Garden City Politics - Victoria, BC

Discussion of Municipal Politics for Victoria, British Columbia and metropoltian area, covering civic policy, bylaw issues, policing, and of course, gossip.

Thursday, September 30, 2004

Community Charter

As my next post will be about the BIA's presentation to the Commitee of the Whole, I think it would be instructive to know exactly what a Business Improvement Association is, and what it's legal underpinnings are. I believe in going to the source. From the Community Charter for BC, here is what a BIA is:

Business improvement areas


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(1) In this section:

"business improvement area" means the local service area for a service under this section;
"business improvement area service" means the provision of grants under subsection (2);
"business promotion scheme" means
(a) carrying out studies or making reports respecting one or more areas in the municipality where business or commerce is carried on,
(b) improving, beautifying or maintaining streets, sidewalks or municipally owned land, buildings or other structures in one or more business improvement areas,
(c) the removal of graffiti from buildings and other structures in one or more business improvement areas,
(d) conserving heritage property in one or more business improvement areas, and
(e) encouraging business in one or more business improvement areas.

(2) A council may grant money to a corporation or other organization that has, as one of its aims, functions or purposes, the planning and implementation of a business promotion scheme.

(3) All or part of a grant paid under subsection (2) must be recovered by means of a local service tax.

(4) The authority under subsection (2) is an exception to section 25 (1) [prohibition against assistance to business].

(5) In addition to the requirements under section 211 (2) [requirements for establishing a local area service], the bylaw establishing a business improvement area service
(a) must identify the business promotion scheme for which and the organization to which the money will be granted under subsection (2),
(b) must establish the maximum amount of money to be granted and the maximum term over which it may be granted, and
(c) may set conditions and limitations on the receipt and expenditure of the money.

(6) Money granted under this section must be expended only
(a) by the organization to which it is granted,
(b) in accordance with the conditions and limitations set out in the bylaw, and
(c) for the business promotion scheme described in the bylaw.


Local service taxes


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(1) In all cases, all or part of the costs of a local area service may be recovered, in accordance with the establishing bylaw for the service, by means of either or both of
(a) a property value tax under Division 3 of this Part, which may be imposed on land, on improvements, or on both, and
(b) a parcel tax under Division 4 of this Part,
that are imposed only within the local service area.

(2) In the case of a business improvement area service, in addition to the taxes referred to in subsection (1), all or part of the costs of the service may be recovered by means of a tax, based on any factor set out in the establishing bylaw, that is imposed only within the business improvement area.

(3) A local service tax under subsection (1) or (2) in relation to a business improvement area
(a) may only be imposed on land or improvements, or both, that are
(i) used during the year to operate a business of a class specified in the bylaw, or
(ii) classified as Class 5 [light industry] or 6 [business and other] property class, and
(b) may have different rates for different classes of business, as those classes are established by the bylaw.

(4) Subject to this section, the other provisions of this Part apply in respect of a local service tax.

(5) Revenue from a local service tax may only be expended for the local area service in relation to which it is imposed.

Borrowing in relation to a local area service

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(1) If all of the costs of borrowing for the purposes of a local area service are to be recovered by a local service tax, the loan authorization bylaw does not require the approval of the electors under section 180 [elector approval required for some loan authorization bylaws], but it may only be adopted if
(a) the borrowing has been proposed by petition in accordance with section 212 [petition for local area service],
(b) the borrowing has been proposed by council initiative in accordance with section 213 [local area service on council initiative — subject to petition against], or
(c) the bylaw has received assent of the electors in accordance with section 214 [local area service on council initiative — subject to elector assent].

(2) If part of the costs of borrowing for the purposes of a local area service are to be recovered by a local service tax,
(a) a separate loan authorization bylaw is required for the borrowing in relation to which costs are to be recovered by the local service tax, with the bylaw adopted in accordance with subsection (1), and
(b) a separate loan authorization bylaw is required for the borrowing in relation to which costs are to be recovered by any other means, with the bylaw adopted in accordance with Part 6 [Financial Management].

Enlargement or reduction of local service area

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(1) This section applies to the amendment of the bylaw establishing a local area service that has the effect of enlarging or reducing the size of the local service area.

(2) The requirements under section 211 (1) [requirements for establishing a local area service] apply only in relation to the area to be included or excluded from the local service area and not to the rest of the local service area.

(3) If a local service area has been enlarged or reduced under this section, the liabilities incurred on behalf of the area as it was before enlargement or reduction must be borne by all the owners of parcels of land in the area as enlarged or reduced.

Merging of local service areas


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(1) A council may, by bylaw, merge 2 or more local service areas into one local service area.

(2) A bylaw under subsection (1) may provide that repayment of any debt of one or more of the merged local service areas that is outstanding at the time of merger is to continue to be borne by the applicable former local service area as if that area continued to exist.

(3) Section 211 (1) [requirements for establishing a local area service] does not apply to the bylaw under subsection (1) of this section if
(a) there is no outstanding debt of any of the local service areas being merged,
(b) the outstanding debt of each of those local service areas is kept separate under subsection (2), or
(c) the bylaw establishing the service currently includes a provision for merger with one or more other local service areas and the merger is in accordance with the provision.

(4) If section 211 (1) applies to a bylaw under this section, the approval of the electors must be obtained separately for each local service area being merged.

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