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Governance &
Structure Division
 

Bill 76 - Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act 2003

 

Bill 76 - Community Charter Transitional Provisions, Consequential Amendments & Other Amendments Act, 2003 provides the rules governing the transition from the Local Government Act to the Community Charter and its links to other Acts. Bill 76 came into force at the same time as the Community Charter, on January 1, 2004.
 

Bill 76 includes four types of provisions:

  • transitional provisions,
  • consequential amendments to local government legislation,
  • consequential amendments to other legislation, and
  • housekeeping amendments to the Community Charter.

Transitional Provisions

Transitional provisions set out special rules governing the shift from one set of legislated rules to another. In some cases, the transitional provisions addressed issues that arose immediately on the coming into force of the Community Charter. In other cases, the transitional provisions have a longer term or continuing effect, including:
  • continuation of most municipal bylaws that were adopted prior to January 1, 2004;
  • rules for disposal of assets acquired with provincial grants prior to January 1, 2004;

Consequential Amendments to Local Government Legislation

The Community Charter covers the core municipal provisions, but the Local Government Act continues. Topics such as planning and land use, elections, liability and immunity protections and regional districts were not wholly or substantively amended by the Community Charter. Changes to some provisions in these areas were necessary, however, to accommodate the Community Charter or to maintain the integrity of the local government legislative framework.
 

Due to the structure of the previous Local Government Act, which applied many provisions to both regional districts and municipalities, the vast majority of the amendments to that Act are revisions to continue the existing provisions for regional districts only, where the municipal equivalents have been relocated to the Community Charter. In addition, the rules of ethical conduct, open meetings, certain requirements for passing bylaws, financial planning, reporting and auditing provisions of the Community Charter apply to regional districts, to allow regional districts to continue to function effectively and to minimize confusion for regional district local elected officials as to which rules apply.
 

The legislation governing other local government bodies, including the City of Vancouver, the greater boards and the Islands Trust bodies continue the application of common accountability and ethical conduct provisions, either through application of Community Charter provisions or the addition of parallel provisions.
 

Consequential Amendments to Other Legislation

The vast majority of the consequential amendments to other legislation are minor technical updates that follow directly from the movement of municipal provisions from the Local Government Act to the Community Charter. A small number of statutes are adapted to accommodate some conceptual changes arising from the Community Charter; these adaptations are a consequence of policy choices in the development of the Community Charter.
 

Housekeeping Amendments to the Community Charter

Bill 76 includes a handful of housekeeping amendments to the Community Charter. These changes are minor in nature and correct errors identified in Bill 14; they do not reflect any policy changes.
 

Please direct questions or comments to Advisory Services Branch
 

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