BILL 5 – 2004
BUDGET MEASURES IMPLEMENTATION ACT, 2004
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Balanced Budget and Ministerial Accountability
Act
1 Section 5 of the Balanced Budget and Ministerial Accountability Act,
S.B.C. 2001, c. 28, is amended by adding the following subsection:
(1.1) For the purposes of calculating the estimated and
actual amounts of operating expenses under subsection (1) for the 2004/2005
fiscal year and each subsequent fiscal year, expenditures out of the BC Timber
Sales Account are not to be taken into account.
Budget Transparency and Accountability Act
2 Section 1 (1) of the Budget Transparency and Accountability Act,
S.B.C. 2000, c. 23, is amended
(a) by repealing the definition of "government reporting
entity" and substituting the following:
"government reporting entity" means
(a) the government as reported through the consolidated
revenue fund,
(b) government corporations other than those that are
government corporations solely by reason of being under an Act agents of the
government, and
(c) education and health sector organizations,
and includes
(d) each of the corporations or organizations that, under
generally accepted accounting principles, is considered to be controlled by a
government organization, and
(e) corporations and organizations that are included
within the government reporting entity by regulation under section 24 (2) (d)
(i)
but does not include corporations and organizations that
are excluded from the government reporting entity by regulation under section 24
(2) (d) (i); , and
(b) by adding the following definition:
"education and health sector organization"
means
(a) the following as defined in section 1 of the
College and Institute Act:
(i) a university;
(ii) an institution,
(b) the following as defined in section 1 of the School
Act:
(i) a board;
(ii) a francophone education authority,
(c) a board as defined in section 1 of the Health
Authorities Act,
(d) a hospital as defined in section 1 of the Hospital
Act,
and includes
(e) a corporation or organization that, under generally
accepted accounting principles, is considered to be controlled by an education
and health sector organization, and
(f) a corporation or organization that is included in this
definition by regulation under section 24 (2) (d) (ii),
but does not include a corporation or organization that is
excluded from this definition by regulation under section 24 (2) (d) (ii);
.
3 Section 4 (3) is repealed and the following substituted:
(3) An employee of the government reporting entity, other
than an employee of a university as defined in the College and Institute
Act, is not eligible for appointment under subsection (2).
4 Section 4.1 is amended
(a) in subsection (1) by striking out "implementation of
generally accepted accounting principles" and substituting
"application and implementation of generally accepted accounting
principles" , and
(b) in subsection (9) by striking out "March 31, 2004"
and substituting "March 31, 2006".
5 Section 5 (2) (c) and (d) is repealed and the following
substituted:
(c) for the taxpayer-supported government reporting
entity, for the fiscal year and for the preceding fiscal year, a forecast of
staff utilization, except in relation to the staff of education and health
sector organizations;
(d) for government organizations in the taxpayer-supported
government reporting entity that are not education and health sector
organizations, the forecast of revenues and expenses for each of them whose
revenues or expenses are of a material amount in the fiscal year and the
preceding fiscal year; .
6 Section 8 is amended by adding the following subsection:
(4) Despite subsections (1) to (3), this section does not
apply in respect of commitments that education and health sector organizations,
directly or indirectly,
(a) have made, or
(b) anticipate making.
7 Section 9 (2) (c) (ii) is repealed and the following
substituted:
(ii) a supplementary schedule that includes staff
utilization for that fiscal year, except in relation to the staff of education
and health sector organizations; .
8 Section 10 (2) (c) is repealed and the following
substituted:
(c) a supplementary schedule that presents a forecast of
staff utilization of the taxpayer-supported government reporting entity for the
fiscal year to which the quarterly report applies, except in relation to the
staff of education and health sector organizations; .
9 Section 13 is amended in each of subsections (1) and (3) by adding
"other than an education and health sector organization" after
"government organization".
10 The following section is added:
Definition for section 16
15.1 In section 16, "government organization"
means a government organization other than an education and health sector
organization.
11 Section 24 is amended
(a) by repealing subsection (2) (d) and substituting the
following:
(d) on the recommendation of the minister after
consultation with the Auditor General,
(i) including within, or excluding from, the government
reporting entity
(A) specified corporations and organizations, or
(B) classes of corporations and organizations, or
(ii) including in, or excluding from, the definition of
"education and health sector organization" in section 1 (1)
(A) specified corporations and organizations, or
(B) classes of corporations and organizations. ,
and
(b) by adding the following subsection:
(2.1) If a regulation under subsection (2) (d) conflicts
or is inconsistent with the definition in section 1 (1) of "government reporting
entity" or of "education and health sector organization", the regulation
prevails.
Build BC Act
12 Section 1 of the Build BC Act, R.S.B.C. 1996, c. 40, is amended by
repealing the definition of "special account".
13 Section 5 (b) and (c) is repealed.
14 Part 3 is repealed.
Financial Administration Act
15 Section 23 (3) (c) and (9) (b) of the Financial Administration Act,
R.S.B.C. 1996, c. 138, is amended by striking out "on the approval of
the Treasury Board," and substituting "unless otherwise directed
by the Treasury Board,".
16 Part 7 is repealed.
Medical and Health Care Services Special Account
Act
17 The Medical and Health Care Services Special Account Act, R.S.B.C.
1996, c. 284, is repealed.
Special Accounts Appropriation and Control
Act
18 The Special Accounts Appropriation and Control Act, R.S.B.C. 1996,
c. 436, is amended by adding the following section:
Provincial Home Acquisition Wind Up special account
9.1 (1) A special account to be known as the
"Provincial Home Acquisition Wind Up special account" is established.
(2) The special account established under subsection (1)
consists of an initial balance of $15 million.
(3) Despite section 21 (3) of the Financial
Administration Act, the Minister of Provincial Revenue may pay out of the
special account established under subsection (1) funds for the purpose of
(a) the administration of transactions and contracts
entered into under the Home Conversion and Leasehold Loan Act, the
Home Mortgage Assistance Program Act, the Home Purchase Assistance
Act, the Homeowner Interest Assistance Act and the Provincial Home
Acquisition Act before the repeal of those Acts and for other related
payments, and
(b) payments necessary or advisable for the wind up of the
programs under those Acts.
(4) If the Minister of Provincial Revenue determines that
a part of the balance of the special account established under subsection (1) is
no longer necessary to carry out the purposes of the special account, the
Minister of Provincial Revenue may reduce the balance in the special account by
that part.
Transitional Provisions
Transitional -- Budget Transparency and Accountability
Act
19 (1) The amendments made by sections 2 and 5 to
11 of this Act first apply for the purposes of the 2004/2005 fiscal year.
(2) Despite section 13 of the Budget Transparency and
Accountability Act, for the 2004/2005 fiscal year, a ministry service plan
to which that section applies need not include the statement referred to in
section 13 (4) (f) of that Act or provide for the signature to the
statement.
(3) For the 2004/2005 fiscal year, the statement referred
to in section 13 (4) (f) of the Budget Transparency and Accountability
Act must be made public in accordance with that Act by the responsible
minister on or before May 15, 2004.
(4) Despite section 6 (1) (c) of the Balanced Budget
and Ministerial Accountability Act, for the 2004/2005 fiscal year, the
expected results referred to in section 5 (3) of that Act
(a) need not be made public with the main estimates for
that fiscal year, and
(b) must be made public, in accordance with the Budget
Transparency and Accountability Act, on or before May 15, 2004.
(5) Despite section 11 of the Budget Transparency and
Accountability Act, the minister need not make public a report under section
11 (1) of that Act on the impact of a change in the composition of the
government reporting entity occurring only because of
(a) the amendments made to section 1 of the Budget
Transparency and Accountability Act by section 2 of this Act, or
(b) the amendments made on February 17, 2004, by
regulation under section 24 of the Budget Transparency and Accountability
Act, to the Government Reporting Entity Regulation, B.C. Reg. 134/2001.
Transitional -- Home Conversion and Leasehold Loan
Act
20 Despite the repeal of the Home Conversion and
Leasehold Loan Act, sections 1, 6 and 12 to 15 of that Act and sections 4, 5
and 11 of the Home Conversion and Leasehold Loan Regulation, B.C. Reg. 439/74,
as those sections read the day before the coming into force of this section,
continue to apply, as if that Act is not repealed, to a loan made and to a
written agreement and a conversion or leasehold mortgage entered into under that
Act before its repeal.
Transitional -- Home Mortgage Assistance Program
Act
21 Despite the repeal of the Home Mortgage
Assistance Program Act, sections 1, 5 and 6 of that Act, the Administration
Regulation, B.C. Reg. 159/89, and sections 1 and 7 to 9 of the Home Mortgage
Assistance Program Regulation, B.C. Reg. 158/89, as those enactments read the
day before the coming into force of this section, continue to apply, as if that
Act is not repealed, to an agreement entered into and a guarantee given under
that Act before its repeal.
Transitional -- Home Purchase Assistance Act
22 Despite the repeal of the Home Purchase
Assistance Act, sections 1, 10, 12 and 13 of that Act, as those sections
read the day before the coming into force of this section, continue to apply, as
if that Act is not repealed, to a loan made and a mortgage entered into under
that Act before its repeal.
Transitional -- Homeowner Interest Assistance
Act
23 Despite the repeal of the Homeowner Interest
Assistance Act, section 5 (6) to (9) and (11) of that Act, and sections 1,
22 (1), 22.1 and 23 and Schedules 1 to 8 of the British Columbia Home Program
Regulation, B.C. Reg. 458/82, as those enactments read the day before the coming
into force of this section, continue to apply, as if that Act is not repealed,
to financial assistance provided under that Act and to an agreement entered into
and a mortgage and security interest created under that Act before its repeal.
Transitional -- Interpretation Act
24 Sections 20 to 23 of this Act do not affect the
application of section 35 of the Interpretation Act to the repeal of the
enactments referred to in section 25.
Repeals
25 The following are repealed on March 31,
2004:
(a) Home Conversion and Leasehold Loan Act,
R.S.B.C. 1996, c. 192;
(b) Supplement to the Home Conversion and Leasehold
Loan Act;
(c) Home Mortgage Assistance Program Act, R.S.B.C.
1996, c. 193;
(d) Home Purchase Assistance Act, R.S.B.C. 1996, c.
195;
(e) Supplement to the Home Purchase Assistance
Act;
(e) Homeowner Interest Assistance Act, R.S.B.C.
1996, c. 196;
(f) Supplement to the Homeowner Interest Assistance
Act;
(f) Provincial Home Acquisition Act, S.B.C. 1967,
c. 39.
Consequential Amendments
Manufactured Home Act
26 Section 15 (2) of the Manufactured Home Act, S.B.C. 2003, c. 75, is
repealed and the following substituted:
(2) On application, in the form established by the
registrar and in the manner set out in the regulations, of
(a) a registered owner of a manufactured home,
(b) a landlord, under an order of possession granted under
section 48 or 49 of the Manufactured Home Park Tenancy Act or in the
exercise of a right conferred on the landlord under a regulation of that Act
respecting disposal of abandoned personal property,
(c) a secured party, or
(d) any other person under an order of a court,
the registrar must, on being satisfied that a certificate
or confirmation in electronic format has been issued under section 25 of this
Act, issue a transport permit authorizing the manufactured home to be moved to
the location, and in accordance with the terms and conditions, set out in the
transport permit.
Local Government Act
27 Section 12 (5) of the Local Government Act, R.S.B.C. 1996, c. 323,
is repealed.
Commencement
28 (1) Sections 1 to 6, 8 to 11 and 19 come into
force on February 17, 2004 and are retroactive to the extent necessary to give
them effect on and after that date.
(2) Section 7 comes into force on April 1, 2005.
(3) Sections 12 to 14, 16 and 17 come into force on March
31, 2004.
(4) Sections 15, 18, 20 to 24 and 27 come into force on
April 1, 2004.
(5) Section 26 comes into force by regulation of the
Lieutenant Governor in Council.