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What RDCO May Not Want You To Know

About

North Westside Road Garbage Disposal Service.

Alias Sugar Loaf also
N.O.W.E.S.I. which means North Westside

Comment Form

LAST UPDATE January 25, 2015

Click on your refresh button in the top menu, to be sure you see any updates.

Blue Divider Line

Since 2006 we began trying to figure out the NOWESI (Sugar Loaf) transfer station account in the Regional District of Central Okanagan in the North Westside Road area.  It was harder than imagined.

Here is what was found out so far and how we understand it now after thousands of emails and through Freedom of Information Act, finally RDCO's accountant was telephoned.  From the telephone conversation this is how we believe revenue is calculated.  We could also be wrong, so don't believe everything we say here!

Unlike municipalities, regional districts are required to match the benefits and costs of its services to the people that benefit from the services.

Regional districts have three basic roles. They provide a political and administrative framework for:

Providing region-wide services such as regional parks and emergency telephone services such as 911.

Providing inter-municipal or sub-regional services such as recreation facilities where residents of a municipality and residents in areas outside the municipality benefit from the service.

Acting as the general local government for the electoral areas and providing local services such as waterworks and fire protection to incorporated communities within the electoral areas.

Revenue used to finance regional district operations and services is generated through property taxes, fees and other charges. Unlike municipalities, regional districts are required to match the benefits and costs of its services to the people that benefit from the services. In other words, residents pay for what they get.

http://www.cserv.gov.bc.ca/lgd/pathfinder-rd.htm

 

RDCO said in an email that there were approx. 763 users of the transfer station that paid the $40 utility bill in 2008.

763 users x $40 utility bill in 2007 = $30,520

 

Through Freedom of Information Act, RDCO released this information in regards to the number of North Westside Fire Parcels other than Ridgeview (La Casa whom currently have their own garbage disposal), that contribute to the North Westside Road Fire Protection local service area which would also be the same ones that pay towards the NOWESI (Sugar Loaf) transfer station on their property tax each year as the Ratepayers contract of 2001 -2006 says.  In 2007 there were approx. 1,628 North Westside Road Fire Protection area parcels that would have paid the $41.43 Waste Environmnt Mgt. charged on the 2007 rural property tax notice.

 

The 2004 rural property tax notice says for Waste/Environmt Mgt., $39.67 for Waste/Environmt Mgt. as shown here.


click to read larger print.

rural property tax bills for Waste/Environmt Mgt. in other years as shown at the links below.

2002 $send us this figure if you have it
2003 $send us this figure if you have it
2004 $39.67
2005 $39.11
2006 $38.56
2007 $41.43
2008 $51.95

So

 1,628 fire protection area parcels in 2007 x $41.43 charged on 2007 rural property tax bill for Waste/Environmnt Mgt. = $67,448

Now if you take the total property tax collected in 2007 that was just calculated immediately above $67,448
and then add
763 NOWESI users in 2008 x $40 utility bill = $30,520
TOTAL (our figure) = $97,968 revenue collected in 2007

Now if you look at the total revenues collected in 2007 shown in this printout for the (NOWESI) Sugar Loaf North Westside Road transfer station = $75,266 total revenue collected which this figure was received through the FOI request dated July 2, 2008

Then look back at the $97,968 just calculated

TOTAL  DIFFERENCE OF $22,702 North Westsider's may have paid over and above for using the NOWESI transfer station service in 2007.

Now look at previous years;

If the number of properties developed between 2002-2008 hasn't changed that much over the years (maybe by 100 or so properties that were developed) then neither should the revenue change that much.  We believe there was one change at Valley of the Sun to extend the boundary to approx 3 large properties in the North Westside Road local Fire Protection service area.  So say there were 100 less properties back in 2002 x $40 utility = $4,000.00 or if there were 200 less properties in 2002 paying the utility bill back then, there would be $8,000.00 difference.


Click document to read larger print.

How we understood RDCO's accountant (Marilyn) on the telephone on May 14, 2009 that the NOWESI transfer station is under the same bylaw as other transfer stations in the Regional District and that all the money collected from all the transfer station locations from the property tax goes into one lump sum.  Then from the one lump sum parcel tax thrown together, a portion of what the RDCO needs to pay towards operation of the transfer station is distributed to the NOWESI budget.

It says in Solid Waste Management Regulation Amendment Bylaw No. 1253, 2009 - Repeals Bylaw No. 1162
3. Landfill, recycling depots and transfer stations (page 9 of bylaw 1253 at link above)
3.1.10 Transfer Stations at the Westside Road (Traders Cove) and North Westside Road (N.O.W.E.S.I.) sites shall be used only by those residents participating in those local service areas.
3.1.11 No person authorized to use the Westside Road and North Westside Road Transfer Stations shall dispose of Garbage or Household Recyclable Material contrary to the provisions of this bylaw.

2.4 $40.00 per year for each individual Residential Dwelling Premise for basic Garbage and Yard Waste collection service for Owners living in North Westside Road local service area, as defined by the Local Service Area Bylaw.

 

This page below is only a portion of the whole contract for the ratepayers to operate the NOWESI transfer station 2001 - 2006

all the contracts we have to operate the N.O.W.E.S.I. (Sugar Loaf) transfer station

The 2001 - 2006 contract (above) for the Ratepayers to operated the transfer station says quote, "The Regional District shall bill all owners of dwellings in the North Westside Fire Protection Area by  means of a utility bill and use these funds to pay the Association and other authorized accounts for the operation, maintenance and management of this site.

North Westside Road Fire Protection Local Service Area Establishment and Expansion Bylaw No. 548, 1993 - Converts Bylaw No. 310 - Amended By Bylaw No. 899, 908 & 1126
Being a bylaw to convert a fire protection specified area to a local service area and extend the boundaries of the local service area.   .....a specified area for the provision of fire protection within a portion of Electoral Area "G"

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Community Charter Merging of local service areas
219 (1) A council may, by bylaw, merge 2 or more local service areas into one local service area.

(2) A bylaw under subsection (1) may provide that repayment of any debt of one or more of the merged local service areas that is outstanding at the time of merger is to continue to be borne by the applicable former local service area as if that area continued to exist.

(3) Section 211 (1) [requirements for establishing a local area service] does not apply to the bylaw under subsection (1) of this section if

(a) there is no outstanding debt of any of the local service areas being merged,

(b) the outstanding debt of each of those local service areas is kept separate under subsection (2), or

(c) the bylaw establishing the service currently includes a provision for merger with one or more other local service areas and the merger is in accordance with the provision.

(4) If section 211 (1) applies to a bylaw under this section, the approval of the electors must be obtained separately for each local service area being merged.

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RDCO's Bylaws

RDCO's Solid Waste Management Regulation Amendment Bylaw No. 1253, 2009 - Repeals Bylaw No. 1162 establishes a service to provide for the management of solid waste in regards to the NOWESI (Sugar Loaf) transfer station.  The document below shows just snippets from this bylaw to make things shorter.  A link to the whole bylaw on the Regional District of Central Okanagan's website is provided below these snippett's.


Solid Waste Management Regulation Amendment Bylaw No. 1253, 2009 - Repeals Bylaw No. 1162

Our shortened up versions of the garbage disposal bylaws.

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In read somewhere on the net we read that the Community Charter applies more to Municipalities and that the Local Government Act applies more to Regional Districts.

Local Government Act - Table of Contents - Current to May 13, 2009

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 215 [business improvement areas] of the Community Charter in relation to a mountain resort;

(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 and regional trails;

(h) services related to heritage conservation;

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

(j) a service referred to in section 800 (2) (a) to (d) [general administration, electoral area administration, feasibility studies and regional hospital district services].

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

(4) If the board adopts an establishing bylaw for a service referred to in section 800 (2) (a) [general administration], the establishing bylaw must identify all municipalities and all electoral areas in the regional district as participating areas for the service, and the service area is the entire regional district.

 

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), each participant must consent to the provisions before the bylaw is submitted for participating area approval under section 801.

(4) [Repealed 2004-34-12.]

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 [consent on behalf of municipal participating area] 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 assent of the electors] or 801.3 [approval by alternative approval process], as specified by the minister.

(6) Section 137 (2) of the Community Charter [minister may waive requirement for elector assent or approval] of the Community Charter does not apply to a bylaw amending or repealing an establishing bylaw.

(7) The regional district corporate officer must file with the inspector a bylaw amending or repealing an establishing bylaw 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.

 

Collection in electoral areas
806.1 (1) If a requisition is delivered to the Surveyor of Taxes, 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 a parcel tax roll for the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 of the Community Charter applies,

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

(c) the authenticated parcel tax 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) [Repealed 2003-3-19.]

(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.

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.

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A parcel tax can only be applied to properties that may receive a particular service. It cannot be used to recover costs such as general local government administration costs. A parcel tax scheme provides local governments with options in addition to the ability to recover its costs from a variable tax rate system which is based on the assessed value of land and/or improvements.

http://www.cd.gov.bc.ca/lgd/finance/parcel_tax.htm

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In 1993 the Regional District of Central Okanagan waived the requirement of elector assent or approval through Bylaw 577

Bylaw 577, 1993
Regional Board waives the assent of the electorate in accordance with Part 3, Section 16, Subsection 10 of the
Waste Management Act

The Waste Management Act [RSBC 1996] CHAPTER 482 shows it was repealed by
the Environmental Management Act, SBC2003,
c. 53, s. 174, effective July 8, 2004 (B.C. Reg. 317/2004)
.
 


Solid Waste Management Local Service Area Establishment Bylaw No. 577, 1993

okanaganlakebc.ca's Snippett's of all the bylaws

From the Local Government Act the meaning of:

"service" means, in relation to a regional district,
(a) an activity, work or facility undertaken or provided by or on behalf of the regional district and the exercise of regulatory authority under Part 15 [Specific Regional District Service Powers], section 796 (4) and (5) [general authority for services] or section 796.2 [general authorities in relation to services] in relation to such an activity, work or facility, and
(b) a regulatory service;

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

--------------------

From the Community Charter

"local service area" means the area in which a local service tax is imposed;

"local service tax" means a tax imposed under section 216 [
local service taxes];

Division 4 Parcel Taxes

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Environmental Management Act - Current to May 13, 2009 - *Note - what you see here is not the whole act
[SBC 2003] CHAPTER 53
Part 3 — Municipal Waste Management
Authority to manage municipal solid waste and recyclable material in regional districts
25 (1) In this section and sections 26 [municipal solid waste disposal fees], 31 [control of air contaminants in Greater Vancouver] and 32 [disposal of municipal solid waste in Greater Vancouver]:

"hauler licence" means a licence issued by a regional district to a hauler, under the authority of a bylaw made under subsection (3) (h) (i);

"recycler licence" means a licence issued by a regional district, under the authority of a bylaw made under subsection (3) (h) (i), to the owner or operator of a site that accepts and manages recyclable material;

"regional district" means

(a) a regional district as defined in the Local Government Act, or


(b) the Greater Vancouver Sewerage and Drainage District constituted under the Greater Vancouver Sewerage and Drainage District Act;

"site" means any site or facility, including those identified specifically or by class in an approved waste management plan for the management of municipal solid waste or recyclable material;

"waste stream management licence" means a licence issued by a regional district, under the authority of a bylaw made under subsection (3) (h) (i), to the owner or operator of a site that accepts and manages municipal solid waste.

(2) Despite any other Act, a person must manage municipal solid waste and recyclable material at a site in accordance with

(a) any applicable approved waste management plan for the site,


(b) any requirements or conditions that a director includes in an operational certificate or permit issued for the site, and

(c) any applicable bylaw made under subsection (3) of this section or section 31 [control of air contaminants in Greater Vancouver] or 32 [disposal of municipal solid waste in Greater Vancouver].

(3) For the purpose of implementing an approved waste management plan, a regional district may make bylaws to regulate the management of municipal solid waste or recyclable material including, without limitation, bylaws regulating, prohibiting or respecting one or more of the following:

(a) the types, quality or quantities of municipal solid waste or recyclable material that may be brought onto or removed from a site;

(b) the discarding or abandonment of municipal solid waste or recyclable material;

(c) the burning of any class or quantity of municipal solid waste or recyclable material;

(d) the delivery, deposit, storage or abandonment of municipal solid waste or recyclable material at authorized or unauthorized sites;

(e) the transport of municipal solid waste or recyclable material within or through the area covered by the waste management plan;

(f) the operation, closure or post-closure of sites, including requirements for

(i) the recording and submission of information,

(ii) audited statements respecting the municipal solid waste or recyclable material received at and shipped from a site, and

(iii) the installation and maintenance of works;

(g) respecting fees, including

(i) setting fees and charges that may vary according to


(A) the quantity, volume, composition or type of municipal solid waste or recyclable material, or

(B) the class of persons, sites, operations, activities, municipal solid wastes or recyclable materials, and

(ii) specifying the manner and timing of the payment of those fees and charges;

(h) requiring the owner or operator of a site or a hauler to

(i) hold a recycler licence, a waste stream management licence or a hauler licence, or

(ii) comply with a code of practice;

(i) setting the terms and conditions for issuing, suspending, amending or cancelling a licence referred to in paragraph (h);

(j) requiring an owner or operator of a site or a licence holder to obtain insurance or provide security satisfactory to the regional district to ensure

(i) compliance with the bylaws, and

(ii) that sufficient funding is available for site operations, remediation, closure and post-closure monitoring;

(k) requiring the owner or operator of a site to contain municipal solid waste or recyclable material within specified height and area limits, and specify requirements and terms for confirming compliance with those limits;

(l) prohibiting unauthorized persons from handling or removing municipal solid waste or recyclable material that is deposited at a site or set out for collection;

(m) establishing different prohibitions, conditions, requirements and exemptions for different classes of persons, sites, operations, activities, municipal solid wastes or recyclable materials;

(n) requiring an owner of municipal solid waste or recyclable material, the deposit of which has been prohibited by bylaw, to pay the cost of its disposal in a manner specified in the bylaw;

(o) authorizing designated persons to enter a site or inspect the contents of a vehicle for the purpose of enforcing a bylaw made under this subsection and, for this purpose, sections 109 [entry on property] and 111 (2) [inspection of vehicles] apply to a designated person as if the designated person is an officer referred to in those sections, but only in respect of municipal solid waste and recyclable material;

(p) providing that

(i) a contravention of a provision of the bylaws is an offence punishable by a fine not exceeding $200 000, and

(ii) if a corporation commits an offence under the bylaws, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence even though the corporation is convicted.

(4) Before exercising the authority under this section, a regional district must

(a) indicate in its waste management plan its intention to undertake consultations with affected stakeholders in accordance with section 27 (1) [public consultation process], and

(b) undertake the consultations.

(5) This section does not apply to the management of municipal solid waste or recyclable material at the site at which it originates.

(6) A regional district, including its employees and elected officials, is not liable

(a) to any person for environmental conditions at a site, or

(b) to remediate a site included in a waste management plan,

solely because it holds security as required under a bylaw made under this Part.

Bylaw approval or amendment
34 (1) A bylaw made by a regional district under the authority of section 25 [authority to manage municipal solid waste and recyclable material in regional districts], 26 [municipal solid waste disposal fees] or 33 [disposal of municipal solid waste in other regional districts] or made by the Administration Board of the Greater Vancouver Sewerage and Drainage District under the authority of section 25, 26 or 32 [disposal of municipal solid waste in Greater Vancouver], may not be adopted without the prior written approval of the minister.

(2) If the minister considers it necessary in the public interest, the minister may require a regional district or the Greater Vancouver Sewerage and Drainage District to amend, suspend or cancel a bylaw or part of a bylaw, or any authorization given under a bylaw made under section 25 [authority to manage municipal solid waste and recyclable material in regional districts], 26 [municipal solid waste disposal fees], 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts].

Blue Divider Line

In reading somewhere on the net it said that the Community Charter applies more to Municipalities and that the Local Government Act applies more to Regional Districts.

Community Charter - Current as of May 13, 2009

*Note - what you see here is not the whole act

Community Charter Schedule

"local area service" means a service referred to in section 210 (1) [authority for local area services];

"local authority" means (b) a regional district,

"local service area" means the area in which a local service tax is imposed;

"local service tax" means a tax imposed under section 216 [local service taxes];

"municipality" means, as applicable,

(a) the corporation into which the residents of an area are incorporated as a municipality under Part 2 [Incorporation of Municipalities] of the Local Government Act or under any other Act, or

(b) the geographic area of the municipal corporation,

but does not include the City of Vancouver unless otherwise provided;

"parcel tax" means a tax imposed on the basis of a single amount for each parcel, the taxable area of a parcel or the taxable frontage of a parcel;

"parcel tax roll review panel" means the parcel tax roll review panel under section 204;

"property taxes" means taxes under Division 3 [Property Value Taxes], 4 [Parcel Taxes] or 5 [Local Service Taxes] of Part 7 [Municipal Revenue];

"property value tax" means a tax imposed on the basis of the value of land or improvements or both;

"service" means, in relation to a municipality, an activity, work or facility undertaken or provided by or on behalf of the municipality;

Application of Local Government Act definitions
2 Subject to the definitions established by section 1 of this Schedule, section 5 [definitions] of the Local Government Act applies to this Act.

-------------------------------

Services outside municipality
13 (1) A municipality may provide a service in an area outside the municipality, but it must first obtain consent as follows:

(a) if the area is in another municipality, the council must obtain the consent of the council of the other municipality;

(b) if the area is not in another municipality and is not treaty lands, the council must obtain the consent of the regional district board for the area.

(2) In giving consent under subsection (1), the other local government may establish terms and conditions, including terms and conditions respecting

(a) limits on the service to be provided in its area, and

(b) the process for terminating provision of the service in its area.

(3) If consent is given as referred to in subsection (1), the municipal powers, duties and functions provided under this or any other Act in relation to the service may be exercised in the area referred to in that subsection, subject to any applicable terms and conditions established under subsection (2).
 

Division 3 — Bylaw Procedures

Power to amend or repeal
137 (1) Unless otherwise provided,

(a) the power to adopt a bylaw under this or any other Act includes the power to amend or repeal such a bylaw,

(b) the included power to amend or repeal must be exercised by bylaw and is subject to the same approval and other requirements, if any, as the power to adopt a new bylaw under that authority, and

(c) a bylaw may include provisions that, at a future date set by the bylaw, amend or repeal the bylaw.

(2) A bylaw that requires approval of the electors or assent of the electors may be amended or repealed without that approval or assent if the minister approves and subject to any terms and conditions the minister considers appropriate.
 

Local service taxes

216 (1) In all cases, all or part of the costs of a local area service may be recovered, in accordance with the establishing bylaw for the service, by means of either or both of

(a) a property value tax under Division 3 of this Part, which may be imposed on land, on improvements, or on both, and

(b) a parcel tax under Division 4 of this Part,

that are imposed only within the local service area.

(2) In the case of a business improvement area service, in addition to the taxes referred to in subsection (1), all or part of the costs of the service may be recovered by means of a tax, based on any factor set out in the establishing bylaw, that is imposed only within the business improvement area.

(3) A local service tax under subsection (1) or (2) in relation to a business improvement area

(a) may only be imposed on land or improvements, or both, that are

(i) used during the year to operate a business of a class specified in the bylaw, or

(ii) classified as Class 5 [light industry] or 6 [business and other] property class, and

(b) may have different rates for different classes of business, as those classes are established by the bylaw.

(4) Subject to this section, the other provisions of this Part apply in respect of a local service tax.

(5) Revenue from a local service tax may only be expended for the local area service in relation to which it is imposed.

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Complaints to council or auditor about financial affairs
172 (1) A person may complain in writing to the council or to the municipal auditor, if the person considers that

(a) a disbursement, expenditure, liability or other transaction is not authorized under this or another Act, or

(b) there has been a theft, misuse or other defalcation or irregularity in the funds, accounts, assets, liabilities and financial obligations of the municipality.

(2) If a complaint is made under subsection (1) to the council, the council must give notice of the matter to the municipal auditor.

(3) If a complaint is made under subsection (1) to the municipal auditor, the auditor must give notice of the matter to the council and must report to the council on the subject matter of the complaint.

------------------------

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Terms and Concepts in the Community Charter

Terms & Concepts in the Community Charter: Broad Powers
Section 8 of the Community Charter provides various types of broad, or fundamental, powers.
(9) A municipality must make available to the public, on request, a statement respecting the council's reasons for adopting a bylaw under subsection (3), (4), (5) or (6).

Terms & Concepts in the Community Charter: Local Area Service
A local area service in Part 7, Division 5 of the Community Charter is any municipal service that is designed to benefit a particular part of the municipality and is paid for in whole or in part by local property owners through a local service tax. Local area services may be initiated either by owners of property in the proposed local area, or by the municipal council. Where initiated by council, the proposed service is subject to a petition against. Each local area service must be established by bylaw.

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RDCO Revised Solid Waste Management Plan Final

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Remember that residents were told by Carol Suhan (waste reduction dept. at RDCO) that to build and run an extra manned transfer station at LaCasa, that it would not cost residents any more than what they already pay ($40.00 per year utility bill).  There was a good reason for it!

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View resident's comments here.

Contact us with your ideas at Email Okanagan Lake BCand we will post your idea up here too.

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Westside Road Gossip
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Westside Road Gossip
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Adv. Plan Comm. ] Alt. Approval ] Ambulance ] Argo Road ] BC Hydro ] Budget 2010 ] Budget 2011 ] Budget 2012 ] Budget 2013 ] Budget 2014 ] Budget 2015 ] Building Inspection ] Build Laws - BC ] Build Laws - RDCO ] Building Violations ] COW Elect 08 ] COW Elect. 11 ] Director Edgson ] Dogs ] Easement Roads ] EDC ] Elect. Boundary ] Environ. Advisory ] ESS ] Finance ] Fintry Develop ] Fintry Park ] Fire Boat ] Fire Bylaws ] Fire Dept. ] Fire Dept FOI ] Fire Hydrants ] Fire Minutes ] Fires House ] FOI Act ] Friends Fintry ] Garbage ] Garbage Area ] Garbage Bylaws ] Garb Comment 08 ] Garbage Contract ] Garbage Finance ] Garbage FOI ] Garbage FOI ] Garbage La Casa ] Garbage Locker ] Garbage Minutes ] Garbage NOWESI ] Garbage Ombudsman ] Garbage Questionaire ] Garbage Secret ] Garbage Solution ] Garbage Survey ] Garbage Traders ] Governance Wide ] Government ] Helicopters ] History ] Killiney Hall ] Killiney Park ] La Casa ] Motorized Rec. ] NW OCP ] NWCA ] NWCA FOI ] NW Parks ] OKIB ] OKIB Logging ] OKIB Road ] OKIB Tax ] Peacocks ] Police Tax ] Property Tax ] RDCO ] RDCO Dog Minutes ] RDCO Jokes ] RDCO Policy ] RDCO Regs ] Report Animals ] Septic Systems ] Subdiv. History ] T. Mtn After Fire ] Terrace Mnt. Fire ] Trench Burner ] Vote Box ] Water Budget 08 ] Water Budget 09 ] Water Budget 10 ] Water Bylaws ] Water Construct ] Water FOI ] Water Grants ] Water Judgements ] Water Laws ] Water Meters ] Water Minutes ] Water Rates ] Water Right-of-Way ] Water Survey ] Water System ] Water VOS ] Water VOS Pics ] Water Well Data ] Water Wells ] Westside Road ] WR Development ] WR Incorporation ] WR Overpass ] WRIC ] Zoning Bylaw 66 ] Zoning Bylaw 1981 ] Zoning Bylaw 871 ]

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Gossip
In Other Towns

INDEX ALL ] Boucherie Rd ] Kaleden ] Kelowna ] Naramata ] Oyama ] Peachland ] Penticton ] Summerland ] Vernon ] West Kelowna ] Westside Road ] Winfield ]

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Index

Boucherie Road ] Kaleden ] Kelowna ] Naramata ] Oyama ] Peachland ] Pentiction ] Summerland ] Vernon ] West Kelowna ] Westside Road ] Winfield ]

You will find local North Westside Road BC businesses, services, classifieds, local arts and crafts, vacation waterfront rentals, plus much more located near and around Okanagan Lake BC.  We will be adding to this site, so come back and check it often.

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Democracy Rules on the North Westside!

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