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| B.C. Reg. 490/79 O.C. 2388/78 |
Filed October 26, 1979 |
| This archived regulation consolidation is current to August 5, 2005 and includes changes enacted and in force by that date. For the most current information, click here. |
Ministry of Lands, Parks and Housing Act
[includes amendments up to B.C. Reg. 368/2000]
Whereas British Columbia Housing Management Commission was constituted a body corporate and politic, pursuant to section 11 of the Housing Act1, by order in council 3746/67, approved December 8, 1967, and published as B.C. Reg. 76/68;
And whereas it is expedient that the commission be continued under the Housing Act1 with redefined powers and duties;
Consent is given to the Minister of Municipal Affairs and Housing to authorize British Columbia Housing Management Commission (hereinafter called the "commission") to exercise, in addition to the powers conferred upon it by and under the Housing Act1 and this order, the powers of a "public housing agency" under the provisions of and for the purposes specified in Part VI of the National Housing Act, 1954 of Canada, as amended, and such further and other powers as the Minister of Municipal Affairs and Housing considers necessary.
Order in council 3746/67, approved December 8, 1967, and published as B.C. Reg. 76/68, as amended by orders in council 1997/70, 1982/74, 1950/75 and 1021/76 (B.C. Regs. 387/74 and 440/75), is rescinded, save in so far as it constitutes the commission a body corporate and politic, and the commission shall continue to be incorporated, pursuant to section 11 of the Housing Act1, under that name and style as a body politic and corporate with continued succession and a common seal, and with the powers and duties and subject to the provisions hereinafter contained:
1 For the purpose of this order, unless the context otherwise requires:
"Board of Commissioners" or "commissioners" mean the incumbent members of the commission appointed by the Lieutenant Governor in Council pursuant to section 2 of this order;
"minister" means that member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the Housing Act1;
"housing" includes any structures, buildings, lands, improvements and space suitable or capable of being made suitable for human habitation or accommodation, and also includes public housing referred to in section 11 of the Housing Act1.
2 (1) The members of the commission shall be such number of persons as are appointed for that purpose by the Lieutenant Governor in Council upon the recommendation of the minister.
(2) The members of the commission appointed under subsection (1) shall be appointed during pleasure.
(3) The Lieutenant Governor in Council may appoint a member of the commission as chairman.
(4) to (6) Repealed. [B.C. Reg. 478/83.]
[am. B.C. Reg. 478/83.]
3 For the purposes of the Housing Act1, any enactment and any Act of Canada, the commission may, in its own name,
(a) manage housing made available to it under agreements with the minister or under agreements between the Government of Canada and the Government of British Columbia or their agents,
(b) maintain, repair and renovate the buildings, lands and equipment comprising housing administered by it, either by its own resources or by contract,
(c) acquire supplies and maintain and repair the supplies and equipment necessary to the management of housing administered by it,
(d) purchase or otherwise acquire, lease, sublease and dispose of real property and premises as may be necessary for its administration,
(e) enter into collective bargaining and conclude collective agreements with its employees,
(f) administer rent supplement and other housing assistance programs under the direction and with the approval of the minister,
(f.1) borrow up to $135 million from Her Majesty the Queen in Right of the Province represented by the Minister of Finance and Corporate Relations on the terms agreed to by the commission and that minister,
(f.2) make loans to societies, public housing corporations or housing co-operatives incorporated under the laws of British Columbia or of Canada for the purpose of facilitating projects to build housing intended for sale or rent to low and moderate income households,
(g) do such other things not inconsistent with this order as it considers necessary or advisable for carrying out its purpose and powers, and
(h) without restricting the generality of the foregoing, carry on all activities under this section hitherto carried on by the commission prior to the coming into force of this order.
[am. B.C. Regs. 331/89; 426/95; 368/2000.]
4 (1) The Board of Commissioners shall manage the affairs of the commission or supervise the management of those affairs and may
(a) exercise the powers conferred upon it by and under this order,
(b) exercise the powers of the commission on behalf of the commission, and
(c) delegate the exercise or performance of any power or duty conferred or imposed upon it to any person employed by the commission.
(2) The Board of Commissioners may pass such resolutions as it considers necessary or advisable for the management and conduct of the affairs of the commission and the exercise of its powers or duties including, without limiting the generality of the foregoing, resolutions respecting the calling and holding of meetings of the Board of Commissioners and the procedure to be followed at the meetings.
(3) A majority of the Board of Commissioners for the time being holding office constitutes a quorum at meetings of the Board of Commissioners, and the affirmative votes of the majority of the Board of Commissioners present at a meeting at which a quorum is present are sufficient to pass any bylaw or resolution.
(4) A resolution in writing, signed by all the commissioners, is as valid and effective as if it had been passed at a meeting of the Board of Commissioners duly called and constituted.
(5) The chairman shall be the convenor of and preside at all meetings of the Board of Commissioners and shall have such further powers and duties as may be provided by bylaw or resolution.
(6) The chairman may appoint, from among the Board of Commissioners, a vice-chairman who, in the absence of the chairman, shall have the chairman's rights, powers and duties.
5 (1) The Board of Commissioners shall appoint a general manager to hold office during pleasure.
(2) The Board of Commissioners shall define the duties of the general manager.
(3) The Board of Commissioners, or, if authorized by the Board of Commissioners, the general manager, may appoint such officers, employees and agents as it or he considers necessary to carry on the business and operations of the commission, and may fix their term of office or employment, terminate appointments or remove or suspend them, reappoint or reinstate them, fix their remuneration and vary or terminate it, appoint others in their place and stead or to act in their place and stead, appoint others as their deputies, define their duties and provide a system of organization to fix responsibility and promote efficiency.
(4) The Public Service Act does not apply to the officers and employees of the corporation.
6 The home office of the commission shall be in the City of Vancouver, in the Province of British Columbia.
7 (1) The commission shall establish and maintain an accounting system satisfactory to the minister, and shall, whenever required by him, render detailed accounts of its revenues and expenditures for such period or to such day as he may designate.
(2) All books or records of accounts, documents and other financial records shall at all times be open for inspection by the minister or such other person as he may designate.
(3) The fiscal year end of the commission shall be December 31 in each year unless altered by resolution of the Board of Commissioners and approved by the minister.
(4) Not less than 60 days prior to the last day of the fiscal year end of the commission, the chairman shall present to the minister the budget for the ensuing fiscal year.
(5) Not later than 120 days from the last day of the fiscal year end of the commission, the chairman shall present to the minister a financial statement for such fiscal year, duly audited by an independent auditor, together with a report of the operation of the commission for such fiscal year.
(6) The commission shall maintain such records on program activities as deemed necessary by the minister or a person designated by him, and shall present such records to the minister or his designee as requested.
8 The commission may invest or loan the funds not otherwise required for the purposes of the commission or any portion thereof in those investments or loans in which trustees may by law invest trust funds and in such other securities as are authorized by the Lieutenant Governor in Council.
9 (1) In addition to any borrowing power under section 9.1 or other enactment of the Province or of Canada, but subject to the approval of the minister, the commission may, to a maximum aggregate at any time of a net sum of $10 000 000, after payment of discount, commission brokerage and all other expenses on all loans, borrow such sums of money as it may consider necessary or advisable for the purpose of carrying out any of its purposes or for the exercise of any power, right, function or duty conferred or imposed on it under this or any other enactment or Act of Canada, and may issue notes bearing interest at such rates and payable as to principal and interest in such currencies and at such places and at such times and in such manner as the commission may determine.
(2) The commission may borrow funds under this section only from a bank, trust company or credit union incorporated under the laws of Canada or a province or territory thereof.
[am. B.C. Regs. 331/82; 206/92, s. 1.]
9.1 (1) With the prior written approval of the minister, the commission may borrow from the government money in amounts it may consider necessary or advisable for the purpose of carrying out any of its purposes or for the exercise of any power, right, function or duty conferred or imposed on it under this or any other enactment of the Province or of Canada, and may issue notes bearing interest at such rates and payable as to principal and interest in such currencies and at such places and at such times and in such manner as the commission may determine.
(2) The maximum aggregate of the amounts borrowed under subsection (1) at any time must not exceed a net sum of $30 000 000 after payment of discount, commission brokerage and all other expenses on these loans.
[en. B.C. Reg. 206/92, s. 2.]
10 The commission may require a bond under the Bonding Act from such of its officers and employees as it may designate.
11 Sections 32, 33, 100 and 119 to 124 of the Company Act are incorporated by reference into this order as if set out in full and shall apply mutatis mutandis to the commission and the Board of Commissioners, except in so far as any of them are varied by or inconsistent with or repugnant to the provisions of this order, in which case the provisions of this order shall prevail to the extent of such variation, inconsistency or repugnancy.
12 No commissioner and no person acting under the authority of the Board of Commissioners is personally liable for loss or damage suffered by a person by reason of anything in good faith done or omitted to be done in the exercise of a power given hereunder, or under any enactment or Act of Canada.
13 All the property, real and personal, and whether in possession or in action, including the benefit under any contract, lease or agreement whatsoever, of the commission prior to the coming into force of this order shall continue to be the property of the commission continued by this order, and all the debts, liabilities, obligations and covenants of the commission made prior to the coming into force of this order shall be assumed, paid, discharged or performed by the commission continued by this order.
[Provisions of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, relevant to the enactment of this regulation: section 10]
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| 1. Housing Act repealed 1979-20-12. |
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