Regional Districts and the
Community Charter
[Last updated November 3, 2022]
The Community Charter provides the statutory framework for all municipalities in BC, except the City of Vancouver, and sets out municipalities' core areas of authority. In order for certain provisions of the Community Charter to apply equally to regional districts, cross references were added to the Local Government Act. This guide provides a convenient reference showing which provisions in the Community Charter also apply to regional districts.
The Community Charter is separated into 9 Parts, which are made up of Divisions that are divided into sections. In the first column of this guide, Parts, Divisions and sections of the Community Charter that apply to regional districts are highlighted and links are provided. The corresponding sections in the Local Government Act appear in the second column, under the heading “LGA”.
Community Charter |
LGA |
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| Part 1 — Principles, Purposes and Interpretation | |||
| 1 | Principles of municipal governance | ||
| 2 | Principles of municipal-provincial relations | ||
| 3 | Purposes of Act | ||
| 4 | Broad interpretation | ||
| 5 | Definitions and other interpretation rules |
s. 2, Sch. – ss. 1 & 2 |
|
| Part 2 — Municipal Purposes and Powers | |||
| Division 1 — Purposes and Fundamental Powers | |||
| 6 | Municipalities and their councils | ||
| 7 | Municipal purposes | ||
| 8 | Fundamental powers | ||
| 9 |
Spheres of concurrent authority
– In relation to health bylaws – In relation to soil bylaws |
s. 304 (2) s. 327 (4) |
|
| Division 2 — Scope of Jurisdiction | |||
| 10 | Relationship with Provincial laws | ||
| 11 | Area of jurisdiction | ||
| Division 3 — Ancillary Powers | |||
| 12 | Authority to establish variations, terms and conditions | ||
| 13 | Services outside municipality | ||
| 13,1 | Services within treaty lands | ||
| 14 | Intermunicipal service, regulatory and other schemes | ||
| 15 | Licensing and standards authority | ||
| 16 | Authority to enter on or into property | s. 284 (1) | |
| 17 | Municipal action at defaulter's expense | ||
| 18 | Authority to discontinue providing a service | ||
| 19 | Requirements for security to be paid to municipality | ||
| 20 | Emergency powers | ||
| Part 3 — Additional Powers and Limits on Powers | |||
| Division 1 — Partnering and Other Agreements | |||
| 21 | Partnering agreements | ||
| 22 | Agreements granting exclusive or limited franchises | ||
| 23 | Agreements with other public authorities | ||
| Division 2 — Restrictions on Providing Assistance | |||
| 24 | Publication of intention to provide certain kinds of assistance | ||
| 25 |
General prohibition against assistance to business and exceptions – In relation to heritage assistance |
s. 276 (1), (2) |
|
| Division 3 — Municipal Property | |||
| 26 | Notice of proposed property disposition | ||
| 27 | Exchange or other disposal of park land | s. 281 (1) | |
| 28 | Disposal of water systems, sewage systems and other utilities | ||
| 29 | Municipal ownership of subdivision park land | ||
| 30 | Reservation and dedication of municipal property | s. 278 | |
| Division 4 — Expropriation and Compensation | s. 463 (5) | ||
| 31 | General expropriation power | ||
| 32 | Authority to enter on and use property | ||
| 33 | Compensation for expropriation and other actions | ||
| 34 | Appropriation of stream channel or bed without compensation | ||
| Division 5 — Highways | |||
| 35 | Ownership and possession of highways | ||
| 36 | General authority in relation to highways | ||
| 37 | Intermunicipal boundary highways | ||
| 38 | Temporary traffic restriction and traffic control | ||
| 39 | Additional powers in relation to highways | ||
| 40 | Permanent closure and removal of highway dedication | ||
| 41 | Restrictions in relation to highway disposition, closure or alteration | ||
| 42 | Agreements respecting compensation for extraordinary traffic | ||
| 43 | Agreements respecting municipal equipment on utility poles | ||
| 44 | Agreements to reserve land for highway purposes | ||
| 45 | Highway construction and dikes | ||
| 46 | Use of highways and public places | ||
| Division 5.1 — Restrictions in Relation to the Passenger Transportation Act | |||
| 46.1 | Definitions | ||
| 46.2 | Restrictions on authority to regulate in relation to passenger directed vehicles | ||
| Division 6 — Animal Control | |||
| 47 | Classes of animals | ||
| 48 | Seizure and related powers | ||
| 49 | Special powers in relation to dangerous dogs | s. 321 | |
| Division 7 — Authority in Relation to Trees | |||
| 50 | Restrictions in relation to authority | ||
| 51 | Compensation not payable | ||
| 52 | Right to reconsideration by council | ||
| Division 8 — Building Regulation | |||
| 53 | General authority in relation to buildings and other structures | ||
| 54 | Building permits and occupancy permits | ||
| 55 | Requirement for professional certification | s. 302 | |
| 56 | Requirement for geotechnical report | s. 302 | |
| 57 | Note against land title that building regulations contravened | s. 302 | |
| 58 | Cancellation of note against land title | s. 302 | |
| Division 9 — Business Regulation | |||
| 59 | Powers to require and prohibit | ||
| 60 | Business licence authority | ||
| 61 | Restriction on authority to require examination or certification | ||
| Division 10 — Other Spheres | |||
| 62 | Public place powers | ||
| 63 | Protection of persons and property | ||
| 64 | Nuisances, disturbances and other objectionable situations | ||
| 65 | Signs and other advertising | ||
| Division 11 — Other Powers | |||
| 66 | Fire chief powers | ||
| 67 | Disposal of property in police possession | ||
| 68 | Restriction on authority to fluoridate | ||
| 69 | Specific authority in relation to drainage, sewage and dikes | ||
| 70 | Drainage control | ||
| 71 | Orders and awards respecting drainage or reclamation works | ||
|
Division 12 — Remedial Action Requirements – In relation to harm to drainage or dikes – Generally |
s. 309 s. 305 |
||
| 72 | Council may impose remedial action requirements | ||
| 73 | Hazardous conditions | ||
| 74 | Declared nuisances | ||
| 75 | Harm to drainage or dike | ||
| 76 | Time limit for compliance | ||
| 77 | Notice to affected persons | ||
| 78 | Person affected may request reconsideration by council | ||
| 79 | Shorter time limits in urgent circumstances | ||
| 80 | Recovery of municipal costs through sale of property | ||
| Part 4 — Public Participation and Council Accountability | |||
| Division 1 — Elections, Petitions and Community Opinion | |||
| 81 | Election proceedings | ||
| 82 | Petitions to council | ||
| 83 | Council may seek community opinion | ||
| Division 2 — Approval of the Electors | s. 270 | ||
| 84 | Approval of the electors | ||
| 85 | Assent of the electors | ||
| 86 | Alternative approval process | ||
| 87 | Matters requiring approval or assent may be combined | ||
| 88 | Agreements requiring approval or assent | ||
| Division 3 — Open Meetings | s. 226 (1) | ||
| 89 | General rule that meetings must be open to the public | ||
| 90 | Meetings that may or must be closed to the public | ||
| 91 | Other persons attending closed meetings | ||
| 92 | Requirements before meeting is closed | ||
| 93 | Application of rules to other bodies | ||
| Division 4 — Public Notice and Access to Records | |||
| 94 | Requirements for public notice | s. 225 (1) | |
| 94.1 | Default publication requirements | ||
| 94.2 | Bylaw to provide for alternative means of publication | ||
| 95 | Public access to municipal records | ||
| 96 | Agreements that require elector approval or assent | ||
| 97 | Other records to which public access must be provided | s. 268 (1) | |
| Division 5 — Reporting | |||
| 98 | Annual municipal report | ||
| 99 | Annual meeting on report | ||
| Division 6 — Conflict of Interest | s. 205 | ||
| 100 | Disclosure of conflict | ||
| 101 | Restrictions on participation if in conflict | ||
| 102 | Restrictions on inside influence | ||
| 103 | Restrictions on outside influence | ||
| 104 | Exceptions from conflict restrictions | ||
| 105 | Restrictions on accepting gifts | ||
| 106 | Disclosure of gifts | ||
| 107 | Disclosure of contracts with council members and former council members | ||
| 108 | Restrictions on use of insider information | ||
| 108.1 | Disqualification from office for contravening conflict rules | ||
| 109 | Court order for person to give up financial gain | ||
| Division 6.1 — Mandatory Leave of Absence | s. 205 | ||
| 109.1 | Definition | ||
| 109.2 | Disclosure of charge | ||
| 109.3 | Mandatory leave of absence | ||
| Division 7 — Challenge of Council Member Qualification for Office | s. 205 | ||
| 110 | Disqualifications to which this Division applies | ||
| 111 | Application to court for declaration of disqualification | ||
| 112 | Status of person subject to an application | ||
| 113 | Costs of an application | ||
| Division 8 — Challenge of Council Member Qualification for Office | s. 205 | ||
| 113.1 | Requirement to consider code of conduct | ||
| 113.2 | Reconsideration of decision respecting code of conduct | ||
| Part 5 — Municipal Government and Procedures | |||
|
|
Division 1 — Council Roles and Responsibilities | ||
| 114 | Council as governing body | ||
| 115 | Responsibilities of council members | ||
| 116 | Responsibilities of mayor | ||
| 117 | Duty to respect confidentiality | s. 205 | |
| 118 | Size of council | ||
| 119 | Term of office for council members | ||
| 120 | Oath or affirmation of office | ||
| 121 | Resignation from office | ||
| Division 2 — Council Proceedings | |||
| 122 | Exercise of powers by bylaw or resolution | s. 226 | |
| 123 | General voting rules | ||
| 124 | Procedure bylaws | ||
| 125 | Council meetings | ||
| 126 | Calling of special council meetings | ||
| 127 | Notice of council meetings | ||
| 128 | Electronic regular council meetings | ||
| 128.1 | Electronic special council meetings | ||
| 128.2 | Electronic council committee meetings | ||
| 128.3 | Electronic participation by members in council and council committee meetings | ||
| 129 | Quorum for conducting business | ||
| 130 | Designation of member to act in place of mayor | ||
| 131 | Mayor may require council reconsideration of a matter | s. 217 | |
| 132 | Authority of presiding member | s. 226 (3) | |
| 133 | Expulsion from meetings | s. 226 (1) | |
| 134 | Authority to compel witnesses | s. 226 (2) | |
| 134.1 | Meetings and hearings outside municipality | ||
| Division 3 — Bylaw Procedures | s. 227 | ||
| 135 | Requirements for passing bylaws | ||
| 136 | When a bylaw comes into force | ||
| 137 | Power to amend or repeal | ||
| 138 | Municipal codes and other general bylaws | ||
| 139 | Consolidation of bylaws | ||
| 140 | Revision of bylaws | ||
| Division 4 — Committees, Commissions and Other Bodies | |||
| 141 | Standing committees of council | ||
| 142 | Select committees of council | ||
| 143 | Municipal commissions | ||
| 144 | Authority to rescind appointment | ||
| 145 | Application of procedure rules to other bodies | ||
| 145.1 | Electronic meetings of other bodies | ||
| 145.2 | Electronic participation of members | ||
| Division 5 — Officers and Employees | |||
| 146 | Officer positions | ||
| 147 | Chief administrative officer | ||
| 148 | Corporate officer | ||
| 149 | Financial officer | ||
| 150 | General employment matters | ||
| 151 | Suspension of officers and employees | ||
| 152 | Termination of officers | ||
| 153 | Prohibition against interfering with municipal officers and employees | ||
| Division 6 — Delegation | |||
| 154 | Delegation of council authority | ||
| 155 | Special rules respecting delegation of hearings and other proceedings | ||
| 156 | Reconsideration of delegate's decisions | ||
| Division 7 — Other Matters | |||
| 157 | Municipal days of recognition | ||
| 158 | Freedom of the municipality | ||
| 159 | Notice to municipality | ||
| 160 | Notice by municipality: obligation satisfied if reasonable effort made | ||
| 161 | Court order allowing substituted service | ||
| 162 | Certified copies of municipal records | s. 248 | |
| 163 | Evidence of municipal bylaws and other records | s. 248 | |
| Part 6 — Financial Management | |||
|
|
Division 1 — Financial Planning and Accountability | ||
| 164 | Fiscal year | ||
| 165 | Financial plan | ||
| 166 | Public process for development of financial plan | ||
| 167 | Annual financial statements | s. 377 (1) | |
| 168 | Reporting of council remuneration, expenses and contracts | s. 377 (1) | |
| Division 2 — Audit | s. 377 (1) | ||
| 169 | Municipal auditor | ||
| 170 | Audit committee | ||
| 171 | Auditor's reports | ||
| 172 | Complaints to council or auditor about financial affairs | ||
| Division 3 — Expenditures, Liabilities and Investments | |||
| 173 | Limit on expenditures | ||
| 174 | Limit on borrowing and other liabilities | ||
| 175 | Liabilities under agreements | s. 403 (1) | |
| 176 | Liabilities imposed under prescribed enactments | s. 403 (1) | |
| 177 | Revenue anticipation borrowing | ||
| 178 | Short term capital borrowing | ||
| 179 | Loan authorization bylaws for long term borrowing | s. 403 (1) | |
| 180 | Elector approval required for some loan authorization bylaws | ||
| 181 | Temporary borrowing under loan authorization bylaw | ||
| 182 | Municipal financing through regional district | ||
| 183 | Investment of municipal funds | s. 377 (1) | |
| 184 | Property accepted in trust | ||
| 185 | Ownership of corporations | ||
| 186 | Self-insurance by local authorities | ||
| 187 | Indemnification against proceedings | ||
| Division 4 — Reserve Funds | s. 377 (1) | ||
| 188 | Establishment of reserve funds | ||
| 189 | Use of money in reserve funds | ||
| Division 5 — Restrictions on Use of Municipal Funds | s. 377 (1) | ||
| 190 | Purposes for which borrowed money may be used | ||
| 191 | Liabilities for use of money contrary to Act | ||
| Division 6 — Ministerial Regulations | |||
| 191.1 | Regulations respecting revenue anticipation borrowing in special circumstances | ||
| 191.2 | Regulations respecting borrowing from reserve funds in special circumstances | ||
|
Part 7 — Municipal Revenue – In relation to collection of taxes imposed for cost recovery of services in municipalities |
s. 386 (2) |
||
|
|
Division 1 — General | ||
| 192 | General revenue sources | ||
| 193 | Authority for fees and taxes | ||
| 193.1 | Interest calculation | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 2 — Fees | |||
| 194 | Municipal fees | ||
| 195 | Fees in relation to soil removal and deposit | ||
| 196 | Fees in relation to fire and security alarm systems | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
|
Division 3 — Property Value Taxes – In relation to imposing taxes for cost recovery of services in municipalities – In relation to the manner for establishing tax rate |
s. 386 (2) s. 749 (2) |
||
| 197 |
Annual property tax bylaw – In relation to First Nations |
s. 258 |
|
| 198 | Assessment averaging and phasing options | ||
| 198.1 | Development potential relief | ||
| 199 | Property tax rates regulations | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
|
Division 4 — Parcel Taxes – In relation to imposing taxes for cost recovery of services in municipalities – In relation to imposing taxes for cost recovery of services in electoral areas |
s. 386 (2) s. 388 (2) |
||
| 200 |
Parcel tax bylaw – In relation to First Nations |
s. 257 (7) |
|
| 201 |
Property subject to parcel tax – In relation to First Nations |
s. 258 (2) |
|
| 202 | Parcel tax roll for purpose of imposing tax | ||
| 203 | Content of parcel tax roll | ||
| 204 | Parcel tax roll review panel | ||
| 205 | Review panel to hear complaints and make corrections | ||
| 205.1 | Daily schedule of review panel | ||
| 206 | Authentication of parcel tax roll | ||
| 207 | Appeal to Supreme Court from review panel decision | ||
| 208 | Updating the parcel tax roll | ||
| 209 | Validity of parcel tax roll | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 5 — Local Service Taxes | s. 31 (4), (5) | ||
| 210 | Authority for local area services | ||
| 211 | Requirements for establishing a local area service | ||
| 212 |
Petition for local area service – In relation to petitions for electoral area services – In relation to participating electoral area petitions for borrowing |
s. 337 (4) s. 408 (4) |
|
| 213 | Local area service on council initiative — subject to petition against | ||
| 214 | Local area service on council initiative — subject to elector assent | ||
| 215 |
Business improvement areas – In relation to mountain resorts |
s. 275 (1) |
|
| 216 | Local service taxes | ||
| 217 | Borrowing in relation to a local area service | ||
| 218 | Enlargement or reduction of local service area | ||
| 219 | Merging of local service areas | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 6 — Statutory Exemptions | |||
| 220 | General statutory exemptions | ||
| 221 | Grandparented pollution abatement exemptions | ||
| 221.1 | Grandparented dust and particulate matter eliminator exemptions | ||
| 222 | Phased farm property tax exemption | ||
| 223 | Exemptions under regulations | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 7 — Permissive Exemptions | |||
| 224 | General authority for permissive exemptions | ||
| 225 | Partnering, heritage, riparian and other special exemption authority | ||
| 226 | Revitalization tax exemptions | ||
| 227 | Notice of permissive tax exemptions | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 8 — Tax Liability of Occupiers | |||
| 228 | Taxation of Crown land used by others | ||
| 229 | Taxation of municipal land used by others | s. 391 (1) | |
| 230 | Taxation of occupier of exempt land | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 9 — General Revenue Collection Authority | |||
| 231 | Recovery of taxes and fees | ||
| 232 | Collection agreements with other taxing authorities | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 10 — Property Tax Due Dates and Tax Notices | |||
| 232.1 | Definition and application of section 160 | ||
| 233 | Options for tax due dates | ||
| 234 | General tax collection scheme | ||
| 235 | Alternative municipal tax collection scheme | ||
| 236 | Owner may elect which scheme to use | ||
| 237 | General tax notices | ||
| 238 | Persons may request copies of tax notices | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 11 — Adjustments to Taxes | |||
| 239 | Interest on overpayment of taxes | ||
| 240 | Adjustments for assessment changes | ||
| 241 | Taxation based on supplementary roll | ||
| 242 | Apportionment of property value taxes if land subdivided | ||
| 243 | Apportionment of parcel taxes if land subdivided | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 12 — Payment of Taxes | |||
| 244 | Application of tax payments | ||
| 245 | Taxes in arrear | ||
| 246 | Delinquent taxes | ||
| 247 | Treatment of outstanding taxes on subdivision or cancellation of subdivision | ||
| 248 | Statement of outstanding taxes | ||
| 249 | Certificate of outstanding taxes | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 13 — Recovery of Taxes | |||
| 250 | Taxes are a special charge on the land | ||
| 251 | Liability of assessed owner | ||
| 252 | Recovery of taxes by the legal remedy of distress | ||
| 253 | Power to accept real property in place of taxes | ||
| 254 | Tax sales | ||
| 255 | Notice of delinquent taxes on Crown land | ||
| 256 | Recovery of taxes on Crown land subject to an agreement for sale | ||
| 257 | Recovery of taxes on Crown land held under lease or licence | ||
| – In relation to collection of taxes imposed for cost recovery of services in municipalities | s. 386 (2) | ||
| Division 14 — Recovery of Special Fees | |||
| 258 | Special fees may be collected as property taxes | ||
| 259 | Special fees that are liens against property | ||
| Part 8 — Bylaw Enforcement and Related Matters | |||
|
|
Division 1 — Bylaw Enforcement | ||
| 260 | Enforcement powers | ||
| 261 | Payment of fines and other penalties to municipality | s. 413 (2) | |
| 262 | Recovery of penalty and costs by legal remedy of distress | ||
| Division 2 — Offence Act Prosecutions | s. 414 | ||
| 263 | Penalties in relation to Offence Act prosecutions | ||
| 263.1 | Additional sentencing powers in relation to Offence Act prosecutions | ||
| Division 3 — Ticketing for Bylaw Offences | |||
| 264 | Ticket offences | ||
| 265 | Penalties in relation to ticket offences | ||
| 266 | Laying information and serving ticket | ||
| 267 | Choice of paying fine or disputing ticket | ||
| 268 | Effect of paying fine | ||
| 269 | Hearing of dispute | ||
| 270 | Failure to appear at hearing | ||
| 271 | Failure to respond to ticket | ||
| 272 | Time extensions if person not at fault in failing to respond or appear | ||
| 273 | Regulations in relation to ticket offences | ||
| Division 4 — Enforcement by Civil Proceedings | s. 420 | ||
| 274 | Actions by municipality | ||
| Division 5 — Other Matters | |||
| 275 | Entry warrants | s. 424 | |
| Part 9 — Governmental Relations | |||
|
|
Division 1 — Provincial-Municipal Relations | ||
| 276 | Required consultations | ||
| 277 | Consultation agreements | ||
| 278 | Enforcement of obligations | ||
| 279 | No forced amalgamations | ||
| Division 2 — Provincial Regulations | |||
| 280 | Regulations providing exemptions from approval requirements | ||
| 281 | Regulations providing additional powers and exceptions | ||
| 282 |
General regulation authority – In relation to open meetings – In relation to elector approval – In relation to conflict of interest |
s. 226 (1) s. 270 s. 205 (1) |
|
| 283 | Variation authority | ||
| Division 3 — Dispute Resolution |
CC: ss. 284 – 290 |
||
| 284 | Request for assistance in relation to intergovernmental dispute | ||
| 285 | Voluntary binding arbitration | ||
| 286 | Mandatory binding arbitration | ||
| 287 | Final proposal arbitration | ||
| 288 | Full arbitration | ||
| 289 | General provisions regarding arbitration process | ||
| 290 | Implementation of arbitrator's decision | ||
| 291 | Regulations respecting arbitrations | ||
| 292 | Commencement | ||
|
Schedule — Definitions and Rules of Interpretation |
|||
| 1 | Definitions | Sch. – s. 2 | |
| 2 | Application of Local Government Act definitions | Sch. – s. 1 | |
| 3 | Special rule for Mountain Time Zone | ||
| 4 | References to municipal officers | ||