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B.C. Reg. 284/97
O.C. 971197
Deposited August 1, 1997
This consolidation is current to January 24, 2023.

Capital Region Water Supply and Sooke Hills Protection Act

Capital Region Water Supply and Sooke Hills Protection Regulation

[includes amendments up to B.C. Reg. 109/2002]

Contents
1Definitions
2Water service areas
3Establishment of a regional water supply commission
4Procedures of the regional water supply commission
5Strategic plan
6Establishment of the Juan de Fuca water distribution commission
7Water distribution plan for the Western Communities
8Regional Water Supply, Protection and Conservation Advisory Committee
9Sooke Hills Wilderness Regional Park management plan
10Other park lands
11Continuation of powers of the water district
12Further powers

Definitions

1   In this regulation:

"water distribution commission" means the Juan de Fuca water distribution commission established by the regional district board under section 6 (2) (h) of the Capital Region Water Supply and Sooke Hills Protection Act;

"water supply commission" means the regional water supply commission established by the regional district board under section 4 of the Capital Region Water Supply and Sooke Hills Protection Act.

Water service areas

2   (1) The bylaws establishing local service areas under sections 2 and 3 of the Capital Region Water Supply and Sooke Hills Protection Act must be submitted for the approval of the Inspector of Municipalities by September 30, 1997.

(2) The bylaws referred to in subsection (1) must be adopted by the regional district board by March 31, 1998.

Establishment of a regional water supply commission

3   (1) A bylaw establishing a standing committee of the regional district board known as the regional water supply commission must be adopted by the regional district board by September 30, 1997.

(2) The members of the water supply commission are as follows:

(a) any members of the council of each municipality within the participating are appointed by the council and equivalent in number to those the municipality has on the regional district board;

(b) the director for the Juan de Fuca Electoral Area.

(3) Prior to appointing members to the water supply commission, a municipal council must provide an opportunity for the public to advise the council on appointments to the water supply commission by

(a) holding a public meeting to discuss the appointments,

(b) scheduling a portion of a regular council meeting to discuss the appointments, or

(c) otherwise offering the public a reasonable opportunity to advise council on the appointments.

(4) Section 783 of the Municipal Act governs the number of votes that each member of the water supply commission may cast on resolutions before that commission.

(5) A quorum of the water supply commission is a majority of its members.

(6) If a position on the water supply commission becomes vacant, the vacancy must be filled

(a) in the case where the incumbent was the director for the Juan de Fuca Electoral Area, at the next election for such director, and

(b) in the case of an appointee of a municipal council, by the municipal council making a new appointment within 30 days of the vacancy arising.

(7) Alternate members of the water supply commission may be appointed to act in the absence of members and sections 786 and 787 of the Municipal Act apply to these directors and their appointment.

(8) The term for members on the water supply commission ends immediately before the first Monday following December 1 in the year of the general local elections.

[am. B.C. Reg. 469/99.]

Procedures of the regional water supply commission

4   (1) The water supply commission must review any matter, relating to the regional water supply service, initiated by the water supply commission or referred to it by the regional board, a participating municipal council, the Saanich Peninsula Water Commission, the water distribution commission, or a participating electoral area director.

(2) The water supply commission must consider any matter referred to it under subsection (1) within a reasonable period of time.

Strategic plan

5   (1) The regional district board must adopt a bylaw before December 31, 1999 to establish a strategic plan for a 20 year period respecting

(a) the region's water supply,

(b) water conservation, and

(c) management of the catchment lands.

(2) The regional district board must prepare a consultation plan which will provide for early, ongoing and continuous involvement of the public in the development of the strategic plan.

(3) Once a bylaw establishing a strategic plan is adopted, it must be reviewed by the water supply commission on a regular basis.

(4) The strategic plan referred to in subsection (1) must include studies of water conservation and demand management.

Establishment of the Juan de Fuca water distribution commission

6   (1) A bylaw establishing a standing committee of the regional board known as the Juan de Fuca water distribution commission must be adopted by the regional district board by September 30, 1997.

(2) The water distribution commission is a standing committee under Part 24 of the Municipal Act.

(3) The water distribution commission includes council members, as specified in this section, from each of the following participating areas:

(a) the City of Colwood;

(b) the District of Langford;

(c) the Town of View Royal;

(d) the District of Metchosin;

(e) the District of Sooke;

(f) the Juan de Fuca Electoral Area.

(4) The number of members of the water distribution commission that a council of a participating area may appoint is equal to the number of council members that municipality has on the regional district board.

(5) The director for the Juan de Fuca Electoral Area is a member of the water distribution commission.

(6) Section 783 of the Municipal Act governs the number of votes that each member of the water distribution commission may cast on resolutions before that commission.

(7) Prior to appointing a member to the water distribution commission, a municipal council must provide an opportunity for the public to advise council on appointments to the water distribution commission as described in section 3 (3).

(8) A quorum of the water distribution commission is a majority of its members.

(9) If a position on the water distribution commission becomes vacant, the vacancy must be filled

(a) in the case where the incumbent was the director for the Juan de Fuca Electoral Area, at the next election for such director, and

(b) in the case an appointee of a municipal council, by the municipal council making a new appointment within 30 days of the vacancy arising.

(10) Alternate members on the water distribution commission maybe appointed to act in the absence of the member and these alternate members must be appointed in the same manner as alternate municipal or electoral area directors are appointed under sections 786 and 787 of the Municipal Act.

(11) The term for members on the water distribution commission ends immediately before the first Monday following December 1 in the year of the general local elections.

[am. B.C. Reg. 469/99.]

Water distribution plan for the Western Communities

7   (1) The water supply commission must, before December 31, 1998, determine those water supply facilities within the boundary of the water distribution service area which will remain as part of the regional water supply service.

(2) The water distribution commission must, prior to December 31, 2000, develop a plan for rationalization of the water distribution system in the City of Colwood, District of Langford, Town of View Royal, District of Metchosin, District of Sooke and the Juan de Fuca Electoral Area.

(3) The plan must consider whether the water distribution system within the City of Colwood, District of Langford, Town of View Royal, District of Metchosin and the District of Sooke should continue to be owned and operated by the regional district, or whether it should be transferred to the municipalities in whole or in part.

[am. B.C. Reg. 469/99.]

Regional Water Supply, Protection and Conservation Advisory Committee

8   (1) The regional district board must, before December 31, 1997, appoint a Regional Water Supply, Protection and Conservation Advisory Committee to provide advice to the water supply commission on water supply, water quality, the stewardship of the lands held by the regional district for water supply purposes and water conservation measures.

(2) The Regional Water Supply, Protection and Conservation Advisory Committee must have representation from the regional water supply commission, the water distribution commission and the Saanich Peninsula Water Commission and each of the following must be invited to provide a representative:

(a) the agricultural community;

(b) groups concerned with the protection of fish habitats;

(c) First Nations;

(d) environmental groups;

(e) commercial and industrial water users;

(f) residents and ratepayer's associations;

(g) Capital Region Health Board;

(h) the scientific community;

(i) other bodies the regional district board considers appropriate.

Sooke Hills Wilderness Regional Park management plan

9   (1) to (3) Repealed. [B.C. Reg. 109/2002, s. 4.]

(4) The regional district board must prepare a consultation plan which will provide for early, on-going and continuous involvement of the public in development of the park management plan.

(5) Repealed. [B.C. Reg. 109/2002, s. 4.]

[am. B.C. Reg. 109/2002, s. 4.]

Other park lands

10   (1) The regional district must not dispose of, or change the use of, the following lands formerly held by the Greater Victoria Water District except for the purpose of a park, without the approval of the Minister:

(a) Section 2 1, Otter Land District;

(b) Section 6 1, Goldstream District;

(c) Remainder of Lot 8, Block 15, Plan 2434, Sections 52 and 53, Sooke Land District.

Continuation of powers of the water district

11   The powers formerly contained in section 98 of the Greater Victoria Water District Act apply to the regional district.

Further powers

12   (1) The regional district may provide water service to individual customers, improvement districts, Indian Bands and Indian Reserves outside the water distribution service area, but within the boundary of the regional district.

(2) Any person who hinders or interrupts, or causes or procures to be hindered or interrupted, the regional district, its agents, servants, contractors, workmen, or any of them, in the exercise of any of the powers and authorities conferred by this regulation, shall be liable, on summary conviction, to a fine of not more than $2 000 or to imprisonment for not more than 6 months, or to both.

[Provisions of the Capital Region Water Supply and Sooke Hills Protection Act, S.B.C. 1997, c. 5, relevant to the enactment of this regulation: section 6]