Section 201 of the Municipal Act was reviewed by my brother, Errico, J. in Gibson v. Toffino (D) [1998] B.C.J. No. 1240. In giving reasons for his decision, Errico, J. had this to say about Section 201, The British Columbia legislation sets out two codes, one that arises when a member of council considers that he or she is not entitled to participate and the other which mandates that a councillor must not participate where he or she has a direct or indirect pecuniary interest. It is the second code that results in disqualification. Subsections 2, 3 and 4 do not become effective until a member of council considers that he or she is not entitled to participate. It is only after that initial threshold is met that the mandatory provisions of making a declaration and the prohibitions contained in subsection 3 come into play. Subsection 5 is the section which mandates that a member must not participate where the member has a direct or indirect pecuniary interest. Subsection 5 makes reference to subsection 2, but those words "without limiting subsection 2" do not incorporate subsection 2 into subsection 5. In my view, those words separate subsection 2 from subsections 5, 6 and 7.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.