University Endowment Land Act

University Endowment Land Act 469 1996 7900609/96469/tlc96469_f E4tlc96469 Definitions 1 In this Act, land or University Endowment Land means all lands outside a municipality within the following parts of Group 1, New Westminster District: a District Lot 140: b that part of Lot 6494 shown on plan 11469 filed in the office of the minister at Victoria. Improvement, disposal and administration of land 2 1 Subject to the regulations, the minister may do one or more of the following: a survey, resurvey and subdivide into lots, blocks, streets, lanes, boulevards, recreational courts, parks and other areas all lands that are held by the government within the University Endowment Land; b construct, install, lay and otherwise provide sewers, drains, pipes, sidewalks, curbs, street pavements, boulevards, water systems, street lighting systems, fire protection systems, garbage disposal systems and other works of improvement and convenience considered necessary or conducive to the improvement, development and fitting of the land for occupation and use; c charge against the land and owners benefiting from works authorized under paragraph (b) the rates required to defray the cost of those works; d advertise and otherwise provide for the disposition by sale or lease, and sell or lease, any of the land so subdivided into lots or blocks and any of the land subdivided under the British Columbia University Loan Act, 1920 , S.B.C. 1920, c. 49, in the manner, at the prices and on the terms and conditions the minister considers proper; e maintain and operate works and services considered necessary or conducive to the use and occupation of the subdivided land by purchasers and other occupants, and charge the fees, rates and tolls for the maintenance and operation of them prescribed by this Act and the regulations or imposed by bylaws under this Act. f) and (g [Repealed 2006-3-22.] 2 Officers and employees necessary for the administration of this Act may be appointed under the Public Service Act . 3 Despite subsection (1) (c), if the works described in subsection (1) (b) are completed as a result of a petition under section 6, the total cost of the works must be apportioned as local improvement charges to the land concerned and the owners of it as provided in this Act and the regulations and bylaws under this Act. 4 [Repealed 2006-3-22.] Administration account 3 The following must be paid into the consolidated revenue fund: a the amounts collected from taxes imposed under the Taxation (Rural Area) Act on land and improvements referred to in section 4 of this Act; b the amounts derived from the disposition of any of the land subdivided under this Act or under the British Columbia University Loan Act, 1920 , S.B.C. 1920, c. 49; c the amounts derived from payments made to the government on account of local improvements under agreements entered into by the purchasers and lessees of the subdivided land in respect of them and the local improvement charges, collected under section 2 (3); d the amounts derived from the maintenance or operation of any work or service for the convenience or use of the occupants of the subdivided land, including all fees, rates and tolls payable under the regulations and the bylaws under this Act. e [Repealed 2006-3-23.] Taxation of land and improvements 4 1 On or before April 30 in each year the minister must provide to the Surveyor of Taxes separate statements showing the amount of money required for the part of the district lot referred to in the definition of "land" in section 1 in that calendar year for the following purposes: a for general administration and maintenance of the part of the district lot as a whole; b for construction and maintenance of water systems and sewer systems and other works in specified areas of the part of the district lot. 2 On receiving the statements under subsection (1) the Surveyor of Taxes must apportion and levy the amounts required in the part of the district lot as follows: a despite the Taxation (Rural Area) Act , land and improvements liable to taxation under the Taxation (Rural Area) Act must be classified as rural land only, and taxed at a rate on the full assessed value of the land and on a percentage of the improvements the Lieutenant Governor in Council directs, to raise the money required under subsection (1) (a); b on the net taxable value of land and improvements, but excluding property taxable for school purposes only by special Act, in each specified area to raise the money required under subsection (1) (b). 3 [Repealed 2003-3-50.] 4 For the purposes of subsection (2) (b), a the definition of "improvements" in the Assessment Act applies, and b the exemptions in sections 129 to 131 of the School Act apply. 5 Except as to the basis of assessment and taxation as provided in subsection (2), a the Taxation (Rural Area) Act applies to the levy, collection and recovery of all taxes imposed under this section and to the addition of interest on them, and b the taxes, if assessed and levied, are deemed to be taxes imposed and assessed under the Taxation (Rural Area) Act . School Act applies 5 All the provisions of the School Act apply to the assessment, levy, collection and recovery of all taxes imposed for school purposes in the University Endowment Land. Petitions for local improvements 6 1 Subject to the regulations, a work referred to in section 2 (1) (b) may be undertaken by the minister as a local improvement on receipt by the minister of a petition for the work, signed by at least 2/3 in number of the owners of the land, that must represent at least 1/2 of the value of the land liable to be specially assessed or charged with part of the cost of a work. 2 There must be set out opposite every signature to the petition for or against a local improvement work a description of the land of which the petitioner is the owner by its number or other description as will enable the minister or an official authorized by the minister to identify it. 3 A petition for or against the undertaking of a work a must be filed with the authorized official, and b is deemed to be presented to the minister when it is filed. 4 The sufficiency of a petition for or against a work must be determined and certified by the authorized official and when certified for purposes of the minister's decision is final and conclusive. 5 A person must not withdraw the person's name from, and a name must not be added to, a petition without the consent of the minister after the authorized official has certified as to its sufficiency. 6 If it is necessary to determine the value of land and the value cannot be ascertained from the Provincial assessment roll because the land has not been separately assessed, or for any other reason, the authorized official must set and determine the value of the land. 7 The value of the land as determined under subsection (6) is deemed for the purposes of this section and sections 7 to 9 to be the assessed value of it, and the determination is final and conclusive. 8 Except as is otherwise expressly provided in this section and sections 7 to 9, the entire cost of the local improvement work undertaken must be specially assessed on the land abutting directly on the work, according to the extent of its respective frontage on it, by an equal special rate per unit of the frontage sufficient to defray the cost. 9 Despite subsection (8), if the minister is of the opinion that it would be inequitable to assess the owner's portion of the cost of the work on the land abutting directly on the work, according to the extent of its respective frontage on the work, the minister may a declare that the method of assessment is inequitable, b provide that the cost must be assessed on the land immediately benefited by the work according to the proportion of benefit received, and c apportion the cost on some fair and equitable basis. 10 An addition or a reduction, as required, may be made in the special assessment that otherwise would be chargeable for the following: a triangular or irregularly shaped lots; b lots located at the junction or intersection of streets; c lots that not only front on a sewer but are also traversed by a sewer. 11 The addition or reduction under subsection (10) must be sufficient to adjust the assessment of the land on a fair and equitable basis, having regard to the situation, value and superficial area of the lots as compared with the other lots, or having regard to the benefit derived from the work. 12 If all or part of a lot is for any reason unfit for building purposes, a reduction may also be made in the special assessment on the land that otherwise would be chargeable, sufficient to adjust its assessment as compared with that of the lots fit for building purposes, on a fair and equitable basis. 13 A reduction under subsection (12) may be made by deducting from the total frontage of the lot liable to the special assessment so much as is sufficient to make the proper reduction, but the whole of the lot may be charged with the special assessment as so reduced. Special assessment roll 7 1 Before a special assessment on the land is imposed, the minister must have a special assessment roll prepared by the authorized official, in which must be entered all of the following: a every lot to be specially assessed in respect of the owner's portion of the cost, the name of the owner and the number of units of its frontage to be so assessed; b the rate per front unit with which each lot is to be assessed; c the number of instalments by which the special assessment is to be payable. 2 On completion of the special assessment roll, the authorized official must mail a notice of the proposed local improvement charge to each assessed owner concerned. 3 A notice under subsection (2) is deemed correctly directed if mailed to the last known address of the owner. 4 The assessed owner has 21 days from the mailing of the notice to appeal the local improvement charge on the owner's land to the minister. 5 The minister's decision is final and conclusive. 6 The appeal to the minister must be in writing. Correction of special assessment roll 8 1 The authorized official must make corrections in the special assessment roll necessary to give effect to the decisions of the minister under section 7, and the roll when corrected must be certified correct by the authorized official. 2 When certified the assessment roll and the special assessments in it must be considered as confirmed and is valid and binding on all persons concerned and on the land specially assessed. Billing and collection of local improvement charges 9 1 The local improvement charges must be billed annually by the authorized official of the ministry having the administration of this section and sections 6 to 8 to the land and owners concerned. 2 Charges outstanding after October 31 in any year are subject to interest at the rate of 4 1/2% a year from that date. 3 If any local improvement charge or any instalment has not been paid by December 31 of the year in which it was levied, the minister may forward to the Surveyor of Taxes a certificate containing a a description of the land, b the name of the owner, occupier or lessee, and c the total amount outstanding under the special assessment, whether then payable or not. 4 The Surveyor of Taxes must add the amount outstanding under the special assessment to the taxation roll for the collection district, and the amount is then deemed to be Provincial taxes for all purposes of the Taxation (Rural Area) Act , and the provisions of that Act for collection and recovery apply. 5 Local improvement charges and the interest on them collected under subsections (3) and (4) must be paid promptly into the University Endowment Lands Administration Account. Taxation for year in which land sold or leased 10 If any parcel of land in any part of the University Endowment Land is disposed of by sale or lease under this Act, the land in the parcel and the improvements on it must for all purposes of taxation referred to in sections 4 and 5 be assessed and taxed in respect of the year in which the disposition of the parcel takes place, but a part only of that year's taxes prorated to the year unexpired at the time of the disposition must be imposed and forms a lien or charge on the property assessed and must be collected in respect of that year. Approval under Strata Property Act and Real Estate Development Marketing Act 11 In respect of a building on or land within the University Endowment Land, an approval under section 242 of the Strata Property Act or section 8 (3) of the Real Estate Development Marketing Act must, despite those provisions, be given only by the minister or a person authorized by the minister. University Endowment Land bylaws 12 1 The minister may, by order made in accordance with this section, enact bylaws applicable to the University Endowment Land as follows: a respecting development and use of land, buildings and other structures and the conservation of heritage sites including, without limiting this authority, provisions referred to in subsection (2); b respecting building standards and inspection, including any provision that could be made in a regional district bylaw under Division 1 of Part 9 or section 305 of the Local Government Act ; c respecting fire prevention and suppression, including any provision that could be made in a regional district bylaw under the Local Government Act ; d providing for the control, prevention or prohibition of pollution, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and nuisances that disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of persons, including any provision that could be made in a regional district bylaw under section 324 (1) (a) or (b), 325 or 326 of the Local Government Act ; e respecting the control of animals, including any provision that could be made in a regional district bylaw under section 318, 319, 320 or 321 of the Local Government Act ; e.1 providing for the regulation of bicycles by requiring persons who own a bicycle used on a highway to hold a licence for the bicycle; f imposing rates or levels of fees or other charges for permits or for anything done or permitted to be done under a bylaw; g imposing one or more of specified fines, costs or other penalties for the contravention of a bylaw; g.1 modifying the requirement set out in subsection (5) by providing for alternative means of publishing a notice; h establishing procedures for appeals under section 15 (2); i amending the Community Plan Bylaw for University Hill and the Land Use, Building and Community Administration Bylaw, adopted as B.C. Reg. 160/89 as validated by section 4 of the University Endowment Land Amendment Act, 1989 , S.B.C. 1989, c. 41. 2 A bylaw under subsection (1) (a) may do one or more of the following: a include any provision that could be made in a bylaw of a municipal council under Part 14 of the Local Government Act ; b include any provision that could be enacted by a local government under Part 15 of the Local Government Act ; c specify requirements for design, construction, external finish and the general appearance of buildings and structures and, for that purpose, the bylaw may adopt codes or standards of design, construction, finish and general appearance, with or without modification; d regulate the exterior shape of buildings and other structures; e specify requirements for landscaping and regulate the type, size, siting and maintenance of landscaping; f regulate and prohibit on-street parking. 3 For the purposes of subsection (1) (i), the minister has the authority that would be required to enact the validated bylaw under this section. 4 Provisions in a bylaw under subsection (1) may a be made applicable to all or part of the University Endowment Land, b vary as provided in section 12 (1) [variation authority] of the Community Charter , and c in addition to any variation authorized by reference to the Local Government Act or the Community Charter , be different for i different parcels or areas of land, ii different buildings or classes of buildings, and iii different structures or classes of structures. 5 Subject to subsection (5.1), not more than 60 days and not less than 30 days before making an order under subsection (1), the minister must publish a notice at least once a week for 2 consecutive weeks in a newspaper distributed in the University Endowment Land stating all of the following: a the minister's intention to enact a bylaw under this section; b in general terms, the purpose of the bylaw; c a place within the University Endowment Land where and times when copies of the bylaw may be inspected. 5.1 If a bylaw is enacted under subsection (1) (g.1), the notice referred to in subsection (5) must a be published in accordance with the bylaw, and b include the information referred to in subsection (5) (a) to (c). 5.2 A bylaw enacted under subsection (1) (g.1) must specify at least 2 means of publication by which a notice is to be published. 5.3 The minister may specify any means of publication in a bylaw enacted under subsection (1) (g.1) so long as the minister considers that together the means of publication provide a wide distribution of the notice in the University Endowment Land, and b convenient public access to the notice. 6 The minister must ensure that a a copy of each of the following is available for public inspection during normal business hours at a place within the University Endowment Land: i every bylaw under this Act; ii every bylaw intended to be enacted under this Act for which notice has been published as required by subsection (5); and iii every variance permit issued under section 13, and b copies of bylaws and permits referred to in paragraph (a) are provided to persons requesting them on payment by those persons of the reasonable costs of providing the copies. Variation of bylaw provisions 13 On the application of an owner of land, the minister may, by issuing a variance permit in respect of a specified area or parcel of land, vary the provisions of a bylaw under this Act, subject to any conditions the minister may impose. Enforcement of bylaws 14 1 The following provisions of the Local Government Act , as they apply to a bylaw under that Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the board of a regional district: a section 416 [bylaw contraventions — offences and prosecutions] ; b section 418 [authority to fulfill requirements at defaulter's expense] ; c section 420 [enforcement by civil proceedings] . 2 The following provisions of the Community Charter , as they apply to a bylaw under that Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the council of a municipality: a section 16 [authority to enter on or into property] , other than subsection (6) (c) and (d); b section 57 [note against land title that building regulations contravened] ; c section 58 [cancellation of note against land title] . Administration of the University Endowment Land 15 1 The minister may a appoint a person to administer the University Endowment Land, and b authorize a person appointed under paragraph (a) to decide on applications and other matters that require decision under this Act, including the issue of variance permits under section 13. 2 A person who is affected by a decision made under subsection (1) (b) may appeal the decision to the minister. 3 Section 738 (2) and (3) of the Local Government Act , as it applies to an employee of a municipality, applies to a person performing or intending to perform a duty or exercising a power under this Act and, if section 738 (2) and (3) of the Local Government Act applies, section 738 (4) of the Local Government Act applies to the employer of the person. Minister's delegation 15.1 Subject to section 15 (1), the minister may delegate in writing, on terms and conditions the minister considers appropriate, any of the minister's powers and functions under this Act, except the powers and functions under section 12, to any person or category of persons. Offence and penalty 16 1 A person must not pick, cut, damage or remove the whole or any part of any flower, plant, shrub or tree on any part of the University Endowment Land, or remove any material from any part of the lot, or place any material on any part of the lot unless the person has the right of possession of the part or has authority to do so from the person having the right of possession. 2 A person who contravenes subsection (1) commits an offence and is liable on conviction to a penalty of not less than $10 and not more than $100. Restrictive covenants 17 1 There is implied in the grant or lease whenever made of any parcel of land within the University Endowment Land the following covenants by the grantee or lessee, in favour of the government and all other persons claiming under the government as purchasers of any other part of the University Endowment Land, to the intent that the burden of the covenants that are restrictive in character may run with and bind the land sold or leased, and to the intent that the benefit of them may be annexed to and devolves with each and every part of the University Endowment Land other than the parcel conveyed or leased: a a building, other than a private dwelling house, private garage or private greenhouse, must not be erected or maintained on the parcel except in areas designated for other types of buildings by order in council No. 2502, approved on November 16, 1949, or any amendments to it, and unless they comply with the regulations approved by that order in council; b a building, wall, fence, pole, aerial or other structure must not be erected on the parcel until plans and full specifications, the proposed scheme of grading the parcel and the location of all proposed exits and entrances from the parcel have been approved in writing by a person authorized for the purpose by the minister; c a building situated on the parcel must not be used for any purpose other than that for which the building is designated, as indicated on the approved plans; d an exit or entrance to the parcel other than that approved must not be used or maintained; e a trade or business must not be carried on, on the parcel, except in an area designated for that purpose by regulation; f an advertising sign or placard other than a door plate of a professional person must not be erected, exposed or maintained on the parcel except as provided by regulation; g a horse, swine, goat, sheep, cattle, fowl or other animal, except household pets, must not be kept on the parcel; h a private dwelling house as prescribed in the regulations must be erected on the parcel by the grantee or lessee within one year after the parcel is purchased or leased from the government; i that the covenants contained in this section must be obeyed. 2 On the application of the minister, the Supreme Court may enjoin the breach of any of the covenants implied in this section and make further or other orders as the court considers proper. Appropriation 18 1 Money required for the administration of this Act may be paid out of the consolidated revenue fund. 2 The cumulative total of amounts paid out under this section must not be more than the cumulative total of the following amounts: a the cash balance of the University Endowment Lands Administration Account as of March 31, 1982; b the total amount paid into the consolidated revenue fund under section 3 after March 31, 1982. Power to make regulations 19 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act .