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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
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Contents |
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Section |
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1 In this Act:
"commission" means the Provincial Capital Commission;
"Capital Improvement District" means the Capital Improvement District continued under this Act.
2 (1) The commission, consisting of 14 members, is continued.
(2) Eight members must be appointed by the Lieutenant Governor in Council, to hold office during pleasure for a period not exceeding 5 years.
(3) Two members must be appointed by The Corporation of the City of Victoria, to hold office during pleasure for a period, not exceeding 3 years, that the Corporation may determine by bylaw.
(4) One member must be appointed by the Corporation of the Township of Esquimalt, to hold office during pleasure for a period, not exceeding 3 years, that the Corporation may determine by bylaw.
(5) One member must be appointed by The Corporation of the District of Oak Bay, to hold office during pleasure for a period, not exceeding 3 years, that the Corporation may determine by bylaw.
(6) Two members must be appointed by The Corporation of the District of Saanich, to hold office during pleasure for a period, not exceeding 3 years, that the Corporation may determine by bylaw.
(7) A retiring member is eligible for reappointment.
3 The Lieutenant Governor in Council may designate an area within and in the district surrounding the City of Victoria to be known as the Capital Improvement District.
4 (1) The commission is a corporation, and has power to make bylaws, employ persons, and pay and defray expenses necessary to enable it to carry into effect the purposes for which it is constituted or any of the powers conferred on it by this Act.
(2) Bylaws made do not come into force until approved by the Lieutenant Governor in Council.
(3) An alteration, modification or repeal of any bylaw has no effect until approved by the Lieutenant Governor in Council.
5 (1) The commission is for all purposes of this Act an agent of the government, and its powers under this Act may be exercised only as an agent of the government.
(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the commission on behalf of the government, whether in its name or in the name of the government, may be brought or taken by or against the commission in the name of the commission in any court that would have jurisdiction if the commission were not an agent of the government.
6 An action or proceeding must not be brought or continued against the commission, a member of it or any person acting under its authority for anything done or omitted to be done in good faith, in the performance or purported performance of a duty under this Act.
7 (1) The Lieutenant Governor in Council must designate one of the commissioners appointed by the Lieutenant Governor in Council to be chair and another to be vice chair of the commission, each to hold office during pleasure.
(2) There must be a secretary of the commission appointed by the Lieutenant Governor in Council, to hold office during pleasure.
(3) If the chair is absent or unable to act or the office is vacant, the vice chair must act as chair.
(4) If the chair and vice chair are absent or unable to act or their offices are vacant, another member designated by those present must act as chair.
8 (1) The chair and other members of the commission serve without remuneration.
(2) The chair and other members of the commission are entitled to receive and be paid their actual disbursements for expenses necessarily incurred by them in the discharge of their duties under this Act.
9 (1) The commission must coordinate construction and development work in the Capital Improvement District in accordance with general plans approved from time to time under this Act.
(2) Proposals for the location, erection, alteration or extension of a building or other work by or on behalf of the government by any person on land owned, leased or otherwise controlled by the government in the Capital Improvement District must be referred to the commission before the commencement of the work.
(3) A building or other work must not be erected, altered or extended by or on behalf of the government in the Capital Improvement District unless the site, location and plans have first been approved by the commission.
(4) A person must not erect, alter or extend a building or other work on land in the Capital Improvement District owned, leased or otherwise controlled by the government unless the site, location and plans have first been approved by the commission.
(5) If the commission does not give its approval under this section, the Lieutenant Governor in Council may give approval.
(6) This section does not apply to interior alterations in a work or building.
10 (1) The commission may do any of the following:
(a) purchase, acquire and hold land within the Capital Improvement District for the purpose of public parks or squares, highways, walkways, bridges or other works;
(b) do, perform and execute all necessary or proper acts or things for the purposes of preparing, building, improving, repairing, maintaining and protecting all or any of the works of or under the control of the commission, and for preserving order;
(c) cooperate with any local municipality in improvement and beautification by the development, maintenance or improvement of public parks, squares, highways, walkways, bridges or other works in the municipality or in the vicinity;
(d) acquire and conserve heritage property and cooperate with any local government in the conservation of heritage property;
(e) operate or grant concessions for the operation of places of refreshment, amusement or shelter, or for the encouragement of recreation, sports and games, on any property under its administration or control;
(f) subject to the approval of the Lieutenant Governor in Council, sell any land of the commission not being a portion of any public park or square, highway, walkway or other works that is not required for the purposes of the commission;
(g) lease any land of the commission for a period during which it is not required for the purposes of the commission;
(h) enter into an agreement with any person including the government of Canada or of a province;
(i) receive, by public subscription, donation, bequest or otherwise, money or property;
(j) undertake special projects as directed from time to time by the Lieutenant Governor in Council;
(k) engage and retain persons it considers necessary as consultants, experts or specialists, and may determine their remuneration;
(l) for the purpose of the improvement of the Capital Improvement District, provide loans, grants, advice and other services to a local municipality or any other person.
(2) For all or any of the purposes in subsection (1), the commission may expend the sum placed at its credit under this Act.
(3) Despite subsection (2), any money that may be received by the commission by way of special grant for carrying out a particular work or undertaking must be expended only on that work or undertaking.
(4) Despite any other enactment, for the purpose of carrying out any of the powers conferred by subsections (1) to (3), the commission and the council of a municipality within the Capital Improvement District may enter into agreements.
(5) Without limiting subsection (4), the council may limit its power and the power of succeeding councils to legislate in respect of the matters contained in an agreement, and the municipality is bound by the undertaking.
11 The commission must not, without the approval of the Lieutenant Governor in Council, expend any money appropriated by the Legislature for the purposes of this Act or received by the commission through the conduct of its operations or by bequest, donation or otherwise on a capital project that
(a) has an estimated cost of more than $200 000, or
(b) is to be undertaken in cooperation with a local municipality or other authority.
12 (1) On or before December 31 in each year, the commission must send to the minister a detailed statement of all its receipts and expenditures up to March 31 in the year.
(2) Copies of the statements must be presented to the Legislature by the minister within the first 14 days of the next following session.
13 (1) If required by the minister, the commission must render detailed accounts of its receipts and expenditures for a period or to a day that the minister designates.
(2) All books of account, records, bank books and papers of the commission must at all times be open to the inspection of the minister, or of the person the minister names to inspect them.
14 All expenditures by the commission are subject to the audit of the Auditor General in the same manner as other public money.
15 It is unlawful for any commissioner or the secretary of the commission to enter into any contract with the commission or to be financially interested, either directly or indirectly, in any contract or work for which any portion of the money at the credit of the commission is to be paid.
16 (1) A bylaw of the commission may impose penalties not exceeding the penalties provided in the Offence Act for the infraction of its provisions recoverable on conviction.
(2) A person who contravenes or fails to comply with section 9 (4) commits an offence.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada