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In This Volume

21 (1) In this section:

  • “government body” has the same meaning as in the Financial Administration Act;
  • “LOTA agreement” has the same meaning as in section 20.1 (1);
  • “service” does not include a service for which a fee may be set under section 19(1)(e) or (e.1).
  • (2) If the directors and the government or a government body cannot agree on a charge payable for any service the Authority may provide to the government or government body, the directors and the government or government body may submit the matter to the commissioner.
  • (3) If the matter is submitted to the commissioner, the commissioner must set the charge payable for the service the Authority may provide to the government or government body.
  • (4) The commissioner must make a decision under subsection (3) in accordance with criteria set out in
    • (a) the operating agreement, in the case of a charge payable for a service the Authority may provide, or
    • (b) the LOTA agreement, in the case of a charge payable for a service the administrator under the Land Owner Transparency Act may provide.
  • (5) The decision of the commissioner made under subsection (3) 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.
  • (6) The Authority and the government or government body must, in equal portions,
  • (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.

2004-66-21, effective November 19, 2004 (B.C. Reg. 496/2004); 2019-23-127, effective November 4, 2019 (B.C. Reg. 227/2019).