Capital Commission Act [RSBC 1979] Chapter 42

Section 1 - Interpretation

1. In this Act
   "commission" means the Provincial Capital Commission;
   "Capital Improvement District" means the Capital Improvement District continued under this Act.

   1956-55-2; 1977-75-8; 1977-76-5.

1. The commission, consisting of 14 members, shall be continued.
2. Eight members shall be appointed by the Lieutenant Governor in Council, to hold office during pleasure for a period not exceeding 5 years.
3. Two members shall be appointed by The Corporation of the City of Victoria, to hold office during pleasure for a period, not exceeding 3 years, that the Corporation may determine by bylaw.
4. One member shall be appointed by the Corporation of the Township of Esquimalt, to hold office during pleasure for a period, not exceeding 3 years, that the Corporation may determine by bylaw.
5. One member shall be appointed by The Corporation of the District of Oak Bay, to hold office during pleasure for a period, not exceeding 3 years, that the Corporation may determine by bylaw.
6. Two members shall be appointed by The Corporation of the District of Saanich, to hold office during pleasure for a period, not exceeding 3 years, that the Corporation may determine by bylaw.
7. A retiring member is eligible for reappointment.  

   1956-55-3; 1977-76-5; 1980-35-2, proclaimed effective March 24, 1983; 1985-66-1, effective December 20, 1985 (B.C. Reg. 405/85).

The Lieutenant Governor in Council may designate an area within and in the district surrounding the City of Victoria to be known as the Capital Improvement District.  

1956-55-4.

1. The commission is a corporation, and has power to make bylaws, employ persons, and pay and defray expenses necessary to enable it to carry into effect the purposes for which it is constituted or any of the powers conferred on it by this Act.
2. Bylaws made shall not come into force or effect until approved by the Lieutenant Governor in Council, and no alteration, modification or repeal of any such bylaw shall have any force or effect until approved by the Lieutenant Governor in Council.  

   1956-55-5(1,2).

1. The commission is for all purposes of this Act an agent of Her Majesty, and its powers under this Act may be exercised only as an agent of Her Majesty.
2. Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the commission on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the commission in the name of the commission in any court that would have jurisdiction if the commission were not an agent of Her Majesty.  

   1956-55-6.

No action or proceeding shall be brought or continued against the commission, a member of it or any person acting under its authority for anything done or omitted to be done in good faith, in the performance or purported performance of a duty under this Act.  

1985-66-2, effective December 20, 1985 (B.C. Reg. 405/85).

1. The Lieutenant Governor in Council shall designate one of the commissioners appointed by the Lieutenant Governor in Council to be chairman and another to be vice chairman of the commission, and each shall hold office during pleasure.
2. There shall be a secretary of the commission, who shall be appointed by the Lieutenant Governor in Council, and who shall hold office during pleasure.
3. Where the chairman is absent or unable to act or the office is vacant, the vice chairman shall act as chairman and where the chairman and vice chairman are absent or unable to act or their offices are vacant, another member designated by those present shall act as chairman.  

   1956-55-7; 1985-66-3, effective December 20, 1985 (B.C. Reg. 405/85).

The chairman and other members of the commission shall serve without remuneration, but they are entitled to receive and be paid their actual disbursements for expenses necessarily incurred by them in the discharge of their duties under this Act.  

1956-55-8.

1. The commission shall coordinate construction and development work in the Capital Improvement District in accordance with general plans approved from time to time under this Act.
2. Proposals for the location, erection, alteration or extension of a building or other work by or on behalf of the Province by any person on land owned, leased or otherwise controlled by the Province in the Capital Improvement District shall be referred to the commission prior to the commencement of the work.
3. No building or other work shall be erected, altered or extended by or on behalf of the Province in the Capital Improvement District unless the site, location and plans have first been approved by the commission.
4. No person shall erect, alter or extend a building or other work on land in the Capital Improvement District owned, leased or otherwise controlled by the Province unless the site, location and plans have first been approved by the commission.
5. In any case where the commission does not give its approval under this section, the Lieutenant Governor in Council may give approval.
6. This section does not apply to interior alterations in a work or building.  

   1956-55-9.

1. The commission may
   1. purchase, acquire and hold land within the Capital Improvement District for the purpose of public parks or squares, highways, walkways, bridges or other works;
   2. do, perform and execute all necessary or proper acts or things for the purposes of preparing, building, improving, repairing, maintaining and protecting all or any of the works of or under the control of the commission, and for preserving order;
   3. cooperate with any local municipality in improvement and beautification by the development, maintenance or improvement of public parks, squares, highways, walkways, bridges or other works in the municipality or in the vicinity;
   4. operate or grant concessions for the operation of places of refreshment, amusement or shelter, or for the encouragement of recreation, sports and games, on any property under its administration or control;
   5. subject to the approval of the Lieutenant Governor in Council, sell any land of the commission not being a portion of any public park or square, highway, walkway or other works that is not required for the purposes of the commission;
   6. lease any land of the commission for a period during which it is not required for the purposes of the commission;
   7. enter into an agreement with any person including the government of Canada or of a province;
   8. receive, by public subscription, donation, bequest or otherwise, money or property;
   9. undertake special projects as directed from time to time by the Lieutenant Governor in Council;
   10. engage and retain persons it considers necessary as consultants, experts or specialists, and may determine their remuneration; and
   11. for the purpose of the improvement of the Capital Improvement District, provide loans, grants, advice and other services to a local municipality or any other person, and for all or any of these purposes, the commission may expend the sum placed at its credit under this Act, except that any money that may be received by the commission by way of special grant for carrying out a particular work or undertaking shall be expended solely on that work or undertaking.  

2. Notwithstanding another enactment, for the purpose of carrying out any of the powers conferred by subsection (1), the commission and the council of a municipality within the Capital Improvement District may enter into agreements, and, without limiting the generality of the foregoing, the council may, in that way, undertake to limit its power and the power of succeeding councils to legislate in respect of the matters contained in the agreement, and the municipality is bound by the undertaking.  

   1956-55-10; 1962-73-2; 1985-66-4, effective December 20, 1985 (B.C. Reg. 405/85).

The commission shall not, without the approval of the Lieutenant Governor in Council, expend any money appropriated by the Legislature for the purposes of this Act or received by the commission through the conduct of its operations or by bequest, donation or otherwise on a capital project that
1. has an estimated cost of more than $200 000, or
2. is to be undertaken in cooperation with a local municipality or other authority.  

1985-66-5, effective December 20, 1985 (B.C. Reg. 405/85).

[Repealed 1985-66-6, effective December 20, 1985 (B.C. Reg. 405/85).]

The commission shall send to the minister, on or before December 31 in each year, a detailed statement of all its receipts and expenditures up to March 31 in each year, and copies of the statements shall be presented to the Legislature by the minister within the first 14 days of the next following session.  

1956-55-13.

The commission shall, whenever required by the minister, render detailed accounts of its receipts and expenditures for a period or to a day that he designates, and all books of account, records, bank books and papers of the commission shall at all times be open to the inspection of the minister, or of the person the minister names to inspect them.  

1956-55-14.

All expenditures by the commission are subject to the audit of the Auditor General in the same manner as other public money.  

1956-55-15; 1980-35-26, proclaimed effective October 9, 1980.

It shall be unlawful for any commissioner or the secretary of the commission to enter into any contract with the commission or to be pecuniarily interested, either directly or indirectly, in any contract or work for which any portion of the money at the credit of the commission is to be paid.  

1956-55-16.

1. A bylaw of the commission may impose penalties not exceeding the penalties provided in the Offence Act for the infraction of its provisions recoverable on conviction.
2. Any person who contravenes or fails to comply with section 8 (4) commits an offence.  

   1956-55-5(2),9(5); 1982-76-3; 1985-66-7, effective December 20, 1985 (B.C. Reg. 405/85).