LGD: ID Bylaw Deregulation Initiative
Circular No. 08:24
ARCS File#: 195-20
December 9, 2008
To: All Improvement District Boards of Trustees and Administrators
Re: ID Bylaw Deregulation Initiative
Over the past several years, the Ministry of Community Development (Ministry) undertook a major project review
aimed at reducing the volume of provincial approvals for improvement district bylaws, and streamlining the bylaw
approval process for improvement districts. Extensive consultation was done with both the Water Supply
Association of B.C. and the Coastal Water Supply Association, and a survey was sent out to all improvement
districts in November 2006.
Based on the results of this consultation, and a risk assessment process carried out by the Ministry,
seven bylaw categories were identified for the first stage of deregulation.
The culmination of this work is the above-mentioned Order-in-Council and Ministerial Order
which will exempt the following bylaws from registration by the Inspector of Municipalities
effective January 1st, 2009:
- CEC Disbursement;
- Connection Charge;
- Miscellaneous Charge;
- Renewal Reserve Establishment and Disbursement; and,
All bylaws in these categories that are passed by a Board of Trustees after
January 1, 2009 will be exempt from registration with the Inspector. Bylaws
in these categories will now come into force and effect immediately upon them
being passed by the improvement district Board of Trustees. One original copy
of all bylaws in these categories must be filed in this office immediately
after passage by the improvement district.
All bylaws in all other bylaw categories (Borrowing, Capital Expenditure Charge Establishment,
Latecomer Charge Agreements, Meeting Procedures, Operating Tax Advances, Taxation and Regulation)
still require registration and do not come into force and effect until registration occurs.
As a result of this change, it is now vital that Trustees and Officers exercise caution if
considering a bylaw that does not follow the sample in the Improvement District Manual, unless
the bylaw has had legal referral. In addition, ensure that all bylaws you pass are well
understood, ie. do not confuse connection charges with capital expenditure charges, and make
certain that connection charge and miscellaneous service charge bylaws only reimburse actual
costs, as they may not be used to generate general revenue. Failure to do so may leave the
improvement district open to challenge.
Ministry staff are currently updating the Improvement District Manual, which will be reissued
in the new year. In addition, a new Trustees Handbook will be sent to all improvement districts
in the next few weeks, and the Ministry website is being updated, to reflect these changes.
Further bylaws may be considered at a later date for deregulation. Additional consultation
would take place before that would occur.
If you have any questions or concerns about these changes please contact your designated
Financial Officer or Administrative Officer. If you do not know who your Officer is, you can
use the Search for Advisory Staff Contact Information available through the Ministry website
If you have any specific questions or concerns relating to this deregulation initiative
please contact either Deborah Humphrey at 250 387-4026 or Rob Rounds at
Original signed by:
Deputy Inspector of Municipalities