REGIONAL DISTRICT OF NANAIMO BYLAW NO. 935 A BYLAW FOR THE ESTABLISHMENT OF A JOINT CIVIC PROPERTIES AND RECREATION COMMISSION FOR THE CITY OF PARKSVILLE, THE TOWN OF QUALICUM BEACH AND ELECTORAL AREAS 'E', 'F', 'G' AND 'H' WHEREAS pursuant to Supplementary Letters Patent issued on the 17th day of April, 1985 and on the 16th day of May, 1985 the Board of the Regional District of Nanaimo was granted the authority to exercise the powers under Section 691 of the Municipal Act; AND WHEREAS Section 691 of the Municipal Act provides that the Board may, by bylaw, establish a Joint Civic Properties and Recreation Commission. NOW, THEREFORE, the Board of the Regional District of Nanaimo, in open meeting assembled enacts as follows: 1. In this bylaw "Commission" means the District 69 Civic Properties and Recreation Commission. "Facilities" means the District 69 Ice Arena and the District 69 Swimming Pool and any other facilities listed in Schedule 'A'. "School District 69" means that area of the Regional District constituted as a school district by the School Act, R.S.B.C. 1979, c. 375.1 or a former School Act under the name School District 69 (Qualicum). 2. A Joint Civic Properties and Recreation Commission, to be known as the District 69 Civic Properties and Recreation Commission, is hereby established. 3. The Commission shall consist of eight members who shall be appointed by the Board in the following manner: (a) (c) (d) Electoral Area 'E'; Electoral Area 'F'; Electoral Area 'G'; Electoral Area 'H';
(e) (f) (g) One member who is entitled under the Municipal Act to vote for a member of Council in the City of Parksville; One member who is entitled under the Municipal Act to vote for a member of Council in the Town of Qualicum Beach; Two other members appointed by the Board: (i) (ii) one of whom is either a member of the Board of Trustees of School District 69 or an appointed officer of School District 69; and the other of whom is a member of the Board of the Regional District of Nanaimo. 4. In appointing a member of the Commission under Section 3 (7) (a) the Board shall consider the appointment of any person recommended by the Board of Trustees of School District 69. 5. (a) The members of the Commission in office as of the date of the adoption of this bylaw shall continue to hold office as members of the Commission until the 1st day of January, 1997. After the expiry of the term of the members of the Commission in office as of the date of the adoption of this bylaw, the term of office of a member of the Commission shall be for a three year period expiring on the 1st day of January of a year following the General Local Election. 6. In the event of the death, resignation, or disqualification of a member of the Commission, the Board shall appoint a successor for the remainder of that member's term. The Commission shall, at its first meeting, elect a Chairperson and a Deputy Chairperson from among its members. 7. A quorum of the Commission is a majority of all members. 8. The rules of procedure for the Commission shall be consistent with the rules of procedure for the Regional District. 9. The Board shall have the power, by an affirmative vote of not less than two-thirds of all of the Directors of the Regional District Board which represent an area which participates in the function of a Joint Civic Properties and Recreation Commission, to remove any member of the Commission from office at any time. 10. The Board may appoint an alternate for each member of the Commission who may take the place of, vote and generally act in all matters for an absent Commission member.
11. (a) Discussion on all matters of business and all affairs of the Commission shall be open to all members of the Commission subject to Subsection (2). The member appointed under 3 (a) shall not be entitled to participate in a discussion or vote on any matter directly involving only the District 69 Swimming Pool. 12. The Regional Board hereby delegates to the Commission the following administrative authority: (a) (c) (d) (e) (f) (g) (h) The power to consider, formulate and recommend policies and procedures to the Board regarding the operation of recreational, leisure and associated cultural programs and services within or outside the boundaries of School District 69; The power to develop, establish, operate, review, evaluate and discontinue recreational, leisure and associated cultural programs within or, with the approval of the Board, outside the boundaries of School District 69; The power to consider, formulate and recommend policies to the Board regarding the operation of and to equip, maintain and manage the District 69 Ice Arena located within the Parksville Community Park and the District 69 Swimming Pool located in Qualicum Beach; The power to consider, formulate, prepare and recommend to the Board the provisional and annual budget for the operation of the Facilities and the operation of recreational, leisure and associated cultural programs and services within School District 69; The power to consider, formulate and recommend policies to the Board regarding fees and charges for participation in recreation, leisure and associated cultural programs and services within School District 69 operated by the Regional District and for the use of the Facilities; The power to establish policy on schedules for the use of the Facilities operated in connection with community recreational, leisure and associated cultural programs within School District 69; The power to consider, formulate and recommend to the Board any operating policy or procedure deemed appropriate by the Commission; To consider, formulate and recommend to the Board policies for the establishment and operation of recreational, leisure and associated cultural programs and services outside of the boundaries of School District 69 where approved by the Board. 13. The Commission may establish any standing or select committee, as it deems necessary from time to time, to assist the Commission in the performance of its responsibilities. The Commission, where it considers it appropriate, appoint persons from the community at large who are not members of the Commission to a standing or select committee.
14. Notwithstanding Section 11 of this bylaw, the Board of the Regional District of Nanaimo retains the right of approval of any operational rules, procedures, policies and the schedule of admission charges and fees that may be established by the Commission. 15. On or before October 30 of each and every year the Commission shall recommend to the Board an annual budget for the operation of recreational, leisure and associated cultural programs and services within the boundaries of School District 69, including debt charges, together with estimates of expected revenues and shall submit that budget to the Board for approval by the Board and inclusion in the Board's provisional and annual budgets. 16. The "Regional District of Nanaimo District 69 Recreation Commission Establishment Bylaw No. 704, 1986" and "District 69 Regional Arena Commission Bylaw No. 572, 1982" are hereby repealed. 17. This bylaw may be cited as "District 69 Civic Properties and Recreation Commission Bylaw No. 935, 1994". Introduced and read three times this 9th day of August, 1994. Adopted this 9th day of August, 1994. CHAIRPERSON SECRETARY
Schedule 'A' to accompany "District 69 Civic Properties and Recreation Commission Bylaw No. 935, 1994". Chairperson Secretary SCHEDULE 'A' Facilities 1. District 69 Swimming Pool 2. District 69 Ice Arena