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In This Volume

36 (1) In addition to its authority in relation to highways as a service, a council may, by bylaw, regulate and prohibit in relation to all uses of or involving a highway or part of a highway.

  • (2) The authority of a municipality in relation to highways under any provision of this Act is subject to the following:
  • (a) traffic and parking on highways may only be regulated or prohibited in accordance with the Motor Vehicle Act, except as expressly provided in this Act;
  • (b) authority in relation to traffic on Provincial arterial highways is subject to section 124(13) of the Motor Vehicle Act;
  • (c) extraordinary traffic on Provincial arterial highways may only be regulated or prohibited by bylaw adopted with the approval of the minister responsible for the Transportation Act;
  • (d) the restrictions established by the South Coast British Columbia Transportation Authority Act;
  • (e) authority in relation to all electrical transmission and distribution facilities and works that are on, over, under, along or across a highway is subject to the Utilities Commission Act and to all orders, certificates and approvals issued, granted or given under that Act.
  • (3) Authority in relation to highways that is provided to a municipality under this or another Act includes the power to restrict the common law right of passage by the public over a highway that is vested in the municipality, if this restriction is necessary to the exercise of the authority.

2003-26-36, effective January 1, 2004 (B.C. Reg. 423/2003); 2004-44-96, effective December 31, 2004 (B.C. Reg. 547/2004); 2007-41-60, effective November 30, 2007 (B.C. Reg. 399/2007); 2007-14-201, effective December 1, 2007 (B.C. Reg. 354/2007).