» MUNICIPAL ACT | R.S. CHaP, 290

Scale of costs on distress |
7153. A council may by bylaw regulate and alter the scale of costs payable in cases of distress under this Act.

RS1960-255-737.

Limitation period for actions against municipalily .

754, All actions against a municipality for the unlawful doing of anything purporting to have been
dose by the municipality under the powers conferred by an Act of the Legislature, and which might bave becn
lawfully done by the municipality if acting in the manner prescribed by law, shall be commenced within 6 months
after the cause of action shall have first arisen, or within a further period designated by the council in a particular
case, but not afterwards.

RS1960-255-738; 1975-37-16.

Notice to municipality after darnage

755. The municipality is in no case liable for damages unless notice in writing, setting forth the time,
place and manner in which the damage has been sustained, is delivered to the clerk within 2 months froca the date
on which the damage was sustained. [a case of the death of a person injured the failure to.give notice required by
this section is aot a bar to the maintenance of the action. Failure to give the notice or its insufficiency is not a bar
to the maintenance of an action if the court before whom it is tried, or, in case of appeal, the Court of Appeal,
believes there was reasonable excuse and that the defendant bas not been prejudiced by it in its defence.

RS1960-255-739.

Personal liability of a municipal public officer
785.1 (1) No action for damages lies or shall be instituted against a municipal public officer or former -
municipal public officer for anything said or done or omiited to be said or done by him in the performance or:
‘intended performance of his duty or the exercise of his power or for any alleged neglect or default in the —
performance or intended performance of his duty or exercise of his power. _
(2) In this section “municipal public officer” means
oo (a) a member of a council,
‘(b) a director of a regional board a trustee of an improvement district,
(c) a trustee of an improvement district, | |
(d) a member of .
(i) any civic commussion under Division (2) of Part 17, or
(ii) a library board under the Library Act, ne |
(d.1) a commissioner for a local community commission under section 817, cs
(¢) a member of any greater board as defined in section 943 or of any board that provides —
’ similar services and is incorporated by letters patent, . — ae
(f) a member of an advisory planning commission under section $55, |
(g) amémber of a board of variance under section 961, : rene
(g.1).a member of the Okanagan-Kootenay Sterile. Insect Release Board or an officer or os
employee of that board, oe _ me
- (b) a member of the Okanagan Basin Water Board, —
‘(b.4) a trustee under the Islands Trust Act, ce Se
(i). an officer or employee of a municipality, regional district, improvement district, library.
board under the Library Act, a greater board referred to in paragraph (¢), the trust council
uader the [slands Trust Act and the Okanagan Basin Water Board, Wb ei
(j) a volunteer firefighter or a special constable, oo |
(k) any volunteer who participates ..a the delivery of services by a municipality, regional district
or the bodies referred to in paragraphs (c) to (h) under the supervision of an officer or
‘employee of the municipality, regional district or any of those bodies, and = Po nen
(1) amember of a board of cemetery trustees established or appointed by a municipalily under
~ the Cemetery and Funeral Services Act. - ae . EE
(3) Subsection (1) does not provide a defence where : oe

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