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MUNICIPALITIES ENABLING AND VALIDATINGACT

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MUNICIPALITIES ENABLING AND VALIDATINGACT

CHAPTER 261 [RSBC 1960]

[includes 2008 Bill 7, c. 5 (B.C. Reg. 142/2008) amendments (effective June 6, 2008)]

Contents

1. Title2. Interpretation3. Prior enactments not affected4. Power to make regulations5. General retroactive provision6. Former by-laws, etc., can be amended7. Validation of 1958 taxation procedures7.A Validation of 1960 elections7.B Business tax for 19657.C Levy by certain municipalities for 1964 debentures7.D Redemption of debentures7.E Boundary Commissioner7.F Extension of tax penalty date7.G Qualification of voters7.H Expropriation for airport purposes8. Certain revenue fund deficits validated

Cache Creek8.A Frontage tax for waterworks prior to March 27th, 1961

Cumberland8.B Conveyance of school lot, Nelson District8.C Arrears of taxes

Dawson Creek9. Letters Patent validated

Surrey10. Exchange of Robson Park10.A Dyking assistance10.B Agreement between Surrey and Greater Vancouver Water District10.C Financing of trunk sewers10.D Utilities

Alberni11. Validation of lease agreement

MUNICIPALITIES ENABLING AND VALIDATING ACT

261 [RSBC 1960] of 254 Quickscribe Services Ltd.

Burnaby12. Special powers re specified areas for sewers13. Accounting and control for special charges14. Inauguration of five-year capital expenditure programme14.A Further financing15. Exception16. Municipal Act provisions apply17. Termination of powers17.A Use of surplus proceeds of debenture by-law17.B Borrowing

Castlegar18. Validation of extension of boundaries18.A Vesting of land18.B Letters Patent

Coquitlam19. Validation of certain debenture by-laws19.A Assumption of part of local improvement cost19.B Election of school trustees19.C Sewerage works

Fraser Mills20. Validation of election, 1958

Matsqui20.A Assessment rolls and notices

New Westminster21. Enabling powers for toll-bridge and guarantee for borrowing22. Management of toll bridges23. Operation of and the fixing of charges for use of the bridge24. Treasurer may make advances25. Surplus of funds26. Municipal enterprise27. Separate accounts28. Definition of "capital cost"29. Action after debenture debt provided for30. Special policing powers31. Validation of previous Acts of Council

Oak Bay31.A Waterfront property

Peachland31.B Repeater facilities



Port Alberni32. Power to enter into lease agreement32.A By-law remains in force

Quesnel33. Validation33.A Extension of boundaries

Richmond34. General35. Control of other persons36. Limitation37. Saving provision re private access work38. Extensions into another municipality39. Saving provision, closing off of private access40. Access control41. Disposition of special levy42. Closing of an account43. Special powers for and acquisition of works44. Registration of title to and charges on real property pertaining to dyking and drainage

systems45. No compensation45.A Effect of ss. 34 to 4545.B Repealed45.C Dyking district lands

Trail-Tadanac46. Delegation of leasing powers46.A Amalgamation

Burnaby47. Temporary borrowing from Local Improvement Fund

Houston48. Validation of election

Port Moody49. Validation of agreement49.A Agreement with British American Oil Company

Powell River50. Expropriations for airport purposes50.A Annual rates by-law of Powell River

Victoria51. Parking-decks, malls and boulevards



West Vancouver52. Removal of dedication52.A Removal of restriction53. Indebtedness to Greater Vancouver Sewerage and Drainage District53.A Park

Kamloops54. Agreements with corporations under National Housing Act54.A Release of park from restrictions

New Westminster55. Board of Commissioners of Police56. Duty to tax for retirement of certain debentures57. Parking facilities58. Parking deck

Penticton59. Sewerage works and services for specific areas

Chilliwhack60. By-law to require voter to vote for as many candidates as there are vacancies60.A Drainage system

Delta61. Dykes and drainage

Spallumcheen62. Taxing for special districts

Summerland63. Power to undertake irrigation works

Salmo64. Vesting of park in village

Vancouver65. Conveyance of land66. Discharge of policemen

Delta67. Waterworks68. By-laws68.A Agreement with water district68.B North Delta sewer taxes

Mission City



69. Local improvement by-laws

City of North Vancouver69.A Agreement confirmed69.B City of North Vancouver agreement69.C Review of assessment rolls69.D Tax sale69.E Agreement confirmed

District of North Vancouver70. Frontage and other taxes for certain sewers70.A Local improvement

Sidney71. Submission of question71.A Sewer rates and charges71.A Validation of annual rates by-law

Squamish72. Agreement72.A Purchase of land72.B Letters Patent72.C Provision for extension of boundaries

Victoria73. Borrowing powers74. Elections75. Barber-shop closing75.A Victoria civic arena75.B Sidewalk canopies75.C Removal of restriction75.D Power to enter75.E By-law validation

Kent76. Dyking and drainage

New Westminster77. Extension of boundaries

Greater Victoria78. Sewage-disposal study agreement78.A Centennial agreement

Princeton79. Sewerage charges



Saanich80. Vesting of lands80.A Vesting of title80.B Lands for waterworks80.C Regional park lease80.D Financing of sewers

100 Mile House81. Bridge Creek Estate land

Nanaimo82. Taxation exemption82.A Bus purchase and sale82.B Application of s. 75

Campbell River83. Amendment of Letters Patent83.A Supplementary Letters Patent

Stewart84. Extension of boundaries

Duncan and North Cowichan85. Quashing period86. Transition

Aennofield87. Validation of ballot

Gold River88. Current borrowing power

Invermere89. Validation of election

Masset90. Validation of election90.A By-laws

Port Alice91. Provision for first election

Revelstoke92. Validation of agreement

Williams Lake



93. Power to acquire land for development

Regional District of the Capital of British Columbia94. Waterworks and regional park94.A Registration of title

Fort St. James95. Ratification of agreement

Nelson96. Waterworks extension

Port Hardy97. Vehicle licences

Prince Rupert98. Supplementary Letters Patent

Prince George99. Charges

Richmond100. Financing of trunk sewers100.A Utilities

Sparwood101. Letters Patent101.A Qualification for office

Vanderhoof102. Statutory dates

Water Districts103. Fluoridation103.A Service beyond boundaries104. Parks105. Repealed

City of Vancouver106. Removal of restriction

Central Kootenay107. Letters Patent108. Budget

Comox-Strathcona109. Supplementary Letters Patent



East Kootenay110. Effective date

Fraser-Burrard111. Financing

Gibsons112. Change of name

Greater Nanaimo Sewerage and Drainage District113. Membership

Midway114. Vehicle licences

Okanagan-Similkameen115. Supplementary Letters Patent116. Payment for services

Peace River117. Election

South Fort George118. Incorporation date

Thompson-Nicola119. Meeting of Board

New Westminister120. By-law

View Royal Fire Protection District121. Sewer study

Columbia-Shuswap122. Supplementary Letters Patent

Greater Vancouver Water District123. Agreement with City of Vancouver

Regional Districts124. Repealed125. Validation budget and rates by-laws126. Letters Patent127. By-law funds128. Tax penalty date



129. Repealed

Borrowing By-laws130. Transitional

Regional Districts131. Transfer of Regional Planning Boards

Regional District of the Capital of British Columbia132. Repealed

Coquitlam133. Utilities

Duncan and New Westminster134. Sidewalk canopies

Fraser Mills-Coquitlam135. Provision for amalgamation

Kamloops136. Agreement

Nanaimo137. Lease

Okanagan Basin Water Board138. Provision for joint board

Saanich139. Land assembly and development

Surrey-White Rock140. Boundary study

Vancouver141. Moneys in lieu of taxes142. Repealed

Victoria143. Debenture issue

Greater Vancouver Regional District144. By-law No. 8

Campbell River Fire Protection District145. Transfer of title



Lower Mainland Regional Planning Board146. Confirms Orders in Council

By-laws147. Validates by-laws

Capital Programmes148. Validates by-law

Campbell River149. Amends by-law

Campbell River Fire Protection District150. Approval

Courtenay151. Validates by-law

Duncan152. Validates agreement

Hudson's Hope153. Reduction in area

100 Mile House154. Validates by-law

Kitimat155. Provision to change corporate name

Matsqui, Sumas, Abbotsford156. Sewers

Nanaimo157. Powers under Div. (2), Part XVI

Port Alberni158. Validates by-laws

Port Hardy159. Exceptions

Prince Rupert160. Enables by-law adoption

Quesnel



161. Enables increase of size of Council

Sumas162. Arena

Sunshine Coast Regional District163. Validates by-laws

Vancouver164. West End Community Centre

Vernon165. Validates agreement

Williams Lake166. Loans authorization by-law

Repealed167. Repealed

Kent168. Validates by-laws

Chilliwhack169. Amends Act

Delta170. Plans for land of B.C. Harbours Board

Fort St. James171. Borrowing172. Validation of assessment rolls173. Employment programmes174. Municipal Finance Authority of British Columbia Act not to apply175. Letters Patent176. Fire protection177. Validation of by-law178. Finance Authority appointments

Campbell River179. Campbell River

Columbia Basin Water Board180. Columbia Basin Water Board

Regional District of Strathcona181. Regional District of Strathcona



Cranbrook, Fernie and Kimberley182. Cranbrook, Fernie and Kimberley

Fraser Mills-Coquitlam183. Fraser Mills-Coquitlam

Greater Vancouver Regional District184. Greater Vancouver Regional District

Greater Vancouver Regional District Regional Parks185. Greater Vancouver Regional District Regional Parks

Houston186. Houston

Repealed187. Repealed

Nanaimo188. Nanaimo

Port Alberni189. Port Alberni

Port Hardy-Princeton-Tahsis190. Port Hardy-Princeton-Tahsis

Salmon Arm191. Salmon Arm

South Fort George192. South Fort George

Vancouver193. Repealed

Greenwood196. Greenwood

Prince George197. Prince George

Surrey198. Surrey199. Surrey



Greater Vancouver Regional District200. Greater Vancouver Regional District

Thompson-Nicola Regional District201. Thompson-Nicola Regional District202. Thompson-Nicola Regional District203. Repealed204. Repealed

Burnaby-Vancouver205. Burnaby-Vancouver

Castlegar-Kinnaird206. Castlegar-Kinnaird

Central Saanich207. Central Saanich

North Saanich208. North Saanich

Port Alberni209. Port Alberni

Prince Rupert210. Prince Rupert

Revelstoke211. Revelstoke

District of Stewart212. District of Stewart

Sumas Drainage, Dyking, and Development District213. Sumas Drainage, Dyking, and Development District

Surrey-White Rock214. Surrey-White Rock

Terrace215. Terrace

Vancouver216. Vancouver217. Vancouver

Alberni-Clayoquot



218. Alberni-Clayoquot

Burnaby219. Burnaby

District of Campbell River220. District of Campbell River

Regional District of Comox-Strathcona221. Regional District of Comox-Strathcona222. Regional District of Comox-Strathcona

Regional District of Nanaimo223. Regional District of Nanaimo

Port Hardy224. Port Hardy

Regional Districts225. Repealed

Chilliwhack226. Chilliwhack

New Westminster227. New Westminster

Comox-Strathcona228. Comox-Strathcona229. Reorganizing municipalities230. Validating assessment rolls

Burnaby231. Burnaby232. Greater Vancouver Water District and Sewerage and Drainage District233. Resort Municipality of Whistler234. Comox-Strathcona Letters Patent235. East Kootenay Letters Patent

City of Vancouver236. Refund of taxes paid by Canadian Pacific Limited for Pier B-C237. Pier B-C Development Board exemption from taxation238. Extension of borrowing power

City of Kelowna239. Bylaw may provide for private sewage collection



Regional District of Nanaimo240. Validation of payments to Exhibition Park

City of Prince George241. Validation of bylaw242. Not yet in force

Local Services Act243. Validation of zoning regulations

Ganges, Salt Spring Island244. Validation of Letters Patent

City of Port Moody245. Bylaw enabling

Sections 246 to 284246. Validation of land use contract247. Validation of agreement for waste disposal248. Authorization to levy charge249. North Vancouver Water District membership250. Repealed251. Metchosin validation252. Colwood validation253. Cariboo Regional District agreement validation254. Surrey validation255. Chetwynd Ice Arena validation255.1 Retroactive effect256. Quesnel sewer agreement validation257. Kamloops tax bylaw validation258. Richmond park land exchange259. Victoria Convention Centre lease exemption260. Kelowna Convention Centre lease exemption261. Powell River tax refund262. Port Moody bylaw enabling and validation263. Kitimat gas tax validation264. Central Kootenay – Enabling265. Elkford and Sparwood tax refunds266. Burnaby Official Community Plan validation267. Revelstoke dredging borrowing validation268. G.V.R.D. coordinated emergency telephone system269. Prince George water rates validation270. Fort Nelson-Liard and Peace River Regional Districts validation271. Esquimalt tax rate amendment validation272. Tumbler Ridge – validation of loan and authority to write off debt



273. Okanagan-Similkameen Bylaw No. 908 validation274. Validation of specified area bylaws275. Cariboo and Thompson-Nicola joint library system276. Regional District of Nanaimo solid waste management277. City of Kelowna Curling Club lease278. Town of Smithers loan bylaw validation279. Town of View Royal incorporation validation280. Pacific Northern Gas franchise agreement281. City of Port Moody industrial sewer charges282. Vancouver - validation of bylaw283. Okanagan-Kootenay Sterile Insect Release Board284. Whistler Convention Centre and Whistler Golf Course

Title

1. This Act may be cited as the Municipalities Enabling and Validating Act.1958-35-1.

Interpretation

2. This Act and any regulation passed under this Act, unless the context otherwiserequires, shall be read in conjunction with and be considered an extension of theMunicipal Act.

1958-35-2.

Prior enactments not affected

3. Nothing in this Act shall be construed as affecting the enactment of any public orprivate Act enacted prior to the first day of January, 1958.

1958-35-3.

Power to make regulations

4. For the purpose of carrying into effect the provisions of this Act according totheir true intent, and of supplying any deficiency therein, theLieutenant-Governor in Council may make such regulations as are considerednecessary or advisable, and such regulations shall have the same force and effectas if enacted by this Act, and shall be published in the Gazette.

1958-35-4.

General retroactive provision

5. Each section of this Act is retroactive to the extent necessary to give force andeffect to its provisions.

1959-57-2.



Former by-laws, etc., can be amended

6. Notwithstanding section 16 of the Interpretation Act, any by-law, order, orregulation which was passed or adopted under any of the Acts mentioned insections 889 to 896, inclusive, of the Municipal Act, being chapter 42 of theStatutes of 1957, may be amended pursuant to and consistent with the MunicipalAct, and shall not be deemed annulled by such amendment.

1958-35-5.

Validation of 1958 taxation procedures

7. With respect to the year 1958, no assessment roll, rates by-law, taxation roll, orby-law by which the annual budget was adopted, of any municipality,. or anyprocedures involving them shall be deemed to be invalid or without lawfulauthority only because of non-compliance with required statutory dates.

1959-57-2.

Validation of 1960 elections

7.A Where through inadvertence the nomination-day in any municipality for theelection of members of the Council in the year 1960 was held on the fifth day ofDecember and the polling-day (if any) was held on the fifteenth day ofDecember, the election so held is as valid as if the statutory dates had beencomplied with.

1961-45-2.

Business tax for 1965

7.B The statutory date of the thirtieth day of November, 1964, does not apply toby-laws adopted under section 427 of the Municipal Act for the purpose ofimposing a business tax in and for the year 1965, if the by-law is adopted prior tothe fifteenth day of May, 1965.

1965-30-2.

Levy by certain municipalities for 1964 debentures

7.C (1) This section applies only to The Corporation of the District of Kitimat, TheCorporation of the District of North Cowichan, and The Corporation of theDistrict of Powell River.

(2) Notwithstanding the provisions of the Municipal Act or any other Act, theCouncil may by by-law provide that personal property as defined in section 426Aof the Municipal Act shall be improvements for the purpose of levying debt ratespursuant to clause (b) of subsection (1) of section 206 of the Municipal Act inrespect of any debenture debts outstanding as at the thirty-first day of December,1964, during the currency of any debentures issued under the by-laws authorizingthe said debts.

(3) Debenture debts under subsection (2) include indebtedness of The Corporation ofthe District of Powell River incurred under section 247 of the Municipal Act andsection 13 of the Powell River Incorporation Act, being chapter 108 of theStatutes of 1955, which are not chargeable to a specified area under the latter Act.



1965-30-2.

Redemption of debentures

7.D (1) After the last of any series of debentures issued pursuant to the District ofBurnaby Debt Refunding Act, 1940, the District of Burnaby Debt Refunding Act,1946, the City of Greenwood Debt Refunding Act, 1941-42, the City of NorthVancouver Debt Refunding Act, the District of North Vancouver Debt RefundingAct, the City of Port Coquitlam Debt Refunding Act, 1941-42, the City of PortMoody Refunding Act, 1935, the City of Prince Rupert Refunding Act, 1935, andthe Victoria City Debt Refunding Act, 1944, becomes redeemable, the Council ofthe municipality concerned may cause to be transferred in trust to the Minister ofFinance the full amount of money required to redeem any debentures and interestcoupons of such series unpresented for redemption.

(2) The Minister of Finance shall, upon presentation to the municipality of anyunredeemed debentures referred to in subsection (1), pay to the municipality,upon the order of its Treasurer, the principal amount of the debentures togetherwith the value of any interest coupons attached thereto.

(3) Upon the transfer to the Minister of Finance of the full amount of money requiredunder subsection (1) for any such debentures, the said debentures shall be deemedto have been redeemed and fully paid for the purposes of the applicable Actaforesaid.

1965-30-2.

Boundary Commissioner

7.E (1) This section applies only with respect to municipalities within the RegionalDistricts of Fraser-Cheam, Fraser-Burrard, Dewdney-Alouette, and Central FraserValley

(2) Notwithstanding the Municipal Act or any other Act, the Lieutenant-Governor inCouncil may by Order appoint a Commissioner to determine and redefine theboundaries of any municipality deemed by such Order to be uncertain, and uponsuch determination being approved by the Minister, the Lieutenant-Governor inCouncil may by supplementary Letters Patent redefine the boundaries of themunicipality accordingly.

1968-35-2.

Extension of tax penalty date

7.F The following by-laws are not invalid with respect to their application in the year1967 by reason only that they were adopted after the time prescribed insubsection (2) of section 384 of the Municipal Act: District of Hudson's HopeBy-law No. 47 cited as "Percentage Additions By-law No. 47"; District ofSquamish By-law No. 253 cited as "Percentage Addition Extension By-law No.249, 1967, Amendment By-law No. 253, 1967"; District of Port Hardy By-lawNo. 15 cited as " Percentage Addition By-law"; Town of Castlegar By-law No.325 cited as "The Corporation of the Town of Castlegar to designate dates forpercentage additions upon current taxes for 1967."

1968-35-2.

Qualification of voters



7.G Notwithstanding the provisions of the Municipal Act, any person who was aresident in, or the owner of land in, the District of Gold River, the District ofMackenzie, the District of Port Alice, or the Village of Fraser Lake, as the casemay be, one month prior to the thirty-first day of October, 1967, was qualified tohave his name entered upon the list of electors of the relevant municipalityprovided he was otherwise qualified.

1968-35-2.

Expropriation for airport purposes

7.H Subject to Division (4) of Part XII of the Municipal Act, the Council of TheCorporation of the City of Grand Forks, the City of Kelowna, or The Corporationof the City of Revelstoke may by by-law expropriate, without the municipality,any real property, or any interest therein, required for airport purposes.

1968-35-2.

Certain revenue fund deficits validated

8. The creation of a deficit or portion thereof in the general revenue fund operationsof any municipality in and for the year ending on the thirty-first day of December,1958, by the participation of the municipality in the Municipal Winter WorksIncentive Programme of the Government of Canada shall not be construed as aviolation of the provisions of subsection (1) of section 247 of the Municipal Act,but such deficit or portion thereof shall be a first charge upon the general revenueof that municipality for the year 1959 and shall be included as an expenditure forrecovery in the annual budget for the year 1959.

1959-57-2.



Cache Creek

Frontage tax for waterworks prior to March 27th, 1961

8.A Notwithstanding section 317 of the Municipal Act, Division (3) of Part IX of thatAct applies to the Local District of Cache Creek, and all acts and things done bythe Council or by the Commissioner of that municipality prior to the enactment ofthis section relation to the imposition of a frontage tax for waterworks purposesare valid and are deemed to have been within the powers of the said municipality.

1961-45-3.



Cumberland

Conveyance of school lot, Nelson District

8.B (1) Notwithstanding the conditions of any Crown grant, the provisions of the PublicSchools Act or any other Act, The Corporation of the Village of Cumberland maygrant and convey to the Board of School Trustees of School District No. 71(Courtenay) all the right, title, and interest of the former City of Cumberland inand to all that parcel or lot of land situate in Nelson District and known as"School Lot and School Addition, Nelson District," as registered in Absolute FeesBook, Volume 20, Folio 43, Numbers 6188C and 6189C.

(2) The Registrar of the Victoria Land Titles District may accept for registration, freefrom any condition or trust, any such conveyance.

1961-45-3; 1978-25-333.

Arrears of taxes

8.C Taxes in arrear imposed under section 8A shall be deemed to be delinquentreal-property taxes imposed under the Taxation Act.

1962-43-2.



Dawson Creek

Letters Patent validated

9. In order to remove any doubt or uncertainty whatsoever, the Letters Patent of TheCorporation of the City of Dawson Creek and the Order in Council authorizingtheir issue on the thirtieth day of December, 1957, are hereby declared to beconfirmed and validated.

1958-35-6.



Surrey

Exchange of Robson Park

10. Notwithstanding the Municipal Act, the Council of The Corporation of theDistrict of Surrey is empowered to do all the necessary acts and things required toexchange the property presently known and dedicated as Robson Park anddescribed as Lot 3 of Section 32, Block 5 north, Range 2 west, New WestminsterDistrict, as shown on Plan 9881 on file in the Land Titles Office, NewWestminster, for the property described as Parcel F of Lot B, Block 1 of Section32, Block 5 north, Range 2 west, New Westminster District, Plan 5671, as shownon Reference Plan 15643 on file in the Land Titles Office, New Westminster, andLot C of Section 32, Block 5 north, Range 2 west, New Westminster District, asshown on Plan 18038 on file in the Land Registry Office, New Westminster, andLot B of Section 32, Block 5 north, Range 2 west, New Westminster District, asshown on Plan 18258 on file in the Land Titles Office, New Westminster,providing that the property acquired by the exchange is dedicated by by-law as apark to be known as "Robson Park."

1958-35-8; 1978-25-334.

Dyking assistance

10.A The Corporation of the District of Surrey shall be deemed to have had full powerand authority to grant aid to the Surrey Dyking District in the year 1962 and inany previous year, and the making of such grants and the procedures followed inso doing are declared to have been validly exercised.

1961-45-3; 1963-30-2.

Agreement between Surrey and Greater Vancouver Water District

10.B Notwithstanding any requirement of the Municipal Act, the Greater VancouverWater District Act, and any other Act, the agreement entered into between TheCorporation of the District of Surrey and the Greater Vancouver Water Districton the twenty-eighth day of December, 1961, and the agreement entered intobetween The Corporation of the District of Surrey and the Greater VancouverWater District on the thirty-first day of January, 1962, are valid and binding onThe Corporation of the District of Surrey and the Greater Vancouver WaterDistrict, whether the same would otherwise be ultra vires of either or both of thecorporations or not; and the respective parties to the agreements may carry outand give full force and effect to every covenant, agreement, stipulation, condition,and provision in the agreements, according to the terms thereof; and everythingdone by the Greater Vancouver Water District under and by virtue of theagreements is and shall be deemed to be for the purpose of the undertakingsauthorized by the Greater Vancouver Water District Act; and any indebtedness ofThe Corporation of the District of Surrey under and by virtue of the agreementsshall be excluded from the general debt of the municipality in determining itsborrowing powers and shall not be deemed to be an indebtedness of themunicipality for the creation of debts by the issue of debentures or otherwise.

1962-43-3.



Financing of trunk sewers

10.C (1) Notwithstanding any provision of the Municipal Act, the Council of TheCorporation of the District of Surrey (hereinafter referred to as the "Corporation")may adopt, without the assent of the owner-electors, by-laws(a) for the purpose of the construction of a system of trunk sew-erage-works

for the collection, conveyance, and disposal of sewage, including, withoutlimiting the generality of the fore-going, forcemain sewers and theirpump-houses and such ancillary drainage-works for the impounding,conveying, and discharging of surface and other waters, as are necessaryfor the proper laying-out and construction of the said system ofsewerage-works; and the total amount to be raised annually for theretirement of debt (including principal and interest) incurred for suchworks shall be levied and raised by a mill rate on the taxable assessedvalues for general purposes of land only of all real property within the areato be benefited, as defined by the Greater Vancouver Sewerage andDrainage District, save for land defined by any by-law of the Corporationnow or hereafter as agricultural land, or such lesser area as the Councilmay from time to time define by by-law; and

(b) for the purpose of constructing lateral sewerage-works for the collection,conveyance, and disposal of sewage, including, without limiting thegenerality of the foregoing, such manholes and connecting drains as itdeems necessary; and the amount required annually for the retirement ofdebt (in-cluding principal and interest) incurred for such works may beraised by the imposition of rates and charges pursuant to section 532 of theMunicipal Act;

and the amount required for the operation and maintenance of the works referredto in clauses (a) and (b) may be raised in the manner provided in clause (b).

(2) Clause (b) of subsection (1) of section 253 of the Municipal Act applies withrespect to borrowing money for the construction of sewers and sewerage-workspursuant to this section.

1968-35-2.

Utilities

10.D (1) Subject to subsection (2), where, in the opinion of the Council of The Corporationof the District of Surrey (hereinafter called the "Corporation"), it is not possibleor desirable to install public utilities in, on, or over streets or lanes, the Councilmay from time to time, for the purpose of providing such public utilities,(a) determine and define the location and extent of

(i) the land within the municipality on, over, or under which the utilitiesshall pass; and

(ii) what other land within the municipality shall be required for accessto and from the aforesaid lands to construct, repair, and maintain theutilities adequately; and

(b) prepare, or cause to be prepared, a plan or plans showing to the satisfactionof the Registrar of the New Westminster Land Titles District the locationand extent of the lands so determined and defined by the Council andwhether the said lands will be used for the utilities or only for accessthereto and therefrom.



(2) This section applies only where the land on, over, or under which the utilitiesshall pass is capable of being directly connected to the utility works to beinstalled on, over, or under that land.

(3) Notwithstanding anything contained in paragraph (i) of clause (a) of subsection(1), the Council of the Corporation shall not include any land on, over, or underwhich utilities are to pass where such land is more than 3 m from the nearestregistered property-line, measured at right angles to such line, without firsthaving applied to the Board of Variance established pursuant to section 708 of theMunicipal Act for an adjudication as to the necessity of the Corporationdetermining and defining such land pursuant to this section, and whether or notsuch determination causes undue hardship to the owner concerned. Where theBoard is satisfied that the proposed easement is necessary and no undue hardshipwill be caused, it shall so certify. The Board of Variance is empowered to soadjudicate, and an appeal lies to a Judge of the County Court from the decision ofthe Board.

(4) Before adjudicating on the merits of the Corporation's application, the Board ofVariance shall first have satisfied itself that the Corporation has caused writtennotice of the time, place, and nature of the proposed adjudication to be servedupon the persons who are owners (as defined in the Municipal Act) of the landsaffected, and service of such notice shall be deemed sufficient if sent at least twoweeks before the adjudication by registered mail to such persons in accordancewith section 401 of the Municipal Act.

(5) The costs and incidental expenses of causing written notice to be given pursuantto subsection (4) shall be borne by the Corporation.

(6) The plan or plans shall be

(a) certified by the Mayor and Clerk of the Corporation as having been madepursuant to and in accordance with a determination and definition of theCouncil under this section; and

(b) certified by the Chairman of the Board of Variance where an adjudicationmade pursuant to subsection (3) has upheld in whole or in part theCorporation's application, and that no undue hardship is caused thereby;

and upon deposit of the plan or plans in the land titles office for the NewWestminster Land Titles District, the Corporation shall, in respect to the landsshown on the plan, be entitled to,

(c) in the case of land to be used for the utilities, the rights set forth in Part I ofthe Schedule hereto; and

(d) in the case of land required for access to and from the utilities, the rightsset forth in Part II of the Schedule hereto,

as if the said rights had been granted to the Corporation by the owner or ownersof the said lands and of all interests therein, save and except the Crown; andupon compliance with the Land Titles Act, the Registrar of the said land titlesdistrict shall register the said rights against the said lands as a charge by way ofright-of-way without any further grant or instrument or the production of theduplicate certificate of title to the said lands.

(7) The determination and definition of any lands by the Council as aforesaid shall beconclusive and binding on all persons except the Crown owning or having aninterest in the lands, and upon registration of the said rights the same shall takepriority over all other interests and charges registered against the lands exceptthose registered in the Crown.

(8)



For the purpose of this section, the words "public utility" and "utility," or theplural thereof, include, without limiting the generality thereof, sewers andsewerage.

(9) Nothing in this Act shall be deemed to limit the right of the Corporation, pursuantto the expropriation provisions of the Municipal Act, to acquire any interest inland which it otherwise would have had the right to acquire.

(10) The Corporation shall not be required to make or pay any compensation for or inrespect to the rights acquired under this section or anything done thereunderexcept the actual cost of repairing, replacing, or relocating any fence, building,shrub, garden plant, or other improvement which may be damaged, destroyed, ormoved by the Corporation in the exercise of any rights acquired by it under thissection.

(11) The owner or owners of the lands on, over, or under which the Corporation shallhave acquired any rights under this section shall not do or permit to be done onthe said lands any of the acts, deeds, or things set forth in Part III of the Schedulehereto, and the Corporation shall observe and perform, and shall cause to beobserved and performed, the conditions, stipulations, and things set forth in PartIV of the Schedule hereto.

(12) The Lieutenant-Governor in Council may make rules and regulations notinconsistent with this section in respect to the aforesaid plan or plans and othermatters contained in subsections (1), (10), and (11).

SCHEDULE

Part I. – Rights on, over, or under Lands to Be Used for the Utilities

For the Corporation by its servants, agents, licensees, and workmen to enter and re-enter upon thesaid lands and to cut down, trim, and remove trees, shrubs, plants, fences, buildings, and otherimprovements and things growing, placed, constructed, or otherwise upon the said lands and toconstruct, repair, replace, maintain, and keep up sewers, drains, water and gas mains, electric,communication. and telephone lines, and other public utilities, and all works and things required inconnection therewith.

Part II. – Rights on, over, and under Lands Required for Access to the Utilities

For the Corporation by its servants, agents, licensees, or workmen to enter and re-enter and pass andrepass on and over the said lands with or without vehicles, machinery, instruments, and tools for thepurpose of exercising the rights set forth in Part 1 of this Schedule.

Part III. – Acts Not to Be Done by the Owners

The owners shall not build, erect, or place upon the said lands anything that will interfere with therights of the Corporation on, over, or under the said lands, or any works, vehicles, equipment,instruments, tools, or utilities taken, placed, left, or constructed upon the said lands.

Part IV. – Conditions and Stipulations to Be Performed and Observed by the Corporation

The Corporation shall not unnecessarily damage, remove, or destroy any tree, shrub, plant, fence,building, improvement, or other thing upon the said lands, and will erect and maintain propersafeguards about its works and will remove all rubbish and debris from the said lands as soon as



possible.1968-35-2; 1977-53-1; 1978-25-333, 334, 335.



Alberni

Validation of lease agreement

11. It is declared lawful and within the powers of the Corporation of the City ofAlberni to have entered into a lease with MacMillan & Bloedel (Alberni) Limitedfor the acquisition of those certain pieces, parcels, or tract of land and premisesknown as part of Lot 2, part of Lot 5, and part of Lot 6, Alberni District,according to the indenture made between the said company and the said city.

1959-57-3.



Burnaby

Special powers re specified areas for sewers

12. (1) Notwithstanding the provisions of any by-laws of The Corporation of the Districtof Burnaby (hereinafter called the "Corporation") in respect of sanitary sewers orcombined sanitary and storm sewers under which debts are presently owing bythe Corporation to the Greater Vancouver Sewerage and Drainage District underagreements entered into pursuant to the Greater Vancouver Sewerage andDrainage District Act, or under which debentures of the Corporation arepresently outstanding, the Council of the Corporation may, by by-law with theassent of the owner-electors, provide(a) that from a specified date no levies shall be imposed, raised, or levied

under the terms of the said by-laws;(b) that from the said specified date the requisite sums required to be raised

under the said by-laws in respect of the said sanitary sewers and combinedsanitary and storm sewers shall be levied and raised by way ofreal-property taxes in each year by a rate, over and above all other rates onall the taxable land and improvements in the Corporation, at the same timeand in the same manner as other rates, sufficient to make up any known oranticipated deficiency in the amounts raised or to be raised bysewer-connection charges, frontage taxes, sewer rentals, or any otherspecial rates, charges, or taxes imposed by the Corporation for the annualpayment of interest on and for the repayment of the principal of the saiddebts owing and said debentures outstanding.

(2) Storm-sewers portion of costs - The provisions of subsection (1) shall not affectthe sharing of the costs under any of the said by-laws as between the owners andthe Corporation at large in respect of any combined sanitary and storm sewers.

(3) Special rates for other than debt - The provisions of subsection (1) shall not actto bar the Council from including amounts required for the annual estimatedexpenses of management, maintenance, and operation of the said sanitary sewersor for the estimated annual cost of extensions, renewals, and improvements to thesaid sanitary sewers in any special rates, charges, or taxes imposed therefor.

1959-57-4.

Accounting and control for special charges

13. The Treasurer of the Corporation shall keep all revenues from sewer-connectioncharges, frontage taxes, sewer rentals, and any other special rates, charges, ortaxes in respect of the said sanitary sewers or combined sanitary and storm sewersin a special account, separate and distinct from all other accounts of theCorporation, and shall use the said revenues to the extent available, first, for thepayment of principal and interest on debentures of the Corporation issued inrespect of the said sanitary sewers or combined sanitary and storm sewers and forpayments required to be made to the Greater Vancouver Sewerage and DrainageDistrict under agreements entered into pursuant to the Greater VancouverSewerage and Drainage District Act in respect of the said sanitary sewers orcombined sanitary and storm sewers; second, for payment of the expenses ofmanagement, maintenance, and operation of the said sanitary sewers or combined



sanitary and storm sewers; and, third, for payment of the cost of extensions,renewals, and improvements to the said sanitary sewers or combined sanitary andstorm sewers.

1959-57-3.

Inauguration of five-year capital expenditure programme

14. (1) Instead of submitting, under the Municipal Act for the assent of theowner-electors a by-law providing for contracting debts by borrowing orotherwise, the Council of the Corporation may by by-law submit for the assent ofthe owner-electors a question substantially in the following form:

Are you in favour of the Council of The Corporation of theDistrict of Burnaby without further assent of the owner-electorsat any time or from time to time within five years from______________ [being a date determined by the Council]contracting debts by borrowing or otherwise, not to exceed in theaggregate the amount of seven million dollars, for the purpose ofconstructing, reconstructing, extending, renewing, and improvingthe sani-tary sewerage system and the drainage system of theCorporation?

(2) Borrowing therefor - Notwithstanding section 247 or clause (e) of section 251of the Municipal Act or section 7 of the Greater Vancouver Sewerage andDrainage District Act, when the assent of the owner-electors has been given inresponse to a question authorized by subsection (1), the Council may thereafter,at any time or from time to time within the period specified and without furtherassent of the owner-electors, adopt a by-law or by-laws providing for thecontracting of debts by the issue and sale of debentures or otherwise in suchamounts, not exceeding in the aggregate the said amount of seven million dollars,as the Council of the Corporation may deem necessary for any or all of thepurposes named in the said question.

1959-57-3.

Further financing

14.A For the purpose of completing the sewerage and drainage systems of theCorporation, started before the enactment of this provision and financed asprovided for under section 14, the Council may borrow a further sum or sums notexceeding in the aggregate six million five hundred thousand dollars under theprovisions of clause (b) of section 253 of the Municipal Act without therequirement of having a certificate of self-liquidation in respect of such systems.

1964-34-2.

Exception

15. The exercise of the powers granted under section 14 for contracting debts withoutthe further assent of the owner-electors shall not act to bar the Council of theCorporation from exercising any powers granted under the Municipal Act or theGreater Vancouver Sewerage and Drainage District Act.

1959-57-3.



Municipal Act provisions apply

16. The exercise of any of the powers under sections 12 to 14, inclusive, shall not actto relieve the Council of the Corporation from any other requirement of theMunicipal Act or any other Act, except to the extent as provided under suchsections.

Termination of powers

17. The powers granted under section 14 are exhausted when the principal amountsof the debts so contracted amount in the aggregate to the sum of seven milliondollars.

1959-57-3.

Use of surplus proceeds of debenture by-law

17.A Where debentures are issued by The Corporation of the District of Burnabypursuant to a debenture by-law adopted under section 606 of the Municipal Actand there is a surplus over and above the amount required for the purposes of theconstruction by-laws referred to in the debenture by-law,(a) in addition to exercising the powers under subsection (2) of section 604 of

the Municipal Act, the Council may, by by-law approved by the Inspectorof Municipalities, appropriate a part or all of the surplus for the purpose ofa subsequent construction by-law, and in that event the amounts to bespecially charged against parcels of land and payable by the Corporationunder the subsequent construction by-law shall include the amountappropriated together with interest thereon at the rate prescribed in thedebenture by-law; and

(b) section 606 of the Municipal Act applies mutatis mutandis.1963-30-3.

Borrowing

17.B (1) Notwithstanding subsection (1) of section 247 of the Municipal Act, the Councilof The Corporation of the District of Burnaby may, with the approval of theInspector of Municipalities, by by-law or by-laws adopted without the assentthereto of the owner-electors, provide for contracting a debt or debts for thepurpose of constructing and equipping a building or buildings for theadministration of justice and related facilities.

(2) The provisions of paragraphs (i) and (ii) of clause (a) of subsection (1) of section253 of the Municipal Act apply, mutatis mutandis, to a by-law adopted undersubsection (1).

1965-30-2.



Castlegar

Validation of extension of boundaries

18. The supplementary Letters Patent extending the boundaries of The Corporation ofthe Village of Castlegar, issued under authority of Order in Council No. 1330,approved on the fourth day of June, 1958, are hereby declared valid and binding.

1959-57-3.

Vesting of land

18.A The lands, the title to which are registered in the Nelson Land Registry Officeunder Certificate of Title No. 747901, are vested in The Corporation of theVillage of Castlegar, free from any trust or condition but otherwise subject to theexceptions and reservations contained in the original grant from the Crown, andthe Registrar of the Nelson Land Registration District may, upon(a) being advised by the Public Utilities Commission that it has no objection;

(b) (b) production of a copy of this Act; and

(c) compliance with the Land Registry Act,

issue to that Corporation a certificate of indefeasible title to the said lands, freefrom any trust or condition but subject to the exceptions and reservationscontained in the original grant from the Crown. No fees are payable on theapplication under items 5 and 6 of the Scale of Fees, Second Schedule, of theLand Registry Act.

1965-30-2.

Letters Patent

18.B The supplementary Letters Patent extending the boundaries of the Town ofCastlegar, issued the twenty-eighth day of December, 1967, pursuant to Order inCouncil No. 3919/67, are confirmed and validated as of the date of issue.

1968-35-2.



Coquitlam

Validation of certain debenture by-laws

19. Notwithstanding the requirements of the Municipal Act or of any other Act,By-law No. 907, cited as "The District of Coquitlam Local ImprovementConsolidation Debenture By-Law No. 907, 1959" and By-law No. 910, cited as"The Corporation of the District of Coquitlam Local Improvement ConsolidationDebenture By-Law No. 910, 1959," and By-law No. 911, cited as "TheCorporation of the District of Coquitlam Local Improvement ConsolidationDebenture By-Law No. 911, 1959," all of The Corporation of the District ofCoquitlam, are declared in all respects good and valid by-laws and within thepowers of the Council to enact.

1959-57-3.

Assumption of part of local improvement cost

19.A (1) Notwithstanding the provisions of section 617 of the Municipal Act, the Councilof the Corporation of the District of Coquitlam may by by-law provide that theCorporation assume fifty per centum of the annual costs levied or to be leviedunder the provisions of " The Corporation of the District of Coquitlam PipelineRoad Paving and Loan By-law No. 1098, 1963," as amended, and forty percentum of the annual costs levied or to be levied under the provisions of "TheCorporation of the District of Coquitlam Coast Meridian Road Paving and LoanBy-law No. 1125, 1964," as amended.

(2) A by-law adopted under this section shall be deemed to have come into force andeffect on the first day of January, 1965.

1966-34-2.

Election of school trustees

19.B (1) Notwithstanding the provisions of subsection (2) of section 115 of the MunicipalAct, a petition pursuant to the said section 115 to have the election of schooltrustees elected at the annual election in the year 1965 in The Corporation of theDistrict of Coquitlam declared invalid may be filed within ten days from the dateupon which this Act comes into force and effect.

(2) In the event that the election referred to in subsection (1) is adjudged invalid,every by-law, contract, or other proceeding adopted, entered into, or taken by theBoard of School Trustees prior to the adjudication is, if otherwise within thejurisdiction and powers of the Board, hereby declared to be valid.

1966-34-2.

Sewerage works

19.C (1) Notwithstanding any provision of the Municipal Act or by-law of the municipalityadopted pursuant to Division (2) of Part XVI, the Council of The Corporation ofthe District of Coquitlam may, by by-law, without the assent of theowner-electors, provide that all specified areas for sewerage-works established,extended, and merged pursuant to that Division are merged and the area extendedto include the entire municipality and establish a municipal enterprise including



all the sewerage-works of the municipality and sewerage-works hereafterconstructed.

(2) Such portion of the annual requisition on the municipality by the GreaterVancouver Sewerage and Drainage District, for sanitary sewerage purposes (otherthan charges pursuant to subsection (3) of section 7 of the Greater VancouverSewerage and Drainage District Act) as the Council may from year to yeardetermine, may be charged to the general revenue of the municipality if thecharge on the general revenue does not exceed the product of four mills on theassessed value of all land and improvements taxable for general purposes.

(3) In each of the years 1967 to 1971, inclusive, such portion of the annual cost of theconstruction, operation, and maintenance of the said municipal enterprise as theCouncil may determine may be charged to the general revenue of themunicipality if the charge to general revenue together with the charge undersubsection (2) does not exceed the product of four mills on the assessed value ofall land and improvements taxable for general purposes.

(4) The provisions of section 253 of the Municipal Act apply to the said municipalenterprise as if a certificate of self-liquidation had been granted therefor.

1967-30-2.



Fraser Mills

Validation of election, 1958

20. The election of Councillors at the annual municipal election for The Corporationof the District of Fraser Mills held in December, 1957, and the membership of theCouncil as thereby constituted is confirmed, and the actions and things done bythe said Council, if within the powers granted to a district municipality, aredeclared lawful.

1953-57-3.



Matsqui

Assessment rolls and notices

20.A With respect to the years 1961 and 1962, no real-property assessment roll,assessment notice, or Court of Revision of The Corporation of the District ofMatsqui, or any procedures involving them, shall be deemed to be invalid orwithout lawful authority only because of non-compliance with required statutorydates.

1962-43-4.



New Westminster

Enabling powers for toll-bridge and guarantee for borrowing

21. (1) Notwithstanding the provisions of any other Act but not in any way limiting thepowers granted under any other Act, the Corporation of the City of NewWestminster (hereinafter called the "city") may(a) construct, or cause to be constructed, and operate a toll-bridge over and

across the North Arm of the Fraser River, which may be located eitherwholly within or partly within and partly without the boundaries of thecity, together with all such works and things as are necessary or incidentthereto;

(b) by by-law borrow without the assent of the owner-electors such sum orsums, not exceeding in the aggregate four million dollars, for such purpose;

(c) by by-law issue from time to time, as necessary, debentures in principalamounts not exceeding in the aggregate four million dollars for therepayment of such borrowing or borrowings pursuant to the requirementsof the Municipal Act relating to the issue of debentures, except that theassent of the owner-electors is not required to any such by-law, and theLieutenant-Governor in Council may guarantee the payment of theprincipal of and interest on such debentures, and the MunicipalitiesAssistance Act applies, mutatis mutandis, with respect to the guarantee;

(d) fix and collect fees or tolls for the use of such bridge and to vary the samefrom time to time as deemed advisable;

(e) acquire lands, real and personal property, easements, and rights-of-wayrequired under clause (a).

1959-57-53.

Management of toll bridges

22. For the management of such bridge there shall be appointed a Board consisting ofthree persons, who shall serve without remuneration, one of whom shall be theMayor for the time being of the city, who shall be the Chairman of the Board, andtwo other persons, not being members of the Council, but who are owner-electorsof the city, appointed by the Council, subject to the following conditions:(a) The appointments, other than the Mayor, shall be for a term of two years,

or until a successor is appointed:(b) In making the first appointment the Council shall appoint one person for a

two-year term and the other for a one-year term:(c) Upon the death or resignation of a member of the Board, or on his ceasing

to be an owner-elector, or, being a city officer or other employee, on hisceasing to be employed by the city, his term shall determine, and theCouncil shall forthwith appoint a successor who shall serve for theunexpired term of such member:

(d) The Council may reappoint for a further term or terms a person whose termshall have expired.

1959-57-3.

Operation of and the fixing of charges for use of the bridge



23. The Board shall

(a) operate and maintain the bridge in good repair, and for that purposeemploy such staff as may be required, except that the Treasurer of the cityshall be the Treasurer of the Board;

(b) fix, subject to the approval of the Council, any fees or tolls to be paid by allusers of the said bridge. The Board may, in its discretion, enumerate,designate, distinguish, subdivide, classify, or exempt any or all trades,businesses, professions, occupations, callings, employments, or purposesof such users according to the character or type of use, or according to thedimensions or weight of a vehicle, and may differentiate and discriminateaccording to such classifications as to the amount of the fees or tolls to beimposed or to be exempted, and in fixing such fees or tolls the Board andthe Council shall have due regard to providing for the annual amountsrequired for(i) the payment of interest and for the repayment of the debenture debt;

and(ii) operating costs; and

(iii) maintenance charges (not exceeding in any one year one-tenth ofone per centum of the capital cost of such bridge); and

(iv) an allowance for repairs; and

(v) any extraordinary costs or expenses; and

(vi) any deficit in any year arising from the operation of the bridge;

(c) submit annually to the Council on or before the fifteenth day of Novembera statement showing the estimated revenues and expenditures for theensuing year and such other information as shall be required by theCouncil;

(d) comply with all the provisions of the Municipal Act relating to anadministrative body handling municipal funds;

(e) utilize the services of the appropriate officers and departments of the citywhenever possible for maintenance and repairs;

(f) repay advances from the city.1959-57-3.

Treasurer may make advances

24. The Treasurer of the city is authorized from time to time to advance such moneysas may be necessary to meet authorized expenditures of the Board.

1959-57-3.

Surplus of funds

25. Any surplus of revenue over expenditure remaining at the end of each year shallbe paid into the credit of the Sinking Fund Account or any special reserveaccount set up for retirement of the debentures until such accounts in theaggregate shall be sufficient to meet all debentures outstanding or unpresented forpayment together with interest thereon to maturity. Thereafter such surplus shallbe the property of the city.



1959-57-3.

Municipal enterprise

26. The said bridge, so long as the provisions of this Act apply to it, shall be deemedto be a municipal enterprise for the purpose of Division (1) of Part VI of theMunicipal Act.

1959-57-3.

Separate accounts

27. All revenue received from the operation of the bridge shall be paid into a separatebank account of the city, and all expenditures concerning the bridge shall be acharge upon the account.

1959-57-3.

Definition of "capital cost"

28. All costs and expenses of any nature and kind incurred by the city or on its behalfin connection with and incidental to the construction of the bridge shall form apart of the capital cost of the bridge and shall be met out of the net proceedsobtained from the sale of debentures.

1959-57-3.

Action after debenture debt provided for

29. When all the debentures issued under the authority of section 21 are retired orthere is on hand in the Sinking Fund Account, together with that on hand in thespecial reserve account, sufficient, moneys to retire any debentures outstanding ornot presented for payment together with interest thereon to maturity, theLieutenant-Governor in Council may declare that as and from a certain date allthe provisions of this Act applicable to the said bridge shall cease and determine;but any surplus of such moneys over and above that required for the repayment ofthe principal of and the payment of the interest on such debentures shallthereupon be transferred to the general revenue account of the city.

1959-57-3.

Special policing powers

30. The Council of the city may, subject to the approval of the Lieutenant-Governorin Council, assume the responsibility of the policing of the whole of any bridge,including the approaches thereto, operated under the provisions of sections 21 to23, inclusive. In any Order approved under the provisions of this section, theLieutenant-Governor in Council may specify the portions of Part XX of theMunicipal Act applicable therefor.

1959-57-3.

Validation of previous Acts of Council

31. The provisions of sections 21 to 30, inclusive, come into force and effect on thefirst day of June, 1954, and all acts of any nature and kind heretofore performedby the city or on its behalf, authorized thereunder, are hereby ratified and



confirmed.1959-57-3.



Oak Bay

Waterfront property

31.A Notwithstanding section 477 of the Municipal Act, the Council of TheCorporation of the District of Oak Bay may, by by-law, absolutely lease the realproperty described as Block B, Section 23, Victoria District, Plan 368, includingany foreshore rights appertaining thereto now or hereafter acquired, for a term,including any option for renewal, not exceeding in the aggregate thirty years.

1962-43-5.



Peachland

Repeater facilities

31.B The Council of The Corporation of the District of Peachland has and shall bedeemed always to have had the authority to construct, operate, and maintain relayor repeater facilities for improving the reception of television signals within thearea of the municipality.

1962-43-6.



Port Alberni

Power to enter into lease agreement

32. The Corporation of the City of Port Alberni is empowered to enter into a leaseagreement with the Corporation of the City of Alberni for the acquisition forsewerage purposes of those certain pieces, parcels, or tract of land and premisesknown as part of Lot 2, parts of Lot 5, and part of Lot 6, Alberni District, for aperiod in excess of twenty years and without the assent of the owner-electors,upon such terns as may be mutually agreed upon.

1959-57-3.

By-law remains in force

32.A Notwithstanding the non-compliance with the provisions of paragraph 20 of theLetters Patent issued for the City of Port Alberni, uniting the former Corporationof the City of Alberni and the Corporation of the City of Port Alberni, the by-lawof the former City of Alberni known and cited as the "City of Alberni FloodControl and Johnson Road Reconstruction By-law, 1965, No. 587," remains infull force and effect on and from the date of issue of the said Letters Patent.

1968-35-2.



Quesnel

Validation

33. All acts and things done by the Council of The Corporation of the Town ofQuesnel, prior to the enactment of this section, relating to the establishment of apublic library under the Public Libraries Act are hereby declared valid and withinthe powers of the said Council and Corporation.

1959-57-3.

Extension of boundaries

33.A In the event that supplementary Letters Patent are issued pursuant to theMunicipal Act extending the boundaries of the Town of Quesnel to include thelands described as "That part of Lot 77, north of the Cariboo Highway, Plan H697, except Plans 10773, 11448, and 13497 and District Lot 78 and District Lot7264" the Lieutenant-Governor in Council may, notwithstanding any provision ofthe Municipal Act, provide, inter alia, that(a) until January 1, 1973, no business tax pursuant to section 427 of the

Municipal Act shall be imposed by the Council of the Town of Quesnel;(b) subject to clause (a), no by-law adopted by the Council of the Town of

Quesnel pursuant to the said section 427 shall fix different rates of businesstax for different classes of business and the provisions of clauses (a), (b),and (c) of subsection (1) of that section do not apply with respect to theTown of Quesnel;

(c) subject to clause (a), the maximum rate of taxation under the said section427 shall not exceed one-fifth of the maximum rate of taxation otherwisepermitted by the said section;

(d) the said lands be designated as an industrial plant site under subsection (3)of section 12 of the Municipal Act and specify the works or servicesconcerned; and

(e) until January 1, 1973, in each year the value of the cost of, the specifiedworks and services referred to in clause (d) to be credited to the industrialplant site shall be deemed to be the difference between the product of themill rate imposed for municipal purposes on the remainder of themunicipality and the product of the mill rate which would have beenimposed

on the industrial plant site under the Taxation Act in such year had theboundaries of the municipality not been extended.

1967-30-2.



Richmond

General

34. In addition to and without limiting the generality of the rights and powerscontained in the Municipal Act relating to dyking and drainage, but subject to theWater Act and the Dykes Maintenance Act, The Corporation of the Township ofRichmond (hereinafter referred to as the " Corporation ") has the powers andduties hereinafter provided in respect to dykes, drains, and works incidentalthereto.

1959-57-3.

Control of other persons

35. The Council may by by-law

(a) prescribe conditions governing the design, installation, maintenance,repair, alteration, and removal of any ditch crossing, culvert, bridge, ramp,dyke crossing, causeway, road, footpath, or similar access works by anyperson other than the Corporation, wherever located;

(b) provide for the appointment of an official to whom may be delegated thepower to prescribe for such cases not prescribed by by-law under clause(a).

1959-57-3.

Limitation

36. Nothing in sections 34 to 45, inclusive, shall be construed as granting any personother than the Corporation the right to install, maintain, repair, alter, or removeany works described in clause (a) of section 35.

1959-57-3; 1962-43-7.

Saving provision re private access work

37. No action shall lie against the Corporation arising out of the negligent design,installation, maintenance, repair, alteration, or removal of any private accessworks from, to, or across any dyke, drain, or works incidental thereto, or landadjacent thereto and connected therewith, and without limiting the generality ofthe foregoing, whether or not such access works are on, in, or over any highway,or whether or not such access works are from, to, or across any private or publicworks pertaining to dyking or drainage, or whether or not such access worksconform to a by-law adopted by the Council pursuant to the powers hereincontained, or whether or not such access works have been or are the subject of avalid permit issued on behalf of the Corporation.

1959-57-3.

Extensions into another municipality

38. With the consent of the Council of an adjacent municipality first obtained, whichconsent shall not be unreasonably withheld, the Corporation may, with the



approval of the Lieutenant-Governor in Council, extend any portion of the dykingor drainage system of the Corporation into that municipality.

1959-57-3.

Saving provision, closing off of private access

39. No action shall lie against the Corporation arising out of the exercises of any ofthe rights or powers pertaining to dyking and drainage conferred upon theCouncil by this or any other Act by reason only of the closing off or limiting ofaccess from or to any real property, whether it be to or from a highway as definedby the Municipal Act or to or from any other real property.

1959-57-3.

Access control

40. The Council may require persons requesting any type of access to, along,through, under, or over any portion of the municipal dyking or drainage systemsto enter into a written contract with the Corporation by way of easement orright-of-way agreement, and may require such covenants to the benefit of theCorporation as the Council deems fit, and further require that the covenants ofsuch persons be bonded or otherwise guaranteed to the satisfaction of theCouncil.

1959-57-3.

Disposition of special levy

41. Notwithstanding anything to the contrary in this or any other Act contained, theright granted to the Council by the Richmond Drainage and Dyking Act, 1936, toimpose an annual levy for the amalgamated dyking and drainage district shallcontinue in full force and effect for the year 1959, and the money so levied shallbe taken into the revenue fund (general section) of the Corporation for thepurpose of repaying the amount owing to the said fund by the amalgamateddyking and drainage district, and the amount so owing shall be therebyextinguished.

1959-57-3.

Closing of an account

42. The sum of eight hundred and fifty-nine dollars and ninety-eight cents togetherwith any interest accrued thereon at the time of transfer, being the amount in theaccount of the Lulu Island West Dyking District, shall be closed out andtransferred to the revenue fund (general section) of the Corporation.

1959-57-3.

Special powers for and acquisition of works

43. (1) In order that title to those lands occupied by the dyking and drainage systemsprotecting the land-mass of the municipality may be vested solely in theCorporation, and in order that necessary easements and rights-of-way be createdto give the Corporation reasonable access thereto, the Lieutenant-Governor inCouncil, upon the application of the Corporation, may appoint a Commissionerwhose duties and powers shall be



(a) to determine and define the location and extent (as at the first day ofJanuary, 1959) of those lands in the municipality occupied by such dykingand drainage systems, and of those other adjacent lands reasonablyrequired by the Corporation for the support and maintenance of suchsystem; and

(b) to determine and define the location and extent (as at the first day ofJanuary, 1959) of those lands in the municipality required by theCorporation for reasonable and necessary access to such systems; and

(c) to prepare, or cause to be prepared, a map or plan, or maps and plans,showing by line, colour, or writing, or by any combination of these means,in whole or in part, the matters determined and defined under clauses (a)and (b).

(2) A Commissioner appointed under this section shall adjudicate upon everyapplication made by the Corporation to have lands determined and definedpursuant to subsection (1).

(3) Before determining or defining any lands under subsection (1), the Commissionershall cause written notice of the time and place of the proposed adjudication to beserved upon the persons who are owners of the lands affected (as defined in theMunicipal Act), and service of such notice shall be deemed sufficient if sent atleast two weeks before the adjudication by registered mail to such persons inaccordance with section 401 of the Municipal Act.

(4) The costs and incidental expenses of carrying out the provisions of this sectionshall be borne by the Corporation; but nothing herein contained shall beconstrued as imposing any obligation upon the Corporation to pay the costs orany expenses of persons presenting grievances to the Commissioner.

Registration of title to and charges on real property pertaining to dyking anddrainage systems

44. (1) Every determination of the Commissioner under section 43 is final and binding,and the deposit of a map or plan in the New Westminster Land Titles Officedelineating the matters determined and defined under section 43 and certified ascorrect by the Commissioner operates as a conveyance of any of the said landsand works thereon and therein to the Corporation, and the Corporation is entitledto be registered as the owner of the lands in fee-simple, free from any charge orencumbrances thereon, save and except those in favour of the Crown; and theRegistrar of Titles, upon being satisfied that the map or plan has been properlycertified and deposited, may, without production of the former certificate orduplicate certificate of title, register the title claimed by the Corporation in theregister of titles; and upon the similar certification and deposit of a map or plandelineating the easements and right-of-way, the municipality is entitled to haveregistered in its favour a charge upon the lands affected for the followingpurposes and including the full, free, and uninterrupted right, liberty, andright-of-way for the Corporation, its licensees, assigns, servants, officials, andworkmen, at all times thereafter by night and day and at their will and leisure forthe benefit of the Corporation:(a) To enter, labour, go, return, pass, and repass, with and without machinery

and vehicles, upon and along the delineated lands; and(b) To clear the said delineated lands and to have them, including the subsoil

thereof, remain at all times unoccupied by any embankment, fill, building,structure, driveway, fence, or other obstruction;



and the Registrar, upon being satisfied that such map or plan has been properlycertified and deposited, may register the charge by way of easement in gross,running with the land, against the property concerned in the name of theCorporation.

(2) No person shall be deprived of the right of title to any foreshore to which but forthe operation of this Act he would have otherwise been entitled.

1959-57-3; 1978-25-334.

No compensation

45. The Corporation shall not be required to pay compensation for any right, title, orinterest acquired under sections 34 to 44, inclusive.

1959-57-3.

Effect of ss. 34 to 45

45.A No right, title, or interest acquired under sections 34 to 45, inclusive, shall bedeemed to be a resumption of land reserved in any Crown grant.

1962-43-11; 1963-30-4; 1977-53-1.

Repealed

45.B Repealed. [1978-31-6]

Dyking district lands

45.C The Corporation of the Township of Richmond is entitled to be registered as theowner in fee-simple, free from all encumbrances thereon save and except those infavour of the Crown, of those lands to which title has been acquired by or whichare held in trust for(a) the Lulu Island Amalgamated Dyking and Drainage District;

(b) the Lulu Island Dyking District;

(c) the Lulu Island West Dyking District;

(d) the New Lulu Island Slough Dyking District;

(e) the Steveston Dyking and Drainage Maintenance Area;

(f) the Sea Island Drainage District;

(g) the Sea Island Dyking District;

(h) the No. 6 Road Canal District;

(i) the No. 7 Road Canal District; and

(j) the No. 8 Road Canal District

without further proof on the part of the Corporation of the inoperative status ofany of those districts, and the Registrar of Titles shall, without production of theformer or duplicate certificate of title, register the title of the Corporation in theregister of titles.

1965-30-2.



Trail-Tadanac

Delegation of leasing powers

46. (1) Notwithstanding subsection (3) of section 628 of the Municipal Act, the Councilsof The Corporation of the City of Trail, The Corporation of the District ofTadanac, and The Corporation of the Village of Warfield may, by concurrentby-laws for the joint operation, improvement, and maintenance of parks, delegateto a Parks Commission any of the powers provided by clauses (c) and (f) ofsubsection (1) of section 621 of the Municipal Act.

(2) Joint Recreation Commission, Village of Warfield - For the purposes of theestablishment of a joint Parks Commission or a joint Parks and RecreationCommission and for the purposes of subsection (1), The Corporation of theVillage of Warfield is deemed to be a city municipality.

1959-57-3; 1965-30-2; 1966-34-2.

Amalgamation

46.A (1) Notwithstanding any provision of the Municipal Act, the agreement entered intoby The Corporation of the City of Trail and The Corporation of the District ofTadanac on the twenty-second day of February, 1968, a copy of which is on filein the offices of the Inspector of Municipalities, is declared to be within thepowers of, and valid and binding upon, the parties thereto.

(2) Upon receipt of a request to accept the surrender of Letters Patent and to issuenew Letters Patent reincorporating The Corporation of the City of Trail and TheCorporation of the District of Tadanac as one municipality as provided for underthe agreement referred to in subsection (1), the Lieutenant-Governor in Councilmay, notwithstanding section 26 of the Municipal Act, upon the recommendationof the Minister and without the assent of the owner-electors having beenobtained, accept the surrender of the Letters Patent of The Corporation of the Cityof Trail and The Corporation of the District of Tadanac and issue othersreincorporating the municipalities as one municipality to be known as the "City ofTrail."

(3) Letters Patent issued under this section may include provisions in respect of anyof the matters referred to in section 12 of the Municipal Act and such otherprovisions as the Lieutenant-Governor in Council may deem proper or necessary,including the conferring of the powers of a district municipality under Division(2) of Part XVI of the Municipal Act.

(4) If Letters Patent are issued pursuant to subsection (2), the Council of the Villageof Warfield may at any time submit the question of that municipalityamalgamating with the new City of Trail for the assent of the owner-electors ofthe village; and if such assent is obtained, the Lieutenant-Governor in Councilmay, notwithstanding the provisions of section 26 of the Municipal Act, acceptthe surrender of the Letters Patent of The Corporation of the Village of Warfieldand issue supplementary Letters Patent extending the boundaries of the City ofTrail to include the former village, and the provisions of subsection (3) of thissection apply mutatis mutandis.

1968-35-2.



Burnaby

Temporary borrowing from Local Improvement Fund

47. (1) Any moneys of the Local Improvement Fund of The Corporation of the Districtof Burnaby may be used by the municipality for the purposes of section 607 ofthe Municipal Act.

(2) For the purposes of this section, the provisions of section 607 of the MunicipalAct are deemed to be in full force and effect, notwith-standing the repeal ofsection 607 of that Act by section 149 of chapter 33 of the Statutes of BritishColumbia, 1968.

(3) The provisions of this section are retroactive to the extent necessary to give fullforce and effect to the approval of the Inspector of Municipalities dated the fourthday of November, 1968, to The Corporation of the District of Burnaby By-lawNo. 5411, cited as "Burnaby Local Improvement Financing By-law, 1968."

1960-38-2; 1969-23-1.



Houston

Validation of election

48. The election of the Chairman and any Commissioner by acclamation to theCouncil of The Corporation of the Village of Houston on the first day ofDecember, 1959, is, notwithstanding section 53 of the Municipal Act, valid.

1960-38-2.



Port Moody

Validation of agreement

49. Notwithstanding the lack of a by-law or any other requirement of the MunicipalAct, being chapter 232 of the Revised Statutes of British Columbia, 1948, theagreement entered into by the City of Port Moody and Port Moody CoquitlamDevelopment Company, Limited, on the sixth day of June, 1955, is declared validand binding on both parties to the agreement.

1960-38-2.

Agreement with British American Oil Company

49.A Notwithstanding any requirement of the Municipal Act, the agreements enteredinto by the City of Port Moody and the British American Oil Company Limitedon the ninth day of June, 1958, and on the fifth day of February, 1962, are validand binding on both parties to the agreements.

1962-43-8.



Powell River

Expropriations for airport purposes

50. Subject to the Expropriation Act, the Council of The Corporation of the Districtof Powell River may by by-law expropriate, without the municipality, any realproperty, or any interest therein, required for airport purposes.

1960-38-2; 1987-23-112 (B.C. Reg. 451/87).

Annual rates by-law of Powell River

50.A Notwithstanding the provisions of the Municipal Act or any other Act, theCouncil of The Corporation of the District of Powell River may, in the annualrates by-law, levy upon personal property as defined in section 426A of theMunicipal Act, for general purposes as set out in clause (a) of subsection (1) ofsection 206, a rate not exceeding(a) two mills in and for the year 1965;

(b) one and one-half mills in and for the year 1966;

(c) one mill in and for the year 1967; or

(d) one-half mill in and for the year 1968.1965-30-2.



Victoria

Parking-decks, malls and boulevards

51. (1) Notwithstanding any Statute or law to the contrary but subject to Division (4) ofPart XII of the Municipal Act, the Council of The Corporation of the City ofVictoria, in order to make provision for the public parking of vehicles, may, byby-law adopted by an affirmative vote of at least two-thirds of all the membersthereof,(a) construct, or cause or permit to be constructed, either in whole or in part,

on, along, across, or over View Street, in the city, a parking deck or decksor similar structure or structures together with such ramps, stairways,escalators, and other works as may be deemed expedient or desirable forsuch purpose; and

(b) hold, maintain, use, and approve such structures and works and charge andcollect fees, rents, and rates for the use or occupation thereof and lease thesame or any of them, or any part or parts thereof, or any real propertyacquired for use in connection therewith, upon such terms and conditionsand subject to such reservations and for such rent or other consideration,and for such term not exceeding twenty years, including any and allrenewals of such term, as the said Council may deem expedient ordesirable; and

(c) do and perform any and all other acts and things incidental to the aforesaidpurpose, including, but without restricting the generality of the foregoing,the improvement of the said View Street, or any portion or portionsthereof, or any portion or portions of that part of Broad Street lyingbetween the said View Street and Fort Street in the said city, by theconstruction and maintenance of malls and boulevards therein and thereon.

(2) Expropriation - For the purpose aforesaid and for the purpose generally of pro-viding off-street parking facilities pursuant to section 866 of the Municipal Act,but subject always to Division (4) of Part XII thereof, the Council may, by by-lawand without the consent of the owners of the property hereinafter mentioned,(a) expropriate, take, enter upon and into possession of and use such real

property as may be deemed expedient or desirable by the said Council;(b) expropriate, take, enter into possession of and use any lease-hold interest in

or any right, title, or other interest in and to real property and any easementor right appurtenant to such real property and any easement in, over, orupon the same; and

(c) direct such taking, entering upon and into possession and use of such realproperty or leasehold interest therein or right, title, or interest therein oreasement or right appurtenant thereto or in, over, or upon the sameforthwith after the by-law shall have come into effect.

(3) Levying rates - Subject to and in the manner provided by the Municipal Act, theVictoria City Debt Refunding Act, 1937, and the Victoria City Debt RefundingAct, 1944, the Council may borrow the whole or any part of the estimated cost ofthe works and improvements aforesaid, or of any of them; and if in the opinion ofthe Council it is expedient so to do, the works and improvements or any of themmay be undertaken either in whole or in part as a work or service for the specialbenefit of a specified area of the municipality, and in such event Division (2) of



Part XVI of the Municipal Act, for the purposes of borrowing and the levying ofrates, charges, and taxes and otherwise, applies in respect of the works andimprovements or portion or portions thereof so undertaken in the same mannerand to the same extent as if the city were a district municipality.

(4) Parking-meter revenue

(a) In the event that the Council deems it expedient to borrow the whole or anyportion of the estimated cost of the aforesaid works and improvements andfor such purpose to issue and sell debentures, the Council may, by by-lawadopted by an affirmative vote of at least two-thirds of all the members ofthe Council and approved by the Lieutenant-Governor in Council, establisha reserve fund, into which there shall be paid in each year so much of thecurrent revenue derived or to be derived from the operation ofparking-meters within the city as the Council may by such by-lawdetermine; and

(b) The moneys so set aside shall be deposited in a bank, and until requiredmay be invested in the manner provided by section 287 of the MunicipalAct, and shall, together with any interest earned thereon, be applied in eachand every year during the currency of the aforesaid debentures in paymentof the sum or sums payable annually for the principal of and interest on thesaid debentures, and the balance (if any) remaining from time to time insuch fund, after payment of the aforesaid annual debt charges as the samebecome due and payable, shall not be expended except for the purpose offinancing the acquisition, develop-ment, and improvement of real andpersonal property to provide off-street parking facilities within the said cityand to finance capital expenÂ¬ditures for extensions or renewals ofexisting off-street parking facilities, including the works and improvementsaforesaid, and then only by a by-law adopted by an affirmative vote of atleast two-thirds of all the members of the Council, and approved by theMinister of Municipal Affairs, who may direct that before such approval isgiven, the by-law shall receive the assent of the owner-electors; and

(c) Any and all moneys applied or to be applied as aforesaid in payment of theaforesaid debt charges shall, for the purposes of section 251 of theMunicipal Act, be deemed to be revenue derived or to be derived from theaforesaid works and improvements.

(5) Where a by-law is adopted under subsection (3) invoking the powers providedunder Division (2) of Part XVI of the Municipal Act, the Council may by by-law,at any time, exercise the powers under section 600 of the Municipal Act.

1960-38-2.



West Vancouver

Removal of dedication

52. (1) Notwithstanding that Lots 3 to 6, inclusive, Block S of Blocks 27 to 34, in theeasterly portion of District Lot 775, Group 1, New Westminster District, Plan4105, have been allocated, reserved, and dedicated for parks purposes by by-lawof The Corporation of the District of West Vancouver, the Corporation may sellany or all of the said lots to any person, provided that the proceeds from any saleshall be set aside and reserved for capital parks purposes of the Corporation.

(2) The Registrar of Titles of the Vancouver Land Titles District may accept forregistration, free from any allocation, reservation, or dedication for parkpurposes, any conveyance of any of the said lots from the Corporation to anyperson.

1960-38-2; 1978-25-333.

Removal of restriction

52.A Notwithstanding the Land Titles Act or any other Act, all that part of the closedportion of street (Reference Plan 3160) adjacent to the south boundary of Block20A (Plan 3439), District Lot 555, Group 1, New Westminster District, anddescribed as follows: Commencing at the north-west corner of said portion ofclosed street; thence east along the north boundary thereof a distance of 312.0feet; thence south a distance of 23.62 feet; thence S. 71° 00' E. a distance of 68.75feet, more or less, to the intersection with the south boundary thereof; thence westalong a portion of the south boundary a distance of 187.16 feet, more or less, to abend; thence S. 60° 00' W. along a portion of the said south boundary a distanceof 47.85 feet, more or less, to a bend; thence N. 71° 00' W. along a portion of thesouth boundary a distance of 156.95 feet, more or less, to the south-west corner ofthe said closed portion of street; thence north along the west boundary thereof adistance of 18.83 feet, more or less, to the point of commencement, andcontaining 0.352 acre, more or less—is hereby freed, cleared, and released of andfrom all provisos, conditions, and restrictions limiting or restricting the use of theland to park purposes.

1966-34-2; 1978-25-332.

Indebtedness to Greater Vancouver Sewerage and Drainage District

53. (1) When the Council of The Corporation of the District of West Vancouverdetermines by by-law that an area of that municipality is benefited to a greaterextent than the remainder of the municipality by a facility of the GreaterVancouver Sewerage and Drainage District, the Council may raise such part ofthe indebtedness of the municipality to the Greater Vancouver Sewerage andDrainage District as should, in the opinion of the Council, expressed by by-law,be paid by the owners of land in the area rather than by the owners of land in thewhole municipality by levying a rate or rates on the land or improvements, orboth, situate in the area, or by imposing such other charge or charges thereon orin respect thereof as may be authorized by the Municipal Act, or by anycombination of these methods.



(2) Nothing in this section limits, lessens, or affects any liability of the municipalityto the Greater Vancouver Sewerage and Drainage District under the GreaterVancouver Sewerage and Drainage District Act or any right or power of theGreater Vancouver Sewerage and Drainage District under that Act.

1960-38-2.

Park

53.A Notwithstanding the Land Titles Act or any other Act, all that part of Parcel C(Reference Plan 985) of the East Half of the West Half of District Lot 886, GroupOne, New Westminster District, described as follows: Commencing at thesouth-west corner of said Parcel C; thence N. 0° 57' E. along the west boundary adistance of 543.33 feet, more or less, to the north-east corner of Lot A, Block F(Plan 12266) of District Lot 886; thence S. 89° 03' E. a distance of 310.0 feet;thence S. 60° 45' E. a distance of 62.75 feet; thence S. 29° 18' W. a distance of336.62 feet; thence S. 0° 57' W. a distance of 226.84 feet, more or less, to theintersection with the south boundary of Parcel C; thence N. 89° 26' W. along thesouth boundary of Parcel C a distance of 100.0 feet, more or less, to a bend;thence N. 83° 32' W. along the south boundary of Parcel C a distance of 105.9feet, more or less, to the point of commencement and containing 3.23 acres, moreor less—is hereby freed, cleared, and released of and from all provisos,conditions, and restrictions limiting or restricting the use of the land to parkpurposes.

1967-30-2; 1978-25-332.



Kamloops

Agreements with corporations under National Housing Act

54. The Council of The Corporation of the City of Kamloops may, by by-law adoptedwith the assent of the owner-electors, enter into agreements with anylimited-dividend housing corporation operating in the City of Kamloops underThe National Housing Act, 1944, of Canada, for the rental of houses to beconstructed by such limited-dividend housing corporation within the City ofKamloops under the terms and provisions of sections 9 and 10 of Part II of thatAct.

1957-42-747.

Release of park from restrictions

54.A Notwithstanding any of the provisions of the Kamloops Public Park Act, 1911,being chapter 28 of the Statutes of 1911, or of Crown Grant Number 49/300 madeunder that Act, the land described in section 2 of that Act is hereby freed, cleared,and released of and from all provisos, conditions, and restrictions limiting orrestricting the use of the land to the recreation and enjoyment of the public aspublic parks and by The Corporation of the City of Kamloops for municipalpurposes.

1961-45-3.



New Westminster

Board of Commissioners of Police

55. It is hereby declared that, notwithstanding anything contained in the NewWestminster Act, 1888, or in any amendment thereto, section 661 of theMunicipal Act applies to the Corporation of the City of New Westminster.

1957-42-748.

Duty to tax for retirement of certain debentures

56. (1) Notwithstanding anything to the contrary contained in this or any other Act, theCouncil of the Corporation of the City of New Westminster, in order to providefunds for the retirement at maturity of those debentures outstanding on the thirdday of April, 1947, which remain outstanding, shall raise annually by rate or ratesunder the provisions of section 204 of the Municipal Act, inclusive of theamounts specified in the by-laws authorizing the said debentures, the amounts asfollows in the respective years, that is to say:

In the years 1957 and 1958, the sum of $386,004.21In the year 1959, the sum of 384,091.08In the year 1960, the sum of 372,117.01In the year 1961, the sum of 358,907.70In the year 1962, the sum of 354,750.53In the year 1963, the sum of 255,355.60In the year 1964, the sum of 125,617.20In the year 1965, the sum of 109,826.52

(2) In each of the said years the respective amounts aforesaid shall be paid into theappropriate sinking fund account, or accounts.

1957-42-749.

Parking facilities

57. Sections 614 and 615 of the Municipal Act apply to the Corporation of the City ofNew Westminster for the purpose only of providing parking facilities for vehiclesas a work or service for a specified area.

1957-42-750.

Parking deck

58. (1) Notwithstanding anything contained in this or any other Act, in order to make dueprovision for the public parking of vehicles, it shall be lawful for the Council ofthe Corporation of the City of New Westminster, by by-law passed by two-thirdsof all the members thereof, to construct or cause or permit to be constructed, on,along, or over Front Street a parking deck, or decks, or similar structures, togetherwith such ramps and stairways as may be necessary to give access thereto as aredeemed advisable for the purpose aforesaid, and to do and perform any and allacts necessary therefor. Such ramps or stairways may be constructed either onFront Street aforesaid or on such intersecting streets as may be deemed advisable.

(2)



The said Council is further empowered, for the purposes aforesaid, to maintainand use such structures, or any of them, or any part thereof, and the means ofaccess thereto, and to charge and collect a fee or rent charge for its use andoccupation, or to lease it to any person or persons for a term not exceeding twentyyears in return for the net annual revenue derived therefrom during the said term,or to lease for any term not exceeding twenty years, sublet, allot, or assign suchstructures, or any of them, or any part thereof, and the means of access thereto, toany person or persons upon such terms and conditions as the Council may deemexpedient.

(3) Should it become necessary for the said Council to incur any debt in carrying outthe provisions of the preceding subsections, then, if the repayment of such debt isto be levied against all the property-owners of the said city, the provisions of PartVI shall apply. If such repayment is intended to be levied only against theproperty-owners in a specified area, then the provisions of Division (2) of PartXVI shall apply.

1957-42-751; 1958-32-322.



Penticton

Sewerage works and services for specific areas

59. Notwithstanding anything contained in this Act, The Corporation of the City ofPenticton shall have all the powers of a district municipality pursuant to theprovisions of Division (2) of Part XVI of the Municipal Act for the purpose ofsupplying sewerage and sewage-disposal services and facilities.

1957-42-752.



Chilliwhack

By-law to require voter to vote for as many candidates as there are vacancies

60. Notwithstanding any law to the contrary, the Council of The Corporation of theTownship of Chilliwhack may by by-law require that each elector in the exerciseof his franchise at any poll for the election of Councillors or School Trustees, asthe case may be, in that municipality shall vote for as many candidates as thereare vacancies to be filled, and any such by-law shall provide that every ballot notso marked shall be deemed to be a rejected ballot.

1957-42-753.

Drainage system

60.A (1) The Council of The Corporation of the Township of Chilliwhack may establish amunicipal drainage system within the municipality and may take over andincorporate into such system all ditching areas established pursuant to theTownship of Chilliwhack Drainage Act, being chapter 91 of the Statutes of 1951,and all ditches, drains, streams, and works pertaining thereto.

(2) One-half of the total outstanding obligations incurred in respect of ditching areasestablished under the Township of Chilliwhack Drainage Act and owing to themunicipality shall be collected by the municipality by a special rate levied in themanner prescribed in clause (e) of section 10 of the Township of ChilliwhackDrainage Act, and the remainder of those outstanding obligations are cancelled.

(3) The Council may operate, maintain, extend, improve, and enlarge such municipaldrainage system, and all expenses incurred in connection therewith shall be metfrom the general revenue of the municipality.

(4) The Township of Chilliwhack Drainage Act and the Township of ChilliwhackDrainage Act Amendment Act, 1955, being chapter 93 of the Statutes of 1955, arerepealed.

1964-34-2.



Delta

Dykes and drainage

61. (1) Sections 34 to 40, inclusive, and sections 43 to 45, inclusive, apply, mutatismutandis, to The Corporation of Delta, except that "the first day of January, 1959,"referred to in section 43 shall be read as "the first day of January, 1962."

(2) The Delta Drainage Act, 1936, is repealed.1957-42-754; 1962-43-10.



Spallumcheen

Taxing for special districts

62. The Council of The Corporation of the Township of Spallumcheen may byby-law(a) provide that the municipality acts generally in matters relative to collecting

and disbursing revenues of, and also to keeping proper accounting recordsfor, any or all improvement districts created within the municipality underthe Water Act, or for any or all districts created within the municipalityunder the Drainage, Dyking, and Development Act;

(b) provide that the taxes and tolls of any improvement district or of anydrainage, dyking, or development district named in such by-law be deemedto be special rates imposed and levied pursuant to the Municipal Act;

(c) prescribe an annual fee to be charged against and paid by any suchimprovement district or by any drainage, dyking, or development districtfor any service rendered to it.

1957-42-755.



Summerland

Power to undertake irrigation works

63. (1) The Council of The Corporation of the District of Summerland may, by by-lawadopted with the assent of the owner-electors as hereinafter provided, undertakeirrigation-works for the special benefit of any area in such by-law described andapportion the cost thereof (including debenture and by-law expenses) as to theCouncil seems just and equitable between the area specially benefited and themunicipality at large, and for such purpose borrow upon the credit of thecorporation by way of debentures sufficient to meet the said cost.

(2) A by-law adopted pursuant to this section shall provide that the sums required tobe raised annually for the payment of principal and for interest shall be raised andlevied as follows: Firstly, by a rate on all the rateable land (exclusive ofimprovements) within the area specially benefited sufficient to yield the amountrequired to be borne by the area in accordance with the apportionment aforesaid;and, secondly, by rate on all the rateable land, or land and improvements, withinthe municipality (including the lands within the area specially benefited)sufficient to yield the amount required to be borne by the municipality at large inaccordance with the apportionment aforesaid.

(3) A by-law adopted pursuant to this section, in addition to receiving the assent ofthe owner-electors of the municipality, shall also be submitted to and receiveconcurrent like assent of the owner-electors of the area defined in the by-law.

(4) Before being submitted for the assent of the owner-electors of the area speciallybenefited and of the municipality, every such by-law shall be subject to theapproval of the Inspector of Municipalities as are money by-laws under Part VI ofthe Municipal Act.

(5) No by-law adopted pursuant to this section shall be altered or repealed by theCouncil except with the approval of the Lieutenant-Governor in Council, whomay, before approving, direct that the proposed alteration or repeal be submittedfor the assent of the owner-electors of the area specially benefited and of themunicipality.

1957-42-756.



Salmo

Vesting of park in village

64. Notwithstanding the Land Titles Act or any other Act, the dedication of thatportion of Lot 206A, Village of Salmo, described as " Park " on Plan 2710,containing 4.468 acres, for use as a park is deemed no longer to apply, and thetitle thereto is deemed vested in The Corporation of the Village of Salmo freefrom any restriction, and the Council of the said Corporation may do all thenecessary acts and things required to exchange the property for the propertydescribed as Block A of Lot 206A, Village of Salmo, Plan 4263, but the title tothe latter described property when vested in the said Corporation shall berecorded as being restricted for use only for public park purposes and othermunicipal purposes.

1961-45-3; 1962-43-9; 1978-25-332.



Vancouver

Conveyance of land

65. Notwithstanding the Vancouver Charter or any other Act, the Council of the Cityof Vancouver may, without the assent of the electors, and with or withoutconsideration, convey to the Vancouver General Hospital all or any part or partsof Lots C and D, Block 377, District Lot 526, Group 1, New WestminsterDistrict, in the City of Vancouver.

1962-43-12.

Discharge of policemen

66. Notwithstanding the provisions of the Vancouver Charter, all members of theVancouver Police Department who have been discharged by the Chief Constableand who have not taken proceedings to set aside such discharge are herebydeclared to be lawfully discharged, and no action shall be brought against theChief Constable or any other person in respect of such purported discharges.

1962-43-12.



Delta

Waterworks

67. (1) Notwithstanding the provisions of any other Act, any area defined and establishedunder the provisions of the Delta Water Works Act, 1929, being chapter 71 of theStatutes of 1929, as amended by the Delta Water Works Act, 1929, AmendmentAct, 1932, is deemed to be a specified area established under Division (2) of PartXVI of the Municipal Act for the purposes of constructing, operating, andmaintaining a waterworks system.

(2) The Delta Water Works Act, 1929, and amendments thereto are repealed.1963-30-5.

By-laws

68. By-laws numbered 1027, cited as " Delta Local Improvement Frontage TaxBy-law (By-law No. 541), 1963," 1028, cited as " Delta Local ImprovementBy-law (By-law No. 577), 1963," 1029, cited as " Delta Local ImprovementBy-law (By-law No. 629), 1963," 1030, cited as " Delta Local ImprovementBy-law (By-law No. 652), 1963," 1031, cited as " Delta Local ImprovementFrontage Tax By-law (Water Main By-law No. 688), 1963," 1032, cited as "Delta Local Improvement Frontage Tax By-law (Road By-law No. 688), 1963,"1033, cited as " Delta Local Improvement By-law (By-law No. 707), 1963,"1034, cited as " Delta Local Improvement By-law (By-law No. 759), 1963," and1035, cited as " Delta Local Improvement By-law (By-law No. 896), 1963," ofThe Corporation of Delta are declared valid and binding from the dates ofadoption thereof.

1963-30-5.

Agreement with water district

68.A Notwithstanding any requirement of the Municipal Act, the Greater VancouverWater District Act, and any other Act, the agreement entered into between TheCorporation of Delta and the Greater Vancouver Water District on the thirty-firstday of January, 1964, is valid and binding on The Corporation of Delta and theGreater Vancouver Water District, whether the same would otherwise be ultravires of either or both of the corporations or not, and the respective parties to theagreement may carry out and give full force and effect to every covenant,agreement, stipulation, condition, and provision in the agreement, according tothe terms thereof, and everything done by the Greater Vancouver Water Districtunder and by virtue of the agreement is and shall be deemed to be for the purposeof the undertakings authorized by the Greater Vancouver Water District Act.

1964-34-2.

North Delta sewer taxes

68.B Notwithstanding any requirements of the Municipal Act or any other Act orby-law of the municipality, all taxes levied under "North Delta Sewer MainConstruction (Stage One) By-law, 1956, No. 649" are declared lawful on and



from the date of adoption of the said by-law.1965-30-2.



Mission City

Local improvement by-laws

69. Notwithstanding any provision of any other by-laws of The Corporation of theTown of Mission City, By-law No. 356, cited as "The Corporation of the Town ofMission City Cedar and 12th Street Local Improvement Borrowing By-law No.356-1961," and By-law No. 358, cited as "The Corporation of the Town ofMission City Block 68 Local Improvement Borrowing By-law No. 358, 1962,"are declared valid from the date of adoption thereof.

1963-30-6.



City of North Vancouver

Agreement confirmed

69.A Notwithstanding any requirement of the Municipal Act or any other Act, theagreement entered into by The Corporation of the City of North Vancouver andConwest Exploration Company Limited on the tenth day of July, 1963, isdeclared valid and binding on both parties to the agreement.

1964-34-2.

City of North Vancouver agreement

69.B Notwithstanding the provisions of any general or private Act, the agreemententered into upon the second day of December, 1964, between the Burrard InletTunnel and Bridge Company, of the first part, the Montreal Trust Company, ofthe second part, and The Corporation of the City of North Vancouver, TheCorporation of the District of North Vancouver, The Corporation of the Districtof West Vancouver, the City of Vancouver, and Eva Winnifred Cotton, of thethird part, is hereby declared valid and binding among the parties to theagreement.

1965-30-2.

Review of assessment rolls

69.C Any Court of Revision of The Corporation of the City of North Vancouverconvened prior to April 30, 1967, to consider and deal with frontage-taxassessment rolls for sewer facilities made available by the Corporation toproperties after May 13, 1963, has the power to review, correct, and confirm suchassessment rolls as and from the dates such sewer facilities were actuallyavailable to each of the properties referred to therein, and such Court of Revisionshall be deemed to have fulfilled all of the requirements of sections 419 to 424,inclusive, of the Municipal Act upon authentication of the frontage-taxassessment roll for such properties.

1967-30-2.

Tax sale

69.D No sale of real property at the tax sale of The Corporation of the City of NorthVancouver conducted on the thirtieth day of September, 1967, is invalid byreason only that such sale was conducted by the Assistant Collector.

1968-35-2.

Agreement confirmed

69.E Notwithstanding any requirement of the Municipal Act or any other Act, theAgreement entered into by The Corporation of the City of North Vancouver andNorthern Engine & Equipment (B.C.) Ltd. on the twenty-first day of March,1966, is declared to have been validly made by, and within the powers of, themunicipality.

1968-35-2.



District of North Vancouver

Frontage and other taxes for certain sewers

70. (1) In this section, unless the context otherwise requires,

"borrowing by-laws" means By-law No. 2344, being "District of North VancouverSewer Lateral Area A,' By-law, 1958," By-law No. 2373, being "District of NorthVancouver ' Sewer Lateral Area B,' By-law, 1958," and By-law No. 2816, being "District of North Vancouver Sewer Lateral Area F-2 ' By-law, 1961";"frontage-tax by-laws " means By-law No. 2423, being "Sewer Lateral Area AFrontage-tax By-law, 1959," By-law No. 2469, being "Sewer Lateral Area BFrontage-tax By-law, 1959," and By-law No. 2877, being "Sewer Lateral Area F-2Frontage-tax By-law, 1962 ";"municipality " means The Corporation of the District of North Vancouver;

"sewers" means sanitary sewers.

(2) Notwithstanding the provisions of any other by-law, from and after the first dayof January, 1963,(a) the Council of the municipality shall not impose, raise, or levy any levy

under By-law No. 2094, being "District of North Vancouver WesternSewerage Area No. 1, By-law, 1956," or under By-law No. 2112, being"District of North Vancouver Western Sewerage Area No. 1, By-law,1956, Confirmation and Extension By-law ";

(b) any general frontage tax hereafter imposed in the municipality for sewersshall not apply in respect of real property any present or previous owner orpresent occupier of which is liable for frontage tax under the frontage-taxby-laws;

(c) the amount payable annually in respect of any parcel of land by way offrontage tax imposed under the frontage-tax by-laws shall not exceed themaximum amount payable annually in respect of a parcel of land under anygeneral sanitary-sewer frontage-tax by-law hereafter adopted by theCouncil of the municipality; and

(d) notwithstanding the provisions of section 617 of the Municipal Act, theborrowing by-laws, and By-laws Nos. 2094 and 211 of the municipality,the sums required to be raised under those by-laws in respect of sewersshall be levied and raised by way of real-property taxes in each year by arate over and above all other rates on all the taxable land andimprovements within the municipality at the same time and in the samemanner as other rates, sufficient to make up any known or anticipateddeficiency in the amounts raised or to be raised by a frontage tax,sewer-user charge, and any other special rate, charge, or tax imposed bythe Council of the municipality for the annual payment of interest on andfor the repayment of the principal of the debts owing and debenturesoutstanding under those by-laws, and any further sanitary-sewer moneyby-laws adopted from time to time by the Council.

(3) The Treasurer of the municipality

(a) shall keep all revenues from the frontage tax imposed under the borrowingby-laws and under the frontage-tax by-laws and any other special rate or



tax imposed by the Council of the municipality in respect of the sewers in aspecial account; and

(b) shall use those revenues for the payment of principal and interest ondebentures of the municipality issued in respect of the sewers.

(4) The exercise of any of the powers under subsection (2) does not relieve themunicipality from any other requirements of the Municipal Act or any other Act,except to the extent provided under subsection (2).

1963-30-7.

Local improvement

70.A (1) Subject to subsections (2) and (3), By-law No. 3482, cited as "Ditch EliminationLocal Improvement Cost-sharing Formula By-law," as amended by By-law No.3643, cited as "Ditch Elimination Local Improvement Cost-sharing FormulaBy-law, Amending By-law, 1968," of The Corporation of the District of NorthVancouver is hereby declared to apply retroactively to By-law No. 3577, cited as"North Lonsdale Road Improvement Construction By-law, 1967," and By-lawNo. 3617, cited as "Pemberton Heights Road Improvement Construction By-law,1967."

(2) The Council shall cause to be published, in a newspaper published or circulatingin the municipality, notice, in a form approved by the Inspector of Municipalities,that the works of local improvement provided for in By-law No. 3577 or By-lawNo. 3617, as the case may be, will be subject to the provisions of By-law No.3482 as so amended, unless within thirty days of the last publication thereof fortyper centum of the owners of land liable to be specially charged under the by-lawconcerned file objections with the Clerk.

(3) If forty per centum or more of the owners of land liable to be specially chargedunder the by-law concerned file objections within thirty days of the lastpublication of the notice, the provisions of subsection (1) do not apply.

1968-35-2.



Sidney

Submission of question

71. Notwithstanding section 213 of the Municipal Act, the submission of questions inthe year 1962 to the owner-electors of The Corporation of the Village of Sidneyat times other than the annual election in 1962 is declared valid.

1963-30-8.

Sewer rates and charges

71.A Notwithstanding the lack of a frontage tax assessment roll and a Court ofRevision therefor and the failure to impose and collect the rates and charges asprovided for under "Sidney Sewer Frontage Charge By-law No. 32, 1954," and"Sidney Sewer Rental Regulation By-law No. 33, 1954," of The Corporation ofthe Village of Sidney, it is hereby declared that the rates and charges imposed bythe Corporation up to and including the thirty-first day of December, 1964, in lieuof the rates and charges that should have been imposed under those by-laws werelawfully imposed and collectable in respect of each parcel of land to the extentsuch in lieu rates and charges were in accordance with a formula common to allother parcels of a like classification.

1965-30-21.

Validation of annual rates by-law

71.A Notwithstanding the non-conformity with statutory dates, "The Village of SidneyTax Rates By-law No. 200, 1965," and "The Village of Sidney Annual BudgetBy-law No. 201. 1965," are declared valid.

1966-34-2.



Squamish

Agreement

72. (1) Notwithstanding any other Act, the agreement entered into by The Corporation ofthe Village of Squamish and Westway Developments Limited on the ninth day. ofNovember, 1962, is declared valid and binding on both parties to the agreementas and from that date.

(2) Sections 470 and 473 of the Municipal Act do not apply to the undertaking madeby the Council of The Corporation of the Village of Squamish on the thirtieth dayof October, 1962, to convey lands obtained from the Indian band owning Lot4267, Stawamus Indian Reserve No. 24, to Westway Developments Limited.

(3) Notwithstanding any lack of authority under the Municipal Act, the Council ofThe Corporation of the Village of Squamish has and shall be deemed always tohave had the authority, by by-law, to acquire lands either within or without themunicipality for the purpose of developing such land, either directly or indirectly,for residential, commercial, or industrial uses, or any combination of these uses.

1963-30-9.

Purchase of land

72.A The purchase by The Corporation of the Village of Squamish from the PacificGreat Eastern Railway Company of fifty-six acres, more or less, of unsubdividedland in District Lot 4261, Group 1, New Westminster District, and the borrowingof the sum of sixty thousand dollars therefor is deemed to have been lawful andwithin the powers of the municipality.

1965-30-2.

Letters Patent

72.B The Letters Patent of the District of Squamish and the Order in Councilauthorizing their issue on the fifteenth day of December, 1964, are confirmed andvalidated.

1965-30-2.

Provision for extension of boundaries

72.C (1) Notwithstanding any provision of the Municipal Act or any other Act, the tax rateapplied by the District of Squamish to the taxable value of the following parcelsof land in order to provide the moneys required for the flood control and dykingcarried out in the remaining area of the municipality shall not exceed one mill:District Lot 2351, Group 1, New Westminster District; District Lot 2802, Group1, New Westminster District; District Lot 5899, Group 1, New WestminsterDistrict, except Lot A (Reference Plan 5238) thereof; Lot 6232, Group 1, NewWestminster District; and Lot 6237, Group 1, New Westminster District.

(2) No by-law adopted by the Council of the District of Squamish pursuant to section427 of the Municipal Act shall fix different rates of business tax for differentclasses of business, and the provisions of clauses (a), (b), and (c) of that sectiondo not apply with respect to the District of Squamish.

(3)



Notwithstanding any provision of the Municipal Act or any other Act, not lessthan the amount of business tax (if any) paid by Rayonier Canada (B.C.) Limitedwith respect to its operations on the lands described in subsection (1) shall beexcluded from the general revenue of the municipality and placed in a specialfund to be used for the purpose of constructing a highway connecting the areaknown as Woodfibre with the present municipality.

(4) The provisions of this section come into effect on, from, and after the date theboundaries of the District of Squamish are extended to include the parcels of landdescribed in subsection (1).

1966-34-2.



Victoria

Borrowing powers

73. (1) In anticipation of the receipt by The Corporation of the City of Victoria of themoneys payable to the said Corporation by the terms of the will and codicilthereto of Thomas Shanks McPherson, deceased, probate whereof was granted toThe Canada Trust Company on the seventh day of December, 1962, andnotwithstanding subsection (1) of section 247 of the Municipal Act, the Councilmay, with the approval of the Inspector of Municipalities, by by-law or by-lawsadopted without the assent thereto of the owner-electors, provide for contracting adebt or debts in an amount or amounts not exceeding in the aggregate the sum ofone million five hundred thousand dollars, provided such debt or debts arerepayable not later than the fifteenth day of May, 1968.

(2) Moneys borrowed as aforesaid shall only be used for the purpose or purposes forwhich, by the terms of the aforesaid will and codicil thereto, it is provided that themoneys payable thereunder to the said Corporation are to be used.

(3) The moneys receivable as aforesaid by the terms of the said will and codicilthereto shall, on receipt thereof by the said Corporation, be applied in repaymentof the principal amount of the debt or debts contracted pursuant to any by-law orby-laws adopted under the provisions of subsection (1), and neither the same norany part thereof shall be used for any other purpose unless and until the said debtshave been paid and satisfied in full.

(4) Except as provided by subsection (1), the Municipal Act, other than section 251thereof, the Victoria City Debt Refunding Act, 1937, and the Victoria City DebtRefunding Act, 1944, apply to every by-law adopted under the provisions ofsubsection (1) and to every obligation issued pursuant thereto in the same mannerand to the same extent as the said Acts would apply to by-laws adopted undersection 248 of the Municipal Act.

1963-30-10; 1964-34-2; 1965-30-2.

Elections

74. For the purpose of making the Municipal Act apply to The Corporation of theCity of Victoria in respect to elections, section 11 of the Victoria City Act, 1921,being chapter 76 of the Statutes of 1921, is repealed, and subsections (1), (2), and(4) of section 13 of the Victoria City Act, 1921, as re-enacted by the Victoria CityAct, 1958, being chapter 74 of the Statutes of 1958, are repealed.

1964-34-2.

Barber-shop closing

75. (1) In this section,

"business day" means and includes any day of the week not being Sunday or one of thedays mentioned in section 858 of the Municipal Act;"general closing by-law " means and includes any by-law adopted by the Council ofThe Corporation of the City of Victoria under subsection (2) of section 861 of theMunicipal Act in relation to barber-shops in the said City of Victoria;



"general closing day " means the day of each week specified in a general closingby-law as the day of each week for the entirety of which barber-shops in the City ofVictoria are to be closed for the serving of customers;"general closing hour " means any by-law adopted by the Council of The Corporationof the City of Victoria under subsection (2);"optional closing day " means the business day in each week named in any notice orfurther notice given under an optional closing-day by-law as the day which, in the placeand stead of a general closing day, is to be the day of each week for the entirety whereofthe barber-shop in respect of which such notice or further notice is given is to be closedfor the serving of customers."optional closing-day by-law" means any by-law adopted by the Council of theCorporation of the City of Victoria under subsection (2);(2) Where the Council of The Corporation of the City of Victoria has adopted a

general closing by-law prescribing the times during which barber-shops are to beclosed for the serving of customers, the Council may by by-law(a) provide that, notwithstanding anything to the contrary contained in any

such general closing by-law, the provisions thereof specifying a generalclosing day shall not apply to any barber-shop the proprietor or proprietorswhereof shall have named an optional closing day therefor by notice inwriting given to the Clerk of the said Corporation and in that behalf and

(b) for the purpose generally of giving effect to the provisions of this sectionaccording to their true intent and meaning, enact such regulations as thesaid Council may deem expedient, including, but without restricting thegenerality of the foregoing, regulations with respect to the form of thenotice mentioned in clause (a) and the manner in which and the terms,restrictions, and conditions subject to and upon which the same may beeither given as aforesaid or from time to time revoked or superseded byfurther notice or otherwise.

(3) Notwithstanding anything contained in the Municipal Act but subject to theprovisions of a by-law adopted by the said Council under section 862 of theMunicipal Act, where any notice or further notice naming an optional closing dayis given under an optional closing-day by-law, the barber-shop in respect ofwhich the same is given shall, in each and every week ensuing after the week inwhich such notice or further notice is given and until either such notice or furthernotice is revoked in accordance with the provisions in that behalf contained insuch optional closing-day by-law or the optional closing-day by-law is repealed,be closed for the serving of customers for the entirety of the optional closing daynamed in such notice or further notice, as the case may be, and on the five otherbusiness days of each such week shall be closed and remain closed for the servingof customers at and after the hour specified in the general closing by-law as thehour at which barbershops are to be closed and remain closed for the serving ofcustomers on five specified days of each week.

(4) Every person who either by himself or with any other person or persons is theproprietor, operator, or other person having the care, control, or management ofany barber-shop in the said City of Victoria shall close and keep the same closedfor the serving of customers, or cause the same to be closed and kept closed forthe serving of customers, in accordance with the requirements and provisions inthat behalf contained and set forth in this section.

1964-34-2.

Victoria civic arena



75.A (1) The Victoria Civic Arena Act, being chapter 75 of the Statutes of 1945, isrepealed, and the Victoria Memorial Arena Commission is dissolved and ceasesto exist.

(2) All the assets of the said Commission are vested absolutely in, and all theobligations and liabilities of the said Commission are assumed by, TheCorporation of the City of Victoria.

(3) Without restricting the generality of subsection (2), The Corporation of the Cityof Victoria is vested with the benefit of any and all contracts made by the saidCommission and has full power and authority to carry out, perform, and fulfil alland singular the terms and provisions thereof and may enforce and recover uponthe same in its own name, and shall be bound thereby as though originally namedtherein as party thereto instead of the said Commission.

1965-30-2.

Sidewalk canopies

75.B (1) In addition to any powers contained in subsection (1) of section 581 of theMunicipal Act, the Council of The Corporation of the City of Victoria mayundertake, by by-law, the construction and erection of sidewalk canopies as alocal improvement.

(2) Notwithstanding the provisions of section 610 of the Municipal Act, any workundertaken by the said municipality pursuant to subsection (1) of this sectionshall be maintained and kept in repair by the municipality, and any annualexpense incurred thereby shall be specially charged against the parcels benefitingin the same proportions as provided for sharing of the cost of the work by theoriginal construction by-law.

(3) The Council of the said municipality may, by by-law, cause any work undertakenpursuant to subsection (1) to be removed, provided that the municipality shallassume all future levies pertaining to any work so removed; and in the event thatlevies were commuted with respect to any parcel, the commuted value of suchfuture levies shall be paid by the municipality to the owner of the parcel.

1966-34-2.


75.C Lots 549A, 550A, 551A, 563A, 564A, 567A, 568A, and 569A, Victoria City, thetitle to which is registered in the Victoria Land Registry Office under AbsoluteCertificate of Title No. 15023c, are hereby vested in The Corporation of the Cityof Victoria in fee-simple, free from any trust but otherwise subject to theexceptions and reservations contained in the original grant from the Crown, andthe Registrar of Titles may, upon production of a copy of this Act and compliancewith the Land Registry Act, issue to that Corporation a certificate of indefeasibletitle to the said lands, free from any trust but otherwise subject to the exceptionsand reservations contained in the original grant from the Crown. No fees arepayable on the application under items 5 and 6 of the Scale of Fees, SecondSchedule, of the Land Registry Act. Provided, however, that the said Corporationshall not use for any purpose or dispose of any of the said lots or any portionthereof, except with the approval of the Capital Improvement DistrictCommission and the Minister of Public Works.



1966-34-2.

Power to enter

75.D For the purposes of sections 621 and 622 of the Municipal Act, the Council ofThe Corporation of the City of Victoria, by its servants or agents, may enter upon,break up, take, or enter into possession of and use Lot 3, Suburban Lot 12,Victoria City, known as 1002 Caledonia Avenue, and that part of Lot 18,suburban Lot 12, Victoria City, lying to the west of the westerly boundary ofParcel B (D.D. 440381) of said Lot 18, known as 1036 Caledonia Avenue,subject always to the provisions of Division (4) of Part XII of the said Act;provided that the Corporation shall not enter upon, break up, or enter intopossession or use the said lands until it has paid or tendered to the owners thereofthe sum of eighteen thousand seven hundred dollars in the case of the said Lot 3and twenty-three thousand one hundred dollars in the case of the said part of saidLot 18 as interim compensation, which sums, if paid, shall be set off against thecompensation finally determined pursuant to the said Division (4), and in eachcase such sum may be accepted by the person or persons entitled thereto withoutprejudice to the rights of them or any of them to claim a further or greater sum byway of compensation pursuant to the said Division (4). Upon the application ofthe Corporation, the Registrar of Titles shall note upon the titles of the landsconcerned any such payment of interim compensation.

1966-34-2.

By-law validation

75.E Notwithstanding anything contained in the Municipal Act or any other Act,By-law No. 5932, being a by-law of The Corporation of the City of Victoria citedas " Old Court House Tax Exemption By-law, 1968," and adopted on the eighthday of February, 1968, is hereby declared to be a valid and effectual by-law andto be within the powers of the Council of the said Corporation, and to have beenvalid and effectual and within the powers of the said Council from the date of itsadoption as aforesaid, and the assessment roll of the said Corporation for the year1968 shall be deemed to have been amended in accordance with and to the extentnecessary to give effect to the said by-law.

1968-35-2.



Kent

Dyking and drainage

76. (1) For the purposes of this section,

"Agassiz Drainage Area " means all that land defined by Schedule B to the AgassizDrainage and Dyking Act, 1953, being chapter 39 of the Statutes of 1953 (SecondSession);"Agassiz-Harrison Mills Dyking Area " means all that land defined by Schedule C tothe said Agassiz Drainage and Dyking Act, 1953, together with and including the landscontained in the Harrison Mills Drainage Area hereinafter defined;"Harrison Mills Drainage Area " means all those parcels or tracts of land situated inNew Westminster District which are bounded on the north, west, and south by thesoutherly, easterly, and northerly limits, respectively, of the Harrison Mills Dykeright-of-way as shown on Plan 13840 on file in the Land Titles Office, NewWestminster, and on the east by the forty-foot contour of elevation forming the westerlyportion of the foot of Agassiz Mountain.(2) All of the assets of the Harrison Mills Dyking District are hereby transferred to

The Corporation of the District of Kent, and the said Corporation assumes all ofthe liabilities of the Harrison Mills Dyking District, and the said dyking district ishereby dissolved, and the provisions of this section shall be deemed to have comeinto force and taken effect on the first day of January, 1964.

(3) In addition to and without limiting the generality of the rights and powerscontained in the Municipal Act relating to dyking and drainage, the Council ofThe Corporation of the District of Kent may(a) operate, maintain, protect, or repair, or cause to be operated, maintained,

protected, or repaired, all drainage-works, dykes, pumps, and pumpingmachinery now constructed or hereafter to be constructed in or inconnection with the Agassiz Drainage Area, the Harrison Mills DrainageArea, or the Agassiz-Harrison Mills Dyking Area;

(b) construct, or cause to be constructed or installed, any new drainage-work,dyke, pump, or pumping machinery within or in connection with theAgassiz Drainage Area, the Harrison Mills Drainage Area, or theAgassiz-Harrison Mills Dyking Area which the Council may deemnecessary or advisable;

(c) reconstruct, relocate, improve, enlarge, or extend all or any part of the saiddrainage-works or dykes and replace any pumps or pumping machinery;

(d) advance moneys out of the general funds of the Corporation to meet thecosts and expenses of and incidental to or occasioned by the exercise ofany of the powers granted hereby in anticipation of the collection of thespecial rates hereinafter mentioned on the condition that the moneys soadvanced shall be recouped to the general funds of the Corporation as andwhen the said special rates are received;

(e) determine each year what proportion of the cost of pumping shall bedeemed to be a drainage cost and what proportion shall be deemed to be adyking cost, and to charge such costs accordingly;

(f) pass by-laws each and every year imposing and levying

(i)



on all real property in the Agassiz-Harrison Mills Dyking Area andupon the owners thereof as shown by the last revised assessmentroll, with respect to costs incurred for dyking within the AgassizDrainage Area;

(ii) on all real property in the Agassiz Drainage Area and upon theowners thereof as shown by the last revised assessment roll, withrespect to costs incurred for drainage within the Agassiz DrainageArea; and

(iii) on all real property in the Harrison Mills Drainage Area and uponthe owners thereof as shown by the last revised assessment roll, withrespect to costs incurred for drainage within the Harrison MillsDrainage Area,

special rates to pay the said costs and expenses, including such amounts (ifany) as may be necessary to meet annual payments on account of principaland interest arising out of any debt incurred under this section or under theAgassiz Drainage and Dyking Act, 1953; but the Council may pay out ofgeneral revenue in any year an amount not exceeding ten per centum of thedyking costs chargeable against the Agassiz-Harrison Mills Dyking Area.

(4) Should the Council decide that the cost of any new drainage-work or dyke,pumps or pumping machinery, or the reconstruction, relocation, or extension ofany drainage-work or dyke, or the replacement of any pump or pumpingmachinery, or the cost of expropriating any lands in the exercise of any of itsdrainage or dyking powers is too great to be levied in a single year, the Councilmay by by-law, subject to the consent of the Inspector of Municipalities, borrowthe necessary money on the credit of the Corporation, and may by the sameby-law authorize the issuance of debentures to secure repayment of principal andinterest thereon, and shall assess and levy annually until the loan is repaid, uponall the real property and owners thereof within the particular drainage area ordyking area concerned, an amount sufficient for the repayment of principal andinterest of the said loan, within a period(a) not exceeding five years, without the assent of the owner-electors to the

by-law; or(b) exceeding five years but not exceeding twenty years, with the assent of the

owner-electors of the particular drainage area or dyking area involved.(5) The special rate to pay drainage costs mentioned in clause (I) of subsection (3)

shall be levied against each parcel of land within the drainage area concerned inproportion to its size, and(a) the rate levied to pay drainage costs shall not be greater than the maximum

or less than the minimum rate prescribed by the Lieutenant Governor inCouncil;

(b) the special rate to pay dyking costs shall be levied on the basis of theassessed value of the taxable land and that percentage of the assessed valueof the taxable improvements concerned that is taxed for the generalpurposes of the municipality in the year of the levy.

(6) The by-laws for levying the special rates imposed under this section shall bepassed each year not later than the date of the general taxation by-law for theyear, and all such special rates shall be owing and payable to the Corporation, andshall be collected at the same time as the general levy; and all the provisions ofthe Municipal Act as to collection and recovery of rates apply thereto.

(7)



The Council shall keep, or cause to be kept, in its books a separate account forand of all rates imposed under any by-law passed under this section, and shalldistinguish on its books between the rates levied in respect of(a) the Agassiz-Harrison Mills Dyking Area;

(b) the Agassiz Drainage Area;

(c) the Harrison Mills Drainage Area.

(8) Subdivision (d) of Division (3) of Part XIII of the Municipal Act does not applywithin the Agassiz Drainage Area or the Harrison Mills Drainage Area.

(9) Any rates and taxes owing to the Corporation and levied under the AgassizDrainage and Dyking Act, 1953, continue to be a debt owing to the Corporation,and all the provisions of that Act and of the Municipal Act for recovery of suchrates or taxes shall remain in effect until such rates and taxes have been paid.

(10) All costs, expenses, and charges incurred by the Council in connection with thedrainage-works and dykes of the Agassiz Drainage Area, the Harrison MillsDrainage Area, and the Agassiz-Harrison Mills Dyking Area from and after thefirst day of January, 1964, and all debt charges incurred under the AgassizDrainage and Dyking Act, 1953, that fall due from and after the first day ofJanuary, 1964, shall be levied under the provisions of this section.

(11) The Agassiz Drainage and Dyking Act, 1953, is repealed.1964-34-2; 1965-30-2; 1977-53-1; 1978-25-334; 1980-39-1.



New Westminster


77. (1) Notwithstanding the provisions of section 21 of the Municipal Act or the NewWestminster incorporation Act, being chapter 42 of the Statutes of 1888, andamendments thereto, the boundaries of The Corporation of the City of NewWestminster may be extended by including the area contained within theboundaries of the Connaught Heights Waterworks District, being an improvementdistrict incorporated under the Water Act, as hereinafter provided.

(2) The Lieutenant-Governor in Council may, upon the recommen-dation of theMinister, by supplementary Letters Patent extend the boundaries of the city toinclude the area of the said improvement district.

(3) The Minister may, before making a recommendation, require and arrange forobtaining the opinion of the owners of land within the improvement district onthe question of their lands becoming a part of the city, and all expenses incidentalto the holding of any plebiscite shall be paid by the Minister of Finance out of theConsolidated Revenue Fund.

(4) If supplementary Letters Patent do issue under subsection (2), all the provisionsof the New Westminster Incorporation Act apply to the lands and highwaysincluded as if such lands and highways had been included at the time of theincorporation of The Corporation of the City of New Westminster.

1964-34-2.



Greater Victoria

Sewage-disposal study agreement

78. The agreement entitled "Agreement re Joint Sewage Disposal Study" entered intoon the sixth day of January, 1965, between the Corporation of the Village ofSidney, The Corporation of the District of Central Saanich, The Corporation ofthe District of Saanich, The Corporation of the District of Oak Bay, TheCorporation of the City of Victoria, the corporation of the Township ofEsquimalt, and the Minister of Municipal Affairs is declared to be lawful andwithin the powers of the municipalities being parties thereto, and is valid andbinding thereon notwithstanding the provisions of any law or Statute to thecontrary; and The Corporation of the City of Victoria is deemed to be the agent ofthe parties for the purposes of carrying out and administering the agreement.

1965-30-2.

Centennial agreement

78.A The agreement entered into by The Corporation of the City of Victoria, TheCorporation of the District of Saanich, The Corporation of the District of OakBay, and the Corporation of the Township of Esquimalt with the University ofVictoria and the Greater Victoria Canadian Confederation Centennial Society onthe eighth day of March, 1966, is declared to be lawful and within the powers ofthe parties thereto and binding on all the parties thereto according to the tenorthereof notwithstanding the provisions of any other law or Statute.

1966-34-2.



Princeton

Sewerage charges

79. (1) Notwithstanding the provisions of the Municipal Act or any other Act or by-lawof the municipality, all monthly sewerage charges levied by The Corporation ofthe Village of Princeton on or before the thirty-first day of December, 1964, arehereby declared lawful and are deemed to have been within the power of the saidmunicipality, and the municipality may collect all monthly sewerage chargeslevied on or before the thirty-first day of December, 1964.

(2) Subsection (1) does not come into force or effect unless so declared by a by-lawadopted by an affirmative vote of all the members of the Council of the saidCorporation.

1965-30-2.



Saanich

Vesting of lands

80. The lands, the title to which are registered in the Victoria Land Registry Officeunder Certificates of Title No. 282551 and No. 28570i, are hereby vested in TheCorporation of the District of Saanich in fee-simple, free from any trust butotherwise subject to the exceptions and reservations contained in the originalgrant from the Crown, and the Registrar of Titles may, upon production of a copyof this Act and compliance with the Land Registry Act, issue to that Corporation acertificate of indefeasible title to the said lands, free from any trust but otherwisesubject to the exceptions and reservations contained in the original grant from theCrown: No fees are payable on the application under items 5 and 6 of the Scale ofFees, Second Schedule, of the Land Registry Act.

1965-30-2.

Vesting of title

80.A The lands, the title to which is registered in the Victoria Land Registry Officeunder Certificates of Title Nos. 270691, 1343361, 291411, and 291461, arehereby vested in The Corporation of the District of Saanich in fee-simple, freefrom any trust but otherwise subject to the exceptions and reservations containedin the original grant from the Crown, and the Registrar of Titles may, uponproduction of a copy of this Act and compliance with the Land Registry Act, issueto that Corporation a certificate of indefeasible title to the said lands, free fromany trust but otherwise subject to the exceptions and reservations contained in theoriginal grant from the Crown. No fees are payable on the application under items5 and 6 of the Scale of Fees, Second Schedule, of the Land Registry Act.

1966-34-2.

Lands for waterworks

80.B The following described lands:

(a) That certain piece or parcel of land being part of Sections 37 and 38,Victoria District, shown and delineated as park reserve on Plan 402B,being 16.4 acres in area, more or less:

(b) Blocks D and C and Lots 2 and 3 in Block 1 of Sections 38 and 39,Victoria District, Plan 402B, registered under Certificate of Title No.732671; Blocks N, 0, and P of Sections 37 and 38, Victoria District, Plan402B, registered under Certificate of Title No. 683291; Blocks F and E andLot 21 in Block 6 of Sections 37 and 38, Victoria District, Plan 402B,registered under Certificate of Title No. 656491; Blocks B and R and Lots4 to 11, inclusive, in Block 1, Sections 38 and 39, Victoria District, Plan402B, registered under Certificate of Title No. 778211; Lot 1, Block 1,Section 39, Victoria District, Plan 402B, registered under Certificate ofTitle No. 736861; and

(c) That part of Section 37, Victoria District, shown outlined in red on Plan653 B.L., registered under Certificate of Title No. 386972I,



are hereby vested in The Corporation of the District of Saanich for the pleasure,recreation, and community uses of the public and for the construction,establishment, and maintenance of reservoirs and waterworks free from any othertrust or restriction for park purposes but otherwise subject to the exceptions andreservations contained in the original grant from the Crown, and the Registrar ofTitles may, upon production of a copy of this Act and in compliance with theLand Registry Act, issue to that Corporation a certificate of indefeasible title tothe said lands subject to the restrictions aforesaid and subject to the exceptionsand reservations contained in the original grant from the Crown. No fees arepayable on the application under items 5 and 6 of the scale of fees, SecondSchedule, of the Land Registry Act.

1967-30-2.

Regional park lease

80.C Notwithstanding section 247 of the Municipal Act, the Council of TheCorporation of the District of Saanich may enter into a lease or other agreementwith the Regional District of the Capital of British Columbia for the management,maintenance, improvement, operation, control, or use as and for a regional parkby the said Corporation of the whole or any part of the real property acquired oragreed to be acquired by the said regional district under section 94 of this Act.

1967-30-2.

Financing of sewers

80.D (1) Notwithstanding the provisions of any by-laws of The Corporation of the Districtof Saanich (hereinafter called the "Corporation") in respect of sanitary sewersunder which debts are owing by the Corporation or under which debentures of theCorporation are presently outstanding or authorized, the Council of theCorporation may, by by-law, with the assent of the owner-electors,(a) provide for the establishment of a municipal enterprise consisting of all

municipally owned and operated works, equipment, and facilities forproviding sewerage facilities and for their maintenance, management, andoperation;

(b) provide that from a date specified in the said by-law no levies shall beimposed, raised, or levied under the terms of the said by-laws;

(c) define an area of the Municipality of Saanich which, in the opinion of theCouncil of the Corporation, will be served by sewerage facilities within aperiod of five years from the said specified date.

(2) Subsections (3) to (12) shall only come into force upon the adoption of theby-law referred to in subsection (1).

(3) From the said specified date the total amount (excluding the Corporation's portionof the cost assumed under subsection (5) and any sum for the retirement of debtavailable from the amount to be raised as provided in subsection (4) ) required tobe raised annually for the retirement of the debt created by the aforesaid by-lawsand the interest thereon, or the debt hereafter to be created for capital expenditureon or in connection with the said municipal enterprise and the interest thereon,shall be levied and raised by a tax on each parcel of real property taxable forgeneral purposes within the area referred to in clause (c) of subsection (1) or sucharea extended as hereinafter provided, as follows, either(a) a uniform parcel tax being an equal levy in dollars on each parcel; or



(b) a mill rate on the taxable assessed value for general purposes of land only;

provided, however, that the uniform parcel tax under clause (a) or the levy underclause (b) may be waived or reduced in respect of real property, any present orprevious owner or present occupier of which has paid all or a portion of the debtand Debt charges, excluding interest, in respect of that portion of the seweragesystem of the Corporation that serves the real property.

(4) From the said specified date an amount at least sufficient to meet the annualestimated expenses of management, maintenance, and operation of the saidmunicipal enterprise (less any amount assumed under subsection (5) ) shall beraised by imposing an annual charge against the owners or occupiers of realproperty within the Municipality of Saanich connected to the sewerage system, inaccordance with the provisions of clause (c) of subsection (1) of section 532 ofthe Municipal Act, and the amount so raised shall be applied, firstly, to meet theannual expenses of management, maintenance, and operation, and, secondly, inretirement of the said debt.

(5)

(a) In the event the Corporation enters into an agreement or otherwisebecomes obligated to pay any part of the costs of construction, operation,maintenance, or use of joint sewerage facilities, such part, less any amountthereof that the Council of the Corporation determines shall be paid out ofgeneral revenues, shall be charged against the said municipal enterpriseand shall be raised in the manner provided in subsection (3).

(b) If, in the opinion of the Engineer of the Corporation, the capacity of anypart of the sewerage-works, equipment, and facilities is in excess of thatrequired to serve the area referred to in clause (c) of subsection (1), or sucharea extended as hereinafter provided, such portion of the annual cost ofthe municipal enterprise attributable to such excess capacity as the Councilof the Corporation may determine shall be paid out of the general revenuesof the Corporation.

(6) If in any year the total of the amounts levied pursuant to sub-sections (3), (4), andclause (a) of subsection (5) are insufficient to meet the actual requirements in thatyear for the retirement of the debt of the said municipal enterprise and the interestthereon and the expenses of management, maintenance, and operation of the saidmunicipal enterprise, and the share of costs for which the said municipalenterprise is responsible under clause (a) of subsection (5), the deficit shall be acharge on the general revenues of the municipality for that year.

(7) From time to time the Council of the Corporation may extend, by by-law, theboundaries of the area referred to in clause (c) of subsection (1), and shall in theby-law specify a date within five years of which the extended area will, in theopinion of the Council of the Corporation, be served with sewerage facilities; andthe provisions of subsection (1) of section 618 of the Municipal Act shall applymutatis mutandis.

(8) The Council of the Corporation may, by by-law, with the approval of theLieutenant-Governor in Council, establish the conditions under which themunicipal enterprise will provide sewerage facilities within the area referred to inclause (c) of subsection (1).

(9) Notwithstanding the provisions of subsections (3) and (4), the cost of layingconnecting pipes from sewers to land on which buildings or structures are situate



shall be defrayed by the imposition of a connection charge under the provisionsof section 532 of the Municipal Act.

(10) The exercise of any of the powers under this section shall not restrict the Councilof the Corporation in the exercise of any of the powers conferred on it by theMunicipal Act or any other Act except to the extent as provided under thissection.

(11) The exercise of any of the powers under this section shall not relieve the Councilof the Corporation from any other requirement of the Municipal Act or any otherAct except to the extent as provided under this section.

(12) Section 253 of the Municipal Act applies to the said municipal enterprise as if acertificate of self-liquidation had been granted therefor.

1967-30-2; 1968-35-2; 1973-152-11.



100 Mile House

Bridge Creek Estate land

81. If any area of land contained in the Bridge Creek Estate is to be or is included in amunicipality, the definition of "owner" in section 2 of the Municipal Act isextended to include the holder of land within that estate under a registered leaseagreement, if the agreement contains a covenant requiring the holder to pay allreal-property taxes levied against the leasehold.

1965-30-2.



Nanaimo

Taxation exemption

82. Notwithstanding any provision of the Municipal Act or any other Act or by-law ofthe municipality, the following described lands and improvements thereon areexempt from any taxation imposed pursuant to "The Corporation of the City ofNanaimo Commercial Inlet Development By-law, 1964, No. 1184 "so long as thebuildings thereon are set apart and in use for the public worship of God: Part ofAmended Lot 1, Block 55, Section 1, Nanaimo District, Plan 584, included inchurch-site; Lot A, Section 1, Nanaimo District, Plan 3459, except that partthereof included in Plan 13272; and Lot 5, Block 12, Section 1, Nanaimo District,Plan 584.

1965-30-2.

Bus purchase and sale

82.A (1) Notwithstanding the requirements of the Municipal Act or any other Act, TheCorporation of the City of Nanaimo "Bus Purchase By-law 1965 No. 1225" isdeclared lawful on and from the date of the adoption of the said by-law.

(2) Notwithstanding section 216 of the Municipal Act, the Council of TheCorporation of the City of Nanaimo may, by by-law, sell the buses acquiredpursuant to the said "Bus Purchase By-law 1965 No. 1225" to Nanaimo TransitLimited on such terms and conditions as are mutually agreed upon.

1966-34-2.

Application of s. 75

82.B Section 75 applies mutatis mutandis to The Corporation of the City of Nanaimo.1967-30-2.



Campbell River

Amendment of Letters Patent

83. (1) The Letters Patent of the District of Campbell River and the Order in Councilauthorizing their issue on the seventeenth day of December, 1964, are confirmedand validated, and without the assent of the owner-electors of the municipality theLieutenant-Governor in Council may, by supplementary Letters Patent, amendthe said Letters Patent by(a) excluding from the municipality the area of land described as Block 12,

Lot 72, Sayward District, as shown on Plan 2090 on file in the Land TitlesOffIce at Victoria, B.C., if, prior to the thirty-first day of May, 1965, atleast one-half of the owners of real property in the area have signed apetition, prepared by and kept in the office of the Clerk of the municipality,requesting that their lands be so excluded;

(b) excluding from the municipality the area of land described as that part ofthe Willow Point Waterworks District which is in the municipality and theadjacent land covered by water in Discovery Passage, bounded on the eastby a line drawn parallel to and one thousand feet perpendicularly distantfrom the high-water mark on the easterly shore of Vancouver Island, if,prior to the thirty-first day of May, 1965, at least one-half of the owners ofreal property in the above-described area have signed a petition, preparedby and kept in the office of the Clerk of the municipality, requesting thattheir lands be so excluded;

(c) including within the municipality the area of North Campbell RiverWaterworks District, if, prior to the thirty-first day of December, 1967,(i) he is so requested by the Trustees of the District; and

(ii) at least three-fifths of the qualified owners of real property in thedistrict who vote on the question are in favour of their lands being soincluded;

(d) including within the municipality the area of Quinsam Heights WaterworksDistrict, if, prior to the thirty-first day of Decem-ber, 1967,(i) he is so requested by the Trustees of the District; and

(ii) at least three-fifths of the qualified owners of real property in thedistrict who vote on the question are in favour of their lands being soincluded.

(2) The form of petition referred to in clauses (a) and (b) of subsection (1) shall beprepared by the Clerk forthwith upon the written request of at least five residentowners of real property in the said area, and he shall cause a notice stating thatthe petition is available for signature to be published in a newspaper circulating inthe municipality at least twice prior to the, thirtieth day of April, 1965, the firstnotice being published not less than ten days from the time of the written requestaforesaid.

(3) The Minister shall cause to be made all the necessary arrangements for theholding of a poll or polls under clause (c) or (d) of subsection (1), and subsections(5) and (6) of section 10 and subsection (7) of section 21 of the Municipal Actapply mutatis mutandis.

1965-30-2; 1978-25-334.



Supplementary Letters Patent

83.A The supplementary Letters Patent of the District of Campbell River issued on the21st day of July, 1966, pursuant to Order in Council 2147/66, and thesupplementary Letters Patent issued on the 13th day of December, 1966, pursuantto Order in Council 3697/66, are confirmed and validated.

1967-30-2.



Stewart


84. (1) Notwithstanding Part I of the Municipal Act, the Lieutenant-Governor in Councilmay, by Letters Patent, extend the boundaries of The Corporation of the Villageof Stewart by the inclusion of any area or areas adjacent thereto and reincorporatethe municipality as a district municipality, and may provide in the Letters Patentsuch provisions as the Lieutenant-Governor in Council may deem proper ornecessary for the development of the municipality in conjunction with anyindustrial development or expansion in the area.

(2) Borrowing - Notwithstanding section 249 of the Municipal Act, for the purposeof providing municipal works and services, the Council of The Cor-poration ofthe Village of Stewart may, during the period ending on the thirty-first day ofDecember, 1969, incur liabilities or borrow money without the assent of theowner-electors in such amounts as are approved by the Inspector ofMunicipalities.

(3) Water and sewerage works - On or before a date determined by the Minister,the Council of The Corporation of the Village of Stewart shall adopt and registerin the office of the Inspector of Municipalities a by-law providing for thepurchase of any waterworks and sewerage-works, constructed during the year1965 for the purpose of serving properties within the village, for a sum notexceeding six hundred thousand dollars or the actual cost of construction,whichever sum is the lesser, and may adopt a by-law or by-laws for theborrowing of money therefor; provided that the person from whom such worksare purchased has entered into an enforceable agreement with the village wherebythe said vendor agrees to pay annually to the village the difference between thetotal revenues receivable by the village by way of rates, taxes, and charges fromand for the use of the said works and the total of the amounts required for thepayment of interest on and the annual repayment of principal of the moneysborrowed aforesaid.

(4) Approvals required - The agreement under subsection (3) is not enforceableunless and until the Council of the village has adopted, received the necessaryapprovals for, and registered in the office of the Inspector of Municipalitiesby-laws establishing rates, taxes, and charges as may be determined by theInspector of Municipalities for the use of or opportunity to use the said works.

(5) Application - The provisions of this section apply to any municipality hereafterconstituted in which the lands comprising the present The Corporation of theVillage of Stewart are included.

(6) Lease of sewer and water systems - Notwithstanding the provisions ofsubsection (3), with the approval of the Inspector of Municipalities, the Councilof the Village of Stewart may, by by-law, without the consent of theowner-electors, acquire the waterworks or sewerage-works, or both, specified inthe said subsection by lease under such terms and conditions, including an optionto purchase, as may be mutually agreed upon between the parties to the leaseagreement, and for the purposes of Division (4) of Part XIII and Division (2) ofPart XIV of the Municipal Act the village is deemed to be the owner of the worksduring the term of the lease.

1965-30-2; 1966-34-2; 1968-35-3.



Duncan and North Cowichan

Quashing period

85. Section 238 of the Municipal Act does not apply to By-law No. 820 of TheCorporation of the City of Duncan, cited as "Hospital Construction Loan By-law1965, No. 820" nor to By-law No. 1031 of The Corporation of the District ofNorth Cowichan, cited as "District of North Cowichan Hospital ConstructionLoan By-law, 1965."

1965-30-2.

Transition

86. To remove any doubt or uncertainty any area declared a planning area by theMinister pursuant to the Town Planning Act, being chapter 339 of the RevisedStatutes of British Columbia, 1948, is deemed to be an area declared a planningarea by the Lieutenant-Governor in Council pursuant to section 720 of theMunicipal Act as and from the date the area was declared a planning area by theMinister under the Town Planning Act, and the constituted Regional PlanningBoard is deemed to have been established on such date by Order of theLieutenant-Governor in Council pursuant to subsection (3) of the said section720.

1965-30-2.



Aennofield

Validation of ballot

87. Notwithstanding that "The Village of Aennofield Water Works SystemEstablishment and Financing By-law No. 45, 1965," and "The Village ofAennofield Sewerage System Establishment and Financing By-law No. 46,1965," were submitted to the electors on one ballot, the assent of theowner-electors to the by-law is deemed to have been validly obtained.

1966-34-2.



Gold River

Current borrowing power

88. (1) Notwithstanding the provisions of section 247 and in addition to the powersunder section 264 of the Municipal Act, the Council of the District of Gold Rivermay, without the assent of the owner-electors, by by-law approved by theInspector of Municipalities, provide for the borrowing of such sums of money asmay be requisite to meet the current expenditures of the municipality.

(2) This section applies only until the assessed values of land and improvementswithin the District of Gold River that may be taxed for general purposes underclause (a) of subsection (1) of section 206 of the Municipal Act exceeds tenmillion dollars.

1966-34-2.



Invermere


89. Notwithstanding the failure to comply with statutory dates for the election ofmembers of the Council of The Corporation of the Village of Invermere in theyear 1965, the election so held is valid, as if the statutory dates had beencomplied with.

1966-34-2.



Masset


90. Notwithstanding the failure to comply with statutory dates for the election ofmembers of the Council of the Village of Masset in the year 1965, the election soheld is valid, as if the statutory dates had been complied with.

1966-34-2.

By-laws

90.A Notwithstanding the non-conformity with statutory dates, the "Village of MassetAnnual Budget By-law No. 49, 1966," and the "Village of Masset Tax RateBy-law No. 50, 1966," are declared valid.

1967-30-2.



Port Alice

Provision for first election

91. Notwithstanding the provisions of the Municipal Act or of the Letters Patentincorporating the District of Port Alice, the Lieutenant-Governor in Council bysupplementary Letters Patent may make provisions for the election of members ofthe Council of the District of Port Alice other than those provided in the LettersPatent.

1966-34-2.



Revelstoke

Validation of agreement

92. Notwithstanding any provision of section 247 of the Municipal Act, theagreement entered into on the twenty-ninth day of May, 1964, between CanadianImperial Bank of Commerce and The Corporation of the City of Revelstoke forthe purchase by the city from the bank of all and singular that certain parcel ortract of land and premises situate, lying, and being in the City of Revelstoke andProvince of British Columbia, and more particularly known and described as Lots15 and 16 in Block 24, Revelstoke City, Plan 636, save and except that part ofLot 16 which lies to the north and east of a line parallel to and five feetperpendicularly distant from the north-easterly boundary of the said lot, is valid.

1966-34-2.



Williams Lake

Power to acquire land for development

93. With the approval of the Minister, the Council of the Town of Williams Lakemay exercise the powers of a city municipality under the provisions of clause (a)of subsection (2) of section 465 of the Municipal Act with respect to any propertysituate within the corporate limits of the municipality and owned by the PacificGreat Eastern Railway Company.

1966-34-2.



Regional District of the Capital of British Columbia

Waterworks and regional park

94. Notwithstanding the provisions of subsection (2) of section 6 of the RegionalParks Act and section 247 of the Municipal Act, or any other provision of thoseActs or in the Letters Patent incorporating the Regional District of the Capital ofBritish Columbia, the Regional Board of the said district may(a) enter into an agreement with The Corporation of the City of Victoria for

the acquisition by the Regional Board of the whole or any part of the realproperty appertaining or belonging to the Corporation's waterworks situatein the Municipality of the District of Saanich and commonly known as the"Elk Lake Reservoir and Watershed Property," whereunder payment by theregional district is to be made during a period not in excess of ten years;

(b) lease or enter into agreements with The Corporation of the District ofSaanich for the management, maintenance, improvement, operation,control, or use, as and for a regional park, of the whole or any part of thereal property acquired or agreed to be acquired as aforesaid by theRegional Board.

1967-30-2.

Registration of title

94.A Notwithstanding the Land Titles Act, the lands and premises of The Corporationof the City of Victoria agreed to be conveyed by the said Corporation to theRegional District of the Capital of British Columbia by agreement dated thetwenty-eighth day of June, 1967, namely, the lands and premises registered in theland titles office in the City of Victoria and described in the certificates of titlelisted in Schedule 1 to this section, except those parts thereof described inSchedule 2 to this section, shall be deemed to be registered lands and premises ofthe said Regional District of the Capital of British Columbia, and the Registrarshall accordingly make all necessary amendments to the register and suchamendments constitute registration under the Land Titles Act in favour of theRegional District of the Capital of British Columbia.

Schedule 1

10841I.F.B. 1.3015049cA.F.B. 19.2264472cA.F.B. 19.523122AA.F.B. 6.539I422cA.F.B. 17.7794216AA.F.B. 7.529

3801AA.F.B. 7.527I42cA.F.B. 17.193276cA.F.B. 17.654272AA.F.B. 7.555273cA.F.B. 17.493790AA.F.B. 7.525

9504AA.F.B. 11.2652761II.F.B. 3.4792419AA.F.B. 5.8222449AA.F.B. 6.116819cA.F.B. 20.210I8697cA.F.B. 25.428



I436cA.F.B. 17.7273802AA.F.B. 7.5273803AA.F.B. 7.5294237cA.F.B. 19.612740AA.F.B. 6.245

30cA.F.B. 16.87918892AA.F.B. 16.81139305I39306I39307I39308I

4809cA.F.B. 19.15310062cA.F.B. 22.4739309I39310I39311I39312I

Schedule 2

Those parts of Sections Forty-three (43), Forty-seven (47), Forty-eight (48), and One hundred and ten(110), Lake District, B.C., lying easterly of the boundaries described as commencing at theintersection of the northerly boundary of said Section Forty-three (43) and the westerly boundary ofPlan 43RW, thence southerly along the said westerly boundary of Plan 43RW to an intersection withthe westerly boundary of Plan 771RW, thence southerly along the said westerly boundary of Plan771RW to an intersection with the westerly boundary of said Plan 43RW, thence southerly along thesaid westerly boundary of Plan 43RW to the south-easterly boundary of the lands as shown colouredred on plan exhibited in Absolute Fees Parcels Book, Volume 8, Folio 653, No. 276c.

1968-35-2; 1978-25-333, 334.



Fort St. James

Ratification of agreement

95. Notwithstanding any provision of the Municipal Act, the agreement dated the13th day of February, 1967, entered into between Fort St. James Homesites Ltd.,Emerson Donald Vinnedge, and The Corporation of the Village of Fort St. James,is declared valid and binding on the parties thereto upon the adoption of a by-lawby the Council of the Village ratifying the said agreement.

1967-30-2.



Nelson

Waterworks extension

96. Notwithstanding the provisions of subsection (2) of section 283 of the MunicipalAct, the Council of The Corporation of the City of Nelson may expend surplusfunds in the amount of two hundred thousand dollars, borrowed pursuant to its"Waterworks Extension By-law No. 1315, of 1961," by transferring(a) the sum of one hundred and fifty thousand dollars to the credit of" City of

Nelson Improvements Loan By-law No. 1316 of 1961"; and(b) the remaining balance of fifty thousand dollars to the credit of "City of

Nelson Sanitary Sewer Extensions Loan By-law No. 1317 of 1961."1967-30-2.



Port Hardy

Vehicle licences

97. Notwithstanding the provisions of section 458c of the Municipal Act, the Districtof Port Hardy Commercial Vehicle Licensing By-law, 1967, No. 9, is deemed tohave been adopted on or before the 30th day of September, 1966, and all licencesissued and fees charged thereunder for the licence-year 1967 are deemed to bevalid.

1967-30-2.



Prince Rupert


98. The supplementary Letters Patent of the City of Prince Rupert, issued the 8th dayof March, 1967, pursuant to Order in Council 740/67, are confirmed andvalidated.

1967-30-2.



Prince George

Charges

99. (1) For the purpose of recovering the costs of the installation of municipal services,pursuant to the City of Prince George By-laws 1671, 1708, 1743, and 1774, theCouncil of the City of Prince George may impose a charge on each of the parcelsof land described in the Schedule attached hereto of the amount indicated for eachparcel on the Schedule.

(2) The said amounts are payable in equal annual instalments of principal and interestin each of the years 1967 to 1976, inclusive, and each annual instalment isdeemed to be a charge for the purposes of section 377 of the Municipal Act.

(3) Notwithstanding subsection (2), the owner of any said parcel may commute theannual instalments by the payment of any outstanding amount.

Schedule

All lots being Cariboo District Plan 15185, with charges as follows:

Lot No. 5, $2,450; Lot No. 31, $3,050; Lot No. 37, $2,600; Lot No. 38, $2,600; Lot No. 48, $2,850;Lot No. 49, $2,450; Lot No. 50, $2,450; Lot No. 51, $2,450; Lot No. 57, $2,750; Lot No. 79, $2,550;Lot No. 80, $2,300; Lot No. 81, $2,150; Lot No. 97, $2,800; Lot No. 165, $2,600; Lot No. 210,$2,550; Lot No. 236, $2,200; Lot No. 258, $2,150; Lot No. 259, $2,250; Lot No. 263, $2,450; LotNo. 300, $2,750; Lot No. 332, $2,550; Lot No. 333, $2,550; Lot No. 334, $2,550; Lot No. 338,$2,600; Lot No. 375, $2,450; Lot No. 393, $2,450; Lot No. 394, $2,450; Lot No. 457, $2,550; LotNo. 469, $2,300; Lot No. 475, $2,300; Lot No. 476, $2,300; Lot No. 492, $2,750; Lot No. 500,$2,650; Lot No. 513, $2,700; Lot No. 514, $2,550; Lot No. 531, $2,700; Lot No. 352, $2,450; LotNo. 353, $2,450.

1967-30-2.



Richmond

Financing of trunk sewers

100. (1) Notwithstanding any provision of the Municipal Act, the Council of TheCorporation of the Township of Richmond (herein referred to as the "Corporation") may adopt, without the assent of the owner-electors, by-laws(a) for the purpose of having constructed a system of trunk sewer-age works

for the collection, conveyance, and disposal of sew-age, including, withoutlimiting the generality of the foregoing, forcemain sewers and theirpump-houses and such ancillary drainage-works for the impounding,conveying, and discharging of surface and other waters, as are necessaryfor the proper laying out and construction of the said system ofsewerage-works; and the total amount to be raised annually for theretirement of debt, including principal and interest, incurred for such worksshall be levied and raised by a mill rate on the taxable assessed values forgeneral purposes of land only of all real property within the area to bebenefited as defined by the Greater Vancouver Sewerage and DrainageDistrict, that is to say(i) the area encompassing those portions of sewerage sub-areas and

local pump areas contained in the Lulu Island West Sewerage Areaof the Greater Vancouver Sewerage and Drainage District as shownon the current plan of the Lulu Island West Sewerage Area,

(ii) the area encompassing Sea, Mitchell, Twigg and Eburne Islands,which is that part of the Municipality of Richmond contained in theVancouver Sewerage Area of the Greater Vancouver Sewerage andDrainage District as shown on the current plan of the VancouverSewerage Area, and

(iii) that part of the Municipality of Richmond contained in the FraserSewerage Area of the Greater Vancouver Sewerage and DrainageDistrict as shown on the current plan of the Fraser Sewerage Area;

as deposited from time to time in the land title office pursuant to theGreater Vancouver Sewerage and Drainage District Act;

(b) for the purpose of constructing systems of lateral sewerage works for thecollection, conveyance, and disposal of sewage, including, without limitingthe generality of the foregoing, such manholes and connecting drains as itdeems necessary, and the total amount to be raised annually for theretirement of debt, including principal and interest, incurred for such worksmay be levied and raised by a mill rate on the taxable assessed values forgeneral purposes of land and improvements of all real property within thearea to be benefited as described in clause (a);

and the amount required for the construction, operation and maintenance of thoseworks referred to in paragraphs (a) and (b) may be raised by the imposition ofrates and charges pursuant to section 612 of the Municipal Act, R.S.B.C. 1979,and the rates and charges may be different for each area referred to in paragraph(a) (i), (ii) or (iii).

(2) Section 330 of the Municipal Act, R.S.B.C. 1979, applies with respect to theconstruction of sewers and sewerage works by the Corporation or by the GreaterVancouver Sewerage and Drainage District pursuant to subsection (3) of section



7 of the Greater Vancouver Sewerage and Drainage District Act, pursuant to thissection as if a certificate of self-liquidation had been granted for the seweragefacilities pursuant to the Municipal Act.

(3) Notwithstanding clause (a) and (b) of subsection (1), land classified as"Agricultural District " by section 5 of the Corporation's Zoning By-law No. 1430and the zoning map appurtenant thereto as from time to time amended, repealed,or re-enacted, save and except any land which has been permitted a change of useby a land use contract entered into under section 702A of the Municipal Act,R.S.B.C. 1960, before the repeal of that section was effective, is exempt from anymill rate levied pursuant to those clauses.

(4) On, from, and after the first day of January in the year following the adoption of aby-law under subsection (1), the sewerage works referred to in the Corporation'sBy-law No. 1735 of Local Improvement District No. 144, as amended by By-lawNo. 1809 and By-law No. 1737, shall be deemed to have been constructedpursuant to clause (b) of subsection (1), and thereafter no levies or charges shallbe imposed, raised, or levied under the terms of those by-laws.

1971-40-1; 1980-39-2.

Utilities

100.A(1) Subject to subsection (2) where, in the opinion of the Council of the Township ofRichmond (hereinafter called the "Corporation"), it is not possible or desirable toinstall public utilities in, on, or over streets or lanes, the Council may from timeto time, for the purpose of providing such public utilities,(a) determine and define the location and extent of

(i) the land within the municipality on, over, or under which the utilitiesshall pass; and

(ii) what other land within the municipality shall be required for accessto and from the aforesaid lands to adequately construct, repair, andmaintain the utilities; and

(b) prepare or cause to be prepared a plan or plans showing to the satisfactionof the Registrar of the New Westminster Land Titles District the locationand extent of the lands so determined and defined by the Council andwhether the said lands will be used for the utilities or only for accessthereto and therefrom.

(2) This section applies only where the land on, over, or under which the utilitiesshall pass is capable of being directly connected to the utility works to beinstalled on, over, or under that land.

(3) Notwithstanding anything contained in subclause (i) of clause (a) of subsection(1), the Council of the Corporation shall not include any land on, over, or underwhich utilities are to pass where such land is more than 3 m from the nearestregistered property line, measured at right angles to such line, without first havingapplied to the Zoning Board of Appeal established pursuant to section 708 of theMunicipal Act for an adjudication as to the necessity of the Corporationdetermining and defining such land pursuant to this section, and whether or notsuch determination causes undue hardship to the owner concerned. Where theBoard is satisfied that the proposed easement is necessary and no undue hardshipwill be caused it shall so certify. The Zoning Board of Appeal is empowered to soadjudicate and an appeal lies to a Judge of the County Court from the decision ofthe Board.



(4) Before adjudicating on the merits of the Corporation's application, the ZoningBoard of Appeal shall first have satisfied itself that the Corporation has causedwritten notice of the time, place, and nature of the proposed adjudication to beserved upon the persons who are owners of the lands affected (as defined in theMunicipal Act), and service of such notice shall be deemed sufficient if sent atleast two weeks before the adjudication by registered mail to such persons inaccordance with section 401 of the Municipal Act.

(5) The costs and incidental expenses of causing written notice to be given pursuantto subsection (4) shall be borne by the Corporation.

(6) The plan or plans shall be

(a) certified by the Reeve and Clerk of the Corporation as having been madepursuant to and in accordance with a determination and definition of theCouncil under this section; and

(b) certified by the Chairman of the Zoning Board of Appeal where anadjudication made pursuant to subsection (2) has upheld in whole or in partthe Corporation's application, and that no undue hardship is causedthereby,

and upon deposit of the plan or plans in the land titles office for the NewWestminster Land Titles District, the Corporation shall in respect to the landsshown on the plan be entitled to,

(c) in the case of land to be used for the utilities, the rights set forth in Part I ofthe Schedule hereto; and

(d) in the case of land required for access to and from the utilities, the rightsset forth in Part II of the Schedule hereto,

as if the said rights had been granted to the Corporation by the owner or ownersof the said lands and by all interests save and except the Crown and uponcompliance with the provisions of the Land Titles Act the Registrar of the saidland titles district shall register the said rights against the said lands as a chargeby way of right-of-way without any further grant or instrument or the productionof the duplicate certificate of title to the said lands.

(7) The determination and definition of any lands by the Council as aforesaid shall beconclusive and binding on all persons except the Crown owning or having aninterest in the lands and upon registration of the said rights the same shall takepriority over all other interest and charges registered against the lands exceptthose registered in the Crown.

(8) For the purpose of this section, the words "public utility" and "utility," or theplural thereof, includes, without limiting the generality thereof, sewers andsewerage.

(9) Nothing in this Act shall be deemed to limit the right of the Corporation, pursuantto the expropriation provisions of the Municipal Act, to acquire any interest inland which it otherwise would have had the right to acquire were it not for theenactment of this section.

(10) The Corporation shall not be required to make or pay any compensation for or inrespect to the rights acquired under this section or anything done thereunderexcept the actual cost of repairing, replacing, or relocating any fence, building,shrub, garden plant, or other improvement which may be damaged, destroyed, ormoved by the Corporation in the exercise of any rights acquired by it under thissection.

(11) The owner or owners of the lands, on, over, or under which the Corporation shallhave acquired any rights under this section shall not do or permit to be done on



the said lands any of the acts, deeds, or things set forth in Part III of the Schedulehereto, and the Corporation shall observe and perform and shall cause to beobserved and performed the conditions, stipulations, and things set forth in PartIV of the Schedule hereto.

(12) The Lieutenant-Governor in Council may by Order in Council make rules andregulations not inconsistent wth this section in respect to the aforesaid plan orplans and other matters contained in subsections (1), (10), and (11).

Schedule

Part I – Rights on, over, or under Lands to Be Used for the Utilities

For the Corporation by its servants, agents, licensees, and workmen to enter and re-enter upon thesaid lands and to cut down, trim, and remove trees, shrubs, plants, fences, buildings, and otherimprovements and things growing, placed, constructed, or otherwise upon the said lands and toconstruct, repair, replace, maintain, and keep up sewers, drains, water and gas mains, electric,communication, and telephone lines, and other public utilities, and all works and things required inconnection therewith.

Part II – Rights on, over, or under Lands Required for Access to the Utilities

For the Corporation by its servants, agents, licensees, or workmen to enter and re-enter and pass andrepass on and over the said lands with or without vehicles, machinery, instruments, and tools for thepurpose of exercising the rights set forth in Part I of this Schedule.

Part III – Acts Not to Be Done by the Owners

The owners shall not build, erect, or place upon the said lands anything that will interfere with therights of the Corporation on, over, or under the said lands, or any works, vehicles, equipment,instruments, tools, or utilities taken, placed, left, or constructed upon the said lands.

Part IV – Conditions and Stipulations to Be Performed and Observed by the Corporation

The Corporation shall not unnecessarily damage, remove, or destroy any tree, shrub, plant, fence,building, improvement, or other thing upon the said lands, and will erect and maintain propersafeguards about its works and will remove all rubbish and debris from the said lands as soon aspossible.

1967-30-2; 1977-53-1; 1978-25-332 to 334.



Sparwood

Letters Patent

101. The Letters Patent of the District of Sparwood issued the 12th day of May, 1966,pursuant to Order in Council 1439/66 and the supplementary Letters Patent issuedthe 6th day of October, 1966, pursuant to Order in Council 2964/66, areconfirmed and validated.

1967-30-2.

Qualification for office

101.A Notwithstanding any provision of the Municipal Act, a person who owned realproperty which has been acquired from him by the Regional District of EastKootenay for purposes of the urban renewal scheme pursuant to the Agreementdated the twenty-sixth day of April, 1967, between Central Mortgage andHousing Corporation and the regional district, is qualified to be nominated,elected, and to hold office as a member of the council of the District of Sparwoodso long as he remains in occupation of the property so acquired, provided that heis otherwise qualified.

1968-35-2.



Vanderhoof

Statutory dates

102. Notwithstanding the non-conformity with statutory dates, "The VanderhoofBudget By-law No. 263, 1966" is declared valid.

1967-30-2.



Water Districts

Fluoridation

103. (1) For the purposes of this section, " water district " means any of the corporationsof the Greater Vancouver Water District, the Greater Victoria Water District, theGreater Nanaimo Water District, the Greater Campbell River Water Districtconstituted respectively under the Statutes of the Province and any regionaldistrict empowered pursuant to the Municipal Act to supply water in bulk to itsmember municipalities.

(2) Notwithstanding the provisions of the Municipal Act or this or any other Act, butnot in any way limiting the powers granted under any such Act, a water districtmay undertake the fluoridation of its water supply subject to the conditions hereincontained.

(3) A water district shall not fluoridate its water supply unless and until

(a) the Board of the water district has determined by resolution that thefollowing question shall be submitted to the electors of all its membermunicipalities together with the electors, within the meaning of the PublicSchools Act, of areas in unorganized territory required by law or contract tobe directly furnished with a supply of water by the water district: "Are youin favour of the fluoridation of the water supply of the [insert name ofwater district]? ";

(b) the total number of votes cast in favour of the question in all membermunicipalities and areas referred to in clause (a) combined is equal tothree-fifths of the total number of votes cast by valid ballot; and

(c) the Board of the water district has finally passed or adopted a by-lawauthorizing the fluoridation of the water supply of the water district.

(4) Where the Board of the water district has determined that the question should besubmitted to the electors under clause (a) of subsection (3) :(a) The Secretary of the water district shall forthwith transmit a certified copy

of the resolution comprising such determination to the Clerk of each of themember municipalities of the water district; and in the case where thewater district directly furnishes water to an area in unorganized territory asaforesaid, to the secretary-treasurer of the school district in which such arealies:

(b) The Clerk, or the secretary-treasurer of the school district, as the case maybe, shall forthwith report the terms of the resolution to the Council or theBoard of School Trustees, as the case may be:

(c) The Council or the Board of School Trustees, as the case may be, shallprovide and arrange for the submission of the question at the next generalelection in the year in which all member municipalities are required to holdgeneral elections, provided, however, with the concurrence of all membermunicipalities the said question may be submitted at any time:

(d) (d) Except as otherwise provided herein, the provisions of the MunicipalAct, the Vancouver Charter, or the Public Schools Act, as the case may be,with respect to submissions of questions to the electors, shall apply mutatismutandis to the submission of the question:

(e) Notwithstanding anything contained in any Act, no Returning Officer orother person shall proclaim or publicly or otherwise declare or divulge the



result of the submission of the question until he has been advised by theSecretary of the water district that voting has been completed in allmember municipalities and in all areas aforesaid.

1967-30-2.

Service beyond boundaries

103.A Notwithstanding any provision of the Municipal Act or the Water Act, theCampbell River Fire Protection District is empowered to enter into agreements,with the approval of the Inspector of Municipalities, to provide fire-protectionservices to properties situate outside the boundaries of the district.

1968-35-2.

Parks

104. Notwithstanding section 112 (1) of the Land Registry Act, those certain pieces ortracts of land more particularly hereinafter described and numbered (i) to (viii)respectively, and which are shown as parks on subdivision plans deposited in theLand Registry Office in the City of Vancouver, are hereby freed and dischargedof and from any easement or the right of any person to keep open, use, or enjoythe same; and the Registrar of Titles may, upon the production of a copy of thisAct and upon compliance with the Land Registry Act, issue to the City ofVancouver certificates of indefeasible title to the said lands free from the purposeor object indicated or to be inferred from the words and markings on the plans,but subject to the exceptions and reservations contained in the original grant fromthe Crown and subject to the rights (if any) that any abutting owner may have tothe coal, petroleum. fire-clay, and natural gas, by virtue of section 112 (2) of theLand Registry Act:(a) A park deemed dedicated by Plan 8393, deposited in the Land Registry

Office in the City of Vancouver, situated at the intersection of BalmoralStreet and Argyle Drive, adjacent to Lots 3 to 7, Block 2, District Lot 735(Fraserview):

(b) A park deemed dedicated by Plan 8393, deposited in the Land RegistryOffice in the City of Vancouver, situated at the south side of Argyle Drive,west of Victoria Drive, adjacent to Lot 1, Block 3, District Lots 728 and735 and Lots 9 to 13, Block 3, District Lot 728 (all in Fraserview):

(c) A park deemed dedicated by Plan 8393, deposited in the Land RegistryOffice in the City of Vancouver, situated at the intersection of ArgyleDrive and Nassau Drive, adjacent to Parcel A, Block 3, District Lot 728(Fraserview), according to Explanatory Plan 5085 deposited:

(d) A park deemed dedicated by Plan 8393, deposited in the Land RegistryOffice in the City of Vancouver, situated at the intersection of 57th Avenueand Argyle Drive, adjacent to Lots 10 and 11, Block 4, District Lot 728(Fraserview):

(e) A park deemed dedicated by Plan 8363, deposited in the Land RegistryOffice in the City of Vancouver, situated at the inter-section of 63rdAvenue and Jasper Crescent, adjacent to Lot 13, Block 17, District Lot 328(Fraserview):

(f) A park deemed dedicated by Plan 8574, situated at the inter-section ofVictoria Drive and Harrison Drive, adjacent to Lots 1 to 3, Block 23,District Lot 328 (Fraserview):



(g) A park deemed dedicated by Plan 8574, deposited in the Land RegistryOffice in the City of Vancouver, situated on the south side of AncasterCrescent, east of Fraserview Drive, adjacent to Lot 16, Block 32, DistrictLots 258 and 332 and Lot 17, Block 32, District Lot 323 (all inFraserview):

(h) A park deemed dedicated by Plan 8574, situated on the north side ofAncaster Crescent, east of Fraserview Drive, adjacent to Lots 1 to 6, Block35, District Lot 332 (Fraserview).

1967-30-2.

Repealed

105. Repealed. [1994-52-118]



City of Vancouver


106. The City of Vancouver may convey or surrender to the Crown in right of theProvince, free of any trust attaching thereto, the lands comprising Blocks A and Bof Lot 90, Hastings Townsite, Suburban Lands in the District of NewWestminster, which comprise 0.517 acre and are shown on Plan 15, Tube 835, onfile in the Ministry of Lands, Parks and Housing; and on their being so conveyedor surrendered the said lands shall vest in the Crown, and the Crown may disposethereof free and discharged from any trust or other obligation, and the Registrarof Titles shall, upon production of a copy of this Act and compliance with theLand Titles Act, amend his registers and records accordingly.

1968-35-2; 1977-75-64; 1978-25-332; 1979-20-14.



Central Kootenay

Letters Patent

107. The supplementary Letters Patent of the Regional District of Central Kootenay,issued the eighth day of March, 1968, pursuant to Order in Council No. 751/68,are hereby confirmed and validated, and are deemed to have come into force andeffect on the thirteenth day of June, 1966.

1968-35-2.

Budget

108. Notwithstanding the provisions of section 782 of the Municipal Act, theapportionment of costs to the member municipalities provided for and containedin the budget by-law of the Regional District of Central Kootenay registered withthe Inspector of Municipalities on the twenty-ninth day of February, 1968, withsuch modifications as may be made by the application of any surplus or deficit ofthe previous year for any particular function, is declared valid and binding for thepurposes of section 784 of the said Act for the amounts to be requisitioned fromthe member municipalities in and for the year 1968.

1968-35-2.



Comox-Strathcona


109. The supplementary Letters Patent of the Regional District of Comox Valley (nowknown as the "Regional District of Comox-Strathcona") issued the twenty-eighthday of June, 1967, pursuant to Order in Council No. 2113/67, are confirmed andvalidated as and from that date.

1968-35-2.



East Kootenay

Effective date

110. The supplementary Letters Patent issued the thirtieth day of January, 1968,pursuant to Order in Council No. 293/68, are deemed to have been effective onand from the first day of January, 1968.

1968-35-2.



Fraser-Burrard

Financing

111. (1) For the purposes of this section, "district" means the Greater Vancouver WaterDistrict or the Greater Vancouver Sewerage and Drainage District.

(2) The Regional District of Fraser-Burrard may finance, at the request and sole costof a district, any undertaking or purpose for which the Administration Board ofthe district has adopted a borrowing by-law in accordance with the provisions ofthe Statute under which it is constituted.

(3) Subsections (2) and (3) of section 787 of the Municipal Act apply as if the districtwere a member municipality.

1968-35-2.



Gibsons

Change of name

112. With effect from the date this Act comes into force and effect, "The Corporationof the Village of Gibsons Landing" shall be called and known by the name andstyle of the "Village of Gibsons" and the Letters Patent of the village are deemedto have been amended accordingly.

1968-35-2.



Greater Nanaimo Sewerage and Drainage District

Membership

113. (1) For the purposes of this section, this Act and any regulation passed under this Actshall, unless the context otherwise requires, be read in conjunction with and beconsidered an extension of the Greater Nanaimo Sewerage and Drainage Act.

(2) The North Wellington Waterworks District is a member of the Greater NanaimoSewerage and Drainage District and is deemed to have been a member on andfrom the first day of January, 1967.

1968-35-2.



Midway

Vehicle licences

114. Notwithstanding the provisions of section 458c of the Municipal Act, By-law No.3 of the Village of Midway, cited as "Commercial Vehicle Licensing By-law No.3," is deemed to have been adopted on or before the thirtieth day of September,1967, and all licences issued and fees charged thereunder are deemed to be valid.

1968-35-2.



Okanagan-Similkameen


115. The supplementary Letters Patent of the Regional District ofOkanagan-Similkameen issued the second day of May, 1967, pursuant to Order inCouncil No. 1454/67, are confirmed and validated as and from that date.

1968-35-2.

Payment for services

116. Notwithstanding any provision of the Municipal Act or of the Letters Patent orsupplementary Letters Patent of the Regional District of Okanagan-Similkameen,the expenditure of the sum of four thousand one hundred and seventy-one dollarsand forty cents for professional services rendered by Alan W. Gray, architect, isdeemed to have been valid and within the powers of the regional district, and thesaid amount shall be apportioned between Electoral Area A and The Corporationof the Village of Osoyoos on the basis of assessment as fixed for taxation forschool purposes for the year 1968 (excluding property taxable for schoolpurposes only by special Act).

1968-35-2.



Peace River

Election

117. Notwithstanding failure to comply with statutory dates, the nomination andelection of the Director for Electoral Area A of the Peace River Regional Districtin the year 1967 is valid, and the Director is deemed to have held office on andfrom the date of his swearing in.

1968-35-2.



South Fort George

Incorporation date

118. For the purposes of assessment and taxation of real property, the Village of SouthFort George is deemed to have been incorporated on and from the thirty-first dayof December, 1967.

1968-35-2.



Thompson-Nicola

Meeting of Board

119. The meeting of the Regional Board of the Regional District of Thompson-Nicolaheld on the twenty-fourth day of November, 1967, is deemed to have been alegally constituted meeting of the Board notwithstanding that the Letters Patentincorporating the regional district were not issued until the twenty-eighth day ofNovember, 1967.

1968-35-2.



New Westminister

By-law

120. By-law No. 4287 of the Corporation of the City of New Westminster, cited as"Justice Building Construction By-law, 1968," as passed third reading theeleventh day of March, 1968, is declared to be within the powers of Council ofthe city and if adopted shall not be amended or repealed except with the approvalof the Minister

1968-35-2.



View Royal Fire Protection District

Sewer study

121. Notwithstanding any provision of the Letters Patent incorporating the ViewRoyal Fire Protection District, the Trustees of the district are empowered toexpend a sum not exceeding three thousand dollars for the purposes of apreliminary sewerage study for the district. The amount required for suchexpenditure may be advanced from the Consolidated Revenue Fund as if it were arequisition in the year 1968 for the provision of fire protection and recovered bytaxation in the year 1969 in accordance with the provisions of the Water Act.

1968-35-2.



Columbia-Shuswap


122. Notwithstanding any provision of section 766 of the Municipal Act, theLieutenant-Governor in Council may, upon the recommendation of the Minister,by supplementary Letters Patent amend section 3 of the supplementary LettersPatent issued in respect of the Regional District of Columbia-Shuswap thethirteenth day of June, 1966, pursuant to Order in Council No. 1775/66, toprovide that a defined area or areas in Electoral Area A shall share the cost of thefunction with the Village of Golden.

1968-35-2.



Greater Vancouver Water District

Agreement with City of Vancouver

123. (1) For the purposes of this section, this Act and any regulation passed under thisAct, unless the context otherwise requires, shall be read in conjunction with andconsidered an extension of the Greater Vancouver Water District Act.

(2) Notwithstanding the provisions of the Vancouver Charter or the GreaterVancouver Water District Act, the proposed Agreement between the City ofVancouver and the Greater Vancouver Water District, which has been executedby the city and which, on the 13th day of October, 1967, the Board of the waterdistrict resolved to execute, is, on its execution by the Greater Vancouver WaterDistrict, valid and binding on the city and the water district and the said parties tothe Agreement may carry out and give full force and effect to every covenant,agreement, stipulation, and provision of the Agreement according to the termsthereof.

1968-35-2.



Regional Districts

Repealed

124. Repealed. [1993-54-85]

Validation budget and rates by-laws

125. Notwithstanding that-the provisions of the Municipal Act were not complied with,the following by-laws are declared valid and effectual from the respective datesof adoption: The Corporation of the Village of Hazelton cited as "Tax RatesBy-law No. 71, 1968"; The Corporation of the Village of Hazelton cited as"Annual Budget By-law, 1968"; District of Hudson's Hope cited as "AnnualBudget By-law No. 70, 1968"; District of Hudson's Hope cited as "Rates By-lawNo. 71, 1968"; District of Mackenzie cited as "Annual Budget By-law, 1968";District of Mackenzie cited as "Rates By-law, 1968."

1969-23-2.

Letters Patent

126. Notwithstanding the provisions of the Municipal Act, the following Letters Patentor supplementary Letters Patent and the Orders in Council authorizing their issueare confirmed and validated as from the respective dates of issue:

Date of IssueOrder inCouncil

Letters Patent

District of Houston January 31, 1969 279/69

City of Kimberley October 29, 1968 3364/68

District of Stewart June 27, 1968 2044/68


Regional District ofCentral Kootenay

December 3, 1968 3828/68

Regional District ofEast Kootenay

November 6, 1968 3467/68

Regional District ofEast Kootenay

January 21, 1969 3828/68

District of Gold River November 20, 1968 3607/68

Greater VancouverRegional District

July 30, 1968 2429/68

1969-23-2.

By-law funds



127. (1) Notwithstanding section 283 of the Municipal Act, the Council may, by by-law,with the approval of the Inspector of Municipalities, place any unexpendedbalance of moneys borrowed for hospital purposes in any fund established underPart VII of the Municipal Act.

(2) The Council may, by by-law, with the approval of the Inspector of Municipalities,place moneys received from a regional hospital district for repayment of grantsmade by the municipality for hospital purposes, other than from funds raised bythe borrowing of money, in any fund established under Part VII of the MunicipalAct.

(3) Where moneys are expended from a reserve fund established pursuant tosubsection (1) or (2), the Council may, by by-law, provide that such moneys berepaid with or without interest to the fund in accordance with the terms set out inthe by-law.

1969-23-2.

Tax penalty date

128. Where a penalty date established by by-law under section 384 of the MunicipalAct fell within the period of the postal strike in 1968, or where it was anticipatedthat the penalty date would fall within such period, any action taken by a Councilto advance the penalty date to later date shall be deemed to be a valid amendmentof the by-law for the year 1968 only.

1969-23-2.

Repealed

129. Repealed. [1993-54-85]



Borrowing By-laws

Transitional

130. (1) Notwithstanding the repeal of section 279 of the Municipal Act by section 85 ofthe Municipal ( Amendment) Act, 1968, the provisions of section 279 of theMunicipal Act remain in force and effect with respect to any by-law authorizingthe borrowing of money which was adopted prior to the coming into force andeffect of section 85

(2) Notwithstanding section 264A of the Municipal Act, a borrowing by-law, adoptedunder section 257A of the Municipal Act prior to the repeal of that section by theMunicipal (Amendment) Act, 1968, that provides for the issuance of two or moreseparate series of debentures and has no provision for a specified rate of interestis deemed to be a loan authorization by-law adopted under section 248 of the Actin accordance with the formalities and restrictions contained in the Act and maybe included in a security-issuing by-law under section 251 of the Act for anyportion of the borrowing authorized under the by-law for which no debentureshave been issued.

1969-23-2.



Regional Districts

Transfer of Regional Planning Boards

131. (1) Where a Regional Planning Board was established under section 720 of theMunicipal Act, the Lieutenant-Governor in Council may, by supplementaryLetters Patent, declare the provisions of sections 795 to 798D of the MunicipalAct to apply to the regional districts within the regional planning area, and theprovisions of subsections (3) and (4) of section 766 of the Municipal Act do notapply.

(2) This section is retroactive to the extent necessary to give force and effect to theprovisions on and from the first day of December, 1968.

1969-23-2.



Regional District of the Capital of British Columbia

Repealed

132. Repealed. [1970-34-2]



Coquitlam

Utilities

133. The provisions of section 10o apply to The Corporation of the District ofCoquitlam.

1969-23-2.



Duncan and New Westminster

Sidewalk canopies

134. The provisions of section 75B apply to The Corporation of the City of NewWestminster and The Corporation of the City of Duncan.

1969-23-2.



Fraser Mills-Coquitlam

Provision for amalgamation

135. (1) The Councils of The Corporation of the District of Coquitlam and TheCorporation of the District of Fraser Mills shall jointly cause a study to be madeof the effect on the respective municipalities, and on specific groups within themunicipalities, of a proposed amalgamation of the two municipalities.

(2) Upon receiving the information resulting from the study, the Councils shallnegotiate the terms and conditions of the proposed amalgamation.

(3) On or before the thirtieth day of September, 1969, the Councils shall report to theMinister the result of the negotiations and terms and conditions upon which theyhave agreed

(4) Notwithstanding the Municipal Act or any other Act, if the two Councils requestan amalgamation of the two municipalities in accordance with the terms andconditions referred to in subsection (3), upon the recommendation of theMinister, the Lieutenant-Governor in Council may accept the surrender of theLetters Patent of the two municipalities and may issue Letters Patentincorporating the new municipality and may include in the Letters Patent theterms and conditions agreed to by the two Councils and may include directions onany of the matters referred to in section 12 of the Municipal Act and such otherprovisions as the Lieutenant-Governor in Council may deem proper or necessary.

1969-23-2.



Kamloops

Agreement

136. (1) The Agreement dated the eighth day of September, 1968, between the Council ofthe Kamloops Band of Indians of the Kamloops Indian Reserve No. 1 and theCouncil of the City of Kamloops, whereby it was agreed that a portion of theKamloops Indian Reserve No. 1 will be incorporated within the boundaries of theCity of Kamloops, is declared to be valid and within the powers of the Council ofthe city; and in the event that the boundaries of the city are so extended, theCouncil of the city shall have all the powers necessary to fulfil its obligationsunder the Agreement.

(2) In the event that the Lieutenant-Governor in Council receives a petition pursuantto paragraph 5 of the said Agreement, the Lieutenant-Governor in Council may,upon the recommendation of the Minister, issue supplementary Letters Patentexcluding the portion of the Indian reserve from the municipality.

1969-23-2.



Nanaimo

Lease

137. (1) Notwithstanding the terms and conditions contained in a deed of land registeredin the Land Titles Office at Victoria, in British Columbia, under D.D. 14817N, orany provision of the Municipal Act or any other Act, or any rule of law or equityto the contrary, the Council of The Corporation of the City of Nanaimo may, byby-law, and with the assent of the owner-electors of the City of Nanaimo, demiseand lease to the Nanaimo Curling Club a portion, to be described in the by-law, ofthe following real property: That part of Section One (1), Nanaimo District, lyingsouth and east of the Millstone River, north of the Comox Road, and west of theright-of-way of the Esquimalt and Nanaimo Railway, and of parcel registeredunder No. 16813c; except Parcel X (D.D. 661N) of said section, containing five(5) acres, more or less, and except Machleary Street and Weakesiah Avenue. Theland hereby registered, including said street and avenue, contains eighty-nine andfour-tenths (89.4) acres, more or less, as shown outlined in red on explanatoryplan deposited under D.D. 14817N,—for a term not exceeding twenty years, andupon such terms and conditions as may be agreed upon between the Council andthe Nanaimo Curling Club.

(2) The Registrar of Titles of the Victoria Land Titles District may accept forregistration, free from any condition or trust contained in D.D. 14817N, any suchlease.

1969-23-2; 1978-25-333, 334.



Okanagan Basin Water Board

Provision for joint board

138. (1) The Lieutenant-Governor in Council may, upon the recommendation of theMinister, issue supplementary Letters Patent to the Regional Districts ofOkanagan-Similkameen, Central Okanagan, North Okanagan, andColumbia-Shuswap, or any of them, providing that such regional district isempowered to participate with any other regional district in the establishment andoperation of a board to be known as the "Okanagan Basin Water Board" (referredto as the "Water Board"), and the provisions of subsection (4) of section 766 ofthe Municipal Act do not apply to supplementary Letters Patent issued pursuant tothis section.

(2) The supplementary Letters Patent issued pursuant to this section shall set out

(a) the member municipalities of the regional districts participating in theWater Board;

(b) the objects and purposes of the Water Board;

(c) the basis for sharing cost of the Water Board between the regional districts;

(d) the basis of sharing the portion of the cost of the regional district betweenits participating member municipalities;

(e) a limitation of the cost of the function of the Water Board;

(f) the representation of the regional district on the Water Board; and

(g) such other provisions and conditions as the Lieutenant-Governor inCouncil may deem proper and necessary.

1969-23-2.



Saanich

Land assembly and development

139. (1) The Council of The Corporation of the District of Saanich may acquire anddevelop any property within the areas shown outlined in red on a plan entitled"Colquitz Basin Land Assembly and Development Plan," dated the twelfth day ofFebruary, 1969, signed by the Municipal Clerk of The Corporation of the Districtof Saanich, and filed in the Land Titles Office, Victoria, under D.F. 111724, formunicipal, public, residential, agricultural, commercial, or industrial use, or anycombination of those uses, and provide such works and services as are deemednecessary or beneficial to the development of the area.

(2) Subsections (2) and (3) of section 465 of the Municipal Act apply, with thenecessary changes and so far as is applicable, to the acquisition and developmentof property under this section.

(3) Notwithstanding section 253 of the Municipal Act, the Council of TheCorporation of the District of Saanich may borrow, without the assent of theowner-electors, a sum not exceeding one million dollars for the purposes ofsubsection (1).

(4) The powers conferred on the Council of The Corporation of the District ofSaanich by this section extend to all of the properties referred to in subsection (1),whether such properties lie within or without the Municipality of Saanich.

(5) The Council of The Corporation of the District of Saanich may, by by-law,regulate or prohibit the filling of any of the properties in the areas referred to insubsection (1) which, in the opinion of Council, would interfere with any of thepurposes of subsection (1).

1969-23-2; 1978-25-334.



Surrey-White Rock

Boundary study

140. (1) The Minister may appoint a Commissioner to inquire into the effect of a proposedchange in the boundaries between The Corporation of the District of Surrey andThe Corporation of the City of White Rock.

(2) The Commissioner is authorized and empowered to undertake the study inaccordance with the following terms of reference:(a) The portion of the District of Surrey that is to be the subject of inquiry by

the Commissioner is all that portion of the district which lies south andwest of the centre line of the Nicomekl River and Highway No. 499:

(b) The Commissioner shall determine the assets and liabilities of the Districtof Surrey as of the thirty-first day of December, 1968, and the proportionof those assets and liabilities applicable to that portion of the districtreferred to in clause (a); and, for this purpose, the Commissioner shall givedue regard to the current market values and not to the book values:

(c) The Commissioner shall, in so far as it is possible, evaluate and report onthe effect that any adjustment of boundaries, with its consequentreallocation of assets and liabilities, might have on the remainder of theDistrict of Surrey, the portion of the district referred to in clause (a), and onthe City of White Rock:

(d) The Commissioner shall, in so far as it is possible, evaluate and report onthe effect that any adjustment of boundaries might have on the servicesprovided to the portion of the district referred to in clause (a) and theremainder of the district; and, for this purpose, shall consider water supplyand distribution, streets and roads, parks, drainage, dyking, and beachprotection, and the provision of sanitary sewer service for the portion of thedistrict referred to in clause (a):

(e) The Commissioner shall determine, for the year 1968, the amounts andsources of all revenue and expenditures of the District of Surreyattributable to the portion of the district referred to in clause (a):

(f) The Commissioner shall determine the share of the total bondedindebtedness of the District of Surrey and of the City of White Rock thatthe portion of the district referred to in clause (a) would be required toshare:

(g) The Commissioner shall determine the effect that the reallocation ofbonded debt would have on the borrowing powers of the remainder of theDistrict of Surrey and the enlarged City of White Rock:

(h) The Commissioner shall not, during the investigation or in the report,indicate the desirability or otherwise of any proposed boundary adjustment:

(i) The Commissioner shall complete his investigation and report withoutundue delay and, in any case, within a period of six months from the dateof his appointment or such further period as the Minister of MunicipalAffairs and Housing, in his discretion, may decide:

(j) The Commissioner shall report his findings to the Minister of MunicipalAffairs and Housing and concurrently forward a copy of his report to theDistrict of Surrey and to the City of White Rock, and the content of thereport shall not be disclosed by the Commissioner to any other party:



(k) The Commissioner shall have the powers granted a Commissioner underthe provisions of the Public Inquiries Act.

1969-23-2; 1977-75-7.



Vancouver

Moneys in lieu of taxes

141. (1) For the purposes of this section,

"demised lands " means all those portions of the subject lands which on the date thesubject lands are conveyed to the city are held under lease, together with theimprovements and chattels thereon;"lessee" " means lessee of any of the demised lands;

"subject lands" means all the land, including improvements, fixtures, and chattelsthereon, shown outlined in red on a plan entitled " False Creek Land to Be Conveyed tothe City of Vancouver," dated the twelfth day of March, 1969, and signed by the DeputyMinister of Lands and the City Clerk of the City of Vancouver, which plan is on file inthe Ministry of Lands, Parks and Housing under Plan No. 18, Tube No. 897.(2) If at any time after the subject lands have been conveyed to the City of

Vancouver, any of the demised lands are in whole or in part exempt from taxationunder the Vancouver Charter or the Public Schools Act, then every lessee ofdemised lands so exempt shall pay to the City of Vancouver, in a like manner andtime as taxes would have been payable, an amount of money equal to the amountthat but for such exemption would have been payable.

(3) For the purposes of determining the amount of money that but for an exemptionwould have been payable, the Assessment Commissioner of the City ofVancouver shall in each year assess separately the lands demised by each lease.

(4) Every lessee has the right to appeal the assessment on his demised lands, and forthis purpose the provisions of the Vancouver Charter and the AssessmentEqualization Act relating to appeals shall apply mutatis mutandis.

(5) The provisions of the Vancouver Charter relating to the collection ofreal-property taxes from the occupiers of Crown lands shall apply, mutatismutandis, to the collection of all moneys made payable by subsection (2) of thissection.

1969-23-2; 1977-75-64; 1979-20-14.

Repealed

142. Repealed. [1971-40-3]



Victoria

Debenture issue

143. Notwithstanding anything contained in the Municipal Act but subject to theVictoria City Debt Refunding Acts of 1937 and 1944, the Council of TheCorporation of the City of Victoria may provide in any security-issuing by-lawadopted under the authority of By-law No. 5480, being a by-law of theCorporation cited as the "Capital Budget Borrowing Submission By-law, 1964,"or under the authority of any comprehensive loan authorization by-law hereafteradopted by the Council pursuant to section 253A of the Municipal Act, for theissuance of debentures pursuant to the terms and conditions of which paymentsby way of interest on principal are to be made semi-annually or annually, andpayments in repayment of principal are to be made on the maturity thereof on adate to be fixed by the by-law, but the date shall not be later than ten years afterthe date of adoption of the by-law or the approval by the Lieutenant-Governor inCouncil, whichever is later.

1969-23-2.



Greater Vancouver Regional District

By-law No. 8

144. (1) By-law No. 8 of the Greater Vancouver Regional District is declared to be in allrespects valid and effectual, and the by-laws of the member municipalities,including that of the Greater Vancouver Sewerage and Drainage District referredto therein, are declared in all respects valid and effectual and, for the purposes ofsuch By-law No. 8, By-law No. 1317 of The Corporation of the District ofCoquitlam, By-law No. 3652 of The Corporation of the City of North Vancouver,By-law No. 3150 of The Corporation of the District of North Vancouver, and theby-laws of The Corporation of Delta referred to in By-law No. 8 aresecurity-issuing by-laws.

(2) The Greater Vancouver Regional District is hereby empowered to raise all or partof the moneys authorized to be borrowed under By-law No. 8 in dollars of theUnited States of America; but the total amount raised under the said by-law shallbe approximately equal in Canadian funds to the amount authorized by theby-law, and the surplus accruing, or the loss suffered, resulting from anyfluctuation of the value of the United States dollar in relation to the Canadiandollar shall be borne by, or be to the credit of, the member municipalities.

1969-23-2.



Campbell River Fire Protection District

Transfer of title

145. (1) Notwithstanding any provision of the Municipal Act or any other Act, upon therecommendation of the Minister, the Lieutenant-Governor in Council mayprovide for the transfer of title to land and improvements in use, in whole or inpart, for fire-protection purposes by Willow Point Waterworks District toCampbell River Fire Protection District on such terms and conditions as aredeemed advisable; but the value of the land and improvements shall be currentactual value as determined by the Provincial Assessor.

(2) The Campbell River Fire Protection District shall assume and pay any debtobligations outstanding in respect of the land and improvements, and shall repay,by ten equal instalments commencing on the first day of April, 1970, an amountof money that is the difference between the current actual value of the land andimprovements and the amount of the debt obligations outstanding at the date oftransfer of title.

(3) From and after the date of the transfer of title, the Willow Point WaterworksDistrict is entitled to a lease of that portion of the land and improvements inactual use for waterworks purposes as at the thirty-first day of December, 1968,for a period of five years commencing on the first day of the month nextfollowing the date of transfer, at a monthly rental, including the supply of lightand heat, of twenty-five dollars, payable to the Campbell River Fire ProtectionDistrict.

(4) Any annual expenditures required to be made by Campbell River Fire ProtectionDistrict under this section shall be deemed to be operating expenses of thedistrict.

(5) This section comes into force on a date to be fixed by the Lieutenant-Governor byhis Proclamation.

Enacted, 1969-23-2, to be proclaimed.



Lower Mainland Regional Planning Board

Confirms Orders in Council

146. (1) Orders in Council Nos. 4116/68 and 837/69, and the regulations made thereunder,and the supplementary Letters Patent issued pursuant to Order in Council No.4116/68 are confirmed and validated on and from the date of their approval.

(2) For the purpose of effecting the winding-up of the affairs of the Lower MainlandRegional Planning Board, the Lieutenant-Governor in Council may make suchfurther regulations as are considered necessary or advisable, and such regulationsshall have the same force and effect as if enacted by this Act.

1969-23-2.



By-laws

Validates by-laws

147. Notwithstanding that the statutory adoption dates were not complied with, thefollowing by-laws are declared valid and effectual from the respective dates ofadoption: The Corporation of the Village of Ashcroft "Tax Rates By-law No. 137,1969"; The Corporation of the Village of Ashcroft "Annual Budget By-law,1969"; Village of Chase "Annual Budget By-law, 1969"; Regional District ofDewdney-Alouette "Annual Budget By-law No. 5, 1969"; The Corporation of theVillage of Hazelton "Annual Budget By-law, 1969"; The Coroporation of theVillage of Hazelton" Tax Rates By-law No. 77, 1969 "; District of Mackenzie "Rates By-law, 1969 "; Powell River Regional District "Annual Budget By-law,1969"; Village of Sayward "Tax Rates By-law No. 13, 1969"; Village ofSayward" Village of Sayward Budget By-law No. 15, 1969"; Village ofValleyview" Commercial Vehicle Licensing By-law ".

1970-34-3.



Capital Programmes

Validates by-law

148. A by-law adopting a capital expenditure programme pursuant to section 199A ofthe Municipal Act during the year 1970 is declared valid and effectual,notwithstanding that such by-law was adopted after the fifteenth day of May,1970.

1970-34-3; 1971-40-4.



Campbell River

Amends by-law

149. In clause (b) of section 2 of the District of Campbell River by-law cited as "TheBusiness Tax By-law No. 386, 1968", for the words, "four per centum (4%)" shallbe read the words, "four-tenths of one per centum (4/10% )", from the date of itsadoption.

1970-34-3.



Campbell River Fire Protection District

Approval

150. Notwithstanding any provision of an agreement entered into between the WillowPoint Waterworks District and Campbell River Fire Protection District pursuantto By-law No. 40 of the fire protection district, the location of the fire hallreferred to in the agreement shall be at such location as may be approved by thefire commissioner.

1970-34-3; 1978-22-9.



Courtenay

Validates by-law

151. The Corporation of the City of Courtenay By-law No. 1009, cited as "CivicSquare Parking Lot and Theatre Arts Complex Loan Authorization By-law No.1009, 1970", is declared valid and effectual from the date of its adoption.

1970-34-3.



Duncan

Validates agreement

152. The Corporation of the City of Duncan shall be deemed to have had, and has, fullpower and authority to enter into an agreement for purchase and sale of the waterutility system of the Eagle Heights Waterworks District substantially in the formof agreement deposited in the office of the Inspector of Municipalities on thenineteenth day of February, 1970.

1970-34-3.



Hudson's Hope

Reduction in area

153. Notwithstanding the provisions of Part I of the Municipal Act, theLieutenant-Governor in Council may, upon the recommendation of the Minister,by supplementary Letters Patent, reduce the area of the District of Hudson's Hopeso that the area excluded by such reduction reverts to unorganized territory, andhe may in the supplementary Letters Patent change the status of the district to avillage and impose such conditions as he considers proper.

1970-34-3.



100 Mile House

Validates by-law

154. Village of 100 Mile House "Council Indemnity By-law Amendment By-law No.89" is declared valid and effectual from the first day of January, 1969.

1970-34-3.



Kitimat

Provision to change corporate name

155. Upon the request of the Council and the recommendation of the Minister, theLieutenant-Governor in Council may, by supplementary Letters Patent, changethe name of The Corporation of the District of Kitimat.

1970-34-3.



Matsqui, Sumas, Abbotsford

Sewers

156. (1) This section comes into force on a date that the Central Fraser Valley RegionalDistrict is granted, under Part XXIV of the Municipal Act and the supplementaryLetters Patent thereunder, the function of trunk sewers and sewage disposal toserve The Corporation of the Village of Abbotsford, The Corporation of theDistrict of Matsqui, and The Corporation of the District of Sumas, or partsthereof.

(2) The Councils of The Corporation of the Village of Abbotsford, The Corporationof the District of Matsqui, and The Corporation of the District of Abbotsfordmay, by by-law, provide that all or part of the amount required to meet the annualrequisition of the regional district, for the function referred to in subsection (1),shall be borne by the owners of real property within the area designated in thesupplementary Letters Patent of the regional district as the area to be served bythe facilities of the regional district, as if such area was a specified area underDivision (2) of Part XVI of the Municipal Act.

(3) Subject to subsection (4), the provisions of subsection (4) of section 616 of theMunicipal Act do not apply to by-laws adopted by the Council of TheCorporation of the District of Matsqui or the Council of The Corporation of theDistrict of Sumas to establish a specified area under that section for the purposesof undertaking the construction, maintenance, and operation of sewage-collectionsystems.

(4) The provisions of clause (b) of subsection (1) of section 253 of the Municipal Actapply with the necessary changes and so far as is applicable to a by-law referredto in subsection (3).

1970-34-3.



Nanaimo

Powers under Div. (2), Part XVI

157. If, subsequent to the enactment of this section, the boundaries of The Corporationof the City of Nanaimo are extended, the provisions of Division (2) of Part XVIof the Municipal Act apply to The Corporation of the City of Nanaimo as if itwere a district municipality.

1970-34-3.



Port Alberni

Validates by-laws

158. Notwithstanding that the provisions of subsection (10) of section 427 of theMunicipal Act were not complied with, any otherwise-valid by-law of the City ofPort Alberni adopted pursuant to that section is declared valid and effectual forthe years 1970 and 1971.

1970-34-3.



Port Hardy

Exceptions

159. Until the first day of January, 1975, the provisions of sections 249 and 253 of theMunicipal Act do not apply to the District of Port Hardy.

1970-34-3.



Prince Rupert

Enables by-law adoption

160. Notwithstanding the provisions of sections 245 or 253 of the Municipal Act, theCouncil of the City of Prince Rupert may, without the assent of theowner-electors, adopt By-law No. 1835, cited as "Recreational Complex andLibrary Facilities Amendment By-law No. 1835", as passed third reading thenineteenth day of February, 1970, provided that by the twelfth day of March,1970, no petition has been received pursuant to a notice in respect of the by-lawpublished by the city.

1970-34-3.



Quesnel

Enables increase of size of Council

161. The provisions of section 151 of the Municipal Act apply to The Corporation ofthe Town of Quesnel as if it were a city or district municipality.

1970-34-3.



Sumas

Arena

162. The Council of The Corporation of the District of Sumas may, by by-law, providethat all or part of the annual requisition of the Central Fraser Valley RegionalDistrict, for the purposes of the Matsqui-Sumas-Abbotsford Community Arena,under Division II of the Letters Patent and supplementary Letters Patent of theregional district, shall be raised by a rate levied and imposed on the assessedvalue of improvements only.

1970-34-3.



Sunshine Coast Regional District

Validates by-laws

163. Sunshine Coast Regional District By-laws Nos. 30, 31, 32, and 33, cited as "RealProperty Expropriation By-law No. 30, 1969"; "Real Property ExpropriationBy-law No. 31, 1969"; "Real Property Expropriation By-law No. 32, 1969";"Personal Property Expropriation By-law No. 33, 1969" are declared valid andeffectual from the date of their adoption and are declared to be within the powersof the Regional Board.

1970-34-3.



Vancouver

West End Community Centre

164. (1) The approval of the required majority of the property owners to a by-law entitled"A By-law to Contract a Debt by the Issue and Sale of Debentures inÃ¢â�¬Â�the Aggregate Principal Amount of $2,000,000 in Lawful Money of Canada forthe Purpose of Constructing, Furnishing, and Equipping a Community RecreationCentre and Providing Off-street Parking Facilities Therefor in the Block Boundedby Barclay Street, Cardero Street, Haro Street, and Bidwell Street in the City ofVancouver; and for Authorizing the Constructing, Furnishing, and Equipping ofthe Said Community Recreation Centre and Providing Off-street ParkingTherefor" which, on the eleventh day of December, 1968, was submitted to theowners of real property in a portion of District Lot 185 in the City of Vancouver,shall be deemed to be approval of the required majority to a question submittedpursuant to the provisions of section 523B of the Vancouver Charter, as enactedby section 25 of chapter 45 of the Statutes of British Columbia, 1969.

(2) Before a by-law is enacted, the Council shall publish a notice in two issues of adaily newspaper circulating in the city stating that unless five per centum of theowners of real property whose property will be assessed under the by-lawindicate their opposition, Council will pass a by-law authorizing the issue ofdebentures at an interest rate differing from that contained in the original by-lawsubmitted to the owners of real property, and also stating the maximum rate ofinterest payable in respect of the debentures.

(3) Notwithstanding this section, or the Vancouver Charter, or the provisions of theby-law approved by the required majority of property owners referred to insubsection (1), the proceeds of a by-law passed pursuant to, and in compliancewith, this section may be used for constructing, furnishing, and equipping aCommunity Recreation Centre with off-street parking facilities on a site boundedby Barclay, Cardero, Haro, and Denman Streets.

1970-34-3; 1972-38-2.



Vernon

Validates agreement

165. Notwithstanding the provisions of section 247 of the Municipal Act, an agreemententered into on the first day of December, 1969, between The Corporation of theCity of Vernon and the Vernon Irrigation District is declared valid and effectualfrom the date of the agreement.

1970-34-3.



Williams Lake

Loans authorization by-law

166. Notwithstanding the provisions of the Municipal Act, the Council of the Town ofWilliams Lake may, without the assent of the owner-electors, adopt a loanauthorization by-law authorizing the borrowing of an amount not exceeding onehundred thousand dollars for a term not exceeding ten years, for the purpose ofrepaying moneys borrowed on behalf of the general revenue fund of the Town ofWilliams Lake in the years prior to 1970.

1970-34-3.



Repealed

Repealed

167. Repealed. [2000-7-239]



Kent

Validates by-laws

168. (1) Notwithstanding anything in the Municipal Actor in this Act, The Corporation ofthe District of Kent by-laws cited as "District of Kent Flood Control LoanAuthorization By-law No. 517, 1969" and "Agassiz-Harrison Mills Dyking AreaFlood Control Loan Authorization By-law No. 518, 1969" are declared valid andeffectual from the date of adoption, and the agreement with the Province madeunder those by-laws is valid and effectual from the date of such agreement.

(2) For the purposes of the agreement referred to in subsection (1), or any subsequentagreement under subsection (6) of section 526A of the Municipal Act, the AgassizDrainage Area, the Harrison Mills Dyking Area, and the Harrison Mills DrainageArea, as defined in section 76, are declared to be specified areas established underand subject to the provisions of section 526A.

1970-34-3.



Chilliwhack

Amends Act

169. (1) Section 10 of the Chilliwack Dyking District Act, 1949, is amended by

(a) inserting after the word "systems" in the third line of clause (a) the words,"River Bank Protection Works"; and

(b) inserting after the word "systems" in clause (b) the words, "River BankProtection Works".

(2) The Corporation of the Township of Chilliwhack has full power and authority toenter into and carry out any agreements with the Province to implement workscarried out under the Federal-Provincial Agreement, being "Agreement Coveringa Plan for Flood Control in the Fraser Valley, British Columbia", signed on thetwenty-fourth day of May, 1968, and for the purposes of such agreement, theprovisions of subsections (4) to (7) of section 526A of the Municipal Act apply tothe Township of Chilliwhack and the Chilliwhack Dyking District, as if the areaof the dyking district within the township were a specified area establishedpursuant to the provisions of section 526A.

1970-34-3.



Delta

Plans for land of B.C. Harbours Board

170. With the approval or of the Lieutenant-Governor in Council, the Council of theCorporation of Delta may, jointly with the British Columbia Harbours Board,undertake preparation of plans of development expressed in the form of maps,plans, reports, or any combination thereof, for lands, foreshore, and lands coveredby water, held or acquired for the purposes of the British Columbia HarboursBoard and for any adjacent lands designated by the Council of the municipality.

1970-34-3.



Fort St. James

Borrowing

171. Notwithstanding subsection (3) of section 248 or subsection (2) of section 249,both of the Municipal Act, the Council of The Corporation of the Village of FortSt. James may borrow a sum not exceeding thirty thousand dollars for amunicipal hall, including library facilities.

1970-34-3.

Validation of assessment rolls

172. Notwithstanding the provisions of the Municipal Act, the AssessmentEqualization Act, or any other Act, the real property assessment roll of amunicipality for taxation purposes for the year 1971 is not invalidated merely byreason of the Assessor failing to make and subscribe to the statutory declarationreferred to in section 349 of the Municipal Act.

1971-40-5.

Employment programmes

173. (1) The provisions of section 253 of the Municipal Act do not apply to a loanauthorization by-law where the money is to be borrowed from the Government ofCanada pursuant to a programme to stimulate employment; but the Inspector ofMunicipalities, prior to approving the by-law pursuant to section 255 of theMunicipal Act, may direct that the by-law be submitted for the assent of theowner-electors.

(2) Notwithstanding the provisions of subsection (3) of section 248 of the MunicipalAct, the Council of a village may use funds borrowed from the Government ofCanada pursuant to a programme to stimulate employment for any capitalpurpose within the jurisdiction of the Council.

(3) This section is retroactive to the first day of December, 1970.1971-40-5.

Municipal Finance Authority of British Columbia Act not to apply

174. Section 22 of the Municipal Finance Authority of British Columbia Act does notapply where the money is to be borrowed from the Government of Canada.

1971-40-5.

Letters Patent

175. Notwithstanding the provisions of the Municipal Act, the following Letters Patentand supplementary Letters Patent and the Orders in Council authorizing theirissue are confirmed and validated as from the respective date of issue:



Letters Patent Date of Issue Order in Council

All regional district June 17, 1970 1961/70

District of Houson October 20, 1970 3484/70

City of Grand Forks January 7, 1971 36/71

Village of Port Alice January 19, 1971(effective date,January 1, 1971)

198/71

1971-40-5.

Fire protection

176. Where a regional district is providing fire protection for a specified area, theRegional Board may, by by-law, exercise the powers fo clause (I) of subsection(1) of section 59 of the Water Act.

1971-40-5.

Validation of by-law

177. (1) Any municipal or regional district by-law authorizing the borrowing of money forwater, sewer, or pollution control and abatement facilities adopted prior to thefirst day of April, 1968, for which financing has not been completed is, withoutamendment, a sufficient loan authorization by-law to finance the amountauthorized pursuant to such by-law through the Municipal Finance Authority ofBritish Columbia.

(2) Subsection (1) applies only to that portion of the amount authorized for which nosecurities have been issued.

1971-40-5.

Finance Authority appointments

178. All Regional Board appointments of members to the Municipal FinanceAuthority of British Columbia for the year 1970 are confirmed and validated,notwithstanding that any such appointment was made subsequent to the last dayof February.

1971-40-5.



Campbell River

Campbell River

179. The tax sale conducted by the Collector of the District of Campbell River undersection 395 of the Municipal Act in the year 1970 is declared a nullity and theprovisions of subsection (2), section 409, of that Act apply, with the necessarychanges and so far as are applicable; and the Registrar of the Victoria Land TitlesDistrict shall cancel all references in the records to the tax sale.

1971-40-5; 1978-25-333.



Columbia Basin Water Board

Columbia Basin Water Board

180. (1) The Lieutenant-Governor in Council may, upon the recommendation of theMinister, issue supplementary Letters Patent to the Regional District of CentralKootenay, Kootenay Boundary, East Kootenay, and Columbia-Shuswap, or anyof them, providing that such regional district is empowered to participate withany other such regional district in the establishment and operation of a Board tobe known as the "Columbia Basin Water Board" (herein referred to as the "WaterBoard"), and the provisions of subsections (4), (4a), (4b), and (4c) of section 766of the Municipal Act do not apply to supplementary Letters Patent issuedpursuant to this section.

(2) The supplementary Letters Patent issued pursuant to this section shall set out

(a) the member municipalities of the regional districts participating in theWater Board

(b) the objects and purposes of the Water Board;

(c) the basis for sharing cost of the Water Board between the regional districts;

(d) the basis of sharing the portion of the cost of the regional district betweenits participating member municipalities;

(e) a limitation of the cost of the function of the Water Board;

(f) the representation of the regional district on the Water Board; and

(g) such other provisions and conditions as the Lieutenant-Governor inCouncil may deem proper and necessary.

1971-40-5.



Regional District of Strathcona

Regional District of Strathcona

181. Notwithstanding the provisions of subsection (1) of section 766AAA of theMunicipal Act, the by-law of the Regional District of Comox-Strathcona entitled"Lake Trail and Powerhouse Road Specified Area Establishment By-law, 1970"is declared valid and effectual from the date of its adoption.

1971-40-5.



Cranbrook, Fernie and Kimberley

Cranbrook, Fernie and Kimberley

182. (1) Notwithstanding the provisions of subsection (1) of section 571 of the MunicipalActor any other Act, the agreements entered into on the thirtieth day of June,1970, between The Corporation of the City of Cranbrook and the BritishColumbia Hydro and Power Authority; The Corporation of the City of Fernie andthe British Columbia Hydro and Power Authority; the City of Kimberley and theBritish Columbia Hydro and Power Authority and any variations made from timeto time in those agreements are declared valid and effectual from the date of theagreements and within the power of the respective Corporations and City.

(2) Notwithstanding the provisions of subsection (1) of section 472 of the MunicipalAct, all moneys received as interest on the sale price and the revenue phasing-outallowance and for systems rental by the Cities of Cranbrook, Fernie, andKimberley from the sale of their electrical distribution systems may be treated asgeneral revenue until the first day of January, 1979, but in the case of the City ofKimberley, such general revenue shall be deemed to be revenue applicable toexpenditures for those services enumerated in clauses (a) to (i) of section 24 ofthe supplementary Letters Patent of the City of Kimberley dated the twenty-ninthday of October, 1968.

1971-40-5.





183. 183. Notwithstanding the Municipal Act or any other Act, theLieutenant-Governor in Council may, upon the recommendation of the Minister,declare the Letters Patent of The Corporation of the District of Coquitlam andThe Corporation of the District of Fraser Mills surrendered, and may issue LettersPatent reincorporating the area comprising the former municipalities as a newmunicipality and may include in the Letters Patent such provisions as theLieutenant-Governor in Council may consider proper and necessary and mayinclude, without limiting the generality of the foregoing, provisions respectingany matter referred to in section 12.

1971-40-5.





184. (1) The Regional Board of the Greater Vancouver Regional District is empowered tocarry out studies and investigate(a) transportation needs as envisaged by the municipalities that comprise the

Greater Vancouver Regional District;(b) the financial aspects pertaining to clause (a); and

(c) a plan for the transportation function and the constitution of an agency toundertake the function.

(2) Upon the approval by the Regional Board of the plan developed under subsection(1), the Board may carry out negotiations with the municipalities, other publicbodies, and operators of public transport facilities to prepare and develop adetailed proposal.

1971-40-5.



Greater Vancouver Regional District Regional Parks

Greater Vancouver Regional District Regional Parks

185. (1) The Lieutenant-Governor in Council may dissolve the Vancouver-Fraser ParkDistrict and, by supplementary Letters Patent, add the function of regional parkspursuant to the Regional Parks Act to the functions of the Greater VancouverRegional District.

(2) The participating member municipalities of the regional district are those membermunicipalities that were participating member municipalities of the formerregional park district and, for the purposes of this function, those membermunicipalities of the former regional park district not within the regional districtare deemed to be members of the regional district with all the rights, duties, andobligations of a member municipality of the regional district with respect to theregional parks function.

(3) The Lieutenant-Governor in Council may, at the request of the Regional Board,in the supplementary Letters Patent or further supplementary Letters Patent, addfurther member municipalities whether such member municipality is within orwithout the regional district.

(4) Before making a request under subsection (3), the Regional Board shall obtain theconsent of the Council of the municipality concerned.

(5) Upon the dissolution of the Vancouver-Fraser Park District and the issue ofsupplementary Letters Patent to the regional district, all of the assets, rights,claims, obligations, and liabilities of the regional park district are transferred andbecome the assets, rights, claims, obligations, and liabilities of the GreaterVancouver Regional District.

1971-40-5.



Houston

Houston

186. The Lieutenant-Governor in Council may, upon the recommendation of theMinister, amend the Letters Patent incorporating the District of Houston dated thethirty-first day of January, 1969, to the extent necessary to provide that the firstfully elected Council of the municipality be elected and take office at a dateearlier than provided in the Letters Patent.

1971-40-5.



Repealed

Repealed

187. Repealed. [1994-52-119]



Nanaimo

Nanaimo

188. (1) Notwithstanding .the provisions of subsection (3) of section 617 of the MunicipalAct, in the event that the Council of The Corporation of the City of Nanaimoundertakes to provide off-street parking facilities pursuant to the provisions ofDivision (4) of Part XXVII of the Act and all or part of the cost thereof is met outof moneys borrowed, the Council may, by by-law, adopted by an affirmative voteof at least two-thirds of all the members of the Council and approved by theInspector of Municipalities, provide for the application of so much of the currentrevenue derived from the operation of parking meters within the City of Nanaimoas the Council may by such by-law determine to the repayment of the debt or tothe payment of interest thereon.

(2) The Council may, subject to the approval of the Minister, similarly make a capitalcontribution from a reserve fund toward the cost of providing such off-streetparking facilities.

(3) The balance of the cost shall be charged against the owners of real propertywithin the specified area pursuant to the provisions of Division (2) of Part XVI ofthe Act.

1971-40-5.



Port Alberni

Port Alberni

189. Notwithstanding the provisions of section 581 of the Municipal Act, the Councilof the City of Port Alberni may, on petition, provide, as a work of localimprovement, crosswalks, plantings, decorative structures, shelters, seating,canopies, and similar works on, in, under, or over any highway in anycommercial area or part or parts thereof.

1971-40-5.



Port Hardy-Princeton-Tahsis

Port Hardy-Princeton-Tahsis

190. Section 22 of the Municipal Finance Authority of British Columbia Act does notapply to the District of Port Hardy and Villages of Princeton and Tahsis.

1971-40-5.



Salmon Arm

Salmon Arm

191. (1) Notwithstanding any provision of the Municipal Act, if a valid petition is receivedby the Council of the District of Salmon Arm from the owner-electors within anarea defined by the Minister requesting a vote on the question of excluding thatarea from the municipality, the Council shall arrange for such a poll to be takenas well as a poll on the same question in the remainder of that area of themunicipality which comprised the former The Corporation of the District ofSalmon Arm.

(2) If, at each of the polls provided for under subsection (1), at least three-fifths ofthe total votes cast by valid ballot are in favour of the area being excluded, theLieutenant-Governor in Council may, on the recommendation of the Minister, bysupplementary Letters Patent reduce the area of the municipality accordingly.

(3) The Lieutenant-Governor in Council may, in the supplementary Letters Patent,include such conditions as the Lieutenant-Governor in Council may deem properor necessary.

1971-40-5.



South Fort George

South Fort George

192. (1) Notwithstanding the provisions of section 26 of the Municipal Act, the Ministermay direct that the question of uniting the Village of South Fort George with theCity of Prince George be submitted to the owner-electors of the Village of SouthFort George.

(2) If the assent of the owner-electors of the Village of South Fort George is obtainedpursuant to subsection (1), the Lieutenant-Governor in Council may, upon therecommendation of the Minister, accept the surrender of the Letter Patent of theCity of Prince George and of the Village of South Fort George and issue otherLetters Patent uniting the two municipalities.

(3) Letters Patent under this section may include directions on any of the mattersreferred to in section 12, and such other matters as the Lieutenant-Governor inCouncil may deem proper or necessary.

1971-40-5.



Vancouver

Repealed

193. Repealed. [1973-152-11]

[The next section is 196.]



Greenwood

Greenwood

196. The title of The Corporation of the City of Greenwood to the following describedlands acquired at tax sale proceedings is hereby confirmed and vests in TheCorporation of the City of Greenwood:(a) Lots 2, 3, 5, 6, 7, 9, 10, and 12, Block 54, District Lot 711, Similkameen

Division of Yale District, Plan 70:(b) Lots 5, 6, 7, 8, 11, and 12, Block 87, District Lot 711, Similkameen

Division of Yale District, Plan 70, subject to 14292E as to all mineralsprecious and base (save coal and petroleum) which may be found lying inor under District Lot 830, Similkameen Division of Yale District, known asthe Fred "D" Mineral Claim.

1971-40-5.



Prince George

Prince George

197. Section 75B applies, with the necessary changes and so far as is applicable, to theCity of Prince George.

1971-40-5.



Surrey

Surrey

198. (1) Sections 34 to 40 inclusive, and sections 43 to 45 inclusive, apply, with thenecessary changes and so far as are applicable, to The Corporation of the Districtof Surrey, except that "the first day of January, 1959" referred to in section 43shall be read as "the date of any Order made by the Lieutenant-Governor inCouncil pursuant to the Drainage and Dyking Adjustment and Repeal Act, 1965,dissolving any or all of the hereinafter referred to dyking districts and transferringthe assets, rights, claims, obligations, and liabilities thereof to the Corporation ofthe District of Surrey".

(2) The Corporation of the District of Surrey is entitled to be registered as the ownerin fee-simple, free and clear from all encumbrances thereon save and except thosein favour of the Crown, of those lands to which title has been acquired by orwhich are held in trust for(a) The Surrey Dyking District;

(b) The Colebrook Dyking District;

(c) The South Westminster Dyking District; and

(d) The Mud Bay Dyking District;

without further proof on the part of the Corporation of the inoperative status ofany of those districts, and the Registrar of Titles shall, without production of theformer or duplicate certificate of title, register the title in the name of theCorporation.

(3) No right, title, or interest acquired under sections 34 to 45, inclusive, shall bedeemed to be a resumption of land reserved in any Crown grant.

(4) This section, excepting this subsection and subsection (5), comes into force on aday to be fixed by the Lieutenant-Governor by his Proclamation, and he may fixdifferent dates for the coming into force of the several provisions of this section.

(5) Subsection (4) and this subsection comes into force on Royal Assent.1971-40-5; 1977-53-1.

Surrey

199. (1) Notwithstanding the provisions of the Municipal Act, or any by-law of themunicipality, all moneys required to be raised from the specified areasestablished by The Corporation of the District of Surrey "Whalley RecreationDistrict Capital Works Construction and Loan By-law, 1964, No. 2158" and TheCorporation of the District of Surrey" Cloverdale Community CentreConstruction and Loan By-law, 1955, No. 1338 " shall be levied and imposed onthe municipality at large.

(2) Notwithstanding any provision of the Municipal Act, the assent of theowner-electors is not required for the adoption of a loan authorization by-law tofinance the works set out in the Surrey Parks and Recreation CommissionRecommended Five-Year Facility Development Programme Report dated theeighth day of September, 1971, for the Crescent Park development.

(3)



Until the programme set out in the report referred to in subsection (2) is complete,the works set out in the programme shall not be amended nor shall borrowing forany other capital works for recreational purposes be undertaken, except upon theaffirmative vote of at least two-thirds of all members of Council and the approvalof the Lieutenant-Governor in Council.

1972-38-3.





200. (1) Notwithstanding any provision of the Vancouver Charter or the Municipal Act,the Lieutenant-Governor in Council may, by supplementary Letters Patent, grantas a function to the Greater Vancouver Regional District powers for the controland abatement of air pollution in respect of any class or classes of operation andfor such specific period or periods of time as may be made applicable undersection 8 of the Pollution Control Act, 1967, to the area of the Greater VancouverRegional District.

(2) The supplementary Letters Patent issued pursuant to this section shall set out suchterms and conditions as may be considered proper or necessary and, withoutaffecting the generality of the foregoing, may provide(a) for the procedures to be followed by the regional district with respect to

applications for air pollution control permits and objections thereto;(b) for the appeal procedures from decisions made in the exercise of the

powers granted' to the regional district; and(c) for the procedures to determine the standards respecting the quality and

character of the contaminant or contaminants which may be dischargedinto air.

(3) The Lieutenant-Governor in Council may make, alter, and repeal regulations forcarrying out the spirit, intent, meaning, and purpose of supplementary LettersPatent issued pursuant to subsection (1).

(4) The Lieutenant-Governor in Council may, at the request of the Regional Board,in the supplementary Letters Patent or further supplementary Letters Patent, add,for the purposes of this function, further member municipalities not within theregional district.

1971-40-5.



Thompson-Nicola Regional District


201. (1) Upon the request of the Regional Board of the Thompson-Nicola RegionalDistrict, a Committee shall be established consisting of the Mayors of the City ofKamloops, the Town of Valleyview, the District of Brocklehurst, and the Districtof Dufferin and the Chairman of the B.C. Fruitlands Irrigation District toinvestigate and make recommendations on whether and on what terms andconditions the regional district should provide the following works and servicesfor the area comprising the above-named municipalities and improvementdistricts:(a) Water supply and trunk mains:

(b) Sewage disposal and trunk mains:

(c) Recreation facilities and programmes:

(d) Protection of persons and property by the assumption of the powers andduties of Divisions (1) and (2) of Part XX of the Municipal Act; and

(e) Community planning by the assumption of the powers and duties ofDivision (1) of Part XXI of the Municipal Act.

(2) The Regional Board shall not request the establishment of a Committee undersubsection (1) until it has submitted the question of establishing the Committee tothe owner-electors of the area set out in subsection (1) at large, and the totalnumber of votes cast in favour of the question is equal to three-fifths of the totalvotes cast by valid ballot.

(3) If the Committee recommends that any or all of the works and services referred toin subsection (1) should be provided by the regional district, the question ofgranting such function or functions to the regional district shall be submitted tothe owner-electors of the area at large.

(4) If the total number of votes cast in favour of the question is equal to three-fifthsof the total votes cast by valid ballot, the Lieutenant-Governor in Council, uponthe recommendation of the Minister, may, by supplementary Letters Patent, grantsuch functions to the regional district and may in the supplementary LettersPatent provide for the implementation of such of the recommendations of theCommittee and such other terms and conditions as are deemed proper andnecessary.

(5) Where a question is to be submitted to the owner-electors under subsection (2) or(3), the Secretary of the regional district shall notify the Councils or Trustees ofeach municipality or improvement district, as the case may be, who shall providefor the submission of the question within their jurisdiction.

(6) The Clerk or Secretary concerned shall arrange for the conduct of the poll inaccordance with the provisions of the Municipal Act and any directions of theSecretary of the regional district.

(7) For the purposes of this section " owner-elector " means, in the case of amunicipality, an owner-elector within the meaning of the Municipal Act, and, inthe case of an improvement district, an owner of land within that part of theimprovement district not within a municipality who is a Canadian citizen or otherBritish subject of the full age of nineteen years.

1972-38-4.




202. (1) The Council may, by by-law, waive any part of any tax, rate, or charge imposedfor the purpose of providing water, sewers, or pollution control and abatementfacilities, with respect to their application to property owned and occupied by anyclass of citizens of sixty-five years of age or over specified in the by-law.

(2) Any deficiency resulting from a waiver of taxes, rates, or charges pursuant tosubsection (1) shall be made up from the general revenues of the municipality.

1972-38-5; 1974-59-1.

Repealed

203. Repealed. [1994-52-120]

Repealed

204. Repealed. [2000-7-240]



Burnaby-Vancouver

Burnaby-Vancouver

205. The Councils of The Corporation of the District of Burnaby and the City ofVancouver are empowered to enter into agreements, under such terms andconditions as are considered necessary, for the purpose of establishing,constructing, or maintaining highways within or partially within eithermunicipality.

1972-38-5.



Castlegar-Kinnaird

Castlegar-Kinnaird

206. (1) Notwithstanding any provision of the Municipal Act, revenue raised pursuant toany business tax by-law of the Town of Castlegar from the industrial plant sitedefined in the supplementary Letters Patent of the Town of Castlegar issued thetwenty-eighth day of December, 1967, shall be shared between the Town ofCastlegar and the town of Kinnaird on the basis of sixty per cent for the Town ofCastlegar and forty per cent for the Town of Kinnaird, and the Town of Castlegarshall collect the revenue and pay over to the Town of Kinnaird forty per cent ofsuch revenue.

(2) This section applies only if the Town of Kinnaird imposes a business tax withinits jurisdiction at the same rates as that imposed by the Town of Castlegar.

1972-38-5.



Central Saanich

Central Saanich

207. Notwithstanding section 532 of the Municipal Act, the Council of TheCorporation of the District of Central Saanich may, by by-law,(a) define an area of the municipality of Central Saanich that, in the opinion of

the Council of the Corporation, will be served by the municipal seweragesystem within a specified period from the date of the adoption of theby-law;

(b) from the date of the adoption of the by-law, impose upon the owner of realproperty either(i) a uniform parcel tax being an equal levy in dollars on each parcel of

land within the said area; or(ii) a frontage tax;

but the uniform parcel tax under paragraph (i), or the frontage tax underparagraph (ii), may be waived or reduced in respect of real property, anypresent or previous owner of which

(iii) has constructed at his own expense any portion of the seweragesystem of the municipality; or

(iv) has paid all debt and debt charges, including interest, in respect ofthat portion of the sewerage system of the municipality that servesthe real property; and

(c) impose a connection charge upon owners of real property for the privilegeof connecting the real property to the municipal sewerage system; but, inthe by-law, provision shall be made whereby the connection charge may bewaived or reduced in respect of real property, any present or previousowner or present occupier of which has constructed at his own expense asewerage disposal system for that real property.

1972-38-5.



North Saanich

North Saanich

208. (1) The Council of the District of North Saanich may, by by-law, with the approvalof the owner-electors, establish a reserve fund for the purpose of protecting thegeneral ecology of the district.

(2) Where a fund has been established under subsection (1), the Council may enterinto an agreement with any owner of land whereby the municipality agrees tocompensate the owner for the right of the municipality to preserve the timber onthe land for a period of up to twenty years.

(3) Where a by-law has been adopted pursuant to subsection (1), no person shall cuttimber from any parcel of land exceeding 8 000 m2 within the municipality untilhe has notified the municipality in writing of his intention to cut timber and themunicipality has declared in writing that it will not enter into an agreement undersubsection (2), or until sixty days have elapsed from the date upon which theowner notified the municipality.

1972-38-5; 1977-53-1.



Port Alberni

Port Alberni

209. Notwithstanding any provision of the Municipal Act, the agreement entered intobetween Port Alberni Harbour Commissioners and MacMillan Bloedel Limitedand City of Port Alberni on the twenty-third day of February, 1972, is declaredvalid and effectual on and from the date of the agreement.

1972-38-5.



Prince Rupert

Prince Rupert

210. Notwithstanding any provision of the Municipal Act, or any other Act, theLieutenant-Governor in Council may, from time to time, upon therecommendation of the Minister, by supplementary Letters Patent, extend theboundaries of the City of Prince Rupert to include any lands required for orconducive to the establishment and operation of a national harbour.

1972-38-5.



Revelstoke

Revelstoke

211. (1) Notwithstanding the provisions of subsection (1) of section 571 of the MunicipalAct, or any other Act, the agreements entered into on the twenty-eighth day ofDecember, 1971, between The Corporation of the City of Revelstoke and theBritish Columbia Hydro and Power Authority and any variations made from timeto time in those agreements are declared valid and effectual from the date of theagreements and within the power of the Corporation.

(2) Notwithstanding the provisions of section 472 of the Municipal Act, the Councilof the City of Revelstoke may transfer to the general revenue fund of themunicipality such amount as is approved by the Minister not exceeding onehundred thousand dollars per annum from the annual payments made to itpursuant to the agreement referred to in subsection (1), but the provisions ofsection 472 otherwise apply.

1972-38-5.



District of Stewart

District of Stewart

212. Notwithstanding any provision of the Municipal Act, the agreement entered intobetween the District of Stewart and Granduc Operating Company on thethirty-first day of July, 1968, is declared valid and effectual from the date of theagreement and within the power of the district.

1972-38-5.



Sumas Drainage, Dyking, and Development District

Sumas Drainage, Dyking, and Development District

213. (1) The area of the Sumas Drainage, Dyking, and Development District, as describedin the Sumas Drainage, Dyking, and Development District Act, being chapter 87of the Statutes of British Columbia, 1920, is amended by deleting and removingtherefrom all lands lying to the east of the centre lines of the Sumas River, theVedder Canal, and the Vedder River.

(2) The land so deleted and removed under subsection (1) shall be deemed to be aspecified area within The Corporation of the Township of Chilliwhack undersection 526A of the Municipal Act.

(3) Sixteen decimal five seven eight per cent of the assets and liabilities of the SumasDrainage, Dyking, and Development District are hereby transferred to, and shallbe assumed by, The Corporation of the Township of Chilliwhack, excepting anyland or interest in land, or any portion of the debt owing to the Province under theDyking Assessments Adjustment Act, 1947.

(4) The provisions of this section come into force on a date to be fixed by theLieutenant-Governor by his Proclamation.

1972-38-5.



Surrey-White Rock

Surrey-White Rock

214. (1) The Councils of The Corporation of the District of Surrey (herein called the"district ") and The Corporation of the City of White Rock (herein called the"city") shall designate an area (herein called the "transfer area") within the districtthat may be included within the city.

(2) Where a transfer area has been designated under subsection (1),

(a) the Council of the district shall submit the question of the area of themunicipality being so reduced to the owner-electors in(i) the transfer area; and

(ii) the remainder of the municipality; and

(b) the Council of the city shall submit the question of the boundaries of thecity being so extended to the owner-electors of the city.

(3) If the number of votes cast in favour of the question is equal to three-fifths of thevotes cast by valid ballot,(a) in the transfer area;

(b) in the transfer area and the remainder of the district combined; and

(c) in the City;

the Lieutenant-Governor in Council may, by supplementary Letters Patent, soreduce the area of the district and extend the area of the city by the inclusion ofthe transfer area within the city.

(4) Before issuing supplementary Letters Patent under this section, the Minister mayappoint a Commissioner or Commissioners to recommend to him the terms andconditions to be included in the supplementary Letters Patent.

(5) The Lieutenant-Governor in Council may, in the supplementary Letters Patent,impose upon either or both municipalities such conditions as theLieutenant-Governor in Council may consider proper or necessary.

(6) If the Councils of the district and the city, or either of them, do not prior to thethirty-first day of May, 1972, designate the transfer area and provide for thesubmission of the question as required by this section, the Minister may designatethe transfer area and direct the Clerks of the municipalities to submit the question.

1972-38-5.



Terrace

Terrace

215. Regardless of any use of, or reservations placed on, the land, the District ofTerrace is authorized to transfer any land owned by it required as a site forParkside School to the Board of School Trustees of School District No. 88(Skeena-Cassiar) in exchange for other land owned by the School District.

1972-38-5.



Vancouver

Vancouver

216. (1) Notwithstanding the provisions of the Vancouver Charter, the Minister maydeclare that any specified real property, within the City of Vancouver, that isvested in the city, but held or occupied by a person who holds the real propertyotherwise than by or on behalf of the city is liable to taxation pursuant to therating by-laws, on and from such date as may be specified by the Minister.

(2) The Minister may declare that the real property referred to in a declaration madepursuant to subsection (1) of this section shall be liable to taxation on and from adate prior to the coming into force of this section and the Minister may amend orrevoke the declaration.

(3) A declaration made pursuant to this section shall continue to be of full force andeffect unless and until the liability for the said real property for taxationdetermines as provided for in subsection (4) of this section, notwithstanding thatthe real property ceases to be vested in the City of Vancouver after the making ofthe declaration.

(4) On and from the date on which either

(a) the real property specified in a declaration made pursuant to subsection (1),or any part thereof, ceases to be held or occupied by a person who holds oroccupies the real property otherwise than by or on behalf of the city; or

(b) the real property, or any part thereof, is released from the effect of adeclaration made pursuant to subsection (1) by a declaration made pursuantto subsection (2),

the liability of the real property, or part thereof, for taxation shall be determinedas if this section had not been enacted.

(5) The real property referred to in subsection (1) shall be entered in the assessmentroll in the name of the holder or occupier thereof, whose interest shall be assessedat the actual value of the land and improvements comprising the real property.

(6) The Collector of Taxes will be entitled to amend the tax roll and the assessmentroll to the extent, necessary to give effect to this section and any declarationsmade hereunder.

(7) Notwithstanding the provisions of the Vancouver Charter and the Public SchoolsAct, the taxes imposed on the real property referred to in subsection (1) of thissection are a liability only of the holder or occupier of such real property,recoverable in the manner set out in the Vancouver Charter, but the real propertyis not liable to tax sale, nor are such taxes a lien or charge on the real property.

(8) The real property shall be deemed not to be exempt from taxation under theVancouver Charter for the purposes of subsection (2) of section 202 of the PublicSchools Act.

(9) The person whose name has been entered in the assessment roll pursuant tosubsection (5) of this section shall be deemed to be the owner of the real propertyfor the purposes of the Provincial Home Acquisition Act, and for the purposes ofthe Provincial Homeowner Grant Act.

(10) The real property shall be deemed not to be exempt from taxation for schoolpurposes only by special Act, for the purposes of subsection (2) of section 26 ofthe Regional Hospital Districts Act.

(11)



The words "actual value," "improvements," "land," and "real property" in thissection have the meanings given to them, respectively, in the Vancouver Charter,and, where the context so requires, by the Assessment Equalization Act.

(12) This section applies only to real property that is held or occupied for housingpurposes.

1972-38-5.

Vancouver

217. Notwithstanding the provisions of the Municipalities Aid Act, where the City ofVancouver has not applied the requisite amount for the purposes set out inparagraph (i) of clause (c) of subsection (1a) of section 3 of that Act, that amountshall be paid into a reserve fund for the purposes set out in that paragraph (i).

1972-38-5.



Alberni-Clayoquot

Alberni-Clayoquot

218. (1) Notwithstanding any provision of the Municipal Act, or the Letters Patent of theRegional District of Alberni-Clayoquot, on and from a date specified by theMinister, the area comprising the Beaver Creek Improvement District shallbecome Electoral Area E of the regional district and the area comprising theCherry Creek Waterworks District shall become Electoral Area F.

(2) The Minister may make such directions as he considers proper and necessary toprovide for the first election of Directors to represent the electoral areas referredto in subsection (1) and their term of office.

(3) On and from the date specified under subsection (1), the appointment of theDirectors presently representing the improvement districts are terminated.

1972-38-5.



Burnaby

Burnaby

219. Notwithstanding any provisions of Part III of the Municipal Act, the Council ofThe Corporation of the District of Burnaby may make provision for and adoptsuch procedures as are necessary for balloting and voting for candidates, by-lawsor referendums at the annual election in 1972 by the use of voting machines,providing that secrecy of voting is maintained.

1972-38-5.



District of Campbell River

District of Campbell River

220. By-law No. 522 of the District of Campbell River, cited as "Downtown Off-StreetParking Specified Area By-law No. 522, 1972," as passed third reading on theeighth day of February, 1972, is confirmed and validated upon approval of theMinister and adoption by the Council.

1972-38-5.



Regional District of Comox-Strathcona


221. By-law No. 69 of the Regional District of Comox-Strathcona, cited as "ElectoralArea I Disposal Grounds Specified Area Establishment By-law, 1971," isconfirmed and validated from the date of its adoption.

1972-38-5.


222. (1) The Regional Board of the Regional District of Comox-Strathcona may, byby-law, extend the "Lake Trail and Powerhouse Road Specified Area" establishedpursuant to the Regional District of Comox-Strathcona By-law No. 46, and theprovisions of subsection (1) of section 618 of the Municipal Act do not apply.

(2) The provisions of section 253 of the Municipal Act do not apply to a loanauthorization by-law adopted for the purpose of financing works within thespecified area so extended.

1972-38-5.



Regional District of Nanaimo


223. (1) The supplementary Letters Patent issued to the Regional District of Nanaimodated the fifteenth day of March, 1972, and Order in Council 1014/72 authorizingtheir issue are confirmed and validated as from the date of issue.

(2) The Lieutenant-Governor in Council may at the request of the Regional Boardamend the Letters Patent referred to in subsection (1).

(3) The Greater Nanaimo Sewerage and Drainage District Act is repealed.

(4) Subsection (3) comes into force and effect on a date to be fixed by theLieutenant-Governor by his Proclamation, and subsections (1), (2), and (4) comeinto force on Royal Assent.

1972-38-5 (B.C. Reg. 263/96).



Port Hardy

Port Hardy

224. The supplementary Letters Patent issued to the District of Port Hardy dated thethirtieth day of December, 1971, and Order in Council 4766/71 authorizing theirissue are confirmed and validated from the date of issue.

1972-38-5.



Regional Districts

Repealed

225. Repealed. [1987-14-56]



Chilliwhack

Chilliwhack

226. On the recommendation of the Minister, the Lieutenant-Governor in Councilmay, by supplementary Letters Patent, extend the area of The Corporation of theTownship of Chilliwhack to include all or part of Cultus Lake Park as establishedunder the Cultus Lake Park Act, and the supplementary Letters Patent mayinclude such provisions as the Lieutenant-Governor in Council may considerproper and necessary.

1972-38-5.



New Westminster

New Westminster

227. The provisions of section 10D apply with the necessary changes and in so far asare applicable to the Corporation of the City of New Westminster with respect tothat part of the municipality within District Lots 172, 757, and 758, Group 1,New Westminster District.

1972-38-5.



Comox-Strathcona

Comox-Strathcona

228. (1) Notwithstanding section 766 of the Municipal Act, upon the request of theRegional Board of the Regional District of Comox-Strathcona, theLieutenant-Governor in Council may, by supplementary Letters Patent, grant tothe regional district the functions of recreation and community services, or eitherof them, for any designated part of the regional district upon such terms andconditions as are considered proper and necessary.

(2) Before making a request under subsection (1), the Regional Board, with theapproval of the Minister, shall designate the area of the regional district which isto participate and share in the cost of the functions and submit the question ofassuming the functions to the owner-electors in the area so designated at large.

(3) No request shall be made under subsection (I) unless the total number of votescast in favour of the question submitted under subsection (2) is equal tothree-fifths of the total votes cast by valid ballot in the area at large.

1972-38-5.

Reorganizing municipalities

229. (1) Notwithstanding anything to the contrary in Part I of the Municipal Act, or in anyother Act or regulation, the Lieutenant-Governor in Council may, if he considersit to be in the public interest,(a) dissolve the City of Kamloops, the District of Brocklehurst, the District of

Dufferin, and the Town of Valleyview and, by Letters Patent, reincorporatethe residents of the area comprising(i) the land within those municipalities; and

(ii) such other land not within those municipalities as he considersproper

into one new municipality.(b) dissolve the City of Kelowna and, by Letters Patent, reincorporate the

residents of the area of land comprising(i) the land within that municipality; and

(ii) such other land not within that municipality as he considers proper

into one new municipality.and in the Letters Patent or by Order may

(c) dissolve an improvement district that is wholly or partly within the areareferred to in clause (a) or clause (b); and

(d) transfer any or all of the assets, rights, claims, obligations, and liabilities ofan existing municipality, regional district, or improvement district to thenew municipality.

(2) Notwithstanding anything to the contrary in Part I of the Municipal Act, or in anyother Act or regulation, or in the Letters Patent of the existing municipality orimprovement district, the Lieutenant-Governor in Council may, in the LettersPatent or supplementary Letters Patent, for the purposes of this section,



(a) exempt the new municipality incorporated under this section or any partthereof from any provision of any other Act or regulation;

(b) exempt the owners and residents of the new municipality or any partthereof from any provision of any other Act or regulation;

(c) provide for the periods of time during which any exemption under clause(a) or (b) is effective, and different times may be specified for the severalexemptions;

(d) include any provisions that the Lieutenant-Governor in Council considersnecessary or desirable and that are required to carry out the intent andpurpose of this section and the incorporation of the new municipality.

(3) The Letters Patent or supplementary Letters Patent issued under this section andevery provision thereof prevails over any other Act or regulation or any provisionthereof, or the provisions of any other Letters Patent or supplementary LettersPatent affected thereby, to the extent that the Act, regulation, or other provisionconflicts with, is inconsistent with, or is repugnant to, the Letters Patent,supplementary Letters Patent, or provision thereof issued under this section.

(4) Notwithstanding anything to the contrary in Part I of the Municipal Act, or in anyother Act or regulation, the Minister is not required to direct that a poll be takenbefore making a recommendation to the Lieutenant-Governor in Council underthis section, and the requirements of section 10, 18, 18A, 21, 25, or 26 of theMunicipal Act do not apply to an incorporation under this section.

(5) This section shall be deemed to have come into force on the tenth day of October,1972, and is retroactive to the extent necessary to give full force and effect to itsprovisions on or after that date.

1973-63-1.

Validating assessment rolls

230. No assessment or assessment roll for the year 1974 is invalid for the reason onlythat the assessment roll was not completed and authenticated by the Court ofRevision by the twenty-eighth of February.

1974-59-2.



Burnaby

Burnaby

231. Notwithstanding the provisions of the Municipal Act or any by-law of themunicipality,(a) the following by-laws of The Corporation of the District of Burnaby,

namely, By-laws numbered 6330, 6331, 6337, 6338, 6339, 6344, 6353,6357, 6358, 6359, 6360, 6385, 6397, 6404, 6405, 6406, 6407, 6414, 6418,6419, 6428, 6429, 6436, 6440, 6441, 6443, 6445, 6447, 6448, 6457, 6479.6480, and 6481; and

(b) the following by-laws of The Corporation of the District of Burnaby, whichhave not yet been finally adopted but upon which public hearings havebeen held, namely, By-laws numbered 6341, 6342, 6343, 6396, 6415,6416, 6417, 6426, 6427. 6437, 6438, 6439, 6442, 6444, 6446. 6449, 6465,6466, 6467, 6468, 6478, 6482, and 6483,

shall be deemed not to be invalid or defective by reason only that section 703 (2a)of the Municipal Act and clause (7) of section 7.8 of The Corporation of theDistrict of Burnaby By-law numbered 4742 was not complied with.

1974-59-2.

Greater Vancouver Water District and Sewerage and Drainage District

232. (1) For the purpose of this section, this Act and the regulations passed under this Actshall, unless the context otherwise requires, be read in conjunction with and beconsidered an extension of the Greater Vancouver Water District Act and theGreater Vancouver Sewerage and Drainage District Act, as the case may be.

(2) The Greater Vancouver Water District Act, being chapter 22 of the Statutes ofBritish Columbia, 1924, is amended(a) by repealing section 10 (3) and substituting the following as subsections

(3) and (3a):

"(3) The regional district director of a municipality withinthe Greater Vancouver Water District that is not a membermunicipality of the Greater Vancouver Regional Districtshall be a member of the Board as if the municipality werea member municipality of the Greater Vancouver RegionalDistrict; but, where that municipality is entitled to morethan one Regional Board Director, the Council shalldetermine which director shall be a member of the Board."(3a) Subsection (3) comes into force on the first day ofJanuary, 1975.";

(b) in section 70, by striking out the words "Dominion of Canada" at the endof the second sentence and substituting the words "Government of Canadaor any province thereof, or in securities the principal and interest of whichare guaranteed by the Government of Canada or any province thereof ";

(c) in section 74 (1), by inserting, after the word " thereof " in the third lastline, the words " or securities of the Municipal Finance authority of BritishColumbia; "; and



(d) by repealing section 75 and substituting the following:

Investments

" 75. Except as otherwise provided, moneys to the creditof any fund or funds may be invested or reinvested in(a) securities of the Government of Canada or anyprovince thereof;(b) securities the principal and interest of which areguaranteed by the Government of Canada or any provincethereof;(c) securities of a regional district, or any of them;(d) securities of the Municipal Finance Authority of BritishColumbia;(e) investments guaranteed by any chartered bank; and(f) deposits in, or shares or other evidences of indebtednessof, a credit union incorporated under the Credit UnionsAct."

(3) The Greater Vancouver Sewerage and Drainage District Act, being chapter 59 ofthe Statutes of British Columbia, 1956, is amended.(a) in section 2,

(i) by repealing the definition of "Facilities" and substituting thefollowing definition:

" 'Facilities' includes drains, ditches, sewers,intercepting-sewers, sewage-treatment and disposalplants and works, liquid and solid waste-disposalplants and works, pumping-stations, transferstations, incinerators, recycling and compostingplants and other works necessary thereto, and outletsfor carrying off, treating, and disposing of drainageand sewage, and any other and all works, structures,lands, and conveniences incidental and necessary tothe completion of sewerage, drainage, orwaste-disposal systems; "

and(ii) by inserting, after the definition of "Temporary security," the

following definition:

" 'Waste' includes, whether in liquid or solid form,garbage and noxious, offensive, unwholesome, ordiscarded matter; ";

(b) by inserting, after section 7, the following as section 7A:

Further objects

" 7A. (1) The objects of the Corporation shall also be thedisposal objects. of all types of waste in substantialaccordance with a report of the board of engineers



composed of M. J. J. Dayton, R. M. Martin, and F. R.Bunnell, dated the thirteenthay of June, 1973, a copy ofwhich has been filed in the office of the ProvincialSecretary, and which, for the purpose of identification, hasbeen signed by F. R. Bunnell, Commissioner of theGreater Vancouver Sewerage and Drainage District, andthe purchase, construction, operation, maintenance, andadministration of facilities for the disposal of all types ofwaste."(2) The Corporation shall have the right to perform workrequisite to its function but not included in the reportreferred to in subsection (1), and to amend or vary any ofthe projects recommended in the report in a manner whichis not inconsistent with the objects of the report, but onlywith the sanction of a by-law of the Board passed by amajority of not less than two-thirds of its members."(3) The Corporation may, by by-law passed by a majorityof not less than two-thirds of its members, regulate theplanning, construction, maintenance, operation, andadministration of all waste-disposal facilities within thearea of the Greater Vancouver Regional District."(4) The Corporation may authorize a membermunicipality to provide facilities which are consistent withthe intent of this Act at any time at the cost of themunicipality concerned."(5) In addition to its other powers, the Corporation shallhave the following powers:(a) To finance, design, construct, maintain, operate, andadminister waste-disposal facilities for the Crown in rightof the Province within or without the area of theCorporation at the sole and exclusive cost of the Crown:(b) To establish the uses to which its waste-disposalfacilities may be put and by whom they may be used:(c) In addition to the general borrowing powers providedfor in section 36, by by-law of the Board, with therecommendation of the Commissioner and the approval ofthe Lieutenant-Governor in Council, to borrow moneysand pay interest thereon for the purpose of carrying out thepowers vested in the Corporation by this subsection:(d) To purchase or otherwise acquire waste-disposalfacilities of member municipalities and others:(e) To enter into agreements with member municipalitiesto provide for the collection and removal of waste by theCorporation for and on behalf of, and at the sole cost andexpense of, those member municipalities:(f) To enter into agreements with a municipality and anyother person relating to the removal and disposal of waste,within or without the area of the Corporation:(g) To establish scales of charges for services rendered bythe Corporation and for the use of any of thewaste-disposal facilities of the Corporation.



"(6) The Corporation shall have all the rights, powers, andobligations necessary to carry out the function of wastedisposal, and for the purchase, construction, operation,maintenance, and administration of facilities for thedisposal of all types of waste as the Corporation has for thecarrying-out of the construction, maintenance, operation,and administration of major sewerage and drainagefacilities, and the provisions of this Act relating to thecarrying-out of the construction, maintenance, operation,and administration of major sewerage and drainagefacilities, apply, with the necessary changes and so far asthey are applicable, to the function of waste disposal andfor the purchase, construction, operation, maintenance, andadministration of facilities for the disposal of all types ofwaste.";

(c) by repealing section 8 (3) and substituting the following as subsections (3)and (3a):

"(3) The regional district director of a municipality withinthe Greater Vancouver Sewerage and Drainage Districtthat is not a member municipality of the GreaterVancouver Regional District shall be a member of theBoard as if the municipality were a member municipalityof the Greater Vancouver Regional District; but, wherethat municipality is entitled to more than one RegionalBoard Director, the Council shall determine which directorshall be a member of the Board."(3a) Subsection (3) comes into force on the first day ofJanuary, 1975.";

(d) in section 46, by adding, after the word "Canada" at the end, the words "orany province thereof or in any securities the principal and interest of whichare guaranteed by Canada or any province thereof";

(e) in section 50, by striking out the words "the Province," where-ever theyappear in the second sentence, and substituting the words "any provincethereof,"; and by inserting, after the words "province thereof" where it firstappears as amended, the words "or securities of the Municipal FinanceAuthority of British Columbia"; and

(f) by repealing section 51 and substituting the following

Investments

"51. Except as otherwise provided, moneys to the creditof any fund or funds may be invested or reinvested in(a) securities of the Government of Canada or anyprovince thereof;(b) securities the principal and interest of which areguaranteed by the Government of Canada or any provincethereof;(c) securities of a regional district, or any of them;(d) securities of the Municipal Finance Authority of BritishColumbia;



(e) investments guaranteed by any chartered bank; and(f) deposits in, or shares or other evidences of indebtednessof, a credit union incorporated under the Credit UnionsAct."

1974-59-2.

Resort Municipality of Whistler

233. Notwithstanding the Resort Municipality of Whistler Act,

(a) the election of the mayor and aldermen of the Resort Municipality ofWhistler on September 6, 1975,

(b) the appointment of one alderman of the Resort Municipality of Whistler onSeptember 2, 1975 by Order in Council 598/75,

(c) all by-laws passed and things done by the council of the ResortMunicipality of Whistler so elected or appointed, and

(d) all regulations respecting the Resort Municipality of Whistler made by theMinister of Municipal Affairs,

are validated and confirmed, and no action shall be taken against the ResortMunicipality of Whistler, the council, or its members in respect of anything doneor passed in the purported exercise of a power or authority under the ResortMunicipality of Whistler Act or the Municipal Act up to the coming into force ofthis section.

1976-37-1.

Comox-Strathcona Letters Patent

234. The Supplementary Letters Patent issued to the Regional District ofComox-Strathcona dated May 15, 1978, and Order in Council 1253/78 approvedon May 15, 1978, authorizing their issue are confirmed and validated.

1978-31-6.

East Kootenay Letters Patent

235. Division XI of the Letters Patent of the Regional District of East Kootenay issuedby Supplementary Letters Patent on May 29, 1975 shall be deemed to beamended in section 3 by the insertion of "except, that for the year 1978 it shall notexceed the product of 4 mills on the taxable assessed values referred to," after "allthe member municipalities".

1978-31-6.



City of Vancouver

Refund of taxes paid by Canadian Pacific Limited for Pier B-C

236. The City of Vancouver is authorized to refund an amount not exceeding $86116.84 to Canadian Pacific Limited consisting of a portion of the 1980 realproperty taxes paid in advance by Canadian Pacific Limited under the terms of alease dated December 30, 1967 between Her Majesty in right of Canada asrepresented by the National Harbours Board, lessor, and Canadian PacificLimited, lessee, for Pier B-C and the bed and foreshore on which it is situated inthe City of Vancouver.

1890-39-4.

Pier B-C Development Board exemption from taxation

237. (1) In subsection (2), "leased property" means the property referred to as "designatedpremises" in a lease, or any renewal of it, entered into on June 30, 1980 betweenthe National Harbours Board, lessor, and Pier B-C Development Board Ltd.,lessee, in respect of the bed and foreshore in Burrard Inlet in the City ofVancouver on which Pier B-C is located.

(2) Where the leased property is occupied by Pier B-C Development Board Ltd., itssuccessors or assigns, under the lease referred to in subsection (1), that property isexempt from any tax, rate, duty or assessment that may, under any enactment, belevied, raised or assessed against it or any facilities, machinery, equipment orother property located on it.

1980-39-4.

Extension of borrowing power

238. Notwithstanding section 245 of the Vancouver Charter, the period during whichthe City of Vancouver is authorized to borrow $1 365 976, which is theunborrowed portion of $3 500 000 authorized to be borrowed for "urban renewal"on September 29, 1965 pursuant to section 245 of the Vancouver Charter, isextended to December 31, 1980.

1980-39-4.



City of Kelowna

Bylaw may provide for private sewage collection

239. The Council of the City of Kelowna may, by bylaw approved by the minister, Fixthe rates and terms under which a person, other than the municipality, willprovide a sewage collection and disposal system.

1980-39-4.




Validation of payments to Exhibition Park

240. Notwithstanding the Municipal Act and the Letters Patent of the Regional Districtof Nanaimo, the payments made by the Regional District of Nanaimo to the Cityof Nanaimo on(a) September 24, 1974 in the amount of $83 557,

(b) March 30, 1977 in the amount of $50 000,

(c) November 28, 1977 in the amount of $50 000, and

(d) January 21, 1978 in the amount of $50 000,

as part of the annual net cost attributable to the operation and maintenance of therecreational complex of Exhibition Park, Nanaimo, under the Letters Patent of theRegional District of Nanaimo, are validated and confirmed from the dates of therespective payments.

1981-21-68.



City of Prince George

Validation of bylaw

241. Notwithstanding

(a) a decision of a court to the contrary, made before or after the coming intoforce of this section,

(b) the provisions of the Municipal Act, or

(c) the bylaws of the City of Prince George,

City of Prince George Bylaw No. 3482 shall be deemed not to be invalid ordefective by reason only of non-compliance with section 720 of the MunicipalAct and City of Prince George Bylaw No. 2532.

1981-21-68.

Not yet in force

242. [Not yet in force]



Local Services Act

Validation of zoning regulations

243. (1) A regulation purporting or purported to have been made under the Local ServicesAct, R.S.B.C. 1960, c. 224, or R.S.B.C. 1979, c. 247, shall be conclusivelydeemed to have been validly in force from the time that it would have beenvalidly in force had any zoning map referred to in the text of the regulation been(a) published in compliance with the Local Services Act, and

(b) filed or deposited with the Registrar of Regulations in compliance with theRegulations Act,

notwithstanding that a requirement referred to in paragraph (a) or (h) was notmet.

(2) Subsection (1) applies to retroactively validate any regulation described in thatsubsection, to the extent provided by that subsection, notwithstanding any orderof any court to the contrary.

1990-59-3.



Ganges, Salt Spring Island

Validation of Letters Patent

244. Notwithstanding

(a) a decision of a court to the contrary, made before or after the coming intoforce of this section, or

(b) the provisions of the Municipal Act,

the Supplementary Letters Patent of the Capital Regional District datedDecember 28, 1967, February 12, 1971, March 8, 1972, October 4, 1975, March3, 1977, March 30, 1978 and October 29, 1980 shall be deemed not to be invalidor defective by reason only of non-compliance with section 766 of the MunicipalAct, R.S.B.C. 1960, c. 255 or section 767 of the Municipal Act, R.S.B.C. 1979, c.290.

1981-21-68.



City of Port Moody

Bylaw enabling

245. (1) Notwithstanding the provisions of the Municipal Act, the council of the City ofPort Moody may adopt the bylaws cited as(a) "City of Port Moody North Shore Specified Area By-law, 1976 No. 1305,

Amendment By-law No. 1523" given second reading by the council onJune 16, 1981, and

(b) "City of Port Moody Provincial North Shore Services InstallationAgreement Authorization By-law 1981 No. 1524" given second reading bythe council on June 16, 1981.

(2) Notwithstanding the provisions of the Municipal Act, the council of the City ofPort Moody, on the adoption of the bylaws referred to in subsection (1), isauthorized and empowered to do all things required in those bylaws and requiredin any agreements, as amended from time to time, referred to in those bylaws.

1981-21-68.



Sections 246 to 284

Validation of land use contract

246. The land use contract between the Cariboo Regional District and 105 Mile RanchLtd., registered in the land title office at Kamloops under No. H17889 on April18, 1973, is validated and is effective from the date of its registration and it shallbe deemed not to be invalid or unenforceable by reason only that the approvals,procedures or adoptions concerning it under section 798A of the Municipal Act,R.S.B.C. 1960, c. 255, were not followed.

1982-23-1.

Validation of agreement for waste disposal

247. (1) Notwithstanding any other enactment or law to the contrary, the City ofVancouver, the Municipality of Delta and the Greater Vancouver Sewerage andDrainage District may enter into an agreement respecting the disposal of waste inthe Corporation of Delta substantially in the form filed with the Deputy Ministerof Environment and certified by him as the agreement referred to in this section.

(2) Notwithstanding any other enactment or law to the contrary, but in accordancewith the terms of the agreement entered into under subsection (1),(a) the Greater Vancouver Sewerage and Drainage District may dispose of

waste, and(b) the City of Vancouver may receive, deposit, dispose of and store waste, on

the land described in the agreement as the Burns Bog Landfill Site and theSupplementary Landfill Site.

1983-20-43.

Authorization to levy charge

248. Notwithstanding the Municipal Act or any other law to the contrary, the Districtof Abbotsford may levy the charges authorized by the District of AbbotsfordBylaws Nos. 682-1982, 683-1982 and 684-1982 on any person who makes aconnection within the extensions of water works, sanitary sewer works and stormdrainage works installed by Mountain Village Developments Ltd. in the Districtof Abbotsford.

1983-20-43.

North Vancouver Water District membership

249. (1) In this section

"city" means The Corporation of the City of North Vancouver;

"district" means the Greater Vancouver Water District.

(2) Notwithstanding the Greater Vancouver Water District Act, the Municipal Act orany other enactment,(a) the city is empowered, by resolution of its council and agreement with the

district, to become a member of the district,(b)



when the resolution referred to in paragraph (a) has been passed and theagreement to become a member is executed by both parties, the city shallbe a member of and is added to the district and has the rights, duties andobligations of a municipality added to the district under section 82 of theGreater Vancouver Water District Act, and

(c) the agreement dated as of the 1st day of August, 1983 between the districtand the city concerning, among other things, the transfer of certain assetsfrom the city to the district and the supply of water from the district to thecity, is validated and confirmed and is binding on the parties to it.

(3) Subsection (2) (c) shall he deemed to have come into force on August 1, 1983,and is retroactive to the extent necessary to give it effect on and after that date.

1984-26-82 (B.C. Reg. 164/84).

Repealed

250. Repealed. [2008-5-90 (B.C. Reg. 142/2008)]

Metchosin validation

251. (1) The amendment to the Letters Patent of the municipality of the District ofMetchosin made by order of the Lieutenant Governor in Council 1722/84 isconfirmed and validated, effective September 27, 1984.

(2) The amendment to the Letters Patent of the municipality of the District ofMetchosin authorized by order of the Lieutenant Governor in Council 538/85 isconfirmed and validated, effective at the commencement of the 1985 taxationyear.

1985-75-14 (B.C. Reg. 259/96).

Colwood validation

252. Section 21 of the Letters Patent of the City of Colwood authorized by order of theLieutenant Governor in Council 535/85 is confirmed and validated.

1985-75-14 (B.C. Reg. 259/96).

Cariboo Regional District agreement validation

253. (1) The agreement dated October 31, 1984 between

(a) the Cariboo Regional District, and

(b) Weldwood of Canada and Daishowa Marubeni International Limited,carrying on business under the name of Cariboo Pulp & Paper Company,

respecting sewage disposal is confirmed and validated and is binding on theparties to it.

(2) If, under the agreement, the Cariboo Regional District is required to indemnifythe other parties to the agreement, the Cariboo Regional District may, without theassent of the electors, adopt a loan authorization bylaw to meet the cost of theindemnification and may, by bylaw, allocate the cost to areas of the regionaldistrict, specified in the bylaw, that the regional board considers have benefited orwill benefit from the sewage disposal facility referred to in the agreement.

(3) For the purpose of raising the money to pay the cost referred to in subsection (2),section 674 (3) of the Municipal Act applies to the areas specified in the bylaw.



1985-75-14 (B.C. Reg. 259/96).

Surrey validation

254. (1) The agreement dated November 28, 1974 between the Corporation of the Districtof Surrey and James Henry Keeling is confirmed and validated and is binding onboth parties.

(2) The indenture dated May 29, 1984 between the Corporation of the District ofSurrey and Orangeville Raceway Ltd. is confirmed and validated and is bindingon both parties.

1985-75-14 (B.C. Reg. 259/96).

Chetwynd Ice Arena validation

255. The amendments to the Letters Patent of Peace River-Liard Regional Districtauthorized by order of the Lieutenant Governor in Council 688/85 are confirmedand validated, effective at the commencement of the 1984 taxation year.

1985-75-14 (B.C. Reg. 259/96).

Retroactive effect

255.1 (1) Sections 251 to 255, brought into force on September 20, 1996 by B.C. Reg.259/96, are deemed to have come into force on December 2, 1985 and areretroactive to the extent necessary to give them effect on and after that date.

(2) All things done that would have been validly done had sections 251 to 255 in factbeen in force on and after December 2, 1985 are conclusively deemed to havebeen validly done.

(3) This section is retroactive to the extent necessary to give full force and effect toits provisions and must not be construed as lacking retroactive effect in relation toany matter by reason that it makes no specific reference to that matter.

1997-25-156.

Quesnel sewer agreement validation

256. (1) The agreement dated January 13, 1986 between

(a) the City of Quesnel, and

(b) Weldwood of Canada and Daishowa Marubeni International Limited,carrying on business under the name of Cariboo Pulp & Paper Company,

respecting sewage disposal is confirmed and validated and is binding on theparties to it.

(2) If, under the agreement, the City of Quesnel is required to indemnify the otherparties to the agreement, the City of Quesnel may, without the assent of theelectors, adopt a loan authorization bylaw to meet the cost of the indemnification.

1986-20-1.

Kamloops tax bylaw validation

257. (1) Notwithstanding

(a) the Municipal Act,

(b) the bylaws of the City of Kamloops, and



(c) a decision of a court to the contrary, made before or after the coming intoforce of this section,

a tax is by this section imposed on each parcel of land as set out in the FrontageTax Assessment Rolls prepared before or after the coming into force of thissection by the Clerk of the City of Kamloops with respect to the LocalImprovement Construction By-Law Number 13-133 adopted by the City ofKamloops on or about June 24, 1980, and the levy of the tax as set out in thoseFrontage Tax Assessment Rolls shall be deemed to be valid and effective for thetaxation years 1983 through 2003.

(2) Subsection (1) shall be deemed to have come into force on March 25, 1983, andis retroactive to the extent necessary to give it effect on and after that date.

(3) Notwithstanding this section, where a taxpayer did not pay taxes owing in respectof the 1985 taxation year in respect of land referred to in subsection (1), for thepurposes of the application of any penalty or interest to those unpaid taxes, thosetaxes shall be deemed not to have been owing in 1985 and shall instead hedeemed to be owing as 1986 taxation year taxes, in addition to taxes otherwisepayable for the 1986 taxation year.

1986-20-1.

Richmond park land exchange

258. (1) Notwithstanding the Land Title Act or any other Act,

(a) Lot 84 of Section 4, Block 4 North, Range 6 West, Plan 53157, NewWestminster District registered in the land title office at New Westminsterunder Certificate of Indefeasible Title No. RD55103E, and

(b) Lot 98 of Section 4, Block 4 North, Range 6 West, Plan 62391, NewWestminster District registered in the land title office at New Westminsterunder Certificate of Indefeasible Title No. RD146924Ein the Municipality of Richmond are vested in the Corporation of theTownship of Richmond free from any restriction or trust that the lands beused only for park purposes as provided for in the deed registered in theland title office at New Westminster under No. RD55102E.

(2) The council of the corporation may do all necessary acts and things required toexchange all or part of the lands for all or part of the property in the Municipalityof Richmond described as Lot 81 of Sections 3 and 4, Block 4 North, Range 6West, Plan 50405 Except Part subdivided by Plan 53157, New WestminsterDistrict and registered in the land title office at New Westminster underCertificates of Indefeasible Title Nos. Y154521E and Y156115E.

(3) The titles to the property described in subsection (2) when vested in thecorporation and the title to any property formerly subject to the trust for parkpurposes which is not so exchanged shall be recorded as being subject to the trustfor park purposes.

1986-20-1.

Victoria Convention Centre lease exemption


"convention centre property" means all or any part of the land and improvements inthe City of Victoria, Capital Assessment Area, legally described as Lot A of Lots 171,



207, 209, 210, 211, 212, 213, 214, 215, 228 and 1270-B, Victoria City and of Section 6,Victoria District, Plan 23703 which may be leased to The Corporation of the City ofVictoria;"land and "improvements"" have the same meaning as they have in the AssessmentAct.(2) Convention centre property that is leased to The Corporation of the City of

Victoria for any purpose directly or indirectly related to the construction oroperation of a convention centre, including retail sales establishments and parkingareas, is exempt from real property taxation under any Act and, more particularly,is exempt from real property taxation under the following Acts, for as long as theproperty is leased to the City:(a) Assessment Authority Act;

(b) British Columbia Transit Act;

(c) Education ( Interim) Finance Act;

(d) Hospital District Act;

(e) Library Act;

(f) Municipal Act;

(g) Municipal Finance Authority Act;

(h) Park (Regional) Act.1986-16-25 (B.C. Reg. 156/86).

Kelowna Convention Centre lease exemption


"convention centre property" means all or part of the land and improvements in theCity of Kelowna, Kelowna Assessment Area, legally described as Lots A and B of Plan14453, Section 26, Township 19, O.D.Y.D. which may be leased to the City ofKelowna;"land and "improvements"" have the same meaning as they have in the AssessmentAct.(2) Convention centre property that is leased to the City of Kelowna for any purpose

directly or indirectly related to the construction or operation of a conventioncentre, including retail sales establishments and parking areas, is exempt fromreal property taxation under any Act and, more particularly, is exempt Irma realproperty taxation under the following Acts, for as long as the property is leased tothe City:(a) Assessment Authority Act;

(b) British Columbia Transit Act;

(c) Education ( Interim) Finance Act;

(d) Hospital District Act;

(e) Library Act;

(f) Municipal Act;

(g) Municipal Finance Authority Act;

(h) Park (Regional) Act.



1986-16-25 (B.C. Reg. 156/86).

Powell River tax refund

261. For the purpose of assisting the District of Powell River to refund to MacMillanBloedel Limited money paid by way of taxes on the Powell River Pulp and PaperMill,(a) the Minister of Finance may, out of the consolidated revenue fund, make a

loan to the District of Powell River on the terms and conditions he thinkslit, and

(b) the District of Powell River may, notwithstanding the Municipal Act, enterinto(i) an agreement with the Minister of Finance for the repayment, over a

term of years, of the loan made under paragraph (a), and(ii) an agreement with MacMillan Bloedel Limited for the payment,

over a term not exceeding 10 years and with interest at a rate to beagreed upon, of the balance of the refund remaining unpaid afterpayment to MacMillan Bloedel Limited of the proceeds of the loanmade under paragraph (a) and of an amount from existing reservefunds of the District.

1986-16-25 (B.C. Reg. 156/86).

Port Moody bylaw enabling and validation

262. (1) Notwithstanding the provisions of the Municipal Act, the adoption by the councilof the City of Port Moody of the bylaws cited as(a) A by-law of the City of Port Moody to authorize the execution of an

agreement with Carina Developers Ltd. By-law, 1986, No. 1319", and(b) "A by-law of the City of Port Moody to authorize the execution of an

agreement with the Province of British Columbia By-law, 1986, No. 1820"and the bylaws, themselves, are confirmed and validated from the date of theadoption.

(2) Notwithstanding the provisions of the Municipal Act, the council of the City ofPort Moody is authorized and empowered to do all things required and enabledby the bylaws referred to in subsection (1) and by any agreements, as amendedfrom time to time, referred to in those bylaws.

(3) Notwithstanding the Land Title Act and the Municipal Act, the covenants enteredinto by the parties to the agreements referred to in subsection (2) that in any wayconcern land or a building on or to be erected on land, shall he conclusivelydeemed for the purposes of section 215 of the Land Title Act, to be covenants inrespect of the use of land or the use of a building on or to be erected on land.

1987-42-82.

Kitimat gas tax validation

263. (1) Pacific Northern Gas Ltd. shall pay to the District of Kitimat a tax equal to 1% ofthe amount received by it for gas sold by it to the British Columbia GasCorporation for resale to Ocelot Industries Limited or any of its subsidiaries forconsumption by Ocelot Industries Limited or any of its subsidiaries withinKitimat during the years 1982 to 1985 inclusive.



(2) The tax imposed by subsection (1) may he collected as though it had been validunder section 407 (2) of the Municipal Act.

1987-43-59 (B.C. Reg. 391/87).

Central Kootenay – Enabling

264. (1) The Regional District of Central Kootenay is empowered to carry out by itself orits agents the function of garbage disposal by any method of waste reduction,including the application of heat, and for this purpose may, subject to subsection(2), enter into and become bound by an agreement to finance, install and operatefor a period of not more than 20 years an incineration system relating to thatfunction for those member municipalities participating in it.

(2) The requirements imposed on a regional board by section 767 (4) of theMunicipal Act do not apply in respect of the function conferred by subsection (1),but the agreement referred to in that subsection has no effect until approved bythe minister.

1987-59-15; 1989-31-13.

Elkford and Sparwood tax refunds

265. For the purpose of assisting the District of Elkford and the District of Sparwoodto refund money erroneously paid by way of taxes,(a) the Minister of Finance and Corporate Relations may, out of the

consolidated revenue fund, make loans to each of them on the terms andconditions he thinks fit, and

(b) each of them may, notwithstanding the Municipal Act, enter into anagreement with the Minister of Finance and Corporate Relations for therepayment, over a term of years, of the loan made under paragraph (a).

1987-60-19.

Burnaby Official Community Plan validation

266. Notwithstanding section 187 of this Act and section 296 of the Municipal Act, theOfficial Community Plan Bylaw No. 8873 of the Corporation of the District ofBurnaby is confirmed and validated.

1988-49-1.

Revelstoke dredging borrowing validation

267. Notwithstanding section 320 of the Municipal Act, the agreement datedNovember 23, 1987 between the City of Revelstoke and the British Columbiahydro and Power Authority, providing for borrowing to a maximum of $200 000for the purposes of dredging the Illecillewaet River, is confirmed and validatedand is binding on the parties to it.

1988-49-1.

G.V.R.D. coordinated emergency telephone system

268. The Lieutenant Governor in Council may, by supplementary letters patent,authorize the Greater Vancouver Regional District to enter into agreements withspecified municipalities outside its boundaries under which the district mayprovide coordinated emergency telephone number services to those



municipalities.1988-49-1.

Prince George water rates validation

269. (1) Notwithstanding

(a) the Municipal Act,

(b) the bylaws of the City of Prince George, or

(c) a decision of a court to the contrary made before or after the coming intoforce of this section,

the City of Prince George is authorized to provide a water supply system and toimpose taxes, rates and charges in respect of that system in accordance with thebylaw cited as "Specified Area Water Services Blackburn - Airport Hill BylawNo. 2968, 1976" given third reading by the City of Prince George on December28, 1976.

(2) Subsection (1) shall be deemed to have come into force on December 28, 1976,and is retroactive to the extent necessary to give it effect on and after that date.

(3) A tax, rate or charge that would have been validly collected had Bylaw No. 2968been in force at the time it was collected shall he deemed to have been validlycollected as though the bylaw referred to in subsection (1) were in force at thattime.

1988-49-1.

Fort Nelson-Liard and Peace River Regional Districts validation

270. (1) The following are confirmed and validated, effective October 31, 1987:

(a) the Letters Patent of the Fort Nelson-Liard Regional District and of thePeace River Regional District authorized by order of the LieutenantGovernor in Council 2123/87;

(b) the amendments to the Letters Patent of the Town of Fort Nelsonauthorized by order of the Lieutenant Governor in Council 2124/87;

(c) the Letters Patent of the Fort Nelson-Liard Regional Hospital Districtauthorized by order of the Lieutenant Governor in Council 2283/87:

(d) the Supplementary Letters Patent of the Peace River Regional HospitalDistrict authorized by order of the Lieutenant Governor in Council2284/87.

(2) Appendix E of the Letters Patent of the Fort Nelson-Liard Regional District isamended so that Division XXII - Solid Waste Disposal - applies to Areas A andB.

(3) Subsections (1) and (2) shall be deemed to have come into force on October 31,1987 and are retroactive to the extent necessary to give them effect on and afterthat date.

1988-49-1.

Esquimalt tax rate amendment validation

271. (1) Notwithstanding section 273 of the Municipal Act, the District of Esquimalt mayadopt the bylaw cited as "Tax Rates Bylaw, 1987, Amendment Bylaw (No. 1),1988, No. 1882" given third reading on March 21, 1988.



(2) The tax rates imposed under the bylaw referred to in subsection (1) shall beconclusively deemed to have been validly imposed effective January 1, 1987.

1988-49-1.

Tumbler Ridge – validation of loan and authority to write off debt

272. Notwithstanding section 292 of the Municipal Act, the provision of the agreementdated May 31, 1983 among The District of Tumbler Ridge, Northland Utilities(B.C.) Limited and Quintette Coal Limited by which the District of TumblerRidge agreed to provide a refundable financial contribution to Northland Utilities(B.C.) Limited is confirmed and validated, and the District of Tumbler Ridge isauthorized to write off all or part of the financial contribution made by theDistrict under that agreement.

1988-46-2.

Okanagan-Similkameen Bylaw No. 908 validation

273. (1) The bylaw known as 113 Specified Area Establishment and Loan AuthorizationBylaw No. 908, 1986" ("Bylaw No. 908") adopted on December 30, 1986 by theboard of the Okanagan-Similkameen Regional District is conclusively deemed tohave been(a) validly adopted in all respects on that date, and

(b) in force since it was adopted on that date

as a bylaw made under the authority of section 770 (1) of the Municipal Act,notwithstanding that the bylaw may not have been read, approved and adopted inconformity with the Municipal Act or with any condition with respect to thereading, approval and adoption of the bylaw contained in the Municipal Act.

(2) Bylaw No. 908 shall be conclusively deemed to

(a) authorize and empower the board of the Okanagan-Similkameen RegionalDistrict to establish an electrical service by means of an extension toexisting electric power lines of the British Columbia Hydro and PowerAuthority in the manner that the electrical service has been providedsubsequent to the adoption of Bylaw No. 908,

(b) authorize borrowing, on the credit of the regional district, of a sum notexceeding $650 000, and

(c) require owners of lands located within electoral area II of theOkanagan-Similkameen Regional District to hear the costs of providing theelectrical service in the manner specified in section 2 of Bylaw No. 908

(3) The validation provisions of subsections ( 1) and (2) apply notwithstanding anyorder of any court respecting Bylaw No. 908 and its validity.

(4) All acts taken by the regional district or any director, officer or employee of theregional district under or in pursuance of the bylaw, and all contracts, debenturesand other things done under or in pursuance of the bylaw, including those thingsauthorized, empowered or required under subsection (2), shall be conclusivelydeemed to have been taken, done, authorized, empowered or required as thoughBylaw No. 908 were validly in force at the time they were taken, done,authorized, empowered or required notwithstanding any order of any court to thecontrary.

(5) The board may, by resolution, impose a cost sharing formula that apportions thecosts, both within the specified area covered by Bylaw No. 908 and throughout



the Okanagan-Similkameen Regional District generally, to cover the cost ofproviding the electrical service provided under Bylaw No. 908.

(6) A resolution under subsection (5) shall be approved by the Minister of MunicipalAffairs, but no other approval or requirement under Part 24 of the Municipal Actor otherwise is required for the formula to take effect.

(7) Where there is an inconsistency between the formula under subsection (5) and thecost sharing mechanism in Bylaw No. 908, the formula prevails.

1988-50-1; 1989-31-14.

Validation of specified area bylaws

274. (1) Notwithstanding that a regional district does not have a power conferred byletters patent to provide a work or service, a bylaw of a regional district intendedto establish a specified area for the provision of that work or service, that wouldhave been validly adopted had the regional district been a district municipality, isconclusively deemed to have been validly adopted on the date of its adoption andto have been in force since that date.

(2) Everything done that would have been validly done had the bylaw referred to insubsection (1) been validly adopted on the date it was adopted shall beconclusively deemed to have been validly done.

(3) This section is retroactive to the extent necessary to give full force and effect toits provisions and shall not be construed as lacking retroactive effect in relation toany matter by reason that it makes no specific reference to that matter.

1989-59-29.

Cariboo and Thompson-Nicola joint library system

275. (1) Notwithstanding section 797 of the Municipal Act,

(a) the agreement dated September 8, 1988 between the Province and theCariboo Regional District providing for borrowing from the Province to amaximum outstanding amount of $460 000, and

(b) the agreement dated September 8, 1988 between the Province and theThompson-Nicola Regional District providing for borrowing from theProvince to a maximum outstanding amount of $840 000,

for the purposes of the Cariboo Thompson-Nicola joint library system, areconfirmed and validated and are binding on the parties to them.

1989-31-15.

Regional District of Nanaimo solid waste management

276. (1) Notwithstanding section 797 of the Municipal Act, the Regional District ofNanaimo may, for the purposes of the function of solid waste managementconferred by the issue of supplementary letters patent authorized by order of theLieutenant Governor in Council 258/89, enter into agreements, for terms of notmore than 20 years, respecting the supply and operation of a solid waste recoveryprocessing plant relating to that function.

(2) An agreement under subsection (1) has no effect unless it is approved by theminister.

1989-31-15.

City of Kelowna Curling Club lease



277. Notwithstanding section 679 (2) of the Municipal Act, the City of Kelowna may,without the assent of the electors, enter into and become bound by an agreementto amend and extend for a further 12 year period the existing lease datedNovember 29, 1977 between the City of Kelowna and the Kelowna Curling Club.

1989-31-15.

Town of Smithers loan bylaw validation

278. (1) Notwithstanding sections 328 and 330 of the Municipal Act, the adoption onSeptember 13, 1988 by the council of the Town of Smithers of the loanauthorization bylaw cited as "Water Mainline Loan Authorization Bylaw No.824, 1988" and the bylaw itself are confirmed and validated from the date ofadoption.

(2) This section shall be deemed to have come into force on September 13, 1988 andis retroactive to the extent necessary to give it effect on and after that date.

1989-31-15.

Town of View Royal incorporation validation

279. (1) Notwithstanding sections 6 and 7 of the Municipal Act, the incorporation of' theTown of View Royal and the Letters Patent of the Town of View Royal,authorized by order of the Lieutenant Governor in Council 1909/88, areconfirmed and validated effective October 15, 1988.

(2) All things done that would have been validly done had the Town of View Royalbeen validly incorporated at the time they were done shall he conclusivelydeemed to have been done with full legal capacity, and all legal consequences ofthose actions shall be conclusively deemed to be those that would have resultedhad the Town of View Royal been validly incorporated at the time they weretaken.

(3) This section shall be deemed to have come into force on October 15, 1988 and isretroactive to the extent necessary to give full force and effect to its provisions onand after that date and shall not be construed as lacking retroactive effect inrelation to any matter by reason that it makes no specific reference to that matter.

1989-31-15.

Pacific Northern Gas franchise agreement

280. Notwithstanding section 646 of the Municipal Act, the following municipalitiesmay, by bylaw adopted without the assent of the electors, enter into an exclusiveor limited franchise agreement with Pacific Northern Gas Ltd. for a term notexceeding 21 years to supply gas service to the residents of the municipality:(a) the District of Vanderhoof;

(b) the Village of Burns Lake;

(c) the District of Houston;

(d) the Town of Smithers;

(e) the City of Terrace;

(f) the District of Kitimat;



(g) the City of Prince Rupert.1989-32-9.

City of Port Moody industrial sewer charges

281. (1) Notwithstanding section 612 (2) of the Municipal Act, the adoption on December12, 1988 by the council of the City of Port Moody of the bylaw cited as "BylawNo. 1948 - A Bylaw of the City of Port Moody to Impose Charges for the Use ofthe Sanitary Sewer System", and the bylaw itself, establishing sewerage chargesfor industrial users on the basis of the volume of effluent discharged by the user,are confirmed and validated from the date of adoption.

(2) Subsection (1) shall be deemed to have come into force on December 12, 1988and is retroactive to the extent necessary to give it effect on and after that date.

(3) A charge that would have been validly collected had the bylaw referred to insubsection (1) been in force at the time it was collected shall be deemed to havebeen validly collected as though the bylaw were in force at that time.

1989-32-9.

Vancouver - validation of bylaw

282. (1) By-law No. 6517 of the Council of the City of Vancouver and Order in CouncilNo. 978/89 approving that by-law are confirmed and validated.

(2) Subsection (l) shall be deemed to have come into force on July 4, 1989 and isretroactive to the extent necessary to give it effect on and after that date.

1989-73-4.

Okanagan-Kootenay Sterile Insect Release Board


"destructive insect pests" means

(a) the insect pest known commonly as the codling moth and scientifically asCydia pomonella, and

(b) other species of insect pests prescribed by regulation under subsection (8)(a);

"participating regional districts" means the regional districts which establish a sterileinsect release service under subsection (2);"sterile insect release board" means the Okanagan-Kootenay Sterile Insect ReleaseBoard established under subsection (2);"sterile insect release service" means a service provided under subsection (2) tocontrol destructive insect pests by means of a program that includes the release of sterileinsects.(2) The Regional Districts of

(a) Okanagan-Similkameen,

(b) Central Okanagan,

(c) North Okanagan,

(d) Columbia-Shuswap, and



(e) Central Kootenay

may establish and operate, by bylaw, an extended service of sterile insectrelease through participation with other regional districts empowered underthis subsection in the establishment and operation of a board to be knownas the Okanagan-Kootenay Sterile Insect Release Board that, as agent forthe participating regional districts, will provide the sterile insect releaseservice.

(3) Notwithstanding that the establishment of a sterile insect release service requiresthe borrowing of money or that a proposed participating area for a sterile insectrelease service does not include all of a municipality or electoral area, assent ofthe electors in a proposed participating area may be waived and consent given onbehalf of those electors,(a) in the case of a proposed municipal participating area, in accordance with

section 799 of the Municipal Act, and(b) in the case of a proposed electoral participating area, in accordance with

section 800 of the Municipal Act.(4) Notwithstanding section 813.1 (3) of the Municipal Act, the regional district

boards that establish a sterile insect release service may, by loan authorizationbylaws adopted without assent of the electors, borrow amounts for the purposesof the service that, in the aggregate for those regional districts, do not exceed $3.5million.

(5) The sterile insect release board shall, when established by the participatingregional districts, constitute a corporation to which, subject to subsection (6), theCompany Act does not apply.

(6) The Lieutenant Governor in Council may, by order, direct that one or moreprovisions of the Company Act apply to the sterile insect release board and, wherethis is done, those provisions apply accordingly.

(7) The sterile insect release board shall not

(a) borrow money, or

(b) without the approval of the participating regional districts, incur liabilities.

(8) The Lieutenant Governor in Council may, by regulation,

(a) prescribe species of destructive insect pests in respect of which a sterileinsect release service may be provided,

(b) provide that

(i) the Minister of Agriculture and Fisheries,

(ii) the Minister of Agriculture (Canada), and

(iii) the British Columbia Fruit Growers' Association may appoint one ormore persons as non-voting members of the sterile insect releaseboard,

(c) prescribe the cost recovery mechanism by which the costs of providing asterile insect release service shall he recovered, including, notwithstandingsection 482 of the Municipal Act, authorizing the participating regionaldistricts to recover a portion of those costs by means of a parcel tax thatmay vary according to(i) the size of the parcel,

(ii) the type of plants growing or capable of growing on the parcel, and



(iii) the quantity of specific kinds of plants growing on the parcel,

(d) make special provisions respecting

(i) expenditures for a sterile insect release service,

(ii) the basis on which the costs of providing a sterile insect releaseservice through the agency of the sterile insect release board shall beapportioned among the participating regional districts, and

(iii) other matters in relation to a sterile insect release service that theLieutenant Governor in Council considers necessary or advisable,

(e) require owners and occupiers of real property to clear their property ofdestructive insect pests and to prevent infestation of their property bydestructive insect pests, and

(f) empower the sterile insect release board, by its employees or other persons,to enter on real property at reasonable times and in a reasonable manner(i) to effect the release of sterile insects, and

(ii) in cases where an owner or occupier of real property has failed tocomply with a requirement for clearing or prevention of infestationreferred to in paragraph (e), to effect the clearing or prevention, atthe expense of the person who has failed to comply, by any meansconsidered advisable by the sterile insect release hoard, including theapplication of insecticides and other chemicals and the removal anddestruction of plants which are or which are likely to be subject toinfestation by destructive insect pests.

(9) The sterile insect release board

(a) may enforce a regulation under subsection (8) le) as if the regulation werea bylaw of a regional district, and

(b) for the purposes of paragraph (a), has all the power and authority of aregional district board under sections 308 to 310 and 750 of the MunicipalAct and those sections, as they apply to enforcement of a bylaw, apply tothe enforcement of a regulation under subsection (8) (e).

(10) Where the sterile insect release board effects clearing or prevention of infestationon property under the authority of a regulation under subsection (8) (f) (ii),(a) the costs of the clearing or prevention, if unpaid by the person at whose

expense the work was done on or before December 31 in the year that thework was done, shall he added to and form part of the taxes payable on theproperty as taxes in arrear, and

(b) no compensation shall he payable by the sterile insect release board forplants or plant materials removed or destroyed under that authority.

(11) For the purposes of establishing and operating a sterile insect release service in1989, the participating regional districts may, by bylaw adopted without assent ofthe electors,(a) notwithstanding section 807.1 of the Municipal Act, make expenditures for

the service, and(b) notwithstanding section 812 (1) of the Municipal Act, borrow money

required for expenditures authorized under paragraph (a).(12) Where money is borrowed under the authority of subsection (11) (b), it shall be

included with the anticipated costs relating to the sterile insect release service in1990 and, when recovered with those costs, shall be repaid.

1989-73-4; 1990-59-4.



Whistler Convention Centre and Whistler Golf Course

284. (1) The Resort Municipality of Whistler is empowered to enter into an agreementwith the Whistler Resort Association for a term of 20 years, extendable from timeto time provided the total term does not extend beyond 100 years after the date onwhich the municipality first enters into an agreement under this section, underwhich the municipality may be obligated to remit to the Whistler ResortAssociation, for the purposes of financing the operation of the WhistlerConvention Centre and the Whistler Golf Course by the Whistler ResortAssociation, a portion of the hotel room tax that the municipality receives underthe Hotel Room Tax Act.

(2) Notwithstanding section 410 of the Municipal Act, the following land andimprovements that comprise the Whistler Convention Centre and the WhistlerGolf Course and that are occupied by the Whistler Resort Association as tenantunder an existing lease are exempt from taxation under any enactment:(a) Resort Municipality of Whistler, Parcel Identifier 007-449-917, Lot B,

District Lot 1755, Plan 16516;(b) Resort Municipality of Whistler, Parcel Identifier 007-317-859, Block A,

except part in Plan 21220, District Lot 4751, Plan 17369;(c) Resort Municipality of Whistler, Parcel Identifier 007-195-770, Block P,

except part in Reference Plan 21220, District Lot 4750, Plan 18266;(d) Resort Municipality of Whistler, Parcel Identifier 015-223-256, Block E,

District Lot 4752;(e) Resort Municipality of Whistler, Parcel Identifier 015-223-221, Block A,

District Lot 3877;(f) Resort Municipality of Whistler, Parcel Identifier 003-025-136, Lot 62,

District Lot 3020, Plan 20689;(g) Resort Municipality of Whistler, Parcel Identifier 007-120-184, Lot 40,

except portions in Plans 21429 and 22561, District Lot 1902, Plan 18662.1989-73-4; 1990-59-5.



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