Municipal Replotting Act

Effective July 20, 2016, the revised Municipal Replotting Act, RSBC 2016, c. 1, was brought into force by BC Reg #196/2016 as a limited revision under the Statute Revision Act, RSBC 1996, c. 140.  It consolidates the previously existing act and its amendments, and revises it by simplifying the numbering and updating the style and language.

What does this mean?

The revised Municipal Replotting Act replaces the Municipal Replotting Act, RSBC 1996, c. 323, as of July 20, 2016.  

The authority for this can be found in section 7(2) of the Statute Revision Act which states that when a limited revision comes into force, the Acts or provisions it replaces are repealed to the extent that they are incorporated in the limited revision.

Section 8(1) states that a revision does not operate as new law but has effect and must be interpreted as a consolidation of the law contained in the Acts and provisions replaced by the revision.

How do I cite it?

As per section 6(2) of the Statute Revision Act, a limited revision may be given a chapter number as if it were enacted in the current session of the Legislative Assembly, and the limited revision may be published in the volume of Acts enacted in that session.  

Therefore, this act will now be cited as the revised Municipal Replotting Act, RSBC 2016, c. 1.

I don't remember an act with that name

January 2016, part of the Local Government Act, RSBC 1996, c. 323 was revised into the new Local Government Act, RSBC 2015, c.1, by BC Reg #257/2015.  

The rest was retitled the Municipal Replotting Act, RSBC 1996, c. 323, by RSBC 2015, c. 1, Revised Schedule, section 55. 

The change came into force on January 1, 2016.

The Local Government Act is one of the most heavily used and most amended acts in British Columbia. When the Community Charter came into force in 2004, consequential amendments to the Local Government Act resulted in numbering gaps, decimal additions and disorganization.

Prior to 2000, the Local Government Act was actually called the Municipal Act, RSBC 1996, c. 323.  That title change became effective June 12, 2000.

What does the Municipal Replotting Act do?

The Act allows a municipal Council to define any area of the municipality as a Replotting District.  If owners representing a certain percentage of the assessed value of land in such a District consent, the land may be resubdivided, and owners of former parcels receive a new parcel of equal value in exchange, or compensation in money.  All charges and encumbrances against former parcels are transferred to the new parcels.  

The legislation prescribes the procedures to be followed, the basis for compensation, complaints, and the rights of appeal.

Where can I find the legislative intent?

This is a limited revision, so no bills were presented in Parliament and there are no Hansard debates.

On May 4, 2016, the Legislative Assembly presented the revision of the Municipal Replotting Act to the Select Standing Committee for Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills for examination and recommendation pursuant to the Statute Revision Act [RSBC 1996] Chapter 440; and the Committee was also empowered to examine and make recommendations by October 31, 2016.

On May 19, 2016, the Committee recommended to the Lieutenant Governor that the revision be approved and brought into force.

Is there a Table of Concordance?

Yes, there are two.

If you look at the Table of Concordance, 1996-2015, any provisions noted as "Not Revised", remained in the retitled Act (the Municipal Replotting Act)

Resources

Will there be another Revised Statutes of British Columbia?
Revisions persuant to the Statute Revision Act
A guide to legislation and legislative process in British Columbia: Part 4: Statute Revisions

Contact

Ministry of Community, Sport and Cultural Development 
Governance and Structure Branch
Tel: 250-387-4020
E-mail: LGgovernance@gov.bc.ca
 

Last updated: August 5, 2016