BILL 13 – 2025
MISCELLANEOUS STATUTES AMENDMENT ACT, 2025
HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of British Columbia, enacts as
follows:
Part 1 – Forests Amendments
Wildfire Act
1 The Wildfire Act, S.B.C. 2004, c. 31, is amended by adding the following section to Division 2 of Part 3:
Requirement to give notice and opportunity to be heard
24.1 (1) Before making one
of the following orders, the minister must give written notice of the
proposed order, and an opportunity to be heard, to the person who is the
subject of the proposed order:
(a) an order under section 25 (2) in respect of a
person who the minister alleges has caused or contributed to a fire or
the spread of a fire;
(b) an order under section 26, 27 (1) or 28 (1) in
respect of a person who the minister alleges has contravened a provision
of this Act or the regulations;
(c) an order under section 28 (3) in respect of a
person who the minister alleges has not complied with an order under
subsection (1) of that section.
(2) Notice under subsection (1) must not be given more than 3 years after
(a) the date on which the facts that led to the
minister's allegation first came to the knowledge of an official, in the
case of a proposed order under section 25 (2), 26, 27 (1) or 28 (1), or
(b) the date specified under section 28 (2) (b) (iii), in the case of a proposed order under section 28 (3).
(3) The minister by order may extend the 3-year period
referred to in subsection (2) by up to 18 months, to a maximum total
period of 4 years and 6 months.
(4) A document purporting to have been issued by an
official, certifying the date on which the facts referred to in
subsection (2) (a) first came to the knowledge of an official,
(a) is admissible in an appeal under section 39 from
the order, without proof of the signature or official character of the
individual appearing to have signed the document, and
(b) in the absence of evidence to the contrary, is proof of the matter certified.
2 Section 25 (3) and (4) is repealed and the following substituted:
(3) The minister must not make an order under
subsection (2) unless the minister determines that the person caused or
contributed to the fire or the spread of the fire.
(4) The minister must
(a) give a copy of an order made under subsection (2) to the person who is the subject of the order, and
(b) inform the person of the following:
(i) the amounts payable by the person to the government under the order and the person's liability under section 130 of the Forest Act to pay that amount;
(ii) the reasons for the order;
(iii) the person's right to a review under section 37 or to an appeal under section 39.
3 Section 26 is repealed and the following substituted:
Contravention orders
26 The minister by order may determine that a person has contravened a provision of this Act or the regulations.
4 Section 27 (2) is repealed and the following substituted:
(2) The minister must
(a) give a copy of the order made under subsection (1) to the person who is the subject of the order,
(b) give the person a copy of the order made under section 26, and
(c) inform the person of the following:
(i) the amount of any administrative penalty levied
against the person by an order under subsection (1) (a) of this section
and of the person's liability under section 130 of the Forest Act to pay that amount;
(ii) the provision contravened and the reasons for the order or orders;
(iii) the amount of any costs of the government
determined under subsection (1) (b) of this section, itemized
particulars of those costs and the person's liability under section 130
of the Forest Act to pay that amount;
(iv) any amount determined under subsection (1) (c)
of this section, itemized particulars of that amount and the person's
liability under section 130 of the Forest Act to pay that amount;
(v) any costs determined under subsection (1) (c.1)
of this section, itemized particulars of those costs and the person's
liability under section 130 of the Forest Act to pay those costs;
(vi) the person's right to a review under section 37 or to an appeal under section 39.
5 Section 28 is amended
(a) by repealing subsection (2) and substituting the following:
(2) If the minister makes an order under subsection (1), the minister must
(a) give a copy of the order to the person who is the subject of the order, and
(b) inform the person of the following:
(i) the provision contravened;
(ii) the work to be done to remedy the contravention;
(iii) the date by which the work must be completed;
(iv) the person's right to a review under section 37 or to an appeal under section 39;
(v) the right of the minister under subsection (3) (b) to carry out the work;
(vi) the right of the minister under subsection (3) (d) to levy an administrative penalty for the contravention. ,
(b) in subsection (3) by striking out "the date specified in a written notice given under subsection (2)" and substituting "the date specified under subsection (2) (b) (iii)", and
(c) by repealing subsections (4) and (5) and substituting the following:
(4) If the minister makes an order under subsection (3) (a) or (c), the minister must
(a) give a copy of the order to the person who is the subject of the order,
(b) inform the person of the following:
(i) the restrictions or the prohibition under an order under subsection (3) (a);
(ii) the completion of the work carried out under subsection (3) (b);
(iii) the amount payable by the person to the
government under an order under subsection (3) (c) of this section and
the person's liability under section 130 of the Forest Act to pay that amount, and
(c) give the person a copy of the accounting of the expenditures relating to the work.
(5) If the minister makes an order under subsection (3) (d), the minister must
(a) give a copy of the order to the person who is the subject of the order, and
(b) inform the person of the following:
(i) the amount of the administrative penalty and the person's liability under section 130 of the Forest Act to pay that amount;
(ii) the reasons for the administrative penalty;
(iii) the person's right to a review under section 37 or to an appeal under section 39.
6 Section 33 is repealed.
Transitional Provision
Wildfire Act transition – pre-existing administrative proceeding
7 (1) In this section:
"former Act" means the Wildfire Act as it read immediately before the transition date;
"pre-existing administrative proceeding" means an ongoing matter
(a) in relation to which no order under section 25 (2),
26, 27 (1) or 28 (1) or (3) of the former Act has been made by the
transition date, and
(b) in relation to which a person, before the transition date, has been given an opportunity to be heard;
"transition date" means the date this section comes into force.
(2) The former Act continues to apply to a pre-existing administrative proceeding.
Part 2 – Housing and Municipal Affairs Amendments
Greater Vancouver Sewerage and Drainage District Act
8 Section 58.2 of the Greater Vancouver Sewerage and
Drainage District Act, S.B.C. 1956, c. 59, is amended by adding the
following subsection:
(10) Sections 511.1 [limited exception to section 511] and 568.1 [limited exception to section 568] of the Local Government Act apply to a by-law under subsection (1) of this section.
Housing Supply Act
9 Section 1 of the Housing Supply Act, S.B.C. 2022, c. 38, is amended by adding the following definition:
"Vancouver land use provision" means any of the following provisions of the Vancouver Charter:
(a) section 292 (1) [subdivision control];
(b) section 306 (1) [by-laws respecting building regulation];
(c) section 562 (1) [Council powers respecting official development plan];
(d) section 565 (1) [zoning by-law];
(e) section 565.14 (1) [providing affordable and special needs housing units elsewhere];
(f) section 565.192 (1) [providing affordable and special needs housing units elsewhere];
(g) section 565.2 (1) [housing agreements for affordable and special needs housing];
(h) section 565A (1) [by-laws];
(i) section 565D (2) [occupancy of phase out suite];
(j) section 565F (1) [landscaping requirements];
(k) section 571A (1) and (1.1) [sign by-laws];
(l) section 571AA (1) [relaxation of sign by-laws].
10 Section 11 is amended
(a) in subsection (1) (a) by adding "or a Vancouver land use provision, as the case may be" after "the Local Government Act", and
(b) in subsection (4) (a) by adding "or a Vancouver land use provision, as the case may be" after "the Local Government Act".
11 Section 12 (1) (a) is amended by adding "or a Vancouver land use provision, as the case may be" after "the Local Government Act".
Islands Trust Act
12 Section 6 (6) of the Islands Trust Act,
R.S.B.C. 1996, c. 239, is amended by repealing paragraph (a) and
substituting the following:
(a) section 201.1 [acting electoral area directors];
(a.1) section 202 [oath or affirmation of office]; .
Local Elections Campaign Financing Act
13 Section 30.11 of the Local Elections Campaign Financing Act, S.B.C. 2014, c. 18, is amended
(a) by adding the following subsection:
(1.1) If, under section 115 (2) [use of a shorter name, abbreviation or acronym] of the Local Government Act,
a chief election officer identifies an elector organization on a ballot
using a name, abbreviation or acronym that is shorter than a name,
abbreviation or acronym included in the register of elector
organizations, the elector organization must, as soon as practicable,
file with the BC chief electoral officer a notice of the chief election
officer's use of the shorter name, abbreviation or acronym. ,
(b) in subsection (2) by striking out "A notice filed under subsection (1)" and substituting "A notice filed under subsection (1) or (1.1)",
(c) by repealing subsection (3) and substituting the following:
(3) If satisfied that a notice under subsection (1)
or (1.1) is authorized by the elector organization for which it is made,
the BC chief electoral officer must amend the register of elector
organizations to reflect the change referred to in subsection (1) or the
use referred to in subsection (1.1). ,
(d) in subsection (4) (a), by striking out "referred to in subsection (1)" and substituting "referred to in subsection (1) or (1.1)",
(e) by adding the following subsection:
(5.1) If the elector organization does not file a notice
in accordance with subsection (1.1) within 60 days after the authorized
principal official becomes aware of the chief election officer's use of
the shorter name, abbreviation or acronym, the BC chief electoral
officer may suspend the registration of the elector organization, and
the suspension continues until the notice is filed in accordance with
subsection (1.1). , and
(f) in subsection (6) by striking out "subsection (1) or (4)" and substituting "subsection (1), (1.1) or (4)".
14 Section 30.12 is amended
(a) in subsection (1) by striking out "A registered elector organization" and substituting "Subject to subsection (1.1), a registered elector organization", and
(b) by adding the following subsection:
(1.1) Subsection (1) does not apply in relation to a
change made for the purpose of using the name, abbreviation or acronym
by which the elector organization is identified on a ballot under
section 115 (2) [use of a shorter name, abbreviation or acronym] of the Local Government Act.
15 Section 58 (1) is repealed and the following substituted:
(1) Subject to this Part and any applicable regulations,
until at least 5 years after general voting day for the election or
assent voting to which a disclosure statement or supplementary report
relates, the BC chief electoral officer must
(a) make publicly available on an Elections BC authorized internet site the information in the statement or report, other than
(i) a mailing address or residential address of a significant contributor, or
(ii) a telephone number, mailing address or residential address of a candidate, and
(b) have available for public inspection at the
Elections BC office during its regular office hours a copy of the
statement or report in which the following must be obscured or deleted:
(i) a mailing address or residential address of a significant contributor;
(ii) a telephone number, mailing address or residential address of a candidate.
16 Section 62 (1) (a) is repealed and the following substituted:
(a) in relation to the financial agent for a candidate,
(i) if the financial agent is appointed under section 17 [each candidate must have a financial agent],
the financial agent's name and address for service, as provided under
section 17 (4) (d) or, if applicable, under section 17 (6), or
(ii) if the candidate is the financial agent, the
candidate's name and address for service, as provided under
section 92 (1) (e) [provision of information between Elections BC and local authorities] or, if applicable, under section 92 (3); .
17 Section 99 is amended
(a) by adding the following subsection:
(0.1) In this section, "general voting day for the assent voting" means the applicable day established under
(a) section 174 [general voting day for assent voting] of the Local Government Act, or
(b) section 134 [general voting day for assent voting] of the Vancouver Charter. ,
(b) by repealing subsection (1) and substituting the following:
(1) The minister responsible in relation to an election
or assent voting may, in the following circumstances, make any order the
minister considers appropriate to achieve the purposes of this Act:
(a) the minister considers the order necessary because of special circumstances respecting
(i) the election or assent voting, or
(ii) a candidate, elector organization, third party sponsor or assent voting advertising sponsor;
(b) the minister considers the order necessary because
of an irregularity or procedural error in the administration or conduct
of the election or assent voting. , and
(c) by adding the following subsection:
(2.1) An order under this section may be made
retroactive to a date not earlier than the first day of the election
period or 80 days before general voting day for the assent voting, as
applicable, and, if made retroactive, is deemed to have been made on the
specified date.
18 Section 100.02 (3) is amended by striking out "in relation to section 36.01" and substituting "in relation to section 36.01 or 36.02".
19 Section 1 (1) of the Schedule is amended in the definition of "endorsed" by striking out "before endorsement documents are filed" and substituting "before nomination documents are filed".
Local Government Act
20 Section 47 of the Local Government Act, R.S.B.C. 2015, c. 1, is amended
(a) by adding the following definition:
"authorized drop-off location" means a location specified by the chief election officer under section 110 (5.1) [mail ballot voting]; ,
(b) by repealing the definition of "endorsement documents", and
(c) by adding the following definition:
"secrecy enclosure" means a secrecy envelope, secrecy sleeve or other means of keeping a ballot secret; .
21 Section 87 (1) (g) is repealed and the following substituted:
(g) if applicable, each of the statements referred to in section 92 (1) [candidate endorsement by elector organization].
22 Section 89 is amended
(a) by repealing subsection (4) and substituting the following:
(4) Nomination documents may be delivered
(a) by hand,
(b) by mail or other delivery service,
(c) by fax, or
(d) by email. ,
(b) by repealing subsection (5),
(c) in subsection (8) by striking out "provide for public access to nomination documents" and substituting "provide for public access to all or part of the nomination documents", and
(d) by adding the following subsections:
(8.1) A bylaw under subsection (8) that provides for
public access by the internet or other electronic means may not permit
public access to the residential address of the person nominated other
than the municipality, electoral area or treaty lands in which the
person is resident.
(10) Before inspecting nomination documents available
under subsection (7) (a), a person other than a local government officer
or employee acting in the course of duties must sign a statement that
the person will not use the information included in them except as
permitted under subsection (9).
23 Section 92 (1) is repealed and the following substituted:
(1) Subject to this section, an incorporated or
unincorporated organization may endorse a person who is or intends to be
a candidate in an election and have that endorsement included on the
ballot for the election if
(a) the authorized principal official of the elector
organization signs a statement that the elector organization endorses
the person as a candidate,
(b) the person signs a statement consenting to the endorsement, and
(c) the statements referred to in paragraphs (a)
and (b) are included in the nomination documents in relation to the
person's nomination.
24 Section 93 is repealed.
25 Section 99 is amended
(a) by repealing subsection (2) (b) and substituting the following:
(b) the usual names of the candidates for each office
and the municipalities, electoral areas or treaty lands in which the
candidates are resident; , and
(b) by repealing subsections (5) and (6).
26 Section 100 is amended
(a) in subsection (1) by striking out everything before paragraph (a) and substituting "If
there are fewer candidates declared elected to a council by acclamation
under section 98 than there are to be elected to the council, the
council must appoint a person to each vacant office,",
(b) in subsections (1) (a) and (b) and (2) by striking out "local government" wherever it appears and substituting "council",
(c) by repealing subsection (3) (b) and substituting the following:
(b) must at the time of appointment reside, as applicable,
(i) in the municipality or a municipality, electoral area or treaty lands immediately adjacent to the municipality, or
(ii) in the neighbourhood constituency, the
municipality in which the neighbourhood constituency is located or a
municipality, electoral area or treaty lands immediately adjacent to the
neighbourhood constituency. ,
(d) by repealing subsection (4) and substituting the following:
(4) A person appointed as a member of a council under
this section has the same rights, duties and powers as a person elected
as a member. , and
(e) in subsection (5) by striking out "a local government" and substituting "a council".
27 Section 110 is amended
(a) in subsection (5) by striking out "in
any manner the chief election officer considers will give reasonable
notice to the electors who will be entitled to vote by this means" and substituting "in any manner the chief election officer considers appropriate",
(b) by adding the following subsection:
(5.1) The chief election officer may specify one or more
locations at which persons voting may return mail ballot packages and,
if this is done, the notice under subsection (5) must include the
location and office hours of each specified location. ,
(c) in subsection (7) (b) and (c) by striking out "secrecy envelope" and substituting "secrecy enclosure",
(d) by repealing subsection (7) (d) and substituting the following:
(d) an outer envelope on which is printed the address
of the chief election officer at the local government offices and in
which the secrecy enclosure under paragraph (b), the certification
envelope under paragraph (c) and, if applicable, the registration
application under paragraph (e) are to be returned; ,
(e) in subsection (8) (b) by adding "and" at the end of subparagraph (i) and by repealing subparagraph (ii),
(f) by adding the following subsection:
(8.1) An elector voting by mail ballot must return the elector's mail ballot package to
(a) the address printed on the outer envelope included in the mail ballot package, or
(b) an authorized drop-off location, if any. , and
(g) by repealing subsection (9) and substituting the following:
(9) In order to be counted for an election, a mail
ballot must be received at the address referred to in
subsection (8.1) (a) or an authorized drop-off location, if any, before
the close of voting on general voting day, and it is the obligation of
the person voting by mail ballot to ensure that the mail ballot is
received within this time limit.
28 Section 115 is amended
(a) by repealing subsection (1) (d) and substituting the following:
(d) if applicable, the name, abbreviation or acronym of
the endorsing elector organization for a candidate, as included in the
register of elector organizations maintained under section 30.10 [register to be open to public] of the Local Elections Campaign Financing Act. , and
(b) in subsection (2) by striking out "after consulting with the authorized principal official of the elector organization," and substituting "after consulting with the BC chief electoral officer and the authorized principal official of the elector organization,".
29 Section 129 (1) (b) is repealed and the following substituted:
(b) while the ballot is screened from observation, mark
it to clearly indicate the candidate or candidates for whom the elector
wishes to vote in accordance with the instructions provided for the
voting opportunity, .
30 Section 139 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Marks that clearly indicate the intention of the
elector to vote for a candidate or candidates are to be accepted and
counted as valid votes unless the ballot is rejected under
subsection (4). , and
(b) by repealing subsection (4) (d).
31 Section 157 is repealed and the following substituted:
Status of elected candidate
157 (1) A person affected by
an application under section 153 who has been declared elected is
entitled to take office and to vote and otherwise act in the office
unless the court declares the candidate disqualified, or the election
invalid, and the office vacant.
(2) If a person who is declared disqualified to hold
office by the Supreme Court appeals the decision, the appeal does not
operate as a stay of the declaration and the person is disqualified
pending the final determination of the appeal.
(2.1) If the election of a person is declared invalid by
the Supreme Court and the decision is appealed, the appeal does not
operate as a stay of the declaration and the person ceases to hold
office pending the final determination of the appeal.
(3) If, on the final determination of an appeal, a
person is declared qualified to hold office, or an election is declared
valid, the court may order that any money paid under section 155 (5) [disqualified candidate required to pay money towards cost of by-election] be repaid with interest as directed by the court.
(4) A person who, on the final determination of an appeal, is declared qualified to hold office or validly elected is entitled,
(a) if the term of office for which the person was
elected has not ended, to take office for any unexpired part of the term
and, for this purpose, any person elected or appointed to the office
since the declaration of disqualification or invalidity ceases to hold
office at the time the person declared qualified or validly elected
takes office, and
(b) if the term of office for which the person was
elected is expired, to be nominated for and to be elected to office at
any following election if otherwise qualified.
32 Section 160 (1) (b) and (2) (b) is amended by striking out "and endorsement documents".
33 Section 167 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The minister may, in the following circumstances,
make any order the minister considers appropriate to achieve the
purposes of this Part or Part 4 [Assent Voting]:
(a) the minister considers the order necessary because of special circumstances regarding an election or assent voting;
(b) the minister considers the order necessary because
of an irregularity or procedural error in the administration or conduct
of an election or assent voting. , and
(b) by adding the following subsection:
(4) An order under this section may be made retroactive
to a date not earlier than the first day of the election period or 80
days before general voting day established under section 174 [general voting day for assent voting] for the assent voting, as applicable, and, if made retroactive, is deemed to have been made on the specified date.
34 Section 167.1 is amended by adding the following subsection:
(4) A regulation under subsection (1) may be made
retroactive to a date not earlier than the first day of the election
period or 80 days before general voting day established under
section 174 [general voting day for assent voting] for the assent voting, as applicable, and, if made retroactive, is deemed to have come into force on the specified date.
35 Section 201 is amended
(a) by repealing subsection (4) and substituting the following:
(4) An appointment under subsection (3) takes effect
when the resolution making the appointment is passed, and the alternate
director so appointed holds office until the earlier of the following:
(a) the next general local election;
(b) the director for whom the alternate is appointed ceases to hold office for one of the following reasons:
(i) the office is declared vacant under section 155 (1) (b) or (2) (b) or (c) [power of court on application];
(ii) another candidate is declared elected in place of the director under section 155 (1) (c) or (2) (d);
(iii) the electoral area director renounces claim to the office under section 153 (9) [application to court respecting validity of election]. ,
(b) in subsection (5) by striking out "becomes vacant through resignation, disqualification or death," and substituting "becomes
vacant through resignation, death or disqualification, other than
because of a declaration by the court under section 155 (1) (b),", and
(c) by repealing subsection (8) and substituting the following:
(8) An alternate director appointed by an electoral area
director holds office as alternate director until the earliest of the
following:
(a) a replacement is appointed under subsection (7);
(b) the next general local election;
(c) the electoral area director who appointed the
alternate ceases to hold office for one of the reasons set out in
subsection (4) (b).
36 The following sections are added:
Acting electoral area directors
201.1 (1) This section applies if an electoral area director ceases to hold office for any of the following reasons:
(a) the office is declared vacant under section 155 (1) (b) or (2) (b) or (c) [power of court on application];
(b) after making an oath or affirmation under
section 202, the electoral area director renounces claim to the office
under section 153 (9) [application to court respecting validity of election].
(2) A board may, by resolution, appoint an acting director to fill the vacancy in the office of the electoral area director.
(3) A person appointed under subsection (2) must have
the qualifications necessary to be nominated as a director for the
electoral area.
(4) An appointment under subsection (2) takes effect
when the resolution making the appointment is passed, and the acting
director so appointed holds office as an acting director until a
director elected for the electoral area takes office.
(5) An acting director appointed under subsection (2)
has the same rights, duties and powers as a person elected as an
electoral area director, other than the duty to appoint an alternate
director under section 201.
Alternate acting electoral area directors
201.2 (1) An acting director appointed under section 201.1 must appoint an alternate acting director as follows:
(a) the appointment must be made within 50 days of
(i) the appointment of the acting director, or
(ii) the office of the alternate acting director becoming vacant through resignation, disqualification or death;
(b) the person appointed must have the qualifications necessary to be nominated as a director for the electoral area.
(2) An appointment under subsection (1) takes effect when
(a) the appointment has been approved in writing by 2
electors who reside in the electoral area that the acting director
represents, and
(b) the acting director notifies, in writing, the regional district corporate officer of the appointment of the alternate.
(3) If an acting director does not appoint an alternate
acting director in accordance with subsection (1), the board must, by
resolution, appoint a person who has the qualifications necessary to be
nominated as a director for that electoral area as an alternate acting
director.
(4) An appointment under subsection (3) takes effect
when the resolution making the appointment is passed, and the alternate
acting director so appointed holds office until a director elected for
the electoral area takes office.
(5) If the office of an acting director becomes vacant through resignation, disqualification or death,
(a) the alternate acting director holds the office
until a director for the electoral area takes office following the next
election for the office, or
(b) if the alternate acting director is unable or
unwilling to hold office as an acting director, the board must, by
resolution, appoint another person who has the qualifications to be
nominated as a director for the electoral area and that person holds the
office as provided in paragraph (a).
(6) On behalf of an absent acting director, the
alternate acting director appointed under this section may take the
place of, vote and generally act in all matters for the absent acting
director, including in relation to a matter delegated to that acting
director by the board.
(7) The acting director who appointed an alternate
acting director may appoint, as a replacement for the alternate acting
director, another person who has the qualifications necessary to be
nominated as a director for that electoral area.
(8) An alternate acting director appointed by an acting
director holds office as an alternate acting director until a director
elected for the electoral area takes office.
37 Section 202 is amended
(a) by repealing subsection (1) (c) and substituting the following:
(c) in the case of a person appointed as an acting
director or alternate acting director, within 45 days after the
effective date of the appointment; ,
(b) in subsection (4) by striking out "other than a person appointed as an alternate director," and substituting "other than a person appointed as an alternate director, acting director or alternate acting director,", and
(c) in subsection (8) by adding "or as provided in section 201 (4) or (8), 201.1 (4) or 201.2 (4) or (8), as applicable," after "the member is entitled to hold that office through its term".
38 Section 338 (2) is amended by adding the following paragraph:
(j) a service for the following purposes:
(i) fire safety inspections, within the meaning of the Fire Safety Act, under Part 4 [Fire Safety Inspections] of that Act;
(ii) fire investigations, within the meaning of the Fire Safety Act, under Division 1 [Fire Investigations] of Part 7 [Fire Investigations and Inquiries] of that Act.
39 Section 380 (2) is amended by adding the following paragraph:
(l) in the case of services referred to in section 338 (2) (j) [services under the Fire Safety Act],
(i) subject to subparagraph (ii) of this paragraph,
among all the electoral areas, with the service area deemed to be all
the electoral areas, and
(ii) if the board provides that some or all of the
costs are to be apportioned among the electoral areas that the board
considers benefit from the services, those costs must be apportioned
among those electoral areas, with the service area deemed to be all
those electoral areas.
40 The following sections are added:
Limited exception to section 511
511.1 (1) In this section, "cost charge bylaw" means
(a) a development cost charge bylaw adopted by the
Metro Vancouver Regional District or by the Greater Vancouver Water
District incorporated under the Greater Vancouver Water District Act, and
(b) an amenity cost charge bylaw, as defined in section 570.1 [definitions in relation to Division 19.1], adopted by the Metro Vancouver Regional District.
(2) Despite section 511, this section applies in
relation to a cost charge bylaw that was adopted on or before
March 22, 2024 and after
(a) an application for a subdivision of land located
outside a municipality has been submitted to a district highway manager
in a form satisfactory to that official, or
(b) an application for a subdivision of land within a
municipality has been submitted to a designated municipal officer and
the applicable subdivision fee has been paid.
(3) Subject to subsection (4), a cost charge bylaw that
would otherwise be applicable to the subdivision has no effect with
respect to that subdivision on or before March 22, 2026 if
(a) the application for subdivision was submitted before March 22, 2024, and
(b) the cost charge bylaw would increase a development
cost charge or amenity cost charge on a person who obtains approval of
the subdivision.
(4) Subsection (3) does not apply if the applicant
agrees in writing that the cost charge bylaw should have effect with
respect to the subdivision.
Limited exception to section 568
568.1 (1) In this section:
"development cost charge bylaw"
means a development cost charge bylaw adopted on or before
March 22, 2024 by the Metro Vancouver Regional District or by the
Greater Vancouver Water District incorporated under the Greater Vancouver Water District Act;
"in-stream" has the same meaning as in section 568 (1);
"precursor application" has the same meaning as in section 568 (1).
(2) Despite section 568 (2), and subject to
subsection (3) of this section, a development cost charge bylaw that
would otherwise be applicable to the construction, alteration or
extension of a building or structure has no effect with respect to that
construction, alteration or extension if
(a) the building permit authorizing that construction,
alteration or extension is issued within 24 months after the date the
development cost charge bylaw is adopted,
(b) a precursor application to that building permit is in-stream on the date the development cost charge bylaw is adopted, and
(c) the development cost charge bylaw would increase development cost charges on a person who obtains that building permit.
(3) Subsection (2) does not apply if the applicant for
that building permit agrees in writing that the development cost charge
bylaw should have effect.
Limited exception to section 570.91
570.911 (1) In this section:
"amenity cost charge bylaw"
means an amenity cost charge bylaw, as defined in section 570.1, adopted
by the Metro Vancouver Regional District on or before March 22, 2024;
"in-stream" has the same meaning as in section 568 (1);
"precursor application" has the same meaning as in section 568 (1).
(2) Despite section 570.91 (3), and subject to
subsection (3) of this section, an amended amenity cost charge bylaw
that would otherwise be applicable to the construction, alteration or
extension of a building or structure has no effect with respect to that
construction, alteration or extension if
(a) the building permit authorizing that construction,
alteration or extension is issued within 24 months after the date the
amenity cost charge bylaw is amended,
(b) a precursor application to that building permit is in-stream on the date the amenity cost charge bylaw is amended, and
(c) the amended amenity cost charge bylaw would increase amenity cost charges on a person who obtains that building permit.
(3) Subsection (2) does not apply if the applicant for
that building permit agrees in writing that the amenity cost charge
bylaw should have effect.
41 The following section is added:
Owners must be given notice before tax sale
647.1 (1) At least 30 days
before the date of the annual tax sale, the collector must, in relation
to a property subject to tax sale, give written notice to a person
registered in the land title office as an owner of the fee simple of the
property.
(2) A notice under subsection (1) must include the following:
(a) the time and place of the annual tax sale;
(b) the legal description and street address, if any, of the property subject to tax sale;
(c) the amount of the delinquent taxes calculated in accordance with section 246 [delinquent taxes] of the Community Charter
and a statement that, if the amount of delinquent taxes is not paid
before the annual tax sale, the collector will offer the property for
sale by public auction at the time and place stated in the notice;
(d) a statement that, if the property is sold at the
annual tax sale, a right of redemption will remain in the owner of the
fee simple, or a person registered in the land title office as an owner
of a charge on the property, until the end of the redemption period;
(e) a statement that the amount payable to redeem the
property after the annual tax sale will be greater than the amount of
delinquent taxes.
(3) Subject to any regulations, a notice under
subsection (1) must be given to the owner of the fee simple at the
address of the owner set out in
(a) the most recent revised assessment roll, as defined in section 1 (1) of the Assessment Act, or
(b) the records of the land title office.
(4) A notice under subsection (1) must be given to the owner of the fee simple by one of the following methods:
(a) by personal service;
(b) by sending the notice by ordinary mail, registered mail or courier;
(c) by sending the notice by another method prescribed by regulation.
(5) If a notice under subsection (1) is given by a
method other than sending by registered mail, the collector must create a
record of
(a) the method by which the notice was given,
(b) the date and time the notice was given and, if applicable, the place of mailing, and
(c) an acknowledgement, if any, of receipt of the notice by the owner of the fee simple.
(6) A notice given in accordance with this section, unless received earlier, is conclusively deemed to be received as follows:
(a) if given by sending the notice by ordinary or
registered mail or courier, on the seventh day after it is mailed or
received by the courier, as applicable;
(b) if given by sending the notice by another method prescribed by regulation, on the seventh day after it is sent.
(7) The collector must retain a copy of each notice under subsection (1).
(8) For the purposes of subsections (3) and (4), the
Lieutenant Governor in Council may make regulations in relation to a
notice under subsection (1) as follows:
(a) specifying alternative addresses or locations at which the notice may be given;
(b) establishing alternative methods of giving the notice;
(c) establishing restrictions and conditions on the use of alternative addresses, locations or methods.
42 Section 657 (3) is amended by adding "and section 647.1 [owners must be given notice before tax sale]" after "set out in subsection (1)".
43 Section 666 (2) (c) is amended by striking out "section 657 [notice of tax sale and redemption period]" and substituting "section 647.1 [owners must be given notice before tax sale] or 657 [notice of tax sale and redemption period]".
44 Section 676 (3) is amended by striking out "mountain improvement district" and substituting "mountain resort improvement district".
45 Section 797 is amended
(a) by repealing subsection (1) and substituting the following:
(1) In this section:
"density benefits zoning bylaw" has the same meaning as in section 478.1 [definitions in relation to Division 5 of Part 14];
"site-specific density benefits zoning bylaw"
means a type of density benefits zoning bylaw that is limited in its
application to a specific site comprised of one or more parcels of
land. , and
(b) by adding the following subsections:
(7) Despite subsections (2) and (3), a site-specific
density benefits zoning bylaw of a local government is not required to
be amended in accordance with the provisions referred to in
subsection (2) (a) to (e) if the following requirements are met:
(a) either
(i) the local government has the site-specific density benefits zoning bylaw on April 25, 2024, or
(ii) the site-specific density benefits zoning bylaw
has been given first reading on or after April 25, 2024 but before the
prescribed date;
(b) the site-specific density benefits zoning bylaw is
consistent with the density rules set out in a density benefits zoning
bylaw, if any, applicable to a broader geographic area in which the site
is located,
(i) at the time the site-specific density benefits
zoning bylaw is adopted, as contemplated by paragraph (a) (i) of this
subsection, or
(ii) at the time the site-specific density benefits
zoning bylaw is given first reading, as contemplated by
paragraph (a) (ii) of this subsection.
(8) For certainty, a site-specific density benefits
zoning bylaw referred to in subsection (7) must, if amended after the
prescribed date, be amended in accordance with the provisions referred
to in subsection (2) (a) to (e).
46 Section 797 (2), (3) and (5) (a) is amended by striking out "the date this section comes into force" and substituting "April 25, 2024".
Vancouver Charter
47 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following section:
Relationship with Provincial laws
2.3 (1) A provision of a by-law has no effect if it is inconsistent with a Provincial enactment.
(2) For the purposes of subsection (1), unless otherwise
provided, a by-law is not inconsistent with another enactment if a
person who complies with the by‑law does not, by this, contravene the
other enactment.
(3) Subsection (1) does not apply to section 292 (4) [subdivision control].
48 Section 7 is amended
(a) by adding the following definition:
"authorized drop-off location" means a location specified by the chief election officer under section 72 (4.1) [mail ballot voting]; ,
(b) by repealing the definition of "endorsement documents", and
(c) by adding the following definition:
"secrecy enclosure" means a secrecy envelope, secrecy sleeve or other means of keeping a ballot secret; .
49 Section 44 (1) (g) is repealed and the following substituted:
(g) if applicable, each of the statements referred to in section 45.3 (1) [candidate endorsement by elector organization].
50 Section 45 is amended
(a) by repealing subsection (4) and substituting the following:
(4) Nomination documents may be delivered
(a) by hand,
(b) by mail or other delivery service,
(c) by fax, or
(d) by email. ,
(b) by repealing subsection (5),
(c) in subsection (7) by striking out "provide for public access to nomination documents" and substituting "provide for public access to all or part of the nomination documents", and
(d) by adding the following subsections:
(7.1) A by-law under subsection (7) that provides for
public access by the internet or other electronic means may not permit
public access to the residential address of the person nominated other
than the municipality, electoral area or treaty lands in which the
person is resident.
(9) Before inspecting nomination documents available
under subsection (6) (a), a person other than a city officer or employee
acting in the course of duties must sign a statement that the person
will not use the information included in them except as permitted under
subsection (8).
51 Section 45.3 (1) is repealed and the following substituted:
(1) Subject to this section, an incorporated or
unincorporated organization may endorse a person who is or intends to be
a candidate in an election and have that endorsement included on the
ballot for the election if
(a) the authorized principal official of the elector
organization signs a statement that the elector organization endorses
the person as a candidate,
(b) the person signs a statement consenting to the endorsement, and
(c) the statements referred to in paragraphs (a)
and (b) are included in the nomination documents in relation to the
person's nomination.
52 Section 45.4 is repealed.
53 Section 49 is amended
(a) by repealing subsection (2) (b) and substituting the following:
(b) the usual names of the candidates for each office
and the municipalities, electoral areas or treaty lands in which the
candidates are resident; , and
(b) by repealing subsections (5) and (6).
54 Section 72 is amended
(a) in subsection (4) by striking out "in
any manner the chief election officer considers will give reasonable
notice to the electors who will be entitled to vote by this means" and substituting "in any manner the chief election officer considers appropriate",
(b) by adding the following subsection:
(4.1) The chief election officer may specify one or more
locations at which persons voting may return mail ballot packages and,
if this is done, the notice under subsection (4) must include the
location and office hours of each specified location. ,
(c) in subsection (6) (b) and (c) by striking out "secrecy envelope" and substituting "secrecy enclosure",
(d) by repealing subsection (6) (d) and substituting the following:
(d) an outer envelope on which is printed the address
of the chief election officer at the City Hall and in which the secrecy
enclosure under paragraph (b), the certification envelope under
paragraph (c) and, if applicable, the registration application under
paragraph (e) are to be returned; ,
(e) in subsection (7) (b) by adding "and" at the end of subparagraph (i) and by repealing subparagraph (ii),
(f) by adding the following subsection:
(7.1) In order to vote using a mail ballot, an elector must return the elector's mail ballot package to
(a) the address printed on the outer envelope included in the mail ballot package, or
(b) an authorized drop-off location, if any. , and
(g) by repealing subsection (8) and substituting the following:
(8) In order to be counted for an election, a mail
ballot must be received at the address referred to in
subsection (7.1) (a) or an authorized drop-off location, if any, before
the close of voting on general voting day, and it is the obligation of
the person voting by mail ballot to ensure that the mail ballot is
received within this time limit.
55 Section 77 is amended
(a) by repealing subsection (1) (d) and substituting the following:
(d) if applicable, the name, abbreviation or acronym of
the endorsing elector organization for a candidate, as included in the
register of elector organizations maintained under section 30.10 [register to be open to public] of the Local Elections Campaign Financing Act. , and
(b) in subsection (2) by striking out "after consulting with the authorized principal official of the elector organization," and substituting "after consulting with the BC chief electoral officer and the authorized principal official of the elector organization,".
56 Section 91 (1) (b) is repealed and the following substituted:
(b) while the ballot is screened from observation, mark
it to clearly indicate the candidate or candidates for whom the elector
wishes to vote in accordance with the instructions provided for the
voting opportunity, .
57 Section 101 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Marks that clearly indicate the intention of the
elector to vote for a candidate or candidates are to be accepted and
counted as valid votes unless the ballot is rejected under
subsection (4). , and
(b) by repealing subsection (4) (d).
58 Section 119 is repealed and the following substituted:
Status of an elected candidate
119. (1) A person affected
by an application under section 115 who has been declared elected is
entitled to take office and to vote and otherwise act in the office
unless the court declares the candidate disqualified, or the election
invalid, and the office vacant.
(2) If a person who is declared disqualified to hold
office by the Supreme Court appeals the decision, the appeal does not
operate as a stay of the declaration and the person is disqualified
pending the final determination of the appeal.
(2.1) If the election of a person is declared invalid by
the Supreme Court and the decision is appealed, the appeal does not
operate as a stay of the declaration and the person ceases to hold
office pending the final determination of the appeal.
(3) If, on the final determination of an appeal, a
person is declared qualified to hold office, or an election is declared
valid, the court may order that any money paid under section 117 (5) be
repaid with interest as directed by the court.
(4) A person who, on the final determination of an appeal, is declared qualified to hold office or validly elected is entitled,
(a) if the term of office for which the person was
elected has not ended, to take office for any unexpired part of the term
and, for this purpose, any person elected or appointed to the office
since the declaration of disqualification or invalidity ceases to hold
office at the time the person declared qualified or validly elected
takes office, and
(b) if the term of office for which the person was
elected is expired, to be nominated for and to be elected at any
following election if otherwise qualified.
59 Section 122 (1) (b) and (2) (b) is amended by striking out "and endorsement documents".
60 Section 127 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The minister may, in the following circumstances,
make any order the minister considers appropriate to achieve the
purposes of this Part or Part II [Assent Voting]:
(a) the minister considers the order necessary because of special circumstances regarding an election or assent voting;
(b) the minister considers the order necessary because
of an irregularity or procedural error in the administration or conduct
of an election or assent voting. , and
(b) by adding the following subsection:
(4) An order under this section may be made retroactive
to a date not earlier than the first day of the election period or 80
days before general voting day established under section 134 [general voting day for assent voting] for the assent voting, as applicable, and, if made retroactive, is deemed to have been made on the specified date.
61 Section 272 (1) (f) is amended by striking out ", except to the extent that the person is subject to regulation by some other Statute".
62 Section 279A.1 (4) is repealed.
63 Section 311 (h) is amended by striking out "so long as such by-laws are not repugnant to any provision of that Act or the regulations thereunder".
64 Section 317.1 is amended by adding the following subsection:
(5) For certainty, the restrictions described in this
section do not limit an authority of the Council under this Act to
require a permit or to establish or impose a fee.
65 Section 634 is amended
(a) by repealing subsection (1) and substituting the following:
(1) In this section:
"density benefits zoning by-law" has the same meaning as in section 564B [definitions for Division (3) of Part XXVII];
"site-specific density benefits zoning by-law"
means a type of density benefits zoning by-law that is limited in its
application to a specific site comprised of one or more parcels of
land. , and
(b) by adding the following subsections:
(7) Despite subsections (2) and (3), a site-specific
density benefits zoning by-law of the Council is not required to be
amended in accordance with the provisions referred to in
subsection (2) (a) to (e) if the following requirements are met:
(a) either
(i) the Council has the site-specific density benefits zoning by-law on April 25, 2024, or
(ii) the site-specific density benefits zoning
by-law has been given first reading on or after April 25, 2024 but
before the prescribed date;
(b) the site-specific density benefits zoning by-law is
consistent with the density rules set out in a density benefits zoning
bylaw, if any, applicable to a broader geographic area in which the site
is located,
(i) at the time the site-specific density benefits
zoning by-law is adopted, as contemplated by paragraph (a) (i) of this
subsection, or
(ii) at the time the site-specific density benefits
zoning by-law is given first reading, as contemplated by
paragraph (a) (ii) of this subsection.
(8) For certainty, a site-specific density benefits
zoning bylaw referred to in subsection (7) must, if amended after the
prescribed date, be amended in accordance with the provisions referred
to in subsection (2) (a) to (e).
66 Section 634 (3) and (5) (a) is amended by striking out "the date this section comes into force" and substituting "April 25, 2024".
Transitional Provisions
Local elections statutes transition – application to elections
67 (1) In this section, "former provision" means a provision of the Islands Trust Act, Local Elections Campaign Financing Act, Local Government Act, School Act or Vancouver Charter that applies in relation to an election referred to in section 1 [elections to which this Act applies] of the Local Elections Campaign Financing Act, or voting referred to in section 2 [assent voting to which this Act applies] of that Act, as the provision read immediately before this section comes into force.
(2) Despite the repeal, replacement or amendment by this
Act of a former provision, the former provision continues to apply in
relation to an election referred to in section 1 of the Local Elections Campaign Financing Act, or voting referred to in section 2 of that Act, held before the 2026 general local election.
Local Government Act transition – endorsement documents
68 (1) In this section, "endorsement documents" means endorsement documents as defined in section 47 of the Local Government Act, as that section read immediately before the date this section comes into force.
(2) Despite section 32 of this Act, section 160 (1) (b) and (2) (b) [retention of nomination documents and endorsement documents] of the Local Government Act,
as that section read immediately before the date this section comes
into force, applies in relation to endorsement documents filed under
section 93 [endorsement documents] of the Local Government Act before the repeal of that section by section 24 of this Act.
Vancouver Charter transition – endorsement documents
69 (1) In this section, "endorsement documents" means endorsement documents as defined in section 7 of the Vancouver Charter, as that section read immediately before the date this section comes into force.
(2) Despite section 59 of this Act, section 122 (1) (b) and (2) (b) [retention of nomination documents and endorsement documents] of the Vancouver Charter,
as that section read immediately before the date this section comes
into force, applies in relation to endorsement documents filed under
section 45.4 [endorsement documents] of the Vancouver Charter before the repeal of that section by section 52 of this Act.
Consequential and Related Amendments
Miscellaneous Statutes Amendment Act, 2023
70 Sections 13, 14 and 15 of the Miscellaneous Statutes Amendment Act, 2023, S.B.C. 2023, c. 2, are repealed.
Miscellaneous Statutes Amendment Act (No. 3), 2023
71 Section 119 of the Miscellaneous Statutes Amendment Act (No. 3), 2023, S.B.C. 2023, c. 47, is repealed.
School Act
72 Section 45 of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following subsection:
(2.1) A board conducting a trustee election for a school
district other than School District No. 39 (Vancouver) must, by bylaw,
identify the places that are to be public notice posting places for the
purposes of section 50 [public notice requirements] of the Local Government Act, as that section applies in relation to the trustee election.
Part 3 – Post-Secondary Education and Future Skills Amendments
Professional Governance Act
73 Section 1 (1) of the Professional Governance Act, S.B.C. 2018, c. 47, is amended in the definition of "reserved practice" by striking out "the right to practice" and substituting "the right to practise".
74 Sections 52 (3) and 57 (2) (b) are amended by striking out "practice" and substituting "practise".
75 Section 118 (2) (i) is repealed and the following substituted:
(i) in respect of the following matters under Part 5 [Reserved Titles and Reserved Practice]:
(i) prescribing a reserved title for the purposes of section 51 (1) (a) [exclusivity of reserved titles and right of practice of reserved practice];
(ii) respecting the use of a reserved title or other
name, title, description or abbreviation of a name or title, or an
equivalent of a reserved title or other name or title in another
language, for the purposes of sections 51 and 52 [prohibition and limitation – use of reserved titles];
(iii) respecting a reserved practice for the purposes of section 51 (1) (b);
(iv) respecting the right of practice of a reserved practice for the purposes of sections 51 and 54 [prohibitions regarding reserved practice];
(v) amending Schedules 2 and 3 to this Act for the purposes of section 51 (2);
(vi) respecting uses of a reserved title or other
name, title, description or abbreviation of a name or title, or an
equivalent of a reserved title or other name or title in another
language, that do not constitute a contravention of section 52; .
76 Section 119 (c) is repealed and the following substituted:
(c) establish classes of persons, entities, regulatory bodies, places, things, decisions, transactions or activities;
(d) make different regulations for different persons,
entities, regulatory bodies, places, things, decisions, transactions or
activities or for different classes of persons, entities, regulatory
bodies, places, things, decisions, transactions or activities.
77 The heading to Schedule 3 is amended by striking out "Right to Practice" and substituting "Right to Practise".
Part 4 – Water, Land and Resource Stewardship Amendments
Wildlife Act
78 Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended
(a) by adding the following definition:
"aquatic invasive species"
means a controlled alien species, whether alive or dead, at any
developmental stage, that is designated by regulation under
section 6.4 (b); , and
(b) in paragraph (a) of the definition of "controlled alien species" by striking out "under section 6.4" and substituting "under section 6.4 (a) or (b)".
79 Section 6.4 is repealed and the following substituted:
Designation of controlled alien species and aquatic invasive species
6.4 If the minister
considers that a non-native species described in paragraph (a) or (b) of
the definition of "species" poses a risk to the health or safety of any
person or poses a risk to property, wildlife or wildlife habitat, the
minister may make regulations designating the species as
(a) a controlled alien species, or
(b) a controlled alien species that is an aquatic invasive species.
80 Section 6.5 is repealed and the following substituted:
Regulation of controlled alien species and aquatic invasive species
6.5 (1) The minister may, by regulation, regulate, prohibit and impose requirements in relation to the following:
(a) the possession of a species individual of a controlled alien species;
(b) the breeding of controlled alien species;
(c) the release of a species individual of a controlled alien species;
(d) trafficking in species individuals of a controlled alien species;
(e) the shipping or transporting in British Columbia
of, or the engaging of another person to ship or transport in British
Columbia, a species individual of a controlled alien species.
(2) The minister may, by regulation, regulate, prohibit
and impose requirements in relation to any of the following for the
purposes of preventing aquatic invasive species from entering into or
spreading in British Columbia:
(a) the driving, operating, shipping or transporting in
British Columbia of, or the engaging of another person to drive,
operate, ship or transport in British Columbia, any of the following:
(i) a motor vehicle or other vehicle;
(ii) an aircraft designed to land on water;
(iii) a boat;
(b) the shipping or transporting in British Columbia
of, or the engaging of another person to ship or transport in British
Columbia, any of the following:
(i) a boat trailer;
(ii) any item used for fishing;
(iii) a wharf or dock;
(iv) any item used for water-based activities;
(v) any equipment associated with, and any component
of, an aircraft designed to land on water, a boat or a thing referred
to in this paragraph.
(3) The minister may make the following regulations in
relation to inspections for the purposes of preventing aquatic invasive
species from entering into or spreading in British Columbia:
(a) establishing a specified period or a specified
event before which there must be an inspection, in accordance with
section 95.1, of a vehicle, aircraft, boat, trailer, item, wharf, or
dock, or any equipment, referred to in subsection (2);
(b) requiring the creation or retention of records,
including, without limitation, a requirement for the retention of
records related to the inspection or decontamination of a vehicle,
aircraft, boat, trailer, item, wharf, or dock, or any equipment,
referred to in subsection (2).
(4) In making regulations under this section, the minister may do one or more of the following:
(a) define classes of the following:
(i) controlled alien species;
(ii) vehicles, aircrafts, boats, trailers, items, wharves, docks or equipment referred to in subsection (2);
(b) make different regulations for the following:
(i) different controlled alien species or classes of controlled alien species;
(ii) different vehicles, aircrafts, boats, trailers,
items, wharves, docks or equipment referred to in subsection (2) or
classes of vehicles, aircrafts, boats, trailers, items, wharves, docks
or equipment referred to in subsection (2);
(c) exclude a person or a vehicle, aircraft, boat,
trailer, item, wharf, or dock, or any equipment, referred to in
subsection (2) or classes of persons or vehicles, aircrafts, boats,
trailers, items, wharves, docks or equipment referred to in
subsection (2);
(d) delegate a matter to a person;
(e) confer a discretion on a person.
81 Section 6.6 (1) is amended by adding ", 95.3" after "95".
82 Section 83 (2) is amended by striking out "a sign or notice posted" and substituting "a sign, notice or traffic control device posted or erected".
83 Section 84 (1) (b) (i) is amended by striking out "95 (2)" and substituting "95.3 (2), (3), (4) or (5)".
84 Section 95 is repealed and the following substituted:
Power to stop and obtain information
95 (1) In this section and sections 95.1 to 95.3:
"aircraft" means a private or chartered aircraft;
"specified person" means a person in possession of any of the following:
(a) an aircraft designed to land on water;
(b) a boat;
(c) any water-related equipment;
"vehicle" means a motor vehicle or other vehicle;
"water-related equipment" means any of the following:
(a) a boat trailer;
(b) any item used for fishing;
(c) a wharf or dock;
(d) any item used for water-based activities;
(e) any equipment associated with, and any component
of, an aircraft designed to land on water, a boat or a thing referred to
in paragraphs (a) to (d) of this definition.
(2) An officer may, for the purposes of this Act, stop a
person who is driving or operating a vehicle, aircraft or boat to
determine whether or not the driver, operator or occupants have been
hunting, trapping or angling, and to obtain information about wildlife
or game fish possessed by them.
(3) An officer may, for the purposes of preventing
aquatic invasive species from entering into or spreading in British
Columbia, stop any of the following persons to obtain any of the records
or information referred to in subsection (4):
(a) the driver or operator of a vehicle transporting
(i) an aircraft designed to land on water,
(ii) a boat, or
(iii) any water-related equipment;
(b) the operator of an aircraft designed to land on water;
(c) the operator of a boat;
(d) a specified person.
(4) The following records or information may be obtained under subsection (3):
(a) information from the driver or operator, any
occupant or a specified person in relation to the use of the vehicle,
aircraft, boat or water-related equipment in water-based activities;
(b) information from the driver or operator, any
occupant or a specified person in relation to the exposure of the
vehicle, aircraft, boat or water-related equipment to water;
(c) records or information in relation to the vehicle,
aircraft, boat or water-related equipment, including, without
limitation, any of the following:
(i) vehicle, aircraft or boat registration;
(ii) boating records;
(iii) inspection or decontamination records;
(iv) prescribed records or information;
(d) any other information in relation to aquatic invasive species.
Power to stop and inspect
95.1 (1) For the purposes
of preventing aquatic invasive species from entering into or spreading
in British Columbia, an officer may, without a warrant, stop any of the
following persons to conduct an inspection in accordance with
subsection (2):
(a) the driver or operator of a vehicle transporting
(i) an aircraft designed to land on water,
(ii) a boat, or
(iii) any water-related equipment;
(b) the operator of an aircraft designed to land on water;
(c) the operator of a boat;
(d) a specified person.
(2) For the purposes of preventing aquatic invasive
species from entering into or spreading in British Columbia, an officer
may, without a warrant, do any of the following:
(a) inspect an aircraft designed to land on water, a
boat or any water-related equipment, including, without limitation, any
of the following:
(i) the interior or exterior of the aircraft, boat or equipment;
(ii) bait buckets;
(iii) ballast tanks;
(iv) bilge areas;
(v) compartments;
(vi) through-hull fittings;
(b) inspect the exterior of a vehicle transporting any of the following:
(i) an aircraft designed to land on water;
(ii) a boat;
(iii) any water-related equipment;
(c) enter the interior of a vehicle in which a boat or
any water-related equipment is contained and inspect the boat or
water-related equipment if
(i) the vehicle contains a boat or any equipment that was exposed to water, and
(ii) the boat or equipment cannot reasonably be removed from the vehicle.
(3) An officer who is conducting an inspection under
this section may do any of the following for the purposes of the
inspection:
(a) require the driver or operator or an occupant of a
vehicle, aircraft designed to land on water or boat or a specified
person to facilitate access to the vehicle, aircraft or boat, or any
equipment, including, without limitation, by uncovering or unlocking an
area to be inspected;
(b) take samples of water, aquatic invasive species or suspected aquatic invasive species and perform analyses and tests;
(c) take photographs of
(i) a vehicle,
(ii) an aircraft designed to land on water,
(iii) a boat,
(iv) any water-related equipment, or
(v) water, aquatic invasive species or suspected
aquatic invasive species that are in or on a vehicle, aircraft, boat or
equipment referred to in subparagraphs (i) to (iv);
(d) make copies of relevant records.
Sign or traffic control device to stop vehicle
95.2 For the purposes of
stopping a person under section 95 or 95.1, an officer may post or erect
a sign or traffic control device directing that any of the following
persons must stop as indicated on the sign or device:
(a) a person driving or operating a vehicle, aircraft or boat;
(b) a specified person.
Offences under sections 95, 95.1 and 95.2
95.3 (1) An officer must
be wearing an officer's official uniform or displaying an officer's
official identification for the purposes of enforcing an offence under
this section.
(2) A person commits an offence if, when signalled or
requested by an officer under section 95 or 95.1, the person fails to
stop.
(3) A person commits an offence under section 95 if the person does any of the following:
(a) being the driver or operator of a motor vehicle, in
or on which there is wildlife or game fish or an article or device that
may be used for hunting, trapping or fishing, fails, refuses or
neglects to stop the motor vehicle when signalled or requested to stop
by an officer;
(b) fails to identify themselves when requested to do so by an officer;
(c) refuses to give information respecting hunting, trapping or fishing, when requested to do so by an officer;
(d) fails to give information relating to the person's
use of any of the following in water-based activities, when requested to
do so by an officer:
(i) a vehicle;
(ii) an aircraft designed to land on water;
(iii) a boat;
(iv) any water-related equipment;
(e) fails to give information relating to an exposure to water of any of the following, when requested to do so by an officer:
(i) a vehicle;
(ii) an aircraft designed to land on water;
(iii) a boat;
(iv) any water-related equipment;
(f) fails to provide a record or information specified in section 95 (4) (c), when requested to do so by an officer.
(4) A person commits an offence under section 95.1 if the person does any of the following:
(a) fails to allow an officer to inspect any of the following:
(i) a vehicle;
(ii) an aircraft designed to land on water;
(iii) a boat;
(iv) any water-related equipment;
(b) fails to facilitate access for an officer for the purposes of an inspection;
(c) fails to allow an officer to take samples of water, aquatic invasive species or suspected aquatic invasive species;
(d) fails to allow an officer to take photographs of
(i) a vehicle,
(ii) an aircraft designed to land on water,
(iii) a boat,
(iv) any water-related equipment, or
(v) water, aquatic invasive species or suspected
aquatic invasive species that are in or on a vehicle, aircraft, boat or
equipment referred to in subparagraphs (i) to (iv);
(e) fails to allow an officer to make copies of relevant records.
(5) A person, including a specified person, commits an
offence if the person fails to stop as indicated on a sign or traffic
control device posted or erected under section 95.2.
85 Section 109 is amended by adding the following subsections:
(3) The minister may make regulations for the purposes of section 95 (4) (c) (iv).
(4) The minister may make regulations for the purposes
of research or education in relation to preventing the entry and spread
of aquatic invasive species in British Columbia, including, without
limitation, regulations in relation to any of the following:
(a) the collection and retention of samples of water, aquatic invasive species or suspected aquatic invasive species;
(b) the photography of any of the following:
(i) water, aquatic invasive species or suspected aquatic invasive species;
(ii) vehicles, aircrafts designed to land on water, boats or water-related equipment, as defined in section 95 (1).
Commencement
86 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
Item |
Column 1
Provisions of Act |
Column 2
Commencement |
1 |
Anything not elsewhere covered by this table |
The date of Royal Assent |
2 |
Section 8 |
By regulation of the Lieutenant Governor in Council, which may be
made retroactive to a date not earlier than March 21, 2025 and, if made
retroactive, is deemed to have come into force on the date specified in
the regulation |
3 |
Sections 12 to 37 |
January 1, 2026 |
4 |
Section 40 |
By regulation of the Lieutenant Governor in Council, which may be
made retroactive to a date not earlier than March 21, 2025 and, if made
retroactive, is deemed to have come into force on the date specified in
the regulation |
5 |
Section 45 |
April 25, 2024 |
6 |
Sections 48 to 60 |
January 1, 2026 |
7 |
Section 65 |
April 25, 2024 |
8 |
Sections 67 to 69 |
January 1, 2026 |
9 |
Section 72 |
January 1, 2026 |
10 |
Sections 78 to 85 |
By regulation of the Lieutenant Governor in Council |
Explanatory Notes
CLAUSE 1: [Wildfire Act, section 24.1]
- adds a new provision regarding notice of, and an opportunity to be
heard in relation to, a proposed order under Division 2 of Part 3 of the
Act;
- provides that the notice must not be given more than 3 years after
the date on which the relevant facts first came to the knowledge of an
official;
- allows the minister to extend the 3-year period by up to 18 months.
CLAUSE 2: [Wildfire Act, section 25]
- removes the reference to an opportunity to be heard, consequential to the addition by this Bill of section 24.1 to the Act;
- improves readability of the obligation to provide a copy of an order
made under section 25 of the Act, along with relevant information, to
the person who is the subject of the order.
CLAUSE 3: [Wildfire Act, section 26] removes the reference to an opportunity to be heard, consequential to the addition by this Bill of section 24.1 to the Act.
CLAUSE 4: [Wildfire Act, section 27]
- removes the reference to an opportunity to be heard, consequential to the addition by this Bill of section 24.1 to the Act;
- improves readability of the obligation to provide a copy of an order
made under section 27 of the Act, along with relevant information, to
the person who is the subject of the order.
CLAUSE 5: [Wildfire Act, section 28]
- removes the reference to an opportunity to be heard, consequential to the addition by this Bill of section 24.1 to the Act;
- improves readability of the obligation to provide a copy of an order
made under section 28 of the Act, along with relevant information, to
the person who is the subject of the order.
CLAUSE 6: [Wildfire Act, section 33] repeals the section, consequential to the addition by this Bill of section 24.1 to the Act.
CLAUSE 7: [Wildfire Act transition – pre-existing administrative proceeding] provides a transitional rule respecting orders in relation to which notice was provided before the transition date.
CLAUSE 8: [Greater Vancouver Sewerage and Drainage District Act, section 58.2] applies sections 511.1 and 568.1 of the Local Government Act, as added by this Bill, to the Greater Vancouver Sewerage and Drainage District development cost charge bylaws.
CLAUSE 9: [Housing Supply Act, section 1] adds a definition of "Vancouver land use provision".
CLAUSE 10: [Housing Supply Act, section 11] adds references to a Vancouver land use provision.
CLAUSE 11: [Housing Supply Act, section 12] adds a reference to a Vancouver land use provision.
CLAUSE 12: [Islands Trust Act, section 6] applies section 201.1 of the Local Government Act, as added by this Bill, to local trustees, allowing for the appointment of acting local trustees in specified circumstances.
CLAUSE 13: [Local Elections Campaign Financing Act, section 30.11]
- adds a requirement to file a notice with the BC chief electoral
officer if an elector organization is identified on a ballot using a
shorter name, abbreviation or acronym than included in the register of
elector organizations;
- establishes requirements respecting the notice;
- adds a requirement to amend the register of elector organizations to
reflect the use of a shorter name, abbreviation or acronym to identify
an elector organization on a ballot;
- amends the duty to provide information or evidence to confirm the correctness of information;
- authorizes the BC chief electoral officer to suspend the registration of an elector organization in specified circumstances;
- establishes that contravention of the requirement to file the notice is an offence.
CLAUSE 14: [Local Elections Campaign Financing Act, section 30.12] adds an exception to the prohibition against making a change to a form of identification of an elector organization.
CLAUSE 15: [Local Elections Campaign Financing Act, section 58] amends duties of the BC chief electoral officer to make documents publicly available.
CLAUSE 16: [Local Elections Campaign Financing Act, section 62]
amends the duty of the BC chief electoral officer to make publicly
available information about the financial agent of a candidate.
CLAUSE 17: [Local Elections Campaign Financing Act, section 99] expands the authority of a minister to make orders the minister considers necessary to achieve the purposes of the Act.
CLAUSE 18: [Local Elections Campaign Financing Act, section 100.02] amends the power to make regulations respecting sponsorship contribution limits.
CLAUSE 19: [Local Elections Campaign Financing Act, Schedule] amends the definition of "endorsed".
CLAUSE 20: [Local Government Act, section 47]
- adds the definition of "authorized drop-off location";
- repeals the definition of "endorsement documents";
- adds the definition of "secrecy enclosure".
CLAUSE 21: [Local Government Act, section 87] amends the list of information and documents that must be included in a nomination for local government office.
CLAUSE 22: [Local Government Act, section 89]
- removes the requirement to deliver originals of nomination documents following their delivery by fax or email;
- amends the authority to make a bylaw providing public access to nomination documents;
- limits the information that may be made publicly accessible, by the
internet or other electronic means, about the residential address of a
person nominated;
- adds a requirement to sign a statement before inspecting nomination documents at local government offices.
CLAUSE 23: [Local Government Act, section 92]
amends the criteria for what is required for an elector organization to
endorse a candidate and have that endorsement included on the ballot.
CLAUSE 24: [Local Government Act, section 93] removes the requirement to file endorsement documents to endorse a candidate.
CLAUSE 25: [Local Government Act, section 99] amends what must be included in a notice of election.
CLAUSE 26: [Local Government Act, section 100] amends the authority to appoint a person to fill a vacant office by conferring the authority only on councils.
CLAUSE 27: [Local Government Act, section 110]
- makes a housekeeping amendment;
- authorizes a chief election officer to specify authorized drop-off locations where mail ballots may be returned;
- amends what must be contained in mail ballot packages by requiring secrecy enclosures instead of secrecy envelopes;
- makes amendments consequential to the new requirement to include secrecy enclosures in mail ballot packages;
- makes amendments consequential to the new authority to specify authorized drop-off locations.
CLAUSE 28: [Local Government Act, section 115]
- amends the requirement to include the name, abbreviation or acronym of an elector organization on a ballot;
- adds a requirement for the chief election officer to consult with
the BC chief electoral officer before using a shorter name, abbreviation
or acronym to identify an elector organization on a ballot.
CLAUSE 29: [Local Government Act, section 129] amends the requirements for how to mark a ballot when voting.
CLAUSE 30: [Local Government Act, section 139]
- amends the criteria for determining whether a mark on a ballot must be accepted and counted as a valid vote;
- makes an amendment consequential to the amendment of the criteria.
CLAUSE 31: [Local Government Act, section 157]
- amends the entitlement of a person affected by a court application
regarding the qualification of the person to take office or the validity
of the person's election to office;
- establishes that if a court declares an election invalid, an appeal does not operate as a stay of the declaration;
- amends the authority of a court to make an order for repayment of
money paid to a municipality or regional district towards the costs of
an election to fill a vacancy;
- amends the entitlement of a person declared validly elected on final determination of an appeal.
CLAUSE 32: [Local Government Act, section 160] is consequential to the removal of the definition of "endorsement documents" by this Bill.
CLAUSE 33: [Local Government Act, section 167]
expands the authority of the minister to make an order the minister
considers appropriate to achieve the purposes of Part 3 or Part 4 of the
Act.
CLAUSE 34: [Local Government Act, section 167.1]
expands the authority of the minister to make regulations if the
minister considers that special circumstances exist that affect or are
anticipated to affect the administration or conduct of election
proceedings or proceedings for assent voting.
CLAUSE 35: [Local Government Act, section 201]
- amends the period during which an alternate director appointed by the board holds office;
- makes a housekeeping amendment;
- amends the period during which an alternate director appointed by an electoral area director holds office.
CLAUSE 36: [Local Government Act, sections 201.1 and 201.2]
- adds authority for a board to appoint an acting director to fill a
temporary vacancy in the office of an electoral area director;
- adds authority for an acting director to appoint an alternate acting director.
CLAUSE 37: [Local Government Act, section 202] is consequential to the addition by this Bill of sections 201.1 and 201.2 to the Act.
CLAUSE 38: [Local Government Act, section 338] provides for an exception to requirements for regional district service establishing bylaws to comply with the Fire Safety Act.
CLAUSE 39: [Local Government Act, section 380] provides for cost apportionment rules for regional district service establishing bylaws that relate to the Fire Safety Act.
CLAUSE 40: [Local Government Act, sections 511.1, 568.1 and 570.911]
- delays the application of specified bylaws for a period of 24 months
in relation to subdivisions if the application for the subdivision was
submitted before March 22, 2024;
- prevents the application of specified development cost charge bylaws
in relation to the construction, alteration or extension of buildings
if applicable building permits are issued within 24 months after the
adoption of the bylaws;
- prevents the application of specified amenity cost charge bylaws in
relation to the construction, alteration or extension of buildings if
applicable building permits are issued within 24 months after the
amendment of the bylaws.
CLAUSE 41: [Local Government Act, section 647.1]
- requires a municipal collector to give notice to each registered
owner of the fee simple of property before the property may be sold at
tax sale;
- establishes requirements in relation to a notice;
- deems a notice to be received in specified circumstances;
- authorizes regulations in relation to where a notice may be given and the methods by which a notice may be given.
CLAUSE 42: [Local Government Act, section 657] is consequential to the addition by this Bill of section 647.1 to the Act.
CLAUSE 43: [Local Government Act, section 666]
permits an action to be brought if a collector fails to give notice in
accordance with section 647.1, as added by this Bill, or section 657 of
the Act.
CLAUSE 44: [Local Government Act, section 676] makes a housekeeping amendment.
CLAUSE 45: [Local Government Act, section 797]
provides a transitional rule respecting compliance by a local
government with specified provisions in relation to site-specific
density benefits zoning bylaws.
CLAUSE 46: [Local Government Act, section 797] makes a housekeeping amendment.
CLAUSE 47: [Vancouver Charter, section 2.3] provides for the interpretation of by‑laws.
CLAUSE 48: [Vancouver Charter, section 7]
- adds the definition of "authorized drop-off location";
- repeals the definition of "endorsement documents";
- adds the definition of "secrecy enclosure".
CLAUSE 49: [Vancouver Charter, section 44] amends the list of information and documents that must be included in a nomination for office as a member of Council.
CLAUSE 50: [Vancouver Charter, section 45]
- removes the requirement to deliver originals of nomination documents following their delivery by fax or email;
- amends the authority to make a by-law providing public access to nomination documents;
- limits the information that may be made publicly accessible, by the
internet or other electronic means, about the residential address of a
person nominated;
- adds a requirement to sign a statement before inspecting nomination documents at City Hall.
CLAUSE 51: [Vancouver Charter, section 45.3]
amends the criteria for what is required for an elector organization to
endorse a candidate and have that endorsement included on the ballot.
CLAUSE 52: [Vancouver Charter, section 45.4] removes the requirement to file endorsement documents to endorse a candidate.
CLAUSE 53: [Vancouver Charter, section 49] amends what must be included in a notice of election.
CLAUSE 54: [Vancouver Charter, section 72]
- makes a housekeeping amendment;
- authorizes the chief election officer to specify authorized drop-off locations where mail ballots may be returned;
- amends what must be contained in mail ballot packages by requiring secrecy enclosures instead of secrecy envelopes;
- makes amendments consequential to the new requirement to include secrecy enclosures in mail ballot packages;
- makes amendments consequential to the new authority to specify authorized drop-off locations.
CLAUSE 55: [Vancouver Charter, section 77]
- amends the requirement to include the name, abbreviation or acronym of an elector organization on a ballot;
- adds a requirement for the chief election officer to consult with
the BC chief electoral officer before using a shorter name, abbreviation
or acronym to identify an elector organization on a ballot.
CLAUSE 56: [Vancouver Charter, section 91] amends the requirements for how to mark a ballot when voting.
CLAUSE 57: [Vancouver Charter, section 101]
- amends the criteria for determining whether a mark on a ballot must be accepted and counted as a valid vote;
- makes an amendment consequential to the amendment of the criteria.
CLAUSE 58: [Vancouver Charter, section 119]
- amends the entitlement of a person affected by a court application
regarding the qualification of the person to take office or the validity
of the person's election to office;
- establishes that if a court declares an election invalid, an appeal does not operate as a stay of the declaration;
- amends the authority of a court to make an order for repayment of
money paid to a municipality or regional district towards the costs of
an election to fill a vacancy;
- amends the entitlement of a person declared validly elected on final determination of an appeal.
CLAUSE 59: [Vancouver Charter, section 122] is consequential to the removal of the definition of "endorsement documents" by this Bill.
CLAUSE 60: [Vancouver Charter, section 127]
expands the authority of the minister to make an order the minister
considers appropriate to achieve the purposes of Part I or Part II of
the Act.
CLAUSE 61: [Vancouver Charter, section 272] is consequential to the addition by this Bill of section 2.3 to the Act.
CLAUSE 62: [Vancouver Charter, section 279A.1] is consequential to the amendment made by this Bill to section 272 of the Act.
CLAUSE 63: [Vancouver Charter, section 311] is consequential to the addition by this Bill of section 2.3 to the Act.
CLAUSE 64: [Vancouver Charter, section 317.1] adds a clarifying provision.
CLAUSE 65: [Vancouver Charter, section 634]
provides a transitional rule respecting compliance by the Council with
specified provisions in relation to site-specific density benefits
zoning by-laws.
CLAUSE 66: [Vancouver Charter, section 634] makes a housekeeping amendment.
CLAUSE 67: [Local elections statutes transition – application to elections]
provides that the amendments made by this Bill do not apply in relation
to an election or assent voting held before the 2026 general local
election.
CLAUSE 68: [Local Government Act transition – endorsement documents] continues the application of section 160 (1) (b) and (2) (b) of the Local Government Act to endorsement documents that have already been filed.
CLAUSE 69: [Vancouver Charter transition – endorsement documents] continues the application of section 122 (1) (b) and (2) (b) of the Vancouver Charter to endorsement documents that have already been filed.
CLAUSE 70: [Miscellaneous Statutes Amendment Act, 2023, sections 13, 14 and 15] repeals not-in-force provisions consequential to the addition by this Bill of section 647.1 to the Local Government Act.
CLAUSE 71: [Miscellaneous Statutes Amendment Act (No. 3), 2023, section 119] repeals a not-in-force provision consequential to the addition by this Bill of section 647.1 to the Local Government Act.
CLAUSE 72: [School Act, section 45]
requires a board of education, other than the board for School District
No. 39 (Vancouver), to identify a public notice posting place.
CLAUSE 73: [Professional Governance Act, section 1] makes a housekeeping amendment.
CLAUSE 74: [Professional Governance Act, sections 52 and 57] makes housekeeping amendments.
CLAUSE 75: [Professional Governance Act, section 118] amends regulation-making powers of the Lieutenant Governor in Council.
CLAUSE 76: [Professional Governance Act, section 119] amends regulation-making powers of the Lieutenant Governor in Council.
CLAUSE 77: [Professional Governance Act, Schedule 3] makes a housekeeping amendment.
CLAUSE 78: [Wildlife Act, section 1] adds and amends definitions to clarify that aquatic invasive species are a subset of controlled alien species.
CLAUSE 79: [Wildlife Act, section 6.4]
establishes regulation-making authority to designate controlled alien
species and controlled alien species that are aquatic invasive species.
CLAUSE 80: [Wildlife Act, section 6.5]
establishes additional regulation-making authority for preventing
aquatic invasive species from entering into or spreading in British
Columbia.
CLAUSE 81: [Wildlife Act, section 6.6] adds a reference to a section added by this Bill to the Act.
CLAUSE 82: [Wildlife Act, section 83]
expands the offence under this section to include certain actions in
relation to traffic control devices posted or erected by an officer.
CLAUSE 83: [Wildlife Act, section 84] establishes a fine and penalty for offences added by this Bill to the Act.
CLAUSE 84: [Wildlife Act, sections 95 to 95.3] establishes authority as specified, for the purposes of enforcing the provisions added by this Bill to the Act.
CLAUSE 85: [Wildlife Act, section 109] establishes regulation-making authority for records to be requested by officers and for research and data collection purposes.
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