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In This Volume

8 (1) A municipality has the capacity, rights, powers and privileges of a natural person of full capacity.

  • (2) A municipality may provide any service that the council considers necessary or desirable, and may do this directly or through another public authority or another person or organization.
  • (3) A council may, by bylaw, regulate, prohibit and impose requirements in relation to the following:
  • (a) municipal services;
  • (b) public places;
  • (c) trees;
  • (d) firecrackers, fireworks and explosives;
  • (e) bows and arrows, knives and other weapons not referred to in subsection (4.1);
  • (f) cemeteries, crematoriums, columbariums and mausoleums and the interment or other disposition of the dead;
  • (g) the health, safety or protection of persons or property in relation to matters referred to in section 63;
  • (h) the protection and enhancement of the well-being of its community in relation to the matters referred to in section 64;
  • (i) public health;
  • (j) protection of the natural environment;
  • (k) animals;
  • (l) buildings and other structures;
  • (m) the removal of soil and the deposit of soil or other material.
  • (4) A council may, by bylaw, regulate and impose requirements in relation to matters referred to in section 65.
  • (5) A council may, by bylaw, regulate and prohibit in relation to the discharge of firearms.
  • (6) A council may, by bylaw, regulate in relation to business.
  • (7) The powers under subsections (3) to (5) to regulate, prohibit and impose requirements, as applicable, in relation to a matter
  • (a) are separate powers that may be exercised independently of one another,
  • (b) include the power to regulate, prohibit and impose requirements, as applicable, respecting persons, property, things and activities in relation to the matter, and
  • (c) may not be used to do anything that a council is specifically authorized to do under Part 14 or Part 15 of the Local Government Act.
  • (8) As examples, the powers to regulate, prohibit and impose requirements under this section include the following powers:
  • (a) to provide that persons may engage in a regulated activity only in accordance with the rules established by bylaw;
  • (b) to prohibit persons from doing things with their property;
  • (c) to require persons to do things with their property, to do things at their expense and to provide security for fulfilling a requirement.
  • (9) A municipality must make available to the public, on request, a statement respecting the council’s reasons for adopting a bylaw under subsection (3), (4), (5) or (6).
  • (10) Powers provided to municipalities under this section
  • (a) are subject to any specific conditions and restrictions established under this or another Act, and
  • (b) must be exercised in accordance with this Act unless otherwise provided.
  • (11) For certainty,
  • (a) the authority under subsection (2) does not include the authority to regulate, prohibit or impose requirements, and
  • (b) for the purposes of subsection (3)(a), a service does not include an activity that is merely the exercise of authority to regulate, prohibit or impose requirements and related enforcement.

2003-26-8, effective January 1, 2004 (B.C. Reg. 423/2003); 2007-14-201, effective December 1, 2007 (B.C. Reg. 354/2007); RS 2015-1-RevSch.