of the Hospital District Act;
(e) undertaking a referendum under section 797.3 [referendums regarding services];
(f) a service for which authority is expressly provided by another Part of this Act, other than a regulatory service;
(g) a local community commission under section 838;
(h) the giving of grants to an applicant for a business promotion scheme under section 215 [business improvement areas] of the Community Charter in relation to a mountain resort;
(i) if the regional district board is authorized to appoint an approving officer under section 77.1 of the Land Title Act, services related to the approving officer.
800.1 (1) An establishing bylaw for a service must do the following:
(a) describe the service;
(b) define the boundaries of the service area;
(c) identify all municipalities and electoral areas that include participating areas for the service;
(d) indicate the method of cost recovery for the service, in accordance with section 803 [options for cost recovery];
(e) set the maximum amount that may be requisitioned for the service, by
(i) specifying a maximum amount,
(ii) specifying a property value tax rate that, when applied to the net taxable value of land and improvements in the service area, will yield the maximum amount, or
(iii) specifying both a maximum amount and a property value tax rate as referred to in subparagraphs (i) and (ii), in which case the maximum amount is whichever is greater at the applicable time.
(2) As an exception, the requirement of subsection (1) (e) does not apply to an establishing bylaw for the following:
(a) a regulatory service;
(b) coordination, research and analytical services relating to the development of the regional district;
(c) social planning services;
(d) the promotion of economic development;
(e) programs in preparation for emergencies;
(f) emergency communication systems;
(g) regional parks and regional trails;
(h) services related to heritage conservation;
(i) participation in a regional library district under Part 3 of the Library Act;
(j) a service referred to in section 800 (2) (a) to (d) [general administration, electoral area administration, feasibility studies and regional hospital district services].
(3) If an establishing bylaw covers more than one service, it must separately indicate the matters under subsection (1) for each service.
(4) If the board adopts an establishing bylaw for a service referred to in section 800 (2) (a) [general administration], the establishing bylaw must identify all municipalities and all electoral areas in the regional district as participating areas for the service, and the service area is the entire regional district.
800.2 (1) An establishing bylaw for a service may do one or more of the following:
(a) set out the method of apportionment of costs among the participating areas, if this is to be different from the method established by section 804 (2) (a) [general apportionment rule];
(b) in relation to resolutions and bylaws respecting the administration and operation of the service, establish the method for determining the number of votes to which a director is entitled if this is to be different from that otherwise established under section 791 (4) (b) [number of votes per director in respect of administration and operation of services];
(c) if the administration and operation of the service is to be delegated to a body established by the board, provide for appointments to the body and establish voting rules for the body in relation to the service;
(c.1) provide a time period for the purposes of section 813.04 (1) (a) [minimum participation time before service review can be initiated] that is less than the period established by that provision;
(c.2) provide an alternative review process that is different than the service review process established by Division 4.5 [Dispute Resolution in Relation to Services];
(d) establish terms and conditions for withdrawal from the service;
(e) include any other provisions respecting the establishment and operation of the service that the board considers appropriate.
(2) As a limit on subsection (1) (b), each director for a participating area must be entitled to at least one vote.
(3) If a proposed establishing bylaw includes provisions referred to in subsection (1) (d), each participant must consent to the provisions before the bylaw is submitted for participating area approval under section 801.
(4) [Repealed 2004-34-12.]
801 (1) An establishing bylaw has no effect unless, before its adoption, it receives
(a) the approval of the inspector, and
(b) participating area approval in accordance with this section.
(2) Participating area approval under this section may be obtained as follows:
(a) in any case, by assent of the electors in accordance with section 801.2 [approval by voting];
(b) if permitted under section 801.3 (1) [approval by alternative approval process], approval given in accordance with that section;
(c) if permitted under section 801.4 [consent on behalf of municipal participating area] for a proposed municipal participating area, consent given in accordance with that section;
(d) if permitted under section 801.5 (1) [consent on behalf of electoral area electors] for a proposed electoral participating area, consent given in accordance with that section.
(3) Unless authorized under subsection (4), participating area approval must be obtained separately for each participating area in the proposed service area.
(4) If approval is to be obtained under subsection (2) (a) or (b), the board may, by resolution adopted by at least 2/3 of the votes cast, provide that the participating area approval is to be obtained for the entire proposed service area.
(5) As an exception, subsections (1) to (4) do not apply to an establishing bylaw for a service referred to in section 800 (2) (a), (b) or (d) [services for which establishing bylaw not required — general administration, electoral area administration and regional hospital district services] and, instead, section 802 applies to the bylaw as if it were a bylaw amending an establishing bylaw.
801.1 (1) If participating area approval is to be obtained for the entire service area,
(a) the board may choose the method,
(b) in the case of approval by alternative approval process, the board is responsible for obtaining the approval, and
(c) in the case of approval by assent of the electors, at the option of the board,
(i) the board is responsible for conducting the voting throughout the proposed service area, or
(ii) the board and councils are responsible for conducting the voting in the same manner as under subsection (2), with the results of the voting in these areas added together.
(2) If participating area approval is to be obtained separately for each participating area,
(a) subject to subsection (3), for a municipal participating area, the council may choose the method and is responsible for obtaining the approval, and
(b) for an electoral participating area, the board may choose the method and is responsible for obtaining the approval.
(3) If, within 30 days after third reading of the establishing bylaw, a council
(a) has notified the regional district that it is refusing to seek participating area approval, or
(b) fails to give any notice to the regional district with respect to how participating area approval is to be obtained,
the board may adopt a resolution under section 801 (4) [approval of establishing bylaws — entire area] to have participating area approval obtained for the entire service area.
(4) Despite section 40 (1) [costs of elections], if a council is authorized to give consent on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal participating area] but does not exercise this authority, the municipality is responsible for the costs of obtaining the participating area approval.
801.2 (1) Participating area approval through assent of the electors under Part 4 [Other Voting] is obtained if,
(a) in the case of approval under section 801 (3) [each participating area separately], for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw, or
(b) in the case of approval under section 801 (4) [entire service area], a majority of votes counted as valid is in favour of the bylaw.
(2) In the case of approval under section 801 (4) [entire service area], for the purposes of determining who is entitled to vote under section 161, the voting area is deemed to be all the proposed participating areas.
801.3 (1) Participating area approval may be obtained by alternative approval process if
(a) the maximum amount that may be requisitioned for the service is the amount equivalent to 50¢ for each $1 000 of net taxable value of land and improvements included in the service area, or
(b) the bylaw relates to a service for
(i) the collection, conveyance, treatment or disposal of sewage,
(ii) the supply, treatment, conveyance, storage or distribution of water, or
(iii) the collection, removal or disposal of solid waste or recyclable material.
(2) In addition to the information required by section 86 (2) of the Community Charter, the notice of an alternative approval process under this section must
(a) include a copy of the bylaw, or
(b) include a synopsis of the bylaw that
(i) describes in general terms, the intent of the bylaw,
(ii) describes the proposed service area, and
(iii) indicates the date, time and place for public inspection of copies of the bylaw.
801.4 If a proposed participating area is all of a municipality, the council may give participating area approval by
(a) consenting on behalf of the electors to adoption of the proposed bylaw, and
(b) notifying the board of its consent.
801.5 (1) For a proposed electoral participating area, the board may authorize participating area approval to be given under this section
(a) if the board receives a sufficient petition under section 797.4 [petition for electoral area services], or
(b) in the case of an establishing bylaw for a service referred to in section 800.1 (2) [no requisition limit required], if
(i) the participating area includes all of the electoral area, and
(ii) the service can be established without borrowing.
(2) Participating area approval under this section may be given by the electoral area director consenting in writing to adoption of the bylaw.
(3) If a director refuses to give consent under subsection (2), the board may, by a resolution adopted by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and give participating area approval by consenting to adoption of the bylaw on behalf of the electors in the proposed participating area.
(4) If a board consents under subsection (3), the director for the participating area may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order
(a) that the consent of the board under subsection (3) stands,
(b) that participating area approval must be obtained under section 801.2 [approval by assent of the electors], or
(c) that participating area approval must be obtained under section 801.3 [approval by alternative approval process].
801.6 (1) If a board proposes to borrow money for the start of a service, the establishing bylaw and the loan authorization bylaw must, for the purposes of obtaining participating area approval, be dealt with as if they were one bylaw.
(2) The regional district corporate officer must file with the inspector a copy of each establishing bylaw after it has been adopted.
802 (1) Subject to an order under subsection (4) or (5), an establishing bylaw may be amended or repealed, at the option of the board,
(a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or
(b) with the consent of at least 2/3 of the participants.
(2) Sections 801.4 [consent on behalf of municipal participating area] and 801.5 (2) to (4) [consent on behalf of electoral area electors] apply to consent under subsection (1) (b) of this section.
(3) A bylaw amending or repealing an establishing bylaw has no effect unless it is approved by the inspector.
(4) The minister may order that a bylaw amending or repealing an establishing bylaw may only be adopted in accordance with the requirements applicable to the adoption of the bylaw that it repeals or amends.
(5) In addition to the requirement under subsection (1) or (4), as applicable, the minister may order that, before the bylaw is adopted, it must receive the approval of the electors
(a) in one or more specified participating areas, or in specified parts of one or more participating areas, or
(b) in the entire service area,
obtained in accordance with section 801.2 [approval by assent of the electors] or 801.3 [approval by alternative approval process], as specified by the minister.
(6) Section 137 (2) [minister may waive requirement for elector assent or approval] of the Community Charter does not apply to a bylaw amending or repealing an establishing bylaw.
(7) The regional district corporate officer must file with the inspector a bylaw amending or repealing an establishing bylaw after it has been adopted.
802.1 (1) A bylaw amending an establishing bylaw may provide for changes to the boundaries of a service area, including merging 2 or more service areas.
(2) If a bylaw amending an establishing bylaw extends an existing service to a new participating area, the proposed participating area must be included as a participating area and the participant for the proposed participating area must be included as a participant for the purposes of section 802.
802.2 (1) Subject to subsection (2), if
(a) a bylaw amending an establishing bylaw, or
(b) a conversion bylaw under section 774.2 (3)
is required in order to borrow money for a service, the amending or conversion bylaw and the loan authorization bylaw may, for the purposes of obtaining participating area approval under sections 801 to 801.5, be dealt with as if they were one bylaw.
(2) The minister may order that participating area approval of an amending or conversion bylaw referred to in subsection (1) must be obtained separately from the approval of the loan authorization bylaw.
802.3 (1) If a bylaw adds, repeals or amends provisions of an establishing bylaw referred to in section 800.2 (1) (d) [terms and conditions for withdrawal], each participant must consent to the changes before the bylaw is submitted for approval in accordance with the requirements of section 802.
(2) If a bylaw repealing an establishing bylaw is submitted to the inspector for approval and the inspector is not satisfied that all participants in a service have reached agreement respecting the termination of a service, the inspector must refer the matter to the minister, who must
(a) direct the participants and the board to undertake negotiations on the matters related to terminating the service, or
(b) if the minister is satisfied that agreement under paragraph (a) is unlikely, direct that the parties proceed to mediation or arbitration.
(3) The minister may specify the length of time that negotiations under subsection (2) (a) must continue and may extend this time period before or after it has expired.
(4) The participants and board must conduct negotiations under subsection (2) (a) in good faith, making reasonable efforts to reach an agreement that will permit resolution of the matters.
(5) If the parties have not reached agreement by the end of the time period for negotiations under subsection (2) (a), the minister must direct that the parties proceed to mediation or arbitration.
(6) For the purposes of subsections (2) (b) and (5), subject to any regulations under subsection (7),
(a) sections 813.09 to 813.19 [service withdrawal] apply as if this were a service withdrawal under Division 4.5 [Dispute Resolution in Relation to Services] of this Part, and
(b) section 813.03 [costs of process] applies as if this were a service review process under that Division.
(7) The minister may make regulations respecting mediation and arbitration under this section, including regulations providing exceptions to or modifications of a provision referred to in subsection (6) or a regulation under section 813.19.
Division 4.2 — Cost Recovery for Services
803 (1) A regional district may recover the costs of its services by one or more of the following:
(a) property value taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];
(b) subject to subsection (2), parcel taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];
(c) fees and charges imposed under section 363 [imposition of fees and charges];
(d) revenues raised by other means authorized under this or another Act;
(e) revenues received by way of agreement, enterprise, gift, grant or otherwise.
(2) Parcel taxes may not be used to recover all or part of the costs of a regulatory service.
(3) In the case of a service for which an establishing bylaw is required, if all or part of the costs are to be recovered by one or more of the methods referred to in subsection (1) (a) to (c), the establishing bylaw must indicate which methods are to be used.
803.1 (1) All costs incurred by a regional district in relation to a service, including costs of administration attributable to the service, are part of the costs of that service.
(2) Subject to subsection (3), the amount required by a board
(a) for a payment authorized under section 287.2 [indemnification against proceedings],
(b) to satisfy a judgment or other order of a court against the regional district, or
(c) to satisfy an award or other order of an arbitrator against the regional district
is deemed to be costs of the service out of which the action arose.
(3) If the legal action or other proceeding arose from the negligence of the board, the amount is deemed to be costs of the general administration service referred to in section 800 (2) (a).
(4) If a regional district undertakes a service after conducting a feasibility study in respect of the service, the costs of that study are deemed to be costs of that service.
(5) If a referendum under section 797.3 [referendums regarding services] is limited to all or part of the service area for an existing service, the costs of the referendum are deemed to be costs of the service.
(6) For the purposes of apportionment under this Division and requisition under Division 4.3 [Requisition and Tax Collection], the costs of providing a service are deemed to be the costs that are to be recovered by means of property value taxes or parcel taxes.
804 (1) If the establishing bylaw sets the method for apportioning the costs of providing a service, those costs must be apportioned among the participating areas in accordance with the bylaw.
(2) If the method of apportionment is not set by establishing bylaw, the costs of providing a service must be apportioned on the basis of the converted value of land and improvements in the service area as follows:
(a) if there is an establishing bylaw but it does not set out the method of apportionment, among the participating areas for the service;
(b) if there is no establishing bylaw and the method of apportionment is not otherwise set under this or another Act, among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;
(c) in the case of electoral area administration,
(i) subject to subparagraph (ii), among all the electoral areas, with the service area deemed to be all the electoral areas, and
(ii) if the board provides that some or all of the costs are to be apportioned among the electoral areas that the board considers benefit from the administration, those costs must be apportioned among those electoral areas, with the service area deemed to be all those electoral areas;
(d) in the case of feasibility studies in relation to proposed services, if no service is established and the board provides that the costs are to be apportioned among the electoral areas, among all the electoral areas, with the service area deemed to be all those electoral areas;
(e) in the case of services related to an approving officer, if the board is authorized to appoint the approving officer under section 77.1 of the Land Title Act, among all the electoral areas, with the service area deemed to be all those electoral areas;
(f) in the case of a service that is in relation to a regional growth strategy for an area that is less than the entire regional district, among the areas for which the regional growth strategy is initiated or adopted, with the service area being all those areas;
(g) in the case of assistance under section 176 (1) (c) [corporate powers — assistance], other than assistance under a partnering agreement referred to in section 183, at the option of the board,
(i) in accordance with paragraph (b), or
(ii) among the municipalities or electoral areas benefiting from the assistance, with the service area deemed to be all those areas;
(h) in the case of a referendum under section 797.3 [referendums regarding services] that is not limited to all or part of the service area for an existing service, among the municipalities and electoral areas in which the referendum is held, with the service area deemed to be all those areas;
(i) in the case of a local community commission under section 838, entirely from the local community, with the service area deemed to be that local community;
(j) in the case of a business improvement area under section 215 [business improvements areas] of the Community Charter in relation to a mountain resort, entirely from that area, with the service area deemed to be the business improvement area;
(k) in the case of services under Part 26, in accordance with section 804.1 [cost sharing for Part 26 services].
804.1 (1) The costs of services under Part 26 [Planning and Land Use Management] must be apportioned on the basis of the converted value of land and improvements in the service area as follows:
(a) if no municipality has entered into an agreement under subsection (2) or opted out under subsection (3), among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;
(b) subject to paragraphs (c) and (d), if one or more municipalities have opted out under subsection (3) and are no longer participants, among the electoral areas and any municipalities that have not opted out, with the service area deemed to be those areas;
(c) if one or more municipalities have entered into an agreement under subsection (2) to share only some of the costs, those costs are to be recovered in accordance with the agreements and the remaining costs are to be apportioned among the other participants;
(d) if a municipality is liable for costs under subsection (6) or (7), those costs are to be recovered from the municipality and the remaining costs are to be apportioned among the other participants.
(2) The board and a municipality may enter into an agreement that the municipality is to share in some but not all of the costs of services under Part 26, to the extent set out in the agreement and in accordance with the terms and conditions for the municipality's participation established by the agreement.
(3) Subject to subsection (4), a municipality may opt out of participation in services under Part 26 by giving notice to the board, before August 31 in any year, that until further notice it will no longer share the costs of services under Part 26.
(4) A municipality that is a party to an agreement under subsection (2) may give notice under subsection (3) only in the last year of the term of the agreement.
(5) After notice is given under subsection (3), the municipality ceases to be a participant in the services, effective at the start of the following year.
(6) As an exception to subsection (5), if a municipality that is not a party to an agreement under subsection (2) gives notice under subsection (3) after a board has passed a resolution authorizing the preparation of an official community plan or bylaw under Part 26, the municipality continues as a participant and must share the costs in that preparation until the earlier of the following:
(a) the date the plan or bylaw is adopted;
(b) 2 years after the date the resolution is passed.
(7) Subsection (6) also applies to a municipality that is a party to an agreement under subsection (2) if the official community plan or bylaw is in relation to the Part 26 services for which the municipality shares costs under the agreement.
804.11 (1) In this section:
"determined value" means the value of an eligible property determined by using the valuation basis described in the method of apportionment for the applicable eligible service;
"eligible property" means property located within the service area of an eligible service that is owned or occupied by an insolvent person who is liable for property value taxes or parcel taxes referred to in Division 4.3 [Requisition and Tax Collection] with respect to that property;
"eligible service" means a regional district service with respect to which all or part of the method of apportionment is based on the assessed value, net taxable value or converted value of
(a) land,
(b) improvements, or
(c) land and improvements,
or on a similar method of apportionment that uses property values;
"insolvent person" means a person
(a) who has filed for and been granted protection under the Companies' Creditors Arrangement Act (Canada),
(b) who has filed an assignment or a proposal or a notice of intention to make a proposal under the Bankruptcy and Insolvency Act (Canada) or against whom a bankruptcy order or an order appointing an interim receiver has been made under that Act,
(c) in respect of whom a winding-up order has been made under the Winding-up and Restructuring Act (Canada) based in whole or in part on the person being insolvent, or
(d) who has made an application to the administrator under section 5 of the Farm Debt Mediation Act (Canada) and who has been found by the administrator to be eligible to make that application.
(2) Despite sections 804 and 804.1, the board annually may exclude the determined value of an eligible property from the apportionment for an eligible service.
(3) In order to be effective for the requisition in the current year, the board must make an exclusion referred to in subsection (2) before the requisition in respect of the eligible service for that year is sent to municipalities and the inspector under sections 805 and 806.
804.2 (1) As soon as practicable after the relevant information is available, the British Columbia Assessment Authority must provide to the designated regional district officer and to the inspector
(a) the net taxable value of land and improvements, and
(b) the converted value of land and improvements
in each municipality, electoral area and participating area.
(2) If adjustments are made under the Assessment Act to the values referred to in subsection (1), the British Columbia Assessment Authority must provide particulars to the designated regional district officer and to the inspector.
(3) If, in respect of a year,
(a) adjustments referred to in subsection (2) are made, and
(b) the share of the cost of all the services of the regional district that was apportioned to and borne by a municipality or an electoral area in that year would, had those adjustments been taken into account, have increased or decreased by more than $1 000,
the share of the cost apportioned to and borne by the municipalities and electoral areas must be adjusted in a manner directed by the minister in the next requisition after the adjustment.
804.3 (1) In the case of a participating area for a service for which no establishing bylaw is required, property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.
(2) In the case of a municipal participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:
(a) the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes;
(b) the assessed value of land in the participating area, other than land exempt from taxation for municipal purposes;
(c) the assessed value of improvements in the participating area, other than improvements exempt from taxation for municipal purposes;
(d) the net taxable value of land and improvements in the participating area;
(e) the net taxable value of land in the participating area;
(f) the net taxable value of improvements in the participating area.
(3) As an exception to subsection (2), for a municipal participating area that is all or part of the City of Vancouver, property value taxes may be imposed on the basis set out in the establishing bylaw for the service.
(4) If a board fails to exercise its authority under subsection (2) or (3), property value taxes must be imposed on the basis of the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes.
(5) In the case of an electoral participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:
(a) the net taxable value of land and improvements in the participating area;
(b) the net taxable value of land in the participating area;
(c) the net taxable value of improvements in the participating area.
(6) If a board fails to exercise its authority under subsection (5), property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.
Division 4.3 — Requisition and Tax Collection
805 (1) On or before April 10 in each year, the designated regional district officer must send to each municipality a requisition in respect of each service stating the amount required from the municipality for the service during the year.
(2) An amount requisitioned under this section is a debt due by the municipality to the regional district, and the council must pay it to the board on or before August 1 of the current year.
805.1 (1) If a requisition is delivered to a municipality, the amount requisitioned must be collected by the municipality as follows:
(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax in accordance with Division 3 [Property Value Taxes] of Part 7 of the Community Charter using the tax base authorized under section 804.3 [tax base for property value taxes] of this Act;
(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax in accordance with Division 4 [Parcel Taxes] of Part 7 of the Community Charter.
(2) Part 7 [Municipal Revenue] of the Community Charter applies for the purposes of taxation under this section.
(3) If a participating area is only part of a municipality, taxes under this section in respect of the service may only be imposed in the municipal participating area for the service.
806 (1) On or before April 10 in each year, the designated regional district officer must deliver to the Surveyor of Taxes
(a) a requisition in respect of each service, stating the amount required during the year in respect of each electoral participating area, and
(b) that officer's certification
(i) that the amount requisitioned is included in the financial plan for that year, and
(ii) of any other matter in relation to the requisition that is required to be certified under subsection (2).
(2) The Lieutenant Governor in Council may make regulations prescribing matters that must be certified under subsection (1) (b) and establishing requirements respecting such certifications.
(3) The amounts requisitioned under this section may be paid by the Minister of Finance from the consolidated revenue fund.
806.1 (1) If a requisition is delivered to the Surveyor of Taxes, the amount requisitioned must be collected by the Provincial government as follows:
(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax within the electoral participating areas in accordance with the Taxation (Rural Area) Act, having due regard to the tax base authorized under section 804.3 [tax base for property value taxes];
(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the electoral participating areas, on the basis of the assessment roll under subsection (2).
(2) If a parcel tax is to be imposed under this section,
(a) the board must, by bylaw, provide for the preparation of a parcel tax roll for the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 of the Community Charter applies,
(b) the authenticated parcel tax roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and
(c) the authenticated parcel tax roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.
(3) [Repealed 2003-3-19.]
(4) An amount to be recovered under this section must be imposed by the Provincial government as if it were a tax under the Taxation (Rural Area) Act, and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes imposed under this section.
807 (1) On or before February 1 in each year, the amount received by a municipality, or by the Surveyor of Taxes for an electoral area, by way of a grant in place of taxes for regional district purposes within the regional district under the Payments in Lieu of Taxes Act (Canada) in the immediately preceding year must be paid to the board.
(2) The amount received by a municipality by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Aid Act or from a Crown corporation or agency must be paid to the board promptly after receipt.
(3) An amount paid under subsection (1) or (2) must be applied proportionately to the accounts for the services in respect of which the grant is paid.
Division 4.4 — Tax Rates and Exemptions
808 (1) In this section, "variable tax rate system" means a system under this section by which individual tax rates for a specific taxation year are determined and imposed for each property class to which the system applies.
(2) Despite section 806.1 [collection in electoral areas] but subject to the regulations under this section, a board may, by bylaw, establish an annual variable tax rate system for a specified taxation year.
(3) A variable tax rate system
(a) may only apply to tax rates for one or more of regional district services,
(b) may only vary tax rates for property classes 2, 4 and 5, and
(c) must not result in the ratios between the tax rate for a property class referred to in paragraph (b) and the tax rate for property class 1 exceeding either
(i) the applicable ratio prescribed under subsection (6), if any, or
(ii) the applicable ratio under section 20 (2) of the Taxation (Rural Area) Act.
(4) For each service subject to a variable tax rate system, the bylaw must set out the ratio between the tax rate for each property class subject to the system and the tax rate for property class 1.
(5) A bylaw under subsection (2) must be approved by the inspector and, for this purpose, must be submitted to the inspector by January 31 in the taxation year for which it is to apply.
(6) Subject to subsection (8), the Lieutenant Governor in Council may make regulations respecting variable tax rate systems, including regulations doing one or more of the following:
(a) prescribing limits on tax rates;
(b) prescribing ratios between the tax rate for a property class and the tax rate for property class 1;
(c) prescribing formulas for calculating the limits or ratios referred to in paragraph (a) or (b).
(7) Regulations under subsection (6) may prescribe different tax limits, ratios or formulas in relation to one or more of the following:
(a) different property classes;
(b) different regional districts;
(c) different services;
(d) different service areas;
(e) different types of participating areas.
(8) A regulation under subsection (6) may not prescribe a ratio for the purposes of subsection (3) (c) that would exceed the applicable ratio established under section 20 (2) of the Taxation (Rural Area) Act.
809 (1) Land and improvements owned or held by a regional district within the boundaries of the regional district are exempt from taxation when used for its own purposes, but otherwise are subject to taxation, as applicable,
(a) under section 229 [taxation of municipal land used by others] of the Community Charter as if the property were owned by a municipality, or
(b) under section 18 (4) of the Taxation (Rural Area) Act as if the property belonged to the Crown.
(2) Despite subsection (1), the owner of land or improvements, or both, leased or rented to the regional district is liable for the payment of taxes that would otherwise be imposed with respect to that property under any Act.
(3) On or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, exempt the property described in subsection (4) from taxation under this Part for
(a) the next calendar year, or
(b) with the assent of the electors, a specified period not longer than 10 years.
(4) The following property that is in an electoral area may be exempted from taxation under subsection (3):
(a) land or improvements, or both, owned or held by, or held in trust by the owner for, an athletic or service organization and used principally for public athletic or recreation purposes;
(b) land or improvements, or both, used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall that the board considers necessary to the church;
(c) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a board of school trustees;
(d) land that is owned and used exclusively by an agricultural or horticultural society and that is in excess of the area exemption under section 15 (1) (j) of the Taxation (Rural Area) Act;
(e) an interest held by a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees;
(f) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a francophone education authority;
(g) land or improvements that
(i) are owned or held by a municipality, regional district or other local authority, and
(ii) the board considers are used for a purpose of the local authority.
(5) An exemption under subsection (3) may be limited to a specified portion of the net taxable value of the property to which the exemption applies.
(6) If, because of a change in the use or ownership of property exempted from taxation by bylaw under subsection (3), the property no longer meets the requirements for exemption established by subsection (4), the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.
(7) Assent of the electors as required by subsection (3) (b) is obtained if, by voting conducted throughout the regional district, a majority of the votes counted as valid in all voting on the bylaw is in favour of the bylaw.
(8) Part 4 applies to voting for the purposes of subsection (7), with voting to be conducted either, at the option of the board,
(a) by the board throughout the regional district, or
(b) by the council of each municipality and by the board for that part of the regional district that is not in a municipality, with the results of voting in these areas totalled to determine whether assent has been obtained.
810 (1) In this section and section 810.1, "eligible heritage property" means property in an electoral area that is
(a) protected heritage property,
(b) subject to a heritage revitalization agreement under section 966, or
(c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.
(2) Despite section 182 [prohibition against assistance to business] but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt from taxation under this Part all or part of
(i) the eligible heritage property, and
(ii) if the eligible heritage property is a building or other improvement so affixed to the land as to constitute real property, an area of land surrounding the eligible heritage property;
(b) limit an exemption under paragraph (a) to a specified portion of the net taxable value of the property to which the exemption applies;
(c) make an exemption under this subsection subject to specified conditions.
(3) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if the bylaw has received the approval of the electors, for a specified period not longer than 10 years.
(4) In addition to the information required by section 86 (2) [alternative approval process — notice] of the Community Charter or section 164 (3) [notice of other voting] of this Act, the notice in relation to approval of the electors under subsection (3) (b) of this section must
(a) identify the eligible heritage property that would be subject to the bylaw, and
(b) describe the exemption that would be made for the eligible heritage property.
(5) Within 30 days after adopting a bylaw under this section, the board must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with section 977.
810.1 (1) A bylaw under section 810 may provide that, if any of the following circumstances as specified in the bylaw occurs, the board may require the owner of the eligible heritage property at that time to pay to the regional district the amount calculated under subsection (2):
(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;
(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;
(c) if any other circumstances specified in the bylaw occur.
(2) The amount that may be required under subsection (1) is the amount equivalent to
(a) the total taxes exempted under the bylaw under section 810
plus
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 245 [taxes in arrear] of the Community Charter.
(3) A bylaw under section 810 that includes a provision under subsection (1) may only be adopted with the consent of the current owner of the eligible heritage property to which the bylaw applies.
(4) If a bylaw under section 810 includes a provision under subsection (1), within 30 days after the bylaw is adopted, the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 [notice on land titles] applies.
(5) If a bylaw under section 810 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (2), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).
(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).
(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may
(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible heritage property, in which case section 363.2 [special fees and charges that are to be collected as taxes] applies, or
(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.
811 (1) In this section and section 811.1:
"eligible riparian property" means property that meets all the following requirements:
(a) the property must be riparian land;
(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;
(c) the regional district granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;
(d) any other requirements prescribed under subsection (6);
"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of
(a) the area of the eligible riparian property that is exempted under subsection (2) (a)
to
(b) the area of the parcel of land in relation to which the exemption is made.
(2) Despite section 182 [prohibition against assistance to business] but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt all or part of the eligible riparian property from taxation under this Part;
(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;
(c) make an exemption under this subsection subject to specified conditions.
(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.
(4) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if the bylaw has received the approval of the electors, for a specified period not greater than 10 years.
(5) In addition to the information required by section 86 (2) [alternate approval process notice] of the Community Charter or section 164 (3) [notice of other voting] of this Act, the notice in relation to approval of the electors under subsection (4) (b) of this section must
(a) identify the eligible riparian property that would be subject to the bylaw, and
(b) describe the exemption that would be made for the eligible riparian property.
(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.
811.1 (1) A bylaw under section 811 may provide that, if
(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,
(b) the covenant is discharged before the end of the period of the exemption, or
(c) any other circumstances specified in the bylaw occur,
the board may require the owner of the eligible riparian property at that time to pay to the regional district the amount referred to in subsection (2).
(2) The amount that may be required under subsection (1) is the amount equivalent to
(a) the total taxes exempted under the bylaw under section 811
plus
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 245 [taxes in arrear] of the Community Charter.
(3) A bylaw under section 811 that includes a provision under subsection (1) may only be adopted with the consent of the owner of the eligible riparian property to which the bylaw applies.
(4) If a bylaw under section 811 includes a provision under subsection (1), within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 [notice on land titles] applies.
(5) If a bylaw under section 811 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (2), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).
(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).
(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may
(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible riparian property, in which case section 363.2 [special fees and charges that are to be collected as taxes] applies, or
(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.
812 (1) A board may, by bylaw, exempt from taxation under this Part, all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the regional district, during all or part of the term of the agreement.
(2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose.
(3) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for a period that by exercising rights of renewal or extension could exceed 5 years, the bylaw may be adopted only with the approval of the electors.
(4) An exemption under this section takes effect as follows:
(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year;
(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year.
(5) If, because of a change in the use or ownership of property exempted from taxation by bylaw under this section the property no longer meets the requirements for exemption, the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.
Division 4.5 — Dispute Resolution in Relation to Services
813 For the purposes of this Division:
"final resolution" means the establishment of the terms and conditions for withdrawal from a service by an arbitrator's decision under section 813.13 [arbitration process] or 813.15 [direction to further arbitration in certain cases];
"initiating participant" means a participant who gave notice under section 813.04 [initiating a service review] or 813.08 [initiating service withdrawal], as applicable;
"notice of withdrawal" means notice under section 813.14 (1) (d) (i) [initiating participant decision to proceed with withdrawal];
"service review" means a review of participation in one or more services in accordance with the process under sections 813.04 to 813.07;
"service withdrawal" means proposed withdrawal from participation in one or more services in accordance with the process under sections 813.08 to 813.19.
813.01 (1) The minister may appoint facilitators for the purposes of this Division, whose responsibilities are to monitor service reviews and service withdrawals, and to assist the parties in reaching agreement in those processes, by
(a) facilitating negotiations,
(b) facilitating resolution of issues, and
(c) assisting in setting up and using mediation or other non-binding resolution processes.
(2) On receiving a notice under section 813.04 [initiating a service review] or 813.08 [initiating service withdrawal], the minister may designate a person appointed under subsection (1) as the facilitator responsible to assist the parties in relation to the matter.
(3) Subject to subsection (4), at any time during a service review or service withdrawal, the facilitator designated under subsection (2) is to provide the assistance described in subsection (1) if requested to do so by a party.
(4) The authority for the facilitator to provide assistance in relation to a service withdrawal ends at the time an arbitration referred to in section 813.13 begins.
(5) Once a facilitator becomes involved under this section, the parties must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.
813.02 (1) The parties to a service review or service withdrawal are
(a) the initiating participant,
(b) any other participant in the service, and
(c) the board.
(2) The representatives for the parties to a service review or service withdrawal are the following:
(a) in the case of a municipal participating area,
(i) a council member appointed by the council, or
(ii) if no appointment is made, the mayor;
(b) in the case of an electoral participating area, the director of the electoral area;
(c) in the case of the board,
(i) a director appointed by the board, or
(ii) if no appointment is made, the chair.
(3) The board and any municipal participant may make an appointment referred to in subsection (2) and, if this is done, must notify the other parties as to the person who is to be their representative in the service review or service withdrawal.
813.03 (1) Costs incurred by a party in respect of their own participation in a service review or service withdrawal may only be recovered as follows:
(a) in the case of costs incurred by a municipal participant, the costs must be recovered from the municipal participating area on the same basis as other costs of the service are recovered from that participating area;
(b) in the case of costs incurred by an electoral area participant, the costs are deemed to be costs of the service and must be recovered from the participating area on the same basis as other costs of the service are recovered from that participating area;
(c) in the case of costs incurred by the board, the costs are deemed to be costs of the service and must be apportioned and recovered from the service area on the same basis as other costs of the service.
(2) Unless otherwise agreed by the parties to a service review or service withdrawal or, in the case of arbitration, unless otherwise directed by the arbitrator,
(a) the fees of any mediator or arbitrator engaged to conduct or participate in the process, other than the fees of a facilitator under section 813.01 [minister may appoint facilitators],
(b) the administrative costs of the process, other than costs incurred by the parties in respect of their own participation in the process, and
(c) any other costs with respect to the service review or service withdrawal that are not costs referred to in subsection (1)
are deemed to be costs of the service and must be recovered in accordance with subsection (3).
(3) The costs to be recovered under subsection (2) must be assigned, apportioned and recovered as follows:
(a) in the case of a service review that dealt with only one service, the costs must be apportioned between and recovered from the participating areas on the same basis as other costs of the service;
(b) in the case of a service review that dealt with more than one service, the costs must be
(i) assigned proportionately between the services under review at the time those costs were incurred, on the basis of the relative expenditures provided for the services in the previous year's financial plan, and
(ii) for each service, apportioned and recovered in accordance with paragraph (a);
(c) in the case of a service withdrawal that dealt with only one service, subject to a regulation under subsection (4), the costs must be
(i) assigned proportionally between the service area and the participating area for the initiating participant, on the basis of the converted value of land and improvements in those areas,
(ii) for costs assigned to the service area, apportioned and recovered in accordance with paragraph (a), and
(iii) for costs assigned to the initiating participant, recovered on the same basis that other costs of the service are recovered from the participating area;
(d) in the case of a service withdrawal that dealt with more than one service, subject to a regulation under subsection (4), the costs must be
(i) assigned proportionately between the services under review at the time those costs were incurred, on the basis of the relative expenditures provided for the services in the previous year's financial plan, and
(ii) for each service, assigned, apportioned and recovered in accordance with paragraph (c).
(4) The Lieutenant Governor in Council may make regulations providing how costs are to be assigned under subsection (3) (c) and (d) in cases where there is more than one initiating participant.
813.04 (1) A participant may initiate a service review under this Division if all the following circumstances apply:
(a) the participant has been a participant in the service for at least 5 years or, if applicable, the shorter time period provided in the establishing bylaw for the service;
(b) the service has not been subject to a service review that was initiated within the past 3 years;
(c) the establishing bylaw does not include provisions under section 800.2 (1) (c.2) establishing an alternative review process;
(d) the participant considers that the terms and conditions of participation in the service are not satisfactory.
(2) To initiate a service review, a participant must give written notice to the board, all other participants in the service and the minister.
(3) The notice under subsection (2) must
(a) describe the terms and conditions of participation in the service that the participant finds unsatisfactory,
(b) give reasons, relating to those terms and conditions, as to why the participant wishes to initiate the service review, and
(c) describe how the participant has previously attempted to resolve the issues.
(4) A participant who wishes to initiate service reviews for more than one service must give separate notice under this section for each service.
(5) In the case of a service review in relation to the exercise of authority under letters patent, the minister may determine what is to be considered a separate service under that authority for the purposes of this Division.
813.05 (1) The following issues may be addressed by a service review:
(a) the issues raised by the notice under section 813.04 [initiating a service review];
(b) any other issue respecting the service raised by a party at a preliminary meeting under section 813.06 [preliminary meeting];
(c) if the other parties agree, an issue respecting the service raised by a party after the preliminary meeting.
(2) In addition to the issues under subsection (1), if
(a) at the same time or after the service review is initiated, another service review is initiated by notice under section 813.04 [initiating a service review] in respect of the same or another service,
(b) the other parties to the initial service review agree, and
(c) if applicable, any participants in the other service who are not parties to the initial service review also agree,
the service reviews may be combined and dealt with in the same service review.
813.06 (1) Within 120 days after receiving a notice under section 813.04 [initiating a service review], the board must arrange a preliminary meeting of all party representatives for the purpose of
(a) reviewing the terms and conditions of the service, and
(b) establishing a negotiation process for addressing
(i) the issues raised in the notice, and
(ii) any other issues raised by a party during the meeting,
with a view to reaching an agreement on the negotiation process and the issues to be addressed in the negotiations.
(2) If a facilitator has been designated under section 813.01 [minister may appoint facilitator], the board must give notice of the preliminary meeting to the facilitator.
(3) The requirement for a meeting under subsection (1) does not apply to a service review that is combined under section 813.05 with another service review that was previously initiated.
813.07 (1) Within 60 days after the preliminary meeting under section 813.06 [preliminary meeting] was convened, or the first such meeting was convened if there is more than one, the parties must begin negotiations for the purpose of reaching agreement on the relevant issues.
(2) All parties must negotiate in good faith, making reasonable efforts to reach an agreement respecting the issues being addressed in the service review.
813.08 (1) A participant may initiate service withdrawal if all the following circumstances apply:
(a) the service has been subject to
(i) a service review that was initiated within the past 3 years, or
(ii) an alternative review process in accordance with establishing bylaw provisions under section 800.2 (1) (c.2) that was started within the past 3 years;
(b) the first meeting respecting the review, which in the case of a service review is the first preliminary meeting under section 813.06 [preliminary meeting], was convened more than 8 months ago;
(c) the service is not
(i) a service referred to in section 800 (2) [services for which no establishing bylaw required],
(ii) a regulatory service, or
(iii) a service prescribed under subsection (5).
(2) A participant may initiate service withdrawal under this Division even if the establishing bylaw provides terms and conditions for withdrawal under section 800.2 (1) (d).
(3) To initiate service withdrawal, a participant must give written notice to the board, all other participants in the service and the minister.
(4) The notice under subsection (3) must
(a) describe the terms and conditions of participation in the service that the participant finds unsatisfactory, and
(b) give reasons, relating to those terms and conditions, as to why the participant wishes to withdraw from the service.
(5) The Lieutenant Governor in Council may make regulations excluding services from withdrawal under this Division.
(6) Regulations under subsection (5) may be different for different regional districts and different circumstances.
813.09 (1) After receiving a notice under section 813.08 [initiating service withdrawal], unless the matter is to be dealt with in another service withdrawal under section 813.10, the minister must do one of the following:
(a) if the establishing bylaw provides an alternative review process and the minister considers that agreement may be reached by a service review under this Division, terminate the service withdrawal and direct the parties to engage in a service review;
(b) direct the parties to engage in further negotiations, specifying a time period within which the parties must conclude negotiations;
(c) direct the parties to engage in mediation under section 813.12 [mediation], specifying a time period within which the mediation must be concluded;
(d) if satisfied that agreement is unlikely under paragraph (a), (b) or (c), direct that the terms and conditions for withdrawal from the service be resolved by arbitration under section 813.13 [arbitration].
(2) The minister may extend a time period established under subsection (1) (b) or (c) before or after it has expired.
(3) If no agreement is reached from negotiations under subsection (1) (b) within the applicable time period, the minister must direct the parties to engage in mediation or arbitration in accordance with subsection (1) (c) or (d).
813.10 (1) If, at the same time or after a service withdrawal is initiated, the minister receives another notice under section 813.08 [initiating service withdrawal] respecting the same or any other service of the same regional district,
(a) in the case of a service withdrawal that is in negotiation under section 813.09 (1) (b) or mediation under section 813.12, the minister may direct that the matter be dealt with as part of the initial service withdrawal, and
(b) in the case of a service withdrawal that is in arbitration under section 813.13, the minister must refer the matter to the arbitrator who may direct that it be dealt with as part of the initial service withdrawal.
(2) Before making a direction under subsection (1), the minister or arbitrator must consult with
(a) the parties in the initial service withdrawal,
(b) if applicable, the mediator, and
(c) if applicable, any participants in the other service who are not parties to the initial service withdrawal.
813.11 A service withdrawal may be ended at any stage of the process
(a) by agreement between the parties,
(b) if there is only one notice under section 813.08 [initiating service withdrawal] in respect of the process, at the option of the initiating participant, or
(c) if there is more than one notice under section 813.08 [initiating service withdrawal] in respect of the process, by agreement between the initiating participants.
813.12 (1) If mediation is directed under section 813.09 (1) (c) [minister's direction on process], the mediator must be selected
(a) by agreement between the parties, or
(b) if the minister considers that the parties will not be able to reach agreement, by the minister.
(2) The mediation is to be a process of negotiation by the parties, undertaken with the assistance of a neutral and impartial person, for the purpose of reaching a mutually acceptable resolution of the relevant issues.
(3) The mediator must give notice to the minister when the mediation is concluded.
(4) Subject to subsection (5), if agreement on the terms and conditions for withdrawal is not reached during the mediation or within 60 days after the mediation is concluded, the terms and conditions for withdrawing from the service must be resolved by arbitration under section 813.13 [arbitration].
(5) The minister may extend the time period under subsection (4) before or after it has expired.
813.13 (1) If agreement in relation to service withdrawal cannot otherwise be reached under this Division, the terms and conditions for withdrawal must be resolved before a single arbitrator by
(a) final proposal arbitration in accordance with subsection (4), or
(b) full arbitration in accordance with subsection (5).
(2) The choice of process under subsection (1) (a) or (b) is to be determined by agreement between the parties but, if the minister considers that they will not be able to reach agreement, the minister must direct which procedure is to be used.
(3) The arbitrator is to be selected from a list prepared by the minister in consultation with the Union of British Columbia Municipalities, and is to be selected
(a) by agreement between the parties, or
(b) if the minister considers that the parties will not be able to reach agreement, by the minister.
(4) Subject to any regulations under section 813.19, the following apply to final proposal arbitration under this section:
(a) the arbitrator must conduct the proceedings on the basis of a review of written documents and written submissions only, and must determine each disputed issue by selecting one of the final written proposals submitted by the parties respecting that issue;
(b) in making a determination under paragraph (a), the arbitrator must consider any terms and conditions established under section 800.2 (1) (d) [establishing bylaw provisions respecting withdrawal];
(c) the terms and conditions for service withdrawal must be resolved by the arbitrator after incorporation of the final proposals selected under paragraph (a) in respect of each issue;
(d) no written reasons are to be provided by the arbitrator.
(5) Subject to any regulations under section 813.19, the following apply to full arbitration under this section:
(a) the arbitrator may conduct the proceedings at the times and in the manner he or she determines;
(b) the arbitrator must consider any terms and conditions referred to in section 800.2 (1) (d) [establishing bylaw provisions respecting withdrawal];
(c) the terms and conditions for service withdrawal must be resolved by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues;
(d) for an arbitration involving more than one initiating participant, the final resolution may establish different terms and conditions for service withdrawal depending on which participants decide to withdraw under the final resolution;
(e) the arbitrator must give written reasons for the decision.
(6) The Commercial Arbitration Act does not apply to arbitration under this Division.
813.14 (1) Within one year after final resolution under section 813.13 [arbitration] or a longer time established under subsection (2) of this section, each initiating participant must do one of the following and must notify the minister and board as to whichever applies:
(a) agree to continue as a participant on the current terms and conditions;
(b) agree with the board and the other participants on new terms and conditions for continued participation in the service;
(c) agree with the board and the other participants on terms and conditions for withdrawal that differ from the final resolution;
(d) seek approval in accordance with subsection (4) regarding withdrawal from the service in accordance with the final resolution and, as applicable,
(i) if that approval is obtained and the participant decides to proceed with withdrawal, agree to withdraw from the service in accordance with the final resolution, or
(ii) if that approval is not obtained, or the approval is obtained but the participant decides not to proceed with withdrawal, agree to continue as a participant on the current terms and conditions.
(2) The minister may extend the time period under subsection (1) before or after it has expired.
(3) If the board and the participants do not adopt the bylaws and take the other actions required to implement an agreement referred to in subsection (1) (b) or (c) within the applicable time period under subsection (1), the initiating participant is deemed to have given notice of continuation under subsection (1) (a) unless it has given notice of withdrawal before the end of that period.
(4) Approval required under subsection (1) (d) is obtained by one of the following:
(a) assent of the electors in the participating area in accordance with section 801.2 [approval by assent of the electors];
(b) in the case of a service referred to in section 801.3 (1) [approval by alternative approval process], by approval in accordance with that section;
(c) in the case of a municipal participating area that is all of the municipality, consent given on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal participating area].
(5) If the service withdrawal is related to more than one service,
(a) approval must be sought in respect of all services considered together, which are deemed to be a single matter requiring approval,
(b) approval under subsection (4) (b) may only be used if each of the services are services referred to in section 801.3 (1) (a) or (b) [approval by alternative approval process], and
(c) approval under subsection (4) (c) may only be used if the municipal participating area for each of the services is all of the municipality.
813.15 (1) The minister must direct that a new arbitration under section 813.13 [arbitration] be undertaken, if
(a) a service withdrawal involved more than one initiating participant,
(b) only some of the initiating participants give notice of withdrawal, and
(c) the final resolution does not include applicable provisions under section 813.13 (5) (d) [arbitration — separate terms and conditions].
(2) For the purposes of arbitration under subsection (1), the participants who gave the notice of withdrawal are deemed to be the initiating participants.
813.16 A final resolution becomes binding on all parties as follows:
(a) in the case of a service withdrawal involving only one initiating participant, if the initiating participant gives notice of withdrawal, the final resolution becomes binding when that notice is given;
(b) in the case of a service withdrawal involving more than one initiating participant, if all initiating participants give notice of withdrawal, the final resolution becomes binding when the last of these notices is given;
(c) in the case of a service withdrawal involving more than one initiating participant, if
(i) one or more initiating participants give notice of withdrawal, and
(ii) the final resolution includes applicable provisions under section 813.13 (5) (d) [arbitration — separate terms and conditions],
the applicable provisions of the final resolution become binding when all of the initiating participants have given notice under section 813.14 (1) (a) or (d) or at the end of the time period under that section, whichever is earlier.
813.17 (1) The board and the participants must adopt the bylaws and take the other actions required to implement the terms and conditions of a final resolution within 90 days after it becomes binding under section 813.16 [when arbitrator's decision becomes binding].
(2) Despite any other provision of this Act, approval of the electors is not required for a bylaw referred to in subsection (1).
(3) The minister may extend the time period under subsection (1) before or after it has expired.
813.18 (1) If the board or a municipal participant does not adopt the bylaws required under section 813.17 [implementation by bylaw], on the recommendation of the minister, the Lieutenant Governor in Council may, by order, implement the terms and conditions of the final resolution.
(2) An order under subsection (1) is deemed to be a bylaw of the applicable local government.
813.19 (1) The minister may make regulations respecting arbitrations under this Division and, without limiting this, may make regulations as follows:
(a) respecting matters that an arbitrator must or may consider;
(b) respecting the authority of an arbitrator to resolve the terms and conditions for withdrawing from a regional district service;
(c) respecting the authority of an arbitrator to require the cooperation of local governments and electoral area directors in relation to the arbitration.
(2) Regulations under this section may be different for final proposal arbitration, full arbitration and arbitration directed under section 813.15 [direction to further arbitration in certain cases].
Division 5 — Financial Operations
814 (1) The regional district financial officer must keep separate financial records for each service that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details.
(2) The fiscal year for a regional district is the calendar year.
(3) The following provisions of the Community Charter apply to regional districts:
section 167 [annual financial statements];
section 168 [reporting of council remuneration, expenses and contracts];
section 183 [investment of municipal funds];
Division 2 of Part 6 [Audit];
Division 4 of Part 6 [Reserve Funds];
Division 5 of Part 6 [Restrictions on Use of Municipal Funds].
(4) In relation to the application of Division 4 [Reserve Funds] of Part 6 of the Community Charter,
(a) the provisions apply as though each service were the only service provided by the regional district,
(b) all accounting and other matters relating to a reserve fund must be kept separate for each service, and
(c) a board may adopt a bylaw under section 189 (3) [reserve fund used in relation to expropriation or damage to property] of the Community Charter in relation to compensation in respect of property expropriated or injured or to carry out works referred to in section 311 [entry on land to mitigate damage] of this Act, but only with the approval of the inspector.
814.1 (1) By June 30 in each year, a regional district must hold a board meeting or other public meeting for the purpose of presenting
(a) the audited financial statements of the preceding year, and
(b) the report under section 168 [reporting of remuneration, expenses and contracts] of the Community Charter.
(2) The board must give notice of the meeting by publication in a newspaper, including
(a) the date, time and place of the meeting, and
(b) a statement that the financial statements and any reports to be presented at the meeting are available for inspection at the regional district offices.
(3) A copy of the financial statements and reports must be available for public inspection at the regional district offices during their regular office hours from the time the notice under subsection (2) is given until June 30 in the following year.
815 (1) A regional district must have a financial plan that is adopted annually, by bylaw, by March 31.
(2) For certainty, the financial plan may be amended by bylaw at any time.
(3) The planning period for a financial plan is 5 years, that period being the year in which the plan is specified to come into force and the following 4 years.
(4) The financial plan must set out the following for each year of the planning period, shown separately for each service:
(a) the proposed expenditures for the service;
(b) the proposed funding sources for the service;
(c) the proposed transfers between funds in respect of the service.
(5) For any year, the total of the proposed expenditures and transfers to other funds in respect of a service must not exceed the total of the proposed funding sources and transfers from other funds for the service.
(6) The proposed expenditures for a service must set out separate amounts for each of the following as applicable:
(a) the amount required to pay interest and principal on regional district debt;
(b) the amount required for capital purposes;
(c) the amount required for a deficiency referred to in subsection (11);
(d) the amount required for other purposes.
(7) The proposed funding sources for a service must set out separate amounts for each of the following as applicable:
(a) revenue from property value taxes;
(b) revenue from parcel taxes;
(c) revenue from fees and charges;
(d) revenue from other sources;
(e) proceeds from borrowing, other than borrowing under section 821 [revenue anticipation borrowing].
(8) The proposed transfers between funds in respect of a service must set out separate amounts for
(a) reserve funds, and
(b) accumulated surplus.
(9) As a limit on expenditures, the amounts that may be included in a financial plan as expenditures respecting assistance to be apportioned under section 804 (2) (g) [assistance other than under a partnering agreement] must not, in total, exceed the amount that would be obtained by a tax of 10¢ per $1 000 on the net taxable value of land and improvements in the regional district.
(10) As a limit on revenues,
(a) if section 800.1 (1) (e) [requisition limits in establishing bylaw] applies in relation to a service, the total of the amounts included under subsection (7) (a) and (b) for the service must not exceed the maximum amount set under that section, and
(b) the total of the amounts requisitioned under sections 795.31 [tax base, requisitions and collection of funds in treaty lands], 805 [municipal requisitions] and 806 [electoral area requisitions] in respect of the service must not exceed the amounts included under subsection (7) (a) and (b).
(11) If actual expenditures and transfers to other funds in respect of a service for a year exceed actual revenues and transfers from other funds in respect of the service for the year, the resulting deficiency must be included in the next year's financial plan as an expenditure for the service in that year.
816 (1) A board must undertake a process of public consultation regarding the proposed financial plan before it is adopted.
(2) The designated regional district officer must send a copy of the financial plan to each municipality in the regional district and to the inspector.
817 (1) A regional district must not make an expenditure other than one authorized under subsection (2) or (3).
(2) A regional district may make an expenditure that is provided for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.
(3) A regional district may make an expenditure for an emergency that was not contemplated for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.
(4) In relation to the authority under subsection (3), the board must establish procedures
(a) to authorize expenditures under that subsection, and
(b) to provide for such expenditures to be reported to the board at a regular meeting.
(5) If an expenditure is made under subsection (3), as soon as practicable, the board must amend the financial plan in respect of the service to include the expenditure and the funding source for the expenditure.
(6) For certainty, the authority under subsection (3) does not include the authority to borrow for the purpose of making the expenditure.
818 (1) A regional district may only incur a liability under the authority of this or another Act.
(2) A regional district must not incur a liability for which expenditures are required during the planning period for its financial plan unless those expenditures are included for the applicable year in the financial plan.
(3) Subsection (2) does not apply to a debt under section 821 [revenue anticipation borrowing].
819 (1) The following provisions of the Community Charter apply to regional districts:
section 175 [liabilities under agreements];
section 176 [liabilities imposed under prescribed enactments];
section 179 [loan authorization bylaws for long term borrowing].
(2) For the purposes of obtaining the approval of the electors under section 175 of the Community Charter, the electors are the electors of the service area in respect of which the liability is to be incurred.
(3) In relation to section 179 (1) (g) of the Community Charter as it applies under subsection (1), the reference to carrying out works referred to in section 32 (3) [expropriation or damage to property] of that Act is to be read as a reference to works referred to in section 311 [entry on land to mitigate damage] of this Act.
821 (1) A board may, by bylaw, provide for the borrowing of money that may be necessary to meet its current lawful expenditures before its revenue, from all sources, to pay for those expenditures has been received.
(2) Money borrowed under this section must be repaid when the anticipated revenue with respect to which the borrowing was authorized is received.
822 (1) A board may, by bylaw adopted with the approval of the inspector, contract a debt for any purpose of a capital nature related to the service under section 800 (2) (a) [general administration].
(2) A bylaw and the debt under this section must comply with the following:
(a) the debt must not cause the aggregate liabilities under this section to exceed the sum of $50 000 plus the product of $2 multiplied by the population of the regional district;
(b) the debt and securities for it must be payable no later than the lesser of
(i) 5 years from the date on which the securities were issued, or
(ii) the reasonable life expectancy of the capital asset for which the debt is contracted;
(c) the bylaw must set out
(i) the amount of the debt intended to be incurred, and
(ii) in brief and general terms, the purpose for which the debt is to be incurred.
(3) For the purposes of subsection (2) (a), the population of the regional district is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known.
823 (1) In addition to the requirements of section 179 [loan authorization bylaws for long term borrowing] of the Community Charter, a regional district loan authorization bylaw must identify the service to which it relates.
(2) A loan authorization bylaw may not be adopted in relation to a service referred to in section 800 (2) (h) [grants for mountain resort business improvement areas].
(3) Section 802 (1) to (6) [amendment or repeal of establishing bylaws] applies to the amendment or repeal of a loan authorization bylaw.
823.1 (1) Subject to subsection (2), a loan authorization bylaw must receive participating area approval in accordance with this section.
(2) Participating area approval is not required for the following:
(a) money borrowed for a purpose referred to in section 179 (1) (d) to (f) [borrowings for court and arbitration requirements] of the Community Charter;
(b) paying compensation in respect of property expropriated or injured in carrying out works referred to in section 311 [entry on land to mitigate damage] of this Act;
(c) money borrowed for a purpose prescribed by regulation or in circumstances prescribed by regulation, subject to any conditions established by regulation.
(3) Participating area approval under this section may be obtained as follows:
(a) in any case, by assent of the electors in accordance section 801.2 [approval by assent of the electors];
(b) in any case, by approval given in accordance with section 801.3 [approval by alternative approval process];
(c) for a municipal participating area that is all of the municipality, consent given in accordance with section 801.4 [consent on behalf of municipal participating area];
(d) for an electoral participating area, by consent given in accordance with section 801.5 (2) to (4) [consent on behalf of electoral participating area] if
(i) the borrowing is in relation to a service that was requested by petition under section 797.4 [petition for electoral area services] and the petition contemplated the borrowing, or
(ii) the borrowing was requested by petition under section 823.11 [electoral participating area petition for borrowing].
(4) The matter put before the electors under subsection (3) (a) or (b) must include the information referred to in section 179 (2) [loan authorization bylaw requirements] of the Community Charter.
(5) Subject to this section, Division 4.1 [Establishing Bylaws] of this Part applies for the purposes of obtaining approval required by subsection (1).
823.11 (1) The owners of parcels in an electoral participating area may sign and submit to the regional district a petition for borrowing in relation to the service.
(2) Each page of a petition referred to in subsection (1) must do the following:
(a) identify the service in relation to which the borrowing is proposed;
(b) identify the relevant electoral participating area;
(c) describe in brief and general terms the purpose of the proposed borrowing;
(d) state the estimated total amount of the proposed borrowing;
(e) state the maximum term for which the debentures for the proposed borrowing may be issued;
(f) contain other information that the board may require.
(3) In order for a petition to be certified as sufficient and valid for the purposes of this section,
(a) the petition must be signed by the owners of at least 50% of the parcels liable to be charged in relation to the proposed borrowing, and
(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the electoral participating area.
(4) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter applies to a petition under this section.
823.2 (1) A board that has adopted a loan authorization bylaw may, by bylaw, temporarily borrow money not exceeding the difference between the total amount authorized by the loan authorization bylaw and the amount already borrowed in relation to that bylaw.
(2) To the extent necessary, the proceeds of the borrowing under section 825 [security issuing bylaws] in relation to the loan authorization bylaw must be used to repay the money temporarily borrowed.
824 (1) A regional district may finance, at the request and sole cost of a municipality, an undertaking
(a) for which the council of the municipality has adopted a loan authorization bylaw in accordance with the Community Charter, or
(b) in the case of the City of Vancouver, for which the council has passed a bylaw or resolution authorizing the borrowing of money under the Vancouver Charter.
(2) For the purpose of this financing, the board may adopt a security issuing bylaw without adopting a loan authorization bylaw, and the bylaw must state, as its authorization, the bylaw or resolution referred to in subsection (1).
(3) The municipality must provide for and pay over to the regional district the sums required to discharge its obligations in accordance with the terms of debentures issued to the regional district or agreements entered into under section 825 [security issuing bylaws] or under the Vancouver Charter.
(4) If the sums provided for in the debentures or under the agreements, as referred to in subsection (3), are not sufficient to meet the obligations of the board, the deficiency is a liability of the municipality to the regional district.
825 (1) A board may, by a security issuing bylaw, provide for the issue of debentures or other evidence of debt for all or part of the debt authorized by one or more loan authorization bylaws.
(2) A security issuing bylaw must specify the following:
(a) the loan authorization bylaws that authorize the borrowing;
(b) the amount of borrowing authorized by each loan authorization bylaw;
(c) the amount already borrowed under each loan authorization bylaw;
(d) the amount remaining to be borrowed under each loan authorization bylaw;
(e) the amount authorized by the security issuing bylaw to be issued under each loan authorization bylaw;
(f) the term of the debt.
(3) The proceeds of the borrowing under a security issuing bylaw must be allotted proportionately for the purposes of each loan authorization bylaw referred to in subsection (2) (a).
(4) A security issuing bylaw must not be adopted
(a) while any proceeding is pending in which the validity of a loan authorization bylaw referred to in subsection (2) (a) is called into question or by which it is sought to be set aside, or
(b) until the time for giving notice of intention to apply to set aside the loan authorization bylaw expires.
(5) A regional district security issuing bylaw may include borrowing under section 824 [financing municipal undertakings], as well as borrowing by the regional district for its own purposes.
826 (1) Money borrowed by a regional district must be on its credit at large and, in the event of default, constitutes an indebtedness of the municipalities and electoral areas in the regional district that they are jointly and severally liable to repay.
(2) If a municipality defaults on the payment of money due and payable by it to the regional district, the Lieutenant Governor in Council may, at the request of the board, appoint a commissioner for the municipality and, on being appointed, the commissioner has all the powers and duties of a commissioner appointed under Part 30 [Administrative Commissioner].
837 (1) If a regional district makes an agreement with a public authority to provide services to or for the public authority that are within the powers of the public authority, the entire cost of providing the service under the agreement is a debt owed to the regional district by the public authority.
(2) A service provided under an agreement referred to in subsection (1) may be provided inside the boundaries of another regional district if that other regional district consents.
838 (1) A board may, by bylaw, establish in an electoral area one or more local communities to be administered by local community commissions.
(2) A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw, has no effect unless it receives the assent of the electors in the area of the local community and is approved by the inspector.
(3) As an exception to subsection (2), the minister may waive the requirement for assent of the electors to a bylaw that amends or repeals a bylaw establishing a local community.
(4) For the purposes of obtaining the assent of the electors as required by this section, Part 4 applies and the voting area is to be the proposed local community or the local community, as applicable.
(5) A bylaw establishing a local community must do the following:
(a) name the local community;
(b) establish the boundaries of the local community;
(c) establish the time and manner of holding annual general meetings of the commission;
(d) establish either
(i) that elections for commissioners are to be held every 3 years at the time of the general local election, or
(ii) that elections for commissioners are to be held each year at a time specified in the bylaw.
(6) A bylaw establishing a local community may do one or more of the following:
(a) establish the manner of holding elections for commissioners, if this is to be different from that provided by the application of Part 3;
(a.1) provide that the number of elected commissioners is to be 6;
(b) [Repealed 1998-34-186.]
(c) set terms, conditions and restrictions on activities of the commission.
(7) A bylaw under subsection (6) (a) must be adopted at least 8 weeks before the general voting day for the election to which it first applies.
(8) The commission for a local community consists of
(a) unless the bylaw provides otherwise under subsection (6) (a.1), 4 elected commissioners, and
(b) the director for the electoral area in which the local community is located.
(8.1) A commissioner must have the qualifications to hold office as a director.
(9) Except as provided by a bylaw under subsection (6) (a), Part 3 applies to the election of commissioners.
(10) The term of office for elected commissioners is to be
(a) 3 years or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held every 3 years, or
(b) one year or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held each year.
(11) At each annual general meeting, the commissioners must elect a chair and a vice chair.
(12) [Repealed 2000-7-116.]
840 Despite this Act or a provision in letters patent issued to a regional district, a bylaw of a regional district regulating or prohibiting the discharge of firearms, as defined in the Wildlife Act, S.B.C. 1982, c. 57, is unenforceable to the extent that a regulation under section 108 (2) (n) or (o) of the Wildlife Act is in force in the regional district.
846 (1) Part 29 applies to a regional district and its board.
(2) The council of a municipality or a director of an electoral area may make a complaint to the inspector regarding any bylaw, order, decision or action of the board.
(3) If a complaint is received, the inspector, or a person authorized by the inspector, may hold an inquiry.
(4) An inquiry under subsection (3) must be open to the public.
(5) Section 1021 (3) and (4) applies to the person holding the inquiry under subsection (3).
(6) The person holding the inquiry must report to the Lieutenant Governor in Council on the evidence adduced and the representations and argument made and must make recommendations.
(7) The Lieutenant Governor in Council may, on receipt of the report referred to in subsection (6), make an order.
(8) An order under subsection (7) is binding on the board.
847 (1) The following apply to a regional district and its board:
Division 2 [Proceedings against Municipality] of Part 7;
section 293 (2) and (3) [writ of execution against municipality];
section 294 [copy of writ to be left with municipal officer];
section 297 [officers of municipality as officers of court];
section 298 [certain municipal property exempt from seizure].
(1.1) Section 275 [entry warrants] of the Community Charter applies to regional districts.
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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