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B.C. Reg. 17/90
O.C. 124/90
Deposited January 19, 1990
This archived regulation consolidation is current to December 31, 2021 and includes changes enacted and in force by that date. For the most current information, click here.

Municipalities Enabling and Validating Act

Okanagan-Kootenay Sterile Insect Release Service Regulation

[includes amendments up to B.C. Reg. 469/95, November 10, 1995]

Contents
1Interpretation
2Cost recovery — parcel tax
3Cost recovery — property value tax
4Apportionment
5Clearing of insects by property owners
6Entry onto property by board for clearing of insects
7Entry onto property by board for sterile insect release
8Authority to enter into funding agreements
9Compliance grants

Interpretation

1   In this regulation:

"converted value of land" means the net taxable value of land for regional hospital district purposes multiplied by the percentage prescribed for that land for the purposes of section 808 (1) of the Municipal Act;

"annual costs" means the annual operating and debt servicing costs of providing a sterile insect release service minus any grants or donations received towards those costs.

Cost recovery — parcel tax

2   (1) The participating regional districts for a sterile insect release service under section 283 (2) of the Municipalities Enabling and Validating Act may recover a portion of the annual costs of the service by means of a parcel tax.

(2) Subject to subsection (3), a parcel tax under subsection (1) may vary according to

(a) the area of the parcel, and

(b) the quantity of apple and pear trees growing on the parcel.

(3) A variation under subsection (2) shall be the same in all participating regional districts.

(4) Sections 484 to 488 of the Municipal Act apply to a parcel tax imposed under this section.

Cost recovery — property value tax

3   The portion of the annual costs of a sterile insect release service that is not recovered by a parcel tax under section 2 shall be recovered by a property value tax under section 805 of the Municipal Act levied on land only.

Apportionment

4   (1) The annual costs of a sterile insect release service that are recovered by a parcel tax under section 2 shall be apportioned among the participating regional districts on the basis of the amount recovered within each regional district by the parcel tax.

(2) The annual costs of a sterile insect release service that are not recovered by a parcel tax under section 2 shall be apportioned among the participating regional districts on the basis of the converted value of land in the participating areas for the service thaI are within each regional district.

Clearing of insects by property owners

5   Owners and occupiers of real property shall clear their property of destructive insect pests and shall prevent the infestation of their property by destructive insect pests.

Entry onto property by board for clearing of insects

6   Where the owner or occupier of real property has failed to comply with the requirement under section 5 for clearing or preventing infestation, the Okanagan-Kootenay Sterile Insect Release Board may, by its employees or other persons, enter on real property at reasonable times and in a reasonable manner to effect the clearing or prevention, at the expense of the person who has failed to comply, by any means considered advisable by the board including the application of insecticides and other chemicals and the removal and destruction of plants which are or which are likely to be subject to infestation by destructive insect pests.

Entry onto property by board for sterile insect release

7   The Okanagan-Kootenay Sterile Insect Release Board may, by its employees or other persons, enter on real property at reasonable times and in a reasonable manner to effect the release of sterile insects.

Authority to enter into funding agreements

8   The Okanagan-Kootenay Sterile Insect Release Board may enter into agreements to obtain funding to operate a sterile insect release service.

[en. B.C. Reg. 469/95.]

Compliance grants

9   The authority to make expenditures for a sterile insect release service includes the authority to make grants to property owners and growers who have complied with the requirements of the service program specified by the Okanagan-Kootenay Sterile Insect Release Board.

[en. B.C. Reg. 469/95.]

[Provisions relevant to the enactment of this regulation: Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, section 283 (8)]