Floodplain Bylaw Fee

Ministry of Community Services Section 363 of the Local Government Act Act provides regional districts with the general authority to charge fees in relation to a service. As land use planning is a regulatory service, the Act, section 363 would provide regional districts with the authority to charge an application fee in relation to applications for exemptions under section 910, unless another provision specifically authorizes the imposition of a fee. Section 931 of the Act provides for the imposition of specific application fees under Division 7 of Part 26, but does not include a specific power to impose an application fee in respect of an exemption to a requirement in relation to flood plain areas contained in section 910. Section 42 of the Act clarifies that where a specific power is conferred on a regional district and that specific power can be read as coming within a general power conferred by the Act, the general power must not be interpreted as being limited by that specific power, but that aspect of the general power that encompasses the specific power may only be exercised subject to any conditions and restrictions established in relation to the specific power. The lack of a specific power within section 931 to charge an application fee in respect of a section 910 exemption would not, in our view, limit a regional district from exercising its general fee setting authority provided under the Act, section 363. We believe this interpretation would be consistent with the overall spirit of the legislation.