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This archived statute consolidation is current to June 17, 2015 and includes changes enacted and in force by that date. For the most current information, click here.
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Local Government Act

[RSBC 1996] CHAPTER 323

Part 8 — Special Powers Relating to Property

Division 1 — Reservation and Dedication of Regional District Property

Power to reserve and dedicate regional district land for public purpose

302  Section 30 [reservation and dedication of municipal property] of the Community Charter applies to regional districts.

Control of Crown land parks dedicated by subdivision

303  (1) If land outside a municipality is dedicated to the public for the purpose of a park or a public square by a subdivision plan deposited in the land title office, by which title is vested in the Crown, the regional district in which it is located is entitled to possession and control of the land for that purpose.

(2) If land referred to in subsection (1) was dedicated as referred to in that subsection before this Act came into force, the regional district is deemed to have had possession and control of it for that purpose from the date it was dedicated, and continues to have that possession and control.

Exchange of park land

304  (1) Section 27 [exchange or other disposal of park land] of the Community Charter applies to land

(a) referred to in section 303 [Crown land parks dedicated by subdivision],

(b) vested in a regional district under section 936 (5) (a) [park land in place of development cost charges], or

(c) vested in a regional district under section 941 (14) [park land in relation to subdivision].

(2) All land taken in exchange under this section is dedicated for the purpose of a park or public square and the title to it vests

(a) in the case of land referred to in subsection (1) (a), in the Crown with right of possession and control in the regional district, and

(b) in the case of land referred to in subsection (1) (b) or (c), in the regional district.

(3) A transfer under this section of land referred to in subsection (1) (a) has effect as a Crown grant.

Repealed

305  [Repealed 2003-52-249.]

Repealed

305.1-305.2  [Repealed 2003-52-249.]

Division 2 — Municipal Forest Reserves

Establishment of municipal forest reserve

306  (1) Despite this Act or any law, a council may, by bylaw adopted with the assent of the electors, set aside as a municipal forest reserve land owned by the municipality that the council believes is suitable for reforestation purposes.

(2) A council may, by bylaw adopted by an affirmative vote of at least 2/3 of its members but without the assent of the electors, set aside and include within a municipal forest reserve established under this section any land owned or held by the municipality.

Sale or lease of municipal forest reserve

307  (1) As a limitation on section 8 (1) [natural person powers] of the Community Charter, a council must not sell or lease land set aside as a municipal forest reserve except as provided in this Division.

(2) A council may, by bylaw adopted with the approval of the electors, withdraw land from a municipal forest reserve.

(3) In addition to the information required by section 86 (2) [alternative approval process — notice] of the Community Charter or section 164 (3) [notice of assent voting] of this Act, the notice in relation to approval of the electors under subsection (2) of this section must

(a) describe the purpose for which the council intends to withdraw the land from the municipal forest reserve, and

(b) in the case of a sale of the land, state the price that is to be received.

(4) A council may, by bylaw adopted with the assent of the electors, lease for a term not longer than 99 years, all or part of a municipal forest reserve, subject to the following:

(a) the agreement must make adequate provision for the protection of the municipal forest reserve on a sustained yield basis and for protection from fire;

(b) the annual rental agreed on must be based on area and current values of the annual cutting;

(c) the lessee must covenant to pay normal municipal taxes on the land, and on any structure erected or placed on the land either temporarily or permanently;

(d) the agreement must be embodied in the bylaw.

Cutting and removal of timber

308  (1) Without limiting section 8 (1) [natural person powers] of the Community Charter, a council may cut, sell, remove or otherwise dispose of any timber or other products from a municipal forest reserve.

(2) An agreement between a municipality and a person for the cutting and removal of timber from a municipal forest reserve must

(a) provide that only selected trees may be cut,

(b) provide for the protection of young growth and other trees and timber, and

(c) provide for protection from fire.

Division 3 — Expropriation and Compensation

Expropriation power

309  (1) For the purpose of exercising or performing its powers, duties and functions, a regional district may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act.

(1.1) Without limiting subsection (1), in addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, a regional district may expropriate

(a) a licence authorizing the diversion of water from a stream, as defined in the Water Act, that is suitable for a water supply for the regional district, and

(b) any work constructed or used under the authority of the licence.

(2) The powers under subsections (1) and (1.1) also apply to property outside the regional district for the purposes of

(a) a service provided by the regional district to an area outside the regional district, or

(b) establishing and managing quarries, sand pits or gravel pits to acquire material for regional district works.

Repealed

309.1  [Repealed 2003-52-252.]

Authority in relation to services

310  (1) Without limiting section 309 [expropriation power], a regional district may, for the purposes of one or more of its services, enter on, break up, alter, take or enter into possession of and use real property.

(2) If a regional district exercises an authority to provide a service outside the regional district, the power under subsection (1) applies to property outside the regional district in relation to that service.

(3) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property] of the Community Charter, as that section applies under section 314.1 [authority to enter on or into property] of this Act.

Entry on land to mitigate damage

311  (1) If a board considers that real property may be injuriously affected by the exercise of a board power, the regional district may enter on real property and undertake works of construction, maintenance or repair in mitigation of injury done or anticipated, or in reduction of compensation.

(2) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property] of the Community Charter, as that section applies under section 314.1 [authority to enter on or into property] of this Act.

Compensation for expropriation and other actions

312  (1) Unless expressly provided otherwise, if a regional district expropriates real property or works under this or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any benefit that the person claiming the compensation may derive from the work resulting from the expropriation.

(2) If a regional district

(a) exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and

(b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act,

compensation is payable for any loss or damages caused by the exercise of the power.

(3) For the purposes of subsection (2), compensation must be paid as soon as practicable in an amount set

(a) by agreement between the person claiming the compensation and the regional district, or

(b) if no agreement is reached, by the Supreme Court.

Repealed

313  [Repealed 2003-52-252.]

Division 4 — Other Regional District Powers

Power to accept property on trust

314  (1) Without limiting section 176 [corporate powers], a board may accept any property devised, bequeathed, conveyed or otherwise transferred to the regional district, subject to any trusts on which the property is transferred.

(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, a board may sell the property despite any limitations or restrictions in this Act.

(3) All money held by a regional district subject to a trust, until required for the purposes of the trust, must be invested in accordance with section 183 [investment of municipal funds] of the Community Charter as that section applies under section 814 (3) of this Act.

(4) If, in the opinion of a board, the terms or trusts imposed by a donor, settlor, transferor or will-maker are no longer in the best interests of the regional district, the board may apply to the Supreme Court for an order under subsection (5).

(5) On an application under subsection (4), the Supreme Court may vary, by order, the terms or trusts that the court considers will better further both the intent of the donor, settlor, transferor or will-maker and the best interests of the regional district.

(6) Section 87 [discharge of trustee's duty] of the Trustee Act applies to an order under subsection (5).

Authority to enter on or into property

314.1  (1) Section 16 (1) to (5) [authority to enter on or into property] of the Community Charter applies in relation to an authority under this or another Act for a regional district to enter on property, except that a reference to subsection (6) (a) of that section is to be read as a reference to section 268 [inspections to determine whether bylaws are being followed] of this Act.

(2) Without limiting the matters to which this section applies, a regional district may enter on property for the purpose of taking action authorized under section 269 [regional district action at defaulter's expense].

Repealed

315  [Repealed 2003-52-253.]

Division 4.1 — Special Municipal Powers

Irrigation services

315.1  (1) If a municipal bylaw establishes

(a) taxes or fees for the supply of water for irrigation, or

(b) other terms on which the service may be supplied or used,

the bylaw overrides the terms of any agreement respecting the carriage or supply of water for irrigation entered into by a company or other person from whom the municipality has acquired a water licence or works.

(2) An extension to a system for supplying water for irrigation must not be made for the purpose of supplying water to other land if the extension will prejudicially affect the prior rights of any parties to the use of the water intended to be conveyed and distributed by the extension.

District municipality drainage works

315.2  (1) A district municipality may

(a) collect the water from any highway by means of drains or ditches, and

(b) convey the water to, and discharge the water in, the most convenient natural waterway or watercourse.

(2) A municipality proposing to construct drains or ditches authorized by subsection (1) must publish a notice in accordance with subsection (3) in a newspaper once a week for 4 consecutive weeks.

(3) The notice under subsection (2) must state that

(a) the municipality intends to undertake the works,

(b) plans and specifications of the works may be inspected at the municipal hall, and

(c) all claims for damages or compensation arising out of the construction, maintenance, operation or use of the works must be filed with the municipality within one month from the date of the fourth publication of the notice.

(4) No person has a claim for damages or compensation arising out of or by reason of the construction, maintenance, operation or use of the drains or ditches unless the person has filed a claim referred to in subsection (3) (c) within the time period established by that subsection.

(5) If the municipality proceeds with the works or a portion of them, every claim must be determined in accordance with Division 4 [Expropriation and Compensation] of Part 3 of the Community Charter.

(6) If the construction of the drains or ditches is not started within one year from the date of the fourth publication of the notice under subsection (2), the construction must not proceed unless new notice is given in accordance with that subsection.

(7) No action arising out of, by reason of or in respect of the construction, maintenance, operation or use of a drain or ditch authorized by this section, whenever the drain or ditch is or was constructed, may be brought or maintained in a court against a district municipality.

(8) This section does not restrict the powers of the municipality under this Act or another enactment and, in the case of a conflict, this section prevails.

Division 4.2 — Other Powers

Further powers in relation to assets

315.3  The minister may confer on a local government further powers to manage and dispose of assets, including taxation revenue, that the minister considers necessary or advisable.

Repealed

316-326  [Repealed 1998-34-51.]

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