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LOCAL GOVERNMENT ACT — Continued
[RSBC 1996] CHAPTER 323

Part 24 — Regional Districts

Division 1 — Interpretation

Definitions

773 In this Part and in any regulation or bylaw passed under it:

"chair" means the chair of a board who is elected under section 792;

"electoral area director" means a director for an electoral area who is elected or appointed under section 785 from an electoral area;

"electoral participating area" means an area that is in a service area and that is all or part of an electoral area;

"municipal director" means a director for a municipality who is appointed under section 784;

"municipal participating area" means an area that is in a service area and that is all or part of a municipality;

"municipality" means, in relation to a regional district, a municipality in the regional district and, in the case of the Greater Vancouver Regional District, includes the City of Vancouver;

"participant" means,

(a) in relation to a municipal participating area, the council of the municipality, and

(b) in relation to an electoral participating area, the director of the electoral area;

"participating area" means a municipal participating area or an electoral participating area, as applicable;

"regulatory service" means the exercise of a regulatory authority conferred on a regional district by or under this or another Act, other than the exercise of regulatory authority under section 796.2 [general authorities in relation to services] or section 797 [Part 15 powers equivalent to municipalities];

"requisition" means a requisition under section 805 [municipal] or 806 [electoral area];

"service" includes a regulatory service;

"service area" means the area in which a service is provided, being comprised of the participating areas for the service;

"vice chair" means the vice chair of a board who is elected under section 792.

Application of other provisions

774 In the application of the other provisions of this Act to this Part, references are to be read as follows:

Reference

To be read as

municipality...............................

regional district

council......................................

board

mayor.......................................

chair

councillor..................................

director

municipal officer........................

regional district officer

Division 1.1 — Continuation of Regional Districts and Services

Continuation of regional districts

774.1 (1) Every regional district incorporated before this Part came into force on July 1, 1989 is continued as a corporation and is vested with the powers conferred on it by this Act.

(2) All bylaws validly adopted by a board before this Part came into force continue in force.

Continuation of regional district services

774.2 (1) In this section:

"previous continuation authority" means the authority to provide services under section 775 (3) to (8), as that section read immediately before the transition date;

"continued service" means a service provided by a regional district immediately before the transition date;

"transition date" means the date when this section came into force.

(2) Subject to this section, a regional district continues to have the power to provide a continued service as follows:

(a) if, immediately before the transition date,

(i) the service is one that was authorized under the previous continuation authority, and

(ii) no bylaw that was deemed under the previous continuation authority to be an establishing bylaw has been adopted in relation to the service,

the service may be continued in accordance with the previous continuation authority and, for these purposes, that authority is deemed not to have been repealed;

(b) if the service is one referred to in section 800.1 (2) (b) or (c) [development services and social planning], or is another service for which an establishing bylaw was not required before the transition date, the service may be continued without an establishing bylaw.

(3) If a board exercises a power to provide a continued service under subsection (2), it may

(a) adopt a bylaw in accordance with subsection (5) to convert the service to one exercised under the authority of an establishing bylaw, and

(b) by the same bylaw, amend the power to the extent that it could if the power were in fact exercised under the authority of an establishing bylaw.

(4) A board must adopt a bylaw under subsection (3) in relation to a continued service if any changes are made to the service area, participants, method of cost recovery or apportionment of costs in relation to the service.

(5) A bylaw under subsection (3) must

(a) meet the requirements of section 800.1 [required content] for an establishing bylaw, and

(b) be adopted in accordance with section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

(6) A bylaw under subsection (3) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

Division 2 — Corporate Structure

Section Repealed

775 [Repealed 2000-7-88.]

Incorporation of regional districts

776 On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, incorporate the residents of an area into a regional district for the purpose of exercising powers conferred on the regional district under this Act or under any other enactment.

Letters patent of regional districts

777 (1) Letters patent incorporating a regional district must specify the following:

(a) the name and boundaries of the regional district;

(b) the municipalities and electoral areas that comprise the regional district;

(c) the boundaries of each electoral area in the regional district;

(d) the voting unit for the regional district, by specifying the number of persons used to calculate the number of votes referred to in section 783 (2);

(e) the last date for appointment of municipal directors to the first board;

(f) the time and manner of the first election of electoral area directors;

(g) the chief election officer and the voting places for the first election under paragraph (f);

(h) the date, time and place of the board's first meeting;

(i) the sums that may be borrowed to meet the current lawful expenditures of the regional district in the year of incorporation and, if considered necessary, for the next year;

(j) the dates that may be observed initially, and once only, in place of statutory dates;

(k) [Repealed 2000-7-89.]

(l) any other provisions and conditions the Lieutenant Governor in Council considers necessary or advisable.

(2) No part of an electoral area may be in a municipality.

(3) On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, do one or more of the following:

(a) specify the divisor used to calculate the number of directors referred to in section 783 (5);

(b) change the name of a regional district;

(c) amend the voting unit referred to in subsection (1) (c);

(d) redefine the boundaries of an electoral area, establish a further electoral area or eliminate an existing electoral area;

(e) make provisions that the Lieutenant Governor in Council considers necessary or advisable for the transition referred to in paragraph (d).

(4) Without restricting subsection (3) (d), letters patent under that subsection may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient.

Sections Repealed

778 to 779.3 [Repealed 1998-34-152.]

Amalgamation and division of regional districts and alteration of boundaries

780 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, or by the repeal of existing letters patent and the issue of new letters patent, as necessary,

(a) amalgamate 2 or more regional districts,

(b) alter the boundaries of 2 or more adjoining regional districts by reducing the area of one and increasing the area of another by the inclusion of the area withdrawn into the district that is increased, or

(c) divide a regional district into 2 or more regional districts.

(2) Before making a recommendation under subsection (1), the minister must

(a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and

(b) notify all regional districts that will be affected by the proposed recommendation.

(3) The Lieutenant Governor in Council must not issue letters patent under subsection (1) for 6 months after notice has been given under subsection (2) (b).

(4) In a recommendation under subsection (1), the minister must specify a proposed allocation or division of the assets and liabilities of the districts affected.

(5) Letters patent under subsection (1) may include provisions that the Lieutenant Governor in Council considers necessary or advisable for the transition.

(6) Without limiting subsection (5), letters patent under subsection (1) may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient.

(7) Subject to the letters patent, the bylaws and resolutions of boards that had jurisdiction before the amalgamation, alteration or division remain in force until they are amended or repealed by the board having jurisdiction following the amalgamation, alteration or division.

(8) On the issue of letters patent under this section, sections 31 and 32 apply.

Dissolution of improvement districts and local areas

781 (1) If an improvement district is dissolved under section 735 or a local area under the Local Services Act ceases to exist, and the land comprising the improvement district or local area is in a regional district, the Lieutenant Governor in Council may, by order, do one or more of the following:

(a) provide that all or part of the land be a service area under this Part;

(b) allocate and assign or transfer to the regional district any asset or liability, whether real or contingent, of the improvement district or local area under the terms and conditions the Lieutenant Governor in Council considers necessary or advisable and in a manner that the Lieutenant Governor in Council considers just and expedient;

(c) specify that the bylaws of the improvement district or any enactment relating to the local area continue in force in the part of the improvement district or local area that is in the regional district until they are amended or repealed by the board;

(d) specify a period within which a bylaw must be adopted under subsection (2).

(2) If provision is made for a service area under subsection (1), the board must adopt a bylaw in respect of the service that

(a) meets the requirements of section 800.1 [required content] for an establishing bylaw, and

(b) is adopted in accordance with section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

(3) A bylaw under subsection (2) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

(4) A bylaw under subsection (2) must be adopted within the period specified in the order of the Lieutenant Governor in Council under subsection (1) or, if no period is specified, within a reasonable period after that order comes into effect.

(5) If no period is specified in the order under subsection (1), the Lieutenant Governor in Council may, in a later order, specify a period and, if this is done, a bylaw under subsection (2) must be adopted within the period specified.

Creation or restructure of municipalities

782 (1) If letters patent incorporate an area in the regional district as a new municipality, the new municipality becomes a member of the regional district on the date of incorporation, with representation determined in accordance with section 783.

(2) If letters patent incorporate a new municipality or extend the boundaries of an existing municipality, and all or part of a service area is in the new municipality or the extension of the existing municipality, the Lieutenant Governor in Council may, by the issue of letters patent for the regional district,

(a) transfer from the regional district to the municipality the jurisdiction for the service in respect of all or a specified part of the service area, and

(b) make provisions that the Lieutenant Governor in Council considers necessary or advisable for the transfer.

(3) Without limiting subsection (2) (b), the letters patent may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient.

(4) If jurisdiction for a service is transferred to the municipality by letters patent under subsection (2), the effective date of the transfer is the date of the letters patent unless an order under subsection (4.1) applies.

(4.1) The minister may, by order, specify a later date on which the transfer is effective and, if such an order is made, the jurisdiction of the regional district governing the service continues in force until that later date.

(5) If letters patent incorporate a new municipality and only a part of a service area is in the new municipality, the service is continued under the jurisdiction of the regional district unless it is transferred under subsection (2) (a).

(6) If letters patent are issued extending or reducing the boundaries of a municipality, the voting power of the municipality under section 783 must be adjusted effective January 1 in the year following the date of issue.

(7) Subsection (8) applies if, as a consequence of the incorporation of a new municipality or the alteration of boundaries of an existing municipality, the council and the board are unable to resolve a difference that may arise between them on

(a) the question of administration of matters in their respective jurisdictions,

(b) the allocation of resources or costs, or

(c) any other matter that, in the opinion of the minister, requires solution.

(8) In the circumstances referred to in subsection (7), after considering the representations of the parties, the minister may make an order, not inconsistent with this Act or letters patent of the municipality or regional district, directing the council and the board, or either, to act in a manner consistent with the terms of settlement set out in the order.

(9) The council and the board must comply with the terms of an order under subsection (8) according to its intent.

Division 3 — Government and Procedure

Composition and voting rights

783 (1) A board consists of municipal directors and electoral area directors.

(2) The number of votes to which each municipality and each electoral area is entitled is

(a) the number obtained by dividing the population of the municipality or electoral area by the voting unit specified in the letters patent, or

(b) if the quotient under paragraph (a) is not an integer, the next greater integer to that quotient.

(3) For the purposes of subsection (2), the population of a municipality or electoral area is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known.

(4) A change in the population of a municipality or an electoral area established by census, for purposes of the voting power on that board, takes effect in the year following the year in which that census was taken.

(5) The number of directors to which each municipality is entitled is

(a) the number obtained by dividing the number of votes to which that municipality is entitled under subsection (2) by 5 or, if otherwise specified in letters patent for the regional district, by the other number specified, or

(b) if the quotient under paragraph (a) is not an integer, the next greater integer to that quotient.

(6) The votes of a municipality referred to in subsection (2) are to be equally distributed by the council among the directors from that municipality.

(7) If equal distribution is not possible under subsection (6),

(a) the council must assign the municipality's votes to each director as evenly as possible, but in no case may the difference between the maximum and minimum number of votes assigned be greater than one, and

(b) the municipal officer assigned responsibility under section 198 [corporate administration] must notify the equivalent regional district officer of the assignment made under paragraph (a).

Appointment and term of office of municipal directors

784 (1) After the first appointment under section 777 (1) (e), each municipal director is to be appointed at pleasure by the council from among its members.

(2) The term of office of a municipal director

(a) begins when the person takes office in accordance with section 210 (3) [oath of office], and

(b) continues until the earliest of

(i) another director taking office in the original director's place,

(ii) the director ceasing to be a member of the council before the next general local election, and

(iii) December 31 in the year of a general local election.

(3) The following sections apply to municipal directors:

section 210 [oath of office for council members];

section 211 [disqualification for failure to take oath];

section 212 [resignation from office];

section 213 [application to court for disqualification];

section 214 [resolution declaring disqualification].

Election and term of office of electoral area directors

785 (1) After the first election under section 777 (1) (f), elections for electoral area directors are to be conducted in accordance with Part 3.

(2) The sections referred to in section 784 (3) apply to electoral area directors.

(3) The term of office of an electoral area director elected at the time of the general local election

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3) [oath of office], whichever is later, and

(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the director's successor takes office, whichever is later.

Alternate municipal directors

786 (1) The council of a municipality may appoint a council member as an alternate director.

(2) The alternate director may take the place of, vote and generally act in all matters for an absent municipal director, including a matter delegated to that director by the board.

(2.1) If there is more than one municipal director, the authority under subsection (1) may be exercised either

(a) by specifying for each municipal director, the council member who is the alternate director for that municipal director, or

(b) by appointing a number of alternate directors and establishing a system to determine which alternate director is to act in the place of any absent municipal director.

(2.2) As a restriction on subsection (2.1) (b), at any one time an alternate director may only act in place of a single municipal director.

(3) If the council appoints an alternate director, the municipal officer assigned responsibility under section 198 [corporate administration] must notify the equivalent regional district officer of the appointment in writing.

(4) An alternate director holds office as alternate director until another council member is appointed as a replacement and the regional district officer assigned responsibility under section 198 [corporate administration] has been notified of the new appointment.

(5) If the seat of a municipal director becomes vacant through resignation, disqualification or death, the alternate director appointed under subsection (1) becomes the municipal director in place of the director whose seat became vacant until a new director is appointed.

Alternate electoral area directors

787 (1) An electoral area director must appoint, as an alternate director, a person who has the qualifications necessary to be nominated as a director for that electoral area.

(2) On behalf of an absent electoral area director, the alternate director appointed under subsection (1) may take the place of, vote and generally act in all matters for the absent electoral area director, including in relation to a matter delegated to that director by the board.

(3) An appointment under subsection (1) takes effect when

(a) the appointment has been approved in writing by 2 electors who reside in the electoral area that the director represents, and

(b) the director notifies the regional district officer assigned responsibility under section 198 [corporate administration] in writing of the appointment of the alternate.

(4) If the office of an electoral area director becomes vacant through resignation, disqualification or death,

(a) the alternate director holds the office until that person's successor takes office following the next election for the office, or

(b) if the alternate director is unable or unwilling to hold office as director, the board must appoint another person who has the qualifications to be nominated as a director for the electoral area and that person holds the office as provided in paragraph (a).

(5) The electoral area director who appointed an alternate director may appoint, as a replacement for the alternate director, another person who has the qualifications necessary to be nominated as a director for that electoral area.

(6) An alternate director holds office as alternate director until a replacement is appointed under subsection (5) or until the next general local election, whichever is earlier.

Remuneration and expenses of directors and committee members

788 (1) For the purposes of remuneration, expenses and benefits under this Part, "director" includes an alternate director, a chair and a vice chair.

(2) A board may, by bylaw, provide for one or more of the following payments:

(a) remuneration to directors for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those duties other than expenses covered under paragraph (c) or (d);

(b) remuneration to members of committees of the board for each regularly constituted committee meeting attended;

(c) all or part of the expenditures made or expenses incurred by a director or committee member when the director or committee member is

(i) representing the regional district,

(ii) engaging in regional district business,

(iii) attending a meeting, course or convention, or

(iv) attending a meeting of the board or of any committee of which that person is a member;

(d) an allowance, daily or otherwise, for specified expenses incurred by a director when performing activities referred to in paragraph (c) (i) to (iv), if those expenses are not covered under that paragraph.

(3) A bylaw under subsection (2) (c) or (d) must specify

(a) the types of expenses and expenditures that may qualify for payment, and

(b) the levels at which payment may be made.

(4) A bylaw under subsection (2) may do one or more of the following:

(a) provide different remuneration for different directors and different classes of directors;

(b) limit the number of committee meetings for which remuneration may be paid to a committee member;

(c) limit the types of activities that may qualify for payment under subsection (2) (c) or (d);

(d) set different levels for different types of expenses and expenditures.

Director benefits

789 (1) Without limiting section 788, a board may enter into agreements for benefits, including medical and dental services and insurance policies, for all or some of its directors and their dependants.

(2) A board may provide all or part of a premium required by an agreement under subsection (1) for accident insurance coverage for directors while on regional district business.

(3) Other than a premium referred to in subsection (2), a board must not provide all or part of the premium required by an agreement under subsection (1).

Section Repealed

790 [Repealed 2000-7-95.]

Voting on resolutions and bylaws

791 (1) All resolutions and every reading and the adoption, amendment or repeal of all bylaws must, except as otherwise provided, be decided by

(a) a majority of the votes cast, and

(b) voting in accordance with subsections (2) to (17).

(2) Except as otherwise provided, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, each director who is present

(a) is entitled to vote, and

(b) has one vote.

(3) Without limiting subsection (2), voting on the following matters must be in accordance with that subsection:

(a) establishing bylaws for services;

(b) bylaws exercising a regulatory authority in relation to a regulatory service;

(c) resolutions and bylaws establishing services for which no establishing bylaw is required;

(d) resolutions and bylaws on the general conduct of the board's business, including bylaws under sections 793 and 794;

(d.1) resolutions appointing a director under section 813.02 (2) (c) [appointment of representative in relation to service disputes];

(e) resolutions dispensing with the consent of an electoral area director under section 801.5 (3), or that section as it applies under section 802 (2) or 823 (5);

(f) resolutions and bylaws under Part 25, except as provided in subsection (16);

(g) subject to subsections (12) and (13), resolutions and bylaws under Part 26, other than bylaws referred to in paragraph (b).

(4) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a service, other than the service referred to in section 800 (2) (a) [general administration], each director who is present and who represents a participating area for the service

(a) is entitled to vote, and

(b) subject to the establishing bylaw, has the number of votes assigned to that director under section 783 (2).

(5) Without limiting subsection (4), voting on the following matters must be in accordance with that subsection:

(a) bylaws imposing fees or charges;

(b) bylaws under section 806.1 (2) [parcel tax collection in electoral areas] providing for the preparation of an assessment roll;

(c) bylaws exercising a regulatory authority, other than bylaws referred to in subsection (3) (b).

(6) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws referred to in subsection (7), each director who is present

(a) is entitled to vote, and

(b) has the number of votes assigned to that director under section 783 (2).

(7) Voting on the following matters must be in accordance with subsection (6):

(a) resolutions or bylaws adopting provisional budgets and bylaws adopting annual budgets;

(b) bylaws respecting borrowing under section 829, 830, 831, 831.1 or 833;

(c) bylaws authorizing the acquisition, expropriation or disposal of real property;

(d) resolutions and bylaws authorizing liabilities under section 828;

(e) resolutions and bylaws authorizing persons to enter into contracts on behalf of the regional district.

(8) On any question where the number of votes, including the vote of the person presiding, are equal, the question is defeated.

(9) A director who votes must cast all available votes for the same objective.

(10) Section 230 (1) and (2) [voting at council meetings] and section 231 (1) to (8) [council member declaration if not entitled to vote] apply to all meetings of the board.

(11) If, except for this subsection, only one director would be entitled to vote, each director who is present

(a) is entitled to vote, and

(b) has one vote.

(12) In relation to an agreement under section 804.1 (2) [cost sharing for Part 26 services],

(a) the director for the municipality is not entitled to vote on the resolution or bylaw authorizing the regional district to enter into the agreement,

(b) as soon as the agreement has been entered into, the director for that municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into any other agreement under that section, and

(c) while the agreement is in force, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 26 [Planning and Land Use Management] except in accordance with the agreement.

(13) In relation to a municipality that has given notice under section 804.1 (3) [withdrawal from participation in Part 26 services],

(a) as soon as the notice has been given, the director for the municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into an agreement under section 804.1 (2), and

(b) effective the year following the year in which the notice is given and continuing until the municipality again becomes a participant, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 26 except, if applicable, in relation to participation under section 804.1 (6) or (7) [limited continued participation].

(14) Subsections (2) to (7) do not apply to the Greater Vancouver Regional District.

(15) For the Greater Vancouver Regional District, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, except as otherwise provided, each director who is present and, if the resolution or bylaw is in respect of a service, who represents a participating area for that service,

(a) is entitled to vote, and

(b) subject to the establishing bylaw, has the number of votes assigned to that person under section 783 (2).

(16) Except as provided in subsection (17), if a resolution or bylaw under Part 25 is in relation to a regional growth strategy for an area that is less than the entire regional district, the directors who may vote are only those who represent a municipality or electoral area all or part of which is subject to the regional growth strategy.

(17) The voting rule in subsection (16) does not apply to votes on

(a) initiation of the regional growth strategy,

(b) boundary changes for the area to which the regional growth strategy is to apply,

(c) implementation agreements under section 868, or

(d) acceptance of a regional growth strategy for an adjoining regional district.

Chair and vice chair of board

792 (1) At the first meeting held after December 1 in each year, the board must elect a chair and a vice chair.

(2) The vice chair has, during the absence, illness or other disability of the chair, all the powers of the chair and is subject to all rules applicable to the chair.

(3) If the chair and the vice chair are not present at a meeting of the board, the directors present may elect an acting chair who, during that meeting, has all the powers of the chair and is subject to all rules applicable to the chair.

(4) For the purposes of elections under this section, each director present at the meeting has one vote in each election for an office.

(5) The chair has the same powers and duties in relation to a regional district as the mayor of a municipality has in relation to a municipality under the following sections:

section 218 [powers and duties of mayor];

section 219 [mayor may return bylaw for reconsideration].

(6) In exercising the power established by section 219, the chair may return the bylaw, resolution or proceeding of the board for reconsideration at the meeting of the board following the adoption of the bylaw or resolution or the proceeding of the board, as applicable.

Calling and conduct of meetings

793 (1) and (2) [Repealed 1999-37-166.]

(3) On the request of the chair or of any 2 directors, the regional district officer assigned responsibility under section 198 [corporate administration] must call a special meeting by notice that

(a) states the general purpose and the day, hour and place of the meeting, and

(b) is mailed at least 5 days before the date of the meeting to each director at the address given by the director to that regional district officer for that purpose.

(4) The notice of any special meeting referred to in subsection (3) may be waived by a unanimous vote.

(5) In the case of an emergency, notice of a special meeting

(a) may be given, with the consent of the chair and 2 directors, less than 5 days before the date of the meeting, and

(b) need not be given in writing.

(6) A meeting of the board may take place outside the boundaries of the regional district if the board passes a resolution to that effect.

(7) The following apply to a regional district:

section 222.1 [regular and special council meetings];

section 227 (1) [mayor to preside];

section 228 [points of order];

section 229 [appeal from decision of mayor];

section 236 [minutes of council meetings];

Division 4.1 of Part 5.2 [Public Access to Municipal Meetings].

(8) The minister may, by regulation applying to one or more regional districts, make provision for obtaining and counting votes of the directors on urgent issues and for passing resolutions and adopting bylaws on those issues without the necessity of holding a regular or special meeting.

(9) Regulations under subsection (8) may establish rules respecting

(a) mechanisms for submitting urgent issues to the directors,

(b) the manner in which votes will be submitted by them, and

(c) the counting of votes and subsequent ratification by the board of the resolutions and bylaws.

Procedure, bylaws and enforcement

794 (1) A board must, by bylaw, provide for the procedure that is to be followed for the conduct of its business and the business of its select and standing committees, including the manner by which resolutions may be passed and bylaws adopted.

(1.1) The bylaw under subsection (1) must provide for advance public notice respecting the time, place and date of board and committee meetings.

(2) A procedural bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the regional district officer assigned responsibility under section 198 [corporate administration] for that purpose, at least 5 days before the meeting at which the amendment is to be introduced.

(3) Subject to subsection (4), a board must not adopt a bylaw on the same day it has given the bylaw third reading.

(4) A bylaw that does not require approval, consent or assent under this or any other Act before it is adopted may be adopted at the same meeting at which it passes third reading if the motion for adoption receives at least 2/3 of the votes cast.

(5) The following apply for the purposes of this Part:

section 232 (1) and (2) [exercise of powers by bylaw or resolution];

section 237 [minutes of committees];

section 240 [witnesses at council or committee meetings];

section 257 (1), (3), (4) and (5) [requirements for passing bylaws];

section 258 [establishment of procedures for adopting bylaws];

section 258.1 [power to amend or repeal];

section 259 [when a bylaw comes into force];

section 259.1 [exercise of powers though municipal code];

section 259.2 [evidence of bylaw];

section 259.3 [bylaws must be available for public inspection];

Division 2 of Part 6 [Challenge of Bylaws];

Division 3 of Part 6 [Enforcement of Bylaws];

Division 5 of Part 6 [Consolidation and Revision of Bylaws].

Appointment of select and standing committees

795 (1) A board may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.

(2) The chair may establish standing committees for matters the chair considers would be better dealt with by committee and may appoint persons to those committees.

(3) Subject to subsection (4), persons who are not directors may be appointed by the board to a select committee or by the chair to a standing committee.

(4) At least one member of each select and standing committee must be a director.

Division 4 — Services and Powers

General authority for services

796 (1) Subject to the specific limitations and conditions established by or under this or another Act, a regional district may operate any service that the board considers necessary or desirable for all or part of the regional district.

(2) The authority under subsection (1) includes the authority to operate a service in an area outside the regional district as well as in the regional district itself.

(3) A regional district service may be operated directly by the regional district or through another public authority, person or organization.

Consent required for services outside regional district

796.1 (1) Before establishing a service referred to in section 796 (2) [services outside regional district], the board must

(a) obtain the consent of the other affected local government in accordance with subsection (2), and

(b) after receiving that consent, obtain the approval of the Lieutenant Governor in Council.

(2) For the consent required by subsection (1) (a),

(a) if the area is in a municipality, the consent of the council of the municipality is required, and

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

(3) The Lieutenant Governor in Council may, in an approval referred to in subsection (1) (b), establish restrictions and conditions on the establishment and operation of a service in a participating area that is outside the regional district.

(4) Subject to an approval under subsection (3), if a service referred to in subsection (1) is established,

(a) the area outside the regional district must be identified as a separate participating area for the service,

(b) the provisions of this Part apply with respect to the participating area as if it were located in the regional district, and

(c) the powers, duties and functions of the regional district extend to the participating area as if it were located in the regional district.

General authorities in relation to services

796.2 (1) Section 518.1 [authority to classify, regulate, prohibit and license] applies in relation to a service under this Part, other than a regulatory service.

(2) If a regional district has established works or facilities outside the regional district for the purposes of a regional district service, the board may, by bylaw, regulate the use of the works and facilities.

(3) If a board enters into a mutual aid agreement respecting the use of equipment and personnel, that use may be undertaken inside or outside the service area.

Regulation authority in relation to previous bylaws

796.3 (1) This section applies to bylaws under this Part

(a) that were in force on the date that section 803, as it then was, was repealed by the Local Government Statutes Amendment Act, 2000, or

(b) that had received first reading before that date and were adopted within one year after that date.

(2) Subject to subsection (3), provisions in the bylaws that are the exercise of regulatory authority do not apply within a municipality unless the bylaw expressly provides this application.

(3) If, at the time referred to in subsection (1), letters patent conferred exclusive jurisdiction on a board as referred to in section 803 (1) (b) before the repeal referred to in subsection (1) of this section, the authority of the regional district under section 803 (1) (b) continues as if the section had not been repealed.

Part 15 powers equivalent to municipalities

797 (1) The following provisions of Part 15 [Municipal Services] apply to regional districts:

Division 3 [Fire Protection];

Division 4 [Health];

Division 7 [Waste and Recycling].

(2) Division 6 of Part 15 [Sewers, Drains and Drainage], other than section 549 [district municipality drainage works], applies to regional districts.

(3) Division 8 of Part 15 [Miscellaneous], other than section 552 [use of highways or municipal rights of way] as it applies to highways and section 554 [charges for cleaning and clearing highways], applies to regional districts.

Specific regulatory and other powers

797.1 (1) If a board establishes any of the following services, the indicated provisions apply in relation to the service:

(a) in relation to the numbering of buildings, section 530 (a) [special authority in relation to highways];

(b) in relation to building inspection, Part 21 [Building Regulations];

(c) in relation to animal control,

section 703 (1) (a) [keeping of certain animals],

section 704 (e) [leashing and other dog control],

section 705 [dog licences],

section 706 [compensation for injuries to livestock],

section 707 (1) [animal pounds], and

section 707.1 [dangerous dogs];

section 707 (1) [animal pounds];

(d) in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances,

section 724 [noise control],

section 725 (1) (a) to (h) and (2) [nuisances and disturbances], and

section 728 (1) (e) [fireworks];

(e) in relation to the regulation of fire alarm systems and security alarm systems, section 726;

(f) in relation to the control of the deposit and removal of soil, rock, gravel, sand and other substances of which land is composed and control of the deposit of other materials, section 723.

(2) If a board establishes a cemetery service under the Cemetery and Funeral Services Act, the board may exercise the same powers with the same limitations as a municipal council under that Act.

(3) Despite section 182 [prohibition against providing assistance to business], a regional district may operate the service of

(a) providing capital financing for services provided by a telephone, natural gas or electric power utility, or

(b) the giving of grants to an applicant for a business promotion scheme under section 651.2 [mountain resort business improvement areas].

(4) A board may, by bylaw, establish the service of the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters;

(5) If a board adopts a bylaw under subsection (4), the board has and must exercise its authority in accordance with the Waste Management Act and regulations under that Act.

General authority for fees, charges and recovery of amounts owed

797.2 (1) The following apply to regional districts in relation to their services:

section 363 [fees and charges];

section 364 [special fees and charges that are liens against property];

section 376 [fees and charges that may be collected as taxes].

(2) For the purposes of this, section 376 (3) applies to all amounts deemed to be taxes in arrear.

Referendums regarding services

797.3 (1) A board may, by bylaw, provide for a referendum in the whole or a part of one or more municipalities or electoral areas to obtain the opinion of the electors on a question regarding a service that is or that may be operated by the regional district.

(2) Section 801.2 [approval of the electors by voting] applies to a referendum under this section as if the areas in which the referendum is to be conducted were proposed participating areas.

Petition for services

797.4 (1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area.

(2) A petition referred to in subsection (1) must

(a) describe in general terms the service that is proposed,

(b) define the boundaries of the proposed service area,

(c) indicate in general terms the proposed method for recovering annual costs, and

(d) contain other information that the board may require.

(3) Section 632 [sufficiency of petition] applies to a petition under subsection (1).

(4) To be a sufficient petition for the purposes of section 632 (1), a petition

(a) must be signed by at least 2/3 of the owners of parcels liable to be charged for the proposed service, and

(b) must be signed by a sufficient number of owners of parcels liable to be charged for the proposed service that the total value of their parcels represents at least 1/2 of the net taxable value of all land and improvements within the proposed service area.

General powers equivalent to municipalities

798 The following provisions apply to regional districts:

section 247 [incidental powers];

section 248 [further powers in relation to municipal assets];

section 249 [further powers for public good];

section 302 [power to reserve land for public purpose];

section 303 [power to dedicate land for public purpose];

section 305 [effect of reservation and dedication];

section 305.1 [control of Crown land parks dedicated by subdivision];

section 305.2 [exchange of dedicated land];

section 309 [expropriation power];

section 309.1 [authority in relation to services];

section 311 [entry on land to mitigate damage];

section 312 [compensation for non-expropriation actions];

section 313 [funding for expropriation and mitigation];

section 314 [power to accept property on trust].

Emergency powers

798.1 If the powers conferred on a board are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the board may, by bylaw adopted by at least 2/3 of the votes cast, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.

Additional powers and exceptions

799 (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified regional district or a described class of regional districts:

(a) grant a power to the regional district or class, including powers conferred on a municipality by this or another enactment;

(b) provide an exception to or a modification of a requirement established by an enactment;

(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding

(i) the grant of a power under paragraph (a) or the exercise of it, or

(ii) an exception or modification under paragraph (b) or the taking of its benefit.

(2) Section 251 (2) [restrictions on additional powers and exceptions that may be granted to municipalities] applies for the purposes of subsection (1).

(3) In addition to the restrictions under section 251 (2), a regulation under this section must not

(a) confer an authority otherwise available to a regional district, including any power that may be exercised under section 798.1 [emergency powers], or

(b) do any other thing prohibited by regulation under subsection (4).

(4) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.

Division 4.1 — Establishing Bylaws

Establishing bylaws required for most services

800 (1) In order to operate a service, the board must first adopt an establishing bylaw for the service in accordance with this Division.

(2) As an exception, a bylaw under this section is not required to establish the following:

(a) general administration, other than electoral area administration;

(b) electoral area administration;

(c) undertaking feasibility studies in relation to proposed services;

(d) a service under section 4 (1) of the Hospital District Act;

(e) undertaking a referendum under section 797.3 [referendums regarding services];

(f) a service for which authority is expressly provided by another Part of this Act, other than a regulatory service;

(g) a local community commission under section 838;

(h) the giving of grants to an applicant for a business promotion scheme under section 651.2 [mountain resort business improvement areas];

(i) if the regional district board is authorized to appoint an approving officer under section 77.1 of the Land Title Act, services related to the approving officer.

Required content for establishing bylaws

800.1 (1) An establishing bylaw for a service must do the following:

(a) describe the service;

(b) define the boundaries of the service area;

(c) identify all municipalities and electoral areas that include participating areas for the service;

(d) indicate the method of cost recovery for the service, in accordance with section 803 [options for cost recovery];

(e) set the maximum amount that may be requisitioned for the service, by

(i) specifying a maximum amount,

(ii) specifying a property value tax rate that, when applied to the net taxable value of land and improvements in the service area, will yield the maximum amount, or

(iii) specifying both a maximum amount and a property value tax rate as referred to in subparagraphs (i) and (ii), in which case the maximum amount is whichever is greater at the applicable time.

(2) As an exception, the requirement of subsection (1) (e) does not apply to an establishing bylaw for the following:

(a) a regulatory service;

(b) coordination, research and analytical services relating to the development of the regional district;

(c) social planning services;

(d) the promotion of economic development;

(e) programs in preparation for emergencies;

(f) emergency communication systems;

(g) regional parks;

(h) services related to heritage conservation;

(i) participation in a regional library district under Part 3 of the Library Act.

(3) If an establishing bylaw covers more than one service, it must separately indicate the matters under subsection (1) for each service.

Special options for establishing bylaws

800.2 (1) An establishing bylaw for a service may do one or more of the following:

(a) set out the method of apportionment of costs among the participating areas, if this is to be different from the method established by section 804 (2) (a) [general apportionment rule];

(b) in relation to resolutions and bylaws respecting the administration and operation of the service, establish the method for determining the number of votes to which a director is entitled if this is to be different from that otherwise established under section 791 (4) (b) [number of votes per director in respect of administration and operation of services];

(c) if the administration and operation of the service is to be delegated to a body established by the board, provide for appointments to the body and establish voting rules for the body in relation to the service;

(c.1) provide a time period for the purposes of section 813.04 (1) (a) [minimum participation time before service review can be initiated] that is less than the period established by that provision;

(c.2) provide an alternative review process that is different than the service review process established by Division 4.5 [Dispute Resolution in Relation to Services];

(d) establish terms and conditions for withdrawal from the service;

(e) include any other provisions respecting the establishment and operation of the service that the board considers appropriate.

(2) As a limit on subsection (1) (b), each director for a participating area must be entitled to at least one vote.

(3) If a proposed establishing bylaw includes provisions referred to in subsection (1) (d), in addition to the approval of the electors required under section 801 [approval of establishing bylaws], each participant must consent to the provisions before the bylaw is submitted for approval of the electors.

(4) As an exception to subsection (1) (a), if a board chooses to adopt an establishing bylaw for a service referred to in section 800 (2) (a) to (d) [general administration, electoral area administration, feasibility studies and regional hospital district], the establishing bylaw may not set out a method of cost apportionment different from that established by section 804 (2) (a) [general apportionment rule].

Approval of establishing bylaws

801 (1) An establishing bylaw has no effect unless, before its adoption, it receives

(a) the approval of the inspector, and

(b) the approval of the electors in the participating areas for the service.

(2) Approval of the electors required by this section means whichever of the following is applicable:

(a) approval of the electors given separately for each participating area in the proposed service area;

(b) if the board passes an authorizing resolution by at least 2/3 of the votes cast, approval of the electors in the entire proposed service area.

(3) Approval of the electors required by this section may be given by

(a) assent of the electors in accordance with section 801.2 [approval by voting],

(b) if applicable, approval of the electors by counter petition opportunity in accordance with section 801.3 [approval by counter petition], or

(c) if applicable, consent given on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal electors] or 801.5 [consent on behalf of electoral area electors].

Responsibility for obtaining approval

801.1 (1) If approval of the electors is to be obtained for the entire service area,

(a) the board may choose the method,

(b) in the case of approval by counter petition opportunity, the board is responsible for obtaining the approval, and

(c) in the case of approval by assent of the electors, at the option of the board,

(i) the board is responsible for conducting the voting throughout the proposed service area, or

(ii) the board and councils are responsible for conducting the voting in the same manner as under subsection (2), with the results of the voting in these areas added together.

(2) If approval of the electors is to be obtained separately for each participating area,

(a) subject to subsection (3), for a municipal participating area, the council may choose the method and is responsible for obtaining the approval, and

(b) for an electoral participating area, the board may choose the method and is responsible for obtaining the approval.

(3) If, within 30 days after third reading of the establishing bylaw, a council

(a) has notified the regional district that it is refusing to seek approval of the electors, or

(b) fails to give any notice to the regional district with respect to how approval is to be obtained,

the board may pass a resolution under section 801 (2) (b) [approval of establishing bylaws — entire area] to have approval obtained for the entire service area in accordance with subsection (1) of this section.

(4) Despite section 40 (1) [costs of elections], if a council is authorized to give consent on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal electors] but does not exercise this authority, the municipality is responsible for the costs of obtaining the approval of the electors in the participating area.

Approval of the electors by voting

801.2 (1) Approval of the electors under this section is obtained, through assent of the electors under Part 4 [Other Voting], if

(a) in the case of approval under section 801 (2) (a) [each participating area separately], for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw, or

(b) in the case of approval under section 801 (2) (b) [entire service area], a majority of votes counted as valid is in favour of the bylaw.

(2) In the case of approval under section 801 (2) (b) [entire service area], for the purposes of determining who is entitled to vote under section 161, the voting area is deemed to be all the proposed participating areas.

Approval of electors by counter petition opportunity

801.3 (1) Approval of the electors under section 801 (2) (a) [each participating area separately] or 801 (2) (b) [entire service area] may be obtained under Division 5 of Part 4 [Other Voting — Counter Petition Opportunities] if

(a) the maximum amount that may be requisitioned for the service is the amount equivalent to 50¢ for each $1 000 of net taxable value of land and improvements included in the service area, or

(b) the bylaw relates to a service for

(i) the collection, conveyance, treatment or disposal of sewage,

(ii) the supply, treatment, conveyance, storage or distribution of water, or

(iii) the collection, removal or disposal of solid waste or recyclable material.

(2) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (1) must include

(a) a copy of the bylaw, or

(b) a synopsis of the bylaw that includes

(i) in general terms, the intent of the bylaw,

(ii) the proposed service area, and

(iii) the place where and dates and times when copies of the bylaw may be inspected.

Consent on behalf of municipal electors

801.4 (1) For a proposed municipal participating area that is all of a municipality, approval of the electors under section 801 (2) (a) [each participating area separately] may be given under this section.

(2) Approval is given under this section by the council

(a) consenting on behalf of the electors to adoption of the proposed bylaw, and

(b) notifying the board of its consent.

Consent on behalf of electoral area electors

801.5 (1) For a proposed electoral participating area, the board may authorize approval under section 801 (2) (a) [each participating area separately] to be given under this section

(a) if the board receives a sufficient petition under section 797.4 [petition for services], or

(b) in the case of an establishing bylaw for a service referred to in section 800.1 (2) [no requisition limit required], if

(i) the participating area includes all of the electoral area, and

(ii) the service can be established without borrowing.

(2) Consent under this section is given on behalf of the electors in the proposed participating area by the electoral area director consenting in writing to adoption of the bylaw.

(3) If approval under this section is authorized under subsection (1) but the director refuses to give the consent referred to in subsection (2), the board may, by a resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the proposed participating area.

(4) A director whose consent is dispensed with under subsection (3) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order

(a) that the consent of the board under subsection (3) stands,

(b) that the approval be obtained under section 801.2 [approval by voting], or

(c) that the approval be obtained under section 801.3 [approval by counter petition opportunity].

Other procedural rules

801.6 (1) If a board proposes to borrow money for the start of a service, the establishing bylaw and the loan authorization bylaw must, for the purposes of obtaining approval of the electors under this Division, be dealt with as if they were one bylaw.

(2) The regional district officer assigned responsibility under section 198 [corporate administration] must file a copy of each establishing bylaw with the inspector after it has been adopted.

Amendment or repeal of establishing bylaws

802 (1) Subject to an order under subsection (4) or (5), an establishing bylaw may be amended or repealed, at the option of the board,

(a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or

(b) with the consent of at least 2/3 of the participants.

(2) Sections 801.4 (2) [consent on behalf of municipal electors] and 801.5 (2) to (4) [consent on behalf of electoral area electors] apply to consent under subsection (1) (b) of this section.

(3) A bylaw amending or repealing an establishing bylaw has no effect unless it is approved by the inspector.

(4) The minister may order that a bylaw amending or repealing an establishing bylaw may only be adopted in accordance with the requirements applicable to the adoption of the bylaw that it repeals or amends.

(5) In addition to the requirement under subsection (1) or (4), as applicable, the minister may order that, before the bylaw is adopted, it must receive the approval of the electors

(a) in one or more specified participating areas, or in specified parts of one or more participating areas, or

(b) in the entire service area,

obtained in accordance with section 801.2 [approval by voting] or 801.3 [approval by counter petition], as specified by the minister.

(6) Section 159 (3) [minister may waive requirement for assent] does not apply to a bylaw amending or repealing an establishing bylaw.

(7) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw amending or repealing an establishing bylaw with the inspector after it has been adopted.

Changes to participating and service areas

802.1 (1) A bylaw amending an establishing bylaw may provide for changes to the boundaries of a service area, including merging 2 or more service areas.

(2) If a bylaw amending an establishing bylaw extends an existing service to a new participating area, the proposed participating area must be included as a participating area and the participant for the proposed participating area must be included as a participant for the purposes of section 802.

Amending bylaws that are needed for authority to borrow

802.2 (1) Subject to subsection (2), if

(a) a bylaw amending an establishing bylaw, or

(b) a conversion bylaw under section 774.2 (3)

is required in order to borrow money for a service, the amending or conversion bylaw and the loan authorization bylaw may, for the purposes of obtaining approval of the electors under sections 801 to 801.5, be dealt with as if they were one bylaw.

(2) The minister may order that approval of the electors to an amending or conversion bylaw referred to in subsection (1) must be obtained separately from the approval of the loan authorization bylaw.

Special provisions respecting service withdrawal

802.3 (1) If a bylaw adds, repeals or amends provisions of an establishing bylaw referred to in section 800.2 (1) (d) [terms and conditions for withdrawal], each participant must consent to the changes before the bylaw is submitted for approval in accordance with the requirements of section 802.

(2) If a bylaw repealing an establishing bylaw is submitted to the inspector for approval and the inspector is not satisfied that all participants in a service have reached agreement respecting the termination of a service, the inspector must refer the matter to the minister, who must

(a) direct the participants and the board to undertake negotiations on the matters related to terminating the service, or

 (b) if the minister is satisfied that agreement under paragraph (a) is unlikely, direct that the parties proceed to mediation or arbitration.

(3) The minister may specify the length of time that negotiations under subsection (2) (a) must continue and may extend this time period before or after it has expired.

(4) The participants and board must conduct negotiations under subsection (2) (a) in good faith, making reasonable efforts to reach an agreement that will permit resolution of the matters.

(5) If the parties have not reached agreement by the end of the time period for negotiations under subsection (2) (a), the minister must direct that the parties proceed to mediation or arbitration.

(6) For the purposes of subsections (2) (b) and (5), subject to any regulations under subsection (7),

(a) sections 813.09 to 813.19 [service withdrawal] apply as if this were a service withdrawal under Division 4.5 [Dispute Resolution in Relation to Services] of this Part, and

(b) section 813.03 [costs of process] applies as if this were a service review process under that Division.

(7) The minister may make regulations respecting mediation and arbitration under this section, including regulations providing exceptions to or modifications of a provision referred to in subsection (6) or a regulation under section 813.19.

Division 4.2 — Cost Recovery for Services

Options for cost recovery

803 (1) A regional district may recover the costs of its services by one or more of the following:

(a) property value taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];

(b) subject to subsection (2), parcel taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];

(c) fees and charges imposed under section 797.2 [general authority in relation to fees];

(d) revenues raised by other means authorized under this or another Act;

(e) revenues received by way of agreement, enterprise, gift, grant or otherwise.

(2) Parcel taxes may not be used to recover all or part of the costs of a regulatory service.

(3) In the case of a service for which an establishing bylaw is required, if all or part of the costs are to be recovered by one or more of the methods referred to in subsection (1) (a) to (c), the establishing bylaw must indicate which methods are to be used.

Costs of services

803.1 (1) All costs incurred by a regional district in relation to a service, including costs of administration attributable to the service, are part of the costs of that service.

(2) Subject to subsection (3), the amount required by a board

(a) for a payment authorized under section 287.2 [indemnification against proceedings],

(b) to satisfy a judgment or other order of a court against the regional district, or

(c) to satisfy an award or other order of an arbitrator against the regional district

is deemed to be costs of the service out of which the action arose.

(3) If the legal action or other proceeding arose from the negligence of the board, the amount is deemed to be costs of the general administration service referred to in section 800 (2) (a).

(4) If a regional district undertakes a service after conducting a feasibility study in respect of the service, the costs of that study are deemed to be costs of that service.

(5) If a referendum under section 797.3 [referendums regarding services] is limited to all or part of the service area for an existing service, the costs of the referendum are deemed to be costs of the service.

(6) For the purposes of apportionment under this Division and requisition under Division 4.3 [Requisition and Tax Collection], the costs of providing a service are deemed to be the costs that are to be recovered by means of property value taxes or parcel taxes.

Apportionment of costs

804 (1) If the establishing bylaw sets the method for apportioning the costs of providing a service, those costs must be apportioned among the participating areas in accordance with the bylaw.

(2) If the method of apportionment is not set by establishing bylaw, the costs of providing a service must be apportioned on the basis of the converted value of land and improvements in the service area as follows:

(a) if there is an establishing bylaw but it does not set out the method of apportionment, among the participating areas for the service;

(b) if there is no establishing bylaw and the method of apportionment is not otherwise set by or under this or another Act, among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;

(c) in the case of electoral area administration,

(i) subject to subparagraph (ii), among all the electoral areas, with the service area deemed to be all the electoral areas, and

(ii) if the board provides that some or all of the costs are to be apportioned among the electoral areas that the board considers benefit from the administration, those costs must be apportioned among those electoral areas, with the service area deemed to be all those electoral areas;

(d) in the case of feasibility studies in relation to proposed services, if no service is established and the board provides that the costs are to be apportioned among the electoral areas, among all the electoral areas, with the service area deemed to be all those electoral areas;

(e) in the case of services related to an approving officer, if the board is authorized to appoint the approving officer under section 77.1 of the Land Title Act, among all the electoral areas, with the service area deemed to be all those electoral areas;

(f) in the case of a service that is in relation to a regional growth strategy for an area that is less than the entire regional district, among the areas for which the regional growth strategy is initiated or adopted, with the service area being all those areas;

(g) in the case of assistance under section 176 (1) (c) [corporate powers — assistance], other than assistance under a partnering agreement referred to in section 183, at the option of the board,

(i) in accordance with paragraph (b), or

(ii) among the municipalities or electoral areas benefiting from the assistance, with the service area deemed to be all those areas;

(h) in the case of a referendum under section 797.3 [referendums regarding services] that is not limited to all or part of the service area for an existing service, among the municipalities and electoral areas in which the referendum is held, with the service area deemed to be all those areas;

(i) in the case of a local community commission under section 838, entirely from the local community, with the service area deemed to be that local community;

(j) in the case of a mountain resort business improvement area under section 651.2, entirely from that area, with the service area deemed to be the mountain resort business improvement area;

(k) in the case of services under Part 26, in accordance with section 804.1 [cost sharing for Part 26 services].

Cost sharing for Part 26 services

804.1 (1) The costs of services under Part 26 [Planning and Land Use Management] must be apportioned on the basis of the converted value of land and improvements in the service area as follows:

(a) if no municipality has entered into an agreement under subsection (2) or opted out under subsection (3), among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;

(b) subject to paragraphs (c) and (d), if one or more municipalities have opted out under subsection (3) and are no longer participants, among the electoral areas and any municipalities that have not opted out, with the service area deemed to be those areas;

(c) if one or more municipalities have entered into an agreement under subsection (2) to share only some of the costs, those costs are to be recovered in accordance with the agreements and the remaining costs are to be apportioned among the other participants;

(d) if a municipality is liable for costs under subsection (6) or (7), those costs are to be recovered from the municipality and the remaining costs are to be apportioned among the other participants.

(2) The board and a municipality may enter into an agreement that the municipality is to share in some but not all of the costs of services under Part 26, to the extent set out in the agreement and in accordance with the terms and conditions for the municipality's participation established by the agreement.

(3) Subject to subsection (4), a municipality may opt out of participation in services under Part 26 by giving notice to the board, before August 31 in any year, that until further notice it will no longer share the costs of services under Part 26.

(4) A municipality that is a party to an agreement under subsection (2) may give notice under subsection (3) only in the last year of the term of the agreement.

(5) After notice is given under subsection (3), the municipality ceases to be a participant in the services, effective at the start of the following year.

(6) As an exception to subsection (5), if a municipality that is not a party to an agreement under subsection (2) gives notice under subsection (3) after a board has passed a resolution authorizing the preparation of an official community plan or bylaw under Part 26, the municipality continues as a participant and must share the costs in that preparation until the earlier of the following:

(a) the date the plan or bylaw is adopted;

(b) 2 years after the date the resolution is passed.

(7) Subsection (6) also applies to a municipality that is a party to an agreement under subsection (2) if the official community plan or bylaw is in relation to the Part 26 services for which the municipality shares costs under the agreement.

Valuation information and apportionment adjustments

804.2 (1) As soon as practicable after the relevant information is available, the assessment commissioner must provide to the designated regional district officer and to the inspector

(a) the net taxable value of land and improvements, and

(b) the converted value of land and improvements

in each municipality, electoral area and participating area.

(2) If adjustments are made under the Assessment Act to the values referred to in subsection (1), the assessment commissioner must provide particulars to the designated regional district officer and to the inspector.

(3) If, in respect of a year,

(a) adjustments referred to in subsection (2) are made, and

(b) the share of the cost of all the services of the regional district that was apportioned to and borne by a municipality or an electoral area in that year would, had those adjustments been taken into account, have increased or decreased by more than $1 000,

the share of the cost apportioned to and borne by the municipalities and electoral areas must be adjusted in a manner directed by the minister in the next requisition after the adjustment.

Tax base for property value taxes

804.3 (1) In the case of a participating area for a service for which no establishing bylaw is required, property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.

(2) In the case of a municipal participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:

(a) the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes;

(b) the assessed value of land in the participating area, other than land exempt from taxation for municipal purposes;

(c) the assessed value of improvements in the participating area, other than improvements exempt from taxation for municipal purposes;

(d) the net taxable value of land and improvements in the participating area;

(e) the net taxable value of land in the participating area;

(f) the net taxable value of improvements in the participating area.

(3) As an exception to subsection (2), for a municipal participating area that is all or part of the City of Vancouver, property value taxes may be imposed on the basis set out in the establishing bylaw for the service.

(4) If a board fails to exercise its authority under subsection (2) or (3), property value taxes must be imposed on the basis of the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes.

(5) In the case of an electoral participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:

(a) the net taxable value of land and improvements in the participating area;

(b) the net taxable value of land in the participating area;

(c) the net taxable value of improvements in the participating area.

(6) If a board fails to exercise its authority under subsection (5), property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.

Division 4.3 — Requisition and Tax Collection

Requisition of funds from municipalities

805 (1) On or before April 10 in each year, the designated regional district officer must send to each municipality a requisition in respect of each service stating the amount required from the municipality for the service during the year.

(2) An amount requisitioned under this section is a debt due by the municipality to the regional district, and the council must pay it to the board on or before August 1 of the current year.

Collection in municipalities

805.1 (1) If a requisition is delivered to a municipality, the amount requisitioned must be collected by the municipality as follows:

(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax in accordance with Division 1 of Part 10.1 using the tax base authorized under section 804.3 [tax base for property value taxes];

(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax in accordance with Division 2 of Part 10.1.

(2) Part 10.1 [Taxes, Fees and Charges] applies for the purposes of taxation under this section.

(3) If a participating area is only part of a municipality, taxes under this section in respect of the service may only be imposed in the municipal participating area for the service.

Requisition of funds for electoral areas

806 (1) On or before April 10 in each year, the designated regional district officer must send to the inspector a requisition in respect of each service stating the amount required during the year in respect of each electoral participating area.

(2) The inspector

(a) must consider whether the amounts requisitioned are budgeted,

(b) if satisfied that an amount has not been budgeted, or has been budgeted for a purpose not within the powers of the board, may deduct that amount from the appropriate requisition, and

(c) must send the examined requisitions to the Minister of Finance and Corporate Relations.

(3) The amounts requisitioned under this section may be paid by the Minister of Finance and Corporate Relations from the consolidated revenue fund.

Collection in electoral areas

806.1 (1) If a requisition is delivered to the Minister of Finance and Corporate Relations, the amount requisitioned must be collected by the Provincial government as follows:

(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax within the electoral participating areas in accordance with the Taxation (Rural Area) Act, having due regard to the tax base authorized under section 804.3 [tax base for property value taxes];

(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the electoral participating areas, on the basis of the assessment roll under subsection (2).

(2) If a parcel tax is to be imposed under this section,

(a) the board must, by bylaw, provide for the preparation of an assessment roll for each parcel of land in the service area, and for these purposes Division 2 of Part 10.1 [Taxes, Fees and Charges — Parcel Taxes] applies,

(b) the authenticated assessment roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and

(c) the authenticated assessment roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.

(3) The Minister of Finance and Corporate Relations may direct that an amount to cover the costs and outlays of assessment and collection is to be added to and included as part of an amount to be levied and collected under this section.

(4) An amount to be recovered under this section must be imposed by the Provincial government as if it were a tax under the Taxation (Rural Area) Act, and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes imposed under this section.

Amounts to be paid over to regional district

807 (1) On or before February 1 in each year, the amount received by a municipality, or by the Surveyor of Taxes for an electoral area, by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Grants Act, 1980 (Canada) in the immediately preceding year must be paid to the board.

(2) The amount received by a municipality by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Aid Act or from a Crown corporation or agency must be paid to the board promptly after receipt.

(3) An amount paid under subsection (1) or (2) must be applied proportionately to the accounts for the services in respect of which the grant is paid.

Division 4.4 — Tax Rates and Exemptions

Variable tax rate system

808 (1) In this section, "variable tax rate system" means a system under this section by which individual tax rates for a specific taxation year are determined and imposed for each property class to which the system applies.

(2) Despite section 806.1 [collection in electoral areas] but subject to the regulations under this section, a board may, by bylaw, establish an annual variable tax rate system for a specified taxation year.

(3) A variable tax rate system

(a) may only apply to tax rates for one or more of regional district services,

(b) may only vary tax rates for property classes 2, 4 and 5, and

(c) must not result in the ratios between the tax rate for a property class referred to in paragraph (b) and the tax rate for property class 1 exceeding either

(i) the applicable ratio prescribed under subsection (6), if any, or

(ii) the applicable ratio under section 20 (2) of the Taxation (Rural Area) Act.

(4) For each service subject to a variable tax rate system, the bylaw must set out the ratio between the tax rate for each property class subject to the system and the tax rate for property class 1.

(5) A bylaw under subsection (2) must be approved by the inspector and, for this purpose, must be submitted to the inspector by January 31 in the taxation year for which it is to apply.

(6) Subject to subsection (8), the Lieutenant Governor in Council may make regulations respecting variable tax rate systems, including regulations doing one or more of the following:

(a) prescribing limits on tax rates;

(b) prescribing ratios between the tax rate for a property class and the tax rate for property class 1;

(c) prescribing formulas for calculating the limits or ratios referred to in paragraph (a) or (b).

(7) Regulations under subsection (6) may prescribe different tax limits, ratios or formulas in relation to one or more of the following:

(a) different property classes;

(b) different regional districts;

(c) different services;

(d) different service areas;

(e) different types of participating areas.

(8) A regulation under subsection (6) may not prescribe a ratio for the purposes of subsection (3) (c) that would exceed the applicable ratio established under section 20 (2) of the Taxation (Rural Area) Act.

Property tax exemptions

809 (1) Land and improvements owned or held by a regional district are exempt from taxation when used for its own purposes, but otherwise are subject to taxation, as applicable,

(a) under section 357 as if the property were owned by a municipality, or

(b) under section 18 (4) of the Taxation (Rural Area) Act as if the property belonged to the Crown.

(2) Despite subsection (1), the owner of land or improvements, or both, leased or rented to the regional district is liable for the payment of taxes that would otherwise be imposed with respect to that property under any Act.

(3) On or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, exempt the property described in subsection (4) from taxation under this Part for

(a) the next calendar year, or

(b) with the assent of the electors, a specified period not longer than 10 years.

(4) The following property that is in an electoral area may be exempted from taxation under subsection (3):

(a) land or improvements, or both, owned or held by, or held in trust by the owner for, an athletic or service organization and used principally for public athletic or recreation purposes;

(b) land or improvements, or both, used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall that the board considers necessary to the church;

(c) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a board of school trustees;

(d) land that is owned and used exclusively by an agricultural or horticultural society and that is in excess of the area exemption under section 15 (1) (j) of the Taxation (Rural Area) Act;

(e) an interest held by a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees;

(f) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a francophone education authority.

(5) An exemption under subsection (3) may be limited to a specified portion of the net taxable value of the property to which the exemption applies.

(6) If, because of a change in the use or ownership of property exempted from taxation by bylaw under subsection (3), the property no longer meets the requirements for exemption established by subsection (4), the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.

(7) Assent of the electors as required by subsection (3) (b) is obtained if, by voting conducted throughout the regional district, a majority of the votes counted as valid in all voting on the bylaw is in favour of the bylaw.

(8) Part 4 applies to voting for the purposes of subsection (7), with voting to be conducted either, at the option of the board,

(a) by the board throughout the regional district, or

(b) by the council of each municipality and by the board for that part of the regional district that is not in a municipality, with the results of voting in these areas totalled to determine whether assent has been obtained.

Exemptions for heritage properties

810 (1) In this section and section 810.1, "eligible heritage property" means property in an electoral area that is

(a) protected heritage property,

(b) subject to a heritage revitalization agreement under section 966, or

(c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.

(2) Despite section 182 [prohibition against assistance to business] but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt from taxation under this Part all or part of

(i) the eligible heritage property, and

(ii) if the eligible heritage property is a building or other improvement so affixed to the land as to constitute real property, an area of land surrounding the eligible heritage property;

(b) limit an exemption under paragraph (a) to a specified portion of the net taxable value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not longer than 10 years.

(4) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (3) (b) of this section must

(a) identify the eligible heritage property that would be subject to the bylaw, and

(b) describe the exemption that would be made for the eligible heritage property.

(5) Within 30 days after adopting a bylaw under this section, the board must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with section 977.

Repayment requirement in relation to heritage exemptions

810.1 (1) A bylaw under section 810 may provide that, if any of the following circumstances as specified in the bylaw occurs, the board may require the owner of the eligible heritage property at that time to pay to the regional district the amount calculated under subsection (2):

(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;

(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;

(c) if any other circumstances specified in the bylaw occur.

(2) The amount that may be required under subsection (1) is the amount equivalent to

(a) the total taxes exempted under the bylaw under section 810

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 379 [taxes in arrear].

(3) A bylaw under section 810 that includes a provision under subsection (1) may only be adopted with the consent of the current owner of the eligible heritage property to which the bylaw applies.

(4) If a bylaw under section 810 includes a provision under subsection (1), within 30 days after the bylaw is adopted, the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 [notice on land titles] applies.

(5) If a bylaw under section 810 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).

(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may

(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible heritage property, in which case section 376 (2) (b), (3) and (4) [special fees and charges that are to be collected as taxes] applies, or

(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.

Exemptions for riparian property

811 (1) In this section and section 811.1:

"eligible riparian property" means property that meets all the following requirements:

(a) the property must be riparian land;

(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;

(c) the regional district granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;

(d) any other requirements prescribed under subsection (6);

"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of

(a) the area of the eligible riparian property that is exempted under subsection (2) (a)

to

(b) the area of the parcel of land in relation to which the exemption is made.

(2) Despite section 182 [prohibition against assistance to business] but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible riparian property from taxation under this Part;

(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.

(4) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.

(5) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (4) (b) of this section must

(a) identify the eligible riparian property that would be subject to the bylaw, and

(b) describe the exemption that would be made for the eligible riparian property.

(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.

Repayment requirement in relation to riparian exemptions

811.1 (1) A bylaw under section 811 may provide that, if

(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,

(b) the covenant is discharged before the end of the period of the exemption, or

(c) any other circumstances specified in the bylaw occur,

the board may require the owner of the eligible riparian property at that time to pay to the regional district the amount referred to in subsection (2).

(2) The amount that may be required under subsection (1) is the amount equivalent to

(a) the total taxes exempted under the bylaw under section 811

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 379 [taxes in arrear].

(3) A bylaw under section 811 that includes a provision under subsection (1) may only be adopted with the consent of the owner of the eligible riparian property to which the bylaw applies.

(4) If a bylaw under section 811 includes a provision under subsection (1), within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 [notice on land titles] applies.

(5) If a bylaw under section 811 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).

(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may

(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible riparian property, in which case section 376 (2) (b), (3) and (4) [special fees and charges that are to be collected as taxes] applies, or

(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.

Tax exemptions under a partnering agreement

812 (1) A board may, by bylaw, exempt from taxation under this Part, all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the regional district, during all or part of the term of the agreement.

(2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose.

(3) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for a period that by exercising rights of renewal or extension could exceed 5 years, then the board must provide a counter petition opportunity in relation to the proposed bylaw.

(4) An exemption under this section takes effect as follows:

(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year;

(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year.

(5) If, because of a change in the use or ownership of property exempted from taxation by bylaw under this section the property no longer meets the requirements for exemption, the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.

Division 4.5 – Dispute Resolution in Relation to Services

Definitions

813 For the purposes of this Division:

"final resolution" means the establishment of the terms and conditions for withdrawal from a service by an arbitrator’s decision under section 813.13 [arbitration process] or 813.15 [direction to further arbitration in certain cases];

"initiating participant" means a participant who gave notice under section 813.04 [initiating a service review] or 813.08 [initiating service withdrawal], as applicable;

"notice of withdrawal" means notice under section 813.14 (1) (d) (i) [initiating participant decision to proceed with withdrawal];

"service review" means a review of participation in one or more services in accordance with the process under sections 813.04 to 813.07;

"service withdrawal" means proposed withdrawal from participation in one or more services in accordance with the process under sections 813.08 to 813.19.

Minister may appoint facilitators

813.01 (1) The minister may appoint facilitators for the purposes of this Division, whose responsibilities are to monitor service reviews and service withdrawals, and to assist the parties in reaching agreement in those processes, by

(a) facilitating negotiations,

(b) facilitating resolution of issues, and

(c) assisting in setting up and using mediation or other non-binding resolution processes.

(2) On receiving a notice under section 813.04 [initiating a service review] or 813.08 [initiating service withdrawal], the minister may designate a person appointed under subsection (1) as the facilitator responsible to assist the parties in relation to the matter.

(3) Subject to subsection (4), at any time during a service review or service withdrawal, the facilitator designated under subsection (2) is to provide the assistance described in subsection (1) if requested to do so by a party.

(4) The authority for the facilitator to provide assistance in relation to a service withdrawal ends at the time an arbitration referred to in section 813.13 begins.

(5) Once a facilitator becomes involved under this section, the parties must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.

Parties to a service review or service withdrawal

813.02 (1) The parties to a service review or service withdrawal are

(a) the initiating participant,

(b) any other participant in the service, and

(c) the board.

(2) The representatives for the parties to a service review or service withdrawal are the following:

(a) in the case of a municipal participating area,

(i) a council member appointed by the council, or

(ii) if no appointment is made, the mayor;

(b) in the case of an electoral participating area, the director of the electoral area;

(c) in the case of the board,

(i) a director appointed by the board, or

(ii) if no appointment is made, the chair.

(3) The board and any municipal participant may make an appointment referred to in subsection (2) and, if this is done, must notify the other parties as to the person who is to be their representative in the service review or service withdrawal.

Costs of service review or service withdrawal

813.03 (1) Costs incurred by a party in respect of their own participation in a service review or service withdrawal may only be recovered as follows:

(a) in the case of costs incurred by a municipal participant, the costs must be recovered from the municipal participating area on the same basis as other costs of the service are recovered from that participating area;

(b) in the case of costs incurred by an electoral area participant, the costs are deemed to be costs of the service and must be recovered from the participating area on the same basis as other costs of the service are recovered from that participating area;

(c) in the case of costs incurred by the board, the costs are deemed to be costs of the service and must be apportioned and recovered from the service area on the same basis as other costs of the service.

(2) Unless otherwise agreed by the parties to a service review or service withdrawal or, in the case of arbitration, unless otherwise directed by the arbitrator,

(a) the fees of any mediator or arbitrator engaged to conduct or participate in the process, other than the fees of a facilitator under section 813.01 [minister may appoint facilitators],

(b) the administrative costs of the process, other than costs incurred by the parties in respect of their own participation in the process, and

(c) any other costs with respect to the service review or service withdrawal that are not costs referred to in subsection (1)

are deemed to be costs of the service and must be recovered in accordance with subsection (3).

(3) The costs to be recovered under subsection (2) must be assigned, apportioned and recovered as follows:

(a) in the case of a service review that dealt with only one service, the costs must be apportioned between and recovered from the participating areas on the same basis as other costs of the service;

(b) in the case of a service review that dealt with more than one service, the costs must be

(i) assigned proportionately between the services under review at the time those costs were incurred, on the basis of the relative expenditures provided for the services in the previous year’s budget, and

(ii) for each service, apportioned and recovered in accordance with paragraph (a);

(c) in the case of a service withdrawal that dealt with only one service, subject to a regulation under subsection (4), the costs must be

(i) assigned proportionally between the service area and the participating area for the initiating participant, on the basis of the converted value of land and improvements in those areas,

(ii) for costs assigned to the service area, apportioned and recovered in accordance with paragraph (a), and

(iii) for costs assigned to the initiating participant, recovered on the same basis that other costs of the service are recovered from the participating area;

(d) in the case of a service withdrawal that dealt with more than one service, subject to a regulation under subsection (4), the costs must be

(i) assigned proportionately between the services under review at the time those costs were incurred, on the basis of the relative expenditures provided for the services in the previous year’s budget, and

(ii) for each service, assigned, apportioned and recovered in accordance with paragraph (c).

(4) The Lieutenant Governor in Council may make regulations providing how costs are to be assigned under subsection (3) (c) and (d) in cases where there is more than one initiating participant.

Initiating a service review

813.04 (1) A participant may initiate a service review under this Division if all the following circumstances apply:

(a) the participant has been a participant in the service for at least 5 years or, if applicable, the shorter time period provided in the establishing bylaw for the service;

(b) the service has not been subject to a service review that was initiated within the past 3 years;

(c) the establishing bylaw does not include provisions under section 800.2 (1) (c.2) establishing an alternative review process;

(d) the participant considers that the terms and conditions of participation in the service are not satisfactory.

(2) To initiate a service review, a participant must give written notice to the board, all other participants in the service and the minister.

(3) The notice under subsection (2) must

(a) describe the terms and conditions of participation in the service that the participant finds unsatisfactory,

(b) give reasons, relating to those terms and conditions, as to why the participant wishes to initiate the service review, and

(c) describe how the participant has previously attempted to resolve the issues.

(4) A participant who wishes to initiate service reviews for more than one service must give separate notice under this section for each service.

(5) In the case of a service review in relation to the exercise of authority under supplementary letters patent, the minister may determine what is to be considered a separate service under that authority for the purposes of this Division.

Other issues and services may be dealt with in one service review

813.05 (1) The following issues may be addressed by a service review:

(a) the issues raised by the notice under section 813.04 [initiating a service review];

(b) any other issue respecting the service raised by a party at a preliminary meeting under section 813.06 [preliminary meeting];

(c) if the other parties agree, an issue respecting the service raised by a party after the preliminary meeting.

(2) In addition to the issues under subsection (1), if

(a) at the same time or after the service review is initiated, another service review is initiated by notice under section 813.04 [initiating a service review] in respect of the same or another service,

(b) the other parties to the initial service review agree, and

(c) if applicable, any participants in the other service who are not parties to the initial service review also agree,

the service reviews may be combined and dealt with in the same service review.

Preliminary meeting

813.06 (1) Within 120 days after receiving a notice under section 813.04 [initiating a service review], the board must arrange a preliminary meeting of all party representatives for the purpose of

(a) reviewing the terms and conditions of the service, and

(b) establishing a negotiation process for addressing

(i) the issues raised in the notice, and

(ii) any other issues raised by a party during the meeting,

with a view to reaching an agreement on the negotiation process and the issues to be addressed in the negotiations.

(2) If a facilitator has been designated under section 813.01 [minister may appoint facilitator], the board must give notice of the preliminary meeting to the facilitator.

(3) The requirement for a meeting under subsection (1) does not apply to a service review that is combined under section 813.05 with another service review that was previously initiated.

Negotiations to resolve issues

813.07 (1) Within 60 days after the preliminary meeting under section 813.06 [preliminary meeting] was convened, or the first such meeting was convened if there is more than one, the parties must begin negotiations for the purpose of reaching agreement on the relevant issues.

(2) All parties must negotiate in good faith, making reasonable efforts to reach an agreement respecting the issues being addressed in the service review.

Initiating service withdrawal

813.08 (1) A participant may initiate service withdrawal if all the following circumstances apply:

(a) the service has been subject to

(i) a service review that was initiated within the past 3 years, or

(ii) an alternative review process in accordance with establishing bylaw provisions under section 800.2 (1) (c.2) that was started within the past 3 years;

(b) the first meeting respecting the review, which in the case of a service review is the first preliminary meeting under section 813.06 [preliminary meeting], was convened more than 8 months ago;

(c) the service is not

(i) a service referred to in section 800 (2) [services for which no establishing bylaw required],

(ii) a regulatory service, or

(iii) a service prescribed under subsection (5).

(2) A participant may initiate service withdrawal under this Division even if the establishing bylaw provides terms and conditions for withdrawal under section 800.2 (1) (d).

(3) To initiate service withdrawal, a participant must give written notice to the board, all other participants in the service and the minister.

(4) The notice under subsection (3) must

(a) describe the terms and conditions of participation in the service that the participant finds unsatisfactory, and

(b) give reasons, relating to those terms and conditions, as to why the participant wishes to withdraw from the service.

(5) The Lieutenant Governor in Council may make regulations excluding services from withdrawal under this Division.

(6) Regulations under subsection (5) may be different for different regional districts and different circumstances.

Minister’s direction on process

813.09 (1) After receiving a notice under section 813.08 [initiating service withdrawal], unless the matter is to be dealt with in another service withdrawal under section 813.10, the minister must do one of the following:

(a) if the establishing bylaw provides an alternative review process and the minister considers that agreement may be reached by a service review under this Division, terminate the service withdrawal and direct the parties to engage in a service review;

(b) direct the parties to engage in further negotiations, specifying a time period within which the parties must conclude negotiations;

(c) direct the parties to engage in mediation under section 813.12 [mediation], specifying a time period within which the mediation must be concluded;

(d) if satisfied that agreement is unlikely under paragraph (a), (b) or (c), direct that the terms and conditions for withdrawal from the service be resolved by arbitration under section 813.13 [arbitration].

(2) The minister may extend a time period established under subsection (1) (b) or (c) before or after it has expired.

(3) If no agreement is reached from negotiations under subsection (1) (b) within the applicable time period, the minister must direct the parties to engage in mediation or arbitration in accordance with subsection (1) (c) or (d).

Addition of further initiating participants or further services

813.10 (1) If, at the same time or after a service withdrawal is initiated, the minister receives another notice under section 813.08 [initiating service withdrawal] respecting the same or any other service of the same regional district,

(a) in the case of a service withdrawal that is in negotiation under section 813.09 (1) (b) or mediation under section 813.12, the minister may direct that the matter be dealt with as part of the initial service withdrawal, and

(b) in the case of a service withdrawal that is in arbitration under section 813.13, the minister must refer the matter to the arbitrator who may direct that it be dealt with as part of the initial service withdrawal.

(2) Before making a direction under subsection (1), the minister or arbitrator must consult with

(a) the parties in the initial service withdrawal,

(b) if applicable, the mediator, and

(c) if applicable, any participants in the other service who are not parties to the initial service withdrawal.

Early termination of process

813.11 A service withdrawal may be ended at any stage of the process

(a) by agreement between the parties,

(b) if there is only one notice under section 813.08 [initiating service withdrawal] in respect of the process, at the option of the initiating participant, or

(c) if there is more than one notice under section 813.08 [initiating service withdrawal] in respect of the process, by agreement between the initiating participants.

Mediation

813.12 (1) If mediation is directed under section 813.09 (1) (c) [minister’s direction on process], the mediator must be selected

(a) by agreement between the parties, or

(b) if the minister considers that the parties will not be able to reach agreement, by the minister.

(2) The mediation is to be a process of negotiation by the parties, undertaken with the assistance of a neutral and impartial person, for the purpose of reaching a mutually acceptable resolution of the relevant issues.

(3) The mediator must give notice to the minister when the mediation is concluded.

(4) Subject to subsection (5), if agreement on the terms and conditions for withdrawal is not reached during the mediation or within 60 days after the mediation is concluded, the terms and conditions for withdrawing from the service must be resolved by arbitration under section 813.13 [arbitration].

(5) The minister may extend the time period under subsection (4) before or after it has expired.

Arbitration

813.13 (1) If agreement in relation to service withdrawal cannot otherwise be reached under this Division, the terms and conditions for withdrawal must be resolved before a single arbitrator by

(a) final proposal arbitration in accordance with subsection (4), or

(b) full arbitration in accordance with subsection (5).

(2) The choice of process under subsection (1) (a) or (b) is to be determined by agreement between the parties but, if the minister considers that they will not be able to reach agreement, the minister must direct which procedure is to be used.

(3) The arbitrator is to be selected from a list prepared by the minister in consultation with the Union of British Columbia Municipalities, and is to be selected

(a) by agreement between the parties, or

(b) if the minister considers that the parties will not be able to reach agreement, by the minister.

(4) Subject to any regulations under section 813.19, the following apply to final proposal arbitration under this section:

(a) the arbitrator must conduct the proceedings on the basis of a review of written documents and written submissions only, and must determine each disputed issue by selecting one of the final written proposals submitted by the parties respecting that issue;

(b) in making a determination under paragraph (a), the arbitrator must consider any terms and conditions established under section 800.2 (1) (d) [establishing bylaw provisions respecting withdrawal];

(c) the terms and conditions for service withdrawal must be resolved by the arbitrator after incorporation of the final proposals selected under paragraph (a) in respect of each issue;

(d) no written reasons are to be provided by the arbitrator.

(5) Subject to any regulations under section 813.19, the following apply to full arbitration under this section:

(a) the arbitrator may conduct the proceedings at the times and in the manner he or she determines;

(b) the arbitrator must consider any terms and conditions referred to in section 800.2 (1) (d) [establishing bylaw provisions respecting withdrawal];

(c) the terms and conditions for service withdrawal must be resolved by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues;

(d) for an arbitration involving more than one initiating participant, the final resolution may establish different terms and conditions for service withdrawal depending on which participants decide to withdraw under the final resolution;

(e) the arbitrator must give written reasons for the decision.

(6) The Commercial Arbitration Act does not apply to arbitration under this Division.

Initiating participant must respond to final resolution

813.14 (1) Within one year after final resolution under section 813.13 [arbitration] or a longer time established under subsection (2) of this section, each initiating participant must do one of the following and must notify the minister and board as to whichever applies:

(a) agree to continue as a participant on the current terms and conditions;

(b) agree with the board and the other participants on new terms and conditions for continued participation in the service;

(c) agree with the board and the other participants on terms and conditions for withdrawal that differ from the final resolution;

(d) seek approval of the electors regarding withdrawal from the service in accordance with the final resolution and, as applicable,

(i) if that approval is obtained and the participant decides to proceed with withdrawal, agree to withdraw from the service in accordance with the final resolution, or

(ii) if that approval is not obtained, or the approval is obtained but the participant decides not to proceed with withdrawal, agree to continue as a participant on the current terms and conditions.

(2) The minister may extend the time period under subsection (1) before or after it has expired.

(3) If the board and the participants do not adopt the bylaws and take the other actions required to implement an agreement referred to in subsection (1) (b) or (c) within the applicable time period under subsection (1), the initiating participant is deemed to have given notice of continuation under subsection (1) (a) unless it has given notice of withdrawal before the end of that period.

(4) Approval of the electors under subsection (1) (d) is obtained by one of the following:

(a) assent of the electors in the participating area in accordance with section 801.2 [approval by voting];

(b) in the case of a service referred to in section 801.3 (1) [approval by counter petition], approval of the electors in the participating area by counter petition opportunity in accordance with that section;

(c) in the case of a municipal participating area that is all of the municipality, consent given on behalf of the electors in accordance with section 801.4 (2) [consent on behalf of municipal electors].

(5) If the service withdrawal is related to more than one service,

(a) approval must be sought in respect of all services considered together, which are deemed to be a single matter requiring approval,

(b) approval under subsection (4) (b) may only be used if each of the services are services referred to in section 801.3 (1) (a) or (b) [approval by counter petition], and

(c) approval under subsection (4) (c) may only be used if the municipal participating area for each of the services is all of the municipality.

Direction to further arbitration in certain cases

813.15 (1) The minister must direct that a new arbitration under section 813.13 [arbitration] be undertaken, if

(a) a service withdrawal involved more than one initiating participant,

(b) only some of the initiating participants give notice of withdrawal, and

(c) the final resolution does not include applicable provisions under section 813.13 (5) (d) [arbitration – separate terms and conditions].

(2) For the purposes of arbitration under subsection (1), the participants who gave the notice of withdrawal are deemed to be the initiating participants.

When final resolution becomes binding

813.16 A final resolution becomes binding on all parties as follows:

(a) in the case of a service withdrawal involving only one initiating participant, if the initiating participant gives notice of withdrawal, the final resolution becomes binding when that notice is given;

(b) in the case of a service withdrawal involving more than one initiating participant, if all initiating participants give notice of withdrawal, the final resolution becomes binding when the last of these notices is given;

(c) in the case of a service withdrawal involving more than one initiating participant, if

(i) one or more initiating participants give notice of withdrawal, and

(ii) the final resolution includes applicable provisions under section 813.13 (5) (d) [arbitration – separate terms and conditions],

the applicable provisions of the final resolution become binding when all of the initiating participants have given notice under section 813.14 (1) (a) or (d) or at the end of the time period under that section, whichever is earlier.

Implementation of final resolution by bylaw

813.17 (1) The board and the participants must adopt the bylaws and take the other actions required to implement the terms and conditions of a final resolution within 90 days after it becomes binding under section 813.16 [when arbitrator’s decision becomes binding].

(2) Despite any other provision of this Act, approval of the electors is not required for a bylaw referred to in subsection (1).

(3) The minister may extend the time period under subsection (1) before or after it has expired.

Failure to adopt required bylaws

813.18 (1) If the board or a municipal participant does not adopt the bylaws required under section 813.17 [implementation by bylaw], on the recommendation of the minister, the Lieutenant Governor in Council may, by order, implement the terms and conditions of the final resolution.

(2) An order under subsection (1) is deemed to be a bylaw of the applicable local government.

Regulations respecting arbitrations

813.19 (1) The minister may make regulations respecting arbitrations under this Division and, without limiting this, may make regulations as follows:

(a) respecting matters that an arbitrator must or may consider;

(b) respecting the authority of an arbitrator to resolve the terms and conditions for withdrawing from a regional district service;

(c) respecting the authority of an arbitrator to require the cooperation of local governments and electoral area directors in relation to the arbitration.

(2) Regulations under this section may be different for final proposal arbitration, full arbitration and arbitration directed under section 813.15 [direction to further arbitration in certain cases].

Division 5 — Financial Operations

Accounting

814 (1) The regional district officer assigned responsibility under section 199 [financial administration] must keep separate financial records for each service performed in the regional district that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details.

(2) [Repealed 2000-7-108.]

(3) A deficit that is incurred in providing a service must be carried forward as an expenditure against that service in the next year.

(4) to (6) [Repealed 2000-7-108.]

(7) The following apply to regional districts:

section 336 [investment of funds];

Division 2 of Part 9 [Financial Reporting];

Division 3 of Part 9 [Audit];

Division 5 of Part 9 [Restrictions on Use of Municipal Funds].

Sections Repealed

815 to 818 [Repealed 2000-7-109.]

Annual budget

819 (1) A board must direct the preparation of a provisional budget for the next year and must, by bylaw, adopt the provisional budget, as prepared or as altered by the board, before December 31.

(2) A board may amend a provisional budget at any time after its adoption and before adoption of the annual budget.

(3) The designated regional district officer must mail a copy of the provisional budget to each municipality and to the inspector.

(3.1) The provisional budget remains in effect until the annual budget is adopted.

(4) A board must, by bylaw, adopt the annual budget for the current year on or before March 31.

(5) The designated regional district officer must forward to each municipality a copy of the annual budget as adopted.

(6) A bylaw adopting the annual budget has no effect until a copy of the bylaw, signed by the chair of the meeting at which it was adopted and certified to be a true copy by the regional district officer assigned responsibility under section 198 [corporate administration], is registered with the inspector.

(7) The annual budget or a provisional budget must

(a) set out the anticipated expenditure for each service,

(b) show separately revenues obtained from requisitions and other sources, and

(c) show appropriated surpluses of previous years.

(8) The limit of the budgeted expenditure for a service is the budgeted revenue for the service.

(9) If section 800.1 (1) (e) [requisition limits in establishing bylaw] applies in relation to a service, the budgeted revenue to be obtained by requisition for a service must not exceed the maximum amount set under that section.

(10) The limit of the budgeted expenditure for providing assistance under section 804 (2) (g) [apportionment — assistance other than under partnering agreement] is the amount that would be obtained by a tax of 10¢ per $1 000 on the net taxable value of land and improvements in the regional district.

(11) Before the annual budget is adopted, it is not lawful to make an expenditure unless the expenditure is authorized by the provisional budget.

(12) An expenditure not provided for in the annual budget is not lawful.

Capital expenditure program

819.1 (1) On or before March 31 in each year, a board must, by bylaw, adopt a capital expenditure program for a period of at least 5 years.

(2) The capital expenditure program under subsection (1) must show estimates of the proposed source and application of funds for capital purposes for each year of the program.

(3) An adopted capital expenditure program, including amendments, remains in force until a new program is adopted in the following year.

Sections Repealed

820 and 821 [Repealed 2000-7-111.]

822 to 825 [Repealed 2000-7-112.]

Special funds

826 (1) Part 13, other than sections 498 and 500, applies to a regional district in the manner provided by subsection (2).

(2) The provisions of Part 13 relating to special funds as they apply to a service apply as though each service were the only service provided by the regional district, and all accounting and other matters pertaining to a special fund must be kept separate for each service that is provided.

Section Repealed

827 [Repealed 2000-7-113.]

Liabilities beyond the current year

828 (1) As a limitation on section 176 [corporate powers], a board must not incur a liability beyond the amount of revenue of the regional district for the current year except as provided in this Part.

(2) A board may, under an agreement, incur a liability payable after the end of the current year if

(a) the liability is not a debenture debt, and

(b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement.

(3) If an agreement under subsection (2) is

(a) for more than 5 years, or

(b) for a period that by exercising rights of renewal or extension could exceed 5 years,

the board must not incur the liability until it has provided a counter petition opportunity in relation to the proposed liability in the service area or service areas in respect of which the liability is incurred.

(4) For the purposes of subsection (3), the notice under section 809 (3) [assent of electors by counter petition] must also include the nature, term and amount of the liability.

Revenue anticipation borrowing

829 (1) A board may, by bylaw, provide for the borrowing of money that may be required to meet its current expenditures before its revenue, from all sources, to pay for those expenditures has been received.

(2) Money borrowed under this section must be repaid when the anticipated revenue with respect to which the borrowing was authorized is received.

Short term capital borrowing

830 (1) For a purpose of a capital nature related to the provision of general administration services under section 797 (1) (a), a board may, by bylaw without the assent of the electors, contract a debt by borrowing.

(2) At any time, the total outstanding debt authorized by subsection (1) must not exceed an amount equal to the sum of $50 000 plus the product of $2 multiplied by the population of the regional district.

(3) For the purposes of subsection (2), the population of the regional district is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known.

(4) Securities under a bylaw under subsection (1) must be issued in the same calendar year as that in which the bylaw is adopted.

(5) A debt contracted under subsection (1) and securities for it must be payable no later than 5 years after the date on which the securities were issued or the reasonable life expectancy of the work for which the debt is contracted, whichever is less.

(6) Securities issued under subsection (1) are deemed to be a debenture debt of the regional district.

(7) A bylaw under subsection (1) must provide that an amount be imposed in each year during the currency of the securities sufficient to pay interest and repay principal due in that year.

(8) A bylaw under subsection (1) must not be adopted until the inspector approves

(a) the capital purpose,

(b) the bylaw,

(c) the terms of repayment of the debt, and

(d) the nature and form of securities to be issued for it.

(9) A debt under this section must be included in the capital expenditure program bylaw prepared under section 819.1.

Loan authorization bylaws

831 (1) A board may, by a loan authorization bylaw, borrow money for capital purposes within its powers or for other purposes for which borrowing is authorized by this Act.

(1.01) A board may, by a loan authorization bylaw, borrow money or incur an obligation for the purpose of providing assistance within the meaning of section 181 [definition of assistance] by

(a) lending to any person or public authority to which the regional district may provide assistance under Part 5 [Corporate Powers], or

(b) guaranteeing repayment of borrowing, or providing security for the borrowing, of a person or public authority referred to in paragraph (a),

but only if the assistance is provided under an agreement.

(1.1) The power to adopt a loan authorization bylaw may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw under section 280.3.

(2) The provisions of sections 807 to 812, as they apply to an establishing bylaw for a local service, apply to a loan authorization bylaw in respect of a local service.

(3) The provisions of sections 807 to 812, as they apply to an establishing bylaw for an extended service, apply to a loan authorization bylaw in respect of an extended service.

(4) The provisions of sections 807 to 812, as they apply to an establishing bylaw for an extended service, apply to a loan authorization bylaw in respect of a general service.

(4.1) As an exception to subsections (2) to (4), if the provisions of sections 807 to 812 require the assent of the electors to a bylaw under this section, then that assent may be given through a counter petition opportunity.

(5) A loan authorization bylaw may be amended or repealed by bylaw adopted

(a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or

(b) if the minister approves, with the consent of at least 2/3 of the participants.

(6) Despite subsection (5) (b), if an electoral area director refuses to give the consent referred to in that subsection, the board may, by resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the participating area.

(7) A director whose consent is dispensed with under subsection (6) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order that

(a) the consent of the board under subsection (6) stands, or

(b) the assent of the electors within the participating area represented by that director be obtained in accordance with section 808 (1).

(8) A bylaw under this section has no effect unless it is approved by the inspector.

(9) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw under this section with the inspector after it has been adopted.

(10) If approval is required under this or any other Act respecting a loan authorization bylaw, the bylaw must not be adopted or submitted for assent of the electors until that approval is obtained.

(11) The authority to borrow under a loan authorization bylaw ends 5 years from the date on which the bylaw was adopted and, after that date, the regional district may only, in accordance with the bylaw and this Act,

(a) adopt a security issuing bylaw respecting the outstanding debt created under the authority of the bylaw as the debt exists at that date, or

(b) enter into other borrowing contracts respecting that debt.

(11.1) As an exception to subsection (11), a loan authorization bylaw under subsection (1.01) expires at the end of the term of the agreement required by that subsection and after that date the regional district may only, in accordance with the bylaw and this Act,

(a) adopt a security issuing bylaw respecting the outstanding debt created under the authority of the bylaw as the debt exists at that date, or

(b) enter into other borrowing contracts respecting that debt.

(12) A loan authorization bylaw must state the maximum term for which the securities in respect of the borrowing that it authorizes may be issued.

(13) A debt under subsection (1) must be included in the capital expenditure program bylaw prepared under section 819.1 [provisions applicable to capital expenditure program].

(14) The maximum term of a debt that may be authorized by a bylaw under subsection (1) is the lesser of

(a) 30 years, and

(b) the reasonable life expectancy of the work for which the debt is contracted.

(15) The maximum term of a debt or obligation that may be authorized by a bylaw under subsection (1.01) is the remaining term of the agreement under which the assistance is provided.

Borrowing to cover judgments and awards in legal proceedings

831.1 (1) A board may, by loan authorization bylaw adopted without the assent of the electors but with the approval of the inspector, borrow money required for one or more of the following:

(a) to comply with an order or requirement to pay money into the Supreme Court as security

(i) for payment of a judgment or other debt,

(ii) for damages or costs, or

(iii) for the costs of an appeal from the decision of a court or an arbitrator;

(b) to satisfy a judgment or other order of a court against the regional district;

(c) to satisfy an award resulting from an arbitrator's determination of liability or quantum of damages against the regional district, including orders of the arbitrator relating to the determination.

(2) [Repealed 1998-34-184.]

Information that must be stated in borrowing bylaw

832 A short term capital borrowing bylaw under section 830 or a loan authorization bylaw under section 831 or 831.1 must state the following:

(a) the service and, in reasonable detail, the purpose for which the debt is intended to be created;

(b) the amount of debt intended to be created;

(c) the amount of existing outstanding debenture debt of the regional district authorized

(i) under sections 830, 831 and 831.1, and

(ii) under section 835;

(d) the amount of debenture debt that is authorized but is not issued

(i) under sections 830, 831 and 831.1, and

(ii) under section 835;

(e) the amount, if any, of principal or interest that is then in arrears on debt created

(i) under sections 830, 831 and 831.1, and

(ii) under section 835.

Security issuing bylaw

833 (1) A board may, by a security issuing bylaw adopted with the approval of the inspector, provide for the issue of securities under the authority contained in one or more loan authorization bylaws, or for some part of the amount authorized in those bylaws.

(2) A security issuing bylaw must specify the loan authorization bylaw that authorizes the borrowing and must state the following:

(a) the amount that the loan authorization bylaw authorizes the board to borrow;

(b) the amount that has already been borrowed under the authority of that loan authorization bylaw;

(c) the difference between the amounts referred to in paragraphs (a) and (b), that is, the balance of the amount that may still be borrowed under that loan authorization bylaw;

(d) the amount of that balance that is being borrowed by the issue of security authorized by the bylaw under this section.

(3) A security issuing bylaw must provide that a sum is to be requisitioned under sections 822 and 823 in each year in an amount sufficient

(a) to meet the annual payment of interest and principal,

(b) to meet any known or anticipated deficiency in the amounts raised or to be raised by any charge, rate or tax for the annual payment of interest and principal, or

(c) to meet any known or anticipated deficiency in the revenue derived from the services for which the debt is created for the annual payment of interest and principal.

(4) A security issuing bylaw may include borrowing under section 835.

Provisions applicable to loan and security bylaws

834 The following apply for the purposes of this Division:

section 335.2 [temporary borrowing under loan authorization bylaw];

section 335.3 (3) and (4) [security issuing bylaws];

section 335.5 [appeal from inspector's decision];

Division 5 of Part 9 [Restrictions on Use of Municipal Funds].

Financing municipal undertakings

835 (1) A regional district may finance, at the request and sole cost of a municipality, an undertaking for which the council of the municipality has adopted a security issuing bylaw in accordance with this Act or, in the case of the City of Vancouver, for which the council has passed a bylaw or resolution authorizing the borrowing of money under the Vancouver Charter.

(2) For the purpose of this financing, the board may adopt a security issuing bylaw without adopting a loan authorization bylaw, and the bylaw must state, as its authorization, the bylaw or resolution referred to in subsection (1).

(3) The municipality must provide for and pay over to the regional district the sums required to discharge its obligations in accordance with the terms of debentures issued to the regional district or agreements entered into under section 335.3 [security issuing bylaws].

(4) If the sums provided for in the debentures or under the agreements, as referred to in subsection (3), are not sufficient to meet the obligations of the board, the deficiency is a liability of the municipality to the regional district.

Borrowing on credit

836 Money borrowed by a regional district must be on its credit at large and, in the event of default, constitutes an indebtedness of the municipalities and electoral areas in the regional district that they are jointly and severally liable to repay.

Division 6 — General

Services to public authorities

837 (1) If a regional district makes an agreement with a public authority to provide services to or for the public authority that are within the powers of the public authority, the entire cost of providing the service under the agreement is a debt owed to the regional district by the public authority.

(2) A service provided under an agreement referred to in subsection (1) may be provided inside the boundaries of another regional district if that other regional district consents.

Local community commissions

838 (1) A board may, by bylaw, establish in an electoral area one or more local communities to be administered by local community commissions.

(2) A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw, has no effect unless it receives the assent of the electors in the area of the local community and is approved by the inspector.

(3) As an exception to subsection (2), the minister may waive the requirement for assent of the electors to a bylaw that amends or repeals a bylaw establishing a local community.

(4) For the purposes of obtaining the assent of the electors as required by this section, Part 4 applies and the voting area is to be the proposed local community or the local community, as applicable.

(5) A bylaw establishing a local community must do the following:

(a) name the local community;

(b) establish the boundaries of the local community;

(c) establish the time and manner of holding annual general meetings of the commission;

(d) establish either

(i) that elections for commissioners are to be held every 3 years at the time of the general local election, or

(ii) that elections for commissioners are to be held each year at a time specified in the bylaw.

(6) A bylaw establishing a local community may do one or more of the following:

(a) establish the manner of holding elections for commissioners, if this is to be different from that provided by the application of Part 3;

(a.1) provide that the number of elected commissioners is to be 6;

(b) [Repealed 1998-34-186.]

(c) set terms, conditions and restrictions on activities of the commission.

(7) A bylaw under subsection (6) (a) must be adopted at least 8 weeks before the general voting day for the election to which it first applies.

(8) The commission for a local community consists of

(a) unless the bylaw provides otherwise under subsection (6) (a.1), 4 elected commissioners, and

(b) the director for the electoral area in which the local community is located.

(8.1) A commissioner must have the qualifications to hold office as a director.

(9) Except as provided by a bylaw under subsection (6) (a), Part 3 applies to the election of commissioners.

(10) The term of office for elected commissioners is to be

(a) 3 years or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held every 3 years, or

(b) one year or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held each year.

(11) At each annual general meeting, the commissioners must elect a chair and a vice chair.

(12) Section 788, as it applies to committee members, applies to the remuneration and reimbursement of commissioners.

Section Repealed

839 [Repealed 2000-7-117.]

Restriction on authority in relation to firearms

840 Despite this Act or a provision in letters patent issued to a regional district, a bylaw of a regional district regulating or prohibiting the discharge of firearms, as defined in the Wildlife Act, S.B.C. 1982, c. 57, is unenforceable to the extent that a regulation under section 108 (2) (n) or (o) of the Wildlife Act is in force in the regional district.

Default on payment by municipality

841 (1) If a municipality defaults on the payment of money due and payable by it to the regional district, the Lieutenant Governor in Council may, at the request of the board, appoint a commissioner for the municipality and, on being appointed, the commissioner has all the powers and duties of a commissioner appointed under Part 30.

(2) [Repealed 1998-34-187.]

Sections Repealed

842 to 845.3 [Repealed 2000-7-119.]

Inspection of regional districts

846 (1) Part 29 applies to a regional district and its board.

(2) The council of a municipality or a director of an electoral area may make a complaint to the inspector regarding any bylaw, order, decision or action of the board.

(3) If a complaint is received, the inspector, or a person authorized by the inspector, may hold an inquiry.

(4) An inquiry under subsection (3) must be open to the public.

(5) Section 1021 (3) and (4) applies to the person holding the inquiry under subsection (3).

(6) The person holding the inquiry must report to the Lieutenant Governor in Council on the evidence adduced and the representations and argument made and must make recommendations.

(7) The Lieutenant Governor in Council may, on receipt of the report referred to in subsection (6), make an order.

(8) An order under subsection (7) is binding on the board.

Legal proceedings

847 (1) The following apply to a regional district and its board:

Division 1 of Part 7 [Proceedings by Municipality];

Division 2 of Part 7 [Proceedings against Municipality];

section 293 (2) and (3) [writ of execution against municipality];

section 294 [copy of writ to be left with municipal officer];

section 297 [officers of municipality as officers of court];

section 298 [certain municipal property exempt from seizure].

(2) and (3) [Repealed 2000-7-120.]


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