This is part of an archived statute consolidation that is current to November 5, 2001 and includes changes enacted and in force by that date.

"Point in Time" Act Content

LOCAL GOVERNMENT ACT
[RSBC 1996] CHAPTER 323

NOTE: Links below go to act content as it was prior to the changes made on the effective date.
SECTION EFFECTIVE DATE
5 January 1, 2001
13 January 1, 2001
188 January 1, 2001
305.1 January 1, 2001
305.2 January 1, 2001
339 December 31, 2000
356 January 1, 2001
501 January 1, 2001
721 January 1, 2001
729 January 1, 2001
731 January 1, 2001
738 January 1, 2001
738.1, 738.2,
738.3, 738.4, 738.5
January 1, 2001
740 January 1, 2001
741 January 1, 2001
741.1, 741.2 January 1, 2001
746 January 1, 2001
747 January 1, 2001
753 January 1, 2001
762 January 1, 2001
771 January 1, 2001
779 January 1, 2001
800.2 January 1, 2001
802.3 January 1, 2001
Division 4.5 of Part 24 January 1, 2001
856 January 1, 2001
857 January 1, 2001
858 January 1, 2001
862 January 1, 2001
871 January 1, 2001
Part 26 January 1, 2001
872 January 1, 2001
873 January 1, 2001
874 January 1, 2001
875 and 876 January 1, 2001
877 January 1, 2001
878 January 1, 2001
879 to 880 January 1, 2001
881 January 1, 2001
882 and 883 January 1, 2001
Division 3 of Part 26 January 1, 2001
890 January 1, 2001
892 January 1, 2001
893 January 1, 2001
895 January 1, 2001
897 January 1, 2001
898 January 1, 2001
899 January 1, 2001
901 January 1, 2001
Division 7 of Part 26 January 1, 2001
903 January 1, 2001
910 January 1, 2001
911 January 1, 2001
912 January 1, 2001
913 January 1, 2001
914 January 1, 2001
915 January 1, 2001
916 January 1, 2001
917 January 1, 2001
918 January 1, 2001
919 January 1, 2001
919.1 January 1, 2001
920 January 1, 2001
920.01 January 1, 2001
920.1 January 1, 2001
920.2 January 1, 2001
921 January 1, 2001
922 January 1, 2001
924 January 1, 2001
929 January 1, 2001
930 January 1, 2001
931 January 1, 2001
936 January 1, 2001
938 January 1, 2001
941 January 1, 2001
946 January 1, 2001
947 January 1, 2001
966 January 1, 2001
970.1 January 1, 2001
971 January 1, 2001
972 January 1, 2001
974 January 1, 2001
977 January 1, 2001

Section 5 definition of "official community plan" BEFORE amended by 2000-7-2(f) effective January 1, 2001 (BC Reg 399/00).

"official community plan" means a community plan adopted under section 882 or 883;

Section 5 definition of "protected heritage property" paragraph (b) BEFORE amended by 2000-7-2(g) effective January 1, 2001 (BC Reg 399/00).

(b) included under section 880 (3) (b) [heritage conservation areas] in a schedule to an official community plan, or

Section 5 definition of "rural land use bylaw" was added by 2000-7-2(h) effective January 1, 2001 (BC Reg 399/00).


Section 13(3)(c) BEFORE it was changed by 2000-7-7 effective January 1, 2001 (BC Reg 399/00).

(c) provide that an official community plan for the municipality may include objectives and guidelines in addition to those set out in section 879 (1) (e) and that section 920 (9) does not apply with respect to that plan.


Section 188(1) BEFORE amended by 2000-7-19 effective January 1, 2001 (BC Reg 399/00).

(1) Subject to subsection (2),

Section 188(3) was added by 2000-7-19 effective January 1, 2001 (BC Reg 399/00).


Section 305.1(1) BEFORE amended by 2000-7-38 effective January 1, 2001 (BC Reg 399/00).

(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, the municipality is entitled to possession and control of the land for that purpose.


Section 305.2 BEFORE amended by 2000-7-39 effective January 1, 2001 (BC Reg 399/00).

305.2 (1) If a municipality is entitled to possession and control of land under section 305.1 [parks dedicated by subdivision], 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 section 496 [capital works reserve funds] 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 deeds executed under this section have effect as a Crown grant, free of any dedication to the public for the purpose of a park or a public square.

(5) 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 in the Crown with right of possession in the municipality.


Section 339(1)(f) BEFORE amended by 2000-26-27 effective December 31, 2000.

(f) a cemetery under the Cemetery and Funeral Services Act actually used and occupied for the interment of the dead or designated an approved interment area by the registrar under that Act;


Section 356(5)(a) BEFORE amended by 2000-11-37 effective January 1, 2001.

(a) the holder or occupier is liable to real property tax in the calendar year in which the holding or occupancy began for the portion of the calendar year the land was held or occupied, and


Section 501(2) was added and 501 renumbered 501(1) by 2000-7-55 effective January 1, 2001 (BC Reg 399/00).


Section 721(3) BEFORE amended by 2000-7-64 effective January 1, 2001 (BC Reg 399/00).

(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) a certificate from the designated municipal officer or the improvement district secretary that charges under subsection (1) have been paid in full, or

(b) the written approval of the inspector.


Section 729 definitions of "assessor", "board of trustees" and "collector"  were added by 2000-7-66 effective January 1, 2001 (BC Reg 399/00).


Section 731(7) was added by 2000-7-68 effective January 1, 2001 (BC Reg 399/00).


Section 738(5) BEFORE repealed by 2000-7-69 effective January 1, 2001 (BC Reg 399/00).

(5) The trustees may

(a) appoint a secretary and other officers and employees as they consider necessary,

(b) establish the salaries or wages of the persons appointed, and

(c) in the discretion of the trustees, dismiss an appointed person.


Sections 738.1, 738.2, 738.3, 738.4 and 738.5 were added by 2000-7-70 effective January 1, 2001 (BC Reg 399/00).


Section 740(2) BEFORE amended by 2000-7-73 effective January 1, 2001 (BC Reg 399/00).

(2) The time and place of the first meeting in each year must be set by the secretary, by a majority of the trustees or, in the case of the first meeting of trustees after incorporation, by the official responsible for conducting the first election.


Section 741 BEFORE re-enacted by 2000-7-75 effective January 1, 2001 (BC Reg 399/00).

Trustees to account to owners

741 (1) The trustees of an improvement district must

(a) cause to be kept books containing particular and accurate records of all receipts and expenditures of the funds of the improvement district, and

(b) once in every 12 months, call a meeting of the owners of land in the improvement district and present to them a summary of the financial transactions of the improvement district.

(2) The land owners present at each annual meeting must choose an auditor to audit the books of the improvement district for the following year and the trustees must pay the auditor from the funds of the improvement district.

(3) Within one month after the holding of a general meeting of an improvement district, the trustees must provide the inspector with a true copy of every auditor's report and financial statement presented to or discussed at the meeting.


Sections 741.1 and 741.2 were enacted by 2000-7-76 effective January 1, 2001 (BC  Reg 399/00).


Section 746(1)(e) BEFORE repealed by 2000-7-79(b) effective January 1, 2001 (BC Reg 399/00).

(e) appointing an assessor and a collector;


Section 747(1)(b) BEFORE amended by 2000-7-80 effective January 1, 2001 (BC Reg 399/00).

(b) signed by the secretary and by the person presiding at the meeting at which the bylaw is passed.


Section 753(1) BEFORE amended by 2000-7-83 effective January 1, 2001 (BC Reg 399/00).

(1) The trustees of an improvement district may direct the assessor of the improvement district to prepare an assessment roll.


Section 762(3) BEFORE amended by 2000-7-84 effective January 1, 2001 (BC Reg 399/00).

(3) The collector of the improvement district must


Section 771 BEFORE amended by 2000-7-85 effective January 1, 2001 (BC Reg 399/00).

771 The notes, bonds, debentures and other securities authorized and issued by an improvement district must bear the seal of the improvement district and, together with any coupons attached to them, must bear the manual, engraved, lithographed or printed signatures of the chair and secretary of the trustees of the improvement district, or of the other persons the trustees may by bylaw determine.


Section 791(3)(d.1) was added by 2000-7-97 effective January 1, 2001 (BC Reg 399/00).


Sections 800.2(1)(c.1) and (c.2) was added by 2000-7-103 effective January 1, 2001 (BC Reg 399/00).


Sections 802.3(2), (3), (4), (5), (6) and (7) was added and 802.3 renumbered 802.3(1) by 2000-7-104 effective January 1, 2001 (BC Reg 399/00).


Division 4.5 was added by 2000-7-106 effective January 1, 2001 (BC Reg 399/00).


Section 856(1)(a)(iii) BEFORE amended by 2000-7-122 effective January 1, 2001 (BC Reg 399/00).

(iii) providing assistance to local governments in setting up and using non-binding resolution processes, and


Section 857(4)(a) BEFORE amended by 2000-7-123 effective January 1, 2001 (BC Reg 399/00).

(a) review the regional growth strategy in the context of any community plans and regional growth strategies for its jurisdiction, both those that are current and those that are in preparation, and in the context of any other matters that affect its jurisdiction, and


Section 858(3) BEFORE amended by 2000-7-124 effective January 1, 2001 (BC Reg 399/00).

(3) For the purposes of this section, the facilitator may extend the period for acceptance or refusal under section 857 (4) (b).


Section 862(7) BEFORE amended by 2000-7-125 effective January 1, 2001 (BC Reg 399/00).

(7) The minister may make regulations regarding settlement processes under section 861, which may be different for different settlement processes, including regulations respecting the authority of a panel or arbitrator in settling a regional growth strategy and requiring the cooperation of local governments in relation to the settlement processes.


Section 871 BEFORE amended by 2000-7-126 effective January 1, 2001 (BC Reg 399/00).

871 After a regional growth strategy has been adopted, the minister may require a municipality or regional district to adopt, within a time specified by the minister, an official community plan, a rural land use bylaw, a zoning bylaw or a subdivision servicing bylaw for an area that is covered by the regional growth strategy and to which no such plan or bylaw currently applies.


Part 26 heading BEFORE re-enacted by 2000-7-127 effective January 1, 2001 (BC Reg 399/00).

Part 26 – Management of Development


Section 872 definition of "adopt" BEFORE amended by 2000-7-128 effective January 1, 2001 (BC Reg 399/00).

"adopt", in relation to a bylaw or an official plan, includes an amendment or repeal;

Section 872 definition of "rural land use bylaw" BEFORE repealed by 2000-7-128 effective January 1, 2001 (BC Reg 399/00).

"rural land use bylaw" means a bylaw adopted under Division 3 of this Part;


Section 873 BEFORE re-enacted by 2000-7-129 effective January 1, 2001 (BC Reg 399/00).

Powers may be exercised by comprehensive bylaw

873 (1) A local government may exercise its powers under Divisions 4 to 11 of this Part by the adoption of a single bylaw.

(2) If a single bylaw is adopted under subsection (1), amendments to that bylaw that are

(a) made under powers in this Part, and

(b) are not amendments authorized under section 903,

may be made without complying with the public hearing and notice provisions of Divisions 4 and 5 of this Part.

Section 873.1 was added by 2000-7-129 effective January 1, 2001 (BC Reg 399/00).


Section 874(1) BEFORE amended by 2000-7-130 effective January 1, 2001 (BC Reg 399/00).

874 (1) If a bylaw has been enacted by a local government under Division 2, 3, 7, 9 or 11 of this Part, and the minister believes that all or part of the bylaw is contrary to the public interest of British Columbia, the minister may notify the local government


Sections 875 and 876 BEFORE re-enacted by 2000-7-131 effective January 1, 2001 (BC Reg 399/00).

Application of community plans

875 (1) A local government may adopt one or more community plans for one or more areas.

(2) An official community plan of a municipality applies to land in the municipality that is designated in the plan as being covered by that plan.

(3) An official community plan applies to the area outside of a municipality that is designated in the plan as being covered by the plan.

General content of community plans

876 (1) A community plan is a general statement of the broad objectives and policies of the local government respecting the form and character of existing and proposed land use and servicing requirements in the area covered by the plan.

(2) To the extent that an official community plan deals with these matters, it should work towards the purpose and goals referred to in section 849.

(3) A community plan must be in writing and may include plans, maps, tables or other graphic material.


Section 877(1) and (2) BEFORE amended by 2000-7-132 effective January 1, 2001 (BC Reg 399/00).

(1) A community plan must include statements and map designations for the area covered by the plan respecting the following:

(2) A community plan must include housing policies of the local government respecting affordable housing, rental housing and special needs housing.


Section 878(1) and (2) BEFORE amended by 2000-7-133 effective January 1, 2001 (BC Reg 399/00).

(1) A community plan may include the following:

(2) If a local government proposes to include a matter in a community plan, the regulation of which is not within the jurisdiction of the local government, the plan may only state the broad objective of the local government with respect to that matter unless the minister has, under section 877 (1) (g), required or authorized the local government to state a policy with respect to that matter.


Section 879 BEFORE amended by 2000-7-135 effective January 1, 2001 (BC Reg 399/00).

Designation of permit areas

879 (1) For the purposes of section 920, a community plan may designate areas for one or more of the following:

(a) protection of the natural environment, its ecosystems and biological diversity;

(b) protection of development from hazardous conditions;

(c) protection of farming;

(d) revitalization of an area in which a commercial use is permitted;

(e) establishment of objectives and the provision of guidelines for the form and character of commercial, industrial or multi-family residential development.

(2) With respect to areas designated under subsection (1), the community plan must

(a) describe the special conditions or objectives that justify the designation, and

(b) specify guidelines respecting the manner by which the special conditions or objectives will be addressed.

(3) If a community plan designates areas under subsection (1), the plan may, with respect to those areas, specify conditions under which a development permit under section 920 (1) would not be required.

(4) For the purposes of section 921, a community plan may designate areas where temporary commercial and industrial uses may be allowed and may specify general conditions regarding the issue of temporary commercial and industrial use permits in those areas.

Sections 879.1 and 880 BEFORE repealed by 2000-7-135 effective January 1, 2001 (BC Reg 399/00).

Designation of development approval
information areas or circumstances

879.1 (1) For the purposes of section 920.1, a community plan may do one or more of the following:

(a) specify circumstances in which development approval information may be required under that section;

(b) designate areas for which development approval information may be required under that section;

(c) designate areas for which, in specified circumstances, development approval information may be required under that section.

(2) A community plan that specifies circumstances or designates areas under subsection (1) must describe the special conditions or objectives that justify the specification or designation.

Designation of heritage conservation areas

880 (1) For the purposes of heritage conservation, a community plan may designate an area as a heritage conservation area to which section 971 (1) applies.

(2) If a heritage conservation area is designated under subsection (1), the community plan must

(a) describe the special features or characteristics that justify the designation,

(b) state the objectives of the designation, and

(c) specify guidelines respecting the manner by which the objectives are to be achieved.

(3) If a heritage conservation area is designated under subsection (1), the community plan may do one or more of the following:

(a) specify conditions under which section 971 (1) does not apply to property within the area, which may be different for different properties or classes of properties;

(b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;

(c) for the purposes of section 971 (3) identify features or characteristics that contribute to the heritage value or heritage character of the area.

(4) At least 10 days before the public hearing on a community plan that includes a schedule under subsection (3) (b), the local government must give notice in accordance with section 974 to the owner of each property included in the schedule that is not already included in the schedule.

(5) Within 30 days after the adoption of a bylaw that includes a property in or deletes a property from a schedule under subsection (3) (b) to an official community plan, the local government must

(a) file a notice in the land title office in accordance with section 976, and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 977.


Section 881(1) BEFORE amended by 2000-7-136 effective January 1, 2001 (BC Reg 399/00).

(1) If a local government has adopted or proposes to adopt or amend a community plan for an area that includes the whole or any part of one or more school districts, the local government must consult with the school boards for those school districts


Section 882 BEFORE amended by 2000-7-137 effective January 1, 2001 (BC Reg 399/00).

Adoption procedures for municipalities

882 (1) A council may adopt a community plan by bylaw.

(2) Each reading of the bylaw must receive an affirmative vote of a majority of all council members.

(3) After first reading of a bylaw adopting a community plan, the council must, in sequence, do the following:

(a) consider the plan in conjunction with

(i) its financial plan or capital expenditure program, as applicable, and

(ii) any waste management plan or economic strategy plan that is applicable in the municipality;

(b) if the plan includes a regional context statement under section 878 (1) (b), refer the statement to the board of the regional district of which the municipality is a member for comment;

(c) if the plan applies to land in an agricultural land reserve established under the Agricultural Land Reserve Act, refer the plan to the Land Reserve Commission for comment;

(d) if the plan affects an area of an adjoining municipality, refer the plan to the council of that municipality for comment;

(e) if the plan affects

(i) an area of a regional district, outside of a municipality, of which it is a member, or

(ii) a service of that regional district,

refer the plan to the board of that regional district for comment.

(4) The minister may make regulations

(a) defining areas for which and describing circumstances in which subsection (3) (c) does not apply, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by the minister.

(5) Before the council gives third reading to a bylaw adopting a community plan and at least 20 days after it has referred the plan under subsection (3) (d) or (e), the council must hold a public hearing on the proposed community plan.

(6) Sections 890 to 894 apply to the holding of a public hearing under subsection (5).

(7) After the bylaw adopting the plan has received final reading, the plan is an official community plan of that municipality.

Section 883 BEFORE repealed by 2000-7-137 effective January 1, 2001 (BC Reg 399/00).

Adoption procedures for regional districts

883 (1) Section 882 applies to the adoption of a community plan in a regional district with the following changes:

(a) if the plan affects an area of an adjoining municipality or regional district, the board must refer the plan to the council or board of that municipality or regional district for comment;

(b) subject to subsection (2), after third reading of the bylaw adopting the plan, the board must submit to the minister any comments received after it referred the plan under paragraph (a);

(c) subject to subsection (2), until the minister has approved the plan, the board must not give final reading to the bylaw adopting it and the plan has no effect;

(d) section 791 applies respecting the entitlement of members of the board who may vote on all readings of the bylaw.

(2) The minister may make regulations

(a) defining areas for which and describing circumstances in which subsection (1) (b) and (c) does not apply, and

(b) providing that an exception under paragraph (a) is to be subject to the terms and conditions specified by the minister.

(3) Regulations under subsection (2) may be different for different regional districts, different areas and different circumstances.

Section 882(3)(b) BEFORE amended by 2000-7-139 effective January 1, 2001 (BC Reg 399/00).

(Note: this is an amendment to the changes that were made by the above point-in-time reference 2000-7-137.)

(b) in the case of a municipal plan that includes a regional context statement under section 878 (1) (b), refer the statement to the board of the regional district of which the municipality is a member for comment;


Section 885 BEFORE repealed by 2000-7-140 effective January 1, 2001 (BC Reg 399/00).

Petition to board for repeal of community plan

885 (1) The electors within an area covered by an official community plan in a regional district or an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985, may petition the board

(a) to alter the area of application of the plan, and

(b) to either

(i) replace the plan and existing zoning and subdivision bylaws in that area with a rural land use bylaw, or

(ii) not replace the plan with a rural land use bylaw.

(2) A petition under subsection (1) must specify the

(a) purpose of the petition, and

(b) area to which the petition relates.

(3) Section 241 [petitions to council] applies to a petition under this section.


Division 3 of Part 26 BEFORE repealed by 2000-7-141 effective January 1, 2001 (BC Reg 399/00).

Division 3 – Rural Land Use Bylaws

Rural land use bylaws

886 (1) A board may adopt one or more rural land use bylaws for one or more areas.

(2) A rural land use bylaw applies to the area outside of a municipality that is designated in the plan as being covered by the bylaw.

Content of rural land use bylaw

887 (1) A rural land use bylaw must be in 2 parts as described in this section.

(2) Part 1 of a rural land use bylaw is a general statement of the broad objectives and policies of the board respecting present and proposed land use and development in the area covered by the plan, including the description of areas where and under what conditions, for the purposes of section 921, temporary commercial or industrial uses will be allowed.

(3) Part 2 of a rural land use bylaw implements Part 1 of the bylaw and may contain provisions, regulations and maps respecting the following:

(a) the location of areas for residential, commercial, industrial, institutional, agricultural, recreational or public utility land uses;

(b) the density of the use of land;

(c) the conservation of an area considered by the board to have heritage value or heritage character;

(d) conditions, requirements and restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development;

(e) the approximate location and phasing of major road systems;

(f) the area, including minimum and maximum sizes, of parcels of land to be created by subdivision;

(g) servicing standards required for land use designations under paragraph (a);

(h) the siting of buildings and structures;

(i) other matters that may, in respect of any rural land use bylaw, be required or authorized by the minister.

(4) The power in subsection (3) to regulate includes the power to prohibit any use or uses in any area or areas.

(5) To the extent that Part 1 of a rural land use bylaw deals with these matters, it should work towards the purpose and goals referred to in section 849.

(6) If a board proposes to include a matter in Part 1 of a rural land use bylaw, the regulation of which is not within the jurisdiction of the board, that Part must only state the broad objectives of the board with respect to that matter unless the minister has required or authorized the board to state a policy with respect to that matter.

(7) Part 1 of a rural land use bylaw may include a regional context statement, consistent with the rest of the Part, of how matters referred to in section 850 (2) (a) to (c), and other matters dealt with in that Part, apply in a regional context.

(8) Despite section 886 and subsections (3) and (4) of this section, a board must not exercise the powers under those subsections to prohibit or restrict the use of land for a farm business in a farming area, unless the board receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.

Adoption procedures

888 (1) Section 883 applies to the adoption and approval of a rural land use bylaw other than an amendment to Part 2 of the bylaw.

(2) Section 913 (1) and (2) applies to a bylaw that amends Part 2 of a rural land use bylaw.

Effect of rural land use bylaw

889 (1) Part 1 of a rural land use bylaw has the same effect as an official community plan.

(2) Part 2 of a rural land use bylaw has the same effect as a zoning bylaw or a subdivision servicing bylaw, as the case may be.


Section 890(1) BEFORE amended by 2000-7-142 effective January 1, 2001 (BC Reg 399/00).

(1) Subject to subsection (4), a local government must not adopt a community plan bylaw, rural land use bylaw or zoning bylaw without holding a public hearing on the bylaw for the purpose of allowing the public to make representations to the local government respecting matters contained in the proposed bylaw.

Section 890(3.1) was added by 2000-7-142 effective January 1, 2001 (BC Reg 399/00).


Section 892(1)(b) BEFORE amended by 2000-7-143 effective January 1, 2001 (BC Reg 399/00).

(b) in the case of a public hearing on a community plan that includes a schedule under section 880 (3) (b), in accordance with section 974.


Section 893(3) BEFORE amended by 2000-7-144 effective January 1, 2001 (BC Reg 399/00).

(3) The notice must be published in at least 2 consecutive issues of a newspaper, the last publication to appear not less than 3 and not more than 10 days before the bylaw is given third reading.

Sections 893(4) to (7) BEFORE repealed by 2000-7-144 effective January 1, 2001 (BC Reg 399/00).

(4) If the bylaw alters the permitted use or density of any area, the notice must

(a) subject to subsection (5), include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads if applicable, and

(b) be mailed or otherwise delivered at least 10 days before the bylaw is to be given third reading

(i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and

(ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice,

of all parcels, any part of which is the subject of the bylaw alteration or is within a distance specified by bylaw from that part of the area that is subject to the bylaw alteration.

(5) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner.

(6) The obligation to deliver a notice under subsection (4) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

(7) Subsection (4) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration.


Section 895(1) BEFORE amended by 2000-7-145 effective January 1, 2001 (BC Reg 399/00).

(1) A local government that has adopted an official community plan, a zoning bylaw or a rural land use bylaw must, by bylaw, define procedures under which an owner of land may apply for an amendment to the plan or bylaw or for the issue of a permit under this Part.


Section 897 BEFORE repealed by 2000-7-146 effective January 1, 2001 (BC Reg 399/00).

Procedures manual

897 (1) A local government may prepare and provide to the public, on request, a procedures manual describing the procedures by which

(a) permits and approvals under this Part and Part 27 are obtained, and

(b) amendments to bylaws under this Part and Part 27 are initiated.

(2) The procedures manual must include the following:

(a) separate provisions respecting each type of permit, approval and amendment, with each separate provision specifying

(i) in general, the steps that must be followed and, for each step, the requirements to be met by the applicant,

(ii) the applicable authority,

(iii) the responsibility of each official involved, and

(iv) the office location of these officials;

(b) sample application forms that clearly indicate all the types of information and the degree of detail required, including an explanation of these forms;

(c) a statement of the fees required for each application.

(3) If there is a conflict between a bylaw under section 895 or 950 and a description in a procedures manual under this section, the bylaw prevails.


Section 898(1) and (2) BEFORE amended by 2000-7-147 effective January 1, 2001 (BC Reg 399/00).

(1) A council may, by bylaw, establish an advisory planning commission to advise council on all matters respecting land use, community planning or proposed bylaws and permits under Divisions 2, 3, 7, 9 and 11 of this Part that are referred to it by the council.

(2) A board may, by bylaw, establish an advisory planning commission for one or more electoral areas or portions of an electoral area to advise the board, or a director of the board representing the electoral area, on all matters referred to it by the board or by that director respecting land use, the preparation and adoption of a community plan, or a rural land use bylaw or a proposed bylaw or permit that may be enacted or issued under this Part.


Section 899(1) BEFORE amended by 2000-7-148 effective January 1, 2001 (BC Reg 399/00).

(1) A local government that has adopted a zoning bylaw or a rural land use bylaw must, by bylaw, establish a board of variance.


Section 901(3)(d)(ii) BEFORE amended by 2000-7-149(b) effective January 1, 2001 (BC Reg 399/00).

(ii) that is scheduled under section 880 (3) (b) or contains a feature or characteristic identified under section 880 (3) (c), or

Section 901(7) BEFORE amended by 2000-7-149(c) effective January 1, 2001 (BC Reg 399/00).

(7) If a board of variance orders under subsection (2) that a minor variance be permitted or an exemption from section 911 (5) be allowed, it may order that, unless the construction of the building, structure or manufactured home park is completed within a time set in the order, the permission or exemption terminates and the bylaw or section 911 (5), as the case may be, applies.


Division 7 heading of Part 26 BEFORE re-enacted by 2000-7-150 effective January 1, 2001 (BC Reg 399/00).

Division 7 – Land Use Designation


Section 903(5) BEFORE amended by 2000-7-151(a) effective January 1, 2001 (BC Reg 399/00).

(5) Despite subsections (1) to (4), a local government must not exercise the powers under this section to prohibit or restrict the use of land for a farm business in a farming area unless the local government receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.

Section 903(6) and (7) were added by 2000-7-151(b) effective January 1, 2001 (BC Reg 399/00).


Section 910(3) BEFORE amended by 2000-7-152(a) effective January 1, 2001 (BC Reg 399/00).

(3) A bylaw under subsection (1) or (2) has no effect until it has been approved by the Minister of Environment, Lands and Parks.

Sections 910(8) and (9) were added made by 2000-7-152(b) effective January 1, 2001 (BC Reg 399/00).


Sections 911(1), (3), (6), (8), and (9) BEFORE amended by 2000-7-153 effective January 1, 2001 (BC Reg 399/00).

(1) If, at the time of the enactment of a rural land use bylaw or adoption of a bylaw under this Division,

(3) A building or structure that is lawfully under construction at the time of the enactment of a rural land use bylaw or the adoption of a bylaw under this Division is deemed, for the purpose of this section,

(6) In relation to land, subsection (1) or (4) does not authorize the non-conforming use of land to be continued on a scale or to an extent or degree greater than that at the time of the enactment of the rural land use bylaw or the adoption of the bylaw under this Division.

(8) If a building or a structure, the use of which does not conform to the provisions of a rural land use bylaw or a bylaw under this Division is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined by the building inspector, it must not be repaired or reconstructed except for a conforming use in accordance with the bylaw.

(9) If the use and density of buildings and structures conform to a rural land use bylaw or a bylaw under this Division but


Section 912(1) BEFORE amended by 2000-7-154 effective January 1, 2001 (BC Reg 399/00).

(1) If the use of land or the siting of existing buildings and structures on the land ceases, as a result of expropriation of land, to conform to a rural land use bylaw or a bylaw under this Division, the remainder of the property is deemed to conform.


Section 913(1) BEFORE amended by 2000-7-155 effective January 1, 2001 (BC Reg 399/00).

(1) Subject to subsections (3) and (4), once a board has given third reading to a rural land use bylaw, a zoning bylaw or a subdivision servicing bylaw, the board must forward it to the minister for approval.


Sections 914(1) and (2) BEFORE amended by 2000-7-156 effective January 1, 2001 (BC Reg 399/00).

(1) Compensation is not payable to any person for any reduction in the value of that person's interest in land, or for any loss or damages that result from the adoption of an official community plan, a rural land use bylaw or a bylaw under this Division or the issue of a permit under Division 9 of this Part.

(2) Subsection (1) does not apply where the rural land use bylaw or bylaw under this Division restricts the use of land to a public use.


Sections 915(2) and (3) BEFORE amended by 2000-7-157 effective January 1, 2001 (BC Reg 399/00).

(2) Despite a rural land use bylaw or zoning bylaw, if land is located in a reserve established under the Agricultural Land Reserve Act and that land is not subject to section 21 (1) of that Act, intensive agriculture is permitted as a use.

(3) Subsections (1) and (2) cease to have effect in an area after a zoning or rural land use bylaw for that area is approved under section 887 (8) or 903 (5).


Section 916(2) BEFORE amended by 2000-7-158 effective January 1, 2001 (BC Reg 399/00).

(2) The minister may establish, publish and distribute standards in relation to farming areas for the guidance of local governments in the preparation of rural land use bylaws, zoning bylaws and bylaws under this Division.


Section 917(1) BEFORE amended by 2000-7-159 effective January 1, 2001 (BC Reg 399/00).

(1) Subject to receiving the approval of the minister, a local government may make bylaws in relation to farming areas

Sections 917(3) to (5) were added by 2000-7-159 effective January 1, 2001 (BC Reg 399/00).


Section 918(1) and (2) BEFORE amended by 2000-7-160 effective January 1, 2001 (BC Reg 399/00).

918 (1) Sections 887 (8), 903 (5) and 917 do not apply unless a regulation under this section declares that they apply.

(2) The Lieutenant Governor in Council may declare by regulation that, generally or for some or all of the geographic area specified in the regulation, on and after the date specified in the regulation, section 887 (8), 903 (5) or 917 applies to


Section 919(1) BEFORE amended by 2000-7-161 effective January 1, 2001 (BC Reg 399/00).

(1) In this section, "regulation" means a regulation under section 918 respecting the application of section 887 (8) or 903 (5) to a board, council or local trust committee.

Section 919(2) BEFORE repealed by 2000-7-161 effective January 1, 2001 (BC Reg 399/00).

(2) A board or a local trust committee to which a regulation applies must review all rural land use bylaws and zoning bylaws of the board or local trust committee, as the case may be, in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister.

Sections 919(3) to (5) BEFORE amended by 2000-7-161 effective January 1, 2001 (BC Reg 399/00).

(3) A council to which a regulation applies must review all zoning bylaws of the council in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister.

(4) During the first 3 years after a regulation commences to apply to the board of a regional district, to a local trust committee of a local trust area or to the council of a municipality, as the case may be, or during any extension to that 3 year period that the minister may grant,

(a) the board or local trust committee may amend, by bylaw, its rural land use bylaws or zoning bylaws, and

(b) the council may amend, by bylaw, its zoning bylaws,

in order to achieve consistency between the bylaws as they relate to any farming areas within the geographic area to which the regulation applies and the standards established under section 916 by the minister.

(5) As an exception to the usual requirements regarding rural land use bylaws and zoning bylaws, a bylaw that makes an amendment authorized under subsection (4) may be adopted without public hearing.


Section 919.1 was added by 2000-7-162 effective January 1, 2001 (BC Reg 399/00).


Sections 920(1), (3), (5), (7), (7.1), (8), (9), (10) and (11) BEFORE amended by 2000-7-163 effective January 1, 2001 (BC Reg 399/00).

(1) If an official community plan designates areas under section 879 (1), the following prohibitions apply unless an exemption under section 879 (3) applies or the owner first obtains a development permit under this section:

(3) The authority under subsection (2) must be exercised only in accordance with the applicable guidelines specified in an official community plan under section 879 (2) (b).

(5) If the land was designated under section 879 (1) (b), the conditions and requirements referred to in subsection (7.1) of this section may vary that use or density, but only as they relate to health, safety or protection of property from damage.

(7) For land designated under section 879 (1) (a), a development permit may do one or more of the following:

(7.1) For land designated under section 879 (1) (b), a development permit may do one or more of the following:

(a) specify areas of land that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire, or to another hazard if this other hazard is specified under section 879 (1) (b), as areas that must remain free of development, except in accordance with any conditions contained in the permit;

(8) If land has been designated under section 879 (1) (d) or (e), a development permit may include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and structures.

(9) Despite subsection (8), if land has been designated under section 879 (1) (e), a requirement under subsection (8) may only relate to the general character of the development and not to particulars of the landscaping or of the exterior design and finish of buildings and structures.

(10) A development permit for land that has been designated under section 879 (1) (c) may include requirements for screening, landscaping, fencing and siting of buildings or structures, in order to provide for the buffering or separation of development from farming on adjoining or reasonably adjacent land.

(11) Before issuing a development permit under this section, a local government may require the applicant to provide, at the applicant's expense, a report, certified by a professional engineer with experience in geotechnical engineering, to assist the local government in determining what conditions or requirements under subsection (7.1) it will impose in the permit.


Section 920.01 was added by 2000-7-164 effective January 1, 2001 (BC Reg 399/00).


Section 920.1(2) BEFORE amended by 2000-7-165 effective January 1, 2001 (BC Reg 399/00).

(2) If an official community plan includes a provision under section 879.1 (1), the local government must, by bylaw, establish procedures and policies on the process for requiring development approval information under this section and the substance of the information that may be required.


Section 920.2 was added by 2000-7-166 effective January 1, 2001 (BC Reg 399/00).


Section 921(1) BEFORE amended by 2000-7-167 effective January 1, 2001 (BC Reg 399/00).

(1) If an official community plan or a rural land use bylaw designates areas where temporary commercial or industrial uses may be allowed, on application by an owner of land, a local government may, by resolution, issue a temporary commercial or industrial use permit.

Section 921(2) BEFORE repealed by 2000-7-167 effective January 1, 2001 (BC Reg 399/00).

(2) If land outside a municipality is not within an area to which an official community plan or rural land use bylaw applies, on application by the owner of the land, a local government may, by bylaw, issue a temporary commercial or industrial use permit.

Sections (3) and (7) BEFORE amended by 2000-7-167 effective January 1, 2001 (BC Reg 399/00).

(3) Despite a zoning bylaw or rural land use bylaw, a temporary commercial or industrial use permit may do one or more of the following:

(7) Sections 890, 891, 892, 894 and 913, as they apply to a rural land use bylaw, apply to a bylaw under subsection (2).


Section 922(1) BEFORE amended by 2000-7-168 effective January 1, 2001 (BC Reg 399/00).

(1) On application by an owner of land, a local government may, by resolution, issue a development variance permit that varies, in respect of the land covered in the permit, the provisions of

(a) a rural land use bylaw,

(b) a bylaw under Division 7, 8 or 11 of this Part, or

(c) a bylaw under section 694 (1) (j).


Section 924 BEFORE amended by 2000-7-169 effective January 1, 2001 (BC Reg 399/00).

Approval required for development near controlled access highway

924 (1) If a zoning bylaw is subject to section 54 (2) of the Highway Act, a permit under this Division must not be issued for the construction of commercial or industrial buildings exceeding 4 500 m2 in gross floor areas unless a site plan of the buildings, including traffic circulation and parking areas and facilities, has been approved by the Minister of Transportation and Highways.

(2) In considering whether to approve a site plan under subsection (1), the Minister of Transportation and Highways must consider only the effect of the proposed development on the controlled access highway.


Section 929(1)(a) and (b) BEFORE amended by 2000-7-170 effective January 1, 2001 (BC Reg 399/00).

(a) an official community plan,

(b) a rural land use bylaw, or

Section929(1)(c) BEFORE repealed by 2000-7-170 effective January 1, 2001 (BC Reg 399/00).

(c) a bylaw under sections 903 to 907 or 910


Section 930(4), (6), and (8) BEFORE amended by 2000-7-171 effective January 1, 2001 (BC Reg 399/00).

(4) If a parcel affected by an amendment under subsection (2) is subject to section 54 (2) of the Highway Act,

(a) a bylaw under subsection (2) (a) must not be adopted, and

(b) a development variance permit or a development permit under subsection (2) (b) must not be issued,

until it has been approved by the Minister of Transportation and Highways.

(6) A bylaw of a regional district amending a land use contract must not be adopted until it has been approved by the minister.

(8) The minister may make regulations

(a) defining areas for which and describing circumstances in which subsection (6) does not apply, and

(b) providing that an exception under paragraph (a) is to be subject to terms and conditions specified by the minister.

Section (30(8.1) was added by 2000-7-171 effective January 1, 2001 (BC Reg 399/00).


Section 931(1)(a) BEFORE amended by 2000-7-172 effective January 1, 2001 (BC Reg 399/00).

(a) application fees for an application to initiate changes to the provisions of a plan or bylaw under Division 2, 3, 7 or 11 of this Part or under Part 27;


Section 936(5) BEFORE amended by 2000-7-174 effective January 1, 2001 (BC Reg 399/00).

(5) Section 941 (13) applies to land provided under subsection (1).


Section 938(3.1)(a) and (b) BEFORE amended by 2000-7-175 effective January 1, 2001 (BC Reg 399/00).

(a) must be approved by the Minister of Transportation and Highways, if the regional district provides the general service referred to in section 797 (1) (c.1), and

(b) may be approved by the Minister of Transportation and Highways for the purposes of section 13.1 (4) of the Highway Act.


Sections 941(2), (3), (5), (6), and (12) BEFORE changes were made by 2000-7-176 effective January 1, 2001 (BC Reg 399/00).

(2) Despite subsection (1), if an official community plan or a rural land use bylaw contains policies and designations respecting the location and type of future parks, the local government may determine whether the owner must provide land under subsection (1) (a) or money under subsection (1) (b).

(3) The option established by subsection (1) does not apply if a regional district does not exercise a power to provide a community parks service.

(5) Subsection (1) does not apply to

(a) a subdivision by which fewer than 3 additional lots would be created,

(b) a subdivision by which the smallest lot being created is larger than 2 hectares, or

(c) a consolidation of existing parcels.

(6) If an owner opts to pay money under subsection (1) (b), the value of the land is whichever of the following is applicable:

(12) If an owner pays money for park land under this section, the municipality or regional district must deposit this in a reserve fund established for park land acquisition purposes, and sections 336 [investment of municipal funds] and 496 [capital works reserve funds] apply.

Sections 941(5.1) and (14) were added by 2000-7-176 effective January 1, 2001 (BC Reg 399/00).


Section 946(5) BEFORE amended by 2000-7-177(a) effective January 1, 2001 (BC Reg 399/00).

(5) A bylaw under subsection (4) does not apply to land within an agricultural land reserve established under the Agricultural Land Reserve Act.

Section 946(8) BEFORE amended by 2000-7-177(b) effective January 1, 2001 (BC Reg 399/00).

(8) For a parcel of land that is not within an agricultural land reserve established under the Agricultural Land Reserve Act, approval of subdivision under this section may only be given on the condition that


Section 947(2) definition of "heritage conservation area" BEFORE amended by 2000-7-178 effective January 1, 2001 (BC Reg 399/00).

"heritage conservation area" means an area designated under section 880 (1) in an official community plan;


Section 966(2)(b)(i) BEFORE repealed by 2000-7-181 effective January 1, 2001 (BC Reg 399/00).

(i) Part 2 of a rural land use bylaw under section 887 (3);


Section 970.1 was added by 2000-7-182 effective January 1, 2001 (BC Reg 399/00).


Section 971(2) BEFORE amended by 2000-7-183 effective January 1, 2001 (BC Reg 399/00).

(2) Subsection (1) does not apply if conditions established under section 880 (3) (a) apply.

Section 971(3(b) BEFORE amended by 2000-7-183 effective January 1, 2001 (BC Reg 399/00).

(b) the permit relates to a feature or characteristic identified under section 880 (3) (c).


Section 972(2)(a) BEFORE repealed by 2000-7-184 effective January 1, 2001 (BC Reg 399/00).

(a) Part 2 of a rural land use bylaw under section 887 (3);

Section 972(4)(c) BEFORE amended by 2000-7-184 effective January 1, 2001 (BC Reg 399/00).

(c) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under section 880 (2) (c) for the heritage conservation area.


Section 974(1) BEFORE amended by 2000-7-185 effective January 1, 2001 (BC Reg 399/00).

(1) Any notice required to be given to an owner or occupier under section 880 (4) or this Part must be given to the owner or occupier in accordance with this section.


Section 977(1)(b) BEFORE amended by 2000-7-188 effective January 1, 2001 (BC Reg 399/00).

(b) heritage property included under section 970.1 (3) (b) in a schedule to an official community plan;


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