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Water System Laws in BC

Make a comment using the form nearer bottom of this page to be posted here on this website

Click refresh to be sure you see updates.

LAST UPDATE January 25, 2015

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Valley of the Sun is interested in the water system regulations for their subdivision that may have existed in 1970 when Valley of the Sun subdivision was approved without a community water system but it seems impossible to find any information.

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DID YOU KNOW THAT YOU ONLY HAVE 2 MONTHS TO NOTIFY A REGIONAL DISTRICT BY LETTER, IF YOU ARE TAKING A REGIONAL DISTRICT TO COURT, AND THAT YOU HAVE TO EXPLAIN EVERY DETAIL?

AND DID YOU KNOW YOU ONLY HAVE 6 MONTHS TO START COURT ACTION?

THERE ARE SOME CASES WHERE MORE THAN 6 MONTHS CAN PASS IF YOU HAVE A GOOD EXCUSE

FOR EVERYONE ELSE YOU HAVE 2 YEARS TO TAKE THEM TO COURT!!!

MUNICIPALITY MEANS REGIONAL DISTRICT
Local Government Act
[RSBC 1996] CHAPTER 323
Part 24 — Regional Districts
Division 1 — Interpretation

Application of other provisions
774 In the application of the other provisions of this Act or the Community Charter to regional districts, 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

(We believe that Municipality means Regional District)

===================================

Local Government Act
[RSBC 1996] CHAPTER 323
Part 24 — Regional Districts
Division 6 — General

Legal proceedings and enforcement
847 (1) The following apply to a regional district and its board:

Division 2 [Proceedings against Municipality] of Part 7;

================================

Local Government Act
Part 7 — Legal Proceedings
Division 2 — Proceedings against Municipality

Limitation period for actions against municipality
285 All actions against a municipality for the unlawful doing of anything that

(a) is purported to have been done by the municipality under the powers conferred by an Act, and

(b) might have been lawfully done by the municipality if acting in the manner established by law,

must be commenced within 6 months after the cause of action first arose, or within a further period designated by the council in a particular case, but not afterwards.



Immunity unless notice given to municipality after damage
286 (1) A municipality is in no case liable for damages unless notice in writing, setting out the time, place and manner in which the damage has been sustained, is delivered to the municipality within 2 months from the date on which the damage was sustained.

(2) In case of the death of a person injured, the failure to give notice required by this section is not a bar to the maintenance of the action.

(3) Failure to give the notice or its insufficiency is not a bar to the maintenance of an action if the court before whom it is tried, or, in case of appeal, the Court of Appeal, believes

(a) there was reasonable excuse, and

(b) the defendant has not been prejudiced in its defence by the failure or insufficiency.

IT SAYS THERE IS EXCEPTION TO THIS IF THERE WAS REASONABLE EXCUSE. YOU CAN FIND CASES IN THE BC COURT JUDGEMENT DATABASE

SMALL CLAIMS COURT AND PROVINCIAL COURT JUDGEMENTS DATABASE

SUPREME COURT JUDGMENTS DATABASE

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Water Utility Act
[RSBC 1996] CHAPTER 485
This Act is Current to April 21, 2010

"water utility" means

(a) a person who owns or operates in British Columbia equipment or facilities for the diverting, developing, pumping, impounding, distributing or furnishing of water, for compensation,

(i) to or for more than the prescribed number of persons or, if no number is prescribed, 5 or more persons, or

(ii) to a corporation, and

(b) the lessee, trustee, receiver or liquidator of a person referred to in paragraph (a),

but does not include

(c) a municipality in respect of services furnished by the municipality,

(d) a person who furnishes services or commodity only to himself or herself, the person's employees or tenants, if the service or commodity is not resold to or used by others,

(e) the Greater Vancouver Water District under the Greater Vancouver Water District Act,

(f) an improvement district or water users' community under the Water Act,

(g) a regional district under the Local Government Act in respect of the service of the supply of water

(i) in bulk to a municipality or electoral area participating in that service, or

(ii) to consumers in a municipality participating in that service,

(h) a person who supplies water by tanker truck,

(i) a person who sells bottled water, or

(j) a strata corporation, if the comptroller is satisfied that the owner developers within the meaning of the Strata Property Act have ceased to own a majority of the strata lots in the strata plan.

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Water restrictions prohibit filled pools
Vernon Morning Star - By Richard Rolke - April 24, 2010

Lee Kazmar, with Pools, Ponds and Waterscapes, is upset with regulations that prevent pools from being filled. Photo
brent mutis/morning star

Anyone with a pool has been left high and dry.

Greater Vernon residents with backyard swimming pools will not be allowed to fill, refill or top them up because of the stage three water restrictions.

“I’m extremely disappointed,” said Stacey Donison, whose pool will be completed this week.

Donison and husband Brad spent about $100,000 for Lee Kazmar to install the pool in their Coldstream backyard.

“It shuts down my company,” said Kazmar, Pools, Ponds and Waterscapes owner, of the restrictions.

“I’ve laid my crew off pending what comes out of this.”

Kazmar says he’s already had an $80,000 contract cancelled because of the rules.

“I can’t build pools because people can’t fill them,” he said, adding that the Donisons’ pool uses a system that doesn’t waste water.

“We use less water per square foot than a lawn.”

North Okanagan Regional District officials defend the decision.

“We are in a water drought and we don’t have the water for those kind of recreational activities,” said Al Cotsworth, utility manager.

“Water from pools evaporates and if you can’t top them up, there’s not much point in starting with them.”

Cotsworth says options for pool owners are using a water hauler, well or lake if it is available to them.

Kazmar believes the pool industry is being treated unfairly.

“I can take my car to a car wash and that person is making money off of it. There has to be some compromise,” he said.

Stacey Donison shares the same concern.

“The restrictions are not being applied evenly,” she said.

Cotsworth admits the decision to ban the filling of pools will be unpopular.

“I am a pool owner and had a big party planned around the pool, so the party will now be around a hole,” he said.

“We’re trying to be proactive because we have quite a situation on our hands.”

This is the earliest stage three water restrictions have ever been implemented and they are a result of low snowpack and reservoir levels. The goal is to try and conserve water for domestic use later in the year.

Regulations will be enforced, and Cotsworth expects the utility will become aware of filled backyard pools either through its conservation staff or public tips.

“Pool parties are hard to dismiss and we’ll be doing an air photo flight soon,” he said, adding the flight has been planned for years as part of scheduled activities.

While private property owners will not be able to fill their pools, the same rules won’t apply to public facilities.

Cotsworth says the parks function will redirect water it has allocated for some parks to public pools to ensure they remain open.

“They just aren’t using that water elsewhere,” he said.

Al McNiven, parks and recreation manager, believes the outdoor pools (Lakeview and Lavington), as well as the indoor pool at the recreation complex, could become important with residential pools shut down.

“For people who want to swim, this gives them the option, along with the beaches,” he said.

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Local Government Grants Act
[RSBC 1996] CHAPTER 275

Contents
Section
1 Grants to local governments and related organizations
2 Repealed
3 Unconditional grants
4 Conditional grants
5 Grants to other bodies
6 Consultation with local governments
7 Power to make regulations
8 Transitional — authority to continue payments under former Acts

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Local Government Grants Act
Local Government Grants Regulations
[includes amendments up to B.C. Reg. 111/2009, March 13, 2009]

*This is only a snippet, please click link for entire Regulation*

Part 4 — Conditional Implementation Grants

Division 1 — Water and Sewage Infrastructure Grants

Eligibility
13 Any municipality, regional district or greater board may apply for a grant under this Division if it

(a) constructs water facilities
or sewage collection and disposal facilities, or

(b) contributes to the cost of constructing facilities that are operated on its behalf or for its benefit by another municipality, regional district or greater board.

Amount of grants
14 (1) The payment of any grant under this Division is subject to an appropriation.

(2) For a grant under this Division,

(a) the minimum amount of the grant is 25% of the capital cost of the facilities, and

(b) the maximum amount of the grant is 50% of the capital cost of the facilities.


(3) Repealed. [B.C. Reg. 135/99, s. 6 (a).]

(4) As an exception to subsection (2), if the minister considers that there are insufficient funds appropriated to make a grant in accordance with those subsections, the minister may consider only part of the cost of the facilities as eligible for a grant.

[am. B.C. Reg. 135/99, s. 6.]

Conditions of grants
15 In addition to any terms and conditions established by the minister, a grant under this Part may be made on one or more of the following conditions:

(a) that, unless the facilities to which the grant relates are completed within the period or by the deadline specified by the minister at the time the grant is approved, or extended by the minister or an authorized official from time to time, the grant will not be paid or will be paid in a lesser amount;

(b) that the local government provides to the minister information and reports respecting the project to which the grant relates as requested by the minister.

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Division 5 — Special Grants

Classes of grants
25 The classes of conditional grants which may be made under this Division are as follows:

(a) special assistance grants, being grants to assist in the resolution of municipal or regional district problems that, in the opinion of the minister, are unusual or unique and for which the minister considers no other means of providing the assistance is available;

(b) regional district supplemental grants, being grants to assist in the provision of services in regional districts that are, in the opinion of the minister, sparsely populated and financially disadvantaged.

Eligibility
26 (1) Any municipality or regional district may apply for a special grant under section 25 (a) of this regulation.

(2) Any regional district may apply for a regional district supplemental grant under section 25 (b) of this regulation.

Amount of grants
27 (1) The payment of any grant under this Division is subject to an appropriation.

(2) The amount of a special grant under section 25 (a) of this regulation is in the discretion of the minister and may be made on one or more of the following bases:

(a) a fixed amount;

(b) a fixed amount per resident multiplied by the population of the jurisdiction;

(c) a percentage of the costs towards which the grant is being paid;

(d) an amount established in relation to assessment in the jurisdiction.

(3) The amount of a regional district supplemental grant under section 25 (b) of this regulation is in the discretion of the minister and may be made on the basis of either or both of the following, subject to the limit that the maximum amount of such a grant that may be paid to a regional district in any one fiscal year is 90% of the amount referred to in section 8 (a) of this regulation:

(a) a fixed amount;

(b) a percentage of the amount referred to in section 8 (a) of this regulation.

Conditions of grants
28 In addition to any terms and conditions established by the minister, a grant under this Division may be made on one or more of the following conditions:

(a) that all or some part of the grant is used for a purpose specified by the minister;

(b) that the local government provides to the minister information and reports respecting the use of the grant as requested by the minister.

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Land Title Act
[RSBC 1996] CHAPTER 250
This Act is current to April 1, 2010

Division 4 — Approval of Subdivision Plans

Time limit for approval and consideration of public interest
85 (1) A subdivision plan must be approved or rejected by the approving officer within 2 months after the date it is tendered for examination and approval or within another period that may be set by the Lieutenant Governor in Council.

(2) If, under subsection (1), the approving officer rejects the subdivision plan, the approving officer must forthwith notify in writing the applicant, or the solicitor or agent of the applicant, of the rejection, stating briefly the reason and the approving officer's requirements, if any.

(3) In considering an application for subdivision approval in respect of land, the approving officer may refuse to approve the subdivision plan if the approving officer considers that the deposit of the plan is against the public interest.

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Local Services Act
Subdivision Regulations
[includes amendments up to B.C. Reg. 4/2010, January 14, 2010]

* This is only a snippett, please click link for entire Act *

Application
Where these regulations apply
1.01 These regulations apply to the subdivision of all land in the Province except land

(a) within a municipality,

(b) regulated by a bylaw under section 938 of the Municipal Act, and

Purpose
Purpose
2.01 The purpose of these regulations is to assist in assuring the safe, healthful, equitable, efficient, economical and attractive subdivision of land for the benefit of the community as a whole.

Regulations apply where there is no bylaw
1.03 Notwithstanding section 1.01 (b), where a bylaw does not regulate a matter covered by these regulations, these regulations apply to that matter.

[en. B.C. Reg. 424/87.]
 
Purpose
2.01 The purpose of these regulations is to assist in assuring the safe, healthful, equitable, efficient, economical and attractive subdivision of land for the benefit of the community as a whole.

Definitions
3.01 In these regulations, unless the context otherwise requires:

"approval" means approval in writing from the authority having jurisdiction; 

"building regulations" means regulation of construction of buildings by a building code adopted pursuant to the Local Services Act or to the Building Regulations Division of the Municipal Act¹; 1. R.S.B.C. 1960-255

"community water system" means a system of waterworks which serves 2 or more parcels and which is owned, operated and maintained by an improvement district under the Water Act or the Municipal Act, or a regional district, or which is regulated under the Water Utility Act;

"potable water" means water which is approved for drinking purposes by the medical health officer in accordance with the Health Act;

Other regulations
4.02 Nothing contained in these regulations shall relieve the owner of a subdivision from the responsibility to seek out and comply with the legislation applicable to his undertaking.

Community water systems
4.09 (1) The design of any community water system to serve the subdivision shall be in accordance with the requirements of any authority having jurisdiction over the system pursuant to

(a) the Health Act and the Water Utility Act,

(b) the Health Act and the Water Act, when an improvement district has an applicable subdivision bylaw pursuant to the Water Act, or

(c) the Health Act and the Municipal Act, when a regional district has an applicable bylaw setting out the terms and conditions of any extension to its community water system,

as the case may be.

(2) The community water system approved pursuant to section 4.09 (1) shall be installed as approved before the subdivision is approved.

(3) Notwithstanding the requirements of section 4.09 (2), a subdivision may be approved prior to the construction of the community water system, provided that an arrangement securing performance of such construction satisfactory to the approving officer has been made with

(a) the Comptroller of Water Rights (under the Water Utility Act),

(b) an improvement district having an applicable subdivision bylaw adopted pursuant to the Water Act, or

(c) a regional district having an applicable bylaw setting out the terms and conditions of any extension to its community water system,

as the case may be, but in no case shall the subdivision be approved before the plans for the community water system have been approved.

"potable water" means water which is approved for drinking purposes by the medical health officer in accordance with the Health Act;

Access to navigable waters
5.06 When a subdivision borders on the shore of navigable waters, access shall be given in accordance with the requirements of the Land Title Act.

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Interpretation Act
[RSBC 1996] CHAPTER 238

This Act is Current to March 24, 2010

* These are just snippets

1 In this Act, or in an enactment:

"Act" means an Act of the Legislature, whether referred to as a statute, code or by any other name, and, when referring to past legislation, includes an ordinance or proclamation made before 1871, that has the force of law;

"regulation" means a regulation, order, rule, form, tariff of costs or fees, proclamation, letters patent, commission, warrant, bylaw or other instrument enacted

(a) in execution of a power conferred under an Act, or

(b) by or under the authority of the Lieutenant Governor in Council,

but does not include an order of a court made in the course of an action or an order made by a public officer or administrative tribunal in a dispute between 2 or more persons;

Application
2 (1) Every provision of this Act applies to every enactment, whether enacted before or after the commencement of this Act, unless a contrary intention appears in this Act or in the enactment.

(2) The provisions of this Act apply to this Act.

(3) Nothing in this Act excludes the application to an enactment of a rule of construction applicable to it and not inconsistent with this Act.

Expressions defined
29 In an enactment:

"acquire" means to obtain by any method and includes accept, receive, purchase, be vested with, lease, take possession, control or occupation of, and agree to do any of those things, but does not include expropriate;

"dispose" means to transfer by any method and includes assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest, release and agree to do any of those things;

"electoral district" means an electoral district referred to in section 18 of the Constitution Act;

"government" or "government of British Columbia" means Her Majesty in right of British Columbia;

"property" includes any right, title, interest, estate or claim to or in property;

"regional district" means a regional district as defined in the Local Government Act;

"right" includes a power, authority, privilege and licence;

Citation includes amendments
32 In an enactment a reference to another enactment of the Province or of Canada is a reference to the other enactment as amended, whether amended before or after the commencement of the enactment in which the reference occurs.

Government bound by enactments; exception
14 (1) Unless it specifically provides otherwise, an enactment is binding on the government.

(2) Despite subsection (1), an enactment that would bind or affect the government in the use or development of land, or in the planning, construction, alteration, servicing, maintenance or use of improvements, as defined in the Assessment Act, does not bind or affect the government.

Definitions in Community Charter and Local Government Act apply to other enactments
40 (1) So far as the terms defined can be applied, the definitions established by or applicable under

(a) the schedule to the Community Charter, and

(b) section 5 of the Local Government Act

extend to all enactments relating to municipal and regional district matters.

(2) As an exception, subsection (1) does not apply in relation to the definition of "municipality" in the Community Charter.

Mutatis mutandis
44 If an enactment provides that another enactment applies, it applies with the necessary changes and so far as it is applicable.

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GI-022 Application of the GST/HST to Sales of Water

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For Water Haulers

Sales of unbottled water provided by water haulers are exempt. Therefore, water haulers do not collect the GST/HST on amounts charged for unbottled water (potable or non-potable).

Public service body (PSB) rebate
A water hauler may apply to be designated as a municipality by the Canada Revenue Agency (CRA) in respect of activities specified in the designation.

Source - Canada Revenue Agency

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Bulk or unbottled water Sch. VI, Part III, para 1(r)
35. Supplies of bulk or unbottled water, other than ice, are excluded from zero-rating except when supplied as described in paragraph 37 of this memorandum.

Supplies by commercial haulers Sch. V, Part VI, s 23
39. All supplies of unbottled water made by commercial water haulers are exempt under section 23 of Part VI of Schedule V. However, the supply of unbottled water by a government (other than a municipality) is taxable unless the government is designated as a municipality for this purpose or the supply is zero-rated as described in the above paragraph. Please refer to GST/HST Info Sheet GI-011, Water Haulers for more information on this topic.

Flavoured water or carbonated water is taxable it says.

Source - Canada Revenue Agency

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Paragraph 8. Pipes for plumbing, heating and air-conditioning equipment which  are integral and component parts of a building are included with the cost of  the building as property of the same CCA class as that of the building.
Similarly, short lines of pipe which form an integral and component part of a structure will be included in the same CCA class as that of the structure
(meaning, Class 1(q), 41, 43, 43.1 or 8). In addition, provided that they may  reasonably be considered an integral and component part of the equipment,  short lines of pipes running between pieces of equipment may be capitalized as part of the cost of the particular equipment. As a result, these short pipes will qualify for inclusion in the same CCA class as that of the equipment.
Examples of possible CCA classes that equipment (including short pipes) may qualify for inclusion in, depending on whether the requirements of the class are met, are: Class 41, 43, 43.1 or 8.

Pipelines installed and owned by a taxpayer that run from a building to the
boundary of the taxpayer's property, or pipelines which are not an integral
part of a building, structure, machinery or equipment, will (subject to the
comments in paragraphs 6 and 7) usually be included in Class 1(l)
. However,  where the costs of such lines are insignificant, the CCRA will accept their inclusion as component parts of the building.

For a discussion of the CCA classes applicable to buildings including
component parts thereof, refer to the current version of Interpretation
Bulletin IT-79, Capital Cost Allowance - Buildings or Other Structures.

Note: Appendix C of the Explanatory Notes Relating to Income Tax issued by the  Department of Finance with the Notice of Ways and Means Motion tabled in the  House of Commons on March 16, 2001 proposes to add a new paragraph (a.1) to  Class 17. If this addition is enacted as proposed, production and distribution equipment (other than buildings and other structures) of a distributor of water or steam used for heating or cooling will be included in Class 17 (8% CCA rate) rather than in Class 1 (4% CCA rate). Such equipment includes pipe used to collect or distribute an energy transfer medium, but excludes equipment or pipe used to distribute water that is for consumption, disposal or treatment. The new paragraph will apply to equipment acquired after February 27, 2000 that has not been used or acquired for use prior that date.
It is also proposed that a consequential amendment will be made to the
preamble in Class 8 to exclude property included in Class 17.

Utilities Service Connections

Paragraph 10. An amount paid by a taxpayer for pipes that will supply gas, water or sewers to the taxpayer's place of business may be a deduction from the taxpayer's income from a business under paragraph 20(1)(ee), depreciable property included in Class 1(l), or an "eligible capital expenditure", as the case may be. Paragraph 20(1)(ee) cannot apply if a taxpayer owns or will own the pipe that is used in making the service connection. Title to the pipe sometimes vests in the taxpayer if it is within the boundaries of the taxpayer's property and, if this is the case, the pipe will usually be included in Class 1(l) as depreciable property (see paragraph 8). Where a service connection is made and title to part of it passes to the taxpayer, for example-where a service connection is laid both inside and outside the boundaries of the taxpayer's land and the taxpayer has title only to that part of the pipe which is within the boundaries of the taxpayer's land, a reasonable apportionment of the cost is required and only the portion attributable to the part of the pipe for which title has not passed will be deductible under paragraph 20(1)(ee) (if the other requirements of that provision are met).


Where a taxpayer owns a rental property to which service connections are made, it is a question of fact whether the rental income can be considered to be income from property or income from business (see the current version of Interpretation Bulletin IT-434, Rental of Real Property by Individual). Only if the income is from a business will the costs of the service connection qualify for a deduction under paragraph 20(1)(ee) (if the other requirements of that provision are met). In addition, the amount paid for a service connection must be made to a person with whom the taxpayer deals at arm's length and that person must also supply the goods or services for which the service connection has been made (although no amount is deductible under paragraph 20(1)(ee) for the cost of supplying those goods or services). Where the cost of a service connection does not qualify for a deduction under paragraph 20(1)(ee), or as depreciable property or inventory (see paragraph 9), the cost may qualify as an "eligible capital expenditure". For further information, see the current version of Interpretation Bulletin IT-143, Meaning of Eligible Capital Expenditure.

http://www.cra-arc.gc.ca/E/pub/tp/it482r/it482r-e.txt

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Constitution Acts, 1867 to 1982 *snippetts*

IV. LEGISLATIVE POWER
Constitution of Parliament of Canada

17. There shall be One Parliament for Canada, consisting of the Queen, an Upper House styled the Senate, and the House of Commons.

Privileges, etc., of Houses

18. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof.(8)

First Session of the Parliament of Canada

Money Votes; Royal Assent
Appropriation and Tax Bills
53. Bills for appropriating any Part of the Public Revenue, or for imposing any Tax or Impost, shall originate in the House of Commons.

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Local Government Act (This Act is Current to May 27, 2009)
[RSBC 1996] CHAPTER 323
Part 6 — Challenge and Enforcement of Bylaws
Division 2 — Challenge of Bylaws

Right of action on illegal bylaw
265 (1) If

(a) all or part of a bylaw is illegal, and

(b) anything has been done under the bylaw that, because of the illegality, gives a person a right of action,

the action must not be brought until the end of the time period under subsection (2).

(2) An action referred to in subsection (1) must not be brought until

(a) one month after all or part of the bylaw has been set aside, and

(b) one month's notice has been given to the municipality.

(3) An action referred to in subsection (1) must be brought against the municipality only, and not against a person acting under the bylaw.

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Petitions to council
82 (1) A petition to a council is deemed to be presented to council when it is filed with the corporate officer.

(2) A petition to a council must include the full name and residential address of each petitioner.

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Local Government Act (This Act is Current to May 27, 2009)
[RSBC 1996] CHAPTER 323
Division 4 — Services and Powers

Petition for electoral area 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) Each page of a petition referred to in subsection (1) must do the following:

(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;

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

(3) In order for a petition to be certified as sufficient and valid for the purposes of this section,

(a) the petition must be signed by the owners of at least 50% of the parcels liable to be charged for the proposed service, and

(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the proposed service area.

(4) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter applies to a petition under this section.

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Community Charter (This Act is Current to May 27, 2009)
[SBC 2003] CHAPTER 26
Division 5 — Local Service Taxes

Authority for local area services
210 (1) A local area service is a municipal service that is to be paid for in whole or in part by a local service tax under section 216 [local service taxes].

(2) The only services that may be provided as local area services are

(a) services that the council considers provide particular benefit to part of the municipality, and

(b) business improvement area services under section 215 [business improvement areas].

(3) Nothing in this Division restricts a municipality from recovering part of the costs of a local area service by means of any other source of municipal revenue.

Requirements for establishing a local area service
211 (1) A municipality must adopt a bylaw to establish a local area service, and may only do this if

(a) the service and its cost recovery methods have been proposed by petition in accordance with section 212 [petition for local area service],

(b) the service and its cost recovery methods have been proposed by council initiative in accordance with section 213 [local area service on council initiative — subject to petition against], or

(c) the bylaw has received assent of the electors in accordance with section 214 [local area service on council initiative — subject to elector assent].

(2) The bylaw establishing a local area service must

(a) describe the service,

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

(c) identify the methods of cost recovery for the service, including the form of local service tax and the portion of the costs of the service that are to be recovered by the local service tax, and

(d) if applicable, identify the portion of the costs of the service that are to be recovered by a general property tax.

(3) If the minister exercises authority under section 137 (2) [power to amend or repeal bylaws] in relation to a bylaw establishing a local area service, the restriction in subsection (1) of this section does not apply.

Petition for local area service
212 (1) The persons who may petition for a local area service are the owners of parcels that would be subject to the local service tax for the service.

(2) Each page of a petition for a local area service must do the following:

(a) describe the service in general terms;

(b) define the boundaries of the local service area;

(c) provide an estimate of the costs of the service;

(d) if it is proposed that the municipality borrow for the purposes of the service and all or part of the costs of the borrowing are to be recovered by means of the local service tax, indicate

(i) the total amount proposed to be borrowed under the bylaw,

(ii) the maximum term for which the debentures may be issued, and

(iii) the portion of those costs that are to be recovered by a local service tax;

(e) indicate the proposed methods of cost recovery for the service, including the form of local service tax and the portion of the costs of the service that are to be recovered by the local service tax;

(f) if applicable, indicate what portion of the costs are proposed to be recovered by a general municipal tax;

(g) include any other information that council requires.

(3) In order for a petition for a local area service to be certified as sufficient and valid,

(a) the petition must be signed by the owners of at least 50% of the parcels that would be subject to the local service tax, and

(b) the persons signing must be the owners of parcels that in total represent at least 50% of the assessed value of land and improvements that would be subject to the local service tax.

(4) The corporate officer must determine the sufficiency and validity of a petition to a council and must certify this determination.

(5) A certified determination under subsection (4) is final and conclusive.

(6) The following apply for the purposes of a petition under this section:

(a) if 2 or more persons are owners of a parcel,

(i) they must be considered as one owner only,

(ii) they are not entitled to petition unless a majority of them concurs, and

(iii) unless a petition is signed by a majority of them, their signatures must be disregarded in determining whether the petition is sufficient;

(b) a person who would be liable for a local service tax by reason of being the holder or occupier of land held in the manner referred to in Division 8 [Tax Liability of Occupiers] of this Part may sign the petition as if the person were the owner;

(c) in relation to persons referred to in paragraph (b), in computing the values of the land and improvements, only the assessed value of the person's interest in them is to be used.

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Community Charter (This Act is Current to May 27, 2009)
[SBC 2003] CHAPTER 26
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.

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These two bylaws say they were read third time and adopted the same date of May 14, 2009

Item 1.3 RDCO Bylaw No. 1257.pdf
Water Service Area Temporary Borrowing Bylaw $6 Million

Item 1.4 RDCO Bylaw No. 1258.pdf
Service Area Parcel Tax Commutation

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Community Charter (This Act is Current to May 27, 2009)
[SBC 2003] CHAPTER 26

Division 3 — Bylaw Procedures

Requirements for passing bylaws
135 (1) Before a bylaw is adopted by a council, it must be given 3 readings by the council.

(2) Subject to this section and the applicable procedure bylaw, a bylaw may be given up to 3 readings at one meeting of council.

(3) There must be at least one day between the third reading and the adoption of a bylaw.

(4) If this or another Act requires that a bylaw receive

(a) approval of the Lieutenant Governor in Council, a minister or the inspector, or

(b) approval of the electors or assent of the electors,

the approval or assent must be obtained after the bylaw has been given third reading and before it is adopted.

(5) If a bylaw is subject to both requirements referred to in subsection (4), the approval referred to in subsection (4) (a) must be obtained before the bylaw is submitted for the approval or assent referred to in subsection (4) (b).

(6) Once a bylaw is adopted,

(a) the council member presiding at the meeting at which it was adopted, and

(b) the corporate officer

must sign the bylaw.

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Community Charter (This Act is Current to May 27, 2009)
[SBC 2003] CHAPTER 26
Division 4 — Public Notice and Access to Records

Other records to which public access must be provided
97 (1) The following municipal records, or copies of them, must be available for public inspection:

(a) all bylaws and all proposed bylaws that have been given first reading;

(b) all minutes of council meetings, other than a meeting or part of a meeting that is closed to the public;

(c) all minutes of meetings of bodies referred to in section 93 [application of rules to other bodies], other than a meeting or part of a meeting that is closed to the public;

(d) the annual municipal report under section 98;

(e) all disclosure statements under section 106 [disclosure of gifts];

(f) the report under section 168 [council remuneration, expenses and contracts];

(g) the written disclosures referred to in section 6 (1) [disclosures by council members and nominees] of the Financial Disclosure Act;

(h) any applicable agreements under section 9 (5) [concurrent authority agreements].

(2) The obligation under subsection (1) is met if the record is made available at the municipal hall within 7 days after it has been requested.

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Community Charter (This Act is Current to May 27, 2009)
[SBC 2003] CHAPTER 26
Division 7 — Other Matters

Certified copies of municipal records
162 The corporate officer must provide a copy of all or part of a record of the municipality, certified by the corporate officer, if

(a) the person requesting the copy pays the fee set by the council, and

(b) the person is entitled under the Freedom of Information and Protection of Privacy Act, or is otherwise permitted, to inspect the record or part for which the copy is requested.

Evidence of municipal bylaws and other records
163 (1) Judicial notice must be taken of municipal bylaws.

(2) A printed document purporting

(a) to be a copy of a municipal bylaw, and

(b) to be printed by authority of the council of the municipality

must be admitted in evidence as proof, in the absence of evidence to the contrary, of the bylaw and of the fact of its adoption.

(3) A copy of a bylaw, resolution or other record of a municipality certified by the corporate officer as a true copy of the original must be admitted in evidence as proof, in the absence of evidence to the contrary, of the bylaw, resolution or other record, without further proof of the record, of the signature or of the official position of the person signing the copy.

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British Columbia Central Interior Development S.B.C. 1949, c.7

http://www.bccls.bc.ca/pdf_files/B_Table_Local&Private_BCActs.pdf

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"personal information" means recorded information about an identifiable individual other than contact information;

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"judicial review" is the investigation and determination by a court of the legal validity of an act, decision, instrument or transaction, of a question of vires (powers), jurisdiction, concerning an obligation to observe the rules of natural justice or 'act fairly', or concerning principles which should be observed when statutory discretion is exercised [DCL].

A court has the power under the Judicial Review Procedure Act to review actions or decisions by the Commissioner in relation to the exercise or purported exercise of her/his statutory powers of decision (powers or rights conferred by law to make a decision.) It is not an appeal procedure and does not provide a review of questions of fact.

(Judicial review is distinct from an adjudicator's review of any decision, act, failure to act by Commissioner as the head of a public body.)

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[Option 1: Access Available]

I am pleased to inform you that access is available to [specify records].

[Option 1.2: Applicant may view originals as requested]
You requested to examine the original records rather than receive copies. We invite you to examine the record(s) at [address] on [date] at [time]. If you are unable to examine the records at that time, please contact [name and telephone number] to arrange an alternate appointment.

[Option 1.3: Applicant cannot copy, but may view originals]

The record that is available to you cannot be copied. We invite you to examine the record at [address] on [date] at [time]. If you are unable to examine the records at that time, please contact [name and telephone number] to arrange an alternate appointment.

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Where an enactment is repealed in whole or in part, the repeal does not

(b) affect the previous operation of the enactment so repealed or anything done or suffered under it;

(c) affect a right or obligation acquired, accrued, accruing or incurred under the enactment so repealed; …

http://www.ecb.gov.bc.ca/decision/8491051.htm

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(e) Interest

The interest rate applicable on the award is governed by the legislation in force during the time interest is payable.

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7.3 Retrospectivity

I am of the opinion that s. 35 of the Interpretation Act is conclusive support for the respondent's argument that neither The Department of Highways and Public Works, Act nor the Department of Transportation and Highways Act, in any way revived the claim which was extinguished pursuant to s. 20 of the Department of Highways Act (1960).

If s. 35 of the Interpretation Act is not sufficient to settle the matter, then Allard Contractors Ltd. v. British Columbia Hydro & Power Authority (1991), 45 L.C.R. 89 (B.C.S.C.) and Martin v. Perrie et al (1986), 24 D.L.R. (4th) 1 (S.C.C.) are authority for the principle that explicit language is required in replacement legislation if it is to revive a claim which expired under the previous legislation. No such language is found in either of the replacement enactments.

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The Resumes are reports of the decisions of the Lieutenant Governor in Council and Ministers. The Resumes are issued for informational purposes only.

Orders in Council are official documents implementing Government decisions concerned with the day-to-day operation of the Province.

The Resumes include the Order in Council identifying number; the originating Ministry; the name of the Act which provides the authority for the Order; and a resume of the subject matter.

From time to time, Orders are made by a Minister that do not require the approval of the Lieutenant Governor in Council.

These Orders will be included in the Resumes under a separate heading entitled “Ministerial Orders.”

A format similiar to Orders in Council will be followed indicating the number, date, ministry responsible, statutory authority and a brief resume of the subject matter.

It is hoped that this information regarding Orders in Council will prove to be of benefit to you and the people of British Columbia.

More about orders in council

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In 1964 the provincial government created regional districts, through amendments to the Municipal Act, to better coordinate regional issues and provide community services to unincorporated areas.

http://en.wikipedia.org/wiki/Geography_of_British_Columbia

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Regional District of Central Okanagan
Subdivision bylaw #82, 1974

It says that in 1974 water was required by a community system or a well if you have 4 gpm, which Valley of the Sun subdivision was approved in 1970, so this bylaw came after.  Still trying to get previous bylaws.

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Subdivision/Severance of Land

Despite B.C.’s long history with the Torrens system, the subdivision of land was not initially viewed as a matter of public interest and, accordingly, early land registration statutes did not require subdivisions be approved by governmental authority. In 1906, the legislature intervened with the Land Registry Act which provided for the first municipal controls affecting subdivisions. Presently in B.C., subdivisions must comply with Part 7 of the Land Title Act. Subdivision (which includes land assembly) is granted by the approving officer of a municipality and, in rural areas, has historically been subject to approval by an approving officer employed by the Minister of Transportation.

The Land Title Act sets out matters to be considered by the approving officer on an application for subdivision approval. Two main considerations are compliance with an official community plan regarding land use designation, flood plain and protected watercourses and, secondly, compliance with the subdivision and zoning by-laws which set the standards for lot size, shape, density, services and access. Rezoning, if required, must be completed prior to subdivision approval. A developer must show that the proposed development will have adequate services for sanitary sewage and storm water disposal, water, roads, sidewalks, street lights, etc., all at the developer’s cost. Other considerations when reviewing a subdivision include, but are not limited to, provision of adequate buildable area on each lot, adequate roads, lanes and emergency access, accommodation of future road plans, adequate parks, open spaces and walkways, preservation of natural features and views, compatibility of subdivision pattern with the neighbourhood and the protection of future subdivision potential. The approving officer ensures that all appropriate governmental agencies, such as Fisheries and Oceans or the Ministry of Transportation, as well as utility entities, are notified of the proposed subdivision and that adequate professional reports are obtained for any areas of concern. The approving officer exercises a great deal of discretion and while the decision can be challenged, the Courts generally defer to the approving officer.

Since by-laws are subject to change at any time, the Local Government Act essentially freezes by-law amendments relating to a subdivision for a period of 12 months following the submission of an application for preliminary approval of a subdivision plan.

Source: Variances and Similarities in The British Columbia Framework Greg Umbach & Tanya Sadlo 3/1/2006

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B.C. Reg. 183/59

O.C. 1171/59

Local Services Act

General Regulation

Whereas it is considered desirable and expedient that community planning be available throughout the Province of British Columbia to ensure orderly development;

And whereas, pursuant to the provisions of the Local Services Act, the Lieutenant Governor in Council may, upon the recommendation of the Minister of Municipal Affairs, establish any area of the Province not incorporated as a city, town, village or district municipality as a local area for the preparation of community plans by the application of Divisions (1) and (6) of Part XXI of the Municipal Act
¹ and the regulation of land use, zoning, subdivision control and the construction of buildings or structures of any kind by the application of Divisions (2), (3), (4) and (5) of Part XXI of the Municipal Act¹;

And whereas pursuant to the provisions of the Town Planning Act², certain areas of the Province were established as regulated areas for the purpose of community planning;

And whereas under the provisions of the Local Services Act, certain areas of the Province were established as local areas for the purpose of community planning;

And whereas the said regulated areas and local areas should be included within the local area established by this order;

1 Pursuant to sections 2 (a) and (k) and 3 of the Local Services Act, all those lands lying within the territorial limits of the Province of British Columbia, save and except those portions thereof which lie within the corporate limits of a city, town, village or district municipality are established as a local area under the name of "Provincial Community Planning Local Area" for the following purposes:

(a) the preparation of community plans by the application of Divisions (1) and (6) of Part XXI of the Municipal Act
¹;

(b) the regulation of land use, zoning, subdivision control and construction of buildings or structures of any kind by the application of Divisions (2), (3), (4) and (5) of Part XXI of the Municipal Act1.

2 The Minister of Municipal Affairs may designate any area of the said Provincial Community Planning Local Area as a community planning area wherein regulations for community planning may be imposed and may extend, alter or dissolve such community planning areas and may merge two or more such community planning areas.

3 The regulations authorized to be imposed by the said minister in any such community planning area shall be deemed to be those authorized under Divisions (1) to (6), inclusive, of Part XXI of the Municipal Act
¹, and the minister may make specific regulations for each community planning area.

4-5 Spent.

6 The Zoning Board of Appeal of each of the said regulated areas or local areas is hereby dissolved and reconstituted the Zoning Board of Appeal of the corresponding community planning area established under this order, and the members of the said Zoning Board of Appeal shall continue in office until the expiry of the term of their respective appointments.

7 The Zoning Boards of Appeal of the said re-established community planning areas shall have the duties and powers of Zoning Boards of Appeal constituted pursuant to the provisions of Division (3) of Part XXI of the Municipal Act³.

1. References are to Divisions (1) to (6) of Part XXI of S.B.C. 1957, c. 42.
2. Reference is to Town Planning Act, R.S.B.C. 1948, c.339
3. Reference is to Division (3) of Part XXI of S.B.C. 1957, c. 42.

[Provisions of the Local Services Act, R.S.B.C. 1996, c. 276, relevant to the enactment of this regulation: sections 2 and 3]

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Local Services Act

[RSBC 1996] CHAPTER 276

Services in local areas

2 (1) On the recommendation of the minister, the Lieutenant Governor in Council may establish an area of British Columbia not incorporated as a municipality as a local area for one or more of the following purposes:

(a) the preparation of official community plans by the application of Division 2 of Part 26 of the Local Government Act for the local area, and in that event the minister may exercise, in respect of the local area, any of the powers exercisable under that Division by a municipal council or regional district board;

(b) the provision of public comfort stations;

(c) the provision of home nursing care;

(d) the provision of garbage collection and disposal;

(e) the provision of ambulance service;

(f) the provision of fire protection service;

(g) the provision of property for pleasure, recreation or community uses of the public;

(h) the conservation of heritage property;

(i) the provision of assistance toward the establishment of homes for senior citizens;

(j) the regulation of business with respect to hours of closing, and in that event the minister may exercise, in respect of the local area, any of the powers exercisable by a council under or in relation to section 8 (6) [fundamental powers — business] of the Community Charter;

(k) the regulation of the

(i) use and subdivision of land by the application of
Divisions 4 to 11 of Part 26 of the Local Government Act [Planning and Land Use Management],

(ii) construction of buildings and other structures by the application of Part 21 of the Local Government Act [Building Regulations], and

(iii) conservation of heritage property by the application of Part 27 of the Local Government Act.

(2) If an area is established as a local area under subsection (1), the minister may exercise, in respect of the local area or any part of it, any of the powers exercisable by a council or regional district board under

(a) the applicable provision referred to in that subsection,

(b) section 796 [general authority for services] of the Local Government Act, as that section applies in relation to the applicable provision referred to in subsection (1), and


(c) the following provisions of the Local Government Act, as those sections read immediately before the date the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003 came into force:

section 530 [special authority in relation to highways];

section 704 [regulation of animal nuisances];

section 724 [noise control];

section 725 [nuisances and disturbances];

section 728 (1) (e) [regulation of fireworks].

 

Setting up local area

3 (1) An order establishing a local area must include the following:

(a) the name and legal boundaries of the local area;

(b) the local service or services that may be provided;

(c) other provisions and conditions the Lieutenant Governor in Council thinks proper and necessary.

(2) An order extending a local area must include the extended legal boundaries of the area.

(3) An order merging 2 or more local areas must include the following:

(a) the name and legal boundaries of the resulting local area;

(b) a list of the regulations, if any, that continue in effect in the resulting local area, or in any part of it, until altered or repealed by the minister;

(c) other provisions and conditions the Lieutenant Governor in Council thinks proper and necessary.

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Local Government Act
[RSBC 1996] CHAPTER 323

Part 26 — Planning and Land Use Management

Division 1 — General

Definitions

872 In this Part:

"adopt", in relation to a bylaw or an official community plan, includes an amendment or repeal;

"density", in relation to land, a parcel of land or an area, means

(a) the density of use of the land, parcel or area, or

(b) the density of use of any buildings and other structures located on the land or parcel, or in the area;

"subdivision" means

(a) a subdivision as defined in the Land Title Act, and


(b) a subdivision under the Strata Property Act.


Authority under Part

873 Unless express authority is given by another provision of this Part,

(a) the authority of a municipality under this Part is limited to the municipality, and

(b) the authority of a regional district under this Part is limited to that part of the regional district that is not in a municipality.


Rural land use bylaws

873.1 (1) A rural land use bylaw adopted under section 886 [repealed], before that section was repealed by the Local Government Statutes Amendment Act, 2000, is deemed to be a general bylaw under section 138 [municipal codes and other general bylaws] of the Community Charter.

(2) The provisions of a rural land use bylaw are deemed to be provisions of an official community plan, zoning bylaw or subdivision servicing bylaw, as applicable depending on their nature, included in a general bylaw.

(3) Section 876 (2) (a) [OCP to be included as schedule to adopting bylaw] does not apply to a rural land use bylaw.
 

Ministerial orders

874 (1) If a bylaw has been enacted by a local government under Division 2 [Official Community Plans], 7 [Zoning and Other Development Regulation], 9 [Permits and Fees] or 11 [Subdivision and Development Requirements] of this Part, and the minister believes that all or part of the bylaw is contrary to the public interest of British Columbia, the minister may notify the local government

(a) of the minister's objections to the bylaw or a plan, and

(b) that the council or the board must, within 90 days after receipt of the notice, alter the bylaw or plan accordingly.

(2) If the local government does not alter the bylaw or plan in accordance with the notice, the minister may, with the prior approval of the Lieutenant Governor in Council, order the bylaw or plan to be altered in accordance with the notice.

(3) On the date of an order of the minister under subsection (2), the bylaw or plan is conclusively deemed to be altered in accordance with the notice.

(4) An order of the minister under subsection (2) is final and binding.


 

Division 2 — Official Community Plans

Purposes of official community plans

75 (1) An official community plan is a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan, respecting the purposes of local government.

(2) To the extent that it deals with these matters, an official community plan should work towards the purpose and goals referred to in section 849 [regional growth strategy goals].



Authority to adopt by bylaw

876 (1) A local government may, by bylaw, adopt one or more official community plans.

(2) An official community plan

(a) must be included in the adopting bylaw as a schedule, and

(b) must designate the area covered by the plan.

(3) In developing an official community plan, the local government must consider any applicable guidelines under section 870 [provincial policy guidelines].

Required content

877 (1) An official community plan must include statements and map designations for the area covered by the plan respecting the following:

(a) the approximate location, amount, type and density of residential development required to meet anticipated housing needs over a period of at least 5 years;

(b) the approximate location, amount and type of present and proposed commercial, industrial, institutional, agricultural, recreational and public utility land uses;

(c) the approximate location and area of sand and gravel deposits that are suitable for future sand and gravel extraction;

(d) restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development;

(e) the approximate location and phasing of any major road, sewer and water systems;

(f) the approximate location and type of present and proposed public facilities, including schools, parks and waste treatment and disposal sites;

(g) other matters that may, in respect of any plan, be required or authorized by the minister.

(2) An official community plan must include housing policies of the local government respecting affordable housing, rental housing and special needs housing.

(3) An official community plan must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the local government proposed with respect to achieving those targets.

 

Policy statements in community plans

878 (1) An official community plan may include the following:

(a) policies of the local government relating to social needs, social well-being and social development;

(b) a regional context statement, consistent with the rest of the community plan, of how matters referred to in section 850 (2) (a) to (c), and other matters dealt with in the community plan, apply in a regional context;

(c) policies of the local government respecting the maintenance and enhancement of farming on land in a farming area or in an area designated for agricultural use in the community plan;

(d) policies of the local government relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity.

(2) If a local government proposes to include a matter in an official community plan, the regulation of which is not within the jurisdiction of the local government, the plan may only state the broad objective of the local government with respect to that matter unless the minister has, under section 877 (1) (g), required or authorized the local government to state a policy with respect to that matter.

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Local Government Act
[RSBC 1996] CHAPTER 323
Part 25 — Regional Growth Strategies

Provincial policy guidelines

870 (1) The minister may establish policy guidelines regarding the process of developing and adopting regional growth strategies and official community plans.

(2) The minister, or the minister together with other ministers, may establish policy guidelines regarding the content of regional growth strategies and official community plans.

(3) Guidelines under subsection (1) or (2) may only be established after consultation by the minister with representatives of the Union of British Columbia Municipalities.

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Local Government Act
[RSBC 1996] CHAPTER 323
Part 25 — Regional Growth Strategies

Content of regional growth strategy

850 (1) A board may adopt a regional growth strategy for the purpose of guiding decisions on growth, change and development within its regional district.

(2) A regional growth strategy must cover a period of at least 20 years from the time of its initiation and must include the following:

(a) a comprehensive statement on the future of the region, including the social, economic and environmental objectives of the board in relation to the regional district;


(b) population and employment projections for the period covered by the regional growth strategy;

(c) to the extent that these are regional matters, actions proposed for the regional district to provide for the needs of the projected population in relation to

(i) housing,

(ii) transportation,

(iii) regional district services,

(iv) parks and natural areas, and

(v) economic development;


(d) to the extent that these are regional matters, targets for the reduction of greenhouse gas emissions in the regional district, and policies and actions proposed for the regional district with respect to achieving those targets.

(3) In addition to the requirements of subsection (2), a regional growth strategy may deal with any other regional matter.

(4) A regional growth strategy may include any information, maps, illustrations or other material.

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Local Government Act
[RSBC 1996] CHAPTER 323
Part 26 — Planning and Land Use Management

Required content

877 (1) An official community plan must include statements and map designations for the area covered by the plan respecting the following:
(g) other matters that may, in respect of any plan, be required or authorized by the minister.

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Community Charter
[SBC 2003] CHAPTER 26
Part 5 — Municipal Government and Procedures

Municipal codes and other general bylaws

138 (1) Unless otherwise provided, a council may, by a single bylaw, exercise any number of its powers to act by bylaw.

(2) A bylaw under subsection (1), or an equivalent bylaw created by consolidation under section 139 or revision under section 140, is subject to all requirements that would apply to the exercise of the powers by separate bylaws.

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BILL 14 -- 2000
LOCAL GOVERNMENT
STATUTES AMENDMENT ACT, 2000

 

2 Section 5 is amended

(a) by repealing the definition of "counter petition opportunity" and substituting the following:

"counter petition opportunity" means an opportunity for electors to petition against a proposed bylaw, action or other matter in accordance with Division 5 of Part 4 [Other Voting -- Counter Petition Opportunities] [Repealed 2003-52-185]; ,

(b) by adding the following definition:

"establishing bylaw" means an establishing bylaw under section 517.1 [municipal] or 800 [regional district]; ,

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

(h) by adding the following definition:

"rural land use bylaw" means a bylaw referred to in section 873.1; ,

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

(i) by repealing the definition of "security issuing bylaw" and substituting the following:

"security issuing bylaw" means a security issuing bylaw under section 335.3 [municipal] or 819 [regional district]; , and

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

(j) by repealing the definition of "service" and substituting the following:

"service" in relation to a municipality or regional district means

(a) activities, works or facilities undertaken or provided by or on behalf of the municipality or regional district, and

(b) the exercise of regulatory authority under Part 15 [Municipal Services], section 796.2 [general authorities in relation to services] or section 797 [Part 15 powers equivalent to municipalities]; .

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Local Government Act
[RSBC 1996] CHAPTER 323
Part 24 — Regional Districts

Application of Community Charter borrowing and liability provisions

819 (1) The following provisions of the Community Charter apply to regional districts:

section 175 [liabilities under agreements];

section 176 [liabilities imposed under prescribed enactments];

section 179 [loan authorization bylaws for long term borrowing].

(2) For the purposes of obtaining the approval of the electors under section 175 of the Community Charter [Liabilities under agreements], the electors are the electors of the service area in respect of which the liability is to be incurred.

(3) In relation to section 179 (1) (g) of the Community Charter as it applies under subsection (1), the reference to carrying out works referred to in section 32 (3) [expropriation or damage to property] of that Act is to be read as a reference to works referred to in section 311 [entry on land to mitigate damage] of this Act.
 

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Local Government Act
[RSBC 1996] CHAPTER 323
Part 8 — Special Powers Relating to Property

Authority in relation to services

310 (1) Without limiting section 309 [expropriation power], a regional district may, for the purposes of one or more of its services, enter on, break up, alter, take or enter into possession of and use real property.

(2) If a regional district exercises an authority to provide a service outside the regional district, the power under subsection (1) applies to property outside the regional district in relation to that service.

(3) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property] of the Community Charter, as that section applies under section 314.1 [authority to enter on or into property] of this Act.

 

Entry on land to mitigate damage

311 (1) If a board considers that real property may be injuriously affected by the exercise of a board power, the regional district may enter on real property and undertake works of construction, maintenance or repair in mitigation of injury done or anticipated, or in reduction of compensation.

(2) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property] of the Community Charter, as that section applies under section 314.1 [authority to enter on or into property] of this Act.

Compensation for expropriation and other actions
312 (1) Unless expressly provided otherwise, if a regional district expropriates real property or works under this or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any benefit that the person claiming the compensation may derive from the work resulting from the expropriation.

(2) If a regional district

(a) exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and

(b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act,

compensation is payable for any loss or damages caused by the exercise of the power.


(3) For the purposes of subsection (2), compensation must be paid as soon as reasonably possible in an amount set

(a) by agreement between the person claiming the compensation and the regional district, or

(b) if no agreement is reached, by the Supreme Court.


Repealed
313 [Repealed 2003-52-252.]

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Community Charter
[SBC 2003] CHAPTER 26
Part 6 — Financial Management

Liabilities under agreements

175 (1) A council may, under an agreement, incur a liability 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.

(2) Subject to subsections (4) and (5), if an agreement under subsection (1) is

(a) for more than 5 years, or

(b) for a period that could exceed 5 years by exercising rights of renewal or extension,

the council may only incur the liability with the approval of the electors.

(3) The matter put before the electors under subsection (2) must identify the other parties to the agreement and the nature, term and amount of the liability.

(4) Approval of the electors is not required under subsection (2) for the following:

(a) a liability to be incurred under an employment contract or collective agreement;

(b) a liability to be incurred for the supply of materials, equipment or services under an agreement referred to in section 3 of the Police Act;

(c) a liability to be incurred in circumstances prescribed by regulation or in relation to an agreement or class of agreement prescribed by regulation, subject to any conditions established by regulation.

(5) If

(a) the concept for a partnering agreement has received the approval of the electors, and

(b) within 5 years after that approval, the municipality enters into a partnering agreement that is in accordance with that approved concept,

approval under subsection (2) is not required for the partnering agreement.

(6) For the purposes of subsection (5), the concept for the agreement to be put before the electors must identify the following:

(a) the nature of the activity, work or facility to be provided under the partnering agreement;

(b) the maximum term of the agreement;

(c) the maximum liability that may be incurred by the municipality under the agreement;

(d) any other information required by regulation.

Liabilities imposed under prescribed enactments
176 (1) A municipality may incur a liability that is within a class prescribed under this section.

(2) The authority to incur a liability under this section is not authority to borrow for the purposes of the liability.

(3) The Lieutenant Governor in Council may make regulations prescribing classes of liability that are imposed under an enactment as liabilities to which this section applies.

Revenue anticipation borrowing
177 (1) A council may, by bylaw, provide for the borrowing of money that may be necessary to

(a) meet current lawful expenditures, and

(b) pay amounts required to meet the municipality's taxing obligations in relation to another local government or other public body.

(2) The debt outstanding under this section must not exceed the total of

(a) the unpaid taxes for all purposes imposed during the current year, and

(b) the money remaining due from other governments.

(3) Before the adoption of the annual property tax bylaw in any year, the taxes in that year are deemed to be 75% of all property taxes imposed for all purposes in the preceding year.

(4) When collected, revenue from property taxes must be used as necessary to repay money borrowed under this section.

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Local Government Act
[RSBC 1996] CHAPTER 323
Part 26 — Planning and Land Use Management

Division 11 — Subdivision and Development Requirements

Subdivision servicing requirements

938 (1) A local government may, by bylaw, regulate and require the provision of works and services in respect of the subdivision of land, and for that purpose may, by bylaw, do one or more of the following:

(a) regulate and prescribe minimum standards for the dimensions, locations, alignment and gradient of highways in connection with subdivisions of land;

(b) require that, within a subdivision, highways, sidewalks, boulevards, boulevard crossings, transit bays, street lighting or underground wiring be provided, and be located and constructed in accordance with the standards established by the bylaw;

(c) require that, within a subdivision, a water distribution system, a fire hydrant system, a sewage collection system, a sewage disposal system, a drainage collection system or a drainage disposal system be provided, located and constructed in accordance with the standards established in the bylaw.

(2) A bylaw under subsection (1) may be different in relation to one or more of the following:

(a) different circumstances;

(b) different areas;

(c) different land uses;

(d) different zones;

(e) different classes of highways.

(3) A local government must not impose a requirement under subsection (1) (b) or (c) in respect of a subdivision under the Strata Property Act.

(3.1) Before it is adopted, a bylaw under subsection (1) (a) or (b) that establishes standards or requirements in relation to highways in an area outside a municipality

(a) must be approved by the minister responsible for the Transportation Act, if the regional district provides the services referred to in section 800 (2) (i) [approving officer services], and

(b) may be approved by that minister for the purposes of section 13.1 (4) of that Act.


(4) If a local government, an improvement district or greater board operates a community water or sewer system, or a drainage collection or disposal system, the local government may, by bylaw, require that a system referred to in subsection (1) (c) be connected to the local government, improvement district or greater board system, in accordance with standards established in the bylaw.

(5) If there is no community water system, the local government may, by bylaw, require that each parcel to be created by the subdivision have a source of potable water having a flow capacity at a rate established in the bylaw.

(6) As a condition of

(a) the approval of a subdivision, or


(b) the issue of a building permit,

a local government may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway.


(7) As a condition of the issue of a building permit, a local government may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section.

(8) Requirements under subsections (6) and (7)

(a) may only be made insofar as they are directly attributable to the subdivision or development, and

(b) must not include specific services that are included in the calculations used to determine the amount of a development cost charge, unless the owner agrees to provide the services.

(9) If the owner agrees to provide the services referred to in subsection (8) (b), the calculation of the development cost charge is subject to section 933 (8).

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Local Government Act
[RSBC 1996] CHAPTER 323
Part 26 — Planning and Land Use Management

Development cost charges generally

Subdivision servicing requirements

938 (1) A local government may, by bylaw, regulate and require the provision of works and services in respect of the subdivision of land, and for that purpose may, by bylaw, do one or more of the following:

(a) regulate and prescribe minimum standards for the dimensions, locations, alignment and gradient of highways in connection with subdivisions of land;

(b) require that, within a subdivision, highways, sidewalks, boulevards, boulevard crossings, transit bays, street lighting or underground wiring be provided, and be located and constructed in accordance with the standards established by the bylaw;

(c) require that, within a subdivision, a water distribution system, a fire hydrant system, a sewage collection system, a sewage disposal system, a drainage collection system or a drainage disposal system be provided, located and constructed in accordance with the standards established in the bylaw.

(2) A bylaw under subsection (1) may be different in relation to one or more of the following:

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

933 (8) Despite a bylaw under subsection (1),

(a) if an owner has, with the approval of the local government, provided or paid the cost of providing a specific service, outside the boundaries of land being subdivided or developed, that is included in the calculations used to determine the amount of a development cost charge, the cost of the service must be deducted from the class of development cost charge that is applicable to the service, and

(b) if a work required to be provided under an agreement under section 937.1 (2) is included in the calculations used to determine the amount of a development cost charge, the following amounts are to be deducted from the development cost charge that would otherwise be payable for that class of work:

(i) for a development cost charge payable by a developer for a work provided by the developer under the agreement, the amount calculated as

(A) the cost of the work

less

(B) the amount to be paid by the municipality to the developer under section 937.1 (3) (b), other than an amount that is an interest portion under section 937.1 (6) (c);

(ii) for a development cost charge payable by a person other than the developer referred to in subparagraph (i), the amount calculated as

(A) the amount charged under section 937.1 (2) (b) to the owner of the property

less

(B) any interest portion of that charge under section 937.1 (6) (c).

 

Local Government Act
[RSBC 1996] CHAPTER 323
Part 21 — Building Regulations
Division 1 — Building Code and Other Building Regulations

Regional district building regulations
694 (0.1) [Repealed 2008-23-12.]

(1) Subject to the Health Act, the Drinking Water Protection Act, the Fire Services Act and the regulations under those Acts, a board may, for the purposes described in subsection (1.1), by bylaw, do one or more of the following:

(a) regulate the construction, alteration, repair or demolition of buildings and other structures;

(b) regulate the installation, alteration or repair of plumbing including septic tanks and sewer connections, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind;

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Bill 7 - 2008

Part 2 — Other Amendments

Community Charter

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

73 Section 137 (1) (a) and (b) of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted:

(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 .

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

76 Section 746 (1) is amended by adding the following paragraph:

(n) establishing a reserve fund for one or more capital purposes.

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

77 Section 747 (2) and (3) is repealed and the following substituted:

(2) Subject to a regulation under subsection (4), the bylaws of improvement districts are effective only on registration with the inspector.

(3) For an improvement district bylaw that requires registration under subsection (2), the inspector may register or refuse to register it, or take any other action the inspector considers is in the interest of the improvement district or the Provincial government.

(4) The minister may, by regulation,

(a) provide exemptions from the registration requirement under subsection (2), and

(b) in relation to this, provide that an exemption is or may be made subject to the terms and conditions specified by the minister or the inspector.

(5) Section 136 [when a bylaw comes into force] of the Community Charter applies to bylaws that are exempt from the registration requirement under subsection (2).

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

78 Section 751 is repealed and the following substituted:

Renewal of works

751 (1) An improvement district must make adequate provision in advance to renew works when they require renewal, and must raise amounts for that purpose.

(2) The board of trustees must establish reserve funds for the purpose of renewal of works referred to in subsection (1), and amounts raised as required under that subsection must be credited to the applicable reserve fund.

(3) Money in a reserve fund, and interest earned on it, must be used only for the purpose for which the reserve fund was established.

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

79 Section 758 (1) is amended by striking out "On registration of a tax bylaw" and substituting "As soon as practicable after a tax bylaw comes into force,".

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

80 Section 797.4 (3) is repealed and the following substituted:

(3) In order for a petition to be certified as sufficient and valid for the purposes of this section,

(a) the petition must be signed by the owners of at least 50% of the parcels liable to be charged for the proposed service, and

(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the proposed service area.


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

81 Section 806 (1) and (2) is repealed and the following substituted:

(1) On or before April 10 in each year, the designated regional district officer must deliver to the Surveyor of Taxes

(a) a requisition in respect of each service, stating the amount required during the year in respect of each electoral participating area, and

(b) that officer's certification

(i) that the amount requisitioned is included in the financial plan for that year, and

(ii) of any other matter in relation to the requisition that is required to be certified under subsection (2).

(2) The Lieutenant Governor in Council may make regulations prescribing matters that must be certified under subsection (1) (b) and establishing requirements respecting such certifications.

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

82 Section 806.1 (1) is amended by striking out "Minister of Finance," and substituting "Surveyor of Taxes,".

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

83 Section 823.1 (3) (d) is repealed and the following substituted:

(d) for an electoral participating area, by consent given in accordance with section 801.5 (2) to (4) [consent on behalf of electoral participating area] if

(i) the borrowing is in relation to a service that was requested by petition under section
797.4 [petition for electoral area services] and the petition contemplated the borrowing, or

(ii) the borrowing was requested by petition under section 823.11 [electoral participating area petition for borrowing].


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

84 The following section is added:

Electoral participating area petition for borrowing

823.11 (1) The owners of parcels in an electoral participating area may sign and submit to the regional district a petition for borrowing in relation to the service.

(2) Each page of a petition referred to in subsection (1) must do the following:

(a) identify the service in relation to which the borrowing is proposed;

(b) identify the relevant electoral participating area;

(c) describe in brief and general terms the purpose of the proposed borrowing;

(d) state the estimated total amount of the proposed borrowing;

(e) state the maximum term for which the debentures for the proposed borrowing may be issued;

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

(3) In order for a petition to be certified as sufficient and valid for the purposes of this section,

(a) the petition must be signed by the owners of at least 50% of the parcels liable to be charged in relation to the proposed borrowing, and

(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the electoral participating area.

(4) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter applies to a petition under this section.

 

85 Section 894 (2) is repealed and the following substituted:

(2) A member of a council or board who

(a) is entitled to vote on a bylaw that was the subject of a public hearing, and

(b) was not present at the public hearing

may vote on the adoption of the bylaw if an oral or written report of the public hearing has been given to the member by

(c) an officer or employee of the local government, or

(d) if applicable, the delegate who conducted the public hearing.

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

86 Section 937.4 (7) is amended by striking out "school board's resolution" and substituting "resolution of the board of education".

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

87 Section 968 (2) is repealed and the following substituted:

(2) Sections 890 (2) to (3.1) and (5) to (9), 891 and 894 apply with respect to the public hearing and enactment of the heritage designation bylaw.

Local Government Statutes Amendment Act, 2000

88 Section 134 of the Local Government Statutes Amendment Act, 2000, S.B.C. 2000, c. 7, is repealed.

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

89 Section 149 (a) is repealed.

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

Municipalities Enabling and Validating Act
90 Section 250 of the Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, is repealed.

Municipalities Enabling and Validating Act (No. 2)
91 Section 11 of the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is repealed.

Municipalities Enabling and Validating Act (No. 3)
92 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:

Part 8 — 2008

Elk Valley tax sharing agreement .......

Item  Column 1
Provisions of Act
 Column 2
Commencement
 1  Anything not elsewhere covered by this table The date of Royal Assent
2 Sections 1 to 72 The day after the date on which this Act received First Reading in the Legislative Assembly
3 Section 74 January 1, 2007
4 Sections 76 to 79 By regulation of the Lieutenant Governor in Council
5 Sections 81 and 82 By regulation of the Lieutenant Governor in Council
6 Section 86 July 1, 2007
7 Section 90 By regulation of the Lieutenant Governor in Council
8 Section 93 May 31, 2007
9 Section 96 The day after the date on which this Act received First Reading in the Legislative Assembly

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Local Government Act
[RSBC 1996] CHAPTER 323
Part 24 — Regional Districts

Petition for electoral area 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) Each page of a petition referred to in subsection (1) must do the following:

(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;

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

(3) In order for a petition to be certified as sufficient and valid for the purposes of this section,

(a) the petition must be signed by the owners of at least 50% of the parcels liable to be charged for the proposed service, and

(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the proposed service area.

(4) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter applies to a petition under this section.

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Health Act
[RSBC 1996] CHAPTER 179

Protection where noncompliance caused by inability

109 (1) If any person, from poverty or other sufficient cause, is unable to comply with this Act, or part of it, the person must give notice of his or her inability to the medical health officer or to the local board.

(2) If the local board, on examination, is satisfied of the sufficiency of the cause of the inability, the secretary or a member of the board must give his or her certificate to that effect.

(3) A certificate given under subsection (2) is a bar to all proceedings against the person for a period of 6 months.

 

Remedy open to persons aggrieved by violation of Act

110 (1) A person who considers himself or herself aggrieved or injured by the violation by any other person of any provision of this Act, or any rules or regulations lawfully made under it, may lay an information and prosecute in respect of the violation.

(2) In a prosecution under subsection (1), it is not necessary to a conviction that the person prosecuting has been actually aggrieved or injured.

Contravention both of Act and bylaw
111 If an act or omission is a violation of an express provision of this Act, or of any rule or regulation authorized under it, and is also a violation of a bylaw of a municipality in respect of a matter over which the council of the municipality has jurisdiction, a conviction may be had under either this Act or the bylaw, but a second conviction must not be made for the same act or omission.

 

No judicial review
112 An order or other proceeding, matter or thing done or transacted in or relating to the execution of this Act, or of any rule or regulation authorized under it, must not be vacated, quashed or set aside for want of form, or be removed or removable by a proceeding in the nature of certiorari or other writ or process into the Supreme Court.

What we found in regards to quashing.

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Section 219 of the Land Title Act

Land Title Act Section 86 (1) (d),

 

back to the subdivision regulations

or

We received a development plan map from the land titles office that has this information on it.

Valley of the Sun Development Plan #20608

Approved under the Land Registry Act by the Department of Highways Approving Officer on August 18, 1970.

plan 20608 Valley of the Sun, Westside Road, B.C. August 18, 1970

plan 20608 Valley of the Sun Westside Road B.C.

 

 

This is also something we received from the Land Titles office.

Sales Agreement for Valley of the Sun August 1947

and it talks about sewer.

This 2nd page of this document (below) talks about sewer but not water?

 

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2008 Draft Subdivision Regulations

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BC Laws

Local Services Act November 5, 1970

Local Services Act
Subdivision Regulations
[includes amendments up to B.C. Reg. 555/2004, December 31, 2004]

Transportation Act
[SBC 2004] CHAPTER 44

Local Government Act
[RSBC 1996] CHAPTER 323

Land Title Act
[RSBC 1996] CHAPTER 250

Community Charter
[SBC 2003] CHAPTER 26

Health Act
[RSBC 1996] CHAPTER 179

Municipal Amendment Act, 1977 (Bill 42) Second reading.

BILL 14 -- 2000
LOCAL GOVERNMENT
STATUTES AMENDMENT ACT, 2000

Judicial Review Procedure Act
[RSBC 1996] CHAPTER 241

Crown Proceeding Act
[RSBC 1996] CHAPTER 89

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Valley of the Sun Ponds and other Photos
Make a Comment

Big Pond ] FOI ] Gold Mine ] Middle Pond ] Minutes ] Pond 1 ] Rate Table ] Shorts Creek ] Single Pond ] Smaller Pond ] Survey ] Vegetation ] VOS Petition ] VOS Photos ] VOS Photos1 ] Well Data ] Wells ] Water System ] Water Systems ]

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Valley of the Sun Ponds and other Photos
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Water Systems
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1973 Nov 7 OBWB ] 1973 Sep 27 OBWB ] 1970 Feb 16 Mun Aff ] 1970 Feb 9 PUC ] 1969 Sep 26 RDCO ] Advisory Services ] Bylaws ] FOI Act ] History ] Judgements ] Land Registry 60 ] [ Laws ] Letters Patent ] Licence ] Local Services 59 ] Local Service 59/495 ] Local Services 21/60 ] Local Services 70 ] Municipal Act 1960 ] Municipal Amend 69 ] Mun. Enabling ] Mun. Enabling 69 ] Order-In-Council ] Quashing ] RDCO CPA 1 ] Sub. Reg. 262/70 ] Town Planning 25 ] Water Advisories ]

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Water Systems
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1973 Nov 7 OBWB ] 1973 Sep 27 OBWB ] 1970 Feb 16 Mun Aff ] 1970 Feb 9 PUC ] 1969 Sep 26 RDCO ] Advisory Services ] Bylaws ] FOI Act ] History ] Judgements ] Land Registry 60 ] [ Laws ] Letters Patent ] Local Services 59 ] Local Service 59/495 ] Local Services 21/60 ] Local Services 70 ] Municipal Act 60 ] Municipal Amend 69 ] Mun. Enabling Act ] Mun. Enabling 69 ] Order-In-Council ] Quashing ] RDCO CPA 1 ] Sub. Reg. 262/70 ] Town Planning 25 ] Water Advisories ]

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Westside Road Gossip
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Westside Road Gossip
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Index

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

Blue Divider Line

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.

Blue Divider Line

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