1

Table of Concordance

Local Government Act RS2015 to Pre-RS2015

See explanatory note at the end of this Table

PART 1 – PURPOSES AND INTERPRETATION

RS2015 section

Pre-RS2015 section

1 Purposes of this Act 1

2 Definitions and other interpretation rules 5[pt]

PART 2 – INCORPORATION OF MUNICIPALITIES AND REGIONAL DISTRICTS

RS2015 section

Pre-RS2015 section

Division 1 – Municipal Incorporation Process

3 Incorporation of new municipality 7

4 Vote required for incorporation of new municipality 8

5 Procedure and costs for vote on incorporation 9

6 Incorporation of island municipality in Islands Trust area 11.1

7 Incorporation of municipality in conjunction with resource development 10 (1), (5) to (7)

8 Incorporation of mountain resort municipality 11 (1) to (3.02), (5)

9 Incorporation of reserve residents as village 12 (1), (2)

Division 2 – Classification of Municipalities

10 Classification of municipalities 17

11 Change of municipal classification 18

Division 3 – Municipal Boundary Changes

12 Extension of municipal area 20

13 Reduction of municipal area 26

14 Reduction of municipal area in relation to final agreement respecting treaty lands

26.1

15 Redefinition of adjoining municipalities 27

16 Other redefinition of boundaries 21

Division 4 – Specific Powers in Relation to Municipal Letters Patent

17 What must be included in letters patent incorporating a municipality 12.1

18 First election for municipality 12.2

19 First council and neighbourhood constituencies 12.3

20 First regular council meeting 12.4

21 Letters patent incorporating a municipality: other general powers 13 (2)

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RS2015 section

Pre-RS2015 section

22 Additional powers where former municipality dissolved when new municipality incorporated

12.5

23 Letters patent for island municipality: additional powers 13 (3.1)

24 Letters patent for resource development municipality: additional powers 10 (2), (3)

25 Letters patent for mountain resort municipality: additional powers 11 (3.1) to (3.3),

13 (3)

26 Letters patent for reserve village: additional powers 12 (3), (4)

27 Authority for variation of proposed boundaries 13 (5)

28 Appointment of additional councillors if boundary extended 13.2

29 Establishment of property tax rate limits 14

30 Municipal revenue sharing 14.1

31 Establishment of local area service 14.2

32 Advisory body for municipality 14.3

33 Letters patent for municipality: additional powers 14.4

Division 5 – Municipal Incorporation or Boundary Changes: Related Matters

34 Bylaws that apply to new municipality or extend to additional area 24

35 Interim corporate officer 13.1

36 Collection of taxes in relation to municipal boundary changes 22

37 Transfer of Provincial property tax money if rural land included in municipality

23

38 Dissolution of municipality 29

39 Rights and liabilities not affected by reissue of letters patent 31

40 Existing licences preserved 32

Division 6 – Regional District Incorporation and Related Matters

41 Incorporation of new regional district 776,

777

42 Extension of regional district boundaries 777.1

43 Regional district amalgamation, division and reorganization 780

44 Creation or restructure of municipality in regional district 782

45 Dissolution of community planning area or improvement district in regional district

781

46 Regional district letters patent and orders: additional powers 782.1

3

PART 3 – ELECTORS AND ELECTIONS

RS2015 section

Pre-RS2015 section

Division 1 – General

47 Definitions in relation to this Part 33

48 Time not extended for voting days 34

49 This Act prevails in relation to use of information 35

50 Public notice by newspaper publication 44

51 Solemn declarations 45

Division 2 – Arrangements for Elections

52 General local elections every 4 years 36

53 Municipal elections at large unless neighbourhood constituency established

36.1

54 By-elections 37

55 Minister may arrange for election to be conducted 38

56 Election bylaws 39

57 Costs of elections 40

Division 3 –Election Officials Appointment and Authority

58 Appointment of election officials 41

59 Chief election officer duties and powers 42

60 Presiding election official duties and powers 43

61 Keeping order at election proceedings 46

62 Adjournment of election proceedings 47

63 Exceptional assistance in election proceedings 48

Division 4 – Electors and Registration of Electors

64 Who may vote at an election 49

65 Resident electors 50

66 Non-resident property electors 51

67 Rules for determining residence 52

68 When a person may register as an elector 53

69 Voting day registration only 54

70 Application for registration 55

71 How to register in advance 56

72 How to register as a resident elector at the time of voting 57

73 How to register as a non-resident property elector at the time of voting 57.1

74 Effect of registration 60

75 Register of electors 61

76 Provincial list of voters as register of resident electors 59

77 List of registered electors 62

78 Protection of privacy 63

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RS2015 section

Pre-RS2015 section

79 Objection to elector registration 64

80 Resolving objections to registration 65

Division 5 – Qualifications for Office

81 Who may hold office on a local government 66

82 Disqualification of local government employees 67

83 Only one elected office at a time in the same local government 68

Division 6 – Nomination of Candidates

84 Nomination period 69

85 Notice of nomination 70

86 Nomination of candidates 71

87 Nomination documents 72

88 Nomination deposits 72.1

89 Nomination by delivery of nomination documents 73

90 Other information to be provided by candidate 73.1

91 Challenge of nomination 73.2

Division 7 – Candidate Endorsement by Elector Organization

92 Candidate endorsement by elector organization may be included on ballot 73.3

93 Endorsement documents 73.4

94 Other information to be provided by elector organization 73.5

95 Withdrawal of endorsement on ballot 73.6

96 Challenge of elector organization endorsement 73.7

Division 8 – Declaration of Candidates

97 Declaration of candidates 74

98 Declaration of election by voting or acclamation 76

99 Notice of election by voting 77

100 Appointment if insufficient number of candidates are elected 78

Division 9 – Candidates and Representatives

101 Withdrawal, death or incapacity of candidate 80

102 Appointment of candidate representatives 81

103 Presence of candidate representatives at election proceedings 82

Division 10 – Voting Opportunities

104 Voting opportunities for electors 94

105 Required general voting opportunities 95

106 Additional general voting opportunities 96

107 Required advance voting opportunities 97

108 Additional advance voting opportunities 98

109 Special voting opportunities 99

110 Mail ballot voting 100

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RS2015 section

Pre-RS2015 section

Division 11 – Arrangements for Voting

111 Voting places 101

112 Use of voting machines 102

113 Municipal voting divisions 103

114 Form of ballots 104

115 What must and must not be included on a ballot 105

116 Order of names on ballot 106

117 Order of names on ballot determined by lot 107

118 Ballot boxes 108

Division 12 – Conduct of Voting Proceedings

119 Persons who must be present at voting places 109

120 Persons who may be present at voting places 110

121 Sealing of ballot boxes containing ballots 111

122 Time for voting extended 112

Division 13 – Voting

123 Voting to be by secret ballot 113

124 Each elector may vote only once 114

125 Requirements before elector may be given a ballot 115

126 Challenge of elector 116

127 If another person has already voted under an elector’s name 117

128 Replacement of spoiled ballot 118

129 How to vote by ballot 119

130 One person to a voting compartment 120

131 Persons needing assistance to mark their ballots 121

132 Persons unable to enter a voting place 122

Division 14 – Counting of the Votes

133 When and where counting is to be done 123

134 Who may be present at counting 124

135 Who does the counting 125

136 Opening of ballot boxes 126

137 Combination of ballots for counting 127

138 Procedures for counting 128

139 Rules for accepting votes and rejecting ballots 129

140 Objections to the acceptance of a vote or the rejection of a ballot 130

141 Ballot account 131

142 Packaging of ballots 132

143 Delivery of election materials to chief election officer 133

144 Preliminary election results 134

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RS2015 section

Pre-RS2015 section

145 Determination of official election results 135

146 Declaration of official election results 136

147 When elected candidates may take office 137

Division 15 – Judicial Recount

148 Application for judicial recount 138

149 Judicial recount procedure 139

150 Results of judicial recount and orders as to costs 140

151 Determination of results by lot if tie vote after judicial recount 141

152 Runoff election if tie vote after judicial recount 142

Division 16 – Declaration of Invalid Election

153 Application to court respecting validity of election 143

154 Hearing of application 144

155 Power of court on application 145

156 Legal costs of application 146

157 Status of elected candidate 147

Division 17 – Final Proceedings

158 Report of election results 148

159 Publication of election results 149

160 Retention and destruction of election materials 150

Division 18 – Election Offences

161 Vote buying 151

162 Intimidation 152

163 Other election offences 153

164 Prosecution of organizations and their directors and agents 153.1

165 Time limit for starting prosecution 153.2

166 Penalties 154

Division 19 – Orders and Regulations

167 Ministerial orders in special circumstances 155

168 Election regulations 156

7

PART 4 – ASSENT VOTING

RS2015 section

Pre-RS2015 section

Division 1 – General

169 Definitions in relation to this Part 157

170 Assent voting to be conducted in same manner as election 158

171 How assent of the electors is obtained 159

Division 2 – Proceedings for Assent Voting

172 Who may vote at assent voting 161 (1), (2), (4) to (6)

173 Person may vote only once 161 (3)

174 General voting day for assent voting 162

175 Arrangements for assent voting 163

176 Notice of assent voting 164

177 Ballots for assent voting 165

178 When counting for assent voting is to be done 166

179 Special procedures if voting is conducted by more than one local government

167

180 Other general matters 168

Division 3 – Scrutineers for Assent Voting

181 Scrutineers for the question and scrutineers against the question 169

182 Notice of applications to volunteer as scrutineer 170

183 Applications to volunteer to act as scrutineer for assent voting 171

184 Appointment of scrutineers for assent voting 172

PART 5 – REGIONAL DISTRICTS: PURPOSES, PRINCIPLES AND INTERPRETATION

RS2015 section

Pre-RS2015 section

185 Purposes of regional districts 2

186 Principles for regional district-provincial relations 3

187 Broad interpretation 4

188 Application of municipal provisions to regional districts 774

189 References to regional district officers 6.1

190 Continuation of regional districts 774.1

191 Continuation of regional parks and trails 799.1,

941 (15)

192 Continuation of regulatory authority restrictions in relation to previous bylaws

796.3

8

PART 6 – REGIONAL DISTRICTS: GOVERNANCE AND PROCEDURES

RS2015 section

Pre-RS2015 section

Division 1 – Regional Districts and Their Boards

193 Regional district corporations 173

194 Board as governing body 174

195 Area of jurisdiction 175

Division 2 – Board Members

196 Composition and voting rights 783 (1), (2), (4)

197 Municipal directors: number of directors and assignment of votes 783 (5) to (7)

198 Appointment and term of office for municipal directors 784

199 Election and term of office for electoral area directors 785

200 Alternate directors: municipalities 786

201 Alternate directors: electoral areas 787

202 Oath or affirmation of office for board members 210

203 Resignation from office 212

204 Director disqualification for failure to attend meetings 222.1 (6) to (8)

205 Regional district directors: application of Community Charter 787.1

Division 3 – Voting and Voting Rights

206 Voting to be in accordance with this Division unless other rules apply 791 (1)[pt], (2)[pt]

207 General rules: voting on resolutions and bylaws 791 (1)[pt], (8) to (11)

208 General rule: each director has one vote 791 (2)[pt], (3)

209 Special rule: weighted voting on the administration and operation of services

791 (4), (5)

210 Special rule: weighted voting on financial matters 791 (6), (7)

211 Special rule: weighted voting for Metro Vancouver 791 (14), (15)

212 Special rules in relation to Part 13 [Regional Growth Strategies] 791 (16), (17)

213 Special rules in relation to Part 14 [Planning and Land Use Management] 791 (12), (13)

214 Other special voting rules 791 (1)[pt]

Division 4 – Board Chair and Committees

215 Chair and vice chair of board 792

216 Responsibilities of chair 218 (1), (2)[pt],

227 (1)

217 Chair may require board reconsideration of a matter 219

218 Appointment of select and standing committees 795

Division 5 – Board Proceedings

219 Regular and special board meetings 222.1 (1), (2)

220 Calling of special board meetings 793 (3) to (5)

221 Electronic meetings and participation by members 222.1 (3) to (5)

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Pre-RS2015 section

222 Regulations establishing special rules for dealing with urgent issues 793 (8), (8.1), (9)

223 Minutes of board meetings and committee meetings 236,

237

224 Meetings and hearings outside regional district 237.1

225 Procedure bylaws 794 (1), (2)

226 Board proceedings: application of Community Charter 227 (2),

793 (7),

794 (5)[pt]

Division 6 – Bylaw Procedures

227 Bylaw procedures: application of Community Charter 794 (5)[pt]

228 Bylaw adoption at same meeting as third reading 794 (3)

Division 7 – Delegation of Board Authority

229 Delegation of board authority 176 (1) (e), (2)[pt],

191

230 Bylaw required for delegation 192

231 Delegation of hearings 193

232 Reconsideration of delegate’s decisions 194

Division 8 – Officers and Employees

233 Officers and employees for regional district 200,

203

234 Officer positions 196

235 Chief administrative officer 197

236 Corporate administration 198

237 Financial administration 199

238 Oath of office for officers 201

239 Chair to direct and inspect officers and employees 218 (2)[pt]

240 Suspension of officers and employees 218 (2)[pt], (3)

241 Termination of officer 202

242 Prohibition against interfering with regional district officials 200.1

Division 9 – Local Community Commissions

243 Establishment of local community commissions 838 (1), (5) to (7), (9)

244 Requirement for assent of electors and inspector approval 838 (2) to (4)

245 Commission membership 838 (8), (8.1), (10), (11)

Division 10 – Other Matters

246 Giving notice to regional districts 6.5

247 Notice by regional district: obligation satisfied if reasonable effort made 6.51

248 Regional district records: application of Community Charter 794 (5)[pt]

10

RS2015 section

Pre-RS2015 section

249 Regulations to provide exemptions from Provincial approval requirements 799.2

PART 7 – REGIONAL DISTRICTS: TREATY FIRST NATION MEMBERSHIP AND SERVICES

RS2015 section

Pre-RS2015 section

250 Treaty first nation membership in regional district 795.11 (1), (2)

251 Interpretation rules for applying this Act and the Community Charter in relation to treaty first nation membership

795.1,

795.11 (3)

252 Regional district letters patent and treaty lands 795.12

253 Treaty first nation directors 795.2

254 Term of office of treaty first nation director 795.21

255 Alternate treaty first nation director 795.22

256 Treaty first nation electors for regional district services 795.3

257 Tax base, requisition and collection of funds for treaty lands 795.31

258 Tax base, requisition and collection of funds for treaty lands of taxing treaty first nations

795.32

259 Treaty first nations and regional district financing 795.4

260 Services to treaty first nation members 795.41

261 Services to treaty lands outside regional district 795.42

262 Non-member treaty first nation participation in regional district elections 795.43

PART 8 – REGIONAL DISTRICTS: GENERAL POWERS AND RESPONSIBILITIES

RS2015 section

Pre-RS2015 section

Division 1 – General Powers

263 Corporate powers 176 other than (1) (e)

264 Minister approval required for certain out-of-Province or out-of-country agreements

180

265 Inspector approval required for incorporation or acquisition of corporations

195

Division 2 – Public Access to Records

266 Public access to regional district records 794.1 (1) to (4)

267 Disclosure of information relating to agreements that require elector approval or assent

177

268 Other public access requirements: application of Community Charter 794 (5)[pt],

794.1 (5)

Division 3 – Approval of the Electors

269 Processes for obtaining approval of the electors 797.5 (1)

270 Approval of the electors: application of Community Charter 797.5 (2)

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Pre-RS2015 section

Division 4 – Providing Assistance

271 Definition of “assistance” 181

272 Publication of intention to provide certain kinds of assistance 185

273 General prohibition against assistance to business 182

274 Exception for assistance under partnering agreements 183

275 Exception for assistance in relation to utilities or mountain resorts 797.1 (3)

276 Exception for heritage conservation purposes 183.1

277 Limitation on assistance by means of tax exemption 184

Division 5 – General Property Powers

278 Reservation and dedication of land for public purpose: application of Community Charter

302

279 Control of Crown land parks dedicated by subdivision 303

280 Disposition of regional parks and trails 941.1

281 Exchange of park land: application of Community Charter 304

282 Power to accept property on trust 314

283 Plans respecting use of local government right of way 552

284 Authority to enter on or into property: application of Community Charter 314.1

Division 6 – Disposing of Land and Improvements

285 Disposition of land and improvements 186

286 Notice of proposed disposition 187

287 Use of money from sale of land or improvements 188

288 Disposal of water systems, sewer systems and utilities 190

Division 7 – Expropriation and Compensation

289 Expropriation power 309

290 Authority in relation to services 310

291 Entry on land to mitigate damage 311

292 Compensation for expropriation and other actions 312

Division 8 – Other Powers

293 Board may seek regional district opinion 797.31

294 Incidental powers 798

295 Emergency powers 798.1

296 Additional powers and exceptions provided by regulation 799

PART 9 – REGIONAL DISTRICTS: SPECIFIC SERVICE POWERS

RS2015 section

Pre-RS2015 section

Division 1 – Building Regulation

297 Authority requires regional district service 693.1,

12

RS2015 section

Pre-RS2015 section

797.1 (1) (a)

298 Building regulation bylaws 694

299 Regional district may adopt national codes 697

300 Requirement for security 694.1

301 Regulating doors and emergency exits in public buildings 696

302 Building regulation: application of Community Charter 695

Division 2 – Fire, Health and Hazard Protection

303 Special fire protection powers 522

304 Health protection authority 523

305 Remedial authority in relation to hazardous conditions 698

Division 3 – Drainage, Sewerage and Related Matters

306 Special drainage and sewerage authority 540

307 Watercourse may be included in drainage system 541

308 Works for controlling drainage 544

309 Remedial authority in relation to drainage and dikes 546

310 Highway construction and dikes 547

311 Watercourse agreements between neighbouring jurisdictions 548

312 Requirements respecting drainage works 542

313 Appropriation of stream channel or bed 543

314 Authority subject to Water Act 555

Division 4 – Waste Management

315 Management of solid waste and recyclable material 797.1 (4), (4.1), (5)

316 Authority in relation to waste disposal and recycling 550

Division 5 – Regulation of Animals

317 Authority requires animal control service 702.1,

797.1 (1) (b)

318 General animal control powers 703 (1), (2)

319 Dog licensing requirements 703 (3) to (6)

320 Animal pounds 707

321 Dangerous dogs 707.1 (1)

322 Peace officer authority in relation to dangerous dogs 707.1 (2)

Division 6 – Noise, Nuisances and Disturbances

323 Authority requires regional district service 724 (1)[pt],

725 (1)[pt],

728[pt],

797.1 (1) (d)

324 Noise control 724 (1)[pt], (2)

325 Nuisances and disturbances 725[pt]

326 Fireworks restrictions 728[pt]

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Pre-RS2015 section

Division 7 – Other Specific Service Powers

327 Removal and deposit of sand, gravel and other soil 723,

797.1 (1) (c)

328 Fire and security alarm systems 726,

797.1 (1) (e)

329 House numbering 728.1,

797.1 (1) (f)

330 Regulation of signs and advertising 551

331 Regional district irrigation services 553

PART 10 – REGIONAL DISTRICTS: SERVICE STRUCTURE AND ESTABLISHING BYLAWS

RS2015 section

Pre-RS2015 section

Division 1 – General Service Powers

332 General authority for services 796

333 Consent required for services outside regional district 796.1

334 Services to public authorities 837

335 Authorities in relation to services other than regulatory services 796.2

Division 2 – Referendums and Petitions for Services

336 Referendums regarding services 797.3

337 Petitions for electoral area services 797.4

Division 3 – Establishing Bylaws for Services

338 Establishing bylaws required for most services 800

339 Required content for establishing bylaws 800.1

340 Special options for establishing bylaws 800.2

341 Special rules in relation to continuation of older services 774.2

Division 4 – Approval of Establishing Bylaws

342 Approval of establishing bylaws 801

343 Responsibility for obtaining approval 801.1

344 Approval by assent of the electors 801.2

345 Approval by alternative approval process 801.3

346 Consent on behalf of municipal participating area 801.4

347 Consent on behalf of electoral participating area 801.5

348 Other procedural rules 801.6

Division 5 – Changes to Establishing Bylaws

349 Amendment or repeal of establishing bylaws 802

350 Changes to participating and service areas 802.1

351 Amending bylaws that are needed for authority to borrow 802.2

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Pre-RS2015 section

352 Special provisions respecting service withdrawal 802.3

Division 6 – Dispute Resolution in Relation to Services

353 Definitions in relation to this Division 813

354 Minister may appoint facilitators 813.01

355 Parties to a service review or service withdrawal 813.02

356 Costs of service review or service withdrawal 813.03

357 Initiating a service review 813.04

358 Other issues and services may be dealt with in one service review 813.05

359 Preliminary meeting 813.06

360 Negotiations to resolve issues 813.07

361 Initiating service withdrawal 813.08

362 Minister’s direction on process 813.09

363 Addition of further initiating participants or further services 813.10

364 Early termination of process 813.11

365 Mediation in relation to service withdrawal 813.12

366 Arbitration in relation to service withdrawal 813.13

367 Initiating participant must respond to final resolution 813.14

368 Direction to further arbitration in certain cases 813.15

369 When final resolution becomes binding 813.16

370 Implementation of final resolution by bylaw 813.17

371 Failure to adopt required bylaws 813.18

372 Regulations respecting arbitrations 813.19

PART 11 – REGIONAL DISTRICTS: FINANCIAL MANAGEMENT

RS2015 section

Pre-RS2015 section

Division 1 – Financial Planning and Accountability

373 Fiscal year and accounting for services 814 (1), (2)

374 Annual financial plan 815

375 Public process for development of financial plan 816

376 Annual reporting on regional district finances 814.1

377 Financial management: application of Community Charter 814 (3) to (5)

Division 2 – Cost Recovery for Services

378 Options for cost recovery 803

379 Costs of services 803.1

380 Apportionment of costs 804

381 Cost sharing for services under Part 14 [Planning and Land Use Management]

804.1

382 Property under creditor protection may be excluded from apportionment 804.11

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Pre-RS2015 section

383 Valuation information and apportionment adjustments 804.2

384 Tax base for property value taxes 804.3

Division 3 – Requisition and Tax Collection

385 Requisition of funds from municipalities 805

386 Collection in municipalities 805.1

387 Requisition of funds for electoral areas 806

388 Collection in electoral areas 806.1

389 Grants in place of taxes to be paid over to regional district 807

Division 4 – Tax Rates and Exemptions

390 Variable tax rate system 808

391 Property tax exemptions 809

392 Exemptions for heritage properties 810

393 Repayment requirement in relation to heritage exemptions 810.1

394 Exemptions for riparian property 811

395 Repayment requirement in relation to riparian exemptions 811.1

396 Tax exemptions under partnering agreement 812

Division 5 – Fees, Charges and Interest

397 Imposition of fees and charges 363

398 Interest calculation 363.1

399 Special fees and charges that are to be collected as taxes 363.2

400 Special fees and charges that are liens against property 364

Division 6 – Expenditures and Liabilities

401 Limit on expenditures 817

402 Limit on borrowing and other liabilities 818

403 Borrowing and liability: application of Community Charter 819

404 Revenue anticipation borrowing 821

405 Short-term capital borrowing in relation to general administration 822

406 Regional district loan authorization bylaws 823

407 Participating area approval required for some loan authorization bylaws 823.1

408 Electoral participating area petition for borrowing 823.11

409 Temporary borrowing under loan authorization bylaw 823.2

410 Financing municipal undertakings 824

411 Security issuing bylaws 825

412 General liability provisions 826

PART 12 – REGIONAL DISTRICTS: BYLAW ENFORCEMENT AND CHALLENGE OF BYLAWS

RS2015 section

Pre-RS2015 section

16

RS2015 section

Pre-RS2015 section

Division 1 – Bylaw Enforcement and Related Matters

413 Bylaw enforcement: fines and other penalties 266

414 Ticketing for bylaw offences: application of Community Charter 266.1

415 Bylaw notices: application of Local Government Bylaw Notice Enforcement Act

266.2

416 Bylaw contraventions – offences and prosecutions 267

417 Additional sentencing powers in relation to Offence Act prosecutions 267.1

418 Authority to fulfill requirements at defaulter’s expense 269

419 Inspections to determine whether bylaws are being followed 268

420 Enforcement by civil proceedings: application of Community Charter 281

421 Recovery of utility rates by legal remedy of distress 283

422 Scale of costs in relation to legal remedy of distress 284

423 Enforcement of bylaws in relation to discharge of firearms 840

424 Entry warrants: application of Community Charter 847 (1.1)

Division 2 – Challenge of Bylaws and Other Regional District Instruments

425 Challenge of bylaws and other regional district instruments 262 (3.1),

794 (4)

PART 13 – REGIONAL GROWTH STRATEGIES

RS2015 section

Pre-RS2015 section

Division 1 – Interpretation

426 Definitions in relation to this Part 848

427 Part also applies to amendment and repeal of regional growth strategy 853 (4)

Division 2 – Application and Content of Regional Growth Strategy

428 Purpose of regional growth strategy 849

429 Content of regional growth strategy 850

430 Area to which regional growth strategy applies 851

431 Regulation requiring regional growth strategy 852

Division 3 – Preparation and Adoption Procedures

432 Requirements for adoption 853 (1) to (3)

433 Initiation of regional growth strategy process 854

434 Consultation during development of regional growth strategy 855

435 Facilitation of agreement during development of regional growth strategy 856

436 Acceptance by affected local governments 857

437 Minor amendments to regional growth strategies 857.1

438 Resolution of anticipated objections 858

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Pre-RS2015 section

439 Resolution of refusal to accept 859

440 Settlement of regional growth strategy if acceptance not otherwise reached 860

441 Options for settlement process 861

442 General provisions regarding settlement process 862

443 Adoption of regional growth strategy 863

444 Requirement to adopt finalized regional growth strategy 864

Division 4 – Effect of Regional Growth Strategy

445 Regional district must conform with regional growth strategy 865

Division 5 – Regional Context Statements

446 Requirement for regional context statements in municipal official community plans

866 (1), (8), (9)

447 Content of regional context statement 866 (2), (3)

448 Board acceptance of proposed regional context statement 866 (4) to (6)

449 Settlement of proposed regional context statement 866 (7)

Division 6 – General

450 Intergovernmental advisory committees 867

451 Implementation agreements 868

452 Regular reports and review of regional growth strategy 869

453 Provincial policy guidelines 870

454 Minister may require official community plans and land use bylaws 871

PART 14 – PLANNING AND LAND USE MANAGEMENT

RS2015 section

Pre-RS2015 section

Division 1 – General

455 Definitions in relation to this Part 872

456 Area of authority for municipalities and regional districts 873

457 Rural land use bylaws 873.1

458 Limit on compensation 914

Division 2 – Responsibilities, Procedures and Authorities

459 Information that must be available to the public 896

460 Development approval procedures 895

461 Advisory planning commission 898

462 Fees related to applications and inspections 931

463 Withholding building permits and business licences that conflict with bylaws in preparation

929

Division 3 – Public Hearings on Planning and Land Use Bylaws

464 Requirement for public hearing before adopting bylaw 890 (1), (4)

465 Public hearing procedures 890 (2) to (3.1),

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Pre-RS2015 section

(5) to (8)

466 Notice of public hearing 892 (1) to (7)

467 Notice if public hearing waived 893

468 Posted notices respecting proposed bylaws 892 (8), (9)

469 Delegation of public hearings 891

470 Procedure after public hearing 894

Division 4 – Official Community Plans

471 Purposes of official community plan 875

472 Bylaw to adopt official community plan 876 (1), (2)

473 Content and process requirements 876 (3),

877

474 Policy statements that may be included 878

475 Consultation during development of official community plan 879

476 Consultation on planning for school facilities 881

477 Adoption procedures for official community plan 882,

890 (9)[pt]

478 Effect of official community plan 884

Division 5 – Zoning Bylaws

479 Zoning bylaws 903 (1) to (4)

480 Adoption of municipal zoning bylaw 890 (9)[pt]

481 Restrictions on zoning authority in relation to farming 903 (5) to (7),

918 (1)[pt]

482 Density benefits for amenities, affordable housing and special needs housing

904

483 Housing agreements for affordable housing and special needs housing 905

Division 6 – Development Approval Information Requirements

484 Development approval information 920.1 (1)

485 Development approval information areas or circumstances 920.01

486 Bylaw authority in relation to development approval information 920.1 (2), (4), (6)

487 Requirement to provide development approval information 920.1 (3), (5), (7)

Division 7 – Development Permits

488 Designation of development permit areas 919.1

489 Activities that require a development permit 920 (1)

490 Development permits: general authority 920 (2) to (4), (6), (12)

491 Development permits: specific authorities 920 (5), (7) to (11)

Division 8 – Temporary Use Permits

492 Designation of temporary use permit areas 920.2

493 Temporary use permits for designated areas and other areas 921 (1), (3), (15)

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Pre-RS2015 section

494 Public notice and hearing requirements 921 (4) to (7)

495 Permit conditions: undertakings respecting land 921 (8) to (10)

496 Permit conditions: additional security requirements 921 (12)

497 Term of permit and renewal of permit 921 (11), (13), (14)

Division 9 – Development Variance Permits

498 Development variance permits 922 (1) to (3), (8)

499 Notice to affected property owners and tenants 922 (4) to (7)

Division 10 – Other Permits and Permit Matters

500 Tree cutting permits in relation to areas affected by flooding or other hazards

923

501 General land use permit matters 928

502 Requirement for security as condition of land use permit 925

503 Notice of permit on land title 927

504 Permit lapses if relevant construction not substantially started 926

505 Transportation Act: permits in relation to development near controlled access highway

924

Division 11 – Subdivision and Development: Requirements and Related Matters

506 Subdivision servicing requirements 938

507 Requirements for excess or extended services 939 (1), (2), (4)

508 Latecomer charges and cost recovery for excess or extended services 939 (3), (5) to (10)

509 Completion of required works and services 940

510 Requirement for provision of park land or payment for parks purposes 941 (1) to (14)

511 Bylaws adopted after application for subdivision submitted 943

512 Minimum parcel frontage on highway 944

513 Requirement to provide land for new highway or widening existing highway

945

514 Subdivision to provide residence for a relative 946

Division 12 – Phased Development Agreements

515 Definitions in relation to this Division 905.1 (1)

516 Phased development agreements 905.1 (2) to (9)

517 Term and assignment of phased development agreement 905.2

518 Process for phased development agreement bylaw 905.3

519 Amendments to phased development agreement 905.4

520 Subdivision approval for land subject to phased development agreement 905.1 (10)

521 Notice of phased development agreement on land title 905.6

522 Phased development agreement and other information that must be available for public inspection

905.5

Division 13 – Other Land Use Regulation Powers

20

RS2015 section

Pre-RS2015 section

523 Runoff control requirements 907

524 Requirements in relation to flood plain areas 910

525 Off-street parking and loading space requirements 906

526 Regulation of signs 908

527 Screening and landscaping to mask or separate uses 909

Division 14 – Non-conforming Use and Other Continuations

528 Non-conforming uses: authority to continue use 911 (1) to (4)

529 Non-conforming structures: restrictions on maintenance, extension and alteration

911 (9), (10)

530 Restrictions on increasing non-conforming use of land 911 (6)

531 Restrictions on alteration or addition to building or other structure 911 (5), (11)[pt]

532 Restrictions on repair or reconstruction of non-conforming structures 911 (8), (8.1), (11)[pt]

533 Non-conforming uses in relation to terminated land use contracts 911 (12) to (14)

534 Change in ownership, tenants or occupants in relation to use 911 (7)

535 Non-conforming use and subdivision in relation to expropriation of land 912

Division 15 – Board of Variance

536 Requirement for board of variance 899 (1), (6) to (12)

537 Board of variance for municipality or regional district 899 (2) to (5)

538 Joint board of variance 899 (5.1) to (5.3)

539 Chair and procedures for board of variance 900

540 Application for variance or exemption to relieve hardship 901 (1)

541 Notice of application for variance 901 (4) to (6)

542 Board powers on application 901 (2), (3), (7), (8)

543 Exemption to relieve hardship from early termination of land use contract 901.1

544 Extent of damage to non-conforming use property 902

Division 16 – Discharge and Termination of Land Use Contracts

545 Application to land use contracts under previous legislation 5[pt]

546 Amendment and discharge of land use contract 930

547 Termination of all land use contracts in 2024 914.1

548 Process for early termination of land use contract 914.2,

890 (9)[pt]

549 Notice of termination 914.3

550 Discharge of terminated land use contract 914.4

Division 17 – Regulation of Farm Business in Farming Areas

551 Agriculture minister may set standards for farm bylaws 916

552 Farming area bylaws 917,

918 (1)[pt]

21

RS2015 section

Pre-RS2015 section

553 Authority and restrictions apply as declared by regulation 918 (2)

554 Three year review of zoning bylaws affecting farming areas 919

555 Intensive agriculture 915

Division 18 – Contaminated Sites

556 Local government assessment of site profiles 946.1

557 Environmental Management Act requirements 946.2

Division 19 – Development Costs Recovery

558 Definitions in relation to this Division 932

559 Development cost charges: imposition and collection 933 (1) to (2.1), (5), (6), (9), (10)

560 Inspector approval required for development cost charge bylaw 937 (1) to (4)

561 Circumstances in which development cost charges are not payable 933 (3) to (4.2)

562 General prohibition against waiving or reducing charges 933 (11)

563 Development for which charges may be waived or reduced 933.1

564 Amount of development cost charges to be specified in bylaw 934

565 Deductions from development cost charges 933 (7), (8)

566 Use of development cost charges 935,

937 (5), (6)

567 Provision of park land in place of all or part of charge 936

568 Effect of bylaws adopted after application for rezoning, development permit or building permit submitted

937.001

569 Annual development cost charges report 937.01

570 Municipal development works agreements with private developers 937.1

Division 20 – School Site Acquisition Charges

571 Definitions in relation to this Division 937.2

572 School site acquisition charge payable 937.3 (1), (2), (4), (5)

573 Circumstances in which charge is not payable or is waived or reduced 937.3 (3) to (3.3)

574 Determination of eligible school site requirements 937.4

575 Setting school site acquisition charges 937.5 (1) to (3)

576 Application of charge or increase to in-process development 937.5 (4)

577 Provision of land in place of all or part of charge 937.6

578 No subdivision approval or building permit unless charge paid 937.7

579 Credit for previous contributions 937.8

580 Transfer of money and land to board of education 937.9

581 Regulations for this Division 937.91

Division 21 – Provincial Authority

582 Provincial policy guidelines 873.2

583 Designation of resort regions 6.8

22

RS2015 section

Pre-RS2015 section

584 Ministerial override orders in the public interest 874

585 Ministerial regulations requiring bylaw approval 874.1

PART 15 – HERITAGE CONSERVATION

RS2015 section

Pre-RS2015 section

Division 1 – General

586 Definitions in relation to this Part 947 (1), (2), (4)

587 Regional district authority requires service 947 (3)

588 Limits on use of this Part 948

589 Limit on compensation 949

590 Bylaw and permit procedures 950

591 Ombudsperson review of local government decisions 952

Division 2 – Notices under this Part

592 Giving notice to owners and occupiers 974

593 Posting notice on protected heritage property 975

594 Notice on land titles 976

595 Notice to heritage minister 977

596 Regulations regarding notices 978

Division 3 – Heritage Review

597 Community heritage commissions 953

598 Community heritage register 954

599 Heritage recognition 955

600 Heritage inspection may be ordered 956

601 Entry authority for a heritage inspection 957

602 Impact assessment may be required 958

603 Local government requests for Provincial protection 959

Division 4 – Temporary Protection

604 Withholding of approvals 960

605 Withholding of demolition permits until other approvals issued 961

606 Orders for temporary protection 962

607 Temporary protection by introduction of a continuing protection bylaw 963

608 Heritage control periods for temporary protection 964

609 Temporary protection 965

Division 5 – Continuing Protection

610 Heritage revitalization agreements 966

611 Heritage designation protection 967

612 Heritage designation procedure 968

23

RS2015 section

Pre-RS2015 section

613 Compensation for heritage designation 969

614 Designation of heritage conservation areas 970.1

615 Permit requirements in relation to heritage conservation areas 971

616 Heritage site maintenance standards 970

Division 6 – Heritage Alteration Permits

617 Heritage alteration permits 972

618 Terms, requirements and conditions in a heritage alteration permit 973

Division 7 – Remedies and Offences

619 Civil remedies in relation to heritage property 979

620 Notice of contravention may be filed in land title office 980

621 Offences and penalties 981

PART 16 – MUNICIPAL PROVISIONS

RS2015 section

Pre-RS2015 section

Division 1 – Challenge of Municipal Bylaws and Other Municipal Instruments

622 Definition of “municipal instrument” 260

623 Court application to set aside bylaw or other instrument 262 other than (3.1)

624 Limitation period on application for declaratory order 264

625 Time restriction in relation to right of action on illegal instrument 265

626 Assessment or rate stands unless instrument set aside 263

627 Validity of council proceedings 261

Division 2 – Licensing of Commercial Vehicles

628 Definitions in relation to this Division 664

629 Application of Division 665

630 Commercial vehicle licensing bylaw 666

631 Exemptions from licensing requirements 667

632 Licence plate must be displayed 668

633 Issue and transfer of licence plates 669

634 Term of licences 670

635 Fees to be paid to UBCM 671

636 Offences in relation to commercial vehicle licensing 672

Division 3 – Regulation of Carriers

637 Regulation of carriers 657

Division 4 – Municipal Irrigation Services and Drainage Works

638 Municipal irrigation services 315.1

639 District municipality drainage works 315.2

24

RS2015 section

Pre-RS2015 section

Division 5 – Municipal Forest Reserves

640 Establishment of municipal forest reserve 306

641 Sale or lease of municipal forest reserve 307

642 Cutting and removal of timber from municipal forest reserve 308

Division 6 – Municipal Taxation: Special Cases

643 Taxation of forest land 352

644 Taxation of utility company property 353

Division 7 – Annual Municipal Tax Sale

645 Annual tax sale 403

646 Council may exempt Crown land from annual tax sale 404

647 Notice of annual tax sale 405

648 Municipality may bid at annual tax sale 406

649 Upset price for tax sale 407 (1), (2)

650 Purchaser at annual tax sale 407 (3) to (6)

651 Purchaser to give authority to register tax sale title 408

652 Collector to provide certificate of sale 409

653 Tax sale of Crown land subject to an agreement to purchase 410

654 Provincial government may accept tax sale purchaser 411

655 Resale of land purchased by municipality at annual tax sale 412

656 Notice of tax sale must be filed in land title office 413

657 Owners must be given notice of tax sale and redemption period 414

658 Assessment and taxes during redemption period 415

659 Application of surplus from tax sale 416

660 Redemption by owner 417

661 Redemption payments by instalments 418

662 Notice of redemption to be filed in land title office 419

663 Registration of tax sale purchaser as owner 420 other than (7)

664 Refusal of registration 420 (7)

665 Effect of tax sale on rights of owners 421

666 Action by owner to have tax sale set aside 422

667 Court may reinstate taxes if sale set aside 423 (1)

668 Council authority to cancel sale in case of error 423 (2), (3)

669 Restrictions on legal actions in relation to tax sale 424

670 Repossessed tax sale land 425

671 Procedure if purchaser under agreement for sale defaults 426

672 Redemption by municipality of land sold for Provincial taxes 427

25

PART 17 – IMPROVEMENT DISTRICTS

RS2015 section

Pre-RS2015 section

Division 1 – General

673 Definitions in relation to this Part 729

674 Giving notice to improvement districts 738.5

Division 2 – Incorporation of Improvement Districts

675 Incorporation of improvement district: general rules 731 (1), (2), (7)

676 Incorporation of mountain resort improvement district 732 (1) to (3)

677 Notation on title of land in a mountain resort improvement district 733

678 Dissolution of water user’s community or development district 731 (3) to (6),

732 (4) to (7)

679 Amendment of letters patent and reissue of letters patent 734

680 Dissolution of improvement district 735

681 Transition rules: dissolution, change in area, change in object 735.1

682 Additional letters patent and order powers 735.2

Division 3 – Governance and Organization

683 Improvement district board of trustees 736

684 Election of improvement district trustees 737

685 Chair of improvement district board 738

686 Meeting procedure 739

687 Regulations in relation to improvement district meetings 739.1

688 First meeting of board in each year 740

689 Appointment of select and standing committees 740.1

690 Annual general meeting 741

691 Annual financial statements 741.1

692 Appointment of auditor 741.2

693 Officers and employees 738.4

694 Officer positions 738.1

695 Corporate administration 738.2

696 Financial administration 738.3

Division 4 – Powers and Operations

697 General powers 745

698 Powers that must be exercised by bylaw 746

699 Process and registration requirements for bylaws 747

700 Subdivision servicing requirements 747.1

701 Requirements for excess or extended services 747.2 (1) to (3)

702 Latecomer charges and cost recovery for excess or extended services 747.2 (4) to (9)

703 Power to exercise rights under certain water licences 748

704 Power to expropriate water diversion licences and related works 749

26

RS2015 section

Pre-RS2015 section

705 General power to expropriate land and works 750

706 Renewal of works and related reserve funds 751

707 Appeal if improvement district refuses to provide services 752

Division 5 – Taxes and Cost Recovery

708 Preparation of assessment roll 753

709 Notice of assessment 754

710 Court of revision for assessments 755

711 Tax collection on behalf of improvement district 756

712 Municipal collection of improvement district taxes 756.1

713 Payments to improvement district 756.2

714 Tax levy by improvement district 757

715 Tax notices 758

716 Lien for taxes and tolls 759

717 Interest on taxes 760

Division 6 – Tax Sales

718 Tax sale for recovery of taxes 762 (1), (2)

719 Board powers in relation to tax sale 762 (6) to (8)

720 Tax sale notice to affected owners and charge holders 762 (3) to (5)

721 Conduct of tax sale 763 (1), (2),

761,

765

722 Authority to register tax sale title 763 (3), (4)

723 Registration of tax sale purchaser as owner 766

724 Application of surplus from tax sale 764

725 Tax sale of Crown land held under a mortgage or agreement for sale 767

726 Disposal of tax sale land by improvement district board 768

Division 7 – Borrowing and Securities

727 Provision of sinking funds 769

728 Provincial guarantee of improvement district securities 770

729 Form of securities 771

730 Registration of securities 772

Division 8 – Other Improvement District Matters

731 Improvement district property exempt from taxation 744

732 Protection from legal proceedings 743

733 Indemnification against proceedings 743.1

734 Appointment of receiver 742

PART 18 – LEGAL PROCEEDINGS IN RELATION TO LOCAL GOVERNMENTS AND OTHER

27

AUTHORITIES

RS2015 section

Pre-RS2015 section

Division 1 – Legal Proceedings Against Municipality or Regional District

735 Limitation period for certain actions 285,

847 (1)

736 Notice requirement respecting damages 286,

847 (1)

737 Proceedings against municipality or regional district in relation to damages caused by others

291,

847 (1)

Division 2 – Immunities and Indemnities

738 Immunity for individual local public officers 287,

847 (1)

739 Warning as defence for local government financial officer 287.1,

847 (1)

740 Indemnification against proceedings for local government officials 287.2 (1) to (6),

847 (1)

741 Indemnification against proceedings for other local public officers 287.2 (7)

742 Immunity in relation to building bylaw enforcement 289,

847 (1)

743 Immunity in relation to approval of certified building plans 290,

847 (1)

744 Immunity in relation to certain nuisance actions 288,

847 (1)

Division 3 – Enforcement of Court Orders Against Municipality or Regional District

745 Writ of execution against municipality or regional district 293,

847 (1)

746 Copy of writ of execution to be left with corporate officer 294,

847 (1)

747 Local government officers as officers of the court for purposes of execution

297,

847 (1)

748 Certain local government property exempt from seizure 298,

847 (1)

749 Tax to be imposed if amount not paid by municipality 295

750 Payment of municipal amount levied 296

Division 4 – Other Matters

751 Self-insurance by local authorities 300

752 Application of this Part in relation to the Nis×a’a Final Agreement 301.1

753 Application of this Part to treaty first nations 301.2

28

PART 19 – GENERAL MATTERS AND PROVINCIAL AUTHORITIES

RS2015 section

Pre-RS2015 section

Division 1 – Certification of Senior Officials

754 Board of examiners 204

755 Powers of board 205

756 Board may make regulations 206

757 Application to City of Vancouver 206.1

Division 2 – Inspector of Municipalities

758 Inspector of municipalities 1019

759 Official seal and records 1020

760 Certificate of approval for money bylaws 1022,

1023 (3)

761 Inquiry into application for certificate 1023 (1), (2), (4)

762 Appeal from inspector’s decisions in relation to borrowing 1024

763 Certificate conclusive of validity 1025

764 Inquiries into local government matters 1021,

846 (1)

765 Additional inquiry authority in relation to regional districts 846 (2) to (8)

Division 3 – Administrative Commissioner

766 Definitions 1026

767 Appointment of administrative commissioner 1027

768 Substitution of commissioner 1028

769 Acting commissioner 1029

770 Powers transferred to commissioner 1030

771 Power of commissioner to make bylaws 1031

772 Powers of commissioner to borrow 1032

773 Taxes for sinking fund purposes 1033

774 Parcel tax rolls 1034,

1035

775 Differences between commissioner and board of education 1036

776 Commissioner reports to minister 1037

777 Election after commissioner appointed 1038

778 Restriction on legal proceedings 1039

779 Regulations for purposes of this Division 1040

Division 4 – Other Provincial Authorities

780 Publication of letters patent 15

781 Further powers in relation to assets 315.3

782 Appeal to minister respecting construction of drains 1025.1

783 Power to make regulations 6.6

29

SCHEDULE – DEFINITIONS AND OTHER INTERPRETATION MATTERS RS2015 section

Pre-RS2015 section

1 Definitions 5

2 Application of Community Charter definitions 5.1

3 Special rule for Mountain Time Zone 6.2

4 Giving notice by newspaper publication 6.4

5 Application of Escheat Act 6.9

Explanatory Note for Table of Concordance RS2015 to Pre-RS2015

This Table of Concordance was compiled during the revision drafting process and the resulting data were used to prepare the Table as an unofficial guide for users of B.C. Statutes. While every effort was made to achieve accuracy, only the statutes are authoritative. Legal opinion should be sought if interpretation is required.

This Table was based on the table of contents for the RS2015 Act. The left column lists each section of that Act as a separate row. The right column of that row indicates the source provision of the pre-RS2015 Act, as that Act read at the time the revision was delivered for consideration by Select Standing Committee of the Legislative Assembly.

If a pre-RS2015 section was revised into more than one RS2015 section, the right column will indicate this separation with “[pt]”.

See the “Table of Concordance Pre-RS2015 to RS2015” to this Act to identify a specific source section in the pre-RS2015 Act with its revised section in the RS2015 Act.