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In This Volume

20 (1) In this section, “fee”, except in subsection (8), means a fee referred to in section 19(1)(e).

  • (2) Except in accordance with this section, the directors may not
  • (a) increase a fee in a year by an amount that is more than is authorized in the operating agreement, or
  • (b) set a fee in respect of a service or other matter for which there was previously no fee.
  • (3) If the directors propose to increase a fee or set a new fee as described in subsection (2), the directors must submit the proposal in writing to the commissioner.
  • (4) The commissioner must
  • (a) accept the proposal,
  • (b) reject the proposal, or
  • (c) vary the proposal so that the proposal is satisfactory to the commissioner and provide the varied proposal to the directors.
  • (5) The commissioner must make the decision under subsection (4) in accordance with any criteria set out in the operating agreement.
  • (6) The directors may increase the fee or set the new fee in accordance with a proposal accepted under subsection (4)(a) or varied under subsection (4)(c).
  • (7) The decision of the commissioner made under subsection (4) is final and conclusive and is not open to question or review in a court except on a question of law or excess of jurisdiction.
  • (8) The Authority must
  • (a) pay the commissioner a reasonable fee for carrying out the commissioner’s duties under this section, and
  • (b) reimburse the commissioner for actual reasonable expenses necessarily incurred in carrying out the commissioner’s duties under this section.
  • (9) For the purposes of this section and section 21, the minister and the directors must jointly appoint a mutually acceptable individual as commissioner for a term agreed to by the minister and the directors.
  • (10) If the minister and the directors cannot jointly appoint a commissioner under subsection (9), the directors may request the Lieutenant Governor in Council appoint an individual as commissioner.
  • (11) Within 60 days after receiving the request, the Lieutenant Governor in Council must appoint an individual as commissioner for a term of 6 months.
  • (12) An individual appointed as commissioner must meet the criteria set out in the operating agreement and may not be an employee of the government or the Authority.
  • (13) The directors must give notice to the minister if the directors intend to submit a proposal under subsection (3) and there is no commissioner.

2004-66-20, effective January 20, 2005 (B.C. Reg. 16/2005); 2007-24-40.