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9 (1) This section applies in relation to the following:

  • (a) bylaws under section 8(3)(i);
  • (b) bylaws under section 8(3)(j);
  • (c) bylaws under section 8(3)(k) in relation to wildlife;
  • (d) [Repealed 2015-2-47.]
  • (e) bylaws under section 8(3)(m) that
    • (i) prohibit soil removal, or
    • (ii) prohibit the deposit of soil or other material, making reference to quality of the soil or material or to contamination.
  • (2) For certainty, this section does not apply to
  • (a) a bylaw under section 8 that is under a provision not referred to in subsection (1) or is in respect of a matter to which subsection (1) does not apply,
  • (b) a bylaw that is authorized under a provision of this Act other than section 8, or
  • (c) a bylaw that is authorized under another Act,
  • even if the bylaw could have been made under an authority to which this section does apply.
  • (3) Recognizing the Provincial interest in matters dealt with by bylaws referred to in subsection (1), a council may not adopt a bylaw to which this section applies unless the bylaw is
  • (a) in accordance with a regulation under subsection (4),
  • (b) in accordance with an agreement under subsection (5), or
  • (c) approved by the minister responsible.
  • (4) The minister responsible may, by regulation, do the following:
  • (a) establish matters in relation to which municipalities may exercise authority as contemplated by subsection (3)(a), either
    • (i) by specifying the matters in relation to which they may exercise authority, or
    • (ii) by providing that the restriction under subsection (3) only applies in relation to specified matters;
  • (b) provide that the exercise of that authority is subject to the restrictions and conditions established by the regulation;
  • (c) provide that the exercise of that authority may be made subject to restrictions and conditions specified by the minister responsible or by a person designated by name or title in the regulation.
  • (5) The minister responsible may enter into an agreement with one or more municipalities that has the same effect in relation to the municipalities as a regulation that could be made under subsection (4).

  • (6) If
  • (a) a regulation or agreement under this section is amended or repealed, and
  • (b) the effect of the amendment or repeal is that bylaws that previously did not require authorization under subsection (3) would now require that authorization,
  • those bylaws affected that were validly in force at the time of the amendment or repeal continue in force as if they had been approved by that minister.

2003-26-9, effective January 1, 2004 (B.C. Reg. 423/2003); 2007-14-201, effective December 1, 2007 (B.C. Reg. 354/2007); 2015-2-47 (B.C. Reg. 192/2017); 2015-2-47, effective December 15, 2017 (B.C. Reg. 192/2017).