| Contents |
|---|
| 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 |
| 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 |
| | 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 |
| | 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 |
| | Division 3 — Municipal Property |
| | 26 | Notice of proposed property disposition |
| | 27 | Exchange or other disposal of park land |
| | 28 | Disposal of water systems, sewage systems and other utilities |
| | 29 | Municipal ownership of subdivision park land |
| | 30 | Reservation and dedication of municipal property |
| | Division 4 — Expropriation and Compensation |
| | 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 |
| | 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 |
| | 56 | Requirement for geotechnical report |
| | 57 | Note against land title that building regulations contravened |
| | 58 | Cancellation of note against land title |
| | 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 |
| | 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 |
| | 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 |
| | 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 |
| | 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 |
| | Division 5 — Reporting |
| | 98 | Annual municipal report |
| | 99 | Annual meeting on report |
| | Division 6 — Conflict of Interest |
| | 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 |
| | 109.1 | Definition |
| | 109.2 | Disclosure of charge |
| | 109.3 | Mandatory leave of absence |
| | Division 7 — Challenge of Council Member Qualification for Office |
| | 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 — Code of Conduct |
| | 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 | Confidentiality |
| | 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 |
| | 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 |
| | 132 | Authority of presiding member |
| | 133 | Expulsion from meetings |
| | 134 | Authority to compel witnesses |
| | 134.1 | Meetings and hearings outside municipality |
| | Division 3 — Bylaw Procedures |
| | 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 |
| | 163 | Evidence of municipal bylaws and other records |
| 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 |
| | 168 | Reporting of council remuneration, expenses and contracts |
| | Division 2 — Audit |
| | 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 |
| | 176 | Liabilities imposed under prescribed enactments |
| | 177 | Revenue anticipation borrowing |
| | 178 | Short term capital borrowing |
| | 179 | Loan authorization bylaws for long term borrowing |
| | 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 |
| | 184 | Property accepted in trust |
| | 185 | Ownership of corporations |
| | 186 | Self-insurance by local authorities |
| | 187 | Indemnification against proceedings |
| | Division 4 — Reserve Funds |
| | 188 | Establishment of reserve funds |
| | 189 | Use of money in reserve funds |
| | Division 5 — Restrictions on Use of Municipal Funds |
| | 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 |
| | Division 1 — General |
| | 192 | General revenue sources |
| | 193 | Authority for fees and taxes |
| | 193.1 | Interest calculation |
| | 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 |
| | Division 3 — Property Value Taxes |
| | 197 | Annual property tax bylaw |
| | 198 | Assessment averaging and phasing options |
| | 198.1 | Development potential relief |
| | 199 | Property tax rates regulations |
| | Division 4 — Parcel Taxes |
| | 200 | Parcel tax bylaw |
| | 201 | Property subject to parcel tax |
| | 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 |
| | Division 5 — Local Service Taxes |
| | 210 | Authority for local area services |
| | 211 | Requirements for establishing a local area service |
| | 212 | Petition for local area service |
| | 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 |
| | 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 |
| | 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 |
| | 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 |
| | Division 8 — Tax Liability of Occupiers |
| | 228 | Taxation of Crown land used by others |
| | 229 | Taxation of municipal land used by others |
| | 230 | Taxation of occupier of exempt land |
| | Division 9 — General Revenue Collection Authority |
| | 231 | Recovery of taxes and fees |
| | 232 | Collection agreements with other taxing authorities |
| | 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 |
| | 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 |
| | 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 |
| | 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 |
| | 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 |
| | 262 | Recovery of penalty and costs by legal remedy of distress |
| | Division 2 — Offence Act Prosecutions |
| | 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 |
| | 274 | Actions by municipality |
| | Division 5 — Other Matters |
| | 275 | Entry warrants |
| 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 |
| | 283 | Variation authority |
| | Division 3 — Dispute Resolution |
| | 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 |