PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Transcription

1 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order In Council No. Approved and Ordered OCE b Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that 1. Letters Patent in the form attached he issued incorporating the District of Highlands. 2. in the form attached he issued for the Capital Regional District. /Th / 6:41eLf CA-4-t - - -r Minider of Municipal Affairs Presiding Icint er of the Executive Council (This pan is for administrative purposes only and is not pan of the Order.) Authority under which Order is made: Act and section: Municipal Act, sections 1,, 7, 8, 13, 31, 774 Other (specify): /667/ 3/.5'

2 Lieutenant Governor CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come- GREETING. ( WHEREAS pursuant to the ( provisions of Section 768 of ( Municipal Act, the Capital Regional Minister of Municipal Affairs ( District was incorporated by ( Letters Patent effective ( February 1, 1966

3 AND WHEREAS the District of Highlands, lying within the boundaries of the, was incorporated effective December 7, 1993; AND WHEREAS Section 774 of the Municipal Act allows the Lieutenant Governor in Council to issue transferring from the regional district to a newly incorporated municipality the jurisdiction for a service in respect of all or a specified part of a service area; NOW KNOW YE that by these presents, we do order and proclaim that; MANAGEMENT OF DEVELOPMENT 1. Notwithstanding the generality of Section 10.1 of these Supplementary Letters Patent, the jurisdiction for management of development within the District of Highlands is transferred from the to the District of Highlands. REGIONAL DISTRICT ELECTORAL AREA MANAGEMENT OF DEVELOPMENT 2. For the year 1994, the District of Highlands shall be a municipal participating area in the general service of management of development as defined by Section 787(c) of the Municipal Act, and shall share in the cost of that service according to Section 808(6) of the Municipal Act. 2

4 REGIONAL DISTRICT SERVICES TRANSFERRED TO THE DISTRICT OF HIGHLANDS 3. The following services of the are transferred to the District of Highlands, and the respective regional district service areas are reduced by the exclusion of the area newly incorporated within the District of Highlands: SERVICE AUTHORITY REFERENCE Numbering of Buildings Service Establishment Bylaw No Street Lighting Service Establishment Bylaw No Pacific Centre for Human Development Grant-in-Aid Service Establishment (Conversion) Bylaw No Commonwealth Games Service Establishment Bylaw No Goldstream Region Museum Society Specified Area Bylaw No Grant-in-Aid Langford Enhancement Society Specified Area Bylaw No Beautification Projects Economic Development Commission Service Establishment (Conversion) Bylaw No

5 FIRE PROTECTION 4.1 The following fire protection local service areas defined by the Capital Regional District within the District of Highlands are transferred to the District of Highlands: (a) Bylaw #2076, citoj as "Langford Electoral Area Fire Protection and Emergency Response Local Service Bylaw #1, 1993"; and (b) Bylaw #1537, cited as "Eastern Highlands Fire Protection Specified Area Establishment Bylaw #1, 1987" 4.2 With respect to the services described in Section 4.1 above, all rights, title, assets, powers, privileges, licenses, liabilities and interests of the are transferred to the District of Highlands. 4.3 The fire protection local service area described in Section 4.1(a) above is reduced by the exclusion of the area within the District of Highlands. COMMUNITY PARKS 5.1 The following community parks held or otherwise administered under the community park service of the which fall within 4

6 the boundaries of the District of Highlands, as described by the Letters Patent, effective December 7, 1993, are hereby transferred to the District of Highlands: (a) lands held pursuant to Section 685 of the Municipal Act; and (b) lands leased or owned by the, specifically including Lot D, Plan 38352, Highland District; Lot 2, Plan 49367, Sections 35 and 71, Highland District; Park, Plan VIP 56106, Sections 30 and 35, Highland District; Lot A, Plan 46113, Section 35, Highland District; and Park, Plan 42201, Section 32, Highland District. 5.2 The shall, on or before April 30, 1994, pay to the District of Highlands all unexpended funds collected pursuant to Section 992 of the Municipal Act with respect to subdivision approvals of land located within the boundaries of the District of Highlands. CONTRACT SERVICES WITH THE DISTRICT OF HIGHLANDS 6.1 A contract is hereby established between the and the District of Highlands whereby the regional district will administer the management of development within and on behalf of the municipality. The terms of the contract shall be as described in Section 18.4 of the Letters Patent of the District of Highlands, effective December 7,

7 6.2 A contract is hereby established between the and the District of Highlands whereby the regional district will administer regulatory bylaws in force and effect at the time of incorporation of the District of Highlands, within and on behalf of the municipality. The terms of the contract shall be as described in Sections 21.1 and 21.2 of the Letters Patent of the District of Highlands, effective December 7, REGIONAL DISTRICT SERVICES WITH DISTRICT OF HIGHLANDS A PARTICIPANT 7.1 The District of Highlands shall be a municipal participating area in the following services of the : SERVICE AUTHORITY REFERENCE Regional Parks Service Establishment (Conversion) Bylaw 1749 Refuse Disposal Service Establishment (Conversion) Bylaw 1903 Community Health Division XI Land Assembly, Housing and Land Banking Division XII 6

8 Septage Disposal Division XXI Temporary Investment of Debenture Proceeds Division XXVIII Emergency Response Telephone Service (911) Division XXXVI Traffic Safety Commission Service Establishment Bylaw 1828 Trunk Sewers and Sewage Disposal Division VII Centennial Swimming Pool Division V, Order-in-Council Defined Area Park Property - Acquisition, Development, Maintenance and Operation Division IX, Order-in-Council Defined Area

9 Ice Arena and Recreational Complex Division X, Order-in-Council Defined Area Curling Rink and Senior Citizen's Recreational Complex Division XIII, Order-in-Council Defined Area Community Theatre Specified Area Bylaw 297 Community Recreation Programs Division XV Greater Victoria Victim Services Service Establishment (Conversion) Bylaw 1988 Family Children's Court Division VI 7.2 The District of Highlands shall levy, collect and remit to the Capital Regional District, such taxes and charges as are necessary to meet its share of the operating and debt servicing costs of services indicated in Section 7.1 of these. 8

10 7.3 The shall by March 31, 1994 amend Bylaw No. 300 (Juan de Fuca Recreation Commission) to provide for representation on the Commission from the District of Highlands. REGIONAL DISTRICT SERVICES WITH HIGHLANDS NOT A PARTICIPANT 8.'. The District of Highlands shall riot be a participant in, nor share in the costs of, the services of the described in Section 3 of these. 8.2 Notwithstanding the generality of Section 10.1 of these Supplementary Letters Patent, the jurisdiction for the services described in Section 8.3 within the District of Highlands is transferred to the District of Highlands. 8.3 The District of Highlands shall not be a participant in, nor share in the costs of, the following services of the : SERVICE AUTHORITY REFERENCE Building Regulation Service Establishment Bylaw No Regulation of Rock Festivals Order-in-Council 1961/70 Regulatory Powers Division IV 9

11 Regulation of Removal and Deposit of Division XI Soil Community Parks Division XIV Grants-in-Aid Division XIX Nuisances and Unsightly Premises Division XX Animal Control Division XXII Noise Control Division XXVII Street Lighting Division XXXV Harbour Authority Division XXXVII, Order-in- Council 2072/82 Business Regulation Division XXXI ARBITRATION 9. In the event that any matter arising from the implementation of these or Letters Patent incorporating the District of Highlands cannot be resolved, the parties may request the Inspector of Municipalities to review the issue which is the subject of the dispute, and the Inspector may make recommendations, or may impose a resolution which is binding on the parties. 10

12 TRANSFER OF SERVICES 10.1 The jurisdiction for all services of the which are within the jurisdiction of the District of Highlands, except those described in Section 7.1 above, are hereby transferred to the District of Highlands The effective date of transfer of jurisdiction for the services described in Section 3 above shall be six months after the effective date of these, unless otherwise provided by Order of the Minister. EFFECTIVE DATE 11. These are effective December 7,

13 IN TESTIMONY WHEREOF, We have caused these Our letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. WITNESS, the Honourable David C. Lam, Lieutenant Governor of Our said Province of British Columbia, in our City of Victoria, in Our said Province, this 10b' day of Abe)., in the year of Our Lord one thousand nine hundred and ninety-three and in the forty second year of Our Reign. By Command. Attorney General 12

14 Lieutenant Governor CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come- GREETING. ( WHEREAS by Sections 6, 7 and 8 of the ( Municipal Act that upon receipt of ( a request for incorporation and after ( a vote in favour, the Lieutenant- ( Governor in Council may, on the Municipal Affairs ( recommendation of the Minister of ( Municipal Affairs by Letters Patent ( incorporate the residents of any ( area of land into a municipality:

15 AND WHEREAS pursuant to the said Section 6 of the Municipal Act, a request has been received praying for incorporation as a municipality of the area hereinafter referred to; AND WHEREAS a vote has been held as required by Sections 6 and 7 of the Municipal Act, and the result was in favour of incorporation as a municipality; AND WHEREAS the conditions and requirements of the Municipal Act have been complied with; NOW KNOW YE THAT by these presents, We do order and proclaim that the residents of the area hereinafter described shall, on, from and after the seventh day of December 1993, be incorporated as a District under the said Municipal Act, and under and subject to the provisions hereinafter contained or referred to: NAME 1. The municipality shall be called and known by the name of the "District of Highlands" hereinafter called the municipality. BOUNDARIES 2. Commencing at the southeast corner of Section 4, Range 3 West, Highland Land District; thence westerly along the northerly boundary of Section 3, Range 3 West to the southeast corner of Lot 1 of Section 4, Range 3 West, Registered Plan 18272, on file in the Lard Title Office, Victoria; thence 2

16 northerly and westerly along the easterly and northerly boundaries of said Lot 1, Plan and continuing westerly along the westerly prolongation of the northerly boundary of Lot 1, Section 4, Range 3 West, Plan to the point of intersection with the westerly limit of Millstream Road as shown on Registered Plan S.; thence southerly along the said westerly limit of Millstream Road to the point of intersection with the northerly boundary of Section 3, Range 3 West; thence westerly along the northerly boundaries of Section 3, Range 3 West and Section 3, Range 4 West to the northwest corner of said Section 3, Range 4 West; thence northerly and westerly along the easterly and northerly boundaries of Lot 82 to the northwest corner thereof; thence northerly along the easterly boundary of Lot 80 to the most easterly northeast corner thereof; thence easterly and northerly along the southerly and easterly boundaries of Lot 75A to the northeast corner thereof; thence northerly along the easterly boundary of Lot 73 to the northwest corner of Lot 9 of Lot 74, Registered Plan and being the southerly limit of Rowntree Road; thence westerly along the southerly boundaries of Lot A of Registered Plan and Lot "B" of Lot 73 as shown outlined in red on Registered Plan D.D to the southwest corner of said Lot "B", Plan D.D , and being a point on the natural high water mark of Finlayson Arm, on the easterly shore thereof; thence westerly along the westerly prolongation of the southerly boundary of Lot "B" of Lot 73, Plan D.D to the point of intersection with the middle line of Finlayson Arm; thence in a general northerly direction along the said middle line of Finlayson Arm, and passing to the west of Lot 87 (Sawluctus Island), to the point of intersection with a line drawn perpendicularly distant 300 metres westerly 3

17 from and parallel to the said natural high water mark of Finlayson Arm on the easterly shore thereof, at a point on the said natural high water mark, said point being approximately 125 metres south of the northwest corner of Lot 70; thence continuing in a general northerly and northeasterly direction parallel to and 300 metres perpendicularly distant westerly and northwesterly from the natural high water mark of Finlayson Arm, on the easterly and southeasterly shores thereof, to a point 300 metres perpendicularly distant northwesterly from the northwest corner of Lot 45; thence southeasterly in a straight line to the northwest corner of said Lot 45; thence easterly and southerly along the northerly and easterly boundaries of Lot 45 to the southeast corner thereof; thence easterly along the northerly boundary cf Lot 25 to the point of intersection with the westerly limit of Willis Point Road, as constructed on the ground; thence in a general southerly direction along the said westerly limit of Willis Point Road to the point of intersection with the easterly boundary of Lot 25; thence southerly along the easterly boundary of said Lot 25 to the southeast corner thereof; thence easterly and southerly along the northerly and easterly boundaries of Lots 56 and 64, respectively, to the southeast corner of said Lot 64; thence southerly along the easterly boundary of Lot 67 to the southeast corner thereof; thence easterly and southerly along the northerly and easterly boundaries of the West Half of Lot 79 to the southeast corner thereof; thence easterly and southerly along the northerly and easterly boundaries of Lot 39 to the southeast corner thereof; thence southerly along the easterly boundary of Lot 22 to the most easterly southeast corner thereof; thence southeasterly and southerly along the northeasterly and easterly 4

18 boundaries of Lot 6 to the northeast corner of Lot 1 of Lots 2 and 6, Registered Plan and being a point on the southerly limit of Munn's Road; thence northwesterly and southerly along the northeasterly and westerly boundaries of said Lot 1, Plan to the point of intersection with the northeasterly boundary of Lot 2 and being a point on the easterly limit of Highland Road; thence northwesterly along the northeasterly boundary of said Lot 2 to the most northerly corner thereof; thence westerly along the northerly boundary of Lot 5 to the northwest corner thereof; thence northwesterly, southwesterly and southerly along the northeasterly, northwesterly and westerly boundaries of Lot 4 to the northeast corner of Lot 11; thence westerly and southerly along the northerly and westerly boundaries of said Lot 11 to the southwest corner thereof; thence southerly along the westerly boundaries of Lot 10 and Sections 5 and 4 in Range 2 West to the aforesaid southeast corner of Section 4, Range 3 West, being the point of commencement and containing by admeasurement 3661 hectares of land, more or less, and 286 hectares of foreshore and land covered by water, more or less. COUNCIL 3. The council of the municipality shall consist of a mayor and 6 councillors to be elected at large. A quorum shall be 4 members. 5

19 TERM OF OFFICE 4. The first council will take office on December 7, Elections will be held every three years, as set out by the Municipal Act for general local elections. ELECTION 5. The election of the members of the first elected council of the municipality shall be conducted in the manner provided for general local elections by the Municipal Act, including any order under the Act. 6. Thomas Moore shall be the Chief Election Officer for the election of the first council of the municipality. 7. For the purposes of the first election, the Chief Election Officer may appoint election officials to assist in the administration and conduct of the election. FIRST MEETING 8. The first meeting of the council shall be held in the afternoon of Tu,sday December 7, 1993, at a time and a place to be set by the Mayor-elect. 6

20 ASSESSMENT ROLL 9.1 The Assessment Roll of lands and improvements for the 1994 taxation year for the area covered by these Letters Patent, shall be completed, returned, confirmed and authenticated by the British Columbia Assessment Authority, as if the area were incorporated as a municipality prior to October 31, The return under Section 6(2) of the Assessment Act shall be addressed to the Clerk of the municipality, care of the Inspector of Municipalities. 9.3 Any assessment appeal, pursuant to Section 40 of the Assessment Act, against the assessment of a property within the area covered by these Letters Patent, is deemed to be an appeal against the assessment roll of the municipality. BORROWING POWER 10. The borrowing power of the municipality shall be determined by the Inspector of Municipalities until such time as Section 325 of the Municipal Act applies. 7

21 CURRENT EXPENDITURES 11. The council shall have the power to incur liabilities by borrowing money, or otherwise, but not exceeding the amount to be determined by the Inspector of Municipalities for the purpose of operating the municipality, until a bylaw to impose rates under Section 273 of the Municipal Act has been adopted for the year 1994 and any liability so incurred shall be repaid out of the revenue for the year FARM IMPROVEMENT EXEMPTION 12. For the area included within the municipality by these Letters Patent, real property that before the effective date of these Letters Patent is exempt from taxation by reason of Section 13(1)(f) of the Taxation (Rural Area) Act, but after the effective date of these Letters Patent is not exempt from taxation under the Municipal Act, shall be exempt from taxation as provided for in Section 13.1 of the Municipal Act. PROPERTY TAX EXEMPTION BYLAW 13. For the purposes of Section 400 of the Municipal Act, the property tax exemption bylaw for the 1994 calendar year shall be adopted by council not later than January 31,

22 PROVISIONAL BUDGET 14. Notwithstanding Section 263 of the Municipal Act, the Mayor-elect shall cause to be prepared a provisional budget for that portion of 1993 that the municipality is incorporated and for all of the year A copy of the provisional budget shall be supplied to each member of council at the first meeting of council. The provisional budget, that was caused to be prepared by the Mayor-elect or as altered by the council, shall be adopted not later than January 24, ACCOUNTS AND AUDIT 15. For the purposes of Part 8 of the Municipal Act, the first year shall run from December 7, 1993 to December 31, BYLAW REGISTRATION 16. The municipality is deemed to be a village for the purposes of Section 307 of the Municipal Act, until December 31, REGIONAL DISTRICT BYLAWS 17. Subject to these Letters Patent, each bylaw, right, power, privilege, contract, resolution, order, licence and permit of whatsoever kind and description passed, made, enacted, entered into and granted, and in 9

23 effect, or in force in, or issued to, or by the, and having application to the area incorporated by these Letters Patent, insofar as they are within the powers of the municipality, on and from midnight of December 7, 1993 may be enforced, amended or repealed by the council of the municipality in the same manner as if they were passed, made, enacted, entered into, or granted by the municipality. MANAGEMENT OF DEVELOPMENT 18.1 Jurisdiction for management of development within the municipality is transferred from the to the municipality as described in the, effective December 7, 1993, of the Notwithstanding the generality of Section 17 above, the official community plan, zoning, subdivision servicing, land use application procedure, and sign bylaws for the municipality shall be, respectively: (a) Bylaw No of the, cited as "Langford Official Community Plan Bylaw, 1986"; (b) Bylaw No. 980 of the, cited as "Langford Zoning Bylaw, 1981"; (c) Bylaw No. 986 of the, cited as "Langford Subdivision Bylaw 1982"; 10

24 (d) Bylaw No of the, cited as "Land Use Application Procedure Bylaw 1987"; and (e) Bylaw No of the, cited as "Langford Sign Bylaw 1987"; and all subsequent amendments, as if the respective bylaws were passed, made or enacted by the council of the municipality until amended or repealed by the council of the municipality The municipality shall prepare and adopt, by no later than December 31, 1996, its own community plan, zoning and subdivision servicing bylaws A contract is hereby established between the municipality and Capital Regional District whereby the will administer the management of development within and on behalf of the municipality until midnight, December 31, The specific terms of the contract shall be as mutually agreed by the municipality and the Capital Regional District, and may include an expiry of the contract prior to December 31, 1995 upon notice being provided as established by the terms of the contract. REGIONAL DISTRICT ELECTORAL AREA MANAGEMENT OF DEVELOPMENT 19. For the year 1994, the municipality shall be a municipal participating area in the general service of management of 11

25 development, as defined by Section 787(c) of the Municipal Act and shall share in the cost of that service according to Section 808(6) of the Municipal Act. REGIONAL DISTRICT SERVICES TRANSFERRED TO THE MUNICIPALITY 20.1 The following services, the areas of which, as defined by the Capital Regional District, are within the municipality, are transferred to the municipality as described in, effective December 7, 1993, of the : SERVICE AUTHORITY REFERENCE Numbering of Buildings Service Establishment Bylaw No Street Lighting Service Establishment Bylaw No Pacific Centre for Human Development Grant-in-Aid Service Establishment (Conversion) Bylaw No Commonwealth Games Service Establishment Bylaw No Goldstream Region Museum Society Specified Area Bylaw No Grant-in-Aid 12

26 Langford Enhancement Society Specified Area Bylaw No Beautification Projects Economic Development Commission Service Establishment (Conversion) Bylaw No With respect to the services described in Section 20.1 above, all rights, title, assets, powers, privileges, licenses, liabilities and interests of the are transferred to the municipality Without limiting the generality of Section 20.2 above, all agreements and contracts between the and the District of Langford pertaining to the services described in Section 20.1 above, applying to the area newly incorporated by these Letters Patent, are hereby transferred to the municipality and shall apply for the year Notwithstanding Section 20.3, the terms of the contract between the District of Highlands and the District of Langford for the service of numbering of buildings and street lighting may be renewed for the 1995 year according to terms and conditions agreed to by the two municipalities For 1994, the municipality shall contribute to the Pacific Centre for Human Development, the Commonwealth Games, the Goldstream Region Museum Society and the Langford Enhancement Society its pro-rated portion of the total costs of the service attributable to the Langford Electoral Area to 13

27 be apportioned on the basis of net taxable values of land and improvements for hospital purposes within the area newly incorporated by these Letters Patent as if the municipality were part of the Langford Electoral Area The amount to be paid by the municipality according to Section 20.5 above shall be paid no later than August 1, CONTRACT FOR ADMINISTRATION OF REGULATORY BYLAWS 21.1 A contract is hereby established between the municipality and Capital Regional D:strict whereby the will administer rpculltory bylaws in force and effect at the time of incorporation of the municipality, within and on behalf of the municipality until midnight, December 31, 1995 and the cost, net of fees and charges, shall be paid for by the municipality. The may arrange for this service as necessary to ensure provision of service to the municipality. Notwithstanding the generality of the above, this administration shall include the processing of permits and licenses, enforcement, and inspections, of the following bylaws: (a) Bylaw No Building Regulation Bylaw No. 3, 1982 (b) Bylaw No Soil Removal Prohibition Bylaw No. 2, 1986; and Bylaw No Deposit of Soil Prohibition Bylaw No. 2, 1986; (c) Bylaw No Mobile Home Parks Bylaw No. 1,

28 (d) Bylaw No Amusement Machine and Games Room Regulation Bylaw 1983 (e) Bylaw No Noise Suppression Bylaw, 1981 (f) Bylaw No Animal Regulation and Impounding Bylaw (g) Bylaw No Unsightly Premises Bylaw, The amount to be paid by the municipality to the in return for the administration of the services described in Section 21.1, above, shall be the municipality's pro-rated portion of the total costs of the regional district for the costs of administration of the above-noted bylaws for the Langford Electoral Area prior to incorporation of the municipality apportioned on the basis of net taxable values of land and improvements for hospital purposes. Further specific terms of the contract shall be as mutually agreed by the municipality and the Capital Regional District, and may include an expiry of the contract prior to December 31, 1995 upon notice being provided as established by those terms. FIRE PROTECTION 22.1 The fire protection local service areas defined by the Capital Regional District located within the municipality as: (a) Bylaw #2076, cited as "Langford Electoral Area Fire Protection and Emergency Response Local Service Bylaw #1, 1993"; and 15

29 (b) Bylaw #1537, cited as "Eastern Highlands Fire Protection Specified Area Establishment Bylaw #1, 1987" are hereby declared to be separate municipal specified areas, pursuant to Section 674 of the Municipal Act, for the purpose of fire protection and are transferred to the municipality as described in Supplementary Letters Patent, effective December 7, 1993, of the With respect to the services described in Section 22.1 above, all rights, title, assets, powers, privileges, licenses, liabilities and interests of the are transferred to the municipality Without limiting the generality of Section 22.2 above, all agreements and contracts between the and the District of Langford pertaining to the services described in Section 22.1 above, applying to the area newly incorporated by these Letters Patent, are hereby transferred to the municipality and shall apply for the year Notwithstanding Section 22.3, the terms of the contract between the District of Highlands and the District of Langford for the services described in Section 22.1 above, may be renewed for the 1995 year according to terms and conditions agreed to by the two municipalities As of December 31, 1993 there is established a council advisory committee to be known as the Highlands Fire Protection Advisory Committee, which shall remain in place until December 31, 1995 at the earliest. 16

30 22.6 The purpose of the Highlands Fire Protection Advisory Committee shall be to coordinate activity between the fire departments providing fire protection to the municipality, including making recommendations to council with respect to the annual budget and with respect to the options, implications and processes for the merging of the fire protection benefiting areas Notwithstanding Sections 239 and 242 of the Municipal Act, the membership of the Highlands Fire Protection Advisory Committee shall be as follows: (a) the fire chiefs from each fire department within the municipality; (b) one resident from each of the fire protection specified areas; (c) one resident from the municipality living outside the fire protection specified areas; (d) two council members; and (e) such other members as the council may appoint. COMMUNITY PARKS 23.1 The following community parks held or otherwise administered under the community park service of the which fall within the boundaries of the municipality, as described in these Letters Patent, are and shall be transferred to the municipality: (a) lands pursuant to Section 685 of the Municipal Act; and 17

31 (b) lands leased or owned by the, specifically including Lot D, Plan 38352, Highland District; Lot 2, Plan 49367, Sections 35 and 71, Highland District; Park, Plan VIP 56106, Sections 30 and 35, Highland District; Lot A, Plan 46113, Section 35, Highland District; and Park, Plan 42201, Section 32, Highland District All agreements and contracts between the and the Highlands Heritage Society and the Highlands Parks and Recreation Association applying to the area newly incorporated by these Letters Patent, are hereby transferred to the municipality The shall, on or before April 29, 1994, pay to the municipality all unexpended funds collected pursuant to Section 992 of the Municipal Act with respect to subdivision approvals of land located within the boundaries of the municipality. MUNICIPAL PARTICIPATION IN REGIONAL DISTRICT SERVICES 24.1 The municipality shall be a municipal participating area in the following services of the : SERVICE AUTHORITY REFERENCE Regional Parks Service Establishment (Conversion) Bylaw No

32 Refuse Disposal Service Establishment (Conversion) Bylaw No Community Health Division XI Land Assembly, Housing and Land Banking Division XII Septage Disposal Division XXI Temporary Investment of Debenture Proceeds Division X)VIII Emergency Response Telephone Service (911) Division XXXVI Traffic Safety Commission Service Establishment Bylaw No Trunk Sewers and Sewage Disposal Division VII 19

33 Centennial Swimming Pool Division V, Order-in-Council Defined Area Park Property - Acquisition, Development, Maintenance and Operation Division IX, Order-in-Council Defined Area Ice Arena and Recreational Complex Division X, Order-in-Council Defined Area Curling Rink and Senior Citizen's Recreational Complex Division XIII, Order-in-Council Defined Area Community Theatre Specified Area Bylaw No. 297 Community Recreation Programs Division XV Greater Victoria Victim Services Service Establishment (Conversion) Bylaw No

34 Family and Children's Court Capital 7egional District Division VI 24.2 The municipality shall levy, collect and remit to the Capital Regional District such taxes and charges as are necessary to meet its share of the operating and debt servicing costs of the services indicated in Section 24.1, above. ARBITRATION 25. In the event that any matter arising from the implementation of these Letters Patent or of the Capital Regional District, effective December 7, 1993, cannot be resolved, the parties may request the Inspector of Municipalities to review the issue which is the subject of the dispute, and the Inspector may make recommenditions, or may impose a resolution which is binding on the parties. EFFECTIVE DATE 26. These Letters Patent, save Sections 5 through 7 inclusive, are effective December 7, Sections 5 through 7, inclusive, of these Letters Patent are effective upon the date of issuance of,hese Letters Patent by the Lieutenant Governor in Council. 21

35 IN TESTIMONY WHEREOF, We have caused these Our letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. WITNESS, the Honourable David C. Lam, Lieutenant Governor of Our said Province of British Columbia, in our City of Victoria, in Our said Province, this 1),\ 5, day of 0(jOtat, in the year of Our Lord one thousand nine hundred and ninety-three and in the forty second year of Our Reign. By Command. Attorney General 22