This archived statute consolidation is current to May 14, 2001 and includes changes enacted and in force by that date. For the most current information, click here.

LOCAL GOVERNMENT ACT — Continued
[RSBC 1996] CHAPTER 323

Part 8 — Special Municipal Powers Relating to Property

Division 1 — Reservation and Dedication of Real Property

Power to reserve municipal land for public purpose

302 (1) A council may, by bylaw, reserve for a particular municipal or other public purpose land owned by the municipality.

(2) A reservation under subsection (1) may be removed by a bylaw adopted by an affirmative vote of at least 2/3 of the council members.

(3) Before adopting a bylaw under subsection (2), the council must provide the electors with a counter petition opportunity.

Power to dedicate municipal land for public purpose

303 (1) A council may, by bylaw with the assent of the electors, dedicate for a municipal or other public purpose real property owned by the municipality.

(2) Despite subsection (1), the assent of the electors is not required for the dedication, by any means, of real property

(a) for highways, or

(b) for any other public purpose if the real property is 5 000 m2 or less in area.

Power to cancel the dedication of a highway

304 (1) A council may, by bylaw,

(a) cancel the dedication of a highway or portion of a highway that has been closed to traffic under section 527 [establishing and closing highways], and

(b) rededicate the highway or portion of a highway as a park or public square.

(2) Before adopting a bylaw under this section, the council must hold a public hearing in accordance with section 890.

(3) On adopting a bylaw under this section, the council must file in the land title office a copy of the bylaw and a reference plan of the rededicated area.

(4) As an exception to subsection (3), the registrar of land titles may accept an explanatory plan instead of the reference plan referred to in that subsection if the registrar is satisfied that the rededicated area is satisfactorily shown on the explanatory plan.

(5) A bylaw under this section does not operate to effect a rededication of a highway that was dedicated by the deposit of a subdivision or reference plan in the land title office if

(a) the owner of the land at the time the plan was deposited is the owner of all of the parcels created by the plan, and

(b) the highway has not been developed for its intended purpose.

Effect of reservation and dedication

305 (1) A reservation bylaw under section 302 or a dedication bylaw under section 303 does not commit or authorize a local government to proceed with implementation of the purpose for which the property is reserved or dedicated.

(2) All bylaws enacted or works undertaken by a local government directly affecting property that is reserved under section 302 or dedicated under section 303 must be consistent with the purpose for which the property is reserved or dedicated.

Control of Crown land parks dedicated by subdivision

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

(2) If land in a municipality was dedicated as referred to in subsection (1) before this Act came into force, the municipality 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 dedicated land

305.2 (1) If a municipality

(a) is entitled to possession and control of land under section 305.1 [Crown land parks dedicated by subdivision], or

(b) holds title to park land under section 941 (14),

the council may, by bylaw, dispose of a portion of that land in exchange for other land suitable for a park or public square.

(2) A bylaw under subsection (1) may provide that, instead of taking land in exchange, the proceeds of the disposal are to be placed to the credit of a reserve fund under Part 13 established for the purpose of acquiring park lands.

(3) Before adopting a bylaw under subsection (1), the council must provide a counter petition opportunity in relation to the proposed bylaw.

(4) 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 municipality, and

(b) in the case of land referred to in subsection (1) (b), in the municipality.

(5) Transfers under this section of land referred to in subsection (1) (a) or (b)

(a) have effect free of any dedication to the public for the purpose of a park or a public square, and

(b) in the case of land referred to in subsection (1) (a), have effect as a Crown grant.

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 176 (1) (d) [corporate powers — property], 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, withdraw land from a municipal forest reserve if the council has provided a counter petition opportunity in relation to the proposed bylaw.

(3) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (2) of this section must state

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

(b) if this is in relation to a sale of the land, the price that is to be received.

(4) A council may, by bylaw 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 176 [corporate powers], 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 municipality may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act.

(1.1) The power under subsection (1) also applies to property outside the municipality for the purposes of

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

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

(2) If a municipality expropriates real property or works under subsection (1) 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 advantage which the claimant may derive from the contemplated work.

Authority in relation to services

309.1 (1) Without limiting section 309 [expropriation power], a municipality may, for the purposes of one or more of its services, authorize its agents or employees to enter on, break up, take or enter into possession of and use real property without the consent of the owners of the property.

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

Power to expropriate water diversion licences and related works

310 Without limiting section 309, in addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, a municipality may expropriate

(a) a licence authorizing the diversion of water from a stream suitable for a water supply for the municipality, and

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

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

311 (1) A council may provide for entering on real property or works that the council anticipates may be injuriously affected by the exercise of any of its powers, for the purpose of carrying out, and to carry out, works of construction, maintenance or repair in mitigation of injury done or anticipated or in reduction of compensation.

(2) Powers granted under subsection (1) may include, in any street grading works, removal of the substance of the adjacent land or the filling in of adjacent land to produce a grade uniform with the graded street.

Compensation for non-expropriation actions

312 (1) If a municipality

(a) exercises a power to enter on, break up, take or enter into possession of and use any property without the consent of the owners of the 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.

(2) For the purposes of subsection (1), compensation must be as determined and paid as soon as reasonably possible in an amount set

(a) by agreement between the claimant and the municipality, or

(b) if no agreement is reached, by the Expropriation Compensation Board.

Funding for expropriation and mitigation

313 If the current municipal revenue is not sufficient for the funds required to pay compensation in respect of property expropriated or injured or to carry out works referred to in section 311 [entry on land to mitigate damage], the council may,

(a) by loan authorization bylaw adopted with the approval of the inspector, borrow the required sums, or

(b) by bylaw adopted with the approval of the inspector, use money from a reserve fund to the extent required.

Division 4 — Other Powers

Power to accept property on trust

314 (1) Without limiting section 176 [corporate powers], a council may accept any property devised, bequeathed, conveyed or otherwise transferred to the municipality, 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 council may sell the property despite any limitations or restrictions in this Act.

(3) All money held by a municipality subject to a trust, until required for the purposes of the trust, must be invested in the manner provided for the investment of sinking funds.

(4) If, in the opinion of a council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the municipality, the council may apply to the Supreme Court for an order under subsection (5).

(5) On an application under subsection (4), the Supreme Court may vary the terms or trusts as the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the municipality.

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

Power to convey land to school board in trust

315 Without limiting section 176 [corporate powers], a council may transfer to the board of school trustees or francophone education authority having jurisdiction in the municipality, in trust for school purposes, any land reserved or acquired by the municipality for school purposes.

Sections Repealed

316 to 326 [Repealed 1998-34-51.]


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