PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 286, Approved and Ordered June 14, 2018 Executive Council Chambers, Victoria Lieutenant Governor On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the regulations set out in the attached Schedule are amended as set out in that Schedule. Minister of Municipal Affairs and Housing Presiding Member of the Executive Council (This part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Agricultural Land Commission Act, S.B.C. 2002, c. 36, s. 58; Land Title Act, R.S.B.C. 1996, c. 250, ss. 83 (3) and 86 (2); Community Charter, S.B.C. 2003, c. 26, ss. 234, 239, 280, 281, 282 and 283; Local Government Act, R.S.B.C. 2015, c. 1, s. 296; Expropriation Act, R.S.B.C. 1996, c. 125, ss. 27 (1) and 54; Financial Information Act, R.S.B.C. 1996, c. 140, s. 5; Islands Trust Act, R.S.B.C. 1996, c. 239, ss. 53 and 54; Local Government Grants Act, R.S.B.C. 1996, c. 275, s. 7; Environmental Management Act, S.B.C. 2003, c. 53, ss. 76, 138 and 139; Wildlife Act, R.S.B.C. 1996, c. 488, s. 108; Assessment Act, R.S.B.C. 1996, c. 20, s. 19; Property Transfer Tax Act, R.S.B.C. 1996, c. 378, s. 37; Real Estate Development Marketing Act, S.B.C. 2004, c. 41, ss. 46 and 47 (4); Sechelt Indian Government District Enabling Act, R.S.B.C. 1996, c. 416, ss. 2 and 8 Other: OIC 571/2002; OIC 87/89; OIC 285/90; OIC 214/2005; OIC 157/2010; OIC 298/2010; OIC 1505/93; OIC 620/2009; OIC 192/2002; OIC 524/90; OIC 1541/93; OIC 574/95; OIC 1111/2003; OIC 481/93; OIC 994/2000; OIC 2198/81; OIC 364/88; OIC 1108/2004; OIC 480/2014 page 1 of 6 R10148137
SCHEDULE Agricultural Land Reserve Use, Subdivision and Procedure Regulation 1 Section 2 (1.1) (a) of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, B.C. Reg. 171/2002, is amended by striking out section 917 of the Local Government Act and substituting section 552 [farming area bylaws] of the Local Government Act. Application for Subdivision Approval Regulation 2 Section 2 of the Application for Subdivision Approval Regulation, B.C. Reg. 8/89, is amended by striking out section 868 (2) of the Local Government Act and substituting section 451 (2) [implementation agreements] of the Local Government Act. Capital Regional District Regulation 3 Section 11 (1) of the Capital Regional District Regulation, B.C. Reg. 65/90, is amended (a) in paragraph (a) by striking out Part 26 and substituting Part 14, and (b) in paragraph (b) by striking out section 791 (11) and substituting section 207 (5). Compensation Action Procedure Rule 4 Paragraph (e) of the definition of included claim in subrule (1) of the Compensation Action Procedure Rule, B.C. Reg. 100/2005, is repealed and the following substituted: (e) section 292 (3) (b) [compensation for expropriation and other actions] or 704 (2) [power to expropriate water diversion licences and related works] of the Local Government Act;. Conflicts of Interest Exceptions (Sun Peaks Mountain Resort Municipality) Regulation 5 Section 1 of the Conflicts of Interest Exceptions (Sun Peaks Mountain Resort Municipality) Regulation, B.C. Reg. 78/2010, is amended in the definition of councillor by striking out section 13 (3) (c) (i) and substituting section 25 (1) (b) (i). Development Cost Charge Amendment Bylaw Approval Exemption Regulation 6 Section 2 (1) of the Development Cost Charge Amendment Bylaw Approval Exemption Regulation, B.C. Reg. 130/2010, is amended page 2 of 6
(a) by striking out section 937 [adoption procedures for development cost charge bylaw] and substituting section 560 [inspector approval of development cost charge bylaw], and (b) in paragraph (b) (i) by striking out Greater Vancouver Regional District and substituting Metro Vancouver Regional District. Financial Information Regulation 7 Section 9 (2) and (3) of Schedule 1 to the Financial Information Regulation, B.C. Reg. 371/93, is amended by striking out under the Local Government Act and substituting under the Community Charter. Islands Trust Electronic Meetings Regulation 8 Section 2 (2) (a) of the Islands Trust Electronic Meetings Regulation, B.C. Reg. 283/2009, is amended by striking out section 794 (1) (a) and (b) and substituting section 225 (1) (a) and (b). Islands Trust Natural Area Protection Tax Exemption Regulation 9 Section 4 (2) of the Islands Trust Natural Area Protection Tax Exemption Regulation, B.C. Reg. 41/2002, is amended in the description of rate by striking out section 379 (1) (b) [taxes in arrear] of the Local Government Act and substituting section 245 (1) (b) [taxes in arrear] of the Community Charter. 10 Section 5 is amended by striking out Section 363 and substituting Section 397. Islands Trust Regulation 11 Section 11 of the Islands Trust Regulation, B.C. Reg. 119/90, is amended (a) in subsection (3) by repealing the table and substituting the following: Local Government Act provision section 236 (a) to (c) [corporate officer responsibilities] section 223 (1) [minutes of board meetings] section 223 (2) [minutes of board committee meetings] section 622 [definition of municipal instrument ] the secretary all trust bodies all trust bodies applies to the trust council, the executive committee and the trust fund board page 3 of 6
Local Government Act provision section 627 [validity of council proceedings] section 751 [self-insurance by local authorities] section 222 [voting on urgent issues] section 225 (1) (a) and (b) [procedure bylaws] section 225 (2) [procedure bylaws] section 404 [revenue anticipation borrowing] section 405 [short-term capital borrowing in relation to general administration] applies to the trust council, the executive committee and the trust fund board trust and trust fund the executive committee and the trust fund board the executive committee and the trust fund board the trust council, the local trust committees and the trust fund board the trust council the trust council (b) in subsection (5) by striking out section 236 (1) (b) and substituting section 223 (1) (b), and (c) in subsection (7) by striking out section 821 and 822 and substituting sections 404 and 405. Local Government Elections Regulation 12 The Local Government Elections Regulation, B.C. Reg. 380/93, is amended (a) in section 1 (1) by striking out section 210 (6) and substituting section 202 (6), (b) in section 3 by striking out section 57 or 57.1 and substituting section 72 or 73, and (c) in section 3 (h) by striking out section 369 of the Local Government Act and substituting section 237 of the Community Charter. Local Government Grants Regulations 13 Section 8 (1) (b) of the Local Government Grants Regulations, B.C. Reg. 221/95, is amended by striking out section 838 and substituting section 243. Municipal Tax Regulation 14 Section 2 (1) of the Municipal Tax Regulation, B.C. Reg. 426/2003, is amended by striking out section 411 (3) [refund if government refuses tax sale purchaser] or 423 (2) (a) [refund if court sets aside tax sale] and substituting section 654 (3) [refund if government refuses tax sale purchaser] or 668 (1) (a) [refund if council cancels sale]. page 4 of 6
Open Burning Smoke Control Regulation 15 The definition of improvement district in section 1 (1) of the Open Burning Smoke Control Regulation, B.C. Reg. 145/93, is amended by striking out section 5 of. 16 Section 1 of Schedule 1 is amended (a) in paragraph (a) by striking out section 17 (1) of the Local Government Act and substituting section 10 (1) [classification of municipalities] of the Local Government Act, and (b) in paragraph (b) by striking out section 5 of. Permit Regulation 17 Section 23 (4) (e) (i) of the Permit Regulation, B.C. Reg. 253/2000, is amended by striking out under the Local Government Act and substituting under the Community Charter. Prescribed Classes of Property Regulation 18 Section 1 (1) (c) (ii) (A) of the Prescribed Classes of Property Regulation, B.C. Reg. 438/81, is amended by striking out section 903 or 904 and substituting section 479 or 482 and by striking out section 905.1 and substituting section 516. Property Transfer Tax Regulation 19 Section 4 of the Property Transfer Tax Regulation, B.C. Reg. 74/88, is amended by striking out section 420 of the Local Government Act and substituting section 663 [registration of tax sale purchaser as owner] of the Local Government Act and by striking out under section 420 of that Act and substituting under section 663 of that Act. Real Estate Development Marketing Regulation 20 Section 6 (2) (b) of the Real Estate Development Marketing Regulation, B.C. Reg. 505/2004, is amended (a) in subparagraph (i) by striking out section 938 and substituting section 506, and (b) in subparagraph (ii) by striking out section 940 (2) of the Local Government Act and substituting section 509 (2) [completion of required works and services] of the Local Government Act. page 5 of 6
Sechelt Indian Government District Advisory Council Regulation 21 Section 2 (2) of the Sechelt Indian Government District Advisory Council Regulation, B.C. Reg. 156/2014, is amended by striking out section 51 and substituting section 66. page 6 of 6