274_92 — Health Act Fees Regulation

s. 1 — Interpretation

In this regulation:

s. 1 — decal

decal means an adhesive label that is issued and affixed to an operating permit at the time fees under this regulation are paid or remitted;

s. 1 — fiscal quarter

fiscal quarter means a 3 month period extending from April 1 to June 30, July 1 to September 30, October 1 to December 31 or January 1 to March 31;

s. 1 — fiscal year

fiscal year means the 12 month period commencing April 1 of a year and ending March 31 of the following year;

s. 1 — food service establishment

food service establishment means a food service establishment within the meaning of the Food Premises Regulation, B.C. Reg. 210/99;

s. 1 — mobile food service unit

mobile food service unit means a food service establishment that is a cart, stand, kiosk, coffee truck or similar conveyance that is self-contained, movable from place to place and equipped to store and prepare food that is to be served or sold to the public;

s. 1 — operating permit

operating permit means an operating permit issued under section 8 of the Food Premises Regulation, B.C. Reg. 210/99;

s. 1 — proprietor

proprietor means an operator of a food service establishment;

s. 1 — restaurant

restaurant means a food service establishment.

s. 2 — Term of an operating permit

s. 2(1)

An operating permit in force on March 31 of a year expires on March 31 of that year.

s. 2(2)

Despite subsection (1), an operating permit issued for a period of less than 12 months expires on the date specified on the approved application.

s. 2.1 — Repealed

Repealed. [B.C. Reg. 274/92, s. 2.1 (4).]

s. 3 — Fees

s. 3(1)

A person who is, or is applying to become, a proprietor must pay the fee set out in the Schedule if

s. 3(1)(a)

an application is being made for an operating permit, or

s. 3(1)(b)

an operating permit is renewed and the proprietor had an operating permit in force anytime during the 12 months prior to the renewal in respect of the same restaurant.

s. 3(2)

Repealed. [B.C. Reg. 102/93, s. 3 (a).]

s. 3(3)

The fee for renewal of an operating permit must be paid before the effective date of the renewal.

s. 3(4)

Approval is given for the remission of a fee paid under this section if

s. 3(4)(a)

the proprietor applies for the remission, and

s. 3(4)(b)

the fee is for a month of the fiscal year for which the proprietor was not required to have the operating permit to which the fee applies.

s. 3(5)

Subsection (4) does not apply to an operating permit for a mobile food service unit.

s. 4 — Decals

s. 4(1)

Subject to section 7, if a proprietor pays the applicable fee set out in the Schedule, the proprietor must be issued a decal to cover the period for which the fee is paid.

s. 4(2)

If an operating permit does not bear a decal or if that decal does not cover the current date, then the operating permit is not valid.

s. 5 — Permits and decals not transferable

An operating permit or decal is not transferable.

s. 6 — Temporary facilities

Notwithstanding sections 3 and 4, if a restaurant is in operation for no more than 14 days during a fiscal year, then

s. 6(a)

approval is given for a reduction in the applicable fee so that the proprietor or other person is not required to pay the fee set out in the Schedule, and

s. 6(b)

the operating permit is not required to bear a decal to be valid.

s. 7 — Remission of fees

Approval is given for the remission of the applicable fees if the operating permit is for a restaurant operated by a charitable organization whose purposes include the relief of poverty.

Schedule

Schedule [en. B.C. Regs. 102/93, s. 6; 297/2010, Sch. s. 5; am. B.C. Regs. 377/93, ss. 2 and 3; 184/95; 471/98, s. 4; 5/2007, App. 2, s. 4; 297/2010, Sch. s. 5.]