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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:
"accumulation of garbage" means an accumulation of garbage, rubbish, ashes, filth, discarded materials, or the bodies or parts of vehicles or machinery, or any or all of them;
"designated highway" means a highway or part of it designated by the minister under section 2;
"highway" has the same meaning as in the Highway Act;
"municipality" includes the City of Vancouver;
"roadside premises" means land within 150 m of the centre line of a designated highway;
"vehicle" has the same meaning as in the Motor Vehicle Act and includes the remains of a vehicle.
2 (1) The minister may designate a highway or part of it for the purposes of this Act.
(2) The minister must give notice of a designation in the Gazette and in a newspaper circulating in the area in which the highway is situated or, if there is no such newspaper, in a newspaper circulating generally in British Columbia.
3 (1) For premises outside a municipality, if the minister is satisfied that there is on roadside premises an accumulation of garbage causing the premises to be unsightly or offensive to any part of the public travelling on a designated highway, the minister may serve notice on the owner or the occupier of the roadside premises requiring the person to remove the accumulation of garbage or to take remedial measures the notice specifies.
(2) For premises within a municipality, the authority of the minister under subsection (1) may be exercised by the council.
(3) A notice under this section must be served on the owner or occupier, either personally or by leaving it for the owner or occupier with an adult at the owner's or occupier's place of ordinary residence.
(4) If a notice is served on the owner of premises occupied by another, the owner must at once notify the occupier.
(5) If a notice is served on an occupier who does not own the premises, the occupier must at once notify the owner.
4 (1) If, within 30 days of notice being served on the owner or occupier the requirements of the notice have not been complied with and, in the opinion of a person authorized in writing by the minister or the council, the premises, because of the accumulation of garbage remains unsightly or offensive to any part of the public travelling on a designated highway, the person authorized may carry out the requirements of the notice at the expense of the owner.
(2) Subsection (1) applies, whether or not any change not constituting compliance with the requirements of the notice has been made.
(3) The costs of work done under subsection (1), with interest at 6% per year and the costs of recovery, may be recovered
(a) in the case of premises outside a municipality, in the same manner as delinquent taxes under the Taxation (Rural Area) Act, and
(b) in the case of premises within a municipality, in the same manner as municipal taxes that are in arrears.
(4) A person authorized under subsection (1), and others acting under that person's direction for carrying out the requirements of the notice, may enter the premises and carry out the requirements of the notice on production of a copy of the notice and of the written authority referred to in subsection (1).
(5) None of the following is liable or accountable to the owner or occupier of the premises, or to any person having any right or title to all or part of the accumulation of garbage, for the removal from the premises of it in accordance with the requirements of the notice or for any matter removed, or for the proceeds, if any, of the disposal of it:
(a) the minister;
(b) the council;
(c) a person to whom subsection (4) refers;
(d) a person who receives any matter removed on a disposition under this section.
5 (1) An appeal lies to the Supreme Court from the notice of the minister or of a council under this Act.
(2) On an appeal, the court may confirm, vary or cancel the notice.
(3) If the notice is varied, it is effective and enforceable as varied, and the determination of the Supreme Court is final.
(4) Notice of an intention to appeal must be given to the court and to the minister or council within 15 days of the service of notice appealed against, or a longer period the court fixes either before or after the expiry of the period of 15 days.
(5) If notice is given to the minister or the council, they must not carry out the requirements of the notice until either 30 days have expired since the determination of the court dismissing the appeal or varying the notice, or the appeal is withdrawn.
6 (1) If the requirements of a notice served under section 3 have been carried out by a person authorized by the minister or a council, and the expenses of it have been paid by the owner or occupier, or any other person having an interest in the premises, or recovered under section 4 (3), the payer or the owner may apply to the Supreme Court for an order to be reimbursed in whole or part by some other person, being the owner or occupier, or having some other interest in the premises, who was responsible for the accumulation of garbage or for failure to notify the claimant as required by section 3 (4) or (5).
(2) The court may give relief as is just and equitable, due regard being given to the relation and any agreement between the parties.
7 An appeal under section 5 and an application under section 6 must be commenced at a registry of the Supreme Court located in the judicial district where the premises are situated.
8 (1) A person must not abandon a vehicle on a highway or public right of way, or on Crown land.
(2) For an area outside a municipality, if the minister, or any person authorized in writing by the minister, is satisfied that a vehicle has been abandoned, the minister, council, or authorized person may remove and dispose of the vehicle.
(3) For an area within a municipality, the authority under subsection (2) of the minister or a person authorized by the minister may be exercised by the council or a person authorized by the council.
(4) An authorization under subsection (2) may be of named individuals or of persons within a described class.
(5) Subject to subsection (6), if a vehicle is removed or disposed of under this section, none of the following is liable or accountable to a person having right or title to the vehicle for the removal, for the vehicle, or for the proceeds, if any, of the disposal:
(a) the minister;
(b) the council;
(c) a person authorized under subsection (2) or acting on the directions of a person authorized under subsection (2);
(d) a person who receives the vehicle on a disposition under this section.
(6) A vehicle removed under this section must not be disposed of
(a) if there is a record of the vehicle in the records of the Insurance Corporation of British Columbia, or there is other evidence of ownership on or in the vehicle, unless
(i) notice in writing is given by registered mail to the last owner in the records of the corporation or to the person whose apparent ownership is evidenced,
(ii) 14 days have elapsed since the mailing of the notice, and
(iii) no person has appeared who has established a claim to the vehicle, paid the costs of removal, and taken custody of it, or
(b) in any other case, unless
(i) 7 days have elapsed since the removal, and
(ii) no person has appeared who has established a claim to the vehicle, paid the costs of removal, and taken custody of it.
(7) The expenses incurred in the removal or disposal of a vehicle under this section, less the proceeds, if any, of disposal, are recoverable as a debt due to the government or the municipality from the person who abandoned or authorized the abandonment of the vehicle in contravention of subsection (1).
(8) In the absence of proof to the contrary, the last person whose name appears as owner of the vehicle in the records of the Insurance Corporation of British Columbia is to be considered to have authorized the abandonment of the vehicle at the place from which it was removed.
(9) Nothing in this section applies to a vehicle left unattended temporarily by reason of any mechanical defect or of adverse road conditions.
(10) Despite subsection (9), if a vehicle is left apparently unattended on a highway or public right of way, or, without authority, on Crown land, for a period exceeding 72 hours at an accessible place, the burden of proof that the vehicle was not abandoned is on the person who alleges it was not abandoned.
9 (1) A person who hinders or obstructs a person referred to in section 4 (4) in entering premises to carry out the requirements of the notice commits an offence and is liable on conviction to a fine not exceeding $500.
(2) A person who abandons a vehicle in contravention of section 8 (1) commits an offence and is liable on conviction to a fine not exceeding $500.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada