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 22 — Miscellaneous Powers

Section Repealed

702 [Repealed 1997-25-127.]

Division 1 — Regulation of Animals

Keeping of animals

703 (1) A council may, by bylaw, do one or more of the following:

(a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine, rabbits or other animals and define areas in which they may be kept or may not be kept;

(b) regulate or prohibit the keeping of poultry, pigeons, doves or other birds and define areas in which they may be kept or may not be kept;

(c) regulate or prohibit the moving and keeping of bees and define areas in which they may be kept or may not be kept;

(d) regulate or prohibit kennels or other places for the keeping, training, care, breeding, treatment, hospitalization or boarding of dogs, cats, fur bearing animals or other animals, whether domesticated or undomesticated and, in relation to this,

(i) define areas in which those places are permitted or are not permitted, and

(ii) define for different species of animals what constitutes a kennel and what is deemed a fur bearing animal;

(e) in relation to cattle within the meaning of subsection (3), regulate or prohibit

(i) the running of cattle on a highway or public place,

(ii) the straying of or trespassing by cattle on a highway or public place or private property, and

(iii) the grazing of cattle on unfenced land, unless they are securely tethered;

(f) in relation to cattle within the meaning of subsection (3) that are subject to a bylaw under paragraph (e), provide for the impounding of those cattle;

(g) regulate or prohibit the running of poultry or rabbits on a highway or public place, or the straying of or trespassing by poultry or rabbits on a highway or public place or private property, and the grazing of poultry or rabbits on unfenced land, and provide for the impounding of the poultry or rabbits.

(2) A bylaw under subsection (1) may be applicable to all or any defined area of the municipality and the regulations may be different for different areas.

(3) For the purpose of subsection (1) (e) and (f), "cattle" includes any horse, mule, swine, sheep, goat, cow or other animal of the bovine species.

Regulation of animal nuisances

704 A council may, by bylaw, do one or more of the following:

(a) require owners or occupiers of buildings to prevent pigeons or other birds from perching, roosting or nesting on the buildings, and regulate the feeding of pigeons or other birds by persons other than their owners;

(b) offer bounties for the destruction of beasts and birds of a noxious or destructive character;

(c) regulate the sale of animals, and the driving of animals through the municipality;

(d) prohibit cruelty to animals, and provide for the destruction of any animal suffering from an incurable disease;

(e) require that the owner, possessor or harbourer of a dog, or any class of dog, must keep it, as the bylaw directs,

(i) effectively muzzled while at large or on a highway or public place, or

(ii) on leash or under control of a competent person while on a highway or public place.

Dog licences

705 (1) Without limiting section 703 [keeping of animals], a council may, by bylaw, regulate the keeping of dogs by requiring persons who own, possess or harbour a dog to hold a licence for the dog.

(2) A bylaw under subsection (1) may

(a) require a separate dog licence for each dog, and

(b) vary the amount of the fee according to the sex, age, size or breed of the dog.

(3) A licence issued under this section is for the calendar year in which the licence is issued.

Compensation for injuries to livestock

706 (1) The council of a municipality that imposes a fee to issue a licence for a dog may, by bylaw,

(a) provide for the payment of compensation, on a scale set out in the bylaw, to the owner of any domestic animal defined in the Livestock Protection Act that is killed or injured by a dog over the age of 4 months, the owner of which is unknown, and, after diligent inquiry cannot be found, and

(b) provide for the maximum sum that is available in any one year for the purposes of compensation under this section.

(2) The scale of compensation under subsection (1) (a) must not be less than that provided in rural areas by regulations under the Livestock Protection Act.

Animal pounds

707 (1) A council may, by bylaw, do one or more of the following:

(a) provide for the seizure, impounding and detention of unlicensed dogs, and of dogs, horses, cattle, poultry, rabbits and other animals unlawfully at large;

(b) establish, maintain and operate facilities as pounds;

(c) regulate and establish the fines and fees, including damages for trespassing on private property, to be levied and collected by pound keepers;

(d) provide for the sale or destruction of animals and birds impounded if the fines, fees and other charges are not paid within a reasonable time.

(2) Pounds may be established under subsection (1) (b) outside the municipality but, before adopting the applicable bylaw, the council must obtain the consent of the other affected local government as follows:

(a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required;

(b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required.

(3) The powers under subsection (1) may be exercised jointly with an improvement district or with the Minister of Agriculture, Fisheries and Food, or both.

(4) If subsection (3) applies, the Livestock Protection Act operates only in so far as it does not conflict with this Act or a bylaw adopted under this Act.

Dangerous dogs

707.1 (1) In this section:

"animal control officer" means

(a) a municipal employee, officer or agent designated by the council as an animal control officer for the purposes of this section, or

(b) a peace officer;

"companion animal" means an animal kept as a pet or as a guide animal;

"dangerous dog" means a dog that

(a) has killed or seriously injured a person,

(b) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person, or

(c) while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, has killed or seriously injured a companion animal or a domestic animal;

"domestic animal" means a domestic animal as defined in the Livestock Protection Act;

"seize" includes impound and detain.

(2) In addition to the authority under section 707 (1) (a) but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the dog is a dangerous dog.

(3) Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (c) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of

(a) attempting to prevent a person from committing an unlawful act, or

(b) performing law enforcement work.

(4) An animal control officer may enter a place to exercise the power under subsection (2),

(a) in any case, with the consent of the owner or occupier of the place,

(b) in any case, in accordance with a warrant under subsection (5) or (6), or

(c) if the circumstances referred to in subsection (7) apply, in accordance with that subsection.

(5) If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that

(a) there is in a place a dog, and

(b) the dog is a dangerous dog,

a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.

(6) If

(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and

(b) the officer believes on reasonable grounds that the circumstances referred to in subsection (5) (a) and (b) apply,

the officer may apply for a warrant in accordance with section 22 [telewarrants] of the Offence Act.

(7) Subject to subsection (8), an animal control officer may, without a warrant, enter and search any place except a dwelling house and seize a dog, if the officer believes on reasonable grounds that

(a) the dog is a dangerous dog,

(b) the dog presents an imminent danger to the public, and

(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.

(8) For the purposes of subsection (7), an animal control officer who is not a police officer must be accompanied by a police officer.

(9) In addition to the authority under section 8 of the Livestock Protection Act, in relation to a dog that the animal control officer has reasonable grounds to believe is a dangerous dog, the animal control officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.

(10) A dog that has been seized under this section may not be impounded for more than 21 days unless proceedings under subsection (9) of this section or section 8 of the Livestock Protection Act are commenced within that time.

Division 2 — Protection of Trees

General protection of trees

708 (1) A council may, by bylaw applicable to all or part of the municipality, do one or more of the following:

(a) prohibit the cutting and removal of trees;

(b) regulate the cutting and removal of trees;

(c) prohibit the damaging of trees;

(d) regulate activities that may damage trees;

(e) require the replacement, in accordance with the bylaw, of trees that have been cut, removed or damaged in contravention of a bylaw under this subsection or a permit referred to in section 709 (1);

(f) require the maintenance of replacement trees required under paragraph (e) or by permit referred to in section 709 and of significant trees identified under section 710;

(g) require specified amounts of cash deposits, letters of credit or other forms of security for the replacement of trees under paragraph (e) and their maintenance under paragraph (f);

(h) specify circumstances in which assessments or inspections of trees or sites may be undertaken by the municipality;

(i) establish exemptions from the application of a bylaw under this subsection.

(2) A bylaw under this section may be different in relation to one or more of the following:

(a) different areas of the municipality;

(b) different species of trees;

(c) different classes of trees;

(d) different sizes of trees;

(e) different significant trees identified under section 710.

(3) Interest on security under subsection (1) (g) becomes part of the security.

(4) Security under subsection (1) (g) may be used for the purposes referred to in that subsection, but any amount not required for those purposes must be returned to the person who provided the security.

Regulation of tree cutting and removal

709 (1) Without limiting the generality of section 708 (1) (b), a bylaw under that section may do one or more of the following:

(a) require permits to cut or remove trees;

(b) [Repealed 1999-37-153.]

(c) establish terms and conditions for the granting, refusal and use of these permits, which may include requirements for the replacement of trees that are cut or removed or that are damaged in the course of these actions;

(d) require applicants for these permits to provide plans identifying

(i) the trees proposed to be cut or removed,

(ii) the trees proposed to be retained, and

(iii) the trees proposed to be provided in replacement of the trees that are to be cut or removed;

(e) establish circumstances in which a permit under this section may be cancelled.

(2) A fee for a permit under subsection (1) must not include charges for an assessment or inspection required as a condition of the permit or authorized under section 708 (1) (h) or 713 (1).

Significant trees

710 (1) A council may, by bylaw, identify trees that the council considers significant because of their importance to the community, including importance for heritage or landmark value or as wildlife habitat.

(2) The council may provide for the placement of a plaque or other marker indicating a tree identified under subsection (1), subject to the requirement that permission for this be obtained from the owner of the real property on which the marker is placed.

Hazardous trees and shrubs

711 (1) A council may, by bylaw, require the owner or occupier of real property to trim, remove or cut down a tree, hedge, bush or shrub on the property if the council considers that it is

(a) a hazard to the safety of persons,

(b) likely to damage public property, or

(c) seriously inconveniencing the public.

(2) A bylaw under section 708 (1) (a) or (b) does not apply to a tree that is subject to a bylaw under this section.

Removal or replacement of trees at owner's expense

712 (1) A council may take action under this section if a person does not comply

(a) with a requirement of a bylaw under section 708 (1) (e) or a permit referred to in section 709 (1) to provide replacement trees, or

(b) with a requirement of a bylaw under section 711 to trim, remove or cut down trees, hedges, bushes or shrubs.

(2) In the circumstances described in subsection (1), the council may serve the person with notice that the municipality will be entitled to take the required action at the expense of the person given the notice if the person does not take that required action,

(a) in the case of a requirement referred to in subsection (1) (a), within 30 days of service, or

(b) in the case of a requirement referred to in subsection (1) (b), within 5 days of service.

(3) The Supreme Court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.

(4) If the person given notice does not take the required action within the time period referred to in subsection (2), the municipality, by its employees or others, may enter the real property and effect that action at the expense of the person given notice.

(5) [Repealed 1999-37-154.]

Assessment and inspection of trees

713 (1) In addition to the authority under section 708 (1) (h), a council may direct that an assessment or inspection of specified trees or sites be undertaken by the municipality for the purposes of this Division.

(2) The municipality, by its employees or others, may enter onto real property and make an assessment or inspection authorized under subsection (1) or section 708 (1) (h) or required as a condition of a permit referred to in section 709 (1).

Limits on powers under this Division

714 (1) If a bylaw under section 708 would have the effect on a parcel of land of

(a) preventing all uses permitted under the applicable zoning bylaw, or

(b) preventing the development to the density permitted under the applicable zoning bylaw,

the bylaw does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density.

(2) As an exception to subsection (1), a bylaw that has an effect referred to in that subsection applies without limit to a parcel if the council, by resolution, commits the municipality to

(a) pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or

(b) provide, by development permit, development variance permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density.

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

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

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

(4) For the purposes of subsection (2) (b), the council may issue a development permit or development variance permit on its own initiative without an application from the owner.

(5) Except as provided in subsection (2), no compensation is payable to any person for a reduction in the value of any interest in land that results from a bylaw under this Division or the issuance or refusal of a permit under this Division.

(6) A bylaw or permit under this Division does not apply to land and the trees on it if the land is land to which section17 of the Forest Land Reserve Act applies.

Reconsideration of delegate's decision

715 If a council delegates powers, duties or functions under this Division, the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the council reconsider the matter.

Division 3 — Sundry Powers

Bylaws regarding cemeteries

716 (1) Subject to the Cemetery and Funeral Services Act, a council may, by bylaw, do one or more of the following:

(a) lay out, regulate and manage cemeteries, including the construction of crematoriums or columbariums;

(b) regulate the interment or other disposition of the dead;

(c) prohibit the violation of cemeteries and damage to vaults, monuments, gravestones or graves;

(d) [Repealed 1998-34-145.]

(e) establish the terms and conditions under which, and the fees for which, persons may acquire the right to make use of areas or plots in a municipal cemetery for the interment or other disposition of the dead;

(f) establish, set aside and maintain a maintenance fund for the upkeep and care of a cemetery and the burial plots in it and, in relation to this,

(i) determine what proportion of the fees for each burial plot must be paid into the maintenance fund, and

(ii) accept voluntary payments from a person having the right to use an area or plot or from other persons or municipalities interested.

(2) All money received by a municipality for a maintenance fund under subsection (1) (f) must be held and invested as trust funds to be devoted solely to the purposes for which they were received.

Section Repealed

717 [Repealed 1999-37-155.]

Night patrols

718 (1) A council may, by bylaw,

(a) appoint, employ and pay night patrollers for the purpose of

(i) patrolling at night, or between certain hours of the night, an area in the municipality defined by the bylaw, and

(ii) guarding and protecting the property within the area, and

(b) levy by special rate on all the land and improvements within the limits defined by the bylaw, except vacant lots, for the expenses of or incidental to the employment of the night patrollers, in the same manner and at the same time as payment of the other rates or taxes in the municipality is enforced.

(2) A bylaw under subsection (1) must not be adopted except on petition for it signed by at least 2/3 of the owners who

(a) on its adoption would become liable to be charged with the expenses to be incurred under it, and

(b) represent in value at least 2/3 of the assessed real property liable to be charged with the expenses.

(3) A petition under subsection (2) must not be received and acted on by the council unless

(a) it is proved, by the affidavit of a reliable and competent witness, that

(i) all the signatures on it are the genuine signatures of the persons whose signatures they purport to be, and

(ii) its contents were made known to each person signing it before signature, or

(b) its sufficiency has been determined by the municipal officer assigned responsibility under section 198 [corporate administration] in the manner for a petition for a work of local improvement.

Section Repealed

719 [Repealed 1998-34-148.]

Bicycle licences

720 (1) A council may, by bylaw, regulate bicycles by requiring persons who own a bicycle used on a highway to hold a licence for the bicycle.

(2) A licence issued under this section is for the calendar year in which the licence is issued.

Land rehabilitation assistance

721 (1) The Lieutenant Governor in Council may provide by regulation for the imposition of a charge on each parcel of land in an area to be rehabilitated under the Agricultural and Rural Development (BC) Act.

(2) A charge under subsection (1) must be imposed on the basis of area and must be a deferred diminishing charge collectable only under the regulation on sale of the land or at the end of a period of years, as set out in the regulations.

(3) A registrar of land titles must not accept for registration a document purporting to transfer or charge land in an area of a municipality or improvement district rehabilitated under the Public Works Agreement Act or the Agricultural and Rural Development (BC) Act without a certificate from the designated municipal officer or the improvement district officer assigned responsibility under section 738.2 that charges under subsection (1) have been paid in full.

(4) Subsections (1) to (3) do not apply to an agreement made by the Minister of Agriculture, Fisheries and Food with a corporation under section 5 of the Agricultural and Rural Development (BC) Act.

Wild flowers, auctions and athletic contests

722 A council may, by bylaw, regulate or prohibit one or more of the following:

(a) the sale of wild flowers;

(b) sales by auction in a public market;

(c) boxing, wrestling, jujitsu and other professional athletic contests where an athletic commission has not been established.

Athletic commissions

722.1 (1) A council may, by bylaw, establish an athletic commission consisting of 3 members appointed annually.

(2) A council may, by bylaw, provide that an athletic commission is to have one or more of the following powers within the municipality:

(a) to regulate and supervise professional boxing, wrestling and like activities, contests and exhibitions;

(b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the commission's proper expenses, to require persons conducting events referred to in paragraph (a) to pay to the commission for each event the fee set by the council;

(c) to specify equipment to be used in and to establish rules for the conduct of professional boxing and wrestling and any other professional contests within the jurisdiction of the commission;

(d) to pass on and approve contracts for the contests or exhibitions as a condition of their being held;

(e) to issue permits to persons conducting professional athletic contests or exhibitions as a condition of their being held;

(f) to issue permits to boxers, wrestlers and other participants in professional athletic contests or exhibitions as a condition of their participating in them;

(g) before issuing any permit, to require the applicant to give the security the commission determines for the faithful performance of the applicant's obligations as specified by the commission;

(h) to prohibit a person from participating in or conducting a contest or exhibition, or from advertising them, unless the person has been granted a permit for the purpose;

(i) to investigate the conduct of participants in the contests or exhibitions or of persons conducting them, and particularly with respect to alleged breaches of the bylaw or rules made under it;

(j) in relation to breaches of the bylaw or rules made under it, to impose reasonable fines for misconduct, or to prohibit those participants or persons from taking part in contests or exhibitions in the municipality for reasonable periods;

(k) whether or not a penalty has been imposed, to restrain a person conducting a contest or exhibition or participating in it without the prescribed permit, by action in the Supreme Court brought by the commission in its name without the Provincial government being made a party to the action.

(3) A council may, by bylaw, provide that a decision of the commission under subsection (2) is subject to appeal to the council.

(4) Security under subsection (1) (g) may be enforced by and in the name of the commission for the benefit of all persons entitled to claim under it.

Removal and deposit of sand, gravel and other soil

723 (1) In this section, "soil" includes sand, gravel, rock and other substances of which land is composed.

(2) A council may, by bylaw, regulate or prohibit

(a) the removal of soil from, and

(b) the deposit of soil or other material on

any land in the municipality or in any area of the municipality.

(3) A bylaw under subsection (2) may make different regulations and prohibitions for different areas.

(4) A provision in a bylaw under subsection (2) that prohibits the removal of soil has no effect until the provision is approved by the minister with the concurrence of the Minister of Energy, Mines and Petroleum Resources.

(4.1) A provision in a bylaw under subsection (2) that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the Minister of Environment, Lands and Parks.

(5) A council may, by bylaw, do one or more of the following:

(a) require the holding of a permit for

(i) the removal of soil from, or

(ii) the deposit of soil or other material on

any land in the municipality or in any area of the municipality;

(b) impose rates or levels of fees for a permit referred to in paragraph (a);

(c) impose rates or levels of fees for the activities referred to in paragraph (a).

(6) Fees under subsection (5) (b) or (c) may vary according to the quantity of soil removed or the quantity of soil or other material deposited, and the rates or levels of fees may be different for different areas of the municipality.

(7) A bylaw under subsection (5) (b) or (c) has no effect until it is approved by the minister.

Noise control

724 (1) A council may, by bylaw, do one or more of the following:

(a) regulate or prohibit the making or causing of noises or sounds in or on a highway or elsewhere in the municipality

(i) that disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity, or

(ii) that the council believes are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

(b) prevent or prohibit persons from shouting, using megaphones and making other noise in, at or on streets, wharves, docks, piers, steamboat landings, railway stations or other public places;

(c) prevent charivaries and similar disturbances of the peace.

(2) Regulations and prohibitions under subsection (1) (a) may be different for different areas of the municipality.

Nuisances and disturbances

725 (1) A council may, by bylaw, do one or more of the following:

(a) prevent, abate and prohibit nuisances, and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance or other persons described in the bylaw;

(b) prohibit persons from

(i) causing or permitting water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises, or

(ii) depositing or throwing bottles, broken glass or other rubbish in any open place;

(c) for the purpose of preventing unsightliness on real property,

(i) prohibit persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place, and

(ii) prohibit the owners or occupiers of real property from allowing their property to become or remain unsightly;

(d) for the purpose of remedying unsightliness on real property, require the owners or occupiers of real property, or their agents, to remove from it unsightly accumulations of filth, discarded materials, rubbish or graffiti;

(e) require the owners or occupiers of real property, or their agents, to clear the property of brush, trees, noxious weeds or other growths;

(f) require the owners or occupiers of real property, or their agents, to prevent infestation by caterpillars and other noxious or destructive insects and to clear the property of such insects;

(g) in relation to the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia,

(i) require the owners or occupiers of real property, or their agents, to eliminate or reduce the fouling or contaminating of the atmosphere through those emissions,

(ii) prescribe measures and precautions to be taken for the purpose of subparagraph (i), and

(iii) establish limits not to be exceeded for those emissions;

(h) require manufacturers and processors to dispose of the waste from their plants in the manner directed by the bylaw;

(i) prohibit the posting, exhibiting or distributing of placards, play bills, posters, advertising, writings or pictures, or the writing of words, or the making of pictures or drawings that are indecent or may tend to corrupt or demoralize, on walls, fences or elsewhere, on or adjacent to a highway or public place;

(j) prevent vice, drunkenness, profane swearing or indecent, obscene, blasphemous or grossly insulting language or other immorality and indecency;

(k) regulate the bathing or washing of the person in any public waters in or near the municipality;

(l) regulate or prohibit mushroom growing;

(m) prohibit the carrying on of a noxious or offensive trade, business or manufacture.

(2) In relation to a requirement under subsection (1) (d), (e) or (f), the bylaw may provide that, if a person fails to comply with the requirement, the municipality, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the property and effect the compliance at the expense of the person who has failed to comply.

(3) A bylaw under subsection (1) (l) may be applicable throughout the municipality or any defined area of it and may make different regulations for different areas.

Protection of waterways

725.1 A council may, by bylaw, prohibit a person from

(a) polluting, or

(b) obstructing or impeding the flow of

a stream, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property.

Fire and security alarm systems

726 (1) In relation to fire alarm systems and security alarm systems, a council may, by bylaw, do one or more of the following:

(a) require permits for the operation of these systems and establish fees for these permits;

(b) establish fees to be paid

(i) by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or

(ii) by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(c) provide that a fee under paragraph (b) (i), if unpaid, may be added to and form part of the taxes payable on the real property as taxes in arrear;

(d) exercise powers given by regulation under subsection (3);

(e) establish exemptions from the application of a bylaw under this section.

(2) A fee under subsection (1) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(3) The Lieutenant Governor in Council may, by regulation,

(a) grant additional powers to municipalities, including the City of Vancouver, to enact bylaws establishing specified prohibitions, restrictions, requirements and conditions regarding

(i) fire alarm systems and security alarm systems, and

(ii) the installation, operation, maintenance and repair of these systems, and

(b) authorize specified variations of the provisions of bylaws under paragraph (a).

(4) As an exception, a bylaw under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed.

Removal of dangerous buildings and other structures

727 (1) A council may

(a) declare that a building, structure or erection of any kind, or a drain, ditch, watercourse, pond, surface water or other matter or thing, in or on private land or a highway, or in or about a building or structure, is a nuisance, and

(b) order that it be removed, pulled down, filled up or otherwise dealt with by its owner, agent, lessee or occupier, as the council may determine and within the time after service of the order that is stated in the order.

(2) The council must give notice of an order under subsection (1) to the following persons, either by serving the order or by sending the order by registered mail:

(a) the owner of the land where the nuisance exists;

(b) all other persons who are recorded in the land title office as having an interest in the land;

(c) the agent, if known, of the registered owner of the land;

(d) the lessee or occupier of the land.

(3) On application, the Supreme Court may order that service required by subsection (2) may be made by substituted service in accordance with the order.

(4) If the owner, agent, lessee or occupier fails to comply with an order within the time period established under subsection (1) (b), the municipality may, by its employees and others, enter on the property and undertake the work required to comply with the order at the expense of the person defaulting.

(5) If a nuisance declared under subsection (1) is a building, structure or erection,

(a) after the end of 60 days from the date of the mailing of the notice to the owner under subsection (2), and

(b) after the end of the period stated in the order,

the council may dispose of the building, structure or erection, or any part or material in it, by auction sale, by public or private tender, or otherwise.

(6) From the proceeds of a sale or other disposal under subsection (5), there must be deducted for municipal use the actual costs, including incidental expenses, incurred by the municipality in carrying out the order, and the remainder of the proceeds must be paid by the municipality to the owner or other person lawfully entitled.

(7) This section applies to any building, structure or erection of any kind that the council believes is so dilapidated or unclean as to be offensive to the community.

Authority to require unsanitary conditions to be remedied

727.1 (1) Subject to the Health Act, a council may, by bylaw, require a person to remedy or remove an unsanitary condition for which the person is responsible, or which exists on property owned, occupied or controlled by the person.

(2) A bylaw under subsection (1) may provide that, if a person fails to comply with the requirement, the municipality, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the property and effect the compliance at the expense of the person who has failed to comply.

Firearms, explosives and fireworks

728 (1) A council may, by bylaw, do one or more of the following:

(a) regulate or prohibit the discharging of firearms, including air guns, air rifles, air pistols and spring guns;

(b) regulate or prohibit the use of bows as defined in the Wildlife Act;

(c) regulate or prohibit the use of any explosive agent for blasting, regulate persons engaged in blasting and require persons engaged in blasting to give security for damage to persons who, or whose property, may be injured by it;

(d) regulate or prohibit the exploding of firecrackers or other fireworks;

(e) subject to the Fireworks Act, regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every nature or kind.

(2) A bylaw under subsection (1) (a) to (d) may be applicable throughout the municipality or any defined area of it and may make different regulations for different areas.

(3) Despite a bylaw under subsection (1) (d), a council may authorize the issuance of a permit to a person or organization for the purpose of the observance or celebration of a special event or festival by the use of firecrackers or other fireworks of any kind, and may specify terms and conditions.


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