LOCAL GOVERNMENT ACT – Continued
[RSBC 1996] CHAPTER 323

Part 17 – Utilities

Divisions 1 and 2

Sections Repealed

585 to 592 [Repealed 1999-37-122.]

593 [Repealed 1998-34-124.]

594 to 599 [Repealed 1999-37-122.]

600 [Repealed 1998-34-127.]

601 to 604 [Repealed 1999-37-122.]

605 [Repealed 1998-34-128.]

606 [Repealed 1999-37-122.]

Division 3 – Franchises

Granting of franchises

607 (1) As a limitation on section 176 (1) (a) and (b) [corporate powers – agreements], a council may, by bylaw adopted with the assent of the electors,

(a) enter into or ratify or adopt agreements granting to a person an exclusive or limited franchise, for a term of years not longer than 21 years, for the operation on the highways in the municipality of motor buses, motor vehicles, tram cars, electric trolley buses or other vehicles as a public utility for the carriage of passengers, and

(b) enter into or ratify or adopt agreements granting to a person an exclusive or limited franchise, for a term of years not longer than 21 years, to supply gas, electrical energy, water or telephone service to the inhabitants of the municipality.

(2) Despite subsection (1) (b), an agreement under that provision may, with the approval of the inspector, be renewed for one or more further terms, each of which must not be longer than 21 years.

(3) Before approving the renewal of an agreement under subsection (2), the inspector may require that the assent of the electors be obtained or that the council provide a counter petition opportunity in relation to the proposed agreement.

(4) For the purposes of subsections (2) and (3), a subsequent agreement to supply gas to the inhabitants of the municipality made between the parties to an agreement under subsection (1) (b), or their successors, heirs or assigns, is deemed to be a renewal of the agreement.

Establishing routes and other terms

608 (1) A bylaw under section 607 (1) (a), and an agreement made, ratified or adopted under it,

(a) may specify how and along what routes and between what terminals motor buses, motor vehicles, tram cars, electric trolley buses or other vehicles must operate, and may reserve or create power to specify those matters from time to time,

(b) may establish fares for the carriage of passengers, or reserve or create power to establish them, and

(c) without limiting paragraphs (a) and (b) but subject to this Division, may specify the other terms and restrictions, including payments to or by the municipality for and in connection with the franchise.

(2) A bylaw under section 607 (1) (b), and an agreement made, ratified or adopted under it,

(a) may specify how and where mains, poles and wires must be installed, and may reserve or create power to specify those matters from time to time,

(b) may establish the rates for the supplying of gas, electrical energy, water or telephone service, and reserve or create power to establish them, and

(c) without limiting paragraphs (a) and (b) but subject to this Division, may specify the other terms and restrictions, including payments to or by the municipality for and in connection with the franchise.

Enforcement of franchise

609 (1) A municipality that is party to an agreement made, ratified or adopted by a bylaw under section 607 may, by action in a court of competent jurisdiction, enforce the carrying out of the agreement and every term and provision of it, in so far as it affects that municipality, as though the agreement related solely to the municipality instituting the action.

(2) Any other municipality that is a party to an agreement referred to in subsection (1) may apply to be added as party, either as plaintiff or defendant, to the action and, in the discretion of the court, may be added accordingly.

Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada